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HomeMy WebLinkAbout1994-004 1 RESOLUTION NO. 94-4 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO EASTLAND CONSTRUCTION, INC. FOR INSTALLATION OF 3 GUARDRAIL ON ALABAMA AVENUE AT CITY CREEK. 4 5 6 7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Eastland Construction, Inc. is the lowest responsible bidder for: Installation of Guardrail on Alabama at City Creek, per Plan No. 9004. A contract is awarded accordingly 8 to said bidder for the total amount of $109,942.50, but such 9 award shall be effective only upon the contract being fully 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 executed by both parties. All other bids, therefore, are hereby rejected. The Mayor is hereby authorized and directed to execute said contract on behalf of the City; a copy of the contract is on file in the office of the City Clerk and incorporated herein by reference as fully as though set forth at length. SECTION 2. This contract and any amendment or modifica- tions thereto shall not take effect or become operative until fully signed and executed by the parties and no party shall be obligated hereunder until the time of such full execution. No waivers modifications amendments, are or oral agreements, intended or authorized and shall not be implied from any act or course of conduct of any party. SECTION 3. This resolution is rescinded if the parties to the contract fail to execute it within sixty (60) days of the passage of this resolution. / / / / / / / / / / / / 12-20-93 RESO: AWARDING CONTRACT TO EASTLAND CONSTRUCTION, INC. FOR INSTALLATION OF GUARDRAIL ON ALABAMA AVENUE AT CITY CREEK. 94-4 1 I HEREBY CERTIFY that the foregoing resolution was duly 2 adopted by the Mayor and Cornmon Council of the City of San adjourned 3 Bernardino at a reqular meeting thereof, held on the 4 10th day of January 5 Council Members: 6 NEGRETE 7 CURLIN 8 HERNANDEZ 9 OBERHELMAN 10 DEVLIN 11 POPE-LUDLAM , 1994, by the following vote, to-wit: AYES NAYS ABSTAIN ABSENT x x -- x ....K_ x x 12 MILLER 13 14 15 16 day of 17 18 x -~~~ Rach Clark, City Clerk The foregoing resolution is hereby approved this '. '\.+."''"'" ,,--,\\.. Januarv , 1994. Approved as to form 20 and legal content: 19 /7fJ.--;i' )i({(-{.~ Tom Minor, Mayor Ci ty of San Bernardino 21 James F. Penman City Attorney 22 23 By cLtc~ t /u): ~1,',-,r' (1~";"-_L/V,<.1 / J/:' 24 25 26 27 28 - 2 - ORfGfN PrL --: -- -''''. .j FILE NO. 1.310 W.O. NO. 1895 ~. 9~-?j A1J: 1-ltJ -9'0/ CITY OF SAN BERNARDINO STATE OF CALIFORNIA r , CONTRACT DOCUMEHTS PLANS AND SPECIAL PROVISIONS NO. 9004 FOR IMPROVEMENTS ON ALABAMA STREET AT CITY CREEK FEDERAL AID PROJECT NO. STPLNH-5033(007) ~ L r DIVISION OF ENGINEERING DEPARTMENT OF PUBLIC WORKS CITY OF SAN BERNARDINO SEPTEMBER, 1993 BIDS WILL BE RECEIVED UP TO THE HOUR OF 2:00 P.M. ON DECEMBER 7 , 1993 t3x!ltfJrr I'A" I I I I I I I I I I I I I I I I I I I 94 NOTICE INVITING BIDS 4 NOTICE IS HEREBY GIVEN that the City of San Bernardi no wi 11 receive bids or proposals for: IMPROVEMENTS ON ALABAMA STREET AT CITY CREEK Deliver all bids to the City Engineer's Office, 3rd Floor, City Hall, 300 North "0" Street, San Bernardino, California, with the Specification title and number clearly marked on the outside of the envelope. Said bids or proposals will be received up to the hour of 2:00 p.m., December 7 , 1993, at which time all of said bids or proposals wlll be publicly opened, examined and declared in the City Engineer's Conference Room, 3rd Floor, City Hall. No bi d wi 11 be recei ved un 1 ess it is made on a proposal form furnished by the City. All bids or proposals shall be signed, sealed and accompanied by cash, cashier's check or bid bond made payab1 e to the Ci ty of San Bernardi no, in the amount of ten percent (10%) of the bid. Such cash, check or bond shall be given as a guarantee that the bidder will enter into the contract, if awarded to him. In the event the bidder refuses to execute said contract, the use by the pub1 ic of the improvements will be del ayed, and the pub1 i c wi 11 suffer great damage. From the nature of the case, it would be extremely difficult and impractical to fix said amount of damages. Therefore, the City and the bidder agree that the above sum of 10% shall be paid to the City upon the condition above set forth as liquidated damages and not as a forfei ture. All bonds furni shed pursuant to thi s noti ce must be underwri tten by a surety company havi ng a rati ng in Best's most recent Insurance Guide of "A" or better. The Contractor may substi tute securi ti es for any moni es wi thhe1 d by the Agency to ensure performance under the contract as provided for in Sections 10263 and 22300 of the California Public Contract Code. The City of San Bernardino reserves the right to reject any and all bids. It shall be mandatory upon the Contractor to whom the contract is awarded and upon any subcontractor under him to pay not less than said specific rates to all laborers, workmen, and to prevent discrimination in the employment of persons because of race, creed, color or national origin, as set forth in the provisions of Reso1 uti on No. 90-358 of the Mayor and Common Council of the City of San Bernardino. I I I I I I I I I I I I I I I I I I I 94 4 MINIMUM AND PREVAILING WAGES: Minimum wage rates for this project, as predetermi ned by the Secretary of Labor, are set forth 1n the Special Provisions. If there is a difference between these predetermined minimum wage rates and the prevailing wage rates determined by the State for similar classifications of labor, the Contractor and his Subcontractor shall pay not less than the higher wage rate. Plans and Specifications may be obtained from the City Engineer's Office, Third Floor, City Hall, 300 North "D" Street, San Bernardino, Cal iforni a 92418, upon a non-refundabl e payment of $15.00 for each set. The Contractor shall possess a CLASS "A" LICENSE- at the time the contract is awarded. A contract wi 11 be awarded at the next regular meeting of the Mayor and Common Council after the bids are opened. A Pre-Bid Meeting will be held on-..November 30.HH, 1993, at 10:00 A.M., at the office of the Director of Public Works/City Engineer, City Hall, Third Floor, 300 North "D" Street, San Bernardi no, CA 92418. Thi s meeti ng is to inform DBs of sub- contracting and material supply opportunities. Bidder's attendance at this meeting is a prerequisite for demonstrating reasonable effort to obtain DB participation; however, if the DB goal is met or DB participation is obtained, attendance is not required. "The improvement contemplated in the performance of this contract is a Federal-Aid improvement over which the State of California shall exercise general supervision. The State of California therefore shall have the right to assume full and direct control over thi s contract whenever the State of California, at its sole discretion, shall determine that its responsibility to the United States so requires. In such cases, the State Contract Act will govern." CITY OF SAN BERNARDINO NOTICE TO ADVER II::,t SPECIFICATION NO.__.~Q.04 _"."m"'_ ,HALL APPEAR IN FIRST ISSUE NOT LATER THAN; DA TL....m...l!_:J.Q_-:.~.L~....n:J.?.:.~.~.".. SECOND PUBLICATION FIVE DAYS LATER S1GNAlURI' I'4T1:' ..H~~~C{~..K. ~~~~~ j7 0/""4 q I I I I I I I I I I I I I I I I I I I 94 4 PROPOSAL FORM TO THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO The undersigned declares that he has carefully examined the location of the proposed work, that he has examined the Plan and read the accompanying instructions to bi dders and hereby proposes to furni sh any and all required labor, materials, transportation and service for the IMPROVEMENTS ON ALABAMA STREET AT CITY CREEK in strict conformity with Plans and Special Provisions No. 9004. , City of San Bernardi no, Department of Public Works, and also in accordance with Standard Specifications, and Standard Plans, State of Cal i forni a, Department of Transportati on, dated July, 1992, and he proposes and agrees if thi s proposal is accepted, that he wi 11 contract wi th the City of San Bernardi no, in the form of the copy of the contract annexed hereto, to provide all necessary machinery, tools, apparatus and other means of construction, and to do all the work and furnish all the materials specified in the contract, in the manner and time therein prescribed, and that he will take in full payment therefor the uni t pri ces or 1 ump sum pri ces shown on the BID SCHEDULE. I I I I I I I 2. I I 3. I I 4. I I 5. I I I I I I ITEM 1. 94 4 QUANTITY UNIT 1 L . S . BID SCHEDULE P LAN NO. 9004 DESCRIPTION OF ITEMS WITH UNIT PRICE WRITTEN IN WORDS UNIT PRICE TOTAL L.S. t 5oo0~ / 1 L. S. Clearing and Grubbing at tq~ S~f ~.. t - . //i 1. -...... L. s. lis-ctJrJ i& / 1 L. S. (Ap~x. 1,900 Cu. Yds.) ~Emb~nkmen~ ;Urn A: ~-~ / . ~ L. S. ?;?~ OC>O ~ 61.1 CU. YD. per CU. YD. ,/p 00 #. 00 fr3<(O - ';29 ?)CI - 210 CU. YD. Slope 1:% ~/. QfL :>~~ / per CU. YD. 6. 355 LIN. FT. Metal Beam Guard R_ili g w~,~OOd Post at 'ffiAZ;, J ",",s .. . per LI N. FT. 6.: 0<) 50/r tI 0(/ /0 j o;,(} I I I I I 7. I I I 8. I I 9. I I I I I I I I I I ITEM 10. 11. 12. 94 4 QUANTITY UNIT 2 EACH 2 EACH 4 EACH 2 EACH 85.25 UN. FT. 62.50 UN. FT. BID SCHEDULE PLAN NO. 9004 DESCRIPTION OF ITEMS WITH UNIT PRICE WRITTEN IN WORDS Cable Anchor Assembly, (Brea~awa;L/V")' at _ ~ . :z+. ..-rlJ.Av.. per EACH Cable Anchor Assembly, (Break~way Iype/' B"), ~ t ~ ~AH k#nj Y..of'PAA.A 7:.. :.:.... per EACH Termipal ;pn2~)prs-a _ .54'~.'fl' . per EACH ~~rm{;:j2;~:(~iC'" per EACH Chain at per UN. FT. Cha~Lin~iling at ~ .. ~iJ.~ / 'l per UN. FT. UNIT PRICE TOTAL ~ ~~ (;WO~ tL7r7)~::.. d c;ut/....., li1n/"- / ~$l)~ % r fJo/ 13~~ ~ SC;o/ d.,c ~ ()prJ OJ<. / $';J "0 /- &0 - F 'I ~ en"'}' I ~tjY 'I':s '> 7)"" ~r I I I I I I I 114. 1 I 1 1 1 1 1 I 1 NOTE: 1 1 1 94 4 BID SCHEDULE PLAN NO. 9004 DESCRIPTION OF ITEMS WITH UNIT ITEM QUANTITY UNIT UNIT PRICE WRITTEN IN WORDS PRICE TOTAL 13. 86.30 LI N. FT. Concrete B~~, Type 25. .. t 8 (; JO 0.5:. at C).-M-' ~ j -/.11-. //JDd!:- / per UN. FT. 350 UN. FT. Construct Temporary Chain Link Construction Fence at Mp it- . ,LIt"... : i; B Z- - 2) 'tdO @ per UN. FT. TOTAL $ ;7/1) 7 tf2 rE, , / The unit price must be written in words and also shown in figures. The total price must be extended for each item of work and the total of all items inserted in the space provided. I I I Name & Address Under Which Subcontractor Li censed I I 94 !hvDt~oo,{ . aI/51 fo , J J,3/'i iJ, u_J-J. ? T Is AN 8&t1'M.1W,j 0 CA 0)..'-110 I A~Ce>M. f~((, f3,;.y 3-~ 7q . I ~1ji'IIMhJLtf' : ft:,~~ I I I I - --- I H I I I I 4 Li cense Number '-It(Of.RLf 1- ;ZV1'fif 1,,(11 j) 13 LIST OF SUBCONTRACTORS Contractor 1. D. Number Sub-Contract Amount Sj, l~ffD- . , ;%,/ J o~ I ,2-L/-'t . I 'df --1~~5 , / Specific Description Sub-contract ~zrr~ 4/3'"2q'l:J - MJ3E .- d/~1::ciT/e . -AI- . _4:12-- ?a",7"A'i'f~ --/.#/3. I I , I I I I I I I I I I I I I I I I I I I 94 4 In case of a di screpancy between words and fi gures, the words shall prevai 1. It is the understandi ng of the undersi gned that the work Rereinabove described shall be commenced and completed as directed in Section 4, "Beginning of Work. Time of Completion and Liquidated Damages", of these Special Provisions. The undersigned further agrees that in case of default in executing the contract, or furnishing necessary bonds, all within the specified time, the proceeds of the Bidder's Guaranty accompanying this proposal shall be paid to the City of San Bernardino as liquidated damages. FIRM NAME: ~N"'if[J<::rtc..j ~e. BUSINESS ADDRESS: LICENSE NO. Gz... SIGNATURE OF BIDDERS: c;:J.- '1/2- If an individual. so state. a firm or co-partnership, state the firm name and give the names of all individuals, co- partners composing the firm. If a corporation, state legal name of the corporation, also the names of the president, secretary, treasurer and manager thereof. tA-sTLANtl ~NST$()e.17uK Jr{e, Crl'fl/SfOpt1Et- Q I 'bEAN \ l P;eES ~ee l~ t I)f JI+/ (qtJ?) 15 8/1- (;j;Z Cp (( ( ( Telephone No. Dated: rZ/7 I , 1993 BIDDERS ACKNOWLEDGEMENT OF ADDENDUMS: ADDENDUM NO. 1 ADDENDUM NO.2 ADDENDUM NO. 3 DATE: DATE: DATE: (. . . . . . . . . I . . I I I . , . . 94 4 LolII>yia& c..-'<I Certification for Federal Aid Contracts The prospective participant cenifies. by signing and submitting this bid or proposal. to the best of his or her lcnowledge and belief. that: (I) No Federal appropriated funds have been paid or will be paid. by or on behalf of the undersigned. to any person for influencing or anempting 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 Federa1loan. the enlCring inlO of any cooperative agreement. and the extension. continuation. renewal. amendment. or modification of any Federal contraCt. grant, loan. or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid lO any person for influencing or atlCmpting lO 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 Federa1 conaact. gnat. loan. or !=OOperative agreement. the undersigned sha1l complelC and submit Standard Form-LLL. "Disclosure of Lobbying Activities: in accordance with its inslnlClions. This certification is a material represemalion of fact upon which reliance was placed when this lI'lIIIS&Ction was made or eDlCred inlO. Submission of this certifil:ation is a prerequisilC for making or el'lsing inlO this uansaction imposed by Section 1352. Title 31. U.S. Code. Any person who fails lO me the required certification shall be. subject lO a civil penalty of Dot less than 510.000 and not more than 5100.000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that be or she sha1l tequire that the language of this certification be included in all lower tier subcolllraClS. which exceed 5100.000 and that all such subrecipients shall certify and disclose accordingly. (1) 1. Type of Feclerll Action: 2- SIItUl crI Feclerel ActIon: So Report Type: !Xl L_ [A] .. bO'olfer/~icCion I A I ~:..,.".. ..~ b. ........-d I:. _ C1JUW~-M..jQlIiI,1 C. pall~ For Mlterlll Chlnge Only: d._ I- ,...__ - --- l.lOIlrllftll.Al"lC>> _Glial"""" 4. Nam. Ind Adr... of R.portlng entity: 5. If R.portlng entity In No. 4 II SublWlrd... Enter iJ Prim. D Sublward.. -U<"'Ji17' . Tier _' if known EA'5~b CO(\iS,(Jc,!i/'f :TrI"/ p,O I?O'f.. iJ?>O i '5,Ar(\i I:;H~iA~D II~ o{ C'./\ '1).>1/1-- Congr...lonll District, if /ulOwn: Congreellonll District, if known: 6. FederIIDeparunenVAg.ncy: 7. Fed.rll Program NamalDaacrlptlon: /JuNG j;,'IIf/!.G MeN rs ~N"+(..4B.4/1'1f .-"tl6GI .A-T C ir. C{itiGK CFDA Num r, if app/~ .. Federll Action Number, if known: I. AWlrd Amount, if known: rJo N ~ s iV/A 10- I. Nama Ind Addr... of Lobbytng entity b. Indlvldul" pertorml~ Servlcel (including addre" if (if individual. I.t mun., first mun.. MI): diffarant from No. lOa liD Nt (Iul name. first narM. MI): - , (lI.ftlldt Continuation Shllt(S) If n_ssaIY, 11. Amount crI Plyment (check all that ~): 13- Typ. of Plyment (r:hedc all tIIat apply) s D Ictull D pllnned ~ .. ratainIr b. _lima'" 12- Form of Plyment (check all thlt apply): c. commiuiDn B II.. cash II. _tingant'" b. in-kind; spac:iIy: natura ..~ valu. f. olhlr. .pacify: -- 14. Brief Description of Servlcee Pertormed or to be p.rformed Ind Datl{s) of Service, including offlcer(I), -,..,...., M -.....t.) ~.jl... ...........- "... '" , CJI'/c (lI.ftll.ch Continuation Sheet(s) if necessary) 15. Continultion Sh..t(l) Ittached: DVM \::a No / )7~ /J //J 16. ...ftMUon,...... ........ ..,_......... ., 'mil 11 u.a.c. Signature: ( /1'1. \ f J~.t/ N"f_ SlIdon 1111. 1Na chcI.... of.....,.,. ~.......... ~ u. 'fJF.4 ;/ ............ of tact "'*' wNctl rei.... -- pi.... Dr .. - ........ Print Nlme:Ctft,-:,lOpi/E;i. .... w..-.cfOft ... ..... OI........,... 1NI ..1IId.... .......... ..... ........ I. 31 U.s.c.,~ ThMInIOftMI...................... e...- Tltla: PtZ~<;' ..............., .... .... .. ........ .. .....c '"...non. ....,........... IW&I I. "Ie I'll ~ ca.ao...n en.. .. IUtl6KI- . a" JMMftY ..... Telephone No.(2!t) f('L( - ') I)?t.., Dlt.: /(f;/<;-.s? .... ".... "D,IIII).......1Mft tMn "oo.CIII tor NCft 1UCft........ , Fad.rll Uu Only: - , AlAl'IOnz.slorl.ocalRlIPlOOyCIOI\ StanOMl r=otm . UJ. I I. I I I I I I I I( I I I I I I - . I I 4 DISCLOSURE OF LOBBYING ACT1VmES Compllll this form to discloll lobbying IctIvitlas pursuant to 31 U.s.C. 1312 94 S1andMI ~ UJ. Rev. QI-06.IQ ( 2) "1 I I I I I I I I I I I I I I I ~ I I 94 4 INSTRUCTIONS FOR COMPLETION OF SP.LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disClosIIIe form sbIll be complell:d by the leporting entity, whether subaWlldee or prime Federal recipielll, at the initiltioll or receipt :;f covered Federa1action or a material change lO previous filing pursuant lO title 31 U.S.C. sectiOll1352. The tiling of a form is required for such payment or agreement lO make payment to lobbying entity for influencing or aaempting lO influence an officer or employee of any agency. a Member of Congress an officer or employee of Congress or an employee of I Member of Congress in connection with a covered Federal action. Attach I continuation sheet for additional information if the space on the form is inadequalC. CompleIC all ilCms that apply for both the initial filing and malCrial change report. Refer lO the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is ancllor has been secured to influence. the outCOme of a covered Federal action. 2. Identify the statUS of the covered Federal action. 3. Identify the approprialC classification of this ~porL If this is a foUowup report caused by a material change to the information previously reported. enter the year and quarlCf in which the change occurred. Enter the date of the last. previously submitted repon by this reporting entity for this covered Federal action. 4. Enter the full name. address. city. stalC and zip code of the reporting entity. Include Congressional District if known. Cbeck the approprialC classification of the reponing entity that designalCS if it is or expects lO be a prime or subaward recipient. Identify the tier of the subawardee. e.g..the first subawardee of the prime is the fust tier. Subawards include but are not limited to subconaacts. subgrants and contraCt awards under grants. S. If the organization filing the repon in IlCm 4 checks .Subawardee. then enlCr the full name. address. city. state and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enler the name of the Federal agency making the award or loan commitment. Include at least one organization level below ~ency name. if known. For example. Department of Transportation. United StaleS Coast Guard. 7. Enler the Federa1 program name or description for the covered FederallCtion (item 1). If known. enter the full Catalog of Federal Domestic ,.<ci<tal\ce (CFDA) number for grants. cooperative agreements.IOl8S and loan commitments. 8. Enter the most appropriate Feder.Il idemifying number l~ailab1e for the Federal action identification in item 1 (e.g., Request for Proposal (RFP) number. InviWion for Bid (lFB) number. pant announcement number. the conaact grant. or loin Iward number. tile appliCltion/proposal conaol number assigned by the Feder.Il agency). Include prefixes. e.g., "RFP-DE.9O.()()1: 9. For a covered Federal actiaI where there has been an &WlIrd or loan commitment by the Federal agency. enter tile Federal amount of the 1WII'dI10111 commitmelllS lor the prime entity identified in item 4 or S. 10. (I) Enler the full name. address. city. state and zip code of the lobbying entity enplled by the reporting entity identified in item 4 lO influenced the covered FedeIallCtion. (b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enler Last Name. First Name and Middle lnitia1 (Ml). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) lO the lobbying entity (item 10). IndicalC whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a ma:erial change report. enter the cumulative amount of payment made or planned lO be made. 12. Cbeck the approprialC box(es). Check all boxes that apply. If payment is made through an in-kind contribution. specify the nature and value of the in-kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If oths. specify nature. 14. Provide a specific and detailed description of the services that the lobbyist bas performed rz will be expected lO perform and the date(s) of any services rendered. Include all preparalOry and related activity not just time spent in actual contact with Federal officials. Identify the Federal officer(s) or employee(S) contacted or the off'u:er{s) employee(s) or Membm(s) of Congress that were contacted. IS. Check whether or not a continuation sheet(s) is aaached. 16. The certifying official sha1l sign and dalC the form. print hislher name title and IClephone number. Public reporting burden for this collection of information is estimated lO average 30 minulCS per response. including time for reviewing instrUCtion. searching existing data sources. gathering and maintaining the data needed. and completing and reviewing the collection of information. Send comments regarding the burden estimalC or any other aspect of this collection of information. including suggestions for reducing this burden. to the Office of Mana ementand Bud et. Pa rwork Reduction Pro'ect 0348-0046\. Washin n. D.C. 2OS03. S. .lDIQ'IIeDDU RcY. 0l>00090 ( 3) I I I I I , II I I . I I I I I I I I I I I I 94 4 TITLE 49. CODE OF FEDERAL REGULATIONS. PART 29 DEBARMENT AND SUSPENSION CERTIFICATION - .' , The bidder. under penalty of perjury. certifies that, except as noted below. he/she or any person associated therewith in the capacity of owner. partner. director. officer, manager: is not currently under suspension. debarment. voluntary exclusion. or determination of ineligibility by any federal agency; has not been suspended. debarred, voluntarily excluded or determined ineligible by any federal agency within the past 3 years; does not have a proposed debarment pending; and has not been indicted. convicted. or had a civil judgement rendered against it by a court of competent jurisdiction in any manner involving fraud or official misconduct within the past 3 years. If there are any exceptions to thlS certification. insert the exceptions in the following space. Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above. indicate below to whom it applies. initiating agency. and dates of action. NOTE: Providing false information may result in criminal pro- secution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. I 'I I I I I I I I I I I I I I I I I I 94 4 PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT In accord.nce with Public Contract Code Section 10285.1 (Chapter 3'76. Stats. 1985). the bidder hereby declar~under penalty of perjury that the bidder has ____. has not been convi cted wi thi n the precedi ng three years of any 0 enses referred to in that section. i ncl udi ng any charge of fraud. bribery, collusion, conspiracy, or any other act in violation of any state or federal antitrust law in connection with the biddi ng upon, award of. or performance of, any Publ i c Works contract. as defined in Public Contract Section 1101, with any public entity, as defined in P~blic Contract Code Section 1100. including the Regents of the University of California or the T~ustees of the California State University. The term "bidder" is understood to include any partner. member, officer. director. responsible managing officer. or responsible managing officer. or responsible managing employee thereof. as referred to in Section 10285.1. NOTE: The bidder must place a check mark afte.r "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. 8idders are cautioned that making a false certification may subject the certifier to criminal prosecution. I I I I I I I I I I I I I I I I I I I 94 4 THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT ANQ.EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A ~ PART OF THIS PROPOSAL b'idder ~, that he has '!'he proposed subcontractor ____. hereby '1=-. _has not ____, participated in a subcontract subject to the equal certifies previous contract or opportunity clause, as required by Executive Orders 10925, 11114. or 11246. and that. where required. he has filed with the Joint Reporting Committee. the Director of the Office of Federal Contract Compliance. a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity. all reports due under the applicable filing requirements. Note: The above certification is required by the Equal Employment Opportuni ty Regulations of the Secretary of Labor (41 CFR 60-1.7(b)(1l). and must be submitted by bi dders and proposed subcontractors on1 y ; n connecti on with contracts and subcontracts which are subject to the equa 1 opportuni ty clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10.000.00 or under are exempt.) Currently. Standard Form 100 (EEO-l) is the only report requi red by the Executi ve Orders or thei r i mp1 ementi ng regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b)(1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director. Office of Federal Contract Compliance, U.S. Department of Labor. I I I I I I I I I I I I I I I I I I I 94 4 8y my signallJre on IhiS prcoosal I cenify, under penar.y Of perjury under Ine laws of l:1e S:ate of CaDfomia. Inallne foregoing cuest'onnalre and statements at PuOlic Comract Code SeC:lons 10162. 10232 and 10285.1 are tNe and c:lrrec: and tnat tne Dialer has complied with Ihe reqUIrements of Section e103 of the Fair Emp'oyment and l-iousmg CommSSlon Fiegalations (Chapter S. Title 2 of Ihe CaDfornia A;llTllniSlrallve Cooe;. 8y my Signature on this proposal I tunher Certify, under penatty of perrury under tne laws of Ille Slate of CalifolTlla and Ine UMed Slates of Amer'lea, Ihat Ine Tille 23 Uniled Slales Code, Section 112 Non'Colluslon Affioavil and Ine Title "9 Code 01 Federal Regulations. Pan 29 Debarment and Suspension Certilication are INe and correct. Date: tZ/'7/t;3 I / CH f-I";, 7'OprfEt- ~ I~-~, Sognalur. 01 Bidd.r ~, '0EArI 8usinessAdcress 'bo)C(P~OI '5,p,-N 'i?:cfIM~b("'O, C,A- 'i1-'1t'Z.... Place 01 Business <:,'A-H {s6t"A-\~ Ilib Place 01 Residence -SA-N DEr-fI,.A't-t:,,^, 0 , I I II I I I I I I I I I I I I I I I 94 4 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY PRINCIPAL CONTRACTOR STATE OF CALIFORNIA ) )SS COUNTY OF San Bernardino ) Christopher D. Dean beinq first duly sworn deposes and says that he/she is l'reident Eastland Construction Inc. (sole owner, a partner, president, etc.) of the party makinq the foreqoing bid; that such bid is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation; that such bid is genuine and not collusive or sham; that said bidder has not directly or indirectly induced, or silicited any other bidder to put in a false or sham bid, and has not: directly or indirectly colluded, conspired, connived, or aqreed with any bidder or anyone else to put in a sham bid, nor that anyone shall refrain from biddinq; that said bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of said bidder or any other bidder, nor to fix any overhead, profit, or cost element of such bid price, nor of that of any other bidder, nor to secure any advantage against the public body awarding the contract or anyone interested in the proposed contract; that all statements contained in such bid are true; and, furth~r, that said bidder has not, directly or indirectly, submitted his bid price or any breakdown thereof, nor the contents thereof, nor divulged information or data relative thereto, nor paid and will not pay any fee in connection therewith to any corporation, partnership, company, association, orqanization, bid depository, nor to any member or aqent thereof, nor to any other individual except to such person or persons as have a partnership or other financial interest with said bidder in his/her general business. Subscribed 7 th 1993 and sworn to me this day of December , Seal of Notary ifLuQa (.(. ~ Notary Public t @ . ;..:.: :";:';";, · 'j _ l.."'. COMM, jj\l6241 0 z ~ ;... - Notary Public-California ~ J '''-'. 'SAN BERNARDINO COUNTY I ., Mycomm,exp"esMAR 29,1996 ~ - ~ ~ ~ - ~ ~ - ~ ~ - ~ - \2 /(,u. , \ . , } I I I I I I I I I I I I I I I I I I I 94 4 (I t is c,eqlJ 1 red that the bi dder execute the a ffi dui t on th is page at t.be tiN of submitting his bid. in accordance with 1nstructio-. in the Federal Requirements in this booklet.) , . NON-COLLUSION AFFIDAVIT To the City of San Bernardino: The undersigned in submitting a bid for performing the following work by contract. being duly sworn, deposes and says: That he has not, either directly or indirectly. entered into ariy agreement. participated in any collusion. or otherwise taken any action in restraint of free competitive bidding in connection with such contract. {J-iJ~ -;,~M61L '0 0 'E.4-,f ~ ( { . L 1 ature 0 er ?CJ !50Y: ~3~ / ~k'" i3 t~MR /j /;../0 G4- 9':J.9"/2- Business Address 5~ '2 ['-tAhb I),.' (A- Place of Resf~ence Subscribed and sworn to before me this ____ day of 19 Notary PubllC in and for the County of . State of California My Commission Expires , 19 , I I I I I I I I I I I I I I I I I I I The the 94 4 VOI1"1.'~ COMPENSATION INSURANCE CERTIFICATE co.tr~;r aka11 ezeeute the fo1lowinl for- ea required Ca11fora1. Labor Code, SeetioD 1860 end 1861: by I a. aware of the proYisioDa of Section 3700 of the Labor Code which require eyery e.ployer to be inaured a.ainat liability for work.eD's co.pensatioD or to undertake self-insurance 1n accordance with proYisions of that code, and I will co.p1y with such proYisiona before co..encin. the perfor.ance of the work of this contract. Date: IZ/1/Cf3 I / 13y (Title) :::~~ -ffUlTGeT Cex>1"-i)1 rI.AlD/C... (Title) I I I I I I I I I I I, I I I I I I I I 94 4 ........................................................................ SPECIAL NOTICE ........................................................................ 't1Ia bidder's Il/lllIiaa is diIec1Id to tb!a seaioll enlillecl "Requind Lislinl ol P.w9QI04 SlIll-4olClOlS" iD SflCtinA 1 of dle speciIl proviIioaI repn1in1 dle requirelllClll thI& pIOpOIId SIIIlc:clalrIClbllislld in dle bidder's "'~ III8Id ollillinl OIIIy subQX,""1Dl'I far sip aad IicJlDnl wart a in till JlISC, all s~ IN - to belisled iD dill ",opoIIl for iwns ol wan: ar ponions tbcnol to be suilcoaaIClIld in ucas ol ClllI-hIIl of ClllI percen& of dle IllI&l bid or $10.000. wllidllver.is cr-. III dle call wbIn I bidder claims ID inldveneDl clericll eaor in IislinI S\IbCCIlIncUllS. IllCIlice of lIIa claillllllllSl be SIIIlmilM II) tba 0IiIf. Ofb of Orne. Enlinecr iD wrilinl wiIIIiA 2 wortinl days alter dle rima of dle bid opelIiDl and JeDd copies of the IlCIlice to dle subconncran iDwlved. 011 projeal willi DIE pII. dle subconIrICtllr UsUnl nquiremcm. ICfcmd II) abo..e. is in IddiliClllII) dle DIE subcClIIncr.or 1iIIin1 by dle ~ Friday lAIr dle bid opcniIII. 't1Ia 1 IisliIIp mUll be consisten& wIIeII dle sub;oanclinl amount meell the approprial& cIolllr amount IbraIloIds. ........................................................................ II I 94 4 '<., I (~ ) I ~ I:,;; ::, ~ I ;~ t1 "' ( ~ ~~ '< I ~ 't I ~ ti..J .". Q 1'\:)--c::J .. .~ ~ I J ~ .<1 ~ ,... ., 101 I..... Ii) ... '" I{) Q .. ~ " I Vl ., 101 ... Vl .. .... d I>: 0 ~ u I ~ .... ., oS '" Vl I Vl 'll .\:1 .. .. u u ........ .. II ., I>:Vl " ., 8 00 ... ... ... ...'" 'll d .. I l:lCl '" 0 .. "'I U 101 101 ~~ I ~~ > ~ ,... Vl' I .... I Q ~ I'< I 0 Z , . 0 . I 0 I I H ~ .. '< N ... ...... .... " CO ..a I ...l .. "'-l .... .... , '> { I !:; 0 ::: ... A ......, ... -.... '" "'t ~ t--.,' ... "'<:.AfI I ., I ~ )' .. Q .... ... ., ., ~ ... <~ Q " \V) '" " d I .. 0 !\\ ') Vl ... ti,~ d ... ,""- 0 .. '" ... .... ~ ,I u g. I '" 1- " 0 - .s u ~<;' ... 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U"'l ., Q '" .. e o ....'ll ..... ..... ....... '" .>4'" ...'" OVl :.. VI ....... 0" ... II'" 0" .... .. ..., P.:>:: ... ...... "0 VI .. Q '" . . ~ ~ " .. II .... .... .. ...... .. ... ... .. "'I ., 'M ... .. Q .... .... = g. ...... 0 ~I 0 d <J 0 ... III ... ... '" .. ... d .... d Z 0 ... " 0 ... ... ~ .... " .... ~ III " e 0 u '" .... 0 II I'< ... ... d .... oS '" .. t; .. .. '" ... tl .. !.1, ... I> ~ .8 ... Vl Vl ., .. ~ l> II ... ., .d '" .0 " ~ :t .. .. " .. ., '.. ~ .0 > 0 .. " U 0<: ... ... " ... . VI = ''-~ ..., ~ " .." 00 ..." .. .. ".. .. "... .... ~ 0 '" ...." u "'I> " 018 ..." ...... =.... o u "'... "0 "'I'< "d "'I'll .. 101.. "'''' QU ... ..... 0'" ..0 !!'" fJVl z'" o , ALLI~D MutLt'fillnsurance Comoan,'o( 101 Fifth A 'venue DeS MOines. Iowa 50304-0974 Bid Bond Approved by the American Institute of Architects AI.A Document No, A.3IG Feb. 1970 Ed. ~ Insurance 94 4 KNOW ALL MEN BY THESE PRESENTS: That we EASTlAND r,ONSIRU~TION . INC. . P.O. BOX 6301 . SAN BERNARDINO (Here Insert the name and address or legallltle of the Contractor) Bond No, N/ A CA 92412 as Principal, hereinafier called the Principal, and ALLIED MUTUAL INSURANCE COMPANY, a corporation duly organized under the law, of the State of Iowa, as Surety, herelnaher called the surety, are held and firmly bound unto CITY OF SAN BERNARDINO as Obligee, hereaher called the Obligee, In the sum of TFN PFRr,FNT OF AMOIlNT OF RID Dollars ($ 10% OF BID ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, adminis- trators, successors and assigns, jOintly and severally, firmly by these presents. WHEREAS, the PrinCipal has submlned a bid for STREET IMPROVEMENTS ON ALABAMA STREET AT CITY CREEK. CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT ! State of California County of San Bernardino } No. 519J - OPTIONAL SECTION - CAPACITY CLAIMED BY SIGNER Though statule does not require the Notary 10 fill in the data below, doing so may prove invaluable 10 persotlS relying on the document. o INDIVIDUAL o CORPORATE OFFiCER(S) nTl..E(S) o PARTNER(S) 0 LIMITED o GENERAL ILl ATTORNEY.IN.FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENT1TY(leS) Allied Nutual Ins. Co. BID BOND . TI-'IS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: OPTIONAL SECTION TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES 1 DATE OF DOCUMENT On 12/6/Q3 DATE before me Paula R. Barnhouse, Notary Public , NAME, TITl.E OF OFFICER. e.G.. "JANE ooe. NOTARV PUBLIC. 12/6/93 personally appeared James Contreras NAME(S) OF SIGNEA(Sl [B personally known to me _-GR_-G-pro....ed1O'1Tte"ol't-the'l:i!l~~'Satisfaetory~id-ence to be the perso~ whose name(sl isfare subscribed to the within instrument and ac. knowledged to me that hef$hefll'1ey executed the same in his~f!hei.. authorized capacityti~t, and that by hisll'terfti'terr signature(-ston the instrument the person(s). or the entity upon behalf of which the person(s) acted, executed the instrument. t ~ - ~ ~ - ~ - ~ - - - - - ~l . (i'.:' '. PAULA R. BARNHOUSE -, ,: ~~' - ~ COMM.1962410 ~ ~ Ir!_" ..: Notary pub~c-California ~ .' , , , SAN BERNARDINO COUNTY ~ ~ ~ My eomm. expires MAR 29.1996 .~~....~....._....-_...... WITNESS my hand and official seal. 1flilla f(. ~ SIGNATURE OF NOTARY n()l..~h lTIe data requested here is not required by law, I! C:Nla pre...enl fral.ldu1ent reattachment 01 this form. SIGNEA(S) OTHER THAN NAMED ABOVE ~1992 NATIONAL NOTARY ASSOCIATION -8236 Remmel Ave., P.O. Box 7184. Canoga Par1<, CA 91309.7184 ALLifQ Muti...oi l/~su.ra(1Ce Corrpar:",; 701 Fifth A 'venue Des MOines Iowa 5030~-0974 Bid Bond Approved by the American Institute of Architects A/.A. Document No. A-310 Feb. 1970 Ed. ~ Insurance 94 4 Bond No, N/ A KNOW ALL MEN BY THESE PRESENTS: That we EASTLAND CONSTRUCTIQN . INC. . P.O. BOX 6301 . SAN BERNARDINO I Here insert the name and address or legallll1e of the Contractor) CA 92412 as Principal. hereinafter called the PrinCipal, and ALLIED MUTUAL INSURANCE COMPANY, a corporation duly organized under the laws of the State of Iowa, as Surety, hereinafter called the surety, are held and firmly bound unto CITY OF SAN BERNARDINO as Obligee, hereafter called the Obligee, in the sum of TEN PFRCENT OF AMOUNT OF RTD Dollars ($ 1il% OF BID ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, adminis- trators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for STREET IMPROVEMENTS ON ALABAMA STREET AT CITY CREEK. I NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bonds as may be specified in the bidding or Contract Documents with good and <ufficient surety for the falthfui performance of such Contract and for the prompt payment of labor and material fumished in the prosecution thereof, or In the event of the faliure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the 'ilbllgee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the bbligee may in good faith contract With another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. I Signed and sealed this I I I I I -84) 00 --- 6TH day of , A.D, 19 93 (Seal) CHRISTOPHER D. DEAN PRESIDENT (Witness) (Title) (Witness) U NCE C~PANY '-/~ RERAS (Attorney.ln.Fact) ) J ;/'// -- .J I I I I I I I I I I I I I I I I I I I ~ 94 4 Power of Attorney K:\OW ALL ~IE~ BY THESE PRESE:\TS That ALLIED \Iutual Insurance Company. a corporation organized under the bws of the State of Iowa. with its principal office in the City of Des :'vloine:j, Iowa, hereinaller called ~Company", oaes hereby make, constitute and appoint JAi\IES COi'\TRERAS A;\THONY CO:\TRERAS lJPL.\:'\D. CA eal.:!1 in his inJiviJual cap3city, its true and :a\\.[u[ r\aorney-In-Fact with full power and authority to sign. scJ.!, anu execute in its bl.:half anY and all bonds and undertakings and other obligatory instruments of similar nature (except bonds guaranteeing the. payment of principal and interest of noles, mortgage bonds and mortgages) in penalties not exceeding the sum of O:\E IIC"'IlRED TIIOCS""'D "I'D :\0/100 DOLLARS ($ 100,000.00 ) and to bind the Company thereby. as fully and to the same extent as if such instruments were siglled by the duly authorized olliccrs of the Company; and an acts of said Attorney pursuant to ;.he authority hereby given are hereby ratified and confirmed. This Power of Atlorney is made and executed pursuant to and by authority of the following By-Laws duly adopted by the Saara of Directors of the Company. ARTICLE 7 EXFCLTIO" OF CO:\TRACTS "S~ction 7.4 Inmuments Issued bv rhe Corporation. Bonds, undertakings, and other obligatory instruments of similar nature, other than insurance poliCIes and lnsurance cndorsem~nts, Issued by the Corporatlon shall be validly executed and binding on the Corporation when signed by the Presldent or a Vice PreSident or by the Attorney{s)-In-Fact appointed by the PreSident or by a Vice President,n S<:ction 7.5 ApPOintment of A~ents, The PreSident or a Vice PreSident shall have the power to appoint agents of the Corporation, or other persons, 3.S Atturney(s)-ln-Fact to act on behalf of the Corporation in the execution of bonds, undertakings, and other obligatory instruments of Similar nature, olher than insurance policies and endorsements, with full power to bir,d the Corporation by their signature and execution of any such instrument. The appointment of such Attorr.ey(s)-In-Fact shaH be accomplished by Powers of Attorney signed by the President or the Vice President." This Power of Attorney is signed and sealed by facsimile under and by the following By-Laws duly adopted by the Board of Directors of the Company. ARTICLE 7 EXECUTlO>> OF CONTRACTS "Section 7.6 VerifIcatIons. The Secretary, or any Assistant Secretary, is authorized to certify that any such Power of Attorney signed is validly executed and binding on the CorporatIon and to certify that any bond, undertaking, or obligatory instrument of similar nature, other than lOsurance poliCies and endorsements, to which the Power of Attorney is attached is and shall continue to be a valid and binding obllgation of the Corporation, accordlOg to its terms, when executed by Attorney(s)-In-Fact appointed by the President or Vice President." "S~ction 7.7 Use of Corporate Seal. It shall not be necessary to the valid execution and binding effect on the Corporation of any bond, undertaking, or obIJga~()(y instrument of SImilar nature, other than insurance policies and endorsements, signed on behalf of the Corporation by the President or a Vice PreSIdent, or Attorney(s)-In-Fact appointed by the President or a VIce President, or of any Power of Attorney executed on behalf of the Corporation appointing Attorney(s)-In.Fact to act for the Corporation, or of any certificate to be executed by the Secretary or an Assistant Secretary, as hereinabove in Sections 7.4, 7.5, and 7.6 provided, that the corporate seal be afnxed to any such instrument, but the person authorized to sign such instrument may afnx the corporate seal. A facsimile corporate seal affixed to any such instrument shall be as effective and binding as the original seaLu "Section 7.8 Other Facsimile Si~natures. A facsimile signature of the President or of a Vice President afnxed to any bond, undertaking. or obligatory Instrument of similar nature, other than policies and endorsements, or to a Power of Attorney signed by such President or a Vice President, as herein in SectIOns 7.4 and 7.5 pro....ided, or a facsimile signature of the Secretary or of an Assistant Secretary to any certificate as herein in Section 7.6 provided, shaH be effective and binding upon the Corporation with the same force and effect as the original signatures of any such officers.u "Section 7.9 Former Officers. A facsimile signature of a former officer shall be of the same validity as that of an existing officer, when affIxed to any lOsurance policy or insurance endorsement, any bond or undertaking, any Power of Attorney or certificate, as herein in Sections 7.1, 7.2, 7.4, 7.5, and 7.0 provided." 1:\ WIT:\ESS WHEREOF, the Company has caused these presents to be signed by its President and its corporate seal to be hereunto aflixed this 23 day of AU~.I.(~T ,1993 ;:~;,.;;;;:~~. ALLlE~D MUTUAL l~rN<;:E COMPANY "(SEAL!" , '" L ')..::l=. " . STATE OF IOWA .....,.....,..1 By: -, PreSident COC\;TY OF POLK ss "~~.r.." e On this 23 day of AUGUST ,1993, before me pers y came James D. Kirkpatrick, to me known, who, being by me duly sworn, did depose and say that he is President of ALLIED Mutual Insurance Company, the corporation described in and which executed the abo\"t! instrument; that he knows the seal of said corporation, lhat the seal affixed to said instrument is such corporation seal; that it was so affix~d pursuant to authority given by the Board of Directors of said corporation and that has igned his name thereto pursuant to like authority, and acknowledged the same to be the act and deed of said corporation. D ~ ./ Stacy Koehn -. Notary Public in and for the Stat """'- STACY KOEHN ; A ~* MY COMMISSION EXPIRES "-,,,. '0'__ 11-4-94 CERTIFICATE I, the undersigned, Secretary of ALLIED Mutual Insurance Company, a corporation organized under the laws of the State of Iowa, do hereby certify that the foregoing Power of Attorney is still In force, and further certify that Sections 7.4 through 7.9 inclusive of Article 7 of the By-Laws of the Company set forth in saId Power of Anorney are still in force. IN 1 ESTIMO:-;Y WHEREOF, I h..e subscribed my name and affixed the seal of the e(JJm anYr tillS 6TH day of DECEMBER , 19 93 "~!:!~'. IJ 00139 :=!~EAi':~~ rJ.. rhlS Power of Anorney explres ., ....--..~......1 Secretary Bd I (02-93) 00 08/23/96 "~~.r...'" I I I I I I I I I I I I I I I I I I I 94 <1 SPECIAL PROVISIONS SECTION I SPECIFICATIONSAN9 PLANS 1.01 GENERAL -- The work embodied herein shall be done in accordance wlth the Specifications entitled "State of California. Business and Transportation Agency. Department of Transportation, Standard Specifications". dated July 1992, and the California Standard Plans. dated July 1992, insofar as the same may apply and in accordance with the following Special Provisions. 1.02 DEFINITIONS -- Whenever in the Standard Specifications the foll owi ng terms are used. they shall be understood to mean and refer to the following: Department of Transportation The City of San Bernardino. 9irector The City Engineer of the City of San Bernardino. Engineer The City Engineer, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties delegated to them. Laboratory The laboratory to be designated by the City of San Bernardino to test materials and work involved in the contract. Notice to Contractors Notice Inviting Bids. State The City of San Bernardino. Other terms appeari ng in the Standard Specifi cati ons. and these Special Provisions. shall have the intent and meaning speci fi ed in Secti on 1. Defi ni ti ons and Terms, of the Standard Specifications. In case of conflict between the Standard Specifications and these Special Provisions, the Special Provisions shall take precedence over and be used in lieu of such conflicting portions. SP-l I I I I I I I I I I I I I I I I I I I 94 4 SECTION 2. PROPOSAL REQUIREMENTS AND CONDITIONS 2-1.01 GENERAL -- The bidder's attention is directed to the provisions in Section 2, "Proposal Requirements and Conditions", of the Standard Specifications, and these Special provisions for the requirements and conditions which he must observe in the preparation of the proposal form and the submission of the bid. The last sentence in Section 2-1.01, "Contents of Proposal Forms", of the Standard Specifications is deleted. After the fifth paragraph of Section of Pl ans, Speci fi cati ons, Contract, and following is added: 2-1.03, "Examination Site of Work", the When cross sections are included with the contract Plans, it is expressly understood and agreed that said cross sections do not constitute part of the contract, do not necessarily represent actual site conditions or show location, character, dimensions and details of work to be performed, and are included in the Plans only for the convenience of bidders and their use is subject to all the conditions and limitations set forth in this Section 2-1.03. When cross sections were not included in the Plans but are available, bidders or Contractors may inspect such cross sections and obtain copies for their use, at their expense. The first sentence 2-1.05, "Proposal Forms", amended to read: of the second paragraph in Secti on of the Standard Specifications is The proposal form is bound together with the contract. In accordance with Public Contract Code Section Non- collusion Affidavit is included in the proposal. the proposal shall also constitute signature Noncollusion Affidavit. 7106, a Signing of the 2-1.015 F[(lERAL .lOBBYING RESTRICTIONS -- Section 1352, Title 31, United States Code prohibits Federal funds from being expended by the reci pi ent or any lower ti er subreci pi ent of a Federal-aid contract to pay for any person for influencing or attempting to influence a Federal agency or Congress in connection with the awarding of any Federal-aid contract, the making of any Federal grant or loan, or the entering into of any cooperative agreement. SP-2 I I I I I I I I I I I I I I I I I I I 94 4 If any finds other than Federal funds have been paid for the same purposes in connection with this Federal-aid contract, the recipient shall submit an executed certification and, if required, submit a completed disclosure form as part of the bid documents. A certification for Federal-aid contracts regarding payment of funds to lobby Congress or a Federal agency is included in the Proposal. Standard Form - LLL, "Disclosure of Lobbying Activities", with instructions for completion of the Standard Form is also included in the Proposal. Signing the Proposal shall constitute signature of the Certification. The above-referenced certification and disclosure of lObbying activities shall be included in each subcontract and any lower-tier contracts exceeding $100,000.00. All disclosure forms, but not certifications, shall be forwarded from tier to tier until received by the Engineer. The Contractor, subcontractors and any lower-tier contractors shall file a disclosure form at the end of each calendar quarter in which there occurs any event that required disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by the Contractor, subcontractors and any lower-tier contractors. An event that materially affects the accuracy of the information reported includes: (1) A cumulative increase of $25,000.00 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; or (2) A influencing action; or, change in the person(s} or individual(s} or attempti ng to i nfl uence a covered Federal (3) A change in the officer(s}, employee(s}, or Member(s} contacted to influence or attempt to influence a covered Federal action. 2-1.016 DESIGN ENGINEER MAY NOT ~ID ~N CONSTRUCTION CONTRACT No engineerlng or archltectural flrm WhlCh has provlded design services for a project shall be eligible to bid on the contract to construct the project. The ineligible to bid include the prime contractor for design, subcontractors of portions of the design, and affiliates of either. An affiliate is a firm which is subject to the control of the same persons, through joint ownership or otherwise. SP-3 I I I I I I I I I I I I I I I I I I I 94 4 2-1.02 DISADVANTAGED BUSINESS ENTERPRISE -- This project is sUbject to Part 23, Title 49, Code of Federal Regulations entitled, "Participation By Minority Business Enterprises In Department of Transportation Programs". The Regulations in their entirety are incorporated herein by this reference. Bidders shall be fully informed respecting the requirements of the Regulations and the Department's Disadvantaged business (DBE) program developed pursuant to the Regulations; particular attention is directed to the following matters: (a) A DBE must be a small business concern as defined pursuant to Section 3 of U.S. Small Business Act and relevant regulations promulgated pursuant thereto; (b) A DBE bi dder, not bi ddi ng as a joi nt venture wi th a non-DBE, will be required to meet the DBE goal through subcontracti ng or materi a 1 purchases or make good faith effort do do so; (c) A DBE may participate as a subcontractor, joint partner wi th a pri me or subcontractor, or vendor of material or supplies; (d) A DBE joint venture partner must be responsible for a cl early defi ned porti on of the work to be performed in addition to satisfying requirements for ownership and control. The DBE joi nt venture must submi t either Schedule B of the Regulations or Cal ifornia Department of Transportati on Offi ce of Ci vil Ri ghts form enti tled "Minori ty/Di sadvantaged/Woman Business Enterprise Joint Venture"; (e) A DBE must perform a commercially useful function, i.e., must be responsible for the execution of a distinct element of the work and must carry out its respons i bi 1 i ty by actua 11 y performi ng, manag i ng and supervising the work; (fl Credit for a DBE vendor of materials or supplies is limited to 60 percent of the amount to be paid to the vendor for the material unless the vendor manufactures or substantially alters the goods; (g) Credit for trucking by DBEs will be as follows: (i) The amount to be paid when a DBE trucker will perform the trucking with his/her own trucks, tractors and employees; ( i i ) One hundred allowed for certified DBE percent of trucking costs all trucking acquired trucking brokers. will be through SP-4 I 'I I I I I I I I I I I I I I I I I I I 94 4 (h) A DBE must be a California Department of Transportation certified DBE on the date bids for the project are opened before credit may be allowed toward the DBE goal. The Department's DBE Directory identifies DBEs which have been certified. Others may also qualify for certification but must be certifi ed before bi d openi ng. The DBE Di rector may be obtained from the Department of Transportation, Material Operations Branch, Publication Distribution Unit, 1900 Royal Oaks Drive, Sacramento, California 95815, Telephone: (916) 445-3520; (i) Noncompliance by the Contractor with the requirements of the regulations constitutes a breach of this contract and may result in termination of the contract or other appropriate remedy for such breach; (j) Bidders are encouraged to utilize services offered by banks owned and controlled by minorities or women. 2-1.03 DBE GOAL FOR THIS- PROJECT -- The Department has established the followlng goal for disadvantaged business (DBE) participation for this project. Disadvantaged business (DBE) [[DBE Goals]] 10 Percent It is the bidder's responsibility to make a sufficient portion of the work available to subcontractors and suppliers and to select those portions of the work or material needs consistent with the available DBE subcontractors and suppliers, so as to assure meeting the goal for DBE participation. The Department has organizations to assist sUbcontracting or supplying contracted DBEs in materials; wi th the preparing following bids for Triaxial Management Services, Inc. - Los Angeles 2594 Industry Way, Suite 101-A Lynwood, CA 90262 Telephone: (310) 537-6677 FAX No. (310) 637-0128 Triaxial Management Services, Inc. - Los Angeles 2120 San Diego Avenue, ?suite 102 San Diego, CA 92110 Telephone: (619) 543-5109 FAX No. (619) 543-5108 Bidders may utilize the services of these organizations to contact interested DBEs. SP-5 I I I I I I I I I I I I I I I I I I I 94 4 2-1.04 REQU I REDLI STI NG QFP ROPOS ED .SUBCQNTRACTQRS -- Each proposal shal I have listed thereln the name and address of each subcontractor to whom the bi dder proposes to subcontract portions of the work in the amount of 1/2 of one percent of his total bid or $10,000, whichever is greater, in accordance with the SUbletting and Subcontracting Fair Practices Act, commencing with Section 4100 of the Public Contract Code. The bidder's attention is invited to other provisions of said Act related to the impostion of penalties for a failure to observe its provisions by using unauthorized subcontractors or by making unauthorized substitutions. A sheet for listing the subcontractors, as required herein, is included in the Proposal. Bidders are cautioned that addition to the requirement subcontractors after the opening this listing requirement is in to provide a list of DBE of the proposals. SP-6 I I I I I I I I I I I I I I I I I I I 94 4 SECTION 3 SUBMISSION OF OBE INFORMATION,AWARD, AND EXECUTION OF CONTRACT 3-1.01 GENERAL -- The bidder's attention is directed to the provisions in Section 3, "Award and Execution of Contract", of the Standard Specifications and these Special Provisions for the requi rements and condi ti ons concerni ng submi tta 1 of DBE information, award, and execution of contract. The required DBE information shall be submitted on the "CALTRANS BIDDER - DBE INFORMATION" form. It is the bidder's responsibility to meet the goal for DBE participation or to provide information to establish that, prior to bidding, the bidder made good faith efforts to do so. 3-1.01A DBE INFORMATION If DBE information is not submi tted wi th the bl d, the apparent successful bi dder (low bidder), the second low bidder shall submit DBE information to the Department so the information is received by the Department no later than close of business on the fourth day, not including Saturdays, Sundays and legal holidays, following bid opening. DBE information sent by certified mail and postmarked on or before the third day, not including Saturdays, Sundays and legal holidays, following bid opening will be accepted even if it is received after said fourth day following bid opening. Failure to submit the required DBE information by the time specified will be grounds for finding the bid or proposal nonresponsive. Other bidders need not submit DBE information unless requested to do so by the Department. When such request is made, the DBE information of such bidders shall be submitted so the information is received by the Department no later than close of business on the third day, not including Saturdays, Sundays, and legal holidays, after said notification, unless a later time is authorized by the Department. The bidders DBE information shall establish that the DBE goal wi 11 be met or that a good fai th effort to meet the goal has been made. Bidders are cautioned that even though their submittal indicates they will meet the stated DBE goal, their submittal should also include their good faith efforts information along with their DBE goal information to protect their eligibility for award of the contract in the event the Department, in its review, finds that the goal has not been met. SP-7 I I I I I I I I I I I I I I I I I I I 94 4 The information to show that the DBE goal will be met shall include the names of DBEs to be used, with a complete description of work or supplies to be provided by each and the dollar value of each such DBE transaction. When 100 percent of a contract item of work is not to be performed or furnished by a DBE, a descri pti on of the exact porti on of said work to be performed or furnished by that DBE shall be included in the DBE information, including the planned location of said work. (Note: DBE subcontractors to whom the bidder proposes to subcontract portions of the work in an amount in excess of 1/2 of one percent of his total bid or $10,000.00, whichever is greater, must have been named in the bid. See section entitled, "Required Listing Of Proposed Subcontractors", in Section 2, of these Special Provisions). The information necessary to establish the bidder's good faith efforts to meet the DBE goal should include: (1 ) The names and dates of adverti sement newspaper, trade paper, and mi nori ty-focus which a request for DBE participation project was placed by the bidder. (2) The names and dates of notices of all certified DBEs solicited by direct mail for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested. of each paper in for this (3) The items of work for whi ch the bi dder requested subbids or materials to be supplied by DBEs, the information furnished interested DBEs in the way of plans, specifications and requirements for the work, and any break down of items of work into economically feasible units to facilitate DBE participation. Where there are DBEs avail abl e for doi ng porti ons of the work normally performed by the bidder with his own forces, the bidder will be expected to make portions of such work available for DBEs to bid on. (4) The names of DBEs who submitted bids for any of the work indicated in (3) above which were not accepted, a summary of the bi dder' s di scussi ons and/or negotiations with them, the name of the subcontractor or suppl ier that was selected for that portion of work, and the reasons for the bi dder' s choi ce. If the reason for rejecting a DBE bid was price, give SP-8 I I I I I I I I I I I I I I I I I I I 94 4 the pri ce bi d by the rejected DBE and the pri ce bi d by the selected subcontractor or supplier. Since the utilization of available DBEs is expected, only significant price differences will be considered as cause for rejecting such DBE bids. (5 ) Assistance that the bidder has i dentifi ed in (4) above to remedy their subbids. extended to DBEs the deficiency in (6) Any additional data to support a demonstration of good faith effort, such as contacts with DBE assistance agencies. 3-1.01B AWARD OF CONTRACT -- The award of contract, if it be awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed and who has met the goal for DBE participation or has demonstrated, to the satisfaction of the Department, good faith effort to do so. Meeting the goal for DBE participation or demonstrating, to the satisfaction of the Department, good faith efforts to do so is a condition for being eligible for award of contract. Sp-g I I I I I I I I I I I I I I I I I I I 94 4 SECTION 4 BEGINNING OF WORK, TIME AND COMPLETION AND LIQUIDATED DAMAGES Attention is directed to the provisions in Section 8-1.03, "Beginning of Work", in Section 8-1.06, "Time of Completion", and in Secti on 8-1.07, L i qui dated Damages", of the Standard Specifications and these Special Provisions. In lieu of the requirements that the Contractor shall begin work within 15 days after approval of the Contract, as provided in Section 8-1.03, of the Standard Specifications, the Contractor shall furnish the Engineer with a statement from the vendors that the orders for the materials required for this contract have been received and accepted by said vendors, and said statement shall be furnished within 15 days from the date of the "NOTICE TO PROCEED". Said statement shall give the date that the materials will be shipped. The Con tr a c tor the site of the received. shall not perform any work above grade, at project, until all materials have been The Contractor shall diligently prosecute the work to completion before expiration of 45 WORKING DAYS after the date of said approval. The Contractor shall pay to the City of San Bernardino the sum of - $250.00 per day, for each and every calendar day's delay in finlshlng the work in excess of the number of working days prescribed above. The "NOTICE TO PROCEED" will be issued by the Engineer in Lieu of the notification by the Attorney General that the contract has been approved as sti pul ated in Secti on 8-1. 03, "8eginning of Work", of the Standard Specifications. SP-I0 I I I I I I I I I I I I I I I I I I I 94 4 SECTION 5. GENERAL SECTION 5-1. MISCELLANEOUS 5-1.01 LABOR -NONDISCRIMINATION -- Attention is directed to the foll OWl ng Notl ce that 1 s requi red by Chapter 5 of Division 4 of Title 2, California Administrative Code. NOTICE OF REQUIREMENT FOR NONDISCRIMINATION PROGRAM (GOV. CODE, SECTION 12990) Your attention is called to the "Nondiscrimination Clause", set forth in Section 7-1.0IA(4), "Labor Nondiscrimination", of the Standard Specifications, which is applicable to all nonexempt state contracts and subcontracts, and to the "Standard California Nondiscrimination Construction Contract Specifications" set forth therein. The Specifications are applicable to all nonexempt state construction contracts and subcontracts of $5,0000 or more. 5-1.02 RESPONSIBILITY FOR DAMAGE -- Attention is directed to the provlslons ln Sectlon 7-1.12, "Responsibility for Damage", of the Standard Specifications. The Contractor shall indemnify and save harmless the City of San Bernardino and the City of Redlands, and all officers and employees thereof connected with the work, in accordance with the above section. 5-1.03 DIFFERING. SITE .tONIHTIONS -- During the progress of the work, lf subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before they are disturbed and before the affected work is performed. Upon written notification, the Engineer will investigate the conditions, and if the Engineer determines that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excl udi ng loss of anti ci pated profi ts, wi 11 be made and the contract modifi ed in writing accordingly. The Engineer will notify the contractor of his determination whether or not an adjustment of the contract is warranted. SP-ll I I I I I I I I I I I I I I I I I I I 94 4 No contract adjustment which results in a benefit to the Contractor wi 11 be allowed unl ess the Contractor has provi ded the required written notice. No contract adjustment wi 11 be allowed under the provisions specified in this section for any effects caused on unchanged work. Any contract adjustment warranted due to differi ng site conditions will be made in accordance with the provisions in Section 4-1.03, .Changes., of the Standard Specifications. 5-1.04 SUSPENSION ..()F .WORK In addition to the requirements speclfled in Sectlon 8-1.05, .Temporary Suspension of Work", of the Standard Specifications the following shall apply: SUSPENSION OF WORK ORDERED BY THE ENGINEER -- If the performance of all or any portion of the work is suspended or delayed by the Engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the Contractor believes that additional compensation or contract time or additional compensation and contract time is due as a result of such suspension or delay, the Contractor shall submit to the Engineer in writing a request for adjustment within 7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment. Upon receipt, the Engineer will evaluate the Contractor's request. If the Engineer agrees that the cost or time or cost and time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the Contractor, its suppliers, or subcontractors at any approved ti er, and not caused by weather, the Engi neer wi 11 make an adjustment (excl udi ng profit) and modify the contract in writing accordingly. The Engineer will notify the Contractor of his determination whether or not an adjustment of the contract is warranted. No contract adjustment will be allowed unless the Contractor has submitted the request for adjustment within the time prescribed. No contract adjustment will be allowed under the provisions specified in this section to the extent that performance woul d have been suspended or del ayed by any other cause, or for which an adjustment is provided for or excluded under any term or condition of this contract. SP-12 I I I I I i I I I I I I I I I I I I I I I 94 4 Any contract adjustment warranted due to suspension of work ordered by the Engi neer wi 11 be made in the same manner as provided for right-of-way delays in Section 8-1.09, "Right of Way Delays", of the Standard Speci fi cati ons. 5-1.05 PUBLIC SAFETY -- In addition to any other measures taken by the Contractor pursuant to the provisions of Section 7-1.09, "Public Safety", of the Standard Specifications, the Contractor shall install temporary railin9 (Type K) between any lane carrying public traffic and any excavation, obstacle, or storage area when the following conditions exist: (1) Excavations -- Any excavation the near edge of which is 12 feet or less from the edge of the lane, except: (a) Excavations covered with sheet steel or concrete covers of adequate thickness to prevent accidental entry by traffic or the public. (b) Excavations less than one foot deep. (c) Trenches less than one foot wide for irri- gation pipe or electrical conduit or excavations less than one foot in diameter. (d) Excavations parallel to the lane for the purpose of pavement widening or reconstruction. (e) Excavations in side slopes, where the slope is steeper than 4:1. (f) Excavations protected by existing barrier or railing. (2) Temporarily Unprotected Permanent Obstacles Whenever the work includes the installation of a fixed obstacle together with a protective system, such as a si gn structure together wi th protecti ve railing, and the Contractor elects to install the obstacle prior to installing the protective system; or whenever the Contractor, for hi s conveni ence and with permission of the Engineer, removes a portion of an existing protective railing at an obstacle and does not replace such railing complete in place during the same day. (3) Storage Areas -- Whenever material or equipment is stored within 12 feet of the lane and such storage is not otherwise prohibited by the Specifications. SP-13 I I I I I I I I I I I I I I I I I I I 94 4 Except for installing, maintaining and removing traffic control devices, whenever work is performed or equipment is operated in the following work areas the Contractor shall close the adjacent traffic lane unless otherwise provided in the Specifications: Approach speed of public traffic (Posted Limit) (Mil es Per Hour) Work Areas Over 45 Within 6 feet of a traffic lane but not on a traffic lane. 35 to 45 Within 3 feet of a traffic lane but not on a traffic lane. When traffic cones or delineators are used to delineate a temporary edge of tra ffi c 1 ane, the 1 i ne of cones or delineators shall be considered to be the edge of traffic lane, however, the Contractor shall not reduce the width or an existing lane to less than 10 feet without written approval from the Engineer. The lane closure provisions of this section shall not apply if the work area is protected by permanent or temporary railing or barrier. When work is not in progress on a trench or other excavation that required a lane closure, the traffic cones or portable delineators used for the lane closure shall be placed off of and adjacent to the edge of the travel ed way. The spacing of the cones or delineators shall be not more than the spacing used for the lane closure. 5-1.06 ~ORCE ACCOUNT PAYMENT -- The fourth paragraph in Section 9-1.03A, "Work Performed by Contractor", of the Standard Specifications is amended to read: When extra work to be pai d for on a force account basis is performed by a subcontractor, approved in accordance with the provisions in Section 8-1.01, "Subcontracting", an additional markup of 5 percent will be added to the total cost of said extra work including all markups specified in this Section 9-1.03A. Said additional 5 percent markup shall reimburse the Contractor for additional administrative costs, and no other addi ti onal payment wi 11 be made by reason of performance of the extra work by a subcontractor. SP-14 I I I I I I I I I I I I I I I I I I I 94 4 The first paragraph in Section 9-1.03A(3), "Equipment Rental", of the Standard Specifications is amended to read: The Contractor wi 11 be paid for the use of equipment at the rental rates listed for such equipment in the Department of Transportation publication entitled "Labor Surcharge And Equipment Rental Rates", which is in effect on the date upon which the work is accomplished and which is apart of the contract, regardl ess of ownershi p and rental or other agreement, if such may exi st, for use of such equipment entered into by the Contractor, except, that for those pi eces of equipment with a rental rate of $10.00 per hour or 1 ess as 1 i sted in the Labor Surcharge And Equipment Rental Rates publ ication and which are rented from a local equipment agency, other than Contractor owned, the Contractor wi 11 be pai d at the hourly rate shown on the rental agency invoice or agreement for the time used on force account work as provided in Section 9-1.03A(3a), "Equipment on the Work". If a minimum equipment rental amount is required by the local equipment rental agency, the actual amount charged will be paid to the Contractor. If it is deemed necessary by the Engi neer to use equipment not listed in said publication, a suitable rental rate for such equipment will be establ i shed by the Engi neer. The Contractor may furnish any cost data which might assist the Engineer in the establishment of such rental rate. If the rental rate establ i shed by the Engi neer is $10.00 per hour or less, the provisions above concerning rental of equipment from a local equipment agency shall apply. The sixth paragraph in said Section 9-1.03A(3) is amended to read: Individual pieces of equipment or tools not listed in said publication and having a replacement value of $500.00 or less. whether or not consumed by use, shall be considered to be small tools and no payment will be made therefor. SP-15 I I I I I I I I I I I I I I I I I I I 94 4 Section 9-1.03A(3), Specifications is amended Truck Rental", as follows: "Equipment Rental", of the Standard by adding Section 9-1.03A(3d), "Dump 9-1.03A(3d) Dump Truck Rental -- Dump truck rental shall conform to the provisions of Sections 9-1.03A(3), "Equipment Rental", 9-1.03A(3a), "Equipment on the Work", and 9-1.03A(3b), "Equipment not on the Work", except as follows: Fully maintained and operated rental dump trucks used in the performance of extra work pai d for on a force account basi s wi 11 be paid for at the same hourly rate paid by the Contractor for use of fully maintained and operated rental dump trucks in performing contract item work. In the absence of contract i tern work requiring dump truck rental, the Engineer wi 11 establ i sh an hourly rental rate to be paid. The Contractor shall provide the Engineer with complete information on the hourly rental rates available for rental of fully maintained and operated dump trucks. The provisions "Labor", shall not rented dump trucks. in Section 9-1.03A(I), apply to operators of The rental rates 1 i sted for dump trucks in the Department of Transportation publ ication entitled Labor Surcharge And Equipment Rental Rates shall not apply. To the total of the rental costs for fully maintained and operated dump trucks there wi 11 be added a markup of 15 percent. An additional markup of 5 percent will be added by reason of performance of the work by a subcontractor. No markup will be made for labor. The provlslons of "Owner-Operated Equipment", dump truck rentals. Section 9-1.03A(3c), shall not apply to 5-1.07 PAYMENT .OFWITHHELD FUNDS Section 9-1.065, "Payment of Withheld Funds", of the Standard Specifications is amended to read: 9-1.065 Payment of Withheld Funds Attention is directed to Section 9-1.06, "Partial Payments", and in particular to the retention provisions of said section. SP-16 I I I I I I I I I I I I I I I I I I I 94 <1 Upon the Contractor's request, pursuant to Public Contract Code Section 10263, the Department wi 11 make payment of funds wi thhel d from progress payments to ensure performance of the contract if the Contractor deposi ts in escrow wi th the State Treasurer, or with a bank acceptable to the Department, securities equivalent to the amount withheld. The Contractor shall be beneficial owner of any securities substituted for moneys wi thhel d and sha 11 recei ve any interest thereon. Upon satisfactory completion of the contract, the securities shall be returned to the Contractor. Alternatively, upon the Contractor's request, the Department will make payment of retentions earned directly to the escrow agent. The Contractor may direct the investment of the payments into securi ti es and the Contractor shall receive the interest earned on the investments upon the same terms provi ded for securi ti es deposited by the Contractor. Upon satisfactory completion of the contract, the Contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the Department, pursuant to the terms in Section 10263 of the Public Contract Code. Securities eligible for investment shall include those listed in Section 16430 of the Government Code, bank or savi ngs and loan certificates of deposit, interest-bearing demand deposi t accounts, standby 1 etters of credi t, or any other security mutually agreed to by the Contractor and the Department. The escrow agreement used pursuant to this Section 9-1.065 shall be substantially similar to the "Escrow Agreement for Security Deposits In Lieu of Retention" in Section 10263 of the Public Contract Code, deemed as incorporated herei n by reference. The Contractor shall obtain the written consent of the surety to such agreement. 5-1.08 DBE .RECORDS The Contractor shall maintain records of all subcontracts entered into with certified DBE subcontractors and records of materi a 1 s purchased from certified DBE suppliers. Such records shall show the name and busi ness address of each DBE subcontractor or vendor and the total dollar amount actually paid each DBE subcontractor or vendor. SP-17 I I I I I I I I I I I I I I I I I I I 94 <1 Upon completion of the contracts, a summary of these records shall be prepared on Form HC-43 and certi fi ed correct by the Contractor or his authorized representative, and shall be furnished to the Engineer. 5-1.09 PAYMENTS Attention is directed to Section 9-1.06, "Partlal Payments", and 9-1.07, "Payment After Acceptance", of the Standard Specifications and these Special Provisions. No partial payment will be made for any materials on hand which are furnished but not incorporated in the work. 5-1.10 SOUND CONTROL REQUIREMENTS -- Sound control shall conform to the prov1s10ns 1n Section 7-1.011, "Sound Control Requirements", of the Standard Specifications and these Special Provisions. The noise level from the Contractor's operations, between the hours of 9:00 p.m. and 6:00 a.m., shall not exceed 86 dba at a distance of 50 feet. This requirement in no way relieves the Contractor from responsibility for complying with local ordinances regulating noise level. Said noise level requirement shall apply to all equipment on the job or rel ated to the job, i ncl udi ng but not 1 imi ted to trucks, transit mi xers or transi ent equi pment that mayor may not by owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor. 5-1.11 PERFORMANCE OF DBESUBCONTRACTORS AND SUPPLIERS -- The DBEs 11 sted by the Contractor 1 n response to the requirements in the section of these Special Provisions entitled "Submission of DBE Information, Award, And Execution of Contract", whi ch are determi ned by the Department to be certified DBEs, shall perform the work and supply the materials for whi ch they are 1 i sted unl ess the Contractor has recei ved pri or wri tten authori zati on to perform the work wi th other forces or to obtain the materials from other sources. Authorization to utilize other forces or sources of materials may be requested for the following reasons: SP-18 I I I I I I I I I I I I I I I I I I I 94 d (1) The listed DBE, after having had a reasonable opportunity to do so, fails or refuses to execute a wri tten contract, when such wri tten contract, based upon the general terms, conditions, Plans and Specifications for the project, or on the terms of such subcontractor's or supplier's written bid, is presented by the Contractor. (2) The listed DBE becomes bankrupt or insolvent. (3) The listed DBE fails or refuses to perform his subcontract or furnish the listed materials. (4) The Contractor stipulates that a bond was a condi ti on of executi ng a subcontract and the 1 i sted DBE subcontractor fails or refuses to meet the bond requirements of the Contractor. (5) The work performed by the 1 i sted subcontractor is substantially unsatisfactory and is not in substantial accordance with the Plans and Specifications, or the subcontractor is substantially delaying or disrupting the progress of the work. (6) It would be in the best interest of the City The Contractor shall not be entitled to any payment for such work or material unless it is performed or supplied by the listed DBE or by other forces (including those of the Contractor) pursuant to prior written authorization of the Engineer. 5-1.12 SUBCONTRACTING -- Attention is directed to Section 8-1.01, "Subcontractlng", of the Standard Specifications, Section 2, "Proposal Requirements and Conditions", Section 3, "Submission of DBE Information, Award, and Execution of Contract", elsewhere in these Special provisions and these Special Provisions. The requirement in the third paragraph of said Section 8-1.01 that the Contractor shall perform with his own organization contract work amounting to not less than 50 percent of the original contract price is not changed by the Federal Aid requirement specified under "Required Contract Provisions Federal-Aid construction Contracts", in Section 14, in these Special provisions that the Contractor perform not less than 30 percent of the original contract work with his own organization. Each subcontract and any lower ti er subcontract that may in turn be made shall include the "Required Contract Provisions Federal-Aid Construction Contracts" in Section 14 of these Special Provisions. This requirement shall be enforced as follows: SP-19 I I I I I I I I I I I I I I I I I I I 94 4 Noncompliance shall be corrected. Payment for subcontracted work i nvol ved wi 11 be wi thheld from progress payments due, or to become due, until correction is made. Failure to comply may result in termination of the contract. The DBE information furnished under Section 3-1.01A, "DBE Information", of these Special provisions is in addition to the subcontractor information required to be furnished under said Section 8-1.01, "Subcontracting", and Section 2-1.04, "Required Listing of Proposed Subcontractors", of these Special Provisions. In accordance with the Federal MBE regulations Section 23.45(f}(2} Part 23, Title 49 CFR; 1. shall be consent of No substitution of a DBE subcontractor made at any time without the written the Department, and; 2. If a DBE subcontractor is unabl e to perform successfully and is to be repl aced, the Contractor will be required to make good faith efforts to repl ace the ori gi nal DBE subcontractor with another DBE subcontractor. The requirement in Section 2-1.02, "Disadvantaged Business", of these Special Provisions that DBEs must be certifi ed on the date bi ds are opened does not appl y to DBE substitutions after award of the contract. 5-1.13 PROJECT ~APPEARANCE The Contractor shall maintain a neat appearance to the work. In any area visible to the public, the following shall apply: When practicable, broken concrete and debris developed during clearing and grubbing shall be disposed of concurrently with its removal. If stockpiling is necessary, the materi al shall be removed or di sposed of weekly. Full compensation for conforming to the provisions in this section, not otherwise provided for, shall be considered as included in prices paid for the various contract items of work involved and no additional compensation will be allowed therefor. SP-20 I I 94 4 SECTION 6 I FEDERAL REQUIREMENTS AND I FEDERAL MINIMUM WAGES I I I I I I I I I I I I I I SP-21 I I I I I I I I I I , I I I I I I I i .;- '. I 94 4 SECTION 14. FEDERAL REQUIREMENTS FOR FEDERAL-AID CONSTRUCTION PROJECTS GENERAL.-- The work herein proposed will be financed in whole or in part wrth Federal funds, and therefore all of the statutes, rules and regulations promulgated by the Federal Govemment and applicable 10 work financed in whole or in part wrth Federal funds will apply to such work. The "Required Contract Provisions, Federal-Aid Construction Contracts,"Form FHWA 1273, are included in this Section 14. Whenever in said required contract provisions references are made to "SHA contracting ofticer", "SHA resident engineer", or "authorized representative of the SHA", such references shall be construed to mean "Engineer" as defined in Section 1-1.18 of the Standard Specifications. PERFORMANCE OF PREVIOUS CONTRACT.- In addrtion 10 the provisions in Section II, "Nondiscrimination," and Section VII, "Subletting or Assigning fhe Contract," of th. requir.d contract provisions, the Contractor shall comply with the following: Th. bidder shall execute the CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR SUBCONTRACTS SUBJECT TO THE EOUAL OPPORTUNIlY CLAUSE AND THE FiliNG OF REOUIRED REPORTS located in the proposal. No request for subletting or assigning any portion of the contract in excess of $10,000 will be considered under the provisions of Section VII of the required contract provisions unless such request is accompanied by the CERTIFICATION ref.rred to above. executed by the proposed subcontractor. NON-COLLUSION PROVISION.- The provisions in this section are applicable 10 all contracts excep! contracts for Federal Aid Secondary projects. Trtle 23, Unrted States Code, Section 112. requires as a condrtion precedent to approval by the Federal Highway AdministralOr of the contract for this work that each bidder file a sworn statement executed by, or on beha" of, the person, firm, association, or corporation to whom such contract is to be awarded, certifying that such person, firm, association, or corporation has not, erther directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competrtiv. bidding in connection wrth the submitted bid. A form to make the non-collusion aftidavit stat.ment required by Section 1 t 2 as a cert~ication under penahy 01 perjury rather than as a sworn statement as permitted by 28, USC, Sec. 1746, is included in the proposal. PARTICIPATION BY MINORITY BUSINESS ENTERPRISES IN SUBCONTRACTING.- Part 23 Title 49, Code of Federal Regulations epplies to this Federal- aid project. p.rtinent sections of said Code are incorporated in part or in hs entirety within other sections of these special provisions. Schedule B-Information for Determining Joint Venture Eligibility (This form need not be filled in if all joint venture firms ara minority owned.) 1. Name of joint venture 2. Address of joint venture 3, Phone number of joint venture 4. Ident"y the firms which comprise the joint vanture. (The MBE partner must complete Schedule A.)_ a Describe the role of the MBE firm in the joint ventura. b. Describe very briefly the experience and business qual"ications of each non-MBE joint venturer: 5. Nature of the joint venture's business 6. Provide a copy of the joint venture agreement. RolIiood '2....111 FR-1 ,- I I I I I I I I I p I I I I I I I Q I I 94 <1 7. What is the claimed percentage of MBE ownership? 8. Ownership of joint venture: (This need not be fillad in ~ described in the joint venture egreement, provided by question 6.). a. Prof~ and loss sharing. b. Capital contributions, including equipment. c. Other applicable ownership interests. 9. Control of and participation in this contract Identify by name. race, sex, and "firm" those individuals (and their t~les) who are responsible lor day-to-clay management and policy decision making, including, but not limrted to, those with prime responsibility lor: a. Financial decisions b. Management decisions, such as: 1. Estimating 2. Marketing and sales 3. Hiring and firing of management personnel 4. Purchasing 01 major items or supplies c. Supervision 01 lieid operations Note.-If, alter liling this Schedule B and before the completion 01 the joint venture's work on the contract covered by this regulation, there is any signilicant changa in the information submitted, tha joint vanture must inlorm the grantee, either directly or through the prime contractor ~ Ihe joint venture is a subconlractor. Alfldavlt -The undersigned swaar that the loregoing statements are correct and include all matarial information neeessal)' to ident~y and axplain the terms and operation of our joint venture and Ihe intended participalion by each joint venturer in the undertaking. Further, the undersigned covenant and agree to provide to grantee current, complete and accurate information regarding actual joint 12...aG venture work and the payment therefor and any proposed changes .n any of the JOint venture arrangements and to perm~ the audit and examrnat,on of the books, reeords and liles of the ,oint venture, or those of each joint venturer relevant to the joint venture, by authorized representatives of the grantee or the Federal funding agency. Any material misrepresentation will be grounds lor terminating any contract which may be awarded and lor inrtiating action under Federal or State laws concerning false statements. - ............................................................................................ Name of Firm Name of Firm ............................................................................................. Signature Signature ............................,................................................................ Name Name ............................................................................................ Title Title ............................................................................................. Date Date Date State of County of On this _ day of . 19 -' belore me appeared (Name) , to me personally known. who, being duly sworn, did execute the loregoing affidavit. and did state that he or she was (Nama of firm) to execute the affidav~ and did so as his or her free act and deed. properly authorized by Notal)' Public Commission axpires [Seaq Date State of County of FR-2 I I, I I I I I I I t I I I I I I I i I 94 4 On Ihis _ day of . , 9 ~ belore me appeared (Name) to me personally known, who, being duly sworn, did execule Ihe foregoing affidavit, and did slate that he or she was properly authorized by (Name 01 firm) - L - to execute the affidavrt and did so as his or her Iree act and deed. Notary Public Commission expires [Seal} .2..... FR-3 I 94 4 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS I I (Exclusive of Appalachian Contracts) I I I Page I. Gellllral .........................................................FR-4 II. Nondiscrimination.......................................... FR-4 III. Nonsegregated Facilities ............................. FR-G IV. Payment of Predetarmined Minimum Wage .............................................FR-6 V. Statements and Payrolls ............................FR.l0 VI. Record of Materials, Supplias, and Labor ................................................_..FR-ll VII. Subletting or Assigning the Contract ..........FR.ll VIII. Safety: Accidant Pravention .......................FR-t2 IX. False Statements Concerning Highway Projects........................................ FR-12 X. Implementation of Clean Air Ad and Federal Water Pollution Control Act............FR-13 XI. Certification Regarding Debarment. Suspension. Ineligibility, and Voluntary Exclusion. Lower TlBr Covered Transactions............................................... FR.13 I I I ~ I. GENERAL I I I I I I I .. i L These contract provisions shall apply to all work performed on the contract by the contractor's own organization and w~h the assistance of workers under the contractor's immediate superintendence end to all work performed on the contract by piecework, station work, or by subcontract. 2. Except as otherwise provided for in each section, the contractor shall insert in each subcontract all of the stipulations contained in thesa Required Contract Provisions, and further require their inclusion in any lower tier subcontract or purchase order that may in turn be made. The Required Contract Provisions shall not be incorporated by ref.rence in eny case. The prime contractor shall be responsible for complianc. by any subcontractor or lower tier subcontractor wnh these Required Contract Provisions. 3. A breach of any 01 the stipulations contained in these Required Contract Provisions shall be sufficient grounds for termination of the contract. 4. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5.12: FHWA 1273 RoY._ 12.....g I Section \, paragraph 2: Section IV, paragraphs 1, 2, 3, 4, and 7: Section V, paragraphs 1 and 2a through 2g. 5. Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and Section V of these Required Contract Provisions shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance w~h the procedures of the U.S. Department of Labor (DOL) as set forth in 29 CFR Parts 5, G, and 7. Disputes w~hin the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the DOL, or the contractor's employees or their representatives. 6. Certification of Eligibility: By entering into this contract, the contractor certifies as follows: L N.~her the contractor nor any person or firm who has an interest in the contractor's firm is illllligible to be awarded Government contracts by virtue of Section 3(a) of the Davis.Bacon Act, 29 CFR 5.12(a)(1), or 49 CFR 29. b. No part 01 this contract shall be subcontracted to any person or firm ineligible for award 01 a Govemment contract by virtue of Section 3(a) of the Davis-Bacon Act, 29 CFR 5.12(a)(1), or 49 CFR 29. c. The penalty for making false statements is prescribed in the U.S. Criminal Code. 18 U.S.C. 1001. II. NONDISCRIMINATION (Applicable to Federal-aid construction contracts and related subcontracts and purchase orders exceeding $10,000.) 1. Sel.ctlon of Labor: During the performance of this contract, the contractor shall not: L discriminate against labor from any other State. possession, or terr~ory of the Un~ed States, or b. employ convict labor for any purpose within the limits of the project unless ~ is labor performed by convicts who are on parole. supervised release, or probation. FR-4 I I I I I I I I I It I I I I I I I t~i I I 94 ~ 2. Employment Practices: a. The Equal Employment Opportunity Affirmative Action Notice set torth in 41 CFR 60-4,2 and the Equal Employment Opportunity Construction Contract SpllCificltions set forth in 4' CFR 60.4,3 are incorporated by reterlnce in this contract. b. Regulation 41 CFR 60-4.2 requires goals and timetables tor minority and temale participation expressed in percentage terms tor the contractor's aggregate work force in each trade on all construction work in the covlred area. The goals tor this contract are stated elsewhere in the bidding documents and in the construction contract. c. Regulation 4' CFR 60-4.3 provides specHic affirmative action standards the contractor shall implement to ensurl equal employment opportunity in achieving the minority and temale participation goals set forth in paragraph 2b of this Section. 3. Equal Opportunity Clausl: During the performance of this contract, the contractor agrees as follows: a. The contractor will not discriminate against any employel or applicant for employment because of race, color, religion, sex, or national origin. Thl contractor will taka affirmativl action to ensurl that applicants arl Imployed and that employees are treated during employment whhout regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to. thl following: employment, upgrading, demotion or transfer; recNilment or recruhment advertising; layoffs or termination: rates of payor other forms of compensation; and, selection tor training, including apprenticeship. Thl contractor agrees to post in conspicuous placls, aVlilable to employees and appliclnts tor Imploymlnt. notices to be provided by the Statl highway agency (SHA) setting forth thl provisions of this nondiscrimination clause. b. The contractor will, in all solichations or advertisements for employees placed by or on behaU of the contractor, state that all qualHied applicants will receive considlration for employment without regard to race. color, religion, sex, or national origin. c. The contractor will send to each labor union or representative of workers with which the contractor has a collective bargaining agreement or other contract or understanding a notice to be provided by the SHA advising the said labor union or workers' representative of the contractor's commhments under this Section II, paragraph 3. d. Thl contractor will comply with all provisions of Executive Order "246, Equal Employmlnt Opportunity, dated September 24, , 965, and of the rules. regulations (41 CFR Part 60), and relevant orders of the Secretary of Labor. e. Thl contractor will turnish all information and reports required by Executive Order 11246 and by rules, regulations, and orders of the Secretary of Labor. pursuant thereto. and will permrt access to its books. records. and accounts by the Federal Highway Administration (FHWA) and the Secretary of Labor for purposes of investigation to ascertain compliance w~h such NIeS, regulations. and orders. I. In the event of the contractor's noncompliance with the nondiscrimination clauses of this Section II, paragraph 3, or wrth any of the said NIeS, regulations, or orders. this contract may be canceled, terminated, or suspended in whole or in part. The contractor may bl declarld ineligible lor turther Govlrnment contracts or tederally-assisted constNction contracts in accordance with procedures authorized in Executive Order' '246 and such other sanctions as may be imposed and remedies invoked as provided in Executive Order" 246 or by rule, regulation. or order of the Secretary of Labor. or as otherwise provided by law. 9- The contractor will include tha provisions of this Section II, paregraph 3, in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor. unless Ixempted by Nles. regulations, or orders 01 the Secrltary 01 Labor issued pursuant to Section 204 of Executive Ordlr , 1246. The contractor will take such action with respect to any subcontract or purchasl order as thl SHA or the FHWA may direct as a mlans 01 entorcing such provisions, including sanctions for noncompliance. In the event a contractor becomes a party to litigation by a subcontractor or vendor as a resu~ 01 such direction, the contractor may request thl SHA to enter into such Ihigation to protect the interest of the State. In addhion. the contractor may request the Unrted States to enter into such Irtigation to protect the interests of the Unhed Slates. 4. Sllactlon of Subcontractors, Procurlmlnt of Matlrllls, and l.8sslng of Equipment: a. The contractor shall not discriminate on the grounds of race, color, sex. or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. In all solicitations made by the contractor each potential subcontractor or supplier shall be notHied by the contractor of the contractor's obligations under this contract relative to nondiscrimination on the grounds 01 race, color, sex, or national origin. FHWA '273 Rev,II8; 12....; FR-5 I I I I I I I I I 11 I I I I I I I I I 94 .1 b. In the event 01 the contracto~s noncompliance with the nondlscnmlnatlOn proVISions of thIs SectIOn II, paragraph 4. this contract may be subject to sanctIons including but not limited to the withholding of payments to the contractor under Ihe contract until the contractor complies and/or cancellation, termination, or suspension of the contract in whole or in part. c. The contractor shall include the provisions of this paragraph 4 in every subcontract. including procurement of materials and leases 01 aquipment. The contractor shall take such action with respect to any subcontractor or procurement as the SHA or the FHWA may direct as a means 01 anlorcing such provisions, including sanctions for noncompliance. In the event a contractor becomes involved in, or is threatened with, litigation by a subcontractor or supplier as a resull of such dirac\ion, the contractor may request the SHA to enter into such litigation to prolect the interests 01 the Stale. In addition, the contractor may request the Unrted States 10 enter into such litigation to protect the interests of the United States. 5. Glnarll Participation Raqulramants: a Policy: It is the policy of the DOT that disadvantaged business anterprisas (DBE's), as delined in 49 CFR Part 23, shall have equal opportunity to participate in tha performance 01 contracts linanced in whola or in part wrth Federal lunds. Consequently, tha requirements of 49 CFR Part 23 apply 10 this contract. b. Obligation: The contractor agrees to take all nllCllssary steps to ensure that eligible businesses, as defined in 49 CFR Part 23, have equal opportunrty to compete lor and perform subcontracts financed in whole or in part with Federal funds provided under this contract. c. The contractor's failure to carry out the requirements of paragraphs 5a and 5b of this Section II shall conslrtute a breach 01 contract and may resull in termination of the contract or other appropriate action. d. The contractor shall provide all information and reports required by 49 CFR Part 23 or directives issued pursuant thereto, and shall permrt ac:cass to its books, records, accounts. Olher sources 01 information and lis facilities as may be determined by the SHA or the FHWA to be pertinent to ascertain compliance wrth Ihe regulations or directives. . FHWA '273 Rov.8/89 12-4.a; III. NONSEGREGATED FACIUTIES (Applicable to Federal-aid constructIOn contracts and related subcontracts exceeding $10.000,) a By submission 01 this bid, the execution 01 this contract or subcontract, or the consummation of this material supply agreement or purchase order, as appropriate, the bidder, Federal-aid construction contractor, subcontractor, material supplier, or vendor, as appropriate, cert~ies that the Iirm does not maintain or provide for its employees any segregated tacilrties at any 01 its establishments, and that the firm does not permit its employees to perform their services at any location, under its control, where segregated facilities ara maintained. The Iirm agrees that a breach of this certilicalion is a violation 01 the Equal Opportunity Clause in Ihis contract. The firm further certifies that no employee will be denied accass to adequate facilities on the basis of sex. b. As used in this certification, the term 'segregated fac~rties' means any warting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timaclocks. locker rooms, and other storege or drassing areas, parking lots, drinking tountains. recreation or entertainment araas. transportation. and housing facilities provided for amployees which ara segregated by explicit directive, or are, in fact, segregated on the basis of race. color, religion, or national origin, because 01 habit, local custom, or otherwise. c. The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior 10 award of subcontracts or consummation of material supply agreements exceeding $10,000 and that II will retain such certilications in its files. IV. PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to Federal-aid construction contracts exceeding $2,000 and related subcontracts.) 1. Ganaral: a All mechanics and laborers employed or working upon the site 01 the work will be paid uncondrtionally and not less often than once a week and wllhout 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 amounts of wages and bona fide fringe benefits FR.o I I I I I I I I I , I I I I I I I ~ ; - I I 94 4 (or cash equIValents thereof) due al t.me of payment. The payment shall be computed al wage rates not less than those contained in the wage determination at the Secretary at Labor (hereinafter "the wage determination") which is anached hereto and made a part hereot. regardless of any contractual relationship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics. The wage determination (including any add~ional class~ications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH-1321) or Form FHWA-1495) shall be posted at all limes by the contractor and ~s subcontractors at the s~e 01 the work in a prominent and accessible place where ~ can be easily seen by the workers. For the purpose of this Section, contributions made or costs reasonably anticipaled lor bona fide Iringe benel~s under Section I (b)(2) of the Davis-Bacon Act (40 U.S.C. 276a) on behail of laborers or mechanics ara considered wages paid to such laborers or mechanics. subject to the provisions of Section IV. paragraph 3b, hereof. Also. for the purpose of this Section, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans. lunds. 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 lringe benelits on the wage determination for the classification of work actually perlormed, without regard to skill. except as provided in paragraphs 4 and 5 of this Section IV. b. Laborers or mechanics perlorming work in more than one classUication may be compensated at the rate spec~ied lor each classUication for the time actually worked therein. provided. that the employer's payroll records accurately set forth the time spent in each class~ication in which work is perlormed. c. All rulings and interpretations 01 the Davis- Baeen and Related Acts contained in 29 CFR Parts 1. 3, and 5 are herein incorporated by reference in this contract. 2. Classification: a The SHA contracting officer shall require that any class of laborers or mechanics employed undar the contract, which is not listed in the wage determination, shall be classified in conformance with the wage determination. b. The contracting officer shall approve an add~ional classification, wage rate and Iringe benefits therefor only when the lollowing cr~eria have been met: (1) the work to bo pertormed by the additional classification requested is not pertormed by a classilicatlon in the wage determination; (2) the additional classification is utilized in the area by the construction industry; and (3) the proposed wage rate. including any bona fide fringe benefrts. bears a reasonable relationship to the wage rates contained in the wage determination. c. II the contractor or subcontractors, as appropriate, the laborers and mechanics (~ known) to be employed in the add~ional classUication or their representatives, and the contracting officer agree on the class~ication and wage rate (including the amount designated lor Iringe benef~s where appropriate), a repon 01 the action taken shall be sent by the contracting officer to the U.S. Department of Labor, Administrator of the Wage and Hour Division. Employment Standards Administration. Washington, D.C.20210. The Wage and Hour Administrator, or an authorized representative, will approve. modUy, or disapprove every add~ional classUication action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 3o.day period that additional time is necessary. d. In the event the contractor or subcontractors. as appropriate, the laborers or mechanics to be employed in the additional classification or their representatives, and the contracting officer do not agree on the proposed c1assUication and wage rate (including the amount designated lor fringe benef~s. where appropriata). the contracting officer shall reler the questions, including the views of all interested parties and the recommendation at the contracting officer, to the Wage and Hour Administrator lor determination. Said Administrator, or an authorized representative. will issue a determination within 30 days 01 receipt and so advise the contracting officer or will notify the contracting officer w~hin the 30-day period that add~ionaltime is necessary. e. The wage rate (including fringe benel~s where appropriate) determined pursuant to paragraph 2c or 2d of this Section IV shall be paid to all workers performing work in the additional classification Irom the lirst day on which work is perlormed in the classilication. FHWA 1273 RoY.8/s. '2..... FR.7 I 'I I I I I I I I p I I I I I I I . I I !J4 4 3. Payment 01 Fringe BeneUt.: a Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechaniCS includes a Iringe benef~ which is not expressed as an hourly rate. the contractor or subcontractors. as appropriate. shall e~her pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefrt or an hourly cash equivalent thereof. b. II the corttractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, helshe may consider as part 01 the wages of any laborer or mechanic the amount at any costs reasonably anticipated in providing bona fide Iringe benef~s under a plan or program. provided. that the Secretary of Labor has lound, 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. 4. Apprentice. and Traina.. (Program. 01 tha U.S. Depanmant 01 Labor): a. Apprentices: (1) Apprentices wiD be permitted to work at less than the predetermined rate lor the work they perlormed when they are employed pursuant to and individually registered in a bona lide apprenticeship program registered with the U.S. Depanment of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau. or K a person is employed in hislher 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 certilied by tha Bureau of Apprenticeship and Training or a State apprenticeship agency (where appropriate) to be eligible lor probationary employment as an apprentice. (2) The allowable ratio 01 apprentices to journeyman-level employees on the job srte in any craft classUication shall not be greater than the ratio permitted to the coMractor as to the entire work lorce under the registered program. Any employee ~sted 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 listed in the wage determination lor the classification of work FHWA '273 Rev. Willi 12-4-89 FR-8 actually pertormed. In addition. any epprentlce performing work on the lob srte In excess of the ratio permlned under the regIstered program shall be paid not less than the applicable wage rate on the wage determination lor the work actually pertormed. Where a contractor or subcontractor is pertorming 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-level hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. (3) Every apprentice must be paid at not less than the rate specified in the registered program tor the apprentice's level 01 progress, expressed as a percentage of the journeyman-level hourly rate specified in the applicable wage determination. Apprentices shall be paid Iringe benef~s in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify Iringe beneiits. apprentices must be paid the lull amount 01 Iringe benef~s listed on the wage determination lor the applicable classification. If the Administrator lor the Wage and Hour Division determines that a dUlerent practice prevails for the applicable apprentice classKication, Iringes shall be paid in accordance with that determination. (4) In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by the Bureau. w~hdraws approval of an apprenticeship program, the contractor or subcontractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the comparable work perlormed by regular employees until an acceptable program is approved. b. Trainees: (1) Except as provided in 29 CFR 5.16. trainees will not be permitted to work alless than the predetermined rate lor the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certUication by the U.S. Department of Labor, Employment and Training Administration. (2) The ratio of trainees to journeyman-level employees on the job s~e shall not be greater than permined under the plan approved by the Employment and Training Administration. Any employee listed on the payroll at a trainee rate who is not registered and panicipating in a I 94 4 I trainIng plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determInation tor the classification of work actually performed. In addition. any trainee performing work on the job s~e 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. (3) Every trainee must be paid at not less than the rate specified in the approved program for his/her level of progress. expressed as a percentage of the journeyman-level hourly rate spacUied in the applicable wage determination. Trainees shall be paid fringe benefits in accordance w~h the provisions 01 the trainee program. "the trainee program does not mention fringe benefits. trainees shall be paid the lull amount 01 fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated w~h the corresponding journeyman-level wage rate on the wage determination which provides for less than full fringe benel~ lor apprentices, in which case such trainees shall receive the same fringe benef~s as apprentices. (4) In the event the Employment and Training Administration withdraws approval of a training program. the contractor or subcontractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate lor the work pertormed until an acceptable program is approved. I I I I I I I ., I I c. Equal Employment Opportunify; I The utilization 01 apprentices, trainees, and journeymen-level employees shall be in conformify wilh the equal employment opportun~ requirements 01 Executive Order 1 1246, 23 CFR 230A. and 29 CFR Part 30. I I 5. Apprenllc.. and Tralne.. (Program. of tha U.S. Depanment 01 Transportation): I Apprentices and trainees working under apprenticeship and skill training programs which have been cenilied by the Secretary 01 Transportation as promoting equal employment opponunity in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates lor I I I appren1tcOS and tratnees 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 01 the particular program. 6. Withholding: The SHA shall upon its own actIOn or upon written request of an authorized representatIVe of the DOL withhold, or cause to be w~hheld, from the contractor or subcontractor under this contract or any other Federal contract w~h the same prime contractor, or any other federally-assisted contract subject to Davis- . BaCDn prevailing wage requirements which is held by the same prime contractor. as 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 lull amount of wages required by the contract. In the event of lailure to pay any laborer or mechanic. including any apprentice. trainee. or helper, employed or working on the s~e of the work, all or pan of the wages required by the contract. the SHA contracting officer may, alter written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment. advance, or guarantee 01 lunds until such violations have ceased. 7. OVanlme Requirement.: No Contractor or subcontractor contracting lor any part 01 the contract work which may require or involve the employment of laborers. mechanics. watchmen. or guards (including apprentices and trainees described in paragraphs 4 and 5 above) shall require or permit any laborer, mechanic, watchman. or guard in any workweek in which he/she is employed on such work, to work in excess of 40 hours in such workweek unless such laborer, mechanic, watchman. or guard receives compensation at a rate not less than one- and-one-half times hislher basic rate 01 pay for all hours worked in excess of 40 hours in such workweek. 8. Violation: Uabil~y lor Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set forth in paragraph 7 above, the contractor and any subcontractor responsible therefor shall be liable to the affected employee lor hislher unpaid wages. In addition, such contractor and subcontractor shall be liable to the Un~ed States (in the case 01 work done FHWA '273 Rev. 818. '2..... FR-i I I I I I I I I I t I I I I I I I Y I 94 <1 under contract lor the District of ColumbIa or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed w~h resp8Clto each individual laborer. mechanic. watchman. or guard employed in violation of the clause set fonh in paragraph 7, in the sum of $10 lor each calendar day on which such employee was required or permitted to work in excess of the standard workweek 01 40 hours without payment of the overtime wages required by the clause set forth in paragraph 7. 9. Withholding for Unpaid Wage. and Liquidated Damage.: The SHA shall upon its own action or upon written request 01 any authorized representative of the DOL withhold, or cause to be w~hheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or eny other Federal contract w~h the same prime contractor, or any other lederally-assisted contract subject to the Contract Work Hours and Safely Standards Act, which Is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabil~ies of such contractor or subcontractor for unpaid wages and liquidated damagas as provided in the clause set lonh in paragraph 8 above. V, 'STATEMENTSANDPAYROLLS (Applicable to Federal-aid construction contracts exceeding $2.000 and related subcontracts.) 1. Compliance with Copelartd Regulation. (29 CFR Pan 3): The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein incorporated by relerence. 2. Payrolla and Payroll Records: a Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of 3 years lrom the date 01 completion 01 the contract lor all laborers. mechanics. apprentices. trainees, watchmen. and guards working at the s~e of the work. b. The payroll records shall contain the name, social secur~ number, and address of each such employee, his or her correct FHWA '273 Rev.IISO 12......; FR.'O clas.iflcation. hourly rates of wages paid (including rates of contributions or costs antICipated for bona fide fringe benef~s or cash equivalents thereol of the types described in Section 1 (b)(2)(B) 01 the Davis-Bacon Act), daily and weekly number 01 hours worked, deductions made and actual wages paid. Whenever the Secretary 01 Labor, pursuant to Section IV, paragraph 3b. has found that the wages of any laborar or mechanic include the amount of any costs reasonably anticipated in providing benefits undar a plan or program described in Section 1 (b)(2)(B) 01 the Davis-Bacon Act, the contractor and aach subcontractor shall maintain records which show that the comm~ment to provide such benef~s is enforceable. that the plan or program is linancially responsible. and that the plan or program has been communicated in writing 10 the laborers or mechanics affected. and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors or subcontractors employing apprentices or trainees under approved programs shall maintain wrillen evidenCB of the registration 01 apprenticeship programs and cenilicalion of trainee programs, the registration 01 apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. c. Each contractor and subcontractor shall fumish each week in which any contract work is perlormed 10 the SHA rasident engineer a payroll 01 wages paid each of its employees (including apprentices and trainees described in Section IV, paragraphs 4 and 5 and watchmen and guards engaged on work during the preceding weekly payroll period). The payrolls submilled shall set out accurately and completely all 01 the information required to be maintained under paragraph 2b 01 this Section V. This information may be submitted in any form desired. Optional Form WH-347 is available lor this purpose and may be purchased lrom the Superintendent of Documents (Federal stock number 029-005- 0014.1), U.S. Government Printing Ollice, Washing1On, D.C_ 20402. The prime contractor is responsible lor the submission 01 copies 01 payrolls by all subcontractors. d. Each payroll submiUed shall be accompanied by a 'Statement of Compliance,' signed by the contractor or subcontractor or his/her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: I I I I I I I I I I~ '" I I I I I I I I I 94 4 (1) thaI the payroll for the payroll perIOd contains the information required to be maintained under paragraph 2b of this Secllon V and that such information is eerract and complete; (2) that such laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll perIOd has been paid the lull weekly wages earned. w~hout rebate. either diractly or indirectly, and that no deductions have been made either directly or indirectly from the lull wages earned. other than permissible deductions as set forth in the Regulations. 29 CFR Part 3; (3) that each laborer or mechanic has been paid not less than the applicable wage rates and Iringe benef~s or cash equivalents for the classilication of work performed, as specified in the applicable wage determination incorporated into the contract. e. The weekly submission 01 a properiy executed certilication set fonh on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 2d of this Section V. I. The lalsUication of any of the above cert~ications may subject the contractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 01 the Un~ed States Code. g. The contractor or subcontractor shall make the records required under paragraph 2b of this Section V available tor inspection, copying. or transcription by authorized representatives of the SHA, the FHWA. or the DOL, and shall perm~ such representatives to interview employees during working hours on the job. n the contractor or subcontractor lails to submit the required records or to make them available. the SHA, the FHWA. DOL. or all may. alter written notice to the contractor. sponsor, applicant. or owner, take such adions as may be necessary to cause the suspension of any lurther payment. advance, or guarantee of lunds. Furthermore. failure to subm~ the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR 1. On all Federal-aid primary. urban. and Interstate System contracts, except those which provide solely tor the installation at protective devices at railroad grade crossings, those which are constructed on a force account or direct labor basis. highway beautilication contracts, and contracts lor whIch the total linal construction cost for roadway and bridge is less than $1,000.000 (23 CFR Part 635) the contractor shall: a Become familiar with the list of specific materials and supplies contained in Form FHWA-47. "Statement of Materials and Labor Used by Contractor 01 Highway Construction Involving Federal Funds," prior to the commencement 01 work under this contract. b. Maintain a record of the total cost of all materials and supplies purchased lor and inccrporated in the work, and also of the quant~ies of those specific materials and supplies listed on Form FHWA-47, and in the units shown on Form FHWA-47. c. Furnish. upon the completion of the contract, to the SHA resident engineer on Form FHWA-47 together with the data required in paragraph 1 b relative to materials and supplies, a linal labor summary 01 all contract work indicating the lolal hours worked and the total amount earned. 2. At the prime contractor's option. either a single report covering all contract work or separate reports lor the contractor and lor each subcontract shall be submitted. VII. SUBLETTING OR ASSIGNING THE CONTRACT 1. The contractor shall pertorm with its own organization contrad work amounting to not less than 30 percent (or a greater percentage if specilied elsewhere in the eentract) 01 the total original contract price, excluding any specialty items designated by the State. Specialty ~ems may be performed by subcontract and the amount of any such specialty ~ems so performed may be deducted lrom the total original contract price before computing the amount of work required to be pertormed by the contractor's own organization (23 CFR Part 635). a "Its own organization" shall be construed to include only workers employed and paid directly by the prime contractor and equipment owned or rented by the prime contractor, with or without operators. Such term does not inciude employees or equipment FHWA '273 RoY. 8180 12.4-89 FR-" I 94 4 I of a subcontractor. assIgnee. or agent of the prime contractor. b. 'Speclalty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities. or equipment not ordinarily availabie in the type of contracting organizations qualified and expected to bid on the contract as a whole and in general are to be lim~ed to minor components of the overall contract. I I I I 2. The contract amount upon which the requirement set forth in paragraph 1 of this Section VII is computed includes the cost of materials and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has lull authority to direct perlormance of the work in accordance with the contract requirements. and is in charge of all construction operations (regardless of who pertorms the work) and (b) such other 01 its own organizational resources (supervision. management. and engineering services) as the SHA contracting officer determines is necessary to assure the perlormance of the contract. 4. No portion 01 the contract shall be sublet, assigned or otherwise disposed of except w~h the written consent of the SHA eentracting officer, or authorized representative, and such consent when given shall not be construed to relieve the eentractor of any responsibil~ lor the fuKillment of the contract. Written consent will be given only alter the SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. I I I l'r I I VIII. SAFETY: ACClDENTPREVENllON I 1. In the perlormance of this contract the contractor shall comply w~h all applicable Federal, State, and local laws governing salety, health, and san~tion (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 SHA contracting officer may determine, to be reasonably necessary to protect the IUe and hea~h 01 employees on the job and the safety 01 the public and to protect. property in connection w~h the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a cond~ion of each subcontract entered into pursuant to this contract, that the contractor and any subcontractor shall not require any laborer or mechanic employed in performance of the contract to work in surroundings or under conditions which are unsanitary, hazardous. or I I I I t" I FHWA 1273 Rev. 8/80 12....g dangerous to hlslher heatth or safety. as determined under constructIon safety and health standards [Title 29. Code of Federal Regulations. Part 1926 (Iormerly Part 1518) as may be revised] promulgated by the Secretary of Labor. In accordance with Section 107 of the Contract Work Hours and Safety Standards Act (83 Sial. 96). IX_ FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS In order to assure high qual~ and durable construction in conform~ 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 lunctions as carelully, thoroughly, and honestly as possible. Wililul falsUication. distonion. or misrepresentation with resp8Clto any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts. the following notice 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 w~h the project: NonCE TO ALL PERSONNEL ENGAGED ON FEDERAL-AID HIGHWAY PROJECTS Title 18. United States Code. Section 1020, reads as follows: "Whoever, being an officer. agent. or employee of the United States, or of any State or Terr~ory, or whoever. whether a person. association. firm. or corporation. knowingly makes any lalse statement, false representation, or false repon as to the character. qual~y, quantity, or cost 01 the material used or to be used. or the quantity or quality 01 the work perlormed or to be performed, or the costs thereof in connection with the submission of plans, maps, specifications, contracts, or costs 01 construction on any highway or related project submilled lor approval to the Secretary of Transportation: or "Whoever knowingly makes any false statement, false representation. false repon or lalse claim w~h resp8Cl1O the character, quality, quantity, or cost of any work performed or to be perlormed. or materials lurnished or to be furnished. in connection with the construction 01 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 FR-12 I' I I I I I I I I It I I I I I I I {~ r~ I 94 4 statement. cert~icate. or report submitted pursuant to prOVISIons of the Federal.Aid Roads Act approved July " 1916. (39 Stat. 355), as amended and supplemented; "Shall be fined not more than $ 1 0,000 or imprisoned not more than 5 years. or both," x. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLunON CONTROL ACT (Applicable Federal-aid construction contracts and related subcontracts exceeding $100,000.) By submission 01 this bid, or the execution of this contract or subcontract, as appropriate, the bidder, Federal-aid construction contractor, or subcontractor, as appropriate. will be deemed to have stipulated as follows: 1. That any lacil~ that is or will be utilized in the perlormance of this contrect, unless such contract is exempt under the Claan Air Act, as amended (42 U.S.C. 1857 et seq., as amended by Pub. L 91 -604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251, et seq., as amended by Pub. L 92-500). Executive Order 11738, and regulations in implementation thereol (40 CFR Part 15) is not listed, on the date of contrect award, on the U.S. Environmental Protection Agency (EPA) List of VIOlating Facililies pursuant to 40 CFR 15.20. 2. That the firm agrees to comply and remain in compliance with alltha requirements 01 Section 114 01 the Clean Air Act and Section 308 01 the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. 3. That the lirm shall promptly notify the SHA of the receipt 01 any communication Irom the Director, Office of Federal Activities, EP A. indicating that a lacil~ that is or will be utilized lor the contrad is urtder consideration to be listed on the EPA Ust of VIOlating Facilities. 4. That the lirm agrees to include or cause to be included the requirements 01 paragraphs 1 through 4 01 this Section X in every nonexempt subcontrllCl, and lurther agrees to take such action as the govemment may direct as a means of enlorcing such requirements. XL CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBIUTY AND VOLUNTARY EXCLUSION-LOWER TIER COVERED TRANSACTIONS (Applicabla to all subcontractors, material suppliers, vendors and other lower tier participants.) 1. Inatructlon. lor Cert"lcallon: a By signing and submitting this proposal, the prospective lower tier panicipant IS providing the certilication set out below. b. The certilication in this clause is a material representation of fllCl upon which reiiance was placed when this transaction was entered into. II it is later determined that the prospective lower tier participant knowingly rendered an erroneous cenUication, 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 panicipant shall provide immediate written notice to the person to which this proposal is submitted iI at any time the prospective lower tier participant learns that its certUication was erroneous when submitted or has become erroneous by reason of changed circumstances. d. The terms "covered transaction; "debarred; 'suspended," "ineligible; "'ower tier covered transaction," "participant," "person," "primary covered transaction; "principal; "proposal; and "Voluntarily excluded; as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order t2549. You may contaclthe person to which this proposal is submitted lor assistance in obtaining a copy of those regulations. &. 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 lrom participation in this covered transaction, unless authorized by the department or agency w~h which this transaction originated. \. The prospective lower tier participant lurther agrees by submining this proposal that it will include this clause titled "Cen~ication Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion- Lower Tier Covered Transactiort," without modUication. in all lower tier covered transadions and in all solicUtions for lower tier covered transllClions. g. A participant in a covered transllClion may rely upon a cenilication 01 a prospective panicipant 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 may decide the method and frequency by which ~ determines the FHWA 1273 Roy. 8180 '2+811 FR.13 I I I I I I I I I f I I I I I I I 1 I 94 4 eligibility 01 ~s prlnclpBls. Each participant may. but is not required 10. check the Nonprocurement List. h. Nothing contaIned in the foregoing shall be construed to require establishment 01 a system of records in order to render in good faith the certilication required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. l Except for transactions authorized under paragraph e of these instructions, U a participant in a covered transaction knowingly enters into a lower tier covered transaction w~h 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 depanment or agency with which this transaction FHWA '273 Rev.8/1li '2..... Originated may pursue available remedl8s, including suspensIOn and/or debarment. 2. Certification Regarding Debarment, Suspenalon, Ineligibility and Voluntary Exclusion- Lower ner Covered Transactions: a The prospoclive lower tier participant cert~ies. by submission 01 this proposal, that ne~her ~ nor its principals is presently debarred. suspended. proposed lor debarment, declared ineligible, or voluntariiy excluded from participation in this transaction by any Federal department or agency. b. Where the prospective lower tier participant is unable to certify to any of tbe statements in this certification, such prospective participant shall anach an explanation to this proposal. FR-14 I I I I I I I I I It I I I I I I I f I 94 4 FEDERAL-AID FEMALE AND MINORITY GOALS In accordance w~h Section II. "Nondiscriminallon," paragraph 2b, 01 "Required Contract Provisions Federal- aid Construction Contracts" the lollowing are the goals for lemale utilization: Goal for Women (applies nationwide)..............(pen:ent) ............... 6.9 The following are goals lor mino~ utilization: CAUFORNIA ECONOMIC AREA Goal (Percent) 174 Redding, CA: Non.SMSA Countias ..................................... 6.8 CA Lassen; CA Modoc; CA Plumas; CA Shasta; CA Siskiyou; CA Tehama. 175 Eureka. CA: Non.SMSA Counties, .......,...........................6.6 CA Del Norte; CA Humboldt; CA Trin~. 176 San Francisco.Oakland.San Jose, CA: SMSA Counties: 7120 Salinas-Seaside. Monterey, CA.... ............................ 28.9 CA Monterey. 7360 San Francisco-Oakland, CA........25.6 CA Alameda; CA Contra Costa; CA Marin; CA San Francisco; CA San Mateo. 7400 San Jose, CA............................... 19.6 CA Santa Clara. 7485 Santa Cruz, CA.............-.............. 14.9 CA Santa Cruz. 7500 Santa Rosa. CA.._.......................... 9.1 CA Sonoma. 8720 Vallejo-Fairlield- Napa, CA.......... 17.1 CA Napa; CA Solano Non-SMSA Counlles ....................................23.2 CA Lake; CA Mendocino; CA San Ben~o. 1 n Sacramento, CA: SMSA Counties: 6920 Sacramento, CA. ...._.................. 16.1 CA Placer; CA Sacramento; CA Yolo. Non-5MSA Counties................................... 14.3 CA Butte; CA Colusa; CA EI Dorado; CA Glenn; CA Nevada: CA Sierra; CA Sutter; CA Yuba. 178 Stockton.Modesto, CA; SMSA Counties: 5170 Modesto, CA............................... 12.3 CA Stanislaus. 8120 Stockton, CA.............................. 24.3 CA San Joaquin. Non-SMSA Counties.................................... 19.8 CA Alpine; CA Amador; CA Calaveras; CA Mariposa; CA Merced; CA Tuolumne. 179 Fresno-Bakersfield, CA: SMSA Counties: 0680 Bakersfield, CA........................... 19.1 CA Kem. 2840 Fresno, CA.............._.................. 26.1 CA Fresno. Non.SMSA COuntias...._...............................23.6 CA Kings; CA Madera; CA Tulare. 180 Los Angeles. CA: SMSA Counties: 0360 Anaheim-Santa Ana-Garden Grove, CA..................................... 11.9 CA Orange. t2....g FR-15 I I, I I I I I I I , I I I I I I I . ;, ., I I 94 4 4480 Los Angeles-Long Beach. CA ..................................... 28.3 CA Los Angeles. 6000 Oxnard-Simi Valley- Ventura. CA................................... 21.5 CA Ventura. 6780 Riverside-San Bernardino- Ontario, CA................................... 19.0 CA Riverside: CA San Bernardino. 7480 Santa Barbara-Santa Maria- Lompoc, CA.................................. 19.7 CA Santa Barbara. Non-SMSA COunties....................................24.6 CA Inyo; CA Mono; CA San Luis Obispo. '2....8 181 San Diego. CA; SMSA Counties 7320 San Diego, CA. ........................... 1 6.9 CA San Diego. Non-SMSA Counties.................................... 18.2 CA Imperial. In addition to the reponing requirements set lonh elsewhere in this contract the Contractor and subcOntractors holding subcontracts, not including material suppliers, of S 1 0,000 or more, shall submit lor every month of July during which work is perlormad, employment data as contained under Form PR- 1391 (Appendix C to 23 CFR, Pan 230), and in accordance with the instructions included thereon. FR-16 I 94 4 I FEDERAL MINIMUM WAGES SOUTH I I Attention is directed to Section 6, 'Federal Requirements for Federal-Aid Construction Projects', in the Notice to Contractors and Special Provisions for this project; and Decision No. CA93-2 of the Secretary of Labor, included herein. I I GENERAL WAGE DETERMINATIONS ISSUED UNDER THE DAVIS-BACON AND RELATED ACTS I General Decision Number CA9J0002 I Superseded General Decision NO. CA910002 State: California I Construction Type: Build-ing Heavy Highway Residential I county ( ie.) : IMPERIAL INYO KERN LOS ANGELES HONO ORANGE RIVERSIDE SAN BERNARDINO SAN LUIS OBISPO SANTA BARBARA VENTURA I I BUILDING CONSTRU~ION PROJECTS: HEAVY CONSTRUCTICll PPt:lJ'EC'!'S (does not include oil .811 drillinq in Kern councy: dees noe include TV/Grout Work or Water Well Drilling); HIGHWAY and RESIDENTIAL CONSTRUCTION PROJECTS (includes slnqle ta~il! homes and apartments up to and inclUding 4 stories) ldoes noe include Inyo and Mono counties): DREDGING PROJECTS. i~is a~ae decision does no~ incluce hopper dredqe work or the lnzt~l:~tt~r. ot solar energy systems. I I , Modification Number o 1 , Publication Date Q~/19/199J 0)/05/199) 04/16/1993 05/07/199) 06/11/1993 Or,/25/1993 07/09/1993 I , . G I I I c.\~ :;\J002 - 1 I I I I I I I I I I I I I I I I I I I I 94 4 COUNTY ( ies) : IMPERIAL INYO KERN LOS ANGELES MONO ORANGE RIVERSIDE SAN BERNARDINO SAN LUIS OBISPO SANTA BARBARA VENTURA ASBE0005B 01/01/1993 Rates Fringes IMPERIAL, INYO, KERN, LOS ANGELES, ORANGE, RIVERSIDE, SAN BERNARDINO, SAN LUIS OBISPO, SANTA BARBARA AND VENTURA COUNTIES: INSULATOR/ASBESTOS WORKERS: Insulator/asbestos workers Hazardous material handler 26.31 10.75 7.53 1. 75 SCOPE OF WORK: INSULATOR/ASBESTOS WORKER: includes application of all insulating materials, -protective coverings, coatings and finishings to all types of mechanical systems HAZARDOUS MATERIAL HANDLER: duties limited to: preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials, whether they contain asbestos or not, from mechanical systems ---------------------------------------------------------------- ASBE0016C 08/01/1992 Rates Fringes MONO COUNTY: INSULATOR/ASBESTOR, WORKERS 29.60 5.88 SCOPE OF WORK: includes application of all insulating materials, protective coverings, coatings and finishings to all types of mechanical systems ---------------------------------------------------------------- * BOIL0092A 07/01/1993 BOILERMAKERS Rates 26.18 Fringes 7.79 ---------------------------------------------------------------- BRCA0004B 05/01/1991 Rates RIVERSIDE AND SAN BERNARDINO COUNTIES: Fringes CA930002 - 2 I I I I I I I I I I I I I I I I I I I 94 4 BRICKLAYERS; STONEMASONS: AND MARBLE SETTERS: Fort Irwin Army Training Center: Naval Air Weapons Station, China Lake; and Twenty-nine Palms Marine Base 29.44 Remainder of Riverside and San Bernardino Counties 23.82 5.30 5.30 BRCA0004C 09/01/1992 Rates LOS ANGELES, ORANGE AND VENTURA COUNTIES: Fringes TERRAZZO WORKERS AND TILE SETTERS 24.99 6.60 BRCA0004D 11/01/1992 Rates Fringes IMPERIAL COUNTY: BRICKLAYERS; STONEMASONS; MARBLE SETTERS 22.78 5.95 BRCA0004E 07/01/1992 Rates Fringes VENTURA COUNTY: BRICKLAYERS 22.00 6.1J BRCA0004F 07/01/~992 Fringes Rates SAN LUIS OBISPO AND SANTA BARBARA COUNTIES: BRICKLAYERS: STONEMASONS; MARBLE, TERRAZZO AND TILE SETTERS 23.60 5.25 BRCA0004G 08/01/1992 Rates Fringes INYO, KERN AND MONO COUNTIES: BRICKLAYF.RS: STONEMASONS: CA930002 - ] I I I I I I I I I I I I I I I I I I I 94 4 Edwards Air Force Base; and Naval Air Weapons Station, China Lake 26.90 5.21 Remainder of Inyo and Kern Counties; and Mono County 23.15 5.21 ---------------------------------------------------------------- BRCA0004H 05/01/1992 Rates Fringes KERN, LOS ANGELES, ORANGE, RIVERSIDE, SAN BERNARDINO, SAN LUIS OBISPO, SANTA BARBARA AND VENTURA COUNTIES: MARBLE SETTERS 25.32 6.05 ---------------------------------------------------------------- BRCA0004J 09/01/1992 Rates Fringes KERN, LOS ANGELES, ORANGE, RIVERSIDE, SAN BERNARDINO, SAN LUIS OBISPO, SANTA BARBARA AND VENTURA COUNTIES: MARBLE AND TILE FINI~HERS 19.27 6.97 ---------------------------------------------------------------- BRCA00040 09/01/1992 Rates Fringes IMPERIAL COUNTY: TERRAZZO & TILE SETTERS 24.99 6.60 ---------------------------------------------------------------- BRCA0004P 09/01/1992. Rates INYO, KERN, LOS ANGELES, MONO, ORANGE, RIVERSIDE, SAN SAN LUIS OBISPO, SANTA BARBARA AND VENTURA COUNTIES: Fr inge!.". BERNARDINO, TERRAZZO WORKERS 24.99 6.60 ---------------------------------------------------------------- BRCA0004R 10/01/1992 Rates RIVERSIDE AND SAN BERNARDINO COUNTIES: Fringes TILE SETTERS 24.99 5.52 ---------------------------------------------------------------- BRCA0004S 09/01/1992 Rates Fringes IMPERIAL COUNTY: CA9J0002 - 4 I I i I I I I I I I I I I I I I I I I I 94 4 TERRAZZO AND TILE SETTERS ---------------------------------------------------------------- 24.99 6.60 BRCA0004U 05/01/1993 LOS ANGELES COUNTY: BRICKLAYERS; STONEMASONS Rates Fringes 26.37 6.05 ---------------------------------------------------------------- BRCA0004V 11/01/1991 INYO, KERN AND MONO COUNTIES: TILE SETTERS: Edwards Air Force Base; and Naval Air Weapons Station, China Lake Remainder of Inyo, Kern and Mono Counties BRCA0004W 05/01/1992 ORANGE COUNTY: BRICKLAYERS; STONEMASONS; MARBLE SETTERS BRCA0007F 08/01/1992 INYO AND MONO COUNTIES: MARBLE SETTERS CARP0002A 07/01/1992 CARPENTERS: Work on single family homes & apartments up to and including 4 stories: Framer & finish carpenter Insulation installer Shingler Concrete & form worker C,\9]0002 - :J Rates Fringes 20.40 3.40 17.40 3.40 Rates Fringes 24.25 5.10 Rates Fringes 26.80 10.55 Rates Fringes 17.69 4.30 15.50 J.55 16.42 3.30 13.17 .1.30 I I I I I I I I I I I I I I I I I I I 94 4 Residential fence builder Cabinet installer Subterranean garage concrete construction All other work: Inyo, Kern and Mono Counties: Carpenters (including drywall lathing), cabinet installer, insulation installer, floor worker and acoustical installer Shingler Saw filer Table power saw operator Pneumatic nailer or power stapler Commercial fence builder Roof loader of shingles (commercial) Millwright Pile driver; Derrick barge; Bridge or dock carpenter; Cable splicer; Heavy framer; Rock slinger Head rock slinger Rock barge or scow Remainder of counties: carpenters, cabinet installer, insulation installer, floor wor}:er and acoustical installer Shingler Saw filer Table power paw operator Pneumatic nailer or power stapler Commercial fence builder Roof loader of shingles (com- mercial) Millwright Pile driver; Derrick barge; Bridge or dock carpenter; Cable splicer; Heavy framer; Rock slinger Head rock slinger Rock barge or scow 17.01 18.09 4.80 4.80 18.17 4.80 23.23 4.80 23.36 4.80 23.31 4.80 23.33 4.80 23.48 4.80 21.51 4.80 16.35 4.80 24.30 4.80 23.93 24.03 23.83 4.80 4.80 4.80 23.80 4.80 23.93 4.80 23.88 4.80 23.90 4.80 24.05 4.80 21. 51 4.80 16.75 4.80 24.30 4.80 23.93 24.03 23.83 4.80 4.80 4.80 ---------------------------------------------------------------- CARP0002B 07/01/1991 CA9J0002 - 6 Rates Fringes I I I I I I I I I I I I I I I I I I I 94 4 DIVERS: Diver, wet Diver, stand-by Diver tender 52.86 26,43 25.43 4.40 4.40 4.40 NOTE: Divers shall receive a minimum of 8 hours pay for any day or part thereof. ---------------------------------------------------------------- CARP0002C 07/01/1990 DRYWALL INSTALLERS/LATHERS: Work on single family hones and apartments up.to and including 4 stories All other work Rates Fringes 18.53 23.24 4.23 4.23 ---------------------------------------------------------------- CARP0003P 08/01/1991 INYO, KERN AND MONO COUnTIES: MARBLE, TERRAZZO & TILt FIiiISHERS: Edwards Air Force Base; ~nd Naval Air Weapons Station, China Lake Remainder of Inyo, Kern ~nd Mono Counties Rates Fringes 16.78 3.15 13.78 3.15 ---------------------------------------------------------------- CARP0011C 06/01/1990 Rates Fringes LOS ANGELES, ORANGE, RI'!E2SIDE, SAN BERNARDINO, SAN LUIS OBISPO, SANTA BAROARA AND VEtITL"l'.l, '''':.:i:NTIES: MARBLE AND TILE FINISHERS 19.21 6.32 ---------------------------------------------------------------- CARPOl17A 06/01/1991 Rates Fringes KERN, LOS ANGELES, ORANGE, RIVERSIDE, SAN BERNARDINO, SAN LUIS OBISPO, SANTA BARBARA AND ':::::TURA COUNTIES: TERRAZZO FINISHERS ELEC0011A 09/01/1992 LOS ANGELES COUNTY: ... .. .1)02 - 20.98 3.80 Rates Fringes I I I I I I I I I I I I I I I I I I I 94 4 ELECTRICIANS: Work on single family homes and apartments up to and including 4 stories Tunnel work: Electrician Cable splicer All other work: Electrician; Traffic signal installer Cable splicer 15.40 3% + 4.11 28.00 3% + 8.44 28.60 3% + 8.44 25.20 3% + 8.44 25.80 3% + 8.44 ---------------------------------------------------------------- ELECOOllB 08/01/1992 Rates Fringes LOS ANGELES COUNTY: LINE CONSTRUCTION: Line technician Cable splicer Ground person 25.20 25.80 15.12 3% + 7.94 3% + 7.94 3% + 7.94 ---------------------------------------------------------------- ELEC0011C 12/01/1992 Fringes BERNARDINO, Rates INYO, KERN, LOS ANGELES, MONO, ORANGE, RIVERSIDE, SAN SAN LUIS OBISPO, SANTA BARBARA AND VENTURA COUNTIES: COMMUNICATIONS AND SYSTEMS WORK: Kern, Los Angeles, Orange, San Luis Obispo, Santa Barbara -and Ventura Counties: Communications & systems installer 16.15 Communications & systems technician' 17.90 Sound technician (Los Angeles County only) 18.90 Alarm technician II (Orange county only) (duties limited to pulling wire to and terminating devices; not to install devices that interface with other con- tractors (mounting waterflow, duct detectors, dampers or connecting control panels) 13.93 3% + 3.40 3% + 3.40 3% + 3.40 3% + 3.40 Inyo, Mono, Riverside and San Bernardino Counties: communications & systems CA930002 - 8 I 94 4 I I I I I I installer communications & systems technician 16.63 3% + 2.75 18.38 3% + 2.75 SCOPE OF WORK: Installation, testing, service and maintenance of systems utilizing the transmission and/or transference of voice, sound, vision and digital for commercial, educational, 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 systems, radio page, school intercom and sound, burglar alarms, fire alarm* and low voltage master clock systems. I I Communication Systems that transmit or receive information and/or control systems that are intrinsic to the above listed systems; Lnclusion or exclusion of terminations and testings of ~cnd~c~ors determined by their tunction; excluding all other data systems or multiple systems which include control function or power supply; excluding installation of raceway systems, line voltage work, and energy management systems. Does not cover work performed at China Lake Naval Ordnance Test St~tion, Edwards Air Force Base, Elk Hills Naval Petroleum Reserve, Point Arguello and Vandenberg Air Force Base. I In tne Counties of Inyo, Mono, Riverside and San Bernardino, fire ~iarm work shall be performed at the current inside wireman total cest package. I ELECQ',13/\ 06/01/1993 I I I I Rates Fringes :;,\i;T;, ",'.;Wi\RA COUNTY: ELF.CTP.TCL\l'1S: ~ork on sLnale family homes ana apartments up to and Lncludinq 4 stories 15.35 3% + 4.10 i'd 1 ot:;er \v'or~:: I POint Arguello and ~lndenberg Air Force Base: ~lectrical subcontracts over $50,000; Electricians Electricians, welding Cable splicers 28.67 29.17 30.17 J% + 6.40 J% + 6.40 3% t 6.40 I I CA9J()002 - ':. I I I I I I I I I I I I I I I I I I I I 94 ~ Electrical subcontracts of $50,000 or less: Electricians Electricians, welding Cable splicers Remainder of Santa Barbara County: Electrical subcontracts over $50,000: Electricians Electricians, welding Cable splicers Electrical subcontracts of $50,000 or less: Electricians Electricians, welding Cable splicers 24.90 25.40 26.40 3% + 6.4'0 3% + 6.40 3% + 6.40 24.92 3% + 6.40 25.42 3% + 6.40 26.42 3% + 6.40 21.15 3% + 6.40 21. 65 J% + 6.40 22.65 3% + 6.40 ---------------------------------------------------------------- ELEC0413B 06/01/1993 SANTA BARBARA COUNTY: LINE CONSTRUCTION: Vandenberg Air Force Base: Line technician: Equipment operator Cable splicer Ground person; Ground person/driver Remainder of Santa Barbara County: Line technician: Equipment operator . Cable splicer Ground person: Ground person/driver Rates Fringes 28.67 30.17 4% + 6.30 4?, + 6.30 21. 50 4'? + 6.30 24.92 26.42 4!.; + 6.30 4~o + 6.30 ---------------------------------------------------------------- 18.69 4?, .. 6.30 ELEC0428A 06/01/1993 KERN COUNTY: ELECTRICIANS: Edwards Air Force Base; and Naval Air Weapons Station, China Lake: Work on single family homes and apartments up to and CA930002 - 10 Rates Fringes I , I I I I I I I I I I I I I I I I I I 94 4 including 4 stories All other work: Electrician Cable splicer 4.25% +2.60 14.50 27.59 29.87 4.25% +5.15 4.25% +5.15 Remainder of Kern County: Work on single family homes and apartments up to and including 4 stories All other work: Electrician Cable splicer 13.50 4.25% +2.60 22.84 25.12 4.25% +5.15 4.25% +5.15 ---------------------------------------------------------------- ELEC0428B 06/01/1993 KERN COUNTY: Rates Fringes LINE CONSTRUCTION: Edwards Air Force Base; and Naval Air Weapons Station, China Lake: Ground person/Truck driver 21.88 Line technician; Heavy equipment operator 27.59 Cable splicer 29.87 4% + 5.15 4% + 5.15 4% + 5.15 Remainder of Kern County: Ground person/Truck driver 17.13 Line technician; Heavy equipment operator 22.84 Cable splicer 25.12 4% + 5.15 4% + 5.15 4% + 5..15 ---------------------------------------------------------------- * ELEC0440A 07/05/1993 Rates Fringes RIVERSIDE COUNTY: ELECTRICIANS: Work on single family homes and apartments up to and including 4 stories 14.50 00. + 2.91 .. 23.83 3 o. + 6.96 '. 24.33 J% + 6.96 24.13 J ?- + (,.96 " All other work: Electricians Cable splicers Electricians, welding ---------------------------------------------------------------- ELEC0440B 07/05/1992 Cr,<Jl0002 - 11 I I I I I I I I I I I I I I I I I I I 94 <1 RIVERSIDE COUNTY: LINE CONSTRUCTION: Line technician Cable splicer Ground person Rates Fringes 22.46 22.96 16.85 4% + 6.61 4% + 6.61 4% + 6.61 ---------------------------------------------------------------- ELEC0441A 12/01/1992 ORANGE COUNTY: ELECTRICIANS AND LINE CONSTRUCTION: ELECTRICIANS: Work on single family homes and apartments up to and including 4 stories All other work: Electricians Cable splicers LINE CONSTRUCTION: Line technician; Heavy equipment operator Cable splicer Ground person * ELEC0477A 06/01/1993 Rates Fringes 15.80 J% + 1.95 25.50 26.67 3% + 5.80 3% + 5.80 25.50 26.67 21.79 3% + 5.80 3% + 5.80 3% + 5.80 Rates INYO, MONO AND SAN BERNARDINO COUNTIES: Fringes ELECTRICIANS: Work on single family homes and apartments up to and including 4 stories (San Bernardino County only) All other work: Area within 75 road miles from the Main Post Office in San Bernardino: Electrical contracts over $3,000,000: Electricians Cable splicers O:A930002 - 12 14.50 3% + 2.85 22.29 22.79 3% + 8.14 3% + 8.14 I I I I I I I I I I I I I I I I I I I 94 a Electrician, welding Electrician, tunnel work Electrical contracts $3,000,000 & under: Electricians Cable splicers Electrician, welding Electrician, tunnel work Remainder of area: Electrical contracts over $3,000,000: Electricians Cable splicers Electrician, welding Electrician, tunnel work Electric~l contracts $3,000,000 and under: Electricians Cable splicers Electrician, welding Electrician ,- tunnel work 22.79 J% + 8.14 24.52 3% + 8.14 21. 95 3% + 8.14 22.45 3% + 8.14 22.45 J% + 8.14 24.15 3% + 8.14 29,29 3% + 8.14 29.79 3% + 8.14 29.79 3% + 8.14 31. 52 J% + 8.14 28.95 J% + 8.14 29.45 3% + 8.14 29.45 3% + 8.14 31. 15 3% + 8.14 ---------------------------------------------------------------- * ELEC0477B 06/01/1993 Rates INYO, MONO AND SAN BERNARDINO COUNTIES: Fringes LINE CONSTRUCTION: Within 75 rOud miles from the Main Post Office in San Bernardino, C~lifornia: Subcontr~cts under $2,000,000: Line technician Cable splicer; Line technician, welding Ground person Subcontracts over $2,000,000: Line technician Cable splicer; Line technician, welding Ground person Remainder of area: Subcontracts under $2,000,000: CA9J0002 - 13 21.85 4% + 8.10 4% + 8.10 4% + 8.10 4% + 8.10 4% + 8.10 4% + 8.10 22.35 16.39 22.14 22.64 16.61 I I I I I I I I I I I I I I I I I I I 94 4 Line technician Cable splicer; Line technician, welding Ground person Subcontracts over $2,000,000: Line technician Cable splicer; Line technician, welding Ground person 28.85 4% + 8.10 4% + 8.10 4% + 8.10 4% + 8.10 4% + 8.10 4% + 8.10 29.35 23.39 29.14 29.64 23.61 ---------------------------------------------------------------- ELEC0569C 02/01/1993 IMPERIAL COUNTY: LINE CONSTRUCTION: Commercial overhead line wor!:; Catenary work: Line technician; Heavy equipment operator Ground person Ground person/truck driver All other commercial underground line work: Line technician; Heavy equipment operator Ground person; Ground person/truck driver Rates Fringes 23.87 17.60 11.78 4% + 5.12 4% + 5.12 4% + 5.12 16.27 4% + 5.12 11. 58 4% + 5.12 ---------------------------------------------------------------- ELEC0569D 02/01/1993 IMPERIAL COUNTY: ELECTRICIANS: Work on single family homes and apartments up to and including 4 stories Sound work: Sound technician Telephone interconnect technician Sound person B Utility work: Utility technician #1 Utility technician #2 All other work: Electrical subcontracts over CACJ30002 - 14 Rates Fringes 14.31 3% + 2.57 16.91 3% + 3.. 35 13.52 3% + 3.35 11,84 3% + 2.76 15.81 3% + 1. 76 12.16 3% + 1. 76 I I I I I I I I I I I I I I I I I I I 94 4 $500,000: Electricians Cable splicers Electrical subcontracts of $500,000 or" less: Electricians Cable splicers 23.11 23.56 3% + 5.32 3% + 5.32 3% + 5.32 3% + 5.32 20.36 20.81 SCOPE OF WORK: Sound work: Assembly, installation, operation, service and maintenance of components or systems as used in closed circuit television, amplified master television distribution, CATV on private property, intercommunication, burglar "alarm, fire alarm, life support and all security alarms, private and public telephone and related telephone interconnect, public address, paging, audio, language, electronic, background music system less than line voltage or any system acceptable for class two wiring ror private, commercial, or industrial use furnished by leased wire, frequency modulation or other recording devices, electrical apparatus by means of which electricity is applied to the amplification, transmission, transference, recording or reproduction of voice, music, sound, impulses and video. Excluded from this Scope of Work - transmission, service and maintenance of background music. All of the above shall include the installation and transmission over fiber optics. Sound technician: Terminating, operating and performing final check-out Sound person B: Wire-pulling, splicing, assembling and installing devices Utility work: Utility technician #1: Installation of ~treet lights Jnd traffic signals, including electrical circuitry, programmable controller, pedestal-mounted electrical meter enclosures and laying of pre-assembled cable in ducts. The layout of electrical systems and communication installation including proper position ot trench depths, and radius at duct banks, location for manholes, street lights, and traffic signals. utility technician #2: Distribution of material at job site, installation of underground ducts for electrical, telephone, cable TV, and communication systems. The setting, leveling, grounding and raCking of precast manholes, handholes and transformer pads. ELEC0639A 06/01/1993 Rates Fringes SAN LUIS OBISPO COUNTY: ELECTRICIANS: CA930002 - 15 I I I I I I I I I I I I I I I I I I I :94 il' Work on single family homes and apartments up to and including 3 stories All other work: Electrical Contracts $60,000 or Electrician Cable splicers Electrical welders Electrical Contracts $60,001 to $1. 5M Electricians Cable splicers Electrical welders Electrical Contracts $1.5M and over Electricians Cable Splicers Electrical Welders 15.78 3% + 3.36 Less 22.00 24.00 23.01 5.90+3% 5.90+3% 5.90+3% 23.50 25.85 24.68 5.90+3% 5.90+3% 5.90+3% 26.00 28.60 27.30 5.90+3% 5.90+3% 5.90+3% ---------------------------------------------------------------- ELEC0639B 06/01/1992 SAN LUIS OBISPO COUNTV: LINE CONSTRUCTION: Line technician; Line truck operator; Line equipment operator Cable splicer Line welder Ground person Rates Fringes 23.25 25.58 24.41 17.44 4% + 5.56 4% + 5.56 4% + 5.56 4% + 5.56 ---------------------------------------------------------------- ELEC0952A 04/01/1993 VENTURA COUNTY: ELECTRICIANS: Area within 32 road miles from the nearest basing point: Electrician Cable splicer Remainder of Ventura County: Electrician Cable splicer Rates Fringes 25.40 27.94 J% + 6.75 J% + 6.75 J% + 6.75 3% + 6.75 30.40 32.94 Basing points: the main Post Office in the cities of Camarillo, Oak View, Oxnard, Santa Paula and Ventura. CA930002 - 16 I I I I I I I I I I I I I I I I I I I 94 4 ELEC0952B 04/01/1993 VENTURA COUNTY: LINE CONSTRUCTION: Area within 32 road miles from the nearest basing point: Line technician; Heavy equipment operator Cable splicers Ground person Remainder of Ventura County: Line technician; Heavy equipment operator Cable splicer Ground person - truck driver Rates Fringes 25.40 27.94 19.05 4% + 6.65 4% + 6.65 4% + 6.65 30.40 32.94 24.05 4% + 6.65 4% + 6.65 ,P':) + ().65 Basing points: the main Post Office in the cities of Camarillo, Oak View, Oxnard, Santa Paula and Ventura. ELEC1245A 06/01/1992 OUTSIDE UTILITY TRANSMISSION WORK: Line worker; Cable splicer Powder worker Ground person Line worker, welding Rates Fringes 24.88 23.63 16.10 26.12 3.75% +6.00 3.75% +6.00 3.75% +6.00 3.75% +6.00 Scope at Work: All outside work on electrical transmission lines, switchyards and substations, and outside work in electrical utility distribution systems owned, maintained and operated by electrical utility companies, municipalities, or qovernmental agenci'es engaged in utility operations \olhich shall i.nclude: 1) Pole line construction work (whether built of wood, metal or other material); the digging and back-filling of holes for poles or anchors (by hand or mechanical equipment); the moving ot employees, tools, or equipment; the loading and moving of materials from the first drop; the handling, assembly or erection of all materials including the guying, stringing of conductors or other work necessary on through to the ultimate completion of such pole line work. 2) Steel or metal structures used for the purpose of carrying electrica+ wires, conductors or equipment (this includes transmission towers, outdoor substations, switch racks or si~ilar electrical structures); the moving of employees, tools or equipment; the handling, sorting and moving of materials from the C,\9J0002 - 1-; I I I I I I I I I I I I I I I I I I I 9414 '4 first drop; the handling, assembly and erection of all materials used on the job site starting with the concrete footing or pad, or concrete anchor, including the assembly of the grillage, on through to the ultimate completion of such structures, except for any low voltage control or lighting work which may properly belong to the inside branch of the electrical industry. Work covered shall include the grounding of all such structures; the stringing and installation of wires, cables and insulators or other electrical equipment suspended from such structures; also the handling and placing of transformers or O.C.B.'s and other related electrical equipment. 3) Street lighting systems owned, maintained and operated by electrical utility companies or agencies where such work properly comes under the outside jurisdiction shall be handled in the same manner as pole line construction. 4) Electrical underground construction work, where such work comes under the jurisdiction of this scope of work, shall be covered as follows: the moving of employees, tools, or equipment; ~he loading, moving or assembly of all electrical materials or race-ways, such as duct, from the first drop. This shall also include the placing of fish wire, the pulling of cables or wires through such race-ways, installing and making up of pot-heads, and the splicing of sUch conductors. 5) In connection with all of the above items, it is understood the scope of work shall include not only new installation work, but shall also govern the repair, maintenance, or dismantling of such structures, lines or equipment; the handling and operating of all equipment used to transport employees, tools and/or materials on the job site; as well as the equipment used to move, raise or place materials used in the outside branch of the electrical industry. ELEV0018A 09/01/1992 Rates Fringes ELEVATOR CONSTRUCTORS: Elevator constructor mechanics Elevator constructor helpers Elevator constructor helpers (prob) 26.43 18.50 13.215 6.12 + a 6.12 + a Footnote a: Employer contributes 8% of basic hourly rate for 5 years service and 6% of basic hourly rate for 6 months to 5 years service, as Vacation Pay Credit. Seven paid holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day and Christmas Day. ENGI0012F 01/04/1993 Rates Fringes CA930002 - 18 I 94 4 I POWER EQUIPMENT OPERATORS: Group 1 21. 75 9.22 Group 2 22.23 9.22 I Group 3 22.52 9.22 Group 4 22.66 9.22 Group 5 23.76 9.22 I Group 6 22 .88 9.22 Group 7 23.98 9.22 Group 8 22.99 9.22 Group 9 24.09 9.22 I Group 10 23.11 9.22 Group 11 24.21 9.22 Group 12 23.28 9.22 I Group 13 23.38 9.22 Group 14 23.41 9.22 Group 15 23.49 9.22 I Group 16 23.61 9.22 Group 17 23.78 9.22 Group 18 23.88 9.22 Group 19 23.99 9.22 I Group 20 24,11 9.22 Group 21 24.28 9.22 Group 22 24.38 9.22 I Group 23 24.49 9.22 Group 24 24.61 9.22 Group 25 24.73 9,22 I - CRANES. PILEDRIVING & HOISTING EQUIPMENT: Group 1 21.75 9.22 I Group 2 22.23 9.22 Group 3 22.52 9,22 Group 4 22.66 9.22 I GLoup 0, 22.83 9.22 GLQUP t, 2:2.99 " ~~ ",.,... Group 23.11 9.22. Group " 23.28 9.22 I " Group 0::' 23.45 9.22 Group 10 24.45 9.22 Group II 25.45 9.22 I Group 12 26.45 9.22 Group iJ 27.45 9.22 I TUNNEL GROUP: G LOU P 1 22.73 9.22 Group 2 23.02 9.22 I (;roup 23.16 9.22 1;;'fH..LP , ?"" ..,.... 9.22 '4..). -JO (~ r'.lliri 23.49 9.22 I Crolln 23.61 9.22 Cr' ',., 23.91 9.22 I <:1\')10002 - 1') I I I I I I I I I I I I I I I I I I I I 94 4 DREDGING: Hydraulic suction dredges: Lever operator Deckmate; Watch engineer; Welder Winch (stern winch on dredge) Bargehand; Deckhand; Firefighter; Oiler; Leveehand Dozer 23.60 8.62 23.02 22.47 8.62 8.62 21.93 23.13 8.62 8.62 Clamshell dredges: Lever operator Watch engineer; Deckmate Barge mate Bargehand; Deckhand; Firefighter; oiler 23.60 23.02 22.54 8.62 8.62 8.62 21.93 8.62 ?OWER EQUIPMENT OPERATOR CLASSIFICATIONS: GROUP 1: Barge, brake, compressor operator, Ditch Witch, ~ith seat or similar type equipment, elevator operator - inside, engineer oiler, generator operator, generator, pump or conpress0~ plant operator, pump operator, signal, switch GROUP 2: Concrete mixer operator - skip type, conveyor operator, firefighter, hydrostatic pump operator, oiler crushe" (asphalt or concrete plant), skiploader (when wheel type up to 3/4 yd. without attachment), soils field technician, tar pot firefighter, temporary heating plant operator, trenching machi~' operator GROUP 3: ~quipment greaser (rack), Ford Ferguson (~ith d~~~c. attachnents), helicopter radio (ground), power concrete curL~': machine operator, power concrete saw operator, power - driver jumbo form setter operator, stationary pipe wrapping and cleanl~C: machine operator' GROUP 4: Asphalt plant firefighter, backhoe operator (mlni-~~~ or similar type), boring machine operator, box or mixer (asphal= or concrete), building construction inspector, c~ip spreading machine operator, concrete pump operator (small portable), drilling machine operator, small auger types (Texoma super economatic or similar types - Hughes 100 or 200 or similar t~pes - drilling depth of 30' maximum), equipment greaser (grease truck), guard rail post driver operator, highline cableway signal, hydra-hammer-aero stamper, power sweeper operator, roller operator (compacting), screed operator (asphalt or concrete), trenching machine operator (up to 6 ft.) GROUP 5: Equipment greaser (grease truck/multi-shirt) GROUP 6: Asphalt plant engineer, batch plant operator, bit CA930002 - 20 I I I I I I I I I I I I I I I I I I I 94 4 sharpener, concrete joint machine operator (canal and similar type), concrete planer operator, deck engine operator, derrick (oilfield type), drilling machine operator, bucket or auger types (Caldwell 100 bucket or similar types - Watson 1000 auger or similar types - Texoma 330, 500 or 600 auger or similar types - drilling depth of 45' maximum), drilling machine operator (including water wells), hydrographic seeded machine operator (straw, pump or seed), Jackson track maintainer, or similar type, Kalamazoo switch tamper, or similar type, machine tool operator, Maginnis internal full slab vibrator, mechanical berm, curb or gutter (concrete or asphalt), mechanical finisher operator (concrete, Clary-Johnson-Bidwell or similar type), pavement breaker operator (truck mounted), road oil mixing machine operator, roller operator (asphalt or finish), rubber-tired earth moving equipment (single engine, up to and including 25 yds. struck), self-propelled tar pipe~ining machine operator, skiploader operator (crawler and wheel type, over 3/4 yd. and up to and including 1-1/2 yds.), slip form pump operator (power driven hydraulic lifting device for concrete forms), tractor operator - bulldozer, tamper-scraper (~ingle engine, up to 100 h.p. flywheel and similar types, up to and including 0-5 and similar types), tugger hoist operator GROUP 7: Welder - general (mUlti-Shift) GROUP 8: Asphalt or concrete spreading operator (tamping or finishing), asphalt paving machine operator (Barber Greene or similar type), backhoe operator (up to and including 3/4 yd.), small Ford, Case or similar, cast-in-place pipe laying machine operator, combination mixer and compressor operator (gunite work), compactor operator (self-propelled), concrete mixer operator (paving), crushing plant operator, drill doctor, drilling machine operator, bucket or auger types (Caldwell 150 bucket or similar types - Watson 1500, 2000 2500 auger or similar types - Texoma JOO, BOO auger or similar types - drilling depth ot (,0' maximum), elevating grader operator, grade checker, gradall operator, grouting machine operator, heavy-duty repair, Kalamazoo ballast regulator or similar type, Kolman belt loader and similar type, ~e Tourneau blob compactor or similar type, Lo~der operator (Athey, Euclid, Sierra and similar types), pneumatic concrete placing machine operator (Hackley-Presswell or similar type), pumpcrete operator, rotary drill operator (excLUding caisson type), rubber-tired earth-moving equipment operator (single engine, Caterpilldr, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. up to and including 50 cu. yds. struck), rubber-tired earth-moving equipment operator (multiple engine up to and including 25 yds. struck), rubber-tired scraper operator (self-loading paddle wheel type - John Deere, 1040 and similar single unit), self-propelled curb and gutter machine operator, skipload operator (crawler and wheel type over 1-1/2 yds. up to and including G-l/2 yds.), surface heaters and planer operator, tractor compressor drill combination operator, tractor operator (any type larger than 0-5 - 100 flywheel h.p. and over, or similar - bulldozer, tamper, C^930002 - ~l I 94 4 I I scraper and push tractor single engine), tractor operator (boom attachments), traveling pipe wrapping, 'cleaning and bending machine operator, trenching machine operator GROUP 9: Heavy-duty repair (multi-shift) I I I I I GROUP 10: Drilling machine operator, bucke~ or auger types (Caldwell 200 B bucket or similar types - Watson 3000 or 5000 auger or similar types - Texoma 900 auger or similar types - drilling depth of 105' maximum), dual drum mixer, heavy-duty repair-welder combination, monorail locomotive operator (diesel, gas or electric), motor patrol - blade operator (single engine), multiple engine tractor operator (Euclid and similar type - except Quad 9 cat.), rubber-tired earth-movirog equipment operator (single engine, over 50 yds. struck), rubber-tired earth-moving equipment operator (multiple engine, Euclid, Caterpillar and similar over 25 yds. and up to 50 yds.), to~er crane repair person, tractor loader operator (crawler ~nQ ~~eel type over G- 1/2 yds.), Ivoods mixer operator ("nd simi~c1c r;ugmill equipment) GROUP 11: Heavy-duty repair-welder combination (multi-shift) I I I I GROUP 12: Auto grader operator, automatic :~Lip form operator, drilling machine operator, bucket or auger t;pes (Caldwell, auger 200 CA or similar types - Watson auger Goor:, c), similar types - drilling depth of 175' maximum), hoe ram or C)i~ilar with compressor, mass excavator operator, mechanical finishing machine operator, mobile form traveler operator, motor patrol operator (multi-engine), pipe mobile machine operator, rubber-tired earth- moving equipment operator '(multiple engine, :yclid, Caterpillar and similar type, over 50 cu. yds. struc}:), r::bber-t 1 cod sel f- loading scraper operator (paddle-wheel-auger ~~De self-loading - two (2) or more units) I I I GROUP 13: Rubber-tired earth-moving equi~~orot operator operating equipment with push-pull system (single ,:,noi:,o, up to and including 25 yds.' struck) GROUP 14: Canal liner operator, canal tri~~er operator, remote- control earth-moving equipment operator, ~h00l excavator operator I GROUP 15: Rubber-tired earth-moving cqulp~~nt operator, operating equipment with pUSh-pull system (slnale engine, Caterpillar, Euclid, Athey WClgon and slmlL" t',-pes '"lith any and all attachments over 25 yds. and up to and including 50 yds. struck), rUbber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine - up to and including 25 yds. struck) I I I GROUP 16: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system ISlnaLe engine, over 50 .,.ds. struck), rubber-tired earth-moving equir~ent operator, operating equipment with push-pull system I~~lt,ple engine, CA930002 - 22 I I I I I I I I I I I I I I I I I I I 94 4 Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 17: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 50 cu. yds. struck), tamdem tractor operator (operating crawler type tractors in tandem - Quad 9 and similar type) GROUP 18: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, up to and including 25 yds. struck) GROUP 19: Concrete pump operator, truck-mounted, rUbber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and ~ll attachments over 25 yds. and up to and including 50 cu. yds. struck), rubber-tired earth- moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, up to and including 25 yds. struck) GROUP 20: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, over 50 yds. struck) GROUP 21: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) GROUP 22: Rubber-tired earth-moving equipnent cperator, operating equipment with the tandem push-pull system (sinqle engine, up to and including 25 yds. struck) GROUP 23: RUbber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck), rubber-tired earth-moving equipment operator, operating with the tandem push-pull system (multiple engine, up to and including 25 yds. struck) GROUP 24: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, over 50 yds. struck), rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 25: Rubber-tired earth-moving equipment operator, CA930002 - 23 I I I I I I I I I I I I I I I I I I I 94 4 operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS: GROUP 1: Engineer oiler; Fork lift operator (under 5 tons capacity) GROUP 2: Truck crane oiler GROUP 3: A-frame or winch truck operator; Ross carrier operator (jobsite) GROUP 4: Bridge-type unloader and turntable operator; Helicopter hoist operator GROUP 5: Stinger crane (Austin-Western or similar type); Tugger hoist operator (1 drum) GROUP 6: Bridge crane operator; Cretor crane operator; Fork lift operator (over 5 tons); Hoist operator (Chicago boom and similar type); Lift mobile operator; Lift slab machine operator (Vagtborg and similar types); Material hoist operator; Shovel, backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cu. yds. mrc); Tower crane repair; Tugger hoist operator (3 d'rum) GROep S: Cr:me ooerator i lip to and including 25 ton capacity); Crawler transporter operator; Derrick barge operator (up'to and including 25 ton capacity); Hoist operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity) ; Shovel, bacl:hoe, dragl ine, Clamshell operator (over 7 cu. yds. mrc) GROUP 9: Crane operator (over 25 tons and up to and including 50 tons mrc); Derrick barge operator (over 25 tons up to and including 50 tons mrc); Highline cableway operator; Hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including 50 tons mrc); K-crane operator; Polar crane operator; Tower crane operator GROUP 10: Crane operator (over 50 tons and up to and including 100 tons mrc); Derrick barge operator (over 50 tons up to and . including 100 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to and including 100 tons mrc) GROUP 11: Crane operator (over 100 tons and up to and inclUding 200 tons mrc); Derrick barge operator (over 100 tons up to and including 200 tons mrc); HOlst operator, stiff legs, Guy derrick CA9J0002 - 24 I I I I I I I I I I I I I I I I I I I 94 4 or similar type (over 100 tons up to and including 200 tons mrc) ; Mobile tower crane operator (over 100 tons up to and including 200 tons mrc) GROUP 12: Crane operator (over 200 tons up to and including 300 tons mrc); Derrick barge operator (over 200 tons up to and including 300 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 200 tons, up to and including 300 tons mrc); Mobile tower crane operator (over 200 tons, up to and including 300 tons mrc) GROUP 13: Crane operator (over 300 tons); Derrick barge operator (over 300 tons); Helicopter pilot; Hoist operator, stiff legs, Guy derrick or similar type (over 300 tons); Mobile tower crane operator (over 300 tons) TUNNEL CLlISSIFICATIONS: GROUP 1: Skiploader (wheel type up to 3/4 yd. without attachment) GROUP 2: Power-driven jumbo form setter operator GROUP 3: Dinkey loco~otive or motorperson (up to and including 10 tons) GROUP 4: Bit sharpener; Equipment greaser (grease truck); Slip form pump operator (power-driven hydraulic lifting device for concrete forms); Tugger hoist operator (1 drum); Tunnel locomotive operator (over 10 and up to and including 30 tons); \velder - general GROUP 5: Backhoe operator (up to and including 3/4 yd.); Small Ford, Case or similar; Drill doctor; Grouting machine operator; Heading shield operator; Heavy-duty repairperson; Loader operator !^they, Euclid, ~ierra and similar types); Mucking machine ,-,['crator (1/" ,/el., rubber-1;ircd, r~\il or trac~: type); Pnp.u::\at.ic concrete placing machine operator (Hackley-Presswell or similar type); Pneumatic heading shield (tunnel); Pumpcrete gun operator; Tractor compressor drill combination operator; Tugger hoist operator (2 drum); Tunnel locomotive operator (over 30 tons) GROUP 6: Heavy-duty repair/welder combination GROUP 7: Tunnel mole boring machine operator CONCRETE PUMPERS: GROUP 1: Compressor operator: Concrete pump operator (small portable, pea gravel); Engineer oiler GROUP 2: Conveyor operator GROUP 3: Heavy-duty repair person GROUP 4: lIeavy-duty repair person when performing welding GROUP 5: Concrete pump operator (truck-mounted); Concrete pump and separate placing boom; Concrete pump, large trailer type (laree rock) CI\930002 - 25 I I I I I I I I I I I I I I I I I I I 94 4 TRuCK CRANE OPERATOR GROUP 1: Truck crane oiler (25 tons & under) GROUP 2: Truck crane oiler (over 25 tons) GROUP 3: Heavy-duty repair person and/or welder GROUP 4: Truck crane operator (up to and including 25 tons) GROuP 5: Truck crane operator (over 25 tons capacity up to and including 80 tons mrc) GROUP 6: Mobile tower crane GROUP 7: Truck crane operator (over. 80 tons mrc up to and including 200 tons mrc) GROUP 8: Truck crane operator (over 200 tons mrc); Mobile tower crane (over 200 tons mrc) ---------------------------------------------------------------- . ',:J;:OOOlC 07/01/1993 Rates Fringes '.'A:IDE;HlERG AIR FORCE BASE: IROtl'.'iORKERS: Ornamental, reinforcing ",nd structural Fence erector 23.88 22.99 11. 62 11.62 ---------------------------------------------------------------- * IROUOOOIF 07/01/1993 Rates REM,U:WER OF COUNTIES AND PARTS OF COUNTIES: Fringes : ,:.O;;'..:ORKERS: 0rnarnental, reinforcing and s::ructural !:cnce erectors , 20.88 19.99 11.62 11.62 ---------------------------------------------------------------- * LABOOOOIB 07/01/1993 ~>f.:Tcr: TlOt-IDERS Rates 16.36 Fringes 9.01 ---------------------------------------------------------------- LAB00002B 01/01/1992 Rates Fringes KERn COUNTY: PLAST~RER TENDERS: ~j~~rds Air Force Base; Elk Hills ~:al Reserve; and Naval Air CA930002 - 26 I I I I I I I I I I I I I I I I I I I 94 ,1 Weapons station, China Lake Remainder of Kern County 18.64 7.91 ---------------------------------------------------------------- 14.96 7.91 LAB00002C 07/01/1991 LOS ANGELES AND ORANGE COUNTIES: PLASTERER TENDERS: Work on single family homes and apartments up to and including 3 stories All other work Rates Fringes 16.69 19.69 9,24 9,24 ---------------------------------------------------------------- LAB00002D 07/01/1991 Rates SAN LUIS OBISPO AND SANTA BARBARA COUNTIES: Fringes PLASTERER TENDERS: San Luis Obispo county and Santa Barbara county (north part): Work on single family homes and apartments up to and including 3 stories (does not apply to Vandenberg Air Force Base, Point Arguello or camp Roberts) All other 'dor~: Santa Barbara county (south part): Work on single family homes and apartments up to and including J stories All other wor~: 13.63 16.48 ').34 " '. . :...,. 13.63 17.48 9. J.1 9.3ft ---------------------------------------------------------------- * LAB00002E 07/01/1993 Rates Fringes IMPERIAL, INYO, MONO, RIVERSIDE AND SAN BERNARDINO COUNTIES: PLASTERER TENDERS: Work on single family homes ~nd apartments up to and ,ncluding 3 stories: Plasterer tender Plasterer Clean-up laborer ,\ I I otl1t:' r \'lOr~:: CA9J0002 - n 16.90 13.~6 ').54 1.).5.i I I I I I I I I I I I I I I I I I I I 94 4 Plasterer tender Plasterer clean-up laborer 19.90 16.56 9.54 9.54 NOTE: Work at. Fort Irwin, George Air Force Base, Marine Corps Air Station 29 Palms, Marine Corps Logistics Supply Base, Mountain Warfare Training Center, Naval Air Fa.cili ty Seeley, and U.S. Marine Corps pickle Meadows: $3.00 per hour additional. ---------------------------------------------------------------- LAB00002G 10/01/1992 Rates Fringes VENTURA COUNTY: PLASTERER TENDERS: Work on single family homes and apartments not to exceed 2 stories in height All other work 15.48 17.48 8.34 8.34 ---------------------------------------------------------------- * LAB00002H 07/01/~993 Rates Fringes LABORERS: LABORERS: Group 1 Group 2 Group 3 Group 4 Group 5 16.61 9.01 17.01 9.01 17.21 9.01 16.26 9.01 18.46 9.01 19.52 9.51 19.64 9.51 19.80 9.51 20.06 9.51 TUNNEL LABORERS: Group 1 Group 2 Group J Group 4 Note: Tunnel Laborers receive $2.00 per hour additional for work at Vandenberg Air Force Base, Point Arguello, Camp Roberts, Naval Ordnance Test Station Inyo-Kern, and Edwards Air Force Base WORK ON SINGLE FAMILY HOMES AND APARTMENTS UP TO AND INCLUDING 3 STORIES: Landscape laborers, clean-up, fencing (chain link and wood) 12.79 8,51 All other work on single family homes and apartments up to and including 36 CA930002 - 26 I. I I I I I I I I I I I I I I I I I I 94 4 stories 13.79 3.51 19.86 9.71 18.91 9.71 16.40 9.71 IS INCIDENTAL TO A 15.37 9.19 15.12 9.19 GUNITE LABORERS: Group 1 Group 2 Group 3 HOUSEMOVERS (ONLY WHERE HOUSEMOVING CONSTRUCTION CONTRACT): Housemover Yard maintenance person LABORER CLASSIFICATIONS: GROUP 1: Cleaning and handling of panels, forms; Concrete screeding for rough strike-off; Concrete, water curing; Demolition laborer, the cleaning of brick and lumber; Dry packing of concrete, plugging, filling of shee-bolt holes; Fire watcher, limber, brush loaders, pilers and debris handlers; Flag person; Gas, oil and/or water pipeline laborer; Laborer, general or construction; Laborer, general clean-up; Laborer, landscaping; Laborer, jetting, temporary water and air lines; Material hose operator (walls, slabs,- floors and decks); Railroad maintenance, repair track person and road beds; Rigging and signaling; Scaler; Slip form raisers; On highways, slurry seal crews (mixer operator, applicator operator, squeegee operator, shuttle, top); Streetcar and railroad construction track laborers; Striper, concrete or other paved road surfaces; Tar and mortar; Tool crib or tool house laborer on highways; Traffic control by any method; Traffic delineating device applicator; Window cleaner; Wire mesh, pulling all concrete pouring operations GROUP 2: Asphalt shoveler; Cement dumper (on 1 yd. or larger mixer ~nd handling bulk cement); Cesspool digger and inst~ller; Chucktender; Chute handler, pouring concrete, the handling or the foundations, footings, curb, gutters and sidewalks; Concrete curer, impervious membrane and form oiler; Cutting torch oper~tor (demolition); Fine qrader, highways and street paving, airport, runways and similar type heavy construction; Gas, oil and/or water pipeline wrapper; Pot tender and form; Guinea chaser; Headerboard, asphalt; Laborer, packing rod steel and pans; Membrane vapor barrier installer; Power broom sweepers (small); Riprap stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Sandblaster (pot tender); Septic tank digger and installer (lead); Tank scaler and cleaner; Tree climber, faller, chain saw operator, Pittsburgh chipper and similar type brush shredders; Underground laborer, including caisson bellower GROUP J: Buggymobile; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or longer; Dri-pak-it maChine; Gas, oil and/or water pipeline wrapper, 6-in. pipe and over, by any method, inside and out; Hydro seeder ~nd similar type; Impact wrench mUlti-plate; Kettle, pot ~nd ~sphalt CA930002 - 29 I I I I I I I I I. I I I I I I I I I I 94 4 appliers, lay-kold, creosote, lime caustic and similar type materials ("applying" means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing) ; Operators of pneumat~c, gas, electric tools; Vibrating machines, pavement breakers, air blasting, come-alongs, and similar mechanical tools not separately classified herein; Pipelayer's backup, coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; Rock slinger; Rotary scarifier or multiple head concrete chipping scarifier; Steel headerboard and guideline setter; Tampers, Barko, Wacker and similar type; Trenching machine, hand-propelled GROUP 4: Asphalt raker, lute person, ironer and asphalt spreader boxes (all types); Concrete core cutter (walls, floors or ceilings), grinder or sander; Concrete saw person, cutting walls or flat work, scoring old or new concrete; Cribber, sharer, lagging, sheeting and trench bracing, hand-guided lagging hammer; Head rock slinger; Laser beam in connection with laborers' work; No-joint pipe and stripping of same; Over-size concrete vibrator operator, 70 Ibs. and over; Pipelayer, including water, sewage, solid, gas or air; Porta shot-blast; Prefabricated manhole installer; SandblastQr (nozzle, water blasting); Welding in connection with laborers' work GROUP 5: Blaster powder, all work of loading holes, placing and blasting of all powder and explosives of whatever type, regardless of method used for such loading and placing; Driller; All power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all types of mechanical drills; Toxic waste removal TUNNEL LABORERS: GROUP 1: Batch plant laborers; Bull gang mucker, track; Concrete crew, including rodders and spreaders; Changehouse; Dump; Dump (outside); Swamper (brake and switch on tunnel work); Tunnel materials handling; Tool worker GROUP 2: Cable tender; Chuck tender; Nipper; Vibrator operator, jackhammer, pneumatic tools (except driller); Loading and unloading agitator cars; Pot tender, using mastic or other materials GROUP 3: Blaster~ driller, powder; Chemical grout jet; Cherry picker; Grout gun; Grout mixer; Grout pump; Jackleg miner; Jumbo; Kemper and other pneumatic concrete placer operator; Miner, tunnel (hand or machine); Powder (primer house); Primer; Shotcrete; Steel form raiser and setter; Timber; Retimber (wood or steel); Tunnel concrete finisher; Nozzle; Operating troweling and/or grouting machine; Sandblaster GROUP 4: Shaft, raise miner; Diamond driller CA930002 - 30 I I I I I I I I I I I I I I I I I I I 94 4 GUNITE LABORERS: GROUP 1: Nozzle and rod GROUP 2: Gun GROUP 3: Rebound LAB00067D 02/01/1991 ASBESTOS REMOVAL LABORERS Rates 10.00 Fringes 3.83 SCOPE OF WORK: includes site mobilization, initial site clean-up, site preparation, removal of aSbestos-containing material and toxic waste (including lead abatement and any other toxic materials), encapsulation, enclosure and disposal of asbestos- containing materials and toxic waste (including lead abatement and any other toxic materials) by hand or with equipment or machinery; scaf~olding, fabrication of temporary wooden barriers and assembly of decontamination stations. OTHR0669C 04/01/1993 Rates REMAINDER OF COUNTIES AND PARTS OF COUNTIES: Fringes SPRINKLER FITTERS 27.00 6.03 OTHR0709B 01/01/1992 Rates Fringes LOS ANGELES COUNTY; ORANGE COUNTY (CATALINA ISLAND; SAN CLEMENTE ISLAND; CITY OF SANTA ANA; AND REMAINDER OF ORANGE COUNTY WITHIN 25 MILES BEYOND THE CITY LIMITS OF LOS ANGELES); SAN BERNARDINO COUNTY (NORTHERN PART OF CITY OF CHINO; AND CITIES OF MONTCLAIR AND ONTARIO); VENTURA COUNTY (PORT HUENEME; PORT MUGU; CITY OF SANTA PAULA; AND REMAINDER OF VENTURA COUNTY WITHIN 25 MILES BEYOND THE CITY LIMITS OF LOS ANGELES): SPRINKLER FITTERS 30.22 11.64 PAIN0036A 01/01/1993 Rates Fringes INYO AND KERN COUNTIES; LOS ANGELES COUNTY (EXCEPT POMONA AREA) ; MONO COUNTY; AND SAN BERNARDINO COUNTY (WEST OF A LINE NORTH Or TRONO INCLUDING CHINA LAKE AREA, JOHANNESBURG, BORON, SOUTH INCLUDING THE WRIGHTWOOD AREA) : PAINTERS AND DRYWALL FINISHERS: CA930n02 - 11 I, I I I I I I I I I I I I I I I I I I 94 4 DRYWALL FINISHERS: Kern County (west of the Los Angeles Aqueduct) Remainder of area 19.69 23,16 4.69 4.69 PAINTERS: Los Angeles County (except Antelope Valley and the Pomona area) Work on all wood frame structures used' for human habitation, including motels and convalescent homes 17.15 Work on service stations and car washes; small commercial work (construction up to and including 3 stories in height, such as small shopping centers, small stores, small office buildings and small food establishments); small industrial work (light metal buildings, small warehouses, small storage facilities and tilt-up buildings); and tenant improvement work (tenant improvement work not included in conjunction with the construction of the building; including repaint work) (not applicable to any phase of the aerospace industry or to hotels which operate commercial establish- ments as part of the hotel service) 19.10 All other work: Brush and roller 22.12 Paperhangers; Swing stage; Paste machine operator 22.37 Sandblast; Spray; Steeplejack 23.12 2.65 4.68 4.68 4.68 4.68 Inyo and Kern Counties; Los Angeles County (Antelope Valley); Mono County; and San Bernardino County (west of a line north of Trono including the China Lake area, CA930002 - 32 Johannesburg, Boron, south including the Wrightwood area): Work on wood framed housing, motels and convalescent homes 15.15 All other work: Brush & roller 17.68 Paperhangers; Swing stage; Paste machine operator 17,93 Sandblast; Spray; Steeplejack 18.68 I I I I I I I I I I I I I I I I I I I 94 4 2.65 4.68 4.68 ---------------------------------------------------------------- 4.68 PAIN0048D 01/01/1991 Rates Fringes IMPERIAL COUNTY; LOS ANGELES COUNTY (POMONA AREA); ORANGE AND RIVERSIDE COUNTIES; AND SAN BERNARDINO COUNTY (EXCLUDING WESTERN PORTION) : PAINTERS AND DRYWALL FINISHERS: DRYWALL FINISHERS PAINTERS: Brush Brush, swing stage; Spray Paperhanger; Spray, swing stage Sandblaster; Iron, steel & bridge (ground work); Iron, steel & bridge - spray (ground); Riggers, climbing steel; Brush, climbing steel & bridge Sandblaster, :~',oJing stage; [ron, steel & bridge (swing stage); Iron, steel & bridge (swing stage, spray) Steeplejack 21. 18 5.94 20.70 20.95 21.20 5.94 5.94 5.94 21. 45 5. ').1 21.70 22.45 5.94 5.94 ---------------------------------------------------------------- PAIN0052A 07/01/1992 Rates Fringes SAN LUIS OBISPO, SANTA BARBARA AND VENTURA COUNTIES: PAINTERS AND DRYWALL FINISHERS: DRYWALL FINISHERS PAINTERS: Work on single ramilv homes and C"i\(']()002 - j._ 22.86 4.45 I I I I I I I I I I I I I I I I I I I 94 4 apartments up to and including 3 stories: Painter, brush Painter, spray All other work: Painter; Pot tender (brush) Paperhanger; Paste machine operator Spray, sandblaster (non-steel); Waterblaster; Power cleaning (non-steel); Steam cleaning (non-steel) Sign painter Steeplejack (non-steel) High and hazardous, interior or exterior staging, scaffolding, bos'n chair, spider or swing ~tage: 4th or 5th stories: Painter Spray painter, sandblaster, waterblaster; Power cleaning; Steam cleaning; Steeplejack 6th through lOth stories: Painter Spray painter; Sandblaster; waterblaster; Power cleaning; Steam cleaning; Steeplejack 10 stories and over: Painter ~pray painter; ~andblastcr; Waterblaster; Power cleaning; Steam cleaning Iron and steel: Iron and st~el/brush; Pot tender/steel Iron and steel/spray; Iron and steel sandblast power clean High lron and steel construction; Bridges over 30 ft.: Painter/brush Painter/steel/spray; Sand- blaster;Waterblaster 16.15 16.65 4.70 4.70 20.19 4.70 20.44 4.70 20.69 20.84 21.19 4.70 4,70 4.70 21. 56 4.70 22.06 4.70 22.44 4.70 22.94 4.70 ?-2.94 4.70 2~ ,. ...."'i"t 4.70 21.44 4.70 21.94 4.70 22.94 4.70 23.44 4.70 ---------------------------------------------------------------- PAIN0132A 07/01/1989 Rates INYO, KERN, MONO AND SAN LUIS OBISPO COUNTIES: GLAZIERS CA930002 - 34 Fringes 19.83 4.74. I I I I I I I I I I I I I I I I I I I 94 4 ---------------------------------------------------------------- PAIN0294B 07/01/1992 Fringes Rates REMAINDER OF COUNTIES: SOFT FLOOR LAYERS 16.63 3.46 ---------------------------------------------------------------- PAIN0636A 11/01/1992 Rates Fringes LOS ANGELES, ORANGE, RIVERSIDE, SAN BERNARDINO, SANTA BARBARA AND VENTURA COUNTIES: GLAZIERS 21.95 7.22 ---------------------------------------------------------------- PAINl176A 04/01/1993 Rates Fringes INYO AND MONO COUNTIES: PARKING LOT STRIPING WORK AND/OR HIGHWAY MARKING: Group 1 Group 2 Group 3 & Group 5 Group 4 Service person (maintenance and repair of equipment) (on jobsite only) Parking lot, game court and playground installer Protective coating, resurfacing, pavement sealing, slurry seal, including repair when done in conjunction with pavement sealing and slurry seal work 17.93 Sealer/mixer 17.16 Applicator operator, shuttle person and squeegee person 15.13 20.93 5.64 19.88 5.64 17.79 5.64 20.93 5.64 12.56 5.19 13.00 5.64 5.64 5.64 5.64 DEFINITION OF GROUPS: GROUP 1: STRIPER: Layout and application of painted traffic stripes and marking; hot thermo plastic; tape traffic stripes and markings GROUP 2: TRAFFIC DELINEATING DEVICE APPLICATOR: Layout and ~pplication of pavement markers, delineating signs, rumble .,nd tratfic bars, adhesives, quide markers; other traffic CA930002 - ;~ I I I I I I I I I I I I I I I I I I I 94 4 delineating devices; includes all related surface preparation (sandblasting, waterblasting, grinding) as part of the application process GROUP 3: TRAFFIC SURFACE ABRASIVE BLASTER: removal of traffic lines and markings; preparation of surface for coatings and traffic control devices GROUP 4: TRAFFIC PROTECTIVE DELINEATING SYSTEMS INSTALLER: removes; relocates; installs permanently affixed roadside and parking delineation barricades; fencing, guard rail; cable anchor, retaining walls, reference signs, monument markers GROUP 5: TRAFFIC CONTROL PERSON: Sole function is to control and direct traffic through both conventional and moving lane enclosures PAINl176B 04/01/1993 Rates Fringes IMPERIAL, KERN, LOS ANGELES, ORANGE, RIVERSIDE, SAN BERNARDINO, SAN LUIS OBISPO, SANTA BARBARA AND VENTURA COUNTIES: PARKING LOT STRIPING WORK AND/OR HIGHWAY MARKERS: Group 1 Group 2 Group '3 Group 4 Service person (maintenance and repair or equipment) (on jobsite only) Slurry seal wo~k: Fresno, Imperial, Kern, Kings, Los Angeles, San Luis Obispo, Santa Barbara, Tulare and Ventura Counties: Sealer/mixer Applicator operator, shuttle person and squeegee person Traffic surface protective coating applicator Traffic control person CA930002 - 36 19.93 18.93 16.94 19.93 5.67 5.67 5.67 5.67 11. 96 5.25 14.89 3.66 13.18 3.66 15.51 8.19 3.66 3.66 I I I I I I I I I I I I I I I I I I I ; 94 <1 Orange, Riverside and San Bernardino Counties: Sealer/mixer Applicator operator, shuttle person and squeegee person Traffic surface protective coating applicator Traffic control person 14.54 3.52 12.88 3.52 15.15 7.99 3.52 3.52 DEFINITION OF GROUPS: GROUP 1: STRIPER: Layout and application of painted traffic stripes and marking; hot thermo plastic; tape traffic stripes and marking GROUP 2: TRAFFIC DELINEATING DEVICE APPLICATOR: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers; other traffic delineating devices; includes all related surface preparation (sandblasting, waterblasting, grinding) as part of the application process GROUP 3: TRAFFIC SURFACE ABRASIVES BLASTER: Removal of traffic lines and markings; preparation of surface for coatings and traffic control devices GROUP 4: TRAFFIC PROTECTIVE DELINEATING SYSTEMS INSTALLER: Removes; relocates; installs; permanently affixed roadside and parking delineating barricades, fencing, guard rail, cable anchor, retaining walls, reference signs, monument mar}:ers PAIN1247A 10/01/1992 Rates Fringes INYO, KERN AND MONO COUNTIES: SOFT FLOOR LAYERS 18.22 5.97 PAIN1247B 08/01/1992 Rates Fringes LOS ANGELES, ORANGE, RIVERSIDE, SAN BERNARDINO, SAN LUIS OBISPO, SANTA BARBARA AND VENTURA COUNTIES: SOFT FLOOR LAYERS 23.30 6.49 P^IN1399B 08/01/1992 Ci\930002 - 31 I I I I I I I I I I I I I I I I I I I S~ it Rates Fringes IMPERIAL COUNTY: GLAZIERS 22.56 6.70 ---------------------------------------------------------------- PAIN1711A 10/13/1991 IMPERIAL COUNTY: Rates Fringes SOFT FLOOR LAYER 16.95 5.44 ---------------------------------------------------------------- PLAS0002B 08/05/1992 Rates Frinqes LOS ANGELES, ORANGE, RIVERSIDE, SAN BERNARDINO AND VENTURA COUNTIES: PLASTERERS: Work on single family homes and apartments up to and including 3 stories All other work 21.83 24.83 5.36 5.36 ---------------------------------------------------------------- PLAS0052B 07/01/1991 CEMENT MASONS: Work on wood or metal frame construction of single family residences, apartments and condominiums. Does not include projects that exceed 3 stories; any utility work, such as telephone, gas, water, sewer and other utilities; or any work outside property lines, including curbs, gutters and sidewalks Work on jobsites where the total permit value of the general contract and all subcontracts upon that jobsite is $4,000,000 or less All other work Rates Fringes 16.26 6.65 19.96 19.96 7.50 9.50 ---------------------------------------------------------------- PLASOl91B 01/01/1983 Rates Frinqes INYO, KERN AND MONO COUNTIES: CA930002 - 38 I I I I I I I I I I I I I I I I I I I 94 4 PLASTERERS: Plasterers Nozzle operator 15.57 15.695 4.41 4.41 ---------------------------------------------------------------- PLAS0341B 08/07/1991 SANTA BARBARA COUNTY: PLASTERERS Rates Fringes 22.10 4.53 ---------------------------------------------------------------- PLAS0346B 05/01/1991 IMPERIAL COUNTY: PLASTERERS: Work on single family homes and apartments up to and including 3 stories All other work Rates Fringes 15.42 18.42 5.29 5.29 ---------------------------------------------------------------- PLAS0775B 06/01/1982 SAN LUIS OBISPO COUNTY: PLASTERERS Rates Fringes ---------------------------------------------------------------- 21.77 * PLUM0016G 07/01/1993 Rates Fringes IMPERIAL, LOS ANGELES, ORANGE, RIVERSIDE, SAN BERNARDINO, SAN LUIS OBISPO, SANTA BARBARA AND VENTURA COUNTIES: . PLUMBERS; STEAMFITTERS: Fort Irwin Army Base, Marine Corps Logistic Base at Nebo, Marine Corps Logistic Base at Yermo, San Nicolaus Island, and Twenty-Nine Palms Marine Base Camp Roberts, George Air Force Base and Vandenberg Air Force Base Remainder of Counties and parts ot C,\930007. - .19 27.53 10.72 26.26 10.72 I. I I I I I I I I I I I I I I I I I I 94 It counties 24.03 10.72 LANDSCAPE & IRRIGATION WORK: Journeyperson Tradesperson 19.40 7.56 8.50 2.55 Note: Duties of the landscape & irrigation tradesperson limited to: digging and/or backfilling with the exception of motorized equipment; clean-up and sweeping; pipe wrapping and waterproofing where tar or similar materials is applied for protection; operation of vibrating machines; coating and grouting of all pipe joints, holes or chases allied to the piping ---------------------------------------------------------------- PLUM0250A 09/01/1989 Rates Fringes LOS ANGELES AND ORANGE COUNTIES: REFRIGERATION & AIR CONDITIONING 21.19 5.90 ---------------------------------------------------------------- PLUM0355B 07/01/1992 Rates Fringes INYO AND KERN COUNTIES: LANDSCAPE FITTER; UNDERGROUND UTILITY WORKER 21.60 2.95 ---------------------------------------------------------------- PLUM0364A 02/01/1987 Rates RIVERSIDE AND SAN BERNARDINO COUNTIES: Fringes REFRIGERATION & AIR CONDITIONING 19.55 1% + 5.78 ---------------------------------------------------------------- PLUM0460A 01/01/1993 Rates Fringes INYO, KERN AND MONO COUNTIES: PLUMBERS; STEAMFITTERS: work at China Lake Naval Weapons Center and Edwards Air Force Base 27.11 5.93 Remainder of Area 22.11 5.93 ---------------------------------------------------------------- CA930002 - 40 I I I I I I I I I I I I I I I I I I I 94 4 ROOF0027B 02/01/1993 INYO, KERN AND MONO COUNTIES: Rates Fringes ROOFERS 18.65 5.75 ---------------------------------------------------------------- ROOF0036A 09/01/1992 Rates Fringes LOS ANGELES, ORANGE, SAN LUIS OBISPO, SANTA BARBARA AND VENTURA COUNTIES: ROOFERS: Roofer Preparer (duties limited to the following: tear-off and/or remove any type of roofing or roofing material or spudding, or sweeping and/or clean-up, and/or preloading, or in preparing the roof for application of rooting, damp and/or waterproofing material) 20.02 6.635 15.30 1. 00 ---------------------------------------------------------------- ROOF0045A 01/01/1991 Rates Fringes IMPERIAL COUNTY: ROOFERS 18.70 3.33 ---------------------------------------------------------------- ROOF0146A 09/01/1992 Rates RIVERSIDE AND SAN BERNARDINO COUNTIES: Fringes ROOFERS 18.78 7.50 ---------------------------------------------------------------- SHEEOI02A 01/01/1992 Rates Fringes INYO COUNTY; KERN COUNTY (EAST OF HWY. #395 FROM RED MOUNTAIN TO THE INYO COUNTY LINE); LOS ANGELES COUNTY (SOUTH OF A STRAIGHT LINE DRAWN BETWEEN GORMAN AND BIG PINES, CALIFORNIA; SOUTH OF IMPERIAL HWY. TO THE CITY LIMITS OF LONG BEACH, INCLUDING THE CITY OF LONG BEACH AND THE ISLAND OF CATALINA); MONO, ORANGE, RIVERSIDE AND SAN BERNARDINO COUNTIES: SHEET METAL WORKERS: CA93000:' - ~ I I I I I I I I I I I I I I I I I I I I 94 4 Los Angeles County (south of Imperial Hwy. to the city limits of Long Beach, including the City of Long Beach and the Island of Catalina) and Orange County: Work on all general sheet metal, heating and air conditioning, metal fireplace installation, and solar systems on single family dwellings, multiple family dwellings, tract homes, and apartment buildings individually conditioned by separate and independent units or systems 23.42 All other work 23.91 3.37 3.37 Inyo county, Kern County (east of Hwy. #395 from Red Mountain to the Inyo County line), Los Angeles County (south of a straight line drawn between Gorman and Big Pines, California, and north of Imperial Hwy. to the city limits of Long Beach, excluding the City of Long Beach and the Island of Catalina), and Mono, Riverside and San Bernardino Counties: Work on all general sheet metal, heating and air conditioning, metal fireplace installation, und solar systems on sinqle family dwellings, multiple family dwellings, tract homes, and apartment buildings individually conditioned by separate and independent units or systems 23.42 All other work 23.76 ,~ '_.J I ..J I SHEE0108A 07/01/1992 Rates cringes KERN COUNTY (WEST OF HWY. #395 FROM RED MOUNTAIN TO ~,,::: INYO COUNTY LINE); LOS ANGELES COUNTY (NORTH OF A STRAIGf:-:' :"INE DRAWN BETWEEN GORMAN AND BIG PINES, CALIFORNIA): SHEET METAL WORKERS: Residential/light commercial (6,000 sq. ft. or less) All other work 13.30 - . ')1 ","') ......n ~.:..oo . ." 1 . "). CA930002 - 42 I I I I I I I I I I I I I I I I I I I' 94 4 SHEEOI08B 08/01/1992 Rates Fringes LOS ANGELES COUNTY (SOUTH OF A STRAIGHT LINE DRAWN BETWEEN GORMAN AND BIG PINES, CALIFORNIA: EXCLUDING THE PART SOUTH OF IMPERIAL HWY. TO THE CITY LIMITS OF LONG BEACH, AND EXCLUDING THE CITY OF LONG BEACH AND THE ISLAND OF CATALINA: SHEET METAL WORKERS 25.60 8.41 SHEE0206B 07/01/19'91 Rates Fringes IMPERIAL COUNTY: SHEET METAL WORKERS 21.43 ,;.09 SHEE0273A 08/01/1992 Rates Fringes SAN LUIS OBISPO, SANTA ~ARBARA AND VENTURA COUNTIES: SHEET METAL WORKER 23.91 7.63 SUCAI005A 12/13/1991 Rates Fringes WELDERS - Receive rate prescribed for craft perfor::"inq operation to which welding is incidental. * TEAM0011A 07/01/1993 Rates ,rinqes TRUCK DRIVERS: Camp Roberts: Edwards Air Force Base; E1 Centro; Fort Irwin; George Air Force Base: Mountain Warfare Training Center (Bridgeport); Naval Air Facility; Naval Air Weapons Station, China Lake; Nebo Marine Ballistic Buse (Yermo): Point Arguello; Point Conception: Twenty-Nine Palms Marine Base; and Vandenberg Air Force Base: Group 1 Group ). (~t.oup .~ 20.79 20.94 :~l. U7 ,!). ;.:1 ;, ij . ;-; l , ,'I.::! r;AC)100f12 - 4_~ I I I I I I I I I I I I I I I I I I I 94 4 Group 4 Group 5 Group 6 Group 7 Group 8 Group 9 Group 10 Group 11 21. 12 21.20 21. 32 21.57 21.82 22.02 22.32 22.82 10.81 10.81 10.81 10.81 10,81 10.81 10.81 10.81 Remainder of counties and parts of counties: Group 1 Group 2 Group J Group 4 Group 5 ':';roup b ,;roup 7 Group 3 Group 9 Group 10 Group 11 18.79 18.94 19.07 19.12 19.20 19.32 19.57 19.82 20.02 20.32 20.82 10.81 10.81 10.81 10.81 10.81 10. S 1 10.81 10.81 10.81 10.81 10.81 DEFINITION OF GROUPS: GROUP 1: Teamster GROUP 2: Driver of vehicle or combination of vehicles of 2 axles (including all vehicles less than 6 tons); Traffic control pilot car, excluding moving heavy equipment permit load GROUP J: Truck-mounted power broom I~ROUP 4: Drivers of vehicles or combination of vehicles of J 1:-:1 es GROUP 5: Boot; Cement distrl~utor; Erosion control driver; Fuel truck; Water truck, 2-3xle GROUP 6: Dump, less than 16 yds. GROUP 7: Transit mix, under 0 yds.; Dumpcrete, less than 6- 1/2 yds. GROUP S: Truck repair helper GROUP 9: Water truck, J or ~cre axles GROUP 10: PB and similar type truck when performing within the Teamsters' jurisdiction; Pipeline and utility working trucf: including winch, but limited to truck applicable to pipeline and utility work, Nhere a composite crew is used; Slurry driver; Truck greaser and tire worker (50 cents per hour additional for tire) GROUP 11: Water pull twin engine; Water pull twin engine with attachments Note: winch truck driver - 51.25 additional when operating ~lnch or similar special att~chrnents. ---------------------------------------------------------------- CA9J0002 - 44 I I I I I I I I I I I I I I I I I I I 94 ~ 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 (29 CFR 5. 5 (a) (1) ( i i) ) . END OF GE:lERAL DECISION L-~ :, .;, -: - . J I I I I I I I I I I I I I I I I I I I 94 4 c.n.ral o.t:u1on !luIIHr CA1I30003 SUpund..s c.n~ o.t:u1on 110. CA!l10003 Stat.: Cal1~ar.n1a Construction 'rypa: Watar Wall Dr:Ul1Dq County (1... : S'l'ATEWrDE WATER WEI.I. DRI:t.I.IIfC Modification lluabar o CAlIJOOOJ - 1 Publication Date 02/1!1/111!13 tiC- I. 94 4 I Sia1UyQl 8.00 .31 I SolllDO 9.15 ~ 10.07 1.70 S1:aJUa1.... 7.00 .13 Sutter 7.00 I '1'aIIaa 10.00 'l'riD11:y 6.95 '1'alan 7.29 1.13 'l'aol_ 7.50 .72 I V-=va 11.00 1.48 Yolo 10.36 1.65 Yuba. 7.00 .13 nDTTT~'S BILPD: I .&.1. 1. 7.05 IIuUa 5.00 Ca1_ 5.00 C01.... 7.00 2.03 COntra Coata 7.50 I Dal Iforta 7.25 ~. 6.13 .50 1:1_ 5.00 Buabo1dt 7.25 I %lIpvial 6.38 .23 Inyo 5.00 Kam 5.83 .04 Lab 7.00 2.03 I I.uaen 4.50 .43 Lee Anqa1.. 6.25 IIadera 6.00 llarh 7.00 2.03 llaripo&a 5.00 I "-oc:1JIo 7.00 2.04 IIarcad 6.00 .11 lIodoc 7.25 ""- 6.00 I ~ 8.00 If... 6.50 .81 IfevacIa 5.00 .lD llraDIJa 8.60 1.29 P1_ 8.00 I R1 varaic18 6.00 .32 S.~o 6.80 s.n llani1:o 6.85 2.54 San "~.n1ino 8.00 I San Di890 .7.50 San Francisco, 6.00 .39 s.n Joaquin 6.00 .11 San Lu1a Obispo 5.42 .88 I Sanllateo 6.75 .55 S.nta Barbara 6.30 Santa Clara 6.85. 2.54 Santa cruz 6.85 2.54 Shasta 4.50 I Sierra 5.00 .10 CA9300D3 - J I I I '18 I I. I I I I I I I I I I I I I I I I I I 94 4 SisJt1yau Solano Son....' Stanislaua Sutter '1'~ '1'rinity 'l'Ulara 'l'uol_ Ventura Yolo , Yuba PIlMP IIlS'1'AU.ZR: AlIMda Alpine AIIador Colusa Cont1'a Costa El -Dondo Fresno Illperial ~rn I.IIca Loa Anqel.. !laden llarin llaripoaa _ocino IIon1:any Mapa Placu- 1'1..... R1v~ic1a h=-to san a.n1to san IIernazd1no san Di-vo san Joaquin san Luis Obispo san !Iateo S~ Barbara Sa_ Clara santa cruz S~ Son.... '1'._ '1'rinity '1'Uol_ Ventura 7.25 7.65 7.00 7.00 5.00 8.00 4.50 5.00 5.00 8.60 6.00 5.00 1.79 .11 1.23 .39 .10 7.50 8.00 8.00 10.57 7.50 8.00 6.38 8.50 5.50 10.57 9.76 7.50 10.57 7.50 10.57 12;50 13.00 8.00 10.36 6.50 9.U 8.39 10.30 7.85 11.3' 6.58 10.36 7.57 8.3' 8.3' '.63 10.57 10.36 '.63 7.50 11.00 2.03 1.04 .43 2.03 .57 .72 2.03 .72 2.03 .81 1.65 .34 .83 2.65 .77 3.82 1.65 2.65 2.65 1.36 2.03 1.65 1.36 .72 1.48 ....------- Unlisted claaaificationa needed for work not included within the 0.930003 - 4 "1 I I I I I I I I I I I I I I I I I I I '9.Jl4 4 General Decision Number CA930006 Superseded General Decision No. CA910006 State: California Construction Type: Dredging County ( ies) : DEL NORTE HUMBOLDT LOS ANGELES MARIN MENDOCINO MONTEREY ORANGE RIVERSIDE SAN DIEGO SAN FRANCISCO SAN LUIS OBISPO SAN MATEO SANTA BARBARA SANTA CRUZ SONOMA VENTURA HOPPER DREDGING COtlSTRUCTION PROJECTS Modification Number o 1 Publication Date 02/19/1993 07/09/1993 C^930006 - 1 so I. I I I I I I I I I I I I I I I I I I 94 If COUNTY (ies) : DEL NORTE HUN BOLDT LOS ANGELES MARIN MENDOCINO MONTEREY ORANGE RIVERSIDE SAN DIEGO SAN FRANCISCO SAN LUIS OBISPO SAN MATEO SANTA BARBARA SANTA CRUZ SONOMA VENTURA * SUCA5005A 09/01/1991 Rates Fringes SELF-PROPELLED HOPPER DREDGES: Drug tenders 8.78 4.23 + a FOOTNOTE: a: Nine paid holidays: New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Paul Hall's Birthday (Aug. 20th), Veterans Day, Thanksgiving Day and Christmas Day. ---------------------------------------------------------------- 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 (29 CFR 5.5(a) (1) (ii)). END OF GENERAL DECISION CA930006 - 2 Sf I 94 4 ! I SECTION 7 , I BLANK I I I I I I I I I I I I I I I SP-22 I I I I I I I I I I I I I I I I I I I I 94 4 SECTION 8. MATERIALS SECTION 8-1 MISCELLANEOUS 8-1.00 BUY-AMERICA REQUIREMENTS -- Attention is directed to the "Buy Amerlca" requIrements of the Surface Transportation Assistance Act of 1982 (Section 165) and the regulations adopted pursuant thereto. In accordance with said law and regulations, all manufacturing processes for steel materials furnished for incorporation into the work on this project shall occur in the United States. A Certificate of Compliance, conforming to the provisions in Section 6-1.07, "Certificates of Compliance", of the Standard Specifications, shall be furnished for steel materials. The certificates, in addition to certifying that the materials comply with the Specifications, shall also specifically certify that all manufacturing processes for the materials occurred in the United States. The requirements imposed by said law and regulations do not prevent a minimal use of foreign steel materials if the cost of such materi al s used does not exceed one-tenth of 1 percent (0.1%) of the total contract cost or $2,500.00, whichever is greater. The Contractor shall furnish the Engineer acceptable documentation of the quantity and value of any foreign steel prior to incorporating such materials into the work. SP-23 I I I I I I I I I I I I I I I I I I I 94 4 SECTION 8-2 CONCRETE 8-2.01 CGMPRESSlVE STRENGTH -- The fourth paragraph of Section 90-9,01, "General", of the Standard Specifications is amended to read: When concrete is designated by 28-day compressive strength rather than by cement content, the concrete strength to be used as a basi s for acceptance of other than steam cured concrete wi 11 be determi ned from cylinders cured in conformance with Method 1 of California Test 540. If the results of anyone or more of the 28-day strength tests are below the specified strength, the Contractor shall, at his expense, make corrective changes, subject to approval of the Engineer, in the mix proportions or in the concrete fabrication procedures, before placing additional concrete, and shall pay to the City $10.00 for each in pl ace cubi c yard of concrete represented by the deficient tests, If the results of any one or more of the 28-day strength tests fall below 95 percent of the specified strength, the Contractor shall make the aforementi oned correcti ons, and shall pay to the City $15.00 for each in place cubic yard of concrete represented by the deficient tests. In addition, such corrective changes shall be made when the compressive strength of concrete tested at 7 days indicates, in the judgement of the Engi neer, that the concrete wi 11 not attain the required compressive strength at 28 days. No single 28-day strength test shall represent more than 300 cubic yards. 8-2.02 AGGREGATES -- Section 90-2.02, "Aggregates", of the Standard Speclflcations is amended by adding the following paragraph: Mineral admixture will be be required in the manufacture of concrete containing aggregate, that is determined to be "deleterious" or "potentially deleterious" when tested in accordance with ASTM Designation: C 289. The use of mineral admixture in such concrete shall conform to the requirements in Section 90-4.08, "Required Use of Mineral Admixtures", except the use of Class C mineral admixture will not be permitted, SP-24 I I I I I I I I I I I I I I I I I I I 94 4 8-2,03 CURING COMPOUND The seventh paragraph of Section 90-7,OIB, "Curing Compound Method", of the Standard Specifications is amended to read: Curing compounds (1), (2), and (3) listed above shall be applied at a nominal rate of one gallon per 200 square feet. Curing compound (4) shall be applied at a nominal rate of one gallon per 250 square feet, Curing compounds (5) and (6) shall be applied at a nominal rate of one gallon per 150 square feet. Curing compounds (7) and (8) when specified shall be applied at the rate specified. SP-25 I I I I I I I I I I I I I I I I I I I f 94 4 SECTION 9 9ESCRIPTION.O~ WORK 9-1.01 DESCRIPTION OF WORK -- The road work to be done consists, in general, of constructing wingwalls; 1/2 ton concrete-rock slope protection; temporary chain link construction fence; constructing Type 26 concrete barrier; installing metal beam guard railing; constructing chain link railing; and such other items or details, not mentioned above, that are required by the Plans, Standard Specifications, or these Special Provisions shall be performed, placed, constructed or installed, SP-26 I I I I I I I I I I I I I I I I I I I 94 4 SECTION 10 CONSTRUCTION DETAILS SECTION 10-1 - GENERAL 10-1.01 ORDER. OF WORK the provlslons In Section Standard Specifications and -- Order of work shall conform to 5-1.05, "Order of Work", of the these Special Provisions, The first order of work shall be to construct and maintain the "Temporary Chain Link Fence", as shown on the Plans. At locations exposed to public traffic where guard railings or barriers are to be constructed, reconstructed, or removed and replaced, the Contractor shall schedule his operations so that at the end of each working day there shall be no post holes open nor shall there be any railing or barrier posts installed without the blocks and rail elements assembled and mounted thereon. 10-1.02 MAINTAINING TRAFFIC -- Attention is directed to Sections 7-1.08, "PublIC Convenience", 7-1.09, "Public Safety", and 12, "Construction Area Traffic Control Devices", of the Standard Specifications and to the Section entitled "Public Safety", elsewhere in these special provisions, and these Special Provisions. Nothing in these Special Provisions shall be construed as relieving the Contractor from his responsibility as provided in said Section 7-1.09. The table following the paragraph of Section 12-3,04, amended to read: subparagraph of the fi fth "Portable Delineators", is Divergence Incidence Dry Angle Angle Reflectance (degrees) (degrees) Value 0.2 .4 250 0.2 30 95 0.5 .4 95 0.5 30 65 Illuminated traffic cones when used during the hours of darkness shall be affixed or covered with reflective cone sleeves as specified in Section 12-3.10, "Traffic Cones", of the Standard Specifications, except the sleeves shall be 7 inches long. SP-27 I I I I I I I I I I I I I I I I I I I 94 4 Lane closures shall conform to the provlslons in the section of these Special Provisions entitled, "Traffic Control System for Lane Closure". Personal vehicles of the Contractor's employees shall not be parked on the traveled way at any time, The Contractor shall notify local authorities of his intent to begi n work at 1 east 5 days before work is begun. The Contractor shall cooperate with local authorities relative to handling traffic through the area and shall make his own arrangements re1 ati ve to keepi ng the work i ng area c1 ear of parked vehicles, Whenever vehicles or equipment are parked on the shoulder within 6 feet of a traffic lane, the shoulder area shall be closed with f10urescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at 25-foot i nterva 1 s to a poi nt ot 1 ess than 25 feet past the 1 ast vehicle or piece of equipment. A minimum of g cones or portable delineators shall be used for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted on a telescoping flag tree with flags. The flag tree shall be placed where directed by the Engineer. A minimum of one (paved) traffic lane, not less than 12 feet wide, shall be open for the use by public traffic in each direction of travel. The full width of the traveled way shall be open for use by public traffic on Saturdays, Sundays, and designated legal holidays, after 3:00 p.m. on Fridays and the day preceding designated legal holidays, and when construction operations are not actively in progress. Designated legal holidays are: January 1st, the third Monday in February, the last Monday in May, July 4th, the first Monday in September, November 11th, Thanksgiving Day, and December 25th. When a designated legal holiday falls on a Sunday, the following Monday shall be a designated legal holiday. When November 11th falls on a Saturday, the preceding Friday shall be a designated legal holiday. Minor deviations from the requirements of this section concerning hours of work which do not significantly change the cost of the work may be permitted upon the written request of the Contractor if in the opinion of the Engineer public traffic will be better served and the work expedited, Such deviations shall not be adopted until the Engineer has indicated his written approval, All other modifications will be made by contract change order. SP-28 I I I I I I I I I I I I I I I I I I I 94 4 10-1,03 TRAFFIC CONTROL SYSTEM FOR LANE CLOSURE -- A traffic control system shall consist of closIng trafflc lanes in accordance with the details shown on the Plans, the provisions of Section 12, "Construction Area Traffic Control Devices", of the Standard Specifications, the provisions under "Maintaining Traffic", elsewhere in these special provisions, and these Special Provisions. The provIsIons in this section Contractor from his responsibility to devi ces or take such measures as may with the provisions in Section 7-1.09, Standard Specifications. will not relieve the provide such additional be necessary to comply "Public Safety", of the The seventh and el eventh paragraphs of Secti on 12-3.03, "Flashing Arrow Signs", of the Standard Specifications are amended to read, respectively: In the sequential mode, either arrowheads or arrows shall flash sequentially in the direction indicated. Flashing arrow signs shall be mounted to provide a minimum of 7 feet between the bottom of the sign and the roadway. The twelfth paragraph of said Section 12-3,03, is deleted, When lane closures are made for work periods only, at the end of each work period, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the travel ed way and shoul der. If the Contractor so elects, said components may be stored at selected central locations, approved by the Engineer, within the limits of the highway right-of-way. The contract lump sum price paid for traffic control system shall include full compensation for furnishing all labor, materials (including signs), tools, equipment and incidentals, and for doing all the work involved in placing, removing, storing, maintaining, moving to new locations, replacing, and disposing of the components of the traffic control system as shown on the Pl ans, as speci fi ed in the Standard Specifications and these Special Provisions, and as directed by the Engineer. Traffic control system required by work which is classed as extra work, as provided in Section 4-1.030 of the Standard Specifications, will be paid for as a part of said extra work. SP-29 I I I I I I I I I I I I I I I I I I I 94 4 10-1.04 EXISTING HIGHWAY FACILITIES -- The work performed in connection w1th varIous eXIstIng hIghway facilities shall conform to the provisions in Section 15, "Existing Highway Facilities", of the Standard Specifications and these Special Provisions. 10-1.05 CLEARING AND GRUBBING -- Clearing and grubbing shall conform to the prov1s10ns 1n Section 16, "Clearing and Grubbing", of the Standard Specifications. The lump sum price paid for clearing and grubbing shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in, "Clearing and Grubbing", as shown on the Plans and as specified in the Standard Specifications and these Special Provisions, and as directed by the Engineer, and no additional compensation will be allowed therefor. 10-1.06 DUST PALLIATIVE -- Furni shi ng and applyi ng dust palliative shall conform to the provisions in Section 18, "Dust Palliative", of the Standard Specifications. 10-1.07 WATERING provisions in SectIon Specifications. Watering shall conform to the 17, "Watering", of the Standard 10-1.08 DRILL AND BOND [)OWELS -- Drilling and bonding dowels shall conform to the details shown on the Plans, the provisions in Section 83-2.020(1), "General", of the Standard Specifications and these Special Provisions. Reinforcing steel dowels shall conform to the provisions in "Reinforcement", elsewhere in these Special Provisions. Full compensation for drilling holes and bonding dowels shall be considered as included in the contract price paid per linear foot for, "Concrete Barrier", including furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in drilling the holes and bonding the dowels, complete in place, as shown on the Plans, as directed by the Engineer, and no additional compensation shall be allowed therefor. 10-1.09 rail i ng shall "Railings", of Provisions, METAL -BEAM GUARD RAILING -- Metal beam guard conform to the provIsIons in Section 83-1, the Standard Specifications and these Special Attention is directed to, "Order of Work", of these Special Provisions. Line posts and blocks shall be wood, SP-30 I I I I I I I I I I I I I I I I I I I 94 4 10-1.10 provisions in Specifi cations EARTHWORK Section and these Earthwork shall conform to the 19, "Earthwork", of the Standard Special Provisions, Roadway embankment construction shall have a relative compaction of 95% for the layer within 1.00 foot of the 9radin9 plane. The relative compaction of each layer below 1,00 foot of the 9rading plane shall not be less than 90%. Cost for compaction test ordered by the Engineer shall be paid for in the following manner: (1) Tests whi ch do not meet compaction will be paid for deduction from his contract. the required relative by the Contractor as a (2) Tests which do meet the required relative compaction will be paid for by the City. Pervious backfill material within the limits of payment for wi ng wa 11 s wi 11 be i ncl uded in the cost for concrete structures and no separate payment will be allowed therefor. Structure excavation and backfill shall conform to Section 19-3, of the Standard Specifications. Surplus excavated material shall become the the Contractor and shall be disposed of outside right-of-way in accordance with the provisions 7-1.13 of the Standard Specifications. property of the highway in Section Where a portion of existing surfaces is to be removed, the outline of the area to be removed shall be cut on a neat line with a power-driven saw to a minimum depth of 0.17-foot before removing the surfacing. Full compensation for cutting existing surfacing shall be considered as included in the contract price paid per cubic yard for roadway excavation and no additional compensation will be allowed therefor. 10-1.11 CONCRETE STRUCTURES -- Portland Cement Concrete structures sha 11 conform to the provi si ons in Secti on 51, "Concrete Structures", of the Standard Specifications and these Special Provisions. Structure excavation and backfill for wing walls shall be i ncl uded in the cost for concrete structures and no separate payment will be allowed therefor. CONCRETE -- Concrete whi ch has a 28-day compressi ve strength shown on the Plans of 3,500 pounds per square inch shall contain not less than 658 pounds of cement per cubic yard, Such concrete shall be considered to be SP-31 I I I I I I I I I I I I I I I I I I I 94 4 designated by cement content rather than compressive strength and the requirements in paragraph of Section 90-1.01, "Description", Standard Specifications shall not apply. by 28-day the ninth of the 10-1.12 REINFORCEMENT Bar reinforcing steel shall conform to the provisIons in Section 52, "Reinforcement", of the Standard Specifications and these Special Provisions. The first sentence of the sixth paragraph of Section 52-1.07, "Placing", of the Standard Specifications is amended to read: All reinforcement shall have a clear coverage of 2-i nches, except the top steel of the box cul verts invert slab shall have a clear coverage of 3-1/2 inches. 8ar reinforcing steel will be considered as included in the contract unit price paid for concrete structures and no additional compensation shall be allowed therefor. 10-1.13 SLOPE PROTECTION Slope protection shall conform to the provIsIons In Section 27, "Slope Protection", of the Standard Specifications and San Bernardino County Flood Control District Standard Plan S.P. 196-A. A, Concreted-Rock Slope Protection -- Thi s work shall consist of placing 1/2-ton rocks embedded in concrete as called for on the Plans. Pl aci ng rock shall be by "Method B Pl acement", in accordance with Section 72-5.03, "Placing Rock", of the Standard Specifications. Pl aci ng concrete shall be in accordance with Secti on 72-5.04, "Placing Concrete", of the Standard Specifications. PAYMENT Full compensation for constructing concrete-rocked slope protection, including earthwork, foundation, preparation, furniShing and placing rock and concrete and all appurtenant labor shall be included in the contract unit bid price paid per cubic yard for "Concreted-Rock Slope Protection", and no additional compensation shall be allowed therefor. 10-1.14 CHAIN LINK RAILING -- Chain link railing shall conform to the prov1 Sl ons 1 n Section 83-1, "Rail i ngs", of the Standard Specifications and these Special Provisions, and in accordance with Caltrans Standard Plan 811-52. SP-32 I I I I I I I I I I I I I I I I I I I I 94 4 10-1.15 CONCRETE BARRIER -- Concrete barriers shall conform to the provisions in Section B3-2, "Barriers", of the Standard Specifications and in accordance with State of California Department of Transportation, Standard Plan Bll-53, "Concrete Barrier, Type 25". Barrier drain shall conform to the provlslons in Section 68-1.02K, "Perforated Plastic Pipe", Section 68-1.025, "Permeable Material", Section 68-1.028, "Filter Fabric". Barrier drain permeable material shall be Class 2, Full compensation for barrier drains shall be considered as included in the contract price per linear foot for, "Concrete Barrier", including furnishing all labor, materials, tools, equipment and incidentals, complete in place, as shown on the Plans, as directed by the Engineer, and no additional compensation shall be allowed therefor. 10-1.16 TEMPORARY CHAIN LINK CONSTRUCTIQN FENCE Temporary chain lInk construction fence shall conform to the provisions in Section 80-4, "Chain Link Fence", of the Standard Specifications. Temporary chain link construction fence shall be constructed as shown on the Plans and as directed by the Engineer and shall also meet any requirement of the Federal Fish and Wildlife Service. The construction fence shall be maintained during the project and shall be removed only after all construction has been completed and as directed by the Engineer. PAYMENT Full compensation for doing all the work Involved in constructing, maintaining, removing and disposing of the temporary chain link construction fence, including furnishing the materials, shall be considered included in the contract unit price paid per linear foot, as shown on the Plans, and as directed by the Engineer, and no additional compensation shall be allowed therefor. SP-33 94 ,x Is",~~~""<ft, 0 FLOOD CONTROL DISTRICT 825 EII1 Third SInal . San IlarMrdino. CA 92415 I I I I I I I I I I I I I I AGENI" S ADDRESS: I I I ~ COUNTY Of SAN illNAlDlNO IIMIONHINTAL ""UC wOla AGINCY ~..1.t'~CPll'E OF ~ NOI'E 'ro PEDun'u:;: 'Ibis fOI'lll is to be CCIlpleted by yoor i.nsurance catpmy. TI~ . 11 ~ ....._ CIILY 1I[LL- _ -...-rv". Return CCIlpleted fOI'lll to san Bernardino Q:lunty Flood control District, Flood control Permit Section, 825 East 'lhird Street, san Bernardino, CA 92415-0835. In a=rdance with penni.t requirements, the un:lersigned does hereby ..~ s~ to the San Berflan:lino County Flood control District ani the Q:lunty of san Bernardino the follawing policy or policies issued to fully CCIlplies with the tollowi.n;J Flood control District .insuranc:e requi.renents: 1. ~ll'U":rc LIABILITY AND FROPERri' ~ - '!he limits of liability in the PUblic Liability ani Property O!mage policy or policies shall not be less than $1,000,000 combined sin;Jle limit. TYPE OF INSURANCE a:MPANY & FOLIC'{ NO. EXP. DATE LIMITS OF LIABILITY 2. ~ N1IMING ADDTI'IOtro.. INSURED - Bath the san IIenW:diDo 00Imty nood o.4.lt..."~ ,-' District and the COUnty of san IlemudiJxI are hereby JlllIIII!cl as addi~ ~'for, ' ' the purpose of the Permit, No. P- ...z..tiVJ{J; 3 . Inc'lUSic.n Mrein at any -pcsa\ or organization as an additianal insured shall nataff~. an:t ri#-*<:l1 GiUCb persal or organization W'CUld have as-a "J"imaY,tif-not soiric:lUded."'>:',-' - 'Ibis .insurance CCNerage shall be primary .insuranc:e with respects to the san Bernardino County Flood control District ani the Q:lunty of San Bernimtillo. 3. 'IHIRl'Y 1301 DAY WRITI'EN NJI'ICE OF C"1lNC'F.T:rATICN - Ya.Jr policy shall state that thirty (30) clay prior written notice of carx:ellation, c:hange or expiration will be qiven the san Bernardino Q:lunty Flood O...~ul District, Flood O""i~ul Permit Sectic.n, 825 East 'lhird Street, san Bernardino, CA 92415-0835. INSURANCE cx::MPANY: BY: cx::MPANY AlJIHORIZED SIGNA'lURE DATE AGENl',' S EH:m: Sheet I ~f Exhibit Map .. Pemi.t No. 1>-~ File z... "'Of. t REV. 3/92 I I I I I I I I I I I I I I I I I I I 94 If ATTACHMENT gAg STANDARD PLANS 94 4 STD. PLAN AnA ;, o ;.' . c ~ 2 ~.. 5 ~ ~ . 2 c ~ 1 !. 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" ::l;;:; CcriU I Ii; ,ll I ~ &'D I, -' ~ w Cl Cl ~ ~ w -' ~ ::> o w z o ~ en ..-- Z <I ...J a.. ...J <I o 0:: >- I- w ~ ::> o a::: ~ SP. t96 II I I I I I I I I I I I I I I I I I I I 94 4 A G R E E MEN T CITY OF SAN BERNARDINO THIS AGREEMENT is made and concl uded thi s 31-51.- day of . V;;I\/v~v~r , Igg~1 between the Cijy of S~ Bernardi no (hereina t r "City"), and G.:rI-/o.'-G Co-';-;v<-c fn;"7hc-, (hereinafter "Contractor"). . 1. For and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the City, and under the conditions expressed in the bond as deposited with the City, receipt of which is hereby acknowl edged, Contractor agrees wi th the Ci ty, at Contractor's own proper cost and expense in the Special Provisions to be furnished by the City, necessary to complete in good workmanlike and substantial manner the IMPROVEMENTS ON ALABAMA STREET AT CITY CREEK in strict conformity with Plans and Special Provisions No. 9004 . , and also in accordance wi th Standard Specifications, State of California, Department of Transportation, dated July, 1992, on file in the Office of the City Engineer, which said Special Provisions, and Standard Specifications are hereby especially referred to and by such reference made a part hereof. 2. Contractor agrees to receive and accept the prices as set forth in the bid schedule as full compensation for furnishing all materials and doing all the work contemplated and embraced in this agreement; also for all loss or damage arising out of the nature of the work aforesaid or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work, and for well and faithfully completing the work and the whol e thereof, in the manner and accordi ng to the Plans and Special Provisions, and requirements of the Engineer under them. 3. City hereby promises and agrees with the said Contractor to employ, and does hereby employ the said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to I I I I I I I I I I I I I I I I I I I 94 ' r ,. AGREEMENT: IMPROVEMENTS ON ALABAMA STREET AT CITY CREEK pay the same at the time, in the manner, and upon the conditions above set forth; and the same parties for themselves, their heirs, executors, administrators, and assigns, do hereby agree to the full performance of the covenants herein contained. 4. It is further expressly agreed by and between the parties hereto that should there by any confl ict between the terms of this instrument and the bid or proposal of said Contractor, then this instrument shall control and nothing herei n sha 11 be cons i dered as an acceptance of said terms of said proposal conflicting herewith. IN WITNESS WHEREOF, the parties of these present have hereunto set their hands the year and date first above written. CITY OF SAN BERNARDINO BY: . fP1 ~/I/I">L . /. ~n"'_ '- . }/t-l"M<. . T MIN' , Mayor City of San Bernardino CONTRACTOR Name of Firm: ATTEST: ~~-~. ~EL CLARK, City Clerk /r~ MAILING ADDRESS?d ~'&;:.sO( S CL1.1 <::.. -tS.N~4.{h--l!.~.., ().). APPROVED AS TO FORM q.L"lf/? AND LEGAL CONTENT: JAMES F. PENMAN, City TITLE: Attorney ()- ~// ,- S- 'J / PHONE NO.: 70? -0 J -7.-:5 A:.-<,.- By: ~?'1~ -4:;</- - -. d CUMBRE INSURANCE SERVICES P.O. BOX 5021 UPLAND, CA 91785 (909) 981-2116 (FAX) 949-6116 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW PRClOUCER COMPANIES AFFORDING COVERAGE INSURED Eastland Construction, Inc. P,O, Box 6301 San Bernardino CA 92412 COMPANY A LETTER COMPANY B LEITER COMPANY C LETTER COMPANY D LEITER COMPANY E LETTER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. co lTIl 1YPE Of' INSlJAANCE POUCY NUMBER POUCY EFFECT1VE POUCY ~1lON DATE (MMJDDIYY) DATE (MMJDD/YV) UMITS GEMERAL lIABILIlY COMMERC'AL GENERAL UA"'UTY AC 0 24 24 CLAIMS MADE [XJ OCCUR. OWNER'S & CONTRACTOR'S PROT. GENERAL AGGREGATE $1 000 000 08/15/93 o 8 / 15 / 9 4 PROOUCTS-COMPIOP AGG. $1 000 000 PERSONAl & ADV. INJURY $1 000 000 EACH OOCURRENCE $1 000 000 FIRE DAMAGE (Anyone fire) $ 50 000 MEa EXPENSE (Anyone person $ 5 000 AlI11IDJIlE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-QWNEO AUTOS GARAGE UABIUTY EXCESS lIABILITY UMBRELlA FORM OTIiEA T11AN UMBRELLA FORM COMBINED SINGLE $ UMIT BOOIL Y INJURY $ (Porperson) BOalL Y INJURY $ (Per accident) PROPERTY $ DAMAGE EACH OCCURRENCE YlUCEI(S COFENSATION AJIl EPFlDYfRS~ LlABIlID EACH ACCIDENT $ DISEASE-PQUCY UMIT $ DISEASE-EACH EMPLOYEE $ OTHER DESCRImCfl (f' OPERATIONS/lOCATI(JIS/yEHIClES/SPECIA1. ITEMS Re: Steeet improvements on Alabama St. at City Creek. 10 days notice of cancellation for nonpayment of premium. San Bernardino Co. Flood Control Dist. & the Co. of San Brdo. are additional insured AND ADDITIONAL INSURED City of San Bernardino Public Works/Engineering Attn: Roger G. Hardgrave, RCE 300 N, "D" Street San Bernardino, 92418-0001 94 t\ CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT State of California ,County of San Bernardino r ~. On 01/17/94 DATE } before me, Paula R. Barnhouse, Notary Public NAME, TITLE OF OFFICER. E.G., .JANE DOE, NOTARY PUBLIC" personally appeared Jaek L. Hysong NAME(S) OF StGNER(S) I!I personally known to me - OR-..-a-proved1o-me"01't1t1e b.!l!;! of 3!lt~ to be the person(s) whose namets} islefe subscribed to the within instrument and ac- knowledged to me that helshefthey-executed the same in his/l'ler/their- authorized capacity (test-. and that by his/i'tefItfteif signature(s) on the inslrument the person(s), or the entity upon behalf 01 which the person(s) acted, execuled the instrument. r . . " - " " - . " - - . "f ~.. PAULA R. BARNHOUSE _ '. COMM.lI962410 Z .~ ~... Notary Pubk-caliklmia ~ j . , SAN BERNARDINO COUNTY I . . . My comm. expires MAR 29.1996 ~ ~ ? ~ ~ ~ ~ ~ T ~ ~ ~ _ ~ THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. WITNESS my hand and official seal. -ftrillo..f!.. ~~ . SIGNATURE OF NOTARY No. 5193 - OPTIONAL SECTION- CAPACITY CLAIMED BY SIGNER Though slaM. does not require the Notary to fill in the data below. doing so may prove _uable 10 pllfSOOS relying on the document. o INDIVIDUAL o CORPORATE OFFICER(S) TlTLE(S) o PARTNER(S) 0 LIMITED o GENERAL o ATTORNEY-IN-FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER: Authorized Representative SIGNER IS REPRESENTING: NAME OF PEASON(S) OR ENTITY(tES) Alpine Insurance Co. OPTIONAL SECTION TITLE OR TYPE OF DOCUMENT Certificate of Insurance/Additional Insd. End't. NUMBER OF PAGES 1 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE rn/17/94 @1992NATIONALNOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184- Canoga Park, CA 913()9..7184 , ,94 - .' 4 POLICY NUMBER: AC 02424 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of San Bernardino/Public Works and San Bernardino County Flood Control District and the County of San Bernardino (If no entry appears above, information required to complete this endorsment will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule but only with respect to liability arising out of "your work" for that insured by or for you. 7 , ,/ "~e;C -/ftr;;- CG 20 10 11 85 Copyright, I.S.O. 1984 FLOOD CONTROL 'DISiRIC:r. .' 1211111""" lIIrw1 . San IIamordino. CA 112415 . COUNTY Of IAN illHAlDlHO IHVl.OHHINTAL "'IUC WO.1tS AGIHCY r ,~ .~ ~ ~ :.J I ,-1 2. ~ J J .J J ._J .J 1 ...... 1 .~-i / 94 4 ~'U ~CATE OF IHroR>>a tcI!: 'l'O H:R!u'nu: 'lh1s torm is to be CCIlpleted by your insurance cxnpany. _,'. l _1IIa~ c.LY w:r:u. . ~V"...ti Return CCIlpleted tom to san Bernardino CWnty nocxl Cl:l..t.ul District, Flocxl. Control Permit Section, 825 FAst '1hi.rd Street, san !lernardino, CA 92415-0835. In IICICCt'darat with permit requirements, the l.ll'dersilJl'lEld does hereby 1"t'4 sent to the san Ber1'lIlrd1no County F1ocxl. Control District lint the CWnty ot san Bernardino the to1lcwinq policy or policies issued to EASTLAND CONSTRUCTION,INC, tully CXIlplies with the tollcwinq F1ocx1 Control District insurance requiremants: 1. RlRT.TC UABILlTV AND FOOPERl'V ~ - '!he limits ot liability in the F\lb1ic Liability lint Property I::eIrage policy or policies shall not be less than $1,000,000 CXIltlined sin]le limit. TYPE OF INSURANCE COMMERCIAL GENERAL LIABILITY COoIPAN'i & KlUC'i 00. ALPINE INSURANCE CO. AC 02424 EX!'. [l,b,TE 08/15/94 LIMITs OF UABnny $1,000,000 GEN. AGG. ~ ~ AOOITrQtW, INSURED - Both the San Bemardino Cbunty nood O:iotrol Diatrict and the County ot San Bel::nardino are hen1hy roCllllld as ad:1itiQ'lal. ~ for. . . the pn-pose ot the Permit, No. P- Zit/HI; 3 . Inclusion h&tain at any plInIa1 or organization as IIIl acWtional insured shall notllttect:. any rilAt;.~c:h IIUCh P!!J:'SOn err organization wculd have as'a cl"i....'1t.1f.not so~...., . . :.' ., '!his insucinc::e coverage shall be prjJDary insurMce with respects to the san Bernardino CWnty flocxl COntrol District lint the CWnty of San Be.rnardino. 3. 'IHIRlY (30} [l,b,Y WRI'I'I'rn OOl'ICE OF t'>>Jl"'FrJ'A'l'Tl"N - Your policy shall state that thirty (30) day prior written notice of cancellation, change err expiration will be qiven the san Bernardino CWnty flocxl. Cattro1 District, flocxl. o.../t.ul Permit Section, 825 East '1hi.rd ~, San Bernardino, CA 92415-0835. lNSUIWll::.E CXl-IPMN: INE INStJANCE 'CO..' - BY: ACK 1. HYSONG cA!. AlJIH:)R!ZE!) 5 Do\n: 909/981-2116 AGFNr I 5 ArI:m:SS' 345 W. FOQTHILL BLVD.. #3 UPLAND, CA 91786 AGFNr' 5 HOlE Sheet I ~f Exhibit Map 'I Permit No. - I File "Z .~O(. Z . RE.V. 3/92 94 ..<1 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT State of California No 5193 { County of San Bernardino } ,On 01/17/94 OATE before me, Paula R. Barnhouse. Notary Public NAME. TIn.E OF OFFICER. E.G.. 4JANE DOE, NOTARY PUBUC. personally appeared James Contreras NAME(S) OF S1GNeR(S) [!I personally known to me .-GR--Etprmed1O"~o,,1he-besis~sfactorrnidence to be the perso~ whose namets) istare subscribed to the within instrument and ac- knowledged to me that hefsl!ettlle)'" executed the same in hisfnetfthei1'" authorized capacityfjest. and that by hisfi'terfttteff signature(sron the instrument the person(s). or the entity upon behalf of which the person(s) acted, executed the instrument Ii' ;~~~'-"';";";, ' 'I <. '.. . COMM. 1962410 z , : -. .. NoIaIy Public>CaUlornla ~ "j " SAN BERNARDINO COUNTY ( ! My comm, Ollplres MAR 29.19;6 ~ ~ ~ ~ ~ ~ ~ ~ ~ - ~ - ~ - ~, THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: WITNESS my hand and official seal. JGWh ~- 12ktt~CM2t SIGNATURE OF NOTARY - OPTIONAL SECTION - CAPACITY CLAIMED BY SIGNER Though statute does not require the No1aty to fill in the data below, doing so may prove invaJuab4e to persons relying on !he document o INDIVIDUAL o CORPORATE OFFICER(S) nn.E(S) o PARTNER(S) 0 LIMITED o GENERAL Ii] ATTORNEY.IN.FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER: SIGNER IS REPRESENTING: NAME OF PERSOH(S) OR ENTITY(IES) Allied Hutual Ins. Co. OPTIONAL SECTION TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES 1 DATE OF DOCUMENT Performance Bond .;~ Though t1'1e data requested here is not required by law, it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED A80VE 01/17/94 <:11992 NATIONAL NOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309-7184 At lED Muluallnsurance Company 701 51h Ave, Des Moines, IA 50391-2006 State of California Performance Bond - Public Works ALLIED GROUP 94 4 Insurance $15/M - 1ST 100M ,being at the rate of $ 10/M - NEXT 9Cl42.~er thou- Bond No, Bd 39399 (The premium charged on this bond is $ 1,599.00 sand of the contract price) KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS, the CITY OF SAN BERNARDINO State of California, entered into a contract dated JANUARY 10 19~,with EASTLAND CONSTRUCTION, INC. hereinafter designated as the "Principal: for the work described as follows: STREET IMPROVEMENTS ON ALABAMA ST. AT CITY CREEK ; and WHEREAS, the said Principal is required under the terms of said contract to furnish a bond for the faithful per- formance of said contract NOW, THEREFORE, We, the Principal, and ALLIED MUTUAL INSURANCE COMPANY, Des Moines, Iowa, a corpo- ration organized and existing under the laws of the State of Iowa, and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the CITY OF SAN BERNARDINO ONE HUNDRED NINE THOUSAND NINE hereinafter designated as the "Obligee," in the penal sum of HUNDRED FORTY-TWO & SfJ/100 Dollars ($ 1 nq , q4? sn ),Iawful money of the United States, for the payment of which .sum well and truly to be made, we . bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents, THE CONDITION OF THIS OBLIGATION IS SUCH, That, if the above bounden Principal, his or its heirs, executors, . administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform \ the covenants, conditions and agreements in the said contract and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnilY and save harmless the Obligee, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue, And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications, IN WITNESS WHEREOF, We have hereunto set our hands and seals this of JANUARY ,19 94 17TH day ~ . !:lY:./ C~S CONOTRE Bd 274 (11.87) 04 I I 94 4 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT State of California No. 5193 County of San Bernardino } . On 01/17/94 OATI; before me, Paula R. Barnhouse. Notary Public NAME, TITLE OF OFACEA. E.G., "JANE ooe. NOTARY PUBUC~ personally appeared James Contreras NAME(S) OF SIGNER(S) [!I personally known to me .-GR--Etprmed1O"~0I't1he-besis-of~sfaetorrnidence to be the perso~ whose namets) iSfe:re subscribed to the within instrument and ac- knowledged to me that hefsl!ettlley- executed the same in hisHterfthei1'" authorized capacityfjest, and that by hisfi'terfttteff signature(sron the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. t~ ~ ~ ~ ~ - - - - ~ ~ ~ - ~ (I, '. PAULA R. BARNHOUSE t ,~ ~'. , . COMM,1962410 z ;: 1". . Notary Pu~ic-California ~ j ,~. , 'SAN BERNARDINO CDUNTY f " .." My comm, ."""es MAR 29.1996 . ~ - ~ - ~ - - - - ~ ~ ~ ~ ~ WITNESS my hand and official seal. ~rhR, ~~~ ! THIS CERTIFICATE MUST BE ATTACHED TO . THE DOCUMENT DESCRIBED AT RIGHT: SIGNATURE OF NOTARY OPTIONAL SECTION TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES 1 - OPTIONAL SECTION - CAPACITY CLAIMED BY SIGNER Though statute does not require ttle Notary to fill in the data below, doing so may prove invaluable to persons relying on the document o INDIVIDUAL o CORPORATE OFFICER(S) nTte(s) o PARTNER(S) 0 LIMITED o GENERAL Ii] ATTORNEY.IN-FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(SI OR ENTlTY(lES) Allied Nutua1 Ins. Co. Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE P::Iympnr Rnnn DATE OF DOCUMENT 01/17 /94 @1992NATIONALNOTARY ASSOCIATION. 8236 Rammet Ave., P.O. Box 7184. Canoga Pane. CA 91309-7184 D Mutual Insurance Company 701 5th Ave, Des Moines, IA 50391-2006 State of California Payment Bond - Public Works (Section 3247-3252 inclusive California Civil Code) ALLIED GROVP Insurance 94 A (Premium included in Faithful Performance Bond) Bond No, Bd 39399 KNOW ALL MEN BY THESE PRESENTS: That, Whereas, the CITY OF SAN BERNARDINO has awarded to EASTLAND CONSTRUCTION, INC. as Contraqor, a contract for the work described as follows: AT CITY CREEK STREET IMPROVEMENTS ON ALABAMA ST. AND WHEREAS, Said Contractor is required to furnish a bond in connection with said contract, to secure the pay- ment of claims of laborers, mechanics, materialmen, and other persons as provided by law; NOW, THEREFORE, We the undersigned Contractor and Surety are held and firmly bound unto the CITY OF SAN BERNARDINO in the amount required by law, the sum of ONE HUNDRED NINE THOUSAND NINE HUNDRED FORTY-TWO & 50/100 Dollars ($ 109,942.50 ) for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents, THE CONDITION OF THIS OBLIGATION IS SUCH, That if said Contractor, his or its heirs, executors, administrators, successors or assigns, or subcontractors, shall ~ fail to pay any of the persons named in Civil Code Section 3181, or amounts due under the Unemployment's Insurance Act with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor .. and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such work and labor, that the Surety or Sureties herein will pay for the same in the amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void, In, case suit is brought upon this bond, the said Surety will pay a reasonable attorney's fee to be fixed by the court, This bond shall inure to the benefit of any of the persons named in Civil Code Section 3181 as to give a right to action to such persons or their assigns in any suit brought upon this bond, ~ In Witness Whereof, We have hereunto set our hands and seals this 19--'iL, 17TH day of JANUARY , ;; By D. D ,PRESIDENT NSURANCE COMPANY / (Surety) By: t. meY-ln- ac ~, "--. AM CO t Bd 275 (11-87) 04 .. , l1li Power of Attorney 94 , 94 4 KNOW ALL MEN BY THESE PRESENTS That ALLIED Mutual Insurance Company, a corporation organized under the laws of the State of Iowa, with its principal office in the City of Des Moines, Iowa, hereinafter called "Company", does hereby make, constitute and appoint JAMES CONTRERAS ANTHONY CONTRERAS UPLAND, CA each in his individual capacity, its true and lawful Attorney-In-Fact with full power and authority to sign, seal, and execute in its behalf any and all bonds and undertakings and other obligatory instruments of similar nature (except bonds guaranteeing the payment of principal and interest of notes, mortgage bonds and mortgages) in penalties not exceeding the sum of ONE HUNDRED THOUSAND AND NO/tOO DOLLARS ($ 100,000.00 ) and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the following By-Laws duly adopted by the Board of' Directors of the Company. ARTICLE 7 EXECUTION OF CONTRACTS "Section 7.4 Instruments Issued by the Corporation. Bonds, undertakings, and other obligatory instruments of similar nature, other than insurance policies and insurance endorsements, issued by the Corporation shaH be validly executed and binding on the Corporation when signed by the President or a Vice President or by the Attorney(s)-In-Fact appointed by the President or by a Vice President." "Section 7.5 Appointment of Al!ents. The President or a Vice President shall have the power to appoint agents of the Corporation, or other persons, as Attorney(sHn-Fact to act on behalf of the Corporation in the execution of bonds, undertakings, and other obligatory instruments of similar nature, other than insurance policies and endorsements, with full power to bind the Corporation by their signature and execution of any such instrument. The appointment of such Attorney(s)-In-Fact shall be accomplished by Powers of Attorney signed by the President or the Vice President." This Power of Attorney is signed and sealed by facsimile under and by the following By-Laws duly adopted by the Board of Directors of the Company. ARTICLE 7 EXECUTION OF CONTRACTS "Section 7.6 Vcrirlcations. The Secretary, or any Assistant Secretary, is authorized to certify that any such Power of Attorney signed is validly executed and binding on the Corporation and to certify that any bond, undertaking, or obligatory instrument of similar nature, other than insurance policies and endorsements, to which the Power of Attorney is attached is and shall continue to be a valid and binding obligation of the Corporation, according to its terms, when executed by Attorney(s)-In-Fact appointed by the President or Vice President." "Section 7.7 Use of Comorate Seal. It shall not be necessary to the valid execution and binding effect on the Corporation of any bond, undertaking, or obligatory instrument of similar nature, other than insurance policies and endorsements, signed on behalf of the Corporation by the President or a Vice President, or Attorney(s)-ln-Fact appointed by the President or a Vice President, or of any Power of Attorney executed on behalf of the Corporation appointing Attorney(s)-In-Fact to act for the Corporation, or of any certificate to be executed by the Secretary or an Assistant Secretary, as hereinabove in Sections 7.4, 7.5, and 7.6 provided, that the corporate seal be affixed to any such instrument, but the person authorized to sign such instrument may affix the corporate seal. A facsimile corporate seal affixed to any such instrument shall be as effective and binding as the original seaL ~ !'Section 7.8 Other Facsimile Sil!natures. A facsimile signature of the President or of a Vice President affixed to any bond, undertaking, or obligatory instrument of similar nature, other than policies and endorsements, or to a Power of Attorney signed by such President or a Vice President, as herein in Sections 7.4 and 7.5 provided, or a facsimile signature of the Secretary or of an Assistant Secretary to any certificate as herein in Section 7.6 provided, shall be effective and binding upon the Corporation with the same force and effect as the original signatures of any such ofrIcers." "Section 7.9 Former Officers. A facsimile signature of a former officer shall be of the same validity as that of an existing officer, when affixed to any insurance policy or insurance endorsement, any bond or undertaking, any Power of Attorney or certificate, as herein in Sections 7.1, 7.2, 7.4, 7.5, and 7.6 provided." IN WITNESS WHEREOF, the Company has caused these presents to be signed by its President and its corporate seal to be hereunto affixed Ihis 23 day of AUlil.1~T ,1993 ;!>:'.'::~~. ALLlE~D MUTUAL IFlSURA,NyE CO~'.:~:N\ "iSEALj" "- L')~ \ STATE OF IOWA .~",',",,";"1 By: -, COUNTY OF POLK ss '~;::.r.' . On this 23 day of AUGUST ,1993 ,before me pers y came James D. Kirkpatrick, to me known, who, being by me duly sworn, did depose and say that he is President of ALLIED Mutual Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said corporation, that the seal affixed to said instrument is such corporation seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that has igned his name thereto pursuant to like authority, and acknowledged the same to be the act and deed of said corporation. ~ Stacy Koehn r"otary Public in and for the Stat President .....'..l~/.r... 5T ACY KOEH N ! A ~* MY COMMISSION EXPIRES ~' 11-4.94 CERTIFICATE I, the undersigned, Secretary of ALLIED Mutual Insurance Company, a corporation organized under the laws of the State of Iowa, do hereby certify that the foregoing Power of Attorney is still in force, and further certify that Sections 7.4 through 7.9 inclusive of Article 7 of the By. Laws of the Company set forth in said Power of Attorney are still in force. IN TESTIMONY \VHEREOF, I have subscribed my name and affixed the seal of the c(J)rn anYr Ihis 17TH day of JANUARY , 19 94 ;:.~r.:i~~~1 (J 00139 '.:SEAL;" fe]. ThiS Power of Attorney expucs f. --.>..,,0'1 Secretary 08/23/96 1tI~',~~::" Bd I (02-93) 00 ......