CC - Item 4E - Extension of Agreement with Peek traffic Signal Maintenance Inc.TO: HONORABLE MAYOR
AND COUNCILMEMBERS
ROSEMFAD CITY COUNCIL
FROM: BILL CROWE, CITY MANAGER
DATE: FEBRUARY 18, 2004
RE: EXTENSION OF AGREEMENT WITH PEEK TRAFFIC SIGNAL
MAINTENANCE, INC. FOR TRAFFIC SIGNAL MAINTENANCE
SERVICES
Attached is a letter from Peek Traffic Signal Maintenance, Inc. requesting to extend its
current agreement with the City through May 31, 2005. Peek is requesting to increase
the rates for the top four Hourly Labor Rate Classifications to that which will comply with
the prevailing wage rates as determined by the Department of Industrial Relations. For
all other labor classifications and equipment, Peek is requesting a 2.6% increase in
rates, which is in line with the most recent CPI report that is attached for the Council's
review. If approved, the rates paid by the City would be $48.92 per month per
intersection.
Peek has maintained the City's traffic signals since 1981. Since then, the company has
established itself as a reputable and reliable contractor.
RECOMMENDATION
It is recommended that the City Council approve the extension to the agreement with
Peek Traffic Signal Maintenance, Inc. effective through May 31, 2005.
Attachment
COUNM
FEB 2 4 2004
ITEM No.
EXTENSION OF AGREEMENT
This EXTENSION OF AGREEMENT is entered into effective retroactively to the 1" day of June 2003,
by and between the CITY OF ROSEMEAD, a municipal corporation (hereinafter "CITY"), and PEEK
TRAFFIC SIGNAL MAINTENANCE, INC. (hereinafter "CONTRACTOR").
WHEREAS, the parties have executed an Agreement dated March 1; 1981, in which CITY
agrees to contract with CONTRACTOR for the performance of certain traffic signal maintenance and
repair. services: and
WHEREAS, said Agreement is attached hereto, marked "Exhibit A" and incorporated herein by
this reference; and
WHEREAS, the Agreement of March 1, 1981, provides for an annual extension, of said
Agreement for a period of one year; and
WHEREAS, CONTRACTOR has thus far satisfactorily performed the services set forth in the
Agreement dated March 1, 1981; and
WHEREAS, CONTRACTOR has offered to perform the services required in the agreement to
May 31, 2005, with a 1.8% increase in the current rate for services, except for the top for Hourly Labor
Rate Classifications (as listed in the Rate Schedule), which will be paid at the hourly rate as stipulated
by the Department of Industrial Relations.
NOW, THEREFORE, the parties agree:
1. This EXTENSION OF AGREEMENT shall be effective retroactively to June 1, 2003.
2. The AGREEMENT of March 1, 1981, is hereby extended to May 31, 2005. The existing
rates shall remain in effect until March 1, 2004, at which time the rates as listed on "Exhibit B" will
become effective.
IN WITNESS WHEREOF, the parties have executed this EXTENSION OF AGREEMENT on the
date set forth below.
CITY OF ROSEMEAD PEEK TRAFFIC SIGNAL MAINTENANCE, INC
By:
MAYOR
Dated:
ATTEST:
By:
CITY CLERK
APPROVED AS TO FORM
By:
CITY ATTORNEY
By:
PRESIDENT
Dated:
f.
The Company '-shall 1 ami on a group rclamping bnsia Tho r~;;au;min Puric,d
shall be hascd on a depletion curve, not to exceed twelve (12J) mpr;~7nB_ lamps hall
be Cencral Electric, Sylvania, Westinghouse or approved cqua➢... .
3. The replacement and/or repair of any and all defective parits Cmf the controllez
mcchanisns of any unit, or any part thereof, as may be neces _1 f6r• tal),? operation the
4. The cleaning, polishing, and inspection of all'lensem and` .reflL~9rs in each
unit at the time the signals are rclamped. All bro):cn or deteriorratTO Zioz- , will be
replaced or changed as necassary.
S. Daily visual inspections at intersections throughout the Ci;t:F 'to iimsure the
prompt replacement of burned out lamps including highway safe} llg5d:Eag„ illuminated
name signs, and repair of controller malfunctions, pedestrian pusl,bu==m, detectors,
etc., and to insure the traffic signal progression of all unils.azazziSmy. to timing
relationships determined by the City Manager.' -
G. The servicing of the signal systems, on an emergency baste- i'i, the 'ement of
malfunctions of the controller or signal system.
4. A,!SWERINC' SERVICE CALLS
The Co^,peny shall m_inta.in a 2S-'n-cur emergency service so tatu he; ; nat.. he: ,contacted
at any hour of the day or night with no es:ceptions to holift. s andi ;:;c23u ads and wil
be require-cl to answer'different types of calls, as specifiadi wLtL3,iim certain
time limits. The Company shall supply, the City D,anager and'. them 2o1ljTx chef with a
telephone number from which his radio operator may be contacteel at2-l a-M. hm„y~s, if
this telephone number is a toll number, the City will reverse, the
a) Emergency calls. h'henever the. signal is. malfunctioning Lv any,'manna , the, Comba
shall answer the call immediately, regardless of the fact that- t1B cirm4l.-D1.1cr me
have been switched to flashing operation by the Police Department- T1tree word
"Lmnediately" is construed to mean with all possible hat-a;, anal shmaj mmzt exceed
two hours. The above will also apply to any calls indi¢a,ring tim WnDLe of
danger to the notoring public caused by the signal cont7ol or. the, ]ta¢ th...reof.
Light out calls- Two separate indications will ba
rent=xxd' fo¢ aa~k, _dL_RT.ection
of traffic at all times. Ehen this number falls below or. iY an*~ =as
indicator is out, the Company shall answer the
light out zan es: sasm, as
possible, not to exceed 2 hours, day cr night. In the eaent a- Ii--hat w i
is raceived with the- rt co
report that two indicators are stiTi'. _ema+iiniicnwr„ t,+v ~Com-c
cany
shall answar t:_ call within 29 ;ours.
eI Otter -_~er9cncy s_-,-v •
ice. The services shall include, bl_t- not
t,, l: mu. g3 to, mar:
rcplacem_,-t c:: renair, including burned out laynps, lense -
liC:,t eontact5 - i il' L' ^..f o-. 'ii•150rs,
epa_rable relays, bad: plates, push
coon dinning units, interconnect units, time S%--'itches, , hL,rLjd o~.y.~rp:n„~ tr~llers, .
mss, etc.
d', 111u-inatcd strcct name sign-s. illuminated Tile street be
ssr%rice_d a:-,d r-.:a_;.tained at lccations sno',an in Appendix
a 1_ ;slurnc-Uz Z:mt aamT)
cmy ;s- S,-all be rcolaced within 72 hours, since ca,e,r.vs,,.,. r=nels _
Y s 379 weeks, panel replacements ne
sha_:_ er4aaa
G. _ j -y the
Cc-_ a-y w<,_;.r; n five
- (5) days.
EXHIBIT "A"
1'R0ROS?iL FOR TEArrIC SIGNAL MAIN17BNANCr
For. THE CITY OF ROSEMrAD, CALIFORNIA
The undersigned declares that he has examined the signal locations contained herein
and I,roposes to perform the following services for the unit prices as submitted.
1. DEFINITIONS
a). The wore "city manager,, shall mean the City manager of the City of Rosemead,
acting personally or through his duly authorized agents, each agent acting
only within the scope of authority delegated to him.
b) The word "Police Chief" shall mean the Haid of the City's Law Enforcement
Agency of the City of Rosemead, acting personally or through his duly authorized
agents, each agent acting only within the scope of authority delegated to him.
2- All'? =:O T-t OF TFE: CITY Y.ANAGSR
a) •The City Manager shall. decide any-and all questions which may arise as to the
ouality.or acceptability of ,materials furnished and work performed, and as to he
manner of performance and rate of progress of the work; all questions which arise
as to the acceptable fulfillment of the Agreement on the part of the Company;
and all questions as to claims and compensations.
b) The City Manager's decision shall be final and he shall have executive authority
to enforce and make effective such decisions and orders as-the Company fails to
carry out promptly.
c) At no tine will any changes-in timing or progression of the signals be made
except under the direct supervision of the City Manager.
3. S ~:;t'=C:s
Traffic Signals: Company shall service, maintain and overhaul, traffic signal
devices; i.e., electro mechanical and solid state type including type 170
controllers, fixed time, semi-actuated, fully actuated tra 111e .51gnals, and
at the locations set forth on !:):hibi.t "A", and at such other locations where
such devices may from tima'to time be installed within the City. All said labor,
services, materials and equipment shall be furnished and work n=_rformed and
ccmpleted, subject to the ins_oection and approval of the City, the City Manager's
Office, or inspectors or their representatives. h'hen City desires to add traffic
signal devices, to be serviced and maintained, it shall notify Company thereof
" -
-°t -0LZ __en (1+) days in advtin ee of the time such s
In service shall commence.
..__viccs to bye p_r`Or ed shall Ccnsist of c _rc'ventlve maintenance program
but not
limited to, the ~ollo.:in,- -
1- inspection cleaning and adjustment of each controller unit, nd the repair
an a
_ _____cement of any ant alldeicctive parts; such ins ecti.on, cleaning and adjustment
shall t__a place as to teach unit' « least once ner calencar month.
C) 13ighwaY safety lighting- The highway safety lights shill br serviced and m
tainc3 at location!: Sho m in Appendix "B". *Burned out lamps ano/ur ballast
be replaced v1ithin 72 hours. The lumi.naire reflector and/or refractor shall
cleaned at t)re time of lamp replacement.
f) Equipment required. The Company shall be equipped with spare parts surf-:Icier
to place the signal back in operation for ordinary trouble calls. In those
cases where a complex controller or component has to be repaired, the Company
shall be required to furnish and install a substitute controller or component
until the defective controller or component is repaired or replaced to its
original condition as originally installed. The Company after performing any
temporary emergency wort: shall have thirty (30) days in which to complete
permanent repairs. All permanent repairs shall be to the level that existed'
prior to- the need of the emergency work.
5. EX1' IORDIh'ARY 1. 4I1:TZN?a.CE
tahenever any part of the-.signal System is damaged by. collision, Acts of God, or
malicious mischief, excepting damage resulting from the negligence of the Company
while on the job, the repair of such damage r;ill'b_ paid fo
maintenance. r as extraordinary
In addition to this, the replacement of vehicle detectors, peCestria
Signal neon tubes and. trans_`oimers, emergency service calls, flourescent street na
signs, highway safety lights, or any revision work the City may request the Compan
to :perform will be paid for as extraordinary maintenace. All extraordinary mainta
will be subject to the prior approval of the City Manager. If the Company receive.
night call that requires the replacement of damaged equipment, he shall put the sir
in a temporary operating condition if damage is of a minor nature, otherwise the
Company shall, if unable to- restore-tempora_-y-operation, place the signal on flash'
Operation if possible. If the signals arc damaged to the extent that they h,ve-tn
shut down, the Company shall call the Police Chief to provide traffic control unti]
the signal can be repaired. In no case will the Company perform extraordinary me;-.
tenance without first obtaining the prior approval of the City Manager.
6. ComPE1'SATIOy
City shall pray to Compzny the sum of $42.56
Per month for each intersection
as set forth on Er.'nibit "A" for the traffic signal p
reventive maintenance __Ogram.
Company shall be entitled to a6ditions1 comp= .
_r.sation `or =>araordinz_'v maintenance.
filling for extraordinary maintenance shall include-only the following:
a) Company's invoiced m=aterial cost plus 17
pe
ar cent.
b) Company's labor costs ^_Stzblaahed as .
Per f`. "r to 'D_ rcvle'd_d nnually
Dy t..e City ts_nager. please see sc'•;edul A & 3 attached.
c) yuix:,ent rental to revised annually b the
Y City Manage!_-_
Uo3n _ecei?t o` each monthly invoice and certification by the city Manager, the Cit
ill, ._thir. thirty (30) days after receipt of such invoice, pa) . _ l y
to the Com..p=ny all
certif-aci su=s. In addition, .-he ComnanV will fLrn_sh to the City
of all ,ro_1 - a mo;lthly sum a y
\ _ _orrned within the City, ':rich the location of service, t'r.. day ~n3
apprc>:zmate tthe reason for tha sc_
;,ice, whether routine or em=ergo.^.cy, and the
7. -INSURANCE REPTJ.T rMrNTS 114 CAM: 0F' h CONTrACT
Company shall carry public liability and property damage insurance covering its
operations and obligations hereunder in an amount not less than $1,000,000 for
injuries, including. accidental death, for any one person, and subir•:•t to the same
limit for each person in an amount- not less than'.$500,000, and pro;-. ty damage
insurance in an amount not less than $100,000 per each occurrence. The Company
shall also take out and maintain during the life of this contract, Worhman's.
Comi,ensation irsurance covering all of his employees on the project, with a
company satisfactory to the City and shall furnish to the City certificates issued*
by such companies showing that all of the above mentioned insurance has been issuet
and is in full force and effect prior.to commencing wort; in accordance with this
agreement. The Company. shall be responsible for the insurance coverage- as herein
provided of all employees of said Company. Said insurance shall provide that the
same in non-cancellable except upon ten (10) days'. written notice to the City.
In case any employee engages in hazardous worlc under this contract and is not
protected under the Worl;man's Coirpensation Act, the Company shall provide or cause
to be provided, appropriate insurance for the protection of all such employees nut
o;:her:aise'protected. . The- Company shall likewise'obtain public liability and proper
damage insurance to cover vehicles used or maintained by'him in the performance of
said work connected withthis Agreement, with liability limits of not less than
$500,000 for any one person, and $500,000 for any one accident, and property damage
of $100,000.
If the Company fails to maintain such insurance, the City may obtain such insurance
to cover any damages which said City or its principals may be liable to pay through
any of the operations and deduct and-retain the amount of the premiums for such
insurance from any sums due.
Rot`,ing herein contained shall be construed as limiting in any way the extent ;.o
which the Company may be held responsible for paymant of damages to persons or grope
resulting from his operations or any operations of any subcontractors under him.
Company will he required to indemnify and hold hzi-mless City and its officers and
employees from any claims, damages or expenses, including attorney's fees and court
costs, arising out of Company's performance. The City to be named as an additional
ins_red on the Company's master Policy.
Co:^_any ,,..all not assicn this grecm^_nt or any portion hereof, k,ichont first obtaini
the ,.rift n co::ce.-,_ of City.. if such assignor-n- is made or. attempted by Company,
Cit_, at its sole opt;on, may terminate this Agreement upon the giving of a 24-hour
:•r..te.. not_cc to Comp--^y of such tc_--iination.
_-1 -,roe-cu-
-hall cxt=_r,d_d upon mutual consent of both parties.
10, '_MM UNATI0N OF CONITTtACT
Z1) In the event that any of the provi:ions of this Contract are vio].ated by
the Company, the City may terminate the contract by serving wr.:-::ten notice
upon the Company of its intention to terminate such Contract• and, unless
within ten (10) days after the serving of such notice, such violation shall
cease, the Contract shall, upon the expiration of said ten (10) clays, cease
and terminate. As to violations of the provisions of this Contract which
cannot he remedied or corrected i:.,ithin ten_(10) days, said Contra(:t shall be,
at the option of this City, ceased and terminated upon the giving of like
notice. In the e•,rent of any such termination of any of the reasons above
mentioned; the City may take over the Work grid prosecute the same to
completion by contract or otherwise for the amount and at the expense of
the Company.
b) If the Company should neglect to prosecute the work properly or fail to perform
any Provisions of contract, the City, after three (3) days' written notice to.
the Company may, without prejudice to any other remedy it may have, make goo9
such deficiencies, and may deduct the cost thereof from the payment then or
thereafter due the Company, provided, however, the City Manager of said City
shall app ove such action and certify the a-mowTt thereof to be-charged to the
Company-
11_ 2•:0T AN AGENT OF CITY
It is e)Tressly understood and agrsed that the Com?any given the Contract will be'
responsible for furnishing all labor, service, materials and equipment and
performing the work as provided for, is acting as an independent Company and not
as an agent;. servant or =Dloyee of the City of Rosemead-
12. .STATLI-i?NT OF QUI1.I1FICATIO::S
The contractor must be highly.skilled and specialized in traffic signal systems
maintenance. Maintenance wor)c should be the only business of the firm so that no
business conflict will. arise between-maintenance and construction- The contractor
must be familiar with a variety of equipment, have substantial parts inventory-
and have sufficient equipment to adequately perform the contract. This can best
be assured by demonstrable past experience in the maintenance of traffic signal
syster.:s si-filar to Rose-ead's- A positive answer to the following question should
assure the- t)]is minimum r=ouirement is met:
Y.as your firm been engaged for at least three years solely in the
maintena:nCe of rafl"iC signal cystems in at least one juzisdictlQn
t:1th e_-'al or greater numbers Of signal. installations than Rosemead?
7u'?s"'!cr: Yes X NO
a%'•s:`er is `_'es, Please list- the follO ing:
Dial nu:uer n years' experience: Fighce'_n (18)
Jura_.ziction Served No. of }ir•e,]. No. of. Actuated ho. Of Years Contract
Tune SiynZls Signals with this jurisdiction
has been hold
]Monterey par), 11 27. 1B Years
Montebello 22 35
_ 16 Years
Covina• 7 22
16 Years
13. TOTAL BID PPICo FOR ORDINAP,Y a2IYRTiiTA19CE SHALL B--:
a) Traffic signals, 37. at $42.88
Per intersection, Per month, for a
total of $1,372.16 per month, as of the. bid date.
b) Safety lighti::g luminaires, at N/A
aer luminaire, per month,
for a .total of N /p per nonth as of the bid date.
c) Total per month (a and b) above 1.T/A
d) Total Per hour labor for extraordinary naintenance, as of the bid date (Please
see schedule A & B attached).
Si gn ed
• / wry? ..:rte ~.,~Gv-
. Anaheim, ca. :92806
Date Februar
iOB
EXHIBIT B
Signal Maintenance, Inc.
Proposed Rate Schedule
Effective Until May 31, 2005
Intersection rate per intersection per month
Hourly Labor Rates
Operations Superintendent
Engineer Technician
Signal Maintenance Technician
Lead Man
Lab Technician
$48.92
Straight time Overtime
$75.00
$75.00
$74.00
$111.00
$74.00
$111.00
$74.00
$111.00
$33.42
$50.13
Hourly Equipment Rates
Pickup Truck
Service Truck
Bucket Truck
Paint Rig Truck
Compressor w/tools
Water Truck
Concrete Saw
Rate/Trip
$15.33
$15.33
$108.02
$108.02
$168.39/Day
$69.10
$69.10
Note: Any equipment used, but not on the above schedule will be charged at the local prevailing rental rate.
02/18/2004 15:18 7145633178 SIGNAL MAINTENANCE PAGE 02/03
SIGNAL MAINTENANCE INC
S,
2283 Via Burton
Anaheim CA 92806
Telephone, 714-563-4000
Facsimile, 714-563-3178
February 10, 2004
Ken Rukavina
CITY OF ROSEMEAD
8838 East Valley Blvd_
Rosemead, CA 91770
RE: Proposed New Rate Schedule for Traffic Signal Maintenance 2004
Mr. Rukavina.
License #679111
Pursuant to your request, please find attached the purposed price schedule for 2004 fiscal year contract
period. Please note that it is the department of industrial relations current position that prevailing wage is
required for this work and therefore the hourly rates have been adjusted accordingly. Additionally, SMI is
requesting that the remaining Maintenance costs be adjusted for the one-year extension by 2.6% to
match that of the latest Consumer Price Index.
Signal Maintenance, Inc. as you know has been the ongoing contractor for traffic signal maintenance and
we look forward to a continued working relationship with the City of Rosemead.
Respectfully,
Signal Maintenance, Inc.
Rodney Mathis
Vice President & General Manager
Enclosure
Public Data Query
Page 1 of I
11
U.S. Department of Labor
Bureau of Labor Statistics 05 Mill
Bureau of Labor Statistics Data
WWW.b1s.9ov[] search i A-Z Index
BLS Home i Programs & Surveys Get Detailed Statistics i Glossary I What's New i Find It! In DOL
Change Output From: 2002 1,w To: 2003 F
Options:
O include graphs NEW! More Formattin Options molp-
D.M extracted on: February 2, 2004 (8:32:27 PM)
Consumer Price Index - All Urban Consumers
Series Id:
CUURA421SA0
Not Seasonally Adjusted
Area:
Los Angeles-Rivers
ide-Orange
County, CA
Item:
All items
Base Period: 1982-84=100
Year
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
Annual
HALF1
HALF2
2002
178.9
180.1
181.1
182.2
182.6
181.9
182.2
183.0
183.4
183.7
184.0
183.7
182.2
181.1
183.3
2003
18 5.2
18 6.5
18 8.2
187.6
18 6.4
186.3
18 6.3
186.9
188.2
187.8
18 7.1
187.0
187.0
186.7
187.2
12 Months Percent Change
Series Id:
CUURA421SAO
Not Seasonall
y Adjusted
Area:.
Los Angeles-Riv
erside-Orange County, CA
Item:
All items
Base Period:
1982-84=100
Year
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
Annual
HALF1
HALF2
2002
2.7
2.7
2.8
3.2
2.9
1.7
2.2
2.6
2.6
3.0
3.3
3.7
2.8
2.6
2.9
2003
3.5
3.6
3.9
3.0
2.1
2.4 1
2.31
2.1
2.6
2.2
1.7
1.8
2.6
3.1
2.1
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SLATE OF CALIFORNIA GRAY DAVIS. GOVERNOR
-
DEPARTMENT OF INDUSTRIAL RELATIONS
OFFICE OF THE DIRECTOR
655 Gala Gate Avenue, T" Floor
San Franaem. CA W102
µt51 7053050
August 30, 2002
Thomas W. Kovacich, Esq.
Atkinson, Andelson, Loya, Ruud.& Romo
17871 Park Plaza Drive, Suite 200
Cerritos, CA 90703-8597
Re: Public Works Case No. 96-004 (This determination supercedes and
Traffic Signal Maintenance replaces Public Works Case No. 96-
Sonoma County 004, Traffic Signal Maintenance,
June 3, 1996)
Dear Mr. Kovacich:
This letter constitutes the determination, of. the Director of the
Department of Industrial Relations regarding coverage of the above-
named work under the public works laws and is made pursuant to
Title 8, California Code of Regulations ("CCR"), section 16001(a).
Based upon my review of the documents submitted and the applicable
laws and regulations pertaining to public works, it is my
determination that the various aspects of traffic signal work are a
public work within the meaning of the Labor Code.
In your April 30, 2002 letter, you requested a reconsideration of
Precedential Public Works Case No. 96-004, Traffic Signal
Maintenance (June 3, 1996) ("Determination") and a clarification of
certain aspects of traffic signal work. Your letter attached an
agreement entered into by the City of Sonoma for what you term
"traffic signal service" at traffic signal intersections throughout
the City's jurisdiction. While you acknowledge that the
Determination renders certain aspects of traffic signal work to be
maintenance and repai' subject to prevailing wage obligations, you
argue that a portion of the work is exempt from the definition of
maintenance under the janitorial and custodial exception to
maintenance under 8 CCR section 16000. Specifically, you contend
that the following work is janitorial or custodial in nature
because it consists primarily of routine cleaning and visual
inspection:
1. Opening the controller cabinet and vacuuming and dusting the
unit;
1 You correctly note that the Determination would denominate as "maintenance" or
"repair" the changing of a bulb and work relating to the controller, the
installation of new wire conduit, troubleshooting field wire problems, repairing
damaged conduit and other general maintenance work on the traffic signals.
548
Letter to Thomas W. Kovacich, Esq.
Re: Public Works Case No. 96-004
Page 2
2. Checking the functions of the control equipment and timing;
visually checking all signal displays to confirm they are
functioning; visually checking the intersection lights to
see that they work properly; walking in the intersection to
make sure the signal displays are functioning properly;
checking the pedestrian push buttons to ensure proper
function;
3. Reviewing timing charts in controller cabinet to confirm
that timing frequencies are met;
4. Checking the four to six volt street loops, which set up a
magnetic field that. sends a low voltage signal to the
controller when a vehicle disturbs it.
After the above work is performed on a traffic signal, the worker
signs a chart confirming the inspection. A screwdriver is used to
open the controller cabinet, and a hand-held vacuum and broom are
used to vacuum and dust the unit. The contractor performing the
work is.paid a monthly fee of approximately $95 .per intersection.
The Determination held that the traffic signal maintenance of the
kind described in' the Requests for proposal by the cities of
Banning and Corona constitutes public work for which prevailing
wages must be paid. The determination described the work:
The work includes inspecting, cleaning and resetting
controllers pursuant to city specifications. Persons
assigned to this work may be required. to set timers,
reprogram microprocessors or repair a bad connection in
the traffic signal. They perform monthly maintenance,
check the operation of the equipment by using the push
buttons, check the bulbs, look for open wires, perform
necessary repairs, and verify the proper functions of
the controller and control program with a laptop
computer.
Labor Code section 1771 requires the payment of general prevailing
wage rates for maintenance work done under contract for a public
agency by persons other than the public agency's own employees.
The only statutory exception is for projects costing one thousanc
dollars or less.
549
Letter to Thomas W. Kovacich, Esq.
Re: Public Works Case No. 96-004
Page 3
8 CCR section 16000, defines "maintenance," in relevant part, as
including:
(1) Routine, recurring and usual work for the preservation,
protection and keeping of any publicly owned or publicly
operated facility (plant, building, structure, ground
facility, utility system or any real property) for its
intended purposes in. a safe and continually usable
condition for which it has been designed, improved,
constructed, altered or repaired...
(2) Carpentry, electrical, plumbing, glazing, touchup
painting and other, craft work designed to preserve the
publicly owned or operated facility in a safe, efficient
and continuously usable condition for which it was
intended, including repairs, cleaning and other
operations on machinery and other equipment permanently
attached to the building or realty as fixtures.
EXCEPTION: 1: Janitorial or custodial services of a routine,
recurring or usual nature is excluded.
In requesting reconsideration, you state that the Determination was
based on incomplete information. A review of the work described in
the Determination, however, reveals that the particular work for
which you seek an exemption was in fact referenced therein.
Specifically, as noted above, the Determination lists as
"maintenance" the inspecting and cleaning of. the traffic signal
controllers. The visual inspection and routine cleaning work that
you seek to be exempted falls within the definition of maintenance
under 8 CCR 16000(1) because the work is a component of the
routine, recurring and usual work for the preservation, protection
and keeping of the traffic signals, which are publicly owned and
operated facilities and/or structures, for their intended purpose
in a safe and continually usable condition for which they have been
designed.
You argue that, because the contracting parties agree to pay a
lower contract rate for the above-described work, this work should
be excluded from the definition of maintenance. However, those
differing contract prices do riot alter tasks involved or the
purpose these tasks serve.
550
Letter to Thomas W. Kovacich, Esq.
Re: Public Works Case No. 96-004
Page 4
To the extent you rely on Public Works Coverage Determination No.
95-020, County of Nevada, Contract for Snow Removal Services
(November 7, 1995), please note that this determination has not
been designated precedential under my authority to issue
precedential public works coverage determinations. As such, it has
no force and effect and may not be relied upon in support of
arguments concerning the public 'works status of a project or type
of work. Further, I specifically reject the reasoning in that
determination.
For the foregoing reasons, the work described above is subject to
the prevailing wage requirements of the Labor Code.
Sincerely,
n, bt,
Chuck Cake
Acting Director
5 5l