HomeMy WebLinkAbout04.12.2023@600 RegularWednesday, April 12, 2023
6:00 PM
City of South San Francisco
P.O. Box 711
South San Francisco, CA
Additional In-Person Location: Hyatt Regency 1209 L Street Sacramento,
CA 95814 **Ask for room number at front desk**
City Council
BUENAFLOR NICOLAS, Mayor (District 3)
MARK NAGALES, Vice Mayor (District 2)
MARK ADDIEGO, Councilmember (District 1)
JAMES COLEMAN, Councilmember (District 4)
EDDIE FLORES, Councilmember (District 5)
ROSA GOVEA ACOSTA, City Clerk
FRANK RISSO, City Treasurer
SHARON RANALS, City Manager
SKY WOODRUFF, City Attorney
Regular Meeting Agenda
Municipal Services Building, Council Chambers
33 Arroyo Drive, South San Francisco, CA
1
April 12, 2023City Council Regular Meeting Agenda
How to observe the Meeting (no public comment):
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2) https://www.ssf.net/government/city-council/video-streaming-city-and-council-meetings/city-council
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teleconference feed, the City Council will continue the meeting in public in the Council Chambers.
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Members of the public are encouraged to submit public comments in writing in advance of the meeting via the
eComment tab by 4:00 p.m. on the meeting date. Use the eComment portal by clicking on the following link :
https://ci-ssf-ca.granicusideas.com/meetings or by visiting the City Council meeting's agenda page. eComments
are also directly sent to the iLegislate application used by City Council and staff.
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indicate the Agenda Item # you wish to address or the topic of your public comment. When your name is
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American Disability Act:
The City Clerk will provide materials in appropriate alternative formats to comply with the Americans with
Disabilities Act. Please send a written request to City Clerk Rosa Govea Acosta at 400 Grand Avenue, South
San Francisco, CA 94080, or email at all-cc@ssf.net. Include your name, address, phone number, a brief
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Accommodations: Individuals who require special assistance of a disability -related modification or
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April 12, 2023City Council Regular Meeting Agenda
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
AGENDA REVIEW
ANNOUNCEMENTS FROM STAFF
PRESENTATIONS
Proclamation recognizing April as Volunteer Appreciation Month. (Flor Nicolas,
Mayor)
1.
Proclamation recognizing April 23 - 29, 2023 as National Library Week. (Flor Nicolas,
Mayor)
2.
Presentation on City Internship and Summer Work Opportunities for Youth (Leah
Lockhart, Human Resources Director)
3.
PUBLIC COMMENTS
Under the Public Comment section of the agenda, members of the public may speak on any item not listed
on the Agenda and on items listed under the Consent Calendar. Individuals may not share or offer time to
another speaker. Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is
listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may
direct staff to investigate and/or schedule certain matters for consideration at a future Council meeting .
Written comments on agenda items received prior to 4:00 p.m. on the day of the meeting will be included as
part of the meeting record but will not be read aloud.
If there appears to be a large number of speakers, the Mayor may reduce speaking time to limit the total
amount of time for public comments (Gov. Code sec. 54954.3(b)(1).). Speakers that are not in compliance
with the City Council's rules of decorum will be muted.
COUNCIL COMMENTS/REQUESTS
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April 12, 2023City Council Regular Meeting Agenda
CONSENT CALENDAR
Matters under the Consent Calendar are considered to be routine and noncontroversial. These items will
be enacted by one motion and without discussion. If, however, any Council member (s) wishes to comment
on an item, they may do so before action is taken on the Consent Calendar. Following comments, if a
Council member wishes to discuss an item, it will be removed from the Consent Calendar and taken up in
order after adoption of the Consent Calendar.
Motion to approve the Minutes for March 22, 2023, March 28, 2023, and April 4,
2023. (Rosa Govea Acosta, City Clerk)
4.
Motion to accept the construction improvements of the Caltrain Access & Bay Trail
Gap Closure Project (st2003) as complete. (Jeffrey Chou, Senior Civil Engineer)
5.
Report regarding a resolution authorizing the acceptance of $2,500 in grant funding
from NASA in partnership with Twin Cities PBS, Space Science Institute, National
Girls Collaborative, and NASA Langley Research Center to support networks
advancing gender equity and youth involvement in STEM through mentorship and
programming at the Grand Library Makerspace and amending the Library
Department’s Fiscal Year 2022-2023 Operating Budget via Budget Amendment
23.059. (Valerie Sommer, Library Director)
6.
Resolution authorizing the acceptance of $2,500 in grant funding from NASA in
partnership with Twin Cities PBS, Space Science Institute, National Girls
Collaborative, and NASA Langley Research Center to support networks advancing
gender equity and youth involvement in STEM through mentorship and programming
at the Grand Library Makerspace and amending the Library Department’s Fiscal Year
2022-2023 Operating Budget via Budget Amendment 23.059.
6a.
Report regarding a resolution approving the Second Amendment to the service
agreement with Du-All Safety for safety program consultant services for an additional
$75,000 for a total contract amount not to exceed $250,000. (Leah Lockhart, HR
Director)
7.
Resolution approving the Second Amendment to the service agreement with Du-All
Safety for safety program consultant services for an additional $75,000 for a total
contract amount not to exceed $250,000.
7a.
Report regarding a resolution determining the existence of an emergency and the need
to make emergency repairs in response to the February 2023 flooding event at the
Roberta Cerri Teglia Center, and authorizing the City Manager to enter into an
agreement for said work. (Greg Mediati, Director of Parks and Recreation)
8.
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April 12, 2023City Council Regular Meeting Agenda
Resolution determining the existence of an emergency and the need to make
emergency repairs in response to the February 2023 flooding event at the Roberta
Cerri Teglia Center, and authorizing the City Manager to enter into an agreement with
ServePro of South San Francisco for emergency facility restoration work in an amount
not to exceed $83,708.17.
8a.
Report regarding a resolution authorizing the City Manager to sign a Letter of Local
Acknowledgement supporting the County of San Mateo’s Encampment Resolution
Funding Program (ERF) grant application. (Sharon Ranals, City Manager)
9.
Resolution authorizing the City Manager sign a Letter of Local Acknowledgement
supporting the County of San Mateo’s Encampment Resolution Funding Program
(ERF) grant application
9a.
ADMINISTRATIVE BUSINESS
Report regarding a resolution naming the Third Floor Adult Library in the New Library
| Parks and Recreation Center as the Jackie Speier Library Wing, after former
Congresswoman Jackie Speier in honor of her lifelong support of public library
programs, services and collections in South San Francisco. (Valerie Sommer, Library
Director)
10.
Resolution naming the Third Floor Adult Library in the New Library | Parks and
Recreation Center as the Jackie Speier Library Wing, after former Congresswoman
Jackie Speier in honor of her lifelong support of public library programs, services and
collections in South San Francisco.
10a.
Report regarding approval of a sponsorship agreement with the West Coast Farmer’s
Market Association for the reopening of the South San Francisco Farmers’ Market at
Orange Memorial Park. (Leslie Arroyo, Deputy City Manager)
11.
Resolution approving a sponsorship agreement for the operation of the South San
Francisco Farmers' Market at Orange Memorial Park by West Coast Farmers’ Market
Association
11a.
Report regarding a resolution approving a first amendment to the amended and
restated employment agreement between the City of South San Francisco and Rosa
Govea Acosta for service as City Clerk and approving an amendment to the City’s
salary schedule for the position of City Clerk. (Sky Woodruff, City Attorney and
Leah Lockhart, Human Resources Director)
12.
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April 12, 2023City Council Regular Meeting Agenda
Resolution approving a first amendment to the employment agreement between the
City of South San Francisco and Rosa Govea Acosta for service as City Clerk and
amending the Fiscal Year 2022-23 Salary Schedule to reflect changes in the salary for
the City Clerk position.
12a.
Report regarding a resolution awarding a construction contract to McGuire and Hester
of Alameda, California for the Grand Boulevard Initiative Phase III Project (Project
No. st1807, Bid No. 2658) in an amount not to exceed $3,257,557, authorizing a total
construction contract authority budget of $3,925,300, and authorizing the City
Manager to execute the agreement on behalf of the City. (Jeffrey Chou, Senior Civil
Engineer)
13.
Resolution awarding a construction contract to McGuire and Hester of Alameda,
California for the Grand Boulevard Initiative Phase III Project (Project No. st1807,
Bid No. 2658) in an amount not to exceed $3,257,557, authorizing a total construction
contract authority budget of $3,925,300, and authorizing the City Manager to execute
the agreement on behalf of the City.
13a.
Report regarding approval of a resolution authorizing the Mayor to sign a letter of
support for Assembly Bill 311 (Santiago) “Food for All” to expand access to the
California Food Assistance Program (CFAP). (Tamiko Huey, Management Analyst II)
14.
Resolution authorizing the Mayor to sign a letter of support for Assembly Bill 311
(Santiago) “Food for All” to expand access to the California Food Assistance Program
(CFAP).
14a.
ITEMS FROM COUNCIL – COMMITTEE REPORTS AND ANNOUNCEMENTS
CLOSED SESSION
Conference with Legal Counsel - Existing Litigation
(Pursuant to Government Code of Section 54956.9(d)(1))
Name of case: In re: National Prescription Opiate Litigation (United States District
Court, Northern District of Ohio, Case No. 1:17-MD-2804)
(Sky Woodruff, City Attorney; Leslie Arroyo, Deputy City Manager; Tamiko Huey,
Management Analyst)
15.
ADJOURNMENT
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:23-257 Agenda Date:4/12/2023
Version:1 Item #:1.
Proclamation recognizing April as Volunteer Appreciation Month.(Flor Nicolas, Mayor)
City of South San Francisco Printed on 4/7/2023Page 1 of 1
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Dated: April 12, 2023
RECOGNITION OF APRIL AS
VOLUNTEER APPRECIATION MONTH
WHEREAS, the month of April has been designated nationally as Volunteer
Appreciation Month to recognize the hard work, dedication, and passion of volunteers
and national service members throughout our nation; and
WHEREAS, volunteering one’s time, talents, and resources has been an integral
part of our heritage since the early days of our nation and it is essential that we continue
this tradition of giving and sharing to preserve and improve the quality of life for all
citizens in our community; and
WHEREAS, the City of South San Francisco believes that government alone
cannot meet all of our city’s needs, so we partner with businesses, non-profit
organizations, foundations, and individuals who serve in city government and in our
community to make a difference; and
WHEREAS, the City of South San Francisco has more than 600 volunteers who
give of their time to greet and meet the needs of our citizens and give of their unselfish
efforts to help shape our government, which can affect positive change; and
WHEREAS, the City of south San Francisco wants to take this time to recognize
our volunteers who have served the city ranging from Improving Public Places, to
holiday food distribution events, to Friends of Parks and Recreation and Friends of the
Library, to our Sign Hill Stewards, to assisting with tax preparation and Project Read
tutoring, to volunteering for Full of Fun Camp for Young People with Special Needs, to
volunteering at our annual, wildly popular Halloween Extravaganza, to our more than
100 volunteers who have Adopted a Storm Drain; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
South San Francisco does hereby recognize April as National Volunteer Month and we
are deeply humbled and appreciative to all individuals, groups, and businesses who have
given time, energy, and resources to our community through volunteer service.
___________________________________
Buenaflor Nicolas, Mayor, District 3
___________________________________
Mark Nagales, Vice Mayor, District 2
___________________________________
Mark Addiego, Councilmember, District 1
___________________________________
James Coleman, Councilmember, District 4
___________________________________
Eddie Flores, Councilmember, District 5
8
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:23-258 Agenda Date:4/12/2023
Version:1 Item #:2.
Proclamation recognizing April 23 - 29, 2023 as National Library Week.(Flor Nicolas, Mayor)
City of South San Francisco Printed on 4/7/2023Page 1 of 1
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Dated: April 12, 2023
RECOGNITION OF NATIONAL LIBRARY WEEK
APRIL 23 – 29, 2023
WHEREAS, as we ease of out the pandemic, library workers continue to exceed
their communities’ demands and adapt resources and services to meet their users’ needs
during these last two years; and
WHEREAS, whether people visit in person or virtually, our nation’s free public
libraries offer opportunities for everyone to explore new worlds and pursue lifelong
learning through access to information, technology, multimedia content, educational
programs, and literacy services; and
WHEREAS, the theme for National Library Week 2023, “There’s More to the
Story,” highlights that libraries are full of stories in a variety of formats from picture
books to large print, audiobooks to ebooks, and more; and
WHEREAS, there are more than 123,000 libraries in the United States ranging
from Public Libraries, Academic Libraries, School Libraries, Armed Forces Libraries,
Government Libraries; and Bookmobiles; and
WHEREAS, libraries are pioneers supporting democracy and effecting social
change, with a commitment to providing equitable access to information for all library
users regardless of race, ethnicity, creed, ability, sexual orientation, gender identity or
socioeconomic status; and
WHEREAS, libraries lead in working with diverse communities, including people
of color, immigrants, and people with disabilities, offering services and educational
resources that transform communities, open minds, and promote inclusion and diversity;
and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
South San Francisco does hereby proclaim April 23-29, 2023, as National Library Week
and encourages all residents to take advantage of the wonderful programs, services, and
resources at our libraries.
___________________________________
Buenaflor Nicolas, Mayor, District 3
___________________________________
Mark Nagales, Vice Mayor, District 2
___________________________________
Mark Addiego, Councilmember, District 1
___________________________________
James Coleman, Councilmember, District 4
___________________________________
Eddie Flores, Councilmember, District 5
10
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:23-267 Agenda Date:4/12/2023
Version:1 Item #:3.
Presentation on City Internship and Summer Work Opportunities for Youth (Leah Lockhart, Human Resources
Director)
City of South San Francisco Printed on 4/7/2023Page 1 of 1
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South San Francisco
Summer Internships &
Work Opportunities for Youth
Leah Lockhart
Human Resources Director
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•Open to students and 2023 graduates from
South San Francisco High Schools, ages 15-18
•Program runs from June 5 –July 28
•15-20 students matched with a paid internship
in a City department, approximately 20-25
hours per week ($18/hr)
•One week orientation and work-
readiness/personal development training
•One-on-one check-ins and personalized
support
•Interest forms due by April 30
For More Information Visit:
https://www.ssf.net/departments/human-
resources/internships
SSF Youth Summer Internship Program (YSIP)
13
NextGen Silicon Valley
Regional Internship Program
•Open to College/University Students or
recent graduates
•Mid-June through Mid-September (start
and end times vary)
•20-40 hours per week $20-$25 hourly
•Participation in regional learning sessions,
including introduction to public service,
mock interviews,
NextGen Internship Opportunities will be
posted by April 17 on www.calopps.org
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•Runs June 1, June 5-30
•Monday-Friday 8:30-1:00
•$1,000 scholarship
•Gain hands-on experience working with youth
in the City’s elementary summer program at
the GMCLC.
•Gain communication, leadership and teamwork
skills
Contact: (650) 877-8540
Web-clc@ssf.net
Gene Mullin Community Learning Center
TEEN INTERNSHIP PROGRAM
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Parks & Recreation
is Hiring!
•Summer Camp Counselors
•Coaches
•Lifeguards
•Swim Instructors
•Year-round opportunities in after school
programs, sports programs, and preschool
programs available.
16
www.calopps.org
www.ssf.net
(650) 877-8522
17
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:23-283 Agenda Date:4/12/2023
Version:1 Item #:4.
Motion to approve the Minutes for March 22, 2023, March 28, 2023, and April 4, 2023. (Rosa Govea Acosta, City Clerk)
City of South San Francisco Printed on 4/19/2023Page 1 of 1
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ID Start time Language Name / Nombre Would you like to speak If you would like to speak on an age1 4/12/23 17:26:36 English (United States) Leslie Fong Yes / Si Public comment
CALL TO ORDER
Mayor Nicolas called the meeting to order at 6:00 p.m.
ROLL CALL
Councilmember Addiego, present
Councilmember Coleman, present
Councilmember Flores, present
Vice Mayor Nagales, present
Mayor Nicolas, present
PLEDGE OF ALLEGIANCE
Liam Carney led the pledge.
AGENDA REVIEW
At the request of City Manager Ranals, Administrative Business Item No. 17 was postponed to a
future meeting.
ANNOUNCEMENTS FROM STAFF
• Jake Gilchrist, Director of Capital Projects
PRESENTATIONS
1. Proclamation recognizing March as Irish American Heritage Month. (Mayor Flor Nicolas)
Mayor Nicolas read the proclamation into the record. Mary Franco accepted the proclamation and
thanked the Council.
2. Certificate recognizing Marian Manahan, El Camino High School student and award-winning
artist. (Mayor Flor Nicolas)
Councilmember Coleman presented the certificate. El Camino High School student and San Mateo
County Office of Education award winning artist, Marian Manahan Content, accepted the certificate
and thanked the Council.
MINUTES
REGULAR MEETING
CITY COUNCIL
CITY OF SOUTH SAN FRANCISCO
WEDNESDAY, MARCH 22, 2023
6:00 p.m.
Municipal Services Building, Council Chambers
33 Arroyo Drive, South San Francisco, CA
Via Zoom
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REGULAR CITY COUNCIL MEETING MARCH 22, 2023
MINUTES PAGE 2
3. Proclamation recognizing April as Fair Housing Month. (Mayor Flor Nicolas)
Vice Mayor Nagales read the proclamation into the record. Project Sentinel Fair Housing
Coordinator, Jakob Uriarte, accepted the proclamation and thanked the City and Council.
4. Certificate recognizing March as National Nutrition Month and recognizing Second Harvest
Food Bank. (Mayor Flor Nicolas)
Councilmember Addiego presented the certificate. Second Harvest Food Bank Connection
Coordinator Claribel Chavez accepted the certificate and thanked the Council.
5. Certificate recognizing Spark of Creation Studio. (Mayor Flor Nicolas)
Councilmember Flores presented the certificate. Creation Studio Director Marilou Lafon and
participants accepted the certificate and thanked Council.
PUBLIC COMMENTS – NON-AGENDA ITEMS
The following individual(s) addressed the City Council:
In-Person:
• Cynthia Marcopulos
• Tom Carney
The following individual(s) submitted an electronic comment:
• Claudia Melteff
PUBLIC COMMENTS – AGENDA ITEMS
The following individual(s) submitted an electronic comment:
• Anthony Montes, Community Organizer, Silicon Valley Bicycle Coalition (Item 13)
All electronic comments received were made a part of the record of the meeting.
COUNCIL COMMENTS/REQUESTS
Councilmember Coleman shared his participation in the Childcare Partnership Council and Child
Care Coordinating Council of San Mateo County to highlight the City's efforts. He also shared that
he attended two of the three Bohème Out of the Box SF Opera events and looks forward to more.
Additionally, he attended a potted plant-making event at Clay Park and requested that staff assess the
basketball courts for maintenance needs.
Councilmember Addiego highlighted the Chamber Mixer at Antigua Coffee Shop in partnership with
the Renaissance Entrepreneurship Center. He also shared how impressed he was with the outcome of
the Bohème Out of the Box SF Opera events and thanked the Parks and Recreation Department for
their efforts. He also requested the City explore ways to continue the CalFresh Emergency Allotments
if the State cannot continue doing so. Additionally, he requested to adjourn the meeting in memory
of Frank Paul Massa.
Vice Mayor Nagales also attended Bohème Out of the Box SF Opera events, thanked staff for their
time, and noted it was a successful event. He also shared that he has participated in events with staff
in presenting the Cultures United Program. Additionally, he shared that he hosted a panel on housing
and thanked staff and Council for completing the city's Housing Element.
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REGULAR CITY COUNCIL MEETING MARCH 22, 2023
MINUTES PAGE 3
Councilmember Flores stated he attended a virtual session hosted by the Institute for Local
Government in which he was able to connect with community groups and local non-profit
organizations. He also recognized all departments and individuals that helped make the Bohème Out
of the Box SF Opera events happen. Additionally, he echoed the success of the mixer event at now,
Antigua Restaurant and shared that they have expanded their menu. He also requested staff investigate
the light at the intersection of Grand Ave and Spruce Ave. Lastly, he requested the meeting be
adjourned in memory of Benigno Aquino, father of Rotary Club President Cristina Aquino.
Mayor Nicolas commended the staff for their dedication in dealing with the aftermath of the recent
weather. She also thanked staff for their presentation to the Historical Society, as she received great
feedback. She highlighted the Cultural Arts Commission and Parks and Recreation Department for
their events. She also announced that she pledged to participate in the National Mayor's Challenge
for Water Conservation from April 1 – April 30, 2023. More information is available on the city's
website, www.ssf.net. Lastly, she requested the meeting be adjourned in memory of Amelia Vila,
Rev. Mario Dorado, Juan Davis Yap, Jr., Frances Lucero, and Julita Carpio.
CONSENT CALENDAR
The City Clerk duly read the Consent Calendar, after which Council voted and engaged in discussion
of specific item as follows. Item No. 7 and No. 13 was pulled for further discussion by Vice Mayor
Nagales, Councilmember Addiego, and Councilmember Flores.
6. Motion to approve the Minutes for March 8, 2023. (Rosa Govea Acosta, City Clerk)
8. Motion to receive and file the City’s Housing Successor Agency Annual Report for Fiscal
Year 2021-2022. (Nell Selander, Economic & Community Development Director)
9. Report regarding Resolution No. 44-2023 approving Parcel Map 22-1236 for the purposes of
dedicating new public easements and splitting the existing parcel into three lots as part of the
180 El Camino Real Redevelopment project; and authorizing the recording of said Parcel
Map and all related documents with the San Mateo County Recorder. (Jason Hallare, Senior
Civil Engineer)
10. Report regarding Resolution No. 45-2023 approving an amendment to Kimley-Horn and
Associate’s contract to provide additional design support during construction for an additional
amount of $88,344.90, for a total amount not to exceed $448,064.90, extending the contract
term, and authorizing a total contract authority budget of $500,000, for the Smart Corridors
South San Francisco Expansion Project (Project No. tr2002). (Angel Torres, Senior Civil
Engineer)
11. Report regarding Resolution No. 46-2023 authorizing an agreement between the San Mateo
County Library and the South San Francisco Public Library to provide staffing for the Big
Lift Inspiring Summers program in South San Francisco and approving Budget Amendment
23.055 accepting up to $15,000 in reimbursement funding. (Valerie Sommer, Library
Director)
12. Report regarding Resolution No. 47-2023 authorizing the acceptance of a $5,000 donation
from the South San Francisco Police Activities League for the Orange Memorial Park Sports
Field Project (project number pk1402) and amending the Parks and Recreation Department’s
21
REGULAR CITY COUNCIL MEETING MARCH 22, 2023
MINUTES PAGE 4
Operating Budget pursuant to Budget Amendment #23.054. (Greg Mediati, Director, Parks
and Recreation Department)
14. Report regarding Resolution No. 48-2023 continuing to declare and ratify the existence of a
local emergency relating to major storm and flooding events. (Sharon Ranals, City Manager
and Sky Woodruff, City Attorney)
Motion – Vice Mayor Nagales /Second - Councilmember Addiego: To approve Consent Calendar 6,
8-12, and 14 by roll call vote: AYES: Councilmembers Addiego, Coleman, and Flores, Vice Mayor
Nagales, and Mayor Nicolas; NAYS: None; ABSTAIN: None
7. Motion to accept the 2022 Housing Element and General Plan Annual Progress Report and
authorize its transmittal to the California Governor’s Office of Planning and Research
(ORP) and the California Department of Housing and Community Development (HCD).
(Tony Rozzi, Chief Planner and Stephanie Skangos, Associate Planner)
Item No. 7: At the request of Vice Mayor Nagales, Chief Planner Rozzi provided an overview of the
city’s 2022 Housing Element noting areas of improvement.
Motion – Vice Mayor Nagales /Second - Councilmember Coleman: To approve Consent Calendar
Item No. 7 with direction to staff, by roll call vote: AYES: Councilmembers Addiego, Coleman, and
Flores, Vice Mayor Nagales, and Mayor Nicolas; NAYS: None; ABSTAIN: None
13. Report regarding a Resolution authorizing the acceptance of $15,000 in grant funding from
Smart Growth America to support the City’s participation in the Complete Streets Leadership
Academy with Caltrans and amending the Economic and Community Development
Department’s Fiscal Year 2022-2023 Operating Budget via Budget Amendment #23.053.
(Christopher Espiritu, Senior Transportation Planner)
Item No. 13: Councilmember Addiego requested clarity on the project and shared concern over the
area that may be affected. Councilmember Flores highlighted the major partnership between the
agencies, inquired about community engagement and funding. Senior Planner Espiritu provided an
overview of the project and stated that community outreach would begin in April. He also noted
feedback would be taken back and alternatives would be explored.
Item heard – no action.
ADMINISTRATIVE BUSINESS
15. Report regarding Resolution No. 49-2023 approving a letter of support for the San Mateo
County Transit District (SamTrans) Emission Zero: North Base Transformation Project.
(Christina Fernandez, Chief Sustainability Officer)
Chief Sustainability Officer Fernandez presented the report. SamTrans Manager of Government and
Community Affairs, Jessica Epstein, and Deputy Chief of Bus Fleet and Facilities, Liria Lorano,
provided a presentation and answered questions from the Council.
22
REGULAR CITY COUNCIL MEETING MARCH 22, 2023
MINUTES PAGE 5
PUBLIC COMMENTS - The following individual(s) addressed the City Council:
In-Person:
• Julio Garcia
• Ethan Mizzi
Motion – Councilmember Coleman/Second - Councilmember Addiego: To approve Resolution No.
49-2023 approving a letter of support for the San Mateo County Transit District (SamTrans) Emission
Zero: North Base Transformation Project, by roll call vote: AYES: Councilmembers Addiego,
Coleman, and Flores, Vice Mayor Nagales, and Mayor Nicolas; NAYS: None; ABSTAIN: None
16. Report regarding an ordinance amending Section 2.56.050 of the South San Francisco
Municipal Code to change the regular time for the Planning Commission from 7:00 P.M. to
6:00 P.M. (Adena Friedman, Principal Planner and Tony Rozzi, Chief Planner)
Principal Planner Friedman presented the report. The council suggested postponing the introduction
of this item until after the current vacancies on the Planning Commission are filled, and all
commissioners can vote on the matter.
Item heard - no action.
17. Report regarding an ordinance to amend Title 15 of the South San Francisco Municipal Code
to adopt a reach code for all-electric nonresidential new construction and enhanced electric
vehicle charging infrastructure. (Christina Fernandez, Chief Sustainability Officer; Phillip
Perry, Chief Building Official; Leila Silver, Integrative Designs 360)
Item not heard.
The following individual(s) submitted an electronic comment:
• Roderick Bovee (Item 17)
• Darryl Yip (Item 17)
Meeting Recessed: 8:16 p.m.
Meeting Resumed: 8:26 p.m.
18. Report regarding the status of the Memorandum of Understanding between the City of South
San Francisco and the South San Francisco Unified School District. (Scott Campbell, Chief
of Police)
Police Chief Campbell presented the report. South San Francisco Unified School District Director of
Student Services, Ryan Sebers, provided an overview for coordinating a timeline to align future
reporting. The council asked for clarity regarding reporting procedures and provided feedback for
areas of improvement.
19. Report regarding Resolution No. 50-2023 to authorize application to and participation in the
California Department of Housing and Community Development Prohousing Designation
Program (Adena Friedman, Principal Planner and Tony Rozzi, Chief Planner)
Principal Planner Friedman presented the report. The council highlighted staff efforts for being
proactive and shared appreciation for positioning the City to receive grant funding.
23
REGULAR CITY COUNCIL MEETING MARCH 22, 2023
MINUTES PAGE 6
Motion – Vice Mayor Nagales /Second Councilmember Coleman: To approve Resolution No. 50-
2023 to authorize application to and participation in the California Department of Housing and
Community Development Prohousing Designation Program, by roll call vote: AYES:
Councilmembers Addiego, Coleman, and Flores, Vice Mayor Nagales, and Mayor Nicolas; NAYS:
None; ABSTAIN: None
20. Report regarding Resolution No. 51-2023 affirming the City’s support for Bridge Housing
Corporation’s application to the Affordable Housing Sustainable Communities (AHSC) Grant
program, authorizing the City Manager to execute an AHSC Implementation and Cooperation
Agreement with Bridge Housing Corporation, and approving Budget Amendment Number
23.057 appropriating $250,000 to acquire an EV sub-compact sweeper. (Nell Selander,
Economic & Community Development Director)
Director Selander presented the report. The council shared their excitement and thanked Director
Selander for her presentation.
Motion – Councilmember Flores /Second Councilmember Coleman: To approve Resolution No. 51-
2023 affirming the City’s support for Bridge Housing Corporation’s application to the Affordable
Housing Sustainable Communities (AHSC) Grant program, authorizing the City Manager to execute
an AHSC Implementation and Cooperation Agreement with Bridge Housing Corporation, and
approving Budget Amendment Number 23.057 appropriating $250,000 to acquire an EV sub-
compact sweeper, by roll call vote: AYES: Councilmembers Addiego, Coleman, and Flores, Vice
Mayor Nagales, and Mayor Nicolas; NAYS: None; ABSTAIN: None
ITEMS FROM COUNCIL – COMMITTEE REPORTS AND ANNOUNCEMENTS
None.
ADJOURNMENT
Being no further business Mayor Nicolas adjourned the City Council meeting at 9:29 p.m.
***
Adjourned in Memory of
Amelia Vila, Rev. Mario Dorado, Juan Davis Yap, Jr., Frances Lucero, Julita Carpio, Frank Paul
Massa, and Benigno Aquino.
***
Submitted by: Approved by:
Jazmine Miranda Buenaflor Nicolas
Assistant City Clerk Mayor
Approved by the City Council: / /
24
CALL TO ORDER Mayor Nicolas called the meeting to order at 5:00 p.m.
ROLL CALL Councilmember Addiego, present
Councilmember Coleman, present
Councilmember Flores, present
Vice Mayor Nagales, present
Mayor Nicolas, present
AGENDA REVIEW No changes.
PUBLIC COMMENTS No public comments.
CLOSED SESSION
Entered into Closed Session: 5:02 p.m.
1. Conference with Legal Counsel - Existing Litigation
(Pursuant to Government Code Section 54956.9(d)(1))
Name of case: Kelly, Graham vs. City of South San Francisco (Worker’s Compensation
Appeals Board Case Nos. ADJ14427663, ADJ11833675)
(Sky Woodruff, City Attorney, Kyle Royer, RTGR Law, and Leah Lockhart, Human
Resources Director)
2. Conference with Legal Counsel - Anticipated Litigation Significant exposure to litigation
pursuant to Government Code Section 54956.9(d)(2): One potential case
3. Conference with Legal Counsel - Existing Litigation (Pursuant to Government Code Section
54956.9(d)(1)) Name of case: Whitaker, Jeffery vs. City of South San Francisco (Workers’
Compensation Appeals Board Case Nos. ADJ13403418, ADJ13403417, ADJ13403415)
(Sky Woodruff, City Attorney, Kyle Royer, RTGR Law, and Leah Lockhart, Human
Resources Director)
4. Conference With Labor Negotiators (Pursuant to Government Code Section 54957) Agency
designated representatives: Mayor Flor Nicolas, Vice Mayor Mark Nagales, and City
Attorney Sky Woodruff
Unrepresented employee: City Clerk
Resumed from Closed Session: 5:54 p.m.
MINUTES
SPECIAL MEETING
CITY COUNCIL
CITY OF SOUTH SAN FRANCISCO
WEDNESDAY, MARCH 22, 2023
5:00 p.m.
Municipal Services Building, Council Chambers
33 Arroyo Drive, South San Francisco, CA
25
SPECIAL CITY COUNCIL MEETING MARCH 22, 2023
MINUTES PAGE 2
Report out of Closed Session by Mayor Nicolas: Direction given. No reportable action.
ADJOURNMENT
Being no further business Mayor Nicolas adjourned the meeting at 5:55 p.m.
Submitted by: Approved by:
Jazmine Miranda Buenaflor Nicolas
Assistant City Clerk Mayor
Approved by the City Council: / /
26
CALL TO ORDER Mayor Nicolas called the meeting to order at 6:00 p.m.
ROLL CALL Councilmember Addiego, present
Councilmember Coleman, present
Councilmember Flores, present
Vice Mayor Nagales, present
Mayor Nicolas, present
AGENDA REVIEW
None.
REMOTE PUBLIC COMMENTS – comments are limited to items on the Special Meeting Agenda.
None.
ADMINISTRATIVE BUSINESS
1. Report regarding Boards and Commissions interviews and appointments to the Planning
Commission. (Rosa Govea Acosta, City Clerk).
a. Interview Applicants for Parking Place Commission:
5:10 p.m. Don Amuzie
5:20 p.m. Brandon Chan
5:30 p.m. Cherie Alonzo
5:40 p.m. Albert Vish
5:50 p.m. Luis Mercado
6:00 p.m. Aysha Pamukcu
6:10 p.m. Karen Duong
6:20 p.m. Carlos Moreno Jr.
6:30 p.m. Mark "Steven" Rush
Council interviewed applicants Amuzie, Chan, Alonzo, Vish, Mercado, Pamukcu, Duong, Moreno,
and Rush.
MINUTES
SPECIAL MEETING
CITY COUNCIL
CITY OF SOUTH SAN FRANCISCO
TUESDAY, MARCH 28, 2023
5:00 p.m.
City Hall - City Manager Conference Room
400 Grand Avenue, South San Francisco, CA
27
SPECIAL CITY COUNCIL MEETING MARCH 28, 2023
MINUTES PAGE 2
b. Discussion and consideration of appointment of applicant to the Planning Commission.
The council may appoint one (1) applicant to a term expiring March 28, 2027.
Applicants: Montiano, Ibrahim, Alejandre, Chao, Amuzie, Chan, Alonzo, Vish,
Mercado, Pamukcu, Duong, Moreno, Rush
Item postponed.
c. Discussion and consideration of appointment of applicant to the Planning Commission.
The council may appoint one (1) applicant to a term expiring December 31, 2026.
Applicants: Montiano, Ibrahim, Alejandre, Chao, Amuzie, Chan, Alonzo, Vish,
Mercado, Pamukcu, Duong, Moreno, Rush
Item postponed.
After discussion and consideration, a consensus of the Council was to postpone appointments to the
Planning Commission until the Special Meeting of the City Council on Tuesday, April 4, 2023.
ADJOURNMENT
Being no further business Mayor Nicolas adjourned the meeting at 7:27 p.m.
Submitted by: Approved:
Jazmine Miranda Buenaflor Nicolas
Assistant City Clerk Mayor
Approved: / /
28
CALL TO ORDER Mayor Nicolas called the meeting to order at 5:05 p.m.
ROLL CALL Councilmember Addiego, present
Councilmember Coleman, present
Councilmember Flores, present
Vice Mayor Nagales, present
Mayor Nicolas, present
AGENDA REVIEW
None.
PUBLIC COMMENTS – comments are limited to items on the Special Meeting Agenda.
• Ethan Mizzi
ADMINISTRATIVE BUSINESS
1. Report regarding Boards and Commissions interviews and appointments to the Planning
Commission. (Rosa Govea Acosta, City Clerk).
a. Interview Applicants for Parking Place Commission:
5:10 p.m. John Baker
The council interviewed applicant Baker.
b. In Person Introductions for Planning Commission applicants:
5:20 p.m. Tony Alejandre
5:30 p.m. Lyman Chao
The council was reintroduced to applicants Alejandre and Chao.
c. Discussion and consideration of appointment of applicant to the Planning Commission.
The council may appoint one (1) applicant to a term expiring April 04, 2027.
Applicants: Montiano, Ibrahim, Alejandre, Chao, Amuzie, Chan, Alonzo, Vish,
Mercado, Pamukcu, Duong, Moreno, Rush, Baker
MINUTES
SPECIAL MEETING
CITY COUNCIL
CITY OF SOUTH SAN FRANCISCO
TUESDAY, APRIL 04, 2023
5:00 p.m.
City Hall - City Manager Conference Room
400 Grand Avenue, South San Francisco, CA
29
SPECIAL CITY COUNCIL MEETING APRIL 04, 2023
MINUTES PAGE 2
After discussion and voting, Council appointed Applicants Aysha Pamukcu to the Planning
Commission to a term expiring April 4, 2027.
Motion− Councilmember Flores/Second− Councilmember Coleman to appoint Aysha Pamukcu to
the Planning Commission for a term expiring April 04, 2027. Unanimously approved by roll call vote.
d. Discussion and consideration of appointment of applicant to the Planning Commission.
The council may appoint one (1) applicant to a term expiring December 31, 2026.
Applicants: Montiano, Ibrahim, Alejandre, Chao, Amuzie, Chan, Alonzo, Vish,
Mercado, Pamukcu, Duong, Moreno, Rush, Baker
After discussion and voting, Council appointed Applicants John Baker to the Planning Commission
to a term expiring December 31, 2026.
Motion− Councilmember Addiego/Second− Councilmember Coleman to appoint John Baker to the
Planning Commission for a term expiring December 31, 2026. Unanimously approved by roll call
vote.
ADJOURNMENT
Being no further business Mayor Nicolas adjourned the meeting at 6:11 p.m.
Submitted by: Approved:
Jazmine Miranda Buenaflor Nicolas
Assistant City Clerk Mayor
Approved: / /
30
CALL TO ORDER Mayor Nicolas called the meeting to order at 6:02 p.m.
ROLL CALL Councilmember Addiego, present
Councilmember Coleman, present
Councilmember Flores, present
Vice Mayor Nagales, present
Mayor Nicolas, present
AGENDA REVIEW
None.
PUBLIC COMMENTS – comments are limited to items on the Special Meeting Agenda.
None.
ADMINISTRATIVE BUSINESS
1. Study Session regarding proposed amendments to the City Council Handbook. (Sky
Woodruff, City Attorney and Rosa Govea Acosta, City Clerk)
Meeting recessed: 6:13 p.m.
Meeting resumed: 6:30 p.m.
City Clerk Govea Acosta presented the report. The council engaged in discussion and proposed
revisions to a portion of the City Council Handbook—a consensus of the council to continue the item
to a future meeting.
Meeting recessed: 9:40 p.m.
Meeting resumed: 9:45 p.m.
ADJOURNMENT
Being no further business Mayor Nicolas adjourned the meeting at 10:00 p.m.
Submitted by: Approved:
Jazmine Miranda Buenaflor Nicolas
Assistant City Clerk Mayor
Approved: / /
MINUTES
SPECIAL MEETING
CITY COUNCIL
CITY OF SOUTH SAN FRANCISCO
TUESDAY, APRIL 04, 2023
6:00 p.m.
City Hall - City Manager Conference Room
400 Grand Avenue, South San Francisco, CA
31
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:23-29 Agenda Date:4/12/2023
Version:1 Item #:5.
Motion to accept the construction improvements of the Caltrain Access &Bay Trail Gap Closure Project
(st2003) as complete.(Jeffrey Chou, Senior Civil Engineer)
RECOMMENDATION
It is recommended that the City Council,by motion,accept the construction improvements of the
Caltrain Access &Bay Trail Gap Closure Project (st2003)in accordance with plans and specifications
(Total Construction Cost $882,983.77).
BACKGROUND/DISCUSSION
On March 9,2022,the City Council of South San Francisco awarded the Caltrain Access &Bay Trail Gap
Closure Project (st2003)to McGuire and Hester to construct pedestrian and bicycle improvements along East
Grand Avenue to connect the East Plaza of the new South San Francisco Caltrain station to the areas of East
Grand Avenue & Gateway Boulevard and East Grand Avenue & Forbes Boulevard/Harbor Way.
The Engineering Division inspected the work and found the project to be complete in accordance with the
contract documents as of March 3,2023.Project location map and construction photos are included as
Attachments 1 and 2, respectively.
FISCAL IMPACT
The project is funded in the City of South San Francisco’s fiscal year 2021-22 Capital Improvement Program
(Project No. st2003) with sufficient funds allocated to cover the Total Construction Budget.
The total construction cost incurred for the project is summarized as follows:
Projected Actual
Construction Contract $565,646.00 $565,646.00
Construction Contingency (actual ~56%)$ 84,847.00 $317,337.77
Total Project Construction Budget $650,493.00 $882,983.77
Construction contingency exceeded the projected amount due to numerous unforeseen existing site conditions
of large rocks,water intrusion,and unstable soil conditions as the Contractor was drilling the traffic signal
foundation.The traffic signal foundation was redesigned with a deeper foundation and a steel casing to resolve
these unforeseen field issues.The redesign required additional time and costs for professional geotechnical
analysis to determine the existing soil parameters and specialty subcontractors to install the foundation.
Other items outside the scope of work such as upgraded bike lane delineators,upgraded traffic signal materials
and pull boxes,relocation of irrigation controller,etc.also contributed to the costs of the construction
contingency.
The Project includes $400,000 of Transportation Development Act (TDA)grant funds with the remaining
funding coming from the East of 101 Traffic Impact Fees funding source.Any remaining local funds available
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File #:23-29 Agenda Date:4/12/2023
Version:1 Item #:5.
after the close of the project will be reallocated to other CIP projects.
RELATIONSHIP TO STRATEGIC PLAN
Approval of this action will contribute to the City’s Strategic Plan outcome of improved Quality of Life by
maintaining and improving infrastructure to serve the public.
CONCLUSION
Staff recommend acceptance of the project as complete.Upon acceptance,a Notice of Completion will be filed
with the County of San Mateo Recorder’s office.At the end of the thirty-day lien period,the retention funds
will be released to the contractor after the City receives a one-year warranty bond.
Attachments:
1.Project Location Map
2.Construction Photos
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ATTACHMENT 2 – CONSTRUCTION PHOTOS
Page 1 of 7
Photo 1: Demolition of the island at the southeast corner of E Grand/Grand Ave
Photo 2: Construction of the new biofiltration area, sidewalk, and curb/gutter at the southeast corner of E
Grand/Grand Ave
35
ATTACHMENT 2 – CONSTRUCTION PHOTOS
Page 2 of 7
Photo 3: Construction of the new biofiltration area at the southeast corner of E Grand/Grand Ave
Photo 4: Completion of the new sidewalk and corner extension at the southeast corner of E Grand/Grand Ave
36
ATTACHMENT 2 – CONSTRUCTION PHOTOS
Page 3 of 7
Photo 5: Encountering large amount of water intrusion during the traffic signal foundation installation
Photo 6: Encountering large amount of water intrusion during the traffic signal foundation installation
37
ATTACHMENT 2 – CONSTRUCTION PHOTOS
Page 4 of 7
Photo 7: Installation of a steel casing for the traffic signal foundation
Photo 8: Installation of the rebar cage for the traffic signal foundation
38
ATTACHMENT 2 – CONSTRUCTION PHOTOS
Page 5 of 7
Photo 9: Construction of concrete sidewalk and curb ramp at the southwest corner of E Grand/Grand Ave
Photo 10: Construction of street paving to conform with new curb ramp and sidewalk at the southwest corner of
E Grand/Grand Ave
39
ATTACHMENT 2 – CONSTRUCTION PHOTOS
Page 6 of 7
Photo 11: Installation of new dual high-visibility crosswalk and bicyclist crossing at the south leg of the E
Grand/Grand Ave intersection
Photo 12: Installation of new protected bicycle lane with delineators along E Grand Ave
40
ATTACHMENT 2 – CONSTRUCTION PHOTOS
Page 7 of 7
Photo 13: Installation of new enhanced pedestrian and bicyclist crossing at the west leg of the E Grand/Grand
Ave intersection
Photo 14: Installation of new green bicyclist box at northwest corner of E Grand/Grand Ave
41
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:23-276 Agenda Date:4/12/2023
Version:1 Item #:6.
Report regarding a resolution authorizing the acceptance of $2,500 in grant funding from NASA in partnership
with Twin Cities PBS,Space Science Institute,National Girls Collaborative,and NASA Langley Research
Center to support networks advancing gender equity and youth involvement in STEM through mentorship and
programming at the Grand Library Makerspace and amending the Library Department’s Fiscal Year 2022-2023
Operating Budget via Budget Amendment 23.059. (Valerie Sommer, Library Director)
RECOMMENDATION
It is recommended that the City Council adopt a resolution authorizing the acceptance of $2,500 in grant
funding from National Aeronautics and Space Administration (NASA)in partnership with Twin Cities
Public Broadcast Service (PBS),Space Science Institute,National Girls Collaborative,and NASA
Langley Research Center to support networks advancing gender equity and youth involvement in
science,technology,engineering,and math (STEM)through mentorship and programming at the Grand
Library Makerspace and amending the Library Department’s Fiscal Year 2022-2023 (FY22-23)
Operating Budget via Budget Amendment 23.059.
BACKGROUND/DISCUSSION
The Library Department has been awarded $2,500 from NASA to support networks advancing gender equity
and youth involvement in STEM through mentorship and programming at the Grand Library Makerspace.This
is part of a NASA Inspires Futures for Tomorrow’s Youth (NIFTY)initiative from Twin Cities PBS in
partnership with the National Girls Collaborative,Space Science Institutes,and NASA Langley Research
Center committed to funding efforts that cultivate a culture shift in girls and youth to build their interest in
STEM careers.We are honored to be one of 20 organizations nationwide to receive this grant.Funds will be
used to purchase activity and program supplies.STEM workshop activities will be available in English and
Spanish in addition to being held near current gender equity exhibits at Grand Library.This grant also includes
a professional development workshop for library staff to ensure programs are grounded in STEM research as
well as diversity and inclusion principles.
In South San Francisco,30.4%of residents identify as Hispanic or Latino.The Grand Avenue Library is located
near downtown where an average of 19%of households are limited English speaking households,and around
70%of these households are families.Of the English learners enrolled in public schools,Spanish is the most
widely used primary language.Schools within walking distance of Grand Avenue Library have high student
populations eligible for free lunch as well.Hispanic and Latino populations continue to be underrepresented in
STEM education and careers, especially the female identifying segments of these populations.
From past surveys and focus groups,our communities have stated a desire for more after school activities with
a STEM focus.To inspire and encourage this community,programs and activities will be created where
students and families can participate and be involved in an environment where they can see a community like
themselves,as leaders in STEM education.Being in an environment with bilingual displays of women in
STEM paired with the opportunity for hands-on learning as well as opportunities to interact with NASA STEM
professionals would be highly impactful for Spanish speaking students and create a sense of belonging
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File #:23-276 Agenda Date:4/12/2023
Version:1 Item #:6.
professionals would be highly impactful for Spanish speaking students and create a sense of belonging
especially for female identifying students who are greatly underrepresented in STEM.
FISCAL IMPACT
Grant funds will be used to amend the Library Department’s current FY 22-23 Operating Budget per Budget
Amendment 23.059. Receipt of these funds does not commit the City to ongoing funding.
RELATIONSHIP TO STRATEGIC PLAN
Grant funding to support gender equity and inclusion at Grand Library Makerspace will provide additional
opportunities for females and minorities in STEM with hands-on learning and mentorship for South San
Francisco students from NASA STEM role models.In addition,a provided professional development workshop
for library staff to ensure the strengthening of learning programs is an action item in the City’s Strategic Plan
under Priority #2: Quality of Life.
CONCLUSION
Receipt of these funds will support gender equity and youth involvement in STEM at Grand Library
Makerspace with hands-on STEM,mentorship opportunities,and further establish a STEM space for bilingual
families.It is recommended that the City Council accept $2,500 in grant funding and amend the Library
Department’s FY 22-23 Operating Budget via Budget Amendment 23.059.
City of South San Francisco Printed on 4/7/2023Page 2 of 2
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:23-277 Agenda Date:4/12/2023
Version:1 Item #:6a.
Resolution authorizing the acceptance of $2,500 in grant funding from NASA in partnership with Twin Cities
PBS,Space Science Institute,National Girls Collaborative,and NASA Langley Research Center to support
networks advancing gender equity and youth involvement in STEM through mentorship and programming at
the Grand Library Makerspace and amending the Library Department’s Fiscal Year 2022-2023 Operating
Budget via Budget Amendment 23.059.
WHEREAS,NASA has awarded the City $2,500 in grant funding to support programs and services promoting
gender equity in Science, Technology, Engineering, Math (STEM); and
WHEREAS,NASA grant funding is part of a NASA Inspires Futures for Tomorrow’s Youth (NIFTY)initiative
from Twin Cities PBS in partnership with the National Girls Collaborative,Space Science Institutes,and NASA
Langley Research Center committed to funding efforts that cultivate a culture shift in girls and youth to build
their interest in STEM careers; and
WHEREAS,the City of South San Francisco (“City”)strategic plan goals include the improvement of quality
of life under priority #2; and
WHEREAS, funds will be used to purchase STEM activity and program supplies; and
WHEREAS, STEM workshop activities will be available in English and Spanish; and
WHEREAS,staff recommends the acceptance of the grant funding in the amount of $2,500 from NASA to
support programs and services promoting gender equity and youth involvement in STEM; and
WHEREAS,the grant funds will be used to amend Fiscal Year (FY)2022-2023 Operating Budget of the
Library Department via Budget Amendment 23.059.
NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of South San Francisco does hereby
accept $2,500 in grant funding from NASA.
BE IT FURTHER RESOLVED that the City Council does hereby approve Budget Amendment 23.059 to
amend the Library Department’s FY 2022-2023 Operating Budget in order to reflect an increase of $2,500.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute a grant agreement and
any other necessary documents on behalf of the City to carry out the intent of this resolution,subject to
approval as to form by the City Attorney.
*****
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File #:23-277 Agenda Date:4/12/2023
Version:1 Item #:6a.
City of South San Francisco Printed on 4/19/2023Page 2 of 2
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:23-265 Agenda Date:4/12/2023
Version:1 Item #:7.
Report regarding a resolution approving the Second Amendment to the service agreement with Du-All Safety
for safety program consultant services for an additional $75,000 for a total contract amount not to exceed
$250,000. (Leah Lockhart, HR Director)
RECOMMENDATION
It is recommended that the City Council adopt a resolution approving the Second Amendment to the existing
service agreement with Du-All Safety for ongoing safety program consulting services for an additional
$75,000, for a total contract amount not to exceed $250,000.
BACKGROUND/DISCUSSION
The City of South San Francisco maintains a robust,proactive employee safety program administered by the
Human Resources Department with support and participation by the Citywide Safety Committee.Since 2016,
the City has contracted with Du-All Safety to provide consulting,training,and safety program management
services to all City departments.A new contract was entered into July,2021,and extended as of July,2022 for
an additional year of service.
In recent years,due to the COVID-19 pandemic,safety consulting services were reduced due to the reduction
in demand for in-person training and services.In-person training was limited to that which was necessary for
Occupational Safety and Health Administration (OSHA)compliance purposes,and additional training was
offered online.Within the past year,there has been an increase in demand for in-person training,as well as
identification of further training needs and safety program updates,requiring additional hours of consulting
services to meet the City’s needs.Major projects and updates planned for the remainder of the fiscal year
include significant revisions to the City’s Injury and Illness Prevention Plan and Covid-19 Prevention Program
due to recent regulatory changes;training on Safety Responsibilities for Managers and Supervisors;and
additional courses for injury prevention.Du-All continues to work with Departments to update and maintain
compliant written safety programs,conduct periodic facility inspections and assessments;on-site hearing tests
and respiratory protection fit testing;and evaluation of accident reports,trends and benchmarks.Additionally,
online webinars continue to be made available for in-demand safety topics.
In order to ensure successful continuation of safety monitoring,inspection,and education and accommodate an
increase in training demand,staff is requesting to increase the service contract amount with Du-All Safety by
an additional $75,000 for the July 1,2022 through August 1,2023.Staff will conduct a new request for
proposals prior to August 1,2023,to ensure the City continues to receive the highest value for consulting
services for its safety program.
FISCAL IMPACT
There will be no fiscal impact to the General Fund budget in FY 2022-23.The Human Resources budget
includes up to $80,000 for Safety Consulting Services for the fiscal year 2023-2023.There is enough budget in
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File #:23-265 Agenda Date:4/12/2023
Version:1 Item #:7.
the Human Resources Department FY 2022-23 existing budget to cover the additional $75,000.
RELATIONSHIP TO STRATEGIC PLAN
The safety program supports the City Council’s strategic priorities of Workforce Development by
demonstrating a commitment to facilitating a safe and healthy work environment for employees and in turn
creating and maintaining a culture of safety citywide,and fiscal sustainability,by reducing costs associated
with workplace injuries and illnesses while increasing systemic efficiencies and productivity.
CONCLUSION
Staff recommends that City Council approve a resolution to the Second Amendment to the existing service
agreement with Du-All Safety for an additional $75,000,for a total contract amount not to exceed $250,000,in
order to provide for additional training and services through August 1, 2023.
City of South San Francisco Printed on 4/7/2023Page 2 of 2
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:23-266 Agenda Date:4/12/2023
Version:1 Item #:7a.
Resolution approving the Second Amendment to the service agreement with Du-All Safety for safety program
consultant services for an additional $75,000 for a total contract amount not to exceed $250,000.
WHEREAS, the City Council of the City of South San Francisco approved a consulting services agreement
(“Agreement”) with Du-All Safety effective July 1, 2021 through July 1, 2022 in the amount of $100,000 for
safety consulting services, including assessment, development and updates to safety programs, policies and
procedures as well as provision of on-site and online safety training, included as Exhibit A; and
WHEREAS, on September 28, 2022 the City Council approved the first amendment to the agreement (“First
Amendment”) to extend the term for an additional year through June 30, 2023 and to increase the contract
amount by $75,000 for a contract total not to exceed $175,000, included as Exhibit B; and
WHEREAS, in order to support the increase in in-person training demand and the continuation of safety
monitoring, inspection and education efforts currently underway, staff has prepared an amendment (“Second
Amendment”) to the Agreement to increase the contract amount by $75,000 for a total not to exceed $250,000
through August 1, 2023; and
WHEREAS, the City Council now desires to approve the Second Amendment to the Agreement with Du-All
Safety for safety program consultant services.
NOW, THEREFORE BE IT RESOLVED, that the City Council of South San Francisco hereby approves the
Second Amendment to the service agreement with Du-All Safety for an additional $75,000 for safety program
consultant services for the period of July 1, 2022 through August 1, 2023.
BE IT FURTHER RESOLVED, that the City Council hereby authorizes the City Manager to execute the
Second Amendment to the service agreement with Du-All Safety, included as Exhibit C.
BE IT FURTHER RESOLVED, that the City Council hereby authorizes the City Manager to make any
revisions, amendments, corrections or modifications to the Second Amendment to the service agreement,
subject to the approval as to form by the City Attorney, deemed necessary to carry out the intent of this
Resolution and which do not materially alter or increase the City’s obligations thereunder; and to take any
related action reasonably necessary to carry out the intent of this Resolution.
*****
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Consulting Services Agreement between [Rev:11.14.2016] July 1, 2021
City of South San Francisco and Du-All Safety Page 1 of 15
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF SOUTH SAN FRANCISCO AND
DU-ALL SAFETY
THIS AGREEMENT for consulting services is made by and between the City of South San Francisco
(“City”) and Du-All Safety (“Consultant”) (together sometimes referred to as the “Parties”) as of July 1, 2021
(the “Effective Date”).
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant
shall provide to City the services described in the Scope of Work attached as Exhibit A, attached hereto and
incorporated herein, at the time and place and in the manner specified therein. In the event of a conflict in
or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall
end on July 1, 2022 the date of completion specified in Exhibit A, and Consultant shall
complete the work described in Exhibit A prior to that date, unless the term of the Agreement
is otherwise terminated or extended, as provided for in Section 8. The time provided to
Consultant to complete the services required by this Agreement shall not affect the City’s
right to terminate the Agreement, as provided for in Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this
Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Consultant is engaged in the geographical area in
which Consultant practices its profession. Consultant shall prepare all work products
required by this Agreement in a substantial, first-class manner and shall conform to the
standards of quality normally observed by a person practicing in Consultant's profession.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its sole discretion, at any time
during the term of this Agreement, desires the reassignment of any such persons, Consultant
shall, immediately upon receiving notice from City of such desire of City, reassign such
person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance provided
in Sections 1.1 and 1.2 above and to satisfy Consultant’s obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $100,000,
notwithstanding any contrary indications that may be contained in Consultant’s proposal, for services to be
performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this
Agreement and Consultant’s proposal, attached as Exhibit A, regarding the amount of compensation, the
Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the
time and in the manner set forth herein. The payments specified below shall be the only payments from City
to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City
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in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for
duplicate services performed by more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant’s estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once per month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. Invoices shall contain the following information:
▪ Serial identifications of progress bills (i.e., Progress Bill No. 1 for the first invoice,
etc.);
▪ The beginning and ending dates of the billing period;
▪ A task summary containing the original contract amount, the amount of prior billings,
the total due this period, the balance available under the Agreement, and the
percentage of completion;
▪ At City’s option, for each work item in each task, a copy of the applicable time entries
or time sheets shall be submitted showing the name of the person doing the work,
the hours spent by each person, a brief description of the work, and each
reimbursable expense;
▪ The total number of hours of work performed under the Agreement by Consultant
and each employee, agent, and subcontractor of Consultant performing services
hereunder, as well as a separate notice when the total number of hours of work by
Consultant and any individual employee, agent, or subcontractor of Consultant
reaches or exceeds eight hundred (800) hours, which shall include an estimate of
the time necessary to complete the work described in Exhibit A;
▪ The amount and purpose of actual expenditures for which reimbursement is sought;
▪ The Consultant’s signature.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City shall
have thirty (30) days from the receipt of an invoice that complies with all of the requirements
above to pay Consultant. City shall have no obligation to pay invoices submitted ninety (90)
days past the performance of work or incurrence of cost.
2.3 Final Payment. City shall pay the last ten percent (10%) of the total sum due pursuant to
this Agreement within sixty (60) days after completion of the services and submittal to City
of a final invoice, if all services required have been satisfactorily performed.
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2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Consultant in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement, unless
the Agreement is modified prior to the submission of such an invoice by a properly executed
change order or amendment.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on the compensation schedule attached hereto and incorporated herein
as Exhibit B.
2.6 Reimbursable Expenses. Reimbursable expenses are included in the full-day and half-day
rate as expressed in Exhibit B. Reimbursable expenses are included in the total amount of
compensation provided under this Agreement that shall not be exceeded.
2.7 Payment of Taxes, Tax Withholding. Consultant is solely responsible for the payment of
employment taxes incurred under this Agreement and any similar federal or state taxes. To
be exempt from tax withholding, Consultant must provide City with a valid California
Franchise Tax Board form 590 (“Form 590”), as may be amended and such Form 590 shall
be attached hereto and incorporated herein as Exhibit D. Unless Consultant provides City
with a valid Form 590 or other valid, written evidence of an exemption or waiver from
withholding, City may withhold California taxes from payments to Consultant as required by
law. Consultant shall obtain, and maintain on file for three (3) years after the termination of
this Agreement, Form 590s (or other written evidence of exemptions or waivers) from all
subcontractors. Consultant accepts sole responsibility for withholding taxes from any non-
California resident subcontractor and shall submit written documentation of compliance with
Consultant’s withholding duty to City upon request.
2.8 Payment upon Termination. In the event that the City or Consultant terminates this
Agreement pursuant to Section 8, the City shall compensate the Consultant for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Consultant shall maintain adequate logs and
timesheets in order to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost
and expense, provide all facilities and equipment that may be necessary to perform the services required by
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this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section,
and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be
reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and
the information in possession of the City. The location, quantity, and time of furnishing those facilities shall
be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve
incurring any direct expense, including but not limited to computer, long-distance telephone or other
communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement,
Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and
amounts of insurance listed below against claims for injuries to persons or damages to property that may
arise from or in connection with the performance of the work hereunder by the Consultant and its agents,
representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall
provide Certificates of Insurance, attached hereto and incorporated herein as Exhibit B, indicating that
Consultant has obtained or currently maintains insurance that meets the requirements of this section and
under forms of insurance satisfactory, in all respects, to the City. Consultant shall maintain the insurance
policies required by this section throughout the term of this Agreement. The cost of such insurance shall be
included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any
subcontract until Consultant has obtained all insurance required herein for the subcontractor(s).
4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory
Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all
persons employed directly or indirectly by Consultant. The Statutory Workers’
Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of
not less than ONE MILLION DOLLARS ($1,000,000) per accident. In the alternative,
Consultant may rely on a self-insurance program to meet those requirements, but only if the
program of self-insurance complies fully with the provisions of the California Labor Code.
Determination of whether a self-insurance program meets the standards of the Labor Code
shall be solely in the discretion of the Contract Administrator (as defined in Section 10.9).
The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is
provided, shall waive all rights of subrogation against the City and its officers, officials,
employees, and volunteers for loss arising from work performed under this Agreement.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain
commercial general and automobile liability insurance for the term of this Agreement
in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per
occurrence, combined single limit coverage for risks associated with the work
contemplated by this Agreement. If a Commercial General Liability Insurance or an
Automobile Liability form or other form with a general aggregate limit is used, either
the general aggregate limit shall apply separately to the work to be performed under
this Agreement or the general aggregate limit shall be at least twice the required
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occurrence limit. Such coverage shall include but shall not be limited to, protection
against claims arising from bodily and personal injury, including death resulting
there from, and damage to property resulting from activities contemplated under this
Agreement, including the use of owned and non-owned automobiles.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 or GL 0002 (most recent editions) covering comprehensive General
Liability and Insurance Services Office form number GL 0404 covering Broad Form
Comprehensive General Liability. Automobile coverage shall be at least as broad
as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 8
and 9. No endorsement shall be attached limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the insurance
coverage or added as a certified endorsement to the policy:
a. The insurance shall cover on an occurrence or an accident basis, and not
on a claims-made basis.
b. Any failure of Consultant to comply with reporting provisions of the policy
shall not affect coverage provided to City and its officers, employees,
agents, and volunteers.
4.3 Professional Liability Insurance.
4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for
the period covered by this Agreement professional liability insurance for licensed
professionals performing work pursuant to this Agreement in an amount not less
than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’
errors and omissions. Any deductible or self-insured retention shall not exceed ONE
HUNDRED FIFTY THOUSAND DOLLARS $150,000 per claim.
4.3.2 Claims-made limitations. The following provisions shall apply if the professional
liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the
date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be provided
for at least five (5) years after completion of the Agreement or the work, so
long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another
claims-made policy form with a retroactive date that precedes the date of
this Agreement, Consultant must provide extended reporting coverage for
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a minimum of five (5) years after completion of the Agreement or the work.
The City shall have the right to exercise, at the Consultant’s sole cost and
expense, any extended reporting provisions of the policy, if the Consultant
cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be submitted to the City
prior to the commencement of any work under this Agreement.
4.4 All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than A:VII.
4.4.2 Verification of coverage. Prior to beginning any work under this Agreement,
Consultant shall furnish City with complete copies of all policies delivered to
Consultant by the insurer, including complete copies of all endorsements attached
to those policies. All copies of policies and certified endorsements shall show the
signature of a person authorized by that insurer to bind coverage on its behalf. If
the City does not receive the required insurance documents prior to the Consultant
beginning work, it shall not waive the Consultant’s obligation to provide them. The
City reserves the right to require complete copies of all required insurance policies
at any time.
4.4.3 Notice of Reduction in or Cancellation of Coverage. A certified endorsement
shall be attached to all insurance obtained pursuant to this Agreement stating that
coverage shall not be suspended, voided, canceled by either party, or reduced in
coverage or in limits, except after thirty (30) days' prior written notice by certified
mail, return receipt requested, has been given to the City. In the event that any
coverage required by this section is reduced, limited, cancelled, or materially
affected in any other manner, Consultant shall provide written notice to City at
Consultant’s earliest possible opportunity and in no case later than ten (10) working
days after Consultant is notified of the change in coverage.
4.4.4 Additional insured; primary insurance. City and its officers, employees, agents,
and volunteers shall be covered as additional insureds with respect to each of the
following: liability arising out of activities performed by or on behalf of Consultant,
including the insured’s general supervision of Consultant; products and completed
operations of Consultant, as applicable; premises owned, occupied, or used by
Consultant; and automobiles owned, leased, or used by the Consultant in the course
of providing services pursuant to this Agreement. The coverage shall contain no
special limitations on the scope of protection afforded to City or its officers,
employees, agents, or volunteers.
A certified endorsement must be attached to all policies stating that coverage is
primary insurance with respect to the City and its officers, officials, employees and
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volunteers, and that no insurance or self-insurance maintained by the City shall be
called upon to contribute to a loss under the coverage.
4.4.5 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain
the approval of City for the self-insured retentions and deductibles before beginning
any of the services or work called for by any term of this Agreement. Further, if the
Consultant’s insurance policy includes a self-insured retention that must be paid by
a named insured as a precondition of the insurer’s liability, or which has the effect
of providing that payments of the self-insured retention by others, including
additional insureds or insurers do not serve to satisfy the self-insured retention, such
provisions must be modified by special endorsement so as to not apply to the
additional insured coverage required by this agreement so as to not prevent any of
the parties to this agreement from satisfying or paying the self-insured retention
required to be paid as a precondition to the insurer’s liability. Additionally, the
certificates of insurance must note whether the policy does or does not include any
self-insured retention and also must disclose the deductible.
During the period covered by this Agreement, only upon the prior express written
authorization of Contract Administrator, Consultant may increase such deductibles
or self-insured retentions with respect to City, its officers, employees, agents, and
volunteers. The Contract Administrator may condition approval of an increase in
deductible or self-insured retention levels with a requirement that Consultant
procure a bond, guaranteeing payment of losses and related investigations, claim
administration, and defense expenses that is satisfactory in all respects to each of
them.
4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.4.7 Wasting Policy. No insurance policy required by Section 4 shall include a “wasting”
policy limit.
4.4.8 Variation. The City may approve a variation in the foregoing insurance
requirements, upon a determination that the coverage, scope, limits, and forms of
such insurance are either not commercially available, or that the City’s interests are
otherwise fully protected.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or
maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are alternatives to other remedies City may have and are not the exclusive remedy for
Consultant’s breach:
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a. Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
b. Order Consultant to stop work under this Agreement or withhold any payment that
becomes due to Consultant hereunder, or both stop work and withhold any payment,
until Consultant demonstrates compliance with the requirements hereof; and/or
c. Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. To the fullest extent
permitted by law, Consultant shall indemnify, defend with counsel selected by the City, and hold harmless
the City and its officials, officers, employees, agents, and volunteers from and against any and all losses,
liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury,
loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the
extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or
its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality
or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of
life, damage to property, or violation of law arises wholly from the gross negligence or willful misconduct of
the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees,
subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation
of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend
as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and
endorsements required under this Agreement does not relieve Consultant from liability under this
indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any
damages or claims for damages whether or not such insurance policies shall have been determined to apply.
By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and
that it is a material element of consideration.
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under
this Agreement is determined by a court of competent jurisdiction or the California Public Employees
Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions
for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the
payment of any penalties and interest on such contributions, which would otherwise be the responsibility of
City.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall
be an independent contractor and shall not be an employee of City. City shall have the right
to control Consultant only insofar as the results of Consultant's services rendered pursuant
to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however,
otherwise City shall not have the right to control the means by which Consultant
accomplishes services rendered pursuant to this Agreement. Notwithstanding any other
City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant
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and any of its employees, agents, and subcontractors providing services under this
Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all
claims to, any compensation, benefit, or any incident of employment by City, including but
not limited to eligibility to enroll in the California Public Employees Retirement System
(PERS) as an employee of City and entitlement to any contribution to be paid by City for
employer contributions and/or employee contributions for PERS benefits.
6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent
or to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant and any subcontractors shall
comply with all applicable rules and regulations to which City is bound by the terms of such
fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its
employees, agents, and any subcontractors have all licenses, permits, qualifications, and
approvals, including from City, of what-so-ever nature that are legally required to practice
their respective professions. Consultant represents and warrants to City that Consultant and
its employees, agents, any subcontractors shall, at their sole cost and expense, keep in
effect at all times during the term of this Agreement any licenses, permits, and approvals
that are legally required to practice their respective professions. In addition to the foregoing,
Consultant and any subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the
basis of a person’s race, religion, color, national origin, age, physical or mental handicap or
disability, medical condition, marital status, sex, or sexual orientation, against any employee,
applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient
of, or applicant for any services or programs provided by Consultant under this Agreement.
Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and
requirements related to equal opportunity and nondiscrimination in employment, contracting,
and the provision of any services that are the subject of this Agreement, including but not
limited to the satisfaction of any positive obligations required of Consultant thereby.
Consultant shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
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Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written
notification to Consultant.
Consultant may cancel this Agreement for cause upon 30 days’ written notice to City and
shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services
performed to the date of notice of termination; City, however, may condition payment of such
compensation upon Consultant delivering to City all materials described in Section 9.1.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Consultant understands and
agrees that, if City grants such an extension, City shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for in this Agreement.
Similarly, unless authorized by the Contract Administrator, City shall have no obligation to
reimburse Consultant for any otherwise reimbursable expenses incurred during the
extension period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the
parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
determination of Consultant’s unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Consultant shall not assign or subcontract any
portion of the performance contemplated and provided for herein, other than to the
subcontractors noted in the proposal, without prior written approval of the Contract
Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions
of this Agreement allocating liability between City and Consultant shall survive the
termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms
of this Agreement, City’s remedies shall include, but not be limited to, the following:
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8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work described
in Exhibit A that is unfinished at the time of breach and the amount that City would
have paid Consultant pursuant to Section 2 if Consultant had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models,
charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records,
files, or any other documents or materials, in electronic or any other form, that Consultant
prepares or obtains pursuant to this Agreement and that relate to the matters covered
hereunder shall be the property of the City. Consultant hereby agrees to deliver those
documents to the City upon termination of the Agreement. It is understood and agreed that
the documents and other materials, including but not limited to those described above,
prepared pursuant to this Agreement are prepared specifically for the City and are not
necessarily suitable for any future or other use. City and Consultant agree that, until final
approval by City, all data, plans, specifications, reports and other documents are confidential
and will not be released to third parties without prior written consent of both parties unless
required by law.
9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of three (3) years, or for any longer period
required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this
Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of the
City. Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the
Agreement shall be subject to the examination and audit of the State Auditor, at the request
of City or as part of any audit of the City, for a period of three (3) years after final payment
under the Agreement.
9.4 Records Submitted in Response to an Invitation to Bid or Request for Proposals. All
responses to a Request for Proposals (RFP) or invitation to bid issued by the City become
the exclusive property of the City. At such time as the City selects a bid, all proposals
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received become a matter of public record, and shall be regarded as public records, with
the exception of those elements in each proposal that are defined by Consultant and
plainly marked as “Confidential,” "Business Secret" or “Trade Secret."
The City shall not be liable or in any way responsible for the disclosure of any such
proposal or portions thereof, if Consultant has not plainly marked it as a "Trade Secret" or
"Business Secret," or if disclosure is required under the Public Records Act.
Although the California Public Records Act recognizes that certain confidential trade secret
information may be protected from disclosure, the City may not be in a position to establish
that the information that a prospective bidder submits is a trade secret. If a request is
made for information marked "Trade Secret" or "Business Secret," and the requester takes
legal action seeking release of the materials it believes does not constitute trade secret
information, by submitting a proposal, Consultant agrees to indemnify, defend and hold
harmless the City, its agents and employees, from any judgment, fines, penalties, and
award of attorneys fees awarded against the City in favor of the party requesting the
information, and any and all costs connected with that defense. This obligation to
indemnify survives the City's award of the contract. Consultant agrees that this
indemnification survives as long as the trade secret information is in the City's possession,
which includes a minimum retention period for such documents.
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including arbitration or an
action for declaratory relief, to enforce or interpret the provision of this Agreement, the
prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief
to which that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the parties agree that trial of such action shall be vested exclusively in the state
courts of California in the County San Mateo or in the United States District Court for the
Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
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City of South San Francisco and Du-All Safety Page 13 of 15
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies
and other printed material on recycled paper to the extent it is available at equal or less cost
than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place Consultant
in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at
California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this Agreement
that would violate California Government Code Sections 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12)
months, an employee, agent, appointee, or official of the City. If Consultant was an
employee, agent, appointee, or official of the City in the previous twelve (12) months,
Consultant warrants that it did not participate in any manner in the forming of this Agreement.
Consultant understands that, if this Agreement is made in violation of Government Code
§1090 et.seq., the entire Agreement is void and Consultant will not be entitled to any
compensation for services performed pursuant to this Agreement, including reimbursement
of expenses, and Consultant will be required to reimburse the City for any sums paid to the
Consultant. Consultant understands that, in addition to the foregoing, it may be subject to
criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be
disqualified from holding public office in the State of California.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by Leah Lockhart
("Contract Administrator"). All correspondence shall be directed to or through the Contract
Administrator or his or her designee.
10.10 Notices. All notices and other communications which are required or may be given under
this Agreement shall be in writing and shall be deemed to have been duly given (i) when
received if personally delivered; (ii) when received if transmitted by telecopy, if received
during normal business hours on a business day (or if not, the next business day after
delivery) provided that such facsimile is legible and that at the time such facsimile is sent
the sending Party receives written confirmation of receipt; (iii) if sent for next day delivery
to a domestic address by recognized overnight delivery service (e.g., Federal Express);
and (iv) upon receipt, if sent by certified or registered mail, return receipt requested. In
each case notice shall be sent to the respective Parties as follows:
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City of South San Francisco and Du-All Safety Page 14 of 15
Consultant:
Du-All Safety
45950 Hotchkiss Street
Fremont, CA 94539
safety@du-all.com/ (510) 651-8289
City:
City Clerk
City of South San Francisco
400 Grand Avenue
South San Francisco, CA 94080
10.11 Integration. This Agreement, including all Exhibits attached hereto, and incorporated
herein, represents the entire and integrated agreement between City and Consultant and
supersedes all prior negotiations, representations, or agreements, either written or oral
pertaining to the matters herein.
10.12 Counterparts. This Agreement may be executed in counterparts and/or by facsimile or
other electronic means, and when each Party has signed and delivered at least one such
counterpart, each counterpart shall be deemed an original, and, when taken together with
other signed counterpart, shall constitute one Agreement, which shall be binding upon and
effective as to all Parties..
10.13 Construction. The headings in this Agreement are for the purpose of reference only and
shall not limit or otherwise affect any of the terms of this Agreement. The parties have had
an equal opportunity to participate in the drafting of this Agreement; therefore any
construction as against the drafting party shall not apply to this Agreement.
The Parties have executed this Agreement as of the Effective Date.
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CITY OF SOUTH SAN FRANCISCO Consultants
____________________________ _____________________________________
City Manager Mike Connelly
Chief Operating Officer
Attest:
_____________________________
City Clerk
Approved as to Form:
____________________________
City Attorney
2729962.1
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EXHIBIT A
SCOPE OF SERVICES
See Insert – DU-ALL Memorandum of Agreement for Environmental Health & Safety Maintenance
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EXHIBIT B
INSURANCE CERTIFICATES
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FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SOUTH
SAN FRANCISCO AND DU-ALL SAFETY
THIS FIRST AMENDMENT TO THE CONSULTING SERVICES AGREEMENT is made
at South San Francisco, California, as of July 1, 2022 by and between THE CITY OF SOUTH
SAN FRANCISCO a municipal corporation, and DU-ALL SAFETY
(sometimes referred together as the who agree as follows:
RECITALS
A. On July 1, 2021, City and Contractor entered that certain Consulting Services
Agreement whereby Contractor agreed to provide safety consulting services
and training for the City. A true and correct copy of the Agreement and its exhibits is
attached as Exhibit A.
B. City and Contractor now desire to amend the Agreement.
NOW, THEREFORE, for and in consideration of the promises and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City
and Contractor hereby agree as follows:
1. All terms which are defined in the Agreement shall have the same meaning when used in
this Amendment, unless specifically provided herein to the contrary.
2. Section 1. The July 1, 2022 end date for the term of services identified in
Section 1 of the Agreement is hereby replaced with June 30, 2023.
3. Section 2. Section 2 of the Agreement shall be amended such that the City
agrees to pay Contractor a sum not to exceed $175,000, with the understanding
that $99,669 has already been paid to the Contractor.
the Agreement unless additional payments are authorized in accordance with
the terms of the Agreement and said terms of payment are mutually agreed to
by and between the parties in writing.
4. Section 2. Section 2 of the Agreement shall be amended such that the updated
fee schedule reflecting current compensation rates is attached as Exhibit B.
All other terms, conditions and provisions in the Agreement remain in full force and effect. If
there is a conflict between the terms of this Amendment and the Agreement, the terms of the
Agreement will control unless specifically modified by this Amendment.
Dated: ____________________________________
66
CITY OF SOUTH SAN FRANCISCO CONTRACTOR
By: By:
CityManager Du-All Safety
DU-ALL SAFETY
Approved as to Form:
ATTEST:
By: ____________________________ __________________________
CITY CLERK
CityAttorney
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45950 HOTCHKISS ST. FREMONT, CA 94539 TEL: (510) 651-8289 FAX: (510) 651-8937
http://www.du-all.com E-mail: safety@du-all.com
Rev. 9.22.20
Service Price List
Monthly EH&S Maintenance Service Pricing Levels
Level A 60+ hours per month- $155/hr
Level B 40 hours per month- $165/hr
Level C 24 hours per month- $180/hr
Level D 8 to 24 hours per month- $195/hr
Support Clients are not charged for copies, certificates, mileage, postage, labels, postings, cards, etc.
The above pricing levels are based on an annual service agreement with minimum time required each month.À la
Carte Project Rates for Non-Maintenance Service Client:
$1,975 Full- Day Rate
$1,075 Half- Day Rate
Webcast Recording and Web Hosting Fees
$200* Per Class per Month for EH&S Maintenance Clients
$300* Per Class per Month for Non- EH&S Maintenance Clients
*Does not include time to tailor presentation
Online Course Fees:
$21 Basic OSHA Safety Course for EH&S Maintenance Clients
$31 Basic OSHA Safety Course for non- EH&S Maintenance Clients
$75 OSHA 10-hour Construction Safety Course
$145 OSHA 30-hour Construction Safety Course
COVID-19 Support Service Prices:
$650 One-Time Set-up Fee (Includes custom-made QR forms, building entrance posters, visitor
instructions), plus service fee (includes daily reports) dependent on number and size of locations.
Equipment
Du-All Safety sells equipment and PPE. Please call for pricing.
95
SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF
SOUTH SAN FRANCISCO AND DU-ALL SAFETY
THIS SECOND AMENDMENT TO THE CONSULTING SERVICES AGREEMENT is
made at South San Francisco, California, as of April 13, 2023 by and between THE CITY OF
SOUTH SAN FRANCISCO (“City”), a municipal corporation, and DU-ALL SAFETY
(“Contractor”), (sometimes referred together as the “Parties”) who agree as follows:
RECITALS
A. On July 1, 2021, City and Contractor entered that certain Consulting Services
Agreement (“Agreement”) whereby Contractor agreed to provide safety consulting services
and training for the City. A true and correct copy of the Agreement and its exhibits is
attached as Exhibit A.
B. On July 1, 2022, City and Contractor amended the Consulting Services
Agreement (“First Amendment”) to provide for an additional year of Consultant services. A
true and correct copy of the First Amendment and its exhibits is attached as Exhibit B.
C. City and Contractor now desire to amend the Agreement.
NOW, THEREFORE, for and in consideration of the promises and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City
and Contractor hereby agree as follows:
1. All terms which are defined in the Agreement shall have the same meaning when used in
this Amendment, unless specifically provided herein to the contrary.
2. Section 1. The June 30, 2023 end date for the term of services identified in
Section 1 of the Agreement is hereby replaced with August 1, 2023.
3. Section 2. Section 2 of the Agreement shall be amended such that the City
agrees to pay Contractor a sum not to exceed $250,000, with the understanding
that $175,000 has already been paid to the Contractor.
All other terms, conditions and provisions in the Agreement remain in full force and effect. If
there is a conflict between the terms of this Amendment and the Agreement, the terms of the
Agreement will control unless specifically modified by this Amendment.
Dated: ____________________________________
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CITY OF SOUTH SAN FRANCISCO CONTRACTOR
By: By:
City Manager Du-All Safety
DU-ALL SAFETY
Approved as to Form:
ATTEST:
By: ____________________________ __________________________
CITY CLERK
City Attorney
97
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:23-288 Agenda Date:4/12/2023
Version:1 Item #:8.
Report regarding a resolution determining the existence of an emergency and the need to make emergency
repairs in response to the February 2023 flooding event at the Roberta Cerri Teglia Center,and authorizing the
City Manager to enter into an agreement for said work.(Greg Mediati, Director of Parks and Recreation)
RECOMMENDATION
It is recommended that the City Council adopt a resolution determining the existence of an emergency
and the need to complete emergency repairs in response to the February 2023 flooding event at the
Roberta Cerri Teglia Center,and authorizing the City Manager to enter into an agreement with
ServePro of South San Francisco for emergency facility restoration work in an amount not to exceed
$83,708.17.
BACKGROUND/DISCUSSION
At approximately 6:45 p.m.on February 9,2023,a toilet valve broke on the third floor,which resulted in
significant flooding of the Roberta Cerri Teglia Center.When the valve catastrophically failed,a pressurized
potable water line sent thousands of gallons of fresh water into all three floors of the center in a matter of
minutes.
Maintenance staff were present and were able to shut off water to the building with the assistance of the Fire
Department.Recreation programs were also being held on the second floor during the flooding event.Program
participants and staff were quickly and safely evacuated without injuries.
Once the water was shut off,Building Maintenance Division and Fire Department staff worked to remove
standing water from the building.Despite their quick and arduous efforts,water damage was incurred,
including damage to ceiling tiles, the fire alarm system, carpeting, and hardwood and tile floors.
Understanding the emergent need to remove water as quickly as possible and the specialized equipment
required to prevent further damage to the facility and development of mold,a local restoration vendor,ServPro
of South San Francisco, was immediately called.
Work to extract water from floors,ceilings,and walls began late that night and continued into the early morning
hours.Contractors deployed 88 air movers,6 thermal heat panels,12 dehumidifiers,and several floor water
extractors.Water was removed from flooring,sheetrock,and ceilings using the least invasive means possible.
Equipment and restoration work continued through February 29.
Due to the emergent nature of the work,restoration was performed on a time and materials basis.Work totaled
$83,708.17.All task reports and billing statements have been audited by staff for completeness and accuracy
based on time and materials.A claim is being submitted to the City’s insurance provider,PLAN JPA.Staff
anticipates that all expenses other than the $10,000 deductible will be reimbursed to the City.
Programs,to the maximum extent feasible,have been relocated to alternate facilities.Due to licensing
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Programs,to the maximum extent feasible,have been relocated to alternate facilities.Due to licensing
constraints, Adult Day Care remains closed as no alternative licensable facility is currently available.
Additional work,such as painting walls,replacing carpet,flooring and baseboards,ceiling repairs,and fire
alarm repairs are being coordinated presently.It is expected that the facility will be reopened in phases starting
in May. Additional details on the project schedule will be shared as they are confirmed.
At the time of authorizing restoration work,the site was in a fragile and hazardous condition.Without the
emergency declaration,the additional time that it takes to create bid documents,solicit public bids,and locate a
responsive contractor willing to undertake the project would prolong the dangerous and hazardous condition
created by the flood and the rapid and permanent deterioration of the Teglia Center.
As required by Public Contract Code section 22050(c)(1),this emergency work will require approval by the
City Council with a four-fifths vote.Given this work is complete,and the contract is being issued retroactively,
the emergency declaration will end after the issuance of the contract.No continuation of the emergency
declaration will be required for the subsequent repairs to the facility as this work will be solicited via bids
consistent with uniform public bidding procedures.
FISCAL IMPACT
As part of the fiscal year 2022-23 mid-year budget,funding in the amount of $350,000 was authorized for
repairs.No additional budget is necessary at this time.Staff anticipates that all expenses other than the $10,000
deductible will be reimbursed to the City from PLAN JPA, the City’s pooled insurance provider.
RELATIONSHIP TO STRATEGIC PLAN
This item before the City Council supports the City’s public safety goal by authorizing work to make the
Roberta Cerri Teglia Center safe for the public to re-enter, and to protect the property from continued flood
related damage.
CONCLUSION
It is recommended that the City Council approve a resolution and adopt findings that confirm the existence of
an emergency and the need to complete emergency repairs in response to the February 2023 flooding event at
the Roberta Cerri Teglia Center,and authorize the City Manager to enter into an agreement with ServePro of
South San Francisco for emergency facility restoration work in an amount not to exceed $83,708.17.
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:23-289 Agenda Date:4/12/2023
Version:1 Item #:8a.
Resolution determining the existence of an emergency and the need to make emergency repairs in response to
the February 2023 flooding event at the Roberta Cerri Teglia Center,and authorizing the City Manager to enter
into an agreement with ServePro of South San Francisco for emergency facility restoration work in an amount
not to exceed $83,708.17.
WHEREAS,at approximately 6:45 p.m.on February 9,2023,a toilet valve broke on the third floor,which
resulted in significant flooding of the Roberta Cerri Teglia Center; and
WHEREAS,when the valve catastrophically failed,a pressurized potable water line sent thousands of gallons
of fresh water into all three floors of the center; and
WHEREAS,once the water was shut off,Building Maintenance Division and Fire Department staff worked to
remove standing water from the building; and
WHEREAS,despite their quick and arduous efforts,water damage was incurred,including damage to ceiling
tiles, the fire alarm system, carpeting, and hardwood and tile floors; and
WHEREAS,to remediate such dangerous conditions,and understanding the urgent need to remove water as
quickly as possible and the specialized equipment required to prevent further damage to the facility and
development of mold, a local restoration vendor, ServPro of South San Francisco, was immediately called; and
WHEREAS, at the time of authorizing restoration work, the site was in a fragile and hazardous condition; and
WHEREAS,without taking emergency actions,the additional time that it takes to create bid documents,solicit
public bids,and locate a responsive contractor willing to undertake the project would prolong the dangerous
and hazardous condition created by the flood and the rapid and permanent deterioration of the Teglia Center;
and
WHEREAS,due to the emergent nature of the work,restoration was performed on a time and materials basis
totaling $83,708.17; and
WHEREAS,on September 12,2018,the City Council adopted a resolution delegating authority to the City
Manager to order any emergency action and enter into necessary contracts pursuant to the provisions and
restrictions of California Public Contract Code Section 22050.
NOW THEREFORE, the City Council of the City of South San Francisco hereby finds as follows:
A.The above recitals are true and correct and incorporated herein by this reference.
B.Pursuant to California Public Contract Code Section 20168,public interest and necessity
demand the immediate commencement of the above-described work at the Roberta Cerri Teglia Center and the
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Version:1 Item #:8a.
demand the immediate commencement of the above-described work at the Roberta Cerri Teglia Center and the
expenditure of public money for such work to safeguard health and property.
C.Pursuant to California Public Contract Code Section 22050 and the authority delegated by the
City Council on September 12,2018,and based on substantial evidence presented by the circumstances of the
flooding event and City staff’s assessments,including but not limited to those from the City’s public safety and
Parks and Recreation departments,the staff report prepared concerning this resolution,and as set forth in this
resolution, the City Manager would be authorized to order emergency facility restoration work.
D.The above-described emergency conditions and work would not permit additional delay
resulting from competitive solicitation for bids due to the dangerous conditions and threat of permanent damage
to property.
E.Letting the work to competitive bidding would have jeopardized public health,safety and
welfare;risk additional damage to public property;and result in the public incurring additional expense,
including,but not limited to,additional expense due to delay and further damage.Therefore,competitive
bidding of such work would not produce an advantage for the public.
NOW,THEREFORE,the City Council of the City of South San Francisco hereby does resolve,by at
least a four-fifths vote, as follows:
1.The above recitals are true and correct and hereby declared to be findings of the City Council of the
City of South San Francisco.
2.The emergency conditions at the Roberta Cerri Teglia Center in South San Francisco threatens public
health,welfare and safety,and emergency repair work is necessary to address the hazardous and threatening
conditions,and risk of permanent damage to the facility.The emergency work described in this resolution is
exempt from California Public Contract Code competitive bidding requirements pursuant to California Public
Contract Code Sections 20168 and 22050.
3.City staff is hereby authorized and directed to procure contracts for the emergency work described in
this resolution and the City Manager is hereby authorized and directed to execute such contracts on behalf of
the City,as approved to form by the City Attorney.The City Council hereby approves an agreement with
ServePro of South San Francisco,attached hereto and incorporated herein as Exhibit A,for the above-described
emergency work in an amount not to exceed $83,708.17.The City Manager is authorized to execute the
agreement in substantially the same form as Exhibit A,subject to approval as to form by the City Attorney.The
City Manager is further authorized to take any other related action necessary to further the intent of this
Resolution.
4.The City Council finds that the emergency will terminate upon execution of the agreement set forth in
Exhibit A for the above-described emergency work.However,should there be a need to continue any
emergency work,City staff is directed,in accordance with California Public Contract Code Section 22050(c)
(1),to place on future regular agendas of the City Council an item concerning the emergency work authorized
pursuant to this resolution so that the City Council may determine,by at least a four-fifths vote,whether there is
a need to continue the emergency work described above or whether such work may be terminated.
5.This resolution shall become effective immediately.
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6.Each portion of this resolution is severable.Should any portion of this resolution be adjudged to be
invalid and unenforceable by a body of competent jurisdiction,then the remaining resolution portions shall be
and continue in full force and effect,except as to those resolution portions that have been adjudged invalid.The
City Council hereby declares that it would have adopted this resolution and each section,subsection,clause,
sentence,phrase,and other portion thereof,irrespective of the fact that one or more section,subsection,clause
sentence, phrase or other portion may be held invalid or unconstitutional.
*****
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The City of South San Francisco
Minor Construction Agreement
[Rev:11/14/2016]
1
MINOR CONSTRUCTION AGREEMENT
This Agreement (this “Agreement”) is made and entered into between the City of South San
Francisco, a municipal corporation (“City”) and S. T. Newton LLC, DBA: Servpro of South San Francisco
City / San Bruno (“Contractor”) effective as of March 27, 2023 (the “Effective Date”). City and
Contractor are hereinafter collectively referred to as (the “Parties”). In consideration of their mutual
covenants, the Parties hereby agree as follows:
1. Scope of Work. Contractor shall provide the following services and/or materials (“the
Work”): provide mitigation and cleanup services at the Roberta C. Teglia Center following a flooding
incident caused by a broken valve as more particularly described in the Scope of Work, attached hereto,
and incorporated herein as Exhibit A. In the event of a conflict or inconsistency between the text of the
main body of this Agreement and Exhibit A, the text of the main body of this Agreement shall prevail. The
Work shall commence on February 9, 2023, and shall be completed to the satisfaction of the City by April
30, 2023, unless such date is extended or otherwise modified by the City in writing.
2. Payment. City shall pay Contractor an amount not to exceed: Eighty-Three Thousand
Seven Hundred Eight Dollars and Seventeen Cents ($83,708.17) for the full and satisfactory completion of
the Work in accordance with the terms and conditions of this Agreement . The calculation of payment for
the Work shall be set forth as follows: based on attached schedules. The amount stated above is the entire
compensation payable to Contractor for the Work performed hereunder, including all labor, materials, tools,
and equipment furnished by Contractor.
(A) Invoices. City shall make monthly payments, based on invoices received, for Work
satisfactorily performed. City shall have thirty (30) days from the receipt of an invoice that complies
with all of the requirements above to pay Contractor.
(B) False Claims Act. Presenting a false or fraudulent claim for payment, including a change
order, is a violation of the California False Claims Act and may result in treble damages and a fine
of five thousand ($5,000) to ten thousand dollars ($10,000) per violation.
(C) Retention and Final Payment. City shall retain five percent (5%) of each payment, which
shall be paid within sixty (60) days after acceptance of the services, as described in Section 11, and
submittal to City of a final invoice if all services required have been satisfactorily performed.
Contractor may substitute securities or establish an escrow in lieu of retainage, pursuant to Public
Contract Code Section 22300.
3. Independent Contractor. It is understood and agreed that this Agreement is not a contract
of employment and does not create an employer-employee relationship between the City and Contractor.
At all times Contractor shall be an independent contractor and Contractor is not authorized to bind the City
to any contracts or other obligations without the express written consent of the City.
4. Indemnification. To the fullest extent permitted by law, Contractor shall indemnify, defend
(with counsel acceptable to the City), and hold harmless the City and its elected and appointed officers,
officials, employees, agents, contractors and consultants (collectively, the “City Indemnitees”) from and
against any and all liability, loss, damage, claims, expenses and costs (including, without limitation,
attorneys’ fees and costs of litigation) (collectively, “Liability”) of every nature arising out of or in
connection with Contractor’s performance of the Work or Contractor’s failure to comply with this
Agreement, except such Liability caused by the gross negligence or willful misconduct of the City
Indemnitees.
5. Excavations. In accordance with Public Contracts Code Section 714, Contractor shall
promptly notify City in writing of discovery of any material Contractor believes may be hazardous waste
as defined in Section 25117 of the Health and Safety Code or of any subsurface or latent physical conditions
at the site of any unusual nature differing materially from those generally inherent in the work described in
Exhibit A. Upon receipt of such communication, City shall promptly investigate the conditions and if
103
The City of South San Francisco
Minor Construction Agreement
[Rev:11/14/2016]
2
conditions do materially differ, shall issue a change order providing for additional time or payment of
additional costs.
6. Relocation of Utilities. In the event that the completion of the services described in Exhibit
A requires the removal or protection of main or trunk line public utility facilities, the City shall be
responsible for removal and protection of such public utilities pursuant to Government Code Section 4215.
7. Insurance. Prior to beginning the Work and continuing throughout the term of this
Agreement, Contractor (and any subcontractors) shall, at Contractor’s (or subcontractor’s) sole cost and
expense, furnish the City with certificates of insurance evidencing that Contractor has obtained and
maintains insurance in the following amounts:
A. Workers’ Compensation that satisfies the minimum statutory limits.
B. Commercial General Liability and Property Damage Insurance in an amount not less than ONE
MILLION DOLLARS ($1,000,000) combined single limit per occurrence, TWO MILLION
DOLLARS ($2,000,000) annual aggregate, for bodily injury, property damage, products,
completed operations and contractual liability coverage. The policy shall also include coverage for
liability arising out of the use and operation of any City-owned or City-furnished equipment used or
operated by the Contractor, its personnel, agents, or subcontractors.
C. Comprehensive automobile insurance in an amount not less than ONE MILLION DOLLARS
($1,000,000) per occurrence for bodily injury and property damage including coverage for owned and
non-owned vehicles.
All insurance policies shall be written on an occurrence basis and shall name the City Indemnitees
as additional insureds. The certificates shall contain a statement of obligation on the part of the carrier to
notify City of any material change, cancellation, termination or non-renewal of the coverage at least thirty
(30) days in advance of the effective date of any such material change, cancellation, termination or non-
renewal. Further, if the Vendor’s insurance policy includes a self-insured retention that must be paid by a
named insured as a precondition of the insurer’s liability, or which has the effect of providing that payments
of the self-insured retention by others, including additional insureds or insurers do not serve to satisfy the
self-insured retention, such provisions must be modified by special endorsement so as to not apply to t he
additional insured coverage required by this agreement so as to not prevent any of the parties to this
agreement from satisfying or paying the self-insured retention required to be paid as a precondition to the
insurer’s liability. Additionally, the certificates of insurance must note whether the policy does or does not
include any self-insured retention and also must disclose the deductible. The City’s Risk Manager may
waive or modify any of the insurance requirements of this section by means of a written document.
8. General Warranties and Guarantee. Contractor warrants that: (A) All Work, Products
and/or Services are as described in this Agreement, including any exhibits incorporated] conform to all
drawings, samples, descriptions and specifications; (B) All Work, Products and/or Services delivered are
new and of good merchantable quality, free from material defects of workmanship and fit for the purpose
for which sold or provided; (C) Contractor has good title to all Products delivered and all Products delivered
are free from liens and other encumbrances; and (D) Contractor's Work will be in strict conformity with all
applicable local, state, and federal laws. For purposes of this warranty, any parts not meeting the foregoing
quality shall be deemed defective.
Contractor shall guarantee the Work to be free of defects in material and workmanship for a period
of one (1) year following the City’s acceptance of the Work (“Contractor’s Guarantee”), as described in
Section 11. As part of Contractor’s Guarantee, Contractor agrees to make, at Contractor’s own expense,
any repairs or replacements made necessary by defects in material or workmanship which become evident
within the one-year guarantee period. The Contractor’s Guarantee is effective regardless of whether or not
a maintenance bond is required by the City for this Agreement.
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9. Licenses. Contractor represents and warrants that Contractor possesses all licenses,
permits, and qualifications legally required for the performance of the Work. Contractor shall, at
Contractor’s sole cost and expense, maintain all such licenses, permits and qualifications in full force and
effect throughout the term of this Agreement.
10. Damage to City Facilities and Site Safety. Damage to City or public facilities or private
property caused by the Contractor or by its subcontractors during performance of the Work shall be repaired
and/or replaced in kind at no cost to the City. The worksite shall be kept clean and free of hazards at all
times during installation. After work is completed at the site, Contractor shall clean the surrounding area to
the condition prior to performance of the Work.
11. Final Inspection and Work Acceptance. All Work shall be subject to final inspection and
acceptance or rejection by the City.
12. Compliance with all Applicable Laws. Contractor shall comply with all applicable local,
state, and federal laws, regulations and ordinances in the performance of this Agreement. Contractor shall
not discriminate in the provision of service or in the employment of persons engaged in the performance of
this Agreement on account of race, color, national origin, ancestry, religion, gender, marital status, sexual
orientation, age, physical or mental disability in violation of any applicable local, state or federal laws or
regulations.
13. Payment of Taxes; Tax Withholding. Contractor is solely responsible for the payment of
employment taxes incurred under this Agreement and any similar federal or state taxes. To be exempt from
tax withholding, Contractor must provide City with a valid California Franchise Tax Board form 590
(“Form 590”), as may be amended. Unless Contractor provides City with a valid Form 590 or other valid,
written evidence of an exemption or waiver from withholding, City may withhold California taxes from
payments to Contractor as required by law. Contractor shall obtain, and maintain on file for three (3) years
after the termination of this Agreement, Form 590s (or other written evidence of exemptions or waivers)
from all subcontractors. Contractor accepts sole responsibility for withholding taxes from any non-
California resident subcontractor and shall submit written documentation of compliance with Contractor’s
withholding duty to City upon request.
14. Prevailing Wage. The wages to be paid for a day's work to all classes of laborers, workmen,
or mechanics on the work contemplated by this Agreement, shall be not less than the prevailing rate for a
day’s work in the same trade or occupation in the locality within the state where the work hereby
contemplates to be performed as determined by the Director of Industrial Relations pursuant to the
Director’s authority under Labor Code Section 1770, et seq. Each laborer, worker or mechanic employed
by Contractor or by any subcontractor shall receive the wages herein provided for. The Contractor shall pay
two hundred dollars ($200), or whatever amount may be set by Labor Code Section 1775, as may be
amended, per day penalty for each worker paid less than prevailing rate of per diem wages. The difference
between the prevailing rate of per diem wages and the wage paid to each worker shall be paid by the
Contractor to each worker.
The City will not recognize any claim for additional compensation because of the payment by the Contractor
for any wage rate in excess of prevailing wage rate set forth. The possibility of wage increases is one of the
elements to be considered by the Contractor.
NOTE: An error on the part of an awarding body does not relieve the Contractor from responsibility
for payment of the prevailing rate of per diem wages and penalties pursuant to Labor Code Sections
1770-1775.
(A) Posting of Schedule of Prevailing Wage Rates and Deductions. If the schedule of prevailing
wage rates is not attached hereto pursuant to Labor Code Section 1773.2, the Contractor
shall post at appropriate conspicuous points at the site of the project a schedule showing all
determined prevailing wage rates for the various classes of laborers and mechanics to be
engaged in work on the project under this contract and all deductions, if any, required by
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law to be made from unpaid wages actually earned by the laborers and mechanics so
engaged.
(B) Payroll Records. Each Contractor and subcontractor shall keep an accurate payroll record,
showing the name, address, social security number, work week, and the actual per diem
wages paid to each journeyman, apprentice, worker, or other employee employed by the
Contractor in connection with the public work. Such records shall be certified and submitted
weekly as required by Labor Code Section 1776.
15. Patents. The Contractor shall assume all costs arising from the use of patented materials,
equipment, services, or processes used on or incorporated in the Work, and agrees to indemnify and save
harmless the City of South San Francisco, the City Council, and the Engineer, and their duly authorized
representatives, for all suits at law, or actions of every nature for, or on account of the use of any patented
materials, equipment, services, or processes.
16. Dispute Resolution. Prior to initiating litigation in a court of competent jurisdiction, both
Contractor and City shall undergo alternative dispute procedures as outlined in Public Contract Code Section
20104, et seq. The Parties also expressly agree that such procedures are incorporated as though fully set forth
in this Agreement.
17. Prevailing Party. In the event that either party to this Agreement commences any legal action
or proceeding (including but not limited to arbitration) to interpret the terms of this Agreement, the prevailing
party in such a proceeding shall be entitled to recover its reasonable attorney’s fees associated with that legal
action or proceeding.
18. Termination. City may terminate or suspend this Agreement at any time and without cause
upon written notification to Contractor. Upon receipt of notice of termination or suspension, Contractor shall
immediately stop all work in progress under this Agreement. The City's right of termination shall be in
addition to all other remedies available under law to the City.
19. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement
shall continue in full force and effect.
20. Entire Agreement. This Agreement represents the entire and integrated agreement between
the Parties. This Agreement may be modified or amended only by a subsequent written agreement signed
by both Parties.
21. Non-Liability of Officials, Employees and Agents. No officer, official, employee or agent
of City shall be personally liable to Contractor in the event of any default or breach by City or for any
amount which may become due to Contractor pursuant to this Agreement.
22. Execution in Counterparts. This Agreement may be executed in counterparts and/or by
facsimile or other electronic means, and when each Party has signed and delivered at least one such
counterpart, each counterpart shall be deemed an original, and, when taken together with other signed
counterpart, shall constitute one Agreement, which shall be binding upon and effective as to all Parties.
23. Notice. All notices and other communications which are required or may be given under
this Agreement shall be in writing and shall be deemed to have been duly given (i) when received if
personally delivered; (ii) when received if transmitted by telecopy, if received during normal business hours
on a business day (or if not, the next business day after delivery) provided that such facsimile is legible and
that at the time such facsimile is sent the sending Party receives written confirmation of receipt; (iii) if sent
for next day delivery to a domestic address by recognized overnight delivery service (e.g., Federal Express);
and (iv) upon receipt, if sent by certified or registered mail, return receipt requested. In each case notice
shall be sent to the respective Parties as follows:
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[Rev:11/14/2016]
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Contractor:
ServPro of South San Francisco / San Bruno
525 B Railroad Ave.
South San Francisco, CA 94080
City:
City Clerk
City of South San Francisco
400 Grand Avenue
South San Francisco, CA 94080
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date written above.
CITY OF SOUTH SAN FRANCISCO S. T. NEWTON LLC, DBA: ServPro Of
A Municipal Corporation: South San Francisco City / San Bruno:
By:__________________________ By:__________________________
Sharon Ranals / City Manager Shawn Newton, Owner
ATTEST:
____________________________
City Clerk
APPROVED AS TO FORM:
____________________________
City Attorney
2729960.1
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:23-294 Agenda Date:4/12/2023
Version:1 Item #:9.
Report regarding a resolution authorizing the City Manager to sign a Letter of Local Acknowledgement
supporting the County of San Mateo’s Encampment Resolution Funding Program (ERF) grant application.
(Sharon Ranals, City Manager)
RECOMMENDATION
It is recommended that the City Council adopt a resolution authorizing the City Manager to sign on to a
Letter of Local Acknowledgement supporting the County of San Mateo’s Encampment Resolution
Funding Program (ERF) application.
BACKGROUND/DISCUSSION
The State of California’s Encampment Resolution Funding Program (ERF)is a $350 million competitive grant
program available to assist local jurisdictions in ensuring the wellness and safety of people experiencing
homelessness in encampments by providing services and supports that address their immediate physical and
mental wellness and result in meaningful paths to safe and stable housing.Eligible applicants include counties,
Continuums of Care (CoCs), and cities of any size.
The County of San Mateo will be requesting $20 million for a three-year project that anticipates moving 91
people into permanent housing by June 30, 2026. The project is part of a countywide Working Together to End
Homelessness effort and will utilize the new San Mateo County Navigation Center’s 240 units for temporary
housing as a stepping stone while also leveraging state Homekey funds with which we plan to create new
permanent housing.
The County’s plan is comprehensive and brings together health,housing,and homelessness specialists to
deliver the needed outreach,case management,and other supports needed to achieve our project’s goals and,
ultimately, the county’s goal of net-zero homelessness.
The County has requested the City of South San Francisco support their efforts by signing on to a Letter of
Local Acknowledgement no later than Friday,April 14,2023.The City has long partnered with the County in
its pursuit of providing affordable housing in a high cost region and support of this application aligns with the
City’s affordable housing goals outlined in the City’s General Plan.
FISCAL IMPACT
There is no fiscal impact to the City of South San Francisco.
RELATIONSHIP TO STRATEGIC PLAN
Support of the County of San Mateo’s pursuit of Encampment Resolution Funding meets the City’s strategic
goals of providing a high quality of life for all residents.
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File #:23-294 Agenda Date:4/12/2023
Version:1 Item #:9.
CONCLUSION
It is recommended that the City Council adopt a resolution authorizing the City Manager to sign on to a
Letter of Local Acknowledgement supporting the County of San Mateo’s Encampment Resolution
Funding Program (ERF) grant application.
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April 15, 2023
Iliana Rodriguez,
Deputy County Executive
County Executive’s Office
400 County Center, 1st Floor
Redwood City, CA 94063
Re: Local Letter of Acknowledgement
Dear Ms. Rodriguez:
On behalf of the City of South San Francisco, I want to express our support for the County of
San Mateo’s Encampment Resolution Funding Program project designed to move 91 people
living in 29 encampments into permanent housing. The County’s project expects to serve 198
people living unsheltered, primarily on state rights of way adjacent to U.S. Route 101, Interstate
280, Highway 1, and State Route 92 in the cities of Burlingame, Half Moon Bay, Pacifica, San
Bruno, San Mateo, and South San Francisco. In South San Francisco, this includes 20 people
living in four encampments. The City of South San Francisco will not be independently applying
for ERF funds to address the sites.
South San Francisco is a proudly diverse, modest sized city with a population of approximately
67,000 residents. Approximately 80% of our households identify as a household of color and
60% of residents speak a language other than English at home. South San Francisco’s median
household income is nearly half of the County’s at $86,000, and many residents are forced to
work more than one job to afford the region’s high cost of housing. As a small city in the high-
priced Bay Area, we are faced with a significant homelessness challenge and lack of resources
to address it on our own with efficiency. The County plan to target San Mateo’s Critical
Homeless Encampment Zone addresses the way unsheltered homelessness is occurring in our
region – scattered sites of varying sizes that hug state rights of way corridors. The people in the
identified encampment zone share similar needs and will benefit from a coordinated response.
This proposal seeks to immediately decrease the number of individuals experiencing
unsheltered homelessness in the County of San Mateo and includes a strategic, coordinated
plan that will not only support people through intensive case management but will also provide
realistic paths to stability and permanent housing by leveraging many funding streams including
California’s Homekey program. I fully support the County of San Mateo’s application for the
State of California Encampment Resolution Funding Grant. These state resources will be
instrumental to South San Francisco and a prudent and effective use of ERF funds.
Thank you,
Sharon Ranals, City Manager
City of South San Francisco
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:23-295 Agenda Date:4/12/2023
Version:1 Item #:9a.
Resolution authorizing the City Manager sign a Letter of Local Acknowledgement supporting the County of
San Mateo’s Encampment Resolution Funding Program (ERF) grant application
WHEREAS,the State of California’s Encampment Resolution Funding Program (ERF) is a $350
million competitive grant program available to assist local jurisdictions in ensuring the wellness and
safety of people experiencing homelessness in encampments by providing services and supports that
address their immediate physical and mental wellness and result in meaningful paths to safe and
stable housing; and
WHEREAS, the County of San Mateo will be requesting $20 million for a three-year project that
anticipates moving 91 people into permanent housing by June 30, 2026. The project is part of a
countywide Working Together to End Homelessness effort and will utilize the new San Mateo County
Navigation Center’s 240 units for temporary housing as a stepping stone while also leveraging state
Homekey funds with which we plan to create new permanent housing; and
WHEREAS, the County’s plan is comprehensive and brings together health, housing, and
homelessness specialists to deliver the needed outreach, case management, and other supports
needed to achieve our project’s goals and, ultimately, the county’s goal of net-zero homelessness;
and
WHEREAS, the City has long partnered with the County in its pursuit of providing affordable housing
in a high-cost region and support of this application aligns with the City’s affordable housing goals
outlined in the City’s General Plan.
THEREFORE BE IT RESOLVED, by the City Council of the City of South San Francisco that the City
Manager is authorized to a Letter of Local Acknowledgement supporting the County of San Mateo’s
Encampment Resolution Funding Program (ERF) grant application, as described in the
accompanying staff report presented to the City Council on April 12, 2023.
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:23-271 Agenda Date:4/12/2023
Version:1 Item #:10.
Report regarding a resolution naming the Third Floor Adult Library in the New Library |Parks and Recreation
Center as the Jackie Speier Library Wing,after former Congresswoman Jackie Speier in honor of her lifelong
support of public library programs,services and collections in South San Francisco.(Valerie Sommer,Library
Director)
RECOMMENDATION
Staff recommends that City Council receive a recommendation from the Library Board of Trustees and
adopt a Resolution to name the Third Floor Adult Library in the new Library |Parks and Recreation
Center as the Jackie Speier Library Wing after former Congresswoman Jackie Speier.
BACKGROUND/DISCUSSION
At the October 11,2022 meeting of the City Council Naming Committee,Ad-Hoc,Committee members Mayor
Mark Addiego and Council member Flor Nicolas provided direction to staff regarding naming an area in the
new Library |Parks and Recreation Center after Congresswoman Jackie Speier.The Library Board of Trustees
reviewed this request in an open,virtual ZOOM meeting at their February 28,2023 regular meeting and
directed staff,via consensus,to forward a recommendation to City Council to name the third floor Library
Wing in the New Main Library in honor of Jackie Speier.City Council is responsible for final approval of the
proposed name.
Congresswoman Speier grew up in South San Francisco,attended local schools,and has had an enduring love
of the public library,having spent quality time at Grand Avenue Library and sharing the love of reading and
literacy with her family.Through the years,Jackie has participated in many library programs and events.Two
especially memorable ones are her enthusiastic participation when the Library hosted Lemony Snicket on
February 2,2006,and her selection of the Main Library for the March 19,2016 presentation of her annual
program:When I Grow Up….an event for girls ages 8-15 - sponsored by Congresswoman Jackie Speier.
Congresswoman Speier served in Congress as the U.S.Representative for California's 12th and 14th
Congressional Districts from 2008 to 2023.Prior to Congress,she served in the San Mateo County Board of
Supervisors,the California State Assembly,and the California State Senate.As our local Congresswoman,she
has provided extraordinary service to the South San Francisco community,and recently secured $1.5 million in
federal funding to support our new joint Library,Parks and Recreation Center.Vice Mayor Nagales spoke with
Congresswoman Speier who,as a lifelong public library supporter,is proud of securing funding for our new
facility and would be honored to be acknowledged in the adult collections,literacy services and reading room
spaces on the third floor of the new Main Library.
City Administrative Instruction
Administrative Instruction Section 1,#4 defines policies,responsibilities and procedures associated with
naming of City facilities and was finalized on August 1,2005.It is attached for reference.In addition to the
practice of naming facilities based on geographic location,for easy reference by our residents,the Instruction
also acknowledges special recognition of individuals who have made exceptional contributions to the City,
including,in this current request,individuals who are being honored for their public service as an elected
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File #:23-271 Agenda Date:4/12/2023
Version:1 Item #:10.
including,in this current request,individuals who are being honored for their public service as an elected
official and/or as a community volunteer.
FISCAL IMPACT
Signage costs will be covered on a one-time basis by secured funding for the New Main Library |Parks and
Recreation Center.
RELATIONSHIP TO STRATEGIC PLAN
Acknowledging and celebrating community members who have made a difference in South San Francisco is
embedded in Priority #2: Quality of Life and Priority #6: Community Connections.
CONCLUSION
Acceptance of this Resolution will provide recognition of Congresswoman Jackie Speier’s exceptional service
and dedication to our community by naming the Jackie Speier Library Wing on the third floor of the new
Library | Parks and Recreation Center in her honor.
Attachments:
1.Administrative Instruction Section I, No. 4: Naming of City Facilities
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Agenda Item 10. 23-271 Report regarding a resolution naming the Third Floor Adult Library in the New Library | Parks and Recreation Center as the Jackie Speier Library Wing, after former Congresswoman Jackie Speier in honor of her lifelong support of public library programs, services and collections in South San Francisco. (Valerie Sommer, Library Director)
Legislation Text Administrative Instruction Section I No. 4 ~ Naming of City Facilities
1 Public Comment
•
Guest User at April 07, 2023 at 12:51pm PDT
Oppose
When you vote to name the Third Floor Adult LIbrary after Jackie Speier, you are voting for a
person who claimed she was against assault rifles but continuously voted to increase the
military budget. Most recently, Jackie Speier voted for the highest military budget in United
States history in FY 2023, billions of dollars above the Trump military budget and billions of
dollars higher than what the Biden administration originally requested. The billions that
Jackie Speier continuously voted for is money that could have gone to health care,
education, public transportation, and housing, but instead they went to line the pockets of
defense contractors. - Darryl Y., District 2 resident
117
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:23-272 Agenda Date:4/12/2023
Version:1 Item #:10a.
Resolution naming the Third Floor Adult Library in the New Library |Parks and Recreation Center as the
Jackie Speier Library Wing,after former Congresswoman Jackie Speier in honor of her lifelong support of
public library programs, services and collections in South San Francisco.
WHEREAS,Congresswoman Jackie Speier grew up in South San Francisco and has been a lifelong public
library supporter; and
WHEREAS,Jackie Speier has provided extraordinary service to the South San Francisco community,and
recently secured $1.5 million in federal funding to support our new joint Library,Parks and Recreation Center;
and
WHEREAS,acknowledging and celebrating community members who have made a difference in South San
Francisco is embedded in Priority #2: Quality of Life and Priority #6: Community Connections; and
WHEREAS,City Administrative Instruction Section 1,#4 defines policies,responsibilities and procedures
associated with naming City facilities; and
WHEREAS,at the October 11,2022 meeting of the City Council Naming Committee,the Naming Committee
provided direction to staff regarding naming an area in the new Library |Parks and Recreation Center after
Congresswoman Jackie Speier; and
WHEREAS,the signage costs will be covered on a one-time basis by secured funding for the New Main
Library | Parks and Recreation Center; and
WHEREAS,Jackie Speier would be honored to be acknowledged in the adult collections,literacy services and
reading room areas on the third floor of the new Main Library; and
WHEREAS,staff recommends that City Council receive a recommendation from the Library Board of
Trustees,having agendized the item for consideration at their regular meeting of February 28,2023,to name
the third floor Library Wing in the New Main Library in honor of Jackie Speier.
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of South San Francisco that the City
Council hereby accepts a recommendation from the Library Board of Trustees to name the third floor Adult
Library in the New Library |Parks and Recreation Center as the Jackie Speier Library Wing,in honor of Jackie
Speier.
NOW,THEREFORE,BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to take
any other actions necessary to carry out the intent of this resolution on behalf of the City Council.
*****
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File #:23-272 Agenda Date:4/12/2023
Version:1 Item #:10a.
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:23-159 Agenda Date:4/12/2023
Version:1 Item #:11.
Report regarding approval of a sponsorship agreement with the West Coast Farmer’s Market Association for the
reopening of the South San Francisco Farmers’Market at Orange Memorial Park.(Leslie Arroyo,Deputy City
Manager)
RECOMMENDATION
Staff recommends the City Council adopt a resolution approving a sponsorship agreement with the West Coast
Farmers’Market Association to reopen the South San Francisco Farmers’Market to a year-round Farmers’
Market located in the back parking lot of the Joseph A.Fernekes Building at Orange Memorial Park,operating
from 9:00 a.m. to 1:00 p.m., starting Saturday, May 13, 2023.
BACKGROUND
Since 2009 to 2019,the South San Francisco Farmers’Market (Farmers’Market)operated annually in the back
parking lot of the Joseph A.Fernekes Building at Orange Memorial Park on 26 consecutive Saturdays from
10:00 a.m.to 2:00 p.m.beginning the first week in May to the last week in October.It was managed by a
contractor,Pacific Coast Farmers’Market Association (PCFMA),under the supervision of the City Manager’s
Office.
To stimulate attendance,in 2010 it was moved to the South San Francisco BART Station;however,due to
lower attendance,in 2011 it returned to Orange Memorial Park.Over the years,attendance at the Farmers’
Market slowly lost momentum despite the City’s effort to boost the vibrancy of the Farmers’Market and
increase foot traffic,by featuring weekly special events,including a Bike Rodeo and Electric Vehicle
Showcase;promotions,including a free tastings booth and giveaways;as well as guest booths,including City
departments and non-profit organizations.In 2020,the global pandemic hit,and the Farmers’Market was
closed.
In 2022,staff approached Pacific Coast Farmers’Market Association and they were unable to add another City
to their roster,so staff researched and found the West Coast Farmers’Market Association (WCFMA).WCFMA
currently operates many successful Farmers’Markets throughout the Bay Area,including but not limited to
Capitola,Stanford University,Foster City,among others.Staff met with WCFMA to discuss potential locations
and strategies,and together it was determined that Orange Memorial Park remains an ideal location to obtain
the most foot traffic. (Attachment 1)
DISCUSSION
WCMFA’S goal for the South San Francisco Farmers’Market is to have approximately 25 vendors with a
variety of options for patrons to enjoy.While the vendor list continues to grow,currently the following 14
vendors have committed to participate:
·Asian Veggies
-Chang Vang
-MY-H Farms
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File #:23-159 Agenda Date:4/12/2023
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·Conventional Veggies - Picoso Farms
·Organic Veggies - Albertos
·Fruits
-Sunrise Farms
-Castellano Farms
·Strawberries - Chays Farms
·Honey - Mike & Niki's Honey
·Hummus - Hummus Heaven
·Bakeries
-Made out of Dough
-CA Bake Shop
·Hot Foods
-Nina's Empanadas
-El Flamingo (Mexican Food)
-Roadside Rotisserie chicken
WCFMA maintains that they will work to secure vendors to participate in the South San Francisco Farmers’
Market,and that they will assist the vendors in acquiring permits for the Department of Agriculture and Health
Department.WCFMA shared that their markets typically run year-round and recommends for South San
Francisco to run year-long for the continuity of residents’shopping habits and routines.In their experience,this
will help the SSF Farmers’Market remain competitive as residents would be less likely to change these habits.
As we get closer to the May 13,2023,start date,WCFMA anticipates more vendors to join the roster.In
addition,City staff has connected them with Amanda Anthony at Renaissance to see if her small
businesses/vendors can also participate in the Farmers’Market.WCFMA is excited to partner with the City of
South San Francisco and make this a revitalized, vibrant Farmers’ Market.
OUTREACH
WCFMA has provided posters,which City staff will also translate into Spanish,and they will print and
distribute around South San Francisco.(Attachment 2).City staff will utilize the same design and send an all-
city postcard in both English and Spanish to residents of South San Francisco alerting them to the reopening of
the Farmers’Market as well as issue a press release,updates in the weekly Mayor Update,all-city newsletter,
email,and social media blasts.In addition,City staff will convert the posters into flyers and utilize our
Promotores to canvas the Downtown/Old Town area.
FISCAL IMPACT
There is a modest fiscal impact.The City will sponsor an approximately $1,600 set up fee for the West Coast
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Farmers’ Market. This amount is in Community Outreach FY 22-23 budget.
RELATIONSHIP TO STRATEGIC PLAN
The re-introduction of the South San Francisco Farmers’Market will contribute to the City’s Strategic Plan
under Priority #2: Quality of Life.
CONCLUSION
Staff recommends the City Council adopt a resolution approving a sponsorship agreement with the West Coast
Farmers’Market Association to reopen the South San Francisco Farmers’Market to a year-round Farmers’
Market located in the back parking lot of the Joseph A.Fernekes Building at Orange Memorial Park,operating
from 9:00 a.m. to 1:00 p.m., starting Saturday, May 13, 2023.
Attachment(s):
1-Farmers Market Location
2-Marketing Posters
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Attachment One –OMP Farmers’ Market Location
123
RE-INTRODUCING THE
SOUTH SAN FRANCISCO
FARMERS' MARKET
With the West Coast Farmers' Market Association
124
Previous South San Francisco Farmers' Market - OMP
125
12 Markets within Northern California
Locations in San Mateo, Santa Clara, Santa Cruz, and
Monterey Counties
Certified Farmers' Markets
About West Coast Farmers' Market Association
Accepts EBT
126
Cupertino Rose Garden, San Jose Santa Clara Valley Medical Center Stanford
Markets - Santa Clara County
127
Menlo Park Peninsula Jewish Community Center Brisbane Foster City
Markets - San Mateo County
128
Capitola Niles Salinas Carmel Valley
Markets - Santa Cruz County and Monterey County
129
Promotional Flyer
Draft Flyer
130
Location - Orange Memorial Park
131
Vendors - Veggies
MY-H Farms
Chang Vang
Asian Veggies:
Picoso Farms
Non-Asian Veggies:
Alberto's
Organic Veggies:
Picoso Farms
132
Vendors - Fruits
Castellano Farms
Sunrise Farms
Chays Farms (strawberries)
Castellano Farms
133
Vendors - Honey and Hummus
Mike and Niki's Honey
Hummus Heaven
Honey
Hummus
Hummus Heaven
134
Vendors - Bakeries and Hot Foods
Made Out of Dough
CA Bake Shop
Nina's Empanadas
El Flamingo Mexican Food
Roadside Rotisserie Chicken
Bakeries
Hot Foods
Nina's Empanadas
135
El FlamingoRoadside Rotisserie Chicken Made Out of Dough
136
QUESTIONS?
Thank
You!
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SPONSORSHIP AGREEMENT BETWEEN
THE CITY OF SOUTH SAN FRANCISCO AND
WEST COAST FARMERS’ MARKET ASSOCIATION
THIS AGREEMENT is entered into as of the 15th day of March, 2023, by and between
the City of South San Francisco, a municipal corporation (herein referred to as “City”), and
West Coast Farmers’ Market Association, a California non-profit corporation (hereinafter
referred to as “Operator”); and
WHEREAS, City desires to sponsor Operator’s services for the operation of the South San
Francisco Certified Farmers’ Market and an adjacent area in which agricultural and
nonagricultural products may be sold (collectively, the “Market”); and
WHEREAS, Operator hereby warrants to the City that Operator has experience and
expertise in competently providing such services as described in Section 1 of this
Agreement.
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
AGREEMENT
Section 1. Scope of Services for Operator. The scope of services to be performed by the
Operator under this Agreement are set forth in this Agreement.
Operator shall establish and operate a Market in South San Francisco effective May 13,
2023, to be held year-round on Saturdays from 9:00 a.m. to 1:00 p.m. Operator may change
the operating day, operating hours or operate the Market on additional weeks or in other
months only as mutually agreed in writing by Operator and City.
Market will be held in Orange Memorial Park, in the parking lot, near the sculpture garden
and the bocce courts. The area occupied by the Market may thereafter be changed at the
City’s option if it determines the change in location is necessary to accommodate public
works construction, emergency circumstances, other citywide event, or other City
operation or municipal function, or at Operator’s request if approved by City and mutually
agreed upon in writing by Operator and City.
Among the services Operator shall perform to establish and operate the Market include,
but are not limited to the following:
1. Recruit, secure and manage California certified agricultural producers to sell within the
certified farmers’ market portion of the Market and non-agricultural specialty food
producers to sell within the adjacent area of the Market.
2. Secure and maintain all licenses and permitting required of Operator or Operator’s
contractors and vendors, by local, state and federal law, including a Business License
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Page 2 of 8
from the City and those mandated by the San Mateo County Agricultural Department
and the San Mateo County Environmental Health Department for the legal operation
of both a Certified Farmers’ Market and an adjacent area in which nonagricultural
products may be sold.
3. Designate a single market manager to handle all day-to-day market operations as they
pertain to management of producers, load-in and load-out, customer relations, site
preparation, and clean-up.
4. Assure that producers and vendors adhere to the Operator’s rules and regulations,
product quality, and set-up and clean-up procedures. Operator will clean up all waste
generated by the market and it is the responsibility of vendors to take waste materials
that may not fit in trash receptacles. The parking lot is expected to be left in the
condition it was found in.
5. Provide all equipment and resources necessary for operation of the Market, including
signage, barricades, and an information booth. Upon City’s written request, Operator
shall also provide a booth, including tables and chairs, for City outreach and promotion
purposes. The booth shall be provided each market day upon City’s request and City
shall make such request in writing at least seven (7) days in advance of the date(s) of
desired use.
6. Address and handle any problems, situations, and/or concerns of South San Francisco
residents and businesses relating to the operation of the Market.
7. Manage daily operations of the Market.
8. Maintain financial records that establish compliance with the terms of this Agreement.
9. Enforce all state and local Agricultural & Health Regulations and serve as the on-going
liaison with the San Mateo County Agriculture Department and San Mateo County
Environmental Health Department.
10. Develop an Operations Plan including Rules & Regulations for the Market that shall
include, but not be limited to the following:
A. General location and layout of market stalls, aisles, parking areas,
types and location of producers.
B. Parking plan – number, type and locations of barricades, parking
areas, identification and directional signs.
C. Rules and Regulations to ensure compliance with applicable governmental
regulations.
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11. Develop a marketing and promotions plan for the Market. The marketing campaign
shall include, but not be limited to:
A. Include name, logo and other recognition of the City of South San Francisco
as a sponsor on signs and other collateral developed to promote the Market.
B. Print advertisements appearing in appropriate local newspapers.
C. Production of a banner for placement at the market site or another suitable
site in South San Francisco.
D. Production of posters and distribution of posters to businesses and
organizations in the area surrounding the market.
E. Community outreach through signage or a presence at other public events
in the City and through presentations to schools and community
organizations in the City.
F. A page on Operator’s website with a list of market hours, location, events
and links to South San Francisco community resources.
G. Special events in the market.
12. Operator will communicate with Sponsor on a continual basis to ensure the advertising
and promotion of the Market is conducted in a mutually agreeable manner.
Section 2. Scope of Services for City. In consideration of Operator’s performance of
services under this Agreement, City agrees to undertake the following tasks to support the
operations and promotions of the Market:
A. The City will make the agreed upon area available at no charge for the
operation of the Market. Said area will be available from two hours prior to
the mutually agreed upon start time of the market, until to two hours after
the mutually agreed upon end time of the market. Notwithstanding the
foregoing, the City reserves the right to shorten, adjust or alter the foregoing
availabilities if the hours conflict with any other events or occurrences
taking place at the same area.
B. When feasible, City will assist Operator in identifying and contacting
community organizations such as chambers of commerce, schools,
nonprofit organizations, business associations and fraternal societies so
Operator may enlist the support of said organizations for promotion of the
Market.
C. City will provide Operator with a primary point of contact with which
Operator may communicate on a regular basis concerning market activity.
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Section 3. Term of Agreement. This Agreement shall commence upon the date indicated
above and shall renew automatically on an annual basis, unless terminated in accordance
with Section 4. below.
Section 4. Termination. This Agreement may be terminated by either party for cause after
reasonable efforts to resolve disagreement have been concluded.
A. The Agreement may also be terminated by the City, without cause, effective
upon the Operator’s receipt of thirty (30) days written notice if the City
determines it is in the best interest of the City or public to terminate.
B. The Operator may terminate this Agreement after the second anniversary of
the effective date of this Agreement, without cause, effective upon the
City’s receipt of thirty (30) days written notice if the Operator determines it
is in the best interest of the Operator to terminate.
Section 5. Independent Contractor Status; no partnership. It is expressly understood and
agreed by both parties that Operator, while engaged in carrying out and complying with
any of the terms of this Agreement, is an independent contractor and not an employee of
the City. Operator expressly warrants not to represent, at any time or in any manner, that
Operator is an employee or agent of the City. Additionally, The terms of this Agreement
shall in no way be construed to create a partnership, joint venture or any o ther joint
relationship between the City and Operator.
Section 6. Assignment and Subcontracting. Operator shall not assign any interest, right or
obligation pursuant to this Agreement without the City’s prior written approval.
Section 7. Indemnification of City. Operator hereby agrees to defend, indemnify and hold
harmless the City and its officers, employees, agents, and volunteers from and against any
and all claims arising out of the willful or negligent acts, errors or omissions of Operator,
its employees, subcontractor, agents, or volunteers relating to this Agreement and/or
Operator’s, its employees’, subcontractors’, agents’, or volunteers’ performance
hereunder. The City has no liability or responsibility for any accident, loss or damage to
any work or services performed under this Agreement.
Section 8. Compliance with Laws.
A. General. Operator shall comply with all applicable federal, state and local laws, codes,
ordinances and regulations. Operator represents and warrants to City that it has or will
secure and maintain all licenses, certificates, permits, qualifications, insurance and
approvals of whatsoever nature that are legally required for Operator to conduct its
business, including a South San Francisco Business License.
B. Certified Farmers’ Market. Operator shall secure and maintain a permit to operate a
portion of the market in compliance with the State of California’s regulations governing
a Certified Farmers’ Market. Operator shall operate an area adjacent to and in
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conjunction with the Certified Farmers’ Market in which nonagricultural products will
be sold.
C. Workers’ Compensation. Operator certifies that it is aware of the provisions of the
California Labor Code which require every employee to be insured against liability for
workers’ compensation or to undertake self-insurance in accordance with the
provisions of that Code, and Operator certifies that it will comply with such provisions
before commencing performance of this Agreement.
D. Injury and Illness Prevention Program. Operator certifies that it is aware of and has
complied with the provisions of California Labor Code Section 6401.7, which requires
every employer to adopt a written injury and illness prevention program.
E. Nondiscrimination. In performing services under this Agreement, Operator certifies it
shall not discriminate in the employment of its employees on the basis of race, color,
religion, sex, marital status, sexual orientation, national origin or ancestry. Any
subcontracts entered in by Operator, pursuant to this Agreement, shall contain
comparable language forbidding discriminatory practices by subcontractors.
F. City Not Responsible. City is not responsible or liable for Operator’s failure to comply
with any and all of said requirements.
Section 9. Insurance
A. Minimum Scope of Insurance.
1) Operator agrees to have and maintain, for the duration of this Agreement, a General
Liability insurance policy insuring Operator to an amount not less than one million
dollars ($1,000,000) combined single limit per occurrence for bodily injury,
personal injury and property damage.
2) Operator agrees to have and maintain for the duration of this Agreement an
Automobile Liability insurance policy insuring Operator to an amount not less than
one million dollars ($1,000,000) combined single limit per accident for bodily
injury and property damage.
3) Operator shall provide to City all certificates of insurance with original
endorsements reflecting coverage required by this paragraph. Certificates of such
insurance shall be filed with the City on or before commencement of performance
of this Agreement. City reserves the right to require complete, certified copies of
all required insurance policies at any time. Operator shall list City, its officers,
officials, employees, and volunteers as additional insured under policy
endorsements.
B. General Liability.
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1) The Operator’s insurance policies required hereunder shall be endorsed to provide
for the following: City, its officers, officials, employees, volunteers are to be
covered as additional insureds with respect to: liability arising out of activities
performed by or on behalf of Operator; products and completed operations of
Operator; premises owned or used by Operator; or automobiles, owned, leased,
hired or borrowed by Operator.
2) Any failure to comply with reporting provisions of the policies shall not affect
coverage provided to the City, its officers, officials, employees or volunteers.
3) Operator’s insurance shall apply separately to each insured against whom a claim
is made or suit is brought, except with respect to the limits of the insurer’s liability.
C. All Coverage. Each insurance policy required in this section shall be endorsed to state
that coverage shall not be suspended, voided, or canceled except after thirty (30) days
prior written notice by certified mail, return receipt requested, has been given to the
City. Current certification of such insurance shall be kept on file with the City at all
times during the term of this Agreement.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a Best’s rating
of no less than A: VII.
Section 10. Conflict of Interest. Operator may serve other clients, but none whose activities
within the corporate limits of City or whose business, regardless of location, would place
Operator in a “conflict of interest,” as that term is defined in the Political Reform Act ,
codified at California Government Code Section 81000 et seq.
Operator shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code Sections 1090 et seq.
Operator hereby warrants that it is not now, nor has it been in the previous twelve (12)
months, an employee, agent, appointee, or official of the City. If Operator was an
employee, agent, appointee, or official of the City in the previous twelve months,
Consultant warrants that it did not participate in any manner in the forming of this
Agreement. Consultant understands that, if this Agreement is made in violation of
Government Code §1090 et.seq., the entire Agreement is void and Operator will not be
entitled to any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Operator will be required to reimburse the City for any
sums paid to the Operator. Operator understands that, in addition to the foregoing, it may
be subject to criminal prosecution for a violation of Government Code § 1090 and, if
applicable, will be disqualified from holding public office in the State of California.
Section 11. Entire Agreement: Amendment. This Agreement constitutes the complete and
exclusive expression of the understanding and agreement between City and Operator with
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respect to the subject matter hereof. This Agreement may be amended or extended from
time to time by written agreement of the parties hereto.
Section 12. Litigation Costs. If either party commences any legal action against the other
party arising out of this Agreement or the performance thereof, the prevailing party shall
be entitled to recover its reasonable litigation expenses.
Section 13. Remedies. In addition to any other available rights and remedies, either party
may institute legal action to cure, correct or remedy any default, enforce any covenant
herein, or enforce by specific performance the rights and obligations of the parties hereto.
Section 14. Venue. In the event that either party brings any action against the other under
this Agreement, the parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County of San Mateo or in the United States District Court
for the Northern District of California.
Section 15. Time is of the Essence. It is understood and agreed by Sponsor and Operator
that time is of the essence in the completion of the work tasks described in the Scope of
Services.
Section 16. Interpretation of Agreement. This Agreement shall be interpreted and enforced
in accordance with the laws of the State of California.
Section 17. Written Notification. Any notice, demand, request, consent approval or
communications that either party desires or is required to give to the other party shall be in
writing and either served personally or sent by prepaid, first class mail. Any such notice,
demand, etc., shall be addressed to the party at the address set forth herein below. Either
party may change its address by notifying the other party of the change of address.
Notice shall be deemed communicated within two business days from the time of mailing
if mailed within the State of California as provided in this Section.
If to City: City Manager
City of South San Francisco
400 Grand Avenue
South San Francisco, CA 94080
If to Operator: __________________
__________________
Section 18. Waiver. No failure on the part of either party to exercise any right or remedy
hereunder shall operate as a waiver of any other right or remedy that party may have
hereunder.
Section 19. Non-Liability of Officials, Employees and Agents. No officer, official,
employee or agent of City shall be personally liable to Operator in the event of any default
or breach by City pursuant to this Agreement.
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Section 20. Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
Section 21. Execution. This Agreement may be executed by electronic signatures and in
several original counterparts, each of which shall constitute one and the same instrument
and shall become binding upon the parties when at least one copy hereof shall have been
signed by both parties hereto. In approving this Agreement, it shall not be necessary to
produce or account for more than one such counterpart. By signing below, each signatory
for City and Operator represents and warrants that they have the authority to enter into this
agreement on their organization’s behalf and to bind City and Operator to this agreement,
respectively.
IN WITNESS WHEREOF, the City and Operator have executed this Agreement as of the
date first above written.
CITY OF SOUTH SAN FRANCISCO WEST COAST FARMERS’ MARKET
ASSOCIATION
By: ______________________________ By: ________________________________
Sharon Ranals R. Jerry Lami
Its: City Manager Its: Executive Director
5305174.1
145
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:23-281 Agenda Date:4/12/2023
Version:1 Item #:11a.
Resolution approving a sponsorship agreement for the operation of the South San Francisco Farmers'Market at
Orange Memorial Park by West Coast Farmers’ Market Association
WHEREAS,the South San Francisco Farmers'Market (“Market”)began in 2000 in the Orange Memorial Park
location with support from the City of South San Francisco (“City”); and
WHEREAS,although the Market has been successfully operated by the Pacific Coast Farmers’Market
Association since 2005 pursuant to a sponsorship agreement with the City,Pacific Coast is no longer able to
operate the Market with impacts of the COVID-19 pandemic and related issues; and
WHEREAS,City staff contacted the West Coast Farmers’Market Association (“WCFMA”),which
organization currently operates many successful Farmers’Markets throughout the Bay Area,including but not
limited to those located at Capitola, Stanford University, at Foster City; and
WHEREAS,the City Council seeks to continue to support the Market's operation at Orange Memorial Park,
and City staff recommends approval of a sponsorship agreement with WCFMA.
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of South San Francisco that the City
Council hereby:
1.Approves the Sponsorship Agreement with the WCFMA,attached hereto and incorporated herein as
Exhibit A.
2.Authorizes the City Manager to execute the Sponsorship Agreement on behalf of the City in
substantially the same form as that in Exhibit A,upon timely submission by WCFMA of the signed
agreement,certificates of insurance,and all other required documents,subject to approval as to form by
the City Attorney.
3.Authorizes the City Manager to take related actions to carry out the intent of this resolution that do
not substantially increase the City’s obligations as described in the Sponsorship Agreement.
*****
City of South San Francisco Printed on 4/13/2023Page 1 of 1
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SPONSORSHIP AGREEMENT BETWEEN
THE CITY OF SOUTH SAN FRANCISCO AND
WEST COAST FARMERS’ MARKET ASSOCIATION
THIS AGREEMENT is entered into as of the 15th day of March, 2023, by and between
the City of South San Francisco, a municipal corporation (herein referred to as “City”), and
West Coast Farmers’ Market Association, a California non-profit corporation (hereinafter
referred to as “Operator”); and
WHEREAS, City desires to sponsor Operator’s services for the operation of the South San
Francisco Certified Farmers’ Market and an adjacent area in which agricultural and
nonagricultural products may be sold (collectively, the “Market”); and
WHEREAS, Operator hereby warrants to the City that Operator has experience and
expertise in competently providing such services as described in Section 1 of this
Agreement.
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
AGREEMENT
Section 1. Scope of Services for Operator. The scope of services to be performed by the
Operator under this Agreement are set forth in this Agreement.
Operator shall establish and operate a Market in South San Francisco effective May 13,
2023, to be held year-round on Saturdays from 9:00 a.m. to 1:00 p.m. Operator may change
the operating day, operating hours or operate the Market on additional weeks or in other
months only as mutually agreed in writing by Operator and City.
Market will be held in Orange Memorial Park, in the parking lot, near the sculpture garden
and the bocce courts. The area occupied by the Market may thereafter be changed at the
City’s option if it determines the change in location is necessary to accommodate public
works construction, emergency circumstances, other citywide event, or other City
operation or municipal function, or at Operator’s request if approved by City and mutually
agreed upon in writing by Operator and City.
Among the services Operator shall perform to establish and operate the Market include,
but are not limited to the following:
1. Recruit, secure and manage California certified agricultural producers to sell within the
certified farmers’ market portion of the Market and non-agricultural specialty food
producers to sell within the adjacent area of the Market.
2. Secure and maintain all licenses and permitting required of Operator or Operator’s
contractors and vendors, by local, state and federal law, including a Business License
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from the City and those mandated by the San Mateo County Agricultural Department
and the San Mateo County Environmental Health Department for the legal operation
of both a Certified Farmers’ Market and an adjacent area in which nonagricultural
products may be sold.
3. Designate a single market manager to handle all day-to-day market operations as they
pertain to management of producers, load-in and load-out, customer relations, site
preparation, and clean-up.
4. Assure that producers and vendors adhere to the Operator’s rules and regulations,
product quality, and set-up and clean-up procedures. Operator will clean up all waste
generated by the market and it is the responsibility of vendors to take waste materials
that may not fit in trash receptacles. The parking lot is expected to be left in the
condition it was found in.
5. Provide all equipment and resources necessary for operation of the Market, including
signage, barricades, and an information booth. Upon City’s written request, Operator
shall also provide a booth, including tables and chairs, for City outreach and promotion
purposes. The booth shall be provided each market day upon City’s request and City
shall make such request in writing at least seven (7) days in advance of the date(s) of
desired use.
6. Address and handle any problems, situations, and/or concerns of South San Francisco
residents and businesses relating to the operation of the Market.
7. Manage daily operations of the Market.
8. Maintain financial records that establish compliance with the terms of this Agreement.
9. Enforce all state and local Agricultural & Health Regulations and serve as the on-going
liaison with the San Mateo County Agriculture Department and San Mateo County
Environmental Health Department.
10. Develop an Operations Plan including Rules & Regulations for the Market that shall
include, but not be limited to the following:
A. General location and layout of market stalls, aisles, parking areas,
types and location of producers.
B. Parking plan – number, type and locations of barricades, parking
areas, identification and directional signs.
C. Rules and Regulations to ensure compliance with applicable governmental
regulations.
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11. Develop a marketing and promotions plan for the Market. The marketing campaign
shall include, but not be limited to:
A. Include name, logo and other recognition of the City of South San Francisco
as a sponsor on signs and other collateral developed to promote the Market.
B. Print advertisements appearing in appropriate local newspapers.
C. Production of a banner for placement at the market site or another suitable
site in South San Francisco.
D. Production of posters and distribution of posters to businesses and
organizations in the area surrounding the market.
E. Community outreach through signage or a presence at other public events
in the City and through presentations to schools and community
organizations in the City.
F. A page on Operator’s website with a list of market hours, location, events
and links to South San Francisco community resources.
G. Special events in the market.
12. Operator will communicate with Sponsor on a continual basis to ensure the advertising
and promotion of the Market is conducted in a mutually agreeable manner.
Section 2. Scope of Services for City. In consideration of Operator’s performance of
services under this Agreement, City agrees to undertake the following tasks to support the
operations and promotions of the Market:
A. The City will make the agreed upon area available at no charge for the
operation of the Market. Said area will be available from two hours prior to
the mutually agreed upon start time of the market, until to two hours after
the mutually agreed upon end time of the market. Notwithstanding the
foregoing, the City reserves the right to shorten, adjust or alter the foregoing
availabilities if the hours conflict with any other events or occurrences
taking place at the same area.
B. When feasible, City will assist Operator in identifying and contacting
community organizations such as chambers of commerce, schools,
nonprofit organizations, business associations and fraternal societies so
Operator may enlist the support of said organizations for promotion of the
Market.
C. City will provide Operator with a primary point of contact with which
Operator may communicate on a regular basis concerning market activity.
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Section 3. Term of Agreement. This Agreement shall commence upon the date indicated
above and shall renew automatically on an annual basis, unless terminated in accordance
with Section 4. below.
Section 4. Termination. This Agreement may be terminated by either party for cause after
reasonable efforts to resolve disagreement have been concluded.
A. The Agreement may also be terminated by the City, without cause, effective
upon the Operator’s receipt of thirty (30) days written notice if the City
determines it is in the best interest of the City or public to terminate.
B. The Operator may terminate this Agreement after the second anniversary of
the effective date of this Agreement, without cause, effective upon the
City’s receipt of thirty (30) days written notice if the Operator determines it
is in the best interest of the Operator to terminate.
Section 5. Independent Contractor Status; no partnership. It is expressly understood and
agreed by both parties that Operator, while engaged in carrying out and complying with
any of the terms of this Agreement, is an independent contractor and not an employee of
the City. Operator expressly warrants not to represent, at any time or in any manner, that
Operator is an employee or agent of the City. Additionally, The terms of this Agreement
shall in no way be construed to create a partnership, joint venture or any other joint
relationship between the City and Operator.
Section 6. Assignment and Subcontracting. Operator shall not assign any interest, right or
obligation pursuant to this Agreement without the City’s prior written approval.
Section 7. Indemnification of City. Operator hereby agrees to defend, indemnify and hold
harmless the City and its officers, employees, agents, and volunteers from and against any
and all claims arising out of the willful or negligent acts, errors or omissions of Operator,
its employees, subcontractor, agents, or volunteers relating to this Agreement and/or
Operator’s, its employees’, subcontractors’, agents’, or volunteers’ performance
hereunder. The City has no liability or responsibility for any accident, loss or damage to
any work or services performed under this Agreement.
Section 8. Compliance with Laws.
A. General. Operator shall comply with all applicable federal, state and local laws, codes,
ordinances and regulations. Operator represents and warrants to City that it has or will
secure and maintain all licenses, certificates, permits, qualifications, insurance and
approvals of whatsoever nature that are legally required for Operator to conduct its
business, including a South San Francisco Business License.
B. Certified Farmers’ Market. Operator shall secure and maintain a permit to operate a
portion of the market in compliance with the State of California’s regulations governing
a Certified Farmers’ Market. Operator shall operate an area adjacent to and in
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conjunction with the Certified Farmers’ Market in which nonagricultural products will
be sold.
C. Workers’ Compensation. Operator certifies that it is aware of the provisions of the
California Labor Code which require every employee to be insured against liability for
workers’ compensation or to undertake self-insurance in accordance with the
provisions of that Code, and Operator certifies that it will comply with such provisions
before commencing performance of this Agreement.
D. Injury and Illness Prevention Program. Operator certifies that it is aware of and has
complied with the provisions of California Labor Code Section 6401.7, which requires
every employer to adopt a written injury and illness prevention program.
E. Nondiscrimination. In performing services under this Agreement, Operator certifies it
shall not discriminate in the employment of its employees on the basis of race, color,
religion, sex, marital status, sexual orientation, national origin or ancestry. Any
subcontracts entered in by Operator, pursuant to this Agreement, shall contain
comparable language forbidding discriminatory practices by subcontractors.
F. City Not Responsible. City is not responsible or liable for Operator’s failure to comply
with any and all of said requirements.
Section 9. Insurance
A. Minimum Scope of Insurance.
1) Operator agrees to have and maintain, for the duration of this Agreement, a General
Liability insurance policy insuring Operator to an amount not less than one million
dollars ($1,000,000) combined single limit per occurrence for bodily injury,
personal injury and property damage.
2) Operator agrees to have and maintain for the duration of this Agreement an
Automobile Liability insurance policy insuring Operator to an amount not less than
one million dollars ($1,000,000) combined single limit per accident for bodily
injury and property damage.
3) Operator shall provide to City all certificates of insurance with original
endorsements reflecting coverage required by this paragraph. Certificates of such
insurance shall be filed with the City on or before commencement of performance
of this Agreement. City reserves the right to require complete, certified copies of
all required insurance policies at any time. Operator shall list City, its officers,
officials, employees, and volunteers as additional insured under policy
endorsements.
B. General Liability.
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1) The Operator’s insurance policies required hereunder shall be endorsed to provide
for the following: City, its officers, officials, employees, volunteers are to be
covered as additional insureds with respect to: liability arising out of activities
performed by or on behalf of Operator; products and completed operations of
Operator; premises owned or used by Operator; or automobiles, owned, leased,
hired or borrowed by Operator.
2) Any failure to comply with reporting provisions of the policies shall not affect
coverage provided to the City, its officers, officials, employees or volunteers.
3) Operator’s insurance shall apply separately to each insured against whom a claim
is made or suit is brought, except with respect to the limits of the insurer’s liability.
C. All Coverage. Each insurance policy required in this section shall be endorsed to state
that coverage shall not be suspended, voided, or canceled except after thirty (30) days
prior written notice by certified mail, return receipt requested, has been given to the
City. Current certification of such insurance shall be kept on file with the City at all
times during the term of this Agreement.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a Best’s rating
of no less than A: VII.
Section 10. Conflict of Interest. Operator may serve other clients, but none whose activities
within the corporate limits of City or whose business, regardless of location, would place
Operator in a “conflict of interest,” as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Operator shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code Sections 1090 et seq.
Operator hereby warrants that it is not now, nor has it been in the previous twelve (12)
months, an employee, agent, appointee, or official of the City. If Operator was an
employee, agent, appointee, or official of the City in the previous twelve months,
Consultant warrants that it did not participate in any manner in the forming of this
Agreement. Consultant understands that, if this Agreement is made in violation of
Government Code §1090 et.seq., the entire Agreement is void and Operator will not be
entitled to any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Operator will be required to reimburse the City for any
sums paid to the Operator. Operator understands that, in addition to the foregoing, it may
be subject to criminal prosecution for a violation of Government Code § 1090 and, if
applicable, will be disqualified from holding public office in the State of California.
Section 11. Entire Agreement: Amendment. This Agreement constitutes the complete and
exclusive expression of the understanding and agreement between City and Operator with
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respect to the subject matter hereof. This Agreement may be amended or extended from
time to time by written agreement of the parties hereto.
Section 12. Litigation Costs. If either party commences any legal action against the other
party arising out of this Agreement or the performance thereof, the prevailing party shall
be entitled to recover its reasonable litigation expenses.
Section 13. Remedies. In addition to any other available rights and remedies, either party
may institute legal action to cure, correct or remedy any default, enforce any covenant
herein, or enforce by specific performance the rights and obligations of the parties hereto.
Section 14. Venue. In the event that either party brings any action against the other under
this Agreement, the parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County of San Mateo or in the United States District Court
for the Northern District of California.
Section 15. Time is of the Essence. It is understood and agreed by Sponsor and Operator
that time is of the essence in the completion of the work tasks described in the Scope of
Services.
Section 16. Interpretation of Agreement. This Agreement shall be interpreted and enforced
in accordance with the laws of the State of California.
Section 17. Written Notification. Any notice, demand, request, consent approval or
communications that either party desires or is required to give to the other party shall be in
writing and either served personally or sent by prepaid, first class mail. Any such notice,
demand, etc., shall be addressed to the party at the address set forth herein below. Either
party may change its address by notifying the other party of the change of address.
Notice shall be deemed communicated within two business days from the time of mailing
if mailed within the State of California as provided in this Section.
If to City: City Manager
City of South San Francisco
400 Grand Avenue
South San Francisco, CA 94080
If to Operator: __________________
__________________
Section 18. Waiver. No failure on the part of either party to exercise any right or remedy
hereunder shall operate as a waiver of any other right or remedy that party may have
hereunder.
Section 19. Non-Liability of Officials, Employees and Agents. No officer, official,
employee or agent of City shall be personally liable to Operator in the event of any default
or breach by City pursuant to this Agreement.
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Section 20. Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
Section 21. Execution. This Agreement may be executed by electronic signatures and in
several original counterparts, each of which shall constitute one and the same instrument
and shall become binding upon the parties when at least one copy hereof shall have been
signed by both parties hereto. In approving this Agreement, it shall not be necessary to
produce or account for more than one such counterpart. By signing below, each signatory
for City and Operator represents and warrants that they have the authority to enter into this
agreement on their organization’s behalf and to bind City and Operator to this agreement,
respectively.
IN WITNESS WHEREOF, the City and Operator have executed this Agreement as of the
date first above written.
CITY OF SOUTH SAN FRANCISCO WEST COAST FARMERS’ MARKET
ASSOCIATION
By: ______________________________ By: ________________________________
Sharon Ranals [NAME]
Its: City Manager Its: ________________________________
5305174.1
154
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:23-287 Agenda Date:4/12/2023
Version:1 Item #:12.
Report regarding a resolution approving a first amendment to the amended and restated employment agreement between
the City of South San Francisco and Rosa Govea Acosta for service as City Clerk and approving an amendment to the
City’s salary schedule for the position of City Clerk.(Sky Woodruff,City Attorney and Leah Lockhart,Human
Resources Director)
RECOMMENDATION
It is recommended that the City Council adopt a resolution approving a first amendment to the employment
agreement between the City of South San Francisco and Rosa Govea Acosta and an amendment to the City’s
Salary Schedule.
BACKGROUND/DISCUSSION
On November 6,2018,Rosa Govea Acosta was duly elected as City Clerk of the City of South San Francisco
(“City”).She was reelected on November 8,2022,and was sworn into office on December 13,2022.On
January 11,2023,the City Council approved and amended and restated the Employment Agreement between
the City and Ms.Acosta.The amended Employment Agreement provided several clarifications to align with
the parties’intent that Ms.Acosta would receive the same salary adjustments and benefits as City employees
covered by the Executive Management Compensation Plan.It also established that the City would conduct a
total compensation survey for the position using the same benchmark cities used for the Executive Management
Unit.Upon completion of the survey,City Council would consider adjustments to the City Clerk’s salary.The
agreement stipulated that any changes to salary would be retroactive to December 13,2022,when Ms.Acosta
was sworn in for her new term of office.
Compensation Methodology
Staff conducted a total compensation survey using the benchmark cities of Alameda,Daly City,Hayward,
Mountain View,Palo Alto,Redwood City,San Bruno,San Leandro,and San Mateo,utilizing the same
methodology that was recently used for the Executive Management group survey.Accordingly,the 60th
percentile of the market was used for comparison as the target for market The South San Francisco City Clerk
salary was found to be 10.6%below the 60th percentile of the market for total compensation,and 13.8%below
the 60th percentile of the market with respect to salary alone.A summary of the total compensation survey is
included as Attachment 1.
When considering compensation-setting methodology for any City position,Council is advised to consider both
external benchmarks and internal alignment of positions.A review of internal alignment ensures that positions
with similar duties,responsibilities,and required knowledge,skills and experience maintain comparable
salaries.This also ensures that appropriate differentials exist between managers and subordinates,and between
positions with higher or lower-level duties and qualification requirements.
Within this context,Ms.Acosta requested consideration of a salary within the range of the lowest compensated
department head positions,which include the Deputy City Manager,Human Resources Director,and Capital
Projects Director.The basis for this request is that the role of the City Clerk,particularly in mid-sized and larger
cities,has expanded significantly in terms of scope,complexity,and importance over the years.Similar to
other department heads and executive managers,the role of the City Clerk involves executive administration of
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other department heads and executive managers,the role of the City Clerk involves executive administration of
major city function or operation requiring significant expertise and independent judgment,and a high degree of
public trust.In addition to coordinating agendas,minutes,and all procedural and technical aspects of City
Council meetings (including hybrid meetings),pursuant to the Ralph M.Brown Act,the City Clerk is
responsible for management of elections,administering campaign disclosure statements,conflict of interest
filings,and related responsibilities for candidates,and elected and appointed officials pursuant to the Political
Reform Act.The City Clerk is also responsible for the comprehensive maintenance of all City records and
processing requests for information under the Public Records Acts,administering recruitment and appointment
processes for all City Boards,Commissions,and Committees pursuant to the Government Code,and a variety
of public information and administrative services.However,despite the growth in the City Clerk role,salaries
for City Clerks have generally not kept pace with other department heads,and as a result market surveys alone
reflect and reinforce historical patterns whereby the City Clerk was regarded as a lower-level role.
In order to address this inequity,some cities have chosen to align the City Clerk with other department heads
inequity.For example,the City of Burlingame set the salary for City Clerk equivalent to the Human Resources
Director,based on similar level and scope of responsibility.Similarly,the salary for City Clerk in the City of
Alameda has been set in the middle of the salary range for the six lowest-paid department heads.
Recommendation
City Council considered the compensation survey and internal alignment comparison,along with Ms.Acosta’s
advanced experience and qualifications,and provided direction to the Council Ad-Hoc committee,comprised
of Mayor Nicolas and Vice Mayor Nagales,to negotiate salary adjustment and propose an amendment for
consideration by City Council.The parties agreed on a salary of $220,000 annually ($18,333 monthly),subject
to approval by the full City Council.This salary is within the approved salary range for Deputy City Manager,
Human Resources Director,and Capital Projects Director ($217,128-$262,716 annually,or $18,094-$21,893
monthly.)The proposed amended and restated Employment Agreement and amended Salary Schedule reflect
the new salary, retroactive to December 13, 2022.
FISCAL IMPACT
There will be no impact to the General Fund in the current fiscal year.Savings from vacant positions within the
City Clerk’s operating budget for Fiscal Year 2022-2023 are sufficient to cover the cost of the increase for
December 13,2022 through June 30,2023.The ongoing cost of both salary and benefits for future years is
approximately $105,000 annually to the General Fund,and will be included within the Fiscal Year 2023-2024
proposed operating budget.
RELATIONSHIP TO THE STRATEGIC PLAN
This item supports the strategic initiative of Workforce Development and Fiscal Sustainability,ensuring that the
City’s compensation remains competitive to attract and retain a high-quality workforce while ensuring that
financial commitments are within the City’s means.
CONCLUSION
It is recommended that the City Council adopt a resolution approving a first amendment to the amended and
restated employment agreement between Rosa Govea Acosta and the City of South San Francisco.and
approving an amendment to the City’s salary schedule for the position of City Clerk.
Attachments
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1.City Clerk Total Compensation Survey Summary
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Attachment 1
City Clerk Total Compensation Survey (Summary)
Benchmark City Classification
Title
Minimum
Base Salary
Maximum
Base Salary
Total Salary
& Additional
Pays
Total
Compensation
(Pay &
Benefits)
South San Francisco City Clerk (Current) $13,480 $13,480 $13,480 $16,288
Alameda City Clerk $17,951 $17,951 $18,131 $20,522
Daly City City Clerk $5,311 $7,092 $7,092 $9,312
Hayward City Clerk $13,886 $13,886 $13,886 $16,016
Mountain View City Clerk $16,222 $16,222 $16,222 $19,453
Palo Alto City Clerk $15,168 $15,168 $15,585 $18,192
Redwood City City Clerk $11,396 $15,385 $15,693 $16,910
San Bruno City Clerk $9,868 $12,109 $12,170 $14,680
San Leandro City Clerk $11,960 $14,537 $14,828 $17,265
San Mateo City Clerk $16,274 $17,942 $18,032 $20,207
Labor Market 60th Percentile $15,342 $15,671 $18,007
% SSF is Above or Below Labor Market 60th Percentile -13.81% -16.25% -10.55%
# of Comparable Matches 9
Data Effective 3/2023
158
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:23-290 Agenda Date:4/12/2023
Version:1 Item #:12a.
Resolution approving a first amendment to the employment agreement between the City of South San
Francisco and Rosa Govea Acosta for service as City Clerk and amending the Fiscal Year 2022-23 Salary
Schedule to reflect changes in the salary for the City Clerk position.
WHEREAS,on November 6,2018,Rosa Govea Acosta was duly elected as City Clerk of the City of South San
Francisco (“City”); and
WHEREAS,on December 11,2018,Rosa Govea Acosta was sworn in as the City’s City Clerk and assumed the
duties of City Clerk; and
WHEREAS,subsequent to her election,Ms.Acosta and the City negotiated the terms of the Employment
Agreement,including salary and benefits.The City and Ms.Acosta executed the Employment Agreement in
March 2019; and
WHEREAS,Ms.Acosta was reelected to the position of City Clerk on November 8,2022,and was sworn into
office on December 13, 2022; and
WHEREAS,the City and Rosa Govea Acosta entered into an Amended and Restated Employment Agreement
to make clarifying edits to align the agreement with the parties’intent regarding the benefits and compensation
that Ms. Acosta will receive in exchange for her service as City Clerk; and
WHEREAS,pursuant to the Amended and Restated Employment Agreement,the City undertook a new total
compensation survey for the position of City Clerk.Based on the results of the survey,other information,and
Ms.Acosta’s experience,education,and training,and the scope of the duties of the Office of City Clerk
performed by Ms.Acosta,the City Council and Ms.Acosta agreed to adjust the base salary that Ms.Acosta will
receive for her service as City Clerk.
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of South San Francisco that the
Amended and Restated Employment Agreement, attached hereto as Exhibit A, is hereby approved.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute said Employment Agreement on
behalf of the City of South San Francisco,subject to any minor modifications that are approved as to form by
the City Attorney that do not substantially increase the City’s obligations hereunder.
BE IT FURTHER RESOLVED that the Fiscal Year 2022-23 Salary Schedule is amended as shown in Exhibit B
to reflect changes to the salary for the position of City Clerk.
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1
FIRST AMENDMENT TO
AMENDED AND RESTATED
CITY CLERK EMPLOYMENT AGREEMENT
THIS FIRST AMENDMENT (“First Amendment”) TO THE AMENDED
AND RESTATED CITY CLERK EMPLOYMENT AGREEMENT (“Agreement”) is
made and entered into in South San Francisco, California, this ___ day of
__________, 2023 (“Effective Date”), by and between the CITY OF SOUTH SAN
FRANCISCO, a municipal corporation, hereinafter referred to as “CITY”, and ROSA
GOVEA ACO STA, an individual, hereinafter referred to as "ACOSTA" (collectively
referred to herein as “Parties”) :
WITNESSETH:
WHEREAS, ACOSTA is the d uly elected City Clerk of the City and has
served in this role since December 11, 2018. CITY and ACOSTA entered into a City
Clerk Employment Agreement effective March 13, 2019. ACOSTA was reelected to
the position of City Clerk at the November 2022 General Municipal Election. The
City Council recognizes that ACOSTA is an individual who has the education,
training, and experience in local government management to serve in the position of
City Clerk; and
WHEREAS, CITY and ACOSTA entered into the Agreement effective
December 13, 2022 to outline the compensation and benefits that ACOSTA will
continue to receive from CITY in exchange for her service as City Clerk; and
WHEREAS, Section 3(A) of the Agreement called for CITY to conduct a total
compensation survey for the City Clerk position utilizing the parameters and
benchmark cities used for Executive Management Unit and present the results to the
City Council. Based on the results of the survey, the City Council has offered to
adjust ACOSTA’s base sa lary retroactive to December 13, 2022, and ACOSTA
desires to accept the proposed adjustment, as set forth in this First Amendment.
NOW, THEREFORE, in consideration of this First Amendment, and the
mutual promises, covenants and stipulations herein contained, the Parties hereto agree
as follows:
1. Section 3, Salary, subsection A of the Agreement is hereby amended to
read as follows:
A.CITY agrees to pay ACOSTA an annual base salary of
two hundred twenty thousand dollars ($220,000.00) payable in
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2
installments at the same time as other employees of the CITY in the
Executive Management Unit.
2. All other terms, conditions and provisions in the Agreement remain in
full force and effect. If there is a conflict between the terms of this First Amendment
and the Agreement, the terms of the Agreement will control unless specifically
modified by this Amendment.
[Signatures on the following page]
162
3
IN WITNESS THEREOF, the City of South San Francisco has caused this
Agreement to be signed and executed on its behalf by the Mayor and duly attested by
its Assistant City Clerk, and ACOSTA has signed and executed this Agreement.
CITY OF SOUTH SAN FRANCISCO
By: ___________________________
Flor Nicolas, Mayor,
City of South San Francisco
ROSA GOVEA ACOSTA
By: ___________________________
Rosa Govea Acosta, MMC
City Clerk
ATTEST:
______________________________
Assistant City Clerk
APPROVED AS TO FORM:
_______________________________
City Attorney
5332761.1
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Executive Management,
City Manager, City Clerk
City of South San Francisco | Salary Schedule
Effective 4/12/2023
JOB TITLE JOB CODE EFFECTIVE
DATE UNIT Pay Type MINIMUM CONTROL
POINT MAXIMUM
Assistant City Manager N100 7/22/2022 EXEC Houly 121.62$ 133.78$ 147.15$
Bi-Weekly 9,729.00$ 10,702.00$ 11,772.00$
Monthly 21,080.00$ 23,188.00$ 25,507.00$
Assistant to the City Manager N180 7/22/2022 EXEC Hourly 72.78$ 80.06$ 88.06$
Bi-Weekly 5,822.00$ 6,405.00$ 7,045.00$
Monthly 12,615.00$ 13,876.00$ 15,264.00$
City Clerk E100 12/13/2022 ELECT Hourly 105.77$
Bi-Weekly 8,462.00$
Monthly 18,333.00$
City Manager N115 3/8/2023 CM Hourly 168.27$
Bi-Weekly 13,462.00$
Monthly 29,167.00$
Communications Director N190 7/22/2022 EXEC Hourly 104.39$ 114.82$ 126.31$
Bi-Weekly 8,351.00$ 9,186.00$ 10,105.00$
Monthly 18,094.00$ 19,903.00$ 21,893.00$
Deputy City Manager N120 11/11/2022 EXEC Hourly 104.39$ 114.82$ 126.31$
Bi-Weekly 8,351.00$ 9,186.00$ 10,105.00$
Monthly 18,094.00$ 19,903.00$ 21,893.00$
Director of Capital Projects N195 7/22/2022 EXEC Hourly 104.39$ 114.82$ 126.31$
Bi-Weekly 8,351.00$ 9,186.00$ 10,105.00$
Monthly 18,094.00$ 19,903.00$ 21,893.00$
Director of Economic & Community Development N140 7/22/2022 EXEC Hourly 106.52$ 117.17$ 128.88$
Bi-Weekly 8,521.00$ 9,373.00$ 10,311.00$
Monthly 18,463.00$ 20,309.00$ 22,340.00$
Director of Finance N145 7/22/2022 EXEC Hourly 108.41$ 119.25$ 131.17$
Bi-Weekly 8,672.00$ 9,540.00$ 10,494.00$
Monthly 18,790.00$ 20,669.00$ 22,736.00$
Fire Chief N150 7/22/2022 EXEC Hourly 124.32$ 136.75$ 150.43$
Bi-Weekly 9,946.00$ 10,940.00$ 12,034.00$
Monthly 21,549.00$ 23,704.00$ 26,074.00$
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Executive Management,
City Manager, City Clerk
City of South San Francisco | Salary Schedule
Effective 4/12/2023
JOB TITLE JOB CODE EFFECTIVE
DATE UNIT Pay Type MINIMUM CONTROL
POINT MAXIMUM
Director of Human Resources N130 7/22/2022 EXEC Hourly 104.39$ 114.82$ 126.31$
Bi-Weekly 8,351.00$ 9,186.00$ 10,105.00$
Monthly 18,094.00$ 19,903.00$ 21,893.00$
Director of Information Technology N165 7/22/2022 EXEC Hourly 107.39$ 118.13$ 129.94$
Bi-Weekly 8,591.00$ 9,450.00$ 10,395.00$
Monthly 18,614.00$ 20,475.00$ 22,523.00$
Library Director N110 7/22/2022 EXEC Hourly 104.87$ 115.36$ 126.90$
Bi-Weekly 8,390.00$ 9,229.00$ 10,152.00$
Monthly 18,178.00$ 19,996.00$ 21,995.00$
Director of Parks and Recreation N175 7/22/2022 EXEC Hourly 109.12$ 120.03$ 132.03$
Bi-Weekly 8,729.00$ 9,602.00$ 10,563.00$
Monthly 18,914.00$ 20,805.00$ 22,886.00$
Chief of Police N155 7/22/2022 EXEC Hourly 127.57$ 140.33$ 154.36$
Bi-Weekly 10,206.00$ 11,226.00$ 12,349.00$
Monthly 22,112.00$ 24,323.00$ 26,756.00$
Director of Public Works N160 7/22/2022 EXEC Hourly 108.95$ 119.85$ 131.84$
Bi-Weekly 8,716.00$ 9,588.00$ 10,547.00$
Monthly 18,885.00$ 20,774.00$ 22,851.00$
Page 1 of 1 165
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:22-31 Agenda Date:4/12/2023
Version:1 Item #:13.
Report regarding a resolution awarding a construction contract to McGuire and Hester of Alameda,California
for the Grand Boulevard Initiative Phase III Project (Project No.st1807,Bid No.2658)in an amount not to
exceed $3,257,557,authorizing a total construction contract authority budget of $3,925,300,and authorizing
the City Manager to execute the agreement on behalf of the City.(Jeffrey Chou, Senior Civil Engineer)
RECOMMENDATION
Staff recommends that the City Council adopt a resolution awarding a construction contract to McGuire
and Hester of Alameda,California for Grand Boulevard Initiative Phase III Project (Project No.st1807,
Bid No.2658)in an amount not to exceed $3,257,557,authorizing a total construction contract authority
budget of $3,925,300, and authorizing the City Manager to execute the agreement on behalf of the City.
BACKGROUND/DISCUSSION
The Complete Streets Improvements on El Camino Real (SR82)Project (between Arroyo Drive and Kaiser
Way)is part of the Grand Boulevard Initiative Project,a collaboration of 19 cities,counties,local and regional
agencies united to improve the performance,safety,and aesthetics of El Camino Real.Starting at the northern
Daly City city limit (where it is named Mission Street)and ending near the Diridon Caltrain Station in central
San Jose (where it is named The Alameda).The initiative brings together local agencies focused on improving
the condition, use and performance of the street.
The South San Francisco portion of the Grand Boulevard Initiative Project starts at McClellan Drive and ends
at Chestnut Avenue,which is approximately one mile,where Phase I from Arroyo Drive to Chestnut Avenue
and Phase II from McClellan Drive to Kaiser Way have been recently constructed.
The Grand Boulevard Initiative Phase III Project (Project)from Arroyo Drive to Kaiser Way will conform to
the southern limit of the Phase I improvements and the northern limit of the Phase II improvements,creating a
thoroughfare that is functionally and aesthetically consistent for vehicle,bicycle,and pedestrian traffic.See
Attachment 1 - Project Location Map.
The Project improvements include enhanced pedestrian crossings,new ADA curb ramps,new pervious
sidewalks and path,new bike lanes,and upgraded landscaped median.The Project will also install a new
pedestrian path from El Camino Real to Del Paso Drive to promote easier access with the residents from the
Buri Buri neighborhood to the El Camino Real corridor.
Staff previously applied this project for the One Bay Area Grant 2 (OBAG2)and MTC Safe and Seamless
Mobility Quick Strike Program and was awarded federal grant funding in the amount of $875,000 and
$2,120,000, respectively, for the construction and construction engineering phases of the project.
Overview of City’s Procurement Process
The City’s procurement process is governed by both state and local law.State law requires contracts for
construction to be competitively bid pursuant to a set of specific,established rules.In particular,the City is
required to award construction contracts to the “lowest responsible bidder”after providing notice in
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required to award construction contracts to the “lowest responsible bidder”after providing notice in
accordance with law. (Pub. Contract Code §§ 20162, 20164.)
However,in awarding contracts for the purchase of professional services,equipment and supplies,the City has
some latitude.State law requires the City to adopt regulations and policies to govern such service and supplies
procurement,but otherwise provides the City flexibility in determining relevant requirements as long as they
are consistent with applicable state law.(Gov.Code §54202.)Chapter 4.04 of the Municipal Code and the
City’s Purchasing Procedures (Administrative Instruction Section IV,No.1)govern the City’s purchasing
policies and contract procurement processes.
The City’s purchasing ordinance distinguishes between three primary types of procurement methods as follows:
1.Competitive Bidding for Construction Projects
Public projects are specifically defined under the Public Contract Code,and generally involve any
construction project that is paid with public funds or those projects involving improvements,
demolition or other work on public property or facility.Public projects are required to be procured
through competitive bidding and the City must award the contract to the lowest bidder whose bid
complies with all the City’s solicitation requirements and demonstrates that the bidder is able to
perform the work.Under the City’s policy,different levels of competitive bidding are required
depending on the dollar limit of the underlying project.
For these contracts,cost is generally the sole determining factor,and the lowest responsible bidder is
awarded the project even if another bidder appears to be more skilled but is more expensive.
2.Open Market Procedures for Vendors (Supplies and Equipment)
Open Market Procedures is the City’s vendor selection process for purchase of goods,supplies,and
professional services.These rules do not apply to and may not be used for public construction
projects.
Contracts for the purchase of goods and services that exceed $10,000 require staff to utilize open
market procedures.If the contract is $25,000 or less,staff must obtain at least three quotes,which are
informal offers to perform work at a stated price.If the contract is greater than $25,000,staff will be
required to solicit the project,such as issuing a Request for Proposals (“RFPs”)and obtain at least
three written responses.
Under this vendor selection process,cost can be only one factor in determining which vendor the
City will ultimately select for services,equipment,or supplies.This requirement is similarly reflected
under SSFMC § 4.04.080.
Thus,when utilizing the open market vendor selection process,the City is focused on the skill,
ability,and expertise of the entity or person to be able to provide the service,equipment,or goods to
the City.The selection is based on competence,professional qualifications,and overall value to the
City with cost being only one factor in the determination of an award.
Federally Funded Procurements for Vendors (Supplies and Equipment)
Contracts that receive federal funding are required to incorporate and comply with additional terms
and conditions.The City’s Purchasing Procedures also provide guidance on procuring supplies and
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and conditions.The City’s Purchasing Procedures also provide guidance on procuring supplies and
equipment contracts that are federally funded.Federally funded procurements also require a written
procedure for conducting evaluations and for selecting recipients and awarding the contract to the
responsible firm whose proposal is most advantageous to the City with price being only one factor.It
is also important to note that federally funded procurements do not include state or local geographical
preferences unless specifically authorized by federal law.Each evaluation is a non-discrimination and
equal opportunity for all vendors.
3.Open Market Procedures for Architectural and Engineering (A&E) Professional Services
For certain professional services such as architectural,engineering,environmental,land surveying,or
construction project management,the Government Code also specifically requires that such services
not be awarded solely based on price,but instead based on demonstrated competence.(Gov.Code §
4526.)Both the state law provision and the City’s policy reflect the legislative view that when
acquiring such services,the City does not necessarily receive the best value when it pays the lowest
price. (See e.g., California Attorney General Op. No. 94-819 (February 9, 1995)).
Current Project:
Grand Boulevard Initiative Phase III Project, st1807, Bid No. 2658
This project falls under Procurement Type 1: Competitive Bidding for Construction Projects.
Staff advertised a notice inviting bids for the project on December 5,2022,and December 12,2022.On
January 26,2023,staff received four (4)bid proposals in response to the notice inviting bids.Staff reviewed all
bid proposals and identified that the lowest responsible bidder was McGuire and Hester of Alameda,California.
Staff has verified the low bidder’s current contractor’s license with the California State Licensing Board and
found it to be in good standing, and not on the State’s or Federal’s debarment lists.
The project was advertised with a “Base Bid”and “Alternative Bid”schedule.The selection of award of a
contract is based on the lowest responsive bid “for the Base Bid”schedule.The “Alternative Bid”schedule was
used to include a bid item for an additional two years of plant establishment.
The City also established a Disadvantaged Business Enterprise (DBE)goal of 16%since Federal funds are
being utilized on the project.
The following is a summary of all bids received:
Rank Contractor "Base Bid" Schedule
Results
"Alternate Bid"
Schedule Results
1 McGuire and Hester $3,214,557.00 $43,000.00
2 Redgwick Construction Co.$3,499,314.00 $95,000.00
3 Sposeto $4,010,143.50 $70,000.00
4 Interstate Grading & Paving, Inc.$4,048,639.75 $ 2,000.00
Engineers Estimate (by Mark Thomas)$2,969,956.50 $50,000.00
Staff reviewed the lowest bidder (McGuire and Hester)and determined that its bid was responsive and
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File #:22-31 Agenda Date:4/12/2023
Version:1 Item #:13.
Staff reviewed the lowest bidder (McGuire and Hester)and determined that its bid was responsive and
responsible.Although,McGuire and Hester’s bid proposal included a DBE commitment of 10.1%,lower than
the City’s DBE goal of 16%,City staff determined that,through extensive evaluation,and a subsequent
reconsideration hearing,McGuire and Hester did perform adequate Good Faith Efforts to meet the DBE goal.
Caltrans staff have also concurred that the City has followed all steps regarding the Good Faith Efforts
evaluation and agree with the City’s determination to award the project to McGuire and Hester.
McGuire and Hester’s bid is 8.2%higher than the Engineer’s Estimate which is within reason with the
changing construction climate and rising cost in material and labor.
Staff recommend awarding both the Base Bid and Alternative Bid schedules to McGuire and Hester.
The project construction budget is:
McGuire and Hester Construction Contract $3,257,557
Construction Contingency (20%)$667,743
Total Project Construction Budget $3,925,300
The construction contingency will be used for any additional costs related to design changes during the
construction operations.
FISCAL IMPACT
This project (CIP No.st1807)is included in the City of South San Francisco’s fiscal year 2022-2023 Capital
Improvements Program. There are sufficient funds in FY 2022-23 to cover the total construction contract costs.
RELATIONSHIP TO STRATEGIC PLAN
Approval of this action will contribute to the City’s Strategic Plan outcome of improved Quality of Life by
maintaining and improving infrastructure to serve the public.
CONCLUSION
Awarding the construction contract to McGuire and Hester of Alameda,California,for the Grand Boulevard
Initiative Phase III Project will complete the last phase of the Grand Boulevard Initiative and install new Class
II bike lane and pedestrian sidewalks between Arroyo Dr and Kaiser along El Camino real.
Attachments:
1.Project Location Map
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ATTACHMENT 1 – PROJECT LOCATION MAP 170
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:22-32 Agenda Date:4/12/2023
Version:1 Item #:13a.
Resolution awarding a construction contract to McGuire and Hester of Alameda, California for the Grand
Boulevard Initiative Phase III Project (Project No. st1807, Bid No. 2658) in an amount not to exceed
$3,257,557, authorizing a total construction contract authority budget of $3,925,300, and authorizing the City
Manager to execute the agreement on behalf of the City.
WHEREAS,the Grand Boulevard Initiative Phase III Project (“Project”)will complete the last phase of the
Grand Boulevard Initiative and install new Class II bike lane and pedestrian sidewalks between Arroyo Drive
and Kaiser along El Camino Real; and
WHEREAS,the City issued a notice inviting bids for the project on December 5,2022,and December 12,
2022, and on January 26, 2023 received four (4) bid proposals in response; and
WHEREAS,McGuire and Hester of Alameda,California was the lowest responsible bidder and provided
competitive unit prices; and
WHEREAS,staff recommends awarding the construction contract to McGuire and Hester of Alameda,
California in an amount not to exceed $3,257,557, which is the total for the base bid plus the bid alternate; and
WHEREAS,staff also requests the City Council to authorize a construction contract authority budget of
$3,257,557,with additional $667,743 contingency,totaling a construction budget of $3,925,300 for the Project;
and
WHEREAS,the Project is included in the City of South San Francisco’s fiscal year 2022-23 Capital
Improvement Program (Project No.st1807)with sufficient funds in FY 2022-23 to cover the initial construction
costs through the end of the current fiscal year.
NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of South San Francisco that the City
Council hereby awards a construction contract,a draft of which is attached hereto and incorporated herein as
Exhibit A,for the Grand Boulevard Initiative Phase III Project to McGuire and Hester of Alameda,California,
in an amount not to exceed $3,257,557 conditioned on McGuire and Hester’s timely execution of the Project
contract and submission of all required documents,including but not limited to,certificates of insurance and
endorsement, in accordance with the Project documents.
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File #:22-32 Agenda Date:4/12/2023
Version:1 Item #:13a.
BE IT FURTHER RESOLVED the City Council authorizes a total construction contract authority budget of
$3,925,300 and authorizes the City Manager to utilize unspent amount of the total Project budget,if necessary,
towards additional construction contingency budget.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the construction contract
in substantially the same form as Exhibit A and any other related documents on behalf of the City upon timely
submission by McGuire and Hester of the signed contract and all other documents,subject to approval by the
City Attorney.
BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to take any other related
actions consistent with the intention of the resolution.
*****
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Page A-1 of 9
DRAFT AGREEMENT FOR PUBLIC IMPROVEMENTS
THIS AGREEMENT made and entered into this ____, day of ______, _____, between the CITY
OF SOUTH SAN FRANCISCO, a municipal corporation and political subdivision of the State of
California, hereinafter called “CITY”, and MCGUIRE AND HESTER Inc., hereinafter called
“CONTRACTOR”1.
W I T N E S S E T H:
WHEREAS, City has taken appropriate proceedings to authorize construction of the public work
and improvements herein provided and execution of this contract.
WHEREAS, a notice was duly published for bids for the contract for the improvements
hereinafter described.
WHEREAS, on ____________, notice duly given, the City Council (“Council”) of said City
awarded the contract for the construction of the improvements hereinafter described to the Contractor,
which Contractor said Council found to be the lowest responsible bidder for said improvements.
WHEREAS, City and Contractor desire to enter into this agreement for the construction of said
improvements pursuant to the terms, definitions, and conditions set forth in the General Provisions and
other Contract Documents.
IT IS AGREED as follows:
1. Scope of Work. Contractor shall perform the Work described briefly as follows:
The Work consists of the furnishing of all labor, materials, tools, equipment, and services necessary for
the construction of the EL CAMINO REAL GRAND BOULEVARD III OBAG PROJECT; in
accordance with the Contract Documents.
Also included are any such other items or details not mentioned above that are required by the
Contract Documents, which are to be constructed or furnished and installed as shown on the plans, as
specified herein and as directed by the Engineer.
The aforementioned improvements are further described in the "Contract Documents" hereinafter
referred to.
2. The Contract Documents. The complete Contract consists of the following documents:
(A) Notice Inviting Bids
(B) Part I – Submitted Proposal (as accepted)
(C) This Agreement, including Contractor’s Payment Bond, Faithful Performance
Bond and Guaranty Bond.
1.1The term "Contractor" as used herein is employed without distinction as to either number or gender and shall
include whenever the context shall permit all agents, representatives, employees, servants, subcontractors and
business or social invitees.
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(D) Part II – General Conditions
(E) Part III – Special Provisions: Special Conditions and Technical Specifications,
including State Standard Specifications dated 2018, sections 10-99, as revised in Revised
Standard Specifications (RSS) dated October 15, 2021
(F) Part IV – Project Plans, dated November 2022 including referenced City standard
details as are current on November 29, 2022.
(G) Administrative subsections of the State Standard Specifications dated 2018, as
specifically referenced in contract Parts I-IV and as revised in RSS dated October 15, 2021
All rights and obligations of City and Contractor are fully set forth and described in the contract
documents.
All of the above-named documents are intended to cooperate, so that any work called for in one
and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said
documents. The documents comprising the complete contract will hereinafter be referred to as “the
Contract Documents.”
3. Equipment - Performance of Work. Contractor shall furnish all tools, equipment,
apparatus, facilities, labor, and materials necessary to perform and complete in a good and workmanlike
manner the Work of general construction as called for, and for the manner designated in, and in strict
conformity with, the plans and specifications for said Work entitled:
EL CAMINO REAL GRAND BOULEVARD III OBAG PROJECT
The equipment, apparatus, facilities, labor, and materials shall be furnished and said Work
performed and completed as required in said plans and specifications under the direction and supervision
and subject to the approval of the Engineer of said City or the Engineer’s designated assistant.
4. Contract Price. City shall pay, and Contractor shall accept, in full payment for the Work
agreed to be done the sum of THREE MILLION TWO HUNDRED FIFETY SEVEN THOUSAND
FIVE HUNDERD FIFETY SEVEN DOLLARS ($3,257,557.00). Said price is determined by the lump
sum price contained in Contractor's bid proposal (“Bid”). The lump sum price and unit prices are set
forth in the completed Bid forms attached hereto and made a part hereof as if set forth herein verbatim. In
the event work is performed or materials furnished in addition to those set forth in Contractor's bid and
the specifications herein, such work and materials will be paid for at the unit prices therein contained.
Said amount shall be paid in installments as hereinafter provided.
5. Rights of City to Increase Working Days. If such Work is not completed within the time
specified, the Engineer shall have the right to increase the number of working days in the amount it may
determine will best serve the interest of the City. If it desires to increase said number of working days, it
shall have the further right to charge to Contractor and deduct from the final payment for the Work the
actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly
chargeable to Contractor and which accrue during the period of such extension, except that the cost of the
final service and preparation of the final estimates shall not be included in such charges, provided,
however, that no extension of time for the completion of such Work shall be allowed unless at least
twenty (20) calendar days prior to the time herein fixed for the completion thereof or the time fixed by the
Engineer for such completion as extended, Contractor shall have filed application for extension thereof, in
writing with the Engineer.
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6. Option of City to Terminate Agreement in Event of Failure to Complete Work. If at any
time in the opinion of the Engineer, the Contractor has refused or failed to prosecute the Work or any
severable part thereof, with such diligence as will insure its work, or any completion within the time
specified, or any extensions thereof, or shall have failed to complete said work within such time, or if
Contractor should be adjudged a bankrupt, or if Contractor should make a general assignment for the
benefit of Contractor's creditors, or if a receiver should be appointed in the event of Contractor's
insolvency, or if Contractor, or any Subcontractor, should violate any of the provisions of this Agreement,
the Engineer may give written notice to Contractor, and Contractor's sureties of its intention to terminate
this Agreement, such notice to contain the reasons for such intention to terminate this Agreement, and
unless within five calendar (5) days after the serving of such notice, such violation shall cease and
satisfactory arrangements for the correction thereof be made, this Agreement may, at the option of City,
upon expiration of said time, cease and terminate. Any excess of cost arising therefrom over and above
the contract price will be charged against the Contractor and the Contractor’s sureties who will be liable
therefore. In the event of such termination, all money due the Contractor or retained under the terms of
this contract shall be forfeited to the City; but such forfeiture will not release the Contractor or the
Contractor’s sureties from liability or failure to fulfill the contract. The Contractor and the Contractor’s
sureties will be credited with the amount of money so forfeited toward any excess of cost over and above
the contract price, arising from the suspension termination of the operations of the contract and the
completion of the Work by the City as above provided, and the Contractor will be so credited with any
surplus remaining after all just claims for such completion have been paid.
In the determination of the question whether there has been any such noncompliance with the
contract as to warrant the suspension termination or annulment thereof, the decision of the Engineer shall
be binding on all parties to the contract.
7. Termination of Contract for Convenience. The City also reserves the right to terminate
the contract at any time upon a determination by the Engineer in the Engineer's sole discretion that
termination of the contract is in the best interest of the City. If the City elects to terminate the contract for
convenience, the termination of the contract and the total compensation payable to the Contractor shall be
governed by the following:
(A) The City will issue the Contractor a written notice signed by the Engineer,
specifying that the contract is terminated. Upon receipt of said written notice, the Contractor will be
relieved of further responsibility for damage to the Work (excluding materials) as specified in Section
VII-17, "Contractor's Responsibility for the Work," of the General Conditions and, except as otherwise
directed in writing by the Engineer, the Contractor shall:
(1) Stop all work under the contract except that specifically directed to be completed prior to
acceptance.
(2) Perform work the Engineer deems necessary to secure the project for termination.
(3) Remove equipment and plant from the site of the Work.
(4) Take such action as is necessary to protect materials from damage.
(5) Notify all subcontractors and suppliers that the contract is being terminated and that their
contracts or orders are not to be further performed unless otherwise authorized in writing by the
Engineer.
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(6) Provide the Engineer with an inventory list of all materials previously produced,
purchased or ordered from suppliers for use in the Work and not yet used in the Work, including
its storage location, and such other information as the Engineer may request.
(7) Dispose of materials not yet used in the Work as directed by the Engineer. It shall be the
Contractor's responsibility to provide the City with good title to all materials purchased by the
City hereunder, including materials for which partial payment has been made as provided in
Section IX-2, “Progress Payments,” of the General Conditions and with bills of sale or other
documents of title for such materials.
(8) Subject to the prior written approval of the Engineer, settle all outstanding liabilities and
all claims arising out of subcontracts or orders for materials terminated hereunder. To the extent
directed by the Engineer, the Contractor shall assign to the City all the right, title, and interest of
the Contractor under subcontracts or orders for materials terminated hereunder.
(9) Furnish the Engineer with the documentation required to be furnished by the Contractor
under the provisions of the contract, including, on projects as to which Federal and State funds
are involved, all documentation required under the Federal and State requirements included in the
contract.
(10) Take such other actions as the Engineer may direct.
(B) Acceptance of the contract as hereinafter specified shall not relieve the
Contractor of responsibility for damage to materials. The Contractor shall continue to be responsible for
damage to materials after issuance of the Notice of Termination, except as follows:
(1) The Contractor’s responsibility for damage to materials for which partial payment has
been made as provided in Section IX-2, “Progress Payments,” of the General Conditions and for
materials furnished by the City for use in the Work and unused shall terminate when the Engineer
certifies that such materials have been stored in the manner and at the locations the Engineer has
directed.
(2) The Contractor’s responsibility for damage to materials purchased by the City subsequent
to the issuance of the notice that the contract is to be terminated shall terminate when title and
delivery of such materials has been taken by the City.
(3) When the Engineer determines that the Contractor has completed the Work under the
contract directed to be completed prior to termination and such other work as may have been
ordered to secure the project for termination, the Contractor will recommend that the Engineer
formally accept the contract to the extent performed, and immediately upon and after such
acceptance by the Engineer, the Contractor will not be required to perform any further Work
thereon and shall be relieved of the Contractor's contractual responsibilities for injury to persons
or property which occurs after the formal acceptance of the project by the Engineer.
(C) Termination of the contract shall not relieve the surety of its obligation for any
just claims arising out of the work performed.
(D) The total compensation to be paid to the Contractor shall be determined by the
Engineer on the basis of the following:
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(1) The reasonable cost to the Contractor, without profit, for all work performed under the
contract, including mobilization, demobilization and work done to secure the project for
termination. In determining the reasonable cost, deductions will be made for the cost of materials
to be retained by the Contractor, amounts realized by the sale of materials, and for other
appropriate credits against the cost of the work. When, in the opinion of the Engineer, the cost of
a contract item of work is excessively high due to costs incurred to remedy or replace defective or
rejected work, the reasonable cost to be allowed will be the estimated reasonable cost of
performing such work in compliance with the requirements of the plans and specifications and the
excessive actual cost shall be disallowed.
(2) A reasonable allowance for profit on the cost of the work performed as determined under
Subsection (1), provided the Contractor establishes to the satisfaction of the Engineer that it is
reasonably probable that the Contractor would have made a profit had the contract been
completed and provided further, that the profit allowed shall in no event exceed four (4) percent
of said cost.
(3) The reasonable cost to the Contractor of handling material returned to the vendor,
delivered to the City, or otherwise disposed of as directed by the Engineer.
(4) A reasonable allowance for the Contractor’s administrative costs in determining the
amount payable due to termination of the contract.
(5) A reasonable credit to the City for defective or incomplete work not corrected.
All records of the Contractor and subcontractors necessary to determine compensation in
accordance with the provisions of this Section 5 shall be open to inspection or audit by representatives of
the City at all times after issuance of the Notice of Termination and for a period of three (3) years,
thereafter, and such records shall be retained for that period.
After acceptance of the Work by the Engineer, the Engineer may make payments on the basis of
interim estimates pending issuance of the Final Estimate in accordance with Section IX-7, “Final
Payment,” of the General Conditions when, in the Engineer's opinion, the amount thus paid, together with
all amounts previously paid or allowed, will not result in total compensation in excess of that to which the
Contractor will be entitled. All payments, including payment upon the Final Estimate shall be subject to
deduction for prior payments and amounts, if any, to be kept or retained under the provisions of the
contract.
If this contract is terminated by the City for cause, and it is later determined that the proper basis
for a termination for cause did not exist, the termination shall be deemed to have been a termination for
convenience and governed by the terms of this contract dealing with such termination.
If the contract is terminated by the City for cause or convenience, such termination shall neither
act as a waiver by the City of its right to require the Contractor to correct defects in the Work performed
by the Contractor nor void any warranties applicable to the Work performed under the contract.
The provisions of this Section 5 shall be included in all subcontracts.
In the event of conflict between the termination provisions of this Section 8 and any other
provision or the contract, this Section 5 shall prevail.
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8. Performance by Sureties. In the event of any termination as herein before provided, City
shall immediately give written notice thereof to Contractor and Contractor's sureties and the sureties shall
have the right to take over and perform the Agreement, provided, however, that if the sureties, within five
(5) working days after giving them said notice of termination, do not give the City written notice of their
intention to take over the performance of the Agreement and do not commence performance thereof
within five (5) working days after notice to the City of such election, City may take over the Work and
prosecute the same to completion by contract or by any other method it may deem advisable, for the
account, and at the expense, of Contractor, and the sureties shall be liable to City for any excess cost or
damages occasioned City thereby; and, in such event, City may, without liability for so doing, take
possession of and utilize in completing the Work such materials, appliances, plant, and other property
belonging to Contractor as may be on the site of the Work and necessary therefore. Should Contractor
contract in an individual capacity, the surety bond shall contain the following provision: “Should
Contractor contract in the Contractor’s individual capacity, the death of the Contractor shall not relieve
the surety of its obligations.”
9. Hold-Harmless Agreement and Contractor's Insurance. Contractor agrees to, and shall,
hold City, its elective and appointive boards, officers, agents, and employees harmless from any liability
for damage or claims for damage for personal injury, including death, as well as from claims for property
damage which may arise from Contractor's or any of Subcontractor's operations under this Agreement,
whether such operations be by Contractor or by any Subcontractor or Subcontractors, or by any one or
more persons directly or indirectly employed by, or acting as agent for, Contractor or any Subcontractor
or Subcontractors. Contractor agrees to, and shall, defend City and its elective and appointive boards,
officers, agents, and employees from any suits or actions at law or in equity for damages caused, or
alleged to have been caused, by reason of any of the aforesaid operations, provided as follows:
(A) The City does not, and shall not, waive any rights against Contractor which it may have
by reason of the aforesaid hold-harmless agreement, because of the acceptance by City, or the
deposit with City by Contractor, of any of the insurance policies hereinafter described in
Paragraph 15, “Insurance” hereof.
(B) That the aforesaid hold-harmless agreement by Contractor shall apply to all damages and
claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of
the aforesaid operations of Contractor or any Subcontractor, regardless of whether or not such
insurance policies shall have been determined to be applicable to any of such damages or claims
for damages.
10. Insurance. The Contractor shall take out and maintain during the life of this Agreement
the following policies of insurance:
(A) Workers' Compensation and Employers' Liability Insurance providing full
statutory coverage.
In signing this Agreement, the Contractor makes the following certification, required by
Section 1861 of the California Labor Code:
"I am aware of the provisions of Section 3700 of the California 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 of this contract".
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(B) Comprehensive General Liability Insurance.
Public Liability Insurance (includes premises, elevator - if applicable, products,
completed operations, personal injury and contractual):
(1) Bodily Injury Liability:
$ 500,000 each person $1,000,000 each occurrence
(2) Property Damage Liability [includes XCU (explosion, collapse, and underground
damage); water damage and broad form property damage or third party liability]:
$ 500,000 per occurrence
(C) Comprehensive Automobile Liability Insurance (includes owned, non-owned,
and hired vehicles):
(1) Bodily Injury Liability:
$ 500,000 per person $1,000,000 each occurrence
(2) Property Damage Liability:
$ 500,000 each occurrence
(D) It is agreed that the insurance required by Subsections B and C, in an aggregate
amount of not less than ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,000), shall
be extended to include as additional insured the City of South San Francisco, its elective and appointive
boards, commissions, officers, agents, employees, with respect to operations performed by the Contractor,
as described herein. Evidence of this insurance described above shall be provided to City upon execution
of this Agreement and shall be subject to approval of the City Attorney as to form, amount, and carrier.
The policy of insurance shall also contain a provision indicating that such insurance shall not be reduced
or cancelled except upon thirty (30) calendar days written notice to City. In addition, the following
endorsement shall be made on said policy of insurance:
"The following are named as additional insured on the above policies: The City of South
San Francisco, its elective and appointive boards, officers, agents, and employees."
"Notwithstanding any other provision in this policy, the insurance afforded hereunder to
the City of South San Francisco shall be primary as to any other insurance or re-insurance
covering or available to the City of South San Francisco, and such other insurance or
reinsurance shall not be required to contribute to any liability or loss until and unless the
approximate limit of liability afforded hereunder is exhausted."
The above requirements that the City be named as additional insured, that the insurance
shall be primary to any other, and that the insurance not be cancelled without notice, shall be provided in
the form of an endorsement signed by an authorized representative of the insurance company providing
coverage, who shall declare his or her authority to sign on behalf of the insurer.
11. Proof of Carriage of Insurance. Contractor shall furnish City through the Engineer,
concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required and
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that each carrier shall give City at least thirty (30) calendar days prior notice of the cancellation or change
of any policy during the effective period of this contract. Further, if the Contractor’s insurance policy
includes a self-insured retention that must be paid by a named insured as a precondition of the insurer’s
liability, or which has the effect of providing that payments of the self-insured retention by others,
including additional insureds or insurers do not serve to satisfy the self-insured retention, such provisions
must be modified by special endorsement so as to not apply to the additional insured coverage required by
this agreement so as to not prevent any of the parties to this agreement from satisfying or paying the self-
insured retention required to be paid as a precondition to the insurer’s liability. Additionally, the
certificates of insurance must note whether the policy does or does not include any self-insured retention
and also must disclose the deductible.
12. Provisions Cumulative. The provisions of this Agreement are cumulative, and in addition
to and not in limitation of, any other rights or remedies available to City.
13. Form FHWA 1273. For a Federal-aid contract, form FHWA-1273 is included in this
Agreement as Attachment B. Comply with its provisions. Interpret the training and promotion section as
specified in section 7-1.11A of the State Standard Specifications.
14. Federal Minimum Wage Rates – For a Federal-aid contract, federal minimum wage rates
apply and are included in the Agreement as Attachment C.
15. Appendix E of the Title VI Assurances. For a Federal-aid contract, federal
nondiscrimination requirements (entitled appendix R of the Title VI Assurances) apply and are
incorporated into this Agreement as Attachment D.
16. Notices. All notices shall be in writing and delivered in person or transmitted by certified
mail, postage prepaid.
Notices required to be given to City shall be addressed as follows:
City Clerk
City Hall, 400 Grand Avenue
South San Francisco, California 94080
Notices required to be given to Contractor shall be addressed as follows:
_________________________________________________________________________
_________________________________________________________________________
Notices required to be given sureties of Contractor shall be addressed as follows:
_________________________________________________________________________
Notices required to be given to the Escrow Agent of Contractor, if any, shall be addressed as
follows:
_________________________________________________________________________
17. Interpretation. As used herein, any gender includes each other gender, the singular
includes the plural, and vice versa.
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IN WITNESS WHEREOF, two (2) identical counterparts of this Agreement, consisting of twelve
(12) pages (being pages A-1 through A-12), each of which counterparts shall for all purposes be deemed
an original of said Agreement, have been duly executed by the parties hereinabove named, on the day and
year first hereinabove written.
CITY OF SOUTH SAN FRANCISCO,CONTRACTOR:
A Municipal Corporation ____________________________________
____________________________________
By:_______________________________
Mike Futrell, City Manager By:_________________________________
(If Contractor is an individual, so state.
If Contractor is a Corporation, a corporate seal
or signatures of the President or Vice President
and the Secretary Treasurer are required).
APPROVED AS TO FORM:
____________________________
City Attorney
ATTEST:
_______________________________
City Clerk
181
ATTACHMENT A
ESCROW AGREEMENT FOR
SECURITY DEPOSITS IN LIEU OF RETENTION
THIS ESCROW AGREEMENT is made and entered into by and between the City of South
San Francisco whose address is 400 Grand Ave., P.O. Box 711, South San Francisco, CA 94083,
hereinafter referred to as "City," and ________________________________________,whose address
is ___________________________________________________________, hereinafter called
“Contractor” and ______________________________________________________________,whose
address is ___________________________________________________________, hereinafter called
“Escrow Agent.”
For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows:
1. Pursuant to Section 22300 of the Public Contract Code of the State of California,
Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings
required to be withheld by Owner pursuant to the Construction Contract entered into between the
Owner and Contractor for __________________ in the amount of _______________dollars ($_____)
dated ___________ (hereinafter referred to as the “Contract”). Alternately, on written request of the
Contractor, the Owner shall make payments of the retention earnings directly to the Escrow Agent.
When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent
shall notify the Owner within 10 working days of the deposit. The market value of the securities at
the time of the substitution shall be at least equal to the cash amount then required to be withheld as
retention under the terms of the Contract between the Owner and Contractor. Securities shall be held
in the name of _______________, and shall designate the Contractor as the beneficial owner.
2. The Owner shall make progress payments to the Contractor for those funds which
otherwise would be withheld from progress payments pursuant to the Contract provisions, provided
that the Escrow Agent holds securities in the form and amount specified above.
3. When the Owner makes payment of retentions earned directly to the Escrow Agent,
the Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow
created under this contract is terminated. The Contractor may direct the investment of the payments
into securities. All terms and conditions of this agreement and the rights and responsibilities of the
parties shall be equally applicable and binding when the Owner pays the Escrow Agent directly.
4. Contractor shall be responsible for paying all fees for the expenses incurred by
Escrow Agent in administering the Escrow Account and all expenses of the Owner. These expenses
and payment terms shall be determined by the Owner, Contractor, and Escrow Agent.
5. The interest earned on the securities or the money market accounts held in escrow
and all interest earned on that interest shall be for the sole account of Contractor and shall be subject
to withdrawal by Contractor at any time and from time to time without notice to the Owner.
6. Contractor shall have the right to withdraw all or any part of the principal in the
Escrow Account only by written notice to Escrow Agent accompanied by written authorization from
the Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be
withdrawn by Contractor.
7. The Owner shall have a right to draw upon the securities in the event of default by
the Contractor. Upon seven day’s written notice to the Escrow Agent from the Owner of the default,
the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as
instructed by the Owner.
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8. Upon receipt of written notification from the Owner certifying that the Contract is
final and complete, and that the Contractor has complied with all requirements and procedures
applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on
deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately
upon disbursement of all moneys and securities on deposit and payments of fees and charges.
9. Escrow Agent shall rely on the written notifications from the Owner and the
Contractor pursuant to Sections (5) to (8), inclusive, of this Agreement, and the Owner and Contractor
shall hold Escrow Agent harmless from Escrow Agent’s release and disbursement of the securities and
interest as set forth above.
10. The names of the persons who are authorized to give written notice or to receive
written notice on behalf of the Owner and on behalf of Contractor in connection with the foregoing,
and exemplars of their respective signatures are as follows:
On behalf of Owner: On behalf of Contractor:
__________________________________ __________________________________
Title Title
__________________________________ __________________________________
Name Name
__________________________________ __________________________________
Signature Signature
__________________________________ __________________________________
Address Address
On behalf of Escrow Agent:
__________________________________
Title
__________________________________
Name
__________________________________
Signature
__________________________________
Address
At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the
Escrow Agent a fully executed counterpart of this Agreement.
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IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers
on the date first set forth above.
Owner: Contractor:
__________________________________ __________________________________
Title Title
__________________________________ __________________________________
Name Name
__________________________________ __________________________________
Signature Signature
Approved as to form: Attest:
_____________________________________ __________________________________
City Attorney Date City Clerk
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ATTACHMENT B
FORM 1273
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FHWA 1273-Revised July 5, 2022
REQUIRED CONCTRACT PROVISIONS
FEDERAL AID CONSTRUCTION CONTRACTS
I.General
II.Nondiscrimination
III.Non-segregated Facilities
IV.Davis-Bacon and Related Act Provisions
V.Contract Work Hours and Safety Standards Act
Provisions
VI.Subletting or Assigning the Contract
VII.Safety: Accident Prevention
VIII.False Statements Concerning Highway Projects
IX.Implementation of Clean Air Act and Federal Water
Pollution Control Act
X.Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion
XI.Certification Regarding Use of Contract Funds for
Lobbying
XII.Use of United States-Flag Vessels:
ATTACHMENTS
A. Employment and Materials Preference for Appalachian
Development Highway System or Appalachian Local Access
Road Contracts (included in Appalachian contracts only)
I.GENERAL
1.Form FHWA-1273 must be physically incorporated in each
construction contract funded under title 23, United States
Code, as required in 23 CFR 633.102(b) (excluding
emergency contracts solely intended for debris removal). The
contractor (or subcontractor) must insert this form in each
subcontract and further require its inclusion in all lower tier
subcontracts (excluding purchase orders, rental agreements
and other agreements for supplies or services). 23 CFR
633.102(e).
The applicable requirements of Form FHWA-1273 are
incorporated by reference for work done under any purchase
order, rental agreement or agreement for other services. The
prime contractor shall be responsible for compliance by any
subcontractor, lower-tier subcontractor or service provider. 23
CFR 633.102(e).
Form FHWA-1273 must be included in all Federal-aid design-
build contracts, in all subcontracts and in lower tier subcontracts
(excluding subcontracts for design services, purchase orders,
rental agreements and other agreements for supplies or
services) in accordance with 23 CFR 633.102. The design-
builder shall be responsible for compliance by any
subcontractor, lower-tier subcontractor or service provider.
Contracting agencies may reference Form FHWA-1273 in
solicitation-for-bids or request-for-proposals documents,
however, the Form FHWA-1273 must be physically incorporated
(not referenced) in all contracts, subcontracts and lower-tier
subcontracts (excluding purchase orders, rental agreements
and other agreements for supplies or services related to a
construction contract). 23 CFR 633.102(b).
2.Subject to the applicability criteria noted in the following
sections, these contract provisions shall apply to all work
performed on the contract by the contractor's own organization
and with the assistance of workers under the contractor's
immediate superintendence and to all work performed on the
contract by piecework, station work, or by subcontract. 23 CFR
633.102(d).
3.A breach of any of the stipulations contained in these
Required Contract Provisions may be sufficient grounds for
withholding of progress payments, withholding of final
payment, termination of the contract, suspension / debarment
or any other action determined to be appropriate by the
contracting agency and FHWA.
4.Selection of Labor: During the performance of this contract,
the contractor shall not use convict labor for any purpose
within the limits of a construction project on a Federal-aid
highway unless it is labor performed by convicts who are on
parole, supervised release, or probation. 23 U.S.C. 114(b).
The term Federal-aid highway does not include roadways
functionally classified as local roads or rural minor collectors.
23 U.S.C. 101(a).
II.NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part
230, Subpart A, Appendix A; EO 11246)
The provisions of this section related to 23 CFR Part 230,
Subpart A, Appendix A are applicable to all Federal-aid
construction contracts and to all related construction
subcontracts of $10,000 or more. The provisions of 23 CFR
Part 230 are not applicable to material supply, engineering, or
architectural service contracts.
In addition, the contractor and all subcontractors must comply
with the following policies: Executive Order 11246, 41 CFR Part
60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504
of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794),
Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C.
2000d et seq.), and related regulations including 49 CFR Parts
21, 26, and 27; and 23 CFR Parts 200, 230, and 633.
The contractor and all subcontractors must comply with: the
requirements of the Equal Opportunity Clause in 41 CFR 60-
1.4(b) and, for all construction contracts exceeding $10,000, the
Standard Federal Equal Employment Opportunity Construction
Contract Specifications in 41 CFR 60-4.3.
Note: The U.S. Department of Labor has exclusive authority to
determine compliance with Executive Order 11246 and the
policies of the Secretary of Labor including 41 CFR Part 60, and
29 CFR Parts 1625-1627. The contracting agency and the
FHWA have the authority and the responsibility to ensure
compliance with 23 U.S.C. 140, Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and
Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C.
2000d et seq.), and related regulations including 49 CFR Parts
21, 26, and 27; and 23 CFR Parts 200, 230, and 633.
The following provision is adopted from 23 CFR Part 230,
Subpart A, Appendix A, with appropriate revisions to conform to
the U.S. Department of Labor (US DOL) and FHWA
requirements.
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1.Equal Employment Opportunity: Equal Employment
Opportunity (EEO) requirements not to discriminate and to
take affirmative action to assure equal opportunity as set forth
under laws, executive orders, rules, regulations (see 28 CFR
Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR
Part 60 and 49 CFR Part 27) and orders of the Secretary of
Labor as modified by the provisions prescribed herein, and
imposed pursuant to 23 U.S.C. 140, shall constitute the EEO
and specific affirmative action standards for the contractor's
project activities under this contract. The provisions of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630 are
incorporated by reference in this contract. In the execution of this
contract, the contractor agrees to comply with the following
minimum specific requirement activities of EEO:
a.The contractor will work with the contracting agency and
the Federal Government to ensure that it has made every
good faith effort to provide equal opportunity with respect to all
of its terms and conditions of employment and in their review
of activities under the contract. 23 CFR 230.409 (g)(4) & (5).
b.The contractor will accept as its operating policy the
following statement:
"It is the policy of this Company to assure that applicants are
employed, and that employees are treated during employment,
without regard to their race, religion, sex, sexual orientation,
gender identity, color, national origin, age or disability. Such
action shall include: 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, pre-
apprenticeship, and/or on-the-job training."
2.EEO Officer: The contractor will designate and make
known to the contracting officers an EEO Officer who will have
the responsibility for and must be capable of effectively
administering and promoting an active EEO program and who
must be assigned adequate authority and responsibility to do
so.
3.Dissemination of Policy: All members of the contractor's
staff who are authorized to hire, supervise, promote, and
discharge employees, or who recommend such action or are
substantially involved in such action, will be made fully
cognizant of and will implement the contractor's EEO policy
and contractual responsibilities to provide EEO in each grade
and classification of employment. To ensure that the above
agreement will be met, the following actions will be taken as a
minimum:
a.Periodic meetings of supervisory and personnel office
employees will be conducted before the start of work and then
not less often than once every six months, at which time the
contractor's EEO policy and its implementation will be
reviewed and explained. The meetings will be conducted by
the EEO Officer or other knowledgeable company official.
b.All new supervisory or personnel office employees will be
given a thorough indoctrination by the EEO Officer, covering
all major aspects of the contractor's EEO obligations within
thirty days following their reporting for duty with the contractor.
c.All personnel who are engaged in direct recruitment for
the project will be instructed by the EEO Officer in the
contractor's procedures for locating and hiring minorities and
women.
d.Notices and posters setting forth the contractor's EEO
policy will be placed in areas readily accessible to employees,
applicants for employment and potential employees.
e.The contractor's EEO policy and the procedures to
implement such policy will be brought to the attention of
employees by means of meetings, employee handbooks, or
other appropriate means.
4.Recruitment: When advertising for employees, the
contractor will include in all advertisements for employees the
notation: "An Equal Opportunity Employer." All such
advertisements will be placed in publications having a large
circulation among minorities and women in the area from
which the project work force would normally be derived.
a.The contractor will, unless precluded by a valid
bargaining agreement, conduct systematic and direct
recruitment through public and private employee referral
sources likely to yield qualified minorities and women. To
meet this requirement, the contractor will identify sources of
potential minority group employees and establish with such
identified sources procedures whereby minority and women
applicants may be referred to the contractor for employment
consideration.
b.In the event the contractor has a valid bargaining
agreement providing for exclusive hiring hall referrals, the
contractor is expected to observe the provisions of that
agreement to the extent that the system meets the contractor's
compliance with EEO contract provisions. Where
implementation of such an agreement has the effect of
discriminating against minorities or women, or obligates the
contractor to do the same, such implementation violates
Federal nondiscrimination provisions.
c.The contractor will encourage its present employees to
refer minorities and women as applicants for employment.
Information and procedures with regard to referring such
applicants will be discussed with employees.
5.Personnel Actions: Wages, working conditions, and
employee benefits shall be established and administered, and
personnel actions of every type, including hiring, upgrading,
promotion, transfer, demotion, layoff, and termination, shall be
taken without regard to race, color, religion, sex, sexual
orientation, gender identity, national origin, age or disability.
The following procedures shall be followed:
a.The contractor will conduct periodic inspections of project
sites to ensure that working conditions and employee facilities
do not indicate discriminatory treatment of project site
personnel.
b.The contractor will periodically evaluate the spread of
wages paid within each classification to determine any
evidence of discriminatory wage practices.
c.The contractor will periodically review selected personnel
actions in depth to determine whether there is evidence of
discrimination. Where evidence is found, the contractor will
promptly take corrective action. If the review indicates that the
discrimination may extend beyond the actions reviewed, such
corrective action shall include all affected persons.
d.The contractor will promptly investigate all complaints of
alleged discrimination made to the contractor in connection
with its obligations under this contract, will attempt to resolve
such complaints, and will take appropriate corrective action
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within a reasonable time. If the investigation indicates that the
discrimination may affect persons other than the complainant,
such corrective action shall include such other persons. Upon
completion of each investigation, the contractor will inform every
complainant of all of their avenues of appeal.
6.Training and Promotion:
a.The contractor will assist in locating, qualifying, and
increasing the skills of minorities and women who are
applicants for employment or current employees. Such efforts
should be aimed at developing full journey level status
employees in the type of trade or job classification involved.
b.Consistent with the contractor's work force requirements
and as permissible under Federal and State regulations, the
contractor shall make full use of training programs (i.e.,
apprenticeship and on-the-job training programs for the
geographical area of contract performance). In the event a
special provision for training is provided under this contract,
this subparagraph will be superseded as indicated in the
special provision. The contracting agency may reserve
training positions for persons who receive welfare assistance
in accordance with 23 U.S.C. 140(a).
c.The contractor will advise employees and applicants for
employment of available training programs and entrance
requirements for each.
d.The contractor will periodically review the training and
promotion potential of employees who are minorities and
women and will encourage eligible employees to apply for
such training and promotion.
7.Unions: If the contractor relies in whole or in part upon
unions as a source of employees, the contractor will use good
faith efforts to obtain the cooperation of such unions to
increase opportunities for minorities and women. 23 CFR
230.409. Actions by the contractor, either directly or through a
contractor's association acting as agent, will include the
procedures set forth below:
a.The contractor will use good faith efforts to develop, in
cooperation with the unions, joint training programs aimed
toward qualifying more minorities and women for membership
in the unions and increasing the skills of minorities and women
so that they may qualify for higher paying employment.
b.The contractor will use good faith efforts to incorporate an
EEO clause into each union agreement to the end that such
union will be contractually bound to refer applicants without
regard to their race, color, religion, sex, sexual orientation,
gender identity, national origin, age, or disability.
c.The contractor is to obtain information as to the referral
practices and policies of the labor union except that to the
extent such information is within the exclusive possession of
the labor union and such labor union refuses to furnish such
information to the contractor, the contractor shall so certify to
the contracting agency and shall set forth what efforts have
been made to obtain such information.
d.In the event the union is unable to provide the contractor
with a reasonable flow of referrals within the time limit set forth
in the collective bargaining agreement, the contractor will,
through independent recruitment efforts, fill the employment
vacancies without regard to race, color, religion, sex, sexual
orientation, gender identity, national origin, age, or disability;
making full efforts to obtain qualified and/or qualifiable
minorities and women. The failure of a union to provide
sufficient referrals (even though it is obligated to provide exclusive
referrals under the terms of a collective bargaining agreement)
does not relieve the contractor from the requirements of this
paragraph. In the event the union referral practice prevents the
contractor from meeting the obligations pursuant to Executive
Order 11246, as amended, and these special provisions, such
contractor shall immediately notify the contracting agency.
8.Reasonable Accommodation for Applicants /
Employees with Disabilities: The contractor must be familiar
with the requirements for and comply with the Americans with
Disabilities Act and all rules and regulations established
thereunder. Employers must provide reasonable
accommodation in all employment activities unless to do so
would cause an undue hardship.
9.Selection of Subcontractors, Procurement of Materials
and Leasing of Equipment: The contractor shall not
discriminate on the grounds of race, color, religion, sex, sexual
orientation, gender identity, national origin, age, or disability in
the selection and retention of subcontractors, including
procurement of materials and leases of equipment. The
contractor shall take all necessary and reasonable steps to
ensure nondiscrimination in the administration of this contract.
a.The contractor shall notify all potential subcontractors,
suppliers, and lessors of their EEO obligations under this
contract.
b.The contractor will use good faith efforts to ensure
subcontractor compliance with their EEO obligations.
10.Assurances Required:
a.The requirements of 49 CFR Part 26 and the State
DOT’s FHWA-approved Disadvantaged Business Enterprise
(DBE) program are incorporated by reference.
b.The contractor, subrecipient or subcontractor shall not
discriminate on the basis of race, color, national origin, or sex
in the performance of this contract. The contractor shall carry
out applicable requirements of 49 CFR part 26 in the award
and administration of DOT-assisted contracts. Failure by the
contractor to carry out these requirements is a material breach
of this contract, which may result in the termination of this
contract or such other remedy as the recipient deems
appropriate, which may include, but is not limited to:
(1)Withholding monthly progress payments;
(2)Assessing sanctions;
(3)Liquidated damages; and/or
(4)Disqualifying the contractor from future bidding as non-
responsible.
c.The Title VI and nondiscrimination provisions of U.S.
DOT Order 1050.2A at Appendixes A and E are incorporated
by reference. 49 CFR Part 21.
11.Records and Reports: The contractor shall keep such
records as necessary to document compliance with the EEO
requirements. Such records shall be retained for a period of
three years following the date of the final payment to the
contractor for all contract work and shall be available at
reasonable times and places for inspection by authorized
representatives of the contracting agency and the FHWA.
a.The records kept by the contractor shall document the
following:
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(1)The number and work hours of minority and non-
minority group members and women employed in each work
classification on the project;
(2)The progress and efforts being made in cooperation
with unions, when applicable, to increase employment
opportunities for minorities and women; and
(3)The progress and efforts being made in locating, hiring,
training, qualifying, and upgrading minorities and women.
b.The contractors and subcontractors will submit an annual
report to the contracting agency each July for the duration of
the project indicating the number of minority, women, and non-
minority group employees currently engaged in each work
classification required by the contract work. This information is
to be reported on Form FHWA-1391. The staffing data should
represent the project work force on board in all or any part of
the last payroll period preceding the end of July. If on-the-job
training is being required by special provision, the contractor
will be required to collect and report training data. The
employment data should reflect the work force on board during
all or any part of the last payroll period preceding the end of
July.
III.NONSEGREGATED FACILITIES
This provision is applicable to all Federal-aid construction
contracts and to all related construction subcontracts of more
than $10,000. 41 CFR 60-1.5.
As prescribed by 41 CFR 60-1.8, the contractor must ensure
that facilities provided for employees are provided in such a
manner that segregation on the basis of race, color, religion,
sex, sexual orientation, gender identity, or national origin cannot
result. The contractor may neither require such segregated use
by written or oral policies nor tolerate such use by employee
custom. The contractor's obligation extends further to ensure
that its employees are not assigned to perform their services at
any location under the contractor's control where the facilities
are segregated. The term "facilities" includes waiting rooms,
work areas, restaurants and other eating areas, time clocks,
restrooms, washrooms, locker rooms and other storage or
dressing areas, parking lots, drinking fountains, recreation or
entertainment areas, transportation, and housing provided for
employees. The contractor shall provide separate or single-user
restrooms and necessary dressing or sleeping areas to assure
privacy between sexes.
IV.DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal-aid construction
projects exceeding $2,000 and to all related subcontracts and
lower-tier subcontracts (regardless of subcontract size), in
accordance with 29 CFR 5.5. The requirements apply to all
projects located within the right-of-way of a roadway that is
functionally classified as Federal-aid highway. 23 U.S.C. 113.
This excludes roadways functionally classified as local roads or
rural minor collectors, which are exempt. 23 U.S.C. 101.
Where applicable law requires that projects be treated as a
project on a Federal-aid highway, the provisions of this subpart
will apply regardless of the location of the project. Examples
include: Surface Transportation Block Grant Program projects
funded under 23 U.S.C. 133 [excluding recreational trails
projects], the Nationally Significant Freight and Highway
Projects funded under 23 U.S.C. 117, and National Highway
Freight Program projects funded under 23 U.S.C. 167.
The following provisions are from the U.S. Department of Labor
regulations in 29 CFR 5.5 “Contract provisions and related
matters” with minor revisions to conform to the FHWA- 1273
format and FHWA program requirements.
1.Minimum wages (29 CFR 5.5)
a.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 1.d. 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 29 CFR 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 1.b. 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.
b. (1) The contracting officer shall require that any class of
laborers or mechanics, including helpers, which is not listed in the
wage determination and which is to be employed under the
contract shall be classified in conformance with the wage
determination. The contracting officer shall approve an additional
classification and wage rate and fringe benefits therefore only
when the following criteria have been met:
(i)The work to be performed by the classification
requested is not performed by a classification in the wage
determination; and
(ii)The classification is utilized in the area by the
construction industry; and
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(iii)The proposed wage rate, including any bona fide
fringe benefits, bears a reasonable relationship to the
wage rates contained in the wage determination.
(2)If the contractor and the laborers and mechanics to be
employed in the classification (if known), or their
representatives, and the contracting officer agree on the
classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of
the action taken shall be sent by the contracting officer to the
Administrator of the Wage and Hour Division, U.S.
Department of Labor, Washington, DC 20210. The
Administrator, or an authorized representative, will approve,
modify, or disapprove every additional classification action
within 30 days of receipt and so advise the contracting
officer or will notify the contracting officer within the 30-day
period that additional time is necessary.
(3)In the event the contractor, the laborers or mechanics
to be employed in the classification or their representatives,
and the contracting officer do not agree on the proposed
classification and wage rate (including the amount
designated for fringe benefits, where appropriate), the
contracting officer shall refer the questions, including the
views of all interested parties and the recommendation of the
contracting officer, to the Administrator for determination.
The Administrator, or an authorized representative, will issue
a determination within 30 days of receipt and so advise the
contracting officer or will notify the contracting officer within
the 30-day period that additional time is necessary.
(4)The wage rate (including fringe benefits where
appropriate) determined pursuant to paragraphs 1.b.(2) or
1.b.(3) 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.
c. 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.
d. 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 (29 CFR 5.5)
The contracting agency shall upon its own action or upon written
request of an authorized representative of the Department of
Labor, withhold or cause to be withheld from the contractor
under this contract, or any other Federal contract with the same
prime contractor, or any other federally- assisted contract
subject to Davis-Bacon prevailing wage requirements, which is
held by the same prime contractor, so much of the accrued
payments or advances as may be considered necessary to pay
laborers and mechanics,
including apprentices, trainees, and helpers, employed by the
contractor or any subcontractor the full amount of wages
required by the contract. In the event of failure to pay any
laborer or mechanic, including any apprentice, trainee, or
helper, employed or working on the site of the work, all or part of
the wages required by the contract, the contracting agency may,
after written notice to the contractor, 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 (29 CFR 5.5)
a.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.
b. (1) The contractor shall submit weekly for each week in which
any contract work is performed a copy of all payrolls to the
contracting agency. The payrolls submitted 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
weekly transmittals. 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. 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 contracting agency
for transmission to the State DOT, the FHWA 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 contracting agency.
(2)Each payroll submitted shall be accompanied by a
“Statement of Compliance,” signed by the contractor or
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subcontractor or his or her agent who pays or supervises the
payment of the persons employed under the contract and shall
certify the following:
(i)That the payroll for the payroll period contains the
information required to be provided under 29 CFR
5.5(a)(3)(ii), the appropriate information is being
maintained under 29 CFR 5.5(a)(3)(i), and that such
information is correct and complete;
(ii)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 29 CFR part 3;
(iii)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.
(3)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 3.b.(2) of
this section.
(4)The falsification of any of the above certifications may
subject the contractor or subcontractor to civil or criminal
prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231.
c. The contractor or subcontractor shall make the records
required under paragraph 3.a. of this section available for
inspection, copying, or transcription by authorized
representatives of the contracting agency, the State DOT, the
FHWA, 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 FHWA may,
after written notice to the contractor, the contracting agency or
the State DOT, 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 (29 CFR 5.5)
a.Apprentices (programs of the USDOL).
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,
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.
b.Trainees (programs of the USDOL).
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
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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.
c.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.
d.Apprentices and Trainees (programs of the U.S. DOT).
Apprentices and trainees working under apprenticeship and skill
training programs which have been certified by the Secretary of
Transportation as promoting EEO in connection with Federal-
aid highway construction programs are not subject to the
requirements of paragraph 4 of this Section IV. 23 CFR
230.111(e)(2). The straight time hourly wage rates for
apprentices and trainees under such programs will be
established by the particular programs. The ratio of apprentices
and trainees to journeymen shall not be greater than permitted
by the terms of the particular program.
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 as
provided in 29 CFR 5.5.
6.Subcontracts. The contractor or subcontractor shall insert
Form FHWA-1273 in any subcontracts and also require the
subcontractors to include Form FHWA-1273 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 as
provided in 29 CFR 5.5.
9.Disputes concerning labor standards. As provided in 29
CFR 5.5, disputes arising out of the labor standards provisions
of this contract shall not be subject to the general disputes
clause of this contract. Such disputes shall be resolved in
accordance with the procedures of the Department of Labor
set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning
of this clause include disputes between the contractor (or any of
its subcontractors) and the contracting agency, the
U.S. Department of Labor, or the employees or their
representatives.
10.Certification of eligibility (29 CFR 5.5)
a.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).
b.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).
c.The penalty for making false statements is prescribed in the
U.S. Criminal Code, 18 U.S.C. 1001.
V.CONTRACT WORK HOURS AND SAFETY STANDARDS
ACT
Pursuant to 29 CFR 5.5(b), the following clauses apply to any
Federal-aid construction 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 29 CFR 5.5(a) 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. 29 CFR
5.5.
2.Violation; liability for unpaid wages; liquidated
damages. In the event of any violation of the clause set forth
in paragraph 1 of this section, the contractor and any
subcontractor responsible therefor shall be liable for the
unpaid wages. In addition, such contractor and subcontractor
shall be liable to the United States (in the case of work done
under contract for the District of Columbia or a territory, to such
District or to such territory), for liquidated damages. Such
liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and guards,
employed in violation of the clause set forth in paragraph 1 of
this section, in the sum currently provided in 29 CFR 5.5(b)(2)*
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 1 of this section. 29 CFR 5.5.
* $27 as of January 23, 2019 (See 84 FR 213-01, 218) as may be
adjusted annually by the Department of Labor; pursuant to the
Federal Civil Penalties Inflation Adjustment Act of 1990).
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3.Withholding for unpaid wages and liquidated damages.
The FHWA or the contacting agency shall upon its own action
or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from
any moneys payable on account of work performed by the
contractor or subcontractor under any such contract or any
other Federal contract with the same prime contractor, or any
other federally-assisted contract subject to the Contract Work
Hours and Safety Standards Act, which is held by the same
prime contractor, such sums as may be determined to be
necessary to satisfy any liabilities of such contractor or
subcontractor for unpaid wages and liquidated damages as
provided in the clause set forth in paragraph 2 of this section.
29 CFR 5.5.
4.Subcontracts. The contractor or subcontractor shall insert
in any subcontracts the clauses set forth in paragraphs 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 1 through 4 of this
section. 29 CFR 5.5.
VI.SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal-aid construction
contracts on the National Highway System pursuant to 23 CFR
635.116.
1.The contractor shall perform with its own organization
contract work amounting to not less than 30 percent (or a
greater percentage if specified elsewhere in the contract) of
the total original contract price, excluding any specialty items
designated by the contracting agency. Specialty items may be
performed by subcontract and the amount of any such
specialty items performed may be deducted from the total
original contract price before computing the amount of work
required to be performed by the contractor's own organization
(23 CFR 635.116).
a.The term “perform work with its own organization” in
paragraph 1 of Section VI refers to workers employed or
leased by the prime contractor, and equipment owned or
rented by the prime contractor, with or without operators.
Such term does not include employees or equipment of a
subcontractor or lower tier subcontractor, agents of the prime
contractor, or any other assignees. The term may include
payments for the costs of hiring leased employees from an
employee leasing firm meeting all relevant Federal and State
regulatory requirements. Leased employees may only be
included in this term if the prime contractor meets all of the
following conditions: (based on longstanding interpretation)
(1)the prime contractor maintains control over the
supervision of the day-to-day activities of the leased
employees;
(2)the prime contractor remains responsible for the quality
of the work of the leased employees;
(3)the prime contractor retains all power to accept or
exclude individual employees from work on the project; and
(4)the prime contractor remains ultimately responsible for
the payment of predetermined minimum wages, the
submission of payrolls, statements of compliance and all
other Federal regulatory requirements.
b."Specialty Items" shall be construed to be limited to work
that requires highly specialized knowledge, abilities, or
equipment not ordinarily available in the type of contracting
organizations qualified and expected to bid or propose on the
contract as a whole and in general are to be limited to minor
components of the overall contract. 23 CFR 635.102.
2.Pursuant to 23 CFR 635.116(a), the contract amount upon
which the requirements set forth in paragraph (1) of Section VI
is computed includes the cost of material and manufactured
products which are to be purchased or produced by the
contractor under the contract provisions.
3.Pursuant to 23 CFR 635.116(c), the contractor shall furnish
(a) a competent superintendent or supervisor who is employed
by the firm, has full authority to direct performance of the work
in accordance with the contract requirements, and is in charge
of all construction operations (regardless of who performs the
work) and (b) such other of its own organizational resources
(supervision, management, and engineering services) as the
contracting officer determines is necessary to assure the
performance of the contract.
4.No portion of the contract shall be sublet, assigned or
otherwise disposed of except with the written consent of the
contracting officer, or authorized representative, and such
consent when given shall not be construed to relieve the
contractor of any responsibility for the fulfillment of the
contract. Written consent will be given only after the
contracting agency has assured that each subcontract is
evidenced in writing and that it contains all pertinent provisions
and requirements of the prime contract. (based on long-
standing interpretation of 23 CFR 635.116).
5.The 30-percent self-performance requirement of paragraph
(1) is not applicable to design-build contracts; however,
contracting agencies may establish their own self-performance
requirements. 23 CFR 635.116(d).
VII.SAFETY: ACCIDENT PREVENTION
This provision is applicable to all Federal-aid construction
contracts and to all related subcontracts.
1.In the performance of this contract the contractor shall
comply with all applicable Federal, State, and local laws
governing safety, health, and sanitation (23 CFR Part 635).
The contractor shall provide all safeguards, safety devices and
protective equipment and take any other needed actions as it
determines, or as the contracting officer may determine, to be
reasonably necessary to protect the life and health of
employees on the job and the safety of the public and to
protect property in connection with the performance of the
work covered by the contract. 23 CFR 635.108.
2.It is a condition of this contract, and shall be made a
condition of each subcontract, which the contractor enters into
pursuant to this contract, that the contractor and any
subcontractor shall not permit any employee, in performance
of the contract, to work in surroundings or under conditions
which are unsanitary, hazardous or dangerous to his/her
health or safety, as determined under construction safety and
health standards (29 CFR Part 1926) promulgated by the
Secretary of Labor, in accordance with Section 107 of the
Contract Work Hours and Safety Standards Act (40 U.S.C.
3704). 29 CFR 1926.10.
3.Pursuant to 29 CFR 1926.3, it is a condition of this contract
that the Secretary of Labor or authorized representative
thereof, shall have right of entry to any site of contract
performance to inspect or investigate the matter of compliance
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with the construction safety and health standards and to carry
out the duties of the Secretary under Section 107 of the
Contract Work Hours and Safety Standards Act (40 U.S.C.
3704).
VIII.FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
This provision is applicable to all Federal-aid construction
contracts and to all related subcontracts.
In order to assure high quality and durable construction in
conformity with approved plans and specifications and a high
degree of reliability on statements and representations made by
engineers, contractors, suppliers, and workers on Federal- aid
highway projects, it is essential that all persons concerned with
the project perform their functions as carefully, thoroughly, and
honestly as possible. Willful falsification, distortion, or
misrepresentation with respect to any facts related to the project
is a violation of Federal law. To prevent any misunderstanding
regarding the seriousness of these and similar acts, Form
FHWA-1022 shall be posted on each Federal-aid highway
project (23 CFR Part 635) in one or more places where it is
readily available to all persons concerned with the project:
18 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent, or employee of the United
States, or of any State or Territory, or whoever, whether a
person, association, firm, or corporation, knowingly makes any
false statement, false representation, or false report as to the
character, quality, quantity, or cost of the material used or to be
used, or the quantity or quality of the work performed or to be
performed, or the cost thereof in connection with the submission
of plans, maps, specifications, contracts, or costs of
construction on any highway or related project submitted for
approval to the Secretary of Transportation; or
Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the
character, quality, quantity, or cost of any work performed or to
be performed, or materials furnished or to be furnished, in
connection with the construction of any highway or related
project approved by the Secretary of Transportation; or
Whoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate, or
report submitted pursuant to provisions of the Federal-aid
Roads Act approved July 11, 1916, (39 Stat. 355), as amended
and supplemented;
Shall be fined under this title or imprisoned not more than 5
years or both."
IX.IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2
CFR 200.88; EO 11738)
This provision is applicable to all Federal-aid construction
contracts in excess of $150,000 and to all related subcontracts.
48 CFR 2.101; 2 CFR 200.326.
By submission of this bid/proposal or the execution of this
contract or subcontract, as appropriate, the bidder, proposer,
Federal-aid construction contractor, subcontractor, supplier, or
vendor agrees to comply with all applicable standards, orders
or regulations issued pursuant to the Clean Air Act (42 U.S.C.
7401-7671q) and the Federal Water Pollution Control Act, as
amended (33 U.S.C. 1251-1387). Violations must be reported to
the Federal Highway Administration and the Regional Office of
the Environmental Protection Agency. 2 CFR Part 200,
Appendix II.
The contractor agrees to include or cause to be included the
requirements of this Section in every subcontract, and further
agrees to take such action as the contracting agency may direct
as a means of enforcing such requirements. 2 CFR 200.326.
X.CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
This provision is applicable to all Federal-aid construction
contracts, design-build contracts, subcontracts, lower-tier
subcontracts, purchase orders, lease agreements, consultant
contracts or any other covered transaction requiring FHWA
approval or that is estimated to cost $25,000 or more – as
defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and
1200.220.
1.Instructions for Certification – First Tier Participants:
a.By signing and submitting this proposal, the prospective
first tier participant is providing the certification set out below.
b.The inability of a person to provide the certification set out
below will not necessarily result in denial of participation in this
covered transaction. The prospective first tier participant shall
submit an explanation of why it cannot provide the certification
set out below. The certification or explanation will be
considered in connection with the department or agency's
determination whether to enter into this transaction. However,
failure of the prospective first tier participant to furnish a
certification or an explanation shall disqualify such a person
from participation in this transaction. 2 CFR 180.320.
c.The certification in this clause is a material representation
of fact upon which reliance was placed when the contracting
agency determined to enter into this transaction. If it is later
determined that the prospective participant knowingly rendered
an erroneous certification, in addition to other remedies
available to the Federal Government, the contracting agency
may terminate this transaction for cause of default. 2 CFR
180.325.
d.The prospective first tier participant shall provide
immediate written notice to the contracting agency to whom
this proposal is submitted if any time the prospective first tier
participant learns that its certification was erroneous when
submitted or has become erroneous by reason of changed
circumstances. 2 CFR 180.345 and 180.350.
e.The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal,"
and "voluntarily excluded," as used in this clause, are defined
in 2 CFR Parts 180, Subpart I, 180.900-180.1020, and 1200.
“First Tier Covered Transactions” refers to any covered
transaction between a recipient or subrecipient of Federal
funds and a participant (such as the prime or general contract).
“Lower Tier Covered Transactions” refers to any covered
transaction under a First Tier Covered Transaction (such as
subcontracts). “First Tier Participant” refers to the participant
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who has entered into a covered transaction with a recipient or
subrecipient of Federal funds (such as the prime or general
contractor). “Lower Tier Participant” refers any participant who
has entered into a covered transaction with a First Tier
Participant or other Lower Tier Participants (such as
subcontractors and suppliers).
f.The prospective first tier participant agrees by submitting
this proposal that, should the proposed covered transaction be
entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred,
suspended, declared ineligible, or voluntarily excluded from
participation in this covered transaction, unless authorized by
the department or agency entering into this transaction. 2
CFR 180.330.
g.The prospective first tier participant further agrees by
submitting this proposal that it will include the clause titled
"Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion-Lower Tier Covered Transactions,"
provided by the department or contracting agency, entering
into this covered transaction, without modification, in all lower
tier covered transactions and in all solicitations for lower tier
covered transactions exceeding the $25,000 threshold. 2 CFR
180.220 and 180.300.
h.A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous. 2 CFR 180.300;
180.320, and 180.325. A participant is responsible for
ensuring that its principals are not suspended, debarred, or
otherwise ineligible to participate in covered transactions. 2
CFR 180.335. To verify the eligibility of its principals, as well
as the eligibility of any lower tier prospective participants, each
participant may, but is not required to, check the System for
Award Management website (https://www.sam.gov/). 2 CFR
180.300, 180.320, and 180.325.
i.Nothing contained in the foregoing shall be construed to
require the establishment of a system of records in order to
render in good faith the certification required by this clause.
The knowledge and information of the prospective participant
is not required to exceed that which is normally possessed by
a prudent person in the ordinary course of business dealings.
j.Except for transactions authorized under paragraph (f) of
these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a
person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to
other remedies available to the Federal Government, the
department or agency may terminate this transaction for cause
or default. 2 CFR 180.325.
* * * * *
2.Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion – First Tier
Participants:
a.The prospective first tier participant certifies to the best of
its knowledge and belief, that it and its principals:
(1)Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from
participating in covered transactions by any Federal
department or agency, 2 CFR 180.335;.
(2)Have not within a three-year period preceding this
proposal 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, 2 CFR 180.800;
(3)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 (a)(2) of this certification, 2 CFR 180.700 and
180.800; and
(4)Have not within a three-year period preceding this
application/proposal had one or more public transactions
(Federal, State or local) terminated for cause or default. 2
CFR 180.335(d).
(5)Are not a corporation that has been convicted of a felony
violation under any Federal law within the two-year period
preceding this proposal (USDOT Order 4200.6 implementing
appropriations act requirements); and
(6)Are not a corporation with any unpaid Federal tax liability
that has been assessed, for which all judicial and
administrative remedies have been exhausted, or have lapsed,
and that is not being paid in a timely manner pursuant to an
agreement with the authority responsible for collecting the tax
liability (USDOT Order 4200.6 implementing appropriations act
requirements).
b.Where the prospective participant is unable to certify to
any of the statements in this certification, such prospective
participant should attach an explanation to this proposal. 2
CFR 180.335 and 180.340.
3.Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders, and other lower
tier transactions requiring prior FHWA approval or estimated to
cost $25,000 or more - 2 CFR Parts 180 and 1200). 2 CFR
180.220 and 1200.220.
a.By signing and submitting this proposal, the prospective
lower tier participant is providing the certification set out below.
b.The certification in this clause is a material representation
of fact upon which reliance was placed when this transaction
was entered into. If it is later determined that the prospective
lower tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the
Federal Government, the department, or agency with which
this transaction originated may pursue available remedies,
including suspension and/or debarment.
c.The prospective lower tier participant shall provide
immediate written notice to the person to which this proposal is
submitted if at any time the prospective lower tier participant
learns that its certification was erroneous by reason of
changed circumstances. 2 CFR 180.365.
d.The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal,"
and "voluntarily excluded," as used in this clause, are defined
in 2 CFR Parts 180, Subpart I, 180.900 – 180.1020, and 1200.
You may contact the person to which this proposal is
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submitted for assistance in obtaining a copy of those regulations.
“First Tier Covered Transactions” refers to any covered
transaction between a recipient or subrecipient of Federal funds
and a participant (such as the prime or general contract). “Lower
Tier Covered Transactions” refers to any covered transaction
under a First Tier Covered Transaction (such as subcontracts).
“First Tier Participant” refers to the participant who has entered
into a covered transaction with a recipient or subrecipient of
Federal funds (such as the prime or general contractor). “Lower
Tier Participant” refers any participant who has entered into a
covered transaction with a First Tier Participant or other Lower
Tier Participants (such as subcontractors and suppliers).
e.The prospective lower tier participant agrees by
submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into
any lower tier covered transaction with a person who is
debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless
authorized by the department or agency with which this
transaction originated. 2 CFR 1200.220 and 1200.332.
f.The prospective lower tier participant further agrees by
submitting this proposal that it will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion-Lower Tier Covered Transaction,"
without modification, in all lower tier covered transactions and
in all solicitations for lower tier covered transactions exceeding
the $25,000 threshold. 2 CFR 180.220 and 1200.220.
g.A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous. A participant is
responsible for ensuring that its principals are not suspended,
debarred, or otherwise ineligible to participate in covered
transactions. To verify the eligibility of its principals, as well as
the eligibility of any lower tier prospective participants, each
participant may, but is not required to, check the System for
Award Management website (https://www.sam.gov/), which is
compiled by the General Services Administration. 2 CFR
180.300, 180.320, 180.330, and 180.335.
h.Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order to render
in good faith the certification required by this clause. The
knowledge and information of participant is not required to
exceed that which is normally possessed by a prudent person
in the ordinary course of business dealings.
i.Except for transactions authorized under paragraph e of
these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a
person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to
other remedies available to the Federal Government, the
department or agency with which this transaction originated
may pursue available remedies, including suspension and/or
debarment. 2 CFR 180.325.
* * * * *
Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion--Lower Tier
Participants:
1.The prospective lower tier participant certifies, by
submission of this proposal, that neither it nor its principals:
(a)is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participating in
covered transactions by any Federal department or agency, 2
CFR 180.355;
(b)is a corporation that has been convicted of a felony
violation under any Federal law within the two-year period
preceding this proposal (USDOT Order 4200.6 implementing
appropriations act requirements); and
(c)is a corporation with any unpaid Federal tax liability that
has been assessed, for which all judicial and administrative
remedies have been exhausted, or have lapsed, and that is
not being paid in a timely manner pursuant to an agreement
with the authority responsible for collecting the tax liability.
(USDOT Order 4200.6 implementing appropriations act
requirements)
2.Where the prospective lower tier participant is unable to
certify to any of the statements in this certification, such
prospective participant should attach an explanation to this
proposal.
* * * * *
XI.CERTIFICATION REGARDING USE OF CONTRACT
FUNDS FOR LOBBYING
This provision is applicable to all Federal-aid construction
contracts and to all related subcontracts which exceed
$100,000. 49 CFR Part 20, App. A.
1.The prospective participant certifies, by signing and
submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
a.No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of
any Federal agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any
Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or
cooperative agreement.
b.If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and
submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
2.This certification is a material representation of fact upon
which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by 31
U.S.C. 1352. Any person who fails to file the required certification
shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
3.The prospective participant also agrees by submitting its
bid or proposal that the participant shall require that the
language of this certification be included in all lower tier
196
13
subcontracts, which exceed $100,000 and that all such recipients shall
certify and disclose accordingly.
XII.USE OF UNITED STATES-FLAG VESSELS:
This provision is applicable to all Federal-aid construction contracts,
design-build contracts, subcontracts, lower-tier subcontracts, purchase
orders, lease agreements, or any other covered transaction. 46 CFR
Part 381.
This requirement applies to material or equipment that is acquired for a
specific Federal-aid highway project. 46 CFR
381.7. It is not applicable to goods or materials that come into
inventories independent of an FHWA funded-contract.
When oceanic shipments (or shipments across the Great Lakes) are
necessary for materials or equipment acquired for a specific Federal-aid
construction project, the bidder, proposer, contractor, subcontractor, or
vendor agrees:
1.To utilize privately owned United States-flag commercial vessels
to ship at least 50 percent of the gross tonnage (computed
separately for dry bulk carriers, dry cargo liners, and tankers)
involved, whenever shipping any equipment, material, or
commodities pursuant to this contract, to the extent such vessels
are available at fair and reasonable rates for United States-flag
commercial vessels. 46 CFR 381.7.
2.To furnish within 20 days following the date of loading for
shipments originating within the United States or within 30 working
days following the date of loading for shipments originating outside
the United States, a legible copy of a rated, ‘on-board’ commercial
ocean bill-of-lading in English for each shipment of cargo described in
paragraph (b)(1) of this section to both the Contracting Officer
(through the prime contractor in the case of subcontractor bills-of-
lading) and to the Office of Cargo and Commercial Sealift (MAR-
620), Maritime Administration, Washington, DC 20590. (MARAD
requires copies of the ocean carrier's (master) bills of lading, certified
onboard, dated, with rates and charges. These bills of lading may
contain business sensitive information and therefore may be
submitted directly to MARAD by the Ocean Transportation
Intermediary on behalf of the contractor). 46 CFR 381.7.
197
1
ATTACHMENT C
FEDERAL MINIMUM WAGE RATES
198
"General Decision Number: CA20230018 01/13/2023
Superseded General Decision Number: CA20220018
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: Contracts subject to the Davis-Bacon Act are generally
required to pay at least the applicable minimum wage rate
required under Executive Order 14026 or Executive Order 13658.
Please note that these Executive Orders apply to covered
contracts entered into by the federal government that are
subject to the Davis-Bacon Act itself, but do not apply to
contracts subject only to the Davis-Bacon Related Acts,
including those set forth at 29 CFR 5.1(a)(2)-(60).
______________________________________________________________
|If the contract is entered |. Executive Order 14026 |
|into on or after January 30, | generally applies to the |
|2022, or the contract is | contract. |
|renewed or extended (e.g., an |. The contractor must pay |
|option is exercised) on or | all covered workers at |
|after January 30, 2022: | least $16.20 per hour (or |
| | the applicable wage rate |
| | listed on this wage |
| | determination, if it is |
| | higher) for all hours |
| | spent performing on the |
| | contract in 2023. |
|______________________________|_____________________________|
|If the contract was awarded on|. Executive Order 13658 |
|or between January 1, 2015 and| generally applies to the |
|January 29, 2022, and the | contract. |
|contract is not renewed or |. The contractor must pay all|
|extended on or after January | covered workers at least |
|30, 2022: | $12.15 per hour (or the |
| | applicable wage rate listed|
| | on this wage determination,|
| | if it is higher) for all |
| | hours spent performing on |
| | that contract in 2023. |
|______________________________|_____________________________|
The applicable Executive Order minimum wage rate will be
adjusted annually. If this contract is covered by one of the
Executive Orders and a classification considered necessary for
performance of work on the contract does not appear on this
wage determination, the contractor must still submit a
conformance request.
Additional information on contractor requirements and worker
199
protections under the Executive Orders is available at
http://www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/06/2023
1 01/13/2023
ASBE0016-004 01/01/2021
AREA 1: CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED,
MONTEREY, SAN BENITO, SAN JOAQUIN, SANTA CRUZ, STANISLAUS &
TOULMNE COUNTIES
AREA 2: ALAMEDA, CONTRA COSTA, SAN FRANSICO, SAN MATEO & SANTA
CLARA COUNTIES
Rates Fringes
Asbestos Removal
worker/hazardous material
handler (Includes
preparation, wetting,
stripping, removal,
scrapping, vacuuming, bagging
and disposing of all
insulation materials from
mechanical systems, whether
they contain asbestos or not)
Area 1......................$ 30.45 10.60
Area 2......................$ 36.53 9.27
----------------------------------------------------------------
ASBE0016-008 08/01/2022
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......................$ 81.16 23.57
Area 2......................$ 62.51 23.57
----------------------------------------------------------------
BOIL0549-001 01/01/2021
AREA 1: ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO & SANTA
CLARA COUNTIES
AREA 2: REMAINING COUNTIES
Rates Fringes
BOILERMAKER
Area 1......................$ 49.62 41.27
200
Area 2......................$ 45.60 38.99
----------------------------------------------------------------
BRCA0003-001 08/01/2022
Rates Fringes
MARBLE FINISHER..................$ 39.20 18.31
----------------------------------------------------------------
BRCA0003-003 08/01/2022
Rates Fringes
MARBLE MASON.....................$ 56.98 28.54
----------------------------------------------------------------
BRCA0003-005 05/01/2022
Rates Fringes
BRICKLAYER
( 1) Fresno, Kings,
Madera, Mariposa, Merced....$ 47.88 23.29
( 7) San Francisco, San
Mateo.......................$ 53.69 26.03
( 8) Alameda, Contra
Costa, San Benito, Santa
Clara.......................$ 53.61 23.81
( 9) Calaveras, San
Joaquin, Stanislaus,
Toulumne....................$ 45.12 21.55
(16) Monterey, Santa Cruz...$ 50.78 25.42
----------------------------------------------------------------
BRCA0003-008 07/01/2022
Rates Fringes
TERRAZZO FINISHER................$ 41.93 18.98
TERRAZZO WORKER/SETTER...........$ 56.84 27.53
----------------------------------------------------------------
BRCA0003-011 04/01/2019
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......................$ 29.94 16.38
Area 2......................$ 25.60 14.30
Area 3......................$ 26.58 15.65
Tile Layer
Area 1......................$ 49.90 19.16
Area 2......................$ 42.67 16.81
Area 3......................$ 40.27 18.58
----------------------------------------------------------------
CARP0022-001 07/01/2021
San Francisco County
Rates Fringes
201
Carpenters
Bridge Builder/Highway
Carpenter...................$ 54.85 31.49
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 55.00 31.49
Journeyman Carpenter........$ 54.85 31.49
Millwright..................$ 54.95 33.08
----------------------------------------------------------------
CARP0034-001 07/01/2021
Rates Fringes
Diver
Assistant Tender, ROV
Tender/Technician...........$ 54.10 34.69
Diver standby...............$ 60.51 34.69
Diver Tender................$ 59.51 34.69
Diver wet...................$ 103.62 34.69
Manifold Operator (mixed
gas)........................$ 64.51 34.69
Manifold Operator (Standby).$ 59.51 34.69
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
221 ft.-deeper $5.00 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
$1.00 per foot.
WORK IN COMBINATION OF CLASSIFICATIONS:
Employees working in any combination of classifications
within the diving crew (except dive supervisor) in a shift
are paid in the classification with the highest rate for
that shift.
----------------------------------------------------------------
CARP0034-003 07/01/2021
Rates Fringes
Piledriver.......................$ 54.10 34.69
----------------------------------------------------------------
CARP0035-007 07/01/2020
AREA 1: Alameda, Contra Costa, San Francisco, San Mateo, Santa
Clara counties
202
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..................$ 28.76 22.53
Lead Installer.............$ 32.21 23.03
Master Installer...........$ 36.43 23.03
Area 2
Installer..................$ 26.11 22.53
Lead Installer.............$ 29.08 23.03
Master Installer...........$ 32.71 23.03
Area 3
Installer..................$ 25.16 22.53
Lead Installer.............$ 27.96 23.03
Master Installer...........$ 31.38 23.03
----------------------------------------------------------------
CARP0035-008 08/01/2020
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......................$ 52.65 31.26
Area 2......................$ 46.77 31.26
Area 3......................$ 47.27 31.26
Area 4......................$ 45.92 31.26
Drywall Stocker/Scrapper
Area 1......................$ 26.33 18.22
Area 2......................$ 23.39 18.22
Area 3......................$ 23.64 18.22
Area 4......................$ 22.97 18.22
----------------------------------------------------------------
CARP0152-001 07/01/2020
Contra Costa County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 52.65 30.82
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 52.80 30.82
Journeyman Carpenter........$ 52.65 30.82
Millwright..................$ 52.75 32.41
----------------------------------------------------------------
203
CARP0152-002 07/01/2020
San Joaquin County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 52.65 30.82
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 46.92 30.82
Journeyman Carpenter........$ 46.77 30.82
Millwright..................$ 49.27 32.41
----------------------------------------------------------------
CARP0152-004 07/01/2020
Calaveras, Mariposa, Merced, Stanislaus and Tuolumne Counties
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 52.65 30.82
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 45.57 30.82
Journeyman Carpenter........$ 45.42 30.82
Millwright..................$ 47.92 32.41
----------------------------------------------------------------
CARP0217-001 07/01/2021
San Mateo County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 54.85 31.49
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 55.00 31.49
Journeyman Carpenter........$ 54.85 31.49
Millwright..................$ 54.95 33.08
----------------------------------------------------------------
CARP0405-001 07/01/2021
Santa Clara County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 54.85 31.49
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 55.00 31.49
204
Journeyman Carpenter........$ 54.85 31.49
Millwright..................$ 54.95 33.08
----------------------------------------------------------------
CARP0405-002 07/01/2021
San Benito County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 54.85 31.49
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 49.12 31.49
Journeyman Carpenter........$ 48.97 31.49
Millwright..................$ 51.47 33.08
----------------------------------------------------------------
CARP0505-001 07/01/2021
Santa Cruz County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 54.85 31.49
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 49.12 31.49
Journeyman Carpenter........$ 48.97 31.49
Millwright..................$ 51.47 33.08
----------------------------------------------------------------
CARP0605-001 07/01/2021
Monterey County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 54.85 31.49
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 49.12 31.49
Journeyman Carpenter........$ 48.97 31.49
Millwright..................$ 51.47 33.08
----------------------------------------------------------------
CARP0701-001 07/01/2021
Fresno and Madera Counties
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 54.85 31.49
Hardwood Floorlayer,
Shingler, Power Saw
205
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 47.77 31.49
Journeyman Carpenter........$ 47.62 31.49
Millwright..................$ 50.12 33.08
----------------------------------------------------------------
CARP0713-001 07/01/2021
Alameda County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 54.85 31.49
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 55.00 31.49
Journeyman Carpenter........$ 54.85 31.49
Millwright..................$ 54.95 33.08
----------------------------------------------------------------
CARP1109-001 07/01/2021
Kings County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 54.85 31.49
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 47.77 31.49
Journeyman Carpenter........$ 47.62 31.49
Millwright..................$ 50.12 33.08
----------------------------------------------------------------
ELEC0006-004 12/01/2021
SAN FRANCISCO COUNTY
Rates Fringes
Sound & Communications
Installer...................$ 48.43 3%+23.15
Technician..................$ 55.69 3%+23.15
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.
206
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 06/01/2022
SAN FRANCISCO COUNTY
Rates Fringes
ELECTRICIAN......................$ 83.25 3%+40.065
----------------------------------------------------------------
ELEC0100-002 09/01/2022
FRESNO, KINGS, AND MADERA COUNTIES
Rates Fringes
ELECTRICIAN......................$ 43.00 26.84
----------------------------------------------------------------
ELEC0100-005 12/01/2022
FRESNO, KINGS, MADERA
Rates Fringes
Communications System
Installer...................$ 38.24 23.80
Technician..................$ 47.80 24.08
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
207
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 12/26/2022
MONTEREY, SAN BENITO AND SANTA CRUZ COUNTIES
Rates Fringes
ELECTRICIAN
Zone A......................$ 60.91 29.43
Zone B......................$ 67.00 29.61
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 12/01/2021
MONTEREY, SAN BENITO, AND SANTA CRUZ COUNTIES
Rates Fringes
Sound & Communications
Installer...................$ 47.93 24.09
Technician..................$ 55.12 24.30
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'
208
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 03/01/2021
CONTRA COSTA COUNTY
Rates Fringes
CABLE SPLICER....................$ 63.86 29.17
ELECTRICIAN......................$ 56.76 28.95
----------------------------------------------------------------
ELEC0302-003 12/01/2021
CONTRA COSTA COUNTY
Rates Fringes
Sound & Communications
Installer...................$ 43.71 23.96
Technician..................$ 50.27 24.16
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 06/01/2022
SANTA CLARA COUNTY
Rates Fringes
CABLE SPLICER....................$ 92.20 42.316
ELECTRICIAN......................$ 80.17 41.955
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
209
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 12/01/2022
SANTA CLARA COUNTY
Rates Fringes
Sound & Communications
Installer...................$ 51.18 25.435
Technician..................$ 58.86 25.666
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 06/01/2021
ALAMEDA COUNTY
Rates Fringes
CABLE SPLICER....................$ 72.80 3%+39.94
ELECTRICIAN......................$ 63.30 3%+39.94
----------------------------------------------------------------
ELEC0595-002 06/01/2021
CALAVERAS AND SAN JOAQUIN COUNTIES
Rates Fringes
CABLE SPLICER....................$ 50.70 7.75%+25.58
ELECTRICIAN
(1) Tunnel work.............$ 44.25 7.75%+25.58
(2) All other work.........$ 42.25 7.75%+25.58
----------------------------------------------------------------
ELEC0595-006 12/01/2021
ALAMEDA COUNTY
Rates Fringes
210
Sound & Communications
Installer...................$ 47.93 3%+22.65
Technician..................$ 55.12 3%+22.65
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 12/01/2021
CALAVERAS AND SAN JOAQUIN COUNTIES
Rates Fringes
Communications System
Installer...................$ 38.24 3%+22.65
Technician..................$ 43.98 3%+22.65
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 06/01/2022
SAN MATEO COUNTY
211
Rates Fringes
ELECTRICIAN......................$ 74.00 43.76
----------------------------------------------------------------
ELEC0617-003 12/01/2022
SAN MATEO COUNTY
Rates Fringes
Sound & Communications
Installer...................$ 51.18 25.44
Technician..................$ 58.86 25.67
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 06/01/2022
MARIPOSA, MERCED, STANISLAUS AND TUOLUMNE COUNTIES
Rates Fringes
ELECTRICIAN......................$ 44.25 3%+26.63
CABLE SPLICER = 110% of Journeyman Electrician
----------------------------------------------------------------
ELEC0684-004 12/01/2021
MARIPOSA, MERCED, STANISLAUS AND TUOLUMNE COUNTIES
Rates Fringes
Communications System
Installer...................$ 38.24 23.80
Technician..................$ 43.98 23.97
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
212
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 06/01/2022
Rates Fringes
LINE CONSTRUCTION
(1) Lineman; Cable splicer..$ 64.40 22.58
(2) Equipment specialist
(operates crawler
tractors, commercial motor
vehicles, backhoes,
trenchers, cranes (50 tons
and below), overhead &
underground distribution
line equipment).............$ 50.00 21.30
(3) Groundman...............$ 38.23 20.89
(4) Powderman...............$ 51.87 18.79
HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day,
Independence Day, Labor Day, Veterans Day, Thanksgiving Day
and day after Thanksgiving, Christmas Day
----------------------------------------------------------------
* ELEV0008-001 01/01/2023
Rates Fringes
ELEVATOR MECHANIC................$ 77.61 37.335+a+b
FOOTNOTE:
a. PAID VACATION: Employer contributes 8% of regular hourly
rate as vacation pay credit for employees with more than 5
years of service, and 6% for 6 months to 5 years of service.
b. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence
Day, Labor Day, Veterans' Day, Thanksgiving Day, Friday
after Thanksgiving, and Christmas Day.
----------------------------------------------------------------
ENGI0003-001 06/28/2021
""AREA 1"" WAGE RATES ARE LISTED BELOW
""AREA 2"" RECEIVES AN ADDITIONAL $2.00 PER HOUR ABOVE AREA 1
RATES.
SEE AREA DEFINITIONS BELOW
Rates Fringes
OPERATOR: Power Equipment
213
(AREA 1:)
GROUP 1.....................$ 53.92 31.54
GROUP 2.....................$ 52.39 31.54
GROUP 3.....................$ 50.91 31.54
GROUP 4.....................$ 49.53 31.54
GROUP 5.....................$ 48.26 31.54
GROUP 6.....................$ 46.94 31.54
GROUP 7.....................$ 45.80 31.54
GROUP 8.....................$ 44.66 31.54
GROUP 8-A...................$ 42.45 31.54
OPERATOR: Power Equipment
(Cranes and Attachments -
AREA 1:)
GROUP 1
Cranes.....................$ 52.30 31.15
Oiler......................$ 43.79 31.15
Truck crane oiler..........$ 46.08 31.15
GROUP 2
Cranes.....................$ 50.54 31.15
Oiler......................$ 42.83 31.15
Truck crane oiler..........$ 45.07 31.15
GROUP 3
Cranes.....................$ 48.80 31.15
Hydraulic..................$ 44.44 31.15
Oiler......................$ 42.55 31.15
Truck crane oiler..........$ 44.83 31.15
GROUP 4
Cranes.....................$ 45.76 31.15
OPERATOR: Power Equipment
(Piledriving - AREA 1:)
GROUP 1
Lifting devices............$ 52.64 31.15
Oiler......................$ 43.38 31.15
Truck Crane Oiler..........$ 45.66 31.15
GROUP 2
Lifting devices............$ 50.82 31.15
Oiler......................$ 43.11 31.15
Truck Crane Oiler..........$ 45.41 31.15
GROUP 3
Lifting devices............$ 49.14 31.15
Oiler......................$ 42.89 31.15
Truck Crane Oiler..........$ 45.12 31.15
GROUP 4
Lifting devices............$ 47.37 31.15
GROUP 5
Lifting devices............$ 44.73 31.15
GROUP 6
Lifting devices............$ 42.50 31.15
OPERATOR: Power Equipment
(Steel Erection - AREA 1:)
GROUP 1
Cranes.....................$ 53.27 31.15
Oiler......................$ 43.72 31.15
Truck Crane Oiler..........$ 45.95 31.15
GROUP 2
Cranes.....................$ 51.50 31.15
Oiler......................$ 43.45 31.15
Truck Crane Oiler..........$ 45.73 31.15
GROUP 3
Cranes.....................$ 50.02 31.15
Hydraulic..................$ 45.07 31.15
Oiler......................$ 43.23 31.15
Truck Crane Oiler..........$ 45.46 31.15
GROUP 4
Cranes.....................$ 48.00 31.15
214
GROUP 5
Cranes.....................$ 46.70 31.15
OPERATOR: Power Equipment
(Tunnel and Underground Work
- AREA 1:)
SHAFTS, STOPES, RAISES:
GROUP 1....................$ 47.52 31.15
GROUP 1-A..................$ 49.99 31.15
GROUP 2....................$ 46.26 31.15
GROUP 3....................$ 44.93 31.15
GROUP 4....................$ 43.79 31.15
GROUP 5....................$ 42.65 31.15
UNDERGROUND:
GROUP 1....................$ 47.42 31.15
GROUP 1-A..................$ 49.89 31.15
GROUP 2....................$ 46.16 31.15
GROUP 3....................$ 44.83 31.15
GROUP 4....................$ 43.69 31.15
GROUP 5....................$ 42.55 31.15
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
215
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
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;
216
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
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
217
GROUP 5: Deck engineer
GROUP 6: Deckhand; Fire tender
-------------------------------------------------------------
STEEL ERECTORS
GROUP 1: Crane over 100 tons; Derrick over 100 tons; Self-
propelled boom-type lifting device over 100 tons
GROUP 2: Crane over 45 tons to 100 tons; Derrick under 100
tons; Self-propelled boom-type lifting device over 45 tons
to 100 tons; Tower crane
GROUP 3: Crane, 45 tons and under; Self-propelled boom-type
lifting device, 45 tons and under
GROUP 4: Chicago boom; Forklift, 10 tons and over; Heavy-duty
repair person/welder
GROUP 5: Boom cat
--------------------------------------------------------------
--
TUNNEL AND UNDERGROUND WORK
GROUP 1-A: Tunnel bore machine operator, 20' diameter or more
GROUP 1: Heading shield operator; Heavy-duty repairperson;
Mucking machine (rubber tired, rail or track type); Raised
bore operator (tunnels); Tunnel mole bore operator
GROUP 2: Combination slusher and motor operator; Concrete
pump or pumpcrete gun; Power jumbo operator
GROUP 3: Drill doctor; Mine or shaft hoist
GROUP 4: Combination slurry mixer cleaner; Grouting Machine
operator; Motorman
GROUP 5: Bit Sharpener; Brakeman; Combination mixer and
compressor (gunite); Compressor operator; Oiler; Pump
operator; Slusher operator
-----------------------------------------------------------
AREA DESCRIPTIONS:
POWER EQUIPMENT OPERATORS, CRANES AND ATTACHMENTS,TUNNEL AND
UNDERGROUND [These areas do not apply to Piledrivers and
Steel Erectors]
AREA 1: ALAMEDA, CALAVERAS, CONTRA COSTA, FRESNO, KINGS,
MADERA, MARIPOSA, MERCED, MONTEREY, SAN BENITO, SAN
FRANCISCO, SAN JOAQUIN, SAN MATEO, SANTA CLARA, SANTA CRUZ,
STANISLAUS, TUOLUMNE
AREA 2 -NOTED BELOW
THE REMAINING COUNTIES ARE SPLIT BETWEEN AREA 1 AND AREA 2 AS
NOTED BELOW:
CALAVERAS COUNTY:
Area 1: Remainder
218
Area 2: Eastern Part
FRESNO COUNTY:
Area 1: Remainder
Area 2: Eastern Part
MADERA COUNTY:
Area 1: Remainder
Area 2: Eastern Part
MARIPOSA COUNTY:
Area 1: Remainder
Area 2: Eastern Part
MONTEREY COUNTY:
Area 1: Remainder
Area 2: Southwestern part
TUOLUMNE COUNTY:
Area 1: Remainder
Area 2: Eastern Part
----------------------------------------------------------------
ENGI0003-008 08/01/2022
Rates Fringes
Dredging: (DREDGING:
CLAMSHELL & DIPPER DREDGING;
HYDRAULIC SUCTION DREDGING:)
AREA 1:
(1) Leverman...............$ 55.15 35.46
(2) Dredge Dozer; Heavy
duty repairman.............$ 50.19 35.46
(3) Booster Pump
Operator; Deck
Engineer; Deck mate;
Dredge Tender; Winch
Operator...................$ 49.07 35.46
(4) Bargeman; Deckhand;
Fireman; Leveehand; Oiler..$ 45.77 35.46
AREA 2:
(1) Leverman...............$ 57.15 35.46
(2) Dredge Dozer; Heavy
duty repairman.............$ 52.19 35.46
(3) Booster Pump
Operator; Deck
Engineer; Deck mate;
Dredge Tender; Winch
Operator...................$ 51.07 35.46
(4) Bargeman; Deckhand;
Fireman; Leveehand; Oiler..$ 47.77 35.46
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:
219
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
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
220
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
----------------------------------------------------------------
ENGI0003-019 06/29/2020
SEE AREA DESCRIPTIONS BELOW
Rates Fringes
OPERATOR: Power Equipment
(LANDSCAPE WORK ONLY)
GROUP 1
AREA 1.....................$ 39.95 30.28
AREA 2.....................$ 41.95 30.28
GROUP 2
AREA 1.....................$ 36.35 30.28
AREA 2.....................$ 38.35 30.28
GROUP 3
AREA 1.....................$ 31.74 30.28
AREA 2.....................$ 33.74 30.28
GROUP DESCRIPTIONS:
GROUP 1: Landscape Finish Grade Operator: All finish grade
work regardless of equipment used, and all equipment with a
rating more than 65 HP.
GROUP 2: Landscape Operator up to 65 HP: All equipment with
a manufacturer's rating of 65 HP or less except equipment
covered by Group 1 or Group 3. The following equipment
shall be included except when used for finish work as long
as manufacturer's rating is 65 HP or less: A-Frame and
Winch Truck, Backhoe, Forklift, Hydragraphic Seeder
Machine, Roller, Rubber-Tired and Track Earthmoving
Equipment, Skiploader, Straw Blowers, and Trencher 31 HP up
to 65 HP.
GROUP 3: Landscae Utility Operator: Small Rubber-Tired
Tractor, Trencher Under 31 HP.
AREA DESCRIPTIONS:
AREA 1: ALAMEDA, BUTTE, CONTRA COSTA, KINGS, MARIN, MERCED,
NAPA, SACRAMENTO, SAN BENITO, SAN FRANCISCO, SAN JOAQUIN,
SAN MATEO, SANTA CLARA, SANTA CRUZ, SOLANO, STANISLAUS,
SUTTER, YOLO, AND YUBA COUNTIES
AREA 2 - MODOC COUNTY
221
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
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
222
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
----------------------------------------------------------------
* IRON0377-001 01/01/2023
ALAMEDA, CONTRA COSTA, SAN MATEO, SANTA CLARA COUNTIES
Rates Fringes
Ironworkers:
Fence Erector...............$ 41.28 25.66
Ornamental, Reinforcing
and Structural..............$ 49.88 34.30
PREMIUM PAY:
$6.00 additional per hour at the following locations:
China Lake Naval Test Station, Chocolate Mountains Naval
Reserve-Niland,
Edwards AFB, Fort Irwin Military Station, Fort Irwin Training
Center-Goldstone, San Clemente Island, San Nicholas Island,
Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine
Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB
223
$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
$2.00 additional per hour at the following locations:
Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock
----------------------------------------------------------------
* IRON0377-003 01/01/2023
SAN FRANCISCO CITY and COUNTY
Rates Fringes
Ironworkers:
Fence Erector...............$ 41.28 25.66
Ornamental, Reinforcing
and Structural..............$ 50.38 34.30
PREMIUM PAY:
$6.00 additional per hour at the following locations:
China Lake Naval Test Station, Chocolate Mountains Naval
Reserve-Niland,
Edwards AFB, Fort Irwin Military Station, Fort Irwin Training
Center-Goldstone, San Clemente Island, San Nicholas Island,
Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine
Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB
$4.00 additional per hour at the following locations:
Army Defense Language Institute - Monterey, Fallon Air Base,
Naval Post Graduate School - Monterey, Yermo Marine Corps
Logistics Center
$2.00 additional per hour at the following locations:
Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock
----------------------------------------------------------------
* IRON0433-005 01/01/2023
REMAINING COUNTIES
Rates Fringes
IRONWORKER
Fence Erector...............$ 41.28 25.66
Ornamental, Reinforcing
and Structural..............$ 46.20 34.30
PREMIUM PAY:
$6.00 additional per hour at the following locations:
China Lake Naval Test Station, Chocolate Mountains Naval
Reserve-Niland,
Edwards AFB, Fort Irwin Military Station, Fort Irwin Training
224
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
$2.00 additional per hour at the following locations:
Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock
----------------------------------------------------------------
LABO0067-002 06/27/2022
AREA ""A"" - ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO AND
SANTA CLARA COUNTIES
AREA ""B"" - CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA,
MERCED, MONTEREY, SAN BENITO, SAN JOAQUIN, STANISLAUS, AND
TUOLUMNE COUNTIES
Rates Fringes
Asbestos Removal Laborer
All Counties................$ 27.05 13.50
LABORER (Lead Removal)
Area A......................$ 35.37 26.95
Area B......................$ 34.37 26.95
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.
----------------------------------------------------------------
LABO0073-002 06/28/2021
CALAVERAS AND SAN JOAQUIN COUNTIES
Rates Fringes
LABORER (TRAFFIC CONTROL/LANE
CLOSURE)
Escort Driver, Flag Person..$ 33.48 26.21
Traffic Control Person I....$ 33.78 26.21
Traffic Control Person II...$ 31.28 26.21
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 07/01/2022
225
SAN JOAQUIN COUNTY
Rates Fringes
LABORER
Mason Tender-Brick..........$ 35.29 25.21
----------------------------------------------------------------
LABO0073-005 07/01/2021
Rates Fringes
Tunnel and Shaft Laborers:
GROUP 1.....................$ 42.00 25.71
GROUP 2.....................$ 41.77 25.71
GROUP 3.....................$ 41.52 25.71
GROUP 4.....................$ 41.07 25.71
GROUP 5.....................$ 40.53 25.71
Shotcrete Specialist........$ 42.52 25.71
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
----------------------------------------------------------------
LABO0073-007 06/25/2018
CALAVERAS AND SAN JOAQUIN COUNTIES
Rates Fringes
LABORER (CONSTRUCTION CRAFT
LABORERS)
Construction Specialist
Group.......................$ 30.49 23.20
GROUP 1.....................$ 29.79 23.20
GROUP 1-a...................$ 30.01 23.20
GROUP 1-c...................$ 29.84 23.20
GROUP 1-e...................$ 30.34 23.20
GROUP 1-f...................$ 30.37 23.20
GROUP 2.....................$ 29.64 23.20
GROUP 3.....................$ 29.54 23.20
GROUP 4.....................$ 23.23 23.20
226
See groups 1-b and 1-d under laborer classifications.
LABORER (GARDENERS,
HORTICULTURAL & LANDSCAPE
LABORERS)
(1) New Construction........$ 29.54 23.20
(2) Establishment Warranty
Period......................$ 23.23 23.20
LABORER (GUNITE)
GROUP 1.....................$ 29.75 22.31
GROUP 2.....................$ 29.25 22.31
GROUP 3.....................$ 28.66 22.31
GROUP 4.....................$ 28.54 22.31
LABORER (WRECKING)
GROUP 1.....................$ 29.79 23.20
GROUP 2.....................$ 29.64 23.20
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,
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
227
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.
GROUP 1-f: Wire winding machine in connection with guniting
or shot crete
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
228
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
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)
----------------------------------------------------------------
LABO0073-009 07/01/2021
CALAVERAS AND SAN JOAQUIN COUNTIES
Rates Fringes
LABORER (Plaster Tender).........$ 35.82 28.45
Work on a swing stage scaffold: $1.00 per hour additional.
----------------------------------------------------------------
LABO0261-003 06/28/2021
SAN FRANCISCO AND SAN MATEO COUNTIES
Rates Fringes
LABORER (TRAFFIC CONTROL/LANE
CLOSURE)
Escort Driver, Flag Person..$ 34.48 26.21
Traffic Control Person I....$ 34.78 26.21
Traffic Control Person II...$ 32.28 26.21
229
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 07/01/2021
SAN FRANCISCO AND SAN MATEO COUNTIES
Rates Fringes
Tunnel and Shaft Laborers:
GROUP 1.....................$ 42.00 25.71
GROUP 2.....................$ 41.77 25.71
GROUP 3.....................$ 41.52 25.71
GROUP 4.....................$ 41.07 25.71
GROUP 5.....................$ 40.53 25.71
Shotcrete Specialist........$ 42.52 25.71
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
----------------------------------------------------------------
LABO0261-009 06/25/2018
SAN FRANCISCO, AND SAN MATEO COUNTIES
Rates Fringes
LABORER (CONSTRUCTION CRAFT
LABORERS - AREA A:)
Construction Specialist
Group.......................$ 31.49 23.20
GROUP 1.....................$ 30.79 23.20
GROUP 1-a...................$ 31.01 23.20
GROUP 1-c...................$ 30.84 23.20
GROUP 1-e...................$ 31.34 23.20
GROUP 1-f...................$ 31.37 23.20
GROUP 2.....................$ 30.64 23.20
230
GROUP 3.....................$ 30.54 23.20
GROUP 4.....................$ 24.23 23.20
See groups 1-b and 1-d under laborer classifications.
LABORER (GARDENERS,
HORTICULTURAL & LANDSCAPE
LABORERS - AREA A:)
(1) New Construction........$ 30.54 23.20
(2) Establishment Warranty
Period......................$ 24.23 23.20
LABORER (WRECKING - AREA A:)
GROUP 1.....................$ 30.79 23.20
GROUP 2.....................$ 30.64 23.20
Laborers: (GUNITE - AREA A:)
GROUP 1.....................$ 30.75 22.31
GROUP 2.....................$ 30.25 22.31
GROUP 3.....................$ 29.66 22.31
GROUP 4.....................$ 29.54 22.31
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,
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
231
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.
GROUP 1-f: Wire winding machine in connection with guniting
or shot crete
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;
232
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
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)
----------------------------------------------------------------
LABO0261-011 07/01/2021
SAN FRANCISCO AND SAN MATEO COUNTIES:
Rates Fringes
MASON TENDER, BRICK..............$ 34.85 26.32
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:
$2.50 per day additional.
----------------------------------------------------------------
LABO0261-014 07/01/2022
SAN FRANCISCO AND SAN MATEO COUNTIES:
Rates Fringes
233
PLASTER TENDER...................$ 40.48 30.23
Work on a swing stage scaffold: $1.00 per hour additional.
----------------------------------------------------------------
LABO0270-003 06/28/2021
AREA A: SANTA CLARA
AREA B: MONTEREY, SAN BENITO AND SANTA CRUZ COUNTIES
Rates Fringes
LABORER (TRAFFIC CONTROL/LANE
CLOSURE)
Escort Driver, Flag Person
Area A.....................$ 34.48 26.21
Area B.....................$ 33.48 26.21
Traffic Control Person I
Area A.....................$ 34.78 26.21
Area B.....................$ 33.78 26.21
Traffic Control Person II
Area A.....................$ 32.28 26.21
Area B.....................$ 31.28 26.21
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 07/01/2021
MONTEREY, SAN BENITO, SANTA CLARA, AND SANTA CRUZ COUNTIES
Rates Fringes
Tunnel and Shaft Laborers:
GROUP 1.....................$ 42.00 25.71
GROUP 2.....................$ 41.77 25.71
GROUP 3.....................$ 41.52 25.71
GROUP 4.....................$ 41.07 25.71
GROUP 5.....................$ 40.53 25.71
Shotcrete Specialist........$ 42.52 25.71
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);
234
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 07/01/2022
MONTEREY AND SAN BENITO COUNTIES
Rates Fringes
LABORER
Mason Tender-Brick..........$ 35.29 25.21
----------------------------------------------------------------
LABO0270-007 06/25/2018
MONTEREY, SAN BENITO, AND SANTA CRUZ, COUNTIES
Rates Fringes
LABORER (CONSTRUCTION CRAFT
LABORERS - AREA B)
Construction Specialist
Group.......................$ 30.40 23.20
GROUP 1.....................$ 29.79 23.20
GROUP 1-a...................$ 30.01 23.20
GROUP 1-c...................$ 29.84 23.20
GROUP 1-e...................$ 30.34 23.20
GROUP 1-f...................$ 30.37 23.20
GROUP 2.....................$ 29.64 23.20
GROUP 3.....................$ 29.54 23.20
GROUP 4.....................$ 23.23 23.20
See groups 1-b and 1-d under laborer classifications.
LABORER (GARDENERS,
HORTICULTURAL & LANDSCAPE
LABORERS - AREA B)
(1) New Construction........$ 29.54 23.20
(2) Establishment Warranty
Period......................$ 23.23 23.20
LABORER (GUNITE - AREA B)
GROUP 1.....................$ 29.75 22.31
GROUP 2.....................$ 29.25 22.31
GROUP 3.....................$ 28.66 22.31
GROUP 4.....................$ 28.54 22.31
LABORER (WRECKING - AREA B)
GROUP 1.....................$ 29.79 23.20
GROUP 2.....................$ 29.64 23.20
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;
235
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,
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
236
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.
GROUP 1-f: Wire winding machine in connection with guniting
or shot crete
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
GROUP 3: Reboundman
237
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)
----------------------------------------------------------------
LABO0270-010 06/25/2018
SANTA CLARA COUNTY
Rates Fringes
LABORER (CONSTRUCTION CRAFT
LABORERS - AREA A:)
Construction Specialist
Group.......................$ 31.49 23.20
GROUP 1.....................$ 30.79 23.20
GROUP 1-a...................$ 31.01 23.20
GROUP 1-c...................$ 30.84 23.20
GROUP 1-e...................$ 31.34 23.20
GROUP 1-f...................$ 30.37 23.20
GROUP 2.....................$ 30.64 23.20
GROUP 3.....................$ 30.54 23.20
GROUP 4.....................$ 24.23 23.20
See groups 1-b and 1-d under laborer classifications.
LABORER (GARDENERS,
HORTICULTURAL & LANDSCAPE
LABORERS - AREA A:)
(1) New Construction........$ 30.54 23.20
(2) Establishment Warranty
Period......................$ 24.23 23.20
LABORER (GUNITE - AREA A:)
GROUP 1.....................$ 30.75 22.31
GROUP 2.....................$ 30.25 22.31
GROUP 3.....................$ 29.66 22.31
GROUP 4.....................$ 29.54 22.31
LABORER (WRECKING - AREA A:)
GROUP 1.....................$ 30.79 23.20
GROUP 2.....................$ 30.64 23.20
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;
238
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,
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
239
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 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
GROUP 3: Reboundman
GROUP 4: Gunite laborer
----------------------------------------------------------
240
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)
----------------------------------------------------------------
LABO0270-011 07/01/2017
MONTEREY, SAN BENITO, SANTA CRUZ, SANTA CLARA COUNTIES
Rates Fringes
LABORER (Plaster Tender).........$ 34.70 21.22
Work on a swing stage scaffold: $1.00 per hour additional.
----------------------------------------------------------------
LABO0294-001 07/01/2022
FRESNO, KINGS AND MADERA COUNTIES
Rates Fringes
LABORER (Brick)
Mason Tender-Brick..........$ 35.29 25.21
----------------------------------------------------------------
LABO0294-002 06/28/2021
FRESNO, KINGS, AND MADERA COUNTIES
Rates Fringes
LABORER (TRAFFIC CONTROL/LANE
CLOSURE)
Escort Driver, Flag Person..$ 33.48 26.21
Traffic Control Person I....$ 33.78 26.21
Traffic Control Person II...$ 31.28 26.21
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 07/01/2021
FRESNO, KINGS, AND MADERA COUNTIES
Rates Fringes
Tunnel and Shaft Laborers:
GROUP 1.....................$ 42.00 25.71
GROUP 2.....................$ 41.77 25.71
GROUP 3.....................$ 41.52 25.71
GROUP 4.....................$ 41.07 25.71
GROUP 5.....................$ 40.53 25.71
Shotcrete Specialist........$ 42.52 25.71
TUNNEL AND SHAFT CLASSIFICATIONS
241
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
----------------------------------------------------------------
LABO0294-008 06/25/2018
FRESNO, KINGS, AND MADERA COUNTIES
Rates Fringes
LABORER (CONSTRUCTION CRAFT
LABORERS - AREA B:)
Construction Specialist
Group.......................$ 30.49 23.20
GROUP 1.....................$ 29.79 23.20
GROUP 1-a...................$ 30.01 23.20
GROUP 1-c...................$ 29.84 23.20
GROUP 1-e...................$ 30.34 23.20
GROUP 1-f...................$ 30.37 23.20
GROUP 2.....................$ 29.64 23.20
GROUP 3.....................$ 29.54 23.20
GROUP 4.....................$ 23.23 23.20
See groups 1-b and 1-d under laborer classifications.
LABORER (GARDENERS,
HORTICULTURAL & LANDSCAPE
LABORERS - AREA B:)
(1) New Construction........$ 29.54 23.20
(2) Establishment Warranty
Period......................$ 23.23 23.20
LABORER (GUNITE - AREA B:)
GROUP 1.....................$ 29.75 22.31
GROUP 2.....................$ 29.25 22.31
GROUP 3.....................$ 28.66 22.31
GROUP 4.....................$ 28.54 22.31
LABORER (WRECKING - AREA B:)
GROUP 1.....................$ 29.79 23.20
GROUP 2.....................$ 29.64 23.20
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.
242
---------------------------------------------------------
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,
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.
243
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.
GROUP 1-f: Wire winding machine in connection with guniting
or shot crete
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"".
--------------------------------------------------------
244
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)
----------------------------------------------------------------
LABO0294-010 07/01/2021
CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, SAN
JOAQUIN, STANISLAUS & TUOLUMNE
Rates Fringes
Plasterer tender.................$ 35.82 28.45
Work on a swing stage scaffold: $1.00 per hour additional.
----------------------------------------------------------------
LABO0294-011 07/01/2021
FRESNO, KINGS, AND MADERA COUNTIES
Rates Fringes
LABORER (Plaster Tender).........$ 35.82 28.45
Work on a swing stage scaffold: $1.00 per hour additional.
----------------------------------------------------------------
LABO0304-002 06/28/2021
ALAMEDA COUNTY
Rates Fringes
LABORER (TRAFFIC CONTROL/LANE
CLOSURE)
Escort Driver, Flag Person..$ 34.48 26.21
Traffic Control Person I....$ 34.78 26.21
Traffic Control Person II...$ 32.28 26.21
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 07/01/2021
245
ALAMEDA COUNTY
Rates Fringes
Tunnel and Shaft Laborers:
GROUP 1.....................$ 42.00 25.71
GROUP 2.....................$ 41.77 25.71
GROUP 3.....................$ 41.52 25.71
GROUP 4.....................$ 41.07 25.71
GROUP 5.....................$ 40.53 25.71
Shotcrete Specialist........$ 42.52 25.71
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
----------------------------------------------------------------
LABO0304-004 06/25/2018
ALAMEDA COUNTY
Rates Fringes
LABORER (CONSTRUCTION CRAFT
LABORERS - AREA A:)
Construction Specialist
Group.......................$ 31.49 23.20
GROUP 1.....................$ 30.79 23.20
GROUP 1-a...................$ 31.01 23.20
GROUP 1-c...................$ 30.84 23.20
GROUP 1-e...................$ 31.34 23.20
GROUP 1-f...................$ 30.37 23.20
GROUP 2.....................$ 30.64 23.20
GROUP 3.....................$ 30.54 23.20
GROUP 4.....................$ 24.23 23.20
See groups 1-b and 1-d under laborer classifications.
LABORER (GARDENERS,
HORTICULTURAL & LANDSCAPE
LABORERS - AREA A:)
(1) New Construction........$ 30.54 23.20
(2) Establishment Warranty
Period......................$ 24.23 23.20
LABORER (GUNITE - AREA A:)
246
GROUP 1.....................$ 30.75 22.31
GROUP 2.....................$ 30.25 22.31
GROUP 3.....................$ 29.66 22.31
GROUP 4.....................$ 29.54 22.31
LABORER (WRECKING - AREA A:)
GROUP 1.....................$ 30.79 23.20
GROUP 2.....................$ 30.64 23.20
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,
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
247
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.
GROUP 1-f: Wire winding machine in connection with guniting
or shot crete
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
248
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
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)
----------------------------------------------------------------
LABO0304-005 05/01/2018
ALAMEDA COUNTY
Rates Fringes
Brick Tender.....................$ 35.37 20.70
FOOTNOTES: Work on jobs where heat-protective clothing is
required: $2.00 per hour additional. Work at grinders: $.25
per hour additional. Manhole work: $2.00 per day additional.
----------------------------------------------------------------
LABO0304-008 07/01/2017
ALAMEDA AND CONTRA COSTA COUNTIES:
Rates Fringes
Plasterer tender.................$ 34.70 23.11
Work on a swing stage scaffold: $1.00 per hour additional.
----------------------------------------------------------------
LABO0324-002 06/28/2021
CONTRA COSTA COUNTY
Rates Fringes
LABORER (TRAFFIC CONTROL/LANE
249
CLOSURE)
Escort Driver, Flag Person..$ 34.48 26.21
Traffic Control Person I....$ 34.78 26.21
Traffic Control Person II...$ 32.28 26.21
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 06/25/2018
CONTRA COSTA COUNTY
Rates Fringes
Tunnel and Shaft Laborers:
GROUP 1.....................$ 37.82 24.11
GROUP 2.....................$ 37.59 24.11
GROUP 3.....................$ 37.34 24.11
GROUP 4.....................$ 36.89 24.11
GROUP 5.....................$ 36.35 24.11
Shotcrete Specialist........$ 38.34 24.11
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
----------------------------------------------------------------
LABO0324-012 06/25/2018
CONTRA COSTA COUNTY
Rates Fringes
LABORER (CONSTRUCTION CRAFT
LABORERS - AREA A:)
Construction Specialist
Group.......................$ 31.49 23.20
GROUP 1.....................$ 30.79 23.20
250
GROUP 1-a...................$ 31.01 23.20
GROUP 1-c...................$ 30.84 23.20
GROUP 1-e...................$ 31.34 23.20
GROUP 1-f...................$ 30.37 23.20
GROUP 1-g...................$ 30.99 23.20
GROUP 2.....................$ 30.64 23.20
GROUP 3.....................$ 30.54 23.20
GROUP 4.....................$ 24.23 23.20
See groups 1-b and 1-d under laborer classifications.
LABORER (GARDENERS,
HORTICULURAL & LANDSCAPE
LABORERS - AREA A:)
(1) New Construction........$ 30.54 23.20
(2) Establishment Warranty
Period......................$ 24.23 23.20
LABORER (GUNITE - AREA A:)
GROUP 1.....................$ 30.75 22.31
GROUP 2.....................$ 30.25 22.31
GROUP 3.....................$ 29.66 22.31
GROUP 4.....................$ 29.54 22.31
LABORER (WRECKING - AREA A:)
GROUP 1.....................$ 30.79 23.20
GROUP 2.....................$ 30.64 23.20
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,
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;
251
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.
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
252
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
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)
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
253
----------------------------------------------------------------
LABO0324-014 05/01/2018
CONTRA COSTA COUNTY:
Rates Fringes
Brick Tender.....................$ 35.37 20.70
FOOTNOTES: Work on jobs where heat-protective clothing is
required: $2.00 per hour additional. Work at grinders: $.25
per hour additional. Manhole work: $2.00 per day additional.
----------------------------------------------------------------
LABO0324-018 07/01/2021
ALAMEDA AND CONTRA COSTA COUNTIES:
Rates Fringes
Plasterer tender.................$ 38.28 29.43
Work on a swing stage scaffold: $1.00 per hour additional.
----------------------------------------------------------------
LABO1130-002 06/28/2021
MARIPOSA, MERCED, STANISLAUS, AND TUOLUMNE COUNTIES
Rates Fringes
LABORER (TRAFFIC CONTROL/LANE
CLOSURE)
Escort Driver, Flag Person..$ 33.48 26.21
Traffic Control Person I....$ 33.78 26.21
Traffic Control Person II...$ 31.28 26.21
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 06/26/2017
MARIPOSA, MERCED, STANISLAUS, AND TUOLUMNE COUNTIES
Rates Fringes
Tunnel and Shaft Laborers:
GROUP 1.....................$ 36.60 24.83
GROUP 2.....................$ 36.37 24.83
GROUP 3.....................$ 36.12 24.83
GROUP 4.....................$ 35.67 24.83
GROUP 5.....................$ 35.13 24.83
Shotcrete Specialist........$ 37.12 24.83
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)
254
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 07/01/2022
MARIPOSA, MERCED, STANISLAUS AND TUOLUMNE COUNTIES
Rates Fringes
LABORER
Mason Tender-Brick..........$ 35.29 25.21
----------------------------------------------------------------
LABO1130-007 06/25/2018
MARIPOSA, MERCED, STANISLAUS, AND TUOLUMNE , COUNTIES
Rates Fringes
LABORER (CONSTRUCTION CRAFT
LABORERS - AREA B:)
Construction Specialist
Group.......................$ 30.49 23.20
GROUP 1.....................$ 29.79 23.20
GROUP 1-a...................$ 30.01 23.20
GROUP 1-c...................$ 29.84 23.20
GROUP 1-e...................$ 30.34 23.20
GROUP 1-f...................$ 29.37 23.20
GROUP 2.....................$ 29.64 23.20
GROUP 3.....................$ 29.54 23.20
GROUP 4.....................$ 23.23 23.20
See groups 1-b and 1-d under laborer classifications.
LABORER (GARDENERS,
HORTICULTURAL & LANDSCAPE
LABORERS - AREA B:)
(1) New Construction........$ 29.54 23.20
(2) Establishment Warranty
Period......................$ 23.23 23.20
LABORER (GUNITE - AREA B:)
GROUP 1.....................$ 29.75 22.31
GROUP 2.....................$ 29.25 22.31
GROUP 3.....................$ 28.66 22.31
GROUP 4.....................$ 28.54 22.31
LABORER (WRECKING - AREA B:)
GROUP 1.....................$ 29.79 23.20
GROUP 2.....................$ 29.64 23.20
FOOTNOTES:
Laborers working off or with or from bos'n chairs, swinging
255
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,
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
256
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.
GROUP 1-f: Wire winding machine in connection with guniting
or shot crete
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
257
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)
----------------------------------------------------------------
LABO1130-008 07/01/2021
CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, SAN
JOAQUIN, STANISLAUS & TUOLUMNE
Rates Fringes
Plasterer tender.................$ 35.82 28.45
Work on a swing stage scaffold: $1.00 per hour additional.
----------------------------------------------------------------
LABO1130-009 07/01/2021
MARIPOSA, MERCED, STANISLAUS, AND TUOLUMNE COUNTIES
Rates Fringes
LABORER (Plaster Tender).........$ 35.82 28.45
Work on a swing stage scaffold: $1.00 per hour additional.
----------------------------------------------------------------
PAIN0016-001 01/01/2022
ALAMEDA, CONTRA COSTA, MONTEREY, SAN BENITO, SAN MATEO, SANTA
CLARA, AND SANTA CRUZ COUNTIES
Rates Fringes
Painters:........................$ 46.37 26.33
PREMIUMS:
EXOTIC MATERIALS - $1.25 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]
258
HIGH WORK:
over 50 feet - $2.00 per hour additional
100 to 180 feet - $4.00 per hour additional
Over 180 feet - $6.00 per houir additional
----------------------------------------------------------------
PAIN0016-003 07/01/2022
AREA 1: ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO & SANTA
CLARA COUNTIES
AREA 2: CALAVERAS, MARIPOA, MERCED, MONTEREY, SAN BENITO, SAN
JOAQUIN, SANTA CRUZ, STANISLAUS & TUOLUMNE COUNTIES
Rates Fringes
Drywall Finisher/Taper
AREA 1......................$ 57.16 30.24
AREA 2......................$ 53.03 28.84
----------------------------------------------------------------
PAIN0016-012 07/01/2022
ALAMEDA, CONTRA COSTA, MARIPOSA, MERCED, MONTEREY, SAN BENITO,
SAN FRANCISCO, SAN MATEO, SANTA CLARA AND SANTA CRUZ COUNTIES
Rates Fringes
SOFT FLOOR LAYER.................$ 54.25 32.28
----------------------------------------------------------------
PAIN0016-015 01/01/2021
CALAVERAS, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS & TUOLUMNE
COUNTIES
Rates Fringes
PAINTER
Brush.......................$ 35.88 21.16
FOOTNOTES:
SPRAY/SANDBLAST: $0.50 additional per hour.
EXOTIC MATERIALS: $1.25 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 $6.00 additional per hour.
----------------------------------------------------------------
PAIN0016-022 01/01/2022
SAN FRANCISCO COUNTY
Rates Fringes
PAINTER..........................$ 49.99 26.33
----------------------------------------------------------------
PAIN0169-001 06/01/2020
FRESNO, KINGS, MADERA, MARIPOSA AND MERCED COUNTIES:
Rates Fringes
259
GLAZIER..........................$ 40.00 26.76
----------------------------------------------------------------
PAIN0169-005 01/01/2022
ALAMEDA CONTRA COSTA, MONTEREY, SAN BENITO, SAN FRANCISCO, SAN
MATEO, SANTA CLARA & SANTA CRUZ COUNTIES
Rates Fringes
GLAZIER..........................$ 54.77 31.45
----------------------------------------------------------------
PAIN0294-004 01/01/2021
FRESNO, KINGS AND MADERA COUNTIES
Rates Fringes
PAINTER
Brush, Roller...............$ 31.36 20.33
Drywall Finisher/Taper......$ 40.10 25.00
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) $0.75 per hour additional.
----------------------------------------------------------------
PAIN0294-005 08/01/2022
FRESNO, KINGS & MADERA
Rates Fringes
SOFT FLOOR LAYER.................$ 37.12 22.10
----------------------------------------------------------------
PAIN0767-001 01/01/2022
CALAVERAS, SAN JOAQUIN, STANISLAUS AND TUOLUMNE COUNTIES:
Rates Fringes
GLAZIER..........................$ 41.78 33.09
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 $1.50
per hour above the basic hourly rate at any elevation.
----------------------------------------------------------------
PAIN1176-001 07/01/2022
HIGHWAY IMPR0VEMENT
Rates Fringes
Parking Lot Striping/Highway
Marking:
GROUP 1.....................$ 40.83 17.62
GROUP 2.....................$ 34.71 17.62
260
GROUP 3.....................$ 35.11 17.62
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 08/01/2022
CALAVERAS; SAN JOAQUIN COUNTIES; STANISLAUS AND TUOLUMNE
COUNTIES:
Rates Fringes
SOFT FLOOR LAYER.................$ 44.72 24.98
----------------------------------------------------------------
PLAS0066-002 07/01/2019
ALAMEDA, CONTRA COSTA, SAN MATEO AND SAN FRANCISCO COUNTIES:
Rates Fringes
PLASTERER........................$ 42.41 30.73
----------------------------------------------------------------
PLAS0300-001 07/01/2018
Rates Fringes
PLASTERER
AREA 188: Fresno...........$ 32.70 31.68
AREA 224: San Benito,
Santa Clara, Santa Cruz.....$ 32.88 31.68
AREA 295: Calaveras & San
Joaquin Couonties...........$ 32.70 31.68
AREA 337: Monterey County..$ 32.88 31.68
AREA 429: Mariposa,
Merced, Stanislaus,
Tuolumne Counties...........$ 32.70 31.68
----------------------------------------------------------------
PLAS0300-005 07/01/2016
Rates Fringes
CEMENT MASON/CONCRETE FINISHER...$ 32.15 23.27
----------------------------------------------------------------
PLUM0038-001 07/01/2022
SAN FRANCISCO COUNTY
Rates Fringes
PLUMBER (Plumber,
Steamfitter, Refrigeration
Fitter)..........................$ 82.00 48.18
----------------------------------------------------------------
PLUM0038-005 07/01/2022
SAN FRANCISCO COUNTY
261
Rates Fringes
Landscape/Irrigation Fitter
(Underground/Utility Fitter).....$ 69.70 33.15
----------------------------------------------------------------
PLUM0062-001 07/01/2022
MONTEREY AND SANTA CRUZ COUNTIES
Rates Fringes
PLUMBER & STEAMFITTER............$ 48.95 38.65
----------------------------------------------------------------
PLUM0159-001 07/01/2022
CONTRA COSTA COUNTY
Rates Fringes
Plumber and steamfitter
(1) Refrigeration...........$ 56.93 41.04
(2) All other work..........$ 62.12 45.24
----------------------------------------------------------------
* PLUM0246-001 01/01/2023
FRESNO, KINGS & MADERA COUNTIES
Rates Fringes
PLUMBER & STEAMFITTER............$ 46.95 38.59
----------------------------------------------------------------
* 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
262
----------------------------------------------------------------
PLUM0342-001 07/01/2022
ALAMEDA & CONTRA COSTA COUNTIES
Rates Fringes
PIPEFITTER
CONTRA COSTA COUNTY.........$ 72.00 45.70
PLUMBER, PIPEFITTER,
STEAMFITTER
ALAMEDA COUNTY..............$ 72.00 45.70
----------------------------------------------------------------
PLUM0355-004 07/01/2022
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...........$ 32.22 17.55
----------------------------------------------------------------
PLUM0393-001 07/01/2021
SAN BENITO AND SANTA CLARA COUNTIES
Rates Fringes
PLUMBER/PIPEFITTER...............$ 68.76 46.63
----------------------------------------------------------------
* PLUM0442-001 01/01/2023
CALAVERAS, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS & TUOLUMNE
COUNTIES
Rates Fringes
PLUMBER & STEAMFITTER............$ 50.75 35.14
----------------------------------------------------------------
PLUM0467-001 07/01/2021
SAN MATEO COUNTY
Rates Fringes
Plumber/Pipefitter/Steamfitter...$ 73.10 38.61
----------------------------------------------------------------
* ROOF0027-002 01/01/2023
FRESNO, KINGS, AND MADERA COUNTIES
Rates Fringes
ROOFER...........................$ 41.31 15.31
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:
$2.00 per hour additional.
263
----------------------------------------------------------------
ROOF0040-002 08/01/2022
SAN FRANCISCO & SAN MATEO COUNTIES:
Rates Fringes
ROOFER...........................$ 49.83 21.14
----------------------------------------------------------------
ROOF0081-001 08/01/2022
ALAMEDA AND CONTRA COSTA COUNTIES:
Rates Fringes
Roofer...........................$ 50.27 20.66
----------------------------------------------------------------
ROOF0081-004 08/01/2022
CALAVERAS, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS AND
TUOLUMNE COUNTIES:
Rates Fringes
ROOFER...........................$ 43.13 19.71
----------------------------------------------------------------
ROOF0095-002 08/01/2022
MONTEREY, SAN BENITO, SANTA CLARA, AND SANTA CRUZ COUNTIES:
Rates Fringes
ROOFER
Bitumastic, Enameler, Coal
Tar, Pitch and Mastic
worker......................$ 55.16 20.82
Journeyman..................$ 51.16 20.82
Kettle person (2 kettles)...$ 53.16 20.82
----------------------------------------------------------------
SFCA0483-001 08/01/2022
ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO AND SANTA CLARA
COUNTIES:
Rates Fringes
SPRINKLER FITTER (FIRE)..........$ 73.05 36.39
----------------------------------------------------------------
* SFCA0669-011 01/01/2023
CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, MONTEREY,
SAN BENITO, SAN JOAQUIN, SANTA CRUZ, STANISLAUS AND TUOLUMNE
COUNTIES:
Rates Fringes
SPRINKLER FITTER.................$ 42.30 27.25
----------------------------------------------------------------
SHEE0104-001 07/01/2020
AREA 1: ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO, SANTA
CLARA
264
AREA 2: MONTEREY & SAN BENITO
AREA 3: SANTA CRUZ
Rates Fringes
SHEET METAL WORKER
AREA 1:
Mechanical Contracts
under $200,000.............$ 55.92 45.29
All Other Work.............$ 64.06 46.83
AREA 2......................$ 52.90 36.44
AREA 3......................$ 55.16 34.18
----------------------------------------------------------------
SHEE0104-003 07/01/2021
CALAVERAS AND SAN JOAQUIN COUNTIES:
Rates Fringes
SHEET METAL WORKER...............$ 44.34 39.22
----------------------------------------------------------------
SHEE0104-005 07/01/2021
MARIPOSA, MERCED, STANISLAUS AND TUOLUMNE COUNTIES:
Rates Fringes
SHEET METAL WORKER (Excluding
metal deck and siding)...........$ 41.28 45.41
----------------------------------------------------------------
SHEE0104-007 07/01/2021
FRESNO, KINGS, AND MADERA COUNTIES:
Rates Fringes
SHEET METAL WORKER...............$ 44.07 40.79
----------------------------------------------------------------
SHEE0104-015 07/01/2020
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).........$ 44.45 35.55
----------------------------------------------------------------
SHEE0104-018 07/01/2020
CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, SAN
JOAQUIN, STANISLAUS AND TUOLUMNE COUNTIES:
Rates Fringes
Sheet metal worker (Metal
decking and siding only).........$ 44.45 35.55
----------------------------------------------------------------
TEAM0094-001 07/01/2022
265
Rates Fringes
Truck drivers:
GROUP 1.....................$ 36.95 31.14
GROUP 2.....................$ 37.25 31.14
GROUP 3.....................$ 37.55 31.14
GROUP 4.....................$ 37.90 31.14
GROUP 5.....................$ 38.25 31.14
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
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
266
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.
================================================================
** Workers in this classification may be entitled to a higher
minimum wage under Executive Order 14026 ($16.20) or 13658
($12.15). Please see the Note at the top of the wage
determination for more information.
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
https://www.dol.gov/agencies/whd/government-contracts.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)).
----------------------------------------------------------------
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of ""identifiers"" that indicate whether the particular
rate is a union rate (current union negotiated rate for local),
a survey rate (weighted average rate) or a union average rate
(weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than ""SU"" or
""UAVG"" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198
267
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
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
268
National Office because National Office has responsibility for
the Davis-Bacon survey program. If the response from this
initial contact is not satisfactory, then the process described
in 2.) and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
================================================================
END OF GENERAL DECISIO"
269
2
ATTACHMENT D
APPENDIX E OF TITLE VI ASSURANCES
270
3
Appendix E of the Title VI Assurances
(US DOT Order 1050.2A)
During the performance of this contract, the Contractor, for itself, its assignees, and successors in
interest (hereinafter referred to as the “contractor”) agrees to comply with the following nondiscrimination
statutes and authorities; including but not limited to:
Pertinent Nondiscrimination Authorities:
Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits
discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §
4601), (prohibits unfair treatment of persons displaced or whose property has been acquired
because of Federal or Federal-aid programs and projects);
Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of
sex;
Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CR Part 27;
The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination
on the basis of age);
Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section
504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities”
to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors,
whether such programs or activities are Federally funded or not);
Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of
disability in the operation of public entities, public and private transportation systems, places of public
accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by
Department of Transportation regulations 49 C.F.R. parts 37 and 38;
The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations
and Low-Income Populations, which ensures discrimination against minority populations by
discouraging programs, policies, and activities with disproportionately high and adverse human
health or environmental effects on minority and low-income populations;
Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency,
and resulting agency guidance, national origin discrimination includes discrimination because of
limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable
steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087
to 74100);
Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating
because of sex in education programs or activities (20 U.S.C. 1681 et seq).
271
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:23-292 Agenda Date:4/12/2023
Version:1 Item #:14.
Report regarding approval of a resolution authorizing the Mayor to sign a letter of support for Assembly Bill
311 (Santiago)“Food for All”to expand access to the California Food Assistance Program (CFAP).(Tamiko
Huey, Management Analyst II)
RECOMMENDATION
It is recommended that the City Council approve a resolution authorizing the Mayor to sign a letter of
support for Assembly Bill 311 (Santiago)“Food for All”to expand access to the California Food
Assistance Program (CFAP)
BACKGROUND/DISCUSSION
CalFresh also commonly referred to as SNAP (Supplemental Nutrition Assistance Program)or Food Stamps
was established by the Food Stamp Reform Act of 1977.This program issues monthly electronic benefits via
debit cards to low-income individuals that can be used to buy most foods at participating markets and grocery
stores. (Welfare & Institutions Code Section 18900.2)
CalFresh applicants must be U.S.citizens or lawfully present immigrants who have either lived in the country
(in a qualified status)for five years,receive disability related assistance or benefits,regardless of entry date,or
are children who are qualified and lawfully admitted for permanent residence under the Immigration and
Nationality Act.Undocumented Californians are unjustly excluded from CalFresh (SNAP),the California Food
Assistance Program CFAP), and other crucial benefit programs.
Currently,45%of undocumented adults and 64%of undocumented children in California are affected by food
insecurity.While CalFresh and CFAP is a vital food resource for low-income Californians,these programs
unjustly exclude between 690,000 to 840,000 residents on the basis of their immigration status.Specifically,
CFAP excludes undocumented immigrants,Deferred Action for Childhood Arrivals recipients,Temporary
Protected Status holders,and certain visa holders.Although the 2022-23 State Budget expanded access to
CFAP for California immigrants ages 55 and older, it excluded California immigrants ages 54 and younger.
These exclusions contribute to the nation’s high rate of hunger,which can have serious consequences for
health,financial security,and children’s long-term success.Research shows that access to food assistance like
CalFresh improves overall health outcomes for low-income individuals and lowers health care costs over the
long term.Unfortunately,California immigrants experience high levels of food insecurity as a result of racial
and economic disparities and xenophobic exclusions within our State’s safety net programs.
AB 311 will provide an avenue to truly establish food for all by removing the age limitation and ensure that no
Californian goes hungry.
FISCAL IMPACT
There is no fiscal impact to the City.
RELATIONSHIP TO STRATEGIC PLAN
Support of Assembly Bill 311 (Santiago)“Food for All”contributes to the City’s Strategic Plan under Priority
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File #:23-292 Agenda Date:4/12/2023
Version:1 Item #:14.
#2: Quality of Life.
CONCLUSION
It is recommended that the City Council approve a resolution authorizing the Mayor to sign a letter of support
for Assembly Bill 311 (Santiago)“Food for All”to expand access to the California Food Assistance Program
(CFAP).
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[ORGANIZATION’S LETTERHEAD]
[Date]
The Honorable Corey Jackson
Chair of Assembly Human Services Committee
Legislative Office Building
1020 N Street, Room 124
Sacramento, CA 95814
RE: AB 311 (Santiago): Food for All - SUPPORT
Dear Assembly Member Jackson:
On the behalf of [I am/Name of your organization is], I am writing in strong support of AB 311
(Santiago) “Food for All”, which would expand the California Food Assistance Program (CFAP)
to provide vital food assistance to income-eligible Californians who are currently ineligible due
to their immigration status.
California immigrants experience high levels of food insecurity as a result of racial and economic
disparities that exist within our state’s safety net programs. The COVID-19 pandemic and rising
cost of food due to inflation have worsened hardships across the state, particularly among low-
income undocumented immigrants.
Children in families with undocumented immigrant members are three to four times more likely
to struggle to meet their basic needs than children in non-immigrant households 1. In fact, recent
studies indicate that 45 percent of undocumented Californians and 64 percent of undocumented
children are currently affected by food insecurity 2. While CalFresh and CFAP provide a critical
lifeline for millions of Californians with low income, these programs exclude between 690,000 to
840,000 Californians on the basis of their immigration status.
[If you would like to, insert your own reason(s) for supporting AB 311 here.]
In order to effectively address increasing food insecurity, reduce poverty and homelessness, and
support an equitable recovery from the impact of COVID-19, it is critical that California eliminate
anti-immigrant exclusions within CFAP and bring equity to our state’s food safety net. California
has a longstanding history of enacting inclusive policies and has the power to end the exclusion of
immigrants from our food assistance programs. Until all California residents can access food
benefits, our institutions will not fully reflect the state’s values of equity and inclusion.
1 https://childrenspartnership.org/wp-content/uploads/2022/06/AChildIsaChild_Children-in-Immigrant-Families-
2022-FINAL.pdf
2 https://nourishca.org/food4all-briefs/
274
Ensuring immigrant Californians are treated fairly and have sufficient food are important steps
toward an equitable California where prosperity is shared by all. Now is the time for California to
champion bold policies and put forth a different vision for our nation, one where all Californians
— regardless of immigration status — have the food they need.
For these reasons, we strongly support AB 311 and respectfully request your support.
Sincerely,
275
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:23-293 Agenda Date:4/12/2023
Version:1 Item #:14a.
Resolution authorizing the Mayor to sign a letter of support for Assembly Bill 311 (Santiago)“Food for All”to
expand access to the California Food Assistance Program (CFAP).
WHEREAS,Assembly Bill 311 would expand access would expand the California Food Assistance Program
(CFAP)to provide vital food assistance to income-eligible Californians who are currently ineligible due to their
immigration status; and
WHEREAS,this legislation will increase access to food by removing the arbitrary exclusion of income-
eligible Californians from CFAP due to their immigration status, regardless of age ; and
WHEREAS,support for Assembly Bill 311 will bring our community and nation one step closer to
achieving a world that is hunger free; and
WHEREAS, Assembly Bill 311 aligns with the City’s Strategic Plan under Priority #2: Quality of Life.
NOW THEREFORE BE IT RESOLVED,by the City Council of the City of South San Francisco that
the Mayor is authorized to send a letter in support of Assembly Bill 311 described in the accompanying staff
report presented to the City Council on April 12, 2023.
*****
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:23-282 Agenda Date:4/12/2023
Version:1 Item #:15.
Conference with Legal Counsel - Existing Litigation
(Pursuant to Government Code of Section 54956.9(d)(1))
Name of case: In re: National Prescription Opiate Litigation (United States District Court, Northern District of
Ohio, Case No. 1:17-MD-2804)
(Sky Woodruff, City Attorney; Leslie Arroyo, Deputy City Manager; Tamiko Huey, Management Analyst)
City of South San Francisco Printed on 4/7/2023Page 1 of 1
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