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STATE OF CALIFORNIA EDMUND G. BROWN JR., …

Mar 24, 2017 · STATE OF CALIFORNIA EDMUND G. BROWN JR., Governor DEPARTMENT OF INDUSTRIAL RELATIONS Christine Baker, Director Office of the Director 1515 Clay Street ...

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Text of STATE OF CALIFORNIA EDMUND G. BROWN JR., …

STATE OF CALIFORNIA EDMUND G. BROWN JR., Governor DEPARTMENT OF INDUSTRIAL RELATIONS Christine Baker, Director Office of the Director 1515 Clay Street, 17th Floor Oakland, CA 94612 Tel: (510) 286-7087 Fax: (510) 622-3265 March 24, 2017 H. Bardie Scarborough Granite Construction Company Box 50085 Watsonville, CA 95077 Re: Public Works Case No. 2016-017 Highway 99 Realignment Project: Off-Hauling of Clean Soil and Asphalt Grindings California Department of Transportation Dear Mr. Scarborough: This constitutes the determination of the Director of Industrial Relations regarding coverage of the above-referenced project under California s prevailing wage laws and is made pursuant to Labor Code section and California Code of Regulations, title 8, section 16001, subdivision (a). Based on my review of the facts of this case and an analysis of the applicable law, it is my determination that the off-hauling of asphalt grindings and clean soil from the Highway 99 Realignment Project to outside locations is a public work subject to California prevailing wage requirements. Facts On December 4, 2015 and July 25, 2016, the California Department of Transportation (Caltrans) and Granite Construction Company (Granite) entered into two contracts representing two phases of construction: Contract 06-2HT114, the early release construction package, and Contract 06-2HT104, the main construction package (Contracts), respectively. The Contracts call for realignment of Highway 99 through the City of Fresno from miles north of Ashlan Avenue to miles north of Olive Avenue (Realignment Project). The main construction package is valued at $127,651,406, and the early release construction package, is valued at $26,587,424. Discussion Section 1720, subdivision (a)(1) defines public works as [c]onstruction, alteration, demolition, installation, or repair work done under contract, and paid for in whole or in part out of public funds. All workers employed on public works projects must be paid at least the prevailing wage rates applicable to their work. ( 1771.) 1 All further statutory references are to the Labor Code unless otherwise indicated.

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