HomeMy WebLinkAboutStaff Report 7871City of Palo Alto (ID # 7871)
City Council Staff Report
Report Type: Action Items Meeting Date: 4/17/2017
City of Palo Alto Page 1
Summary Title: Sludge Dewatering & Loadout Facility: Approval of Contracts,
State Financing and Adopt Resolution
Title: Approval of a Construction Contract with C. Overaa & Co. in the Total
Amount of $22,867,900 and a Construction Management Contract with
Tanner Pacific in the Total Amount of $1,980,000 for the Sludge Dewatering
and Loadout Facility Project (WQ-14001) at the Regional Water Quality
Control Plant, and Adoption of a Resolution: 1) Authorizing an Installment
Sale Agreement with the California State Water Resources Control Board for
Financing the Design and Construction of the Sludge Dewatering and Loadout
Facility; and 2) Authorizing the Amendment of two Related Financing
Agreements With the California State Water Resources Control Board
From: City Manager
Lead Department: Public Works
Recommendation
Staff recommends that Council:
1.Approve and authorize the City Manager or his designee to execute the
contract with C. Overaa & Co. (Attachment A) in an amount not to exceed
$20,789,000 for construction of the Sludge Dewatering and Loadout Facility
at the Regional Water Quality Control Plant funded in Capital Improvement
Program project WQ-14001.
2.Approve and authorize the City Manager or his designee to negotiate and
execute one or more change orders to the contract with C. Overaa & Co. for
related additional,but unforeseen work,which may develop during the
project, the total value of which shall not exceed $2,078,900.
City of Palo Alto Page 2
3.Approve and authorize the City Manager or his designee to execute the
contract with Tanner Pacific (Attachment C) in an amount not to exceed
$1,980,000 for construction management services,including $1,800,000 for
basic services and $180,000 for potential additional services for the Sludge
Dewatering and Loadout Facility at the Regional Water Quality Control
Plant funded in Capital Improvement Program project WQ-14001.
4. Approve a Resolution authorizing an Installment Sale Agreement in an
amount not to exceed $30,000,000 with the California State Water
Resources Control Board for financing the design and construction of the
Sludge Dewatering and Loadout Facility, and authorizing the amendment of
two related financing agreements with the California State Water
Resources Control Board.
Executive Summary
A Sludge Dewatering and Loadout Facility to facilitate replacement of the sewage
sludge (“biosolids”) incinerators at the Regional Water Quality Control Plant
(RWQCP)has been designed, advertised,and bid.Staff recommends Council
approve the construction and construction management contracts.
Staff also recommends Council adopt a resolution authorizing an Installment Sale
Agreement (low interest financing loan) with State Water Resources Control
Board (SWRCB)for project financing and other related agreements for this facility.
Background
The Regional Water Quality Control Plant (RWQCP)was originally constructed in
1934 and has undergone several expansions and upgrades. The RWQCP is now an
advanced (tertiary treatment) facility that provides treatment and disposal of
wastewater for Palo Alto, Mountain View, Los Altos, Los Altos Hills, the East Palo
Alto Sanitary District, and Stanford University. A Long Range Facilities Plan (LRFP)
was prepared in 2012 to provide a plan for future capital projects.In 2014, a
Biosolids Facility Plan (BFP)was completed to plan a specific biosolids handling
facility to replace the sewage sludge incinerators.
Sludge Dewatering and Truck Loadout Facility Project
In May 2014 Council directed staff to initiate design of the sludge dewatering and
truck loadout facility (SR ID # 4744).
City of Palo Alto Page 3
In January 2015 Council approved a contract with CH2M HILL Engineers to provide
design and environmental consulting services for the sludge dewatering and truck
loadout facility (SR ID # 5295).The facility will be used to load trucks with
dewatered sludge; trucks leaving the facility will haul sludge to a regional facility
for further treatment, such as composting, gasification, thermal
hydrolysis/chemical treatment, and/or anaerobic digestion. The facility will allow
retirement of the City’s two sewage sludge incinerators. Staff will return to
Council for approval of the sludge hauling contract and the identified final
treatment/disposal location(s) after commencement of facility construction,
closer to the anticipated date of the sludge dewatering facility startup in 2019.
In March 2016 Council approved the Mitigated Negative Declaration, the
Mitigation and Monitoring Program, and the Record of Land Use approving the
Site and Design Review and Architectural Review application for the new
dewatering facility at the Regional Water Quality Control Plant (SR ID # 6424).
In October 2016 Council authorized contract amendments with the RWQCP
partners (City of Mountain View, City of Los Altos, East Palo Alto Sanitary District,
and Stanford University) for construction of the dewatering facilities (SR ID #
7144).At the same time, Council adopted Resolution No. 9630 authorizing the
City Manager or his designee, the Director of Public Works or the Manager of the
Water Quality Control Plant, to apply for SRF loans to cover the cost of certain
capital improvement projects identified in the Long Range Facilities Plan. The
resolution also authorized the City Manager or his designee to execute SRF
financial assistance agreements and any amendments with the SWRCB following
Council approval of a funding strategy and final construction contract for the
facility.
State Revolving Fund Program
The SWRCB Division of Financial Assistance administers the State Revolving Fund
(SRF)program. The SRF program provides low interest financing to agencies for
wastewater projects. Under this program, eligible projects can apply for loans
with interest rates that are approximately half of the State General Obligation
rate resulting in lower project costs and maximizing benefits to ratepayers and
partner agencies.
City of Palo Alto Page 4
SWRCB has completed their review of the City’s sludge dewatering and truck
loadout facility construction loan application, and in conjunction with the City
Attorney’s Office, prepared the attached loan document,entitled the Installment
Sale Agreement (ISA).The next step after Council approval is for the SWRCB to
complete its internal ISA approval process and gather all required State signatures
in the next two to four weeks, and then to present the ISA, in substantially the
form of the attached, to the City’s Authorized officer (the City Manager, Director
of Public Works or Manager of the Regional Water Quality Control Plant) for
signature on behalf of the City.
SWRCB staff have established March 20, 2017 as the project’s “Eligible Start
Date.”Designated Palo Alto and SWRCB representatives must still execute the
ISA for the City to receive SRF funds. Once the ISA is fully executed, construction
costs incurred by the City after the Eligible Start Date are eligible for
reimbursement. SRF Program staff have communicated that the SWRCB
anticipates providing the approved and final ISA for signature in approximately
early May 2017.Because financing is not secured until the ISA is approved and
executed by both parties, the Project’s construction and construction
management contracts provide that the City will terminate the contracts in the
event the SWRCB does not provide an approved ISA for signature.
The City has previously obtained SRF loans for the Ultraviolet Disinfection Facility
($8.5 million, 20-year term) and the Palo Alto/Mountain View recycled water
pipeline project ($9.0 million, 20-year term).
Total estimated sludge dewatering and truck loadout facility project cost including
planning, design, construction, and construction management is $30 million.
Discussion
Through contract amendments approved in October 2016 (SR ID #7144), the
RWQCP partner agencies approved the sludge dewatering and loadout facility
(Project), pursuit of an SRF loan to fund the Project, and their proportionate share
of financial obligation for the Project.Final approval of the Project and the SRF
loan must be issued by the City of Palo Alto as the lead agency and SRF loan
applicant.
City of Palo Alto Page 5
It is recommended that Council approve wastewater treatment fund contracts for
construction and construction management services as well as the SRF loan to
allow implementation of the Project.
Bid Process
Construction Contract with C. Overaa & Co. (Attachment A)
On November 10, 2016, the City advertised a notice inviting formal bids for the
Sludge Dewatering and Loadout Facility project. The bidding period was 106 days.
On February 23, 2017, bids were received from three qualified contractors as
presented in the bid summary (Attachment B).
Summary of Bid Process
Bid Name/Number Sludge Dewatering and Truck Loadout
Facility Project/IFB166691
Proposed Length of Project 22 months
Number of Bid Packages downloaded
by Contractors
19
Number of Bid Packages downloaded
by Builder’s Exchanges
3
Number of vendors notified through
City’s eProcurement system
70
Total Days to Respond to Bid 106
Pre-Bid Meeting Yes -Mandatory
Number of Company Attendees at Pre-
Bid Meeting
11
Number of Bids Received:3
Range of Proposal Amounts From $20,789,000 to $22,990,000
Staff has reviewed all bids submitted and recommends that the bid of
$20,789,000 submitted by C. Overaa & Co. (Overaa) be accepted and that Overaa
be declared the lowest responsible bidder. The bid is 2.2% above the engineer's
estimate of $20,330,000 and within the expected level of estimating accuracy.
The contingency amount of $2,078,900, which equals ten percent of the total
contract, is requested for related additional, but unforeseen work, which may
develop during the project.
City of Palo Alto Page 6
Staff confirmed with the Contractor's State License Board that the contractor has
an active license on file and checked references supplied by the contractor for
previous work performed and found no significant complaints.
Construction Management Contract with Tanner Pacific (Attachment C)
The work to be performed under the construction management contract is for the
administration, inspection, quality control, cost control, and record control during
the installation of the sludge dewatering and truck loadout facility.A request for
proposal (RFP) was issued on October 24, 2016.Three proposals were received on
November 22, 2016 with costs ranging from $1.5 million to $2.7 million.
Summary of Solicitation Process
Proposal Description/Number Construction Management Services for the
Sludge Dewatering and Truck Loadout
Facility Project / RFP 166486
Proposed Length of Project 24 months
Number of vendors notified
through City’s eProcurement
system
24
Total Days to Respond to Proposal 30
Pre-Proposal Meeting Date:October 31, 2016
Number of Company Attendees at
Pre-Proposal Meeting
7
Number of Bids Received 3
Range of Proposal Amounts From $1,496,135 to $2,714,270
The RFP process allows the City to negotiate the price of the work upon selection
of the successful firm. An evaluation committee consisting of staff from the Public
Works Department RWQCP reviewed the proposals. Three firms were invited to
participate in oral interviews on January 4, 2017.The committee carefully
reviewed each firm's qualifications and submittal in response to the criteria
identified in the RFP,including quality and completeness of proposal, quality and
effectiveness of services, experience with projects of similar scope and
complexity, prior record of performance, and ability to provide future
maintenance and/or services. Tanner Pacific was selected because its proposed
team met the experience requirements, has a good record on similar projects and
City of Palo Alto Page 7
an efficient approach to the project. Tanner Pacific’s construction management
base service is $1,800,000 with an additional services budget of $180,000.
Resolution Authorizing SWRCB Installment Sale Agreement and Two Related
Financing Agreements (Attachment D)
The low interest SRF ISA will provide funding in an amount not to exceed $30
million (not including interest) based on the estimated cost of the Sludge
Dewatering and Loadout Facility project,pending the City’s approval of
construction and construction management contracts,as well as both parties’
approval and execution of the ISA.The SRF loan will have a 1.8% interest rate for
a 30-year term. The SRF loan will cover construction, planning, design,
administration, and construction management.The project also qualifies for SRF
loan principal forgiveness of $4 million through the SRF Program’s Green Project
Reserve.The Green Project Reserve program is designed to direct State water
sector funding toward projects that reduce the environmental footprint of water
and wastewater treatment and collection, and encourage energy conservation.
Securing the $4 million principal reduction will reduce the principal repayment to
$26 million,providing a significant savings to the City and the RWQCP partners.
The City’s payments under the ISA will be secured by a pledge of and payable
from net revenues of the City’s Wastewater Collection and Wastewater
Treatment enterprise funds,on a parity basis with the City’s obligation to repay
the State Water Board under two prior SRF financing agreements (the 2007
Ultraviolet Disinfection Facility and the 2009 Palo Alto-Mountain View Recycled
Water Pipeline Project).The attached ISA approval resolution amends the 2007
and 2009 SRF financing agreements so that all three SRF loans are secured by the
same net revenue pledge, and clarifies that all three SRF loans are subordinate to
both the City’s 1995 storm drain and water bond issuance, and 1999 storm drain
and wastewater collection and treatment bond issuance.
The resolution authorizes the City Manager or any designee thereof, the Director
of Public Works or the Manager of the Regional Water Quality Control Plant (each
an “Authorized Officer”) to execute the ISA and the 2007 and 2009 SRF
Amendments, which are attached as Exhibits A, B and C to the SRF ISA approval
resolution.
City of Palo Alto Page 8
Timeline
Resource Impact
The Project will be financed by a SWRCB SRF loan, which is disbursed on a
reimbursement basis.Funds for the Project have been appropriated in the
Wastewater Treatment Enterprise Fund Capital Improvement Program project
WQ-14001.
Construction Implementation Costs for Sludge Dewatering Facility
Construction Bid w/10% contingency (with Overaa)$22,867,900
Construction Management (Tanner Pacific)$1,980,000
Total Construction and Construction Services Costs $24,847,900
Engineering services provided by the design firm during project construction was previously
approved by Council as part of the CH2MHill Engineering Services Contract (SR ID # 5295).
As the lead agency, the City of Palo Alto will budget and spend the funds.The City
is responsible for 38.16% of project costs. Reimbursements from the RWQCP
partner agencies will be made pursuant to partner agency agreements (SR ID #
7144). The SRF loan (principal and interest) will be repaid with equal annual
payments based on an amortization period of 30 years. Pursuant to SRF policy,
the first SRF ISA repayment will occur in 2020, one year after project completion,
and would be included as an expense in the FY 2019-2020 Wastewater Treatment
Fund operating budget. The estimated contribution by partner agencies is shown
below.
Estimated SRF Loan Payments by Contributing Partner Agency
Contributing Partner Agency
Capacitya Annual Loan
PaymentbMGD%
Construction Management NTP April 2017
Construction Contractor NTP May 2017
Project Completion April 30, 2019
Construction Management Completion May 30, 2019
City of Palo Alto Page 9
City of Palo Alto 15.3 38.16 $430,909.29
City of Mountain View 15.1 37.89 $427,860.40
City of Los Altos 3.8 9.47 $106,936.87
East Palo Alto Sanitary District 3.06 7.64 $86,272.19
Stanford University 2.11 5.26 $59,396.83
Town of Los Altos Hills 0.63 1.58 $17,841.63
Totals 40.00 100.00 $1,129,217.21
aCapacity expressed in annual average flow, million gallons per day
bBased on SRF loan amount of $26 million ($30 million less $4 million
principal forgiveness)at 1.8% interest rate for 30 year term.
Policy Implications
Approval of the wastewater treatment fund contract and adoption of a resolution
for SRF ISA does not represent a change in existing policies.
Environmental Review
The City of Palo Alto performed an environmental review for the sludge
dewatering and loadout facility under provisions of the California Environmental
Quality Act (CEQA).An Initial Study/Mitigated Negative Declaration was prepared
for the project, and Council approved the environmental documentation on
March 28, 2016 (SR ID # 6424).
Adoption of the authorizing resolution and amendments of the 2007 and 2009
SRF agreements are not actions that require CEQA review. These actions do not
meet the definition of a project for the purposes of CEQA, under Public Resources
Code Section 21065 and CEQA Guidelines Section 15378(b)(5), because they are
administrative governmental activities which will not cause a direct or indirect
physical change in the environment.
Attachments:
·Attachment A: Construction Contract C. Overaa
·Attachment B: Bid Summary
·Attachment C: Construction Management Contract Tanner Pacific
·Attachment D: Resolution Authorizing an Installment Sale Agreement with State of
California in Connection with Financing the Sludge Dewatering and Load-Out Facility and
Authorizing Related Amendments
Invitation for Bid (IFB) Package 1 Rev. January 30, 2017
CONSTRUCTION CONTRACT
CONSTRUCTION CONTRACT
Contract No. C17166691
City of Palo Alto
Sludge Dewatering and Loadout Facility – Construction
Project
Attachment A
Invitation for Bid (IFB) Package 2 Rev. January 30, 2017
CONSTRUCTION CONTRACT
CONSTRUCTION CONTRACT
TABLE OF CONTENTS
SECTION 1 INCORPORATION OF RECITALS AND DEFINITIONS…………………………………….…………..6
1.1 Recitals…………………………………………………………………………………………………………………….6
1.2 Definitions……………………………………………………………………………………………………………….6
SECTION 2 THE PROJECT………………………………………………………………………………………………………...6
SECTION 3 THE CONTRACT DOCUMENTS………………………………………………………………………………..7
3.1 List of Documents…………………………………………………………………………………………….........7
3.2 Order of Precedence……………………………………………………………………………………………......7
SECTION 4 CONTRACTOR’S DUTY…………………………………………………………………………………………..8
4.1 Contractor's Duties…………………………………………………………………………………………………..8
SECTION 5 PROJECT TEAM……………………………………………………………………………………………………..8
5.1 Contractor's Co-operation………………………………………………………………………………………..8
SECTION 6 TIME OF COMPLETION…………………………………………………………………………………….......8
6.1 Time Is of Essence…………………………………………………………………………………………………….8
6.2 Commencement of Work…………………………………………………………………………………………8
6.3 Contract Time…………………………………………………………………………………………………………..8
6.4 Liquidated Damages…………………………………………………………………………………………………8
6.4.1 Other Remedies……………………………………………………………………………………………………..9
6.5 Adjustments to Contract Time………………………………………………………………………………….9
SECTION 7 COMPENSATION TO CONTRACTOR……………………………………………………………………….9
7.1 Contract Sum……………………………………………………………………………………………………………9
7.2 Full Compensation……………………………………………………………………………………………………9
SECTION 8 STANDARD OF CARE……………………………………………………………………………………………..9
8.1 Standard of Care…………………………………………………………………………………..…………………9
SECTION 9 INDEMNIFICATION…………………………………………………………………………………………..…10
9.1 Hold Harmless……………………………………………………………………………………………………….10
9.2 Survival…………………………………………………………………………………………………………………10
SECTION 10 NON-DISCRIMINATION……..………………………………………………………………………………10
10.1 Municipal Code Requirement…………….………………………………..……………………………….10
SECTION 11 INSURANCE AND BONDS.…………………………………………………………………………………11
Invitation for Bid (IFB) Package 3 Rev. January 30, 2017
CONSTRUCTION CONTRACT
11.1 Evidence of Coverage…………………………………………………………………………………………..10
SECTION 12 PROHIBITION AGAINST TRANSFERS…………………………………………………………….…11
12.1 Assignment………………………………………………………………………………………………………….11
12.2 Assignment by Law.………………………………………………………………………………………………11
SECTION 13 NOTICES …………………………………………………………………………………………………………….11
13.1 Method of Notice …………………………………………………………………………………………………11
13.2 Notice Recipents ………………………………………………………………………………………………….11
13.3 Change of Address……………………………………………………………………………………………….13
SECTION 14 DEFAULT…………………………………………………………………………………………………………...13
14.1 Notice of Default………………………………………………………………………………………………….13
14.2 Opportunity to Cure Default…………………………………………………………………………………13
SECTION 15 CITY'S RIGHTS AND REMEDIES…………………………………………………………………………..13
15.1 Remedies Upon Default……………………………………………………………………………………….13
15.1.1 Delete Certain Services…………………………………………………………………………………….13
15.1.2 Perform and Withhold……………………………………………………………………………………..13
15.1.3 Suspend The Construction Contract…………………………………………………………………13
15.1.4 Terminate the Construction Contract for Default………………………………………………13
15.1.5 Invoke the Performance Bond………………………………………………………………………….14
15.1.6 Additional Provisions……………………………………………………………………………………….14
15.2 Delays by Sureties……………………………………………………………………………………………….14
15.3 Damages to City…………………………………………………………………………………………………..14
15.3.1 For Contractor's Default…………………………………………………………………………………..14
15.3.2 Compensation for Losses…………………………………………………………………………………14
15.4 Suspension by City……………………………………………………………………………………………….14
15.4.1 Suspension for Convenience……………………………………………………………………………..14
15.4.2 Suspension for Cause………………………………………………………………………………………..14
15.5 Termination Without Cause…………………………………………………………………………………15
15.5.1 Compensation………………………………………………………………………………………………….15
15.5.2 Subcontractors………………………………………………………………………………………………..15
15.6 Contractor’s Duties Upon Termination………………………………………………………………...16
SECTION 16 CONTRACTOR'S RIGHTS AND REMEDIES……………………………………………………………16
16.1 Contractor’s Remedies……………………………………..………………………………..………………….16
Invitation for Bid (IFB) Package 4 Rev. January 30, 2017
CONSTRUCTION CONTRACT
16.1.1 For Work Stoppage……………………………………………………………………………………………16
16.1.2 For City's Non-Payment…………………………………………………………………………………….16
16.2 Damages to Contractor………………………………………………………………………………………..17
SECTION 17 ACCOUNTING RECORDS………………………………………………………………………………….…17
17.1 Financial Management and City Access………………………………………………………………..17
17.2 Compliance with City Requests…………………………………………………………………………….17
SECTION 18 INDEPENDENT PARTIES……………………………………………………………………………………..17
18.1 Status of Parties……………………………………………………………………………………………………17
SECTION 19 NUISANCE……………………………………………………………………………………………………….…17
19.1 Nuisance Prohibited……………………………………………………………………………………………..17
SECTION 20 PERMITS AND LICENSES…………………………………………………………………………………….17
20.1 Payment of Fees…………………………………………………………………………………………………..17
SECTION 21 WAIVER…………………………………………………………………………………………………………….18
21.1 Waiver………………………………………………………………………………………………………………….17
SECTION 22 GOVERNING LAW AND VENUE; COMPLIANCE WITH LAWS……………………………….18
22.1 Governing Law…………………………………………………………………………………………………….18
22.2 Compliance with Laws…………………………………………………………………………………………18
22.2.1 Palo Alto Minimum Wage Ordinance…………….………………………………………………….18
SECTION 23 COMPLETE AGREEMENT……………………………………………………………………………………18
23.1 Integration………………………………………………………………………………………………………….18
SECTION 24 SURVIVAL OF CONTRACT…………………………………………………………………………………..18
24.1 Survival of Provisions……………………………………………………………………………………………18
SECTION 25 PREVAILING WAGES………………………………………………………………………………………….18
SECTION 26 NON-APPROPRIATION……………………………………………………………………………………….19
26.1 Appropriation………………………………………………………………………………………………………19
SECTION 27 AUTHORITY……………………………………………………………………………………………………….19
27.1 Representation of Parties…………………………………………………………………………………….19
SECTION 28 COUNTERPARTS………………………………………………………………………………………………..19
28.1 Multiple Counterparts………………………………………………………………………………………….19
SECTION 29 SEVERABILITY……………………………………………………………………………………………………19
29.1 Severability………………………………………………………………………………………………………….19
SECTION 30 STATUTORY AND REGULATORY REFERENCES …………………………………………………..19
Invitation for Bid (IFB) Package 5 Rev. January 30, 2017
CONSTRUCTION CONTRACT
30.1 Amendments of Laws…………………………………………………………………………………………..19
SECTION 31 WORKERS’ COMPENSATION CERTIFICATION………………………………………………….….19
31.1 Workers Compensation…………………………………………………………………………………….19
SECTION 32 DIR REGISTRATION AND OTHER SB 854 REQUIREMENTS………………………………..…20
32.1 General Notice to Contractor…………………………………………………………………………….20
32.2 Labor Code section 1771.1(a)…………………………………………………………………………….20
32.3 DIR Registration Required…………………………………………………………………………………20
32.4 Posting of Job Site Notices…………………………………………………………………………………20
32.5 Payroll Records…………………………………………………………………………………………………20
SECTION 33 COMPLIANCE WITH CALIFORNIA STATE WATER RESOURCE CONTROL BOARD
(SWRCB) CLEAN WATER STATE REVOLVING FUND (CWSRF) PROGRAM ................................. 22
33.1 CWSRF Requirements ....................................................................................... 22
33.2 Department of Labor Wage Determination (as of February 14, 2017) ................ 22
Invitation for Bid (IFB) Package 6 Rev. January 30, 2017
CONSTRUCTION CONTRACT
CONSTRUCTION CONTRACT
THIS CONSTRUCTION CONTRACT entered into on April 17, 2017 (“Execution Date”) by and between the
CITY OF PALO ALTO, a California chartered municipal corporation ("City"), and C. OVERAA & CO
("Contractor"), is made with reference to the following:
R E C I T A L S:
A. City is a municipal corporation duly organized and validly existing under the laws of the State of
California with the power to carry on its business as it is now being conducted under the statutes of the
State of California and the Charter of City.
B. Contractor is a Corporation duly organized and in good standing in the State of California,
Contractor’s License Number 106793 and Department of Industrial Relations Registration Number
1000000871. Contractor represents that it is duly licensed by the State of California and has the
background, knowledge, experience and expertise to perform the obligations set forth in this Construction
Contract.
C. On November 10, 2016, City issued an Invitation for Bids (IFB) to contractors for the Sludge
Dewatering and Loadout Facility - Construction (“Project”). In response to the IFB, Contractor submitted a
Bid. The City has applied for financial assistance from the State Water Resources Control Board’s Clean
Water State Revolving Fund to fund the design, planning and construction of this Project, and as a result
this Construction Contract includes certain provisions required to maintain the City’s eligibility for such
financial assistance.
D. City and Contractor desire to enter into this Construction Contract for the Project, and other
services as identified in the Contract Documents for the Project upon the following terms and conditions.
NOW THEREFORE, in consideration of the mutual promises and undertakings hereinafter set forth
and for other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, it is mutually agreed by and between the undersigned parties as follows:
SECTION 1 INCORPORATION OF RECITALS AND DEFINITIONS.
1.1 Recitals.
All of the recitals are incorporated herein by reference.
1.2 Definitions.
Capitalized terms shall have the meanings set forth in this Construction Contract and/or in the General
Conditions. If there is a conflict between the definitions in this Construction Contract and in the General
Conditions, the definitions in this Construction Contract shall prevail.
SECTION 2 THE PROJECT.
The Project is the Sludge Dewatering and Loadout Facility - Construction Project, located at 2501
Embarcadero Way, Palo Alto, CA. 9403 ("Project").
Invitation for Bid (IFB) Package 7 Rev. January 30, 2017
CONSTRUCTION CONTRACT
SECTION 3 THE CONTRACT DOCUMENTS.
3.1 List of Documents.
The Contract Documents (sometimes collectively referred to as “Agreement” or “Bid Documents”) consist
of the following documents which are on file with the Purchasing Division and are hereby incorporated by
reference.
1) Change Orders
2) Field Orders
3) Contract
4) Bidding Addenda
5) Special Provisions
6) General Conditions
7) Project Plans and Drawings
8) Technical Specifications
9) Instructions to Bidders
10) Invitation for Bids
11) Contractor's Bid/Non-Collusion Declaration
12) Reports listed in the Contract Documents
13) Public Works Department’s Standard Drawings and Specifications (most current version at
time of Bid)
14) Utilities Department’s Water, Gas, Wastewater, Electric Utilities Standards (most current
version at time of Bid)
15) City of Palo Alto Traffic Control Requirements
16) City of Palo Alto Truck Route Map and Regulations
17) Notice Inviting Pre-Qualification Statements, Pre-Qualification Statement, and Pre-
Qualification Checklist (if applicable)
18) Performance and Payment Bonds
3.2 Order of Precedence.
For the purposes of construing, interpreting and resolving inconsistencies between and among the
provisions of this Contract, the Contract Documents shall have the order of precedence as set forth in the
preceding section. If a claimed inconsistency cannot be resolved through the order of precedence, the City
shall have the sole power to decide which document or provision shall govern as may be in the best
interests of the City.
Invitation for Bid (IFB) Package 8 Rev. January 30, 2017
CONSTRUCTION CONTRACT
SECTION 4 CONTRACTOR’S DUTY.
4.1 Contractor’s Duties
Contractor agrees to perform all of the Work required for the Project, as specified in the Contract
Documents, all of which are fully incorporated herein. Contractor shall provide, furnish, and supply all
things necessary and incidental for the timely performance and completion of the Work, including, but not
limited to, provision of all necessary labor, materials, equipment, transportation, and utilities, unless
otherwise specified in the Contract Documents. Contractor also agrees to use its best efforts to complete
the Work in a professional and expeditious manner and to meet or exceed the performance standards
required by the Contract Documents.
SECTION 5 PROJECT TEAM.
5.1 Contractor’s Co-operation.
In addition to Contractor, City has retained, or may retain, consultants and contractors to provide
professional and technical consultation for the design and construction of the Project. The Contract
requires that Contractor operate efficiently, effectively and cooperatively with City as well as all other
members of the Project Team and other contractors retained by City to construct other portions of the
Project.
SECTION 6 TIME OF COMPLETION.
6.1 Time Is of Essence.
Time is of the essence with respect to all time limits set forth in the Contract Documents.
6.2 Commencement of Work.
Contractor shall commence the Work on the date specified in City’s Notice to Proceed.
6.3 Contract Time.
Work hereunder shall begin on the date specified on the City’s Notice to Proceed and shall be completed
not later than .
within twenty two months (22) after the commencement date specified in City’s Notice
to Proceed.
As stated in Recital C, the City has applied for financial assistance from the State Water Resources Control
Board’s Clean Water State Revolving Fund to fund the design, planning and construction of this Project.
The City’s performance under this Contract is therefore dependent upon funding approval from the State
Water Resources Control Board. If Project funding is not approved by the State Water Resources Control
Board, the City will terminate this Construction Contract, as provided in Section 15.5.
By executing this Construction Contract, Contractor expressly waives any claim for delayed early
completion, as well as any claim for compensation due to delays caused by the State Water
Resources Control Board’s failure to provide State Revolving Fund financial assistance.
6.4 Liquidated Damages.
Invitation for Bid (IFB) Package 9 Rev. January 30, 2017
CONSTRUCTION CONTRACT
Pursuant to Government Code Section 53069.85, if Contractor fails to achieve Substantial Completion of
the entire Work within the Contract Time, including any approved extensions thereto, City may assess
liquidated damages on a daily basis for each day of Unexcused Delay in achieving Substantial Completion,
based on the amount of Five Hundred dollars ($500) per day, or as otherwise specified in the Special
Provisions. Liquidated damages may also be separately assessed for failure to meet milestones specified
elsewhere in the Contract Documents, regardless of impact on the time for achieving Substantial
Completion. The assessment of liquidated damages is not a penalty but considered to be a reasonable
estimate of the amount of damages City will suffer by delay in completion of the Work. The City is entitled
to setoff the amount of liquidated damages assessed against any payments otherwise due to Contractor,
including, but not limited to, setoff against release of retention. If the total amount of liquidated damages
assessed exceeds the amount of unreleased retention, City is entitled to recover the balance from
Contractor or its sureties. Occupancy or use of the Project in whole or in part prior to Substantial
Completion, shall not operate as a waiver of City’s right to assess liquidated damages.
6.4.1 Other Remedies. City is entitled to any and all available legal and equitable remedies City may
have where City’s Losses are caused by any reason other than Contractor’s failure to achieve Substantial
Completion of the entire Work within the Contract Time.
6.5 Adjustments to Contract Time.
The Contract Time may only be adjusted for time extensions approved by City and memorialized in a
Change Order approved in accordance with the requirements of the Contract Documents.
SECTION 7 COMPENSATION TO CONTRACTOR.
7.1 Contract Sum.
Contractor shall be compensated for satisfactory completion of the Work in compliance with the Contract
Documents the Contract Sum of Twenty Million Seven Hundred Eighty Nine Thousand Dollars
($20,789,000).
[This amount includes the Base Bid and Additive Alternates .]
7.2 Full Compensation.
The Contract Sum shall be full compensation to Contractor for all Work provided by Contractor
and, except as otherwise expressly permitted by the terms of the Contract Documents, shall cover all
Losses arising out of the nature of the Work or from the acts of the elements or any unforeseen difficulties
or obstructions which may arise or be encountered in performance of the Work until its Acceptance by
City, all risks connected with the Work, and any and all expenses incurred due to suspension or
discontinuance of the Work, except as expressly provided herein. The Contract Sum may only be adjusted
for Change Orders approved in accordance with the requirements of the Contract Documents.
SECTION 8 STANDARD OF CARE.
8.1 Standard of Care.
Contractor agrees that the Work shall be performed by qualified, experienced and well-supervised
personnel. All services performed in connection with this Construction Contract shall be performed in a
manner consistent with the standard of care under California law applicable to those who specialize in
providing such services for projects of the type, scope and complexity of the Project.
Invitation for Bid (IFB) Package 10 Rev. January 30, 2017
CONSTRUCTION CONTRACT
SECTION 9 INDEMNIFICATION.
9.1 Hold Harmless.
To the fullest extent allowed by law, Contractor will defend, indemnify, and hold harmless City, its City
Council, boards and commissions, officers, agents, employees, representatives, volunteers, the State Water
Resources Control Board, the California Infrastructure and Economic Development Bank, and any trustee,
and their officers, employees, and agents for the bonds issued by the California Infrastructure and
Economic Development Bank for this Project, if any (hereinafter individually referred to as an “Indemnitee”
and collectively referred to as "Indemnitees"), through legal counsel acceptable to City, from and against
any and liability, loss, damage, claims, expenses (including, without limitation, attorney fees, expert
witness fees, paralegal fees, and fees and costs of litigation or arbitration) (collectively, “Liability”) of every
nature arising out of or in connection with the acts or omissions of Contractor, its employees,
Subcontractors, representatives, or agents, in performing the Work or its failure to comply with any of its
obligations under the Contract, except such Liability caused by the active negligence, sole negligence, or
willful misconduct of an Indemnitee. Contractor shall cause the State Water Resources Control Board, the
California Infrastructure and Economic Development Bank, and any trustee, and their officers, employees,
and agents for the bonds issued by the California Infrastructure and Economic Development Bank for this
Project, if any, to be included within the scope of any provision for the indemnification and defense of City
in any subcontract entered into for this Project. Contractor shall pay City for any costs City incurs to
enforce this provision. Except as provided in Section 9.2 below, nothing in the Contract Documents shall
be construed to give rise to any implied right of indemnity in favor of Contractor against City or any other
Indemnitee.
Pursuant to Public Contract Code Section 9201, City shall timely notify Contractor upon receipt of
any third-party claim relating to the Contract.
9.2 Survival.
The provisions of Section 9 shall survive the termination of this Construction Contract.
SECTION 10 NON-DISCRIMINATION.
10.1 Municipal Code Requirement.
As set forth in Palo Alto Municipal Code section 2.30.510, Contractor certifies that in the performance of
this Agreement, it shall not discriminate in the employment of any person because of the race, skin color,
gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status,
familial status, weight or height of such person. Contractor acknowledges that it has read and understands
the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination
Requirements and the penalties for violation thereof, and will comply with all requirements of Section
2.30.510 pertaining to nondiscrimination in employment.
10.2 State Water Resources Control Board Non-Discrimination Requirement.
(a) In compliance with requirements of the State Water Resources Control Board financial assistance
agreement executed by the City on [DATE], during the performance of this Agreement, Contractor
and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any
employee or applicant for employment because of sex, race, color, ancestry, religious creed,
national origin, sexual orientation, physical disability (including HIV and AIDS), mental disability,
medical condition (cancer), age (over 40), marital status, denial of family care leave, or genetic
information, gender, gender identity, gender expression, or military and veteran status.
Invitation for Bid (IFB) Package 11 Rev. January 30, 2017
CONSTRUCTION CONTRACT
(b) Contractor and its subcontractors shall ensure that the evaluation and treatment of their
employees and applicants for employment are free from such discrimination and harassment.
(c) Contractors and its subcontractors shall comply with the provisions of the Fair Employment and
Housing Act and the applicable regulations promulgated thereunder. (Gov. Code, §12990, subds.
(a)-(f) et seq.;Cal. Code Regs., tit. 2, § 7285 et seq.) Such regulations are incorporated into this
Agreement by reference and made a part hereof as if set forth in full.
(d) Contractor and its subcontractors shall give written notice of their obligations under this clause to
labor organizations with which they have a collective bargaining or other agreement.
SECTION 11 INSURANCE AND BONDS.
11.1 Evidence of coverage.
Within ten (10) business days following issuance of the Notice of Award, Contractor shall provide City with
evidence that it has obtained insurance and shall submit Performance and Payment Bonds satisfying all
requirements in Article 11 of the General Conditions.
SECTION 12 PROHIBITION AGAINST TRANSFERS.
12.1 Assignment.
City is entering into this Construction Contract in reliance upon the stated experience and qualifications of
the Contractor and its Subcontractors set forth in Contractor’s Bid. Accordingly, Contractor shall not
assign, hypothecate or transfer this Construction Contract or any interest therein directly or indirectly, by
operation of law or otherwise without the prior written consent of City. Any assignment, hypothecation or
transfer without said consent shall be null and void, and shall be deemed a substantial breach of contract
and grounds for default in addition to any other legal or equitable remedy available to the City.
12.2 Assignment by Law.
The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of
Contractor or of any general partner or joint venturer or syndicate member of Contractor, if the Contractor
is a partnership or joint venture or syndicate or co-tenancy shall result in changing the control of
Contractor, shall be construed as an assignment of this Construction Contract. Control means more than
fifty percent (50%) of the voting power of the corporation or other entity.
SECTION 13 NOTICES.
13.1 Method of Notice.
All notices, demands, requests or approvals to be given under this Construction Contract shall be given in
writing and shall be deemed served on the earlier of the following:
(i) On the date delivered if delivered personally;
(ii) On the third business day after the deposit thereof in the United States mail, postage prepaid, and
addressed as hereinafter provided;
(iii) On the date sent if sent by facsimile transmission;
(iv) On the date sent if delivered by electronic mail; or
(v) On the date it is accepted or rejected if sent by certified mail.
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CONSTRUCTION CONTRACT
13.2 Notice to Recipients.
All notices, demands or requests (including, without limitation, Change Order Requests and Claims) from
Contractor to City shall include the Project name and the number of this Construction Contract and shall be
addressed to City at:
To City: City of Palo Alto
City Clerk
250 Hamilton Avenue
P.O. Box 10250
Palo Alto, CA 94303
Copy to: City of Palo Alto
Public Works, WQCP
2501 Embarcadero Way
Palo Alto, CA 94303
Attn: Padmakar M Chaobal, PE
AND
[Include Construction Manager, If Applicable.]
Construction Manager
Tanner Pacific, Inc.
751 Laurel Street, Suite 609
San Carlos, CA 94070
Attn: Michael K. Jaeger
In addition, copies of all Claims by Contractor under this Construction Contract shall be provided to the
following:
Palo Alto City Attorney’s Office
250 Hamilton Avenue
P.O. Box 10250
Palo Alto, California 94303
All Claims shall be sent by registered mail or certified mail with return receipt requested.
All notices, demands, requests or approvals from City to Contractor shall be addressed
to:
Attention: Larry Etcheverry, VP
C.Overaa & CO
200 Parr Blvd
Richmond, CA 94801
Invitation for Bid (IFB) Package 13 Rev. January 30, 2017
CONSTRUCTION CONTRACT
13.3 Change of Address.
In advance of any change of address, Contractor shall notify City of the change of address in writing. Each
party may, by written notice only, add, delete or replace any individuals to whom and addresses to which
notice shall be provided.
SECTION 14 DEFAULT.
14.1 Notice of Default.
In the event that City determines, in its sole discretion, that Contractor has failed or refused to perform any
of the obligations set forth in the Contract Documents, or is in breach of any provision of the Contract
Documents, City may give written notice of default to Contractor in the manner specified for the giving of
notices in the Construction Contract, with a copy to Contractor’s performance bond surety.
14.2 Opportunity to Cure Default.
Except for emergencies, Contractor shall cure any default in performance of its obligations under the
Contract Documents within two (2) Days (or such shorter time as City may reasonably require) after receipt
of written notice. However, if the breach cannot be reasonably cured within such time, Contractor will
commence to cure the breach within two (2) Days (or such shorter time as City may reasonably require)
and will diligently and continuously prosecute such cure to completion within a reasonable time, which
shall in no event be later than ten (10) Days after receipt of such written notice.
SECTION 15 CITY'S RIGHTS AND REMEDIES.
15.1 Remedies Upon Default.
If Contractor fails to cure any default of this Construction Contract within the time period set forth above
in Section 14, then City may pursue any remedies available under law or equity, including, without
limitation, the following:
15.1.1 Delete Certain Services. City may, without terminating the Construction Contract, delete
certain portions of the Work, reserving to itself all rights to Losses related thereto.
15.1.2 Perform and Withhold. City may, without terminating the Construction Contract, engage
others to perform the Work or portion of the Work that has not been adequately performed by
Contractor and withhold the cost thereof to City from future payments to Contractor, reserving to
itself all rights to Losses related thereto.
15.1.3 Suspend The Construction Contract. City may, without terminating the Construction
Contract and reserving to itself all rights to Losses related thereto, suspend all or any portion of
this Construction Contract for as long a period of time as City determines, in its sole discretion,
appropriate, in which event City shall have no obligation to adjust the Contract Sum or Contract
Time, and shall have no liability to Contractor for damages if City directs Contractor to resume
Work.
15.1.4 Terminate the Construction Contract for Default. City shall have the right to terminate
this Construction Contract, in whole or in part, upon the failure of Contractor to promptly cure
any default as required by Section 14. City’s election to terminate the Construction Contract for
default shall be communicated by giving Contractor a written notice of termination in the manner
specified for the giving of notices in the Construction Contract. Any notice of termination given to
Contractor by City shall be effective immediately, unless otherwise provided therein.
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CONSTRUCTION CONTRACT
15.1.5 Invoke the Performance Bond. City may, with or without terminating the Construction
Contract and reserving to itself all rights to Losses related thereto, exercise its rights under the
Performance Bond.
15.1.6 Additional Provisions. All of City’s rights and remedies under this Construction Contract
are cumulative, and shall be in addition to those rights and remedies available in law or in equity.
Designation in the Contract Documents of certain breaches as material shall not waive the City’s
authority to designate other breaches as material nor limit City’s right to terminate the
Construction Contract, or prevent the City from terminating the Agreement for breaches that are
not material. City’s determination of whether there has been noncompliance with the
Construction Contract so as to warrant exercise by City of its rights and remedies for default under
the Construction Contract, shall be binding on all parties. No termination or action taken by City
after such termination shall prejudice any other rights or remedies of City provided by law or
equity or by the Contract Documents upon such termination; and City may proceed against
Contractor to recover all liquidated damages and Losses suffered by City.
15.2 Delays by Sureties.
Time being of the essence in the performance of the Work, if Contractor’s surety fails to arrange for
completion of the Work in accordance with the Performance Bond, within seven (7) calendar days from the
date of the notice of termination, Contractor’s surety shall be deemed to have waived its right to complete
the Work under the Contract, and City may immediately make arrangements for the completion of the
Work through use of its own forces, by hiring a replacement contractor, or by any other means that City
determines advisable under the circumstances. Contractor and its surety shall be jointly and severally
liable for any additional cost incurred by City to complete the Work following termination. In addition, City
shall have the right to use any materials, supplies, and equipment belonging to Contractor and located at
the Worksite for the purposes of completing the remaining Work.
15.3 Damages to City.
15.3.1 For Contractor's Default. City will be entitled to recovery of all Losses under law or
equity in the event of Contractor’s default under the Contract Documents.
15.3.2 Compensation for Losses. In the event that City's Losses arise from Contractor’s default
under the Contract Documents, City shall be entitled to deduct the cost of such Losses from
monies otherwise payable to Contractor. If the Losses incurred by City exceed the amount
payable, Contractor shall be liable to City for the difference and shall promptly remit same to City.
15.4 Suspension by City
15.4.1 Suspension for Convenience. City may, at any time and from time to time, without
cause, order Contractor, in writing, to suspend, delay, or interrupt the Work in whole or in part for
such period of time, up to an aggregate of fifty percent (50%) of the Contract Time. The order
shall be specifically identified as a Suspension Order by City. Upon receipt of a Suspension Order,
Contractor shall, at City’s expense, comply with the order and take all reasonable steps to
minimize costs allocable to the Work covered by the Suspension Order. During the Suspension or
extension of the Suspension, if any, City shall either cancel the Suspension Order or, by Change
Order, delete the Work covered by the Suspension Order. If a Suspension Order is canceled or
expires, Contractor shall resume and continue with the Work. A Change Order will be issued to
cover any adjustments of the Contract Sum or the Contract Time necessarily caused by such
suspension. A Suspension Order shall not be the exclusive method for City to stop the Work.
Invitation for Bid (IFB) Package 15 Rev. January 30, 2017
CONSTRUCTION CONTRACT
15.4.2 Suspension for Cause. In addition to all other remedies available to City, if Contractor
fails to perform or correct work in accordance with the Contract Documents, City may
immediately order the Work, or any portion thereof, suspended until the cause for the suspension
has been eliminated to City’s satisfaction. Contractor shall not be entitled to an increase in
Contract Time or Contract Price for a suspension occasioned by Contractor’s failure to comply
with the Contract Documents. City’s right to suspend the Work shall not give rise to a duty to
suspend the Work, and City’s failure to suspend the Work shall not constitute a defense to
Contractor’s failure to comply with the requirements of the Contract Documents.
15.5 Termination Without Cause.
City may, at its sole discretion and without cause, terminate this Construction Contract in part or in whole
upon written notice to Contractor. Upon receipt of such notice, Contractor shall, at City’s expense, comply
with the notice and take all reasonable steps to minimize costs to close out and demobilize. The
compensation allowed under this Paragraph 15.5 shall be the Contractor’s sole and exclusive
compensation for such termination and Contractor waives any claim for other compensation or Losses,
including, but not limited to, loss of anticipated profits, loss of revenue, lost opportunity, or other
consequential, direct, indirect or incidental damages of any kind resulting from termination without cause.
Termination pursuant to this provision does not relieve Contractor or its sureties from any of their
obligations for Losses arising from or related to the Work performed by Contractor.
15.5.1 Compensation. Following such termination and within forty-five (45) Days after receipt
of a billing from Contractor seeking payment of sums authorized by this Paragraph 15.5.1, City
shall pay the following to Contractor as Contractor’s sole compensation for performance of the
Work :
.1 For Work Performed. The amount of the Contract Sum allocable to the portion of the
Work properly performed by Contractor as of the date of termination, less sums previously paid to
Contractor.
.2 For Close-out Costs. Reasonable costs of Contractor and its Subcontractors:
(i) Demobilizing and
(ii) Administering the close-out of its participation in the Project (including, without
limitation, all billing and accounting functions, not including attorney or expert fees) for a
period of no longer than thirty (30) Days after receipt of the notice of termination.
.3 For Fabricated Items. Previously unpaid cost of any items delivered to the Project Site
which were fabricated for subsequent incorporation in the Work.
.4 Profit Allowance. An allowance for profit calculated as four percent (4%) of the sum of
the above items, provided Contractor can prove a likelihood that it would have made a profit if
the Construction Contract had not been terminated.
15.5.2 Subcontractors. Contractor shall include provisions in all of its subcontracts, purchase
orders and other contracts permitting termination for convenience by Contractor on terms that
are consistent with this Construction Contract and that afford no greater rights of recovery against
Contractor than are afforded to Contractor against City under this Section.
Invitation for Bid (IFB) Package 16 Rev. January 30, 2017
CONSTRUCTION CONTRACT
15.6 Contractor’s Duties Upon Termination.
Upon receipt of a notice of termination for default or for convenience, Contractor shall, unless the notice
directs otherwise, do the following:
(i) Immediately discontinue the Work to the extent specified in the notice;
(ii) Place no further orders or subcontracts for materials, equipment, services or facilities,
except as may be necessary for completion of such portion of the Work that is not
discontinued;
(iii) Provide to City a description in writing, no later than fifteen (15) days after receipt of the
notice of termination, of all subcontracts, purchase orders and contracts that are
outstanding, including, without limitation, the terms of the original price, any changes,
payments, balance owing, the status of the portion of the Work covered and a copy of
the subcontract, purchase order or contract and any written changes, amendments or
modifications thereto, together with such other information as City may determine
necessary in order to decide whether to accept assignment of or request Contractor to
terminate the subcontract, purchase order or contract;
(iv) Promptly assign to City those subcontracts, purchase orders or contracts, or portions
thereof, that City elects to accept by assignment and cancel, on the most favorable terms
reasonably possible, all subcontracts, purchase orders or contracts, or portions thereof,
that City does not elect to accept by assignment; and
(v) Thereafter do only such Work as may be necessary to preserve and protect Work already
in progress and to protect materials, plants, and equipment on the Project Site or in
transit thereto.
Upon termination, whether for cause or for convenience, the provisions of the Contract
Documents remain in effect as to any Claim, indemnity obligation, warranties, guarantees,
submittals of as-built drawings, instructions, or manuals, or other such rights and obligations
arising prior to the termination date.
SECTION 16 CONTRACTOR'S RIGHTS AND REMEDIES.
16.1 Contractor’s Remedies.
Contractor may terminate this Construction Contract only upon the occurrence of one of the following:
16.1.1 For Work Stoppage. The Work is stopped for sixty (60) consecutive Days, through no act
or fault of Contractor, any Subcontractor, or any employee or agent of Contractor or any
Subcontractor, due to issuance of an order of a court or other public authority other than City
having jurisdiction or due to an act of government, such as a declaration of a national emergency
making material unavailable. This provision shall not apply to any work stoppage resulting from
the City’s issuance of a suspension notice issued either for cause or for convenience.
16.1.2 For City's Non-Payment. If City does not make pay Contractor undisputed sums within
ninety (90) Days after receipt of notice from Contractor, Contractor may terminate the
Construction Contract (30) days following a second notice to City of Contractor’s intention to
terminate the Construction Contract.
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CONSTRUCTION CONTRACT
16.2 Damages to Contractor.
In the event of termination for cause by Contractor, City shall pay Contractor the sums provided for in
Paragraph 15.5.1 above. Contractor agrees to accept such sums as its sole and exclusive compensation
and agrees to waive any claim for other compensation or Losses, including, but not limited to, loss of
anticipated profits, loss of revenue, lost opportunity, or other consequential, direct, indirect and incidental
damages, of any kind.
SECTION 17 ACCOUNTING RECORDS.
17.1 Financial Management and City Access.
Contractor shall keep full and detailed accounts and exercise such controls as may be necessary for proper
financial management under this Construction Contract in accordance with generally accepted accounting
principles and practices. City and City's accountants during normal business hours, may inspect, audit and
copy Contractor's records, books, estimates, take-offs, cost reports, ledgers, schedules, correspondence,
instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data
relating to this Project. Contractor shall retain these documents for a period of three (3) years after the
later of (i) Final Payment or (ii) final resolution of all Contract Disputes and other disputes, or (iii) for such
longer period as may be required by law.
17.2 Compliance with City Requests.
Contractor's compliance with any request by City pursuant to this Section 17 shall be a condition precedent
to filing or maintenance of any legal action or proceeding by Contractor against City and to Contractor's
right to receive further payments under the Contract Documents. City many enforce Contractor’s
obligation to provide access to City of its business and other records referred to in Section 17.1 for
inspection or copying by issuance of a writ or a provisional or permanent mandatory injunction by a court
of competent jurisdiction based on affidavits submitted to such court, without the necessity of oral
testimony.
SECTION 18 INDEPENDENT PARTIES.
18.1 Status of parties.
Each party is acting in its independent capacity and not as agents, employees, partners, or joint ventures’
of the other party. City, its officers or employees shall have no control over the conduct of Contractor or
its respective agents, employees, subconsultants, or subcontractors, except as herein set forth.
SECTION 19 NUISANCE.
19.1 Nuisance Prohibited.
Contractor shall not maintain, commit, nor permit the maintenance or commission of any nuisance in
connection in the performance of services under this Construction Contract.
SECTION 20 PERMITS AND LICENSES.
20.1 Payment of Fees.
Except as otherwise provided in the Special Provisions and Technical Specifications, The Contractor shall
provide, procure and pay for all licenses, permits, and fees, required by the City or other government
jurisdictions or agencies necessary to carry out and complete the Work. Payment of all costs and expenses
for such licenses, permits, and fees shall be included in one or more Bid items. No other compensation
Invitation for Bid (IFB) Package 18 Rev. January 30, 2017
CONSTRUCTION CONTRACT
shall be paid to the Contractor for these items or for delays caused by non-City inspectors or conditions set
forth in the licenses or permits issued by other agencies.
SECTION 21 WAIVER.
21.1 Waiver.
A waiver by either party of any breach of any term, covenant, or condition contained herein shall not be
deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition
contained herein, whether of the same or a different character.
SECTION 22 GOVERNING LAW AND VENUE; COMPLIANCE WITH LAWS.
22.1 Governing Law.
This Construction Contract shall be construed in accordance with and governed by the laws of the State of
California, and venue shall be in a court of competent jurisdiction in the County of Santa Clara, and no
other place.
22.2 Compliance with Laws.
Contractor shall comply with all applicable federal and California laws and city laws, including, without
limitation, ordinances and resolutions, in the performance of work under this Construction Contract.
22.2.1 Palo Alto Minimum Wage Ordinance. Contractor shall comply with all requirements of
the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as it may be amended from
time to time. In particular, for any employee otherwise entitled to the State minimum wage, who
performs at least two (2) hours of work in a calendar week within the geographic boundaries of
the City, Contractor shall pay such employees no less than the minimum wage set forth in Palo
Alto Municipal Code section 4.62.030 for each hour worked within the geographic boundaries of
the City of Palo Alto. In addition, Contractor shall post notices regarding the Palo Alto Minimum
Wage Ordinance in accordance with Palo Alto Municipal Code section 4.62.060.
SECTION 23 COMPLETE AGREEMENT.
23.1 Integration.
This Agreement represents the entire and integrated agreement between the parties and supersedes all
prior negotiations, representations, and contracts, either written or oral. This Agreement may be amended
only by a written instrument, which is signed by the parties.
SECTION 24 SURVIVAL OF CONTRACT.
24.1 Survival of Provisions.
The provisions of the Construction Contract which by their nature survive termination of the Construction
Contract or Final Completion, including, without limitation, all warranties, indemnities, payment
obligations, and City’s right to audit Contractor’s books and records, shall remain in full force and effect
after Final Completion or any termination of the Construction Contract.
Invitation for Bid (IFB) Package 19 Rev. January 30, 2017
CONSTRUCTION CONTRACT
SECTION 25 PREVAILING WAGES.
This Project is not subject to prevailing wages. Contractor is not required to pay prevailing wages in the
performance and implementation of the Project in accordance with SB 7, if the public works contract does
not include a project of $25,000 or less, when the project is for construction work, or the contract does not
include a project of $15,000 or less, when the project is for alteration, demolition, repair, or maintenance
(collectively, ‘improvement’) work.
Or
Contractor is required to pay general prevailing wages as defined in Subchapter 3, Title 8 of the
California Code of Regulations and Section 16000 et seq. and Section 1773.1 of the California Labor Code.
Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has
obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work
in this locality for each craft, classification, or type of worker needed to execute the contract for this
Project from the Director of the Department of Industrial Relations (“DIR”). Copies of these rates may be
obtained at the Purchasing Division’s office of the City of Palo Alto. Contractor shall provide a copy of
prevailing wage rates to any staff or subcontractor hired, and shall pay the adopted prevailing wage rates
as a minimum. Contractor shall comply with the provisions of all sections, including, but not limited to,
Sections 1775, 1776, 1777.5, 1782, 1810, and 1813, of the Labor Code pertaining to prevailing wages.
SECTION 26 NON-APPROPRIATION.
26.1 Appropriations.
This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto
Municipal Code. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the
event that the City does not appropriate funds for the following fiscal year for this event, or (b) at any time
within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds
for this Construction Contract are no longer available. This section shall take precedence in the event of a
conflict with any other covenant, term, condition, or provision of this Agreement.
SECTION 27 AUTHORITY.
27.1 Representation of Parties.
The individuals executing this Agreement represent and warrant that they have the legal capacity and
authority to do so on behalf of their respective legal entities.
SECTION 28 COUNTERPARTS
28.1 Multiple Counterparts.
This Agreement may be signed in multiple counterparts, which shall, when executed by all the parties,
constitute a single binding agreement.
SECTION 29 SEVERABILITY.
29.1 Severability.
In case a provision of this Construction Contract is held to be invalid, illegal or unenforceable, the validity,
legality and enforceability of the remaining provisions shall not be affected.
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CONSTRUCTION CONTRACT
SECTION 30 STATUTORY AND REGULATORY REFERENCES.
30.1 Amendments to Laws.
With respect to any amendments to any statutes or regulations referenced in these Contract Documents,
the reference is deemed to be the version in effect on the date that the Contract was awarded by City,
unless otherwise required by law.
SECTION 31 WORKERS’ COMPENSATION CERTIFICATION.
31.1 Workers Compensation.
Pursuant to Labor Code Section 1861, by signing this Contract, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be
insured against liability for workers’ compensation or to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such provisions before commencing the performance of the
Work on this Contract.”
SECTION 32 DIR REGISTRATION AND OTHER SB 854 REQUIREMENTS.
32.1 General Notice to Contractor.
City requires Contractor and its listed subcontractors to comply with the requirements of SB 854.
32.2 Labor Code section 1771.1(a)
City provides notice to Contractor of the requirements of California Labor Code section 1771.1(a), which
reads:
“A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the
requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract
for public work, as defined in this chapter, unless currently registered and qualified to perform public work
pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a
bid that is authorized by Section 7029.1 of the Business and Professions Code or Section 10164 or 20103.5
of the Public Contract Code, provided the contactor is registered to perform public work pursuant to
Section 1725.5 at the time the contract is awarded.”
32.3 DIR Registration Required.
City will not accept a bid proposal from or enter into this Construction Contract with Contractor without
proof that Contractor and its listed subcontractors are registered with the California Department of
Industrial Relations (“DIR”) to perform public work, subject to limited exceptions.
32.4 Posting of Job Site Notices.
City gives notice to Contractor and its listed subcontractors that Contractor is required to post all job site
notices prescribed by law or regulation and Contractor is subject to SB 854-compliance monitoring and
enforcement by DIR.
32.5 Payroll Records.
City requires Contractor and its listed subcontractors to comply with the requirements of Labor Code
section 1776, including:
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(i) Keep accurate payroll records, showing the name, address, social security
number, work classification, straight time and overtime hours worked each day
and week, and the actual per diem wages paid to each journeyman, apprentice,
worker, or other employee employed by, respectively, Contractor and its listed
subcontractors, in connection with the Project.
(ii) The payroll records shall be verified as true and correct and shall be certified
and made available for inspection at all reasonable hours at the principal office
of Contractor and its listed subcontractors, respectively.
(iii) At the request of City, acting by its project manager, Contractor and its listed
subcontractors shall make the certified payroll records available for inspection
or furnished upon request to the project manager within ten (10) days of receipt
of City’s request.
City requests Contractor and its listed subcontractors to submit the certified
payroll records to the project manager at the end of each week during the
Project.
(iv) If the certified payroll records are not produced to the project manager within
the 10-day period, then Contractor and its listed subcontractors shall be subject
to a penalty of one hundred dollars ($100.00) per calendar day, or portion
thereof, for each worker, and City shall withhold the sum total of penalties from
the progress payment(s) then due and payable to Contractor. This provision
supplements the provisions of Section 15 hereof.
(v) Inform the project manager of the location of contractor’s and its listed
subcontractors’ payroll records (street address, city and county) at the
commencement of the Project, and also provide notice to the project manager
within five (5) business days of any change of location of those payroll records.
SECTION 33 COMPLIANCE WITH CALIFORNIA STATE WATER RESOURCE CONTROL BOARD (SWRCB) CLEAN
WATER STATE REVOLVING FUND (CWSRF) PROGRAM
33.1 CWSRF Requirements
City requires Contractor to comply with the CWSRF requirements in Exhibit A.
33.2 Department of Labor Wage Determination (as of February 14, 2017)
City requires Contractor to comply with the Davis Bacon Act. The Department of Labor Wage
Determination as of February 14, 2017 are included at Exhibit B.
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IN WITNESS WHEREOF, the parties have caused this Construction Contract to be executed the
date and year first above written.
CITY OF PALO ALTO
____________________________
Purchasing Manager
City Manager
APPROVED AS TO FORM:
____________________________
City Attorney or designee
APPROVED:
____________________________
Public Works Director
CONTRACTOR
Officer 1
By:___________________________
Name:________________________
Title:__________________________
Date: _________________________
Officer 2
By:___________________________
Name:________________________
Title:__________________________
Date: _________________________
23
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CITY OF PALO ALTO EXHIBIT A CLEAN WATER STATE REVOLVING FUND REQUIREMENTS
1. COMPLIANCE WITH CALIFORNIA STATE WATER RESOURCES CONTROL BOARD (“SWRCB”) CLEAN WATER STATE REVOLVING FUND PROGRAMS
(“CWSRF”) LOAN PROGRAM:
CONTRACTOR shall comply with the requirements of the CWSRF loan program: A. Davis-Bacon Act Compliance: The project is eligible for federal funding;
therefore it will comply, as applicable, with the provisions of the Davis-Bacon
Act (40 U.S.C. ϶϶276a to 276a-7), the Copeland Act (40 U.S.C. ϶276c and 18
U.S.C. ϶϶874) and the Contract Work Hours and Safety Standards Act (40 U.S.C.
϶϶ 327-333), regarding labor standards for federally assisted construction sub agreements set forth below.
Contractor shall insert in full in any subcontract in excess of $2,000 which is
entered into for the actual construction, alteration and/or repair, including painting
and decorating, of a treatment work under the CWSRF or a construction project
under the DWSRF financed in whole or in part from Federal funds or in accordance with guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal Agency to make a loan, grant or annual
contribution (except where a different meaning is expressly indicated), and which
is subject to the labor standards provisions of any of the acts listed in § 5.1 or the
FY 2014 Consolidated Appropriations Act, the following clauses:
(1) Minimum wages.
(i) All laborers and mechanics employed or working upon the site of the
work will be paid unconditionally and not less often than once a week, and
without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of
wages and bona fide fringe benefits (or cash equivalents thereof) due at
time of payment computed at rates not less than those contained in the
wage determination of the Secretary of Labor which is attached hereto and
made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and
mechanics. Contributions made or costs reasonably anticipated for bona
fide fringe benefits under section 1(b) (2) of the Davis- Bacon Act on
behalf of laborers or mechanics are considered wages paid to such laborers
or mechanics, subject to the provisions of paragraph (A) (1) (iv) of this
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section; also, regular contributions made or costs incurred for more than a
weekly period (but not less often than quarterly) under plans, funds, or
programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers
and mechanics shall be paid the appropriate wage rate and fringe benefits
on the wage determination for the classification of work actually
performed, without regard to skill, except as provided in § 5.5(a)(4).
Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the
time actually worked therein: Provided that the employer's payroll records
accurately set forth the time spent in each classification in which work is
performed. The wage determination (including any additional
classification and wage rates conformed under paragraph (A)(1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all
times by the contractor and its subcontractors at the site of the work in a
prominent and accessible place where it can be easily seen by the workers.
Recipients may obtain wage determinations from the U.S. Department of Labor’s web site, www.dol.gov.
(ii)(A) CITY, on behalf of EPA, shall require that any class of laborers or
mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The State award
official shall approve an additional classification and wage rate and fringe
benefits therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction
industry; and (3) The proposed wage rate, including any bona fide fringe benefits,
bears a reasonable relationship to the wage rates contained in the wage
determination.
(B) If CONTRACTOR and the laborers and mechanics to be employed in the classification (if known), or their representatives, and CITY agree
on the classification and wage rate (including the amount designated for
fringe benefits where appropriate), documentation of the action taken
and the request, including the local wage determination shall be sent by the CITY to the State award official. The State award official will transmit the request, to the Administrator of the Wage and Hour
Division, Employment Standards Administration, U.S. Department of
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Labor, Washington, DC 20210 and to the EPA DB Regional
Coordinator concurrently. The Administrator, or an authorized
representative, will approve, modify, or disapprove every additional classification request within 30 days of receipt and so advise the State
award official or will notify the State award official within the 30-day
period that additional time is necessary.
(C) In the event the CONTRACTOR, the laborers or mechanics to be employed in the classification or their representatives, and the CITY do
not agree on the proposed classification and wage rate (including the
amount designated for fringe benefits, where appropriate), the award
official shall refer the request and the local wage determination,
including the views of all interested parties and the recommendation of the State award official, to the Administrator for determination. The
request shall be sent to the EPA DB Regional Coordinator concurrently.
The Administrator, or an authorized representative, will issue a
determination within 30 days of receipt of the request and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate)
determined pursuant to paragraphs (A)(1)(ii)(B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the
classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, CONTRACTOR shall either pay the benefit
as stated in the wage determination or shall pay another bona fide fringe
benefit or an hourly cash equivalent thereof.
(iv) If CONTRACTOR does not make payments to a trustee or other third person, CONTRACTOR may consider as part of the wages of any
laborer or mechanic the amount of any costs reasonably anticipated in
providing bona fide fringe benefits under a plan or program, provided, that
the Secretary of Labor has found, upon the written request of CONTRACTOR, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require CONTRACTOR to
set aside in a separate account assets for the meeting of obligations under
the plan or program.
(2) Withholding. CITY, shall upon written request of the EPA Award Official or an authorized representative of the Department of Labor, withhold or
cause to be withheld from the CONTRACTOR under this contract or any
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other Federal contract with the same prime contractor, or any other
federally-assisted contract subject to Davis-Bacon prevailing wage
requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay
laborers and mechanics, including apprentices, trainees, and helpers,
employed by CONTRACTOR or any subcontractor the full amount of
wages required by the contract. In the event of failure to pay any laborer
or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the
contract, the EPA may, after written notice to CONTRACTOR, sponsor,
applicant, or owner, take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of funds until
such violations have ceased.
(3) Payrolls and basic records.
(i) Payrolls and basic records relating thereto shall be maintained by CONTRACTOR during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site
of the work. Such records shall contain the name, address, and social
security number of each such worker, his or her correct classification,
hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b) (2)(B) of the Davis-Bacon Act), daily and
weekly number of hours worked, deductions made and actual wages paid.
Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)
that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, CONTRACTOR
shall maintain records which show that the commitment to provide such
benefits is enforceable, that the plan or program is financially responsible,
and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits.
Contractors employing apprentices or trainees under approved programs
shall maintain written evidence of the registration of apprenticeship
programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.
(ii)(A) CONTRACTOR shall submit weekly, for each week in which any
contract work is performed, a copy of all payrolls to CITY, that is, the entity that receives the sub-grant or loan from the State capitalization grant recipient. Such documentation shall be available on request of the State
recipient or EPA. As to each payroll copy received, CITY shall provide
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written confirmation in a form satisfactory to the State indicating whether
or not the project is in compliance with the requirements of 29 CFR
5.5(a)(1) based on the most recent payroll copies for the specified week. The payrolls shall set out accurately and completely all of the information
required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social
security numbers and home addresses shall not be included on the weekly
payrolls. Instead the payrolls shall only need to include an individually
identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll
information may be submitted in any form desired. Optional Form W H-
347 is available for this purpose from the W age and Hour Division Web
site at http://www.dol.gov/whd/forms/wh347instr.htm or its successor site.
The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall
maintain the full social security number and current address of each
covered worker, and shall provide them upon request to CITY for
transmission to the State or EPA if requested by EPA, the State, CONTRACTOR, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with
prevailing wage requirements. It is not a violation of this section for a
prime contractor to require a subcontractor to provide addresses and social
security numbers to the prime contractor for its own records, without weekly submission to CITY.
(B) Each payroll submitted shall be accompanied by a “Statement of
Compliance,” signed by CONTRACTOR or subcontractor or his or her
agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information
required to be provided under § 5.5 (a) (3)(ii) of Regulations, 29 CFR
part 5, the appropriate information is being maintained under § 5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice,
and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or
indirectly from the full wages earned, other than permissible deductions
as set forth in Regulations, 29 CFR part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the
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classification of work performed, as specified in the applicable wage
determination incorporated into the contract.
(C) The weekly submission of a properly executed certification set
forth on the reverse side of Optional Form W H-347 shall satisfy the
requirement for submission of the “Statement of Compliance” required
by paragraph (A)(3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject
CONTRACTOR or subcontractor to civil or criminal prosecution under
section 1001 of title 18 and section 231 of title 31 of the United States
Code.
(iii) CONTRACTOR or subcontractor shall make the records required
under paragraph (A)(3)(i) of this section available for inspection, copying,
or transcription by authorized representatives of the State, EPA or the
Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If CONTRACTOR or subcontractor fails to submit the required records or to make them
available, the Federal agency or State may, after written notice to
CONTRACTOR, sponsor, applicant, or owner, take such action as may be
necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for
debarment action pursuant to 29 CFR 5.12.
(4) Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are employed
pursuant to and individually registered in a bona fide apprenticeship
program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by
the Office, or if a person is employed in his or her first 90 days of
probationary employment as an apprentice in such an apprenticeship
program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to
be eligible for probationary employment as an apprentice. The allowable
ratio of apprentices to journeymen on the job site in any craft classification
shall not be greater than the ratio permitted to CONTRACTOR as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise
employed as stated above, shall be paid not less than the applicable wage
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rate on the wage determination for the classification of work actually
performed. In addition, any apprentice performing work on the job site in
excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work
actually performed. W here a contractor is performing construction on a
project in a locality other than that in which its program is registered, the
ratios and wage rates (expressed in percentages of the journeyman's hourly
rate) specified in the CONTRACTOR’s or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than
the rate specified in the registered program for the apprentice's level of
progress, expressed as a percentage of the journeymen hourly rate
specified in the applicable wage determination. Apprentices shall be paid
fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits,
apprentices must be paid the full amount of fringe benefits listed on the
wage determination for the applicable classification. If the Administrator
determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor
Services, or a State Apprenticeship Agency recognized by the Office,
withdraws approval of an apprenticeship program, the CONTRACTOR
will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be
permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by
formal certification by the U.S. Department of Labor, Employment and
Training Administration. The ratio of trainees to journeymen on the job
site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's
level of progress, expressed as a percentage of the journeyman hourly rate
specified in the applicable wage determination. Trainees shall be paid
fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless
the Administrator of the Wage and Hour Division determines that there is
an apprenticeship program associated with the corresponding journeyman
wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan
approved by the Employment and Training Administration shall be paid
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not less than the applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any trainee
performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on
the wage determination for the work actually performed. In the event the
Employment and Training Administration withdraws approval of a
training program, CONTRACTOR will no longer be permitted to utilize
trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(iii) Equal employment opportunity. The utilization of apprentices,
trainees and journeymen under this part shall be in conformity with the
equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.
(5) Compliance with Copeland Act Requirements. CONTRACTOR shall
comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract.
(6) Subcontracts. CONTRACTOR shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the
EPA determines may by appropriate, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The
prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5.
(7) Contract Termination: Debarment. A breach of the contract clauses in 29
CFR 5.5 may be grounds for termination of the contract, and for
debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
(8) Compliance with Davis-Bacon and Related Act Requirements. All rulings
and interpretations of the Davis-Bacon and Related Acts contained in 29
CFR parts 1, 3, and 5 are herein incorporated by reference in this contract.
(9) Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general
disputes clause of this contract. Such disputes shall be resolved in
accordance with the procedures of the Department of Labor set forth in 29
CFR parts 5, 6, and 7. Disputes within the meaning of this clause include
disputes between CONTRACTOR (or any of its subcontractors) and CITY, State, EPA, the U.S. Department of Labor, or the employees or
their representatives.
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(10) Certification of Eligibility.
(i) By entering into this Agreement, CONTRACTOR certifies that neither it (nor he or she) nor any person or firm who has an interest in
CONTRACTOR's firm is a person or firm ineligible to be awarded
Government contracts by virtue of section 3(a) of the Davis-Bacon Act or
29 CFR 5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or
firm ineligible for award of a Government contract by virtue of section
3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
(11) Contract Work Hours and Safety Standards Act. As used in this paragraph,
the terms laborers and mechanics include watchmen and guards. (i) Overtime requirements. As used in this paragraph, the terms
laborers and mechanics include watchmen and guards. No contractor or
subcontractor contracting for any part of the contract work which may
require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such
workweek unless such laborer or mechanic receives compensation at a rate
not less than one and one-half times the basic rate of pay for all hours
worked in excess of forty hours in such workweek. (ii) Violation; liability for unpaid wages; liquidated damages. In the
event of any violation of the clause set forth in paragraph (11)(i) of this
section CONTRACTOR and any subcontractor responsible therefore shall
be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District
or to such territory), for liquidated damages. Such liquidated damages
shall be computed with respect to each individual laborer or mechanic,
including watchmen and guards, employed in violation of the clause set forth in paragraph (11)(i) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work
in excess of the standard workweek of forty hours without payment of the
overtime wages required by the clause set forth in paragraph (11)(i) of this
section.
(iii) Withholding for unpaid wages and liquidated damages. CITY,
upon written request of the EPA Award Official or an authorized
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representative of the Department of Labor, shall withhold or cause to be
withheld, from any moneys payable on account of work performed by
CONTRACTOR or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-
assisted contract subject to the Contract Work Hours and Safety Standards
Act, which is held by the same prime contractor, such sums as may be
determined to be necessary to satisfy any liabilities of such contractor or
subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section.
(iv) Subcontracts. CONTRACTOR shall insert in any subcontracts the
clauses set forth in paragraph (11)(i) through (iv) of this section and also a
clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance
by any subcontractor or lower tier subcontractor with the clauses set forth
in paragraphs (11)(i) through (iv) of this section.
(12) CITY shall periodically interview a sufficient number of employees entitled to DB prevailing wages (covered employees) to verify that
contractors or subcontractors are paying the appropriate wage rates. As
provided in 29 CFR 5.6(a)(6), all interviews must be conducted in
confidence. The Recipient must use Standard Form 1445 (SF 1445) or equivalent documentation to memorialize the interviews. Copies of the SF 1445 are available from EPA on request.
B. American Iron and Steel Compliance. CONTRACTOR acknowledges to and for
the benefit of the City that it understands the goods and services under this
Agreement are being funded with monies made available by the CWSRF that have statutory requirements commonly known as “American Iron and Steel;” that
requires all of the iron and steel products used in the Project to be produced in the
United States (“American Iron and Steel Requirement”) including iron and steel
products provided by CONTRACTOR pursuant to this Agreement.
CONTRACTOR hereby represents and warrants to and for the benefit of CITY and the State that:
(1) CONTRACTOR has reviewed and understands the American Iron and
Steel Requirement;
(2) All of the iron and steel products used in the Project will be and/or have
been produced in the United States in a manner that complies with the
American Iron and Steel Requirement, unless a waiver of the requirement is approved; and
(3) CONTRACTOR will provide any further verified information,
certification or assurance of compliance with this paragraph, or
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information necessary to support a waiver of the American Iron and Steel
Requirement, as may be requested by CITY or the State.
Notwithstanding any other provision of this Agreement, any failure to comply
with this paragraph by CONTRACTOR shall permit CITY to recover as damages
against CONTRACTOR any loss, expense, or cost (including without limitation
attorney’s fees) incurred by CITY or the State resulting from any such failure
(including without limitation any impairment or loss of funding, whether in whole or in part, from the State or any damages owed to the State by CITY).
While CONTRACTOR has no direct contractual privity with the State, as a lender
to CITY for the funding of its project, CITY and CONTRACTOR agree that the
State is a third-party beneficiary and neither this paragraph (nor any other provision of this Agreement necessary to give this paragraph force or effect) shall
be amended or waived without the prior written consent of the State.
34
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Exhibit B
Department of Labor Wage Determination
Available as of February 14, 2017 and issued
as Addenda #5 within 10 days of Bid Opening
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General Decision Number: CA170029 01/27/2017 CA29
Superseded General Decision Number: CA20160029
State: California
Construction Types: Building, Heavy (Heavy and Dredging) and
Highway
Counties: Alameda, Calaveras, Contra Costa, Fresno, Kings,
Madera, Mariposa, Merced, Monterey, San Benito, San Francisco,
San Joaquin, San Mateo, Santa Clara, Santa Cruz, Stanislaus and
Tuolumne Counties in California.
BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not
include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does
not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS
Note: Under Executive Order (EO) 13658, an hourly minimum wage
of $10.20 for calendar year 2017 applies to all contracts
subject to the Davis-Bacon Act for which the contract is
awarded (and any solicitation was issued) on or after January
1, 2015. If this contract is covered by the EO, the contractor
must pay all workers in any classification listed on this wage
determination at least $10.20 (or the applicable wage rate
listed on this wage determination, if it is higher) for all
hours spent performing on the contract in calendar year 2017.
The EO minimum wage rate will be adjusted annually. Additional
information on contractor requirements and worker protections
under the EO is available at www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/06/2017
1 01/20/2017
2 01/27/2017
ASBE0016-004 01/01/2015
AREA 1: CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED,
MONTEREY, SAN BENITO, SAN JOAQUIN, SANTA CRUZ, STANISLAUS &
TOULMNE COUNTIES
AREA 2: ALAMEDA, CONTRA COSTA, SAN FRANSICO, SAN MATEO & SANTA
CLARA COUNTIES
Rates Fringes
Asbestos Removal
worker/hazardous material
handler (Includes
preparation, wetting,
Invitation for Bid (IFB) Package 36 Rev. January 30, 2017
CONSTRUCTION CONTRACT
stripping, removal,
scrapping, vacuuming, bagging
and disposing of all
insulation materials from
mechanical systems, whether
they contain asbestos or not)
Area 1......................$ 28.30 7.75
Area 2......................$ 32.38 7.75
----------------------------------------------------------------
ASBE0016-008 08/01/2016
AREA 1: ALAMEDA, CONTRA COSTA, MONTEREY, SAN BENITO, SAN
FRANSICO, SAN MATEO, SANTA CLARA, & SANTA CRUZ
AREA 2: CALAVERAS, COLUSA, FRESNO, KINGS, MADERA, MARIPOSA,
MERCED, SAN JOAQUIN, STANISLAU, & TUOLUMNE
Rates Fringes
Asbestos Workers/Insulator
(Includes the application of
all insulating materials,
Protective Coverings,
Coatings, and Finishes to all
types of mechanical systems)
Area 1......................$ 62.36 23.10
Area 2......................$ 46.96 23.10
----------------------------------------------------------------
BOIL0549-001 01/01/2013
AREA 1: ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO & SANTA
CLARA COUNTIES
AREA 2: REMAINING COUNTIES
Rates Fringes
BOILERMAKER
Area 1......................$ 42.06 33.43
Area 2......................$ 38.37 31.32
----------------------------------------------------------------
BRCA0003-001 08/01/2016
Rates Fringes
MARBLE FINISHER..................$ 31.17 14.94
----------------------------------------------------------------
BRCA0003-003 08/01/2016
Rates Fringes
MARBLE MASON.....................$ 41.77 26.36
----------------------------------------------------------------
Invitation for Bid (IFB) Package 37 Rev. January 30, 2017
CONSTRUCTION CONTRACT
BRCA0003-005 05/01/2016
Rates Fringes
BRICKLAYER
( 1) Fresno, Kings,
Madera, Mariposa, Merced....$ 37.04 21.13
( 7) San Francisco, San
Mateo.......................$ 40.89 25.78
( 8) Alameda, Contra
Costa, San Benito, Santa
Clara.......................$ 42.70 21.67
( 9) Calaveras, San
Joaquin, Stanislaus,
Toulumne....................$ 38.21 20.71
(16) Monterey, Santa Cruz...$ 39.51 23.49
----------------------------------------------------------------
BRCA0003-008 07/01/2016
Rates Fringes
TERRAZZO FINISHER................$ 34.43 16.58
TERRAZZO WORKER/SETTER...........$ 42.41 26.31
----------------------------------------------------------------
BRCA0003-011 10/01/2016
AREA 1: Alameda, Contra Costa, Monterey, San Benito, San
Francisco, San Mateo, Santa Clara, Santa Cruz
AREA 2: Calaveras, San Joaquin, Stanislaus, Tuolumne
AREA 3: Fresno, Kings, Madera, Mariposa, Merced
Rates Fringes
TILE FINISHER
Area 1......................$ 25.46 14.54
Area 2......................$ 23.31 12.90
Area 3......................$ 23.88 13.68
Tile Layer
Area 1......................$ 43.90 16.29
Area 2......................$ 37.71 14.19
Area 3......................$ 34.40 15.59
----------------------------------------------------------------
CARP0022-001 07/01/2016
San Francisco County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 44.40 28.20
Hardwood Floorlayer,
Invitation for Bid (IFB) Package 38 Rev. January 30, 2017
CONSTRUCTION CONTRACT
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 44.55 28.20
Journeyman Carpenter........$ 44.40 28.20
Millwright..................$ 44.50 29.79
----------------------------------------------------------------
CARP0034-001 07/01/2016
Rates Fringes
Diver
Assistant Tender, ROV
Tender/Technician...........$ 43.65 31.40
Diver standby...............$ 48.61 31.40
Diver Tender................$ 47.82 31.40
Diver wet...................$ 93.17 31.40
Manifold Operator (mixed
gas)........................$ 52.82 31.40
Manifold Operator (Standby).$ 47.82 31.40
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:
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
$1.00 per foot.
WORK IN COMBINATION OF CLASSIFICATIONS:
Employees working in any combination of classifications
within the diving crew (except dive supervisor) in a shift
are paid in the classification with the highest rate for
that shift.
----------------------------------------------------------------
CARP0034-003 07/01/2014
Rates Fringes
Piledriver.......................$ 40.60 30.73
----------------------------------------------------------------
Invitation for Bid (IFB) Package 39 Rev. January 30, 2017
CONSTRUCTION CONTRACT
CARP0035-007 07/01/2016
AREA 1: Alameda, Contra Costa, San Francisco, San Mateo, Santa
Clara counties
AREA 2: Monterey, San Benito, Santa Cruz Counties
AREA 3: Calaveras, Fresno, Kings, Madera, Mariposa, Merced, San
Joaquin, Stanislaus, Tuolumne Counties
Rates Fringes
Modular Furniture Installer
Area 1
Installer I................$ 24.91 19.62
Installer II...............$ 21.48 19.63
Lead Installer.............$ 28.36 20.13
Master Installer...........$ 32.58 19.63
Area 2
Installer I................$ 22.26 19.63
Installer II...............$ 19.31 19.63
Lead Installer.............$ 25.23 20.13
Master Installer...........$ 28.86 20.13
Area 3
Installer I................$ 21.31 19.63
Installer II...............$ 18.54 19.63
Lead Installer.............$ 24.11 20.13
Master Installer...........$ 31.13 20.13
----------------------------------------------------------------
CARP0035-008 08/01/2016
AREA 1: Alameda, Contra Costa, San Francisco, San Mateo, Santa
Clara counties
AREA 2: Monterey, San Benito, Santa Cruz Counties
AREA 3: San Joaquin
AREA 4: Calaveras, Fresno, Kings, Madera, Mariposa, Merced,
Stanislaus, Tuolumne Counties
Rates Fringes
Drywall Installers/Lathers:
Area 1......................$ 44.40 28.64
Area 2......................$ 38.52 28.64
Area 3......................$ 39.02 28.64
Area 4......................$ 37.67 28.64
Drywall Stocker/Scrapper
Area 1......................$ 22.20 16.57
Area 2......................$ 19.26 16.57
Area 3......................$ 19.51 16.57
Area 4......................$ 18.84 16.57
Invitation for Bid (IFB) Package 40 Rev. January 30, 2017
CONSTRUCTION CONTRACT
----------------------------------------------------------------
CARP0152-001 07/01/2016
Contra Costa County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 44.40 28.20
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 44.55 28.20
Journeyman Carpenter........$ 44.40 28.20
Millwright..................$ 44.50 29.79
----------------------------------------------------------------
CARP0152-002 07/01/2016
San Joaquin County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 44.40 28.20
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 38.67 28.20
Journeyman Carpenter........$ 38.52 28.20
Millwright..................$ 41.02 29.79
----------------------------------------------------------------
CARP0152-004 07/01/2016
Calaveras, Mariposa, Merced, Stanislaus and Tuolumne Counties
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 44.40 28.20
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 37.32 28.20
Journeyman Carpenter........$ 37.17 28.20
Millwright..................$ 39.67 29.79
----------------------------------------------------------------
CARP0217-001 07/01/2016
San Mateo County
Invitation for Bid (IFB) Package 41 Rev. January 30, 2017
CONSTRUCTION CONTRACT
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 44.40 28.20
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 44.55 28.20
Journeyman Carpenter........$ 44.40 28.20
Millwright..................$ 44.50 29.79
----------------------------------------------------------------
CARP0405-001 07/01/2016
Santa Clara County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 44.40 28.20
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 44.55 28.20
Journeyman Carpenter........$ 44.40 28.20
Millwright..................$ 44.50 29.79
----------------------------------------------------------------
CARP0405-002 07/01/2016
San Benito County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 44.40 28.20
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 38.58 28.20
Journeyman Carpenter........$ 38.52 28.20
Millwright..................$ 41.02 29.79
----------------------------------------------------------------
CARP0505-001 07/01/2016
Santa Cruz County
Rates Fringes
Carpenters
Invitation for Bid (IFB) Package 42 Rev. January 30, 2017
CONSTRUCTION CONTRACT
Bridge Builder/Highway
Carpenter...................$ 44.40 28.20
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 38.67 28.20
Journeyman Carpenter........$ 38.52 28.20
Millwright..................$ 41.02 29.79
----------------------------------------------------------------
CARP0605-001 07/01/2016
Monterey County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 44.40 28.20
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 38.67 28.20
Journeyman Carpenter........$ 38.52 28.20
Millwright..................$ 41.02 29.79
----------------------------------------------------------------
CARP0701-001 07/01/2016
Fresno and Madera Counties
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 44.40 28.20
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 37.32 28.20
Journeyman Carpenter........$ 37.17 28.20
Millwright..................$ 39.67 29.79
----------------------------------------------------------------
CARP0713-001 07/01/2016
Alameda County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 44.40 28.20
Hardwood Floorlayer,
Shingler, Power Saw
Invitation for Bid (IFB) Package 43 Rev. January 30, 2017
CONSTRUCTION CONTRACT
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 44.55 28.20
Journeyman Carpenter........$ 44.40 28.20
Millwright..................$ 44.50 29.79
----------------------------------------------------------------
CARP1109-001 07/01/2016
Kings County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 44.40 28.20
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 37.32 28.20
Journeyman Carpenter........$ 37.17 28.20
Millwright..................$ 39.67 29.79
----------------------------------------------------------------
ELEC0006-004 12/01/2016
SAN FRANCISCO COUNTY
Rates Fringes
Sound & Communications
Installer...................$ 35.57 3%+18.05
Technician..................$ 40.50 3%+18.05
SCOPE OF WORK: Including any data system whose only function
is to transmit or receive information; excluding all other
data systems or multiple systems which include control
function or power supply; inclusion or exclusion of
terminations and testings of conductors determined by
their function; excluding fire alarm work when installed
in raceways (including wire and cable pulling) and when
performed on new or major remodel building projects or
jobs for which the conductors for the fire alarm system are
installed in conduit; excluding installation of raceway
systems, line voltage work, industrial work, life-safety
systems (all buildings having floors located more than 75'
above the lowest floor level having building access);
excluding energy management systems.
FOOTNOTE: Fire alarm work when installed in raceways
(including wire and cable pulling), on projects which
involve new or major remodel building construction, for
which the conductors for the fire alarm system are
installed in the conduit, shall be performed by the inside
electrician.
Invitation for Bid (IFB) Package 44 Rev. January 30, 2017
CONSTRUCTION CONTRACT
----------------------------------------------------------------
ELEC0006-007 06/01/2016
SAN FRANCISCO COUNTY
Rates Fringes
ELECTRICIAN......................$ 64.00 30.38
----------------------------------------------------------------
ELEC0100-002 07/01/2016
FRESNO, KINGS, AND MADERA COUNTIES
Rates Fringes
ELECTRICIAN......................$ 36.00 20.63
----------------------------------------------------------------
ELEC0100-005 12/01/2016
FRESNO, KINGS, MADERA
Rates Fringes
Communications System
Installer...................$ 30.64 3%+17.86
Technician..................$ 34.89 3%+17.86
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
Invitation for Bid (IFB) Package 45 Rev. January 30, 2017
CONSTRUCTION CONTRACT
sensor systems Card access systems Access control systems,
Sonar/infrared monitoring equipment
E. COMMUNICATIONS SYSTEMS THAT TRANSMIT OR RECEIVE
INFORMATION AND/OR CONTROL SYSTEMS THAT ARE INTRINSIC TO
THE ABOVE LISTED SYSTEMS SCADA (Supervisory Control and
Data Acquisition) PCM (Pulse Code Modulation) Inventory
Control Systems, Digital Data Systems Broadband and
Baseband and Carriers Point of Sale Systems, VSAT Data
Systems Data Communication Systems RF and Remote Control
Systems, Fiber Optic Data Systems
WORK EXCLUDED Raceway systems are not covered (excluding
Ladder-Rack for the purpose of the above listed systems).
Chases and/or nipples (not to exceed 10 feet) may be
installed on open wiring systems. Energy management
systems. SCADA (Supervisory Control and Data Acquisition)
when not intrinsic to the above listed systems (in the
scope). Fire alarm systems when installed in raceways
(including wire and cable pulling) shall be performed at
the electrician wage rate, when either of the following two
(2) conditions apply:
1. The project involves new or major remodel building trades
construction.
2. The conductors for the fire alarm system are installed in
conduit.
----------------------------------------------------------------
ELEC0234-001 12/25/2016
MONTEREY, SAN BENITO AND SANTA CRUZ COUNTIES
Rates Fringes
ELECTRICIAN
Zone A......................$ 44.65 24.44
Zone B......................$ 49.12 24.57
Zone A: All of Santa Cruz, Monterey, and San Benito Counties
within 25 air miles of Highway 1 and Dolan Road in Moss
Landing, and an area extending 5 miles east and west of
Highway 101 South to the San Luis Obispo County Line
Zone B: Any area outside of Zone A
----------------------------------------------------------------
ELEC0234-003 12/01/2015
MONTEREY, SAN BENITO, AND SANTA CRUZ COUNTIES
Rates Fringes
Sound & Communications
Installer...................$ 34.32 17.33
Technician..................$ 37.94 16.30
Invitation for Bid (IFB) Package 46 Rev. January 30, 2017
CONSTRUCTION CONTRACT
SCOPE OF WORK: Including any data system whose only function
is to transmit or receive information; excluding all other
data systems or multiple systems which include control
function or power supply; inclusion or exclusion of
terminations and testings of conductors determined by
their function; excluding fire alarm work when installed
in raceways (including wire and cable pulling) and when
performed on new or major remodel building projects or
jobs for which the conductors for the fire alarm system are
installed in conduit; excluding installation of raceway
systems, line voltage work, industrial work, life-safety
systems (all buildings having floors located more than 75'
above the lowest floor level having building access);
excluding energy management systems.
FOOTNOTE: Fire alarm work when installed in raceways
(including wire and cable pulling), on projects which
involve new or major remodel building construction, for
which the conductors for the fire alarm system are
installed in the conduit, shall be performed by the inside
electrician.
----------------------------------------------------------------
ELEC0302-001 02/09/2016
CONTRA COSTA COUNTY
Rates Fringes
CABLE SPLICER....................$ 54.17 26.23
ELECTRICIAN......................$ 47.76 26.03
----------------------------------------------------------------
ELEC0302-003 12/01/2016
CONTRA COSTA COUNTY
Rates Fringes
Sound & Communications
Installer...................$ 35.07 18.05
Technician..................$ 39.93 18.20
SCOPE OF WORK: Including any data system whose only function
is to transmit or receive information; excluding all other
data systems or multiple systems which include control
function or power supply; inclusion or exclusion of
terminations and testings of conductors determined by
their function; excluding fire alarm work when installed
in raceways (including wire and cable pulling) and when
performed on new or major remodel building projects or
jobs for which the conductors for the fire alarm system are
installed in conduit; excluding installation of raceway
systems, line voltage work, industrial work, life-safety
systems (all buildings having floors located more than 75'
Invitation for Bid (IFB) Package 47 Rev. January 30, 2017
CONSTRUCTION CONTRACT
above the lowest floor level having building access);
excluding energy management systems.
FOOTNOTE: Fire alarm work when installed in raceways
(including wire and cable pulling), on projects which
involve new or major remodel building construction, for
which the conductors for the fire alarm system are
installed in the conduit, shall be performed by the inside
electrician.
----------------------------------------------------------------
ELEC0332-001 05/30/2016
SANTA CLARA COUNTY
Rates Fringes
CABLE SPLICER....................$ 67.87 33.28
ELECTRICIAN......................$ 59.02 32.75
FOOTNOTES: Work under compressed air or where gas masks are
required, orwork on ladders, scaffolds, stacks, "Bosun's
chairs," or other structures and where the workers are not
protected by permanent guard rails at a distance of 40 to
60 ft. from the ground or supporting structures: to be paid
one and one-half times the straight-time rate of pay.
Work on structures of 60 ft. or over (as described above):
to be paid twice the straight-time rate of pay.
----------------------------------------------------------------
ELEC0332-003 11/30/2015
SANTA CLARA COUNTY
Rates Fringes
Sound & Communications
Installer...................$ 34.32 17.33
Technician..................$ 39.08 17.47
SCOPE OF WORK: Including any data system whose only function
is to transmit or receive information; excluding all other
data systems or multiple systems which include control
function or power supply; inclusion or exclusion of
terminations and testings of conductors determined by
their function; excluding fire alarm work when installed
in raceways (including wire and cable pulling) and when
performed on new or major remodel building projects or
jobs for which the conductors for the fire alarm system are
installed in conduit; excluding installation of raceway
systems, line voltage work, industrial work, life-safety
systems (all buildings having floors located more than 75'
above the lowest floor level having building access);
excluding energy management systems.
Invitation for Bid (IFB) Package 48 Rev. January 30, 2017
CONSTRUCTION CONTRACT
FOOTNOTE: Fire alarm work when installed in raceways
(including wire and cable pulling), on projects which
involve new or major remodel building construction, for
which the conductors for the fire alarm system are
installed in the conduit, shall be performed by the inside
electrician.
----------------------------------------------------------------
ELEC0595-001 06/01/2016
ALAMEDA COUNTY
Rates Fringes
CABLE SPLICER....................$ 58.95 34.14
ELECTRICIAN......................$ 52.40 33.95
----------------------------------------------------------------
ELEC0595-002 06/01/2016
CALAVERAS AND SAN JOAQUIN COUNTIES
Rates Fringes
CABLE SPLICER....................$ 39.66 26.33
ELECTRICIAN
(1) Tunnel work.............$ 37.01 26.33
(2) All other work.........$ 35.25 26.33
----------------------------------------------------------------
ELEC0595-006 12/01/2016
ALAMEDA COUNTY
Rates Fringes
Sound & Communications
Installer...................$ 35.07 3%+17.55
Technician..................$ 39.93 3%+17.55
SCOPE OF WORK: Including any data system whose only function
is to transmit or receive information; excluding all other
data systems or multiple systems which include control
function or power supply; inclusion or exclusion of
terminations and testings of conductors determined by
their function; excluding fire alarm work when installed
in raceways (including wire and cable pulling) and when
performed on new or major remodel building projects or
jobs for which the conductors for the fire alarm system are
installed in conduit; excluding installation of raceway
systems, line voltage work, industrial work, life-safety
systems (all buildings having floors located more than 75'
above the lowest floor level having building access);
excluding energy management systems.
FOOTNOTE: Fire alarm work when installed in raceways
(including wire and cable pulling), on projects which
Invitation for Bid (IFB) Package 49 Rev. January 30, 2017
CONSTRUCTION CONTRACT
involve new or major remodel building construction, for
which the conductors for the fire alarm system are
installed in the conduit, shall be performed by the inside
electrician.
----------------------------------------------------------------
ELEC0595-008 12/01/2016
CALAVERAS AND SAN JOAQUIN COUNTIES
Rates Fringes
Communications System
Installer...................$ 30.64 3%+17.55
Technician..................$ 34.89 3%+17.55
SCOPE OF WORK: Including any data system whose only function
is to transmit or receive information; excluding all other
data systems or multiple systems which include control
function or power supply; inclusion or exclusion of
terminations and testings of conductors determined by
their function; excluding fire alarm work when installed
in raceways (including wire and cable pulling) and when
performed on new or major remodel building projects or
jobs for which the conductors for the fire alarm system are
installed in conduit; excluding installation of raceway
systems, line voltage work, industrial work, life-safety
systems (all buildings having floors located more than 75'
above the lowest floor level having building access);
excluding energy management systems.
FOOTNOTE: Fire alarm work when installed in raceways
(including wire and cable pulling), on projects which
involve new or major remodel building construction, for
which the conductors for the fire alarm system are
installed in the conduit, shall be performed by the inside
electrician.
----------------------------------------------------------------
ELEC0617-001 06/01/2016
SAN MATEO COUNTY
Rates Fringes
ELECTRICIAN......................$ 55.30 32.19
----------------------------------------------------------------
ELEC0617-003 12/01/2016
SAN MATEO COUNTY
Rates Fringes
Sound & Communications
Installer...................$ 35.07 18.86
Invitation for Bid (IFB) Package 50 Rev. January 30, 2017
CONSTRUCTION CONTRACT
Technician..................$ 39.93 18.86
SCOPE OF WORK: Including any data system whose only function
is to transmit or receive information; excluding all other
data systems or multiple systems which include control
function or power supply; inclusion or exclusion of
terminations and testings of conductors determined by
their function; excluding fire alarm work when installed
in raceways (including wire and cable pulling) and when
performed on new or major remodel building projects or
jobs for which the conductors for the fire alarm system are
installed in conduit; excluding installation of raceway
systems, line voltage work, industrial work, life-safety
systems (all buildings having floors located more than 75'
above the lowest floor level having building access);
excluding energy management systems.
FOOTNOTE: Fire alarm work when installed in raceways
(including wire and cable pulling), on projects which
involve new or major remodel building construction, for
which the conductors for the fire alarm system are
installed in the conduit, shall be performed by the inside
electrician.
----------------------------------------------------------------
ELEC0684-001 12/01/2016
MARIPOSA, MERCED, STANISLAUS AND TUOLUMNE COUNTIES
Rates Fringes
ELECTRICIAN......................$ 36.40 3%+20.73
CABLE SPLICER = 110% of Journeyman Electrician
----------------------------------------------------------------
ELEC0684-004 12/01/2016
MARIPOSA, MERCED, STANISLAUS AND TUOLUMNE COUNTIES
Rates Fringes
Communications System
Installer...................$ 30.64 3%+17.86
Technician..................$ 34.89 3%+17.86
SCOPE OF WORK: Including any data system whose only function
is to transmit or receive information; excluding all other
data systems or multiple systems which include control
function or power supply; inclusion or exclusion of
terminations and testings of conductors determined by
their function; excluding fire alarm work when installed
in raceways (including wire and cable pulling) and when
performed on new or major remodel building projects or
jobs for which the conductors for the fire alarm system are
installed in conduit; excluding installation of raceway
Invitation for Bid (IFB) Package 51 Rev. January 30, 2017
CONSTRUCTION CONTRACT
systems, line voltage work, industrial work, life-safety
systems (all buildings having floors located more than 75'
above the lowest floor level having building access);
excluding energy management systems.
FOOTNOTE: Fire alarm work when installed in raceways
(including wire and cable pulling), on projects which
involve new or major remodel building construction, for
which the conductors for the fire alarm system are
installed in the conduit, shall be performed by the inside
electrician.
----------------------------------------------------------------
ELEC1245-001 06/01/2015
Rates Fringes
LINE CONSTRUCTION
(1) Lineman; Cable splicer..$ 52.85 15.53
(2) Equipment specialist
(operates crawler
tractors, commercial motor
vehicles, backhoes,
trenchers, cranes (50 tons
and below), overhead &
underground distribution
line equipment)...........$ 42.21 14.32
(3) Groundman...............$ 32.28 14.03
(4) Powderman...............$ 47.19 14.60
HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day,
Independence Day, Labor Day, Veterans Day, Thanksgiving Day
and day after Thanksgiving, Christmas Day
----------------------------------------------------------------
* ELEV0008-001 01/01/2017
Rates Fringes
ELEVATOR MECHANIC................$ 63.44 31.585
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 07/01/2013
Rates Fringes
Dredging: (DREDGING:
Invitation for Bid (IFB) Package 52 Rev. January 30, 2017
CONSTRUCTION CONTRACT
CLAMSHELL & DIPPER DREDGING;
HYDRAULIC SUCTION DREDGING:)
AREA 1:
(1) Leverman...............$ 40.53 27.81
(2) Dredge Dozer; Heavy
duty repairman.............$ 35.57 27.81
(3) Booster Pump
Operator; Deck
Engineer; Deck mate;
Dredge Tender; Winch
Operator...................$ 34.45 27.81
(4) Bargeman; Deckhand;
Fireman; Leveehand; Oiler..$ 31.15 27.81
AREA 2:
(1) Leverman...............$ 42.53 27.81
(2) Dredge Dozer; Heavy
duty repairman.............$ 37.57 27.81
(3) Booster Pump
Operator; Deck
Engineer; Deck mate;
Dredge Tender; Winch
Operator...................$ 36.45 27.81
(4) Bargeman; Deckhand;
Fireman; Leveehand; Oiler..$ 33.15 27.81
AREA DESCRIPTIONS
AREA 1: ALAMEDA,BUTTE, CONTRA COSTA, KINGS, MARIN, MERCED,
NAPA, SACRAMENTO, SAN BENITO, SAN FRANCISCO, SAN JOAQUIN,
SAN MATEO, SANTA CLARA, SANTA CRUZ, SOLANO, STANISLAUS,
SUTTER, YOLO, AND YUBA COUNTIES
AREA 2: MODOC COUNTY
THE REMAINGING COUNTIES ARE SPLIT BETWEEN AREA 1 AND AREA 2
AS NOTED BELOW:
ALPINE COUNTY:
Area 1: Northernmost part
Area 2: Remainder
CALAVERAS COUNTY:
Area 1: Remainder
Area 2: Eastern part
COLUSA COUNTY:
Area 1: Eastern part
Area 2: Remainder
ELDORADO COUNTY:
Area 1: North Central part
Area 2: Remainder
FRESNO COUNTY:
Area 1: Remainder
Invitation for Bid (IFB) Package 53 Rev. January 30, 2017
CONSTRUCTION CONTRACT
Area 2: Eastern part
GLENN COUNTY:
Area 1: Eastern part
Area 2: Remainder
LASSEN COUNTY:
Area 1: Western part along the Southern portion of border
with Shasta County
Area 2: Remainder
MADERA COUNTY:
Area 1: Except Eastern part
Area 2: Eastern part
MARIPOSA COUNTY
Area 1: Except Eastern part
Area 2: Eastern part
MONTERREY COUNTY
Area 1: Except Southwestern part
Area 2: Southwestern part
NEVADA COUNTY:
Area 1: All but the Northern portion along the border of
Sierra County
Area 2: Remainder
PLACER COUNTY:
Area 1: Al but the Central portion
Area 2: Remainder
PLUMAS COUNTY:
Area 1: Western portion
Area 2: Remainder
SHASTA COUNTY:
Area 1: All but the Northeastern corner
Area 2: Remainder
SIERRA COUNTY:
Area 1: Western part
Area 2: Remainder
SISKIYOU COUNTY:
Area 1: Central part
Area 2: Remainder
SONOMA COUNTY:
Area 1: All but the Northwestern corner
Area 2: Remainder
TEHAMA COUNTY:
Area 1: All but the Western border with Mendocino & Trinity
Counties
Invitation for Bid (IFB) Package 54 Rev. January 30, 2017
CONSTRUCTION CONTRACT
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 06/30/2014
"AREA 1" WAGE RATES ARE LISTED BELOW
"AREA 2" RECEIVES AN ADDITIONAL $2.00 PER HOUR ABOVE AREA 1
RATES.
SEE AREA DEFINITIONS BELOW
Rates Fringes
OPERATOR: Power Equipment
(AREA 1:)
GROUP 1.....................$ 39.85 27.44
GROUP 2.....................$ 38.32 27.44
GROUP 3.....................$ 36.84 27.44
GROUP 4.....................$ 35.46 27.44
GROUP 5.....................$ 34.19 27.44
GROUP 6.....................$ 32.87 27.44
GROUP 7.....................$ 31.73 27.44
GROUP 8.....................$ 30.59 27.44
GROUP 8-A...................$ 28.38 27.44
OPERATOR: Power Equipment
(Cranes and Attachments -
AREA 1:)
GROUP 1
Cranes.....................$ 40.73 27.44
Oiler......................$ 33.76 27.44
Truck crane oiler..........$ 37.33 27.44
GROUP 2
Cranes.....................$ 38.97 27.44
Oiler......................$ 33.50 27.44
Truck crane oiler..........$ 37.04 27.44
GROUP 3
Cranes.....................$ 37.23 27.44
Hydraulic..................$ 32.87 27.44
Oiler......................$ 33.26 27.44
Truck Crane Oiler..........$ 36.77 27.44
GROUP 4
Cranes.....................$ 34.19 27.44
OPERATOR: Power Equipment
(Piledriving - AREA 1:)
Invitation for Bid (IFB) Package 55 Rev. January 30, 2017
CONSTRUCTION CONTRACT
GROUP 1
Lifting devices............$ 41.07 27.44
Oiler......................$ 31.81 27.44
Truck crane oiler..........$ 34.09 27.44
GROUP 2
Lifting devices............$ 39.25 27.44
Oiler......................$ 31.54 27.44
Truck Crane Oiler..........$ 33.84 27.44
GROUP 3
Lifting devices............$ 37.57 27.44
Oiler......................$ 31.32 27.44
Truck Crane Oiler..........$ 33.55 27.44
GROUP 4
Lifting devices............$ 35.80 27.44
GROUP 5
Lifting devices............$ 34.50 27.44
GROUP 6
Lifting devices............$ 33.16 27.44
OPERATOR: Power Equipment
(Steel Erection - AREA 1:)
GROUP 1
Cranes.....................$ 41.70 27.44
Oiler......................$ 32.15 27.44
Truck Crane Oiler..........$ 34.38 27.44
GROUP 2
Cranes.....................$ 39.93 27.44
Oiler......................$ 31.88 27.44
Truck Crane Oiler..........$ 34.16 27.44
GROUP 3
Cranes.....................$ 38.45 27.44
Hydraulic..................$ 32.67 27.44
Oiler......................$ 31.66 27.44
Truck Crane Oiler..........$ 33.89 27.44
GROUP 4
Cranes.....................$ 36.43 27.44
GROUP 5
Cranes.....................$ 35.13 27.44
OPERATOR: Power Equipment
(Tunnel and Underground Work
- AREA 1:)
SHAFTS, STOPES, RAISES:
GROUP 1....................$ 35.95 27.44
GROUP 1-A..................$ 38.32 27.44
GROUP 2....................$ 34.59 27.44
GROUP 3....................$ 33.36 27.44
GROUP 4....................$ 32.22 27.44
GROUP 5....................$ 31.08 27.44
UNDERGROUND:
GROUP 1....................$ 35.85 27.44
GROUP 1-A..................$ 38.32 27.44
GROUP 2....................$ 34.59 27.44
GROUP 3....................$ 33.26 27.44
GROUP 4....................$ 32.12 27.44
GROUP 5....................$ 30.98 27.44
Invitation for Bid (IFB) Package 56 Rev. January 30, 2017
CONSTRUCTION CONTRACT
FOOTNOTE: Work suspended by ropes or cables, or work on a
Yo-Yo Cat: $.60 per hour additional.
POWER EQUIPMENT OPERATOR CLASSIFICATIONS
GROUP 1: Operator of helicopter (when used in erection work);
Hydraulic excavator, 7 cu. yds. and over; Power shovels,
over 7 cu. yds.
GROUP 2: Highline cableway; Hydraulic excavator, 3-1/2 cu.
yds. up to 7 cu. yds.; Licensed construction work boat
operator, on site; Power blade operator (finish); Power
shovels, over 1 cu. yd. up to and including 7 cu. yds.
m.r.c.
GROUP 3: Asphalt milling machine; Cable backhoe; Combination
backhoe and loader over 3/4 cu. yds.; Continuous flight tie
back machine assistant to engineer or mechanic; Crane
mounted continuous flight tie back machine, tonnage to
apply; Crane mounted drill attachment, tonnage to apply;
Dozer, slope brd; Gradall; Hydraulic excavator, up to 3 1/2
cu. yds.; Loader 4 cu. yds. and over; Long reach excavator;
Multiple engine scraper (when used as push pull); Power
shovels, up to and including 1 cu. yd.; Pre-stress wire
wrapping machine; Side boom cat, 572 or larger; Track
loader 4 cu. yds. and over; Wheel excavator (up to and
including 750 cu. yds. per hour)
GROUP 4: Asphalt plant engineer/box person; Chicago boom;
Combination backhoe and loader up to and including 3/4 cu.
yd.; Concrete batch plant (wet or dry); Dozer and/or push
cat; Pull- type elevating loader; Gradesetter, grade
checker (GPS, mechanical or otherwise); Grooving and
grinding machine; Heading shield operator; Heavy-duty
drilling equipment, Hughes, LDH, Watson 3000 or similar;
Heavy-duty repairperson and/or welder; Lime spreader;
Loader under 4 cu. yds.; Lubrication and service engineer
(mobile and grease rack); Mechanical finishers or spreader
machine (asphalt, Barber-Greene and similar); Miller
Formless M-9000 slope paver or similar; Portable crushing
and screening plants; Power blade support; Roller operator,
asphalt; Rubber-tired scraper, self-loading (paddle-wheels,
etc.); Rubber- tired earthmoving equipment (scrapers); Slip
form paver (concrete); Small tractor with drag; Soil
stabilizer (P & H or equal); Spider plow and spider puller;
Tubex pile rig; Unlicensed constuction work boat operator,
on site; Timber skidder; Track loader up to 4 yds.;
Tractor-drawn scraper; Tractor, compressor drill
combination; Welder; Woods-Mixer (and other similar Pugmill
equipment)
GROUP 5: Cast-in-place pipe laying machine; Combination
slusher and motor operator; Concrete conveyor or concrete
pump, truck or equipment mounted; Concrete conveyor,
Invitation for Bid (IFB) Package 57 Rev. January 30, 2017
CONSTRUCTION CONTRACT
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
and/or material hoist; Mechanical finishers (concrete)
(Clary, Johnson, Bidwell Bridge Deck or similar types);
Mechanical burm, curb and/or curb and gutter machine,
concrete or asphalt); Mine or shaft hoist; Portable
crusher; Power jumbo operator (setting slip-forms, etc., in
tunnels); Screed (automatic or manual); Self-propelled
compactor with dozer; Tractor with boom D6 or smaller;
Trenching machine, maximum digging capacity over 5 ft.
depth; Vermeer T-600B rock cutter or similar
GROUP 6: Armor-Coater (or similar); Ballast jack tamper;
Boom- type backfilling machine; Assistant plant engineer;
Bridge and/or gantry crane; Chemical grouting machine,
truck-mounted; Chip spreading machine operator; Concrete
saw (self-propelled unit on streets, highways, airports and
canals); Deck engineer; Drilling equipment Texoma 600,
Hughes 200 Series or similar up to and including 30 ft.
m.r.c.; Drill doctor; Helicopter radio operator;
Hydro-hammer or similar; Line master; Skidsteer loader,
Bobcat larger than 743 series or similar (with
attachments); Locomotive; Lull hi-lift or similar; Oiler,
truck mounted equipment; Pavement breaker, truck-mounted,
with compressor combination; Paving fabric installation
and/or laying machine; Pipe bending machine (pipelines
only); Pipe wrapping machine (tractor propelled and
supported); Screed (except asphaltic concrete paving);
Self- propelled pipeline wrapping machine; Tractor;
Self-loading chipper; Concrete barrier moving machine
GROUP 7: Ballast regulator; Boom truck or dual-purpose
A-frame truck, non-rotating - under 15 tons; Cary lift or
similar; Combination slurry mixer and/or cleaner; Drilling
equipment, 20 ft. and under m.r.c.; Firetender (hot plant);
Grouting machine operator; Highline cableway signalperson;
Stationary belt loader (Kolman or similar); Lift slab
machine (Vagtborg and similar types); Maginnes internal
full slab vibrator; Material hoist (1 drum); Mechanical
trench shield; Pavement breaker with or without compressor
combination); Pipe cleaning machine (tractor propelled and
supported); Post driver; Roller (except asphalt); Chip
Seal; Self-propelled automatically applied concrete curing
mahcine (on streets, highways, airports and canals);
Self-propelled compactor (without dozer); Signalperson;
Slip-form pumps (lifting device for concrete forms); Tie
spacer; Tower mobile; Trenching machine, maximum digging
capacity up to and including 5 ft. depth; Truck- type loader
GROUP 8: Bit sharpener; Boiler tender; Box operator;
Brakeperson; Combination mixer and compressor
(shotcrete/gunite); Compressor operator; Deckhand; Fire
tender; Forklift (under 20 ft.); Generator;
Invitation for Bid (IFB) Package 58 Rev. January 30, 2017
CONSTRUCTION CONTRACT
Gunite/shotcrete equipment operator; Hydraulic monitor; Ken
seal machine (or similar); Mixermobile; Oiler; Pump
operator; Refrigeration plant; Reservoir-debris tug (self-
propelled floating); Ross Carrier (construction site);
Rotomist operator; Self-propelled tape machine; Shuttlecar;
Self-propelled power sweeper operator (includes vacuum
sweeper); Slusher operator; Surface heater; Switchperson;
Tar pot firetender; Tugger hoist, single drum; Vacuum
cooling plant; Welding machine (powered other than by
electricity)
GROUP 8-A: Elevator operator; Skidsteer loader-Bobcat 743
series or smaller, and similar (without attachments); Mini
excavator under 25 H.P. (backhoe-trencher); Tub grinder
wood chipper
----------------------------------------------------------
ALL CRANES AND ATTACHMENTS
GROUP 1: Clamshell and dragline over 7 cu. yds.; Crane, over
100 tons; Derrick, over 100 tons; Derrick barge
pedestal-mounted, over 100 tons; Self-propelled boom-type
lifting device, over 100 tons
GROUP 2: Clamshell and dragline over 1 cu. yd. up to and
including 7 cu. yds.; Crane, over 45 tons up to and
including 100 tons; Derrick barge, 100 tons and under;
Self-propelled boom-type lifting device, over 45 tons;
Tower crane
GROUP 3: Clamshell and dragline up to and including 1 cu.
yd.; Cranes 45 tons and under; Self-propelled boom-type
lifting device 45 tons and under;
GROUP 4: Boom Truck or dual purpose A-frame truck,
non-rotating over 15 tons; Truck-mounted rotating
telescopic boom type lifting device, Manitex or similar
(boom truck) over 15 tons; Truck-mounted rotating
telescopic boom type lifting device, Manitex or similar
(boom truck) - under 15 tons;
-----------------------------------------------------------
PILEDRIVERS
GROUP 1: Derrick barge pedestal mounted over 100 tons;
Clamshell over 7 cu. yds.; Self-propelled boom-type lifting
device over 100 tons; Truck crane or crawler, land or barge
mounted over 100 tons
GROUP 2: Derrick barge pedestal mounted 45 tons to and
including 100 tons; Clamshell up to and including 7 cu.
yds.; Self-propelled boom-type lifting device over 45 tons;
Truck crane or crawler, land or barge mounted, over 45 tons
Invitation for Bid (IFB) Package 59 Rev. January 30, 2017
CONSTRUCTION CONTRACT
up to and including 100 tons; Fundex F-12 hydraulic pile rig
GROUP 3: Derrick barge pedestal mounted under 45 tons; Self-
propelled boom-type lifting device 45 tons and under;
Skid/scow piledriver, any tonnage; Truck crane or crawler,
land or barge mounted 45 tons and under
GROUP 4: Assistant operator in lieu of assistant to engineer;
Forklift, 10 tons and over; Heavy-duty repairperson/welder
GROUP 5: Deck engineer
GROUP 6: Deckhand; Fire tender
-------------------------------------------------------------
STEEL ERECTORS
GROUP 1: Crane over 100 tons; Derrick over 100 tons; Self-
propelled boom-type lifting device over 100 tons
GROUP 2: Crane over 45 tons to 100 tons; Derrick under 100
tons; Self-propelled boom-type lifting device over 45 tons
to 100 tons; Tower crane
GROUP 3: Crane, 45 tons and under; Self-propelled boom-type
lifting device, 45 tons and under
GROUP 4: Chicago boom; Forklift, 10 tons and over; Heavy-duty
repair person/welder
GROUP 5: Boom cat
--------------------------------------------------------------
--
TUNNEL AND UNDERGROUND WORK
GROUP 1-A: Tunnel bore machine operator, 20' diameter or more
GROUP 1: Heading shield operator; Heavy-duty repairperson;
Mucking machine (rubber tired, rail or track type); Raised
bore operator (tunnels); Tunnel mole bore operator
GROUP 2: Combination slusher and motor operator; Concrete
pump or 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
Invitation for Bid (IFB) Package 60 Rev. January 30, 2017
CONSTRUCTION CONTRACT
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,
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
Invitation for Bid (IFB) Package 61 Rev. January 30, 2017
CONSTRUCTION CONTRACT
LASSEN COUNTY:
Area 1: Western part along the Southern portion of border
with Shasta County
Area 2: Remainder
MADERA COUNTY
Area 1: Remainder
Area 2: Eastern part
MARIPOSA COUNTY
Area 1: Remainder
Area 2: Eastern part
MENDOCINO COUNTY:
Area 1: Central and Southeastern parts
Area 2: Remainder
MONTEREY COUNTY
Area 1: Remainder
Area 2: Southwestern part
NEVADA COUNTY:
Area 1: All but the Northern portion along the border of
Sierra County
Area 2: Remainder
PLACER COUNTY:
Area 1: All but the Central portion
Area 2: Remainder
PLUMAS COUNTY:
Area 1: Western portion
Area 2: Remainder
SHASTA COUNTY:
Area 1: All but the Northeastern corner
Area 2: Remainder
SIERRA COUNTY:
Area 1: Western part
Area 2: Remainder
SISKIYOU COUNTY:
Area 1: Central part
Area 2: Remainder
SONOMA COUNTY:
Area 1: All but the Northwestern corner
Area 2: Reaminder
TEHAMA COUNTY:
Area 1: All but the Western border with mendocino & Trinity
Counties
Area 2: Remainder
Invitation for Bid (IFB) Package 62 Rev. January 30, 2017
CONSTRUCTION CONTRACT
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 07/01/2013
SEE AREA DESCRIPTIONS BELOW
Rates Fringes
OPERATOR: Power Equipment
(LANDSCAPE WORK ONLY)
GROUP 1
AREA 1.....................$ 29.64 25.71
AREA 2.....................$ 31.64 25.71
GROUP 2
AREA 1.....................$ 26.04 25.71
AREA 2.....................$ 28.04 25.71
GROUP 3
AREA 1.....................$ 21.43 25.71
AREA 2.....................$ 23.43 25.71
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,
Invitation for Bid (IFB) Package 63 Rev. January 30, 2017
CONSTRUCTION CONTRACT
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
Invitation for Bid (IFB) Package 64 Rev. January 30, 2017
CONSTRUCTION CONTRACT
Area 2: Eastern part
MENDOCINO COUNTY:
Area 1: Central and Southeastern parts
Area 2: Remainder
MONTEREY COUNTY
Area 1: Remainder
Area 2: Southwestern part
NEVADA COUNTY:
Area 1: All but the Northern portion along the border of
Sierra County
Area 2: Remainder
PLACER COUNTY:
Area 1: All but the Central portion
Area 2: Remainder
PLUMAS COUNTY:
Area 1: Western portion
Area 2: Remainder
SHASTA COUNTY:
Area 1: All but the Northeastern corner
Area 2: Remainder
SIERRA COUNTY:
Area 1: Western part
Area 2: Remainder
SISKIYOU COUNTY:
Area 1: Central part
Area 2: Remainder
SONOMA COUNTY:
Area 1: All but the Northwestern corner
Area 2: 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
Invitation for Bid (IFB) Package 65 Rev. January 30, 2017
CONSTRUCTION CONTRACT
Area 2: Eastern Part
----------------------------------------------------------------
IRON0377-002 07/01/2016
Rates Fringes
Ironworkers:
Fence Erector...............$ 28.33 20.64
Ornamental, Reinforcing
and Structural..............$ 34.75 29.20
PREMIUM PAY:
$6.00 additional per hour at the following locations:
China Lake Naval Test Station, Chocolate Mountains Naval
Reserve-Niland,
Edwards AFB, Fort Irwin Military Station, Fort Irwin Training
Center-Goldstone, San Clemente Island, San Nicholas Island,
Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine
Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB
$4.00 additional per hour at the following locations:
Army Defense Language Institute - Monterey, Fallon Air Base,
Naval Post Graduate School - Monterey, Yermo Marine Corps
Logistics Center
$2.00 additional per hour at the following locations:
Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock
----------------------------------------------------------------
LABO0067-002 06/27/2016
AREA "A" - ALAMEDA, CONTRA COSTA, MARIN, SAN FRANCISCO, SAN
MATEO AND SANTA CLARA COUNTIES
AREA "B" - ALPINE, AMADOR, BUTTE, CALAVERAS, COLUSA, DEL
NORTE, EL DORADO, FRESNO, GLENN, HUMBOLDT, KINGS, LAKE, LASSEN,
MADERA, MARIPOSA, MENDOCINO, MERCED, MODOC, MONTEREY, NAPA,
NEVADA, PLACER, PLUMAS, SACRAMENTO, SAN BENITO, SAN JOAQUIN,
SANTA CRUZ, SHASTA, SIERRA, SISKIYOU, SOLANO, SONOMA,
STANISLAUS, SUTTER, TEHAMA, TRINITY, TULARE, TUOLUMNE, YOLO AND
YUBA COUNTIES
Rates Fringes
Asbestos Removal Laborer
Areas A & B.................$ 20.66 10.02
LABORER (Lead Removal)
Area A......................$ 30.00 21.34
Invitation for Bid (IFB) Package 66 Rev. January 30, 2017
CONSTRUCTION CONTRACT
Area B......................$ 29.00 21.34
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.
----------------------------------------------------------------
LABO0067-006 06/30/2014
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.......................$ 29.09 18.66
GROUP 1.....................$ 28.39 18.66
GROUP 1-a...................$ 28.61 18.66
GROUP 1-c...................$ 28.44 18.66
GROUP 1-e...................$ 28.94 18.66
GROUP 1-f...................$ 28.97 18.66
GROUP 1-g (Contra Costa
County).....................$ 28.59 18.66
GROUP 2.....................$ 28.24 18.66
GROUP 3.....................$ 28.14 18.66
GROUP 4.....................$ 21.83 18.66
See groups 1-b and 1-d under laborer classifications.
Laborers: (CONSTRUCTION CRAFT
LABORERS - AREA B:)
Construction Specialist
Group.......................$ 28.09 18.66
GROUP 1.....................$ 27.39 18.66
GROUP 1-a...................$ 27.61 18.66
GROUP 1-c...................$ 27.44 18.66
GROUP 1-e...................$ 27.94 18.66
GROUP 1-f...................$ 27.97 18.66
GROUP 2.....................$ 27.24 18.66
GROUP 3.....................$ 27.14 18.66
GROUP 4.....................$ 20.83 18.66
See groups 1-b and 1-d under laborer classifications.
Invitation for Bid (IFB) Package 67 Rev. January 30, 2017
CONSTRUCTION CONTRACT
Laborers: (GUNITE - AREA A:)
GROUP 1.....................$ 29.35 18.66
GROUP 2.....................$ 28.85 18.66
GROUP 3.....................$ 28.26 18.66
GROUP 4.....................$ 28.14 18.66
Laborers: (GUNITE - AREA B:)
GROUP 1.....................$ 28.35 18.66
GROUP 2.....................$ 27.85 18.66
GROUP 3.....................$ 27.26 18.66
GROUP 4.....................$ 27.14 18.66
Laborers: (WRECKING - AREA A:)
GROUP 1.....................$ 28.39 18.66
GROUP 2.....................$ 28.24 18.66
Laborers: (WRECKING - AREA B:)
GROUP 1.....................$ 27.39 18.66
GROUP 2.....................$ 27.24 18.66
Landscape Laborer (GARDENERS,
HORTICULTURAL & LANDSCAPE
LABORERS - AREA A:)
(1) New Construction........$ 28.14 18.66
(2) Establishment Warranty
Period......................$ 21.83 18.66
Landscape Laborer (GARDENERS,
HORTICULURAL & LANDSCAPE
LABORERS - AREA B:)
(1) New Construction........$ 27.14 18.66
(2) Establishment Warranty
Period......................$ 20.83 18.66
FOOTNOTES:
Laborers working off or with or from bos'n chairs, swinging
scaffolds, belts shall receive $0.25 per hour above the
applicable wage rate. This shall not apply to workers
entitled to receive the wage rate set forth in Group 1-a
below.
---------------------------------------------------------
LABORER CLASSIFICATIONS
CONSTRUCTION SPECIALIST GROUP: Asphalt ironer and raker;
Chainsaw; Laser beam in connection with laborers' work;
Cast-in- place manhole form setter; Pressure pipelayer;
Davis trencher - 300 or similar type (and all small
trenchers); Blaster; Diamond driller; Multiple unit drill;
Hydraulic drill
GROUP 1: Asphalt spreader boxes (all types); Barko, Wacker
and similar type tampers; Buggymobile; Caulker, bander,
pipewrapper, conduit layer, plastic pipelayer; Certified
hazardous waste worker including Leade Abatement;
Compactors of all types; Concrete and magnesite mixer, 1/2
yd. and under; Concrete pan work; Concrete sander; Concrete
saw; Cribber and/or shoring; Cut granite curb setter;
Invitation for Bid (IFB) Package 68 Rev. January 30, 2017
CONSTRUCTION CONTRACT
Dri-pak-it machine; Faller, logloader and bucker; Form
raiser, slip forms; Green cutter; Headerboard, Hubsetter,
aligner, by any method; High pressure blow pipe (1-1/2" or
over, 100 lbs. pressure/over); Hydro seeder and similar
type; Jackhammer operator; Jacking of pipe over 12 inches;
Jackson and similar type compactor; Kettle tender, pot and
worker applying asphalt, lay-kold, creosote, lime, caustic
and similar type materials (applying means applying,
dipping or handling of such materials); Lagging, sheeting,
whaling, bracing, trenchjacking, lagging hammer; Magnesite,
epoxyresin, fiberglass, mastic worker (wet or dry); No
joint pipe and stripping of same, including repair of
voids; Pavement breaker and spader, including tool grinder;
Perma curb; Pipelayer (including grade checking in
connection with pipelaying); Precast-manhole setter;
Pressure pipe tester; Post hole digger, air, gas and
electric; Power broom sweeper; Power tampers of all types
(except as shown in Group 2); Ram set gun and stud gun;
Riprap stonepaver and rock-slinger, including placing of
sacked concrete and/or sand (wet or dry) and gabions and
similar type; Rotary scarifier or multiple head concrete
chipping scarifier; Roto and Ditch Witch; Rototiller;
Sandblaster, pot, gun, nozzle operators; Signalling and
rigging; Tank cleaner; Tree climber; Turbo blaster;
Vibrascreed, bull float in connection with laborers' work;
Vibrator; Hazardous waste worker (lead removal); Asbestos
and mold removal worker
GROUP 1-a: Joy drill model TWM-2A; Gardner-Denver model DH143
and similar type drills; Track driller; Jack leg driller;
Wagon driller; Mechanical drillers, all types regardless of
type or method of power; Mechanical pipe layers, all types
regardless of type or method of power; Blaster and powder;
All work of loading, placing and blasting of all powder and
explosives of whatever type regardless of method used for
such loading and placing; High scalers (including drilling
of same); Tree topper; Bit grinder
GROUP 1-b: Sewer cleaners shall receive $4.00 per day above
Group 1 wage rates. "Sewer cleaner" means any worker who
handles or comes in contact with raw sewage in small
diameter sewers. Those who work inside recently active,
large diameter sewers, and all recently active sewer
manholes shal receive $5.00 per day above Group 1 wage
rates.
GROUP 1-c: Burning and welding in connection with laborers'
work; Synthetic thermoplastics and similar type welding
GROUP 1-d: Maintenance and repair track and road beds. All
employees performing work covered herein shall receive $
.25 per hour above their regular rate for all work
performed on underground structures not specifically
covered herein. This paragraph shall not be construed to
apply to work below ground level in open cut. It shall
Invitation for Bid (IFB) Package 69 Rev. January 30, 2017
CONSTRUCTION CONTRACT
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.
Invitation for Bid (IFB) Package 70 Rev. January 30, 2017
CONSTRUCTION CONTRACT
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)
----------------------------------------------------------------
LABO0073-002 06/30/2014
CALAVERAS AND SAN JOAQUIN COUNTIES
Rates Fringes
LABORER (TRAFFIC CONTROL/LANE
CLOSURE)
Escort Driver, Flag Person..$ 27.14 19.03
Traffic Control Person I....$ 27.44 19.03
Traffic Control Person II...$ 24.94 19.03
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.
----------------------------------------------------------------
LABO0073-003 06/30/2014
SAN JOAQUIN COUNTY
Rates Fringes
LABORER
Invitation for Bid (IFB) Package 71 Rev. January 30, 2017
CONSTRUCTION CONTRACT
Mason Tender-Brick..........$ 31.11 17.34
----------------------------------------------------------------
LABO0073-005 06/30/2014
Rates Fringes
Tunnel and Shaft Laborers:
GROUP 1.....................$ 34.60 19.49
GROUP 2.....................$ 34.37 19.49
GROUP 3.....................$ 34.12 19.49
GROUP 4.....................$ 33.67 19.49
GROUP 5.....................$ 33.13 19.49
Shotcrete Specialist........$ 35.12 19.49
TUNNEL AND SHAFT CLASSIFICATIONS
GROUP 1: Diamond driller; Groundmen; Gunite and shotcrete
nozzlemen
GROUP 2: Rodmen; Shaft work & raise (below actual or
excavated ground level)
GROUP 3: Bit grinder; Blaster, driller, powdermen, heading;
Cherry pickermen - where car is lifted; Concrete finisher
in tunnel; Concrete screedman; Grout pumpman and potman;
Gunite & shotcrete gunman & potman; Headermen; High
pressure nozzleman; Miner - tunnel, including top and
bottom man on shaft and raise work; Nipper; Nozzleman on
slick line; Sandblaster - potman, Robotic Shotcrete Placer,
Segment Erector, Tunnel Muck Hauler, Steel Form raiser and
setter; Timberman, retimberman (wood or steel or substitute
materials therefore); Tugger (for tunnel laborer work);
Cable tender; Chuck tender; Powderman - primer house
GROUP 4: Vibrator operator, pavement breaker; Bull gang -
muckers, trackmen; Concrete crew - includes rodding and
spreading, Dumpmen (any method)
GROUP 5: Grout crew; Reboundman; Swamper/ Brakeman
----------------------------------------------------------------
LABO0166-001 07/01/2006
ALAMEDA AND CONTRA COSTA COUNTIES:
Rates Fringes
Brick Tender.....................$ 25.91 14.65
FOOTNOTES: Work on jobs where heat-protective clothing is
required: $2.00 per hour additional. Work at grinders: $.25
per hour additional. Manhole work: $2.00 per day additional.
----------------------------------------------------------------
LABO0166-002 07/01/2007
Invitation for Bid (IFB) Package 72 Rev. January 30, 2017
CONSTRUCTION CONTRACT
SAN FRANCISCO AND SAN MATEO COUNTIES:
Rates Fringes
MASON TENDER, BRICK..............$ 26.93 16.50
FOOTNOTES: Underground work such as sewers, manholes, catch
basins, sewer pipes, telephone conduits, tunnels and cut
trenches: $5.00 per day additional. Work in live sewage:
$2.50 per day additional.
----------------------------------------------------------------
LABO0261-003 06/30/2014
SAN FRANCISCO AND SAN MATEO COUNTIES
Rates Fringes
LABORER (TRAFFIC CONTROL/LANE
CLOSURE)
Escort Driver, Flag Person..$ 28.14 19.03
Traffic Control Person I....$ 28.44 19.03
Traffic Control Person II...$ 25.94 19.03
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.
----------------------------------------------------------------
LABO0261-005 06/30/2014
SAN FRANCISCO AND SAN MATEO COUNTIES
Rates Fringes
Tunnel and Shaft Laborers:
GROUP 1.....................$ 34.60 19.49
GROUP 2.....................$ 34.37 19.49
GROUP 3.....................$ 34.12 19.49
GROUP 4.....................$ 33.67 19.49
GROUP 5.....................$ 33.13 19.49
Shotcrete Specialist........$ 35.12 19.49
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)
Invitation for Bid (IFB) Package 73 Rev. January 30, 2017
CONSTRUCTION CONTRACT
GROUP 3: Bit grinder; Blaster, driller, powdermen, heading;
Cherry pickermen - where car is lifted; Concrete finisher
in tunnel; Concrete screedman; Grout pumpman and potman;
Gunite & shotcrete gunman & potman; Headermen; High
pressure nozzleman; Miner - tunnel, including top and
bottom man on shaft and raise work; Nipper; Nozzleman on
slick line; Sandblaster - potman, Robotic Shotcrete Placer,
Segment Erector, Tunnel Muck Hauler, Steel Form raiser and
setter; Timberman, retimberman (wood or steel or substitute
materials therefore); Tugger (for tunnel laborer work);
Cable tender; Chuck tender; Powderman - primer house
GROUP 4: Vibrator operator, pavement breaker; Bull gang -
muckers, trackmen; Concrete crew - includes rodding and
spreading, Dumpmen (any method)
GROUP 5: Grout crew; Reboundman; Swamper/ Brakeman
----------------------------------------------------------------
LABO0270-003 06/30/2014
AREA A: SANTA CLARA
AREA B: MONTEREY, SAN BENITO AND SANTA CRUZ COUNTIES
Rates Fringes
LABORER (TRAFFIC CONTROL/LANE
CLOSURE)
Escort Driver, Flag Person
Area A.....................$ 28.14 19.03
Area B.....................$ 27.14 19.03
Traffic Control Person I
Area A.....................$ 28.44 19.03
Area B.....................$ 27.44 19.03
Traffic Control Person II
Area A.....................$ 25.94 19.03
Area B.....................$ 24.94 19.03
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.
----------------------------------------------------------------
LABO0270-004 06/30/2014
MONTEREY, SAN BENITO, SANTA CLARA, AND SANTA CRUZ COUNTIES
Rates Fringes
Tunnel and Shaft Laborers:
Invitation for Bid (IFB) Package 74 Rev. January 30, 2017
CONSTRUCTION CONTRACT
GROUP 1.....................$ 34.60 19.49
GROUP 2.....................$ 34.37 19.49
GROUP 3.....................$ 34.12 19.49
GROUP 4.....................$ 33.67 19.49
GROUP 5.....................$ 33.13 19.49
Shotcrete Specialist........$ 35.12 19.49
TUNNEL AND SHAFT CLASSIFICATIONS
GROUP 1: Diamond driller; Groundmen; Gunite and shotcrete
nozzlemen
GROUP 2: Rodmen; Shaft work & raise (below actual or
excavated ground level)
GROUP 3: Bit grinder; Blaster, driller, powdermen, heading;
Cherry pickermen - where car is lifted; Concrete finisher
in tunnel; Concrete screedman; Grout pumpman and potman;
Gunite & shotcrete gunman & potman; Headermen; High
pressure nozzleman; Miner - tunnel, including top and
bottom man on shaft and raise work; Nipper; Nozzleman on
slick line; Sandblaster - potman, Robotic Shotcrete Placer,
Segment Erector, Tunnel Muck Hauler, Steel Form raiser and
setter; Timberman, retimberman (wood or steel or substitute
materials therefore); Tugger (for tunnel laborer work);
Cable tender; Chuck tender; Powderman - primer house
GROUP 4: Vibrator operator, pavement breaker; Bull gang -
muckers, trackmen; Concrete crew - includes rodding and
spreading, Dumpmen (any method)
GROUP 5: Grout crew; Reboundman; Swamper/ Brakeman
----------------------------------------------------------------
LABO0270-005 07/01/2013
MONTEREY AND SAN BENITO COUNTIES
Rates Fringes
LABORER
Mason Tender-Brick..........$ 31.70 16.53
----------------------------------------------------------------
LABO0294-001 06/30/2014
FRESNO, KINGS AND MADERA COUNTIES
Rates Fringes
LABORER (Brick)
Mason Tender-Brick..........$ 31.11 17.34
----------------------------------------------------------------
LABO0294-002 06/30/2014
FRESNO, KINGS, AND MADERA COUNTIES
Invitation for Bid (IFB) Package 75 Rev. January 30, 2017
CONSTRUCTION CONTRACT
Rates Fringes
LABORER (TRAFFIC CONTROL/LANE
CLOSURE)
Escort Driver, Flag Person..$ 27.14 19.03
Traffic Control Person I....$ 27.44 19.03
Traffic Control Person II...$ 24.94 19.03
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.
----------------------------------------------------------------
LABO0294-005 06/30/2014
FRESNO, KINGS, AND MADERA COUNTIES
Rates Fringes
Tunnel and Shaft Laborers:
GROUP 1.....................$ 34.60 19.49
GROUP 2.....................$ 34.37 19.49
GROUP 3.....................$ 34.12 19.49
GROUP 4.....................$ 33.67 19.49
GROUP 5.....................$ 33.13 19.49
Shotcrete Specialist........$ 35.12 19.49
TUNNEL AND SHAFT CLASSIFICATIONS
GROUP 1: Diamond driller; Groundmen; Gunite and shotcrete
nozzlemen
GROUP 2: Rodmen; Shaft work & raise (below actual or
excavated ground level)
GROUP 3: Bit grinder; Blaster, driller, powdermen, heading;
Cherry pickermen - where car is lifted; Concrete finisher
in tunnel; Concrete screedman; Grout pumpman and potman;
Gunite & shotcrete gunman & potman; Headermen; High
pressure nozzleman; Miner - tunnel, including top and
bottom man on shaft and raise work; Nipper; Nozzleman on
slick line; Sandblaster - potman, Robotic Shotcrete Placer,
Segment Erector, Tunnel Muck Hauler, Steel Form raiser and
setter; Timberman, retimberman (wood or steel or substitute
materials therefore); Tugger (for tunnel laborer work);
Cable tender; Chuck tender; Powderman - primer house
GROUP 4: Vibrator operator, pavement breaker; Bull gang -
muckers, trackmen; Concrete crew - includes rodding and
spreading, Dumpmen (any method)
Invitation for Bid (IFB) Package 76 Rev. January 30, 2017
CONSTRUCTION CONTRACT
GROUP 5: Grout crew; Reboundman; Swamper/ Brakeman
----------------------------------------------------------------
LABO0304-002 06/30/2014
ALAMEDA COUNTY
Rates Fringes
LABORER (TRAFFIC CONTROL/LANE
CLOSURE)
Escort Driver, Flag Person..$ 28.14 19.03
Traffic Control Person I....$ 28.44 19.03
Traffic Control Person II...$ 25.94 19.03
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.
----------------------------------------------------------------
LABO0304-003 06/30/2014
ALAMEDA COUNTY
Rates Fringes
Tunnel and Shaft Laborers:
GROUP 1.....................$ 34.60 19.49
GROUP 2.....................$ 34.37 19.49
GROUP 3.....................$ 34.12 19.49
GROUP 4.....................$ 33.67 19.49
GROUP 5.....................$ 33.13 19.49
Shotcrete Specialist........$ 35.12 19.49
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);
Invitation for Bid (IFB) Package 77 Rev. January 30, 2017
CONSTRUCTION CONTRACT
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
----------------------------------------------------------------
LABO0324-002 06/30/2014
CONTRA COSTA COUNTY
Rates Fringes
LABORER (TRAFFIC CONTROL/LANE
CLOSURE)
Escort Driver, Flag Person..$ 28.14 19.03
Traffic Control Person I....$ 28.44 19.03
Traffic Control Person II...$ 25.94 19.03
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.
----------------------------------------------------------------
LABO0324-006 06/30/2014
CONTRA COSTA COUNTY
Rates Fringes
Tunnel and Shaft Laborers:
GROUP 1.....................$ 34.60 19.49
GROUP 2.....................$ 34.37 19.49
GROUP 3.....................$ 34.12 19.49
GROUP 4.....................$ 33.67 19.49
GROUP 5.....................$ 33.13 19.49
Shotcrete Specialist........$ 35.12 19.49
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
Invitation for Bid (IFB) Package 78 Rev. January 30, 2017
CONSTRUCTION CONTRACT
pressure nozzleman; Miner - tunnel, including top and
bottom man on shaft and raise work; Nipper; Nozzleman on
slick line; Sandblaster - potman, Robotic Shotcrete Placer,
Segment Erector, Tunnel Muck Hauler, Steel Form raiser and
setter; Timberman, retimberman (wood or steel or substitute
materials therefore); Tugger (for tunnel laborer work);
Cable tender; Chuck tender; Powderman - primer house
GROUP 4: Vibrator operator, pavement breaker; Bull gang -
muckers, trackmen; Concrete crew - includes rodding and
spreading, Dumpmen (any method)
GROUP 5: Grout crew; Reboundman; Swamper/ Brakeman
----------------------------------------------------------------
LABO1130-002 06/30/2014
MARIPOSA, MERCED, STANISLAUS, AND TUOLUMNE COUNTIES
Rates Fringes
LABORER (TRAFFIC CONTROL/LANE
CLOSURE)
Escort Driver, Flag Person..$ 27.14 19.03
Traffic Control Person I....$ 27.44 19.03
Traffic Control Person II...$ 24.94 19.03
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.
----------------------------------------------------------------
LABO1130-003 06/30/2014
MARIPOSA, MERCED, STANISLAUS, AND TUOLUMNE COUNTIES
Rates Fringes
Tunnel and Shaft Laborers:
GROUP 1.....................$ 34.60 19.49
GROUP 2.....................$ 34.37 19.49
GROUP 3.....................$ 34.12 19.49
GROUP 4.....................$ 33.67 19.49
GROUP 5.....................$ 33.13 19.49
Shotcrete Specialist........$ 35.12 19.49
TUNNEL AND SHAFT CLASSIFICATIONS
GROUP 1: Diamond driller; Groundmen; Gunite and shotcrete
nozzlemen
GROUP 2: Rodmen; Shaft work & raise (below actual or
Invitation for Bid (IFB) Package 79 Rev. January 30, 2017
CONSTRUCTION CONTRACT
excavated ground level)
GROUP 3: Bit grinder; Blaster, driller, powdermen, heading;
Cherry pickermen - where car is lifted; Concrete finisher
in tunnel; Concrete screedman; Grout pumpman and potman;
Gunite & shotcrete gunman & potman; Headermen; High
pressure nozzleman; Miner - tunnel, including top and
bottom man on shaft and raise work; Nipper; Nozzleman on
slick line; Sandblaster - potman, Robotic Shotcrete Placer,
Segment Erector, Tunnel Muck Hauler, Steel Form raiser and
setter; Timberman, retimberman (wood or steel or substitute
materials therefore); Tugger (for tunnel laborer work);
Cable tender; Chuck tender; Powderman - primer house
GROUP 4: Vibrator operator, pavement breaker; Bull gang -
muckers, trackmen; Concrete crew - includes rodding and
spreading, Dumpmen (any method)
GROUP 5: Grout crew; Reboundman; Swamper/ Brakeman
----------------------------------------------------------------
LABO1130-005 06/30/2014
MARIPOSA, MERCED, STANISLAUS AND TUOLUMNE COUNTIES
Rates Fringes
LABORER
Mason Tender-Brick..........$ 31.11 17.34
----------------------------------------------------------------
LABO1414-004 08/03/2016
SAN FRANCISCO AND SAN MATEO COUNTIES:
Rates Fringes
PLASTER TENDER...................$ 34.15 19.28
Work on a swing stage scaffold: $1.00 per hour additional.
----------------------------------------------------------------
LABO1414-007 08/03/2016
CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, SAN
JOAQUIN, STANISLAUS & TUOLUMNE
Rates Fringes
Plasterer tender.................$ 34.15 19.28
Work on a swing stage scaffold: $1.00 per hour additional.
----------------------------------------------------------------
LABO1414-008 08/03/2016
ALAMEDA AND CONTRA COSTA COUNTIES:
Invitation for Bid (IFB) Package 80 Rev. January 30, 2017
CONSTRUCTION CONTRACT
Rates Fringes
Plasterer tender.................$ 34.15 19.28
Work on a swing stage scaffold: $1.00 per hour additional.
----------------------------------------------------------------
LABO1414-010 08/03/2016
SANTA CLARA AND SANTA CRUZ COUNTIES
Rates Fringes
PLASTER TENDER
4 Stories and under.........$ 32.15 19.28
5 Stories and above.........$ 34.15 19.28
Work on a swing stage scaffold: $1.00 per hour additional.
----------------------------------------------------------------
LABO1414-011 08/03/2016
MONTEREY AND SAN BENITO COUNTIES
Rates Fringes
Plasterer tender.................$ 34.15 19.28
Work on a swing stage scaffold: $1.00 per hour additional.
----------------------------------------------------------------
PAIN0016-001 01/01/2015
ALAMEDA, CONTRA COSTA, MONTEREY, SAN BENITO, SAN MATEO, SANTA
CLARA, AND SANTA CRUZ COUNTIES
Rates Fringes
Painters:........................$ 36.45 21.48
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
processing of goods for sale or service; steel construction
(bridges), stacks, towers, tanks, and similar structures]
HIGH WORK:
over 50 feet - $2.00 per hour additional
100 to 180 feet - $4.00 per hour additional
Over 180 feet - $6.00 per houir additional
----------------------------------------------------------------
PAIN0016-003 07/01/2016
Invitation for Bid (IFB) Package 81 Rev. January 30, 2017
CONSTRUCTION CONTRACT
AREA 1: ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO & SANTA
CLARA COUNTIES
AREA 2: CALAVERAS, MARIPOA, MERCED, MONTEREY, SAN BENITO, SAN
JOAQUIN, SANTA CRUZ, STANISLAUS & TUOLUMNE COUNTIES
Rates Fringes
Drywall Finisher/Taper
AREA 1......................$ 43.79 24.01
AREA 2......................$ 39.66 22.61
----------------------------------------------------------------
PAIN0016-012 01/01/2015
ALAMEDA, CONTRA COSTA, MARIPOSA, MERCED, MONTEREY, SAN BENITO,
SAN FRANCISCO, SAN MATEO, SANTA CLARA AND SANTA CRUZ COUNTIES
Rates Fringes
SOFT FLOOR LAYER.................$ 46.20 18.73
----------------------------------------------------------------
PAIN0016-015 01/01/2015
CALAVERAS, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS & TUOLUMNE
COUNTIES
Rates Fringes
PAINTER
Brush.......................$ 30.85 16.85
FOOTNOTES:
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 $6.00 additional per hour.
----------------------------------------------------------------
PAIN0016-022 01/01/2015
SAN FRANCISCO COUNTY
Rates Fringes
PAINTER..........................$ 40.07 21.48
----------------------------------------------------------------
PAIN0169-001 01/01/2015
FRESNO, KINGS, MADERA, MARIPOSA AND MERCED COUNTIES:
Invitation for Bid (IFB) Package 82 Rev. January 30, 2017
CONSTRUCTION CONTRACT
Rates Fringes
GLAZIER..........................$ 34.83 19.75
----------------------------------------------------------------
PAIN0169-005 01/01/2015
ALAMEDA CONTRA COSTA, MONTEREY, SAN BENITO, SAN FRANCISCO, SAN
MATEO, SANTA CLARA & SANTA CRUZ COUNTIES
Rates Fringes
GLAZIER..........................$ 43.48 24.19
----------------------------------------------------------------
PAIN0294-004 01/01/2015
FRESNO, KINGS AND MADERA COUNTIES
Rates Fringes
PAINTER
Brush, Roller...............$ 25.67 15.68
Drywall Finisher/Taper......$ 30.47 16.81
FOOTNOTE:
Spray Painters & Paperhangers recive $1.00 additional per
hour. Painters doing Drywall Patching receive $1.25
additional per hour. Lead Abaters & Sandblasters receive
$1.50 additional per hour. High Time - over 30 feet (does
not include work from a lift) $0.75 per hour additional.
----------------------------------------------------------------
PAIN0294-005 01/01/2015
FRESNO, KINGS & MADERA
Rates Fringes
SOFT FLOOR LAYER.................$ 30.83 17.39
----------------------------------------------------------------
PAIN0767-001 01/01/2015
CALAVERAS, SAN JOAQUIN, STANISLAUS AND TUOLUMNE COUNTIES:
Rates Fringes
GLAZIER..........................$ 33.79 22.49
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 $1.50
per hour above the basic hourly rate at any elevation.
Invitation for Bid (IFB) Package 83 Rev. January 30, 2017
CONSTRUCTION CONTRACT
----------------------------------------------------------------
PAIN1176-001 07/01/2014
HIGHWAY IMPR0VEMENT
Rates Fringes
Parking Lot Striping/Highway
Marking:
GROUP 1.....................$ 34.26 11.65
GROUP 2.....................$ 29.12 11.65
GROUP 3.....................$ 29.46 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
----------------------------------------------------------------
PAIN1237-003 01/01/2015
CALAVERAS; SAN JOAQUIN COUNTIES; STANISLAUS AND TUOLUMNE
COUNTIES:
Rates Fringes
SOFT FLOOR LAYER.................$ 31.79 14.93
----------------------------------------------------------------
PLAS0066-002 07/01/2016
ALAMEDA, CONTRA COSTA, SAN MATEO AND SAN FRANCISCO COUNTIES:
Rates Fringes
PLASTERER........................$ 39.52 35.37
----------------------------------------------------------------
PLAS0300-001 07/01/2014
Rates Fringes
PLASTERER
AREA 188: Fresno...........$ 29.44 22.26
AREA 224: San Benito,
Santa Clara, Santa Cruz.....$ 31.59 22.26
AREA 295: Calaveras & San
Joaquin Couonties...........$ 31.41 22.26
AREA 337: Monterey County..$ 30.52 22.26
AREA 429: Mariposa,
Invitation for Bid (IFB) Package 84 Rev. January 30, 2017
CONSTRUCTION CONTRACT
Merced, Stanislaus,
Tuolumne Counties...........$ 31.41 22.26
----------------------------------------------------------------
PLAS0300-005 07/01/2016
Rates Fringes
CEMENT MASON/CONCRETE FINISHER...$ 37.74 19.37
----------------------------------------------------------------
PLUM0038-001 07/01/2016
SAN FRANCISCO COUNTY
Rates Fringes
PLUMBER (Plumber,
Steamfitter, Refrigeration
Fitter)..........................$ 68.00 45.09
----------------------------------------------------------------
PLUM0038-005 07/01/2016
SAN FRANCISCO COUNTY
Rates Fringes
Landscape/Irrigation Fitter
(Underground/Utility Fitter).....$ 57.80 33.46
----------------------------------------------------------------
* PLUM0062-001 01/01/2017
MONTEREY AND SANTA CRUZ COUNTIES
Rates Fringes
PLUMBER & STEAMFITTER............$ 41.90 29.59
----------------------------------------------------------------
PLUM0159-001 07/01/2016
CONTRA COSTA COUNTY
Rates Fringes
Plumber and steamfitter
(1) Refrigeration...........$ 55.03 34.46
(2) All other work..........$ 55.92 34.44
----------------------------------------------------------------
* PLUM0246-001 01/01/2017
FRESNO, KINGS & MADERA COUNTIES
Rates Fringes
PLUMBER & STEAMFITTER............$ 38.40 29.39
----------------------------------------------------------------
* PLUM0246-004 01/01/2017
Invitation for Bid (IFB) Package 85 Rev. January 30, 2017
CONSTRUCTION CONTRACT
FRESNO, MERCED & SAN JOAQUIN COUNIES
Rates Fringes
PLUMBER (PIPE TRADESMAN).........$ 13.00 10.74
PIPE TRADESMAN SCOPE OF WORK:
Installation of corrugated metal piping for drainage, as well
as installation of corrugated metal piping for culverts in
connection with storm sewers and drains; Grouting, dry
packing and diapering of joints, holes or chases including
paving over joints, in piping; Temporary piping for dirt
work for building site preparation; Operating jack hammers,
pavement breakers, chipping guns, concrete saws and spades
to cut holes, chases and channels for piping systems;
Digging, grading, backfilling and ground preparation for
all types of pipe to all points of the jobsite; Ground
preparation including ground leveling, layout and planting
of shrubbery, trees and ground cover, including watering,
mowing, edging, pruning and fertilizing, the breaking of
concrete, digging, backfilling and tamping for the
preparation and completion of all work in connection with
lawn sprinkler and landscaping; Loading, unloading and
distributing materials at jobsite; Putting away materials
in storage bins in jobsite secure storage area; Demolition
of piping and fixtures for remodeling and additions;
Setting up and tearing down work benches, ladders and job
shacks; Clean-up and sweeping of jobsite; Pipe wrapping and
waterproofing where tar or similar material is applied for
protection of buried piping; Flagman
----------------------------------------------------------------
PLUM0342-001 07/01/2016
ALAMEDA & CONTRA COSTA COUNTIES
Rates Fringes
PIPEFITTER
CONTRA COSTA COUNTY.........$ 56.56 40.74
PLUMBER, PIPEFITTER,
STEAMFITTER
ALAMEDA COUNTY..............$ 56.56 40.74
----------------------------------------------------------------
PLUM0355-004 07/01/2015
ALAMEDA, CALAVERAS, CONTRA COSTA, FRESNO, KINGS, MADERA,
MARIPOSA, MERCED, MONTEREY, SAN BENITO, SAN JOAQUIN, SAN MATEO,
SANTA CLARA, SANTA CRUZ, STANISLAUS, AND TUOLUMNE COUNTIES:
Rates Fringes
Underground Utility Worker
Invitation for Bid (IFB) Package 86 Rev. January 30, 2017
CONSTRUCTION CONTRACT
/Landscape Fitter...........$ 28.60 10.05
----------------------------------------------------------------
PLUM0393-001 07/01/2016
SAN BENITO AND SANTA CLARA COUNTIES
Rates Fringes
PLUMBER/PIPEFITTER...............$ 58.91 38.58
----------------------------------------------------------------
* PLUM0442-001 01/01/2017
CALAVERAS, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS & TUOLUMNE
COUNTIES
Rates Fringes
PLUMBER & STEAMFITTER............$ 40.00 28.39
----------------------------------------------------------------
PLUM0467-001 07/01/2016
SAN MATEO COUNTY
Rates Fringes
Plumber/Pipefitter/Steamfitter...$ 60.70 33.46
----------------------------------------------------------------
* ROOF0027-002 01/01/2017
FRESNO, KINGS, AND MADERA COUNTIES
Rates Fringes
ROOFER...........................$ 26.01 14.21
FOOTNOTE: Work with pitch, pitch base of pitch impregnated
products or any material containing coal tar pitch, on any
building old or new, where both asphalt and pitchers are
used in the application of a built-up roof or tear off:
$2.00 per hour additional.
----------------------------------------------------------------
ROOF0040-002 08/01/2015
SAN FRANCISCO & SAN MATEO COUNTIES:
Rates Fringes
ROOFER...........................$ 35.50 15.82
----------------------------------------------------------------
ROOF0081-001 08/01/2015
ALAMEDA AND CONTRA COSTA COUNTIES:
Invitation for Bid (IFB) Package 87 Rev. January 30, 2017
CONSTRUCTION CONTRACT
Rates Fringes
Roofer...........................$ 36.08 14.90
----------------------------------------------------------------
ROOF0081-004 08/01/2015
CALAVERAS, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS AND
TUOLUMNE COUNTIES:
Rates Fringes
ROOFER...........................$ 32.71 14.65
----------------------------------------------------------------
ROOF0095-002 08/01/2015
MONTEREY, SAN BENITO, SANTA CLARA, AND SANTA CRUZ COUNTIES:
Rates Fringes
ROOFER
Journeyman..................$ 37.55 15.52
Kettle person (2 kettles);
Bitumastic, Enameler, Coal
Tar, Pitch and Mastic
worker......................$ 39.55 15.52
----------------------------------------------------------------
SFCA0483-001 08/01/2016
ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO AND SANTA CLARA
COUNTIES:
Rates Fringes
SPRINKLER FITTER (FIRE)..........$ 59.12 28.33
----------------------------------------------------------------
SFCA0669-011 04/01/2016
CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, MONTEREY,
SAN BENITO, SAN JOAQUIN, SANTA CRUZ, STANISLAUS AND TUOLUMNE
COUNTIES:
Rates Fringes
SPRINKLER FITTER.................$ 35.71 20.25
----------------------------------------------------------------
SHEE0104-001 01/01/2017
AREA 1: ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO, SANTA
CLARA
AREA 2: MONTEREY & SAN BENITO
Invitation for Bid (IFB) Package 88 Rev. January 30, 2017
CONSTRUCTION CONTRACT
AREA 3: SANTA CRUZ
Rates Fringes
SHEET METAL WORKER
AREA 1:
Mechanical Contracts
under $200,000.............$ 48.23 36.45
All Other Work.............$ 54.58 37.08
AREA 2......................$ 34.96 34.21
AREA 3......................$ 38.28 33.01
----------------------------------------------------------------
SHEE0104-003 07/01/2016
CALAVERAS AND SAN JOAQUIN COUNTIES:
Rates Fringes
SHEET METAL WORKER...............$ 38.12 30.50
----------------------------------------------------------------
SHEE0104-005 07/01/2016
MARIPOSA, MERCED, STANISLAUS AND TUOLUMNE COUNTIES:
Rates Fringes
SHEET METAL WORKER (Excluding
metal deck and siding)...........$ 36.88 33.30
----------------------------------------------------------------
SHEE0104-007 07/01/2016
FRESNO, KINGS, AND MADERA COUNTIES:
Rates Fringes
SHEET METAL WORKER...............$ 36.15 33.70
----------------------------------------------------------------
SHEE0104-015 07/01/2016
ALAMEDA, CONTRA COSTA, MONTEREY, SAN BENITO, SAN FRANCISCO, SAN
MATEO, SANTA CLARA AND SANTA CRUZ COUNTIES:
Rates Fringes
SHEET METAL WORKER (Metal
Decking and Siding only).........$ 35.64 31.49
----------------------------------------------------------------
SHEE0104-018 07/01/2016
CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, SAN
JOAQUIN, STANISLAUS AND TUOLUMNE COUNTIES:
Invitation for Bid (IFB) Package 89 Rev. January 30, 2017
CONSTRUCTION CONTRACT
Rates Fringes
Sheet metal worker (Metal
decking and siding only).........$ 35.64 31.49
----------------------------------------------------------------
TEAM0094-001 07/01/2016
Rates Fringes
Truck drivers:
GROUP 1.....................$ 29.63 26.66
GROUP 2.....................$ 29.93 26.66
GROUP 3.....................$ 30.23 26.66
GROUP 4.....................$ 30.58 26.66
GROUP 5.....................$ 30.93 26.66
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
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
Invitation for Bid (IFB) Package 90 Rev. January 30, 2017
CONSTRUCTION CONTRACT
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.
================================================================
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave
for Federal Contractors applies to all contracts subject to the
Davis-Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017. If this
contract is covered by the EO, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health-related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
health-related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the EO
is available at www.dol.gov/whd/govcontracts.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)).
Invitation for Bid (IFB) Package 91 Rev. January 30, 2017
CONSTRUCTION CONTRACT
----------------------------------------------------------------
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of "identifiers" that indicate whether the particular
rate is a union rate (current union negotiated rate for local),
a survey rate (weighted average rate) or a union average rate
(weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than "SU" or
"UAVG" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198
indicates the local union number or district council number
where applicable, i.e., Plumbers Local 0198. The next number,
005 in the example, is an internal number used in processing
the wage determination. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1,
2014.
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing
this classification and rate.
Survey Rate Identifiers
Classifications listed under the "SU" identifier indicate that
no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non-union rates. Example: SULA2012-007 5/13/2014. SU indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates
the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a
new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate
Invitation for Bid (IFB) Package 92 Rev. January 30, 2017
CONSTRUCTION CONTRACT
that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the
classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in
the example, is an internal number used in producing the wage
determination. 08/29/2014 indicates the survey completion date
for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of
each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate is
based.
----------------------------------------------------------------
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
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.
Invitation for Bid (IFB) Package 93 Rev. January 30, 2017
CONSTRUCTION CONTRACT
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
Attachment B
City of Palo Alto, Public Works Department – RWQCP
CIP WQ-14001 (Wastewater Treatment Enterprise Fund) Bid Summary for Sludge Dewatering and Loadout Facility Project (IFB166691)
Bidder Bid Amount Remarks
Engineers Estimate $20,330,000
C. Overaa & Co. $20,789,000 Low Bidder
Monterey Mechanical $22,990,000
GSE $22,662,000
CITY OF PALO ALTO CONTRACT NO. C17166486
AGREEMENT BETWEEN THE CITY OF PALO ALTO AND TANNER PACIFIC, INC.
FOR PROFESSIONAL SERVICES
This Agreement is entered into on this 17th day of April, 2017, (“Agreement”) byand between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and TANNER PACIFIC, INC, a California corporation, located at 751 Laurel Street,
Suite 609, San Carlos, CA-94070 ("CONSULTANT").
RECITALS
The following recitals are a substantive portion of this Agreement.
A. CITY intends to construct a Sludge Dewatering and Loadout Facility (“Project”) and
desires to engage a consultant to provide Construction Management services in connection with the Project (“Services”).
B. CONSULTANT has represented that it has the necessary professional expertise,
qualifications, and capability, and all required licenses and/or certifications to provide the
Services.
C. CITY in reliance on these representations desires to engage CONSULTANT to provide
the Services as more fully described in Exhibit “A”, attached to and made a part of this
Agreement.
D. CITY has applied for financial assistance from the State Water Resources Control Board’s Clean Water State Revolving Fund to fund the design, planning and construction of this
Project, and as a result this Agreement for construction management services includes certain
provisions required to maintain the City’s eligibility for such financial assistance.
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this Agreement, the parties agree:
AGREEMENT
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described at Exhibit “A” in accordance with the terms and conditions contained in this Agreement. The
performance of all Services shall be to the reasonable satisfaction of CITY.
SECTION 2. TERM.
The term of this Agreement (“Term”) begins on the date of its full execution and expires upon
satisfactory completion of the Services in accordance with the Schedule, but in no event later
than May 31, 2020 unless terminated earlier pursuant to Section 19 of this Agreement.
DocuSign Envelope ID: 617B51D9-2D5C-414D-85AA-9DBA2328C639 Attachment C
Professional Services Rev. April 27, 2016 2
SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance
of Services under this Agreement. CONSULTANT shall complete the Services within the term
of this Agreement and in accordance with the schedule set forth in Exhibit “B”, attached to and made a part of this Agreement. Any Services for which times for performance are not specified in this Agreement shall be commenced and completed by CONSULTANT in a reasonably
prompt and timely manner based upon the circumstances and direction communicated to the
CONSULTANT. CITY’s agreement to extend the term or the schedule for performance shall
not preclude recovery of damages for delay if the extension is required due to the fault of CONSULTANT.
As stated in Recital D, the City has applied for financial assistance from the State Water
Resources Control Board’s Clean Water State Revolving Fund to fund the design, planning and
construction of this Project. The City’s performance under this Agreement is therefore dependent upon funding approval from the State Water Resources Control Board. If Project funding is not provided, this Agreement will be terminated, as provided in Section 19.
By executing this Agreement, CONSULTANT expressly waives any claim for compensation due
to delays caused by the State Water Resources Control Board’s failure to provide State Revolving Fund financial assistance.
SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to
CONSULTANT for performance of the Services described in Exhibit “A” (“Basic Services”), and reimbursable expenses, shall not exceed one million eight hundred thousand Dollars ($1,800,000.00). CONSULTANT agrees to complete all Basic Services, including reimbursable
expenses, within this amount. In the event Additional Services are authorized, the total
compensation for Basic Services, Additional Services and reimbursable expenses shall not
exceed one million nine hundred eighty thousand Dollars ($1,980,000.00). The applicable rates and schedule of payment are set out at Exhibit “C-1”, entitled “HOURLY RATE SCHEDULE,” which is attached to and made a part of this Agreement. Any work performed or expenses
incurred for which payment would result in a total exceeding the maximum amount of
compensation set forth herein shall be at no cost to the CITY.
Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit “C”. CONSULTANT shall not receive any compensation for Additional Services
performed without the prior written authorization of CITY. Additional Services shall mean any
work that is determined by CITY to be necessary for the proper completion of the Project, but
which is not included within the Scope of Services described at Exhibit “A”.
SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly
invoices to the CITY describing the services performed and the applicable charges (including an
identification of personnel who performed the services, hours worked, hourly rates, and
reimbursable expenses), based upon the CONSULTANT’s billing rates (set forth in Exhibit “C-
1”). If applicable, the invoice shall also describe the percentage of completion of each task. The information in CONSULTANT’s payment requests shall be subject to verification by CITY.
CONSULTANT shall send all invoices to the City’s project manager at the address specified in
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Section 13 below. The City will generally process and pay invoices within thirty (30) days of
receipt.
SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it possesses the professional and technical personnel necessary to perform the
Services required by this Agreement and that the personnel have sufficient skill and experience
to perform the Services assigned to them. CONSULTANT represents that it, its employees and
subconsultants, if permitted, have and shall maintain during the term of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Services.
All of the services to be furnished by CONSULTANT under this agreement shall meet the
professional standard and quality that prevail among professionals in the same discipline and of similar knowledge and skill engaged in related work throughout California under the same or similar circumstances.
SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of
and in compliance with all federal, state and local laws, ordinances, regulations, and orders that may affect in any manner the Project or the performance of the Services or those engaged to perform Services under this Agreement. CONSULTANT shall procure all permits and licenses,
pay all charges and fees, and give all notices required by law in the performance of the Services.
SECTION 8. ERRORS/OMISSIONS. CONSULTANT is solely responsible for costs, including, but not limited to, increases in the cost of Services, arising from or caused by CONSULTANT’s errors and omissions, including, but not limited to, the costs of corrections
such errors and omissions, any change order markup costs, or costs arising from delay caused by
the errors and omissions or unreasonable delay in correcting the errors and omissions.
SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works project, CONSULTANT shall submit estimates of probable construction costs at each phase of
design submittal. If the total estimated construction cost at any submittal exceeds ten percent
(10%) of CITY’s stated construction budget, CONSULTANT shall make recommendations to
CITY for aligning the PROJECT design with the budget, incorporate CITY approved recommendations, and revise the design to meet the Project budget, at no additional cost to CITY.
SECTION 10. INDEPENDENT CONTRACTOR. It is understood and agreed that in
performing the Services under this Agreement CONSULTANT, and any person employed by or
contracted with CONSULTANT to furnish labor and/or materials under this Agreement, shall act as and be an independent contractor and not an agent or employee of CITY.
SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of
CONSULTANT are material considerations for this Agreement. CONSULTANT shall not
assign or transfer any interest in this Agreement nor the performance of any of CONSULTANT’s obligations hereunder without the prior written consent of the city manager.
Consent to one assignment will not be deemed to be consent to any subsequent assignment. Any
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assignment made without the approval of the city manager will be void.
SECTION 12. SUBCONTRACTING.
Option A: No Subcontractor: CONSULTANT shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of the city manager
or designee.
Option B: Subcontracts Authorized: Notwithstanding Section 11 above, CITY agrees that subconsultants may be used to complete the Services. The subconsultants authorized by CITY to perform work on this Project are:
1) Kennedy/Jenks Consultants
2) Smith Emery – San Francisco
3) WET Consulting (Chuck Fenton) 4) Bricker Valuation Services (Mike Bricker)
CONSULTANT shall be responsible for directing the work of any subconsultants and for any
compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning
compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a subconsultant. CONSULTANT shall change or add subconsultants only with the prior approval of the city manager or his designee.
SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Michael K.
Jaeger, PE, QSD/QSP as the Project/Construction Manager to have supervisory responsibility for the performance, progress, and execution of the Services and Kara Tremblay, PE as the project Resident Engineer to represent CONSULTANT during the day-to-day work on the Project. If
circumstances cause the substitution of the project director, project coordinator, or any other key
personnel for any reason, the appointment of a substitute project director and the assignment of
any key new or replacement personnel will be subject to the prior written approval of the CITY’s project manager. CONSULTANT, at CITY’s request, shall promptly remove personnel who CITY finds do not perform the Services in an acceptable manner, are uncooperative, or present a
threat to the adequate or timely completion of the Project or a threat to the safety of persons or
property.
CITY’s project manager is Padmakar M Chaobal, P.E, Public Works Department, Environmental Services Division, Water Quality Control Plant, 2501 Embarcadero Way, Palo Alto, CA 94303,
Telephone:(650)329-2287. The project manager will be CONSULTANT’s point of contact with
respect to performance, progress and execution of the Services. CITY may designate an
alternate project manager from time to time.
SECTION 14. OWNERSHIP OF MATERIALS. Upon delivery, all work product, including
without limitation, all writings, drawings, plans, reports, specifications, calculations, documents,
other materials and copyright interests developed under this Agreement shall be and remain the
exclusive property of CITY without restriction or limitation upon their use. CONSULTANT
agrees that all copyrights which arise from creation of the work pursuant to this Agreement shall be vested in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other
intellectual property rights in favor of the CITY. Neither CONSULTANT nor its contractors, if
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any, shall make any of such materials available to any individual or organization without the
prior written approval of the City Manager or designee. CONSULTANT makes no
representation of the suitability of the work product for use in or application to circumstances not
contemplated by the scope of work. SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time
during the term of this Agreement and for three (3) years thereafter, CONSULTANT’s records
pertaining to matters covered by this Agreement. CONSULTANT further agrees to maintain and
retain such records for at least three (3) years after the expiration or earlier termination of this Agreement.
SECTION 16. INDEMNITY.
[Option A applies to the following design professionals pursuant to Civil Code Section 2782.8: architects; landscape architects; registered professional engineers and licensed professional land surveyors.] 16.1. To the fullest extent permitted by law, CONSULTANT
shall protect, indemnify, defend and hold harmless CITY, its Council members, officers,
employees and agents, the State Water Resources Control Board, the California Infrastructure
and Economic Development Bank, and any trustee, and their officers, employees, and agents for the bonds issued by the California Infrastructure and Economic Development Bank for this Project, if any (each an “Indemnified Party”) from and against any and all demands, claims, or
liability of any nature, including death or injury to any person, property damage or any other
loss, including all costs and expenses of whatever nature including attorneys fees, experts fees,
court costs and disbursements (“Claims”) that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an
Indemnified Party. CONSULTANT shall cause the State Water Resources Control Board, the
California Infrastructure and Economic Development Bank, and any trustee, and their officers,
employees, and agents for the bonds issued by the California Infrastructure and Economic Development Bank for this Project, if any, to be included within the scope of any provision for the indemnification and defense of CITY in any subcontract entered into for this Project
[Option B applies to any consultant who does not qualify as a design professional as defined in Civil Code Section 2782.8.] 16.1. To the fullest extent permitted by law, CONSULTANT shall protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an “Indemnified Party”) from and against any and all
demands, claims, or liability of any nature, including death or injury to any person, property
damage or any other loss, including all costs and expenses of whatever nature including
attorneys fees, experts fees, court costs and disbursements (“Claims”) resulting from, arising out
of or in any manner related to performance or nonperformance by CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused
in part by an Indemnified Party.
16.2. Notwithstanding the above, nothing in this Section 16 shall be construed
to require CONSULTANT to indemnify an Indemnified Party from Claims arising from the active negligence, sole negligence or willful misconduct of an Indemnified Party.
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16.3. The acceptance of CONSULTANT’s services and duties by CITY shall
not operate as a waiver of the right of indemnification. The provisions of this Section 16 shall
survive the expiration or early termination of this Agreement.
SECTION 17. WAIVERS. The waiver by either party of any breach or violation of any covenant, term, condition or provision of this Agreement, or of the provisions of any ordinance
or law, will not be deemed to be a waiver of any other term, covenant, condition, provisions,
ordinance or law, or of any subsequent breach or violation of the same or of any other term,
covenant, condition, provision, ordinance or law. SECTION 18. INSURANCE.
18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in
full force and effect during the term of this Agreement, the insurance coverage described in Exhibit "D". CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY, and the State Water Board, including its officers, agents, employees, and servants,
as additional insureds under any general liability or automobile policy or policies.
18.2. All insurance coverage required hereunder shall be provided through carriers with AM Best’s Key Rating Guide ratings of A-:VII or higher which are licensed or authorized to transact insurance business in the State of California. Any and all contractors of
CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in
full force and effect during the term of this Agreement, identical insurance coverage, naming
CITY as an additional insured under such policies as required above. 18.3. Certificates evidencing such insurance shall be filed with CITY
concurrently with the execution of this Agreement. The certificates will be subject to the
approval of CITY’s Risk Manager and will contain an endorsement stating that the insurance is
primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days' prior written notice of the cancellation or modification. If the insurer cancels or modifies the insurance and provides
less than thirty (30) days’ notice to CONSULTANT, CONSULTANT shall provide the
Purchasing Manager written notice of the cancellation or modification within two (2) business
days of the CONSULTANT’s receipt of such notice. CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY’s Chief Procurement Officer during the entire term of this Agreement.
18.4. The procuring of such required policy or policies of insurance will not be
construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification
provisions of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss
caused by or directly arising as a result of the Services performed under this Agreement,
including such damage, injury, or loss arising after the Agreement is terminated or the term has
expired.
SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
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19.1. The City Manager may suspend the performance of the Services, in whole
or in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior
written notice thereof to CONSULTANT. Upon receipt of such notice, CONSULTANT will
immediately discontinue its performance of the Services. 19.2. CONSULTANT may terminate this Agreement or suspend its
performance of the Services by giving thirty (30) days prior written notice thereof to CITY, but
only in the event of a substantial failure of performance by CITY.
19.3. Upon such suspension or termination, CONSULTANT shall deliver to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and
other data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or
given to CONSULTANT or its contractors, if any, in connection with this Agreement. Such
materials will become the property of CITY. 19.4. Upon such suspension or termination by CITY, CONSULTANT will be
paid for the Services rendered or materials delivered to CITY in accordance with the scope of
services on or before the effective date (i.e., 10 days after giving notice) of suspension or
termination; provided, however, if this Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s services which are of direct and immediate benefit to CITY as such
determination may be made by the City Manager acting in the reasonable exercise of his/her
discretion. The following Sections will survive any expiration or termination of this Agreement:
14, 15, 16, 19.4, 20, and 25. 19.5. No payment, partial payment, acceptance, or partial acceptance by CITY
will operate as a waiver on the part of CITY of any of its rights under this Agreement.
SECTION 20. NOTICES. All notices hereunder will be given in writing and mailed, postage prepaid, by
certified mail, addressed as follows:
To CITY: Office of the City Clerk City of Palo Alto Post Office Box 10250
Palo Alto, CA 94303
With a copy to the Purchasing Manager
To CONSULTANT: Attention of the project director
at the address of CONSULTANT recited above
SECTION 21. CONFLICT OF INTEREST.
21.1. In accepting this Agreement, CONSULTANT covenants that it presently
has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which
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would conflict in any manner or degree with the performance of the Services.
21.2. CONSULTANT further covenants that, in the performance of this
Agreement, it will not employ subconsultants, contractors or persons having such an interest. CONSULTANT certifies that no person who has or will have any financial interest under this Agreement is an officer or employee of CITY; this provision will be interpreted in accordance
with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the
State of California.
21.3. If the Project Manager determines that CONSULTANT is a “Consultant” as that term is defined by the Regulations of the Fair Political Practices Commission,
CONSULTANT shall be required and agrees to file the appropriate financial disclosure
documents required by the Palo Alto Municipal Code and the Political Reform Act.
SECTION 22. NONDISCRIMINATION. 22.1 Municipal Code Requirements. As set forth in Palo Alto Municipal
Code section 2.30.510, CONSULTANT certifies that in the performance of this Agreement, it
shall not discriminate in the employment of any person because of the race, skin color, gender,
age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code
relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to
meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment.
22.2 State Water Resources Control Board Non-Discrimination Requirement.
(a) In compliance with requirements of the State Water Resources Control Board financial
assistance agreement approved by City on April 17, 2017, during the performance of this Agreement, CONSULTANT and its subconsultants shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color,
ancestry, religious creed, national origin, sexual orientation, physical disability (including HIV
and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, denial of
family care leave, or genetic information, gender, gender identity, gender expression, or military and veteran status.
(b) CONSULTANT and its subconsultants shall ensure that the evaluation and treatment of
their employees and applicants for employment are free from such discrimination and
harassment.
(c) CONSULTANT and its subconsultants shall comply with the provisions of the Fair
Employment and Housing Act and the applicable regulations promulgated thereunder. (Gov.
Code, §12990, subds. (a)-(f) et seq.;Cal. Code Regs., tit. 2, § 7285 et seq.) Such regulations are
incorporated into this Agreement by reference and made a part hereof as if set forth in full.
(d) CONSULTANT and its subconsultants shall give written notice of their obligations
under this clause to labor organizations with which they have a collective bargaining or other
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agreement.
SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONSULTANT shall comply with the CITY’s Environmentally Preferred Purchasing policies which are available at CITY’s Purchasing Department,
incorporated by reference and may be amended from time to time. CONSULTANT shall comply
with waste reduction, reuse, recycling and disposal requirements of CITY’s Zero Waste
Program. Zero Waste best practices include first minimizing and reducing waste; second, reusing waste and third, recycling or composting waste. In particular, CONSULTANT shall comply with the following zero waste requirements:
(a) All printed materials provided by CCONSULTANT to CITY generated from a
personal computer and printer including but not limited to, proposals, quotes,
invoices, reports, and public education materials, shall be double-sided and printed on a minimum of 30% or greater post-consumer content paper, unless otherwise approved by CITY’s Project Manager. Any submitted materials printed
by a professional printing company shall be a minimum of 30% or greater post-
consumer material and printed with vegetable based inks.
(b) Goods purchased by CONSULTANT on behalf of CITY shall be purchased in accordance with CITY’s Environmental Purchasing Policy including but not limited to Extended Producer Responsibility requirements for products and
packaging. A copy of this policy is on file at the Purchasing Division’s office.
(c) Reusable/returnable pallets shall be taken back by CONSULTANT, at no
additional cost to CITY, for reuse or recycling. CONSULTANT shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed.
SECTION 24. COMPLIANCE WITH PALO ALTO MINIMUM WAGE ORDINANCE.
CONSULTANT shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as it may be amended from time to time. In particular, for any employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of
work in a calendar week within the geographic boundaries of the City, CONSULTANT shall pay
such employees no less than the minimum wage set forth in Palo Alto Municipal Code section
4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In addition, CONSULTANT shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code section 4.62.060.
SECTION 25. NON-APPROPRIATION
25.1. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any
penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the
following fiscal year, or (b) at any time within a fiscal year in the event that funds are only
appropriated for a portion of the fiscal year and funds for this Agreement are no longer available.
This section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement.
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SECTION 26. PREVAILING WAGES AND DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS
26.1 This Project is not subject to prevailing wages. CONSULTANT is not required to pay prevailing wages in the performance and implementation of the Project in accordance with SB 7 if the contract is not a public works contract, if the contract does not
include a public works construction project of more than $25,000, or the contract does not
include a public works alteration, demolition, repair, or maintenance (collectively,
‘improvement’) project of more than $15,000. OR
26.1 CONSULTANT is required to pay general prevailing wages as defined in
Subchapter 3, Title 8 of the California Code of Regulations and Section 16000 et seq. and Section 1773.1 of the California Labor Code. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate
of per diem wages and the general rate for holiday and overtime work in this locality for each
craft, classification, or type of worker needed to execute the contract for this Project from the
Director of the Department of Industrial Relations (“DIR”). Copies of these rates may be obtained at the Purchasing Division’s office of the City of Palo Alto. CONSULTANT shall provide a copy of prevailing wage rates to any staff or subcontractor hired, and shall pay the
adopted prevailing wage rates as a minimum. CONSULTANT shall comply with the provisions
of all sections, including, but not limited to, Sections 1775, 1776, 1777.5, 1782, 1810, and 1813,
of the Labor Code pertaining to prevailing wages. In addition, CONSULTANT shall comply with the provisions of the Davis Bacon Act if applicable. [Note: the work performed by Consultant’s “Inspector” position is subject to California prevailing wage rates (see Exhibit C-1);
otherwise, this Agreement is not subject to prevailing wages.]
26.2 CONSULTANT shall comply with the requirements of Exhibit “E” for any contract for public works construction, alteration, demolition, repair or maintenance.
SECTION 27. MISCELLANEOUS PROVISIONS.
27.1. This Agreement will be governed by the laws of the State of California.
27.2. In the event that an action is brought, the parties agree that trial of such
action will be vested exclusively in the state courts of California in the County of Santa Clara,
State of California.
27.3. The prevailing party in any action brought to enforce the provisions of this
Agreement may recover its reasonable costs and attorneys' fees expended in connection with that
action. The prevailing party shall be entitled to recover an amount equal to the fair market value
of legal services provided by attorneys employed by it as well as any attorneys’ fees paid to third
parties.
27.4. This document represents the entire and integrated agreement between the
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parties and supersedes all prior negotiations, representations, and contracts, either written or oral.
This document may be amended only by a written instrument, which is signed by the parties.
27.5. The covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the parties.
27.6. If a court of competent jurisdiction finds or rules that any provision of this
Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this Agreement and any amendments thereto will remain in full force and effect.
27.7. All exhibits referred to in this Agreement and any addenda, appendices,
attachments, and schedules to this Agreement which, from time to time, may be referred to in
any duly executed amendment hereto are by such reference incorporated in this Agreement and will be deemed to be a part of this Agreement.
27.8 In the event of a conflict between the terms of this Agreement and the
exhibits hereto or CONSULTANT’s proposal (if any), the Agreement shall control. In the case
of any conflict between the exhibits hereto and CONSULTANT’s proposal, the exhibits shall control.
27.9 If, pursuant to this contract with CONSULTANT, CITY shares with
CONSULTANT personal information as defined in California Civil Code section 1798.81.5(d)
about a California resident (“Personal Information”), CONSULTANT shall maintain reasonable and appropriate security procedures to protect that Personal Information, and shall inform City immediately upon learning that there has been a breach in the security of the system or in the
security of the Personal Information. CONSULTANT shall not use Personal Information for
direct marketing purposes without City’s express written consent.
27.10 All unchecked boxes do not apply to this agreement.
27.11 The individuals executing this Agreement represent and warrant that they
have the legal capacity and authority to do so on behalf of their respective legal entities.
27.12 This Agreement may be signed in multiple counterparts, which shall, when
executed by all the parties, constitute a single binding agreement
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CONTRACT No. C17166486 SIGNATURE PAGE
IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written.
CITY OF PALO ALTO
City Manager (Contract over $85k)
Purchasing Manager (Contract over $50k)
Contracts Administrator (Contract under $50k)
APPROVED AS TO FORM:
City Attorney or designee
(Contract over $25k)
Contracts Administrator (Checklist Approval)
TANNER PACIFIC, INC.
Officer 1
By:
Name:
Title:
Officer 2 (Required for Corp. or LLC)
By:
Name:
Title:
Attachments: EXHIBIT “A”: SCOPE OF SERVICES
EXHIBIT “B”: SCHEDULE OF PERFORMANCE
EXHIBIT “C”: COMPENSATION
EXHIBIT “C-1”: SCHEDULE OF RATES EXHIBIT “D”: INSURANCE REQUIREMENTS EXHIBIT “E”: DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS
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President/CEO
William Tanner
Kathryn Tanner
Board Secretary
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EXHIBIT “A” SCOPE OF SERVICES
CONSTRUCTION MANAGEMENT FOR SLUDGE DEWATERING AND
LOADOUT FACILITY
Consultant Tanner Pacific has agreed to provide construction management services to the City for the RWQCP Sludge Dewatering and Loadout Facility Project. This Exhibit sets forth the scope of those services. For purposes of this Exhibit, the project participants are identified as
follows:
City of Palo Alto Regional Water Quality Control Plant (RWQCP): “OWNER”
City’s Design Consultant/Resident Engineer CH2M Hill: “ENGINEER” Construction Management Consultant Tanner Pacific: “CM”
City’s Construction Contractor C. Overaa & Co. : “CONTRACTOR”
A. Preconstruction Phase Tasks
1. Construction Kick-off Meeting
a. The CM will prepare the agenda for the meeting, facilitate the meeting,
address administrative and non-design issues, and prepare record of
discussions of the meeting for distribution. OWNER, ENGINEER and
CONTRACTOR’s team will attend the meeting. The ENGINEER will
address design issues.
2. Administration and Office Set-Up
a. The CM will setup the files for the project prior to commencement of
construction and coordinate with the OWNER and CONTRACTOR for
office trailer set-up.
b. OWNER will designate location for the office trailer and provide utility
connection points.
c. The CM will provide office trailer, copier, phone/service, and internet
access.
3. Preconstruction Walk/Photos/Video
a. The CM will conduct preconstruction inspections documenting conditions
using digital photographs and video.
B. Construction Phase
1. Construction Administration
a. Project Coordination: The CM will act as the project coordinator and the
point of contact for all communications with the CONTRACTOR. The
CM will coordinate activities of the OWNER, ENGINEER, and
CONTRACTOR
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b. Document Tracking System: The CM will establish, implement and
maintain an online system for tracking all correspondence and documents
on the Project. The CM will incorporate within the tracking system the
means to track the routing of submittals/RFIs to the OWNER’s other
consultants.
c. Construction Administration Services: The CM will provide
administrative and management services. The CM will receive all
correspondence from the CONTRACTOR and address all inquiries from
the CONTRACTOR and construction related correspondence. The
ENGINEER will be responsible for providing design input.
2. Meetings
a. The CM will prepare agenda for progress meetings and other construction
meetings required during the Project, which will include weekly meetings
with the CONTRACTOR and ENGINEER.
b. The CM will facilitate and prepare records of discussions for the progress
meetings and other construction related meetings.
3. Submittals
a. The CM will establish, implement and coordinate the submittal
processing.
b. The CM will receive the submittals from the Contractor and check the
submittals for general conformity with the Contract requirements. If
obvious deficiencies are apparent in the submittal, the CM will send the
submittal back to the Contractor for correction.
c. The CM will route the submittal to the ENGINEER for review and will
route the reviewed submittal back to the CONTRACTOR. The CM will
review comments on the submittals to determine if additional follow-up
with the CONTRACTOR is warranted and to identify any scope changes.
d. The CM will maintain an online log and tracking system for submittals.
The CM will track the status of submittal review with the ENGINEER and
the status of shop drawing resubmittals with the CONTRACTOR.
e. ENGINEER to review all design related submittals and all submittals for
temporary facilities.
4. Request for Information/Clarification Process
a. The CM will establish, implement and coordinate an online system for
processing requests for design clarifications.
b. The CM will receive all requests for information (RFIs) from the
CONTRACTOR and determine if the request is a valid RFI; if not, the
CM will return the RFI to the CONTRACTOR.
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Professional Services Rev. April 27, 2016 15
c. The CM will provide a response within 10 days to the CONTRACTOR for
any administrative and general RFI.
d. The CM will electronically route all other RFIs to the ENGINEER.
e. The ENGINEER will review the RFIs and provide design response.
f. The CM will review the ENGINEER’s response, verify acceptability of
response and transmit the Clarification Response to the CONTRACTOR.
g. The CM will maintain an online system for logging and tracking RFIs.
h. The ENGINEER will prepare Design Clarifications where design issues
are identified by the CM, the ENGINEER, or the OWNER. The CM will
prepare the Clarification Letter for transmittal to the CONTRACTOR of
the ENGINEER’s Design Clarification and other clarifications.
5. Change Order Preparation, Negotiation & Processing
a. The CM will review all change order requests (OWNER initiated and
CONTRACTOR initiated).
b. The CM will judge the validity and/or merits of all CONTRACTOR
initiated change order requests. CONTRACTOR initiated change orders
deemed unnecessary, or not substantiated by a deficiency in the
construction documents will be returned to CONTRACTOR unapproved
with an explanation.
c. The ENGINEER will prepare design details for change requests.
d. The CM will prepare and issue approved change order requests to the
CONTRACTOR with the appropriate design documents.
e. The CM will prepare an independent cost estimate and/or verify the
acceptability of the CONTRACTOR’s cost proposal for each approved
change request. The ENGINEER’s input may be requested for specific
equipment and material costs.
f. In the event the CONTRACTOR encounters a time sensitive problem
where time is not available to negotiate a settlement, the CM will issue a
field order. All work done under a field order will be completed on a time
and material basis. Field orders will be reviewed and approved with the
OWNER prior to issuance.
g. The CM will negotiate change orders with the CONTRACTOR,
considering impact to the schedule, as well as, reasonableness of cost, and
impact to total project budget.
h. The CM will prepare change orders for execution by the OWNER and
CONTRACTOR.
i. The CM will prepare a Change Order Memorandum, if requested by the
OWNER, to provide additional background discussion for need of the
change and reasonableness of cost and schedule impact.
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Professional Services Rev. April 27, 2016 16
j. The CM will implement and maintain a system for logging and tracking
changes.
k. The CM will establish and maintain Change Event Files. These files will
compile all data related to specific items that arise that may have cost or
time impacts.
6. Documentation of Environmental Compliance
a. The CM will document compliance with environmental permitting and
mitigation measures in accordance with the requirements of the environmental
documents and regulatory permits.
7. Progress Payment
a. The CM will review the initial cost breakdown prepared by the
CONTRACTOR and will establish a progress payment request form for
the CONTRACTOR’s use which is compatible with the State Revolving
Fund (SRF) CONTRACTOR Spreadsheet (Form No. 259) and acceptable
to SRF, Financial Assistance Division.
b. The CM will review and process the progress payment requests and
determine whether the amount requested reflects the actual status of the
Contractor’s work in place, materials on site and other contract
requirements.
c. The CM will verify the CONTRACTOR’s construction progress as it
relates to the progress billing procedure.
d. The CM will perform the appropriate administration, preparation and
processing of the monthly progress payments so the OWNER can respond
in accordance with the time periods set forth in the Public Contract Code.
e. The CM will prepare the summary cover sheet for the progress payments
which will be executed by the CM, the CONTRACTOR and the OWNER.
f. The CM will not recommend final payment to the CONTRACTOR until
the CM has determined CONTRACTOR has complied with the project
closeout requirements, including record documents, warranties, and
operations and maintenance manuals.
g. The CM will provide, prepare, and have ready to submit to the State SRF
all needed documentation needed to obtain monthly SRF loan
disbursements during the construction period. The OWNER will submit
the documentation to the State.
8. CONTRACTOR’s Certified Payroll
a. On a bi-weekly basis, or when otherwise requested by the OWNER, State,
or other agency or public inquiry, the CM will collect but not review
certified payroll from the CONTRACTOR. Apart from the regular, bi-
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Professional Services Rev. April 27, 2016 17
weekly collection, the CM will obtain payroll records within 10 days of
the OWNER’s request.
b. CONTRACTOR is responsible for submitting electronically their certified
payroll records to the State Department of Industrial Relations.
9. Scheduling
a. The CM will review CONTRACTOR’s initial Baseline schedule submittal
to determine whether it is realistic and prepared in accordance with the
Contract Documents, that the milestone and Substantial Completion dates
meet the overall goal for schedule and that no major conflicts exist. The
CM will advise OWNER of the review determination and provide written
comments to the CONTRACTOR.
b. The CM will review the CONTRACTOR’s schedule updates and provide
written comments to the submitted update.
c. The CM will review the impact of change orders on the schedule and
consider schedule impacts in negotiations with the CONTRACTOR on
change orders.
d. The CM will review and evaluate the CONTRACTOR’s requests for
Contract Time extension and make written recommendations to the
OWNER regarding entitlement and the number of days, if any, to be
added to the Contract Time(s). If requested by the OWNER, The CM will
provide a written assessment of the time request. The CM in conjunction
with the OWNER will negotiate schedule adjustments with the
CONTRACTOR.
10. Field Quality Control
a. The CM will provide field observation services to monitor compliance
with the Contract Documents.
b. The CM will prepare daily inspection reports documenting observed field
activities, field crews, CONTRACTOR equipment, and field problems.
c. No allowance is included in the budget for overtime inspection.
d. The CM will provide and maintain photographs of field activities for
status monitoring of the project.
e. The CM will monitor record documents on a monthly basis to determine if
they are being maintained by the CONTRACTOR and are in substantial
conformance with the CM’s information.
f. Special Inspections: The CM will furnish the materials testing and Special
Inspections required to be performed for the Project.
1. Special Inspection and materials testing will include:
a. Soils compaction and relevant testing
b. Asphalt compaction and relevant testing
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Professional Services Rev. April 27, 2016 18
c. Concrete sampling and testing
d. Structural steel welding
2. The CM will schedule and coordinate the material testing services
and have oversight responsibility for the specialty inspections and
testing services.
11. System Outages
a. The CM will review and evaluate the CONTRACTOR’s outage requests.
In conjunction with the OWNER, the CM will assess the reasonableness
of the duration of the requested shutdown.
b. The CM will facilitate/coordinate shutdowns with the CONTRACTOR,
OWNER, and ENGINEER.
c. OWNER is responsible for reviewing system outage requests, confirming
the outage is properly planned, implementing the outage, and bringing
services back on line after the outage.
12. Means and Methods of Construction
a. The CM will not have responsibility for directing the means and methods
of construction. The CONTRACTOR shall be solely responsible for the
means and methods of construction.
13. Safety
a. The CM will comply with appropriate regulatory, project and City
regulations regarding necessary safety equipment and procedures used
during performance of the CM’s work and shall take necessary
precautions for safe operation of the CM’s work, and the protection of the
CM’s personnel from injury and damage from such work.
b. Neither the professional activities of the CM, nor the presence of the CM’s
employees or sub-consultants at the construction/project site, shall relieve
the CONTRACTOR and any other entity of their obligations, duties and
responsibilities including, but not limited to, construction means, methods,
sequence, techniques or procedures necessary for performing,
superintending, or coordinating their work in accordance with the Contract
Documents, City regulations, and any health or safety precautions required
by any regulatory agencies. The CM and its personnel have no authority
to exercise any control over any CONTRACTOR or other entity or their
employees in connection with their work or any health or safety
precautions.
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Professional Services Rev. April 27, 2016 19
14. Spare Parts
a. The CM will prepare a list of required spare parts from the specifications,
inventory spare parts as they are delivered by the CONTRACTOR, and
transfer spare parts to the OWNER.
15. Operation and Maintenance (O&M) Manuals
a. The CM will prepare a list of anticipated O&M Manuals and track the
submittal and review process similar to “Submittals” above, and transfer
final copies to the OWNER.
16. Testing and Training
a. The CM will coordinate training requirements and activities.
b. The ENGINEER will provide design assistance during testing operations.
c. The CM will work with the CONTRACTOR, the ENGINEER and the
OWNER on the development of the Testing and Startup Plan.
d. The CM will provide oversight and administration of training and testing.
e. The CM will coordinate the training with the CONTRACTOR, Vendor
and WQCP staff. Some equipment, such as loadout equipment, will need
training for third party personnel (truck drivers for the hauling contractor)
with whom the OWNER will be contracting with. The OWNER will
provide the vendor contact information.
f. The CM will observe start-up and testing as the OWNER’s representative
and maintain copies of start-up documentation in an organized binder that
will be turned over at the end of the project.
g. The CM will attend training sessions and collect attendance sheets and
copies of training material.
17. Corrective Work Item List
a. The CM will prepare and maintain a Corrective Work Item list (CWL)
with the input from the OWNER and ENGINEER.
b. The CM will confirm that the items identified in the CWL are completed
in preparation for issuance of Substantial Completion Certificate (SCC).
c. The CM will prepare the SCC for execution by the OWNER and the
CONTRACTOR when the Corrective Work Items are completed to the
OWNER’s and The CM’s satisfaction.
C. Project Closeout Phase
1. Final Inspection and Punch-list
a. Final Inspection
1. The CM will have primary responsibility for conducting the final
inspection.
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Professional Services Rev. April 27, 2016 20
2. The OWNER will participate and provide input on the final
inspection.
3. ENGINEER will provide design input on final inspection items if
determined necessary by the OWNER.
4. The CM will be responsible for oversight and review of the final
inspection.
b. The CM will prepare the list of outstanding deficiencies.
c. The CM will prepare and issue the Punch-list(s) from the list of
deficiencies.
d. The CM will have primary responsibility for verifying that the Punch-list
work is complete.
2. Warranty Coordination
a. The CM will maintain a warranty file.
3. Project Closeout
a. CONTRACTOR will furnish record documents, which the CM will
review and turn over to ENGINEER for conforming and final issuance to
OWNER.
b. The CM will prepare necessary OWNER documentation recommending
acceptance of the completed work by the OWNER.
c. The CM will turnover project documentation to the OWNER in an orderly
manner and in a timely manner after completion of the project and all
Punch-list activities. The CM will retain all issue files at the end of the
project. The OWNER shall have the right to request review and/or copies
of the change events files.
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Professional Services Rev. April 27, 2016 21
EXHIBIT “B” SCHEDULE OF PERFORMANCE
CONSULTANT shall perform the Services so as to complete each milestone within the number of days/weeks specified below. The time to complete each milestone may be increased or decreased by mutual written agreement of the project managers for CONSULTANT and CITY
so long as all work is completed within the term of the Agreement. CONSULTANT shall
provide a detailed schedule of work consistent with the schedule below within 2 weeks of receipt
of the notice to proceed. Milestones Completion
No. of Weeks
From NTP
1. Task 1 Pre-Construction 8
2. Task 2 - Construction 94
3. Task 3 – Project Close Out 104
DocuSign Envelope ID: 617B51D9-2D5C-414D-85AA-9DBA2328C639
Professional Services Rev. April 27, 2016 22
EXHIBIT “C”
COMPENSATION
The CITY agrees to compensate the CONSULTANT for professional services performed
in accordance with the terms and conditions of this Agreement, and as set forth in the
budget schedule below. Compensation shall be calculated based on the hourly rate
schedule attached as exhibit C-1 up to the not to exceed budget amount for each task set forth below.
CONSULTANT shall perform the tasks and categories of work as outlined and budgeted
below. The CITY’s Project Manager may approve in writing the transfer of budget
amounts between any of the tasks or categories listed below provided the total
compensation for Basic Services, including reimbursable expenses, and the total compensation for Additional Services do not exceed the amounts set forth in Section 4 of
this Agreement.
BUDGET SCHEDULE NOT TO EXCEED AMOUNT
Task 1 $11,000.00
(Pre-Construction)
Task 2 $1,704,000.00
(Construction)
Task 3 $65,000.00
(Project Close Out)
Sub-total Basic Services $1,780,000.00
Reimbursable Expenses $20,000.00
Total Basic Services and Reimbursable expenses $1,800,000.00
Additional Services (Not to Exceed) $180,000.00
Maximum Total Compensation $1,980,000.00
REIMBURSABLE EXPENSES The administrative, overhead, secretarial time or secretarial overtime, word processing,
photocopying, in-house printing, insurance and other ordinary business expenses are
included within the scope of payment for services and are not reimbursable expenses.
DocuSign Envelope ID: 617B51D9-2D5C-414D-85AA-9DBA2328C639
Professional Services Rev. April 27, 2016 23
CITY shall reimburse CONSULTANT for the following reimbursable expenses at cost.
Expenses for which CONSULTANT shall be reimbursed are:
A. Travel outside the San Francisco Bay area, including transportation and meals, will be reimbursed at actual cost subject to the City of Palo Alto’s policy for reimbursement of travel and meal expenses for City of Palo Alto employees.
B. Long distance telephone service charges, cellular phone service charges, facsimile
transmission and postage charges are reimbursable at actual cost. All requests for payment of expenses shall be accompanied by appropriate backup
information. Any expense anticipated to be more than $1,000.00 shall be approved in
advance by the CITY’s project manager.
ADDITIONAL SERVICES
The CONSULTANT shall provide additional services only by advanced, written
authorization from the CITY. The CONSULTANT, at the CITY’s project manager’s
request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONSULTANT’s proposed maximum compensation, including reimbursable expense, for such services based on the rates set
forth in Exhibit C-1. The additional services scope, schedule and maximum
compensation shall be negotiated and agreed to in writing by the CITY’s Project
Manager and CONSULTANT prior to commencement of the services. Payment for additional services is subject to all requirements and restrictions in this Agreement
Work required because the following conditions are not satisfied or are exceeded shall be
considered as additional services:
Assist CITY with any additional work related to projects covered under Long Range Facilities Plan (LRFP).
DocuSign Envelope ID: 617B51D9-2D5C-414D-85AA-9DBA2328C639
Professional Services Rev. April 27, 2016 24
EXHIBIT “C-1” SCHEDULE OF RATES
TANNER PACIFIC, Inc. Range of
Hourly Rates1
Staff Title
2017 2018 2019 Principal/Construction Manager $220.00 $225.00 $230.00
Resident Engineer $112.00 $117.00 $122.00
Office/Field Engineer $101.00 $106.00 $111.00
Inspector2 $151.00 $156.00 $161.00 Administrative Assistant $90.00 $92.00 $94.00 Intern $45.00 $46.00 $47.00
1 Effective dates 6/30/16-11/1/19
2 Subject to California Prevailing Wage
Subconsultants All Subconsultants invoiced at cost plus 5 percent
Smith Emery – Prevailing Wage
Bricker Valuation Services - $150/Hr
Wet Consulting - $180/Hr
Expenses
Direct expenses, as listed below, incurred in connection with the work, will be at cost:
Delivery services
Outside reproduction
Travel outside the Bay Area
All other extraordinary expenses invoiced at cost
The foregoing Fee Schedule is incorporated into the agreement for the services provided,
effective June 30, 2016 through June 30 2018. After June 30, 2018, invoices will reflect the Fee
Schedule currently in effect.
KENNEDY/JENKS CONSULTING (SUBCONSULTANT)
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Professional Services Rev. April 27, 2016 25
CAD-Technician $99.00
Designer-Senior Technician $134.00
Engineer-Scientist-Specialist 1 $113.00
Engineer-Scientist-Specialist 2 $129.00 Engineer-Scientist-Specialist 3 $152.00 Engineer-Scientist-Specialist 4 $168.00
Engineer-Scientist-Specialist 5 $187.00
Engineer-Scientist-Specialist 6 $199.00
Engineer-Scientist-Specialist 7 $224.00 Engineer-Scientist-Specialist 8 $262.00 Engineer-Scientist-Specialist 9 $266.00
Project Administrator $93.00
Administrative Assistant $72.00
Construction Support/Inspector $155.00
Aide $57.00
Mike Bricker $150.00 Chuck Fenton $180.00
SMITH EMERY (SUBCONSULTANT)
Personnel and Field Testing $89.00
Staff Professional $105.00
Laboratory Testing
Maximum Density-Soil/AB/HMA $185.00 ea
Test - Concrete Cylinder and Soil Density $30.00 ea
Concrete Cylinder or Grout Cube Pick-up $5.00 ea
DocuSign Envelope ID: 617B51D9-2D5C-414D-85AA-9DBA2328C639
Attachment B
Department of Labor Wage Determination
Available as of February 14, 2017
EXHIBIT C-1
26
DocuSign Envelope ID: 617B51D9-2D5C-414D-85AA-9DBA2328C639
General Decision Number: CA170029 01/27/2017 CA29
Superseded General Decision Number: CA20160029
State: California
Construction Types: Building, Heavy (Heavy and Dredging) and
Highway
Counties: Alameda, Calaveras, Contra Costa, Fresno, Kings,
Madera, Mariposa, Merced, Monterey, San Benito, San Francisco,
San Joaquin, San Mateo, Santa Clara, Santa Cruz, Stanislaus and
Tuolumne Counties in California.
BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not
include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does
not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS
Note: Under Executive Order (EO) 13658, an hourly minimum wage
of $10.20 for calendar year 2017 applies to all contracts
subject to the Davis-Bacon Act for which the contract is
awarded (and any solicitation was issued) on or after January
1, 2015. If this contract is covered by the EO, the contractor
must pay all workers in any classification listed on this wage
determination at least $10.20 (or the applicable wage rate
listed on this wage determination, if it is higher) for all
hours spent performing on the contract in calendar year 2017.
The EO minimum wage rate will be adjusted annually. Additional
information on contractor requirements and worker protections
under the EO is available at www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/06/2017
1 01/20/2017
2 01/27/2017
ASBE0016-004 01/01/2015
AREA 1: CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED,
MONTEREY, SAN BENITO, SAN JOAQUIN, SANTA CRUZ, STANISLAUS &
TOULMNE COUNTIES
AREA 2: ALAMEDA, CONTRA COSTA, SAN FRANSICO, SAN MATEO & SANTA
CLARA COUNTIES
Rates Fringes
Asbestos Removal
worker/hazardous material
handler (Includes
preparation, wetting,
stripping, removal,
scrapping, vacuuming, bagging
EXHIBIT C-1
27
DocuSign Envelope ID: 617B51D9-2D5C-414D-85AA-9DBA2328C639
and disposing of all
insulation materials from
mechanical systems, whether
they contain asbestos or not)
Area 1......................$ 28.30 7.75
Area 2......................$ 32.38 7.75
----------------------------------------------------------------
ASBE0016-008 08/01/2016
AREA 1: ALAMEDA, CONTRA COSTA, MONTEREY, SAN BENITO, SAN
FRANSICO, SAN MATEO, SANTA CLARA, & SANTA CRUZ
AREA 2: CALAVERAS, COLUSA, FRESNO, KINGS, MADERA, MARIPOSA,
MERCED, SAN JOAQUIN, STANISLAU, & TUOLUMNE
Rates Fringes
Asbestos Workers/Insulator
(Includes the application of
all insulating materials,
Protective Coverings,
Coatings, and Finishes to all
types of mechanical systems)
Area 1......................$ 62.36 23.10
Area 2......................$ 46.96 23.10
----------------------------------------------------------------
BOIL0549-001 01/01/2013
AREA 1: ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO & SANTA
CLARA COUNTIES
AREA 2: REMAINING COUNTIES
Rates Fringes
BOILERMAKER
Area 1......................$ 42.06 33.43
Area 2......................$ 38.37 31.32
----------------------------------------------------------------
BRCA0003-001 08/01/2016
Rates Fringes
MARBLE FINISHER..................$ 31.17 14.94
----------------------------------------------------------------
BRCA0003-003 08/01/2016
Rates Fringes
MARBLE MASON.....................$ 41.77 26.36
----------------------------------------------------------------
BRCA0003-005 05/01/2016
Rates Fringes
EXHIBIT C-1
28
DocuSign Envelope ID: 617B51D9-2D5C-414D-85AA-9DBA2328C639
BRICKLAYER
( 1) Fresno, Kings,
Madera, Mariposa, Merced....$ 37.04 21.13
( 7) San Francisco, San
Mateo.......................$ 40.89 25.78
( 8) Alameda, Contra
Costa, San Benito, Santa
Clara.......................$ 42.70 21.67
( 9) Calaveras, San
Joaquin, Stanislaus,
Toulumne....................$ 38.21 20.71
(16) Monterey, Santa Cruz...$ 39.51 23.49
----------------------------------------------------------------
BRCA0003-008 07/01/2016
Rates Fringes
TERRAZZO FINISHER................$ 34.43 16.58
TERRAZZO WORKER/SETTER...........$ 42.41 26.31
----------------------------------------------------------------
BRCA0003-011 10/01/2016
AREA 1: Alameda, Contra Costa, Monterey, San Benito, San
Francisco, San Mateo, Santa Clara, Santa Cruz
AREA 2: Calaveras, San Joaquin, Stanislaus, Tuolumne
AREA 3: Fresno, Kings, Madera, Mariposa, Merced
Rates Fringes
TILE FINISHER
Area 1......................$ 25.46 14.54
Area 2......................$ 23.31 12.90
Area 3......................$ 23.88 13.68
Tile Layer
Area 1......................$ 43.90 16.29
Area 2......................$ 37.71 14.19
Area 3......................$ 34.40 15.59
----------------------------------------------------------------
CARP0022-001 07/01/2016
San Francisco County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 44.40 28.20
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 44.55 28.20
Journeyman Carpenter........$ 44.40 28.20
Millwright..................$ 44.50 29.79
EXHIBIT C-1
29
DocuSign Envelope ID: 617B51D9-2D5C-414D-85AA-9DBA2328C639
----------------------------------------------------------------
CARP0034-001 07/01/2016
Rates Fringes
Diver
Assistant Tender, ROV
Tender/Technician...........$ 43.65 31.40
Diver standby...............$ 48.61 31.40
Diver Tender................$ 47.82 31.40
Diver wet...................$ 93.17 31.40
Manifold Operator (mixed
gas)........................$ 52.82 31.40
Manifold Operator (Standby).$ 47.82 31.40
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:
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
$1.00 per foot.
WORK IN COMBINATION OF CLASSIFICATIONS:
Employees working in any combination of classifications
within the diving crew (except dive supervisor) in a shift
are paid in the classification with the highest rate for
that shift.
----------------------------------------------------------------
CARP0034-003 07/01/2014
Rates Fringes
Piledriver.......................$ 40.60 30.73
----------------------------------------------------------------
CARP0035-007 07/01/2016
AREA 1: Alameda, Contra Costa, San Francisco, San Mateo, Santa
Clara counties
AREA 2: Monterey, San Benito, Santa Cruz Counties
AREA 3: Calaveras, Fresno, Kings, Madera, Mariposa, Merced, San
EXHIBIT C-1
30
DocuSign Envelope ID: 617B51D9-2D5C-414D-85AA-9DBA2328C639
Joaquin, Stanislaus, Tuolumne Counties
Rates Fringes
Modular Furniture Installer
Area 1
Installer I................$ 24.91 19.62
Installer II...............$ 21.48 19.63
Lead Installer.............$ 28.36 20.13
Master Installer...........$ 32.58 19.63
Area 2
Installer I................$ 22.26 19.63
Installer II...............$ 19.31 19.63
Lead Installer.............$ 25.23 20.13
Master Installer...........$ 28.86 20.13
Area 3
Installer I................$ 21.31 19.63
Installer II...............$ 18.54 19.63
Lead Installer.............$ 24.11 20.13
Master Installer...........$ 31.13 20.13
----------------------------------------------------------------
CARP0035-008 08/01/2016
AREA 1: Alameda, Contra Costa, San Francisco, San Mateo, Santa
Clara counties
AREA 2: Monterey, San Benito, Santa Cruz Counties
AREA 3: San Joaquin
AREA 4: Calaveras, Fresno, Kings, Madera, Mariposa, Merced,
Stanislaus, Tuolumne Counties
Rates Fringes
Drywall Installers/Lathers:
Area 1......................$ 44.40 28.64
Area 2......................$ 38.52 28.64
Area 3......................$ 39.02 28.64
Area 4......................$ 37.67 28.64
Drywall Stocker/Scrapper
Area 1......................$ 22.20 16.57
Area 2......................$ 19.26 16.57
Area 3......................$ 19.51 16.57
Area 4......................$ 18.84 16.57
----------------------------------------------------------------
CARP0152-001 07/01/2016
Contra Costa County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 44.40 28.20
EXHIBIT C-1
31
DocuSign Envelope ID: 617B51D9-2D5C-414D-85AA-9DBA2328C639
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 44.55 28.20
Journeyman Carpenter........$ 44.40 28.20
Millwright..................$ 44.50 29.79
----------------------------------------------------------------
CARP0152-002 07/01/2016
San Joaquin County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 44.40 28.20
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 38.67 28.20
Journeyman Carpenter........$ 38.52 28.20
Millwright..................$ 41.02 29.79
----------------------------------------------------------------
CARP0152-004 07/01/2016
Calaveras, Mariposa, Merced, Stanislaus and Tuolumne Counties
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 44.40 28.20
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 37.32 28.20
Journeyman Carpenter........$ 37.17 28.20
Millwright..................$ 39.67 29.79
----------------------------------------------------------------
CARP0217-001 07/01/2016
San Mateo County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 44.40 28.20
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 44.55 28.20
Journeyman Carpenter........$ 44.40 28.20
EXHIBIT C-1
32
DocuSign Envelope ID: 617B51D9-2D5C-414D-85AA-9DBA2328C639
Millwright..................$ 44.50 29.79
----------------------------------------------------------------
CARP0405-001 07/01/2016
Santa Clara County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 44.40 28.20
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 44.55 28.20
Journeyman Carpenter........$ 44.40 28.20
Millwright..................$ 44.50 29.79
----------------------------------------------------------------
CARP0405-002 07/01/2016
San Benito County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 44.40 28.20
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 38.58 28.20
Journeyman Carpenter........$ 38.52 28.20
Millwright..................$ 41.02 29.79
----------------------------------------------------------------
CARP0505-001 07/01/2016
Santa Cruz County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 44.40 28.20
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 38.67 28.20
Journeyman Carpenter........$ 38.52 28.20
Millwright..................$ 41.02 29.79
----------------------------------------------------------------
CARP0605-001 07/01/2016
Monterey County
EXHIBIT C-1
33
DocuSign Envelope ID: 617B51D9-2D5C-414D-85AA-9DBA2328C639
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 44.40 28.20
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 38.67 28.20
Journeyman Carpenter........$ 38.52 28.20
Millwright..................$ 41.02 29.79
----------------------------------------------------------------
CARP0701-001 07/01/2016
Fresno and Madera Counties
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 44.40 28.20
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 37.32 28.20
Journeyman Carpenter........$ 37.17 28.20
Millwright..................$ 39.67 29.79
----------------------------------------------------------------
CARP0713-001 07/01/2016
Alameda County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 44.40 28.20
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 44.55 28.20
Journeyman Carpenter........$ 44.40 28.20
Millwright..................$ 44.50 29.79
----------------------------------------------------------------
CARP1109-001 07/01/2016
Kings County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 44.40 28.20
Hardwood Floorlayer,
EXHIBIT C-1
34
DocuSign Envelope ID: 617B51D9-2D5C-414D-85AA-9DBA2328C639
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 37.32 28.20
Journeyman Carpenter........$ 37.17 28.20
Millwright..................$ 39.67 29.79
----------------------------------------------------------------
ELEC0006-004 12/01/2016
SAN FRANCISCO COUNTY
Rates Fringes
Sound & Communications
Installer...................$ 35.57 3%+18.05
Technician..................$ 40.50 3%+18.05
SCOPE OF WORK: Including any data system whose only function
is to transmit or receive information; excluding all other
data systems or multiple systems which include control
function or power supply; inclusion or exclusion of
terminations and testings of conductors determined by
their function; excluding fire alarm work when installed
in raceways (including wire and cable pulling) and when
performed on new or major remodel building projects or
jobs for which the conductors for the fire alarm system are
installed in conduit; excluding installation of raceway
systems, line voltage work, industrial work, life-safety
systems (all buildings having floors located more than 75'
above the lowest floor level having building access);
excluding energy management systems.
FOOTNOTE: Fire alarm work when installed in raceways
(including wire and cable pulling), on projects which
involve new or major remodel building construction, for
which the conductors for the fire alarm system are
installed in the conduit, shall be performed by the inside
electrician.
----------------------------------------------------------------
ELEC0006-007 06/01/2016
SAN FRANCISCO COUNTY
Rates Fringes
ELECTRICIAN......................$ 64.00 30.38
----------------------------------------------------------------
ELEC0100-002 07/01/2016
FRESNO, KINGS, AND MADERA COUNTIES
Rates Fringes
ELECTRICIAN......................$ 36.00 20.63
----------------------------------------------------------------
ELEC0100-005 12/01/2016
EXHIBIT C-1
35
DocuSign Envelope ID: 617B51D9-2D5C-414D-85AA-9DBA2328C639
FRESNO, KINGS, MADERA
Rates Fringes
Communications System
Installer...................$ 30.64 3%+17.86
Technician..................$ 34.89 3%+17.86
SCOPE OF WORK
Includes the installation testing, service and maintenance,
of the following systems which utilize the transmission
and/or transference of voice, sound, vision and digital for
commercial, education, security and entertainment purposes
for the following: TV monitoring and surveillance,
background-foreground music, intercom and telephone
interconnect, inventory control systems, microwave
transmission, multi-media, multiplex, nurse call system,
radio page, school intercom and sound, burglar alarms, and
low voltage master clock systems.
A. SOUND AND VOICE TRANSMISSION/TRANSFERENCE SYSTEMS
Background foreground music, Intercom and telephone
interconnect systems, Telephone systems Nurse call systems,
Radio page systems, School intercom and sound systems,
Burglar alarm systems, Low voltage, master clock systems,
Multi-media/multiplex systems, Sound and musical
entertainment systems, RF systems, Antennas and Wave Guide,
B. FIRE ALARM SYSTEMS Installation, wire pulling and testing
C. TELEVISION AND VIDEO SYSTEMS Television monitoring and
surveillance systems Video security systems, Video
entertainment systems, Video educational systems, Microwave
transmission systems, CATV and CCTV
D. SECURITY SYSTEMS Perimeter security systems Vibration
sensor systems Card access systems Access control systems,
Sonar/infrared monitoring equipment
E. COMMUNICATIONS SYSTEMS THAT TRANSMIT OR RECEIVE
INFORMATION AND/OR CONTROL SYSTEMS THAT ARE INTRINSIC TO
THE ABOVE LISTED SYSTEMS SCADA (Supervisory Control and
Data Acquisition) PCM (Pulse Code Modulation) Inventory
Control Systems, Digital Data Systems Broadband and
Baseband and Carriers Point of Sale Systems, VSAT Data
Systems Data Communication Systems RF and Remote Control
Systems, Fiber Optic Data Systems
WORK EXCLUDED Raceway systems are not covered (excluding
Ladder-Rack for the purpose of the above listed systems).
Chases and/or nipples (not to exceed 10 feet) may be
installed on open wiring systems. Energy management
systems. SCADA (Supervisory Control and Data Acquisition)
when not intrinsic to the above listed systems (in the
scope). Fire alarm systems when installed in raceways
(including wire and cable pulling) shall be performed at
EXHIBIT C-1
36
DocuSign Envelope ID: 617B51D9-2D5C-414D-85AA-9DBA2328C639
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.
----------------------------------------------------------------
ELEC0234-001 12/25/2016
MONTEREY, SAN BENITO AND SANTA CRUZ COUNTIES
Rates Fringes
ELECTRICIAN
Zone A......................$ 44.65 24.44
Zone B......................$ 49.12 24.57
Zone A: All of Santa Cruz, Monterey, and San Benito Counties
within 25 air miles of Highway 1 and Dolan Road in Moss
Landing, and an area extending 5 miles east and west of
Highway 101 South to the San Luis Obispo County Line
Zone B: Any area outside of Zone A
----------------------------------------------------------------
ELEC0234-003 12/01/2015
MONTEREY, SAN BENITO, AND SANTA CRUZ COUNTIES
Rates Fringes
Sound & Communications
Installer...................$ 34.32 17.33
Technician..................$ 37.94 16.30
SCOPE OF WORK: Including any data system whose only function
is to transmit or receive information; excluding all other
data systems or multiple systems which include control
function or power supply; inclusion or exclusion of
terminations and testings of conductors determined by
their function; excluding fire alarm work when installed
in raceways (including wire and cable pulling) and when
performed on new or major remodel building projects or
jobs for which the conductors for the fire alarm system are
installed in conduit; excluding installation of raceway
systems, line voltage work, industrial work, life-safety
systems (all buildings having floors located more than 75'
above the lowest floor level having building access);
excluding energy management systems.
FOOTNOTE: Fire alarm work when installed in raceways
(including wire and cable pulling), on projects which
involve new or major remodel building construction, for
which the conductors for the fire alarm system are
installed in the conduit, shall be performed by the inside
electrician.
EXHIBIT C-1
37
DocuSign Envelope ID: 617B51D9-2D5C-414D-85AA-9DBA2328C639
----------------------------------------------------------------
ELEC0302-001 02/09/2016
CONTRA COSTA COUNTY
Rates Fringes
CABLE SPLICER....................$ 54.17 26.23
ELECTRICIAN......................$ 47.76 26.03
----------------------------------------------------------------
ELEC0302-003 12/01/2016
CONTRA COSTA COUNTY
Rates Fringes
Sound & Communications
Installer...................$ 35.07 18.05
Technician..................$ 39.93 18.20
SCOPE OF WORK: Including any data system whose only function
is to transmit or receive information; excluding all other
data systems or multiple systems which include control
function or power supply; inclusion or exclusion of
terminations and testings of conductors determined by
their function; excluding fire alarm work when installed
in raceways (including wire and cable pulling) and when
performed on new or major remodel building projects or
jobs for which the conductors for the fire alarm system are
installed in conduit; excluding installation of raceway
systems, line voltage work, industrial work, life-safety
systems (all buildings having floors located more than 75'
above the lowest floor level having building access);
excluding energy management systems.
FOOTNOTE: Fire alarm work when installed in raceways
(including wire and cable pulling), on projects which
involve new or major remodel building construction, for
which the conductors for the fire alarm system are
installed in the conduit, shall be performed by the inside
electrician.
----------------------------------------------------------------
ELEC0332-001 05/30/2016
SANTA CLARA COUNTY
Rates Fringes
CABLE SPLICER....................$ 67.87 33.28
ELECTRICIAN......................$ 59.02 32.75
FOOTNOTES: Work under compressed air or where gas masks are
required, orwork on ladders, scaffolds, stacks, "Bosun's
chairs," or other structures and where the workers are not
protected by permanent guard rails at a distance of 40 to
EXHIBIT C-1
38
DocuSign Envelope ID: 617B51D9-2D5C-414D-85AA-9DBA2328C639
60 ft. from the ground or supporting structures: to be paid
one and one-half times the straight-time rate of pay.
Work on structures of 60 ft. or over (as described above):
to be paid twice the straight-time rate of pay.
----------------------------------------------------------------
ELEC0332-003 11/30/2015
SANTA CLARA COUNTY
Rates Fringes
Sound & Communications
Installer...................$ 34.32 17.33
Technician..................$ 39.08 17.47
SCOPE OF WORK: Including any data system whose only function
is to transmit or receive information; excluding all other
data systems or multiple systems which include control
function or power supply; inclusion or exclusion of
terminations and testings of conductors determined by
their function; excluding fire alarm work when installed
in raceways (including wire and cable pulling) and when
performed on new or major remodel building projects or
jobs for which the conductors for the fire alarm system are
installed in conduit; excluding installation of raceway
systems, line voltage work, industrial work, life-safety
systems (all buildings having floors located more than 75'
above the lowest floor level having building access);
excluding energy management systems.
FOOTNOTE: Fire alarm work when installed in raceways
(including wire and cable pulling), on projects which
involve new or major remodel building construction, for
which the conductors for the fire alarm system are
installed in the conduit, shall be performed by the inside
electrician.
----------------------------------------------------------------
ELEC0595-001 06/01/2016
ALAMEDA COUNTY
Rates Fringes
CABLE SPLICER....................$ 58.95 34.14
ELECTRICIAN......................$ 52.40 33.95
----------------------------------------------------------------
ELEC0595-002 06/01/2016
CALAVERAS AND SAN JOAQUIN COUNTIES
Rates Fringes
CABLE SPLICER....................$ 39.66 26.33
ELECTRICIAN
(1) Tunnel work.............$ 37.01 26.33
EXHIBIT C-1
39
DocuSign Envelope ID: 617B51D9-2D5C-414D-85AA-9DBA2328C639
(2) All other work.........$ 35.25 26.33
----------------------------------------------------------------
ELEC0595-006 12/01/2016
ALAMEDA COUNTY
Rates Fringes
Sound & Communications
Installer...................$ 35.07 3%+17.55
Technician..................$ 39.93 3%+17.55
SCOPE OF WORK: Including any data system whose only function
is to transmit or receive information; excluding all other
data systems or multiple systems which include control
function or power supply; inclusion or exclusion of
terminations and testings of conductors determined by
their function; excluding fire alarm work when installed
in raceways (including wire and cable pulling) and when
performed on new or major remodel building projects or
jobs for which the conductors for the fire alarm system are
installed in conduit; excluding installation of raceway
systems, line voltage work, industrial work, life-safety
systems (all buildings having floors located more than 75'
above the lowest floor level having building access);
excluding energy management systems.
FOOTNOTE: Fire alarm work when installed in raceways
(including wire and cable pulling), on projects which
involve new or major remodel building construction, for
which the conductors for the fire alarm system are
installed in the conduit, shall be performed by the inside
electrician.
----------------------------------------------------------------
ELEC0595-008 12/01/2016
CALAVERAS AND SAN JOAQUIN COUNTIES
Rates Fringes
Communications System
Installer...................$ 30.64 3%+17.55
Technician..................$ 34.89 3%+17.55
SCOPE OF WORK: Including any data system whose only function
is to transmit or receive information; excluding all other
data systems or multiple systems which include control
function or power supply; inclusion or exclusion of
terminations and testings of conductors determined by
their function; excluding fire alarm work when installed
in raceways (including wire and cable pulling) and when
performed on new or major remodel building projects or
jobs for which the conductors for the fire alarm system are
installed in conduit; excluding installation of raceway
systems, line voltage work, industrial work, life-safety
systems (all buildings having floors located more than 75'
EXHIBIT C-1
40
DocuSign Envelope ID: 617B51D9-2D5C-414D-85AA-9DBA2328C639
above the lowest floor level having building access);
excluding energy management systems.
FOOTNOTE: Fire alarm work when installed in raceways
(including wire and cable pulling), on projects which
involve new or major remodel building construction, for
which the conductors for the fire alarm system are
installed in the conduit, shall be performed by the inside
electrician.
----------------------------------------------------------------
ELEC0617-001 06/01/2016
SAN MATEO COUNTY
Rates Fringes
ELECTRICIAN......................$ 55.30 32.19
----------------------------------------------------------------
ELEC0617-003 12/01/2016
SAN MATEO COUNTY
Rates Fringes
Sound & Communications
Installer...................$ 35.07 18.86
Technician..................$ 39.93 18.86
SCOPE OF WORK: Including any data system whose only function
is to transmit or receive information; excluding all other
data systems or multiple systems which include control
function or power supply; inclusion or exclusion of
terminations and testings of conductors determined by
their function; excluding fire alarm work when installed
in raceways (including wire and cable pulling) and when
performed on new or major remodel building projects or
jobs for which the conductors for the fire alarm system are
installed in conduit; excluding installation of raceway
systems, line voltage work, industrial work, life-safety
systems (all buildings having floors located more than 75'
above the lowest floor level having building access);
excluding energy management systems.
FOOTNOTE: Fire alarm work when installed in raceways
(including wire and cable pulling), on projects which
involve new or major remodel building construction, for
which the conductors for the fire alarm system are
installed in the conduit, shall be performed by the inside
electrician.
----------------------------------------------------------------
ELEC0684-001 12/01/2016
MARIPOSA, MERCED, STANISLAUS AND TUOLUMNE COUNTIES
Rates Fringes
EXHIBIT C-1
41
DocuSign Envelope ID: 617B51D9-2D5C-414D-85AA-9DBA2328C639
ELECTRICIAN......................$ 36.40 3%+20.73
CABLE SPLICER = 110% of Journeyman Electrician
----------------------------------------------------------------
ELEC0684-004 12/01/2016
MARIPOSA, MERCED, STANISLAUS AND TUOLUMNE COUNTIES
Rates Fringes
Communications System
Installer...................$ 30.64 3%+17.86
Technician..................$ 34.89 3%+17.86
SCOPE OF WORK: Including any data system whose only function
is to transmit or receive information; excluding all other
data systems or multiple systems which include control
function or power supply; inclusion or exclusion of
terminations and testings of conductors determined by
their function; excluding fire alarm work when installed
in raceways (including wire and cable pulling) and when
performed on new or major remodel building projects or
jobs for which the conductors for the fire alarm system are
installed in conduit; excluding installation of raceway
systems, line voltage work, industrial work, life-safety
systems (all buildings having floors located more than 75'
above the lowest floor level having building access);
excluding energy management systems.
FOOTNOTE: Fire alarm work when installed in raceways
(including wire and cable pulling), on projects which
involve new or major remodel building construction, for
which the conductors for the fire alarm system are
installed in the conduit, shall be performed by the inside
electrician.
----------------------------------------------------------------
ELEC1245-001 06/01/2015
Rates Fringes
LINE CONSTRUCTION
(1) Lineman; Cable splicer..$ 52.85 15.53
(2) Equipment specialist
(operates crawler
tractors, commercial motor
vehicles, backhoes,
trenchers, cranes (50 tons
and below), overhead &
underground distribution
line equipment)...........$ 42.21 14.32
(3) Groundman...............$ 32.28 14.03
(4) Powderman...............$ 47.19 14.60
HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day,
Independence Day, Labor Day, Veterans Day, Thanksgiving Day
EXHIBIT C-1
42
DocuSign Envelope ID: 617B51D9-2D5C-414D-85AA-9DBA2328C639
and day after Thanksgiving, Christmas Day
----------------------------------------------------------------
* ELEV0008-001 01/01/2017
Rates Fringes
ELEVATOR MECHANIC................$ 63.44 31.585
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 07/01/2013
Rates Fringes
Dredging: (DREDGING:
CLAMSHELL & DIPPER DREDGING;
HYDRAULIC SUCTION DREDGING:)
AREA 1:
(1) Leverman...............$ 40.53 27.81
(2) Dredge Dozer; Heavy
duty repairman.............$ 35.57 27.81
(3) Booster Pump
Operator; Deck
Engineer; Deck mate;
Dredge Tender; Winch
Operator...................$ 34.45 27.81
(4) Bargeman; Deckhand;
Fireman; Leveehand; Oiler..$ 31.15 27.81
AREA 2:
(1) Leverman...............$ 42.53 27.81
(2) Dredge Dozer; Heavy
duty repairman.............$ 37.57 27.81
(3) Booster Pump
Operator; Deck
Engineer; Deck mate;
Dredge Tender; Winch
Operator...................$ 36.45 27.81
(4) Bargeman; Deckhand;
Fireman; Leveehand; Oiler..$ 33.15 27.81
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
EXHIBIT C-1
43
DocuSign Envelope ID: 617B51D9-2D5C-414D-85AA-9DBA2328C639
THE REMAINGING COUNTIES ARE SPLIT BETWEEN AREA 1 AND AREA 2
AS NOTED BELOW:
ALPINE COUNTY:
Area 1: Northernmost part
Area 2: Remainder
CALAVERAS COUNTY:
Area 1: Remainder
Area 2: Eastern part
COLUSA COUNTY:
Area 1: Eastern part
Area 2: Remainder
ELDORADO COUNTY:
Area 1: North Central part
Area 2: Remainder
FRESNO COUNTY:
Area 1: Remainder
Area 2: Eastern part
GLENN COUNTY:
Area 1: Eastern part
Area 2: Remainder
LASSEN COUNTY:
Area 1: Western part along the Southern portion of border
with Shasta County
Area 2: Remainder
MADERA COUNTY:
Area 1: Except Eastern part
Area 2: Eastern part
MARIPOSA COUNTY
Area 1: Except Eastern part
Area 2: Eastern part
MONTERREY COUNTY
Area 1: Except Southwestern part
Area 2: Southwestern part
NEVADA COUNTY:
Area 1: All but the Northern portion along the border of
Sierra County
Area 2: Remainder
PLACER COUNTY:
Area 1: Al but the Central portion
Area 2: Remainder
PLUMAS COUNTY:
Area 1: Western portion
Area 2: Remainder
EXHIBIT C-1
44
DocuSign Envelope ID: 617B51D9-2D5C-414D-85AA-9DBA2328C639
SHASTA COUNTY:
Area 1: All but the Northeastern corner
Area 2: Remainder
SIERRA COUNTY:
Area 1: Western part
Area 2: Remainder
SISKIYOU COUNTY:
Area 1: Central part
Area 2: Remainder
SONOMA COUNTY:
Area 1: All but the Northwestern corner
Area 2: Remainder
TEHAMA COUNTY:
Area 1: All but the Western border with Mendocino & Trinity
Counties
Area 2: Remainder
TRINITY COUNTY:
Area 1: East Central part and the Northeastern border with
Shasta County
Area 2: Remainder
TUOLUMNE COUNTY:
Area 1: Except Eastern part
Area 2: Eastern part
----------------------------------------------------------------
ENGI0003-018 06/30/2014
"AREA 1" WAGE RATES ARE LISTED BELOW
"AREA 2" RECEIVES AN ADDITIONAL $2.00 PER HOUR ABOVE AREA 1
RATES.
SEE AREA DEFINITIONS BELOW
Rates Fringes
OPERATOR: Power Equipment
(AREA 1:)
GROUP 1.....................$ 39.85 27.44
GROUP 2.....................$ 38.32 27.44
GROUP 3.....................$ 36.84 27.44
GROUP 4.....................$ 35.46 27.44
GROUP 5.....................$ 34.19 27.44
GROUP 6.....................$ 32.87 27.44
GROUP 7.....................$ 31.73 27.44
GROUP 8.....................$ 30.59 27.44
GROUP 8-A...................$ 28.38 27.44
OPERATOR: Power Equipment
(Cranes and Attachments -
AREA 1:)
EXHIBIT C-1
45
DocuSign Envelope ID: 617B51D9-2D5C-414D-85AA-9DBA2328C639
GROUP 1
Cranes.....................$ 40.73 27.44
Oiler......................$ 33.76 27.44
Truck crane oiler..........$ 37.33 27.44
GROUP 2
Cranes.....................$ 38.97 27.44
Oiler......................$ 33.50 27.44
Truck crane oiler..........$ 37.04 27.44
GROUP 3
Cranes.....................$ 37.23 27.44
Hydraulic..................$ 32.87 27.44
Oiler......................$ 33.26 27.44
Truck Crane Oiler..........$ 36.77 27.44
GROUP 4
Cranes.....................$ 34.19 27.44
OPERATOR: Power Equipment
(Piledriving - AREA 1:)
GROUP 1
Lifting devices............$ 41.07 27.44
Oiler......................$ 31.81 27.44
Truck crane oiler..........$ 34.09 27.44
GROUP 2
Lifting devices............$ 39.25 27.44
Oiler......................$ 31.54 27.44
Truck Crane Oiler..........$ 33.84 27.44
GROUP 3
Lifting devices............$ 37.57 27.44
Oiler......................$ 31.32 27.44
Truck Crane Oiler..........$ 33.55 27.44
GROUP 4
Lifting devices............$ 35.80 27.44
GROUP 5
Lifting devices............$ 34.50 27.44
GROUP 6
Lifting devices............$ 33.16 27.44
OPERATOR: Power Equipment
(Steel Erection - AREA 1:)
GROUP 1
Cranes.....................$ 41.70 27.44
Oiler......................$ 32.15 27.44
Truck Crane Oiler..........$ 34.38 27.44
GROUP 2
Cranes.....................$ 39.93 27.44
Oiler......................$ 31.88 27.44
Truck Crane Oiler..........$ 34.16 27.44
GROUP 3
Cranes.....................$ 38.45 27.44
Hydraulic..................$ 32.67 27.44
Oiler......................$ 31.66 27.44
Truck Crane Oiler..........$ 33.89 27.44
GROUP 4
Cranes.....................$ 36.43 27.44
GROUP 5
Cranes.....................$ 35.13 27.44
OPERATOR: Power Equipment
(Tunnel and Underground Work
- AREA 1:)
EXHIBIT C-1
46
DocuSign Envelope ID: 617B51D9-2D5C-414D-85AA-9DBA2328C639
SHAFTS, STOPES, RAISES:
GROUP 1....................$ 35.95 27.44
GROUP 1-A..................$ 38.32 27.44
GROUP 2....................$ 34.59 27.44
GROUP 3....................$ 33.36 27.44
GROUP 4....................$ 32.22 27.44
GROUP 5....................$ 31.08 27.44
UNDERGROUND:
GROUP 1....................$ 35.85 27.44
GROUP 1-A..................$ 38.32 27.44
GROUP 2....................$ 34.59 27.44
GROUP 3....................$ 33.26 27.44
GROUP 4....................$ 32.12 27.44
GROUP 5....................$ 30.98 27.44
FOOTNOTE: Work suspended by ropes or cables, or work on a
Yo-Yo Cat: $.60 per hour additional.
POWER EQUIPMENT OPERATOR CLASSIFICATIONS
GROUP 1: Operator of helicopter (when used in erection work);
Hydraulic excavator, 7 cu. yds. and over; Power shovels,
over 7 cu. yds.
GROUP 2: Highline cableway; Hydraulic excavator, 3-1/2 cu.
yds. up to 7 cu. yds.; Licensed construction work boat
operator, on site; Power blade operator (finish); Power
shovels, over 1 cu. yd. up to and including 7 cu. yds.
m.r.c.
GROUP 3: Asphalt milling machine; Cable backhoe; Combination
backhoe and loader over 3/4 cu. yds.; Continuous flight tie
back machine assistant to engineer or mechanic; Crane
mounted continuous flight tie back machine, tonnage to
apply; Crane mounted drill attachment, tonnage to apply;
Dozer, slope brd; Gradall; Hydraulic excavator, up to 3 1/2
cu. yds.; Loader 4 cu. yds. and over; Long reach excavator;
Multiple engine scraper (when used as push pull); Power
shovels, up to and including 1 cu. yd.; Pre-stress wire
wrapping machine; Side boom cat, 572 or larger; Track
loader 4 cu. yds. and over; Wheel excavator (up to and
including 750 cu. yds. per hour)
GROUP 4: Asphalt plant engineer/box person; Chicago boom;
Combination backhoe and loader up to and including 3/4 cu.
yd.; Concrete batch plant (wet or dry); Dozer and/or push
cat; Pull- type elevating loader; Gradesetter, grade
checker (GPS, mechanical or otherwise); Grooving and
grinding machine; Heading shield operator; Heavy-duty
drilling equipment, Hughes, LDH, Watson 3000 or similar;
Heavy-duty repairperson and/or welder; Lime spreader;
Loader under 4 cu. yds.; Lubrication and service engineer
(mobile and grease rack); Mechanical finishers or spreader
machine (asphalt, Barber-Greene and similar); Miller
Formless M-9000 slope paver or similar; Portable crushing
and screening plants; Power blade support; Roller operator,
EXHIBIT C-1
47
DocuSign Envelope ID: 617B51D9-2D5C-414D-85AA-9DBA2328C639
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
and/or material hoist; Mechanical finishers (concrete)
(Clary, Johnson, Bidwell Bridge Deck or similar types);
Mechanical burm, curb and/or curb and gutter machine,
concrete or asphalt); Mine or shaft hoist; Portable
crusher; Power jumbo operator (setting slip-forms, etc., in
tunnels); Screed (automatic or manual); Self-propelled
compactor with dozer; Tractor with boom D6 or smaller;
Trenching machine, maximum digging capacity over 5 ft.
depth; Vermeer T-600B rock cutter or similar
GROUP 6: Armor-Coater (or similar); Ballast jack tamper;
Boom- type backfilling machine; Assistant plant engineer;
Bridge and/or gantry crane; Chemical grouting machine,
truck-mounted; Chip spreading machine operator; Concrete
saw (self-propelled unit on streets, highways, airports and
canals); Deck engineer; Drilling equipment Texoma 600,
Hughes 200 Series or similar up to and including 30 ft.
m.r.c.; Drill doctor; Helicopter radio operator;
Hydro-hammer or similar; Line master; Skidsteer loader,
Bobcat larger than 743 series or similar (with
attachments); Locomotive; Lull hi-lift or similar; Oiler,
truck mounted equipment; Pavement breaker, truck-mounted,
with compressor combination; Paving fabric installation
and/or laying machine; Pipe bending machine (pipelines
only); Pipe wrapping machine (tractor propelled and
supported); Screed (except asphaltic concrete paving);
Self- propelled pipeline wrapping machine; Tractor;
Self-loading chipper; Concrete barrier moving machine
GROUP 7: Ballast regulator; Boom truck or dual-purpose
A-frame truck, non-rotating - under 15 tons; Cary lift or
similar; Combination slurry mixer and/or cleaner; Drilling
equipment, 20 ft. and under m.r.c.; Firetender (hot plant);
Grouting machine operator; Highline cableway signalperson;
Stationary belt loader (Kolman or similar); Lift slab
machine (Vagtborg and similar types); Maginnes internal
full slab vibrator; Material hoist (1 drum); Mechanical
trench shield; Pavement breaker with or without compressor
combination); Pipe cleaning machine (tractor propelled and
supported); Post driver; Roller (except asphalt); Chip
EXHIBIT C-1
48
DocuSign Envelope ID: 617B51D9-2D5C-414D-85AA-9DBA2328C639
Seal; Self-propelled automatically applied concrete curing
mahcine (on streets, highways, airports and canals);
Self-propelled compactor (without dozer); Signalperson;
Slip-form pumps (lifting device for concrete forms); Tie
spacer; Tower mobile; Trenching machine, maximum digging
capacity up to and including 5 ft. depth; Truck- type loader
GROUP 8: Bit sharpener; Boiler tender; Box operator;
Brakeperson; Combination mixer and compressor
(shotcrete/gunite); Compressor operator; Deckhand; Fire
tender; Forklift (under 20 ft.); Generator;
Gunite/shotcrete equipment operator; Hydraulic monitor; Ken
seal machine (or similar); Mixermobile; Oiler; Pump
operator; Refrigeration plant; Reservoir-debris tug (self-
propelled floating); Ross Carrier (construction site);
Rotomist operator; Self-propelled tape machine; Shuttlecar;
Self-propelled power sweeper operator (includes vacuum
sweeper); Slusher operator; Surface heater; Switchperson;
Tar pot firetender; Tugger hoist, single drum; Vacuum
cooling plant; Welding machine (powered other than by
electricity)
GROUP 8-A: Elevator operator; Skidsteer loader-Bobcat 743
series or smaller, and similar (without attachments); Mini
excavator under 25 H.P. (backhoe-trencher); Tub grinder
wood chipper
----------------------------------------------------------
ALL CRANES AND ATTACHMENTS
GROUP 1: Clamshell and dragline over 7 cu. yds.; Crane, over
100 tons; Derrick, over 100 tons; Derrick barge
pedestal-mounted, over 100 tons; Self-propelled boom-type
lifting device, over 100 tons
GROUP 2: Clamshell and dragline over 1 cu. yd. up to and
including 7 cu. yds.; Crane, over 45 tons up to and
including 100 tons; Derrick barge, 100 tons and under;
Self-propelled boom-type lifting device, over 45 tons;
Tower crane
GROUP 3: Clamshell and dragline up to and including 1 cu.
yd.; Cranes 45 tons and under; Self-propelled boom-type
lifting device 45 tons and under;
GROUP 4: Boom Truck or dual purpose A-frame truck,
non-rotating over 15 tons; Truck-mounted rotating
telescopic boom type lifting device, Manitex or similar
(boom truck) over 15 tons; Truck-mounted rotating
telescopic boom type lifting device, Manitex or similar
(boom truck) - under 15 tons;
-----------------------------------------------------------
PILEDRIVERS
EXHIBIT C-1
49
DocuSign Envelope ID: 617B51D9-2D5C-414D-85AA-9DBA2328C639
GROUP 1: Derrick barge pedestal mounted over 100 tons;
Clamshell over 7 cu. yds.; Self-propelled boom-type lifting
device over 100 tons; Truck crane or crawler, land or barge
mounted over 100 tons
GROUP 2: Derrick barge pedestal mounted 45 tons to and
including 100 tons; Clamshell up to and including 7 cu.
yds.; Self-propelled boom-type lifting device over 45 tons;
Truck crane or crawler, land or barge mounted, over 45 tons
up to and including 100 tons; Fundex F-12 hydraulic pile rig
GROUP 3: Derrick barge pedestal mounted under 45 tons; Self-
propelled boom-type lifting device 45 tons and under;
Skid/scow piledriver, any tonnage; Truck crane or crawler,
land or barge mounted 45 tons and under
GROUP 4: Assistant operator in lieu of assistant to engineer;
Forklift, 10 tons and over; Heavy-duty repairperson/welder
GROUP 5: Deck engineer
GROUP 6: Deckhand; Fire tender
-------------------------------------------------------------
STEEL ERECTORS
GROUP 1: Crane over 100 tons; Derrick over 100 tons; Self-
propelled boom-type lifting device over 100 tons
GROUP 2: Crane over 45 tons to 100 tons; Derrick under 100
tons; Self-propelled boom-type lifting device over 45 tons
to 100 tons; Tower crane
GROUP 3: Crane, 45 tons and under; Self-propelled boom-type
lifting device, 45 tons and under
GROUP 4: Chicago boom; Forklift, 10 tons and over; Heavy-duty
repair person/welder
GROUP 5: Boom cat
--------------------------------------------------------------
--
TUNNEL AND UNDERGROUND WORK
GROUP 1-A: Tunnel bore machine operator, 20' diameter or more
GROUP 1: Heading shield operator; Heavy-duty repairperson;
Mucking machine (rubber tired, rail or track type); Raised
bore operator (tunnels); Tunnel mole bore operator
GROUP 2: Combination slusher and motor operator; Concrete
pump or pumpcrete gun; Power jumbo operator
EXHIBIT C-1
50
DocuSign Envelope ID: 617B51D9-2D5C-414D-85AA-9DBA2328C639
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,
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
EXHIBIT C-1
51
DocuSign Envelope ID: 617B51D9-2D5C-414D-85AA-9DBA2328C639
LAKE COUNTY:
Area 1: Southern part
Area 2: Remainder
LASSEN COUNTY:
Area 1: Western part along the Southern portion of border
with Shasta County
Area 2: Remainder
MADERA COUNTY
Area 1: Remainder
Area 2: Eastern part
MARIPOSA COUNTY
Area 1: Remainder
Area 2: Eastern part
MENDOCINO COUNTY:
Area 1: Central and Southeastern parts
Area 2: Remainder
MONTEREY COUNTY
Area 1: Remainder
Area 2: Southwestern part
NEVADA COUNTY:
Area 1: All but the Northern portion along the border of
Sierra County
Area 2: Remainder
PLACER COUNTY:
Area 1: All but the Central portion
Area 2: Remainder
PLUMAS COUNTY:
Area 1: Western portion
Area 2: Remainder
SHASTA COUNTY:
Area 1: All but the Northeastern corner
Area 2: Remainder
SIERRA COUNTY:
Area 1: Western part
Area 2: Remainder
SISKIYOU COUNTY:
Area 1: Central part
Area 2: Remainder
SONOMA COUNTY:
Area 1: All but the Northwestern corner
Area 2: Reaminder
TEHAMA COUNTY:
Area 1: All but the Western border with mendocino & Trinity
EXHIBIT C-1
52
DocuSign Envelope ID: 617B51D9-2D5C-414D-85AA-9DBA2328C639
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 07/01/2013
SEE AREA DESCRIPTIONS BELOW
Rates Fringes
OPERATOR: Power Equipment
(LANDSCAPE WORK ONLY)
GROUP 1
AREA 1.....................$ 29.64 25.71
AREA 2.....................$ 31.64 25.71
GROUP 2
AREA 1.....................$ 26.04 25.71
AREA 2.....................$ 28.04 25.71
GROUP 3
AREA 1.....................$ 21.43 25.71
AREA 2.....................$ 23.43 25.71
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,
EXHIBIT C-1
53
DocuSign Envelope ID: 617B51D9-2D5C-414D-85AA-9DBA2328C639
NAPA, SACRAMENTO, SAN BENITO, SAN FRANCISCO, SAN JOAQUIN,
SAN MATEO, SANTA CLARA, SANTA CRUZ, SOLANO, STANISLAUS,
SUTTER, YOLO, AND YUBA COUNTIES
AREA 2 - MODOC COUNTY
THE REMAINING COUNTIES ARE SPLIT BETWEEN AREA 1 AND AREA 2 AS
NOTED BELOW:
ALPINE COUNTY:
Area 1: Northernmost part
Area 2: Remainder
CALAVERAS COUNTY:
Area 1: Except Eastern part
Area 2: Eastern part
COLUSA COUNTY:
Area 1: Eastern part
Area 2: Remainder
DEL NORTE COUNTY:
Area 1: Extreme Southwestern corner
Area 2: Remainder
ELDORADO COUNTY:
Area 1: North Central part
Area 2: Remainder
FRESNO COUNTY
Area 1: Except Eastern part
Area 2: Eastern part
GLENN COUNTY:
Area 1: Eastern part
Area 2: Remainder
HUMBOLDT COUNTY:
Area 1: Except Eastern and Southwestern parts
Area 2: Remainder
LAKE COUNTY:
Area 1: Southern part
Area 2: Remainder
LASSEN COUNTY:
Area 1: Western part along the Southern portion of border
with Shasta County
Area 2: Remainder
MADERA COUNTY
Area 1: Remainder
Area 2: Eastern part
MARIPOSA COUNTY
Area 1: Remainder
Area 2: Eastern part
EXHIBIT C-1
54
DocuSign Envelope ID: 617B51D9-2D5C-414D-85AA-9DBA2328C639
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
----------------------------------------------------------------
EXHIBIT C-1
55
DocuSign Envelope ID: 617B51D9-2D5C-414D-85AA-9DBA2328C639
IRON0377-002 07/01/2016
Rates Fringes
Ironworkers:
Fence Erector...............$ 28.33 20.64
Ornamental, Reinforcing
and Structural..............$ 34.75 29.20
PREMIUM PAY:
$6.00 additional per hour at the following locations:
China Lake Naval Test Station, Chocolate Mountains Naval
Reserve-Niland,
Edwards AFB, Fort Irwin Military Station, Fort Irwin Training
Center-Goldstone, San Clemente Island, San Nicholas Island,
Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine
Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB
$4.00 additional per hour at the following locations:
Army Defense Language Institute - Monterey, Fallon Air Base,
Naval Post Graduate School - Monterey, Yermo Marine Corps
Logistics Center
$2.00 additional per hour at the following locations:
Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock
----------------------------------------------------------------
LABO0067-002 06/27/2016
AREA "A" - ALAMEDA, CONTRA COSTA, MARIN, SAN FRANCISCO, SAN
MATEO AND SANTA CLARA COUNTIES
AREA "B" - ALPINE, AMADOR, BUTTE, CALAVERAS, COLUSA, DEL
NORTE, EL DORADO, FRESNO, GLENN, HUMBOLDT, KINGS, LAKE, LASSEN,
MADERA, MARIPOSA, MENDOCINO, MERCED, MODOC, MONTEREY, NAPA,
NEVADA, PLACER, PLUMAS, SACRAMENTO, SAN BENITO, SAN JOAQUIN,
SANTA CRUZ, SHASTA, SIERRA, SISKIYOU, SOLANO, SONOMA,
STANISLAUS, SUTTER, TEHAMA, TRINITY, TULARE, TUOLUMNE, YOLO AND
YUBA COUNTIES
Rates Fringes
Asbestos Removal Laborer
Areas A & B.................$ 20.66 10.02
LABORER (Lead Removal)
Area A......................$ 30.00 21.34
Area B......................$ 29.00 21.34
ASBESTOS REMOVAL-SCOPE OF WORK: Site mobilization; initial
site clean-up; site preparation; removal of
asbestos-containing materials from walls and ceilings; or
EXHIBIT C-1
56
DocuSign Envelope ID: 617B51D9-2D5C-414D-85AA-9DBA2328C639
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.
----------------------------------------------------------------
LABO0067-006 06/30/2014
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.......................$ 29.09 18.66
GROUP 1.....................$ 28.39 18.66
GROUP 1-a...................$ 28.61 18.66
GROUP 1-c...................$ 28.44 18.66
GROUP 1-e...................$ 28.94 18.66
GROUP 1-f...................$ 28.97 18.66
GROUP 1-g (Contra Costa
County).....................$ 28.59 18.66
GROUP 2.....................$ 28.24 18.66
GROUP 3.....................$ 28.14 18.66
GROUP 4.....................$ 21.83 18.66
See groups 1-b and 1-d under laborer classifications.
Laborers: (CONSTRUCTION CRAFT
LABORERS - AREA B:)
Construction Specialist
Group.......................$ 28.09 18.66
GROUP 1.....................$ 27.39 18.66
GROUP 1-a...................$ 27.61 18.66
GROUP 1-c...................$ 27.44 18.66
GROUP 1-e...................$ 27.94 18.66
GROUP 1-f...................$ 27.97 18.66
GROUP 2.....................$ 27.24 18.66
GROUP 3.....................$ 27.14 18.66
GROUP 4.....................$ 20.83 18.66
See groups 1-b and 1-d under laborer classifications.
Laborers: (GUNITE - AREA A:)
GROUP 1.....................$ 29.35 18.66
GROUP 2.....................$ 28.85 18.66
GROUP 3.....................$ 28.26 18.66
GROUP 4.....................$ 28.14 18.66
Laborers: (GUNITE - AREA B:)
GROUP 1.....................$ 28.35 18.66
EXHIBIT C-1
57
DocuSign Envelope ID: 617B51D9-2D5C-414D-85AA-9DBA2328C639
GROUP 2.....................$ 27.85 18.66
GROUP 3.....................$ 27.26 18.66
GROUP 4.....................$ 27.14 18.66
Laborers: (WRECKING - AREA A:)
GROUP 1.....................$ 28.39 18.66
GROUP 2.....................$ 28.24 18.66
Laborers: (WRECKING - AREA B:)
GROUP 1.....................$ 27.39 18.66
GROUP 2.....................$ 27.24 18.66
Landscape Laborer (GARDENERS,
HORTICULTURAL & LANDSCAPE
LABORERS - AREA A:)
(1) New Construction........$ 28.14 18.66
(2) Establishment Warranty
Period......................$ 21.83 18.66
Landscape Laborer (GARDENERS,
HORTICULURAL & LANDSCAPE
LABORERS - AREA B:)
(1) New Construction........$ 27.14 18.66
(2) Establishment Warranty
Period......................$ 20.83 18.66
FOOTNOTES:
Laborers working off or with or from bos'n chairs, swinging
scaffolds, belts shall receive $0.25 per hour above the
applicable wage rate. This shall not apply to workers
entitled to receive the wage rate set forth in Group 1-a
below.
---------------------------------------------------------
LABORER CLASSIFICATIONS
CONSTRUCTION SPECIALIST GROUP: Asphalt ironer and raker;
Chainsaw; Laser beam in connection with laborers' work;
Cast-in- place manhole form setter; Pressure pipelayer;
Davis trencher - 300 or similar type (and all small
trenchers); Blaster; Diamond driller; Multiple unit drill;
Hydraulic drill
GROUP 1: Asphalt spreader boxes (all types); Barko, Wacker
and similar type tampers; Buggymobile; Caulker, bander,
pipewrapper, conduit layer, plastic pipelayer; Certified
hazardous waste worker including Leade Abatement;
Compactors of all types; Concrete and magnesite mixer, 1/2
yd. and under; Concrete pan work; Concrete sander; Concrete
saw; Cribber and/or shoring; Cut granite curb setter;
Dri-pak-it machine; Faller, logloader and bucker; Form
raiser, slip forms; Green cutter; Headerboard, Hubsetter,
aligner, by any method; High pressure blow pipe (1-1/2" or
over, 100 lbs. pressure/over); Hydro seeder and similar
type; Jackhammer operator; Jacking of pipe over 12 inches;
Jackson and similar type compactor; Kettle tender, pot and
worker applying asphalt, lay-kold, creosote, lime, caustic
and similar type materials (applying means applying,
dipping or handling of such materials); Lagging, sheeting,
EXHIBIT C-1
58
DocuSign Envelope ID: 617B51D9-2D5C-414D-85AA-9DBA2328C639
whaling, bracing, trenchjacking, lagging hammer; Magnesite,
epoxyresin, fiberglass, mastic worker (wet or dry); No
joint pipe and stripping of same, including repair of
voids; Pavement breaker and spader, including tool grinder;
Perma curb; Pipelayer (including grade checking in
connection with pipelaying); Precast-manhole setter;
Pressure pipe tester; Post hole digger, air, gas and
electric; Power broom sweeper; Power tampers of all types
(except as shown in Group 2); Ram set gun and stud gun;
Riprap stonepaver and rock-slinger, including placing of
sacked concrete and/or sand (wet or dry) and gabions and
similar type; Rotary scarifier or multiple head concrete
chipping scarifier; Roto and Ditch Witch; Rototiller;
Sandblaster, pot, gun, nozzle operators; Signalling and
rigging; Tank cleaner; Tree climber; Turbo blaster;
Vibrascreed, bull float in connection with laborers' work;
Vibrator; Hazardous waste worker (lead removal); Asbestos
and mold removal worker
GROUP 1-a: Joy drill model TWM-2A; Gardner-Denver model DH143
and similar type drills; Track driller; Jack leg driller;
Wagon driller; Mechanical drillers, all types regardless of
type or method of power; Mechanical pipe layers, all types
regardless of type or method of power; Blaster and powder;
All work of loading, placing and blasting of all powder and
explosives of whatever type regardless of method used for
such loading and placing; High scalers (including drilling
of same); Tree topper; Bit grinder
GROUP 1-b: Sewer cleaners shall receive $4.00 per day above
Group 1 wage rates. "Sewer cleaner" means any worker who
handles or comes in contact with raw sewage in small
diameter sewers. Those who work inside recently active,
large diameter sewers, and all recently active sewer
manholes shal receive $5.00 per day above Group 1 wage
rates.
GROUP 1-c: Burning and welding in connection with laborers'
work; Synthetic thermoplastics and similar type welding
GROUP 1-d: Maintenance and repair track and road beds. All
employees performing work covered herein shall receive $
.25 per hour above their regular rate for all work
performed on underground structures not specifically
covered herein. This paragraph shall not be construed to
apply to work below ground level in open cut. It shall
apply to cut and cover work of subway construction after
the temporary cover has been placed.
GROUP 1-e: Work on and/or in bell hole footings and shafts
thereof, and work on and in deep footings. (A deep footing
is a hole 15 feet or more in depth.) In the event the
depth of the footing is unknown at the commencement of
excavation, and the final depth exceeds 15 feet, the deep
footing wage rate would apply to all employees for each and
every day worked on or in the excavation of the footing
from the date of inception.
EXHIBIT C-1
59
DocuSign Envelope ID: 617B51D9-2D5C-414D-85AA-9DBA2328C639
GROUP 1-f: Wire winding machine in connection with guniting
or shot crete
GROUP 1-g, CONTRA COSTA COUNTY: Pipelayer (including grade
checking in connection with pipelaying); Caulker; Bander;
Pipewrapper; Conduit layer; Plastic pipe layer; Pressure
pipe tester; No joint pipe and stripping of same, including
repair of voids; Precast manhole setters, cast in place
manhole form setters
GROUP 2: Asphalt shoveler; Cement dumper and handling dry
cement or gypsum; Choke-setter and rigger (clearing work);
Concrete bucket dumper and chute; Concrete chipping and
grinding; Concrete laborer (wet or dry); Driller tender,
chuck tender, nipper; Guinea chaser (stake), grout crew;
High pressure nozzle, adductor; Hydraulic monitor (over 100
lbs. pressure); Loading and unloading, carrying and hauling
of all rods and materials for use in reinforcing concrete
construction; Pittsburgh chipper and similar type brush
shredders; Sloper; Single foot, hand-held, pneumatic
tamper; All pneumatic, air, gas and electric tools not
listed in Groups 1 through 1-f; Jacking of pipe - under 12
inches
GROUP 3: Construction laborers, including bridge and general
laborer; Dump, load spotter; Flag person; Fire watcher;
Fence erector; Guardrail erector; Gardener, horticultural
and landscape laborer; Jetting; Limber, brush loader and
piler; Pavement marker (button setter); Maintenance, repair
track and road beds; Streetcar and railroad construction
track laborer; Temporary air and water lines, Victaulic or
similar; Tool room attendant (jobsite only)
GROUP 4: Final clean-up work of debris, grounds and building
including but not limited to: street cleaner; cleaning and
washing windows; brick cleaner (jobsite only); material
cleaner (jobsite only). The classification "material
cleaner" is to be utilized under the following conditions:
A: at demolition site for the salvage of the material.
B: at the conclusion of a job where the material is to be
salvaged and stocked to be reused on another job.
C: for the cleaning of salvage material at the jobsite or
temporary jobsite yard.
The material cleaner classification should not be used in
the performance of "form stripping, cleaning and oiling
and moving to the next point of erection".
--------------------------------------------------------
GUNITE LABORER CLASSIFICATIONS
GROUP 1: Structural Nozzleman
GROUP 2: Nozzleman, Gunman, Potman, Groundman
EXHIBIT C-1
60
DocuSign Envelope ID: 617B51D9-2D5C-414D-85AA-9DBA2328C639
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)
----------------------------------------------------------------
LABO0073-002 06/30/2014
CALAVERAS AND SAN JOAQUIN COUNTIES
Rates Fringes
LABORER (TRAFFIC CONTROL/LANE
CLOSURE)
Escort Driver, Flag Person..$ 27.14 19.03
Traffic Control Person I....$ 27.44 19.03
Traffic Control Person II...$ 24.94 19.03
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.
----------------------------------------------------------------
LABO0073-003 06/30/2014
SAN JOAQUIN COUNTY
Rates Fringes
LABORER
Mason Tender-Brick..........$ 31.11 17.34
----------------------------------------------------------------
LABO0073-005 06/30/2014
Rates Fringes
Tunnel and Shaft Laborers:
GROUP 1.....................$ 34.60 19.49
GROUP 2.....................$ 34.37 19.49
GROUP 3.....................$ 34.12 19.49
GROUP 4.....................$ 33.67 19.49
GROUP 5.....................$ 33.13 19.49
Shotcrete Specialist........$ 35.12 19.49
TUNNEL AND SHAFT CLASSIFICATIONS
EXHIBIT C-1
61
DocuSign Envelope ID: 617B51D9-2D5C-414D-85AA-9DBA2328C639
GROUP 1: Diamond driller; Groundmen; Gunite and shotcrete
nozzlemen
GROUP 2: Rodmen; Shaft work & raise (below actual or
excavated ground level)
GROUP 3: Bit grinder; Blaster, driller, powdermen, heading;
Cherry pickermen - where car is lifted; Concrete finisher
in tunnel; Concrete screedman; Grout pumpman and potman;
Gunite & shotcrete gunman & potman; Headermen; High
pressure nozzleman; Miner - tunnel, including top and
bottom man on shaft and raise work; Nipper; Nozzleman on
slick line; Sandblaster - potman, Robotic Shotcrete Placer,
Segment Erector, Tunnel Muck Hauler, Steel Form raiser and
setter; Timberman, retimberman (wood or steel or substitute
materials therefore); Tugger (for tunnel laborer work);
Cable tender; Chuck tender; Powderman - primer house
GROUP 4: Vibrator operator, pavement breaker; Bull gang -
muckers, trackmen; Concrete crew - includes rodding and
spreading, Dumpmen (any method)
GROUP 5: Grout crew; Reboundman; Swamper/ Brakeman
----------------------------------------------------------------
LABO0166-001 07/01/2006
ALAMEDA AND CONTRA COSTA COUNTIES:
Rates Fringes
Brick Tender.....................$ 25.91 14.65
FOOTNOTES: Work on jobs where heat-protective clothing is
required: $2.00 per hour additional. Work at grinders: $.25
per hour additional. Manhole work: $2.00 per day additional.
----------------------------------------------------------------
LABO0166-002 07/01/2007
SAN FRANCISCO AND SAN MATEO COUNTIES:
Rates Fringes
MASON TENDER, BRICK..............$ 26.93 16.50
FOOTNOTES: Underground work such as sewers, manholes, catch
basins, sewer pipes, telephone conduits, tunnels and cut
trenches: $5.00 per day additional. Work in live sewage:
$2.50 per day additional.
----------------------------------------------------------------
LABO0261-003 06/30/2014
SAN FRANCISCO AND SAN MATEO COUNTIES
EXHIBIT C-1
62
DocuSign Envelope ID: 617B51D9-2D5C-414D-85AA-9DBA2328C639
Rates Fringes
LABORER (TRAFFIC CONTROL/LANE
CLOSURE)
Escort Driver, Flag Person..$ 28.14 19.03
Traffic Control Person I....$ 28.44 19.03
Traffic Control Person II...$ 25.94 19.03
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.
----------------------------------------------------------------
LABO0261-005 06/30/2014
SAN FRANCISCO AND SAN MATEO COUNTIES
Rates Fringes
Tunnel and Shaft Laborers:
GROUP 1.....................$ 34.60 19.49
GROUP 2.....................$ 34.37 19.49
GROUP 3.....................$ 34.12 19.49
GROUP 4.....................$ 33.67 19.49
GROUP 5.....................$ 33.13 19.49
Shotcrete Specialist........$ 35.12 19.49
TUNNEL AND SHAFT CLASSIFICATIONS
GROUP 1: Diamond driller; Groundmen; Gunite and shotcrete
nozzlemen
GROUP 2: Rodmen; Shaft work & raise (below actual or
excavated ground level)
GROUP 3: Bit grinder; Blaster, driller, powdermen, heading;
Cherry pickermen - where car is lifted; Concrete finisher
in tunnel; Concrete screedman; Grout pumpman and potman;
Gunite & shotcrete gunman & potman; Headermen; High
pressure nozzleman; Miner - tunnel, including top and
bottom man on shaft and raise work; Nipper; Nozzleman on
slick line; Sandblaster - potman, Robotic Shotcrete Placer,
Segment Erector, Tunnel Muck Hauler, Steel Form raiser and
setter; Timberman, retimberman (wood or steel or substitute
materials therefore); Tugger (for tunnel laborer work);
Cable tender; Chuck tender; Powderman - primer house
GROUP 4: Vibrator operator, pavement breaker; Bull gang -
muckers, trackmen; Concrete crew - includes rodding and
spreading, Dumpmen (any method)
GROUP 5: Grout crew; Reboundman; Swamper/ Brakeman
----------------------------------------------------------------
EXHIBIT C-1
63
DocuSign Envelope ID: 617B51D9-2D5C-414D-85AA-9DBA2328C639
LABO0270-003 06/30/2014
AREA A: SANTA CLARA
AREA B: MONTEREY, SAN BENITO AND SANTA CRUZ COUNTIES
Rates Fringes
LABORER (TRAFFIC CONTROL/LANE
CLOSURE)
Escort Driver, Flag Person
Area A.....................$ 28.14 19.03
Area B.....................$ 27.14 19.03
Traffic Control Person I
Area A.....................$ 28.44 19.03
Area B.....................$ 27.44 19.03
Traffic Control Person II
Area A.....................$ 25.94 19.03
Area B.....................$ 24.94 19.03
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.
----------------------------------------------------------------
LABO0270-004 06/30/2014
MONTEREY, SAN BENITO, SANTA CLARA, AND SANTA CRUZ COUNTIES
Rates Fringes
Tunnel and Shaft Laborers:
GROUP 1.....................$ 34.60 19.49
GROUP 2.....................$ 34.37 19.49
GROUP 3.....................$ 34.12 19.49
GROUP 4.....................$ 33.67 19.49
GROUP 5.....................$ 33.13 19.49
Shotcrete Specialist........$ 35.12 19.49
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
EXHIBIT C-1
64
DocuSign Envelope ID: 617B51D9-2D5C-414D-85AA-9DBA2328C639
slick line; Sandblaster - potman, Robotic Shotcrete Placer,
Segment Erector, Tunnel Muck Hauler, Steel Form raiser and
setter; Timberman, retimberman (wood or steel or substitute
materials therefore); Tugger (for tunnel laborer work);
Cable tender; Chuck tender; Powderman - primer house
GROUP 4: Vibrator operator, pavement breaker; Bull gang -
muckers, trackmen; Concrete crew - includes rodding and
spreading, Dumpmen (any method)
GROUP 5: Grout crew; Reboundman; Swamper/ Brakeman
----------------------------------------------------------------
LABO0270-005 07/01/2013
MONTEREY AND SAN BENITO COUNTIES
Rates Fringes
LABORER
Mason Tender-Brick..........$ 31.70 16.53
----------------------------------------------------------------
LABO0294-001 06/30/2014
FRESNO, KINGS AND MADERA COUNTIES
Rates Fringes
LABORER (Brick)
Mason Tender-Brick..........$ 31.11 17.34
----------------------------------------------------------------
LABO0294-002 06/30/2014
FRESNO, KINGS, AND MADERA COUNTIES
Rates Fringes
LABORER (TRAFFIC CONTROL/LANE
CLOSURE)
Escort Driver, Flag Person..$ 27.14 19.03
Traffic Control Person I....$ 27.44 19.03
Traffic Control Person II...$ 24.94 19.03
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.
----------------------------------------------------------------
LABO0294-005 06/30/2014
FRESNO, KINGS, AND MADERA COUNTIES
Rates Fringes
EXHIBIT C-1
65
DocuSign Envelope ID: 617B51D9-2D5C-414D-85AA-9DBA2328C639
Tunnel and Shaft Laborers:
GROUP 1.....................$ 34.60 19.49
GROUP 2.....................$ 34.37 19.49
GROUP 3.....................$ 34.12 19.49
GROUP 4.....................$ 33.67 19.49
GROUP 5.....................$ 33.13 19.49
Shotcrete Specialist........$ 35.12 19.49
TUNNEL AND SHAFT CLASSIFICATIONS
GROUP 1: Diamond driller; Groundmen; Gunite and shotcrete
nozzlemen
GROUP 2: Rodmen; Shaft work & raise (below actual or
excavated ground level)
GROUP 3: Bit grinder; Blaster, driller, powdermen, heading;
Cherry pickermen - where car is lifted; Concrete finisher
in tunnel; Concrete screedman; Grout pumpman and potman;
Gunite & shotcrete gunman & potman; Headermen; High
pressure nozzleman; Miner - tunnel, including top and
bottom man on shaft and raise work; Nipper; Nozzleman on
slick line; Sandblaster - potman, Robotic Shotcrete Placer,
Segment Erector, Tunnel Muck Hauler, Steel Form raiser and
setter; Timberman, retimberman (wood or steel or substitute
materials therefore); Tugger (for tunnel laborer work);
Cable tender; Chuck tender; Powderman - primer house
GROUP 4: Vibrator operator, pavement breaker; Bull gang -
muckers, trackmen; Concrete crew - includes rodding and
spreading, Dumpmen (any method)
GROUP 5: Grout crew; Reboundman; Swamper/ Brakeman
----------------------------------------------------------------
LABO0304-002 06/30/2014
ALAMEDA COUNTY
Rates Fringes
LABORER (TRAFFIC CONTROL/LANE
CLOSURE)
Escort Driver, Flag Person..$ 28.14 19.03
Traffic Control Person I....$ 28.44 19.03
Traffic Control Person II...$ 25.94 19.03
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.
----------------------------------------------------------------
LABO0304-003 06/30/2014
EXHIBIT C-1
66
DocuSign Envelope ID: 617B51D9-2D5C-414D-85AA-9DBA2328C639
ALAMEDA COUNTY
Rates Fringes
Tunnel and Shaft Laborers:
GROUP 1.....................$ 34.60 19.49
GROUP 2.....................$ 34.37 19.49
GROUP 3.....................$ 34.12 19.49
GROUP 4.....................$ 33.67 19.49
GROUP 5.....................$ 33.13 19.49
Shotcrete Specialist........$ 35.12 19.49
TUNNEL AND SHAFT CLASSIFICATIONS
GROUP 1: Diamond driller; Groundmen; Gunite and shotcrete
nozzlemen
GROUP 2: Rodmen; Shaft work & raise (below actual or
excavated ground level)
GROUP 3: Bit grinder; Blaster, driller, powdermen, heading;
Cherry pickermen - where car is lifted; Concrete finisher
in tunnel; Concrete screedman; Grout pumpman and potman;
Gunite & shotcrete gunman & potman; Headermen; High
pressure nozzleman; Miner - tunnel, including top and
bottom man on shaft and raise work; Nipper; Nozzleman on
slick line; Sandblaster - potman, Robotic Shotcrete Placer,
Segment Erector, Tunnel Muck Hauler, Steel Form raiser and
setter; Timberman, retimberman (wood or steel or substitute
materials therefore); Tugger (for tunnel laborer work);
Cable tender; Chuck tender; Powderman - primer house
GROUP 4: Vibrator operator, pavement breaker; Bull gang -
muckers, trackmen; Concrete crew - includes rodding and
spreading, Dumpmen (any method)
GROUP 5: Grout crew; Reboundman; Swamper/ Brakeman
----------------------------------------------------------------
LABO0324-002 06/30/2014
CONTRA COSTA COUNTY
Rates Fringes
LABORER (TRAFFIC CONTROL/LANE
CLOSURE)
Escort Driver, Flag Person..$ 28.14 19.03
Traffic Control Person I....$ 28.44 19.03
Traffic Control Person II...$ 25.94 19.03
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.
EXHIBIT C-1
67
DocuSign Envelope ID: 617B51D9-2D5C-414D-85AA-9DBA2328C639
----------------------------------------------------------------
LABO0324-006 06/30/2014
CONTRA COSTA COUNTY
Rates Fringes
Tunnel and Shaft Laborers:
GROUP 1.....................$ 34.60 19.49
GROUP 2.....................$ 34.37 19.49
GROUP 3.....................$ 34.12 19.49
GROUP 4.....................$ 33.67 19.49
GROUP 5.....................$ 33.13 19.49
Shotcrete Specialist........$ 35.12 19.49
TUNNEL AND SHAFT CLASSIFICATIONS
GROUP 1: Diamond driller; Groundmen; Gunite and shotcrete
nozzlemen
GROUP 2: Rodmen; Shaft work & raise (below actual or
excavated ground level)
GROUP 3: Bit grinder; Blaster, driller, powdermen, heading;
Cherry pickermen - where car is lifted; Concrete finisher
in tunnel; Concrete screedman; Grout pumpman and potman;
Gunite & shotcrete gunman & potman; Headermen; High
pressure nozzleman; Miner - tunnel, including top and
bottom man on shaft and raise work; Nipper; Nozzleman on
slick line; Sandblaster - potman, Robotic Shotcrete Placer,
Segment Erector, Tunnel Muck Hauler, Steel Form raiser and
setter; Timberman, retimberman (wood or steel or substitute
materials therefore); Tugger (for tunnel laborer work);
Cable tender; Chuck tender; Powderman - primer house
GROUP 4: Vibrator operator, pavement breaker; Bull gang -
muckers, trackmen; Concrete crew - includes rodding and
spreading, Dumpmen (any method)
GROUP 5: Grout crew; Reboundman; Swamper/ Brakeman
----------------------------------------------------------------
LABO1130-002 06/30/2014
MARIPOSA, MERCED, STANISLAUS, AND TUOLUMNE COUNTIES
Rates Fringes
LABORER (TRAFFIC CONTROL/LANE
CLOSURE)
Escort Driver, Flag Person..$ 27.14 19.03
Traffic Control Person I....$ 27.44 19.03
Traffic Control Person II...$ 24.94 19.03
TRAFFIC CONTROL PERSON I: Layout of traffic control, crash
cushions, construction area and roadside signage.
EXHIBIT C-1
68
DocuSign Envelope ID: 617B51D9-2D5C-414D-85AA-9DBA2328C639
TRAFFIC CONTROL PERSON II: Installation and removal of
temporary/permanent signs, markers, delineators and crash
cushions.
----------------------------------------------------------------
LABO1130-003 06/30/2014
MARIPOSA, MERCED, STANISLAUS, AND TUOLUMNE COUNTIES
Rates Fringes
Tunnel and Shaft Laborers:
GROUP 1.....................$ 34.60 19.49
GROUP 2.....................$ 34.37 19.49
GROUP 3.....................$ 34.12 19.49
GROUP 4.....................$ 33.67 19.49
GROUP 5.....................$ 33.13 19.49
Shotcrete Specialist........$ 35.12 19.49
TUNNEL AND SHAFT CLASSIFICATIONS
GROUP 1: Diamond driller; Groundmen; Gunite and shotcrete
nozzlemen
GROUP 2: Rodmen; Shaft work & raise (below actual or
excavated ground level)
GROUP 3: Bit grinder; Blaster, driller, powdermen, heading;
Cherry pickermen - where car is lifted; Concrete finisher
in tunnel; Concrete screedman; Grout pumpman and potman;
Gunite & shotcrete gunman & potman; Headermen; High
pressure nozzleman; Miner - tunnel, including top and
bottom man on shaft and raise work; Nipper; Nozzleman on
slick line; Sandblaster - potman, Robotic Shotcrete Placer,
Segment Erector, Tunnel Muck Hauler, Steel Form raiser and
setter; Timberman, retimberman (wood or steel or substitute
materials therefore); Tugger (for tunnel laborer work);
Cable tender; Chuck tender; Powderman - primer house
GROUP 4: Vibrator operator, pavement breaker; Bull gang -
muckers, trackmen; Concrete crew - includes rodding and
spreading, Dumpmen (any method)
GROUP 5: Grout crew; Reboundman; Swamper/ Brakeman
----------------------------------------------------------------
LABO1130-005 06/30/2014
MARIPOSA, MERCED, STANISLAUS AND TUOLUMNE COUNTIES
Rates Fringes
LABORER
Mason Tender-Brick..........$ 31.11 17.34
----------------------------------------------------------------
LABO1414-004 08/03/2016
EXHIBIT C-1
69
DocuSign Envelope ID: 617B51D9-2D5C-414D-85AA-9DBA2328C639
SAN FRANCISCO AND SAN MATEO COUNTIES:
Rates Fringes
PLASTER TENDER...................$ 34.15 19.28
Work on a swing stage scaffold: $1.00 per hour additional.
----------------------------------------------------------------
LABO1414-007 08/03/2016
CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, SAN
JOAQUIN, STANISLAUS & TUOLUMNE
Rates Fringes
Plasterer tender.................$ 34.15 19.28
Work on a swing stage scaffold: $1.00 per hour additional.
----------------------------------------------------------------
LABO1414-008 08/03/2016
ALAMEDA AND CONTRA COSTA COUNTIES:
Rates Fringes
Plasterer tender.................$ 34.15 19.28
Work on a swing stage scaffold: $1.00 per hour additional.
----------------------------------------------------------------
LABO1414-010 08/03/2016
SANTA CLARA AND SANTA CRUZ COUNTIES
Rates Fringes
PLASTER TENDER
4 Stories and under.........$ 32.15 19.28
5 Stories and above.........$ 34.15 19.28
Work on a swing stage scaffold: $1.00 per hour additional.
----------------------------------------------------------------
LABO1414-011 08/03/2016
MONTEREY AND SAN BENITO COUNTIES
Rates Fringes
Plasterer tender.................$ 34.15 19.28
Work on a swing stage scaffold: $1.00 per hour additional.
----------------------------------------------------------------
PAIN0016-001 01/01/2015
ALAMEDA, CONTRA COSTA, MONTEREY, SAN BENITO, SAN MATEO, SANTA
CLARA, AND SANTA CRUZ COUNTIES
EXHIBIT C-1
70
DocuSign Envelope ID: 617B51D9-2D5C-414D-85AA-9DBA2328C639
Rates Fringes
Painters:........................$ 36.45 21.48
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
processing of goods for sale or service; steel construction
(bridges), stacks, towers, tanks, and similar structures]
HIGH WORK:
over 50 feet - $2.00 per hour additional
100 to 180 feet - $4.00 per hour additional
Over 180 feet - $6.00 per houir additional
----------------------------------------------------------------
PAIN0016-003 07/01/2016
AREA 1: ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO & SANTA
CLARA COUNTIES
AREA 2: CALAVERAS, MARIPOA, MERCED, MONTEREY, SAN BENITO, SAN
JOAQUIN, SANTA CRUZ, STANISLAUS & TUOLUMNE COUNTIES
Rates Fringes
Drywall Finisher/Taper
AREA 1......................$ 43.79 24.01
AREA 2......................$ 39.66 22.61
----------------------------------------------------------------
PAIN0016-012 01/01/2015
ALAMEDA, CONTRA COSTA, MARIPOSA, MERCED, MONTEREY, SAN BENITO,
SAN FRANCISCO, SAN MATEO, SANTA CLARA AND SANTA CRUZ COUNTIES
Rates Fringes
SOFT FLOOR LAYER.................$ 46.20 18.73
----------------------------------------------------------------
PAIN0016-015 01/01/2015
CALAVERAS, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS & TUOLUMNE
COUNTIES
Rates Fringes
PAINTER
Brush.......................$ 30.85 16.85
EXHIBIT C-1
71
DocuSign Envelope ID: 617B51D9-2D5C-414D-85AA-9DBA2328C639
FOOTNOTES:
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 $6.00 additional per hour.
----------------------------------------------------------------
PAIN0016-022 01/01/2015
SAN FRANCISCO COUNTY
Rates Fringes
PAINTER..........................$ 40.07 21.48
----------------------------------------------------------------
PAIN0169-001 01/01/2015
FRESNO, KINGS, MADERA, MARIPOSA AND MERCED COUNTIES:
Rates Fringes
GLAZIER..........................$ 34.83 19.75
----------------------------------------------------------------
PAIN0169-005 01/01/2015
ALAMEDA CONTRA COSTA, MONTEREY, SAN BENITO, SAN FRANCISCO, SAN
MATEO, SANTA CLARA & SANTA CRUZ COUNTIES
Rates Fringes
GLAZIER..........................$ 43.48 24.19
----------------------------------------------------------------
PAIN0294-004 01/01/2015
FRESNO, KINGS AND MADERA COUNTIES
Rates Fringes
PAINTER
Brush, Roller...............$ 25.67 15.68
Drywall Finisher/Taper......$ 30.47 16.81
FOOTNOTE:
Spray Painters & Paperhangers recive $1.00 additional per
hour. Painters doing Drywall Patching receive $1.25
additional per hour. Lead Abaters & Sandblasters receive
$1.50 additional per hour. High Time - over 30 feet (does
not include work from a lift) $0.75 per hour additional.
----------------------------------------------------------------
PAIN0294-005 01/01/2015
FRESNO, KINGS & MADERA
EXHIBIT C-1
72
DocuSign Envelope ID: 617B51D9-2D5C-414D-85AA-9DBA2328C639
Rates Fringes
SOFT FLOOR LAYER.................$ 30.83 17.39
----------------------------------------------------------------
PAIN0767-001 01/01/2015
CALAVERAS, SAN JOAQUIN, STANISLAUS AND TUOLUMNE COUNTIES:
Rates Fringes
GLAZIER..........................$ 33.79 22.49
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 $1.50
per hour above the basic hourly rate at any elevation.
----------------------------------------------------------------
PAIN1176-001 07/01/2014
HIGHWAY IMPR0VEMENT
Rates Fringes
Parking Lot Striping/Highway
Marking:
GROUP 1.....................$ 34.26 11.65
GROUP 2.....................$ 29.12 11.65
GROUP 3.....................$ 29.46 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
----------------------------------------------------------------
PAIN1237-003 01/01/2015
CALAVERAS; SAN JOAQUIN COUNTIES; STANISLAUS AND TUOLUMNE
COUNTIES:
Rates Fringes
SOFT FLOOR LAYER.................$ 31.79 14.93
----------------------------------------------------------------
PLAS0066-002 07/01/2016
ALAMEDA, CONTRA COSTA, SAN MATEO AND SAN FRANCISCO COUNTIES:
EXHIBIT C-1
73
DocuSign Envelope ID: 617B51D9-2D5C-414D-85AA-9DBA2328C639
Rates Fringes
PLASTERER........................$ 39.52 35.37
----------------------------------------------------------------
PLAS0300-001 07/01/2014
Rates Fringes
PLASTERER
AREA 188: Fresno...........$ 29.44 22.26
AREA 224: San Benito,
Santa Clara, Santa Cruz.....$ 31.59 22.26
AREA 295: Calaveras & San
Joaquin Couonties...........$ 31.41 22.26
AREA 337: Monterey County..$ 30.52 22.26
AREA 429: Mariposa,
Merced, Stanislaus,
Tuolumne Counties...........$ 31.41 22.26
----------------------------------------------------------------
PLAS0300-005 07/01/2016
Rates Fringes
CEMENT MASON/CONCRETE FINISHER...$ 37.74 19.37
----------------------------------------------------------------
PLUM0038-001 07/01/2016
SAN FRANCISCO COUNTY
Rates Fringes
PLUMBER (Plumber,
Steamfitter, Refrigeration
Fitter)..........................$ 68.00 45.09
----------------------------------------------------------------
PLUM0038-005 07/01/2016
SAN FRANCISCO COUNTY
Rates Fringes
Landscape/Irrigation Fitter
(Underground/Utility Fitter).....$ 57.80 33.46
----------------------------------------------------------------
* PLUM0062-001 01/01/2017
MONTEREY AND SANTA CRUZ COUNTIES
Rates Fringes
PLUMBER & STEAMFITTER............$ 41.90 29.59
----------------------------------------------------------------
PLUM0159-001 07/01/2016
CONTRA COSTA COUNTY
Rates Fringes
EXHIBIT C-1
74
DocuSign Envelope ID: 617B51D9-2D5C-414D-85AA-9DBA2328C639
Plumber and steamfitter
(1) Refrigeration...........$ 55.03 34.46
(2) All other work..........$ 55.92 34.44
----------------------------------------------------------------
* PLUM0246-001 01/01/2017
FRESNO, KINGS & MADERA COUNTIES
Rates Fringes
PLUMBER & STEAMFITTER............$ 38.40 29.39
----------------------------------------------------------------
* PLUM0246-004 01/01/2017
FRESNO, MERCED & SAN JOAQUIN COUNIES
Rates Fringes
PLUMBER (PIPE TRADESMAN).........$ 13.00 10.74
PIPE TRADESMAN SCOPE OF WORK:
Installation of corrugated metal piping for drainage, as well
as installation of corrugated metal piping for culverts in
connection with storm sewers and drains; Grouting, dry
packing and diapering of joints, holes or chases including
paving over joints, in piping; Temporary piping for dirt
work for building site preparation; Operating jack hammers,
pavement breakers, chipping guns, concrete saws and spades
to cut holes, chases and channels for piping systems;
Digging, grading, backfilling and ground preparation for
all types of pipe to all points of the jobsite; Ground
preparation including ground leveling, layout and planting
of shrubbery, trees and ground cover, including watering,
mowing, edging, pruning and fertilizing, the breaking of
concrete, digging, backfilling and tamping for the
preparation and completion of all work in connection with
lawn sprinkler and landscaping; Loading, unloading and
distributing materials at jobsite; Putting away materials
in storage bins in jobsite secure storage area; Demolition
of piping and fixtures for remodeling and additions;
Setting up and tearing down work benches, ladders and job
shacks; Clean-up and sweeping of jobsite; Pipe wrapping and
waterproofing where tar or similar material is applied for
protection of buried piping; Flagman
----------------------------------------------------------------
PLUM0342-001 07/01/2016
ALAMEDA & CONTRA COSTA COUNTIES
Rates Fringes
PIPEFITTER
CONTRA COSTA COUNTY.........$ 56.56 40.74
PLUMBER, PIPEFITTER,
STEAMFITTER
EXHIBIT C-1
75
DocuSign Envelope ID: 617B51D9-2D5C-414D-85AA-9DBA2328C639
ALAMEDA COUNTY..............$ 56.56 40.74
----------------------------------------------------------------
PLUM0355-004 07/01/2015
ALAMEDA, CALAVERAS, CONTRA COSTA, FRESNO, KINGS, MADERA,
MARIPOSA, MERCED, MONTEREY, SAN BENITO, SAN JOAQUIN, SAN MATEO,
SANTA CLARA, SANTA CRUZ, STANISLAUS, AND TUOLUMNE COUNTIES:
Rates Fringes
Underground Utility Worker
/Landscape Fitter...........$ 28.60 10.05
----------------------------------------------------------------
PLUM0393-001 07/01/2016
SAN BENITO AND SANTA CLARA COUNTIES
Rates Fringes
PLUMBER/PIPEFITTER...............$ 58.91 38.58
----------------------------------------------------------------
* PLUM0442-001 01/01/2017
CALAVERAS, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS & TUOLUMNE
COUNTIES
Rates Fringes
PLUMBER & STEAMFITTER............$ 40.00 28.39
----------------------------------------------------------------
PLUM0467-001 07/01/2016
SAN MATEO COUNTY
Rates Fringes
Plumber/Pipefitter/Steamfitter...$ 60.70 33.46
----------------------------------------------------------------
* ROOF0027-002 01/01/2017
FRESNO, KINGS, AND MADERA COUNTIES
Rates Fringes
ROOFER...........................$ 26.01 14.21
FOOTNOTE: Work with pitch, pitch base of pitch impregnated
products or any material containing coal tar pitch, on any
building old or new, where both asphalt and pitchers are
used in the application of a built-up roof or tear off:
$2.00 per hour additional.
----------------------------------------------------------------
ROOF0040-002 08/01/2015
EXHIBIT C-1
76
DocuSign Envelope ID: 617B51D9-2D5C-414D-85AA-9DBA2328C639
SAN FRANCISCO & SAN MATEO COUNTIES:
Rates Fringes
ROOFER...........................$ 35.50 15.82
----------------------------------------------------------------
ROOF0081-001 08/01/2015
ALAMEDA AND CONTRA COSTA COUNTIES:
Rates Fringes
Roofer...........................$ 36.08 14.90
----------------------------------------------------------------
ROOF0081-004 08/01/2015
CALAVERAS, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS AND
TUOLUMNE COUNTIES:
Rates Fringes
ROOFER...........................$ 32.71 14.65
----------------------------------------------------------------
ROOF0095-002 08/01/2015
MONTEREY, SAN BENITO, SANTA CLARA, AND SANTA CRUZ COUNTIES:
Rates Fringes
ROOFER
Journeyman..................$ 37.55 15.52
Kettle person (2 kettles);
Bitumastic, Enameler, Coal
Tar, Pitch and Mastic
worker......................$ 39.55 15.52
----------------------------------------------------------------
SFCA0483-001 08/01/2016
ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO AND SANTA CLARA
COUNTIES:
Rates Fringes
SPRINKLER FITTER (FIRE)..........$ 59.12 28.33
----------------------------------------------------------------
SFCA0669-011 04/01/2016
CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, MONTEREY,
SAN BENITO, SAN JOAQUIN, SANTA CRUZ, STANISLAUS AND TUOLUMNE
COUNTIES:
Rates Fringes
SPRINKLER FITTER.................$ 35.71 20.25
EXHIBIT C-1
77
DocuSign Envelope ID: 617B51D9-2D5C-414D-85AA-9DBA2328C639
----------------------------------------------------------------
SHEE0104-001 01/01/2017
AREA 1: ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO, SANTA
CLARA
AREA 2: MONTEREY & SAN BENITO
AREA 3: SANTA CRUZ
Rates Fringes
SHEET METAL WORKER
AREA 1:
Mechanical Contracts
under $200,000.............$ 48.23 36.45
All Other Work.............$ 54.58 37.08
AREA 2......................$ 34.96 34.21
AREA 3......................$ 38.28 33.01
----------------------------------------------------------------
SHEE0104-003 07/01/2016
CALAVERAS AND SAN JOAQUIN COUNTIES:
Rates Fringes
SHEET METAL WORKER...............$ 38.12 30.50
----------------------------------------------------------------
SHEE0104-005 07/01/2016
MARIPOSA, MERCED, STANISLAUS AND TUOLUMNE COUNTIES:
Rates Fringes
SHEET METAL WORKER (Excluding
metal deck and siding)...........$ 36.88 33.30
----------------------------------------------------------------
SHEE0104-007 07/01/2016
FRESNO, KINGS, AND MADERA COUNTIES:
Rates Fringes
SHEET METAL WORKER...............$ 36.15 33.70
----------------------------------------------------------------
SHEE0104-015 07/01/2016
ALAMEDA, CONTRA COSTA, MONTEREY, SAN BENITO, SAN FRANCISCO, SAN
MATEO, SANTA CLARA AND SANTA CRUZ COUNTIES:
Rates Fringes
SHEET METAL WORKER (Metal
Decking and Siding only).........$ 35.64 31.49
----------------------------------------------------------------
EXHIBIT C-1
78
DocuSign Envelope ID: 617B51D9-2D5C-414D-85AA-9DBA2328C639
SHEE0104-018 07/01/2016
CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, SAN
JOAQUIN, STANISLAUS AND TUOLUMNE COUNTIES:
Rates Fringes
Sheet metal worker (Metal
decking and siding only).........$ 35.64 31.49
----------------------------------------------------------------
TEAM0094-001 07/01/2016
Rates Fringes
Truck drivers:
GROUP 1.....................$ 29.63 26.66
GROUP 2.....................$ 29.93 26.66
GROUP 3.....................$ 30.23 26.66
GROUP 4.....................$ 30.58 26.66
GROUP 5.....................$ 30.93 26.66
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
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
EXHIBIT C-1
79
DocuSign Envelope ID: 617B51D9-2D5C-414D-85AA-9DBA2328C639
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.
================================================================
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave
for Federal Contractors applies to all contracts subject to the
Davis-Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017. If this
contract is covered by the EO, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health-related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
health-related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the EO
is available at www.dol.gov/whd/govcontracts.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)).
EXHIBIT C-1
80
DocuSign Envelope ID: 617B51D9-2D5C-414D-85AA-9DBA2328C639
----------------------------------------------------------------
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of "identifiers" that indicate whether the particular
rate is a union rate (current union negotiated rate for local),
a survey rate (weighted average rate) or a union average rate
(weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than "SU" or
"UAVG" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198
indicates the local union number or district council number
where applicable, i.e., Plumbers Local 0198. The next number,
005 in the example, is an internal number used in processing
the wage determination. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1,
2014.
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing
this classification and rate.
Survey Rate Identifiers
Classifications listed under the "SU" identifier indicate that
no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non-union rates. Example: SULA2012-007 5/13/2014. SU indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates
the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a
new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate
EXHIBIT C-1
81
DocuSign Envelope ID: 617B51D9-2D5C-414D-85AA-9DBA2328C639
that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the
classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in
the example, is an internal number used in producing the wage
determination. 08/29/2014 indicates the survey completion date
for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of
each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate is
based.
----------------------------------------------------------------
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
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
EXHIBIT C-1
82
DocuSign Envelope ID: 617B51D9-2D5C-414D-85AA-9DBA2328C639
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
EXHIBIT C-1
83
DocuSign Envelope ID: 617B51D9-2D5C-414D-85AA-9DBA2328C639
Professional Services Rev. April 27, 2016 84
EXHIBIT “D” INSURANCE REQUIREMENTS
CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE
TERM OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF
A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS
SPECIFIED, BELOW:
REQUIRED TYPE OF COVERAGE REQUIREMENT
MINIMUM LIMITS
EACH
OCCURRENCE AGGREGATE
YES YES
WORKER’S COMPENSATION
EMPLOYER’S LIABILITY
STATUTORY
STATUTORY
YES GENERAL LIABILITY,
INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY
DAMAGE BLANKET CONTRACTUAL, AND FIRE
LEGAL LIABILITY
BODILY INJURY
PROPERTY DAMAGE
BODILY INJURY & PROPERTY DAMAGE COMBINED.
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES AUTOMOBILE LIABILITY, INCLUDING ALL OWNED,
HIRED, NON-OWNED
BODILY INJURY - EACH PERSON
- EACH OCCURRENCE
PROPERTY DAMAGE
BODILY INJURY AND PROPERTY DAMAGE, COMBINED
$1,000,000 $1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000 $1,000,000
$1,000,000
$1,000,000
$1,000,000
YES PROFESSIONAL LIABILITY,
INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE
(WHEN APPLICABLE), AND NEGLIGENT PERFORMANCE ALL DAMAGES $1,000,000
YES THE CITY OF PALO ALTO, THE STATE WATER RESOURCES CONTROL BOARD, ITS OFFICERS, AGENTS, EMPLOYEES AND SERVANTS ARE TO BE NAMED AS ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE
AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS SUBCONSULTANTS,
IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL
MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE:
A. A PROVISION FOR A WRITTEN THIRTY (30) DAY ADVANCE NOTICE TO CITY OF
CHANGE IN COVERAGE OR OF COVERAGE CANCELLATION; AND
B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY.
C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR APPROVAL.
DocuSign Envelope ID: 617B51D9-2D5C-414D-85AA-9DBA2328C639
Professional Services Rev. April 27, 2016 85
II.CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED
COVERAGE AT THE FOLLOWING URL:
https://www.planetbids.com/portal/portal.cfm?CompanyID=25569.
III.ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO
“ADDITIONAL INSUREDS”
A.PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR
CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.
B. CROSS LIABILITY
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE
POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS,
SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY.
C. NOTICE OF CANCELLATION
1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY
REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-
PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT
LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
VENDORS ARE REQUIRED TO FILE THEIR EVIDENCE OF INSURANCE AND ANY OTHER RELATED NOTICES WITH THE CITY OF PALO ALTO AT THE FOLLOWING URL:
HTTPS://WWW.PLANETBIDS.COM/PORTAL/PORTAL.CFM?COMPANYID=25569
OR
HTTP://WWW.CITYOFPALOALTO.ORG/GOV/DEPTS/ASD/PLANET_BIDS_HOW_TO.ASP
DocuSign Envelope ID: 617B51D9-2D5C-414D-85AA-9DBA2328C639
Professional Services Rev. April 27, 2016 86
EXHIBIT “E”
DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS
This Exhibit shall apply only to a contract for public works construction, alteration, demolition, repair or maintenance work, CITY will not accept a bid proposal from or enter into this
Agreement with CONSULTANT without proof that CONSULTANT and its listed
subcontractors are registered with the California Department of Industrial Relations (“DIR”) to
perform public work, subject to limited exceptions. City requires CONSULTANT and its listed subcontractors to comply with the requirements of SB 854.
CITY provides notice to CONSULTANT of the requirements of California Labor Code section
1771.1(a), which reads:
“A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance
of any contract for public work, as defined in this chapter, unless currently registered and
qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section
for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the
time the contract is awarded.”
CITY gives notice to CONSULTANT and its listed subcontractors that CONSULTANT is required to post all job site notices prescribed by law or regulation and CONSULTANT is subject to SB 854-compliance monitoring and enforcement by DIR.
CITY requires CONSULTANT and its listed subcontractors to comply with the requirements of
Labor Code section 1776, including:
Keep accurate payroll records, showing the name, address, social security number, work
classification, straight time and overtime hours worked each day and week, and the actual per
diem wages paid to each journeyman, apprentice, worker, or other employee employed by,
respectively, CONSULTANT and its listed subcontractors, in connection with the Project.
The payroll records shall be verified as true and correct and shall be certified and made available
for inspection at all reasonable hours at the principal office of CONSULTANT and its listed
subcontractors, respectively.
At the request of CITY, acting by its project manager, CONSULTANT and its listed subcontractors shall make the certified payroll records available for inspection or furnished upon
request to the project manager within ten (10) days of receipt of CITY’s request.
CITY requests CONSULTANT and its listed subcontractors to submit the certified
payroll records to the project manager at the end of each week during the Project.
If the certified payroll records are not produced to the project manager within the 10-day period,
DocuSign Envelope ID: 617B51D9-2D5C-414D-85AA-9DBA2328C639
Professional Services Rev. April 27, 2016 87
then CONSULTANT and its listed subcontractors shall be subject to a penalty of one hundred
dollars ($100.00) per calendar day, or portion thereof, for each worker, and CITY shall withhold
the sum total of penalties from the progress payment(s) then due and payable to
CONSULTANT.
Inform the project manager of the location of CONSULTANT’s and its listed subcontractors’
payroll records (street address, city and county) at the commencement of the Project, and also
provide notice to the project manager within five (5) business days of any change of location of
those payroll records.
DocuSign Envelope ID: 617B51D9-2D5C-414D-85AA-9DBA2328C639
Not Yet Approved
170328 jb 6053854 1
Resolution No. _____
Resolution of the Council of the City of Palo Alto Authorizing an Installment Sale
Agreement with the California State Water Resources Control Board in
Connection with the Financing of the Design and Construction of a Sludge
Dewatering and Load-Out Facility, Authorizing the Amendment of Two Related
Financing Agreements with the California State Water Resources Control Board
and Taking Certain Other Actions Relating Thereto
R E C I T A L S
A.The City of Palo Alto (the “City”) desires to finance the costs of designing and
constructing a sludge dewatering and load-out facility relating to its Wastewater Treatment
enterprise (the “Project”).
B.The City intends to finance the construction and/or reconstruction of the Project
or portions of the Project with moneys (“Project Funds”) provided by the State of California,
acting by and through the State Water Resources Control Board (the “State Water Board”).
C.On October 17, 2016 the City adopted Resolution No. 9630 designating the City
Manager or any designee thereof, the Director of Public Works or the Manager of the Regional
Water Quality Control Plant to execute any financial assistance agreement and take other
actions relating to the Project.
D.On October 17, 2016 the City also adopted Resolution No. 9632 declaring its
intention to use a portion of the Project Funds to reimburse certain capital expenditures made
prior to the receipt of Project Funds from available moneys of the City in connection with the
planning and design of the Project.
E.On February 13, 2017 the City also adopted Resolution No. 9667, providing for
the repayment of Project Funds from certain revenues, as such term is defined therein.
F.The City and the State Water Board now desire to approve the form of an
Installment Sale Agreement (the “Installment Sale Agreement”), for the purpose of providing
the terms relating to the distribution and repayment by the City of the Project Funds in
accordance with Resolution Nos. 9632 and 9667.
G.The City and the State Water Board have agreed that the installment payments
payable by the City under the Installment Sale Agreement will be secured by a pledge of and
payable from Net Revenues of the City’s Wastewater Collection and Wastewater Treatment
enterprise funds on a parity basis with the City’s obligation to make installment payments to
the State Water Board under a finance agreement executed by the City and the State Water
Board in 2007 (the “2007 SRF Agreement”) and a finance agreement executed by the City and
the State Water Board in 2009 (the “2009 SRF Agreement”), and the City desires to approve the
ATTACHMENT D
Not Yet Approved
170328 jb 6053854 2
form of amendments to the 2007 SRF Agreement and the 2009 SRF Agreement (the “2017 SRF
Amendments”).
NOW THEREFORE, the Council of the City of Palo Alto hereby RESOLVES as follows:
SECTION 1. Each of the above recitals is true and correct and is adopted by the
Council of the City of Palo Alto.
SECTION 2. The City approves the Project Funds in an amount not to exceed $30
million, with an interest rate not to exceed 1.8%.
SECTION 3. The form of the Installment Sale Agreement, a copy of which is
attached as Exhibit A, is hereby approved in substantially the form thereof or with such changes
as may be approved by the City Manager or any designee thereof, the Director of Public Works
or the Manager of the Regional Water Quality Control Plant (each an “Authorized Officer”).
Execution by an Authorized Officer of the Installment Sale Agreement shall constitute
conclusive evidence of such Authorized Officer’s approval of all such changes. Each of the
Authorized Officers is hereby authorized, together or alone, to execute and deliver the
Installment Sale Agreement. The City Clerk is hereby authorized to attest to the Authorized
Officer's signature.
SECTION 4. The covenants set forth in the Installment Sale Agreement to be
executed in accordance with Section 3 above are hereby approved, shall be deemed to be
covenants of the legislative body of the City, and shall be complied with by the City and its
officers.
SECTION 5. Net Revenues (as defined in the Installment Sale Agreement) shall be
pledged to the payment of amounts owed under the Installment Sale Agreement, and the City’s
obligation to make installment payments under the Installment Sale Agreement shall be from
Net Revenues only.
SECTION 6. The form of the 2017 SRF Amendments, which are attached as Exhibits
B and C, are hereby approved in substantially the form thereof or with such changes as may be
approved by an Authorized Officer. Execution by an Authorized Officer of the 2017 SRF
Amendments shall constitute conclusive evidence of such Authorized Officer’s approval of all
such changes. Each of the Authorized Officers is hereby authorized, together or alone, to
execute and deliver the 2017 SRF Amendments. The City Clerk is hereby authorized to attest to
the Authorized Officer's signature.
SECTION 7. Each Authorized Officer and the other officers and staff of the City
responsible for the fiscal affairs of the City are hereby authorized and directed to take any
actions and execute and deliver any and all documents and certificates as are necessary to
accomplish and to consummate the transactions contemplated by the Installment Sale
Agreement and the 2017 SRF Amendments.
Not Yet Approved
170328 jb 6053854 3
SECTION 8. An Initial Study/Mitigated Negative Declaration was prepared for the
sludge dewatering and loadout facility project and approved by Council on March 28, 2016
(Staff Report ID# 6424). The Council finds that its authorization of the Installment Sale
Agreement and the 2017 SRF Amendments does not constitute a project requiring review
under the California Environmental Quality Act (CEQA) or CEQA Guidelines. This action does not
meet the definition of a project under Public Resources Code Section 21065 and CEQA
Guidelines Section 15378(b)(5), because it is an administrative governmental activity which will
not cause a direct or indirect physical change in the environment.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
_________________________ ______________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
__________________________ ______________________________
Senior Deputy City Attorney City Manager
______________________________
Director of Public Works
______________________________
Director of Administrative
Services Department
WASTEWATER
CITY OF PALO ALTO
AND
CALIFORNIA STATE WATER RESOURCES CONTROL BOARD
INSTALLMENT SALE AGREEMENT
SLUDGE DEWATERING AND LOADOUT FACILITY
CLEAN WATER STATE REVOLVING FUND PROJECT NO. C-06-8190-110
AGREEMENT NO. D16-01034
AMOUNT: $30,000,000
ELIGIBLE START DATE: MARCH 20, 2017
END DATE: MARCH 30, 2049
COMPLETION OF CONSTRUCTION DATE: MARCH 30, 2019
FINAL DISBURSEMENT REQUEST DATE: SEPTEMBER 30, 2019
DATED AS OF MARCH 20, 2017
SR 7871 ATTACHMENT DEXHIBIT A
THIS PAGE INTENTIONALLY LEFT BLANK
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Agreement No.: D16-01034
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TABLE OF CONTENTS
ARTICLE I DEFINITIONS ......................................................................................................................... 1
1.1 Definitions. .......................................................................................................................................... 1
1.2 Exhibits and Appendices Incorporated............................................................................................... 4
ARTICLE II REPRESENTATIONS, WARRANTIES, AND COMMITMENTS ........................................... 5
2.1 General Recipient Commitments. ...................................................................................................... 5
2.2 Authorization and Validity. .................................................................................................................. 5
2.3 No Violations. ..................................................................................................................................... 5
2.4 No Litigation. ...................................................................................................................................... 5
2.5 Solvency. ............................................................................................................................................ 5
2.6 Legal Status and Eligibility. ................................................................................................................ 5
2.7 Financial Statements and Continuing Disclosure .............................................................................. 5
2.8 Completion of Project. ........................................................................................................................ 6
2.9 Award of Construction Contracts. ...................................................................................................... 6
2.10 Notice. ................................................................................................................................................ 6
2.11 Findings and Challenge ..................................................................................................................... 8
2.12 Project Access. .................................................................................................................................. 8
2.13 Project Completion; Initiation of Operations. ..................................................................................... 8
2.14 Continuous Use of Project; Lease or Disposal of Project. ................................................................. 8
2.15 Project Reports. ................................................................................................................................. 8
2.16 Federal Disadvantaged Business Enterprise (DBE) Reporting. ........................................................ 9
2.17 Records.............................................................................................................................................. 9
2.18 Audit. ................................................................................................................................................ 10
ARTICLE III FINANCING PROVISIONS ................................................................................................. 10
3.1 Purchase and Sale of Project. .......................................................................................................... 10
3.2 Amounts Payable by the Recipient. ................................................................................................. 10
3.3 Obligation Absolute. ......................................................................................................................... 12
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3.4 No Obligation of the State. ............................................................................................................... 12
3.5 Disbursement of Project Funds; Availability of Funds. ..................................................................... 12
3.6 Withholding of Disbursements and Material Violations. ................................................................... 13
3.7 Pledge; Rates, Fees and Charges; Additional Debt. ....................................................................... 14
3.8 Financial Management System and Standards. .............................................................................. 15
3.9 Accounting and Auditing Standards. ................................................................................................ 15
3.10 Other Assistance. ............................................................................................................................ 15
ARTICLE IV TAX COVENANTS ............................................................................................................. 15
4.1 Purpose. ........................................................................................................................................... 15
4.2 Tax Covenant. .................................................................................................................................. 15
4.3 Governmental Unit. .......................................................................................................................... 15
4.4 Financing of a Capital Project. ......................................................................................................... 16
4.5 Ownership and Operation of Project. ............................................................................................... 16
4.6 Temporary Period. ............................................................................................................................ 16
4.7 Working Capital. ............................................................................................................................... 16
4.8 Expenditure of Proceeds. ................................................................................................................. 16
4.9 Private Use and Private Payments. ................................................................................................. 16
4.10 No Sale, Lease or Private Operation of the Project. ....................................................................... 17
4.11 No Disproportionate or Unrelated Use. ........................................................................................... 17
4.12 Management and Service Contracts. .............................................................................................. 17
4.13 No Disposition of Financed Property. .............................................................................................. 18
4.14 Useful Life of Project. ....................................................................................................................... 18
4.15 Installment Payments. ..................................................................................................................... 18
4.16 No Other Replacement Proceeds. ................................................................................................... 18
4.17 No Sinking or Pledged Fund. ........................................................................................................... 18
4.18 Reserve Amount. ............................................................................................................................. 18
4.19 Reimbursement Resolution. ............................................................................................................ 19
4.20 Reimbursement Expenditures. ........................................................................................................ 19
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4.21 Change in Use of the Project. .......................................................................................................... 19
4.22 Rebate Obligations. ......................................................................................................................... 19
4.23 No Federal Guarantee. .................................................................................................................... 19
4.24 No Notices or Inquiries from IRS. .................................................................................................... 19
4.25 Amendments. ................................................................................................................................... 20
4.26 Reasonable Expectations. ............................................................................................................... 20
ARTICLE V MISCELLANEOUS PROVISIONS ...................................................................................... 20
5.1 Amendment. ..................................................................................................................................... 20
5.2 Assignability. .................................................................................................................................... 20
5.3 Bonding. ........................................................................................................................................... 20
5.4 Competitive Bidding ......................................................................................................................... 20
5.5 Compliance with Law, Regulations, etc. .......................................................................................... 21
5.6 Conflict of Interest. ........................................................................................................................... 21
5.7 Damages for Breach Affecting Tax-Exempt Status or Federal Compliance .................................... 21
5.8 Disputes. .......................................................................................................................................... 21
5.9 Governing Law. ................................................................................................................................ 22
5.10 Income Restrictions. ........................................................................................................................ 22
5.11 Indemnification and State Reviews. ................................................................................................ 22
5.12 Independent Actor. .......................................................................................................................... 23
5.13 Leveraging Covenants. .................................................................................................................... 23
5.14 Non-Discrimination Clause. ............................................................................................................. 23
5.15 No Third Party Rights. ..................................................................................................................... 23
5.16 Operation and Maintenance; Insurance. ......................................................................................... 23
5.17 Permits, Subcontracting, and Remedies. ........................................................................................ 24
5.18 Prevailing Wages. ............................................................................................................................ 24
5.19 Public Funding. ................................................................................................................................ 24
5.20 Recipient’s Responsibility for Work. ................................................................................................ 25
5.21 Related Litigation. ............................................................................................................................ 25
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5.22 Rights in Data. .............................................................................................................................. 25
5.23 State Water Board Action; Costs and Attorney Fees. .................................................................. 25
5.24 Termination; Immediate Acceleration; Interest. ............................................................................ 25
5.25 Timeliness. .................................................................................................................................... 26
5.26 Unenforceable Provision. ............................................................................................................. 26
5.27 Useful Life. .................................................................................................................................... 26
5.28 Venue. .......................................................................................................................................... 26
5.29 Waiver and Rights of the State Water Board. .............................................................................. 26
EXHIBIT A - SCOPE OF WORK & INCORPORATED DOCUMENTS
EXHIBIT A - FBA –FINAL BUDGET APPROVAL
EXHIBIT B - FUNDING AMOUNT
EXHIBIT C - PAYMENT SCHEDULE
EXHIBIT D - SPECIAL CONDITIONS
EXHIBIT E - PROGRAMMATIC CONDITIONS & CROSS-CUTTERS
EXHIBIT F - SCHEDULE OF SYSTEM OBLIGATIONS
EXHIBIT G - DAVIS-BACON REQUIREMENTS
EXHIBIT H - COMPLIANCE WITH CROSS-CUTTING STATE AUTHORITIES
City of Palo Alto
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WHEREAS,
1. The State Water Board is authorized to provide funding under this Agreement pursuant to the
following:
CWSRF - Chapter 6.5 of Division 7 of the California Water Code (State Act)
CWSRF - Title VI of the federal Water Pollution Control Act (Federal Act)
2. The State Water Board determines eligibility for financial assistance, determines a reasonable
schedule for providing financial assistance, establishes compliance with the Federal Act and State
Act, and establishes the terms and conditions of a funding agreement.
3. The Recipient has applied to the State Water Board for funding for the Project described in Exhibit A
of this Agreement and the State Water Board has selected the application for funding.
4. The State Water Board proposes to assist in financing/funding the costs of the Project, and the
Recipient desires to participate as a recipient of financial assistance from the State Water Board and
evidence its obligation to pay Installment Payments, which obligation will be secured by Net
Revenues, as defined herein, upon the terms and conditions set forth in this Agreement, all pursuant
to the Federal Act and the State Act.
NOW, THEREFORE, in consideration of the premises and of the mutual representations, covenants and
agreements herein set forth, the State Water Board and the Recipient, each binding itself, its successors
and assigns, do mutually promise, covenant, and agree as follows:
ARTICLE I DEFINITIONS
1.1 Definitions.
Unless otherwise specified, each capitalized term used in this Agreement has the following meaning:
"Additional Payments" means the Additional Payments described in Section 3.2(c) of this Agreement.
"Agreement" means this Installment Sale Agreement, including all exhibits and attachments.
"Allowance" means an amount based on a percentage of the accepted bid for an eligible project to help
defray the planning, design, and construction engineering and administration costs of the Project.
"Authorized Representative" means the duly appointed representative of the Recipient as set forth in the
certified original of the Recipient’s authorizing resolution that designates the authorized representative by
title.
"Bank" means the California Infrastructure and Economic Development Bank.
“Bond Funded Portion of the Project Funds” means any portion of the Project Funds which was or will be
funded with Bond Proceeds.
“Bond Proceeds” means original proceeds, investment proceeds, and replacement proceeds of Bonds.
"Bonds" means any series of bonds issued by the Bank, the interest on which is excluded from gross
income for federal tax purposes, all or a portion of the proceeds of which have been, are, or will be
applied by the State Water Board to fund all or any portion of the Project Costs or that are secured in
whole or in part by Installment Payments paid hereunder.
City of Palo Alto
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2016 cx 6ix16
"Code" as used in Article IV of this Agreement means the Internal Revenue Code of 1986, as amended,
and any successor provisions and the regulations of the U.S. Department of the Treasury promulgated
thereunder.
"Completion of Construction" means the date, as determined by the Division after consultation with the
Recipient, that the work of building and erection of the Project is substantially complete.
“CWSRF” means the Clean Water State Revolving Fund.
“Days” means calendar days unless otherwise expressly indicated.
“Disbursement Period” means the period during which Project Funds may be disbursed.
"Division" means the Division of Financial Assistance of the State Water Board or any other segment of
the State Water Board authorized to administer this Agreement.
“Eligible Start Date” means the date set forth in Exhibit B, establishing the date on or after which
construction costs may be incurred and eligible for reimbursement hereunder, subject to the 60-day look
back period established in the Reimbursement Resolution.
“Enterprise Fund” means the enterprise funds of the Recipient in which Revenues of its Wastewater
Treatment enterprise and Wastewater Collection enterprise are deposited.
“Final Disbursement Request Date” means the date established in Exhibit B, after which date, no further
Project Funds disbursements may be requested.
"Fiscal Year" means the period of twelve (12) months terminating on June 30 of any year, or any other
annual period selected and designated by the Recipient as its Fiscal Year in accordance with applicable
law.
"Force Account" means the use of the Recipient's own employees or equipment.
“GAAP” means generally accepted accounting principles, the uniform accounting and reporting
procedures set forth in publications of the American Institute of Certified Public Accountants or its
successor, or by any other generally accepted authority on such procedures, and includes, as applicable,
the standards set forth by the Governmental Accounting Standards Board or its successor.
"Initiation of Construction" means the date that notice to proceed with work is issued for the Project, or, if
notice to proceed is not required, the date of commencement of building and erection of the Project.
"Installment Payments" means Installment Payments due and payable by the Recipient to the State
Water Board under this Agreement, the amounts of which are set forth as Exhibit C hereto.
“Listed Event” means, so long as the Recipient has outstanding any System Obligation subject to Rule
15c2-12, any of the events required to be reported pursuant to Rule 15c2-12(b)(5) pursuant to a
continuing disclosure undertaking related to such System Obligation.
"Maintenance and Operation Costs" means the reasonable and necessary costs spent or incurred by the
City for maintaining and operating the Wastewater Treatment enterprise and Wastewater Collection
enterprise, calculated in accordance with sound accounting principles, including the cost of supply of
water, gas and electric energy under contracts or otherwise, the funding of reasonable reserves, and all
reasonable and necessary expenses of management and repair and other expenses to maintain and
preserve the Wastewater Treatment enterprise and Wastewater Collection enterprise in good repair and
working order, and including all reasonable and necessary administrative costs of the City attributable to
City of Palo Alto
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the Wastewater Treatment enterprise and Wastewater Collection enterprise and to any financing
instruments incurred to finance improvements to the Wastewater Treatment enterprise and Wastewater
Collection enterprise, such as salaries and wages and the necessary contribution to retirement of
employees, overhead, insurance, taxes (if any), expenses, compensation and indemnification of any bond
trustee, and fees of auditors, accountants, attorneys or engineers, and including all other reasonable and
necessary costs of the City or charges required to be paid by it to comply with the terms of any financing
instrument related to the Wastewater Treatment enterprise and Wastewater Collection enterprise, but
excluding depreciation, replacement and obsolescence charges or reserves therefor and amortization of
intangibles or other bookkeeping entries of a similar nature.
“Material Event” means any event that, as determined by the Division, might cause the State Water Board
to violate the terms and conditions of its agreements with USEPA or its bond covenants, including any of
the following: (a) revenue shortfalls; (b) unscheduled draws on the Reserve Fund, if any, or the
Enterprise Fund; (c) substitution of insurers, or their failure to perform; (d) adverse findings by the
Regional Water Quality Control Board; (e) litigation related to the Revenues, the System, or the Project,
whether pending or anticipated; (f) any false warranty or representation made by the Recipient relevant to
this Agreement; (g) loss, theft, damage, or impairment to the Revenues or the System; (h) seizure of, or
levy on any collateral securing this Agreement; (i) dissolution or cessation of operations by the Recipient,
termination of Recipient’s existence, insolvency of Recipient, or filing of a voluntary or involuntary
bankruptcy petition by or on behalf of Recipient; (j) any event set forth in section 2.10 of this Agreement.
"Material Obligation" means (a) any senior or parity obligation of the Recipient payable from Revenues as
identified as of the date of this Agreement in Exhibit F, (b) the Obligation, and (c) such additional
obligations as may hereafter be issued in accordance with the provisions of such obligations and this
Agreement.
"Net Revenues" means, with respect to the Wastewater Treatment enterprise and Wastewater Collection
enterprise, for any period of computation, the amount of the Revenues received from the Wastewater
Treatment enterprise and Wastewater Collection enterprise during such period, less the amount of
Maintenance and Operation Costs of the Wastewater Treatment enterprise and Wastewater Collection
enterprise becoming payable during such period.
"Obligation" means the obligation of the Recipient to make Installment Payments and Additional
Payments as provided herein, as evidenced by the execution of this Agreement, proceeds of such
obligations being used to fund the Project as specified in the Project Description in Exhibit A and Exhibit A-
FBA and in the documents thereby incorporated by reference.
"Policy" means the State Water Board's “Policy for Implementing the Clean Water State Revolving Fund,”
as amended from time to time.
“Project” means the Project financed by this Agreement as described in Exhibit A, Exhibit A-FBA, and in
the documents incorporated by reference herein.
"Project Completion" means the date, as determined by the Division after consultation with the Recipient,
that operation of the Project is initiated or is capable of being initiated, whichever comes first.
"Project Costs" means the incurred costs of the Recipient which are eligible for financial assistance under
this Agreement, which are allowable costs as defined under the Policy, and which are reasonable,
necessary and allocable by the Recipient to the Project under GAAP, plus capitalized interest.
“Project Funds” means all moneys disbursed to the Recipient by the State Water Board pursuant to this
Agreement.
“Public entities”, with respect to the definition of Revenues, includes but is not limited to the City of
Mountain View, the City of Los Altos, the East Palo Alto Sanitary District, Stanford University, and any
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other of the Recipient’s partner agencies, of any corporate type, that pay to the Recipient for the use or
services of, or the debt service on, the Recipient’s Regional Water Quality Control Plant.
“Recipient” means City of Palo Alto.
“Regional Water Quality Control Board” or “Regional Water Board” means the appropriate Regional Water
Quality Control Board.
“Reimbursement Resolution” means the Recipient’s reimbursement resolution identified in Exhibit A of
this Agreement.
“Reserve Fund” means the reserve fund required pursuant to Exhibit D of this Agreement.
"Revenues" means, for any period of computation, all gross charges (including fees, tolls, assessments,
rates and rentals prescribed under applicable law by the City Council for the services and facilities of the
Wastewater Treatment enterprise and Wastewater Collection enterprise, which shall be referred to in this
Agreement as “Charges”) received for, and all other gross income and revenues derived by the City from,
the ownership or operation of the Wastewater Treatment enterprise and Wastewater Collection enterprise
or otherwise arising from the Wastewater Treatment enterprise and Wastewater Collection enterprise
during such period, including but not limited to (a) all Charges received by the City for use of the
Wastewater Treatment enterprise and Wastewater Collection enterprise, (b) all receipts derived from the
investment of funds, (c) transfers from (but exclusive of any transfers to) any stabilization reserve funds,
and (d) all moneys received by the City from other public entities whose inhabitants or customers are
served pursuant to contracts with the City.
“Rule 15c2-12(b)(5)” means Rule 15c2-12(b)(5) promulgated by the Securities and Exchange
Commission pursuant to the Securities Exchange Act of 1934, as amended.
“SRF” means the Clean Water State Revolving Fund.
“State” means State of California.
“State Water Board” means the State Water Resources Control Board.
"System" means all wastewater collection, pumping, transport, treatment, storage, and disposal facilities,
including land and easements thereof, owned by the Recipient, including the Project, and all other
properties, structures, or works hereafter acquired and constructed by the Recipient and determined to be
a part of the System, together with all additions, betterments, extensions, or improvements to such
facilities, properties, structures, or works, or any part thereof hereafter acquired and constructed.
“System Obligation” means any long-term obligation of the Recipient payable from the Revenues,
including this Obligation and obligations reflected in Exhibit F.
“Wastewater Treatment enterprise” and “Wastewater Collection enterprise” mean, collectively, the System
enterprises.
“Year” means calendar year unless otherwise expressly indicated.
1.2 Exhibits and Appendices Incorporated.
All exhibits and appendices to this Agreement, including any amendments and supplements hereto, are
hereby incorporated herein and made a part of this Agreement.
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ARTICLE II REPRESENTATIONS, WARRANTIES, AND COMMITMENTS
The Recipient represents, warrants, and commits to the following as of the Eligible Start Date set forth on
the first page hereof and continuing thereafter for the term of the Agreement.
2.1 General Recipient Commitments.
The Recipient shall comply with all terms, provisions, conditions, and commitments of this Agreement,
including all incorporated documents, and to fulfill all assurances, declarations, representations, and
commitments in its application, accompanying documents, and communications filed in support of its
request for financial assistance.
2.2 Authorization and Validity.
The execution and delivery of this Agreement, including all incorporated documents, has been
duly authorized by the Recipient. This Agreement constitutes a valid and binding obligation of the
Recipient, enforceable in accordance with its terms, except as such enforcement may be limited
by law.
2.3 No Violations.
The execution, delivery, and performance by Recipient of this Agreement, including all
incorporated documents, do not violate any provision of any law or regulation in effect as of the
date set forth on the first page hereof, or result in any breach or default under any contract,
obligation, indenture, or other instrument to which Recipient is a party or by which Recipient is bound
as of the date set forth on the first page hereof.
2.4 No Litigation.
There are no pending or, to Recipient’s knowledge, threatened actions, claims, investigations,
suits, or proceedings before any governmental authority, court, or administrative agency which
materially affect the financial condition or operations of the Recipient, the System, the Revenues,
and/or the Project.
2.5 Solvency.
None of the transactions contemplated by this Agreement will be or have been made with an actual intent
to hinder, delay, or defraud any present or future creditors of Recipient. As of the date set forth on the first
page hereof, Recipient is solvent and will not be rendered insolvent by the transactions contemplated by
this Agreement. Recipient is able to pay its debts as they become due.
2.6 Legal Status and Eligibility.
Recipient is duly organized and existing and in good standing under the laws of the State of California,
and will remain so during the term of this Agreement. Recipient shall at all times maintain its current legal
existence and preserve and keep in full force and effect its legal rights and authority. Recipient shall
maintain its eligibility for funding under this Agreement for the term of this Agreement.
2.7 Financial Statements and Continuing Disclosure.
The financial statements of Recipient previously delivered to the State Water Board as of the date(s) set
forth in such financial statements: (a) are materially complete and correct; (b) present fairly the financial
condition of the Recipient; and (c) have been prepared in accordance with GAAP. Since the date(s) of
such financial statements, there has been no material adverse change in the financial condition of the
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Recipient, nor have any assets or properties reflected on such financial statements been sold,
transferred, assigned, mortgaged, pledged or encumbered, except as previously disclosed in writing by
Recipient and approved in writing by the State Water Board.
The Recipient is current in its continuing disclosure obligations associated with its material debt.
2.8 Completion of Project.
The Recipient shall expeditiously proceed with and complete construction of the Project in substantial
accordance with Exhibit A and Exhibit A-FBA.
2.9 Award of Construction Contracts.
(a) The Recipient shall award the prime construction contract no later than the date specified in
Exhibit A.
(b) The Recipient shall promptly notify the Division in writing both of the award of the prime
construction contract for the Project and of Initiation of Construction of the Project. The Recipient
shall make all reasonable efforts to complete construction in substantial conformance with
the terms of the contract by the Completion of Construction date established in Exhibit A. Such
date shall be binding upon the Recipient unless modified in writing by the Division upon a
showing of good cause by the Recipient. The Recipient shall deliver any request for extension of
the Completion of Construction date no less than 90 days prior to the Completion of Construction
date. The Division will not unreasonably deny a timely request, but the Division may deny
requests received after this time.
2.10 Notice.
(a) The Recipient shall notify the Division in writing within five (5) working days of the occurrence of
the following:
(1) Material defaults on this Obligation;
(2) Unscheduled draws on debt service reserves held for this Obligation, if any, reflecting
financial difficulties;
(3) Bankruptcy, insolvency, receivership or similar event of the Recipient;
(4) Actions taken pursuant to state law in anticipation of filing for bankruptcy;
(5) Other Material Events or Listed Events; except as set forth in subdivisions (b) or (c) of this
section;
(6) Change of ownership of the Project or change of management or service contracts, if any,
for operation of the Project; or
(b) The Recipient shall notify the Division within 10 working days of the following:
(1) Material defaults on System Obligations, other than this Obligation;
(2) Unscheduled draws on debt service reserves held for System Obligations, other than this
Obligation, if any, reflecting financial difficulties;
(3) Unscheduled draws on credit enhancements on System Obligations, if any, reflecting
financial difficulties;
City of Palo Alto
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(4) Substitution of credit or liquidity providers, if any, or their failure to perform;
(5) Any litigation pending or threatened against Recipient regarding its wastewater capacity or its
continued existence, circulation of a petition to challenge rates, consideration of dissolution,
or disincorporation, or any other material threat to the Recipient’s Revenues;
(6) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final
determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other
material notices of determinations with respect to the tax status of any tax-exempt bonds;
(7) Rating changes on outstanding System Obligations, if any;
(8) Issuance of additional parity obligations;
(9) Transfers from a rate stabilization fund to meet the requirements in Section 3.7(d) of this
Agreement.
(c) The Recipient shall notify the Division promptly of the following:
(1) Any substantial change in scope of the Project. The Recipient shall undertake no substantial
change in the scope of the Project until written notice of the proposed change has been
provided to the Division and the Division has given written approval for the change;
(2) Cessation of all major construction work on the Project where such cessation of work is
expected to or does extend for a period of thirty (30) days or more;
(3) Any circumstance, combination of circumstances, or condition, which is expected to or does
delay Completion of Construction for a period of ninety (90) days or more beyond the
estimated date of Completion of Construction previously provided to the Division;
(4) Discovery of any potential archeological or historical resource. Should a potential
archeological or historical resource be discovered during construction of the Project, the
Recipient agrees that all work in the area of the find will cease until a qualified archeologist
has evaluated the situation and made recommendations regarding preservation of the
resource, and the Division has determined what actions should be taken to protect and
preserve the resource. The Recipient shall implement appropriate actions as directed by the
Division;
(5) Discovery of any unexpected endangered or threatened species, as defined in the federal
Endangered Species Act. Should a federally protected species be unexpectedly encountered
during construction of the Project, the Recipient agrees to promptly notify the Division. This
notification is in addition to the Recipient’s obligations under the federal Endangered Species
Act;
(6) Any Project monitoring, demonstration, or other implementation activities such that the State
Water Board Regional Water Quality Control Board staff may observe and document such
activities;
(7) Any public or media event publicizing the accomplishments and/or results of this Agreement
and provide the opportunity for attendance and participation by state and federal
representatives with at least ten (10) working days’ notice to both the Division and USEPA
Region IX. The contact for USEPA Region IX is Josh Amaris at Amaris.josh@epa.gov (415)
972-3597; or
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(8) Completion of Construction of the Project, and actual Project Completion.
2.11 Findings and Challenge.
Upon consideration of a voter initiative to reduce Revenues, the Recipient shall make a finding regarding
the effect of such a reduction on the Recipient's ability to satisfy the rate covenant set forth in Section 3.7
of this Agreement. The Recipient shall make its findings available to the public and shall request, if
necessary, the authorization of the Recipient’s decision-maker or decision-making body to file litigation to
challenge any such initiative that it finds will render it unable to satisfy the rate covenant set forth in
Section 3.7 and its obligation to operate and maintain the Project for its useful life. The Recipient shall
diligently pursue and bear any and all costs related to such challenge. The Recipient shall notify and
regularly update the State Water Board regarding the status of any such challenge.
2.12 Project Access.
The Recipient shall ensure that the State Water Board, the Governor of the State, the United States
Environmental Protection Agency, the Office of Inspector General, any member of Congress, the
President of the United States, or any authorized representative of the foregoing, will have safe and
suitable access to the Project site at all reasonable times during Project construction and thereafter for
the term of the Obligation. The Recipient acknowledges that, except for a subset of information regarding
archaeological records, the Project records and locations are public records, including but not limited to
all of the submissions accompanying the application, all of the documents incorporated by Exhibit A and
Exhibit A-FBA, and all reports, disbursement requests, and supporting documentation submitted
hereunder.
2.13 Project Completion; Initiation of Operations.
Upon Completion of Construction of the Project, the Recipient shall expeditiously initiate Project
operations.
2.14 Continuous Use of Project; Lease or Disposal of Project.
The Recipient agrees that, except as provided in the Agreement, it will not abandon, substantially
discontinue use of, lease, or dispose of all or a significant part or portion of the Project during the useful
life of the Project without prior written approval of the Division. Such approval may be conditioned as
determined to be appropriate by the Division, including a condition requiring repayment of all disbursed
Project Funds or all or any portion of all remaining funds covered by this Agreement together with
accrued interest and any penalty assessments that may be due.
2.15 Project Reports.
(a) Status Reports. The Recipient shall provide expeditiously status reports no less frequently
than quarterly, starting with the execution of this Agreement. These reports must accompany
any disbursement request and are a condition precedent to any disbursement. At a
minimum the reports will contain the following information:
(1) A summary of progress to date including a description of progress since the last report,
percent construction complete, percent contractor invoiced, and percent schedule
elapsed;
(2) A description of compliance with environmental requirements;
(3) A listing of change orders including amount, description of work, and change in contract
amount and schedule; and
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(4) Any problems encountered, proposed resolution, schedule for resolution, and status of
previous problem resolutions.
(b) Project Completion Report. The Recipient shall submit a Project Completion Report to the
Division with a copy to the appropriate Regional Water Quality Control on or before the due date
established by the Division and the Recipient at the time of final project inspection. The Project
Completion Report must address the following:
(1) Describe the Project,
(2) Describe the water quality problem the Project sought to address,
(3) Discuss the Project’s likelihood of successfully addressing that water quality problem in
the future, and
(4) Summarize compliance with environmental conditions, if applicable.
(5) If the Recipient fails to submit a timely Project Completion Report, then the State Water
Board may stop processing pending or future applications for new financial assistance,
withhold disbursements under this Agreement or other agreements, and begin
administrative proceedings.
(c) As Needed Reports. The Recipient shall provide expeditiously, during the term of this
Agreement, any reports, data, and information reasonably required by the Division, including but
not limited to material necessary or appropriate for evaluation of the funding program or to fulfill
any reporting requirements of the state or federal government.
2.16 Federal Disadvantaged Business Enterprise (DBE) Reporting.
The Recipient shall report DBE utilization to the Division on the DBE Utilization Report, State Water Board
Form DBE UR334. The Recipient must submit such reports to the Division annually within ten (10)
calendar days following October 1 until such time as the "Notice of Completion" is issued. The Recipient
shall comply with 40 CFR § 33.301.
2.17 Records.
(a) Without limitation of the requirement to maintain Project accounts in accordance with GAAP, the
Recipient shall:
(1) Establish an official file for the Project which adequately documents all significant
actions relative to the Project;
(2) Establish separate accounts which will adequately and accurately depict all amounts
received and expended on the Project, including all assistance funds received under this
Agreement;
(3) Establish separate accounts which will adequately depict all income received which is
attributable to the Project, specifically including any income attributable to assistance
funds disbursed under this Agreement;
(4) Establish an accounting system which will accurately depict final total costs of the
Project, including both direct and indirect costs;
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(5) Establish such accounts and maintain such records as may be necessary for the State to
fulfill federal reporting requirements, including any and all reporting requirements under
federal tax statutes or regulations; and
(6) If Force Account is used by the Recipient for any phase of the Project, other than for
planning, design, and construction engineering and administration provided for by
allowance, accounts will be established which reasonably document all employee hours
charged to the Project and the associated tasks performed by each employee. Indirect
Force Account costs are not eligible for funding.
(b) The Recipient shall maintain separate books, records and other material relative to the Project.
The Recipient shall also retain such books, records, and other material for itself and for each
contractor or subcontractor who performed or performs work on this project for a minimum of
thirty-six (36) years after Completion of Construction. The Recipient shall require that such books,
records, and other material are subject at all reasonable times (at a minimum during normal
business hours) to inspection, copying, and audit by the State Water Board, the Bureau of State
Audits, the United States Environmental Protection Agency (USEPA), the Office of Inspector
General, the Internal Revenue Service, the Governor, or any authorized representatives of the
aforementioned. The Recipient shall allow and shall require its contractors to allow interviews
during normal business hours of any employees who might reasonably have information related
to such records. The Recipient agrees to include a similar duty regarding audit, interviews, and
records retention in any contract or subcontract related to the performance of this Agreement.
The provisions of this section shall survive the discharge of the Recipient's Obligation and the
term of this Agreement.
2.18 Audit.
(a) The Division may call for an audit of financial information relative to the Project if the Division
determines that an audit is desirable to assure program integrity or if an audit becomes necessary
because of state or federal requirements. If an audit is called for, the audit shall be performed by
a certified public accountant independent of the Recipient and at the cost of the Recipient. The
audit shall be in the form required by the Division
(b) Audit disallowances will be returned to the State Water Board.
ARTICLE III FINANCING PROVISIONS
3.1 Purchase and Sale of Project.
The Recipient hereby sells to the State Water Board and the State Water Board hereby purchases from
the Recipient the Project. Simultaneously therewith, the Recipient hereby purchases from the State
Water Board, and the State Water Board hereby sells to the Recipient, the Project in accordance with the
provisions of this Agreement. All right, title, and interest in the Project shall immediately vest in the
Recipient on the date of execution and delivery of this Agreement without further action on the part of the
Recipient or the State Water Board. The State Water Board’s disbursement of funds hereunder is
contingent on the Recipient’s compliance with the terms and conditions of this Agreement.
3.2 Amounts Payable by the Recipient.
(a) Installment Payments. Interest will accrue beginning with each disbursement. Beginning one
year after Completion of Construction, repayment of the principal of the Project Funds, together
with all interest accruing thereon, shall be repaid annually, and shall be fully amortized by the end
term date specified in Exhibit B.
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The Installment Payments are based on a standard fully amortized assistance amount with equal
annual payments. The remaining balance is the previous balance, plus the disbursements, plus
the accrued interest on both, less the Installment Payment. Installment Payment calculations will
be made beginning one (1) year after Completion of Construction and shall be fully amortized not
later than the date specified in Exhibit B. Exhibit C is a payment schedule based on the
provisions of this article and an estimated disbursement schedule. Actual payments will be based
on actual disbursements.
Upon Completion of Construction and submission of necessary reports by the Recipient, the
Division will prepare an appropriate payment schedule and supply the same to the Recipient. The
Division may amend this schedule as necessary to accurately reflect amounts due under this
Agreement. The Division will prepare any necessary amendments to the payment schedule and
send them to the Recipient.
The Recipient shall make each Installment Payment from the sources specified in this Agreement
on or before the due date therefor. A ten (10) day grace period will be allowed, after which time a
penalty in the amount of costs incurred by the State Water Board will be assessed for late
payment. These costs may include, but are not limited to, lost interest earnings, staff time, bond
debt service default penalties, if any, and other costs. For purposes of penalty assessment,
payment will be deemed to have been made if payment is deposited in the U.S. Mail within the
grace period with postage prepaid and properly addressed. Any penalties assessed will not be
added to the assistance amount balance, but will be treated as a separate account and obligation
of the Recipient. The interest penalty will be assessed from the payment due date.
The Recipient as a whole is obligated to make all payments from sources specified in this
Agreement and as required by this Agreement to the State Water Board, notwithstanding any
individual default by its constituents or others in the payment to the Recipient of "Charges" levied
or imposed by the Recipient. Such Charges include, for instance, payments made to the
Recipient by Public entities, as defined in this Agreement, for the use or services of, or debt
service on, the Recipient’s Regional Water Quality Control Plant. The Recipient shall provide for
the punctual payment to the State Water Board of all amounts which become due under this
Agreement and which are received from constituents or others in the payment to the Recipient. In
the event of failure, neglect or refusal of any officer of the Recipient to levy or cause to be levied
any Charge to provide payment by the Recipient under this Agreement, to enforce or to collect
such Charge, or to pay over to the State Water Board in accordance with Section 3.7(c) any
money collected on account of such Charge necessary to satisfy any amount due under this
Agreement and lawfully available for such purpose, the State Water Board may take such action
in a court of competent jurisdiction as it deems necessary to compel the performance of all duties
relating to the imposition or levying and collection of any of such Charges and the payment in
accordance with Section 3.7(c) of the money collected therefrom to the State Water Board. Action
taken pursuant hereto shall not deprive the State Water Board of, or limit the application of, any
other remedy provided by law or by this Agreement.
Each Installment Payment shall be paid by check and in lawful money of the United States of
America.
The Recipient shall not be entitled to interest earned on undisbursed funds. Upon execution of
this Agreement, the State Water Board shall encumber an amount equal to the Obligation. The
Recipient shall pay Installment Payments and Additional Payments from Net Revenues and/or
other amounts legally available to the Recipient therefor. Interest on any funds disbursed to the
Recipient shall begin to accrue as of the date of each disbursement.
(b) Project Costs. The Recipient shall pay any and all costs connected with the Project including,
without limitation, any and all Project Costs. If the Project Funds are not sufficient to pay the
Project Costs in full, the Recipient shall nonetheless complete the Project and pay that portion of
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the Project Costs in excess of available Project Funds, and shall not be entitled to any
reimbursement therefor from the State Water Board.
(c) Additional Payments. In addition to the Installment Payments required to be made by the
Recipient, the Recipient shall also pay to the State Water Board, the reasonable extraordinary
fees and expenses of the State Water Board, and of any assignee of the State Water Board's
right, title, and interest in and to this Agreement, in connection with this Agreement, including all
expenses and fees of accountants, trustees, staff, contractors, consultants, costs, insurance
premiums and all other reasonable extraordinary costs incurred by the State Water Board or
assignee of the State Water Board.
Additional Payments may be billed to the Recipient by the State Water Board from time to time,
together with a statement executed by a duly authorized representative of the State Water Board,
stating that the amounts billed pursuant to this section have been incurred by the State Water
Board or its assignee for one or more of the above items and a copy of the invoice or statement
for the amount so incurred or paid. Amounts so billed shall be paid by the Recipient within thirty
(30) days after receipt of the bill by the Recipient.
(d) The Recipient may without penalty prepay all or any portion of the outstanding principal amount
of the Obligation provided that the Recipient shall also pay at the time of such prepayment all
accrued interest on the principal amount prepaid through the date of prepayment.
3.3 Obligation Absolute.
The obligation of the Recipient to make the Installment Payments and other payments required to be
made by it under this Agreement, from Net Revenues and/or other amounts legally available to the
Recipient therefor, is absolute and unconditional, and until such time as the Installment Payments and
Additional Payments have been paid in full, the Recipient shall not discontinue or suspend any
Installment Payments or other payments required to be made by it hereunder when due, whether or not
the System or any part thereof is operating or operable or has been completed, or its use is suspended,
interfered with, reduced or curtailed or terminated in whole or in part, and such Installment Payments and
other payments shall not be subject to reduction whether by offset or otherwise and shall not be
conditional upon the performance or nonperformance by any party of any agreement for any cause
whatsoever.
The Recipient’s obligation to pay Installment Payments is solely from Net Revenues. Notwithstanding
anything to the contrary, nothing in this Agreement prohibits the City from making any payments
hereunder from amounts legally available and appropriated therefor.
3.4 No Obligation of the State.
Any obligation of the State Water Board herein contained shall not be an obligation, debt, or liability of the
State and any such obligation shall be payable solely out of the moneys encumbered pursuant to this
Agreement.
3.5 Disbursement of Project Funds; Availability of Funds.
(a) Except as may be otherwise provided in this Agreement, disbursement of Project Funds will be
made as follows:
(1) Upon execution and delivery of this Agreement, the Recipient may request immediate
disbursement of any eligible incurred planning and design allowance as specified in Exhibit
B from the Project Funds through submission to the State Water Board of the Disbursement
Request Form 260, or any amendment thereto, duly completed and executed.
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(2) The Recipient may request disbursement of eligible construction and equipment costs
consistent with budget amounts referenced in Exhibit B and Exhibit A-FBA. (Note that this
Agreement will be amended to incorporate Exhibit A-FBA after final budget approval.)
(3) Additional Project Funds will be promptly disbursed to the Recipient upon receipt of
Disbursement Request Form 260, or any amendment thereto, duly completed and
executed by the Recipient for incurred costs consistent with this Agreement, along with
receipt of status reports due under Section 2.15 above.
(4) The Recipient shall not request disbursement for any Project Cost until such cost has been
incurred and is currently due and payable by the Recipient, although the actual payment of
such cost by the Recipient is not required as a condition of disbursement request.
(5) Recipient shall spend Project Funds within 30 days of receipt. Any interest earned on
Project Funds shall be reported to the State Water Board and may be required to be
returned to the State Water Board or deducted from future disbursements.
(6) The Recipient shall not be entitled to interest earned on undisbursed planning funds.
(7) The Recipient shall not request a disbursement unless that Project Cost is allowable,
reasonable, and allocable.
(8) Notwithstanding any other provision of this Agreement, no disbursement shall be required
at any time or in any manner which is in violation of or in conflict with federal or state laws,
policies, or regulations.
(b) The State Water Board's obligation to disburse Project Funds is contingent upon the availability of
sufficient funds to permit the disbursements provided for herein. If sufficient funds are not available
for any reason, including but not limited to failure of the federal or State government to appropriate
funds necessary for disbursement of Project Funds, the State Water Board shall not be obligated to
make any disbursements to the Recipient under this Agreement. This provision shall be construed
as a condition precedent to the obligation of the State Water Board to make any disbursements
under this Agreement. Nothing in this Agreement shall be construed to provide the Recipient with a
right of priority for disbursement over any other agency. If any disbursements due the Recipient
under this Agreement are deferred because sufficient funds are unavailable, it is the intention of the
State Water Board that such disbursement will be made to the Recipient when sufficient funds do
become available, but this intention is not binding.
3.6 Withholding of Disbursements and Material Violations.
(a) The State Water Board may withhold all or any portion of the funds provided for by this
Agreement in the event that:
(1) The Recipient has materially violated, or threatens to materially violate, any term, provision,
condition, or commitment of this Agreement; or
(2) The Recipient fails to maintain reasonable progress toward completion of the Project.
(b) For the purposes of this Agreement, the terms “material violation” or “threat of material
violation” include, but are not limited to:
(1) Placement on the ballot of an initiative or referendum to reduce Revenues;
(2) Passage of such an initiative or referendum;
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(3) Successful challenges by ratepayer(s) to the process used by Recipient to set, dedicate, or
otherwise secure Revenues; or
(4) Any other action or lack of action that may be construed by the Division as a material
violation or threat thereof.
3.7 Pledge; Rates, Fees and Charges; Additional Debt.
(a) Establishment of Enterprise Fund and Reserve Fund. In order to carry out its Material
Obligations, the Recipient covenants that it shall establish and maintain or shall have established
and maintained the Enterprise Fund. All Revenues received shall be deposited when and as
received in trust in the Enterprise Fund. As required in Exhibit D of this Agreement and Section
4.18, the Recipient shall establish and maintain a Reserve Fund.
(b) Pledge of Net Revenues, Enterprise Fund, and Reserve Fund. The Obligation hereunder shall be
secured by a lien on and pledge of Net Revenues and any Reserve Fund specified in Exhibit D in
priority as specified in Exhibit F (senior, parity, or subordinate). The Recipient hereby pledges
and grants such lien on and pledge of Net Revenues and any Reserve Fund specified in Exhibit
D to secure the Obligation, including payment of Installment Payments and Additional Payments
hereunder. The Net Revenues shall be subject to the lien of such pledge without any physical
delivery thereof or further act, and the lien of such pledge shall be valid and binding as against all
parties having claims of any kind in tort, contract, or otherwise against the Recipient.
(c) Application and Purpose of the Enterprise Fund. Subject to the provisions of any outstanding
Material Obligation, money on deposit in the Enterprise Fund shall be applied and used first, to
pay Maintenance and Operation Costs, and thereafter, all amounts due and payable with respect
to the Material Obligations. Subject to the provisions of any outstanding Material Obligation, after
making all payments hereinabove required to be made in each Fiscal Year, the Recipient may
expend in such Fiscal Year any remaining money in the Enterprise Fund for any lawful purpose of
the Recipient, including payment of subordinate debt.
(d) Rates, Fees and Charges. The Recipient shall, to the extent permitted by law, fix, prescribe and
collect rates, fees and charges for the System during each Fiscal Year which are reasonable, fair,
and nondiscriminatory and which will be at least sufficient to yield during each Fiscal Year Net
Revenues equal to the debt service on System Obligations, including the Obligation, for such
Fiscal Year, plus any coverage ratio specified in Exhibit D of this Agreement. The Recipient may
make adjustments from time to time in such fees and charges and may make such classification
thereof as it deems necessary, but shall not reduce the rates, fees and charges then in effect
unless the Net Revenues from such reduced rates, fees, and charges will at all times be sufficient
to meet the requirements of this section.
(e) Additional Debt Test.
(1) Additional Senior Debt. The Recipient’s future debt that is secured by Net Revenues may not
be senior to this Obligation, except where the new senior obligation refunds or refinances an
existing senior obligation, the new senior obligation has the same or earlier repayment term
as the refunded senior debt, and the new senior debt service is the same or lower than the
existing debt service in each year, thereby not diminishing the applicant’s ability to repay its
SRF obligations.
(2) Additional Parity Debt. Future debt that is secured by Net Revenues may be on parity with
this Obligation if the Recipient is then in compliance with the reserve, coverage and
additional debt test requirements in Exhibit D to this Agreement.
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(f) In the event that this Agreement is inconsistent with the Recipient’s resolution pledging revenues
for repayment of this Obligation, the terms of this Agreement shall govern.
3.8 Financial Management System and Standards.
The Recipient shall comply with federal standards for financial management systems. The Recipient
agrees that, at a minimum, its fiscal control and accounting procedures will be sufficient to permit
preparation of reports required by the federal government and tracking of Project funds to a level of
expenditure adequate to establish that such funds have not been used in violation of federal or state law
or the terms of this Agreement. To the extent applicable, the Recipient shall be bound by, and to comply
with, the provisions and requirements of the federal Single Audit Act of 1984, Office of Management and
Budget (OMB) Circular No. A-133 and 2 CFR Part 200, subpart F, and updates or revisions, thereto.
3.9 Accounting and Auditing Standards.
The Recipient must maintain project accounts according to GAAP as issued by the Governmental
Accounting Standards Board (GASB) or its successor. The Recipient shall maintain GAAP-compliant
project accounts, including GAAP requirements relating to the reporting of infrastructure assets.
3.10 Other Assistance.
If funding for Project Costs is made available to the Recipient from sources other than this Agreement,
the Recipient shall notify the Division. The Recipient may retain such funding up to an amount which
equals the Recipient's local share of Project Costs. To the extent allowed by requirements of other
funding sources, excess funding shall be remitted to the State Water Board to be applied to Installment
Payments due hereunder, if any.
ARTICLE IV TAX COVENANTS
4.1 Purpose.
The purpose of this Article IV is to establish the reasonable expectations of the Recipient regarding the
Project and the Project Funds, and is intended to be and may be relied upon for purposes of Sections
103, 141 and 148 of the Code and as a certification described in Section 1.148-2(b)(2) of the Treasury
Regulations. This Article IV sets forth certain facts, estimates and circumstances which form the basis for
the Recipient’s expectation that neither the Project nor the Bond Funded Portion of the Project Funds is to
be used in a manner that would cause the Obligation to be classified as “arbitrage bonds” under Section
148 of the Code or “private activity bonds” under Section 141 of the Code.
4.2 Tax Covenant.
The Recipient agrees that it will not take or authorize any action or permit any action within its reasonable
control to be taken, or fail to take any action within its reasonable control, with respect to the Project
which would result in the loss of the exclusion of interest on the Bonds from gross income for federal
income tax purposes under Section 103 of the Code.
4.3 Governmental Unit.
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The Recipient is a state or local governmental unit as defined in Section 1.103-1 of the Treasury
Regulations or an instrumentality thereof (a "Governmental Unit") and is not the federal government or
any agency or instrumentality thereof.
4.4 Financing of a Capital Project.
The Recipient will use the Project Funds to finance costs it has incurred or will incur for the construction,
reconstruction, installation or acquisition of the Project. Such costs have not previously been financed
with the proceeds of any other issue of tax-exempt obligations.
4.5 Ownership and Operation of Project.
The Recipient exclusively owns and, except as provided in Section 4.12 hereof, operates the Project.
4.6 Temporary Period.
The Recipient reasonably expects that at least eighty-five percent (85%) of the Bond Funded Portion of
the Project Funds will be allocated to expenditures for the Project within three (3) years of the earlier of
the effective date of this Agreement or the date the Bonds are issued ("Applicable Date"). The Recipient
has incurred, or reasonably expects that it will incur within six (6) months of the Applicable Date, a
substantial binding obligation (i.e., not subject to contingencies within the control of the Recipient or a
related party) to a third party to expend at least five percent (5%) of the Bond Funded Portion of the
Project Funds on Project Costs. The completion of acquisition, construction, improvement and equipping
of the Project and the allocation of the Bond Funded Portion of the Project Funds to Project Costs will
proceed with due diligence.
4.7 Working Capital.
No operational expenditures of the Recipient or any related entity are being, have been or will be financed
or refinanced with Project Funds.
4.8 Expenditure of Proceeds.
The Bond Funded Portion of the Project Funds shall be used exclusively for the following purposes: (i)
Reimbursement Expenditures (as defined in Section 4.20 below), (ii) Preliminary Expenditures (as
defined in Section 4.20 below) in an aggregate amount not exceeding twenty percent (20%) of the Bond
Funded Portion of the Project Funds, (iii) capital expenditures relating to the Project originally paid by the
Recipient on or after the date hereof, (iv) interest on the Obligation through the later of three (3) years
after the Applicable Date or one (1) year after the Project is placed in service, and (v) initial operating
expenses directly associated with the Project in the aggregate amount not more than five percent (5%) of
the Bond Funded Portion of the Project Funds.
4.9 Private Use and Private Payments.
No portion of the Project Funds or the Project is being, has been or will be used in the aggregate for any
activities that constitute a Private Use (as defined below). No portion of the principal of or interest with
respect to the Installment Payments will be secured by any interest in property (whether or not the
Project) used for a Private Use or in payments in respect of property used for a Private Use, or will be
derived from payments in respect of property used for a Private Use. "Private Use" means any activity
that constitutes a trade or business that is carried on by persons or entities, other than a Governmental
Unit. The leasing of the Project or the access by or the use of the Project by a person or entity other than
a Governmental Unit on a basis other than as a member of the general public shall constitute a Private
Use. Use by or on behalf of the State of California or any of its agencies, instrumentalities or subdivisions
or by any local Governmental Unit and use as a member of the general public will be disregarded in
determining whether a Private Use exists. Use under an arrangement that conveys priority rights or other
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preferential benefits is generally not use on the same basis as the general public. Arrangements
providing for use that is available to the general public at no charge or on the basis of rates that are
generally applicable and uniformly applied do not convey priority rights or other preferential benefits. For
this purpose, rates may be treated as generally applicable and uniformly applied even if (i) different rates
apply to different classes of users, such as volume purchasers, if the differences in rates are customary
and reasonable; or (ii) a specially negotiated rate arrangement is entered into, but only if the user is
prohibited by federal law from paying the generally applicable rates, and the rates established are as
comparable as reasonably possible to the generally applicable rates. An arrangement that does not
otherwise convey priority rights or other preferential benefits is not treated, nevertheless, as general
public use if the term of the use under the arrangement, including all renewal options, is greater than 200
days. For this purpose, a right of first refusal to renew use under the arrangement is not treated as a
renewal option if (i) the compensation for the use under the arrangement is redetermined at generally
applicable, fair market value rates that are in effect at the time of renewal; and (ii) the use of the financed
property under the same or similar arrangements is predominantly by natural persons who are not
engaged in a trade or business.
4.10 No Sale, Lease or Private Operation of the Project.
The Project (or any portion thereof) will not be sold or otherwise disposed of, in whole or in part, to any
person who is not a Governmental Unit prior to the final maturity date of the Obligation. The Project will
not be leased to any person or entity that is not a Governmental Unit prior to the final maturity date of the
Obligation. Except as permitted under Section 4.12 hereof, the Recipient will not enter any contract or
arrangement or cause or permit any contract or arrangement to be entered with persons or entities that
are not Governmental Units if that contract or arrangement would confer on such persons or entities any
right to use the Project on a basis different from the right of members of the general public. The contracts
or arrangements contemplated by the preceding sentence include but are not limited to management
contracts, take or pay contracts or put or pay contracts, and capacity guarantee contracts.
4.11 No Disproportionate or Unrelated Use.
No portion of the Project Funds or the Project is being, have been, or will be used for a Private Use that is
unrelated or disproportionate to the governmental use of the Project Funds.
4.12 Management and Service Contracts.
With respect to management and service contracts, the determination of whether a particular use
constitutes Private Use shall be determined on the basis of applying Section 1.141-3(b)(4) of the Treasury
Regulations, Revenue Procedure 97-13, IRS Notice 2014-67, and other applicable rules and
regulations. As of the date hereof, no portion of the Bond Funded Portion of the Project Funds or the
Project is being used to provide property subject to contracts or other arrangements with persons or
entities engaged in a trade or business (other than Governmental Units) that involve the management of
property or the provision of services that do not comply with the standards of the Treasury Regulations
and Revenue Procedure 97-13, as modified by IRS Notice 2014-67.
Except to the extent the Recipient has received an opinion of counsel expert in the issuance of state and
local government bonds the interest on which is excluded from gross income under Section 103 of the
Code ("Nationally-Recognized Bond Counsel") and satisfactory to the State Water Board and the Bank to
the contrary, the Recipient will not enter into any management or service contracts with any person or
entity that is not a Governmental Unit for services to be provided with respect to the Project while the
Obligation is outstanding, unless the contract meets the following requirements: (i) the compensation is
reasonable for the services rendered; (ii) the compensation is not based, in whole or in part, on a share of
net profits from the operation of the Project; (iii) the term of the contract, including all renewal options,
does not exceed five (5) years; and (iv) all of the compensation for services for each annual period during
the term of the contract is based on a periodic fixed fee or all of the compensation for services is based
on a stated amount, a periodic capitation fee, a capitation fee, a per unit fee, or combination of the
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preceding. The compensation for services may be all, or may include, a percentage of gross revenues,
adjusted gross revenues, or expenses of the Project (but not both revenues and expenses). A capitation
fee is a fixed periodic amount for each person for whom the service provider assumes the responsibility to
provide all needed services for a specified period so long as the quantity and type of services actually
provided to covered persons vary substantially, e.g., a fixed dollar amount payable per month to a service
provider for each member of a plan for whom the provider agrees to provide all needed services for a
specified period. A capitation fee may include a variable component of up to twenty percent (20%) of the
total capitation fee designed to protect the service provider against risks such as catastrophic loss.
4.13 No Disposition of Financed Property.
As of the date hereof, the Recipient does not expect to sell or otherwise dispose of any portion of the
Project, in whole or in part, prior to the final maturity date of the Obligation.
4.14 Useful Life of Project.
As of the date hereof, the Recipient reasonably expects that the economic useful life of the Project,
commencing at Project Completion, will be at least equal to the term of this Agreement, as set forth on
Exhibit B hereto.
4.15 Installment Payments.
Installment Payments generally are expected to be derived from assessments, taxes, fees, charges or
other current Revenues of the Recipient in each year, and such current Revenues are expected to equal
or exceed the Installment Payments during each payment period. Any amounts accumulated in a sinking
fund or bona fide debt service fund to pay Installment Payments (whether or not deposited to a fund or
account established by the Recipient) will be disbursed to pay Installment Payments within thirteen
months of the initial date of accumulation or deposit. Any such fund used for the payment of Installment
Payments will be depleted once a year except for a reasonable carryover amount not exceeding earnings
on such fund or one-twelfth of the Installment Payments in either case for the immediately preceding
year.
4.16 No Other Replacement Proceeds.
The Recipient will not use any of the Bond Funded Portion of the Project Funds to replace or substitute
other funds of the Recipient that were otherwise to be used to finance the Project or which are or will be
used to acquire securities, obligations or other investment property reasonably expected to produce a
yield that is materially higher than the yield on the Bonds.
4.17 No Sinking or Pledged Fund.
Except as set forth in Section 4.18 below, the Recipient will not create or establish any sinking fund or
pledged fund which will be used to pay Installment Payments on the Obligation within the meaning of
Section 1.148-1(c) of the Treasury Regulations. If any sinking fund or pledged fund comes into being with
respect to the Obligation before the Obligation has been fully retired which may be used to pay the
Installment Payments, the Recipient will invest such sinking fund and pledged fund moneys at a yield that
does not exceed the yield on the Bonds.
4.18 Reserve Amount.
The State Water Board requires that the Recipient maintain and fund a separate account in an amount
equal to one (1) year of debt service with respect to the Obligation (the “Reserve Amount”) as set forth in
Exhibit D. The Recipient represents that the Reserve Amount is and will be available to pay debt service
with respect to the Obligation, if and when needed. The Reserve Amount consists solely of revenues of
the Recipient and does not include any proceeds of any obligations the interest on which is excluded from
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gross income for federal income tax purposes or investment earnings thereon. The aggregate of the
Reserve Amount, up to an amount not exceeding the lesser of (i) ten percent of the aggregate principal
amount of the Obligation, (ii) the maximum annual debt service with respect to the Obligation, or (iii) 125
percent of the average annual debt service with respect to the Obligation, will be treated as a reasonably
required reserve fund.
4.19 Reimbursement Resolution.
The “reimbursement resolution” adopted by the Recipient is incorporated herein by reference, pursuant to
Exhibit A.
4.20 Reimbursement Expenditures.
Reimbursements are disallowed, except as specifically authorized in Exhibit B or Exhibit D of this
Agreement. To the extent so authorized, a portion of the Bond Funded Portion of the Project Funds may
be applied to reimburse the Recipient for Project Costs paid before the date hereof, so long as the Project
Cost was (i) not paid prior to sixty (60) days before the Recipient’s adoption of a declaration of official
intent to finance the Project, (ii) not paid more than eighteen (18) months prior to the date hereof or the
date the Project was placed-in-service, whichever is later, and (iii) not paid more than three (3) years prior
to the date hereof (collectively, “Reimbursement Expenditures”), unless such cost is attributable to a
“preliminary expenditure.” Preliminary expenditure for this purpose means architectural, engineering,
surveying, soil testing and similar costs incurred prior to the commencement of construction or
rehabilitation of the Project, but does not include land acquisition, site preparation and similar costs
incident to the commencement of acquisition, construction or rehabilitation of the Project. Preliminary
expenditures may not exceed 20% of the Bond Funded Portion of the Project Funds.
4.21 Change in Use of the Project.
The Recipient reasonably expects to use all Project Funds and the Project for the entire stated term to
maturity of the Obligation. Absent an opinion of Nationally-Recognized Bond Counsel to the effect that
such use of the Bond Funded Portion of the Project Funds will not adversely affect the exclusion from
federal gross income of interest on the Bonds pursuant to Section 103 of the Code; the Recipient will use
the Bond Funded Portion of the Project Funds and the Project solely as set forth in the Agreement.
4.22 Rebate Obligations.
If the Recipient satisfies the requirements of one of the spending exceptions to rebate specified in Section
1.148-7 of the Treasury Regulations, amounts earned from investments, if any, acquired with the Bond
Funded Portion of the Project Funds will not be subject to the rebate requirements imposed under Section
148(f) of the Code. If the Recipient fails to satisfy such requirements for any period, it will notify the State
Water Board and the Bank immediately and will comply with the provisions of the Code and the Treasury
Regulations at such time, including the payment of any rebate amount calculated by the State Water
Board or the Bank.
4.23 No Federal Guarantee.
The Recipient will not directly or indirectly use any of the Bond Funded Portion of the Project Funds in
any manner that would cause the Bonds to be "federally guaranteed" within the meaning of Section
149(b) of the Code, taking into account various exceptions including any guarantee related to investments
during an initial temporary period until needed for the governmental purpose of the Bonds, investments as
part of a bona fide debt service fund, investments of a reasonably required reserve or replacement fund,
investments in bonds issued by the United States Treasury, investments in refunding escrow funds or
certain other investments permitted under the Treasury Regulations.
4.24 No Notices or Inquiries from IRS.
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Within the last 10 years, the Recipient has not received any notice of a final action of the Internal
Revenue Service that determines that interest paid or payable on any debt obligation of the Recipient is
or was includable in the gross income of an owner or beneficial owner thereof for federal income tax
purposes under the Code.
4.25 Amendments.
The provisions in this Article may be amended, modified or supplemented at any time to reflect changes
in the Code upon obtaining written approval of the State Water Board and the Bank and an opinion of
Nationally-Recognized Bond Counsel to the effect that such amendment, modification or supplement will
not adversely affect the exclusion from federal gross income of interest on the Bonds pursuant to Section
103 of the Code.
4.26 Reasonable Expectations.
The Recipient warrants that, to the best of its knowledge, information and belief, and based on the facts
and estimates as set forth in the tax covenants in this Article, the expectations of the Recipient as set
forth in this Article are reasonable. The Recipient is not aware of any facts or circumstances that would
cause it to question the accuracy or reasonableness of any representation made in the provisions in this
Article IV.
ARTICLE V MISCELLANEOUS PROVISIONS
5.1 Amendment.
No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed
by the parties and approved as required. No oral understanding or agreement not incorporated in this
Agreement is binding on any of the parties.
5.2 Assignability.
The Recipient consents to any pledge, sale, or assignment to the Bank or a trustee for the benefit of the
owners of the Bonds, if any, at any time of any portion of the State Water Board's estate, right, title, and
interest and claim in, to and under this Agreement and the right to make all related waivers and
agreements in the name and on behalf of the State Water Board, as agent and attorney-in-fact, and to
perform all other related acts which are necessary and appropriate under this Agreement, if any, and the
State Water Board's estate, right, title, and interest and claim in, to and under this Agreement to
Installment Payments (but excluding the State Water Board's rights to Additional Payments and to
notices, opinions and indemnification under each Obligation). This Agreement is not assignable by the
Recipient, either in whole or in part, without the consent of the State Water Board in the form of a formal
written amendment to this Agreement.
5.3 Bonding.
Where contractors are used, the Recipient shall not authorize construction to begin until each contractor
has furnished a performance bond in favor of the Recipient in the following amounts: faithful performance
(100%) of contract value; labor and materials (100%) of contract value. This requirement shall not apply
to any contract for less than $25,000.00.
5.4 Competitive Bidding.
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Recipient shall adhere to any applicable state or local ordinance for competitive bidding and applicable
labor laws.
5.5 Compliance with Law, Regulations, etc.
The Recipient shall, at all times, comply with and require its contractors and subcontractors to comply
with all applicable federal and state laws, rules, guidelines, regulations, and requirements. Without
limitation of the foregoing, to the extent applicable, the Recipient shall:
(a) Comply with the provisions of the adopted environmental mitigation plan, if any, for the term of
this Agreement;
(b) Comply with the State Water Board's Policy;
(c) Comply with and require compliance with the list of state laws attached as Exhibit H.
(d) Comply with and require its contractors and subcontractors on the Project to comply with federal
DBE requirements; and
(e) Comply with and require its contractors and subcontractors to comply with the list of federal laws
attached as Exhibit E.
5.6 Conflict of Interest.
The Recipient certifies that its owners, officers, directors, agents, representatives, and employees are in
compliance with applicable state and federal conflict of interest laws.
5.7 Damages for Breach Affecting Tax-Exempt Status or Federal Compliance.
In the event that any breach of any of the provisions of this Agreement by the Recipient shall result in the
loss of tax-exempt status for any bonds of the State or any subdivision or agency thereof, including Bonds
issued on behalf of the State Water Board, or if such breach shall result in an obligation on the part of the
State or any subdivision or agency thereof to reimburse the federal government by reason of any
arbitrage profits, the Recipient shall immediately reimburse the State or any subdivision or agency thereof
from Net Revenues and other legally available moneys in an amount equal to any damages paid by or
loss incurred by the State or any subdivision or agency thereof due to such breach. In the event that any
breach of any of the provisions of this Agreement by the Recipient shall result in the failure of Project
Funds to be used pursuant to the provisions of this Agreement, or if such breach shall result in an
obligation on the part of the State or any subdivision or agency thereof to reimburse the federal
government, the Recipient shall immediately reimburse the State or any subdivision or agency thereof
from Net Revenues and other legally available moneys in an amount equal to any damages paid by or
loss incurred by the State or any subdivision or agency thereof due to such breach.
5.8 Disputes.
(a) The Recipient may appeal a staff decision within 30 days to the Deputy Director of the Division or
designee, for a final Division decision. The Recipient may appeal a final Division decision to the
State Water Board within 30 days. The Office of the Chief Counsel of the State Water Board will
prepare a summary of the dispute and make recommendations relative to its final resolution,
which will be provided to the State Water Board’s Executive Director and each State Water Board
Member. Upon the motion of any State Water Board Member, the State Water Board will review
and resolve the dispute in the manner determined by the State Water Board. Should the State
Water Board determine not to review the final Division decision, this decision will represent a final
agency action on the dispute.
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(b) This clause does not preclude consideration of legal questions, provided that nothing herein shall
be construed to make final the decision of the State Water Board, or any official or representative
thereof, on any question of law.
(c) Recipient shall continue with the responsibilities under this Agreement during any dispute.
(d) This section 5.8 relating to disputes does not establish an exclusive procedure for resolving
claims within the meaning of Government Code sections 930 and 930.4.
5.9 Governing Law.
This Agreement is governed by and shall be interpreted in accordance with the laws of the State of
California.
5.10 Income Restrictions.
The Recipient agrees that any refunds, rebates, credits, or other amounts (including any interest thereon)
accruing to or received by the Recipient under this Agreement shall be paid by the Recipient to the State
Water Board, to the extent that they are properly allocable to costs for which the Recipient has been
reimbursed by the State Water Board under this Agreement.
5.11 Indemnification and State Reviews.
The parties agree that review or approval of Project plans and specifications by the State Water Board is
for administrative purposes only , including conformity with application and eligibility criteria, and
expressly not for the purposes of design defect review or construction feasibility, and does not relieve the
Recipient of its responsibility to properly plan, design, construct, operate, and maintain the Project. To
the extent permitted by law, the Recipient agrees to indemnify, defend, and hold harmless the State
Water Board, the Bank, and any trustee, and their officers, employees, and agents for the Bonds, if any
(collectively, "Indemnified Persons"), against any loss or liability arising out of any claim or action brought
against any Indemnified Persons from and against any and all losses, claims, damages, liabilities, or
expenses, of every conceivable kind, character, and nature whatsoever arising out of, resulting from, or in
any way connected with (1) the System or the Project or the conditions, occupancy, use, possession,
conduct, or management of, work done in or about, or the planning, design, acquisition, installation, or
construction, of the System or the Project or any part thereof; (2) the carrying out of any of the
transactions contemplated by this Agreement or any related document; (3) any violation of any applicable
law, rule or regulation, any environmental law (including, without limitation, the Federal Comprehensive
Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act,
the California Hazardous Substance Account Act, the Federal Water Pollution Control Act, the Clean Air
Act, the Toxic Substances Control Act, the Occupational Safety and Health Act, the Safe Drinking Water
Act, the California Hazardous Waste Control Law, and California Water Code Section 13304, and any
successors to said laws), rule or regulation or the release of any toxic substance on or near the System;
or (4) any untrue statement or alleged untrue statement of any material fact or omission or alleged
omission to state a material fact necessary to make the statements required to be stated therein, in light
of the circumstances under which they were made, not misleading with respect to any information
provided by the Recipient for use in any disclosure document utilized in connection with any of the
transactions contemplated by this Agreement. The Recipient shall also provide for the defense and
indemnification of the Indemnified Parties in any contractual provision extending indemnity to the
Recipient in any contract let for the performance of any work under this Agreement, and shall cause the
Indemnified Parties to be included within the scope of any provision for the indemnification and defense of
the Recipient in any contract or subcontract. To the fullest extent permitted by law, the Recipient agrees
to pay and discharge any judgment or award entered or made against Indemnified Persons with respect
to any such claim or action, and any settlement, compromise or other voluntary resolution. The
provisions of this section shall survive the term of this Agreement and the discharge of the Recipient's
Obligation hereunder.
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5.12 Independent Actor.
The Recipient, and its agents and employees, if any, in the performance of this Agreement, shall act in an
independent capacity and not as officers, employees, or agents of the State Water Board.
5.13 Leveraging Covenants.
(a) Tax Covenant. Notwithstanding any other provision hereof, the Recipient covenants and agrees
that it will comply with the Tax Covenants set forth in Article IV of this Agreement.
(b) Disclosure of Financial Information, Operating Data, and Other Information. The Recipient
covenants to furnish such financial, operating and other data pertaining to the Recipient as may
be requested by the State Water Board to: (i) enable the State Water Board to cause the
issuance of Bonds and provide for security therefor; or (ii) enable any underwriter of Bonds
issued for the benefit of the State Water Board to comply with Rule 15c2-12(b)(5). The Recipient
further covenants to provide the State Water Board with copies of all continuing disclosure reports
and materials concerning the System required by the terms of any financing other than this
Agreement and to submit such reports to the State Water Board at the same time such reports
are submitted to any dissemination agent, trustee, nationally recognized municipal securities
information repository, the Municipal Securities Rulemaking Board’s Electronic Municipal Market
Access (EMMA) website or other person or entity.
5.14 Non-Discrimination Clause.
(a) During the performance of this Agreement, Recipient and its contractors and subcontractors shall
not unlawfully discriminate, harass, or allow harassment against any employee or applicant for
employment because of sex, race, color, ancestry, religious creed, national origin, sexual
orientation, physical disability (including HIV and AIDS), mental disability, medical condition
(cancer), age (over 40), marital status, denial of family care leave, or genetic information, gender,
gender identity, gender expression, or military and veteran status.
(b) The Recipient, its contractors, and subcontractors shall ensure that the evaluation and treatment
of their employees and applicants for employment are free from such discrimination and
harassment.
(c) The Recipient, its contractors, and subcontractors shall comply with the provisions of the Fair
Employment and Housing Act and the applicable regulations promulgated thereunder. (Gov.
Code, §12990, subds. (a)-(f) et seq.;Cal. Code Regs., tit. 2, § 7285 et seq.) Such regulations are
incorporated into this Agreement by reference and made a part hereof as if set forth in full.
(d) The Recipient, its contractors, and subcontractors shall give written notice of their obligations
under this clause to labor organizations with which they have a collective bargaining or other
agreement.
(e) The Recipient shall include the nondiscrimination and compliance provisions of this clause
in all subcontracts to perform work under the Agreement.
5.15 No Third Party Rights.
The parties to this Agreement do not create rights in, or grant remedies to, any third party as a beneficiary
of this Agreement, or of any duty, covenant, obligation, or undertaking established herein.
5.16 Operation and Maintenance; Insurance.
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The Recipient agrees to sufficiently and properly staff, operate and maintain all portions of the System
during its useful life in accordance with all applicable state and federal laws, rules, and regulations.
The Recipient will procure and maintain or cause to be maintained insurance on the System with
responsible insurers, or as part of a reasonable system of self-insurance, in such amounts and against
such risks (including damage to or destruction of the System) as are usually covered in connection with
systems similar to the System. Such insurance may be maintained by a self-insurance plan so long as
such plan provides for (i) the establishment by the Recipient of a separate segregated self-insurance fund
in an amount determined (initially and on at least an annual basis) by an independent insurance
consultant experienced in the field of risk management employing accepted actuarial techniques and
(ii) the establishment and maintenance of a claims processing and risk management program.
In the event of any damage to or destruction of the System caused by the perils covered by such
insurance, the net proceeds thereof shall be applied to the reconstruction, repair or replacement of the
damaged or destroyed portion of the System. The Recipient shall begin such reconstruction, repair or
replacement as expeditiously as possible, and shall pay out of such net proceeds all costs and expenses
in connection with such reconstruction, repair or replacement so that the same shall be completed and
the System shall be free and clear of all claims and liens. If such net proceeds are insufficient to enable
the Recipient to pay all remaining unpaid principal portions of the Installment Payments, if any, the
Recipient shall provide additional funds to restore or replace the damaged portions of the System.
Recipient agrees that for any policy of general liability insurance concerning the construction of the
Project, it will cause, and will require its contractors and subcontractors to cause, a certificate of insurance
to be issued showing the State Water Board, its officers, agents, employees, and servants as additional
insured; and shall provide the Division with a copy of all such certificates prior to the commencement of
construction of the Project.
5.17 Permits, Subcontracting, and Remedies.
The Recipient shall comply in all material respects with all applicable federal, state and local laws, rules
and regulations. Recipient shall procure all permits, licenses and other authorizations necessary to
accomplish the work contemplated in this Agreement, pay all charges and fees, and give all notices
necessary and incidental to the due and lawful prosecution of the work. Signed copies of any such
permits or licenses shall be submitted to the Division before construction begins.
The Recipient shall not contract or allow subcontracting with excluded parties. The Recipient shall not
contract with any party who is debarred or suspended or otherwise excluded from or ineligible for
participation in any work overseen, directed, funded, or administered by the State Water Board program
for which this funding is authorized. For any work related to this Agreement, the Recipient shall not
contract with any individual or organization on the State Water Board’s List of Disqualified Businesses
and Persons that is identified as debarred or suspended or otherwise excluded from or ineligible for
participation in any work overseen, directed, funded, or administered by the State Water Board program
for which funding under this Agreement is authorized. The State Water Board’s List of Disqualified
Businesses and Persons is located at
http://www.waterboards.ca.gov/water_issues/programs/ustcf/dbp.shtml.
5.18 Prevailing Wages.
The Recipient agrees to be bound by all applicable provisions of State Labor Code regarding prevailing
wages. The Recipient shall monitor all agreements subject to reimbursement from this Agreement to
ensure that the prevailing wage provisions of the State Labor Code are being met. In addition, the
Recipient agrees to comply with the provisions of Exhibit G (Davis-Bacon).
5.19 Public Funding.
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This Project is publicly funded. Any service provider or contractor with which the Recipient contracts must
not have any role or relationship with the Recipient, that, in effect, substantially limits the Recipient's
ability to exercise its rights, including cancellation rights, under the contract, based on all the facts and
circumstances.
5.20 Recipient’s Responsibility for Work.
The Recipient shall be responsible for all work and for persons or entities engaged in work performed
pursuant to this Agreement, including, but not limited to, contractors, subcontractors, suppliers, and
providers of services. The Recipient shall be responsible for responding to any and all disputes arising
out of its contracts for work on the Project. The State Water Board will not mediate disputes between the
Recipient and any other entity concerning responsibility for performance of work.
5.21 Related Litigation.
Under no circumstances may the Recipient use funds from any disbursement under this Agreement to
pay costs associated with any litigation the Recipient pursues against the State Water Board or any
Regional Water Quality Control Board. Regardless of the outcome of any such litigation, and
notwithstanding any conflicting language in this Agreement, the Recipient agrees to repay all of the
disbursed funds plus interest in the event that Recipient does not complete the project.
5.22 Rights in Data.
The Recipient agrees that all data, plans, drawings, specifications, reports, computer programs, operating
manuals, notes, and other written or graphic work produced in the performance of this Agreement are
subject to the rights of the State as set forth in this section. The State shall have the right to reproduce,
publish, and use all such work, or any part thereof, in any manner and for any purposes whatsoever and
to authorize others to do so. If any such work is copyrightable, the Recipient may copyright the same,
except that, as to any work which is copyrighted by the Recipient, the State reserves a royalty-free,
nonexclusive, and irrevocable license to reproduce, publish, and use such work, or any part thereof, and
to authorize others to do so, and to receive electronic copies from the Recipient upon request.
5.23 State Water Board Action; Costs and Attorney Fees.
Any remedy provided in this Agreement is in addition to and not in derogation of any other legal or
equitable remedy available to the State Water Board as a result of breach of this Agreement by the
Recipient, whether such breach occurs before or after completion of the Project, and exercise of any
remedy provided by this Agreement by the State Water Board shall not preclude the State Water Board
from pursuing any legal remedy or right which would otherwise be available. In the event of litigation
between the parties hereto arising from this Agreement, it is agreed that each party shall bear its own
costs and attorney fees.
5.24 Termination; Immediate Acceleration; Interest.
(a) This Agreement may be terminated by written notice during construction of the Project, or
thereafter at any time prior to complete satisfaction of the Obligation by the Recipient, at the
option of the State Water Board, upon violation by the Recipient of any material provision of this
Agreement after such violation has been called to the attention of the Recipient and after failure
of the Recipient to bring itself into compliance with the provisions of this Agreement within a
reasonable time as established by the Division.
(b) In the event of such termination, the Recipient agrees, upon demand, to immediately repay to the
State Water Board from Net Revenues and other legally available moneys an amount equal to
Project Funds disbursed hereunder, accrued interest, penalty assessments, and Additional
Payments. In the event of termination, interest shall accrue on all amounts due at the highest
City of Palo Alto
Agreement No.: D16-01034
Project No.: C-06-8190-110
26
2016 cx 6ix16
legal rate of interest from the date that notice of termination is mailed to the Recipient to the date
all monies due have been received by the State Water Board.
5.25 Timeliness.
Time is of the essence in this Agreement.
5.26 Unenforceable Provision.
In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the
parties agree that all other provisions of this Agreement have force and effect and shall not be affected
thereby.
5.27 Useful Life.
The Recipient warrants that the economic useful life of the Project, commencing at Project Completion, is
at least equal to the term of this Agreement, as set forth in Exhibit B hereto.
5.28 Venue.
Any action arising out of this Agreement shall be filed and maintained in the Superior Court in and for the
County of Sacramento, California.
5.29 Waiver and Rights of the State Water Board.
Any waiver of rights by the State Water Board with respect to a default or other matter arising under the
Agreement at any time shall not be considered a waiver of rights with respect to any other default or
matter.
Any rights and remedies of the State Water Board provided for in this Agreement are in addition to any
other rights and remedies provided by law.
City of Palo Alto
Agreement No.: D16-01034
Project No.: C-06-8190-110
27
2016 cx 6ix16
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CITY OF PALO ALTO:
By: ____________________________________
Name: James Allen
Title: Regional Water Quality Control Plant Manager
Date: __________________________________
STATE WATER RESOURCES CONTROL BOARD:
By: ____________________________________
Name: Leslie Laudon
Title: Deputy Director
Division of Financial Assistance
Date: __________________________________
City of Palo Alto
Agreement No.: D16-01034
Project No.: C-06-8190-110
EXHIBIT A – SCOPE OF WORK
A-1
1. The Recipient agrees to start construction no later than the estimated date of May 15, 2017.
2. The Completion of Construction date is hereby established as March 30, 2019.
3. The Recipient agrees to ensure that its final Request for Disbursement is received by the Division no
later than six months after Completion of Construction, unless prior approval has been granted by the
Division. Otherwise, the undisbursed balance of this Agreement will be deobligated.
4. Incorporated by reference into this Agreement are the following documents:
(a) the Final Plans & Specifications, which are the basis for the construction contract to be awarded
by the Recipient (Agreement will be amended to incorporate such document);
(b) the Waste Discharge Requirement Order No. R2-2014-0024 and National Pollutant Discharge
Elimination System Permit No. CA0037834)
(c) the Recipient’s Reimbursement Resolution No. 9632 dated October 17, 2016;
5. Reporting. Status Reports due at least quarterly.
6. Scope of Work.
(a) Project Objectives:
The objective of the Project is to retire the City of Palo Alto’s Regional Water Quality Control Plant
(RWQCP) incinerators by 2019. This need is driven by seismic and reliability issues due to the
age of the incinerators and the two fold community mandate to reduce greenhouse gas emissions
within the Recipient and to beneficially use Recipient-generated organics. The key Project goals
include:
Minimize greenhouse gas emissions;
Identify beneficial uses for the biosolids generated at the RWQCP; manage the RWQCP
solids as biosolids recognizing their energy and nutrient value;
Produce renewable energy;
Minimize odors and other environmental impacts;
Manage organics and residuals at the local level;
Avoid biosolids solutions that may result in stranded assets, incorporate flexibility for future
uncertainties and opportunities.
(b) Project Description:
The Project will allow the decommissioning of the RWQCP incinerators. The facility will enable
RWQCP to dewater and transport sludge to offsite locations for final processing.
Decommissioning of incinerators and construction of sludge digestion facility will be completed in
a separate Project.
The Project includes construction of a new two-story building with an estimated area of 10,000
square feet to accommodate four belt filter presses, a truck loadout, and other miscellaneous
support areas. The Project will also include equipment such as polymer storage and feed pumps,
gravity-fed cake storage hoppers, and an odor control system. In addition to the dewatering and
truck loadout facility itself, a standby diesel engine generator will be installed to provide backup.
The generator is sized to handle the load for the facility as well as other nearby facilities. Fuel
City of Palo Alto
Agreement No.: D16-01034
Project No.: C-06-8190-110
EXHIBIT A – SCOPE OF WORK
A-2
storage will be provided by means of a sub-base fuel tank. Dewatered raw sludge will be
distributed via truck loads to various locations which include Synagro Central Valley Compost
Facility, East Bay Municipal Utility District and Kirby Canyon Landfill Facility.
7. Signage.
The Recipient shall place a sign at least four feet tall by eight feet wide made of ¾ inch thick
exterior grade plywood or other approved material in a prominent location on the Project site and
shall maintain the sign in good condition for the duration of the construction period. The sign
must include the following disclosure statement and color logos (available from the Division):
“Funding for this $30,000,000 Sludge Dewatering and Loadout Facility Poject has been
provided in full or in part by the Clean Water State Revolving Fund through an
agreement with the State Water Resources Control Board. California’s Clean Water
State Revolving Fund is capitalized through a variety of funding sources, including grants
from the United States Environmental Protection Agency and state bond proceeds.”
The Project sign may include another agency's required promotional information so long as the
above logos and disclosure statement are equally prominent on the sign. The sign shall be
prepared in a professional manner.
The Recipient shall include the following disclosure statement in any document, written report, or
brochure prepared in whole or in part pursuant to this Agreement:
“Funding for this project has been provided in full or in part through an agreement with
the State Water Resources Control Board. California’s Clean Water State Revolving
Fund is capitalized through a variety of funding sources, including grants from the United
States Environmental Protection Agency and state bond proceeds. The contents of this
document do not necessarily reflect the views and policies of the foregoing, nor does
mention of trade names or commercial products constitute endorsement or
recommendation for use.”
City of Palo Alto
Agreement No.: D16-01034
Project No.: C-06-8190-110
EXHIBIT B – FUNDING AMOUNT
B-1
1. Estimated Reasonable Cost. The estimated reasonable cost of the total Project, including associated
planning and design costs is thirty million dollars and no cents ($30,000,000.00).
2. Project Financing. Subject to the terms of this Agreement, the State Water Board agrees to provide
Project Funds in the amount of up to thirty million dollars and no cents ($30,000,000.00). A portion of
this amount four million dollars and no cents ($4,000,000,00) is anticipated to be a forgiven. The
estimated amount of principal that will be due to the State Water Board under this Agreement is
twenty-six million dollars and no cents ($26,000,000.00).
3. Payment, Interest Rate, and Charges. The Recipient agrees to make all Installment Payments
according to the schedule in Exhibit C at an interest rate of one and eight tenths percent (1.8%) per
annum. The Recipient agrees to pay an Administrative Service Charge in lieu of interest as reflected
in Exhibit C. The Recipient agrees to pay a Small Community Grant Fund Charge in lieu of interest as
reflected in Exhibit C.
4. Contingent Principal Forgiveness. Contingent on the Recipient’s performance of its obligations under
this Agreement, the State Water Board agrees to forgive up to four million dollars and no cents
($4,000,000.00) of the principal under this Agreement.
7. The term of this agreement is from March 20, 2017 to March 30, 2049.
8. Budget costs are contained in the Project Cost, which is part of Exhibit A-FBA. (This Agreement will
be amended to incorporate Exhibit A-FBA.)
9. Preliminary budget costs are as follows:
Planning and design allowances: $3,480,000
Construction costs and disbursements are not available until after this Agreement has been amended
to incorporate Exhibit A-FBA. Construction costs incurred prior to the Eligible Start Date on the cover
page of this Agreement are not eligible for reimbursement. Failure to begin construction according to
the timelines set forth in Exhibit A may require the Recipient to repay to the State Water Board all
disbursed Project Funds, including planning and design allowances.
City of Palo Alto
Agreement No.: D16-01034
Project No.: C-06-8190-110
EXHIBIT C – PAYMENT SCHEDULE
C-1
See the attached preliminary Payment Schedule dated March 27, 2017. The final Payment Schedule will
be forwarded to the Recipient after all disbursements have been paid and construction of the Project has
been completed.
Ref
Num
Due
Date
Date
Received Principal Payment
Interest
Rate%
Interest
Payment
Total P and I
Payment
Total
Payment
Ending
Balance
CPI
Interest
1 3/30/2020 558,864.54 1.8 299,404.30 858,268.84 858,268.84 19,258,905.73 0.00
2 3/30/2021 634,447.37 1.8 379,550.34 1,013,997.71 1,013,997.71 22,148,906.56 0.00
3 3/30/2022 709,403.95 1.8 425,315.89 1,134,719.84 1,134,719.84 24,097,284.14 0.00
4 3/30/2023 700,968.73 1.8 433,751.11 1,134,719.84 1,134,719.84 23,396,315.41 0.00
5 3/30/2024 713,586.16 1.8 421,133.68 1,134,719.84 1,134,719.84 22,682,729.25 0.00
6 3/30/2025 726,430.71 1.8 408,289.13 1,134,719.84 1,134,719.84 21,956,298.54 0.00
7 3/30/2026 739,506.47 1.8 395,213.37 1,134,719.84 1,134,719.84 21,216,792.07 0.00
8 3/30/2027 752,817.58 1.8 381,902.26 1,134,719.84 1,134,719.84 20,463,974.49 0.00
9 3/30/2028 766,368.30 1.8 368,351.54 1,134,719.84 1,134,719.84 19,697,606.19 0.00
10 3/30/2029 780,162.93 1.8 354,556.91 1,134,719.84 1,134,719.84 18,917,443.26 0.00
11 3/30/2030 794,205.86 1.8 340,513.98 1,134,719.84 1,134,719.84 18,123,237.40 0.00
12 3/30/2031 808,501.57 1.8 326,218.27 1,134,719.84 1,134,719.84 17,314,735.83 0.00
13 3/30/2032 823,054.60 1.8 311,665.24 1,134,719.84 1,134,719.84 16,491,681.23 0.00
14 3/30/2033 837,869.58 1.8 296,850.26 1,134,719.84 1,134,719.84 15,653,811.65 0.00
15 3/30/2034 852,951.23 1.8 281,768.61 1,134,719.84 1,134,719.84 14,800,860.42 0.00
16 3/30/2035 868,304.35 1.8 266,415.49 1,134,719.84 1,134,719.84 13,932,556.07 0.00
17 3/30/2036 883,933.83 1.8 250,786.01 1,134,719.84 1,134,719.84 13,048,622.24 0.00
18 3/30/2037 899,844.64 1.8 234,875.20 1,134,719.84 1,134,719.84 12,148,777.60 0.00
19 3/30/2038 916,041.84 1.8 218,678.00 1,134,719.84 1,134,719.84 11,232,735.76 0.00
20 3/30/2039 932,530.60 1.8 202,189.24 1,134,719.84 1,134,719.84 10,300,205.16 0.00
21 3/30/2040 949,316.15 1.8 185,403.69 1,134,719.84 1,134,719.84 9,350,889.01 0.00
22 3/30/2041 966,403.84 1.8 168,316.00 1,134,719.84 1,134,719.84 8,384,485.17 0.00
23 3/30/2042 983,799.11 1.8 150,920.73 1,134,719.84 1,134,719.84 7,400,686.06 0.00
24 3/30/2043 1,001,507.49 1.8 133,212.35 1,134,719.84 1,134,719.84 6,399,178.57 0.00
25 3/30/2044 1,019,534.63 1.8 115,185.21 1,134,719.84 1,134,719.84 5,379,643.94 0.00
26 3/30/2045 1,037,886.25 1.8 96,833.59 1,134,719.84 1,134,719.84 4,341,757.69 0.00
27 3/30/2046 1,056,568.20 1.8 78,151.64 1,134,719.84 1,134,719.84 3,285,189.49 0.00
28 3/30/2047 1,075,586.43 1.8 59,133.41 1,134,719.84 1,134,719.84 2,209,603.06 0.00
29 3/30/2048 1,094,946.98 1.8 39,772.86 1,134,719.84 1,134,719.84 1,114,656.08 0.00
30 3/30/2049 1,114,656.08 1.8 20,063.81 1,134,719.89 1,134,719.89 0.00 0.00
26,000,000.00 7,644,422.12 33,644,422.12 33,644,422.12 0.00
Page 1 of 1 3/27/2017
California Clean Water SRF Payment Schedule
Project No. 8190-110 - Palo Alto, City of
Agreement: D1601034 - based on Actual + Projected Disbursements
Sludge Dewatering and Loadout Facility
Interest rate:1.80000%
Principal is paid over:30 Years
City of Palo Alto
Agreement No.: D16-01034
Project No.: C-06-8190-110
EXHIBIT D – SPECIAL CONDITIONS
D-1
Recipient acknowledges and agrees to the following special conditions:
Environmental Special Conditions as follows:
The documents identified below are incorporated by reference and the Recipient shall comply with the
conditions and recommendations therein:
1. The March 28, 2016 Mitigation Monitoring and Reporting Program, including but not limited to the
following mitigation measures:
Avoidance Measures for Special-Status Wildlife Species.
The Recipient shall make no changes in the Project, construction area, or special conditions, without
obtaining the appropriate and necessary prior approval(s) from the State Water Board.
REPORTING TO THE STATE WATER BOARD
The Recipient shall include the status of its environmental compliance with the measures identified in this
Exhibit D in the Project Quarterly Construction Status Reports, and shall report its environmental
compliance efforts with these measures identified herein in the final Project Quarterly Construction Status
Reports for submittal to the State Water Board after the completion of the Project construction.
Financial Special Conditions as follows:
1. Recipient shall establish and maintain rates and charges sufficient to generate Revenues in the
amounts necessary to cover Maintenance and Operations Costs, and shall ensure that Net
Revenues are equal to at least 1.25 times the annual debt service in each Fiscal Year.
2. The proposed financing agreement shall be subordinate to the 1995 Utility Revenue Bond and
the1999 Utility Revenue and Refunding bond; and on parity with the CWSRF #C-06-4132-110
and CWSRF #COS-5044-110 Agreements. Issuance of additional parity debt requires Recipient's
Net Revenues, excluding transfers from a rate stabilization fund, to be a minimum of 1.25 times
the maximum annual debt service for existing and proposed additional debt.
3. Recipient shall establish a restricted Reserve Fund, held in its Enterprise Fund, equal to one
year's debt service on this Obligation prior to the Completion of Construction. The restricted
Reserve Fund shall be maintained for the full term of the Agreement and shall be subject to lien
and pledge as security for this Obligation and its use shall be restricted to payment of this
obligation during the term of this agreement.
City of Palo Alto
Agreement No.: D16-01034
Project No.: C-06-8190-110
EXHIBIT E – PROGRAMMATIC CONDITIONS & CROSS-CUTTERS
E-1
The Recipient agrees to comply with the following federal conditions:
(A) Federal Award Conditions
(1) American Iron and Steel. Unless the Recipient has obtained a waiver from USEPA on
file with the State Water Board or unless this Project is not a project for the construction,
alteration, maintenance or repair of a public water system or treatment work, the
Recipient shall not purchase “iron and steel products” produced outside of the United
States on this Project. Unless the Recipient has obtained a waiver from USEPA on file
with the State Water Board or unless this Project is not a project for the construction,
alteration, maintenance or repair of a public water system or treatment work, the
Recipient hereby certifies that all “iron and steel products” used in the Project were or will
be produced in the United States. For purposes of this section, the term "iron and steel
products" means the following products made primarily of iron or steel: lined or unlined
pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges,
pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and
construction materials. “Steel” means an alloy that includes at least 50 percent iron,
between .02 and 2 percent carbon, and may include other elements.
(2) Wage Rate Requirements (Davis-Bacon). The Recipient shall include in full the language
provided in Exhibit G of this Agreement in all contracts and subcontracts.
(3) Signage Requirements. The Recipient shall comply with the USEPA’s Guidelines for
Enhancing Public Awareness of SRF Assistance Agreements, dated June 3, 2015, as
otherwise specified in this Agreement.
(4) Public or Media Events. The Recipient shall notify the State Water Board and the EPA
contact as provided in the notice provisions of this Agreement of public or media events
publicizing the accomplishment of significant events related to this Project and provide
the opportunity for attendance and participation by federal representatives with at least
ten (10) working days’ notice.
(5) EPA General Terms and Conditions (USEPA GTCs). The Recipient shall comply with
applicable EPA general terms and conditions found at http://www.epa.gov/ogd, including
but not limited to the following:
(a) DUNS. No Recipient may receive funding under this Agreement unless it has
provided its DUNS number to the State Water Board.
(b) Executive Compensation. The Recipient shall report the names and total
compensation of each of its five most highly compensated executives for the
preceding completed fiscal year, as set forth in the USEPA GTCs.
(c) Contractors, Subcontractors, Debarment and Suspension, Executive Order
12549; 2 CFR Part 180; 2 CFR Part 1532. The Recipient shall comply with
Subpart C of 2 CFR Part 180 and shall ensure that its contracts include
compliance. The Recipient shall not subcontract with any party who is debarred
or suspended or otherwise excluded from or ineligible for participation in federal
assistance programs under Executive Order 12549, "Debarment and
Suspension". The Recipient shall not subcontract with any individual or
organization on USEPA's List of Violating Facilities. The Recipient shall obtain
certification from its contractor as to themselves and their principals as to the
following, and hereby certifies as to itself and its principals::
City of Palo Alto
Agreement No.: D16-01034
Project No.: C-06-8190-110
EXHIBIT E – PROGRAMMATIC CONDITIONS & CROSS-CUTTERS
E-2
i. Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded by
any federal department or agency;
ii. Have not within a three (3) year period preceding this
Agreement been convicted of or had a civil judgment
rendered against them for commission of fraud or a
criminal offense in connection with obtaining, attempting
to obtain, or performing a public (federal, state or local)
transaction or contract under a public transaction;
violation of federal or state antitrust statutes or
commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false
statements, or receiving stolen property;
iii. Are not presently indicted for or otherwise criminally or
civilly charged by a governmental entity (federal, state or
local) with commission of any of the offenses
enumerated in paragraph (b) of this certification; and
iv. Have not within a three (3) year period preceding this
application/proposal had one or more public transactions
(federal, state or local) terminated for cause or default.
v. Suspension and debarment information can be
accessed at http://www.sam.gov. The Recipient
represents and warrants that it has or will include a term
or conditions requiring compliance with this provision in
all of its contracts and subcontracts under this
Agreement. The Recipient acknowledges that failing to
disclose the information as required at 2 CFR 180.335
may result in the termination, delay or negation of this
Agreement, or pursuance of legal remedies, including
suspension and debarment.
(d) Conflict of Interest. To the extent applicable, the Recipient shall disclose to the
State Water Board any potential conflict of interest consistent with USEPA’s Final
Financial Assistance Conflict of Interest Policy at https://www.epa.gov/grants/epas-
final-financial-assistance-conflict-interest-policy. A conflict of interest may result in
disallowance of costs.
(e) Copyright and Patent.
i. USEPA and the State Water Board have the right to reproduce, publish, use
and authorize others to reproduce, publish and use copyrighted works or
other data developed under this assistance agreement.
ii. Where an invention is made with Project Funds, USEPA and the State Water
Board retain the right to a worldwide, nonexclusive, nontransferable,
irrevocable, paid-up license to practice the invention owned by the Recipient.
The Recipient must utilize the Interagency Edison extramural invention
reporting system at http://iEdison.gov and shall notify the Division when an
invention report, patent report, or utilization report is filed.
City of Palo Alto
Agreement No.: D16-01034
Project No.: C-06-8190-110
EXHIBIT E – PROGRAMMATIC CONDITIONS & CROSS-CUTTERS
E-3
(f) Credit. The Recipient agrees that any reports, documents, publications or other
materials developed for public distribution supported by this Agreement shall
contain the following statement:
“This project has been funded wholly or in part by the United States Environmental
Protection Agency and the State Water Resources Control Board. The contents of
this document do not necessarily reflect the views and policies of the
Environmental Protection Agency or the State Water Resources Control Board, nor
does the EPA or the Board endorse trade names or recommend the use of
commercial products mentioned in this document.”
(g) Electronic and Information Technology Accessibility. The Recipient is encouraged
to follow guidelines established under Section 508 of the Rehabilitation Act,
codified at 36 CFR Part 1194, with respect to enabling individuals with disabilities
to participate in its programs supported by this Project.
(h) Trafficking in Persons. The Recipient, its employees, contractors and
subcontractors and their employees may not engage in severe forms of trafficking
in persons during the term of this Agreement, procure a commercial sex act during
the term of this Agreement, or use forced labor in the performance of this
Agreement. The Recipient must include this provision in its contracts and
subcontracts under this Agreement. The Recipient must inform the State Water
Board immediately of any information regarding a violation of the foregoing. The
Recipient understands that failure to comply with this provision may subject the
State Water Board to loss of federal funds. The Recipient agrees to compensate
the State Water Board for any such funds lost due to its failure to comply with this
condition, or the failure of its contractors or subcontractors to comply with this
condition. The State Water Board may unilaterally terminate this Agreement if the
Recipient that is a private entity is determined to have violated the foregoing.
Trafficking Victims Protection Act of 2000.
(B) Super Cross-Cutters - Civil Rights Obligations. The Recipient must comply with the following
federal non-discrimination requirements:
(1) Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color,
and national origin, including limited English proficiency (LEP). (EPA XC HB)
(2) Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination against persons
with disabilities. (EPA XC HB)
(3) The Age Discrimination Act of 1975, which prohibits age discrimination. (EPA XC HB)
(4) Section 13 of the Federal Water Pollution Control Act Amendments of 1972, which prohibits
discrimination on the basis of sex. (EPA XC HB)
(5) 40 CFR Part 7, as it relates to the foregoing (EPA XC HB)
City of Palo Alto
Agreement No.: D16-01034
Project No.: C-06-8190-110
EXHIBIT E – PROGRAMMATIC CONDITIONS & CROSS-CUTTERS
E-4
(C) WRRDA Conditions
(1) Architectural and engineering contracts. Where the Recipient contracts for program
management, construction management, feasibility studies, preliminary engineering,
design, engineering, surveying, mapping, or architectural related services, the Recipient
shall ensure that such any such contract is negotiated in the same manner as a contract for
architectural and engineering services is negotiated under chapter 11 of title 40, United
States Code, or an equivalent State qualifications-based requirement as determined by the
State Water Board.
(2) Fiscal sustainability. The Recipient certifies that it has developed and is implementing a
fiscal sustainability plan for the Project that includes an inventory of critical assets that are a
part of the Project, an evaluation of the condition and performance of inventoried assets or
asset groupings, a certification that the recipient has evaluated and will be implementing
water and energy conservation efforts as part of the plan, and a plan for maintaining,
repairing, and, as necessary, replacing the Project and a plan for funding such activities.
(D) Cross-Cutters
(1) Executive Order No. 11246. The Recipient shall include in its contracts and
subcontracts related to the Project the following provisions:
"During the performance of this contract, the contractor agrees as follows:
"(a) The contractor will not discriminate against any employee or applicant for employment because of
race, creed, color, or national origin. The contractor will take affirmative action to ensure that
applicants are employed, and that employees are treated during employment, without regard to their
race, creed, color, or national origin. Such action shall include, but not be limited to the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the contracting officer setting forth the provisions
of this nondiscrimination clause.
"(b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of
the contractor, state that all qualified applicants will receive consideration for employment without
regard to race, creed, color, or national origin.
"(c) The contractor will send to each labor union or representative of workers with which he has a
collective bargaining agreement or other contract or understanding, a notice, to be provided by the
agency contracting officer, advising the labor union or workers' representative of the contractor's
commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post
copies of the notice in conspicuous places available to employees and applicants for employment.
"(d) The contractor will comply with all provisions of Executive Order No. 11246 of Sept. 24, 1965, and
of the rules, regulations, and relevant orders of the Secretary of Labor.
"(e) The contractor will furnish all information and reports required by Executive Order No. 11246 of
September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his books, records, and accounts by the contracting agency and the
Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations,
and orders.
City of Palo Alto
Agreement No.: D16-01034
Project No.: C-06-8190-110
EXHIBIT E – PROGRAMMATIC CONDITIONS & CROSS-CUTTERS
E-5
"(f) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract
or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or
suspended in whole or in part and the contractor may be declared ineligible for further Government
contracts in accordance with procedures authorized in Executive Order No. 11246 of Sept 24, 1965,
and such other sanctions may be imposed and remedies invoked as provided in Executive Order No.
11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as
otherwise provided by law.
"(g) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or
purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued
pursuant to Section 204 of Executive Order No. 11246 of Sept. 24, 1965, so that such provisions will be
binding upon each subcontractor or vendor. The contractor will take such action with respect to any
subcontract or purchase order as the contracting agency may direct as a means of enforcing such
provisions including sanctions for noncompliance: Provided, however, That in the event the contractor
becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such
direction by the contracting agency, the contractor may request the United States to enter into such
litigation to protect the interests of the United States."
(2) Disadvantaged Business Enterprises (40 CFR Part 33). The Recipient agrees to comply
with the requirements of USEPA’s Program for Utilization of Small, Minority and Women’s
Business Enterprises. The DBE rule can be accessed at www.epa.gov/osbp . The
Recipient shall comply with, and agrees to require its prime contractors to comply with 40
CFR Section 33.301, and retain all records documenting compliance with the six good faith
efforts. (IUP)
(3) Procurement Prohibitions under Section 306 of the Clean Air Act and Section 508 of the
Clean Water Act, including Executive Order 11738, Administration of the Clean Air Act and
the Federal Water Pollution Control Act with Respect to Federal Contracts, Grants, or
Loans; 42 USC § 7606; 33 USC § 1368. Except where the purpose of this Agreement is to
remedy the cause of the violation, the Recipient may not procure goods, services, or
materials from suppliers excluded under the federal System for Award Management:
http://www.sam.gov/ .
(4) Uniform Relocation and Real Property Acquisition Policies Act, Pub. L. 91-646, as
amended; 42 USC §§4601-4655. The Recipient must comply with the Act’s implementing
regulations at 49 CFR 24.101 through 24.105.
(5) Debarment and Suspension Executive Order No. 12549 (1986). The Recipient certifies
that it will not knowingly enter into a contract with anyone who is ineligible under the 40
CFR Part 32 to participate in the Project. Contractors on the Project must provide a similar
certification prior to the award of a contract and subcontractors on the project must provide
the general contractor with the certification prior to the award of any subcontract.
(6) The Recipient agrees that if its network or information system is connected to USEPA
networks to transfer data using systems other than the Environmental Information
Exchange Network or USEPA’s Central Data Exchange, it will ensure that any connections
are secure.
(E) Geospatial Data Standards
All geospatial data created pursuant to this Agreement that is submitted to the State Water Board for use
by USEPA or that is submitted directly to USEPA must be consistent with Federal Geographic Data
Committee endorsed standards. Information on these standards may be found at www.fgdc.gov.
City of Palo Alto
Agreement No.: D16-01034
Project No.: C-06-8190-110
EXHIBIT F – SCHEDULE OF SYSTEM OBLIGATIONS
F-1
Except for the following and the Obligation evidenced by this Agreement, the Recipient certifies that it has
no outstanding System Obligations and that it is in compliance with all applicable additional debt
provisions of the following:
The following outstanding debt is senior to the Obligation:
Title Debt Service Coverage
Requirement
Par Amount End Date
1999 Utility Revenue & Refunding
Bond
1.25 $17,735,000 6/1/2024
1995 Utility Revenue Bond 1.25 $8,640,000 6/1/2020
The following outstanding debt is on parity with the Obligation:
Title Debt Service Coverage
Requirement
Par Amount End Date
2007 CWSRF Loan, Project No.
4132-110, Agreement No. 07-814-
550
1.25 $9,000,000 6/30/2029
2009 CWSRF, Project No. 5044-
110, Agreement No. 09-814-550
1.25 $8,500,000 11/30/2030
The following outstanding debt is subordinate to the Obligation:
Title Debt Service Coverage
Requirement
Par Amount End Date
N/A
City of Palo Alto
Agreement No.: D16-01034
Project No.: C-06-8190-110
EXHIBIT G – DAVIS-BACON REQUIREMENTS
G-1
For purposes of this Exhibit only, “subrecipient” or “sub recipient” means the Recipient as defined in this
Agreement.
For purposes of this Exhibit only, “recipient” means the State Water Board.
I. Requirements For Sub recipients That Are Governmental Entities:
If a sub recipient has questions regarding when Davis-Bacon (DB) applies, obtaining the correct DB wage
determinations, DB provisions, or compliance monitoring, it may contact the State Water Board. The
recipient or sub recipient may also obtain additional guidance from DOL’s web site at
http://www.dol.gov/whd/
1. Applicability of the Davis- Bacon (DB) prevailing wage requirements.
DB prevailing wage requirements apply to the construction, alteration, and repair of treatment works
carried out in whole or in part with assistance made available by a State water pollution control revolving
fund and to any construction project carried out in whole or in part by assistance made available by a
drinking water treatment revolving loan fund. If a sub recipient encounters a unique situation at a site that
presents uncertainties regarding DB applicability, the sub recipient must discuss the situation with the
recipient State before authorizing work on that site.
2. Obtaining Wage Determinations.
(a) Sub recipients shall obtain the wage determination for the locality in which a covered activity subject to
DB will take place prior to issuing requests for bids, proposals, quotes or other methods for soliciting
contracts (solicitation) for activities subject to DB. These wage determinations shall be incorporated into
solicitations and any subsequent contracts. Prime contracts must contain a provision requiring that
subcontractors follow the wage determination incorporated into the prime contract.
(i) While the solicitation remains open, the sub recipient shall monitor www.wdol.gov weekly to ensure
that the wage determination contained in the solicitation remains current. The sub recipients shall amend
the solicitation if DOL issues a modification more than 10 days prior to the closing date (i.e. bid opening)
for the solicitation. If DOL modifies or supersedes the applicable wage determination less than 10 days
prior to the closing date, the sub recipients may request a finding from the State recipient that there is not
a reasonable time to notify interested contractors of the modification of the wage determination. The State
recipient will provide a report of its findings to the sub recipient.
(ii) If the sub recipient does not award the contract within 90 days of the closure of the solicitation, any
modifications or supersedes DOL makes to the wage determination contained in the solicitation shall be
effective unless the State recipient, at the request of the sub recipient, obtains an extension of the 90 day
period from DOL pursuant to 29 CFR 1.6(c)(3)(iv). The sub recipient shall monitor www.wdol.gov on a
weekly basis if it does not award the contract within 90 days of closure of the solicitation to ensure that
wage determinations contained in the solicitation remain current.
(b) If the sub recipient carries out activity subject to DB by issuing a task order, work assignment or
similar instrument to an existing contractor (ordering instrument) rather than by publishing a solicitation,
the sub recipient shall insert the appropriate DOL wage determination from www.wdol.gov into the
ordering instrument.
(c) Sub recipients shall review all subcontracts subject to DB entered into by prime contractors to verify
that the prime contractor has required its subcontractors to include the applicable wage determinations.
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EXHIBIT G – DAVIS-BACON REQUIREMENTS
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(d) As provided in 29 CFR 1.6(f), DOL may issue a revised wage determination applicable to a sub
recipient’s contract after the award of a contract or the issuance of an ordering instrument if DOL
determines that the sub recipient has failed to incorporate a wage determination or has used a wage
determination that clearly does not apply to the contract or ordering instrument. If this occurs, the sub
recipient shall either terminate the contract or ordering instrument and issue a revised solicitation or
ordering instrument or incorporate DOL’s wage determination retroactive to the beginning of the contract
or ordering instrument by change order. The sub recipient’s contractor must be compensated for any
increases in wages resulting from the use of DOL’s revised wage determination.
3. Contract and Subcontract provisions.
(a) The Recipient shall insure that the sub recipient(s) shall insert in full in any contract in excess of
$2,000 which is entered into for the actual construction, alteration and/or repair, including painting and
decorating, of a treatment work under the CWSRF or a construction project under the DWSRF - financed
in whole or in part from Federal funds or in accordance with guarantees of a Federal agency or financed
from funds obtained by pledge of any contract of a Federal agency to make a loan, grant or annual
contribution (except where a different meaning is expressly indicated), and which is subject to the labor
standards provisions of any of the acts listed in § 5.1 or the Consolidated Appropriations Act, 2016, the
following clauses:
(1) Minimum wages.
(i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally
and not less often than once a week, and without subsequent deduction or rebate on any account (except
such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the
Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash
equivalents thereof) due at time of payment computed at rates not less than those contained in the wage
determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of
any contractual relationship which may be alleged to exist between the contractor and such laborers and
mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section
1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such
laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv) of this section; also, regular
contributions made or costs incurred for more than a weekly period (but not less often than quarterly)
under plans, funds, or programs which cover the particular weekly period, are deemed to be
constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid
the appropriate wage rate and fringe benefits on the wage determination for the classification of work
actually performed, without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics
performing work in more than one classification may be compensated at the rate specified for each
classification for the time actually worked therein: Provided that the employer's payroll records accurately
set forth the time spent in each classification in which work is performed. The wage determination
(including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this
section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its
subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by
the workers. Sub recipients may obtain wage determinations from the U.S. Department of Labor’s web
site, www.dol.gov.
(ii)(A) The sub recipient(s), on behalf of EPA, shall require that any class of laborers or mechanics,
including helpers, which is not listed in the wage determination and which is to be employed under the
contract shall be classified in conformance with the wage determination. The State award official shall
approve a request for an additional classification and wage rate and fringe benefits therefore only when
the following criteria have been met:
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Agreement No.: D16-01034
Project No.: C-06-8190-110
EXHIBIT G – DAVIS-BACON REQUIREMENTS
G-3
(1) The work to be performed by the classification requested is not performed by a classification in the
wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to
the wage rates contained in the wage determination.
(B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or
their representatives, and the sub recipient(s) agree on the classification and wage rate (including the
amount designated for fringe benefits where appropriate), documentation of the action taken and the
request, including the local wage determination shall be sent by the sub recipient (s) to the State award
official. The State award official will transmit the request, to the Administrator of the Wage and Hour
Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210 and
to the EPA DB Regional Coordinator concurrently. The Administrator, or an authorized representative, will
approve, modify, or disapprove every additional classification request within 30 days of receipt and so
advise the State award official or will notify the State award official within the 30-day period that additional
time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the classification or their
representatives, and the sub recipient(s) do not agree on the proposed classification and wage rate
(including the amount designated for fringe benefits, where appropriate), the award official shall refer the
request and the local wage determination, including the views of all interested parties and the
recommendation of the State award official, to the Administrator for determination. The request shall be
sent to the EPA DB Regional Coordinator concurrently. The Administrator, or an authorized
representative, will issue a determination within 30 days of receipt of the request and so advise the
contracting officer or will notify the contracting officer within the 30-day period that additional time is
necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs
(a)(1)(ii)(B) or (C) of this section, shall be paid to all workers performing work in the classification under
this contract from the first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics
includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the
benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash
equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the contractor may
consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated
in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has
found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act
have been met. The Secretary of Labor may require the contractor to set aside in a separate account
assets for the meeting of obligations under the plan or program.
(2) Withholding. The sub recipient(s), shall upon written request of the EPA Award Official or an
authorized representative of the Department of Labor, withhold or cause to be withheld from the
contractor under this contract or any other Federal contract with the same prime contractor, or any other
federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the
same prime contractor, so much of the accrued payments or advances as may be considered necessary
to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor
or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any
laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the
work, all or part of the wages required by the contract, the (Agency) may, after written notice to the
City of Palo Alto
Agreement No.: D16-01034
Project No.: C-06-8190-110
EXHIBIT G – DAVIS-BACON REQUIREMENTS
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contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension
of any further payment, advance, or guarantee of funds until such violations have ceased.
(3) Payrolls and basic records.
(i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of
the work and preserved for a period of three years thereafter for all laborers and mechanics working at
the site of the work. Such records shall contain the name, address, and social security number of each
such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions
or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in
section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made
and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the
wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing
benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor
shall maintain records which show that the commitment to provide such benefits is enforceable, that the
plan or program is financially responsible, and that the plan or program has been communicated in writing
to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost
incurred in providing such benefits. Contractors employing apprentices or trainees under approved
programs shall maintain written evidence of the registration of apprenticeship programs and certification
of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates
prescribed in the applicable programs.
(ii)(A) The contractor shall submit weekly, for each week in which any contract work is performed, a copy
of all payrolls to the sub recipient, that is, the entity that receives the sub-grant or loan from the State
capitalization grant recipient. Such documentation shall be available on request of the State recipient or
EPA. As to each payroll copy received, the sub recipient shall provide written confirmation in a form
satisfactory to the State indicating whether or not the project is in compliance with the requirements of 29
CFR 5.5(a)(1) based on the most recent payroll copies for the specified week. The payrolls shall set out
accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i),
except that full social security numbers and home addresses shall not be included on the weekly payrolls.
Instead the payrolls shall only need to include an individually identifying number for each employee (e.g.,
the last four digits of the employee's social security number). The required weekly payroll information may
be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and
Hour Division Web site at http://www.dol.gov/whd/forms/wh347instr.htm or its successor site. The prime
contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and
subcontractors shall maintain the full social security number and current address of each covered worker,
and shall provide them upon request to the sub recipient(s) for transmission to the State or EPA if
requested by EPA, the State, the contractor, or the Wage and Hour Division of the Department of Labor
for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a
violation of this section for a prime contractor to require a subcontractor to provide addresses and social
security numbers to the prime contractor for its own records, without weekly submission to the sub
recipient(s).
(B) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the
contractor or subcontractor or his or her agent who pays or supervises the payment of the persons
employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be provided under § 5.5
(a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under § 5.5
(a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the
contract during the payroll period has been paid the full weekly wages earned, without rebate, either
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Agreement No.: D16-01034
Project No.: C-06-8190-110
EXHIBIT G – DAVIS-BACON REQUIREMENTS
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directly or indirectly, and that no deductions have been made either directly or indirectly from the full
wages earned, other than permissible deductions as set forth in
Regulations, 29 CFR part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe
benefits or cash equivalents for the classification of work performed, as specified in the applicable wage
determination incorporated into the contract.
(C) The weekly submission of a properly executed certification set forth on the reverse side of Optional
Form WH-347 shall satisfy the requirement for submission of the “Statement of Compliance” required by
paragraph (a)(3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil
or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States
Code.
(iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this
section available for inspection, copying, or transcription by authorized representatives of the State, EPA
or the Department of Labor, and shall permit such representatives to interview employees during working
hours on the job. If the contractor or subcontractor fails to submit the required records or to make them
available, the Federal agency or State may, after written notice to the contractor, sponsor, applicant, or
owner, take such action as may be necessary to cause the suspension of any further payment, advance,
or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such
records available may be grounds for debarment action pursuant to 29 CFR 5.12.
(4) Apprentices and trainees
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they
performed when they are employed pursuant to and individually registered in a bona fide apprenticeship
program registered with the U.S. Department of Labor, Employment and Training Administration, Office of
Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency
recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment
as an apprentice in such an apprenticeship program, who is not individually registered in the program, but
who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State
Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice.
The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be
greater than the ratio permitted to the contractor as to the entire work force under the registered program.
Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as
stated above, shall be paid not less than the applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any apprentice performing work on the job site in
excess of the ratio permitted under the registered program shall be paid not less than the applicable wage
rate on the wage determination for the work actually performed. Where a contractor is performing
construction on a project in a locality other than that in which its program is registered, the ratios and
wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or
subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the
rate specified in the registered program for the apprentice's level of progress, expressed as a percentage
of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid
fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship
program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed
on the wage determination for the applicable classification. If the Administrator determines that a different
practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that
determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a
State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program,
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EXHIBIT G – DAVIS-BACON REQUIREMENTS
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the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined
rate for the work performed until an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the
predetermined rate for the work performed unless they are employed pursuant to and individually
registered in a program which has received prior approval, evidenced by formal certification by the U.S.
Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on
the job site shall not be greater than permitted under the plan approved by the Employment and Training
Administration. Every trainee must be paid at not less than the rate specified in the approved program for
the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the
applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of
the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full
amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour
Division determines that there is an apprenticeship program associated with the corresponding
journeyman wage rate on the wage determination which provides for less than full fringe benefits for
apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in
a training plan approved by the Employment and Training Administration shall be paid not less than the
applicable wage rate on the wage determination for the classification of work actually performed. In
addition, any trainee performing work on the job site in excess of the ratio permitted under the registered
program shall be paid not less than the applicable wage rate on the wage determination for the work
actually performed. In the event the Employment and Training Administration withdraws approval of a
training program, the contractor will no longer be permitted to utilize trainees at less than the applicable
predetermined rate for the work performed until an acceptable program is approved.
(iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part
shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as
amended and 29 CFR part 30.
(5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29
CFR part 3, which are incorporated by reference in this contract.
(6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained
in 29 CFR 5.5(a)(1) through (10) and such other clauses as the EPA determines may by appropriate, and
also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The
prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor
with all the contract clauses in 29 CFR 5.5.
(7) Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for
termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR
5.12.
(8) Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the
Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by
reference in this contract.
(9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this
contract shall not be subject to the general disputes clause of this contract. Such disputes shall be
resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6,
and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its
subcontractors) and sub recipient(s), State, EPA, the U.S. Department of Labor, or the employees or their
representatives.
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EXHIBIT G – DAVIS-BACON REQUIREMENTS
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(10) Certification of eligibility.
(i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or
firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government
contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a
Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C.
1001.
4. Contract Provision for Contracts in Excess of $100,000.
(a) Contract Work Hours and Safety Standards Act. The sub recipient shall insert the following clauses
set forth in paragraphs (a)(1), (2), (3), and (4) of this section in full in any contract in an amount in excess
of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act.
These clauses shall be inserted in addition to the clauses required by Item 3, above or 29 CFR 4.6. As
used in this paragraph, the terms laborers and mechanics include watchmen and guards.
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work
which may require or involve the employment of laborers or mechanics shall require or permit any such
laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of
forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less
than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such
workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set
forth in paragraph (a)(1) of this section the contractor and any subcontractor responsible therefore shall
be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United
States (in the case of work done under contract for the District of Columbia or a territory, to such District
or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to
each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause
set forth in paragraph (a)(1) of this section, in the sum of $10 for each calendar day on which such
individual was required or permitted to work in excess of the standard workweek of forty hours without
payment of the overtime wages required by the clause set forth in paragraph (a)(1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The sub recipient, upon written request of the
EPA Award Official or an authorized representative of the Department of Labor, shall withhold or cause to
be withheld, from any moneys payable on account of work performed by the contractor or subcontractor
under any such contract or any other Federal contract with the same prime contractor, or any other
federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by
the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of
such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set
forth in paragraph (b)(2) of this section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in
paragraph (a)(1) through (4) of this section and also a clause requiring the subcontractors to include
these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by
any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (a)(1) through (4) of
this section. (b) In addition to the clauses contained in Item 3, above, in any contract subject only to the
Contract Work Hours and Safety Standards Act and not to any of the other statutes cited in 29 CFR 5.1,
the Sub recipient shall insert a clause requiring that the contractor or subcontractor shall maintain payrolls
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and basic payroll records during the course of the work and shall preserve them for a period of three
years from the completion of the contract for all laborers and mechanics, including guards and watchmen,
working on the contract. Such records shall contain the name and address of each such employee, social
security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours
worked, deductions made, and actual wages paid. Further, the Sub recipient shall insert in any such
contract a clause providing that the records to be maintained under this paragraph shall be made
available by the contractor or subcontractor for inspection, copying, or transcription by authorized
representatives of the USEPA and the Department of Labor and the State Water Board, and the
contractor or subcontractor will permit such representatives to interview employees during working hours
on the job.
5. Compliance Verification
(a) The sub recipient shall periodically interview a sufficient number of employees entitled to DB
prevailing wages (covered employees) to verify that contractors or subcontractors are paying the
appropriate wage rates. As provided in 29 CFR 5.6(a)(6), all interviews must be conducted in confidence.
The sub recipient must use Standard Form 1445 (SF 1445) or equivalent documentation to memorialize
the interviews. Copies of the SF 1445 are available from EPA on request.
(b) The sub recipient shall establish and follow an interview schedule based on its assessment of the
risks of noncompliance with DB posed by contractors or subcontractors and the duration of the contract or
subcontract. Sub recipients must conduct more frequent interviews if the initial interviews or other
information indicated that there is a risk that the contractor or subcontractor is not complying with DB.
Sub recipients shall immediately conduct interviews in response to an alleged violation of the prevailing
wage requirements. All interviews shall be conducted in confidence."
(c) The sub recipient shall periodically conduct spot checks of a representative sample of weekly payroll
data to verify that contractors or subcontractors are paying the appropriate wage rates. The sub recipient
shall establish and follow a spot check schedule based on its assessment of the risks of noncompliance
with DB posed by contractors or subcontractors and the duration of the contract or subcontract. At a
minimum, if practicable, the sub recipient should spot check payroll data within two weeks of each
contractor or subcontractor’s submission of its initial payroll data and two weeks prior to the completion
date the contract or subcontract. Sub recipients must conduct more frequent spot checks if the initial spot
check or other information indicates that there is a risk that the contractor or subcontractor is not
complying with DB. In addition, during the examinations the sub recipient shall verify evidence of fringe
benefit plans and payments there under by contractors and subcontractors who claim credit for fringe
benefit contributions.
(d) The sub recipient shall periodically review contractors’ and subcontractors’ use of apprentices and
trainees to verify registration and certification with respect to apprenticeship and training programs
approved by either the U.S Department of Labor or a state, as appropriate, and that contractors and
subcontractors are not using disproportionate numbers of, laborers, trainees and apprentices. These
reviews shall be conducted in accordance with the schedules for spot checks and interviews described in
Item 5(b) and (c) above.
(e) Sub recipients must immediately report potential violations of the DB prevailing wage requirements to
the EPA DB contact listed above and to the appropriate DOL Wage and Hour District Office listed at
http://www.dol.gov/whd/america2.htm.
City of Palo Alto
Agreement No.: D16-01034
Project No.: C-06-8190-110
EXHIBIT H – COMPLIANCE WITH CROSS-CUTTING STATE AUTHORITIES
H-1
1. EMERGENCY DROUGHT REGULATIONS
The Recipient certifies that it complies with and shall continue to comply with the State Water Board’s
Drought Emergency Water Conservation regulations in Article 22.5 of Chapter 2 of Division 3 of Title 23
of the California Code of Regulations. The Recipient will include a discussion of its implementation in
reports submitted pursuant to Section 2.15 of this Agreement.
2. CALIFORNIA DEBT INVESTMENT ADVISORY COMMISSION (CDIAC)
Where Recipient is a public entity, Recipient acknowledges its responsibility to file debt obligations with
the CDIAC. Recipient understands that CDIAC has waived filing fees for State Water Board SRF debt.
3. COMPLIANCE WITH STATE REQUIREMENTS
Recipient represents that is in in compliance with the following conditions precedent and agrees that it will
continue to maintain compliance during the term of this Agreement:
(a) Monthly Water Diversion Reporting
If Recipient is a water diverter, Recipient must maintain compliance with Water Code section
5103, subdivision (e)(2)(A) by submitting monthly diversion reports to the Division of Water Rights
of the State Water Resources Control Board.
(b) Public Works Contractor Registration with Department Of Industrial Relations
To bid for public works contracts, Recipient and Recipient’s subcontractors must register with the
Department of Industrial Relations as required by Labor Code sections 1725.5 and 1771.1.
(c) Volumetric Pricing & Water Meters
If Recipient is an “urban water supplier” as defined by Water Code section 10617, Recipient must
charge each customer for actual water volume measured by water meter according to the
requirements of Water Code sections 526 and 527. Section 527 further requires that such
suppliers not subject to section 526 install water meters on all municipal and industrial service
connections within their service area by 2025.
(d) Urban Water Management Plan
If Recipient is an “urban water supplier” as defined by Water Code section 10617, the Recipient
certifies that this Project complies with the Urban Water Management Planning Act (Water Code,
§ 10610 et seq.). This shall constitute a condition precedent to this Agreement.
(e) Urban Water Demand Management
If Recipient is an “urban water supplier” as defined by Water Code section 10617, Recipient must
comply with water conservation measures established by SBx7-7. (Water Code, Sec. 10608.56.)
(f) Delta Plan Consistency Findings
If Recipient is a state or local public agency and the proposed action is covered by the Delta Plan,
Recipient must submit certification of project consistency with the Delta Plan to the Delta
City of Palo Alto
Agreement No.: D16-01034
Project No.: C-06-8190-110
EXHIBIT H – COMPLIANCE WITH CROSS-CUTTING STATE AUTHORITIES
H-2
Stewardship Council according to the requirements of Water Code section 85225 and California
Code of Regulations, title 23, section 5002.
(g) Agricultural Water Management Plan Consistency
If Recipient is an agricultural water supplier as defined by Water Code section 10608.12,
Recipient must comply with Agricultural Water Management Planning requirements as mandated
by Water Code section 10852.
(h) Charter City Project Labor Requirements
If Recipient is a charter city as defined in Labor Code section 1782, subdivision (d)(2), Recipient
will comply with the requirements of Labor Code section 1782 and Public Contract Code section
2503 as discussed in the following subparts (1) and (2).
(1) Prevailing Wage
Recipient certifies that it is eligible for state funding assistance notwithstanding Labor
Code section 1782.
Specifically Recipient certifies that no charter provision nor ordinance authorizes a
construction project contractor not to comply with Labor Code’s prevailing wage rate
requirements, nor, within the prior two years (starting from January 1, 2015 or after) has
the city awarded a public works contract without requiring the contractor to comply with
such wage rate requirements according to Labor Code section 1782.
(2) Labor Agreements
Recipient certifies that no charter provision, initiative, or ordinance limits or constrains the
city’s authority or discretion to adopt, require, or utilize project labor agreements that
include all the taxpayer protection antidiscrimination provisions of Public Contract Code
section 2500 in construction projects, and that Recipient is accordingly eligible for state
funding or financial assistance pursuant to Public Contract Code section 2503.
CITY OF PALO ALTO
AND
CALIFORNIA STATE WATER RESOURCES CONTROL BOARD
PROJECT FINANCE AGREEMENT - STATE REVOLVING FUND PROJECT NO. C-06-4132-110
AGREEMENT NO. 07-814-550
AMENDMENT NO. 1
AMOUNT: $9,000,000
TERM DATES: MARCH 20, 2007 – JUNE 30, 2029
The parties mutually agree to this amendment as follows. All actions noted below are by this reference
made a part of the Agreement, originally executed on October 12, 2007 and incorporated herein:
Changes made in this amendment are shown as follows in the attached Exhibits:
Exhibit A – Scope of Work - Section 3. Definitions (3 pages attached)*
Exhibit B – Budget Detail and Payment Provisions (1 page attached)*
Exhibit D- Special Conditions (1 page attached)*
Exhibit J – Schedule of System Obligations (1 page attached)*
*Text additions are displayed in bold and underline. Except as otherwise noted, text deletions are
displayed as strike through text (i.e., strike out)
** Entire Exhibit replaced
*** Updated Pages
All other terms and conditions shall remain the same.
CITY OF PALO ALTO:
By: ___________________________________
Name: James Allen
Title: Regional Water Quality Control Plant Manager
Date: __________________________________
STATE WATER RESOURCES CONTROL BOARD
By: __________________________________
Name: Leslie Laudon
Title: Deputy Director
Division of Financial Assistance
Date: _________________________________
SR 7871 ATTACHMENT D
EXHIBIT B
City of Palo Alto
Agreement No.: 07-814-550-0
ISA No.: C-06-4132-110
Amendment No. 1
EXHIBIT A- SCOPE OF WORK
baseOCC20X09 3
SECTION 3. DEFINITIONS.
"Additional Payments" means the Additional Payments described in Exhibit B Section 2.3(C) of this
Agreement.
"Allowance" means an amount based on a percentage of the accepted bid for an eligible project to help
defray the planning, design, and construction engineering and administration costs of the Project.
"Authorized Representative" means the Mayor of a City, the Chairperson of the County Board of
Supervisors, the Chairperson of the Board of Directors of the Agency, or another duly appointed
representative. For all authorized representatives, a certified original copy of the authorizing resolution
that designates the authorized representative, by title, must accompany any contract, the first payment
request, and any other documents or requests required or allowed under this Agreement.
"Bank" means the California Infrastructure and Economic Development Bank.
"Bonds" means any series of bonds issued by the Bank all or a portion of the proceeds of which may be
applied to fund the Project in whole or in part or that are secured in whole or in part by Installment
Payments paid hereunder.
"Code" means the Internal Revenue Code of 1986, as amended, and any successor provisions and the
regulations of the U.S. Department of the Treasury promulgated thereunder.
"Completion of Construction" means the date, as determined by the Division after consultation with the
Agency, that the work of building and erection of the Project is substantially complete.
“CWSRF” means Clean Water State Revolving Fund.
"Division" means the Division of Financial Assistance of the SWRCB, or any other segment of the
SWRCB authorized to administer the CWSRF.
“Enterprise Fund” means the enterprise fund of the Recipient in which Revenues of its Wastewater
Treatment enterprise and Wastewater Collection enterprise are deposited.
"Fiscal Year" means the period of twelve (12) months terminating on June 30 of any year, or any other
annual period hereafter selected and designated by the Agency as its Fiscal Year in accordance with
applicable law.
"Force Account" means the use of the Agency's own employees or equipment for construction of the
Project.
"Initiation of Construction" means the date that notice to proceed with work is issued for the Project, or, if
notice to proceed is not required, the date of commencement of building and erection of the Project.
"Installment Payments" means Installment Payments due and payable by the Agency to the Board under
this Agreement to repay the Project Costs, the amounts of which are set forth as Exhibit I hereto.
"Net Revenues" means, for any Fiscal Year, so long as there may be outstanding System Obligations, as
such term is defined under the authorizing instruments for such System Obligations, and thereafter all
Revenues received by the Agency less the Operations and Maintenance Costs for such Fiscal Year with
respect to the Wastewater Treatment enterprise and Wastewater Collection enterprise, for any
period of computation, the amount of the Revenues received from the Wastewater Treatment
City of Palo Alto
Agreement No.: 07-814-550-0
ISA No.: C-06-4132-110
Amendment No. 1
EXHIBIT A- SCOPE OF WORK
baseOCC20X09 3
enterprise and Wastewater Collection enterprise during such period, less the amount of Operation
and Maintenance Costs of the Wastewater Treatment enterprise and Wastewater Collection
enterprise becoming payable during such period.
"Obligation" means the obligation owed by the Agency to make Installment Payments and Additional
Payments as provided herein, as evidenced by the execution of this Agreement, to be used to fund the
Project as specified in the Project Description attached hereto as Exhibits F and G.
"Operations and Maintenance Costs" means the reasonable and necessary costs spent or incurred
by the City for maintaining and operating the Wastewater Treatment enterprise and Wastewater
Collection enterprise, calculated in accordance with sound accounting principles, including the
cost of supply of water, gas and electric energy under contracts or otherwise, the funding of
reasonable reserves, and all reasonable and necessary expenses of management and repair and
other expenses to maintain and preserve the Wastewater Treatment enterprise and Wastewater
Collection enterprise in good repair and working order, and including all reasonable and
necessary administrative costs of the City attributable to the Wastewater Treatment enterprise
and Wastewater Collection enterprise and to any financing instruments incurred to finance
improvements to the Wastewater Treatment enterprise and Wastewater Collection enterprise,
such as salaries and wages and the necessary contribution to retirement of employees, overhead,
insurance, taxes (if any), expenses, compensation and indemnification of any bond trustee, and
fees of auditors, accountants, attorneys or engineers, and including all other reasonable and
necessary costs of the City or charges required to be paid by it to comply with the terms of any
financing instrument related to the Wastewater Treatment enterprise and Wastewater Collection
enterprise, but excluding depreciation, replacement and obsolescence charges or reserves
therefor and amortization of intangibles or other bookkeeping entries of a similar nature.
, so long as outstanding System Obligations are outstanding, the definition of such term as defined
therein, and thereafter, the reasonable and necessary costs paid or incurred by the Agency for
maintaining and operating the System, determined in accordance with generally accepted accounting
principles, including all reasonable expenses of management and repair and all other expenses
necessary to maintain and preserve the System in good repair and working order, and including all
reasonable and necessary administrative costs of the Agency that are charged directly or apportioned to
the operation of the System, such as salaries and wages of employees, overhead, taxes (if any), the cost
of permits, licenses and charges to operate the System and insurance premiums; but excluding, in all
cases depreciation, replacement and obsolescence charges or reserves therefor and amortization of
intangibles
"Pledged Revenues" means and include user fees and charges or other sources of income which are
consistent with federal requirements.
"Policy" means the Board's "Policy for Implementing the State Revolving Fund for Construction of
Wastewater Treatment Facilities," adopted on February 16, 1995, as amended.
“Project” means the Project as described in Exhibit A, Section 1 and Exhibits F and G.
"Project Completion" means the date, as determined by the Division after consultation with the Agency,
that operation of the Project is initiated or is capable of being initiated, whichever comes first. This date
shall be synonymous with the date specified in the “Initiation of Operation” form submitted as part of the
ATA package.
"Project Costs" means the incurred costs of the Agency which are eligible for financial assistance from the
CWSRF under the Statute, which are allowable costs as defined under the Policy and which are
City of Palo Alto
Agreement No.: 07-814-550-0
ISA No.: C-06-4132-110
Amendment No. 1
EXHIBIT A- SCOPE OF WORK
baseOCC20X09 4
reasonable, necessary and allocable by the Agency to the Project under generally accepted accounting
principles plus capitalized interest.
"Project Funds" mean the proceeds provided to the Agency by the SWRCB from the CWSRF for the
purposes set forth in this Agreement.
"Revenue Program" means a system of charges, fees, or other means of income production adopted by
the Agency which provides for recovery of appropriate capital costs of the Project, generates adequate
income to reasonably assure repayment of the Obligation under this Agreement, generates adequate
income to provide for reasonable operation and maintenance of the Project, and provides adequate
income for reasonable future expansion and improvement of the Project.
"Revenues" means, for each Fiscal Year, all gross income and revenue received or receivable by the
Agency from the ownership or operation of the System, determined in accordance with generally
accepted accounting principles, including all rates, fees and charges (including connection fees and
charges) as received by the Agency for the services of the System, and all other income and revenue
howsoever derived by the Agency from the ownership or operation of the System or arising from the
System, and also including all income from the deposit or investment of any money in the Enterprise
Fund or any rate stabilization fund, and any refundable deposits made to establish credit, and advances
or contributions in aid of construction for any period of computation, all gross charges (including
fees, tolls, assessments, rates and rentals prescribed under applicable law by the City Council for
the services and facilities of the Wastewater Treatment enterprise and Wastewater Collection
enterprise, which shall be referred to in this Agreement as “Charges”) received for, and all other
gross income and revenues derived by the City from, the ownership or operation of the
Wastewater Treatment enterprise and Wastewater Collection enterprise or otherwise arising from
the Wastewater Treatment enterprise and Wastewater Collection enterprise during such period,
including but not limited to (a) all Charges received by the City for use of the Wastewater
Treatment enterprise and Wastewater Collection enterprise, (b) all receipts derived from the
investment of funds, (c) transfers from (but exclusive of any transfers to) any stabilization reserve
funds, and (d) all moneys received by the City from other public entities whose inhabitants or
customers are served pursuant to contracts with the City.
“State” means State of California.
"System" means all wastewater collection, transport, treatment, storage and disposal facilities, including
land and easements thereof, owned by the Agency, including the Project, and all other properties,
structures or works hereafter acquired and constructed by the Agency and determined to be a part of the
System, together with all additions, betterments, extensions or improvements to such facilities, properties,
structures or works or any part thereof hereafter acquired and constructed.
"System Obligations" means all senior, parity and subordinate obligations of the Agency payable from
Revenues as identified as of the date of this Agreement in Exhibit J and such additional obligations as
may hereafter be issued in accordance with the provisions of such obligations.
“Wastewater Treatment enterprise” and “Wastewater Collection enterprise” mean, collectively, the
System enterprises.
City of Palo Alto
Agreement No.: 07-814-550-0
ISA No.: C-06-4132-110
Amendment No. 1
EXHIBIT B – BUDGET DETAIL AND PAYMENT PROVISIONS
baseOCC20X09 5
SECTION 4. PLEDGE AND LIEN OF NET REVENUES; RATES, FEES AND CHARGES;
ADDITIONAL PAYMENTS.
Section 4.1. Establishment of Enterprise Fund. In order to carry out its obligation to pay the
Installment Payments, Additional Payments and System Obligations, the Agency agrees
and covenants that it shall establish and maintain the Enterprise Fund. All Revenues
received shall be deposited when and as received in trust in the Enterprise Fund.
Section 4.2. Pledge of Net Revenues. The Net Revenues are hereby pledged and a security interest
granted therein in order to secure the payment of Installment Payments and Additional
Payments. The Net Revenues in the Enterprise Fund shall be subject to the lien of such
pledge without any physical delivery thereof or further act, and the lien of such pledge
shall be valid and binding as against all parties having claims of any kind in tort, contract
or otherwise against the Agency.
Section 4.3. Application and Purpose of the Enterprise Fund. Subject to the provisions of any
outstanding System Obligations, money on deposit in the Enterprise Fund shall be
applied and used first, to pay Operations and Maintenance Costs, and thereafter, all
amounts due on Installment Payments, Additional Payments and System Obligations
due. After making all payments hereinabove required to be made in each Fiscal Year,
the Agency may expend in such Fiscal Year any remaining money in the Enterprise Fund
for any lawful purpose of the Agency, including payment of Subordinate Debt.
Section 4.4. Rates, Fees and Charges. The Agency agrees, to the extent permitted by law, to fix,
prescribe and collect rates, fees and charges for the System during each Fiscal Year
which are reasonable, fair and nondiscriminatory and which will be at least sufficient to
yield during each Fiscal Year, Net Revenues equal to the Installment Payments,
Additional Payment and debt service on System Obligations for such Fiscal Year. The
Agency may make adjustments from time to time in such fees and charges and may
make such classification thereof as it deems necessary, but shall not reduce the rates,
fees and charges then in effect unless the Net Revenues from such reduced rates, fees
and charges will at all times be sufficient to meet the requirements of this section
Section 4.5. Future Local Debt. All future debt secured by the pledged revenue source shall be on
parity with, or subordinate to, the Obligation.
Additional Debt Test.
(1) Additional Senior Debt. The Recipient’s future debt that is secured by Net
Revenues may not be senior to this Obligation, except where the new senior
obligation refunds or refinances an existing senior obligation, the new senior
obligation has the same or earlier repayment term as the refunded senior debt, and
the new senior debt service is the same or lower than the existing debt service in
each year, thereby not diminishing the applicant’s ability to repay its SRF
obligations.
(2) Additional Parity Debt. Future debt that is secured by Net Revenues may be on
parity with this Obligation if the Recipient is then in compliance with the reserve,
coverage and additional debt test requirements in Exhibit D to this Agreement.
City of Palo Alto
Agreement No.: 07-814-550-0
ISA No.: C-06-4132-110
Amendment No. 1
EXHIBIT D – SPECIAL CONDITIONS
baseOCC20X09 D-1
Financial Special Conditions as follows:
1. Recipient shall establish and maintain rates and charges sufficient to generate Revenues
in the amounts necessary to cover Maintenance and Operations Costs and shall ensure
that Net Revenues are equal to at least 1.25 times the maximum annual debt service during
the term of this Agreement. Issuance of additional parity debt requires Recipient’s Net
Revenues, excluding any transfers from rate stabilization funds, to then be a minimum of
1.25 times the maximum annual debt service for existing and proposed additional debt.
2. In the event of any conflict between the original Agreement and the Agreement as
amended by Amendment No. 1 the terms of the Agreement as amended shall govern.
Otherwise, the original Agreement shall remain in full force and effect. This agreement is
governed by and shall be interpreted in accordance with the laws of the State of California.
Legal Special Condition as follows:
1. As a condition precedent to this amended Agreement, the Recipient shall adopt a
resolution to the Division’s satisfaction that authorizes the Recipient’s representative to
sign the amended Agreement on behalf of the Recipient. The Recipient shall submit such
resolution to the Division prior to execution of this amended Agreement.
City of Palo Alto
Agreement No.: 07-814-550-0
ISA No.: C-06-4132-110
Amendment No. 1
EXHIBIT J — SCHEDULE OF SYSTEM OBLIGATIONS
J-1
Except for the following and the Obligation evidenced by this Agreement, the Recipient certifies that it has
no outstanding System Obligations:
The following outstanding debt is senior to this Obligation:
Title Debt Service
Coverage
Requirement
Interest
Rate
Par Total Amount Amount
Remaining
End Date
1999 Utility and
Refunding Bonds
1.25 $17,735,000 June 1, 2024
1995 Utility
Revenue Bond
1.25 $8,640,000 $5,650,000 June 1, 2020
The following outstanding debt is parity to this Obligation:
Title Debt Service
Coverage
Requirement
Interest
Rate
Par Total Amount Amount
Remaining
End Date
N/A
2009 SRF Loan
Project No. 5044-
110, Agreement No.
09-814-550
1.25 $8,500,000 November 30,
2030
2017 SRF Loan
Project No. 8190-
110, Agreement No.
D16-01034
1.25 $30,000,000 March 30, 2049
* Local Match Financing
The following outstanding debt is subordinate to this Obligation:
Title Debt Service
Coverage
Requirement
Interest
Rate
Par Total Amount Amount
Remaining
End Date
N/A
CITY OF PALO ALTO
AND
CALIFORNIA STATE WATER RESOURCES CONTROL BOARD
PROJECT FINANCE AGREEMENT
STATE REVOLVING FUND PROJECT NO. C-06-5044-110
AGREEMENT NO. 09-814-550
AMENDMENT NO. 1
AMOUNT: $8,500,000
TERM DATES: JANUARY 7, 2009 – NOVEMBER 30, 2030
The parties mutually agree to this amendment as follows. All actions noted below are by this reference
made a part of the Agreement, originally executed on October 27, 2009 and incorporated herein:
Changes made in this Amendment are shown as follows in the attached Exhibits:
Article I – Definitions (4 pages attached)*
Article III – Financing Provisions (6 pages attached)*
Exhibit D – Special Conditions (1 page attached)*
Exhibit F – Schedule of System Obligations (1 page attached)*
*Text additions are displayed in bold and underline. Except as otherwise noted, text deletions are
displayed as strike through text (i.e., strike out)
** Entire Exhibit replaced
*** Updated Pages
All other terms and conditions shall remain the same.
CITY OF PALO ALTO:
By: ___________________________________
Name: James Allen
Title: Regional Water Quality Control Plant Manager
Date: __________________________________
STATE WATER RESOURCES CONTROL BOARD:
By: __________________________________
Name: Leslie Laudon
Title: Deputy Director
Division of Financial Assistance
Date: _________________________________
SR 7871 ATTACHMENT DEXHIBIT C
City of Palo Alto
Agreement No.: 09-814-550
Project No.: C-06-5044-110
Amendment No. 1
ARTICLE I DEFINITIONS
baseOCC20X09 2
1.1 Definitions.
Unless otherwise specified, each capitalized term used in this Agreement (including the Exhibits hereto)
has the following meaning:
"Additional Payments" means the Additional Payments described in Section 3.2(c) of this
Agreement.
"Agreement" means the Project Finance Agreement, dated as of the date set forth on the first page
hereof, by and between the State Water Board and the Recipient, including all exhibits and attachments
thereto.
"Allowance" means an amount based on a percentage of the accepted bid for an eligible project to
help defray the planning, design, and construction engineering and administration costs of the
Project.
"Authorized Representative" means the Mayor of a City, the Chairperson of the County Board of
Supervisors, the Chairperson of the Board of Directors of the Recipient, or another duly appointed
representative. For all authorized representatives, a certified original of the authorizing resolution
that designates the authorized representative, by title, must accompany the first payment request,
and any other documents or requests required or allowed under this Agreement.
"Bank" means the California Infrastructure and Economic Development Bank.
"Bonds" means any series of bonds issued by the Bank all or a portion of the proceeds of which may
be applied to fund the Project in whole or in part or that are secured in whole or in part by Installment
Payments paid hereunder.
"Code" means the Internal Revenue Code of 1986, as amended, and any successor provisions and
the regulations of the U.S. Department of the Treasury promulgated thereunder.
"Completion of Construction" means the date, as determined by the Division after consultation with
the Recipient, that the work of building and erection of the Project is substantially complete.
“Construction” includes, for the purposes of expanded use projects, implementation (but not planning
or design).
“CWSRF” means Clean Water State Revolving Fund.
"Division" means the Division of Financial Assistance of the State Water Board, or any other
segment of the State Water Board authorized to administer the CWSRF.
“Enterprise Fund” means the enterprise fund of the Recipient in which System Revenues are deposited
Revenues of its Wastewater Treatment enterprise and Wastewater Collection enterprise are
deposited.
"Fiscal Year" means the period of twelve (12) months terminating on June 30 of any year, or any
other annual period hereafter selected and designated by the Recipient as its Fiscal Year in
accordance with applicable law.
"Force Account" means the use of the Recipient's own employees or equipment for construction of
the Project.
City of Palo Alto
Agreement No.: 09-814-550
Project No.: C-06-5044-110
Amendment No. 1
ARTICLE I DEFINITIONS
baseOCC20X09 3
"Initiation of Construction" means the date that notice to proceed with work is issued for the Project,
or, if notice to proceed is not required, the date of commencement of building and erection of the
Project, or, for expanded use projects, any implementation other than planning or design.
"Installment Payments" means Installment Payments due and payable by the Recipient to the State
Water Board under this Agreement to repay the Project Costs, the amounts of which are set forth as
Exhibit C hereto.
"Net Revenues" means, for any Fiscal Year, so long as there may be outstanding System
Obligations other than the Obligation, as such term is defined under the authorizing instruments for
such System Obligations, and thereafter all Revenues received by the Recipient less the Operations
and Maintenance Costs for such Fiscal Year with respect to the Wastewater Treatment
enterprise and Wastewater Collection enterprise, for any period of computation, the amount
of the Revenues received from the Wastewater Treatment enterprise and Wastewater
Collection enterprise during such period, less the amount of Operation and Maintenance
Costs of the Wastewater Treatment enterprise and Wastewater Collection enterprise
becoming payable during such period.
"Obligation" means the obligation of the Recipient to make Installment Payments and Additional
Payments as provided herein, as evidenced by the execution of this Agreement, proceeds of such
obligations being used to fund the Project as specified in the Project Description attached hereto as
Exhibit A and in the documents thereby incorporated by reference.
"Operations and Maintenance Costs" means the reasonable and necessary costs spent or
incurred by the City for maintaining and operating the Wastewater Treatment enterprise and
Wastewater Collection enterprise, calculated in accordance with sound accounting
principles, including the cost of supply of water, gas and electric energy under contracts or
otherwise, the funding of reasonable reserves, and all reasonable and necessary expenses of
management and repair and other expenses to maintain and preserve the Wastewater
Treatment enterprise and Wastewater Collection enterprise in good repair and working order,
and including all reasonable and necessary administrative costs of the City attributable to the
Wastewater Treatment enterprise and Wastewater Collection enterprise and to any financing
instruments incurred to finance improvements to the Wastewater Treatment enterprise and
Wastewater Collection enterprise, such as salaries and wages and the necessary
contribution to retirement of employees, overhead, insurance, taxes (if any), expenses,
compensation and indemnification of any bond trustee, and fees of auditors, accountants,
attorneys or engineers, and including all other reasonable and necessary costs of the City or
charges required to be paid by it to comply with the terms of any financing instrument related
to the Wastewater Treatment enterprise and Wastewater Collection enterprise, but excluding
depreciation, replacement and obsolescence charges or reserves therefor and amortization
of intangibles or other bookkeeping entries of a similar nature. , so long as outstanding System
Obligations other than the Obligation are outstanding, the definition of such term as defined therein,
and thereafter, the reasonable and necessary costs paid or incurred by the Recipient for maintaining
and operating the System, determined in accordance with generally accepted accounting principles,
including all reasonable expenses of management and repair and all other expenses necessary to
maintain and preserve the System in good repair and working order, and including all reasonable
and necessary administrative costs of the Recipient that are charged directly or apportioned to the
operation of the System, such as salaries and wages of employees, overhead, taxes (if any), the
cost of permits, licenses and charges to operate the System and insurance premiums; but excluding,
in all cases depreciation, replacement and obsolescence charges or reserves therefor and
amortization of intangibles
City of Palo Alto
Agreement No.: 09-814-550
Project No.: C-06-5044-110
Amendment No. 1
ARTICLE I DEFINITIONS
baseOCC20X09 4
"Policy" means the State Water Board's "Policy for Implementing the State Revolving Fund for
Construction of Wastewater Treatment Facilities," as most recently amended, the State Water
Board’s “Strategy for Implementing State Revolving Fund for Expanded Use Projects”, as
appropriate, and Board Resolution 2009-0027.
“Project” means the Project as described in Exhibit A and in the documents thereby incorporated by
reference.
"Project Completion" for the purposes of a wastewater or water recycling project, means the date, as
determined by the Division after consultation with the Recipient, that operation of the Project is
initiated or is capable of being initiated, whichever comes first. For the purposes of all other projects,
“Project Completion” means the date that all tasks in Exhibit A are completed to the reasonable
satisfaction of the Division. This date shall be synonymous with the date specified in the “Initiation of
Operation” form submitted as part of the Approval of Award package, if any.
"Project Costs" means the incurred costs of the Recipient which are eligible for financial assistance
from the CWSRF under the federal Clean Water Act, which are allowable costs as defined under the
Policy and which are reasonable, necessary and allocable by the Recipient to the Project under
generally accepted accounting principles, plus capitalized interest. For the purposes of all other
projects, "Project Costs" means those costs incurred by the Recipient for the planning, design, and
implementation of the project as set forth in Exhibit A; this includes any monitoring, reporting,
education and outreach, or direct administrative costs associated with these tasks and deemed
necessary by the Division.
“Project Funds” means funds disbursed by the State Water Board to the Recipient for purposes of
this Agreement.
“Recipient” means the recipient of Project Funds, as identified on the front page of this Agreement.
"Revenues" means, for each Fiscal Year, all gross income and revenue received or receivable by
the Recipient from the ownership or operation of the System, determined in accordance with
generally accepted accounting principles, including all rates, fees and charges (including connection
fees and charges) as received by the Recipient for the services of the System, and all other income
and revenue howsoever derived by the Recipient from the ownership or operation of the System or
arising from the System, including all income from the deposit or investment of any money in the
Enterprise Fund or any rate stabilization fund of the Recipient or held on the Recipient’s behalf, and
any refundable deposits made to establish credit, and advances or contributions in aid of
construction for any period of computation, all gross charges (including fees, tolls,
assessments, rates and rentals prescribed under applicable law by the City Council for the
services and facilities of the Wastewater Treatment enterprise and Wastewater Collection
enterprise, which shall be referred to in this Agreement as “Charges”) received for, and all
other gross income and revenues derived by the City from, the ownership or operation of the
Wastewater Treatment enterprise and Wastewater Collection enterprise or otherwise arising
from the Wastewater Treatment enterprise and Wastewater Collection enterprise during such
period, including but not limited to (a) all Charges received by the City for use of the
City of Palo Alto
Agreement No.: 09-814-550
Project No.: C-06-5044-110
Amendment No. 1
ARTICLE I DEFINITIONS
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Wastewater Treatment enterprise and Wastewater Collection enterprise, (b) all receipts
derived from the investment of funds, (c) transfers from (but exclusive of any transfers to)
any stabilization reserve funds, and (d) all moneys received by the City from other public
entities whose inhabitants or customers are served pursuant to contracts with the City.
“State” means State of California.
“State Water Board” means the State Water Resources Control Board, an administrative and
regulatory agency of the State of California.
"System" means for the purposes of a wastewater project, all wastewater collection, transport,
treatment, storage and disposal facilities, including land and easements thereof, owned by the
Recipient, including the Project, and all other properties, structures or works hereafter acquired and
constructed by the Recipient and determined to be a part of the System, together with all additions,
betterments, extensions or improvements to such facilities, properties, structures or works or any
part thereof hereafter acquired and constructed. For the purposes of a water recycling project,
“System” means all wastewater, water recycling, and/or potable water collection, transport,
treatment, storage and/or disposal facilities, including land and easements thereof, owned by the
Recipient, including the Project, and all other properties, structures or works hereafter acquired and
constructed by the Recipient and determined to be a part of the System, together with all additions,
betterments, extensions or improvements to such facilities, properties, structures or works or any
part thereof hereafter acquired and constructed. For the purposes of all other projects, “System”
means all nonpoint source control or estuary enhancement facilities, including land and easements
thereof, owned by the Recipient, including the Project, and all other properties, structures or works
hereafter acquired and constructed by the Recipient and determined to be a part of the System,
together with all additions, betterments, extensions or improvements to such facilities, properties,
structures or works or any part thereof hereafter acquired and constructed.
"System Obligations" means all senior, parity and subordinate obligations of the Recipient payable
from Revenues as identified as of the date of this Agreement in Exhibit F and such additional
obligations as may hereafter be issued in accordance with the provisions of such obligations.
“Wastewater Treatment enterprise” and “Wastewater Collection enterprise” mean,
collectively, the System enterprises.
1.2 Exhibits and Appendices Incorporated.
All exhibits and appendices to this Agreement, including any amendments and supplements hereto, are
hereby incorporated herein and made a part of this Agreement
City of Palo Alto
Agreement No.: 09-814-550
Project No.: C-06-5044-110
Amendment No. 1
ARTICLE III FINANCING PROVISIONS
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3.1 Purchase and Sale of Project.
The Recipient hereby sells to the State Water Board and the State Water Board hereby purchases
from the Recipient the Project. Simultaneously therewith, the Recipient hereby purchases from the
State Water Board, and the State Water Board hereby sells to the Recipient, the Project in
accordance with the provisions of this Agreement. All right, title and interest in the Project shall
immediately vest in the Recipient on the date of execution and delivery of this Agreement without
further action on the part of the Recipient or the State Water Board.
3.2 Amounts Payable by the Recipient.
(a) Installment Payments. Repayment of the Project Funds, together with all interest accruing
thereon, shall be repaid in annual installments commencing on the date that is one (1) year after
Completion of Construction, and shall be fully amortized by the date specified in Exhibit B.
The repayment amount is based on a standard fully amortized assistance amount with equal
annual repayments. The remaining balance is the previous balance, plus the disbursements,
plus the accrued interest on both, less the repayment. Repayment calculations will be made
beginning one (1) year after Completion of Construction and shall be fully amortized not later
than the date specified in Exhibit B. Exhibit C is a CWSRF Payment Schedule based on the
provisions of this article and an estimated disbursement schedule. The actual repayments will be
based on actual disbursements.
Upon Completion of Construction and submission of necessary reports, the Division will prepare
an appropriate CWSRF Payment Schedule and supply the same to the Recipient. The CWSRF
Payment Schedule may be amended as necessary to accurately reflect amounts due under this
Agreement. Any amended CWSRF Payment Schedule which is necessary will be prepared by
the Division and furnished to the Recipient.
The Recipient agrees to make each installment payment on or before the due date therefor. A
ten (10) day grace period will be allowed, after which time a penalty in the amount of costs
incurred to the State Water Board will be assessed for late payment. These costs may include,
but are not limited to, lost interest earnings, staff time, bond debt service default penalties, if any,
and other costs incurred. Penalties assessed will not change the principal balance of the
financing Agreement. Such penalties will be treated as a separate receivable in addition to the
annual payment due. For purposes of penalty assessment, repayment will be deemed to have
been made if repayment is deposited in the U.S. Mail within the grace period with postage
prepaid and properly addressed. Any penalties assessed will not be added to the assistance
amount balance, but will be treated as a separate account and obligation of the Recipient. The
interest penalty will be assessed from the repayment due date.
City of Palo Alto
Agreement No.: 09-814-550
Project No.: C-06-5044-110
Amendment No. 1
ARTICLE III FINANCING PROVISIONS
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The Recipient as a whole is obligated to make all payments required by this Agreement to the
State Water Board, notwithstanding any individual default by its constituents or others in the
payment to the Recipient of fees, charges, taxes, assessments, tolls or other charges
("Charges") levied or imposed by the Recipient. The Recipient shall provide for the punctual
payment to the State Water Board of all amounts which become due under this Agreement and
which are received from constituents or others in the payment to the Recipient. In the event of
failure, neglect or refusal of any officer of the Recipient to levy or cause to be levied any Charge
to provide payment by the Recipient under this Agreement, to enforce or to collect such Charge,
or to pay over to the State Water Board any money collected on account of such Charge
necessary to satisfy any amount due under this Agreement, the State Water Board may take
such action in a court of competent jurisdiction as it deems necessary to compel the
performance of all duties relating to the imposition or levying and collection of any of such
Charges and the payment of the money collected therefrom to the State Water Board. Action
taken pursuant hereto shall not deprive the State Water Board of, or limit the application of, any
other remedy provided by law or by this Agreement.
Attached as Exhibit C is a CWSRF Payment Schedule based on the provisions of this section
and an estimated disbursement schedule. CWSRF Payment Schedule will be revised based on
actual disbursements following Completion of Construction.
Each Installment Payment shall be paid by check and in lawful money of the United States of
America.
The Recipient agrees that it shall not be entitled to interest earned on undisbursed project funds.
Upon execution of this Agreement, the State Water Board shall encumber an amount equal to
the Obligation. The Recipient hereby agrees to pay Installment Payments and Additional
Payments from Net Revenues and/or other amounts legally available to the Recipient therefor.
Interest on any funds disbursed to the Recipient shall begin to accrue as of the date of each
disbursement.
(b) Project Costs. The Recipient agrees to pay any and all costs connected with the Project
including, without limitation, any and all Project Costs. If the Project Funds are not sufficient to
pay the Project Costs in full, the Recipient shall nonetheless complete the Project and pay that
portion of the Project Costs in excess of available Project Funds, and shall not be entitled to any
reimbursement therefor from the State Water Board.
(c) Additional Payments. In addition to the Installment Payments required to be made by the
Recipient, the Recipient shall also pay to the State Water Board the reasonable extraordinary
fees and expenses of the State Water Board, and of any assignee of the State Water Board's
right, title and interest in and to this Agreement, in connection with this Agreement, including all
expenses and fees of accountants, trustees, attorneys, litigation costs, insurance premiums and
all other extraordinary costs reasonably incurred by the State Water Board or assignee of the
State Water Board.
Additional Payments shall be billed to the Recipient by the State Water Board from time to time,
together with a statement executed by a duly authorized representative of the State Water
Board, stating that the amounts billed pursuant to this section have been incurred by the State
Water Board or its assignee for one or more of the above items and a copy of the invoice or
statement for the amount so incurred or paid. Amounts so billed shall be paid by the Recipient
within thirty (30) days after receipt of the bill by the Recipient.
City of Palo Alto
Agreement No.: 09-814-550
Project No.: C-06-5044-110
Amendment No. 1
ARTICLE III FINANCING PROVISIONS
baseOCC20X09 13
(d) The Recipient may without penalty prepay all or any portion of the outstanding principal amount
of the Obligation provided that the Recipient shall also pay at the time of such prepayment all
accrued interest on the principal amount prepaid through the date of prepayment.
3.3 Obligation Absolute.
The obligation of the Recipient to make the Installment Payments and other payments required to be
made by it under this Agreement, from Net Revenues and/or other amounts legally available to the
Recipient therefor, is absolute and unconditional, and until such time as the Installment Payments
and Additional Payments have been paid in full, the Recipient shall not discontinue or suspend any
Installment Payments or other payments required to be made by it hereunder when due, whether or
not the System or any part thereof is operating or operable or has been completed, or its use is
suspended, interfered with, reduced or curtailed or terminated in whole or in part, and such
Installment Payments and other payments shall not be subject to reduction whether by offset or
otherwise and shall not be conditional upon the performance or nonperformance by any party of any
agreement for any cause whatsoever.
3.4 No Obligation of the State.
Any obligation of the State Water Board herein contained shall not be an obligation, debt or liability
of the State and any such obligation shall be payable solely out of the moneys in the CWSRF made
available pursuant to this Agreement.
3.5 Disbursement of Project Funds; Availability of Funds.
(a) Except as may be otherwise provided in this Agreement, disbursement of Project Funds will be
made as follows:
(1) Upon execution and delivery of this Agreement, the Recipient may request immediate
disbursement of any eligible incurred planning and design allowance as specified in Exhibit
B from the Project Funds through submission to the State Water Board of the
Disbursement Request Form 260, or any amendment thereto, duly completed and
executed. Eligible planning and design costs incurred prior to the start date of this
Agreement may be funded. Such costs incurred prior to October 1, 2008, will be funded
with non-ARRA monies.
(2) The Recipient may request disbursement of eligible construction and equipment costs
consistent with budget amounts referenced in Exhibit B. (Note that this Agreement will be
amended to incorporate Approval of Award.)
(3) Additional Project Funds will be promptly disbursed to the Recipient upon receipt of
Disbursement Request Form 260, or any amendment thereto, duly completed and
executed by the Recipient for incurred costs consistent with this Agreement, along with
receipt of status reports due under Section 2.9 above.
(4) The Recipient agrees that it will not request disbursement for any Project Cost until such
cost has been incurred and is currently due and payable by the Recipient, although the
actual payment of such cost by the Recipient is not required as a condition of disbursement
request.
City of Palo Alto
Agreement No.: 09-814-550
Project No.: C-06-5044-110
Amendment No. 1
ARTICLE III FINANCING PROVISIONS
baseOCC20X09 14
(5) Recipient shall spend Project Funds within 30 days of receipt. Any interest earned on
Project Funds shall be reported to the State Water Board and may be required to be
returned to the State Water Board or deducted from future disbursements
(6) Recipient shall request its final disbursement no later than six months after Completion of
Construction unless prior approval is granted by the Division. If the Recipient fails to do so,
then the undisbursed balance of this Agreement will be deobligated.
(7) Notwithstanding any other provision of this Agreement, no disbursement shall be required at
any time or in any manner which is in violation of or in conflict with federal or state laws,
policies, or regulations.
(b) The State Water Board's obligation to disburse Project Funds is contingent upon the availability
of sufficient funds to permit the disbursements provided for herein. If sufficient funds are not
available for any reason, including but not limited to failure of the federal or State government to
appropriate funds necessary for disbursement of Project Funds, the State Water Board shall not
be obligated to make any disbursements to the Recipient under this Agreement. This provision
shall be construed as a condition precedent to the obligation of the State Water Board to make
any disbursements under this Agreement. Nothing in this Agreement shall be construed to
provide the Recipient with a right of priority for disbursement over any other agency. If any
disbursements due the Recipient under this contract are deferred because sufficient funds are
unavailable, such disbursement will be made to the Recipient when sufficient funds do become
available.
3.6 Withholding of Disbursements.
(a) The State Water Board may withhold all or any portion of the funds provided for by this
Agreement in the event that:
(1) The Recipient has materially violated, or threatens to materially violate, any term, provision,
condition, or commitment of this Agreement; or
(2) The Recipient fails to maintain reasonable progress toward completion of the Project.
(b) For the purposes of this section, the terms “material violation” or “threat of material violation”
include, but are not limited to:
(1) Placement on the ballot of an initiative to reduce revenues securing this Agreement;
(2) Passage of such an initiative;
(3) Successful challenges by ratepayer(s) to process used by Recipient to set, dedicate, or
otherwise secure revenues used for securing this Agreement; or
(4) Any other action or lack of action that may be construed as a material violation or threat
thereof.
City of Palo Alto
Agreement No.: 09-814-550
Project No.: C-06-5044-110
Amendment No. 1
ARTICLE III FINANCING PROVISIONS
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3.7 Pledge; Rates, Fees and Charges; Additional Debt.
(a) Establishment of Enterprise Fund. In order to carry out its System Obligations, including the
Obligation, the Recipient agrees and covenants that it shall establish and maintain or shall have
established and maintained the Enterprise Fund. All Revenues received shall be deposited when
and as received in trust in the Enterprise Fund. This requirement applies to Recipients that are
public agencies.
(b) Pledge of Net Revenues. The Obligation hereunder shall be secured by a lien on and pledge of
Net Revenues in priority as specified in Exhibit F. The Recipient hereby pledges and grants
such lien on and pledge of Net Revenues to secure the Obligation, including payment of
Installment Payments and Additional Payments hereunder. The Net Revenues in the Enterprise
Fund shall be subject to the lien of such pledge without any physical delivery thereof or further
act, and the lien of such pledge shall be valid and binding as against all parties having claims of
any kind in tort, contract or otherwise against the Recipient.
(c) Application and Purpose of the Enterprise Fund. Subject to the provisions of any outstanding
System Obligations, money on deposit in the Enterprise Fund shall be applied and used first, to
pay Operations and Maintenance Costs, and thereafter, all amounts due and payable with
respect to the System Obligations. After making all payments hereinabove required to be made
in each Fiscal Year, the Recipient may expend in such Fiscal Year any remaining money in the
Enterprise Fund for any lawful purpose of the Recipient, including payment of subordinate debt.
This requirement applies to Recipients that are public agencies.
(d) Rates, Fees and Charges. The Recipient agrees, to the extent permitted by law, to fix, prescribe
and collect rates, fees and charges for the System during each Fiscal Year which are
reasonable, fair and nondiscriminatory and which will be at least sufficient to yield during each
Fiscal Year Net Revenues equal to the debt service on System Obligations, including the
Obligation, for such Fiscal Year. The Recipient may make adjustments from time to time in such
fees and charges and may make such classification thereof as it deems necessary, but shall not
reduce the rates, fees and charges then in effect unless the Net Revenues from such reduced
rates, fees and charges will at all times be sufficient to meet the requirements of this section.
The Recipient agrees to promptly challenge any initiative that would impair the Obligation and
publicly state its opposition to any rate challenges. This requirement applies to Recipients that
are public agencies.
(e) Future Local Debt. The applicant’s future debt may not be senior to CWSRF debt. The
applicant’s future local debt may be on parity with the CWSRF debt if the following conditions
are met:
(1) The applicant’s net revenues pledged to pay all senior debts relying on the pledged
revenue source are at least 1.2 times the highest year’s debt service and net revenues
pledged to pay all debts are at least 1.1 times the highest year’s debt service; and
(2) One of the following conditions is met:
(A) The Recipient’s proposed parity Additional Obligation is rated “A,” or higher, by at
least two nationally recognized rating agencies; or
(B) The Recipient is a disadvantaged community and the Division determines that it
would be economically burdensome for the agency to obtain nationally recognized
ratings for its parity debt; or
City of Palo Alto
Agreement No.: 09-814-550
Project No.: C-06-5044-110
Amendment No. 1
ARTICLE III FINANCING PROVISIONS
baseOCC20X09 16
(C) The Recipient is a disadvantaged community and the Division determines that
requiring the proposed Additional Obligations to be subordinate to the Recipient’s
Obligations hereunder will unduly restrict the Recipients from obtaining future
system debt necessary for water quality improvements.
Additional Debt Test.
(1) Additional Senior Debt. The Recipient’s future debt that is secured by Net Revenues
may not be senior to this Obligation, except where the new senior obligation refunds
or refinances an existing senior obligation, the new senior obligation has the same or
earlier repayment term as the refunded senior debt, and the new senior debt service is
the same or lower than the existing debt service in each year, thereby not diminishing
the applicant’s ability to repay its SRF obligations.
(2) Additional Parity Debt. Future debt that is secured by Net Revenues may be on parity
with this Obligation if the Recipient is then in compliance with the reserve, coverage
and additional debt test requirements in Exhibit D to this Agreement.
3.8 Financial Management System and Standards.
The Recipient agrees to comply with federal standards for financial management systems. The
Recipient agrees that, at a minimum, its fiscal control and accounting procedures will be sufficient to
permit preparation of reports required by the federal government and tracking of Project funds to a
level of expenditure adequate to establish that such funds have not been used in violation of federal
or state law or the terms of this Agreement. To the extent applicable, the Recipient agrees to be
bound by and to comply with, the provisions and requirements of the federal Single Audit Act of 1984
(Pub. L.98-502) Office of Management and Budget (OMB) Circular No. A-133, and updates or
revisions, thereto.
3.9 Accounting and Auditing Standards.
The Recipient will maintain separate Project accounts in accordance with generally accepted
accounting principles. The Recipient shall comply with "Standards for Audit of Governmental
Organizations, Programs, Activities and Functions" promulgated by the U.S. General Accounting
Office. (40 CFR § 35.3135(I).)
3.10 Federal or State Assistance.
If federal or state funding for Project Costs is made available to the Recipient from sources other
than the CWSRF, the Recipient may retain such funding up to an amount which equals the
Recipient's local share of Project Costs. To the extent allowed by requirements of other funding
sources, any funding received in excess of the Recipient's local share, not to exceed the total
amount of the CWSRF financing assistance, shall be remitted to the State Water Board to be applied
to Installment Payments due hereunder.
City of Palo Alto
Agreement No.: 09-814-550
ISA No.: C-06-5044-110
Amendment No. 1
EXHIBIT D – SPECIAL CONDITIONS
D-1
Special conditions as follows:
D.1 The financing agreement shall be secured on subordinate parity to the debt service on the with
the outstanding 1999 Series A Revenue Bonds that is attributable to the Sewer System (as
defined in the Indenture of Trust for the 1999 Series A Revenue Bonds).
D.2 The financing agreement shall be subordinate to the outstanding 1995 Series A Revenue Bonds;
and;
D.3 The City of Palo Alto shall fund a reserve fund of one year’s debt service and maintain it
throughout the term of the financing agreement.
D.4 Recipient shall establish and maintain rates and charges sufficient to generate Revenues
in the amounts necessary to cover Maintenance and Operations Costs and shall ensure
that Net Revenues are equal to at least 1.25 times the maximum annual debt service during
the term of this Agreement. Issuance of additional parity debt requires Recipient’s Net
Revenues, excluding any transfers from rate stabilization funds, to then be a minimum of
1.25 times that maximum annual debt service for existing and proposed additional debt.
D.5 In the event of any conflict between the original Agreement and the Agreement as
amended by Amendment No. 1, the terms of the Agreement as amended shall govern.
Otherwise, the original Agreement shall remain in full force and effect. This agreement is
governed by and shall be interpreted in accordance with the laws of the State of California.
City of Palo Alto
Agreement No.: 09-814-550
ISA No.: C-06-5044-110
Amendment No. 1
EXHIBIT F — SCHEDULE OF SYSTEM OBLIGATIONS
F-1
Except for the following and the Obligation evidenced by this Agreement, the Recipient certifies that it has
no outstanding System Obligations:
The following outstanding debt is senior to this Obligation:
Title Debt Service
Coverage
Requirement
Interest
Rate
Par Total Amount Amount
Remaining
End Date
1995 Utility Revenue
Bond
1.25 5.0-6.25% $8,640,000 $5,650,000 June 1, 2020
1999 Utility and
Refunding Bonds
1.25 $17,735,000 June 1, 2024
The following outstanding debt is parity to this Obligation:
Title Interest
Rate
Par Total Amount Amount
Remaining
End Date
1999 Utility and
Refunding Bonds
3-25-
5.25%
$17,735,000 $14,670,000 June 1, 2024
Mountain
View/Moffett Area
Reclaimed Water
Pipeline Project SRF
Contract # 07-814-
550-0 Project # C-06-
4132-110
1.25 0%* $9,000,000 $9,000,000 June 30, 2029
2017 SRF Loan
Project No. 8190-
110, Agreement No.
D16-01034
1.25 $30,000,000 March 30, 2049
* Local Match Financing
The following outstanding debt is subordinate to this Obligation:
Title Interest
Rate
Par Total Amount Amount
Remaining
End Date
Not Applicable