Laserfiche WebLink
<br />therefore a structural engineer must assess the situation before any repair work can be <br />attempted. After the old liner is removed, an engineer specializing in surface preparation <br />must perform a quality control inspection for surface conditions. And, after the liner is <br />installed, a quality control inspection must be performed again by the same engineer. <br />Because of these special tasks Replacement of the liner is not Routine, Recurring and <br />usual work, therefore cannot be classified as Maintenance Work. This work falls under <br />PCC 22002 (c) (1) Construction, reconstruction, erection, alteration, renovation, <br />improvement, demolition, and repair work involving any publicly owned, leased, or <br />operated facility. <br /> <br />Example two: 5 Mega Watt backup generator to power up your administration building <br />in case of power failure. The diesel engine and the electrical generator are maintained <br />periodically on a routine and recurring basis. This is a typical maintenance. However, <br />after 20 to 30 years of useful life of generator, the entire unit will need to be replaced. <br />Now there is no direct replacement available because the technology has changed. You <br />may have to change the mounting, installation and electrical wiring to accommodate <br />new technology. Now you are changing part of the building and this task requires <br />special attention to the structure of the generator room. The replacement of the entire <br />unit is not Routine, Recurring and usual work. Because of these special tasks, this work <br />falls under PCC 22002 (c) (1) Construction, reconstruction, erection, alteration, <br />renovation, improvement, demolition, and repair work involving any publicly owned, <br />leased, or operated facility. <br /> <br />VII. Can ANY PUBLIC AGENCY define Public Works as a Maintenance Project <br />and not impose prevailing wage requirements? <br /> <br />"The conditions of employment on construction projects financed in whole or in part by <br />public funds are governed by the prevailing wage law." (55 1720- 1861.) 4 Cal.Rptr.2d <br />837. <br /> <br />Any time ANY PUBLIC AGENCY awards any maintenance contract, we must ask <br />ourselves: <br /> <br />a. Does the prevailing wage law apply only when the contractor agrees to comply with it <br />as part of the contract, or does the obligation to pay prevailing wages have an <br />independent statutory basis? 4 Cal.Rptr.2d 837 <br /> <br />b. Is the Director (of Industrial Relations) statutorily authorized to make the <br />administrative determination that a contract for the construction of a public improvement <br />is one for a public work? If so, does the making of such a determination constitute an <br />adjudication, so that procedural due process protections are required? 4 Cal. Rptr.2d <br />837 <br /> <br />c. Does the doctrine of equitable estoppel preclude any determination that in this case <br />the contractor is bound by the prevailing wage law? 4 Cal.Rptr.2d 837 <br />