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RESOLUTION NO. 94-99
RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A
CONTRACT TO CORNISH CONSTRUCTION COMPANY, INC. FOR INSTALLATION
OF THE RICHARDSON STREET STORM DRAIN, FROM DAVIDSON STREET TO
MISSION CREEK.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Cornish Construction Company, Inc. is the
lowest
responsible bidder for:
Installation of the Richardson
Street
Storm Drain, from Davidson Street to Mission Creek
9 Channel, per Plan No. 8854. A contract is awarded accordingly to
10 said bidder for the total amount of $198,000, but such award
11 shall be effective only upon the contract being fully executed by
12 both parties. All other bids, therefore, are hereby rej ected.
13 The Mayor is hereby authorized and directed to execute said
14 contract on behalf of the City; a copy of the contract is on file
15 in the office of the City Clerk and incorporated herein by
16 reference as fully as though set forth at length.
17 SECTION 2. This contract and any amendment or modifica-
18 tions thereto shall not take effect or become operative until
19 fully signed and executed by the parties and no party shall be
20 obligated hereunder until the time of such full execution. No
21 oral agreements,
amendments, modifications or waivers are
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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This resolution is rescinded if the parties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 (60l days of the
passage of this resolution.
/ / / /
/ / / /
3-30-94
94 99
RESO: AWARDING CONTRACT TO CORNISH CONSTRUCTION COMPANY, INC.,
FOR INSTALLATION OF THE RICHARDSON STREET STORM DRAIN,
FROM DAVIDSON STREET TO MISSION CREEK.
.I ~
1 I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and Common Council of the City of San
3 Bernardino at a
4 l8thday of April
5 Council Members:
6 NEGRETE
7 CURLIN
8 HERNANDEZ
9 OBERHELMAN
10 DEVLIN
11 POPE-LUDLAM
12 MILLER
13
reaular
meeting thereof, held on the
, 1994, by the following vote, to-wit:
AYES
NAYS
ABSTAIN
ABSENT
x
x
x
x
x
x
x
14
15
16
day of
17
18
19
The foregoing resolution
~Q '{llarJu
4:, J!~JlQJ~~l~CZC:k
is hereby approved this \'::3 ~.
April
, 1994.
~~2J
. / ~n"Vl 4~iC~
, Tom Minor, Mayor
Ci ty of San Bernardino
Approved as to form
20 and legal content:
21 James F. Penman
22 City Attorney
:B~
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- 2 -
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i .6.~:~~ "-\\\~\~'\
.- ----.~..-.---.--~tR'~lij~L
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FILE NO. 4.42-22
W.O. NO. 1415
~
CITY OF SAN BERNARDINO
STATE OF CALIFORNIA
[,
L
CONTRACT DOCUMENTS
PLAN AND SPECIAL PROVISIONS NO. 8854
FOR
.STORM DRAIN IMPROVEMENTS
IN
RICHARDSON STREET
FROM
DAVIDSON STREET TO MISSION-ZANJA CHANNEL
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DIVISION OF ENGINEERING
DEPARTMENT OF PUBLIC WORKS
CITY OF SAN BERNARDINO
NOVEMBER, 1993
BIDS WILL BE RECEIVED UP TO THE ~OUR OF 2:00 P.M.
ON MARCH 29 , 1994
<>'~'h
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94 99
FILE NO. 4.42-22
W.O. NO. 1415
ADDENDUM ND. ONE
FOR
STORM DRAIN IMPROVEMENTS
IN
RICHARDSON STREET
FROM
DAVIDSON STREET TO MISSION-ZANJA CHANNEL
PLAN NO. 8854
The following Special Provisions for this project are
hereby amended as follows:
1. Revise the centerline of the storm drain pipe off set
from 6' to 4' West of the street centerline.
2.
Protect in place
West of street
Street.
existing 18" water line located 10'
centerline all along Richardson
3.
Protect in pl ace exi sti ng 6"
East of street centerline
Street.
water line located 12'
all along Richardson
All bidders shall indicate receipt of Addendum No. One in
their bid.
By:
Date:
"]-(8'-ry
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94 99
INDEX
BID DOCUMENTS
Advertisement for Bids
Information for Bidders
Bid for Unit Price Contract
Conflict of Interest Clause
Contract
Construction Contract Provisions
Document List
SPECIAL PROVISIONS
Section 1 - Specifications and Plans
Section 2 - Proposal Requirements
and Conditions
Section 3 to Section 5 - Blank
Section 6 - General
Section 7 - Utilities
Section 8 - Description of Work
Section 9 to Section 19 - Technical Specs
AB-1 to AB-3
IB-1 to IB-5
P -1 to P-13
CI-1
C-1 to C-2
CP-1 to CP-4
DL-1 to DL-2
SP-1
SP-2 to SP-3
SP-4
SP-5 to SP-9
SP-10 to SP-ll
SP-12
SP-13 to SP-27
SBCFC DRAWINGS NO. S.P. 101-1, S.P. 101-2, S.P. 101-3
HUD CONSTRUCTION CONTRACT PROVISIONS
I. Documents
II. Labor Standards and Provisions (Davis-Bacon Act)
III. Equal Employment Regulations
IV. Bonding and Insurance Requirement
V. Supplemental General Conditions
VI. U.S. Department of Housing and Urban Development --
STANDARDS OF CONDUCT
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94
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213,935.00
Engineer's Estimate $
ADVERTISEMENT FOR BIDS
Project No. 8854- .
City of-San Bernardino
Owner
Separate sealed bids for the STORM--DRAIN IMPROVEMENTS -IN
RICHARDSON STREET FROM DAVIDSON STREET-TO-MISSION-ZANJA CHANNEL
will be received by the City of San Bernardino at the Office of
the City Engineer, San Bernardino, City Hall, 300 North "D"
Street, until 2:00 o'clock P.M., MARCH 29,1994
and then will be publicly opened and read aloud in the City
Engineer's Conference Room, 300 North "D" Street, 3rd Floor,
San Bernardino, California.
The i nformati on for Bi dders, Form of Bi d, Form of Contract,
Plans, Specifications and Forms of Bid Bond, Performance and
Payment Bond, and other contract documents may be exami ned at
the following:
San Bernardino City Hall, 300-North"D" Street
San Bernardino, California,92418
Copies may be obtained at the Office of --the City-Engineer,
located at City Hall ,300 North "D"Street, San Bernardino,
upon payment of a non-refundable amount of $20.00 per set.
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94 99
The Owner reserves the right to waive any informalities or to
reject any or all bids. Each bidder must deposit with his bid,
security in the amount, form and subject to the conditions
provided in the Information for Bidders.
The Contractor may substitute securities for any monies
withheld by the Agency to ensure performance under the contract
as provided for in Section 22300 and Section 10236 of the
California Public Contract Code.
Attention of bidders is particularly called to the requirements
as to condi ti ons of employment to be observed and mi nimum wage
rates to be paid under the contract.
The Contractor shall possess a Class "A" License or a Class
"C-34" License at the time the contract is awarded.
No bidder may withdraw his bid within
actual date of the opening thereof.
60
days after the
A Pre-Bid Meeting will be held on MARCH 16
1994, at 2 :00 p.m., at the office of the Director of Public
Works/City Engineer, City Hall, Third Floor, 300 North "0"
Street, San Bernardino, CA 92418. This meeting is to inform
MBEs/WBEs of subcontracting and material supply opportunities.
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94 99
Bidder's attendance at this meeting is a prerequisite for
demonstrati ng a good fa i th effort to obtain the goals for
MBE/WBE parti ci pa ti on; however, if the MBE!WBE goal is met or
MBE/WBE participation is obtained, attendance is not required.
~h//'M t:~&~
RACHEL CL'RK, City Clerk ~
i~OTlCE TO ADVER liSt.
SPECIFICATION NO......J?.(l~_I_.._____ -- .
SHALL APPEAR IN FIRST ISSUE NOT LATER THP.N
DATLtlI.U::c.b...9:.,....1994___&__Mat.ch...9, 1994
SECOND PUBLICATION FIVE DAYS LATER
';fGNATURE ...______DATE._.....
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94 99
INFORMATION FOR BIDDERS
I. Receipt and Opening of Bids
The City of San Bernardino, California (herein called the
"Owner"), invites bids on the form attached hereto, all blanks
of which must be appropriately filled in. Bids will be
received by the Owner at the Office of the City Engineer until
2:00 p.m.HARCH2919~4- -- -, and then publicly
opened and read aloud, {n t e Clty Engineer's Conference Room,
3rd Floor, City Hall.
The envelopes containing the bids must be sealed, addressed to
the City Engineer, City Hall, 300 North "D" Street, San
Bernardino, California 92418 and designated as Bid for the
STORM DRAIN- IMPROVEMENTS- IN - .RICHARDSON . STREET FROM DAVIQSON
STREET TO MISSION-ZANJA CHANNEL. The Owner may consider
informal any bid not prepared and submitted in accordance with
the provisions hereof and may waive any informalities or reject
any and all bids. Any bids may be withdrawn prior to the above
scheduled time for the opening of bids or authorized
postponement thereof. Any bid received after the time and date
specified shall not be considered. No bidder may withdraw a
bid within 60 days after the actual date of openin9 thereof.
2. Preparation of Bid
Each bid must be submitted on the prescribed form and
accompanied by the required documents as listed on Page DL-l.
All blank spaces for bid prices must be filled in, in ink or
typewritten, both in words and figures, and the foregoing
Certification must be fully completed and executed when
submitted.
Each bid must be submitted in a sealed envelope bearing on the
outside the name of the bidder, his address, and the name of
the project for wh i ch the bi d is submitted. If forwarded by
mail, the sealed envelope containing the bid must be enclosed
in another envelope addressed as specified in the bid form.
3. Subcontracts
The bi dder is
other party to
this contract
specifically advised that any person, firm, or
whom it is proposed to award a subcontract under
a.
Must be acceptable to the Owner, and
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94 99
b. Must submit CERTIFICATION BY PROPOSED
SUBCONTRACTOR REGARDING EQUAL EMPLOYMENT
OPPORTUNITY. Approval of the proposed
subcontract award cannot be given by the Owner
unless and until the proposed subcontractor has
submitted the Certification and/or other
evidence showing that it has fully complied with
any reporting requirement to which it is or was
subject.
A 1 though the bi dder is not requi red to attach such
Certifications by proposed subcontractors to his bid, the
bidder is advised of this requirement so that appropriate
action can be taken to prevent subsequent delay in subcontract
awards.
4. Telegraphic Modification
Any bidder may modify his bid by telegraphic communication at
any time prior to the scheduled closing time for receipt of
bids, provided such telegraphic communication is received by
the Owner prior to the closing time, and provided further, the
Owner is satisfied that a written confirmation of the tele-
graphic modification over the signature of the bidder was
mailed prior to the closing time. The telegraphic
communication should not reveal the bid price but should
provide the addition or subtraction or other modification so
that the final prices or terms will not be known by the Owner
until the sealed bid is opened. If written confirmation is not
received within two days from the closing time, no
consideration will be given to the telegraphic modification.
5. Method of Billing
The Owner invites the following bid(s):
One Bid Schedule containing Items of Work to be Bid on a Lump
Sum or Unit Price Basis, as the case may be, for the STORM
DRAIN IMPROVEMENTS IN RICHARDSON STREET-FROM DAVIDSON-STREET TO
MISSION-ZANJA CHANNEL more part1cularly descr1bed elsewhere 1n
these Plans and Specifications.
6. Qualifications of Bidder
The Owner may make such investigations as he deems necessary to
determi ne the abil ity of the bi dder to perform the work, and
the bidder shall furnish to the Owner all such information and
data for this purpose, as the Owner may request. The Owner
reserves the right to reject any bid if the evidence submitted
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94 99
of, such bidder fails to satisfy the Owner
by, or investigation
that such bidder is
obligations of the
contemplated therein.
properly qualified to carry out the
contract and to complete the work
Conditional bids will not be accepted.
7. Bid Security
Each bid must be accompanied by cash, certified check of the
bidder, or a bid bond prepared on the form of bid bond attached
hereto, duly executed by the bidder as principal and having as
surety thereon a surety company approved by the Owner, in the
amount of 10% of the bid. Such cash, checks or bid bonds will
be returned to all except the three lowest bidders within
three days after the opening of bids, and the remaining cash,
checks, or bid bonds will be returned promptly after the Owner
and the accepted bi dder have executed the contract, or, if no
award has been made within - iiO - days after the date of the
opening of bids, upon demand of the bidder at any time
thereafter, so long as he has not been notified of the
acceptance of his bid.
8. Liquidated Damages fer Failure to Enter IntoCentract
The successful bidder, upon his failure to refusal to execute
and deliver the Contract and bonds required within 10 days
after he has received notice of the acceptance of his bid,
shall forfeit to the Owner, as liquidated damages for such
failure or refusal, the security deposited with his bid.
g. Time of Completion and Liq~idated 9amages
Bi dder must agree to commence work on or before a date to be
specified in a written "Notice to Proceed" of the Owner and to
fully complete the project within 50. Working Days there-
after. Bidder must agree also to pay as liquidated damages,
the sum of $ 350.00 for each consecutive calendar day
thereafter as hereinafter provided in the General Conditions.
10. Conditions of Work
Each bidder must inform himself fully of the conditions
relating to the construction of the project and the employment
of labor thereon. Failure to do so will not relieve a
successful bidder of his obligation to furnish all material and
1 abor necessary to carry out the provi si ons of thi s contract.
Insofar as possible the Contractor, in carrying out his work,
must employ such methods or means as will not cause any
interrupti on of or interference wi th the work of any other
Contractor.
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94 99
11. Addenda and Interpretations
No interpretation of the meaning of the Plans, Specifications,
or other pre-bid documents will be made to any bidder orally.
Every request for such interpretation should be in writing
addressed to Roger G. Hardgrave, City Engineer, at City Hall,
300 North "0" Street, San Bernardino, California, 92418; and to
be given consideration, must be received at least five days
prior to the date fixed for the opening of bids. Any and all
such interpretations and any supplemental instructions will be
in the form of written addenda to the Specifications which, if
issued, will be mailed by certified mail with return receipt
requested to all prospective bidders (at the respective
addresses furni shed for such purposes) not 1 ater than three
days prior to the date fixed for the opening of bids. Failure
to any bidder to receive any such addendum or interpretation
shall not relieve such bidder from any obligation under his bid
as submitted. All addenda so issued shall become part of the
contract documents.
12. Security for Faithful Performance
Simultaneously with his deliver of the executed contract, the
Contractor shall furnish a surety bond or bonds as security for
faithful performance of this contract and for the payment of
all persons performing labor on the project under this contract
and furnishing materials in connection with this contract, as
specified in the General Conditions included herein. The
surety on such bond or bonds shall be a duly authorized surety
company satisfactory to the Owner.
13. Power of Attorney
Attorneys-i n-fact who si gn bi d bonds or contract bonds must
file with each bond a certified and effectively dated copy of
their power of attorney.
14. Notice of Special Conditions
Attention is particularly called to those parts of the Contract
Documents and Specifications which deal with the following:
(a) Inspection and testing of materials
(b) Insurance requirements
(c) Wage rates -- For latest wage determination, contact
Steven Enna, Constructi on Engi neer, at
(90g) 384-5225.
(d) Stated allowances
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94 99
15. Laws and Regulations
The bidder's attention is directed to the fact that all
applicable State Laws, Municipal Ordinances, and the rules and
regulations of all authorities having jurisdiction over
construction of the project shall apply to the contract
throughout, and they will be deemed to be i ncl uded in the
contract the same as though herein written out in full.
16. Method of Award -~lowestQualifiedBidder
If at the time this contract is to be awarded, the lowest base
bid submitted by a responsible bidder does not exceed the
amount of funds then estimated by the Owner as available to
fi nance the contract, the contract wi 11 be awarded on the base
bid only. If such bid exceeds such amount, the Owner may
reject all bi ds or may award the contract on the base bi d
combined with such additive alternates applied in numerical
order in which they are listed in the Form of Bid, as produces
a net amount which is within the available funds.
17. Obligation of Bidder
At the time of the opening of bids, each bidder will be
presumed to have inspected the si te and to have read and to be
thoroughly familiar with the Plans and Contract Documents
(including all addendums). The failure or omission of any
bidder to examine any form; instrument or document shall in no
way relieve any bidder from any obligation in respect of his
bid.
18. Bidding-and Negotiation Requirements
Attention of bidder is directed to the requirements of the U.S.
Housing and Urban Development regarding bidding and negotiation
requirements. Prior to the signing of the contract, a
preliminary statement of work force needs, (skilled,
semi-skilled, unskilled labor and trainees by category) shall
be provided where known; where not known, such information
shall be supplied prior to the signing of any contract between
Contractors and their subcontractors.
19. Contractor Documents ~to be Submitted With Bid
See Page DL-1.
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94 99
C. BID FOR UNIT PRICE CONTRACTS
PLACE SAN-BERNARIHNO ------
DATE ~A~C:.H- --2.9-.IQ9..:i - - - --
.
PROJECT NO. --8854.. -. ---
Proposal of COR.I'lIS,\-\ -C Or.:lSlR..t)c::ncN CoMPANY INc.-,- - - (herei nafter
called "Bidder")* a corporation, organized and existing under the
laws of the State of . -CAL\~oe..N\I'\- - - - a partnership,
or an individual doing business as
To the City Engineer of the City of San Bernardino, California
(hereinafter called "Owner").
Gentlemen:
The Bidder, in compliance with your invitation for bids for the
construction of:
STORM ORAIN IMPROVEMENTS
IN
RICHARDSON STREET
FROM DAVIDSON STREET TO MISSION-ZANJA CHANNEL
having examined the Plans and Specifications with related
documents and the site of the proposed work, and being familiar
with all of the conditions surrounding the construction of the
proposed project including the availability of materials and
labor, hereby proposed to furnish all labor, materials, and
supplies, and to construct the project in accordance with the
contract documents, within the time set forth therein, and at the
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TEL I~O: 30'3 3845453
~885 PO
liAR 7 .
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94 99
pr1c" stilted below. These prices are to cover all expenses
ln~urred ln perform1ng the work required under the contract
~o'y~ents. of whlch th1s proposal is a part.
.
Bidder hereby agrees to commence work under this contract on or
before a date to be spec1f1ed in wr1tten "Not1ce to Proceed" of
the Owner and to fully complete the project wlthln
~q Wn,.ldng DIly:J thereafter as stipulated 1n the
Speciffcatlons. B1dder further agrees to pay IS llquldated
damage., the sum of 5360.00 for each consecutfve calendar
day thereafter as herelnafter provided 1n Paragraph 19 of the
Gen.ra' Cond1tions.
Bldder acknowledges rece1pt dendum:
f\DDENDUM :tt\
*In.ert corporat1on. partnersh1p or 1nd1v1dual as appllcable.
The CHy "off" Fr1day will be cons1dered as a worklng day
for the Contractor.
In the event that sett1ng of "nes and grades or performlng
1 n.peett ons f S requ1 red by the Contractor I S oper.tlons on the
City .off" Fr1day, the Contractor shall per an amount equal to
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94 99
one and a half (1 1/2) times the Engineer's normal wages and
fringe benefits to the City as per Section 6-1.07 "Hours of
Labor".
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QUANTITY
1
1
2,500
73
110
UNIT
L. S.
L. S.
TONS
UN. FT.
UN. FT.
BID SCHEDULE
PLAN NO. 8854
DESCRIPTION OF ITEMS WITH
UNIT PRICE WRITTEN IN WORDS
Mobilization at the Lump Sum
price of
,,':lII\lE-ree.N TI\0I.1s,A-ND- -
)H;l2.E;E. I-\IlND~ Fo"-TY
OO~L~SANO NO CE~S
Shoring of Excavation at the
Lump Sum price of
T'-"leI'>ITYFI VE T\-\OUSA-NC>
OOLLA.O"- AND NO c..el'IT".s
Imported Backfill for Trenches,
Ordered by the Engineer at
ON6 QOLL~
per TON
IS" Reinforced Concrete Pipe
(1350-0) at
FI F"TY 'DO\..\..AlZ-B. /\NO
f.OO. Cf"-ron:-s per L IN. FT.
24" Reinforced Concrete Pipe
(1350-0) at
F,FTY OoLLA2.S &f'.lD
No c..~tor\S. per UN. FT.
P-4
so.oo
50.00
UNIT
PRICE TOTAL
L. S.
L. S.
\,00
19 3YO,OO
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;z.S 000.00
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2)500.00
3 <050,00
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..$500,00
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lITEM
QUANTITY
16.
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, 17.
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18.
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19.
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568
170
606
5
110.
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UNIT
UN. FT.
UN. FT.
UN. FT.
EACH
EACH
BID SCHEDULE
PLAN NO. 8854
DESCRIPTION OF ITEMS WITH
UNIT PRICE WRITTEN IN WORDS
39" Reinforced Concrete Pipe
(1350-0) at
SIl'<TY 'OOl..~SAi'lD
NO (.\:;IITt':S - perLI N. FT.
51" Reinforced Concrete Pipe
(1350-0) at
'5. lSVEtIoTY. Do\,;\;.A/l.-S. . M - -
NQ--CEtIlTS---- per U. T.
57" Reinforced Concrete Pipe
(1350-0) at
E \ G-HTY . Qo\..\..AtS - - - fN"'D .
-r>o-ce.~s -- per L . FT.
Construct Manhole No.2 at
UNIT
PRICE TOTAL
CoO ,00
70,00
go.OO
per EACH
\\AlO. THou5~N) -Do\..l...<l"lZ.;S. 2pOO.oo
AND. NO c;.e~s-
Construct 7' Catch Basin
No.2, at
TwO TI-IoU5)A NO [)Ou:AlL S
IWn NO. cer-.n-s-
per EACH
P-5
z,oco,OO
3'-10'SO,OD
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\ \/100.00
l.\<&/.J80,OO
10000,00
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2,QCO,CO
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QUANTITY
UNIT
BID ~CHEDULE
PLAN NO. BB54
DESCRIPTION OF ITEMS WITH
UNIT PRICE WRITTEN IN WORDS
UNIT
PRICE TOTAL
Ill.
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112.
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I
113.
1
EACH
Construct 14' Catch Basin
No.3, at
T\-\R.ee- -1'HousAND' - - --
OOI;..~A-~S - ANO NO c.e..n"S-
---. -- per EACH
3000,00
I
3000.00
I
3
EACH
Construct 2B' Catch Basin
No.3, at
Fol..lP-. THOU~p,.ND.
.00 1.1.Aa.S AND NO
4coo.00
~
. cer;rrs- . .
per EACH
1'2.) 000. 00
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EACH
Construct Concrete Collar
at
o,,"e:. -n-\OUSANO. Do\..\-~S
AN D . I'lo - c.Eo,,""S
per EACH
\ COO.CO
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'poc,oo
114.
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115.
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10
1B
CU. Y OS.
CU. YDS.
Construct Concrete Headwall
at. - - . - - - . - - . . . - -
FIV E- HUNt:)~ -DoL.\..ALS - .
AND . NO c.e.I'rrS- - - -
--. - --. - --. - per CU. YD.
Construct Concrete Local
Depressions at
0'-lE.
ANO
t-\VNClL&C-boL\.:AA-S
- No- cENt'S-
--- per CU. YD.
sco.oo
100.00
5pOO.OD
1;, 'lSOO,CO
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94 99
BID SCHEDULE
P LAN NO. BB54
UNIT
PRICE TOTAL
116.
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117.
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QUANTITY
UNIT
DESCRIPTION OF ITEMS WITH
UNIT PRICE WRITTEN IN WORDS
2 coo. 00
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:2 000,00
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EACH
Protection Barrier at
Fl IT>' CO\...I.AlLS - -PotU). - - - 50,00
NO c;e~s . . - - - -
- - per UN. FT.
7$0,OC
""!\NO- T\-\o\)S,ANO - ()Ol;."-A/t."S -
AND- NO- -c.e-....n-s - - - - - - . - - - - -
.- -- - ... -. -- -. per EACH
15
UN. FT.
Install 6' Chain Link Fence
at - - - .. -
,o.co
10)000,00
10TE:
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1.000
SQ. FT.
Construct Concreted-Rock
Bottom at
TeN- OCl;.\..A(a.:S - . AND - - - .
-NC.c.GN"LS . - - . - - - . - - - - - . -
per SQ. FT.
TOTAL BID SCHEDULE $
.. \ 9E}QQP..c?Q._
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.
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94 99
In case of a di screpancy between words and fi gures, the
words shall prevail.
It is the understandi ng of the undersi gned that the work
hereinabove described shall be commenced within 10 days
from the date of the "Notice to Proceed", and shall be
completed within 50 working days from the date of said
notice.
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.
Licensed
registration
in accordance with an act providing for the
of Contractor, License No. 555130
Cl assi fi cati on A) <:...-'-12-
FIRM NAME: CCt..N\SI-l CO"'...Te..uc....,.\~ CoMPANY TNC-
BUS I NESS ADDRESS: .p.O, &x ]59 '~7TON u.., '12."3.110
SIGNATURE OF BIDDERS: :;;$ ~. J '
./
If an individual, so state. If 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.
Co~\S." Co~'!m~.IJc...,\oN G:mPANY TN c....
+<0&82.-\ L C.o~\ '" 14, .QIZ.€... \ Ol:,;1'l"T
TocD \f). rO~\'S.\-\) \)\c.e .p~\oe\\ST
Dated: fY\Al2.C\1 2'1
Telephone No. ('10"1) Co '6 OS -;2.7::2.9
, 1994
BIDDERS ACKNOWLEDGEMENT OF ADDENDUMS:
ADDENDUM NO. 1
ADDENDUM NO. 2
DATE:
DATE:
DATE:
ADDENDUM NO. 3
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nAP 3,1-' 04 THU 13: 36 !D:
TEL 110: 90'3 3845463
1l885. P02
94 99
In cue of a discrepancy between words and figures, the
words shan prevai1.
" .
. .. It 1s the understandi ng of the undersl gned that the work
her,inabove described shall be commenced within 10 days
from the date of the "Notice to Proceed", and shall be
completed within 50 working days from the date of said
/lCl"1ce.
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'.
GUlr.nty accompanying this proposal shall be paid to the City
of San B*rnardino as liquidated damages.
In accordance with an act providing for the
of Con trae tor. L1 cense No. 5~< I:!L 0
Classification _Pt.) c...",2.
FIRM NAME: COloN'S" Co~"TlWc..T\ao..\ Cn\V\PA~Y :r~,-
BUSINESS ADDRESS: f>,O'~;!)1 J!::7TO~/~' 9'Z311D
SIGNATURE OF BIDDERS:
/'
If an individual, so state. If a firm or co-partnership,
lute the firm name and give the names of all indiViduals, co.
partners composing the firm. , If a corporation, state legel
n... of the corporat10n, also the name) uf Lhe ~res1dent,
.ecretary, treasurer and manager thereof.
CoIt.N\~~ Co~i'.uco-r\clN Ccxr"@AN'j ~ ~.
Ro&ea:r L. c.o~'''H \ "U~\O.r.rT
Toot:) r(t (' oll.N.\~\.\ J \hC.6 f\e..IO~
Licensed
rlQhtration
Oa ted: (!\~\-\ 2.<=\
Telephone No. (li231 ~85-~7;t9
. 1994
BIDDERS ACKNOWLEDGE"ENT
ADDENDUM NO, 1
ADDENDUM NO. 2
ADDENDUM NO. 3
DATE: ~SI
DATE:
DATE:
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lame & Address
Under Which
,Ubcontractor
icensed
99
License
Number
LIST OF SUBCONTRACTORS
Contractor
1. D. Number
Sub-Contract
Amount
Specific Description
Sub-contract
~ON E..
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94 99
CERTIFICATION
I am aware of. wi 11 comply wi th. Secti on 3700 of the
Labor Code. requi ri ng every employer to be insured
against liability for Worker's Compensation or to
undertake sel f-i nsurance before commenci ng any of the
work.
Contractor:
NAME OF
BY:
TITLE:
DATE:
FIR~\S~2~~:/~ CoMPANY T~,-
\) \ cE. -P\2..E.S \ D Gl'S\
1'\ AJU:..I-\ Z. 9. \'1<1~
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OFFICE OF COMMUNITY DEVELOPMENT
COMlfUNITY DEVELOPMENT BLOCK GRANT PROGRAM
CONiRACTOR'S CERTIFICATIO~
CO:ICERNING LABOR STANDARDS AtiD PREVAILING WAGE REQUIREMENTS
99
TO (^ppropriate Recipient)
DATE ~-Z9-9'-\
PROJECT Nt.:~~ER (If any)
'88S"\
PROJECT NA.'1E S,o(l.M OeA)N lMP/Z.C\f6.MEt'lT.So
N Ie CIN
ClTY of SAN
C/O
1. The undersigned, having executed a contract with
~6 ~ 0..0 f'\\ NO
for the construction of the above-identified project,
acknowledges that:
(a) The Labor Standards provisions are included in the aforesaid contract:
(b) Correction of any infractions of the aforesaid conditions, including
infractions by any of his subcontractors and any lower tier sub-
contractors, is his responsibility:
2.
He certifies that:
(a) Neither he nor any firm. partnership or association in which he has
substantial interest is designated as an ineligible contractor by the
comptroller General of the United States pursuant to Section 5.6(b)
of the Regulations of the Secretary of Labor, Part 5 (29 CFR, Part 5)
or pursuant to Section 3(a) of the Davis-Bacon Act, as amended (40 U.S.C.
276a-2 (a)).
(b) No part of the aforementioned contract has been or will be subcontracted
to any subcontractor if such subcontractor or any firm. corporation,
partnership or association in which such subcontractor has a substantial
interest is designated as an elegible contractor pursuant to any of the
aforementioned regulatory or statutory prOVisions.
3. He agree.s to obtain and forward to the aforementioned reclplent within ten days after
the execution of any subcontract, including those executed by his subcontractors and
any lower tier subcontractors, a Subcontractor's Certification Concerning Labor
Standards and Prevailing Wage Requirements executed by the subcontractors.
4. 6e certifies that:
(a) The legal name and the business address of the undersigned are:
CcI2.Nlo:.\-\ CoN'5>,(L\)c..-nON CoMPANY Lc.. . 9D. ~ ~q ?'I..OOMII'W\'O~1 CA. q2.s) (p
lbl The undersi ned is: ' ,
(1) A S.NGLE PROPRIETORSHIP (3) A CORPORATION ORGANIZED IN THE STATE OF
CI\\.-\ F.
(2) A PARTNERSHIP (4) OTHER OR~~IZATION (Describe)
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94 99
lcl
The name. title and address of the owner. partners or officer. of the undersinned
are: ..
N1JoIE
TITL'E
ADDRESS
(PSO \:>\\\L.L.\PS. Oil-,
p,U"\ S{)I'-INc"S tA Cl2."Z.,"",-
\~S"'lO C:lIN~eY WA'f
pe: \ 'ii qZ.~70
lSoH
9 e;;s. \ 01; I'ST
\1\ c.6. t/R..es I 0 t;;l'lT
Idl
The names and addresses of all other persons, both
a substantial interest in the undersigned, and the
(If none, so state):
N1JoIE ADDRESS
natural and corporate. having
nature of the interest are
NATURE OF INTEREST
NON~
Ie)
The names. addresses
contractors in which
state):
N1JoIE
and trade classifications of all other building construction
the undersigned has a substantial interest are ( If none, SO
ADDRESS
TRADE CLASSIFICATION
!\.:lotU'::
DATE:
"3-.;;l.'19Y
CO~\!:.H Co",'r.i:IZ.IJCo-T\.<lN CAl"\PANY nc...-
(Contractor)
By: ~ ffi /? ;7/
WARNING
V.S. criminal Code, Section 1010, ritle 18, V.S.C., provides in Fart: .Whoever,.....
makes, passes, utters or publishes any statement, knowing the same to be (alse ......
shall be fined not more than $5,000 or imprisoned not more than two years, or both.
II
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I f.J'fM .nd nrl. 01 Sign.' { . TriM}
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99
CERTIFICATION OF BIDDER REGARDING
EaUAL EMPLOYMENT OPPORTUNITY
INSTRUCTIONS
This certification is required pUrJuant to Executive Order 11246 130 F. R. 12319-25). The implementing rules and
r~lations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shallsute IS
an initial part of the bid or negoliations of the contract whether il has participated in ony previous contract or sub.
contract subject to the equal opportunity clause; and, If 10, whether it has filed all complillnce reporU due undw
applicable instructions.
When the certification indicates that the bidder has not filed a compliance report due under Ipplicable instructions,
such bidder shall be required to submit a compllanc. report within seven calendar days aft.r bid opaning. No contract
shill be awarded unless such report is submined.
Bid~II('s Name: CO~IS. \-\
CERTIFICATION BY BIDDER
CoN"S\iWt..llcN CofY'~A~Y
=We.--
Addressand Zip Code: _P. 0, @,<:)x sSg
B\..OOMIN(,T()~ ,
.
u.
q;L3\la
1. Bidder hIS participated in a previous contract or subcontract subject to the EquII OpportUnity Clause.
Yes E No 0 (If onswer is yes. idenlify the '"'0" re,cnl ,olltro,'-)
L Po. CI>JTY QePT of pll~l...\ Co \.NOe.'o'-S - SI\N f\!.:TOJo,;lIO P\\l6. DIU'N) UNI"T 2-
2. Compliance r.ports were r.quired to be filed in connection with such contract or RJbcontrlCt.
Yes gr No 0 (If an.,,'er i. yes, identify lAc ..o.t I.cenl conllact.)
51\1'\& ~ \.t)
3. Bidder hIS filed all compl!anc. r.ports due underapplicabl. instructions, including SF.IOll.
Yes t&' No 0 None Required 0
4, If "nswer to it.m 3 is "No," pl.... .xplain in det"il on reverse sid. of this certification.
Cert.ification - Th. information above is true "nd complete to the best of my knowledge and belief.
3\;2.$~'1Y
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BOND NO. 5093138
PREMIUM -NIL-
rORH or lID 10111)
KNOW ALL KIM IY THIS. PIISIHTS. th.c we, che und.r.lln.d,
CORNISH CONSTRUCTION COMPANY, INC. .. Prlnclpal. .nd
SAFECO INSURANCE COMPANY OF AMERICA a. Surety. .r.
hereby 'D. fl~ly bound unto CITY OF SAN BERNARDINO
.. owner ln the peDal .u. of TEN PERCENT OF THE AMOUNT BID---( 10%)---
for the p.yaent of which, well and truly to be ..de. we hereby Jointly
.nd ..ver.lly blnd our.elve.. our helr., Ix.cutor.. .d.lnl.tr.tor.,
.~cc...or. .nd ...1,n.. S1an.d, thl. 25TH day of MARCH
. 19 94
Th. conditlon of the .bovl obll..cloD 1. .uch ch.c vhlr.a. the Prlncipal
h.. .ub.itt.d to CITY OF SAN BERNARDINO
. cert.in lid, .tt.chld b.r.to .nd hlrlby .ad. a parc h.r.of co .ntlr
lnto . contr.ct in vritlD" for the STORM DRAIN IMPROVEMENTS IN RICHARDSON
STREET FROM DAVIDSON STREET TO MISSION ZANJA CHANNEL
MOW. THI\lE'OU,
.. If ..id lid .h.ll b. r.j.ceed, or in tha alt.rnata,
b. If. .l1d ald .hall be acc.ptad .nd the Prlnclp.l .h.n "'CUt.
.nd d.llver . contracC ln eh. ro~ of contr.ct .tt.ched.
hlr.to (prop.rly co.plac.d ln .ccord.nc. vith ..14 11d) .nd
Ih.ll furni.h . bond for hl. faithful parfo~nc. of ..id
contract. and .hall in all other ra'Plct. parfora the
.'r....nt cra.t.d by tha ,ccIPt.nce of ..i4 11d,
th.n thil obUllCion .h.n ba void, 'oth'n/ile, the ._ .hall re.ain in
forca .nd Iffact, it belDI .xpra..ly under.tood and 'Ir.ld th.c the
li.billty of the Suracy for .ny .nd .11 clli.. hlreundar .h.ll. 1n no
avent, Ixclld the p.nll ..aunt of chl. oblllatlon .. harain .cacad.
Th. Suraty, for v.lu. recaiv.d, harlby .tlpullta. .nd 'Ire.. Chac tha
obll..tlon. of ..ld Surlty .nd it. bond Ih.ll ba ln no v.y lap.irld or
Ifflce.d by .ny ..t.nllon of the ti.a vlthin which thl Ownar ..y Icclpt
.uch Ildl .nd .aid Suraty doa. hlraby wIlvl notlcl of any .uch .
Illtlnllon.
..........~
u.,;;
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94 99
,.....,-
1M WITHES' WH1110r, the Principal and the Surety have hereunco 'ec cheir
hand. Ind 11111, Ind luch of the. a. .re corporltion. hive clu.ed their
corporlce '1lla to ~. hlrltO affixed Ind thele pre.ent. co be 'icne4 by
their pro"r off1clrl, the dlY and yaar fir.t ..nc1onad.
CORNISH CONSTRUCTION COMPANY, INC.
BY: ~ /)J~/ (L.S.)
/ Principal
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SAFECO INSURANCE COMPANY OF AMERICA
Iy.
ELKE H.
SIAL
ILIFORNIA ALL.PURPOSE ACKNO~LEDGMENT
ALL-PURPOSE ACKNOWLEDGMENT
State of CAL-I Fol2.NI p.. }
County of R\V~I06'
~ LO Nat'A,eY P\.lSt..1 c:..
On 3- 29 -9 4 before me. lZ:TI'Z-1 (name. title of officer).
personally appeared TODD fY\. CD I2..N \ So" ,
ersonally known to me - OR - 0 proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl.
edged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and
that by his/her/their signature(s) on the instrument the person(s). or the entity upon behalf of
which the person(s) acted. executed the
instrument.
OFFICIAL SEAL
KAREN L ORTIZ
NoIoIy Pub:.c-CallfomJa
RIVERSIDE COUNTY
Mv Comn-.:oslon exptea
December 2, 19'U
WITNESS my hand and official seal.
~:~~~
_ lIlITIIlII&I u:r.nnll_
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NO 209
CAPACITY CLAIMED BY SIGNER
o ~SOINGFORCJESB.F/T16ISE1.VES
rl6 """"",,,\JIC.F. Pl!.E?s.ID~
~CJ'FlCER(S1 11TI.fISj
(Oe.N\SH C0rJ5TiZ,.\JC.:("(~
"""....
0""''''''
".""....
O 'TTOREY-
..."',
PRIlCf'Al.lS)
0"""""
ffil.6'
0""'"
TlTLEIS)
111lf<S)
EHTTTY[lES)REPRESEHTED
OOTTYrlES)REPRESEHTED
11 CoulO prevent ,rauaUMtnt flilimacnmtllnl QI 1I11~ IUfU'
C NATlONAL NOTARY ASSOaATION-8236 Rerrmet/lwe.-PO. Boll 7184. QmgaParlo:.. CA 91:1)4-7184
L_
~
94
99
1M WITNESS WHlJlO', the Principal end the Surety have hereunto .et their
hind. and .e.l., and .uch of the. I' .re Corporatlon. hive cau.ed their
corporac. .eal. Co b. hereco Ifflxed Ind Che.e pr..ent. CO be .11n14 by
their proper officer', the 4ay and year fir'E ..ncloned. .
CORNISH CONSTRUCTION COMPANY,
BY' ~ ft2~
;.,. Principal
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INC.
(L,S. )
SAFECO INSURANCE COMPANY OF AMERICA
By.
ELKE H.
SIAL
LlFOANIA ALL.PURPOSE ACKNOWLEDGMENT
State of CALIFORIlIA }
i Ilcounty 0' RIVERSIDE
. On MAR 2 5 1994 before me, LYIIR BOUlES, ROTARY PUBLIC
I DATE ....... TITLE Of OfFICER. . G.. .- DOE. NOT"'Y PU8l.IC'
1 personally appeared ELItE B. HAGEN
I NAME\S, OF SIGNER(SI
. ~ personally known to me . OR . 0 proved to me on the basis of satisfactory evidence
, to be the person(s) whose name(s) is/are
subscribed to the wilhin instrument and ac-
I knowledged to me that he/snelthey executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s).
or the enllly upon behalf of which the
person(s) acted. executed the instrument.
WITNESS my hand and official seal.
J; . .
- " \,.'11... --,
/.,'f.....::x--- J_f ,~j -
SIGNA! URE OF NOTARY
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OPTIONAL SECTION
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
THIS CERTIFICATE MUST BE ATTACHED TO
HE DOCUMENT DESCRIBED AT RIGHT
nougl'l 'n~ oala rE'queSlecI nere IS 1"101 required by law,
II could prevent traudulent reanachment 01 thiS form SIGNER(S) OTHER THAN NAMED ABOVE
- OPTIOllAL SECTION-
CAPACITY ClAIMED BY SIGNER
TllaugIl .... _ ... roq,ft tile ........ 10
tin in lhe datal below. doing so may prove
.--1O_roIP'llontlle_.
OINDtVlDUAL
o CORPORATE OFFICER(S)
mulSI
o PAATNEFI(S) B LIMITED
GENERAL
o ATTORNEY.IN.FACT
o TRUSTEE(S)
o GUARDIANlCONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
NAME Of PERSCIH(S) OA ENTITYIIESf
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94 99
1M WITNESS WHlIIOr, ehe Prlnelp.l .nd che Surety have hereuneo .ee cheir
hand. .nd ...1., .nd .ueh of the. a. .re corporation. have cau.ed their
corpor.te ...1e to ~e her.tO affixed and the.e pr..antl to be aiena. by
their proptr oflieer., the day and ye.r fir.t ..neioned.
CORNISH CONSTRUCTION COMPANY,
BY' ~ ft6!~
> Principal
INC.
(L.S. )
SAFECO INSURANCE COMPANY OF AMERICA
Iy.
ELKE H.
Y-IN-FACT
SIAL
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99
1m
BAFErxJ>>
I KNOW ALL IY TIESE PRESENTS:
POWER
OF ATTORNEY
SAFECO INStM:ANCE COUPANY OF AMERICA
GENERAl. INSUlANCf CClM'ANV OF .u.ERICA
HOIoAE OFFICE: SAFECO PLAZA
SEATTLE. WASHINGTON ..,.&
No. 9252
That SAFECO INSURANCE COMPANY OF AMERICA and OENERAL INSURANCE COMPANY OF AMERICA, each a Washington
I corporation. does each hereby appoint
............................ELKE H. HAGEN. Riverside, ell ifornia...............................
I its true and lawful attornoy(s)-in-fact. with full authority to execute on its l>ollaIf fidelity and surOty bonds or l.fldortakings and other
docunents of a simil.. character issued in the CO\I'S8 of its business. and to bind the respective CCl'T'lPlF1Y thereby.
IIN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and OENERAL INSURANCE COMPANY OF AMERICA have each
executed and attested these presents
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this
4th
day of
January
19 93 .
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;'_,,-_~'~ ~t-..;,;..":'" \....V\/ ~.>~.
CERTlFlCA TE
I
Extract fran tho By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of OENERAL INSURANCE COMPANY OF AMERICA:
I "Article V. Section 13. - FOELfTY AN) ~TY eo.IlS . . . tho Prosident. II'f Vice President. tho Seer.....,. and II'f Assistant Vice
President appointed for that pu-poso by tho officer in charge of surety operations, shall oach have authority to appoint indvlQJals as
attorneys-in-fact or under other appr_ia" titles with authority to exocute on l>ollaIf of tho canpany f1do1lty and surety bonds and
other doc""""ts of similar character issued by tho canpany In tho COIrSO of its business . . . On II'f Instrunont making or evidencing
I such appoin1mOnt. tho signatures may be affixed by facsimile. On II'f instr""""t con'erring such authority or on II'f bond or l.fldortaking
of tho canpany. tho soaI. or a facsimile thereof. may be imIlressod or affixed or In II'f other mamor rO\lf"oclucod: provided. however.
that tho soal shall not be noeessary to tho validity of II'f such instnmont or l.fldortaking."
Extract fran a Resolution of tho Board of [)Irectors of SAFECO INSURANCE COMPANY OF AMERICA
I and of OENERAL INSURANCE COMPANY OF AMERICA adopted JUy 28. 1970.
"On I1n/ certifica" exocuted by tho SecrOl..., or an assistant seerOl..., of tho CaT1\l1l'f sotting out.
(i) The provisions of Article V. Section 13 of the Bv-Laws. and
(jj) A copy of tho power-of-attorney appoin1mOnt. executed pu-suant therOlO. and
I (iii) Certifying that said power-of-attorney appoin1mOnt is in full force and effOC!.
tho signature of tho certifying officer may be by facsimile. and tho soal Of tho Canpany may be a facsimile thereof."
I. R. A. Pierson. SeerOl"'" of SAFECO INSURANCE COMPANY OF AMERICA and of OENERAL INSURANCE COMPANY OF AMERICA,
I do hereby certifv that tho foregoing extracts of tho By-Laws and of a Resolution of tho Board of [)Irectors of thoso corporations. and
of a Power of Attorney issued pu-suant therOlO. are true and correct. and that both tho By-Laws. tho Resolution and tho Power of
Attorney are still in full force and effect.
I'N WITNESS WHEREOF, I have horOUlto
sot rY'f hand and affixed tho facsimile soal of said corporation
this 25TH
day of
MARCH
19~.
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CIl Registerecll,acMmark of SAFECO Corpot'ltion.
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D. CONFLICT OF INTEREST CLAUSE
I nterest of Members, Offi cers, or Employees of the Ci ty of San
Bernardino, Members of Local Governing Body, and other Public
Officials.
No member, officer, or employee of the City of San Bernardino,
or its designees or agents, no member of the governing body of
the City of San Bernardino, and no other public official of
such locality who exercise any functions or responsibilities
with respect to the STORM DRAIN during his tenure or for one
year thereafter, shall have any interest, direct or indirect,
in this contract or any subcontracts, or the proceeds thereof,
for work to be performed in connecti on wi th constructi on of
said improvements of:
RICHARDSON STREET
FROM
DAVIDSON STREET TO MISSION-ZANJA CHANNEL
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94 99
CONTRACT
THIS AGREEMENT, made this f(,-iL day of MOd ,
1994, by and between the City of San Bernardino! herein called
.Owner", acting herein through its City Engineer, and
(' n~ls\-\ (' (li':l~:..\~\)c.-\lON C (")(YlPr\NY ~c.-,
STRIKE OUT (a corporation) {a ~~rtRer.~ipl
INAPPLICABLE (an iRdi"id'la1 doiR9 gy.iReEs as)
TERMS
of h\..OD[Y)INC,TOf\.:J
and State of c..AUFOll..N,A
"Contractor".
, County of Se<'--\ \s'ER.N~INO
hereln after called the
WITNESSETH: That for and in consideration of the payments and
agreements herei na fter menti oned, to be made and performed by
the OWNER, the CONTRACTOR hereby agrees with the OWNER to
commence and complete the construction described as:
STORM DRAIN IMPROVEMENTS
IN
RICHARDSON STREET
FROM DAVIDSON STREET TO MISSION-ZANJA CHANNEL
PER PLAN NO. 8854
fter. c,alled the.1project, for the sum of OA.R..llvJt.e./a-cl
. LlcLf 1Jo/Stl-</' . Doll ars
o an extra wor ln connection
therewlt terms as stated in the General and Special
Conditions of the Contract; and at his (its or their) own
proper cost and expense to furnish all the materials, supplies,
machinery, equipment, tools, superintendence, labor, insurance,
and other accessories and services necessary to complete the
said project in accordance with the conditions and prices
stated in the Proposal, the General Conditions, Supplemental
General Conditions and Special Conditions of the Contract, the
Plans which include all maps, plats, blueprints, and other
drawings and documents therefor, as prepared by the City of San
Bernardi no, herei n enti tl ed the Engi neer, and as enumerated in
Article 2 of the Supplemental General Conditions, all of which
are made a part thereof and collectively evidence and
constitute the contract.
The Contractor hereby agrees to commence work under this
contract on or before a date to be specified in a written
"Notice to Proceed" of the Owner and to fully complete the
project within 50 working days thereafter. The Contractor
further agrees to pay, as liquidated damages, the sum of
$350.00 for each consecutive calendar day in finishing
the work ln excess of the number of working days prescribed
above.
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AGREEMENT: STORM DRAIN IMPROVEMENTS IN RICHARDSON STREET FROM
94 9~AVIDSON STREET TO MISSION-ZANJA CHANNEL
IN WITNESS WHEREOF, the parties of these presents have
executed this contract in four (4) counterparts, each of which
shall be deemed an ori gi nal, in the year and day fi rst above
mentioned.
(SEAL)
ATTEST:
1<.ttcM cJ.lvtL
City Clerk
~ ;J()A')JMJV~~/ ~1J
(SEAL)
~(,~
~~(~
City of San Bernardino
(Owner)
CoI2."'\'S.~ ~N'Si/Wc...T\cN Cornf>l:l0)yJNc.......
ontractor
By: ~b~~~
.pe.6'S. \ DS NT
(Title)
.p O. ~ 1::.S<=1 13,\'OOrl)lNCTO,v-, CA CfZ31 (."
(Address and ~lP Code)
NOTE: Secretary of the Owner should attest. If Contractor is
a corporation, Secretary should attest.
Approved as to form and
1 ega 1 content:
JAMES F. PENMAN, City Attorney
BY:~~
j
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94
99
CITY OF SAN BERNARDINO
CONSTRUCTION CONTRACT PROVISIONS
FOR FEDERALLY FUNDED PROJECTS
The foll owi ng Standards, Instructi ons and Certi fi cati ons are
provided to ensure compliance with Federal and State
contracting requirements for Federal Community Development
Block Grant funded construction projects. Documents requiring
completion, signature and submittal are indicated below and all
are contained in Section 1, "Documents".
(1) Documents
(2 )
Labor Standards and Provisions
Federal and State labor regulations
contracts.
Thi s secti on contai ns
regarding construction
* Federal labor Standard Provisions - HUD - 4010 -- The
prime contractor and all subcontractors are required
to abide by the Federal Labor Standards. The prime
contractor is responsible for including these
provisions in all subcontracts. (Authority cited in
text of Provisions).
* Title 29 - Labor (Part 3 and Part 5) -- Includes:
Copeland "Anti-Kickback" Act and Davis-Bacon
Provisions.
* Article 40 USC - Section 327 -- Contract Work Hours
and Safety Standards Act -- Established standards for
hours of work and overtime pay.
*
Excerpts from
Apprentices on
under State
document.
the California Labor Code Relating to
Public Works -- The use of apprentices
regulations, is described in this
* Prevailing State and Federal Wage Decisions - The
prime contractor and all subcontractors are required
to pay their laborers and mechanics employed under
thi s contract, a wage not 1 ess than the hi ghest wage
for the work classification, specified in both the
Federal and State wage decision. (Authority - Title
29 - labor part 5).
CP-1
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99
*
Documents requiring signature under this section
include:
a) Contractor's Certification Concerning Labor
Standards and Prevail i ng Wage Requi rements.
(Authority - Title 29 - Labor Part 3 and Part
5).
b) Subcontractor's Certification Concerning Labor
Standards and Prevailing I,age Requirements
(Authori ty - Ti tl e 29 - Labor Part 3 and Part
5) .
(3 )
Equal Employment Regulations - This secti~n contains
Federal Equal opportunity requirements regarding
construction and non-construction contracts.
* Affirmative Action Compliance Guidelines for
construction and Non-Construction Contractors --
Prior to being awarded the contract, the
selected contractor and subcontractor(s) who
meet the guideline criteria for filing, must
complete and submit the Affirmative Action Plan.
This provision generally applies to contracts
and subcontracts in excess of $10,000.
(Authority - Executive Order 11246 as amended by
Executive Order 11375 and Executive Order 11246
as amended by Executive Order 11375 and Title 41
Public contracts and Property Management,
Part 60).
The following applies to all contracts and
subcontracts with a value in excess of
$10,000.00 unless otherwise noted.
*
Equal Opportunity Requirements Includes a
summary of Equal Opportunity requirements all
contractors and subcontractors are subject to
comply with regardless of contract value.
(Authorities cited in text)
Equal Employment Opportunity -- Executive Order
11246 as amended by Executive Order 11375.
* Affirmative Action for Disabled Veterans and
Veterans of the Vietnam Era.
*
* Affirmative Action for Handicapped Workers.
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(4 )
(5 )
94
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*
Documents requiring signature under this section
include:
a) Certification of Bidder Regarding Equal
Employment Opportunity.
b) Certification By Proposed Subcontractor
Regarding Equal Employment Opportunity.
c) "Section 3" Clause With Certification.
d) Affirmative Action Policy for Contractors
and Vendors.
e) Contract Compliance Qualifying Report for
Construction contractor and Vendors.
Bondi n and Insurance Re ui rements Thi s secti on is
contalned ln 1 Documents, and contains the minimum
bonding requirements for construction service contracts.
a) Form Of Bid Bond -- This is an example of the bid
guarantee required from each bidder. The bid bond
must be at 1 east ten percent of the bi d pri ce and
submitted with the bid.
b) Form of Performance Bond -- This is an example of the
performance bond required from the prime contractor.
The performance bond must be at least 100 percent of
the contract pri ce and submi tted upon executi on of
the contract.
c) Form Of labor And Materials Bond This is an
exampl e of the payment bond requi red from the pri me
contractor. The labor and materials bond must be at
least 100 percent of the contract price and submitted
upon execution of the contract.
Supplemental General Conditions -- This
in "(1) Documents", and contains
requirements.
item is contained
special federal
a)
Certification Of Compliance With
-- The prime contractor and all
comply with this certification
exceeds $100,000.
Air and Water Acts
subcontractors must
when the contract
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94 99
(6) U.S. Dept. of Housing and Urban Development -- Standards
of Conduct -- (Self-explanatory)
In addition to the above, contractors will be required to
submit various weekly reports as noted in the "(1) Documents"
section.
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94 99
DOCUMENT LIST
(A)
CONTRACTOR DOCUMENTS TO BE SUBMITTED WITH BID
1. Contractor Certi fi ca ti on Concerni ng Labor Standards
and Prevailing Wage Requirements (Authority
Title 29, Parts 3 and 5, and Federal Labor Standards
Provisions -- HUD-4010).
2. Certification of Bidder Regarding Equal Employment
Opportunity (Authority Executive Order 11246 as
amended).
3.
Bi d Bond --
Bid Bond".
by City for
In conformance with the example "Form of
(Minimum Bonding Requirements established
Federally Funded Projects).
4. List of all Subcontractor'(s) addresses, license
numbers, their Contractor 1.0. numbers, dollar amount
of subcontractors, and speci fi c descri pti on of
subcontracts.
(B)
CONTRACTOR AND SUBCONTRACTOR DOCUMENTS TO BE SUBMITTED
PRIOR TO OR AT A TIME OF CONTRACT EXECUTION
1. Subcontractor's Certification Concerning Labor
Standards and Prevailing Wage Requirements -- To be
provided by all subcontractors (Authority - Title 29
CFR, Parts Y-and 5, and Federal Labor Standards
Provisions -- HUD-4010).
2.
Certification by
Equal Employment
subcontractors.
as amended).
Proposed
Opportunity
(Authority
Subcontractor Regarding
-- To be provided by all
- Executi ve Order 11246
3.
Section 3 Clause with Certification --
by Contractor and all Subcontractors.
cited in text ol'Clause).
To be provided
(Authority -
4. Contract Compliance Qualifying Report for
constructi on contractors and Vendors To be
submitted by Contractor for all projects with a value
of $10,000 or more. (Authority - Executive Order
11246 as amended, Title VII of the Civil Rights Act
of 1964, as amended and the California Fair
Employment Practice Act.)
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94 99
5. Affirmative Action Policy for Contractors and Vendors
-- To be submitted by Contractors and Subcontractors
wi th contract and subcontracts valued at $10,000 or
more. (Authority - Executive Order 11246 as amended;
Title VII of the Civil Rights Act of 1964, as
amended; Section 503 of the Rehabilitation Act of
1973; the California Fair Employment Practice Act,
and the City of San Bernardino's Affirmative Action
Program) .
6. Certification of Compliance with Air and Water Acts
-- To be provi ded by Contractor and Subcontractors
with contracts and subcontracts valued at $100,000 or
more. (Authority - cited in Text of Acts).
7. Performance Bond -- To be provided by Contractor in
accordance with example, "Form of Performance Bond".
8.
Labor and Materials Bond
Contractor in accordance with
and Materials Bond".
To be provided by
example, "Form of Labor
9. Certifi cati on by Proposed Contractor Regardi ng
Japanese Contract Restrictions.
In addition to the above-named items,
provide the following as noted: (Forms
Works Department Prior to construction.)
the Contractor must
provided by Public
WEEKLY
1.
Contractor Certified Payroll Reports -- (Payroll
Form WH-347). (Authority - Title 29 CFR, Parts
3and5).
WEEKLY
2 .
Certified Payroll Reports
for all Subcontractors
(Authority - Title 29 CFR,
(Payroll Form WH-3471
with subcontracts.
Parts 3 and 5).
WEEKLY
3.
Weekly Reports of Subcontractors on site.
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94 99
SPECIAL PROVISIONS
SECTION I
SPECIFICATIONS AND PLANS
1-1.01 GENERAL -- The work embodied herein shall be done
in accordance with the Standard Specifications for Public Works
Construction, 1991 Edition, and City of San Bernardino Standard
Drawings, insol'"aras the same may apply and in accordance with
the following Special Provisions.
1-1.02 DEFINITIONS Whenever in
Specifications the following terms are used,
understood to mean and refer to the following:
the Standard
they shall be
Agency
Board
The City of San Bernardino.
The Mayor and Common Council for the
City of San Bernardino.
Engineer
The Director of Public Works/City
Engineer for the City of San Bernardino.
Laboratory
The laboratory to be designated by the
City of San Bernardino to test materials
and work involved in the contract.
Notice Advertising for Bids
Notice Inviting Bids.
Standard Specifications
Standard Specifications for Public Works
Construction.
Other terms appearing in the Standard Specifications, and
these Speci.al Provi sions, shall have the intent and meani ng
specified ln Section 1-2, "Definitions", in the Standard
Specifications.
In case of
and these Special
precedence over
portions.
conflict between the Standard Specifications
Provisions, the Special Provisions shall take
and be used in lieu of such conflicting
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94 99
SECTION 2
2-1 PROPOSAL REQUIREMENTS AND CONDITIONS
2-1.01 GENERAL -- Bids must be submitted on the proposal
form contained herein. All bids or proposals shall be signed,
sealed and accompanied by cash, cashier's check or bid bond made
payable to the City of San Bernardino, in the amount of ten
percent (10%) of the bi d. 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, to whom
the contract is awarded, refuses to execute said contract, the
use by the public of the improvements will be delayed and the
~ublic will suffer great damage. From the nature of the case, it
would be extremely difficult and impractical to fix said amount
of damage. Therefore, the City and the bidder agree that the
proposal guarantee of 10% of the bid shall be paid to the City
upon the conditions set forth above as liquidated damages and not
as a forfei ture. Bi d bonds shall be underwri tten by a surety
company having a rating in Best's most recent Insurance Guide of
"A" or better.
2-1.02 MINORITY AND WOMEN'S BUSINESS ENTERPRISES A
policy for establishing goals for participation of Minority and
Women's Business Enterprises (MBE/WBE) was adopted by Resolution
No. 93-411 of the Mayor and Common Council of the City of San
Bernardi no, on 11-1-93. A Standard Operati ng Procedures Manual
(SOP) has been developed to implement this policy and is
available for review at the Department of Public Works.
The adopted pol i cy establ i shes an annual aggregate goal of
15% participation by Minority Business Enterprises (MBE) and 5%
participation by Women's Business Enterprises (WBE) for public
works contracts. In order to achieve compliance with this
policy, the following goals have been established for this
project.
Minority Business Enterprises (MBE)
Women's Business Enterprises (WBE)
15%
5%
The three (3) low bidders shall provide evidence of
compliance with the established goals for this project. This
evidence shall be provided by completion of forms provided by the
Engineer within 7 working days. after receipt in order to
demonstrate how the bidder will meet the established goal.
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94 99
All MBE/WBE I s lis ted by the Contrac tor on these forms mus t
have been certified by the California Department of Transportation,
in accordance with Section 2054 of the Public Contract Code, prior
to the bid opening. Only those firms that are certified by
Caltrans will be counted toward meeting the established goal.
Any bid that fails to meet the established goals for this
project will be considered as non-responsive, unless a waiver is
approved - based upon a finding that a good faith effort was made
to meet the goals. A "Good Faith Effort Statement" may be
submitted by any of the three (3) low bidders, along with the forms
demonstrating the effort of participation by MBE/WBE.
It is incumbent on any such bidder to submit sufficient
documentation to prove that a good faith effort was made to meet
the established goals. Documentation shall include the items
listed in Section II, B(2) of the SOP.
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I SECTION S THROUGH SECTION 5
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94 99
SECTION 6
6-1.01 GENERAL -- The work embodied herein shall be done
in accordance with the Standard Specifications for Public Works
Construction, 1991 Edition, and City of San Bernardino Standard
Drawings, insofar as the same may apply and in accordance with
the following Special Provisions.
6-1.02 AWARD AND EXECUTION OF CONTRACT Award of the
contract wi 11 normally be made by the Mayor and Common Council
at the subsequent Council Meeting after opening of the bids.
The bidder, to whom the contract is awarded, shall file with
the Engineer all required bonds and insurance policies, and
execute the contract, within 10 cal endar days after recei vi ng
notification of the award. Failure to flle the stipulated
documents and execute the contract wi thi n the prescri bed ti me
shall constitute good and sufficient grounds for recession of
the award and payment of 10% of the bid to the City as
liquidated damages.
6-1.03 INCREASED OR DECREASED QUANTITIES If the
total pay quantity of any item of work, SUbject to the
provisions in Section 3-2.2.1, "Increased or Decreased
Quantiti es", of the Standard Specifi cati ons, vari es by more
than 25 percent, compensation payable to the Contractor will be
determined in accordance with said Section 3-2.2.1 and these
Special Provisions.
When the compensation payable for the number of units of
an item of work performed in excess of 125 percent of the
Engineer's Estimate is less than $1,500 at the applicable
contract unit price, the Engineer reserves the right to make no
adjustment in said price if he so elects, except that an
adjustment will be made if requested in writing by the
Contractor. Such Contractor's request shall be accompanied by
adequate, detailed data to support costs of the item.
Should the total pay quantity of any item of work required
under the contract be 1 ess than 75 percent of the Engi neer' s
Estimate therefore, the Engineer reserves the right to make no
adjustment in said price if he so elects, except that an
adjustment will be made if requested in writing by the
Contractor. Such Contractor's request shall be accompanied by
adequate detailed data to support costs of the item.
6-1. 04 SOUND CONTROL REQUIREMENTS The Contractor
shall comply with Chapter 8.54 of the City of San Bernardino
Municipal Code regulating and prohibiting loud, unnecessary and
excessive noises.
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94 99
Each internal combustion engine, used for any purpose on
the job or related to the job, shall be equipped with a muffler
of a type recommended by the manufacturer. No internal
combustion engine shall be operated on the project without said
muffl er.
No equipment, machinery, or apparatus that permits loud
and excessive noise shall be operated during the hours of 10:00
p.m. and 7:00 a.m., unless approval has first been secured from
the Mayor and Common Council of the City of San Bernardino.
Said noise level requirement shall apply to all equipment
on the job or related to the job, including but not limited to
trucks, transit mixers or transit equipment that mayor may not
be 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.
6-1.05 PERMITS AND LICENSE
Supplemental General Conditions.
See Article 7 of the
6-1.06 EXTRA WORK Any extra work done shall conform
to the provisions in Section 3-3, "Extra Work", of the Standard
Specifications. However, equipment rental rates shall conform
to State of California Business and Transportation Agency,
Department, Division of Construction, "LABOR SURCHARGE AND
EQUIPMENT RENTAL RATES", latest Edition, unless the extra work
is done for a negotiated price. Change order for extra work
must be signed by the Contractor, Structural Engineer, and
approved by OSA, City Council before extra work can commence.
6-1.07 HOURS OF LABOR -- In the event that the Engineer
is required by the Contractor's operations to work more than
forty (40) hours in any given week, or on any "off" Friday,
Saturday, Sunday, or Holiday, in the setting of Lines and
Grades or performing inspections, the Contractor shall pay an
amount to the City equal to one and a half (1 1/2) times the
Engineer's normal wages and fringe benefits. Such amount shall
be deducted from the next foll owi ng progress payments. The
City's normal work week is 9 hours per day Monday through
Thursday, and 8 hours on Friday with alternate Fridays off. A
calendar of City's working days is provided to the Contractor.
The City "off" Friday will be considered as a working day for
the Contractor.
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.
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94 99
6-1.08 PAYMENTS
9-3, "Payments", and 9-3.2,
Standard Specifications and
Attention is directed to Section
"Parti al and Fi nal Payment", of the
these Special Provisions.
No partial payment will be made for any materials on hand
which are furnished but not incorporated in the work.
6-1.09 PROJECT APPEARANCE
maintain a neat appearance to the work.
In any area visible to the public, the following shall
apply:
The Contractor shall
When practicable, broken concrete and debris
developed during clearing and grubbing shall be disposed
of concurrently with its removal. If stockpiling is
necessary, the material shall be removed or disposed of
weekly.
6-1.10 TIME AND LENGTH REQUIREMENTS FOR OPEN TRENCH
Open trench, as referred to herein, is defined as all
excavations made for the permanent installations required on
the project, which have not been completely backfilled
(including attaining relative densities) as required elsewhere
in these Specifications and in which either temporary or
permanent paving has not been placed.
The Contractor shall schedule his operations so that the
time and length requirements specified below for open trench
shall not be exceeded.
1. Time Requirements for Open Trench --
At any location, the trench excavation, pipe
installation, appurtenant structure construction,
pipe bedding and backfill and the specified permanent
surfacing shall be satisfactorily completed within
calendar days after removal of the existing
pavement or surfacing.
2. Length Requirements for Open Trench --
Except by permission of the Engineer, the
maximum length of open trench where prefabricated
pipe is used shall be 200 feet, in accordance with
Section 306-1, "Open Trench Operations", of the
Standard Specifications.
6-1.11 DISPOSAL OF EXCESS EXCAVATED OR REMOVED MATERIAL
Unless otherwise specified, all excess excavation or removed
material shall become the property of the Contractor and shall
be disposed of by him away from the site of the work.
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Full compensation for conforming to the requirements of
Section 6 shall be considered as included in the prices paid
for the vari ous contract items of work i nvo 1 ved and no
additional compensation will be allowed therefor.
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City of San Bernardino
. DAYS THAT CITY
I S CLOSED
1994 Calendar
FEBRUARY 1994 MARCH 1994 APRIL 1994
I MOD Tue Wed Thu Fri Mon Tue lWed ITlm Fri MOD Tue Wed Inu IFri
I 1 2 3 4 1 2 3 4 1
I 7 8 9 10 7 8 9 10 4 5 6 7
14 IS 16 17 18 14 15 16 17 18 11 12 13 14 IS
I 21 22 23 24 21 22 23 24 18 19 20 21
28 28 29 30 31 ZS 26 27 28 29
I MAY 1994 JUNE 1994 JULY 1994
MOD Tue Wed trhu Fri MOD [rue Wed Thu Fri MOD Tue Iwed Thu Fri
2 3 4 5 1 2
9 10 11 12 13 6 7 8 9 10 5 6 7 8
16 17 18 19 13 14 15 16 11 12 13 14
23 24 ZS 26 27 20 21 22 23 24 18 19 20 21 22
31 27 28 29 30 ZS 26 27 Z8
Due to the 9/80 work schedule our new business hours are 7:30 am to 5:30 pm
Monday through Thursday, 7:30 am to 4:30 pm Fridays, except on alternate
Fridays when we will be closed, The calendar above is provided Cor your
convenience. The schedule after July is subject to change.
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94 99
SECTION 7
7-1 UTILITIES
7-1.01 GENERAL
substructures that may
Section 5 "Utilities", of
Special Provisions.
The location of all utility
affect the work shall comply with
the Standard Specifications and these
Certain companies, governmental agencies, or their
contractors may be working within the construction area.
Certain utility facilities of various locations within project
limits may be removed, relocated, abandoned, or installed by
companies' or agencies' contractors.
The Contractor shall
damage t%r movement of
below are the utilities
designated contact person:
exerci se due cauti on to prevent any
these utility facilities. Listed
that may be affected, with the
1. GENERAL TELEPHONE COMPANY OF CALIFORNIA
1500 Crafton Avenue, Bldg. 125
Box 1-18
Mentone, CA 92359
Phone: (909) 794-8213
Attn: Rick Pryor
2. SOUTHERN CALIFORNIA EDISON COMPANY
287 Tennessee Street
Redlands, CA 92373
Phone: (909) 335-7170
Attn: Ken Reynolds
3. SOUTHERN CALIFORNIA GAS COMPANY
1981 Lugonia Avenue
Redlands, CA 92373
Phone: (909) 798-7750
Attn: Rogelio Rawlins
4. SAN BERNARDINO MUNICIPAL WATER DEPARTMENT
300 North "D" Street
San Bernardino, CA 92418
Phone: (909) 384-5405
Attn: Ellis Williams
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5. PACIFIC BELL COMPANY
3939 E. Coronado Street
Anaheim, CA 92807
Phone: (909) 999-5454
6. CHAMBER CABLE TV
4240 N. Hallmark Parkway
San Bernardino, CA 92407
Attn: Jo McCard
7.
Phone: (909) 880-0220
COMCAST CABLE
2090 North "D" Street
San Bernardino, CA 92405
Attn: Carl Mol ner
Attn: Richard Burkett
8. AT & T
101 E. Orangethorpe Avenue, Suite 150
Anaheim, CA 92801
Phone: (909) 526-2556 Attn: Stan Stephens
9. SOUTHLAND CABLEVISION
1722 Orange Tree Lane
P.O. Box 710
Redlands, CA 92373 Attn: Keith Perkins
Full compensation for conforming to the requirements of
this Section, not otherwise provided for, shall be considered
as i ncl uded in the pri ces paid for the vari ous contract items
of work involved and no additional compensation will be allowed
therefor.
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94 99
SECTION 8
8-1 DESCRIPTION OF WORK
8-1.01 GENERAL The work to be done consists, in
general, of excavating for the storm drain pipes and manholes;
shoring of excavations; installing storm drain pipes; placing
imported backfill (as ordered by the Engineer); installing
asphalt concrete pavement; 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.
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SECTION 9
9-1 TRAFFIC
9-1.01 GENERAL -- Attention is directed to Section 7-10,
"Public Convenience and Safety", of the Standard Specifications
for Public Works Construction, 1991 Edition and these Special
Provisions.
Warni ng si gns, 1 i ghts, and devi ces for use in performance
of work upon highways shall conform to the "Manual of Traffic
Controls", 1985 Edition, published by the State of California,
and the "Work Area Traffic Control Handbook", 1985 Edition,
adopted by the City of San Bernardino, California.
The Contractor shall so conduct his operations as to offer
the least possible obstruction and inconvenience to the public.
Convenience access to abutting properties shall be maintained
whenever possible and as directed by the Engineer.
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 on working days.
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 begin work at least five (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 relative to keeping the working area clear
of parked vehicles.
All pl aces of busi ness and resi dences along the streets
that are within the limits of any work shall be notified by the
Contractor in writing at least five (5) days prior to
commencement of work. This notification shall explain the
sequence of work and i ndi cate any restri cti ons of access.
Verbal notification shall be given to all places of business
and residences at least 18 hours in advance of commencing work
that will affect access to and from their properties.
9-1.02 TURN RESTRICTIONS -- The Contractor shall post
appropriate signs restricting turns when directed to do so by
the Engineer.
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9-1.03 PARKING RESTRICTIONS -- Unless otherwise provided
herein, the Contractor may post temporary "NO PARKING" signs
within the area of work as required to facilitate construction
operations, subject to the approval of the Engineer.
9-1.04 TRAFFIC LANES Traffic lanes shall have a
minimum width of 10 feet. A minimum width of 2 feet shall be
provided adjacent to curbs, posts, and other similar
obstructions, and 5 feet shall be provided adjacent to any
excavation, unless otherwise authorized by the Engineer.
9-1.05 PUBLIC CONVENIENCE -- During the progress of work,
adequate provisions shall be made by the Contractor to
accommodate the normal vehicular and pedestrian traffic along
streets, roads, and highways, immediately adjacent to or
crossing the work, so as to cause a minimum of inconvenience to
the general publ i c.
The Contractor shall furnish, install, and upon completion
of the work, remove all signs and warning devices required for
di recti ng, protecti ng, and detouri ng the publ i c duri ng
construction.
Emergency vehicles shall be permitted access at all times
to any street.
9-1.06 PAYMENT -- Full compensation for furnishing and
installing signs, lights, flares, barricades and other traffic
control devices necessary to expedite passage of public traffic
through the work area 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.
The provisions in this Section may be modified or altered
if, in the opinion of the Engineer, public traffic will be
better served and work expedited. Said modifications or
alterations shall not be adopted until approved in writing by
the Engineer.
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94 99
SECTION 10
10-1 MOBILIZATION
10-1.01
requirements of
Specifications.
GENERAL -- Mobilization shall comply with the
Section 9-3.4, "Mobilization", of the Standard
10-1.02 PAYMENT -- The contract lump sum price paid for
"Mobilization" shall be deemed to include the cost of work in
advance of construction operation and not directly attributable
to any specific bid item and no additional compensation will be
allowed therefor.
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94 99
SECTION 11
11-1 SHORING OF EXCAVATION
11-1.01 GENERAL The Contractor shall furnish all
labor, equipment, and materials required to design, construct,
maintain, replace, and remove all shoring, sheeting, lagging,
cribbing, piling or other types of support for the walls of the
open excavations required for the construction of this project.
11-1.02 PERFORMANCE Attention is directed to the
"Construction Safety Order", "Trench Construction Safety
Orders", "Tunnel Safety Orders", and "General Safety Orders"
issued by the Division of Industrial Safety of the State of
California, Department of Industrial Relations and to any and
all other applicable laws, ordinances, or regulations to which
the Contractor is required by law to conform. He shall provide
himself with copies of these "Orders", "Laws", and
"Regulations" or suitable extracts therefrom and shall keep a
copy of each at the site of his operations and shall be
governed by the requi rements thereof. The requi rements
concerning shoring, sheeting, and bracing of excavations and
those concerni ng warni ng si gns, 1 i ghts and barri cades are of
particular importance.
All excavations 5 or more feet in depth shall be braced in
accordance with the requirements of Section 306-1.1.6 of the
Standard Specifications.
The Contractor shall take precautionary measures to
protect, in place, all existing structures and fences during
excavation.
The Contractor shall submit to the Engineer, at least 48
hours in advance of any excavation, a detailed plan showing
design of shoring, bracing, sloping, or other provisions to be
made for worker protecti on from the hazard of cavi ng ground
during the excavation. No excavation shall be done until such
plan has been approved in writing by the Engineer, and a permit
has been obtained from the State Division of Industrial Safety
in accordance with the requirements of Section 7-10.4.1 of the
Standard Specifications.
The Contractor shall have on fil e with the Ci ty of San
Bernardino, Department of Public Works/Engineering Division, a
copy of a CAL/OSHA permit for any excavation over five feet in
depth and into which persons are required to descend.
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11-1.03 PAYMENT -- The contract lump sum price paid for
"Shoring of Excavation", shall be deemed to include all costs
rel ati ng to all work descri bed herei nbefore, and no addi ti ona 1
compensation will be allowed therefor.
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94 99
SECTION 12
12-1 IMPORTED BACKFILL FOR TRENCHES
12-1.01 GENERAL -- Imported backfill shall be placed in
pipeline trenches as ordered by the Engineer. Material used
for imported backfill shall comply with Section 306-1.3.5,
"Imported Backfill", of the Standard Specifications, and shall
have a sand equivalant of not less than 30.
12-1.02 PAYMENT -- The contract unit price paid per ton
for "Imported Backfill for Trenches", ordered by the Engineer,
shall include full compensation for doing all the work involved
in furnishing and placing imported backfill, complete in place,
and no additional compensation will be allowed therefor.
The provlslons contained in Section 3-2, "Changes
Initiated by the Agency", of the Standard Specifications shall
not apply to imported backfill for trenches, and no adjustment
shall, therefor, be made in the contract unit price for
increased or decreased quantities of imported backfill for
trenches.
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94 99
SECTION 13
13-1 RESTORATION OF ASPHALT CONCRETE PAVEMENT
13-1.01 ASPHALT CONCRETE -- Asphalt concrete shall comply
with the requirements of Section 203-6, "Asphalt Concrete", and
Section 302-5, "Asphalt Concrete Pavement", of the Standard
Specifications and these Special Provisions.
13-1.02 TEMPORARY RESURFACING -- Temporary resurfacing
shall comply with the requirements of Sub-Section 306-1.5.1,
"Temporary Resurfacing", of the Standard Specifications and
these Special Provisions.
Temporary resurfacing shall be placed over all backfill in
streets, or other areas where the Contractor's operations have
resulted in the removal of existing paving.
Temporary resurfacing shall be placed as soon as the
backfill is densified to the relative density or immediately
when so directed by the Engineer.
13-1.03 PERMANENT RESURFACING Permanent resurfaci ng
shall comply with the requirements of Sub-Section 306-1.5.2,
"Permanent Resurfacing", of the Standard Specifications and
these Special Provisions.
Permanent trench resurfacing shall be one (1) inch greater
in thickness than existing pavement and shall be feathered over
existing pavement a minimum of 2 feet on each side of the
trench as shown on the Plans and as directed by the Engineer.
However, total thickness of the new asphalt concrete pavement
shall not exceed a maximum of 4 inches in thickness.
Asphalt concrete pavement shall be C2-AR-4000.
A self-propelled machine will not be required for any
trench that is 2 feet or less in width.
A prime coat and tack coat shall be applied as directed by
the Engineer.
13-1.04 PAYMENT -- Full compensation for "Restoration of
Asphalt Concrete Pavement", shall include all work involved in
constructing asphalt concrete pavement, including placing and
removing temporary resurfacing, the application of a prime coat
and tack coat as directed by the Engineer, and 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.
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94 99
SECTION 14
14-1 REINFORCED CONCRETE PIPE
14-1.01 GENERAL
specified size and D-Load
"Reinforced Concrete Pipe",
these Special Provisions.
Reinforced concrete pipe of the
shall comply with Section 207-2,
of the Standard Specifications and
Installation of
with the provisions
Construction", of the
reinforced concrete pipe shall
of Section 306, "Underground
Standard Specifications.
conform
Conduit
Backfill placed within
in asphalt pavement areas
relative density of 95%.
1.5 feet of the finished subgrade
sha 11 be compacted to a mi ni mum
Reinforced concrete pipe shall be of the D-Load strength
shown on the Plans or specified in the Special Provisions. The
wall thickness, reinforcement and test loads for pipe of the
sizes specified shall conform to the requirements of the
Standard Specifications, Serial Designation C76-41 of the
American Society for Testing Materials.
The D-Load is the actual load in pounds per linear foot
that the pipe will withstand under the three-edge bearing test,
without showing a crack in excess of 0.01 inch in width and 12
inches in length, divided by the inside diameter of the pipe in
feet.
14-1.02 PAYMENT -- The contract unit price paid per
linear foot for all pipe shall be paid for the various size of
"Reinforced Concrete Pipe", shall include full compensation for
doing all the work involved in preparing subgrade, placing
material, and finishing, and shall include all excavation and
back fill, as desi gnated on the Pl ans and as di rected by the
Engineer, and no additional compensation shall be allowed
therefor.
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94 99
SECTION 15
15-1 CONCRETE STRUCTURES
15-1.01 CONCRETE STRUCTURES Concrete structures
including reinforced concrete box culverts, wing walls,
cut-off walls, concrete barriers, catch basins, Manhole No.2,
manhole No.4, debris basin inlet structure, and appurtenances
shall conform to the provisions in Section 201, Concrete,
"Mortar and Related Materials", and Section 303-1, "Concrete
Structures", of the Standard Specifications and these Special
Provisions.
Concrete for structures shall be Cl ass 560-C-3250 wi th a
maximum slump of five (5) inches.
Reinforced steel shall be Grade 60 per ASTM A-615
designation.
Class 2 surface finish will not be required on any portion
of the concrete structures.
The quantities shown on the bid sheet for concrete for the
various structures shall be considered final quantities for
payment for these items unl ess the di mensi ons of the work
shown on the Plans are revised by the Engineer. If such
dimensions are revised, and such revisions result in an
increase or decrease in the quantities of such work, the final
quanti ti es for payment wi 11 be revi sed in the amount
represented by the changes in the dimensions. The estimated
quantities for such specific portion of the work shall be
considered as approximate only and no guarantee is made that
the quantities which can be determined by computations, based
on the details and dimensions shown on the Plans, will equal
the estimated quantities. No allowance will be made in the
event that the quanti ti es based on computati ons do not equal
the estimated quantities.
15-1.02 MANHOLE NO.2
constructed as shown on the
City's Standard Drawing No.
Engineer.
Manhole
Plans and in
415 and as
No. 2 shall be
accordance with
directed by the
15-1.03 CATCH BASIN NO.2 AND 3 -- Catch Basin No.2 and
3 shall be constructed in accordance wi th the Ci ty' s Standard
Drawing No. 404 and 405, and as directed by the Engineer.
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15-1.04
constructed
412, and as
CONCRETE COLLARS -- Concrete coll ars shall be
in accordance wi th Ci ty' s Standard Drawi ng No.
directed by the Engineer.
15-1. 05
constructed
No. 183-B
Engineer.
CONCRETE HEADWALL -- Concrete
in accordance with S.B.C.F.C.D.
as shown on the Plans and as
headwall shall be
Standard Drawing
directed by the
15-1.06 PAYMENTS -- The contract price paid per each for
"Manhole No.2", "Catch Basin No. 2 and 3", "Concrete
Coll ars", and per cubi c yard for "Concrete Headwall", shall
include full compensation for structure excavation, structure
backfill, and furnishing and placing all steel reinforcing,
miscellaneous iron and steel including metal frames and
covers, and for doing all the work involved in constructing
all of the above, complete in place, as shown on the Plans and
as directed by the Engineer, and no additional compensation
will be allowed therefor.
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94 99
SECTION 16
16-1 PORTLAND CEMENT CONCRETE
16-1.01 GENERAL -- Portland Cement Concrete construction
shall comply with Section 201-1, "Portland Cement Concrete",
Section 303-5, "Concrete Curb, Walks, Gutters, Cross Gutters,
Alley Intersections, Access Ramps and Driveways", of the
Standard Specifications, as shown on the Plans, Standard
Drawings and these Special Provisions.
16-1.02 CONCRETE LOCAL DEPRESSION -- Concrete shall be
Class 520-C-2500 with a maximum slump of four inches.
16-1.03 PAYMENT -- The price paid per cubic yard for
"Concrete Local Depressions", shall include full compensation
for doing all the work involved in preparing subgrade, form
work, placing material, including saw cutting, and furnishing
as designated on the Plans and as directed by the Engineer, and
no additional compensation will be allowed therefor.
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94 99
SECTION 17
17-1 BARRIER GRATE
17-1.01 GENERAL -- Barrier grate shall comply with the
requirements of Section 201-2, "Steel Reinforcement for
Concrete", of the Standard Speci fi cati ons and these Speci al
Provisions. All welds shall be completed (No Spot Welds) and
ground smooth. All frame members, vertical bars and horizontal
bars shall be cleaned, primed and finished painted with two
coats of a zinc chromate black primer. The barrier grate shall
be secured as shown on the Standard Plans. The bolts shall be
secured by a spot weld or a prior approved vandal-proof bolt.
17-1.02 PAYMENT -- The contract unit price paid per each
for "Barrier Grate", shall include full compensation for doing
all the work involved in constructing the barrier grate
complete in place as shown on the Plans and as directed by the
Engineer, and no additional compensation will be allowed
therefor.
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94 99
SECTION 18
18-1 CHAIN LINK FENCE
18-1.01 CHAIN LINK FENCE -- Chain link fence shall comply
with the requirements of Section 206-6, and Section 304-3, "Chain
link Fence", of the Standard Specifications and these Special
Provisions.
1. Chain Link Fence
Chain link fence
of ASTM A 392.
all fenci ng.
b. Size of mesh shall be 2 inches.
shall conform to the requirements
The fabri c shall be 9-gauge for
a.
c. Height of fabric shall be 72 inches except as
noted on the Plans.
2. End Corner Slope and Gate Post End, corner slope and
gate post shall be round with a minimum outside
dimension of 2.875 inches and have a minimum weight per
foot of 5.79 lbs.
3. Line Post -- Line post shall be round with a minimum
outside dimension of 2.375 inches and have a minimum
weight per foot of 3.65 lbs. All posts shall be fitted
with tops designed so as to fit securely over the posts
and carry a top rail.
4. To~ Rails and Bottom Rails -- Top rails and bottom
ralls shall be round with a minimum outside dimension
of 1.660 inches and have a minimum weight of 2.27 lbs.
per foot, weld to line gate and corner posts.
5.
Tension Wires and Fabric Ties
fabric ties shall be as follows:
Tension wires and
a. Bottom tension wires shall be at least 7-gauge
galvanized coil spring steel wire.
b.
Ti es used to fasten the
shall be not smaller
steel wire.
fabric to posts and rails
than II-gauge galvanized
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94 99
6. Truss or Tension Rods -- Truss or tension rods used in
trussing gate frames and line posts adjacent to end,
corner, slope or gate posts shall be adjustable 3/8
inch diameter galvanized steel rod. When used in
trussing line post, adjustment shall be provided by
means of galvanized turnbuckles.
7. Repair of Damaged Coatings -- Repair of damaged zinc
coatings shall comply with the requirements of Section
210-3.5 "Repair of Damaged Zinc Coating", of the
Standard Specifications.
8.
Footi ngs -- Footi ngs for 1 i ne post shall not be
than 36 inches deep and 8 inches in diameter.
other footi ngs shall not be 1 ess than 36 inches
and 12 inches in diameter.
less
All
deep
18-1.02 PAYMENT -- The contract unit price per linear foot
for, "Chain Link Fence", complete in place, shall include full
compensati on for doi ng all the work i nvol ved in accordance wi th
the details on the Plans, and no additional compensation shall be
allowed therefor.
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94 99
SECTION 19
19-1 CONCRETE ROCK BOTTOM
19-1.01 GENERAL -- Concrete rock bottom
the requirements of Section 200-1.6, "Stone
Section 201-1, "Portland Cement Concrete",
Specifications and these Special Provisions.
shall comply with
for Riprap", and
of the Standard
Concrete shall be Class 560-C-3250.
Earthwork and relative compacti?n. for, "Concrete Rock
Bottom", shall conform with the provlslons of Section 300-7,
"Earthwork for Channels", of the Standard Specifications.
19-1.02 PAYMENT -- The contract unit price per square foot
for, "Concrete Rock Bottom", shall include full compensation for
doing all the work involved in preparing subgrade, furnishing and
placing materials, and finishing, and shall include all
excavation and backfill, as designated on the Plans, and as
directed by the Engineer, and no additional compensation shall be
allowed therefor.
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DOC U MEN T S
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1 TO (Appropriate Recipient)
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"S\)(3.P1\TTCD wITT-'
OFFICE OF COMMUNITY DEVELOPMENT R20FO~P,-\.-
94
COMffllNITY DEVELOPMENT BLOCK GRANT PROGRAM
99
CONiRACTOR'S CERTIFICATIO~
LABOR STANDARDS A~D PREVAILING WAGE REQUIRE~ENTS
CO:ICE RN I NG
DATE
PROJECT Nl::.3ER (If any)
PROJECT NA.'IE
1. The undersigned, having executed a contract with
for the construction of the above-identified project.
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acknowledges that:
(a) The Labor Standards provisions are included in the aforesaid contract:
(b) Correction of any infractions of the aforesaid conditions, including
infractions by any of his subcontractors and any lower tier sub-
contractors, is his responsibility:
2. ~e certifies that:
(a) Neither he nor any firm, partnership or association in which he has
substantial interest is designated as an ineligible contractor by the
Comptroller General of the United States pursuant to Section 5.6(b)
of the Regulations of the Secretary of Labor, Part 5 (29 CFR, Part 5)
or pursuant to Section 3(a) of the Davis-Bacon Act, as amended (40 U.S.C.
276a-2(a)).
(b) No part of the aforementioned contract has been or will be subcontracted
to any subcontractor if such subcontractor or any firm, corporation,
partnership or association in which such subcontractor has a substantial
interest is designated as an elegible contractor pursuant to any of the
aforementioned regulatory or statutory provisions.
3. Be agrees to obtain and forward to the aforementioned recipient within ten days after
the execution of any subcontract, including those executed by his subcontractors and
any lower tier subcontractors, a Subcontractor's Certification Concerning Labor
Standards and Prevailing Wage Requirements executed by the subcontractors.
4. Ee certifies that:
(a) The legal name and the business address of the undersigned are:
(b) The undersi ned is:
(1) A S~NGLE PROPRIETORSHIP
(3) A CORPORATION ORGANIZED IN THE STATE OF
(2) A PARTNERSHIP
(4) OTHER ORG,".NIZATION (Describe)
""'Ie 2 of 2
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94 99
I (c) The name, title and address of the owner, partners or officers of the undersigned
are:
I NAME TITL'E ADDRESS
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I (d) The nameS and addresses of all other persons. both natural and corporate, having
a substantial interest in the undersigned, and the nature of the interest are
I (If none, so state):
NAME ADDRESS NATURE OF INTEREST
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(e) The names. addresses and trade classifications of all other building construction
I contractors in which the undersigned has a substantial interest are ( If none, so
state) :
NAME ADDRESS TRADE CLASSIFICATION
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DATE: (contractor)
, I . By: .
,
I WARNING
,
I u.s. criminal Code, Section 1010, Title 18, U,S.C., provides in part: "Whoever,.....
makes, passes, utters or publishes an9 statement, knowing the same to be false ......
shall be fined not more than $S, 000 or imprisoned not more than two gears, or both,
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.pi2-0-Po.-;.. '" L
94
99
CERTIFICATION OF BIDDER REGARDING
EaUAL EMPLOYMENT OPPORTUNITY
INSTRUCTIONS
This cenification isrequired pursuant to Executive Order 11246 130 F. R. 12319-251. The implementing rules and
rlll~llations provide that any bidder or prospective contractor. or any of their proposed subcontractors. shall state as
an initial part of the bid or negotiations of the contract whether it has participated in any previous contract or sub.
contract subject to the equal opponunity clause: and. if 10. whether it has filed all almpliance reports due under
applicable instructions.
Where the certification indicates that the bidder has not filed a compliance report due under applicable instructions.
such bidder shall be required to submit a compliance repon within seven calendar days after bid opening. No contract
shall be awarded unless such repon is submitted.
CERTIFICATION BY BIDDER
Bid~er's Name:
Address and Zip Code:
1. Bidder has panicipated in a previous contract or subalntract subject to the Equal Opponunity Clause.
Yes 0 No 0 (If on...,er i. y.., idenl.fy lAe mo.' fecenl canlTocl.)
2. Compliance r.pons were required to be filed in connection with such contract or suba>ntract.
Yes 0 No 0 (If ou"..er i. y... idenlify IAe ..a.1 ruenl conlrocl.)
3. Bidder has filed all compliance repons due under applicable instructions. including SF.l00.
Yes 0 No 0 Non. Required 0
4. If answer to it.m 3 is "No." please explain in detail on reverse side of this certification.
Certification - The information above is trueand almplete to the best of my knowledgeand belief.
N."..nd TjrJ. of SigMT (1"... TY/HJ
S,gMtun
Dot'
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S\)'2:,,0")\TTGD wlil-\
P [2..0 Po :;"p.. L
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94
99
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FORM OF BID BOND
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KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned,
as Principal, and
as Surety, are
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hereby and firmly bound unto
as owner in the penal sum of
for the payment of which, well and truly
and severally bind ourselves, our heirs,
successors and assigns. Signed, this
,19_
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to be made, we hereby jointly
executors, administrators,
day of
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The condition of the above obligation is such that whereas the Principal
has submitted to
a certain Bid, attached hereto and hereby made a part hereof to enter
into a contract in writing, for the
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NOW, THEREFORE,
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a. If said Bid shall be rejected, or in the alternate,
b. If said Bid shall be accepted and the Principal shall execute
and deliver a contract in the Form of contract attached
hereto (properly completed in accordance with said Bid) and
shall furnish a bond for his faithful performance of said
contract, and shall in all other respects perform the
agreement created by the acceptance of said Bid,
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then this obligation shall be void; otherwise, the same shall remain in
force and effect; it being expressly understood and agreed that the
liability of the Surety for any and all claims hereunder shall, in no
event, exceed the penal amount of this obligation as herein stated.
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The Surety, for value received, hereby stipulates and agrees that the
obligations of said Surety and its bond shall be in no way impaired or
affected by any extension of the time within which the Owner may accept
such Bid; and said Surety does hereby waive notice of any such
extension.
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94 99
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IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their
hands and seals, and such of them as are corporations have caused their
corporate seals to be hereto affixed and these presents to be signed by
their proper officers, the day and year first mentioned.
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(L.S. )
Principal
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By:
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SEAL
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CERTIFICATION BY PROPOSED CONTRACTOR REGARDING
JAPANESE CONTRACT RESTRICTIONS
94
99
Backaround
Section 109 of the Public Law 100-202 imposes a ban against the use of
forei~n contractors and suppliers who are from countries that
discr~minate against U.S, firms in public works projects. To date, Japan
is the only country to which these restrictions apply. The ban applies
to construction contractors and to architectural, engineerin~ or other
services directly relating to the construction or rehabil~tation of
public buildings or projects, A firm is affected by the ban if 50% or
more of its stock is owned or controlled by a citizen or national of a
foreign country included on the list of foreign countries that discrim-
inate against U,S. firms ~ublished by the U, S. Trade Representative
(USTR). General partnersh~ps are also covered by the ban, A clause
entitled "Restrictions on Public Buildings and Public Works Projects" is
included in the body of the construction contract for the proposed
project. This clause provides detailed definitions and restrictions
pertaining to the award of this contract,
The bidder referenced below is the firm, company, corporation or its
representative proposing to do work on or supply materials for the
project.
Bidding contractor's Name:
Address:
contractor's Certification
CoRN\'>\1 c:'..o;,\eNC-rlcN CoMPANY 'Lc..-
P. O.~)i. s.s<1
~\.OOrnIN(;TC1N. cA Cj"l..~11.:.
firm(s) included on the list
U,S, firms published by the
False
1.
Bidder is not owned or controlled by a
of countries that discriminate against
USTR. True X
2.
Bidder has
controlled
not
by a
or will not subcontract
country on the USTR list,
True X
with a firm(s)
False
owned
or
3.
Bidder will not use any construction product or materials
permanently affixed instruments, equipment, electronics
devices (exclUding vehicles and construction equipment) of
on theUSTR list, True X False
including
or other
a country
Certification _ The information above is true and complete to the best of
my knowledge and belief.
type
'-\ \ V> \c:t ~
Date
Failure to complete this form is cause for rejection of the bid
as not being responsive or responsible,
Note:
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94
N]A
ND S.U(3COr-JTiZ..A-CT S
COMMUNITY DEVEWPMENT BLOCK GRANT PROGRAM
OffICE Of COMMUNITY DEVELOPMENT
99
SUBCO~ITRACTOR'S CERTIFICATION
CONCERN ING LABOR STANDARDS AND PREVAI LWG HAGE REQU I REMENTS
C/O
DATE
PROJECT NU~~ER (If any)
PROJECT NAI'.l:
TO (Appropriate Recipients):
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1. The undersigned, having executed a contract with
(Contractor or Subcontractor)
for
(Nature of Work)
in the amount of $
in the construction of the above-identified project, certifies that:
(a) The Labor Standards Provisions of The Contract For Construction are included in
the aforesaid contract.
(b) Neither he nor any firm, corporation, partnership or association in which he has
a substantial interest is designated as an ineligible contractor by the Comptrolle~
General of the United States pursuant to Section 5.60(bl of the Regulations of
the Secretary of Laobr, Part 5 (29 CFR, Part 5), or pursuant to Section 3(a) of
the Davis-Bacon Act, as amended (40 U.S.C. 276a-2(a)).
(c) No part of the aforementioned contract has been or will be subcontracted to any
subcontractor if such subcontractor or any firm, corporation, partnership or
association in which such subcontractor has a substantial interest in designated
as an ineligible contractor pursuant to the aforesaid regulatory or statutory
provisions.
2. He agrees to obtain and forward to the contractor, for transmittal to the recipient,
within ten days after the execution of any lower subcontract, a Subcontractor's
Certification Concerning Labor Standards and Prevailing Wage Requirements, executed
by the lower tier' subcontractor, in duplicate.
(a) The workmen will report for duty on or about
(Date)
3. He certifies that:
(a) The legal name and the business address of the undersigned are:
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(b) The undersi ned is:
(1) A SINGLE PROPRIETORSHIP:
(3) A CORPOAA':'ION O!\CANI:ED IN ~E STATE OF:
(2) A PARTNESHIP
(4) OTHER ORGANIZATION (Describe)
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94 99
(c)
The name, title and address of the owner, partners or officers of the undersinned
are' ~
NAME
TITLE
ADDRESS
(d)
The names and addresses of all other persons, both natural and corporate, having
a substantial interest in the undersigned. and the nature of the interest are
(If none so state):
NAME
ADDRESS
NATURE OF INTEREST
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(e) The names, addresses and trade classifications of all other building construction
contractors in which the undersigned has a substantial interest are (If none, so
state):
NAME ADDRESS TRADE CLASSIFICATION
.
(subcontractor)
By
(Typed Name and Title)
(Signature)
'../ARNING
U.s. Criminal Code, Section 1010, Title 18, U.S.C., provides in part: ..Whoever,.....
makes, passes, utters, or publisehrS any statement, knowing the same to be false....
shall be fined not more than $5,000 or imprisoned not more than two year, or both."
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. . ~.. . ~ . ,.. ,..... \.. ~ , \
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N)A
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94
99
f'.l (:) So v C1 CONI \2A-C-,.s..
1
CERTIFICATION BY PROPOSED SUBCONTRACTOR REGARDING
EQUAL EMPLOYMENT OPPORTUNITY
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"......It 0" ...t...([ CO...T....CTO..
"flI0JIC T ...0.
IHSTRUCTIOHS
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Thi. certification i. required purluanllo Executi.e Order 11246 (30 F.R. 12319.25). The implemenling rulu and
regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall stale os
on inilial pari of the bid or negoliatian. of the conlroC! whelher il ho. parlicipoted in any pr..iouI conlra,1 or lub-
contract lubiectlo the equal opporlunity clou..; and, il la, whether it h.. lilad 011 complionca reporl> due under
appl icabl.' instNctions.
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Wlt.,e the certification indicates that the subcontractor has not filed 0 complionce report due under applicable in.
..ructions, such subcontractor shall be required to submit a compliance report before the owner approves the sub.
contract or permits work to begin under the subcontroct.
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5UtCOH TRACTOR'S CE RTlflCA TIOH
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Subcontractor's Name:
Addre..:
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1. Bidder hal porlicipaled in a pre.iou. conlroC! or lubcantract .ubiectlo Ihe Equal OpporlunilY Clou...
Y.. 0 Ho 0
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2. Compliance reports were required to be filed in connection with such contract or subcontract.
Y.. 0 Ho 0
3. Bidder h.1 filed .11 campliance report. due under applicable in"'uctionl, including SF.l00.
Y.. 0 Ho 0 Hone Required 0
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4. If answer to item 3 is "No," please explain in detail on r,verse side of this certification.
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Certification _ The informalion abo.e i. true and complete 10 the bOll 01 my knowledge and belial.
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N.....E ..NO TITLE 0111' SlGNE,1II IPlC.6~ rrpc}
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DATE
IIGN.. TU"&
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94
99
SECTI~ 3 CLAUSE
, 135.20 Assurance of co.pliance with regulations.
<a) Every contract or agreement for a grant, loan, subsidy, or other
direct financial assistance in aid of housing, urban planning, development,
redevelopment, or renewal, public or community facilities, and new
community development, entered into by the Department of Housing and Urban
Development with respect to a section 3 covered project shall contain
provisions requiring the applicant or recipient to carry out the provisions
of section 3, the regulations set forth in this part, and any applicable
rules and orders of the Department issued thereunder prior to approval of
its application for assistance for a section 3 covered project.
(b) Every application, recipient, contracting party, contractor, and
subcontractor shall incor orate or cause to be incor orated in sll contracts
for work in connection with a section 3 covered ro ect the followin clause
(referred to as . section 3 clause):
A. The work to be performed under this contract is on a project assisted
under a program providing direct Federal financial assistance from the
Department of Housing and Urban Development and is subject to the requirements
of section 3 of the Rousing and Urban Development Act of 1968, as amended,
12 u.s.e. 1701u. Section 3 requires that to the greatest extent feasible
opportunities for training and employment be given lower income residents of
the project area and contracts for work in connection with the project be
awarded to business concerns which are located in, or owned in substantial
part by persons residing in the area of the project.
E. The parties to this contract will comply with the provisions of said
section 3 and the regulations issued pursuant thereto by the Secretary of
Housing and Urban Development set forth in 24 erR 135, and all applicable
rules and orders of the Department issued thereunder prior to the execution
of this contract. The parties to this contract certify and agree that they
are under no contractual or other disability which would prevent them from
complying with these requirements.
c. The contractor will send to each labor organization or representative
of workers with which he has a collective bargaining agreement or other
contract. or understanding, if any, a notice advising the said labor
organization or workers' representative of his commitments under this
section 3 clause and shall post copies of the notice in conspicuOUS places
available to employees and applicants for employment or training.
D. The contractor will include this section 3 clause in every subcontract
for work in connection with the project and will, at the direction of the
applicant for or recipient of Federal financial assistance, take appropriate
action pursuant to the subcontract upon a finding that the subcontractor is
in violation of regulations issued by the Secretary of Housing and Urban
Development, 24 eFR 135. The contractor will not subcontract with any
subcontractor where it has notice or knowledge that the latter has been found
in violation of regulations under 24 erR 135 and will not let any subcontract
unless the subcontractor has first provid~it with a preliminary statement
of ability to comply with the requirements of these regulations.
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94 99
E, Compliance with the provisions of section 3, the regulations set forth
in 24 CFR 135, and all applicable rulea and orderl of the Department illued
thereunder prior to the execution of the contract, Ihall be a condition of
the Federal financial alliltance provided to the project, binding upon the
applicant or recipient for luch aSlistance, its successors, and assigns.
Failure to fulfill these requirements ahall subject the applicant or recipient,
ita contractors and subcontractorl. its successorl, and assigns to those
sanctions specified by the grant or loan agreement or contract through which
Federal assistance is provided, and to such sanctions as are specified by
24 CFR 135.
I certify that I have read the Section 3 Clause and agree to comply with
the provisions contained therein.
~;/'~~~
Sotgnature
l.\\"2.~\9~
, Date
Gl2..I"l\SY\ CoN'S,(2.\J(...IIC/N ~Ai\)Y ~c;....
Company Name
?Q. ~ ~S9
Address
B\OO(Y\lN(?lbN , CA
.
C1.~3Ho
I 94
99
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94
99
INSTRUCTIONS FOR COMPLETING CONTRACT COMPLIANCE
QUALIFYING REPORT
I.
JOB CATEGORY
C.UI .s to be completed fOf all lined lOb c.JlegOfltS of emplovees.
D,tlnltIOn,:
AdmlnlsttltofS~ OCCUPltlonS whll:h rlQUlre that emplovees set
broad pOliCies. 'JI,rCllt overalt r,soonSIOIllW tor e.ecutlon of these
pO:ICles, direct ,ndlvldu,1 a'Plnm,"I, or a speCial phase of ttle
contracton, operations, or prOVide soK~lIzed consult.tlon on II
"ilOnal, district or If II baSIS.
Includes: dlflCtOrs, deputy directors, dtp.rlment heads.
contrOIl,r.s. tor.men, sUp.nllson, inspectors. and kindr.d workers.
Proftision.l: OCCUPltlOns ",,"uch reQuire specialized and
theoretical knowledge wt'Uch is USU<llly .eQulr,es through ..allege
Iralnlng or through wOlk t.~'lence and other Ifl,nlng which
~ovldft comparable know(edge.
Includes_ personnel i1nd llilJar utahons workers, SOCial work.,s,
dOC lon, pSychologlSI$, reglstefl:d nurses, economisls, dieltt:lans,
lawyers, svstem ana1ysU, i1Ccounlants, englneet'S, employment and
yo.:allonal rehilhllltallon counselors. teachers or Instructors, and
a",ndnd workf'fS,
Technlul: OCCuPltlons which require a cornblnauon of bas~
Ie,entllic or technical knowledge and manual skill which can be
obUllntd through spetl.llnd post.seeondlirv school education or
through eQuI",alen, on,the'IOU tIalnlng
Includes: compuler programmers and operators, drahsmen,
S:..lt'\leyors, Ilctnsed prltllClI nurses, photographers, rildiO operatOrs,
tKhnlcal IlIustralors, highway technlclIns. techniCians (medll:.I,
dental, electroniC, phYSIClI 5Clenc~I, assessors, I"Spectors, and
k.ndred workers.
Sale,: Occupations In which the aet of selling lakes place;
ellchange of properly of any kind, or of sef'lllces for an agreed sum
of money 01 other valuable consldeultlon. One employed ft II
u....ehng agent or representlllve to sell goodS or ser"'lces,
Office and Cltrinl: OCCUpatiOns In wtllch workers are
'"DenSlble for '"ternal and Ulernal communication, recordin9and
nUI"",al of data and/or Information .nd olher paperwork requited
In an office.
Includes: bOokkeepers, secrellrll!'S, office machine operltor1,
clerk IYPlsn, stenoC]r.phers, statl\tlca' clerks, dispatchers, payroll
clerks. messengers, and kindred worlr.trs.
Skilled: Occupations In which workers perform ;Obl which
requite srltclal manual Skill, , IhOlough ,nd comprehenSIVe
knowedge of Ihe proceul'S ,n",olved .n Ihe work which IS KQulred
Ihrough on'lhe'lou ualnlng. uper lence, through .pprentu:eshlp Or
olher lormal training prOl)r.1ms.
'nclud~'S me..h:tnu:'S i1nd repa.rmen, eleettlt:I'"', he"V
eU\.lIpmenl opera lars, SI,JI,on;)rv engineers. skilled m.chln,,,
OC:Cup.llons, C,Jrpenten, and compositors .nd typesel1ers, Ind
k.ndred worker$.
Op,rati",e IS'mlslcill~): Occu~llons in which workers Ir.
p..-Ilv skilled, or dOlnC] manual work thll requites only limited
tt..nmg, e.peflence or knowledge.
Labor~rs lUftlJlllledl: OccuPltlons In Wl'lICI'I a worker Dt'fgrr-s
a ""flelY of m.anual wOrk In 11'1' m,lntenance. rep.., and
construCl10n of I'Ilghw.ys. bUildings, ana otl'll'f IIt.lllrf'!, a"
unskilled workfl' whO bflngs materi.ls la, ,nd does prtp'ratop...
wOrk for. sklllea wOrkerS In a tr.dl.
Service Wol1l.....l: OCcuPltlons in wtllch work~S pedorlT' oj....lle\
whICh result In or contribute to the comfon. ton",en"nc, ....OtcUp
,nd CiM" of bUI1dln9'. f,ctlitles or grounds of publiC progeny
Workers in thIS 9'ouP may optra,e mlchln~v
lneluCln: cNuffeurs, Ilundry and dry ctuftlng OctUI,,,,es.
truck dflven, but drivers. 91rlge laborers, custodial person net
gardeners and ..oundktePlrs, refuse collectors, construCIIOn
labor~s.
II. CURRENT WORK FORCE
ThIS c:llegory is 10 eSlabllsh Ii'll' conuaclors curren I eln~lovment
Slllus.
A TOI,11 nllln[)ef of emuloyees: The Conlf'l,;lor IS to f,lI 0",1 IF'lt
10tal numwr of ~sons currently emplOyed In I'oich lob C,11CljorV
B. Black: The contrilcl0r IS to place the current numbl'f of BlaCk
employees In eICh boll. In this column far e.ch lob cal~rV.
C. HispaniC: The contrlCtor is 10 pllte the curren I nu/T'.otr of
employ"S of HlSQoIftlC Origin in each box In thiS column tOt nCh
jab category.
O. As..n or Pac:ific Islanders: The contrilctor IS to j)liCt thp
current number of employees of ,Asl.n or PacifiC Island Ot'g:n tn
uch bOll. In thiS COlumn for tlet'I job cate9O'ry.
E. American Ir:':tian or AI.sk.n N.tlve: The contractor IS to plaet
the current nulT".bet of Amtfitln : ;;i,n or Alask.n ~a1''''t
emplOyeeS In eacn bOx In this COlumn' Ir each jOb clle9QrV
F. TOIII MinOIl1Y: The number to be piKed in nch bOll In thiS
column tin be ruched by adcllno the current num~rs of EUacil..
HisoenlC, ASI.n, Pacific Islander, American Indiln, and A:askan
Native employees ""tltI.n In Ihe four prh'iOUl COlumns.
G. Total femaln' In elch box in this column the contrIC10r IS to
place the lotal number 01 whit. ,nd minoritY femalts employed In
e.ch Job category,
III. UNOERUTILIZATlON
To establish whtlher unoerutihlltion exins. a contractor s!-loula
determine whither tht "Iotal mlnotlty" percentages and "IOtai tem.lt~
percentages" In each JOb claSSlllCiJtlOn Ire lower Ihill'l would reasonaL)lv
be expected bv Ihelf ___all.blhty.
Alter Inaklnq thl' cO'"'....lson. Ihe cOnUiJCIOr ~ollld uJ'l,:t ,) d''''1o.
(J) In the hOll Ihal'UOIII'S ("yes" or "no") lOr tach call~lJO'y
IV. ANTlCIPATEO HIRING
The contractor shOuld st.le the number of emolOyell Il'le
conuactor plans to htl'e bolh IS addlllon,l emplovUs ana replaCtl'Tlents
tor IIch Job Cl1ego'y.
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94
99
C~tegory
Contractors except
constructIon
Contractors except
construction
ContraC':Ci~ except
CO!"lstrucI,or,
C.:;,~,::~ac~ors ~x;:~pt
ccnstru;:t.Cr.
Cor. :~ii-:tOrs except
cor.s\rl.ic~jcn
Constiuctlon
Co:'nractors
APPENDIX I
Principal Business Location
San Bernardino County
Goal ;l: Parity With
RiversIde. San Bernardino. Onlino
S. M. S, A.
Within Los Ar,geles, Long
Seacn. Orange and San Diego
S. M.S,A.
Local S, M. S. A.
Wit:-,.:",: Ccl;.~or:"lia. b~t r.ot
Sat', C,=:i.cO:'OliO. Orange, Los
Ang"es, Sar. DieSO S. M. S. A,
Area business located, unless
have oHices in Riverside. San
Bernardino. Ontario S. M. S. A. -
then parity same as Number 2 above.
OUg,C:i: CCi.idoi"ia
Principai plite of bUSIness
,~IJ..
:...cca; stiff parity WI:!". R;ver~:oe .
San Bernardino. O:"ltarzo .:.. ~~. S. A.
NIA
?'il,'ers;dc . Sar, BernardIno. Ontano
S, M. S. A.
GOAlS FOR WOMEN IIIi CONSHIUCTION
Or; A;:J;,: '. i', i 978. the De~irtr:"ler;t of Labor, Office ot Feceral Contract Compliance ProgrCims estc.Oi,~;:cC:
goals tor :/':~ ;'.:~tlcipat;oii of w\Jmen in the construction induury. These goalS, which shall appiy to all
work' force ieveis. categories. crafts. skiiis. and apprenticeships" are the fOllowing:
iime Frame
Goal. (in Percent)
April 1. 1978 - March 31. 1979
3,1
Aprol 1. 1979 - March 31.1980
5,0
April 1.1980 - March 31.1981
6,9
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94
99
AFFIRMATIVE ACTION POLICY FOR CONTRACTORS AND VENDORS
COa..N \':::.\->. Cor->::'\R..Vc.:.-n~ CoMPf\(\J~::t:Nc-.
N.m~ of Conrr.ctor \j
.dopts chis plan to .affirm its support of a progr.11i1 of equ.al eaployment opportunity, and to .S5Urc
cOQpli.1nce with Executive Orders 11246 and 11375, Title VII of the C1911 Rights Act of 196~ Seetlen 503 Cl
the Rehabl11t.1t~on Act o~ 197Jj the C_liforni~ Fair Employcent Pr..ct~ce Act, and the lmple~cntlng eorlcy's
Afflrnatlve ActlOn COmpl1.1nCe ProGram. Th~s contractor agrees to assert leadershlp within the co~~~nltv
,and to 'put forth good faith efforts to achieve full emploJT.lent and utilization of the co1pabilic1es .1r~
productlvity of all our cltlte!ls without re~ard to race, age, color, .sex, re1ision, anceser)", n.ation~l
ori,in, maricoll st.atus, or handlcap.
This contrac~or further recognizes tt'lat the effective acplication of , pOlicy of ecual emplovment opportunity involves more
than just. poliCY statement and Will, therefore, underuke affirmative .ction to make known mlt eQu.1 opponunltl~s are
lV.ilable on tt'll baSIS of Individual merit, and to encourage .dvancement on this basis.
The followong AHirmative Action ?rog,am is hereby establi.hed a. the policy and pro<::,ce. of our company:
Instruction.: Indicate your policv by circling the applicable lener to the left of each item below, The leners
Ire to be interpreted .s iollows:
A.. This is now.1 practice of our Company,
B. Our Company Will adopt this policy.
C. Cur Company cannot or will not adopt this policy.
If "C" is circled, explain ruson. Use separate sheet if additional space is neftied.
Circle
One
(i) 1.
B
C
tY
e
Q
Items
Cur company shall recruit and hire all employees without regard to race, .ge. color, sex. religion, ancestry,
national origin, milnt.1 stitus or hanoicap, and will treat all emclov~es eQually in resprct to compensatIon
and opportunities for .dvancement, IOc!uding upgrading .nd promotion.
Expllin "COO
2. Our comp.ny will actively use. recruitment sources such IS employment agencies, unions. Ind schools whit.'-.
have, poliCY 01 referring 'Qpticanu on I nondi5cnmin.tory basis.
B
c
Expllin "C"
B
3. Our company will disseminate its affirmative .ction pOliCY externilly by informing Jnd discussing it with all
recruitment sources. by advertISing in news media, specifically includin9 minority news medii, .nd by
nO~lfving and discussinljl the policy with ,11 10c.1 minority, handicapped and women's organiutlons and
subcontractors Ind shall maintiln records of the orgJniz:ltIOnS' responses.
c
E xpllrn "C.
'4. Our company shall make specifiC and consunt penon.l, written. .t\d oral recruitment eHons directed at all
local minority. ho1ndiupped. Ind women's organllltions. includlnC) 5chools. recruitment ,nd tril,ning
organlutions.
B
c
Prl..I.- ~E/'jZ.V\TME'-^,\
hpl.;" .e.
\." I\-\LOl ,Co \-\ --rrtE:. Ur-JtoN>
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C'rtle 9lf 99 It.ms
One
tP 5. Our company shall make specific eifens to ,ncounge pre-unl minoritY. handic,pped and women emplovees
to "crUll thelf friends ,nd,rel,uivfS whose sutus ,Iso comes under that of minority. handicapped or women.
8
A, LP~<b A':> \!-\ e Y A.(2.. to: VN~~
C E,pl.m "C"
@ 6, OUf company ~II maintain a file of the n,mes and addresses of uch minoritY IPpl ieant and female
,pplicant referred to the company fOf hlrtng. and if the ,pplicant is not considered for employment or WilS
not employed. the ccmpany's file shO\,lld document this Ind the rusons therefor.
B
C E,pl.m "C"
Q 7. Our comp.any shall notify the implementing entity Contract Compliante Offiter when the
union or unions with whom our company has a collective bargaining agreement have not
referred to the company I minority, handicapped, or fem,le worker sent for by the company
B or the company has other information that the union referral process has impeded the
company's effort to meet the established goals of affirmative action.
C E,pl.in "C"
GJ 8. Our complny will actinly take steps to inttgrltl any positions, departments or plant loeations which h,ve
no women or minOrities or are ,lmon suffed with one particular group.
B
C E"pl.m "C"
@ 9. Our company shill insure that ,11 ,mployee specifications, selection reQuirements. tests. ,nd other employee
recruitment or evaluation procedures do not discriminate against minorities, handicapped. or women.
B
C EJlp/~m .,C"
fJ 10. Where reasonable. our company shall develop or finance on.th,-job traininq opportunities Ind p,nicip.1te and
anist in Iny association or emplovee group training programs reley,nt to the comp.ny', employee needs.
e
C E 'pl.m "C"
fJ) 11. Our tomoany shall tontinually inventory and evaluate all minority. handieoolled. and female oe"onnel for
promotion opportunities ind encourage minority ind female employees to sre such opponunities.
B
C E"pl.in "C-
-
c.;,Cle 94 99 Item.
One
0 12. Our como,ny shall make sure thlt seniority practices. jOb cI.nlfic,tlons. rates of !).1Y. and other fo~ms of
comptnS:Uion, and olhrr employee practices and classifications do nOI hive .n unlawfully discrtmln,ltory
effect on hindic,pped. minority or fem.l. employees.
B
C EJlpl.in "C"
.(5J lJ. Our company will m.k.e een.lln that .1/ bcilitles normally used concurrently by .11 company ICtivilies are
nonsegregJted.
B
C EJlpl.m "C"
14 Our company shall make certain that all subcontr,cto:-s are In cornpl ianct "lth ,he
0 . AfUmativc Action COr.lpliance Plan of the lmplenentlr.g entity, .nd that .11 project
subcontractors have an approved Affirmative Action Plan.
a
c EJlpllm "C"
G 15. Our company shall solicit bids for subcontracts from minOrity suocontractors and female subcontractors
subi~ct to ,...'ILabllity.
a
c EJlpl.in "C"
(]; 16. Our comp,ny sh,1I m,ke every effort to provide after schoat. summer ,nd y,cation employment to minority
youth.,
a
5 l ) f3,-='6 c.. T TO l2..'C- G.IJ LA"\ \. oN.';l. fOIL CoN":. ,iC\Jc.;TlcN \J..lC:l(G "-
c E~p'.'-" ..C~.
@ 17. Our compiiny shall continually monitor all personnel ac t 1 vi He. to insure thAt the
i~plocoentlns ent1 ty' 5 Aifirmative Action Policy for Contr,ctors .nd Vendors is carried
out.
B
C E.pl.tn "C"
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.Qf2...~\De:~
Till.
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99
CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS
(Applicable to Federally assisted construction contracts
and related subcontracts exceeding $100,000)
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During the performance of this contract, the contractor and all
subcontractors shall comply with the requirements of the Clean Air Act,
as amended, 42 USC 1857 et seq., the Federal Water Pollution Control Act,
as amended, 33 USC 1251 et seq., and the regulations of the Environmental
Protection Agency with respect thereto, at 40 CFR Part 15, as amended, ~
Executive Order 11738.
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In addition to the foregoing requirements, all nonexempt contractors
and subcontractors shall furnish to the owner, the following:
(1) A stipulation by the Contractor or subcontractors, that any facility
to be utilized in the performance of any nonexempt contract or
subcontract, is not listed on the List of Violating Facilities issued
by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20.
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(2) Agreement by the contractor to comply with all the requirements of
Section 114 of the Clean Air Act, as amended, (42 USC l857c-8) and
Section 308 of the Federal Water Pollution Control Act, as amended,
(33 USC 1318) relating to inspection, monitoring, entry, reports and
information, as well as all other requirements specified in said
Section 114 and Section 308, and all regulations and guidelines issued
thereunder.
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(3) A stipulation that as a condition for the award of the contract,
prompt notice will be given of any notification received from the
Director, Office of Federal Activities, EPA, indicating that a
facility utilized, or to be utilized for the contract, is under
consideration to be listed on the EPA List of Violating Facilities.
(4) Agreement by the Contractor that he will include, or cause to be
included, the criteria and requirements in paragraph (1) through (4)
of this section in every nonexempt subcontract and requiring that
.the Contractor will take such action as the Government may direct
as a means of enforcing such provisions.
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1 certify that 1 have read the Certification of Compliance with Air and
Water Acts, and agree to comply with the provisions contained therein.
e~L../
~
Date
lO(2..t->\<,,\,\ C ON~\i..\Jc.."'T'\er-.J C ~~c.....-
Company Name
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0'. (), ~~ sS,9
Address
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\3-, \c,om N~..,-oN / CA <1.TIl (,0
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94
99
FORM OF PERFORMANCE
BOND NO. 5784432
PREMIUM $2,277.00
BOND
EXECUTED IN SIX COUNTERPARTS
KNOW ALL MEN BY THESE PRESENTS: That we CORNISH CONSTRUCTION
COMPANY, INC. a CALIFORNIA CORPORATION
here 1 na fter c a 11 ed " P r in c 1 pa 1 " a ndSAFECO INST.JRAN;E CXM'ANY OF AMERICAS ta te 0 f
WASHINGTON herei nafter ca 11 ed the "Surety", are
hel d and fl rml y bound unto CITY OF SAN BERNARDINO
o f SAN BERNARDINO. CALIFORNIA ,
hereinafter called "Owner" in the penal sum of
ONE HUNDRED NINETY-EIGHT THOUSAND AND 00/ I~ Doll a r s ($ 198 rm m ) i n
lawful money of these 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 CONDITIONS OF THIS
Principal entered into a
the day of
is hereto attached and
of:
OBLIGATION is such that Whereas, the
certa in contract wi th the owner. dated
,19 ,a copy of which
made a part hereof't'O'r the constructi on
PLAN AND SPECIAL PROVISIONS NO. 8854 FOR STORM DRAIN IMPROVEMENTS IN
RICHARDSON STREET FROM DAVIDSON STREET TO MISSION-ZANJA CHANNEL
NOW, THEREFORE, if the Principal shall wel,. truly and faithfully
perform its duties. all the undertakings, covenants, terms,
conditions, and agreements of said contract during the original
term thereof. and any extensions thereof which may be granted by
the Owner, wi th or wi thout noti ce to the Surety, and if he shall
satisfy all claims and demands incurred under such contract. and
shan fully indemnify and save harmless the Owner from all costs
and damages which it may suffer by reason of failure to do so,
and shall reimburse and repay the Owner all outlay and expense
which the owner may incur in making good any default, then this
obligation shall be void; otherwise, to remain in full force and
effect.
PROVIDED, FURTHER that 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 accompany-
ing the same shall in anywise affect its obligation 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.
PROVIDED, FURTHER, that no final settlement
the Contractor shall abridge the right
hereunder, whose claim may be unsatisfied.
between the Owner and
of any beneficiary
';ALlFORNIA ALL,PURPOSE ACKNOWLEDGMENT
State of
CAL IFORllIA
}
m
RIVERSIDE
.'.?unty of
APR 2 2 1994
before me,
LYNH HOLMES, NOTARY PUBLIC
NAME, TITLE OF OFFICER E G "JANE DOE. NOTARY PUBLIC"
z..;n
m
DATE
personally appeared
ELKE H. HAGEN
NAME(SI OF $IGNEA(SJ
Pl Q!l personally known to me ' OR ' 0 proved to me on the basis of satisfactory evidence
III to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/sne/they executed
the same In his/her/their authorized
~ L ft.,F:l HOL-M"'CS ~ capacity(ies), and that by his/her/their
Comm. #946708 Q signature(s) on the instrument the person(s),
NOT""V PUBLIC CALIFOANOAt) or the entity upon behalf of which the
~~... ... person(s) acted, executed the instrument.
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WITNESS my hand and official seal.
~~~
( SIGNATURE Of NOTARY
OPTIONAL SECTION
TITLE OR TYPE OF OOCUMENT
NUMBER OF PAGES
~
. ~.
1 HIS CERTIFICATE MUST BE ATTACHED TO
~'<I~ DOCUMENT OESCRIBED AT RIGHT:
DATE OF DOCUMENT
,
T t10ugn lhe data requesled here IS not reqUIred bV law,
II could prevent fraudulent reattachment at this form
SIGNERIS) OTHER THAN NAMEO ABOVE
- OPTIONAL SECTION-
CAPACITY CLAIMED BY SIGNER
Though staIuIe does not require the Nclary 10
till in the data below. doing so may prove
Invaluatlle to persons relying on fhe dOcument
o INDIVIDUAL
o CORPORATE OFFICERIS)
TlTLE(Sl
o PARTNER(S) 0 LIMITED
o GENERAL
o ATTORNEY-IN,FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER
SIGNER IS REPRESENTING:
NAME Of PERSONI$) OR ENTITY(IESI
ALL-pur!:,!> ~~~:~~~L~~~ME~~ : : : : : :
t<<C
::::::::::::: ~ ::::::
!:::=::~~~~~====~====~==:=====:= -===~ ~::
CAPACITY CLAIMED BY SIGNEP
_v ~Q~
~ EHTtTYlIESI~SEHTEO
Signature
::::: :"::",:a"::Laei2:.::"::2:"c::::::::"::'
o NAlOW.N:)TAR'f ASSOCIAT1ON-8236RemmetIw..PO. Box 7184-CIrlogaPllrk,CA 91.Di
State of CALIFORNIA }
County of RIVERSIDE
LI \ - - \ 0 lJ NOTARY PUBLIC
On ~beforeme, KAREN L. ORTIZ, (name,titleofofficer),
personally appeared ROBERT L. CORNISH
JiiI. personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl-
edged to me that he/she/they executed the same in his/her/their authorized capacity(ies). and
that by his/herltheir signature(s) on the instrument the person(s). or the entity upon behalf of
which the person(s) acted, executed the
instrument.
OFFICIAL SEAL
KAREN L. ORTIZ
Notory Pubnc-Califarnla
RMRSlDE COUNlY
My Commission Expires
'. Deeembet' 2. 1994
WITNESS my hand and official seal.
: ::: :::::::: :
~: = = = ~ ~ =
o H>MDlJAl(SjSIGNWG FOR OIEgeU'mlEVSEtVES
"""""''' PRESIDENT &c:ry
QFFICEAlSI mtE(S1 I
CORNISH CONSTRUCTION CO
"""-
OPAATlll'R(S}
PAATNE~
OATTOfWEY~
"'''''
PRN;I'Al(St
OfAUSTEElSl
TA""
OOTHEA
mu,<"
nn""
EHTllYllESIAEPl'lESEHTeO
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94 99
IN WITNESS WHEREOF,
counterparts, each one
the 22ND day 0 f
this instrU;;J2nt is executed in six (6)
of which shall be deemed an original, this'
APRIL 19 ....2L .
~T~'
Prl nc 1 pa I ecretary-
(SEAL)
.
Witness as to Prlncipal
(Address)
ATTEST:
(Surety) Secretary
(S EA L)
Witness as to Surety
(Address)
CORNISH CONSTRUCTION COMPANY TNC,
Principal
BY~7Y--~
P.O. BOX 359, BLOOMINGTON, CALIFORNIA 92316
(Address)
SAFECO INSURANCE COMPANY OF AMERICA
Surety
By
ELKE H. HAGEN
P.O. BOX C-25150, SANTA ANA, CALIFORNIA 92799
Address
NOTE:
Date of Bond must not be prior to date of Contract.
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9~{ECU~~ IN SIX COUNTERPARTS
BOND NO. 5784432
PREMIUM -NIL-
FORM OF LABOR AND MATERIALS BOND
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KNOW ALL MEN BY THESE PRESENTS: That we CORNISH CONSTRUCTION COMPANY, INC.
a CALIFORNIA CORPORATION
hereinafter called "Principal" and * SEE BELOW State of
WASHINGTON hereinafter called the "Surety", a're he Id
firmly bound unto CITY OF SAN BERNARDINO ' hereinafter
called "Owner", in the penal sum of ONE HUNDRED NINETY-EIGHT THOUSAND
AND NO/IOO--- Dollars ($ 198.000.00 ) in lawful money of these
Unit,d 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.
* SAFECO INSURANCE COMPANY OF AMERICA
THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal
entered into a certain contract with the Owner, dated the
day of ' 19 , a copy of which is hereto attached
and made a part hereof for the construction of:
PLAN AND SPECIAL PROVISIONS NO. 8854 FOR STORM DRAIN IMPROVEMENTS
IN RICHARDSON STREET FROM DAVIDSON STREET TO MISSION-ZANJA CHANNEL
NOW, THEREFORE, if the Principal shall promptly make payment to all
persons, firms, subcontractors, and corporations furnishing materials
for or performing labor in the prosecution of the work provided for in
such contract, and any authorized extension or modification thereof,
including all amounts due for materials, lubricants, oil, gasoline,
coal and coke, repairs on machines, equipment and tools, consumed or
used in connection with the construction of such work, and all
insurance premiums on said work. and for all labor, performed in such
work whether by subcontractor or otherwise. then this obligation shall
be void; otherwise to remain in full force and effect.
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PROVIDED, FURTHER. that 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 anywise
affect its obligation 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.
PROVIDED, FURTHER, that no final settlement between the Owner and the
Contractor shall abridge the right of any beneficiary hereunder. whose
claim may be unsatisfied.
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94 99
. (6) counterparts,
executed in SlX 22ND day of
ent is his the
WHEREOF, this instrumd an original, t
IN WITNESSf which shall be deeme
each one 0 19 94
APRIL
ATTEST:
CORNISH
CONSTRUCTION
Principal
COMPANY, INC.
(SEAL)
I ALL-PURPOSE ACKNOWLEDGMENT
1 County of RIVERSIDE
On ~2.'8}9Y
1 personally appeared ROBERT L. CORNISH
~ personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl-
edged to me that he/she/they executed the same in his/her/their authorized capacitY(ies), and
that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the
instrument.
State of
CALIFORNIA
~/~-~
By N CALIFORNIA
' BOX 359, BLOOMINGTO ,
p_o_ . _. _..)
92316
}
"""
CAPACITY CLAIMED BY SIGNER
NOTARY PUBLIC
before me, KAREN L. ORTIZ, (name, title of officer),
OFFICIAL SEAL
KAREN L. ORTIZ
Notory Public-California
RIVERSIDE COUNTY
My Commission Expires
December 2. 1994
i
_cr:;;;~~ -.::;~.: "'NOTARY PUBLJC CALlFORNIA\!J
~ IIIIl&A8loe COUNTY 0
' Comm. ~Oot. 31, 1095 oJ,
CERTIFICATE MUST ~~ AA'7~~GH~~ TO
TH DOCUMENT DESCRI
. - d here IS n01 required by law,
Though the data requeste attachment of this form
11 could prevent fraudulent ra
o INOIVIOlJM1SISIGNlNGFOROOESfLF/TI-E"'SElVES
CORPORATE
OFFICER(S)
CORNISH CONSTRUCTION CO
"""'''''
OPAATNfR(SJ
PARTNERSHIp
OATTQANfY-
1N-f,l,(:1
WITNESS my hand and official seal.
PA~IPAL(SI
OTAUSTEE1Sl
mUST
DomER
TIHE(SI
~;"~~;~
e NATlONAL ""TARY ASSOaAllON. B2:l6 _'.... . Po .... "84. ""'- """. CA 9'3J4,,"
TlTlE(SI
ENT1iY(IESJRfPAESENTEO
ENTfNrIES)AE~ES€NTED
.... ...- teOtne Ul:)uull'""".
person(s) acted, execu
WITNESS my hand and official seal.
~ . Jw.vI~
SIGNATURE OF NOTARY
'- OPTIONAL SECTION
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
SIGNER(S) OTHER THAN NAMEO ABOVE
SIGNER IS Rtl'Htlltn IInu.
NAME OF- PERSON(S) OR ENTITY(IES)
DATE OF DOCUMENT
1 94
($]'
I BAFEcae>
99
POWER
OF ATTORNEY
SAFeco INSURANCE COMPANY OF A~RICA
GENERAL INSURANCE COMPANY OF A~RICA
HOME OFFICE: SAFECO PLAZA
SEATTL.E. WASHINGTON 8"'5
1
No.
9252
KNOW AU BY THESE PRESENTS:
1
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, .ach a Washinglon
corporation. does .ach her.by appoint
............................ELKE H. HAGEN, Riverside, Cal iforni8...............................
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its true and lawful attorney(s)-in-fact. with full authority to execute on its behalf fidelity and surety bonds or undertakings and other
docunents of a similar character issued in the course of its business. and to bind the respective canpany thereby.
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IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have .ach
executed and attested these presents
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this
4th
day of
January
19 93 .
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CERTIFICATE
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Extract frern the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
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"Article V. Section 13. - FOEllTY AND SURETY BCNOS . . . the President. any Vice President. the Secretary. and 'M'Pf Assistant Vice
President appointed for that p.spose by the officer in charge of surety operations. shall each haYe authority to appoint inc:ividuals as
attorneyS-in-fact or under other appropriate titles with authority to execute on behalf of the ccmpany fideUty and sl.l'ety bonds and
other doclJTlents of Similar character issued by the canpany in the cOllse of its business . . . c:Kl any instrlJ'T\8nt making or evidencing
such appointment. the signat......s may be affixed by facsimil.. On ..., instnmont conf.rring such aulhority or on ..., bond or undertaking
of the ccmpany. the seal. or a facsimile thereof. ma.j be impressed or affixed or in any other manner reproduced: provided. however.
that the seal shall not be necessary to the validity of any such instnrnent or undertaking."
Extract frern a R.solution of the Board of Dir.ctors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopt.d JUy 2B. 1970.
"On a", c.rtificat. .x.cut.d by the Secr.tary or an assistant s.cr.tary of the Ccmp..., setting out.
(j) The prOVisions of Article V. Section 13 of the By-Laws. and
(iil A cor>! of the power-of 'attorney appointment. .xecuted pursuant ther.to. and
(iii) Certifying that said power-of-attorney appointment is in full force and effect.
the signature of the certifying officer ~ be by facsimile. and the seal of the Ccmpany ma.j be a facsimile thereof."
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I. R. A. Pi.rson. Secr.tary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,
do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Oirectors of these corporations. and
of a Power of Attorney issued pursuant thereto. are true and correct. and that both the By-Laws. the Resofution and the Power of
Attorney are still in full force and effect.
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IN WITNESS WHEREOF, I have her.unto s.t rT>/ hand and affix.d the facsimil. s.a1 of said corporation
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this
22ND
day of
APRIL
19~.
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s-sn./EP 1/83
CI) Registered trll<lemarlC of SAFECO Corporation.
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94 99
II
LAB 0 R S TAN D A R D SAN D PRO V I S ION S
I Federal Labor Standards Provisions
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94
99
ppic.o-'
I The PTQIfIM:t Of Program 10 wnlch the construction work covered by tI'\tS
contraCt petUlnl is being 11SlS1ed by the United Slates of America and tne
totlow'lng Federal Ubor Stand.rda P,OYislOn, ar. included In d'lis Contract
I pursuant t:) the prOVisions apphcable 10 such Federal assistance.
A. 1. (Q Minimum WlgeI. AIII.bOretS and mecnantcs .m~oyed or wor1f..
lng upon #'\e Site of tt'le work (or under tt'le UnIted States HOUSIng Act of
1937 0Il#'ldef' the Housing Act of '949 In the conlvucuon or development
1 of thI pro,ed). will be paid uncondi1Jonally and nolless often than once ·
_ and witIlout subsequent dedUC1>Ol\ Of r_'e on Iny Iccount (I.cept
sUCII poyroll deduClJons .. Ire pennrtted by regU'".onS ISSUed by tile
SecmotY 01 labOr undlr tile Copeland Act 129 CFR PlrI 31. tile lull Imounl
1 of __ and bona fide lnnge ben_ (Of cash lQu..llenlS tIlereo~ due II
time 01 payment computed at rates not less than those contained in the
wage _ination of tile Secretary of labO< which's """cheel hereto Ind
maoe . part hereof. regardless of any contracturll relabonship which nwy
I be aneg.d to exist between 1M contractor and auch labOrers and
mecnarucs. Contributions made or costs reasonably anticipated tor bona
fide fringe _IS under 5ecUon I(1)K2l of tile Oe",s-Bacon Act on behalf
of laborerS or mechanics are considered wages paid to suCh labOrers or
mecNnoes.sub!lClto tile provo..ons of 29 CFR'5.5(IK1M'.); also, regular
comnbut:OnS made or costs incurred tor more than a weekly period (but
not ... often U'\an QuanertYI under plans. funds. or programs. .ruch cover
the DaI1IcuLar weekly pertod. are deemed to be construCtIvely made or
incurred during such weekly penod.
Such $a:xH'ers and mechaniCS shall be paid the appropriate wage rate
and tnno- benefits on tne wage determination for the classificatiOn of work
ac:tuaJty per1ormed, WIU'\OUt regard to Skill. except as prOVided in 29 CFR
Pan 5.5<81(01). labOrers or mechaniCS performing work In mote tnan one
lS$lfic;atlon may be compensated at tne ra1e specified for each clUSmca-
,on lor _ time ectullly worlleel _..n: Prov,de<l. Thot tile employer's poy-
rolll'llCOf'dS accurately set forth the lIme spen11n each classificatiOfl In
when wont is perlOf'med. The wage detemunation (including any additional
classlfiCation and wlge r3teS con_ undlr 29 CFR P.... 5.5(IK1)(i;) Ind
tile Oe\llS-Bacon pooler (WH-13211 sltllI be posted It III times by tile con-
traC10t ard its subeOntractOB at the SIte of U'Ie work In a prominent and
Iccessdlill. place wnere " can be ....ty _n by tile ---
(i) (a) Arty class at labOr81's or mecnanlCS whid'l is n011isted in the
wage ~ination and wrllcn is 10 be employed under 1ne contract shall
be cias.sr6Ild in conformance wl1h the wage de1emunattOn. HUD shall
apptO\'e an aochbonal classlficabon and wag. rate and fringe benefi1S
therefore only when the fOllOWing cllterta nave been met
111 The __ fO be perlormed by tile c1a...fication requested is "'"
......1\". mea by a clUSifi~bon In 1he wage determination; and
(2) The classification IS utihled in the area by the constNctton
indUSlfy. and
(3) The proposed wage ra1e. including any bona fide fringe bene-
fits. beatS . reasonable relabOnShip to tne wage rates conUuned in the
wage ctetermination.
(b) If 1he contraC1Of' and the laborers and mechaniCS to be employecf
in the daSSifieatlon (If known). Of' their representatives. and HUD or ItS
destgnee agree on U'te claSSification and wage rate (induding the amount
des.gna18d tor fringe benefits where appropnate). a repen at the aetton
taken snatl be sent by HUD or its designee to 1he Administrator ot the Wage
ana Hour Otvi"on, Employment Standards Admlnls1ratlon. U.S. Department
of ubOf. Washington. D.C. 20210. The Administrator. or an authorized
reptesenliltlve. will approve. modIfy. or disapprove ~ additional c!aSSlfi-
catton aCDon within 30 dilys of receipt and so advtse HUO or its deStgnee
or W\l1 notJty HUD or itS de5<lgnee Within the 3O-day perIOd that additiOnal
"".. _ry. (Appr""'" by 1he Oltice of Management and Budge!
... OMS control number 1215-0'.0,)
leI In tile _I tile contractor. 1he laborerS Of mecnanlCS to be
em~ in Ihe classifiCation or their representativeS. and HUD or rII
d_'- do "'" Igree on 1he proposed _cation Ind wage ra..
~ndudinll ... amount d...gNlleCllor lnnge - _e appropnal.~
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Pfwviow Edition il Oblol.te
U.S, Depo_ aI HouIln9
and Urban Oreof"ap'Mftl
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HUD or 115 dftjgnM shall reler tM QUestKJnS. inCluding tne Views of all
interested pames and 1he rec.ommendaoon of HUD Of 11$ deSignee. 10 tne
Admlnlstra10r tot' determlnaoon. The Adm.nlstr.tor. or .n au1honzed repre.
HfI\atllle. will Issue a de1.tI'mlNl1l0n wJtt\.n 30 days ot reeelpl Ind so aCSvlse
HUO or Its deslgl"ee or *,111 notify HUe or ItS deSignee wtthln tne 3O-OIy
period Uiat additional time IS necessary. ~roved by the Otlice of Man.
Igement and Budget under OMB Control Number 1215-01.0.)
(d) The wage rate (induding tri"98 benefits w!'\ere appropnltel
doterm,ned pur$UAn'to SU_agrapns 11)(1)) Of lc) of tn,s perlgrapn. sltllI
be paid 10 all wOf1il.ers per10nNng work in ~ claSSIfication under thiS con-
traC1 from the firs1 day on wnech work i. performed In 1he ClaSSIfication.
(W) Whenever 1he mimmum wage me prescribed in the contract tor a
class ot taborers or mechaNCI inCludes a fringe benefit which IS not
e.pressed .. In nourty .... ... con_ sltllI _ poy tile benefil ..
stated in the w.ge oetem1lnaon Of' sha" pay another bona fioe tnnge
benefit or an hourly cash ecwrvalent thereof.
(Iv) " tne contrlctOl' cso. not mal<e poymenll to I trustee Of otner tII,rd
person. the contractor may conatder as part of the wages of any labOrer or
mecl'\anlC the amoun1 of any costs ....sonably anbclpated in provIOlng
bona tide lnnge beneiitS under I plan Of program, Provode<l. TIll' the
Secretary of LabOr hIS lounG. upon tile _ requeat 01 tile contrldOf.
""" tile IPpliCable standardS of tile Oe\lll-Bacon Act hove been met. Tile
Secretary of L.abOr may reouire the contractOr to set ~de in a separate
account assetS tor the meeting of obIigabOnS undef' the plan or program.
(Approved by tile Of[,ce of Mlnagemenllnd Budget under OMB ContrOl
Number 1215,01.0,)
2. Withholding. HUe or ill designee shall upon itS own acbon or upon
written reQuest Of an autnom:ed representative of the Department of labOr
wlthhotd or cause 10 be wrl\neld trom the contraClOJ' under thiS contraC1 or
any other Federal contraC1 wdtI tne ume prune contractor. or any other
Fed....lly..S&lsted cof'ltraC1 subJeCt to [)a"-Bacon prevailing wage
requirements. whictt is !\lid by the same pnme contractor so muCh of 1M
ICcrued poyments Of advlnces .. may be conIlder'" nec....ry to poy
laborers and mecnanicS. tnch.tdlng apprentiCeS. 1rainees and I'\etpers.
emptoyed by the contractor or any subCOntractor the full amoun1 of wages
reqUired by .... contract. In the event of tailure to pay any laborer or
mechanic. including any apprentice. trIIinee or helper. employed or wof1(lng
on tile ..te of tile wort< (Of undertne Un"'" States Hou..ng Ad of 1937 Of
under tile Housing Act of 19019 ,n tile ConatruCtlon Of developmenl of tile
prOllC1l. III Of perl of tile wages rlQu,,'" by tile contrael. HUO Of ... -.g-
nee may. .fter wtitten nottce to the contraCtOr. sponsor. appbcant or owner.
take such aC1tOn .. may be necessary to cause the suspension ot any
furtl'lef' payment advance. Of' guarantee of funds untillucn violations Mile
ceased. MUO or itS destgnee may. after wriUen notice 10 the con1raC1Dr. dis.
burse such amountS withheld lor and on accoun1 of the con1raC\Of or sub.
contractor to the respecbve employ" 10 whom they are due. The ComP-
troller General shall make such disbursements in the case of direct
DaVIS-Bacon Act conV'ada.
3, (I) Plyooh Ind _ ___ Plyrolls and blsoc records r""Ong
thereto shall be maln1alned by the contractof' during tne course Of tne *'ork
preserved tor a period of ltne yea" 1tleruftlr tor all labOrers and
mechantCS working a1 the ... of tne work (Of' under tne Uni1eC1 Slates
HOUSIng Act of 1937. or undef' the HouSIng Act or 1949. in the constr'VCbOtl
or development ot the proteCl). Suc.h records snail contain the name.
aadrea. and ~I security number Of uen SUCh worker. his or her cor-
rect classilication. hourty rates Of wages paid (incluchng rates of con1f1bu.
bons or costs anticlp,l1ed lor tlOnI fide Innge benetlts or casn eqUivalents
tllereol of1he types cleSCnbed '" Soe1ion '(I)K2KBl of tile OI"'S-b.'Con Act).
dally and weekly number 01 houn worked. deductions made and aCfU.11
Wlges pood. __tne Secretary of labO< naslound under 29 CFR 5.5
(aM1 Mrv) 1I\IIt the wages of any .borer or mechanic Include the amount of
any costs reasonabty antieipated in prOYiding benefits under a plan Of' pro--
grIm cleSCnbed in _ 1(1))(2)(8) of tile Oellil-Bacon Act. the connctOl'
slIaIl mai_n records _.,.,., "",t tile comm,tmlnt to prO\llde such
HUO..010 (2-8<1'
IHB '344,11
I 94 -99
benlII"S it .-.torc..b6e, that 1M ~n 01 program it financ:..My responSlbte.
and IWt .. plan Of program t\al been communlC8teCl in wm.ng 10 -
....... or mecna""" aftOC1Od. IncI rocOfdI wNCn sno.. ",. COSIO InllCO'
.., Oil N .ewel cost tnCuned 1ft providing suen benetlll. ContractOfl
'~ ape;:lfentlCeS Of "IIMIS under approved prOGram, ahall tnIIlnlain
,.,. ~ ol1:he reglln.on of IPptenticeshlp programs and cel"llfi-
... ~ ...nee pt'OQ'ams, the ~ISt1.bOn of the apprentices and VI'neft,
~ 1M rabOa and wage rates prescflbed 11'1 "'IPphGlble program..
(Apptoved l>y ",. 011,,,,, 01 Managemen' .,., IIuclgeI under OMS Control
_'2'5~1~end 1215-0017,)
. (I) (a) The _"'C1D< shIIll subln,t ..oekIy lor ..en ..Hk ,n ..nocn any
~ _ .. perlofl,,"d I cOllY of III peyrolls to HUe", .. oa.g_ d
tho agency .. I perly '" ",. tc>ntrlCl. but .. ",. agency .. not IUCII I perly.
tho c:cn_ will subln.",. peyrolls "'",. apptocan~ span..,r. '" ow_,
I tho ..... may be. lor Itan,",'ssoon '" HUe or ita d..'g- Tne payrolls
bmIaecl _II MI out IccuralOly Ind CCIIIlPIoI8ly III dl IIle ,nl",ma_
requited .. be ma,nta,nad u-. 29 CFR PlrI 5.5(IX3Xi). Tn.. ,ntorma_on
E IUllmdlad on Iny form deIlred. Optional Form WH.)l7 il ava.lable
"" ~ and may be purcnased ~om ",. Supenntendent 01 Oocu'
IF_al Stock Number 029.005.0001..1~ U.S. GOYImmenl Plln_ng
0IIiCe. Wuhlngton. DC. 2OolO2. The primo eon...ctor .. reSPOrlS,ble tor ",.
S. cI e"",", 01 payrollS by all subConlraCfOB. (Approved by tile
01 Management and Budget uncler OMS Con..oI Number
1!>-O1"~
Clll EaCII payroll subln","" shlllI be Iccompan,ad by a -Statement 01
E.ance... SIgned by the conv.ctOt' or subcontractor Dr I'u, Of her agent
no pays or IUpetVlS8S She payml"' of the persons employed under 1he
and shIIll C8rlily tile IOllow,ng:
(') Thet",. payroll tor",. payroll penod eonta,ns IIle intormalion
F. ed to be ma.n..._ u-. 29 CFR p.arl5,5 (a.X3Xil and lIlat suCII
tonnaoon ill COrTect and ~
(2) That eacn laborer or meCllanoc (oncIud,ng eaen nelpe<.
apptentice. and ...,neel employed 00'\ tile _Itlet durong ",. payroll penod
~ been puS tree fun weekjy wag. urned, wdt\Qut rebate, eithel diredty
indirectly, and that no deductIOns have been made either dlrecUy Of indi-
:1Iy from N lull ..Iges urnad. ""'"' lIlan perm,ssaCle daductlons .. MI
.OfIh '" 2ll CFR Plrl3:
Ia) Tha' uen labOrer or mocnanoc has been pa,d not lesS ""'" tile
apphcab'e wlge ratellnd fringe ~ Of cash equivalents tor 1M c&as-
&;.;._ 01 wort< portormod. .. specffied ,n tile appl,.:aCle ..age deII,..na.
110ft __ate<l 01\'" tile contrac:l.
I . Cc) The weekly submlsstOn of a property exec..ned cenafleabOn Nt
IottI\ on tile reverse s,,'e 01 OOOONI Form WH.)l7 snail ...sty",.
requ.,emenllor submiSSIon of N ..Statement 04 Comphance" reqUired by
paragrapll A.3.(liKbl 01 Ill,s secllon.
t: (II) The "Isilica""n 01 any olllle .- ee",roca""ns may subioct tile
tractor or subContraC1Of to eMI or cramlnal prosecution under SectiOn
1/lO1 01 Tille 18 and Soc",," 231 01 T,1le 31 01 tile Un.tad Sta." Code,
CIi) The convactor or wbeOn"act.or st\aIl make Ihe r8COf'ds required
IUnder paragrapn A.3~i).ot trill se<:'Llon. .V.I~tMe tor InsptCUon. cop. y,n. g, or
.Inacllpbon by authOnZed representatives of HUe or dS deSign.. or the
Deprarvnent of u;bOf. and snail perini! such represenlatlvn 10 InleM8W
empoyees dunn; working hOurs Qf"l1tle JOb. "the eonuactor or subcon-
Ilraaor lails to submd the reQuired records or 10 make them avadatHe, HUO
t:K lIS aesevnee may, afte, wrltle" notice to 1he contractOr, SpotlSOf. appli-
cant. 01 owner, \lke such aC1lon as may be necessary to cause 1N SUI"
pensM:In of any tut1her payment. advance, or guarantee 01 lundS. Ful1hef-
I more, tailure to submrl1ne reQulled records upon request or to make sucn
recordS avadatHe may be grounds tor debarment aC\lon pursuant 10 29
CFR P.rI 5.12.
.. (1) A_tiCIII and Tr.i-. Apprentices. Apprentices ..ill be pe<'
I mined to won al tess than the predetermIned rate lor the work they per..
formed when they are employed pursuanllO and individually registered In a
bona ide IpprenbceshlP program registered with the U.S. Depanment of
. .bOI, Empk)ymenl and Training Administration. Bureau of ApprentiCeship
I ~ Trainang. or ""'" a Stale ApprentoceSll'p Agency recogn,zed by \Ill
.....,.u, Of _ I person IS employed In his 01 her fitst BOdaY' of probauonaty
empIo,menl as an apprentice In such an apprenttcesl'\ip program. whO ia
nol individually regil'ered '" the program, but. whO hal been cel1lf.ed by the
I Buruu of Apptentlcestup and Training or I State Appte"uc:esNP Agency
(..-. _oprIIle) 10 be el'lliblo lor pr_.onary _ploymenl .. an
apprenttce. The ano.a.. rno 04 apprentiCM 10 joume,"* I on .... fOb ....
on any craft elasa<tlca_ _ no< be g_1er 1I\In \Ill raeo permotted '" ...
convKlOr a. to .... entire work toree undlt' the reglllered program Arry
WOI'Ur aWd on a PlyroU al an apprentice .age rata, whO it not re;l.red
()( 0Cherw1" emptOyed I' SUIted abOve. shad be patd not leU l\an ..
IpplQbAI wage ra.. on Itle wage determInatIOn lot ... ctaUl"cahon of
won. actullty pertormed. an addition, any apprentice per1onnlno wor.. on
tne fOb .... It! e..cess ot .... rattO penTufted under N r8glsterlCl program
snaIl be PI.ct noIleU tt\an Ihe applicable wage rite on the .age deI.Irmt-
natIOn tot 1he work actually performed. Wher. a contractor i, perfonnlnQ
conltrUC'bOn on a proteCt II' a ~Iity other 1I'\In hi in whu:1'\ .. progrlm .
reg,_ed. ",. ra_"" ..age r.... (expruaed ,n pe<eentagea of tile lour.
neyman', hourty rale) specrfllld in ItMI contrac1Or's Of subcontractor'l regl'.
1ered program nil be cb..rwd. Every IpprenctiGe musl be paid al noI
Ina ""'" tho rate apecltIId on the reg..tared program lor tile appre_.'.
_ 01 progr-. ..pt....., .. . percentage 01 tile IOUrneymen hourly rale
_fled ,n tho .pphcabie ..age de'erm,na_on, Apprentices shlllI be palll
fringe benefits ." accorcsance wllh the prOVISionS of the apprentlceSl1tp
progr.m. " tho approntiClllllip program _ not speedy Innge beneftta,
IpprontiClll must be paicltlle \)11 amount 01 ~inge bonIfill liS1e<l on IhI
wage determination tot OW appIic:ab61 clUSificabon. tt the AdminIStrator
detenmnea thai a difler8ft1 practJCe prevails tor the appIicabil apprentice
ctauaftcabOft. fringes snatl be paid In accordance With thai delemunabOl\. In
lIle .....1 tile Bureau 01 Appran1OC8lhip .,., Tra'nlrlg, or a SliIIe Appren-
ticeshop Agency racogniZed l>y tho Bur..u. ..,thd..... .pproval 01 an
apprenbCeShip program, '" contractor will no lOnger be pemufted 10 utilize
apprentices al leu lllan tile apptocable prlldeterm.nad rate tor IhI ..or1l
performed un.1 an accepllble program II _-
(i) T..-, Except.. providId in 2ll CFR 5.18. _ ..ill not be
perm,tied to work al leu ""'" tho pr_terminad ..te tor",. ..or1l pe<.
_ unleu they ara _pIoyeCl pursuant .. .nd inclMdual1y registered in
I program whicn nas __ pnor _oval. evidanCad by tormal cer1lfi-
ca_ by tho U,s. Department 01 L.abOr. Employmen1"" Tr..nong Ad""""
S1ration. The raeo 01......- III journeyman 00'\ tho job site shlllI not be
grutar ""'" permi1llld unclar tho plan approved by tile Employment .,.,
Training AdminiStration. Every ..aiMe must be paid at not: ... than the rate
specdIecl in tho .ppr....., program lor tho ...,_'. _ 01 progr....
e.pressed as . pe<cantage 01 tho JOUmeyman hourly .... spec:ffiecl in tile
applicaCle ..age dl1......nation. Tra'nees snail be palllfringe _tits on
acc:ordInca ..oth tile prlMllOfta 01 tho ...,_ prog..m. " tile .....n.. pro-
gram _ no< mention Innge benefi.... .....nees shlllI be palll tile lull
amount of tringe benefits listed on the wage detamunation un'" ""
AdtTllniltratof of .. Wage and Hour Oivir.ton del8fminel thai there - an
apprentlcash'P program asaoc:..tecl ..oth the correspond'ng JOUrneyman
wage rate on ItIe w. determlnatlOn wt'UC1'\ prow:IeS tor lesS d'\an tuft
Inngo bIneti1s lor .ppron_cas. Any amployee .steel 00'\ ",. payroll at a
trainee rale who is not registered and par1lCipating in . trainIng plan
apptov<<S by the EmpfOymW1t and Training Administration anal! be paid not
less thin the applicabfe wage rate on the wage delermlnabon tor eN work
aC1ualty pet"lormec1ln loch1ion. any trainee performing work on ~. JOb SIte
in excess of .... ratio permlfted under the regiStered program shall be pa.d
not ... thin tt\e appllcabte wage rate on the wage determination tor 1M
work actlAlty pertormec11n .... evenl1M Employment and Trall'oung Admln-
istrabon withdraws approval at I training program. 1M contractor WIll no
longer be permItted 10 utilize trainees al leSS than the appliCatM predeter-
mined rate tor .... work pertormed until an acceptab&e program is
appr_
(IiI) Equal employment OPpoo1unily. Tn. utlhzobon oIappren.cas.
trainees and iOuf'1"leY1'M" under trill pan shall be in conforrndy With the
equal employment opponunity reQu.,ements ot Executive Order" 246. as
a""-. .nd 29 CFR P.rI>>
5. Compliance wittI CoptIand Acl requir.....n.... The _ItaC10r shlllI
comply ...IIl tile raqu"ements 01 29 CFR PII'l 3 ..nieh are oncorpora''''' by
reference If\ thiS contract.
I. Subcontr.cta.. The contractor or subCOntractor will insen In any sub..
eontraC1S tile Clauses conll,ned m 29 CFR 5.5(IX1) IIlrough (10) Ind suen
0Iher clauses u HUO or its design.. may by appropr..te inSU'UCtlons
require, and also a cSause requiting the lubC.OntractorllO include INS4I
clauses in any lower tier subCOntraC1S. The prime contractor shall be
res~b6e tor the complllftCe by any aubcOnlr8ctOr or lower lier subCon-
..aC1or wIIIl a. tho c:cn.."" Clauses on 29 CFR PII'l 5.5.
Hue~010 12,801
I 94 99
7. c-...L -. ..""..".tion; ~rlMftL A breach a' the contraC1 clauses tn
29 CFR 5..5 may be groundS tor termination of the contrael and lOt debar-
lmen! -. contraCtOr and IIUbCO".tractor as provided In 29 CFR 5.12.
.. ~'. -~. with D....lKon Ind ....ted Act Requtrementa. AU rul-
ings end .-..er'P'NbOnS olN DavII- Bacon and Related Acts contained in
'9 CFA Pans ,. 3. and S AI. herem Incorporaled by reterence In thiS
I ~~IP"'- concerning labor It.andardt. Disputes ariSing out of the labor
s&andara ptOYlSlonS 01 thiS contract 'hall not be SUbject 10 the general
diSputes dIIuse of thiS contract SuCh disPute. shall be resotved In aceor-
I dance ~ the procedures of the Department of LabOr set tortn In 29 CFR
Peru~. 6_ and 7. DiSPutes wlttun ttle meanmg of trlls clause Include dis-
putes t)ef-.-een the contractor lor any of Its subcontracto~) and HUO or rts
des.onft. U"I! U.S. Oeparvnent of LabOr, or the employees or their
I r.p'.....,;a1rYeS.
10. (I) c.tIfic:.Uon 01 ElfilblHty. By entering into thiS contract the con-
tractor ~ that nei1hef It (nor he or she) nor any person 01 firm who
has an V'IW1tSt In the contractor's firm 15 a person or firm Ineligible to be
I awarded Government contracts by vIrtue of Section 3(a) of the Davis-
Bacon Ad or 29 CFR 5.12{a)(1) or to be awarded HUD contracts or partiCI-
pate on HUO program, pursuant 10 24 CFR Part 24.
(I) No pan of this contract shall be subContracted to any person or firm
I ineli9tb1e let award of a Government contract by Ylrtue of Section 3(a) of
the c...s-Bacon "01 0< 29 CFR 5.12(a)(1) or.o be awarded HUe con"acts
or p.arIIOpme In HUe programs pUl'1uantto 24 CFR Part 24.
(ii) T'he penalty tor makIng lalse statements IS prescribed In the U.s.
I Criminal Code. 18 U.S.C. 1001. AdditIonally. U.S. Crlmnal Code. 5ectIon
1010. TrUe '8. U.S.C.. "Federal HOUSing Administration transactions". pro-
v;des In patt "Whoever. for the purpose at. . .InfluenCing In any way the
action of such Administration. . makes. unel'$ or publishes any statement,
I knOWing =-e same to be false. . . shall be fined not more tnan $5.000 or
impnsor...:: not more than two years. or both."
11. ~ints. Proceedings. or Testimony by Employees. No laborer or
mechanIC ~ whom the wage. salary, or other labor standards prOViSions of
I U'\IS Con:-ac:1 are applicable shalt be dIscharged or In any other manner
ciscnnwna'!ed against by the Con1raC10r or any subContractor because such
mployee I'\I.S tiled any complaln1 or In~i1u1ed or caused to be InStl1uted
any proceeding or has testified or IS about to teStify in any proceeding
I under Of' I'e'8bng 10 the labor standards applicable under this Contract to
hiS emptoyer'.
8 ConlrXI W"'" Hours and Saltty Slandardl "ct. .... used in '1", pora.
grapt\. ttle termS "laborers" and "mechaniCS" Include watchmen and
I guards.
(1) Owwtime l"Iquirementl. No contractor or subContractor contracting
tor any pan 01 the contract work which may reQuire or Involve the emp6oy-
ment of ~ers or meel'lamcs shall reQulfe or permit any sud\ labOrer Of'
I mechanc'" any workweek In whiCh he or She IS .mployecl on such wort(
to work In ucess of etght hours In any calendar clay or in excess of forty
hours in such workweek unless such laborer or mechante receives com..
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penUbOn .. . rate not less INn one and one-hart tirnes It\e ba~ ,... of
ply tor all houD wCH'keclln e;rceP of etght hOuri In any ca6endar OoIy 01' '"
e.cns of forty hours In SUCh wOrkweek. whichever ia gru.,.
(2) VIolation: lablllly lor unpaid __: lquldaleCl ~ In !he
event ot any 'l'()tltlon of aw eJaUH se1 ronn in ,u~r.gr.ph (1) Of ttlll
paragrapn. the contractOr and any lubcontractor responSible ther.for ~l
be liable tor the unpatd wages. In addition. such contractor and subcon-
tractor lhall be Iia~e to ttw: United States (in the case of wort done unQet
contrac1 for the Otstnet of CoIumbtl or . territory. Ie such Otstric1 or to SUCh
terntory). tor 'tC!Uldated damages. Such liQuidated cSamages shall be com.
puted With respect to each Individual labOrer or meef'lamc. Including
watchmen and guardS. employed In Violation of the clause set tortl"lln SUD-
paragraph (1) of tt\lS paragraph. in the sum ot $10 for eacn calendar day on
which such IndiVidual was reqUited or permitted to work In eJecess Of "g"1
hours or m excess at the standard worir.week of forty hours Without pay-
ment of the overtime wages requited by the clause set tOrth in subpara-
graph (1) 01''''' poragrapll.
(3) WltIIllokIl"lllor unpaid wag.. and "quldalocl damag.., HUD or ItS
designee shall upon ItS own action or uport wnllen reQuest of an authO-
rized representative of the Department of LabOr Withhold Of cause to be
Withheld. from any moneys payable on account ot wonc. performed by the
contractor or subContraC1Of under any such contract or Iny other FecleraI
contract With the same prune contract. or any other Federally-aSSisted con-
tract subted 10 the Contract Work Hours and Safety Standards At1. whlcl'l
is held by the same prime contractor such sums IS may be detenTllned 10
be necessary to satISfy any liabilities at such contractor or subContractQf
tor unpaid wages and Iiqu'dated damages u provided in ltIe ClauH se1:
fottn In subparagraph (2) of thiS paragraph.
(4) Subcontrlcta. The contractor or subConlllctor snail insert in any
subCon1racts the clauses set forth in subparagraph (1) through (.) of trlls
paragraph and also a dause requiring tne subcontractors to Include ttles.e
clauses in any lower tier subCOntracts.. The prune contractor shall be
responsitNe lor compliance by any subcontractor or lower tier subContrlC-
10r with the clauses set lor'II'lln subparagraphs (1) tnrough (4) ot thiS
paragraph.
C. Health and Safely
(1) No labOrer or mechanic shall be required to work in surroundings
or under working Conditions whiCh are unsanitllFY. hazardous, or danget'-
aus to his I'teItIh and safety as determined under construction safety and
neal1tl standard' promulgated tly tile Secretary 01 Labor tly regulabon.
(2) The Contractor _I comply wi1ll aU regulabOn' ,soued t>y 1he
Secre1ary of Labor pursuant 10 Tolle 211 Part 11126 ~ormer1y port , 518) and
tailure 10 compty may resu" in imposition of sanctiOns pursuant to tI'le Con-
IrBo1 Wor!< Hours and Safely Standards "'" (public Law gl.$4. 83 Slat 96).
(3) The Contractor shill include tt'8 provtsions of Ihis Article In every
subcontrlct so that such provisions will be btnding on each subcontractor.
The Contractor sl\alltake such action with respect 10 any subContraC11S
1he SecrelOry of Hous'''ll and Urban DeYelopmen. or ltle SecrelOry of Ullor
shall direct IS a means of enforCing such provision&.
HUD~010 12""
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Title 29-Labor
Subtitle A-Office of the Secretary,
of Labor
PART 3-CONTRACTORS AND SUB-
CONTRACTORS ON PUBLIC BUILD-
ING OR PUBLIC WORK FINANCED
IN WHOLE OR IN PART BY LOANS
OR GRANTS FROM THE UNITED
STATES
PART S-LABOR STANDARDS PROVI-
SIONS APPLICABLE TO CONTRACTS
COVERING fEDERALLY fiNANCED
AND ASSISTED CONSTRUCTION
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PART 3
CONTRACTORS AND SUBCONTRACTORS ON PUBLIC BUILDING
OR PUBLIC WORK FINANCED IN WHOLE OR IN PART BY
LOANS OR GRANTS FROM THE UNITED STATES
SECTION:
3.1 Purpose and scope.
3.2 Definitions.
3.3 Weekly statement with respect to payment of wages.
3.4 Submission of weekly statements and the preservation and
inspection of weekly payroll records.
3.5 Payroll deductions permissible without application toor
approval of the Secretary of Labor.
3.6 Payroll deductions permissible with the approval of the
Secretary of Labor.
3.7 Applications for the approval of the Secretary of Labor.
3.8 Action by the Sec~etary of Labor upon applications.
3.9 Prohibited payroi I deduction~.
3.10 Methods of payment of wages.
3.11 Regulations part of contract.
3.1 Purpose and Scope
This part prescribes "anti-kickback" regulations under
Section 2 of the Act of June 13, 1934, as amended (40 U.S.C.
276c), popularly known as the Copeland Act. This part applies
to any contract which is subject to Federal wage standards and
which is for the construction, prosecution, completion, or
repair of public buildings, public works or buildings or works
financed in whole or in part by loans or grants from the United
States. The part is intended to aid in the enforcement of the
minimum wage provisions of the David-Bacon Act and the various
statutes dealing with Federally-assisted construction that
contain similar minimum wage provisions, including those
provisions which are not subject to Reorganization Plan No. 14
(e.g., the College Housing Act of 1950, the Federal Water
Pollution Control Act, and the Housin9 Act of 1959), and in the
enforcement of the overtime provisions of the Contract Work
Hours Standards Act whenever they are applicable to
construction work. The part details the obligation of
contractors and subcontractors relative to the weekly
submission of statements regarding the wages paid on work
covered thereby; sets forth the ci rcumstances and procedures
governi ng the maki ng of payroll deductions from the wages of
those employed on such work; and del i neates the methods of
payment permissible on such work.
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3.2 Definitions
As used in the regulations in this part:
(al The terms "building" or "work" generally include
construction activity as distinguished from manufacturing, fur-
nishing of materials, or servicing and maintenance work. The
terms include, without limitation, buildings, structures, and
improvements of all types, such as bridges, dams, plants,
highways, parkways, streets, subways, tunnels, sewers, mains,
powerlines, pumping stations, railways, airports, terminals,
docks, piers, wharves, ways, lighthouses, buoys, jetties,
breakwaters, levees, and canals; dredging, shoring,
scaffolding, drilling, blasting, excavating, clearing, and
1 aridscapi ng. Unl ess conducted in connecti on wi th and at the
site of such a building or work as is described in the
foregoing sentence, the manufacture or furnishing of materials,
articles. supplies, or equipment (whether or not a Federal or
State agency acquires title to such materials, articles,
supplies, or equipment during the course of the manufacture or
furnishing or owns the materials from which they are manu-
factured or furnished) is not a "building" or "work" within the
meaning of the regulations in this part.
(b) The terms "construction", "prosecution",
"completion", or "repair" mean all types of work done on a
particular building or work at the site thereof, including,
without limitation, altering, remodeling, painting and
decorating, the transporting of materials and supplies to or
from the building or work by the employees of the construction
contractor or construction subcontractor, and the manufacturing
or furnishing of materials, articles, supplies, or equipment on
the site of the building or work, by persons employed at the
site by the contractor or subcontractor.
(c) The terms "public building" or "public work"
i ncl ude bui 1 di ng or work for whose constructi on, prosecuti on,
completion, or repair, as defined above, a Federal agency is a
contracting party, regardless of whether title thereof is in a
Feder'a 1 agency.
(d) The term "building or work financed in whole or in
part by loans or grants from the United States" includes
building or work for whose construction, prosecution,
completion, or repair, as defined above, payment or part
payment is made directly or indirectly from funds provided by
loans or grants by a Federal agency. The term includes build-
i ng or work for whi ch the Federal asi stance granted is in the
form of loan guarantees or insurance.
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(e) Every person paid by a contractor or subcontractor
in any manner for his labor in the construction, prosecution,
completion, or repair of a public building or public work or
buil di ng or work fi nanced in whol e or in part by loans or
grants from the United States is "employed" and receiving
"wages", regardless of any contractual relationship alleged to
exist between him and the real employer.
(f) The term "any affiliated person" includes a
spouse, child, parent, or other close relative of the
contractor or subcontractor; a partner or officer of the
contractor or subcontractor; a corporation closely connected
wi~h the contractor or subcontractor as parent, subsidiary, or
otherwise, and an officer or agent of such corporation.
(g) The term "Federal agency" means the United States,
the District of Columbia, and all executive departments,
independent establishments, administrative agencies, and
instrumentalities of the United States and of the District of
Columbia, including corporations, all or substantially all of
the stock of which is beneficially owned by the united States,
by the Di stri ct of Col umbi a, or any of the foregoi ng depart-
ments, establishments, agencies, and instrumentalities.
3.3 Weekly Statement with re.pect to payment of wages.
(a) As used in this section, the term "employee" shall
not apply to persons in classifications higher than that of
laborer or mechanic and those who are the immediate supervisors
of such employees.
(b) (1) Each contractor or subcontractor engaged in the
construction, prosecution. completion, or repair of any public
building or public work, or building or work financed in whole
or in part by loans or grants from the Uni ted States, shall
furni sh each week a statement wi th respect to the wages pai d
each of its employees engaged on work covered by 29 CFR Parts 3
and ~ during the preceding weekly payroll period.
(2) Each "Statement of Compliance" shall be signed by
the contractor or subcontractor or his or her agent who pays or
supervises the payment of the persons employed under the
contract and shall certify the following:
(i) That the payroll period
information required to be maintained under
thi s Chapter, 29 CFR Part 5 and that such
correct and complete;
conta ins the
5.5(a)(3)(i) of
information is
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(ii) That each laborer or mechanic (including
each helper, apprentice, and trainee) employed on the contract
during the payroll period has been paid the full weekly wages
earned, without rebate, either directly or indirectly, and that
no deductions have been made either directly or indirectly from
the full wages earned, other than permissible deductions as set
forth in 3.5-3.8;
(i i i) That each 1 aborer or mechani c has been
pai d not 1 ess than the wage rates and fri nge benefi ts or cash
euivalents for the classification of work performed, as speci-
fied in the applicable wage determination incorporated into the
contract.
(3) The wilful falsification of any of the above certi-
fications may subject the contractor or subcontractor to civil
or criminal prosecution under Section 1001 of Title 18 and
Section 231 of Title 31 of the United States Code.
(c) The requi rements of thi s secti on shall not apply to
any contract of $2,000 or less.
(d) Upon a written finding by the head of a Federal
agency, the Secretary of Labor may provide reasonable limita-
tions, variations, tolerances, and exemptions from the require-
ments of thi s secti on subject to such condi ti ons as the
Secretary of Labor may specify. [29 F.R. 97, Jan. 4, 1964, as
amended at 88 F.R.I0180, July 17, 1968]
3.4 Submission of weekly statements and the preservation and
inspection of weekly payroll records.
(a) Each weekly statement required under 3.3 shall be
delivered by the contractor or subcontractor, within seven days
after the regul ar payment date of the payroll peri od, to a
representati ve of a Federal or State agency in charge at the
site of the building or worK, or, if there is no representative
of a Federal or State agency at the site of the building or
work, the statement shall be mai led by the contractor or sub-
contractor, within such time, to a Federal or State agency con-
tracti ng for or fi nanci ng the bui 1 di ng or work. After such
examination and check as may be made, such statement, or a copy
thereof, shall be Kept available, or shall be transmitted
together wi th a report of any vi 01 ati on, in accordance wi th
applicable procedures prescribed by the United States
Department of Labor.
(b) Each contractor of subcontractor shall preserve his
weekly payroll records for a period of three years from date of
completion of the contract. The payroll records shall set out
accurately and completely the name and address of each laborer
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and mechanic, his correct classification, rate of pay, daily
and week 1 y number of hours worked, deductions made, and actua 1
wages paid. Such payroll records shall be made available at
all times for inspection by the contracting officer or his
authorized representative, and by authorized representatives of
the Department of Labor.
3.5 Payroll Deductions Permissible Without Application to or
Approval of the Secretary of Labor
(a) Any deduction made in compliance with the
requirements of Federal, State, or local law, such as Federal
or State withholding income taxes and Federal social security
taxes.
(b) Any deduction of sums previously paid to the
employee as a bona fide pre-payment of wages when such prepay-
ment is made without discount or interest. A "bona fide pre-
payment of wages" is considered to have been made only when
cash or its equivalent has been advanced to the person employed
in such manner as to give him complete freedom of disposition
of the advanced funds.
(c) Any deduction of amounts required by court
process to be paid to another, unless, the deduction is in fav-
or of the contractor, subcontractor, or any affiliated person,
or when collusion or collaboration exists.
(d) Any deduction constituting a contribution on
behalf of the person employed to funds established by the
employer or representatives of employees, or both, for the
purpose of providing either from principal or income, or both,
medical or hospital care, pensions or annuities on retirement,
death benefits, compensation for injuries, illness, accidents,
sickness, or disability, or for insurance to provide any of the
foregoing, or unemployment benefits, vacation pay, savings
accounts, or simi 1 ar payments for the benefi t of employees,
their families and dependents: Provided. however, That the
following standards are met:
(1) The deduction is not otherwise prohibitedby
law;
(2) It is either: (1) Voluntary consented to
by the employee in wri ti ng and in advance of the peri od in
whi ch the work is to be done and such consent is not a
condition either for the obtaining of or for the continuation
of employment, or (ii) provided for in a bona fide collective
barga i ni ng agreement between the contractor or subcontractor and
representatives of its employees;
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(3) no profi t or other benefi tis otherwi se
obtained, dire.ctly or indirectly, by the contractor or
subcontractor or any affiliated person in the form of
commission, dividend, or otherwise; and
(4) the deductions shall serve the convenience
and interest of the employee.
(e) And deduction contributing toward the purchase of
United States Defense Stamps and Bonds when voluntarily
authorized by the employee.
(f) Any deduction requested by the employee to enable
him to repay loans to or to purchase shares in credit unions
organized and operated in accordance with Federal and State
credit union statutes.
(g) Any deduction
employee for the maki ng of
quasi-governmental agencies,
voluntarily authorized by the
contributions to governmental or
such as the American Red Cross.
( h )
employee for
United Givers
Any deduction voluntarily authorized by the
the maki ng of contri buti ons to Communi ty Chests,
Funds, and similar charitable organizations.
(i) Any deduction to pay regular union initiation
fees and membership dues, not including fines or special
assessments: Provi ded, however, that a coll ecti ve bargai ni ng
agreement between the contractor or subcontractor and
representatives of its employees provides for such deductions
and the deductions are not otherwise prohibited by law.
(j) Any deduction not more than for the "reasonable
cost" of board, lodging, or other facilities meeting the
requirements of section 3(m) of the Fair Labor Standards Act of
1938, as amended, and Part 531 of this title. When such a
deduction is made the additional records required under
516.25(a) of this title shall be kept.
(k) And deduction for the cost of safety equipment of
nominal value purchased by the employee as his own property for
his personal protection in his work, such as safety shoes,
safety glasses, safety gloves, and hard hats, if such equipment
is not required by law to be furnished by the employer, if such
deduction is not violative of the Fair Labor Standards Act or
prohibited by other law, if the cost on which the deduction is
based does not exceed the actual cost to the employer where the
equipment is purchased from him and does not include any direct
or indirect monetary return to the employer where the equipment
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is purchased from a thi rd person, and if the deducti on is
either (1) voluntarily consented to by the employee in writing
and in advance of the peri od in whi ch the work is to be done
and such consent is not a condition either for the obtaining of
employment or its continuance; or (2) provided for in a bona
fide collective bargaining agreement between the contractor or
subcontractor and representatives of its employees.
[29 F.R. 97, Jan. 4, 1964, as amended at 36 F.R. 9770, May
28,1971]
3.6 Payroll Deduction Permi ssible with the Approval of the
Secretary of Labor
Any contractor
Secretary of Labor for
permitted under 3.5.
whenever he finds that:
or subcontractor may apply to the
permission to make any deduction not
The Secretary may grant permission
(a) The contractor,
person does not make a profit
from the deduction either
dividend, or otherwise;
subcontractor, or any affiliated
or benefit directly or indirectly
in the form of a commission,
(b) The The deduction is not otherwise prohibited by
law;
(c) The deduction is either (1) voluntarily consented
to by the employee in writing and in advance of the period in
whi ch the work is to be done and such consent is not a
condition either for the obtaining of employment or its
continuance, or (2) provided for in a bona fide collective
barga i ni ng agreement between the contractor or subcontractor
and representatives of its employees; and
(d) The deduction serves the convenience and interest
of the employee.
3.7 Applications for the Approval of the Secretary of Labor
Any application for the making of payroll deductions
under 3.6 shall comply with the requirements prescribed in the
following par~graphs of this section:
(a) The application shall be in writing and shall be
addressed to the Secretary of Labor.
(b) The application need not identify the contract or
contracts under which the work in question is to be performed.
Permi ssi on wi 11 be gi ven for deducti ons on all current and
future contracts of the applicant for a period of 1 year. A re-
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newal of permission to make such payroll deduction will be
granted upon the submission of an application which makes
reference to the original application, recites the date of the
Secretary of Labor's approval of such deductions, states
affirmatively that there is continued compliance with the
standards set forth in the provisions of 3.6, and specifies any
conditions which have changed in regard to the payroll
deductions.
(c) The application shall state affirmatively
there is compliance with the standards set forth in
provisions of 3.6. The affirmation shall be accompanied
full statement of the facts indicating such compliance.
that
the
by a
(d) The application shall include a description of
the proposed deducti on. the purpose to be served thereby, and
the cl asses of 1 aborers or mechani cs from whose wages the
proposed deduction would be made.
(e) The application shall state the name and business
of any third person to whom any funds obtained from the
proposed deducti ons are to be transmi tted and the affi 1 i ati on
of such person, if any, with the applicant.
3.8 Action by the Secretary of Labor Upon Applications
The Secretary of Labor shall decide whether or not the
requested deduction is permissible under provisions of 3.6; and
shall notify the applicant in writing of his decision.
3.9 Prohibited Payroll Deductions
Deductions not elsewhere provided for by this part and
which are not found to be permissible under 3.6 are prohibited.
3.10 Methods of Payment of Wages
The payment of wages shall be by cash, negotiable
instruments payable on demand, or the additional forms of com-
pensa~ion for which deductions are permissible under this part.
No other methods of payment shall be recognized on work subject
to the Copeland Act.
3.11 Regulations Part of Contract
All contracts made with respect to the construction,
prosecution, completion, or repair of any public building or
public work or building or work financed in whole or in part by
loans or grants from the United States covered by the
regulations in this part shall expressly bind the contractor or
subcontractor to comply with such of the regulations in this
part as may be applicable. In this regard, see 5.5(a) of this
subtitle.
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PART 5
LABOR STANDARDS PROVISIONS APPLICABLE TO
CONTRACTS COVERING FEDERALLY FINANCED AND ASSISTED
CONSTRUCTION (ALSO LABOR STANDARDS PROVISIONS
APPLICABLE TO NONCONSTRUCTION CONTRACTS SUBJECT TO
THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT)
Subpart A
Procedures
Davis-Bacon and Related Acts Provisions and
SECTION:
5.1 Purpose and scope
5.2 Definitions
5.3 [Reserved)
5.4 [Reserved)
5.5 Contract provisions and related matters
5.6 Enforcement
5.7 Reports to the Secretary of Labor
5.8 L i qui dated damages under the Contract Work Hours and
Safety Standards Act
5.9 Suspension of funds
5.10 Restitution, criminal action
5.11 Disputes concerning payment of wages
5.12 Debarment proceedings
5.13 Rulings and interpretations
5.14 Variations, tolerances, and exemptions from Parts 1 and
3 of this subtitle and this part
5.15 Limitations, variations, tolerances, and exemptions
under the Contract Work Hours and Safety Standards Act
5.16 Training plans approved or recognized by the Department
of Labor prior to August 20, 1975.
5.17 Withdrawal of approval of a training program
Subpart B Interpretation of the Fringe Benefits Provisions
of the Davis-Bacon Act
SECTION:
5.20 Scope and significance of this subpart
5.21 [Reserved)
5.22 Effect of the Davis-Bacon fringe benefits provisions
5.23 The statutory provisions
5.24 The basic hourly rate of pay
5.25 Rate of contribution or cost for fringe benefits
5.26 " contribution irrevocably made... to a trustee or
to a third person".
5.27 " fund, plan, or program".
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5.28
5.29
5.30
5.31
5.32
Unfunded plans
Specific fringe benefits
types of wage determinations
Meeting wage determination obligations
Overtime payments
5.1 Purpose and Scope
(a) The regulations contained in this part are
promulgated under the authority conferred upon the Secretary of
Labor by Reorgani zati on Pl an No. 14 of 1950 and the Copel and
Act in order to coordi nate the admi ni strati on and enforcement
of the labor standards provisions of each of the following acts
by the Federal agencies responsible for their administration
and of such additional statutes as may from time to time confer
upon the Secretary of Labor addi ti ona 1 duti es and responsi-
bilities similar to those conferred upon the Secretary of Labor
under Reorganization Plan No. 14 of 1950:
1. The Davis-Bacon Act [Section 1-7, 46 Stat.
1949, as amended; Pub. L. 74-403, 40 U.S.C. 276a-276a-7].
2. Copeland Act [40 U.S.C. 276c].
3. The Contract
Standards Act [40 U.S.C. 327-332].
Work
Hours
and
Safety
4. National Housing Act [Section 212 added to
c. 847, 48 Stat. 1246, by Section 14, 53 Stat. 807; 12 U.S.C.
1715c and repeatedly amended].
5. Housing Act
[amended by Housing Act of 1959
Stat. 681; 12 U.S.C. 1749a(f)].
of 1950 (college housing)
to add labor provisions, 73
6. Housi n9 Act of 1959 [Secti on
Housing Act of 1950 as amended by Pub. L. 86-372,
12 U.S.C. 1701q(c)(3)].
401(f) of the
73 Stat. 681;
7. Commercial Fisheries
Development Act of 1964 [Section 7, 78 Stat.
77ge(b)].
.
Research and
199; 16 U.S.C.
8. Library Services and Construction Act
[Section 7(a), 78 Stat. 13; 20 U.S.C. 355c(a)(4), as amended].
9. National Technical Institute for the Deaf
Act [Section 5(b){5), 79 Stat. 126; 20 U.S.C. 684(b)(5)].
10.
Humanities Act of
20 U.S.C. 954(j)].
National Foundation on the Arts and
1965 [Section 5(k), 79 Stat. 846 as amended;
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11. Elementary and Secondary Education Act of
1965 as amended by Elementary and Secondary and other Education
Amendments of 1969 [Section 423 as added by Pub. L. 91-230,
ti tl e IV, Secti on 401 (a) (10), 84 Stat. 169, and renumbered
Section 433, by Pub. L. 92-318; title III Section 301(a)(I), 86
Stat. 326; 20 U.S.C. 1232(b)]. Under the amendment coverage is
extended to all programs admi ni stered by the Commi ssi oner of
Education.
12. The Federal-Aid Highway Acts [72 Stat. 895.
as amended by 82 Stat. 821; 23 U.S.C. 113, as amended by the
Surface Transportation Assistance Act of 1982. Pub. L. 97-424J.
u. ,ndian Self-Determination and Education
Assis~ar.ce Ac. CSection 7, 88 Stat. 2205; 25 U.S.C. 450eJ.
.~ ;r.Gian ~aaitr. Care Improvement Act [Section
3C3l~:, 90 S:at. 1407; 25 U.S.C. 1633(b)j.
~~. ~~~a~~;~t~tion Ac~ of
3G6(J)~5; 87 S~~.:~. 33~, 29 ~.S.C. 776(J)(5jj.
1973
[Sec~ion
.1.0. c.');,:",:,rer:er,s~ve ~:ri~.:oy:;;e;-.t and irc.i~:r:.S Ac.~
of :97:; [Se:'S,"ICi cG6. 57 Sto.t. sao, rei1uJ;Jere~ section 706 cy
58 S:i.:~. ~2Cr5; 29 ;';.S.C. ;::'6; a':so Sect-;cn 60~, 88 Stat. :846;
29 L.S.C. 96q~I(3i=.
lS72
-:- C ,0:) ~ -.. ~,'"
1..""....1"...,....."
"1 ~.::.c.~c ;.r::::. __IJ....c" ;>ls:ai AS:.is~c.r:ce Io,ct....l
123(a)(61, 63 S~c.~. 93j; 3: u.S.C. 1245(a)(c)~.
~SeC.~~:::i
- . -
:'.i...)
lB. ~ede~c; hater ?o1~~t~o~ Cc;.~rG~
of Sac~jon 2, 86 Stat. 894; 33 U.~.C. 1372:.
A.:t
~9. Yete~~~s ~u;s~r.9 hJ~e ~a~e
S~at. SJ2, ~s ~~endec; 38 ~.S.C. 5035(a)(8)j.
AcT. of
1~54
-'
i.,./':'
2C. ?os:a'. Reorgc.idzo.t~or. Act [SE:C~:CII
4~O(cj,,!r)\':.; 3~. S'ta~. 726 as ameiiQeO; 39 U.S.C. 410{b)(4j:C~~.
2:'. ;-";~...sional Visit0!'"S Center racilitit:s Act 07
1966 Lsec. dO, 32 Stat. 45; 40 U.S.C. 8C8J.
1965 Lsec.
22. Ap~alachjan Regjo~ci Deve~opment
402,79 Stat. 21; 40 U.S.C. App. 492:.
A-~
'- .
of
23. Health Services
Statistics, and \edical Libraries Act of
sec. 308(h)(2) thereof, 88 Stat. 370 as
378; 42 U.S.C. 242m(h)(2)].
Research,
1974 Lsec.
amenGed by
;.{ea -I th
1G7, see
90 Stat.
24. Hospital Survey and Construction Act, as
amended by the Hospital and Medical Facilities Amendments of
1964 [sec. 605(a)(5), 78 Stat. 453; 42 U.S.C. 291e(a)(5)].
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25. Health Professions Educational Assistance
Act [sec. 303(b), 90 Stat. 2254; 42 U.S.C. 293a(g)(I)(C); also
sec. 308a, 90 Stat. 2258, 42 U.S.C. 293a(c)(7)].
26. Nurse Training Act of 1964
941(a)(I)(C), 89 Stat. 384; 42 U.S.C. 296a(b)(5)].
[sec.
27. Heart Di sease, Cancer, and Stroke
Amendments of 1965 [sec. 904, as added by sec. 2, 79 Stat. 928;
42 U.S.C. 299d(b)(4)].
28. Safe Drinking Water Act [sec. 2(a) see sec.
1450e thereof, 88 Stat. 1691; 42 U.S.C. 300j-g(el].
29. National Health Planning and Resources Act
[sec. 4, see sec. 1604(b)(I)(II), 88 Stat. 2261, 42 U.S.C.
3000-3(b)(I)(H)].
30. U.S. Housing Act of 1937, as amended and
recodified [88 Stat. 667; 42 U.S.C. 1437j].
31.
Development Act of
1259, 1270, 1277,
U.S.C. 1437j].
Demonstration Cities
1966 [secs. 110, 311,
1284; 42 U.S.C. 3310,
and Metropolitan
503, 1003, 80 Stat.
12 U.S.C. 1715c; 42
32. Slum clearance program: Housing Act of 1949
[sec. 109, 63 stat. 419, as amended; 42 U.S.C. 1459].
33. Farm housing: Housing Act of 1964 [adds
sec. 516(f) to Housing Act of 1949 by sec. 503,78 Stat. 797;
42 U.S.C. 1486(f)].
34. Housing Act of 1961 [sec. 707, added by
sec. 907, 79 Stat. 496, as amended; 42 U.S.C. 1500c-3].
35. Defense Housing and Community Facilities
and Services Act of 1951 [sec. 310, 65 Stat. 307; 42 U.S.C.
1592i.] .
36. Special Health Review Sharing Act of 1975
[sec. 303, see sec. 222(a)(5) thereof, 89 Stat. 324; 42 U.S.C.
2689j (a)( 5)].
37. Economic Opportunity Act of 1964 [sec. 607,
78 Stat. 532; 42 U.S.C. 2947].
38. Headstart, Economic
Community Partnership Act of 1974 [sec.
thereof, 88 Stat. 2327; 42 U.S.C. 2992a].
Opportunity,
11, see sec.
and
811
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94 99
39. Housi ng and Urban Development Act of 1965
[sec. 707, 79 Stat. 492 as amended; 42 U.S.C. 3107].
40. Older Americans Act of 1965 [sec. 502, Pub.
L. 89-73, as amended by sec. 501, Pub. L. 93-29; 87 Stat. 50;
42 U.S.C. 3041a(a)(4)].
41. Publ i c Works and Economi c Development Act
of 1965 [sec. 712; 79 Stat. 575 as amended; 42 U.S.C. 3222].
42. Juvenile Delinquency Prevention Act [sec.
1, 86 Stat. 536; 42 U.S.C. 3884].
43. New Communities Act of 1968 [sec. 410, 82
Stat. 516; 42 U.S.C. 3909].
44. Urban Growth and New Community Development
Act of 1970 [sec. 727(f), 84 Stat. 1803; 42 U.S.C. 4529].
45. Domestic Volunteer Service Act of 1973
[sec. 406, 87 Stat. 410; 42 U.S.C. 5046].
1974 [secs.
1440(glJ.
46. Housi ng and Communi ty Development Act of
110 802(g), 88 Stat.649, 724; 42 U.S.C. 5310,
47. Developmentally Disabled
Bill of Rights Act [sec. 126(4), 89 Stat.
6042(4); title 1, sec. 111, 89 Stat.
6063(bl(19)J.
Assi stance and
488; 42 U.S.C.
491; 42 U.S.C.
48. National Energy Conservation Policy Act
[sec. 312, 92 Stat. 3254; 42 U.S.C. 6371j].
49. Public Works Employment Act of 1976 [sec.
109, 90 Stat. 1001; 42 U.S.C. 6708; also sec. 208, 90 Stat.
1008; 42 U.S.C. 6728].
50. Energy Conservation and Production Act
[sec. 451(h), 90 Stat. 1168; 42 U.S.C. 6881(h)].
51. Solid Waste Disposal Act [sec. 2, 90 Stat.
2823; 42 U.S.C. 6979].
52. Rail Passenger Service Act of 1970 [sec.
405d, 84 Stat. 1337; 45 U.S.C. 565(d)].
53. Urban Mass Transportation Act of 1964 [sec.
10, 78 Stat. 307; renumbered sec. 13 by 88 Stat. 715; 49 U.S.C.
1609].
54. Highway Speed Ground Transportation Study
[sec. 6(b), 79 Stat. 893; 49 U.S.C. 1636(b)].
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55. Airport and Airway Development Act of 1970
[sec. 22(b), 84 Stat. 231; 49 U.S.C. 1722(b)].
56. Federal Civil Defense Act of 1950 [50
U.S.C. App. 2281i].
57. National Capital Transportation Act of 1965
[sec. 3(b)(4), 79 Stat. 644; 40 U.S.C. 682(b)(4). NOTE:
repealed December 9,1969, and labor standards incorporated in
sec. 1-1431 of the District of columbia Code].
58.
[sec. 4, 80 Stat.
States Code].
Model Secondary School for the Deaf Act
1027, Pub. L. 89-694. but not in the Uni ted
59.
Stat. 714, Pub. L.
of the plan but not
Delaware River Basin Compact [sec.
87-328] (considered a statute for
in the United States Code).
15.1, 75
purposes
60. Energy Security Act [sec. 175(c), Pub. L.
96-294, 94 Stat. 611; 42 U.S.C. 8701 note].
(b) Part 1 of this subtitle contains the Department's
procedural rules governing requests for wage determinations and
the issuance and use of such wage determi nati ons under the
Davi s-Bacon Act and its rel ated statutes as 1 i sted in that
part.
5.2 Definitions
(a) The term "Secretary" i ncl udes the Secretary of
Labor, the Deputy Under Secretary for Employment Standards, and
their authorized representatives.
(b) The term "Administrator" means the Administrator
of the Wage and Hour Division, Employment Standards
Admi ni strati on, U. S. Department of Labor, or authori zed repre-
sentative.
(c) The term "Federal agency" means the agency or
instrumental i ty of the Uni ted States whi ch enters into the
contract or provides assistance through loan, grant,loan
guarantee or insurance, or otherwise, to the project sUbject to
a statute listed in 5.1.
(d) The term "Agency Head" means the principal
official of the Federal ~gency and includes those persons duly
authorized to act in the behalf of the Agency Head.
( e )
individual,
The term "Contracting Officer" means the
a duly appointed successor, or authorized
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representati ve who is desi gnated and authori zed to enter into
contracts on behalf of the Federal agency.
(f) The term "labor standards" as used in this part
means the requirements of the Davi s-Bacon Act, the Contract
Work Hours and Safety Standards Act (other than those relating
to safety and health), the Copeland Act, and the prevailing
wage provi si ons of the other statutes 1 i sted in 5.1, and the
regulations in Parts 1 and 3 of this subtitle and this part.
(g) The term "United States or the District of
Columbia" means the United States, the District of Columbia,
and all executive departments, independent establishments,
administrative agencies, and instrumentalities of the United
States and of the District of Columbia, including corporations,
all or substantially all of the stock of which is beneficially
owned by the United States, by the foregoing departments,
establishments, agencies, instrumentalities, and including non-
appropriated fund instrumentalities.
(h) The term "contract" means any prime contract
whi ch is subject wholl y or in part to the 1 abor standards
provisions of any of the acts listed in 5.1 and any subcontract
of any tier thereunder, let under the prime contract. A State
or 1 oca 1 Government is not regarded as a contractor under
statutes providing loans, grants, or other Federal assistance
in situations where construction is performed by its own
employees. However, under statutes requiring payment of
prevailing wages to all laborers and mechanics employed on the
assisted project, such as the U.S. Housing Act of 1937, State
and local recipients of Federal-aid must pay these employees
according to Davis-Bacon labor standards.
(i) The terms "building" or "work" generally include
construction activity as distinguished from manufacturing,
furnishing of materials, or servicing and maintenance work.
The terms include without limitation, buildings, structures,
and improvements of all types, such as bridges, dams, plants,
highways. parkways, streets, subways, tunnels, sewers, mains.
power lines, pumping stations, heavy generators, railways, air-
ports, terminals, docks, piers. wharves, ways, lighthouses,
buoys, jetties, breakwaters, levees, canals, dredging, shoring,
rehabilitation and reactivation of plants, scaffolding,
drilling, blasting, excavating, clearing, and landscaping. The
l!Ianufacture or furnishing of materials, articles, supplies or
equipment (whether or not a Federal or State agency acquires
title to such materials, articles, supplies, or equipment
during the course of the manufacture or furnishing, or owns the
materials from which they are manufactured or furnished) is not
a "building" or "work" within the meaning of the regulations in
this part unless conducted in connection with and at the site
of such a building or work as is described in the foregoing
sentence, or under the United States Housing Act of 1937 and
the Housing Act of 1949 in the construction or development of
the project.
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(j) The terms "construction", "prosecution",
"completion", or "repair" mean all types of work done on a
particular building or work at the site thereof (or, under the
United States Housing Act of 1937 and the Housing Act of 1949),
all work done in the construction or development of the
project, including without limitation, altering, remodeling,
installation (where appropriate) on the site of the work of
items fabricated off-site, painting and decorating, the
transporting of materials and supplies to or from the building
or work by the employees of the constructi on contractor or
construction subcontractor, and the manufacturing or funishing
of materials, articles, supplies or equipment on the site of
the building or work (or, under the united States Housing Act
of 1937 and the Housing Act of 1949, in the construction or
development of the project), by persons employed by the
contractor or subcontractor.
(k) The term "public building" or "public work"
includes building or work, the construction, prosecution, com-
pletion, or repair of which, as devined above, is carried on
directly by authority of or with funds of a Federal agency to
serve the interest of the general public regardless of whether
title thereof is in a Federal agency.
(1)
fo.ll ows:
The term "site of the work" is defined as
(1) The "site of the work" is limited to the
physical place or places where the construction called for in
the contract will remain when work on it has been completed
and, as discussed in paragraph (1)(2) of this section, other
adjacent or nearby property used by the contractor or subcon-
tractor in such construction which can reasonably be said to be
included in the "site".
(2) Except as provided in paragraph (1)(3) of
this section, fabrication plants, mobile factories, batch
plants, borrow pits, job headquarters, tool yards, etc., are
part of the "site of the work" provided they are dedicated
exclusively, or nearly so, to performance of the contract or
project, and are so located in proximity to the actual
construction location that it would be reasonable to include
them.
(3) Not included in the "site of the work" are
permanent home offices, branch plant establishments, fabrica-
tion plants, and tool yards of a contractor or subcontractor
whose locations and continuance in operation are determined
wholly without regard to a particular Federal or federally
assisted contract or project. In addition, fabrication plants,
batch plants, borrow pits, job headquarters, tool yards, etc.,
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of a commercial supplier or materialman which are established
by a supplier of materials for the project before opening of
bids and not on the project site, are not included in the
"site of the work". Such permanent, previously established
facilities are not a part of the "site of the work", even where
the operations for a period of time may be dedicated exclusive-
ly, or nearly so, to the performance of a contract.
(m) The term "laborer" or "mechanic" includes at
least those workers whose duties are manual or physical in
nature (including those workers who use tools or who are
performing the work of a trade), as distinguished from mental
or managerial. The term "laborer" or "mechanic" includes
apprentices, trainees, helpers, and, in the case of contracts
subject to the Contract Work Hours and Safety Standards Act,
watchmen or guards. The term does not apply to workers whose
duties are primarily administrative, executive, or clerical,
rather than manual. Persons employed in a bona fide execu-
tive, administrative, or professional capacity as defined in
Part 541 of thi s ti tl e are not deemed to be 1 aborers or
mechanics. Working foremen who devote more than 20 percent of
their time during a workweek to mechanic or laborer duties, and
who do not meet the cri teri a of Part 541, are 1 aborers and
mechanics for the time so spent.
(n)
follows:
The terms apprentice and trainee are defined as
(1) "Apprenti ce" means (i) a person employed
and individually registered in a bona fide apprenticeship pro-
gram registered with the U.S. Department of Labor, Employment
and Training Administration, Bureau of Apprenticeship and
Training, or with a State Apprenticeship Agency recognized by
the Bureau, or (ii) a person in the first 90 days of
probationary employment as an apprentice in such an
apprenticeship program, who is not individually registered in
the program, but who has been certified by the Bureau of
Apprenti ceshi p and Trai ni ng or a State Apprenti ceshi p Agency
(where appropriate) to be eligible for probationary employment
as a~ apprentice;
(2) "Trainee" means a person ~egistered and
recelvlng on-the-job training in a construction occupation
under a program which has been approved in advance by the U.S.
Department of Labor, Employment and Training Administration, as
meeting its standards for on-the-job training programs and
which has been so certified by that Administration.
(3) These provlSlons do not apply to
"apprentices" and "trainees" employed on projects subject to 23
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U.S.C. 113 who are enrolled in programs
certified by the Secretary of Transportation
23 U.S.C. 113(c).
which have been
in accordance with
(0) Every person performing the duties of a laborer
or mechanic in the construction, prosecution, completion, or
repair of a public building or public work, or building or work
fi nanced in whol e or in part by loans, grants, or guarantees
from the United States is "employed" regardless of any con-
tractual relationship alleged to exist between the contractor
and such person.
(p) The term "wages" means the basic hourly rate of
pay; any contribution irrevocably made by a contractor or sub-
contractor to a trustee or to a thi rd person pursuant to a
bona fi de fri nge benefi t fund, pl an, or program; and the rate
of costs to the contractor or subcontractor which may be
reasonably anticipated in providing bona fide fringe benefits
to laborers and mechanics pursuant to an enforceable commitment
to carry out a financially responsible plan of program, which
was communicated in writing to the laborers and mechanics
affected. The fri nge benefi ts enumerated in the Davi s-Bacon
Act include medical or hospital care, pensions on retirement or
death, compensation for injuries or illness resulting from
occupational activity, or insurance to provide any of the fore-
going; unemployment benefits; life insurance, disability
insurance, sickness insurance, or accident insurance; vacation
or hol i day pay; defrayi ng costs of apprenti ceshi p or other
similar programs; or other bona fide fringe benefits. Fringe
benefits do not include benefits required by other Federal,
State, or local law.
(q) The term "wage determination" includes the
original decision and any subsequent decisions modifying,
supersedi ng, correcti ng, or otherwi se changi ng the provi si ons
of the original decision. The application of the wage
determination shall be in accordance with the provisions of 1.6
of this title.
5.3 - 5.4 [Reserved)
5.5 Contract Provisions and Related Matters
(a) The Agency head shall cause or require the
contracting officer to insert in full in any contract in excess
of $2,000 which is entered into for the actual construction,
alteration and/or repair, including painting and decorating, of
a public building or public work, or building or worK financed
in whole or in part from Federal funds or in accordance with
guarantees of a Federal agency or financed from funds obtained
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by pledge of any contract of a Federal agency to make a loan,
grant or annual contribution (except where a different meaning
is expressly indicated), and which is subject to the labor
standards provi si ons of any of the acts 1 i sted in 5.1, the
following clauses (or any modifications thereof to meet the
particular needs of the agency, provided, that such modifica-
tions are first approved by the Department of Labor);
(1) Minimum wages. (i) All laborers and
mechani cs employed or work i ng upon the site of the work (or
under the United States Housing Act of 1937 or under the
Housing Act of 1949 in the construction or development of the
project), will be paid unconditionally and not less often than
once a week, and wi thout subsequent deducti on or rebate on any
account [except such payroll deducti ons as are permi tted by
regulations issued by the Secretary of Labor under the Copeland
Act (29 CFR Part 3)), the full amount of wages and bona fide
fringe benefits (or cash equivalents thereof) due at time of
payment computed at rates not less than those contained in the
wage determination of the Secretary of Labor which is attached
hereto and made a part hereof, regardless of any contractual
relationship which may be alleged to exist between the
contractor and such laborers and mechanics. Contributions made
or costs reasonably anticipated for bona fide fringe benefits
under section l(b)(2) of the Davis-Bacon Act on behalf of
laborers or mechanics are considered wages paid to such
1 aborers or mechani cs, subject to the provi si ons of paragraph
(a)(1)(iv) of this section; also, regular contributions made or
costs incurred for more than a weekly period (but not less
often then quarterly) under plans, funds, or programs which
cover the particular weekly period, are deemed to be construct-
ively made or incurred during such weekly period. Such
laborers and mechanics shall be paid the aapproximate wage rate
and fringe benefits on the wage determination for the class-
ification of work actually performed, without regard to skill,
except as provided in 5.5(a)(4). Laborers or mechanics perform-
ing work in more than one classification may be compensated at
the rate specified for each classification for the time
actually worked therein: provided, that the employer's payroll
records accurately set forth the time spent in each classifica-
tion in which work is performed. The wage determination
(including any additional classification and wage rates
conformed under paragraph (a) (1) (i i) of thi s secti on) and the
Davis-Bacon poster (WH-1321) shall be posted at all times by
the contractor and its subcontractors at the site of the work
in a prominent and accessible place where it can be easily seen
by the workers.
(ii)(A) The contracting officer shall
require that any class of laborers or mechanics which is not
listed in the wage determination and which is to be employed
under the contract shall be classified in conformance with the
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wage determination. The contracting officer shall approve an
additional classification and wage rate and fringe benefits
therefor only when the following criteria have been met:
(1) The work to be perform-
ed by the classification requested is not performed by a
classification in the wage determination; and
(2) The classification is
utilized in the area by the construction industry; and
(3) The proposed wage rate,
including any bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the wage determin-
a t'i on.
(B) If the contractor and the
laborers and mechanics to be employed in the classification (if
known), or their representatives, and the contracting officer
agree on the classification and wage rate (including the amount
desi gnated for fri nge benefi ts where appropri ate), a report of
the action taken shall be sent by the contacting officer to the
Administrator of the Wage and Hour Division, Employment
Standards Administration, U.S. Department of Labor, Washington,
D.C. 20210. The Administrator, or an authorized represent-
ative, will approve, modify, or disapprove every additional
classification action within 30 days of receipt and so advise
the contracting officer or will notify the contracting officer
within the 30-day period that additional time is necessary.
(Approved by the Offi ce of Management and Budget under OMB
control number 1215-0140.)
(C) In the event the contractor,
the laborers or mechanics to be employed in the classification
or thei r representati ves, and the contracti ng offi cer do not
agree on the proposed classification and wage rate (including
the amount designated for fringe benefits, where appropriate),
the contracti ng offi cer shall refer the questi ons, i ncl udi ng
the views of all interested parties and the recommendation of
the contracti ng offi cer, to the Admi ni strator for
determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of
recei pt and so advi se the contracti ng offi cer or wi 11 noti fy
the contracting officer within the 30-day period that addition-
al time is necessary. (Approved by the Office of Management and
Budget under OMB control number 1215-0140.)
lD) The wage rate (including
fringe benefits where appropriate) determined pursuant to sub-
paragraphs (l)(b) or (C) of this paragraph, shall be paid to
all workers performing work in the classification under this
contract from the first day on which work is performed in the
classification.
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(iii) Whenever the minimum
wage rate prescribed in the contract for a class of laborers or
mechanics includes a fringe benefit which is not expressed as
an hourly rate, the contractor shall ei ther pay the benefi t as
stated in the wage determination or shall pay another bona fide
fringe benefit or an hourly cash equivalent thereof.
(i v) If the contractor does
not make payments to a trustee or other thi rd person, the
contractor may consider as part of the wages of any laborer or
mechanic the amount of any costs reasnably anticipated in
provi di ng bona fi de fri nge benefi ts under a pl an or program,
provi ded, that the Secretary of Labor has found, upon the
wrltten request of the contractor, that the appl i cabl e
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. (Approved by the Offi ce of Management and Budget
under OMB Control number 1215-0140.)
(2) Withholding. The (write in name of Federal
Agency or the -loan or grant recipient) shall upon its own
action or upon written request of an authorized representative
of the Department of Labor wi thhol d or cause to be wi thhel d
from the contractor unGer thi s contract or any other Federal
contract wi th the same pri me contractor, or any other
Federally-assisted contract subject to Davis-Bacon prevailing
wage requirements, which is held by the same prime contractor,
so much of the accrued payments or advances as may De
consi dered necessary to pay 1 aborers and mechani cs, i ncl udi ng
apprentices, trainees, and helpers, employed by the contractor
or any subcontractor the full amount of wages requi red by the
contract. In the event of fai 1 ure to pay any 1 aborer or
mechanic, including any apprentice, trainee, or helper,
employed or working on the site of the work (or under the
united States Housing Act of 1937 or under the Housing Act of
1949 in the construction or development of the project), all or
part of the wages required by the contract, the (Agency) may,
after written notice to the contractor, sponsor, applicant, or
owner, take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of
funds until such violations have ceased.
(3) Payrolls and basic records. (i) Payrolls
and basic records relating thereto shall be maintained by the
contractor duri ng the course of the work and preserved for a
period of three years thereafter for all laborers and mechanics
working at the site of the work (or under the United States
Housing Act of 1937, or under the Housing Act of 1949, in the
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construction or development of the project). Such records
shall contain the name, address, and social security number of
each such worker, his or her correct classification, hourly
rates of wages paid (including rates of contributions or costs
anticipated for bona fide fringe benefits or cash equivalents
thereof of the types described in section l(b)(2)(B) of the
Davis-Bacon Act), daily and weekly number of hours worked,
deductions made and actual wages paid. Whenever the Secretary
of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of
any laborer or mechanic include the amount of any costs
reasonably anticipated in providing benefits under a plan or
program described in section l(b)(2)(B) of the Davis-Brown Act,
the contractor shall maintain records which show that the
commitment to provide such benefits is enforceable, that the
plan or program is financially responsible, and' that the plan
or program has been communicated in writing to the laborers or
mechanics affected, and records which show the costs
anticipated or the actual cost incurred in providing such
benefits. Contractors employing apprentices or trainees under
approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of
trainee programs, the registration of the apprentices and
trainees, and the ratios and wage rates prescribed in teh
applicable programs. (Approved by the Office of Management and
Budget under OMB control numbers 1215-0140 and 1215-0017.)
(i i )(A) The contractor shall
submi t week 1 y for each week in whi ch any contract work is
performed a copy of all payrolls to the (write in name of
appropriate Federal agency) if the agency is a party to the
contract, but if the agency is not such a party, the contractor
will submit the payrolls to the applicant, sponsor, or owner,
as the case may be, for transmi ssi on to the (wri te in name of
agency). The payrolls submitted shall set out accurately and
completely all of the information required to be maintained
under 5.5(a)(3)(il of Regulations, 29 CFR Part 5. This infor-
mation may be submitted in any form desired. Optional Form
WH-347 is available for this purpose and may be purchased from
the Superintendent of Ducuments (Federal Stock Number
029-005-00014-1), U. S. Government Pri nti ng Offi ce, Washi ngton,
D.C. .20402. The prime contractor is responsible for the
submission of copies of payrolls by all subcontractors.
(Approved by the Offi ce of Management and Budget under OMB
control number 1215-0149.)
(B) Each payroll submit-
ted shall be accompanied by a "Statement of Compliance", signed
by the contractor or subcontractor or his or her agent who pays
or supervi ses the payment of the persons employed under the
contract and shall certify the following:
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(1) That the pay-
roll for the payroll period contains the information required
to be maintained under 5.5(a)(3)(i) of Regulations, 29 CFR Part
5 and that such information is correct and complete;
(2 )
That each
laborer or mechanic (including each helper, apprentice, and
trainee) employed on the contract during the payroll period has
been apid the full weekly wages earned, without rebate, either
directly or indirectly, and that no deductions have been made
either directly or indirectly from the full wages earned, other
than permissible deductions as set forth in Regulations, 29 CFR
Part 3;
(3) That each
laborer or mechanic has been paid not less than the applicable
wage rates and fringe benefits or cash equivalents for the
classification of work performed, as specified in the
applicable wage determination incorporated into the contract.
(C) The weekly
submission of a properly executed certification set forth on
the reverse side of Optional Form WH-347 shall satisfy the
requirement for submission of the "Statement of Compliance"
required by paragraph (a)(3)(ii)(B) of this section.
(D) The falsifica-
certifications may subject the
to civil or criminal prosecution
18 and Section 231 of Title 31 of
tion of any of the above
contractor or subcontractor
under Section 1001 of Title
the United States Code.
(i i i) The contractor or sub-
contractor shall make the records required under paragraph
(a)(3)(i) of this section available for inspection, copying, or
transcription by authorized representatives of the (write the
name of the agency) or the Department of Labor, and shall
permit such representatives to interview employees during
working hours on the job. If the contractor or subcontractor
fails to submit the required records or to make them available,
the Federal agency may, after written notice to the contractor,
sponsor, applicant, or owner, take such action as may be
necessary to cause the suspension of any further payment,
advance, or guarantee of funds. Furthermore, failure to submit
the required records upon request or to make such records
ava i 1 abl e may be grounds for debarment acti on pursuant to 29
CFR 5.12.
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(4) Apprentices and Trainees (i) Apprentices.
Apprenti ces wi 11 be permi tted to work at 1 ess than the prede-
termined rate for the work they performed when they are employ-
ed pursuant to and individually registered in a bona fide
apprenticeship program registered with the U.S. Department of
Labor, Employment and Training Administration, Bureau of
Apprenticeship and Training, or with a State Apprenticeship
Agency recogni zed by the Bureau, or if a person is employed in
hi s or her fi rst 90 days of probati onary employment as an
apprentice in such an apprenticeship program, who is not
individually registered in the program, but who has been
certi fi ed by the Bureau of Apprenti ceshi p and Tra i ni ng or a
State Apprenticeship Agency (where appropriate) to be eligible
for probati onary employment as an apprenti ce. The all owabl e
ratio of apprentices to journeymen on the job site in any craft
classification shall not be greater than the ratio permitted to
the contractor as to the entire work force under the registered
program. Any worker listed on a payroll at an apprentice wage
rate, who is not registered or otherwise employed as stated
above, shall be paid not less than the applicable wage rate on
the wage determination for the classification of work actually
performed. In addition, any apprentice performing work on the
job site in excess of the ratio permitted under the registered
program shall be paid not less than the applicable wage rate on
the wage determination for the work actually performed. Where
a contractor is performi ng constructi on on a project in a
locality other than that in which its program is registered,
the rati os and wage rates (expressed in percentages of the
journeyman's hourly rate) specified in the contractor's or
subcontractor's regi stered program shall be observed. Every
apprentice must be paid at not less than the rate specified in
the registered program for the apprentice's level of progress,
expressed as a percentage of the journeymen hourly rate
specified in the applicable wage determination. Apprentices
shall be paid fringe benefits in accordance with the provisions
of the apprenticeship program. If the apprenticeship program
does not specify fringe benefits, apprentices must be paid the
full amount of fri nge benefi ts 1 i sted on the wage determi na-
tion for the applicable classification. If the Administrator
determi nes that a different practice prevai 1 s for the
applicable aapprentice classification, fringes shall be paid in
accordance with that determination. In the event the Bureau of
Apprenticeship and Training, or a State Apprenticeship Agency
recognized by the Bureau, withdraws approval of an apprentice-
shi p program, the contractor wi 11 no longer be permi tted to
utilize apprentices at less than the applicable predetermined
rate for the work performed unti 1 an acceptabl e program is
approved. .
(ii) Trainees. Except as provided
in 29 CFR 5.16, trainees will not be permitted to work at less
than the predetermined rate for the work performed unless they
are employed pursuant to and individually registered in a
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program which has received prior approval, evidenced by formal
certification by the U.S. Department of Labor, Employment
and Training Administration. The ratio of trainees to journey-
men on the job site shall not be greater than permitted under
the plan approved by the Employment and Training Administra-
tion. Every trainee must be paid at not less than the rate
specified in the approved program for the trainee's level of
progress, expressed as a percentage of the journeyman hourly
rate specified in the applicable wage determination. Trainees
shall be paid fringe benefits in accordance with the provisions
of the trainee program. If the trainee program does not
mention fringe benefits, trainees shall be paid the full amount
of fringe benefits listed on the wage determination unless the
Administrator of the Wage and Hour Division determines that
there is an apprenticeship program associated with the corres-
pondi ng journeyman wage rate on the wage determi nati on whi ch
provi des for 1 ess than full fri nge benefi ts for apprenti ces.
Any employee listed on the payroll at a trainee rate who is not
registered and participating in a training plan approved by the
Employment and Training Administration shall be paid not less
than the applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any
trainee performing work on the job site in excess of the ratio
permitted under the registered program shall be paid not less
than the applicable wage rate on the wage determination for the
work actually performed. In the event the Employment and
Training Administration withdraws approval of a training pro-
gram, the contractor wi 11 no longer be permi tted to util i ze
trainees at less than the applicable predetermined rate for the
work performed until an acceptable program is approved.
(iii) Equal Employment Opportunity -
The uti 1 i zati on of apprenti ces, trainees and journeymen under
this part shall be in conformity with the equal employment
opportunity requirements of Executive Order 11246, as amended,
and 29 CFR Part 30.
(5) Compliance With Copeland Act Requirements
The contractor shall comply with the requirements of 29 CFR
Part 3, which are incorporated by reference in this contract.
(6) Subcontracts - The contractor or subcontract-
or shall insert in any subcontracts the clauses contained in 29
CFR 5.5(a)(I) through (10) and such other clauses as the (write
in the name of the Federal agency) may by appropriate instruct-
ions require, and also a clause requiring the subcontractors to
include these clauses in any lower tier subcontracts. The
prime contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all the contract
clauses in 29 CFR 5.5.
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(7) Contract Termination: Debarment - A breach of
the contract clause in 29 CFR 5.5 may be grounds for termina-
ti on of the contract, and for debarment as a contractor and a
subcontractor as provided in 29 CFR 5.12.
( 8 )
Compl i ance wi th Davi s-Bacon and Rel ated Act
All rul i ngs and i nterpretati ons of the
Related Acts contained in 29 CFR Parts 1,3,
incorporated by reference in this contract.
Requirements
Davi s-Bacon and
and 5 are herein
(9) Disputes Concerning Labor Standards
Disputes arising out of the labor standards provisions of this
contract shall not be subject to the general disputes clause of
this contract. Such disputes shall be resolved in accordance
with the procedures of the Department of Labor set forth in 29
CFR Parts 5, 6, and 7. Di sputes wi thi n the meani ng of thi s
clause include disputes between the contractor (or any of its
subcontractors) and the contracti ng agency, the U. S.
Department of Labor, or the employees or their representatives.
(10) Certification of Eligibility - (i) By enter-
ing into this contract the contractor certifies that neither it
(nor he or she) nor any person or firm who has an interest in
the contractor's firm is a person or firm ineligible to be
awarded Government contracts by virtue of section 3(a) of the
Davis-Bacon Act or 29 CFR 5.12(a}(I).
(ii) No part of this contract shall be
subcontracted to any person or firm ineligible for award of a
Government contract by virtue of section 3(a) of the
Davis-Bacon Act or 29 CFR 5.12(a)(I).
(iii) The penalty for making false
statements is prescribed in the U.S. Criminal Code, 18 U.S.C.
1001.
(b) Contract Work Hours and Safety Standards Act
The Agency Head shall cause or require the contracting officer
to insert the following clauses set forth in paragraphs (b) (1) ,
(2), . (3), and (4) of this section in full in any contract
subject to the overtime provi si ons of the Contract Work Hours
and Safety Standards Act. These clauses shall be inserted in
addition to the clauses required by 5.5(a) or 4.6 of Part 4 of
this title. As used in this paragraph, the terms "laborers" and
"mechanics" include watchmen and guards.
(I) Overtime Requirements No contractor or
subcontractor contracti ng for any part of the contract work
which may require or involve the employment of laborers or
mechanics shall require or permit any such laborer or mechanic
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in any workweek in which he or she is employed on such work to
work in excess of forty hours in such workweek unl ess such
laborer or mechanic receives compensation at a rate not less
than one and one-half times the basic rate of pay for all hours
worked in excess of forty hours in such workweek.
(2) Violation: Liability for Unpaid Wages:
Liquidated Damages I n the event of any vi 01 ati on of the
cl ause set forth in paragraphs (b) (1) of thi s secti on the
contractor and any subcontractor responsible therefor shall be
liable for the unpaid wages. In addition, such contractor and
subcontractor shall be liable to the United States (in the case
of work done under contract for the District of Columbia or a
te~ritory, to such District or to such territory), for
liquidated damages. Such liquidated damages shall be computed
with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the clause set
forth in paragraph (b)(ll of this section, in the sum of $10
for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty
hours wi thout payment of the overti me wages requi red by the
clause set forth in paragraph (b) (1) of this section.
(3) Withholding for Unpaid Wages and Liquidated
Damages - The (write in the name of the Federal agency or the
loan or grant recipient) shall upon its own action or upon
written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from any
moneys payable on account of work performed by the contractor
or subcontractor under any such contract or any other Federal
contract wi th the same pri me contractor, or any other
Federally- assisted contract subject to the Contract Work Hours
and Safety Standards Act, which is held by the same prime
contractor, such sums as may be determi ned to be necessary to
satisfy any liabilities of such contractor or subcontractor for
unpaid wages and liquidated damages as provided in the clause
set forth in subparagraph (2) of this paragraph.
(4) Subcontracts - The contractor or subcontract-
or shall insert in any subcontracts the clauses set forth in
subparagraph (1) through (4) of this paragraph and also a
clause requiring the subcontractors to include these clauses in
any lower ti er subcontracts. The pri me contractor shall be
responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in subparagraphs (1)
through (4) of this paragraph.
(c) In addition to the clauses contained in paragraph
(b), in any contract subject onl y to the Contract Work Hours
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and Safety Standards Act and not to any of the other statutes
ci ted in 5.1, the Agency head shall cause or requi re the
contracting officer to insert a clause requiring that the
contractor or subcontractor shall maintain payrolls and basic
payroll records during the course of the work and shall
preserve them for a period of three years from the completion
of the contract for all laborers and mechanics, including
guards and watchmen, working on the contract. Such records
shall contain the name and address of each such employee,
social security number, correct classification, hourly rates of
wages paid, daily and weekly number of hours worked, deduct-
ions made, and actual wages paid. Further, the Agency Head
shall cause or require the contracting officer to insert in any
such contract a clause providing that the records to be
maintained under this paragraph shall be made available by the
contractor or subcontractor for i nspecti on, copyi ng, or
transcription by authorized representatives of the (write the
name of agency) and the Department of Labor, and the contractor
or subcontractor will permit such representatives to interview
emp 1 oyees duri ng working hour s on the job. (Approved by the
Office of Management and Budget under OMB control numbers
1215-0140 and 1215-0017.)
5.6 Enforcement
(a)(1) It shall be the responsibility of the Federal
agency to ascertain whether the clauses required by 5.5 have
been inserted in the contracts subject to the labor standards
provisions of the Acts contained in 5.1. Agencies which do not
directly enter into such contracts shall promulgate the
necessary regulations or procedures to require the recipient of
the Federal assistance to insert in its contracts the
provisions of 5.5. No payment, advance, grant, loan, or
guarantee of funds shall be approved by the Federal agency
unless the agency insures that the clauses required by 5.5 and
the appropri ate wage determi nati on of the Secretary of Labor
are contained in such contracts. Furthermore, no payment,
advance, grant, loan, or guarantee of funds shall be approved
by the Federal agency after the beginning of construction
unless there is on file with the agency a certification by the
contractor that the contractor and its subcontractors have
complied with the provisions of 5.5 or unless there is on file
with the agency a certification by the contractor that there is
a substantial dispute with respect to the required provisions.
(2) Payrolls and Statements of Compliance
submitted pursuant to 5.5(a)(3)(ii) shall be preserved by the
Federal agency for a peri od of 3 years from the date of
completion of the contract and shall be produced at the request
of the Department of Labor at any time duri ng the 3-year
period.
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(3) The Federal agency shall cause such
investigations to be made as may be necessary to assure
compliance with the labor standards clauses required by 5.5 and
the applicable statutes listed in 5.1. Investigations shall be
made of all contracts with such frequency as may be necessary
to assure compliance. Such investigations shall include
interviews with employees, which shall be taken in confidence.
and examinations of payroll data and evidence of registration
and certi fi cati on wi th respect to apprenti ceshi p and trai ni ng
plans. In making such examinations, particular care shall be
taken to determine the correctness of classifications and to
determi ne whether there is a di sproporti onate employment of
laborers and of apprentices or trainees registered in approved
programs. Such investigations shall also include evidence of
fri nge benefi t pl ans and payments thereunder. Compl ai nts of
alleged violations shall be given priority.
(4) In accordance with normal operating
procedures, the contracting agency may be furnished various
investigatory material from the investigation files of the
Department of Labor. None of the material, other than compu-
tations of baCK wages and liquidated damages and the summary of
back wages due, may be disclosed in any manner to anyone other
than Federal officials charged with administering the contract
or program providing Federal assistance to the contract,
without requestng the permission and views of the Department of
Labor.
(5) It is the po 1 i cy of the Department of Labor
to protect the identity of its confidential sources and to
prevent an unwarranted invasion of personal privacy.
Accordingly, the identity of an employee who makes a written or
oral statement as a complaint or in the course of an investiga-
tion, as well as portions of the statement which would reveal
the employee's identity, shall not be disclosed in any manner
to anyone other than Federal officials without the prior
consent of the employee. Disclosure of employee statements
shall be governed by the provisions of the "Freedom of
Information Act" (5 U.S.C. 552, see CFR Part 70) and the
"Privacy Act of 1974" (5 U.S.C. 552a).
(b) The Administrator shall cause to be made such
investigations as deemed necessary, in order to obtain c'ompli-
ance with the labor standards provisions of the applicable
statutes listed in 5.1, or to affirm or reject the recommenda-
tions by the Agency Head with respect to labor standards
matters arising under the statutes listed in 5.1. Federal
agencies, contractors, subcontractors, sponsors, applicants, or
owners shall cooperate with any authorized representative of
the Department of Labor in the inspection of records, in inter-
views with workers, and in all other aspects of the investiga-
tions. The findings of such an investigation, including
amounts found due. may not be altered or reduced without the
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appro va 1 of the Department of Labor. Where the underpayments
disclosed by such an investigation total $1,000 or more, where
there is reason to believe that the violations are aggrevated
or willful (or, in the case of the Davis-Bacon Act, that the
contractor has disregarded its obligations to employees and
subcontractors), or where liquidated damages may be assessed
under the Contract Work Hours and Safety Standards Act, the
Department of Labor will furnish the Federal agency an
enforcement report detailing the labor standards violations
disclosed by the investigation and any action taken by the
contractor to correct the vi 01 ati ve practi ces, i ncl udi ng any
payment of back wages. In other circumstances, the Federal
agency will be furnished a letter of notification summarizing
the findings of the investigation.
5.7 Reports to the Secretary of Labor
(a) Enforcement Reports. (1) Where underpayments by a
contractor or subcontractor total 1 ess than $1,000, and where
there is no reason to believe that the violations are
aggregated or willful (or, in the case of the Davis-Bacon Act
that the contractor has di sregarded its obl i gati ons to
employees and subcontractors), and where restitution has been
effected and future compliance assured, the Federal agency need
not submit its investigative findings and recommendations to
the Administrator, unless the investigation was made at the
request of the Department of Labor. In the latter case, the
Federal agency shall submit a factual summary report detailing
any violations including any data on the amount of restitution
paid, the number of workers who received restitution,
liquidated damages assessed under the Contract Work Hours and
Safety Standards Act, corrective measures taken (such as
"letters of notice"), and any information that may be necessary
to review any recommendations for an appropriate adjustment in
liquidated damages under 5.8.
(2) Where underpayments by a contractor or
subcontractor total $1,000 or more, or where there is reason to
believe that the violations are aggravated or willful (or, in
the ~ase of the Davis-Bacon Act, that the contractor has
disregarded its obligations to employees and subcontractors),
the Federal agency shall furnish within 60 days after comple-
tion of its investigation, a detailed enforcement report to the
Administrator.
(b) Semi-annual Enforcement Reports - To assist
the Secretary in fulfiling the responsibilities under
Reorganization Plan No. 14 of 1950, Federal agencies shall
furnish to the Administrator by April 30 and October 31 of each
calendar year semi-annual reports on compliance with and
enforcement of the 1 abor standards provi si ons of the
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94 S~
Davi s-Bacon Act and its rel ated acts coveri ng the peri ods of
October 1 through March 31, and Apri 1 1 through September 30,
respectively. Such reports shall be prepared in the manner
prescribed in memoranda issued to Federal agencies by the
Administrator. This report has been cleared in accordance with
FPMR 101-11.11 and assi gned interagency report control number
1482-DOL-SA.
(c) Additional Information Upon request, the
Agency Head shall transmit to the Administrator such infor-
mation available to the Agency with respect to contractors and
subcontractors, their contracts, and the nature of the contract
work as the Admi ni strator may fi nd necessary for the
performance of hi s or her duti es wi th respect to the 1 abor
standards provisions referred to in this part.
(d) Contract Termination Where a contract is
terminated by reason of violations of the labor standards
provisions of the statutes listed in 5.1, a report shall be
submitted promptly to the Administrator and to the Comptroller
General (if the contract is subject to the Davis-Bacon Act),
giving the name and address of the contractor or subcontractor
whose ri ght to proceed has been termi nated, and the name and
address of the contractor or subcontractor, if any, who is to
complete the work, the amount and number of the contract, and
the description of the work to be performed.
5.8 L i qui date:. Damages Under the Contract Work Hours and
Safety Standards Act
(a) The Contract Work Hours and Safety Standards
Act requires that laborers or mechanics shall be paid wages at
a rate not less than one and one-half times the basic rate of
pay for all hours worked in excess of forty hours in any
workweek. In the event of violation of this provision, the
contractor and any subcontractor shall be liable for the unpaid
wages and in addition for liquidated damages, computed with
respect to each laborer or mechanic employed in violation of
the Act in the amount of $10 for each calendar day in the
workweek on which such individual was required or permitted to
work in excess of forty hours wi thout payment of requi red
overtime wages. Any contractor or subcontractor aggrieved by
the wi thhol di ng of 1 i qui dated damages shall have the ri ght to
appeal to the head of the agency of the United States (or the
territory of District of Columbia, as appropriate) for which
the contract work was performed or for which financial
assistance was provided.
b) Findings and Recommendations of the Agency Head
The Agency Head has the authority to review the
administrative determination of liquidated damages and to issue
a final order affirming the determination. It is not necessary
to seek the concurrence of the Admi ni strator, but the
Administrator shall be advised of the action taken. Whenever
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the Agency Head finds that a sum of liquidated damages
administratively determined to be due is incorrect or that the
contractor or subcontractor violated inadvertently the
provisions of the Act notwithstanding the exercise of due care
upon the part of the contractor or subcontractor involved, and
the amount of the liquidated damages computed for the contract
is in excess of $500, the Agency Head may make recommendations
to the Secretary that an appropri ate adjustment in 1 i qui dated
damages be made or that the contractor or subcontractor be
relieved of liability for such liquidated damages. Such
findings with respect to liquidated damages shall include
fi ndi ngs wi th respect to any wage underpayments for whi ch the
liquidated damages are determined.
(c) The recommendations of the Agency Head for
adjustment or relief from liquidated damages under paragraph
(a) of this section shall be reviewed by the Administrator or
an authorized representative who shall issue an order
concurring in the recomendations, partially, concurring in the
recommendations, or rejecting the recommendations, and the
reasons therefor. The order shall be the final decision of the
Department of Labor, unless a petition for review is filed
pursuant to Part 7 of this title, and the Wage Appeals Board in
its discretion reviews such decision and order, or, with
respect to contracts subject to the Service Contract Act,
unless petition for review is filed pursuant to Part 8 of this
title, and the Board of Service Contract Appeals in its
discretion reviews such decision and order.
(d) Whenever the Agency Head finds that a sum of
liquidated damages administratively determined to be due under
section 104(a) of the Contract Work Hours and Safety Standards
Act for a contract is $500 or 1 ess and the Agency Head fi nds
that the sum of 1 i qui dated damages is incorrect or that the
contractor or subcontractor violated inadvertently the
provisions of the Contract Work Hours and Safety Standards Act
notwithstanding the exercise of due care upon the part of the
contractor or subcontractor involved, an appropriate
adjustment may be made in such liquidated damages or the
contractor or subcontractor may be rel i eved of 1 i abi 1 i ty for
such liquidated damages without submitting recommendations to
thi s effect or a report to the Department of Labor. Thi s
delegation of authority is made under section 105 of the
Contract Work Hours and Safety Standards Act and has been found
to be necessary and proper in the publ i c interest to prevent
undue hardship and to avoid serious impairment of the conduct
of Government business.
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5.9 Suspension of Funds
In the event of failure or refusal of the contractor
or any subcontractor to comply with the labor standards clauses
contained in 5.5 and the applicable statutes listed in 5.1 the
Federal agency, upon its own action or upon written request of
an authorized representative of the Department of Labor, shall
take such action as may be necessary to cause the suspension of
the payment, advance or guarantee of funds until such time as
the violations are discontinued or until sufficient funds are
withheld to compensate employees for the wages to which they
are entitled and to cover any liquidated damages which may be
due.
5.10 Restitution, Criminal Action.
(a) In cases other than those forwarded to the
Attorney General of the United States under paragraph (b), of
thi s secti on, where vi 01 ati ons of the 1 abor standards cl auses
contained in 5.5 and the applicable statutes listed in 5.1
result in underpayment of wages to employees, the Federal
agency or an authori zed representati ve of the Department of
Labor shall request that restitution be made to such employees
or on their behalf to plans, funds, or programs for any type of
bona fide fringe benefits within the meaning of section l(b)(2)
of the Davis-Bacon Act.
(b) I n cases where the Agency Head or the
Administrator finds substantial evidence that such violations
are willful and in violation of a criminal statute, the matter
shall be forwarded to the Attorney General of the United States
for prosecution if the facts warrant. In all such cases the
Administrator shall be informed simultaneously of the action
taken.
5.11 Disputes Concerning Payment of Wages
(al This section sets forth the procedure for
resol uti on of di sputes of fact or 1 aw concerni ng payment of
prevailing wage rates, overtime pay, or proper classification.
The procedures in this section may be initiated upon the
Administrator's own motion, upon referral of the dispute by a
Federal agency pursuant to 5.5(a)(9), or upon request of the
contractor or subcontractor(s).
(bl<ll In the event of a dispute described in
paragraph (a) of this sectiOn in which it appears that relevant
facts are at issue, the Administrator will notify the affected
contractor and subcontractor(s) (if any). by registered or
certified mail to the last known address, of the investigation
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findings. If the Administrator determines that there is
reasonable cause to believe that the contractor and/or
subcontractor(s) should also be subject to debarment under the
Davis-Bacon Act or 5.12(a)(I), the letter will so indicate.
(2) A contractor and/or subcontractor
desiring a hearing concerning the Administrator's investigative
findings shall request such a hearing by letter postmarked
within 30 days of the date of the Administrator's letter. The
request shall set forth those findings which are in dispute and
the reasons therefor, including any affirmative defenses, with
respect to the violations and/or debarment, as appropriate.
(3) Upon receipt of a timely request for a
hearing, the Administrator shall refer the case to the Chief
Administrative Law Judge by Order of Reference, to which shall
be attached a copy of the 1 etter from the Admi ni strator and
response thereto, for designation of an Administrative Law
Judge to conduct such hearings as may be necessary to ~esolve
the disputed matters. The hearing shall be conducted in
acco~dance with the procedures set forth in 29 CFR Part 6.
(c)(ll In the event of a dispute described in
paragraph (a) of this section in which it appears that there
are no relevant facts at issue, and where there is not at that
time reasonable cause to institute deba~ment proceedings under
5.12, the Administrator shall notify the contractor and sub-
contractor(s) (if any), by registered or certified mail to the
last known address, of the investigation findings, and shall
issue a ruling on any issues of law known to be in dispute.
(2)(i) If the contractor and/or sub-
contractor(s) disagree with the factual findings of the
Administrator or believe that there are relevant facts in
dispute, the contractor or subcontractor(s) shall so advise the
Administrator by letter postmarked within 30 days of the
Administrato~'s letter. In the response, the contractor and/or
subcontractor(s) shall explain in detail the facts alleged to
be in' dispute and attach any supporting dosumentation.
(ii) Upon receipt of a response under
paragraph (c)(2)(i) of this section alleging the existence of a
factual dispute, the Administrator shall examine the informa-
tion submitted. If the Administrator determines that there is a
relevant issue of fact, the Administrator shall refer the case
to the Chief Administrative Law Judge in accordance with
paragraph (b)(3) of this section. If the Administrator deter-
mi nes that there is no rel evant issue of fact, the
Admi ni strator shall rul e and advi se the contractor and
subcontractor(s) (if any) accordingly.
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(3) If the contractor and/or
subcontractor(s) desire review of the ruling issued by the
Administrator under paragraph (c)(ll or (2) or this section,
the contractor and/or subcontractor(s) shall file a petition
for review thereof with the Wage Appeals Board within 30 days
of the date of the rul i ng, wi th a copy thereof the
Administrator. The petition for review shall be filed in
accordance with Part 7 of this title.
(dl If a timely response to the Administrator's
findings or ruling is not made or a timely petition for review
is not filed, the Administrato's findings and/or ruling shall
be fi na 1, except that wi th respect to debarment under the
Davis-Bacon Act, the Administrator shall advise the Comptroller
General of the Administrator's recommendation in accordance
with 5.12(a)(ll. If a timely response or petition for review
is filed, the findings and/or ruling of the Administrator shall
be inoperative unless and until the decision is upheld by the
Administrative Law Judge or the Wage Appeals Board.
5.12 Debarment Proceedings.
(a) (1) Whenever any contractor or subcontractor is
found by the Secretary of Labor to be in aggrevated or willful
violation of the labor standards provisions of any of the
applicable statutes listed in 5.1 other than the Davis-Bacon
Act, such contractor or subcontractor or any firm, corporation.
partnershi p, or associ ati on in whi ch such' contractor or sub-
contractor has a substantial interest shall be ineligible for a
period not to exceed 3 years (from the date of publication by
the Comptroller General of the name or names of said contractor
or subcontractor on the ineligible list as provided below) to
recei ve any contracts or subcontracts subject to any of the
statutes listed in 5.1.
(2) In cases ar1S1ng under contracts
covered by the Davis-Bacon Act, the Administrator shall
transmi t to the Comptroll er General the names of the
contractors or subcontractors and their responsible officers,
if any (and any firms in which the contractors or
subcontractors are known to have an interest), who have been
found to have disregarded their obligations to employees, and
the recommendation of the Secretary of Labor or authorized
representative regarding debarment. The Comptroller General
will distribute a list to all Federal agencies giving the names
of such ineligible person or firms, who shall be ineligible to
be awarded any contract or subcontract of the United States or
the District of Columbia and any contract or subcontract
subject to the labor standards provisions of the statutes
1 i s ted in 5. 1.
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(b) (1) In addition to cases under which debarment
acti on is i ni ti ated pursuant to 5.11, whenever as a resul t of
an investigation conducted by the Federal agency or the
Department of Labor, and where the Admi ni strator fi nds
reasonable cause to believe that a contractor or subcontractor
has commi tted wi 11 ful or aggravated vi 01 ati ons of the 1 abor
standards provi si ons of any of the statutes 1 i sted in 5.1
(other than the Davis-Bacon Act), or has committed violations
of the Davis-Bacon Act which constitute a disregard of its
obligations to employees or subcontractors under section 3(a)
thereof, the Administrator shall ntoify by registered or
certified mail to the last known address, the contractor or
subcontractor and its responsible officers, if any (and any
fi rms in whi ch the contractor or subcontractor are known to
have a subs'tantial interest), of the finding. The
Administrator shall afford such contractor or subcontractor and
any other parties notified an opportunity for a hearing as to
whether debarment action should be taken under paragraph (a) (1)
of this section or section 3(a) of the Davis-Bacon Act. The
Administrator shall furnish to those notified a summary of the
investigative findings. If the contractor or subcontractor or
any other parties notified wish to request a hearing as to
whether debarment action should be taken, such a request shall
be made by letter postmarked within 30 days of the date of the
letter from the Administrator, and shall set forth any findings
whi ch are in di spute and the reasons therefor, i ncl udi ng any
affirmative defenses to be raised. Upon receipt of such
request for a heari ng, the Admi ni strator shall refer the case
to the Chief Administrative Law Judge by Order of Reference, to
which shall be attached a copy of the letter from the
Administrator and the response thereto, for designation of an
Admi ni strati ve Law Judge to conduct such heari ngs as may be
necessary to determine the matters in dispute. In considering
debarment under any of the statutes 1 i sted in 5.1 other than
the Davi s-Bacon Act, the Admi ni strati ve Law Judge shall issue
an order concerning whether the contractor or subcontractor is
to be debarred in accordance wi th paragraph (a) (I) of thi s
section. In considering debarment under the Davis-Bacon Act,
the Administrative Law Judge shall issue a recommendation as to
whether the contractor of subcontractor should be debarred
under section 3(a) of the Act.
(2) Hearings under this section shall be
conducted in accordance with 29 CFR Part 6. If no hearing is
requested wi thi n 30 days of recei pt of the 1 etter from the
Administrator, the Administrator's findings shall be final,
except with respect to recommendations regarding debarment
under the Davis-Bacon Act, as set forth in paragraph (a)(2) of
this section.
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(c) Any person or firm debarred under 5.12(a)(1)
may in writing request removal from the debarment list after
six months from the date of publication by the Comptroller
General of such person or firm's name on the ineligible list.
Such a request should be directed to the Administrator of the
Wage and Hour Di vi si on, Employment Standards Admi ni strati on,
U.S. Department of Labor, Washington, D.C. 20210, and shall
contai n a full expl anati on of the reasons why such person or
firm should be removed from the ineligible list. In cases
where the contractor or subcontractor failed to make full
restitution to all underpaid employees, a request for removal
will not be considered until such underpayments are made. In
all other cases, the Administrator will examine the facts and
circumstances surrounding the violative practices which caused
the debarment, and issue a deci sion as to whether or not such
person or firm has demonstrated a current responsibility to
comply with the labor standards provisions of the statutes
listed in 5.1, and therefore should be removed from the
ineligible list. Among the factors to be considered in
reaching such a decision are the severity of the violations,
the contractor or subcontractor's attitude towards compliance,
and the past compliance history of the firm. In no case will
such removal be effected unless the Administrator determines
after an investigation that such person or firm is in
compliance with the labor standards provisions applicable to
Federal contracts and Federally assisted constru.ction work
subject to any of the applicable statutes listed in 5.1 and
other 1 abor statutes provi di ng wage protecti on, such as t.he
Service contract Act, the Walsh-Healey Public Contracts Act,
and the Fair Labor Standards Act. If the request for removal is
denied, the person or firm may petition for review by the Wage
Appeals Board pursuant to 20 CFR Part 7.
(d)(ll Section 3(a) of the Davis-Bacon Act provides
that for a period of three years from date of publ ication on
the ineligible list, no contract shall be awarded to any
persons or firms placed on the list as a result of a finding by
the Comptroller General that such persons or firms have
di sre'garded obl i gati ons to employees and subcontractors under
that Act, and further, that no contract shall be awarded to
"any firm, corporation, partnership, or association in which
such persons or firms have an interest". Paragraph (a) (1) of
this section similarly provides that for a period not to exceed
three years from date of publication on the ineligible list, no
contract subject to any of the statutes listed in 5.1 shall be
awarded to any contractor or subcontractor on the i nel i gi bl e
list pursuant to that paragraph, or to "any firm, corporation,
partnership, or association" in which such contractor or
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subcontractor has a "substantial interest". A finding as to
whether persons or firms whose names appear on the ineligible
list have an interest (or a substantial interest, as
appropriate) in any other firm, corporation, partnership, or
association, may be made through investigation, hearing, or
otherwise.
(2)(i) The Administrator, on
motion or after receipt of a request for a
pursuant to paragraph (d)(3) of this section may
on the issue of interest (or substantial
appropr i ate) .
hi s/her own
determination
make a finding
interest, as
(i i) If the Admi ni strator determi nes
that there may be an interest (or substantial interest, as
appropriate), but finds that there is insufficient evidence to
render a final ruling thereon, the Administrator may refer the
issue to the Chi ef of Admi ni strati ve Law Judge in accordance
with paragraph (d)(4) of this section.
(iiil If the Administrator finds that
no interest (or substantial interest, as appropriate) exists,
or that there is not sufficient information to warrant the
i ni ti ati on of an i nvesti gati on, the requesti ng party, if any,
will be so notified and no further action taken.
(iv) If the Administrator finds that
an interest (or substantial interest, as appropriate) exists,
the person or firm affected will be notified of the
Administrator's finding (by certified mail to the last known
address), whi ch shall i ncl ude the reasons therefor, and such
person or firm shall be afforded an opportunity to request that
a hearing be held to render a decision on the issue.
(B) Such person or firm shall
have 20 days from the date of the Admi ni strator' s rul i ng to
request a hearing. A detailed statement of the reasons why the
Administrator's ruling is in error, including facts alleged to
be in di spute, if any, shall be submi tted wi th the request for
a hearing.
(C) If no hearing is request-
ed within the time mentioned in paragraph (d)(2)(iv)(B) of this
section, the Administrator's finding shall be final and the
Administrator shall so notify the Comptroller General. If a
hearing is requested, the ruling of the Administrator shall be
inoperative unless and until the administrative law judge or
the Wage Appeals Board issues an order that there is an
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interest (or substantial interest. as appropriate).
(3)(i) A request for a determination of
interest (or substantial interest. as apropriate). may be made
by any interested party. including contractors or prospective
contractors and associations of contractor's representatives of
employees. and interested Government agencies. Such a request
shall be submitted in writing to the Administrator. Wage and
Hour Division. Employment Standards Administration. U.S.
Department of labor. Washington. D.C. 20210.
(i) The request shall include a
statement setti ng forth in detai 1 why the peti ti oner bel i eves
that a person or fi rm whose name appears on the debarred
bidders list has an interest (or a substantial interest. as
appropriate) in any firm. corporation. partnership. or
association which is seeking or has been awarded a contract of
the United States or the district of Columbia. or which is
subject to any of the statutes 1 i sted in 5.1. No parti cul ar
form is prescribed for the submission of a request under this
section.
(4) Referral to the Chief Administrative Law
Judge. _ The Admi ni strator. on hi s/her own moti on under para-
graph (d)(2)(ii) of this section or upon a request for hearing
where the Administrator determines that relevant facts are in
dispute. will by order refer the issue to the Chief
Admi ni strati ve Law Judge. for desi gnati on of an Admi ni strati ve
Law Judge who shall conduct such heari ngs as may be necessary
to render a decision solely on the issue of interest (or
substantial interest. as appropriate). Such proceedings shall
be conducted in accordance with the procedures set forth at 29
CFR Part 6.
(5) Referral to the Wage Appeals Board. - If
the person or firm affected requests a hearing and the
Administrator determines that relevant facts are not in
dispute. the Administrator will refer the issue and the record
compiled thereon to the wage Appeals Board to render a decision
solelY on the issue of interest (or substantial interest. as
appropri ate). Such proceedi ngs shall be conducted in
accordance with the procedures set forth at 29 CFR Part 7.
5.13 Rulings and Interpretations.
All questions relating to the application and
interpretation of wage determinations (including the classi-
fications therein) issued pursuant to Part 1 of this subtitle.
of the rules containe~ in this part and in Parts 1 and 3. and
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of the labor standards provls1ons of any of the statutes listed
in 5.1 shall be referred to the Administrator for appropriate
ruling or interpretation. The rulings and interpretations
shall be authoritative and those under the Davis-Bacon Act may
be relied upon as provided for in section 10 of the
portal-to-portal Act of 1947 (29 U.S.C. 259). Requests for
such rulings and interpretations should be addressed to the
Admi ni strator. Wage and Hour Di vi si on. Employment Standards
Administration. U.S. Department of Labor. Washington. D.C.
20210.
5.14 Variations. Tolerances. and Exemptions from Parts 1 and 3
of this Subtitle and this Part.
The Secretary of Labor may make variations. tolerances.
and exemptions from the regulatory requirements of this part
and those of Parts 1 and 3 of thi s subti tl e whenever the
Secretary finds that such action is necessary and proper in the
publ i c interest or to prevent i njusti ce and undue hardshi p.
Variations. tolerances. and exemptions may not be made from the
statutory requirements of any of the statutes listed in 5.1
unless the statute specifically provides such authority.
5.15 Limitations. Variations. Tolerances. and Exemptions Under
the Contract Work Hours and Safety Standards Act.
(a) General. Upon his or her own initiative or upon the
request of any Federal agency. the Secretary of Labor may
provide under section 105 of the Contract Work Hours and Safety
Standards Act reasonable limitations and allow variations.
tolerances. and exemptions to and from any or all provisions of
that Act whenever the Secretary finds such action to be
necessary and proper in the public interest to prevent
injustice. or undue hardship. or to avoid serious impairment of
the conduct of Government busi ness. Any request for such
action by the Secretary shall be submitted in writing. and
shall set forth the reasons for which the request is made.
(b) Exemptions. pursuant to section 105 of the
Contract Work Hours and Safety Standards .Act. the following
cl asses of contracts are found exempt from all provi si ons of
that Act in order to prevent injustice. undue hardship. or
serious impairment of Government business:
(1) Contracts of $2.000.00 or less.
(2) Purchases and contracts other than con-
structi on contracts in the aggregate amount of $2.500.00 or
less. In arriving at the aggregate amount involved. there must
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be i ncl uded all property and servi ces whi ch woul d properl y be
grouped together in a si ngl e transacti on and whi ch woul d be
included in a single advertisement for bids if the procurement
were being effected by formal advertising.
(3) Contract work performed in a workplace
within a foreign country or within territory under the
jurisdiction of the United States other than the following: A
State of the United States; the District of Columbia; Puerto
Rico; the Virgin Islands; Outer Continental Shelf lands defined
in the Outer Continental Shelf Lands Act (ch. 345. 67 Stat.
462); American Samoa; Guam; Wake Island; Eniwetok Atoll;
Kwajalein Atoll; and Johnston Island.
(4) Agreements entered into by or on behalf
of the Commodi ty Credi t Corporati on provi di ng for the stori ng
in or handling by commerical warehouses of wheat. corn, oats.
barley. rye. grain sorghums. soybeans. flaxseed, rice. naval
stores. tobacco, peanuts. dry beans. seeds. cotton. and wool.
(5) Sales of surplus power by the Tennessee
Valley Authority to States. counties. municipalities.
cooperati ve organi zation of ci ti zens or farmers. corporati ons
and other individuals pursuant to section 10 of the Tennessee
Valley Authority Act of 1933 (16 U.S.C. B311).
(c) Tolerances. (1) The "basic rate of pay" under
section 102 of the Contract Work Hours and Safety Standards Act
may be computed as an hourly equivalent to the rate on which
time-and-one-half overtime compensation may be computed and
paid under section 7 of the Fair Labor Standards Act of 1938.
as amended (29 U.S.C. 207l. as interpreted in Part 778 of this
title. This tolerance is found to be necessary and proper in
the public interest in order to prevent undue hardship.
(2) Concerning the tolerance provided in
paragraph (c)(ll of this section. the provisions of section
7(d)(2) of the Fair labor Standards Act and 778.7 of this title
s"ould be noted. Under these provisions. payments for
occasional periods when no work is performed. due to vacations.
and similar causes are excludable from the "regular rate" under
the Fair Labor Standards Act. Such payments. therefore, are
also excludable from the "basic rate" under the Contract Work
Hours and Safety Standards Act.
(3) See 5.8(c) providing a tolera~ce
subdel egati ng . authori ty to the heads of agenci es to make
appropriate adjustments in the assessment of liquidated damages
totaling $500 or less under specified circumstances.
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(4)(i) Time spent in an organized program of
related, supplemental instruction by laborers or mechanics
employed under bona fide apprenticeship or training programs
may be excluded from working time of the criteria prescribed in
paragraphs (c)(4)(ii) and (iii) of this section are met.
(ii) The apprentice or trainee comes
within the definition contained in 5.2(n).
(iii) The time in question does not
i nvol ve producti ve work or performance of the apprenti ce' s or
trainee's regular duties.
(d) Variations (1) In the event of failure or
refusal of the contractor or any subcontractor to comply with
overtime pay requirements of the contract Work Hours and Safety
Standards Act, if the funds withheld by Federal agencies for
the violations are not sufficient to pay fully both the unpaid
wages due laborers and mechanics and the liquidated'damages due
the United States, the available funds shall be used first to
compensate the 1 aborers and mechani cs for the wages to whi ch
they are entitled (or an equitable portion thereof when the
funds are not adequate for thi s purpose); and the balance. if
any, shall be used for the payment of liquidated damages.
(2) In the performance of any contract
entered into pursuant to the provisions of 38 U.S.C. 620 to
provide nursing home care of veterans, no contractor or
subcontractor under such contract shall be deemed in violation
of section 102 of the Contract Work Hours and Safety Standards
Act by virtue of failure to pay the overtime wages required by
such section for work in excess of 40 hours in the workweek to
any individual employed by an establishment which is an
i nsti tuti on primari ly engaged in the care of the si ck, the
aged, or the menta 11 y ill or defecti ve who resi de on the
premises if, pursuant to an agreement or understanding arrived
at between the employer and the employee before performance of
the work, a work period of 14 consecutive days is accepted in
lieu of the workweek of 7 consecutive days for the purpose of
overtime compensation and if such individual receives compensa-
tion for employment in excess of 8 hours in any workday and in
excess of 80 hours in such 14-day period at a rate not less
than 1 1/2 times the regular rate at which the individual is
employed, computed in accordance wi th the requi rements of the
Fair Labor Standards Act of 1938, as amended. (Approved by the
Office of Management and Budget under OMB control numbers
1215-0140 and 1215-0017.)
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(3) Any contractor or subcontractor perform-
ing on a government contract the principal purpose of which is
the furnishing of fire fighting or suppression and related
services, shall not be deemed to be in violation of Section 102
of the Contract Work Hours and Safety Standards Act for failing
to pay the overtime compensation required by Section 102 of the
Act in accordance wi th the basi c rate of pay as defi ned in
paragraph (c)(ll of this section, to any pilot or copilot of a
fixed-wing or rotary-wing aircraft employed on such contract
if:
(i) Pursuant to a written employment
agreement between the contractor and the employee which is
arrived at before performance of the work.
gross wages of
total number of
(A)
not 1 ess than $300
hours worked in any
The employee recei ves
per week regardless of the
workweek, and
(B) Within any workweek the
total wages whi ch an employee recei ves are not 1 ess than the
wages to which the employee would have been entitled in that
workweek if the employee were paid the minimum hourly wage
required under the contract pursuant to the provisions of the
Service Contract Act of 1965 and any applicable wage determin-
ation issued thereunder for all hours worked, plus an
additional premium payment of one-half times such minimum
hourly wage for all hours worked in excess of 40 hours in the
workweek;
(ii) The contractor maintains
accurate records of the total daily and weekly hours of work
performed by such employee on the government contract. In the
event these conditions for the exemption are not met, the re-
quirements of section 102 of the Contract Work Hours and Safety
Standards Act shall be applicable to the contract from the date
the contractor or subcontractor fails to satisfy the conditions
unti 1. completion of the contract. (Approved by the Office of
Management and Budget under OMB control number 1215-0017.)
5.16 Training Plans Approved or Recognized by the Department
of Labor Prior to August 20, 1975.
(a) Notwithstanding the provisions of 5.5(a)(4)(ii)
relating to the utilization of trainees on Federal and
federally assi sted construction, no contractor shall be
required to obtain approval of a training program which, prior
to August 20, 1975, was approved by the Department of Labor for
purposes of the Davi s-Bacon and Rel ated Acts, was establ i shed
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by agreement of organi zed 1 abor and management and therefore
recognized by the Department and/or was recognized by the
Department under Executive Order 11246, as amended. A copy of
the program and evidence of its prior approval, if applicable
shall be submitted to the Employment and Training
Administration, which shall certify such prior approval or
recognition of the program. In every other respect, the
provisions of 5.5(a)(4)(ii) including those relating to
registration of trainees, permissible ratios, and wage rates to
be paid - shall apply to these programs.
(b) Every trainee employed on a contract executed on
and after August 20, 1975, in one of the above training
programs must be individually registered in the program in
accordance wi th Employment and Trai ni ng Admi ni strati on
procedures, and m~t be pai d at the rate speci fi ed in the
program for the 1 evel of progress. Any such employee 1 i sted on
the payroll at a trainee rate who is not registered and
parti ci pati ng in a program certi fied by ETA pursuant to thi s
section, or approved and certified by ETA pursuant to
5.5(a)(4)(iil. must be paid the wage rate determined by the
Secretary of Labor for the classification of work actually
performed. The ratio of trainees to journeymen shall not be
greater than permitted by the terms of the program.
(c) In the event a program which was recogni zed or
approved prior to August 20, 1975, is modified, revised,
extended, or renewed, the changes in the program or its renewal
must be approved by the Employment and Training Administration
before they may be placed into effect.
5.17 Withdrawal of ' Approval of a Training Program
If at any time the Employment and Training
Administration determines, after opportunity for a hearing,
that the standards of any program, whether it is one recognized
or approved prior to August 20, 1975, or a program subsequently
approved, have not been complied with, or that such a program
failS to provide adequate training for participants, a
contractor will no longer be permitted to utilize trainees at
less than the predetermined rate for the classification of work
actually performed until an acceptable program is approved.
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SUBPART B - INTERPRETATION OF THE FRINGE
BENEFITS PROVISIONS OF THE DAVIS-BACON ACT
5.20 Scope and Significance of This Subpart.
The 1964 amendments (Pub. L. 88-349) to the Davis-Bacon
Act require, among other things, that the prevailing wage
determined for Federal and federally-assisted construction
include: (al the basic hourly rate of pay; and (b) the amount
contributed by the contractor or subcontractor for certain
fri nge benefi ts (or the cost to them of such benefi ts). The
purpose of this subpart is to explain the provisions of these
amendments. This subpart makes available in one place official
interpretations of the fringe benefits provisions of the
Davis-Bacon Act. These interpretations will guide the
Department of Labor in carrying out its responsibilities under
these provisions. These interpretations are intended also for
the guidance of contractors, their associations, laborers and
mechanics and their organizations, and local State and Federal
agencies, who may be concerned wi th these provi sions of the
law. The interpretations contained in this subpart are author-
itative and may be relied upon as provided for in section 10 of
the Portal-to-Portal Act of 1947 (29 U.S.C. 359). The omission
to discuss a particular problem in this subpart or in inter-
pretations supplementing it should not be taken to indicate the
adoption of any position by the Secretary of Labor with respect
to such problem or to constitute an administrative
interpretation, practice, or enforcement policy. Questions on
matters not full y covered by thi s subpart may be referred to
the Secretary for interpretation as provided in 5.12.
5.21 (Reserved)
5.22 Effect of the Davis-Bacon Fringe Benefits Provisions.
The Davis-Bacon Act and the prevai 1 i ng wage provi si ons
of the related statutes listed in 1.1 of this subtitle confer
upon. the Secretary of Labor the authority to predetermine, as
mi nimum wages, those wage rates found to be prevai 1 i ng for
corresponding classes of laborers and mechanics employed on
projects of a character similar to the contract work in the
area in whi ch the work is to be performed. See paragraphs (a)
and (b) of 1.2 of this subtitle. The fringe benefits
amendments enl arge the scope of thi s authori ty by i ncl udi ng
certain bona fide fringe benefits within the meaning of the
terms "wages", "scale of wages", "wage rates", "minimum wages"
and "prevailing wages", as used in the Davis-Bacon Act.
5.23 The Statutory Provisions.
The fringe benefits provisions of the 1964 amendments
to the Davis-Bacon Act are, in part, as follows:
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(b) As used in this Act the term "wages", "scale of
wages", "wage rates", "minimum wages", and "prevailing wages"
shall include -
(1) The basic hourly rate of pay; and
(2) The amount of -
(A) The rate of contribution
irrevocably made by a contractor or subcontractor to a trustee
or to a third person pursuant to a fund, plan, or program; and
(B) The rate of costs to the
contractor or subcontractor which may be reasonably antici-
pated in providing benefits to laborers and mechanics pursuant
to an enforceable commitment to carry out a financially
responsi bl e pl an or program whi ch was communi cated in wri ti ng
to the laborers and mechanics affected, for medical or hospital
care, pensions on retirement or death, compensation for
injuries or illness resulting from occupational activity, or
insurance to provi de any of the foregoi ng, for unemployment
benefits, life insurance, disability and sickness insurance, or
accident insurance, for vacation and holiday pay, for defraying
costs of apprenticeship or other similar programs, or for other
bona fi de fri nge benefi ts, but onl y where the contractor or
subcontractor is not required by other Federal, State, or local
law to provide any of such benefits.
5.24 The Basic Hourly Rate of Pay.
"The basi c hourl y rate of pay" is that part of a
1 aborer' s or mechani c' swages whi ch the Secretary of Labor
would have found and included in wage determinations prior to
the 1964 amendments. The Secretary of Labor is requi red to
continue to make a separate finding of this portion of the
wage. In general, this portion of the wage is the cash payment
made directly to the laborer or mechanic. It does not include
fringe benefits.
5.25 Rate of Contribution or Cost for Fringe Benefits.
(a) Under the amendments, the Secretary is
obl i gated to make a separate fi ndi ng of the rate of
contri buti on or cost of fri nge benefits. Onl y the amount of
contributions or costs for fringe benefits which meet the
reuirements of the act will be considered by the Secretary.
These requirements are discussed in this subpart.
(b) The rate of contribution or cost is ordinarily
an hourly rate, and will be reflected in the wage determination
as such. In some cases, however, the contribution or cost for
certain fringe benefits may be expressed in a formula or method
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of payment other than an hourly rate. "In such cases, the
Secretary may in hi s di screti on express in the wage
determination the rate of contribution or cost used in the
formul a or method or may convert it to an hourl y rate of pay
whenever he finds that such action would facilitate the
. administration of the Act. See 5.5(a)(1)(i) and (iii).
5.26 "...Contribution Irrevocably Made...to a Trustee or to a
Third Person".
Under the fringe benefits provisions section l(bl(2)
of the act) the amount of contributions for fringe benefits
must be made to a trustee or to a third person irrevocably.
The "third person. must be one who is not affiliated with the
c6ntractor or subcontractor. The trustee must assume the usual
fiduciary responsibilities imposed upon trustees by applicable
law. The trust or fund must be set up in such a way that in no
event will the contractor or subcontractor be able to recapture
any of the contri buti ons pai din or any way di vert the funds to
his own use or benefit. Although contributions made to a
trustee or third person pursuant to a benefit plan must be
i rrevocab 1 y made, th is does not prevent return to the
contractor or subcontractor of sums which he had paid in excess
of the contributions actually called for by the plan, as where
such excess payments result from error or from the necessity of
making payments to cover the estimated cost of contributions at
a time when the exact amount of the necessary contributions
under the plan is not yet ascertained. For example, a benefit
plan may provide for definite insurance benefits for employees
in the event of the happening of a specified contingency such
as death, sickness, accident, etc., and may provide that the
cost of such definite benefits, either in full or any balance
in excess of specified employee contributions, will be borne by
the contractor or subcontractor. In such a case the return by
the insurance company to the contractor or subcontractor of
sums paid by him in excess of the amount requiring to provide
the benefits which, under the plan, are to be provided through
contributions by the contractor or subcontractor, will not be
deemed a recapture or diversion by the employer of contribu-
tions made pursuant to the plan.
5.27 ....Fund, Plan, or Program..
The contributions for fringe benefits must be made
pursuant to a fund, plan or program (sec. l(b)(2)(A) of the
act). The phase .fund, plan, or program. is merely intended to
recogni ze the vari ous types of arrangements commonl y used to
provide fringe benefits through employer contributions. The
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phrase is identical with language contained in section 3(ll of
the Welfare and Pension Plans Disclosure Act. In interpreting
this phrase, the Secretary will be guided by the experience of
the Department in administering the latter statute.
5.28 Unfunded Plans.
(a) The costs to a contractor or subcontractor
whi ch may be reasonabl y anti ci pated in provi di ng benefi ts of
the types descri bed in the act pursuant to an enforceabl e
commitment to carry out a financially responsible plan or
program, are considered fringe benefits within the incanning of
the act (see 1(a)(2)(B) of the act). The legislative history
suggests that these provisions were intended to permit the
consideration of fringe benefits meeting, among others, these
requirements and which are provided from the general assets of
a contractor or subcontractor. (Report of the House Committee
on Education and Labor, H. Rep. No. 308, 88th Cong., 1st Sess.
p. 4).
(b) No type of fringe benefit is eligible for
consideration as a so-called unfunded plan unless:
(ll It could be reasonably anticipated to
provide benefits described in the act;
(2 )
legally enforced;
I t represents a commi tment that can be
(3) It is carried out under a financially
responsible plan or program; and
(4) The plan or program prov i ding the
benefi ts has been communi cated in wri ti ng to the 1 aborers and
mechanics affected. (See S. Rep. No. 963, p. 6.)
(c) It is in this manner that the act provides for
the consideration of unfunded plans or programs in finding pre-
vailing wages and in ascertaining compliance with the act. At
the same time, however, there is protection against the use of
this provision as a means of avoiding the act's requirements.
The words "reasonably anticipated" are intended to require that
any unfunded plan or program be able to withstand a test which
can perhaps be best described as one of actuarial soundness.
Moreover, as in the case of other fringe benefits payable under
the act, an unfunded plan or program must be "bona fide" and not
a mere simulation or sham for avoiding'compliance with the act.
(See S Rep. No. 963, p. 6.) The legislative history suggests
that in order to insure against the possibility that these
provisions might be used to avoid compliance with the act, the
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committee contemplates that the Secretary of Labor in carrying
out his responsibilities under Reorganization Plan No. 14 of
1950, may direct a contractor or subcontractor to set aside in
an account assets which, under sound actuarial phinciples,
wi 11 be suffi ci ent to meet the future obl i gati on under the
plan. The preservation of this account for the purpose
intended would, of course, also be essential. (S. Rep. No.
963, p. 6.) This is implemented by the contractual provisions
required by 5.5(a)(1)(iv).
5.29 Specific Fringe Benefits.
(a) The act 1 i sts all types of fri nge benefi ts whi ch
the Congress considered to be common in the construction
industry as a whole. These include the following: medical or
hospital care, pensions on retirement or death, compensation
for injuries or illness resulting from occupational activity,
or insurance to provide any of the foregoing, unemployment
benefits, life insurance, disability and sickness insurance, or
acci dent insurance, vacati on and hol i day pay, defrayment of
costs of apprenticeship or other similar programs, or other
bona fide fringe benefits, but only where the contractor or
subcontractor is not required by other Federal, State, or local
law to provide any of such benefits.
(b) The Legislative history indicates that it was
not the intent of the Congress to impose specific standards
relati~g to administration of fringe benefits. It was assumed
that e majority of fringe benefits arrangements of this nature
will be those which are administered in accordance wlth
requirements of section 302(c)(5) of the National Labor
Relations Act, as amended (S. Rep. No. 963, p. 5.).
(c) The term "other bona fide fringe benefits" is
the so-called "open end" provision. This was included so that
new fringe benefits may be recognized by the Secretary as they
become prevailing. It was pointed out that a particular fringe
benefi t need not be recogni zed beyond a parti cul ar area in
order for the Secretary to find that it is prevailing in that
area (S. Rep. No. 963, p. 6).
(d) The legislative reports indicate that. to
insure against considering and giving credit to any and all
fringe benefits, some of which might be illusory or not
genuine, the qualification was included that such fringe
benefits must be "bona fide" (H. Rep. No. 308, p. 4; S. Rep.
No. 963, p. 6). No difficulty is anticipated in determining
whether a particular fringe benefit is "bona fide" in the
ordinary case where the benefits are those common in the
construction industry and which are established under a usual
fund, plan, or program. This would be typically the case of
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those fringe benefits listed in paragraph (a) of this section
which are funded under a trust or insurance program. Contract-
ors may take credi t for contri buti ons made under such
conventional plans without requesting the approval of the
Secretary of Labor under 5.5(a)(1)(iv).
(e) Where the plan is not of the conventional type
described in the preceding paragraph, it will be necessary for
the Secretary to examine the facts and circumstances to
determi ne whether they are "bona fi de" in accordance wi th
requirements of the act. This is particularly true with
respect to unfunded plans. Contractors or subcontractors
seeking credit under the act for costs incurred for such plans
must request specific permission from the Secretary under
5.5(a)(1l(iv).
(f) The act excludes fringe benefits which a
contractor or subcontractor is obligated to provide under other
Federal, State, or local law. No credit may be taken under the
act for the payments made for such benefi ts. For exampl e,
payment for workmen's compensati on insurance under ei ther a
compulsory or elective State statute are not considered
payments for fringe benefits under the Act. While each
situation must be separately considered on its own merits,
payments made for travel, subsistence or to industry promotion
funds are not normally payments for fringe benefits under the
Act. The omission in the Act of any express reference to these
payments, which are common in the construction industry,
suggests that these payments should not normally be regarded as
bona fide fringe benefits under the Act.
5.30 Types of Wage Determination.
(2' When fri nge benefi ts ~re prevail i ng for various
cl asses of 1 aborers and mechani cs 1 n the area of proposed
construction, such benefits are includable in any Davis-Bacon
wage determination. Illustrations, contained in paragraph (c)
of thi s section, demonstrate some of the different types of
wage'determinations which may be made in such cases.
(b) Wage determinations of the Secretary of Labor
under the act do not include fringe benefits for various
classes of laborers and mechanics whenever such benefits do not
prevail in the area of proposed construction. When this
occurs; the wage determination will contain only the basic
hourly rates of pay, that is only the cash wages whi ch are
prevailing for the various classes of laborers and mechanics.
An illustration of this situation is contained in paragraph (c)
of this section.
I 94 99
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5,31 Meeting Wage Determination Obligations.
(a) A contractor or subcontractor performi ng work
subject to a Davis-Bacon wage determination may discharge his
mlnlmum wage Obligations for the payment of both straight time
wages and fringe benefits by paying in cash, making payments or
i ncurri ng costs for "bona fi de" fri nge benefi ts of the types
listed in the applicable wage determination or otherwise found
prevailing by the Secretary of Labor, or by a combination
thereof.
(b) A contractor or subcontractor may discharge his
obligations for the payment of the basic hourly rates and the
fri nge benefi ts where both are contained in a wage
determination applicable to his laborers or mechanics in the
following ways:
(1) By paying not less than the basic
hourl y rate to the 1 aborers or mechani cs and by making the
contributions for the fringe benefits in the wage determina-
tions. as specified therein. For example, in the illustration
contained in paragraph (c) of 5.30, the obligations for
"painters" will be met by the payment of a straight time hourly
rate of not less than $3.90 and by contributing not less than
at the rate of 15 cents an hour for health and welfare
benefits, 10 cents an hour for pensions, and 20 cents an hour
for vacations; or
(2) By paying not less than the basic
hourly rate to the laborers or mechanics and by making contri-
butions for 'bona fide" fringe benefits in a total amount not
less than the total of the fringe benefits required by the wage
determination. For example, the obligations for "painters" in
the illustration in paragraph (c) of 5.30 will be met by the
payment of a straight time hourly rate of not less than $3.90
and by contri buti ons of not 1 ess than a total of 45 cents an
hour for "bona fide" fringe benefits; or
(3) By paying in cash directly to laborers
or mechanics for the basic hourly rate and by making an
additional cash payment in lieu of the required benefits. For
example, where an employer does not make payments or incur
costs for fringe benefits, he would meet his obligations for
"painters" in the illustration in paragraph (c) of 5.30, by
paying directly to the painters a straight time hourly rate of
not less than 4.35 ($3.90 basic hourly rate plus 45 cents for
fringe benefits); or
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(4) As stated in paragraph (al of this
section, the contractor or subcontractor may discharge his
minimum wage obligations for the payment of straight time wages
and fringe benefits by a combination of the methods illustrated
in subparagraphs (1) thru (3) of thi s paragraph. Thus. for
example, his obligations for "painters" may be met by an hourly
rate, partly in cash and partly in payments or costs for fringe
benefits which total not less than $4.35 ($3.90 basic hourly
rate plus 45 cents for fringe benefits). The payments in such
case may be $4.10 in cash and 25 cents in payments or costs in
fri nge benfi ts. Or, they may be $3.75 in cash and 60 cents in
payments or costs for fringe benefits. (30 F.R. 13136. Oct.15.
1965)
5,32 Overtime Payments.
(a) The act excludes amounts paid by a contractor
or subcontractor for fri nge benefi ts in the computati on of
overtime under the Fair Labor Standards Act, the Contract Work
Hours and Safety Standards Act, and the Walsh-Healey Publ ic
Contracts Act whenever the overtime provisions of any of these
statutes apply concurrently with the Davis-Bacon Act or its
related prevailing wage statutes. It is clear from the
legislative history that in no event can the regular or basic
rate upon which premimum pay for overtime is calculated under
the aforementioned Federal statutes be less than the amount
determined by the Secretary of Labor as the basic hourly rate
(i.e. cash rate under section l(bl(1) of the Davis-Bacon Act.
(See S. Rep. No. 963, p. 7.) Contributions by employees are
not eluded from the regular or basic rate upon which overtime
is computed under these statutes; that is. an employee's
regular or basic straight-time rate is computed on his earnings
before any deductions are made for the employee's contributions
to fringe benefits. The contractor's contributions or costs
for fringe benefits may be excluded in computing such rate so
long as the exclusions do not reduce the regular .or basic rate
below the basic hourly rate contained in the wage
determination.
(b) The legislative report notes that the phasing
"contributions irrevocably made by a contractor or
subcontractor to a trustee or to a third person pursuant to a
fund. pl an. or program" was added to the bi 11 in Commi ttee.
This language in essence conforms to the overtime provisions of
section 7(d)(4) of the Fair Labor Standards Act, as amended.
The intent of the commi ttee was to prevent any avoi dance of
overtime requirements under existing law. (See H. Rep. No. 308.
p. 5.)
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(c l (1) The act permi ts a contractor or subcontractor to
pay a cash equivalent of any fringe benefits found prevailing
by the Secretary of Labor, Such a cash equivalent would also
be excludable in computing the regular or basic rate under the
Federal overtime laws mentioned in paragraph (al, For example.
the W constructi on contractor pays hi s 1 aborers or mechani cs
$3.50 in cash under a wage determi nati on of the Secretary of
Labor which requires a basic hourly rate of $3 and a fringe
benefit contribution of 50 cents. The contractor pays the 50
cents in cash because he made no payments and incurred no costs
for fringe benefits, Overtime compensation in this case would
be computed on a regular or basic rate of $3.00 an hour.
However, in some cases a questi on of fact may be presented in
ascertaining whether or not a cash payment made to laborers or
mechanics is actually in lieu of a fringe benefit or is simply
part of their straight time cash wage. In the latter situa-
tion, the cash payment is not excludable in computing overtime
compensation. Consider the examples set forth in subparagraphs
(2) and (3) of this paragraph.
(2) The X construction contractor has for some
time been paying $3.25 an hour to a mechanic as his basic cash
wage plus 50 cents an hour as a contribution to a walfare and
pension plan. The Secretary of Labor determines that a basic
hourly rate of $3 an hour and a fringe benefit contribution of
50 cents are prevailing. The basic hourly rate or regular rate
for overtime purposes would be $3.25. the rate actually paid as
a basi c cash wage for the employee of X, rather than the $3
rate determined as prevailing by the Secretary of Labor.
(3) Under the same prevailing wage
determination, discussed in subparagraph 2 of this paragraph.
the Y construction contractor who has been paying $3 an hour as
his basic cash wage on which he has been computing overtime
compensation reduces the cash wage to $2.75 an hour but
computes his costs of benefits under section l(b)(2)(B) as $1
an hour. In this example the regular or basic hourly rate
would continue to be $3 an hour. (See S. Rep. No. 963. p. 7.)
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APPENDIX A
STATUTES RELATEO TO THE DAVIS-BACON ACT
REQUIRING PAYMENT OF WAGES AT RATES PREDE-
TERMINED BY THE SECRETARY OF LABOR
1, The Davi s-Bacon Act (secs. 1-7, 46 Stat. 1494. as
amended: Pub. L. 74-403.40 U,S.C, 276a-276a-7).
2. National Housing Act (sec. 212 added to c. 847.
48 Stat. 1246. by sec. 14. 53 Stat, 807; 12 U.S,C. 171Sc and
repeatedly amended).
3. Housing Act of 1950 (college housing) (amended by
Housing Act of 1959 to add labor provisions, 73 Stat. 681; 12
U.S.C. I749a(f)).
4. Housi ng Act of 1959 (sec 401 (fl of the Housi ng
Act of 1950 as amended by Pub. L. 86-372, 73 Stat. 681; 12
U.S.C. 1701q(c)(3)).
5. Commercial Fisheries Research and Development Act
of 1964 (sec. 7. 78 Stat. 199; 16 U.S.C. 779c(b)).
6. Library Services and Construction Act (sec. 7(al.
78 Stat. 13; 20 U.S.C. 355c(a)(4), as amended).
7. National Technical Institute for the Deaf Act
(sec. 5(b)(5l, 79 Stat. 126; 20 U.S.C. 684(b)(5)).
8. National Foundation on the Arts and Humanities
Act of 1965 (sec. 5(k), 79 Stat. 846 as amended; 20 U.S.C.
954 (j ) ) .
9. Elementary and Secondary Education Act of 1965 as
amended by Elementary and Secondary and other Education Amend-
ments of 1969 (sec. 423 as added by Pub. L. 91-230, title IV,
sec. 401(a)(10), 84 Stat. 169, and renumbered sec. 433, by Pub,
L. 92-318; title III, sec. 301(a)(1), 86 Stat. 326; 20 U.S.C.
1232 (b)). Under the amendment coverage is extended to all
programs administered by the Commissioner of Education.
10. The Federal-Aid Highway Act of 1956 (sec.108(b),
70 Stat. 378, recodified at 72 Stat. 895; 23 U.S.C. 113(a). as
amended). see particularly the amendments in the Federal-Aid
Highway Act of 1968 (Pub. L. 90-495. 62 Stat. 815).
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11. Indian Self-Determination and Education
Assistance Act (sec. 7.88 Stat. 2205; 25 U.S.C. 450e).
12. Indian health Care Improvement Act (sec.
303(b). 90 Stat. 1407; 25 U.S.C. 1633(b)).
13. Rehabilitation Act of 1973 (sec. 306 (b) (5)
87 Stat. 384, 29 U.S.C. 776(bl(S)).
14. Comprehensive Employment and Training Act of
1973 (sec. 606, 87 Stat. 880, renumbered sec. 706 by 88 Stat.
1845; 29 U.S.C. 986; also sec. 604, 88 Stat. 1846; 29 U.S.C.
964(b) (3)).
15. State and Local Fiscal Assistance Act of 1972
(sec. 123(a)(6). 86 Stat. 933; 31 U.S.C. I246(a)(6)).
16. Federal Water Pollution control Act (sec. 513
of sec. 2, 86 Stat. 894; 33 U.S.C. 1372).
17. Veterans Nursi ng Home Care Act of 1964 (78
Stat. 502. as amended; 38 U.S.C. 503S(a)(8)).
18. Postal Reorganization Act (sec. 410(b)(4l(C)) ;
84 Stat. 726 as amended; 39 U.S.C. 410(b)(4)(C)).
19. National Visitors Center Facilities Act of 1968
(sec. 110,32 Stat. 45; 40 U.S.C. 80B).
20. Appalachian Regional Development Act of 1965
(sec. 402, 79 Stat. 21; 40 U.S.C. App. 402).
21. Health Services Research, Health Statistics.
and Medical Libraries Act of 1974 (sec. 107. see sec. 308(h)(2)
thereof, 88 Stat. 370. as amended by 90 Stat. 378; 42 U.S.C.
242m(h)(2)).
22. Hospital
amended by the Hospi tal
1964 (sec. 605(a)(51. 78
Survey and Constructi on Act, as
and Medical Facilities Amendments of
Stat 453; 42 U.S.C. 291e(a)(5ll.
23. Health Professions Education Assistance Act
(sec. 303(b), 90 Stat. 2254; 42 U.S.C. 293a(g)(ll(C); also sec.
308a. 90 Stat. 2256, 42 U.S.C. 293a(c)(7l).
24. Nurse Training Act of 1964 (sec. 941(a)(1)(C).
89 Stat. 364; 42 U.S.C. 296a(bl(5ll.
25. Heart Desease. Cancer, and Stroke Amendments of
1965 (sec. 904, as added by sec. 2. 79 Stat. 928; 42 U.S,C.
299d(b)(4)).
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26. Safe Drinking Hater Act (sec. 2(a). see sec.
1450e thereof. 88 Stat. 1691; 42 U.S.C. 300j-9(e)).
27. National Health Planning and Resources Act
(sec. 4, see sec. 1604(b)(1)(H). 88 Stat. 2261. 42 U.S.C,
300o-3(b)(1)(H)).
28. U.S. Housing Act of 1937, as amended and recodi-
fied (8B Stat. 667; 42 U.S.C, 1437jl.
29. Demonstration Cities
Development Act of 1966 (secs, 110. 311,
1259. 127D, 1277. 1284; 42 U.S.C. 3310;
U.S.C.1437j).
and Metropol i tan
503. 1003, 80 Stat.
12 U.S.C. I715c; 42
30. Slum Clearance Program; Housing Act of 1949
(sec. 109, 63 Stat. 419, as amended; 42 U.S.C. 1459).
516(0
U. S. C.
31. Fram Housing:
to Housi ng Act of 1949
1486(f)).
Housi ng Act of 1964 (adds sec.
by sec. 503, 78 Stat. 797; 42
32. Housi ng Act of 1961 (sec. 707, added by sec,
907, 79 Stat. 496, as amended; 42 U.S.C. 1500c-3).
33. Defense Housing and Community Facilities and
Services Act of 1951 (sec. 310, 65 Stat. 307; 42 U.S.C. I592i).
34. Special Health Revenue Sharing Act of 1975
(sec. 303. see sec. 222(a)(5) thereof. 89 Stat. 324; 42 U.S.C.
2689j(a)(5)) .
35. Economic Opportunity Act of 1964 (sec. 607. 78
Stat. 532; 42 U.S.C. 2947).
36,
Partnership
Stat. 2327;
Headstart. Economi c
Act of 1974 (sec. 11,
42 U.S.C. 2992al.
Opportunity. and Community
see sec. 811 thereof, 88
37. Housing and Urban Development Act of 1965 (sec.
707. 79 Stat. 492 as amended; 42 U.S.C. 3107).
38. Older Americans Act of 1965 (sec. 502, Pub. L.
89-73, as amended by sec. 501, Pub. L. 93-29; 87 Stat. 50; 42
U.S.C. 3041a(a)(4)).
39. Publ i c Works and Economi c Development Act of
1905 (sec. 712. 79 Stat. 575 as amended; 42 U.S.C. 3222l.
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40. Juvenile Delinquency Prevention Act (sec. 1. 86
Stat. 536; 42 U.S.C. 3884).
41. New Communities Act of 1968 (sec, 410, 82 Stat.
516; 42 U.S.C. 3909).
42. Urban Growth and New Community Development Act
of 1970 (sec. 727(1),84 Stat. 1803; 42 U.S.C. 4529).
43. Domestic Volunteer Service Act of 1973 (sec.
406.87 Stat. 410; 42 U.S.C. 5046l.
44.
(secs. 110,
1440(g) l.
Housing and Community Development Act of 1974
802(9). 88 Stat. 649, 724; 42 U.S.C. 5310,
45. Developmentally Disabled Assistance and Bill of
Rights Act (sec. 126(4).89 Stat. 488; 42 U.S.C. 6042(4); title
I. sec. Ill, 89 Stat. 491; 42 U.S.C. 6063(bl(19)).
46.
90 Stat. 1001;
U.S.C. 672B).
Public Works Employment Act of 1976 (sec. 109,
42 U.S.C. 6708. also sec. 208, 90 Stat. 1008; 42
47. Energy Conservation and Production Act (sec.
451(h). 90 Stat. 1168; 42 U.S.C. 6881(h)).
48. Solid Waste Disposal Act (sec. 2, 90 Stat.
2828; 42 U.S.C. 6979l.
49. Rail'Passenger Service Act of 1970 (sec. 405d,
84 Stat. 1337; 45 U.S.C. 565(dl).
50.
78 Stat. 307;
1609) .
Urban Mass Transportation Act of 1964 (sec. 1D,
renumbered sec. 13 by 8B Stat. 715; 49 U.S.C.
51. Highway speed ground transportation study (sec.
6(b), 79 Stat. 893; 49 U.S.C. 1636(bll.
52. Airport and Airway Development Act of 1970
(sec. 22(b), 84 Stat. 231; 49 U.S.C. 1722(b)l.
53.
App.2281i).
Federal Civil Defense Act of 1950 (50 U.S.C.
54. National Capital Transportation Act of 1965
(sec. 3(b)(4), 79 Stat. 644; 40 U.S.C. 682(b)(4).
NOTE - Repealed Dec. 9, 1969 and labor standards
incorporated in sec. 1-1431 of the District of Columbia
Code).
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55.
4, 80 Stat.
Code l.
56.
Stat. 714,
of the plan
99
Model Secondary School for the Deaf Act (sec.
1027, Pub. L. 89 694, but not in the united States
Delaware River Basin Compact (sec. 15.1. 75
Pub. L. 87-328) (considered a statute for purposes
but not in the United States Code).
[FR Doc. 86-7726 Filed 4-8-86; 8:45 am]
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TITLE 40 USC
SECTIONS 327 - 330
PUBLIC LAW 87-581
AN ACT
To establ i sh standards for hours of work and overti me
pay of laborers and mechanics employed on work done under
contract for, or with the financial aid of, the United States,
for any terri tory. or for the Di stri ct of Col umbi a. and for
other purposes,
Be it enacted by the Senate and House of
Representatives of the United States of America in Congress
assembled, that this Act may be cited as the "Work Hours and
Safety Act of 1962" and ti tl e I may be ci ted as the "Contract
Work Hours and Safety Standards Act".
TITLE I - CONTRACT WORK HOURS AND
SAFETY STANDARDS ACT
SEC. 101.
means the Secretary
Labor.
As used herein,
of Labor, United
the term "Secretary"
States Department of
SEC.I02.(a) Notwithstanding any other provlS1on of
law. the wages of every laborer and mechanic employed by any
contractor or subcontractor in hi s performance of work on any
contract of the character specified in section 103 shall be
computed on the basis of a standard workday of eight hours and
a standard workweek of forty hours, and work in excess of such
standard workday or workweek shall be permitted subject to the
provisions of this section. For each worksheet in which any
such laborer or mechanic is so employed, such wages shall
include compensation, at a rate not less than one and one-half
times the basic rate of pay, for all hours worked in excess of
eight hours in any calendar day or in excess of forty hours in
the workweek, as the case may be.
(bl The following provisions shal~ be a condition
of every contract of the character specified in section 103 and
of any obligation of the United States, any territory, or the
District of Columbia in connection therewith:
(ll No contractor or subcontractor con-
tracting for any part of the contract work which may require
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or involve the employment of laborers or mechanics shall
requi re or permi t any 1 aborer or mechani c, in any workweek in
which he is employed on such work. to work in excess of eight
hours in any such cal endar day or in excess of forty hours in
such workweek except in accordance with the provisions of this
Act; and
(2) In the event of violation of the
provl Sl ons of paragraph (ll, the contractor and any
subcontractor responsible therefor shall be 1 iable to such
affected employee for his unpaid wages and shall, in addition,
be liable to the United States (or, in the case of work done
under contract for the District of Columbia or a territory, to
such Di stri ct or to such terri tory) for 1 i qui dated damages as
provided therein. Such liquidated damages shall be computed,
wi'th respect to each individual employed as a laborer or
mechanic in violation of any provisions of this Act. in the sum
of $10 for each calendar day on which such individual was
required or permi tted to work in excess of ei ght hours or in
excess of standard worksheet of forty hours without payment of
the overtime wages required by this Act. The governmental
agency for which the contract work is done or by which
financial assistance for the work is provided may withhold. or
cause to be withheld, SUbject to the provisions of section 104,
from any moneys payabl e on account of work performed by a
contractor or subcontractor, such sums as may administratively
be determined to be liquidated damages as herein provided.
SEC. 103,(a) The provisions of this Act shall apply,
except as otherwise provided, to any contract which may require
or involve the employment of laborers or mechanics upon a
public work of the United States, of any territory, or of the
District of Columbia, and to any other contract which may
require or involve the employment of laborers or mechanics if
such contract is one (1) to which the United States or any
agency or instrumentality thereof, any territory, or the
District of Columbia is a party, or (2) which is made for or on
behalf of the Untied States, any agency or insturmentality
thereof, any territory, or the District of Columbia, or (3)
whi ch is a contract for work fi nanced in whol e or in part by
loans or grants from, or loans insured or guaranteed by, the
Uni ted States or any agency or instrumental i ty thereof under
any statute of the United States providing wage standards for
such work: Provided. that the provisions of section 102, shall
not apply to work where the assi stance from the Uni ted States
or any agency or instrumentality as set forth above is only in
that nature of a loan guarantee, or insurance. Except as
otherwise expressly provided, the provisions of the Act shall
apply to all laborers and mechanics, including watchmen and
guards, employed by any contractor or subcontractor in the
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94 99
performance of any part of the work contempl ated by such
contract, and for purposes of this Act, laborers and mechanics
shall include workmen performing services in connection with
dredging or rock excavation in any river or harbor of the
United states or of any territory or of the District of
Columbia, but shall not include any employee employed as a
seaman.
(b) This Act shall not apply to contracts for
transportation by land, air, or water, or for the transmission
of intelligence, or for the purchase of supplies or materials
or articles ordinarily available in the open market. This Act
shall not apply with respect to any work required to be done in
accordance with the provisions of the Walsh-Healey Public
Contracts Act (49 Stat. 2036; 41 U.S.C. 35-45).
SEC. 104.(a) Any officer or person designated as
inspector of the work to be performed under any contract of the
character specified in section 103, or to aid in the
enforcement or ful fi 11 ment thereof shall, upon observati on or
investigation, forthwith report to the proper officer of the
united States, of any territory or possession, or of the
District of Columbia, all violations of the provisions of this
Act occurri ng in the performance of such work, together wi th
the name of each laborer or mechanic who was required or
permitted to work in violation of such provisions and the day
or days of such violation. The amount of unpaid wages and
liquidated damages owing under the provisions of this Act shall
be administratively determined and the officer or person whose
duty it is to approve the payment of moneys by the Uni ted
states, the territory, or the District of Columbia in
connecti on wi th the performance of the contract work shall
direct the amount of such liquidated damages to be withheld for
the use and benefit of the United States. said territory, or
said District, and shall direct the amount of such unpaid wages
to the wi thhel d for the use and benefi t of the 1 aborers and
mechanics who were not compensated as required under the
provisions of this Act. The Comptroller General of the United
States is hereby authorized and directed to pay directly to
such laborers and mechanics, from the sums withheld on account
of underpayments of wages, the respective amounts administra-
tively determined to be due, if the funds withheld are
adequate, and, if not, an equitable proportion of such amounts.
(b) I f the accrued payments wi thhe 1 d under
mechanics with respect to whom there has been a failure to pay
the wages required pursuant to thi s Act, such laborers and
mechanics shall, in the case of a department or agency of the
Federal Government, have the rights of action and/or of inter-
vention against the contractor and his sureties conferred by
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law upon persons furnishing labor or materials,
proceedings it shall be no defense that such
mechani cs accepted or agreed to accept 1 ess than
rate of wages or voluntarily made refunds.
(c) Any contractor or subcontractor
aggrieved by the withholding of a sum as liquidated damages as
provided in this Act shall have the right, within sixty days
thereafter, to appea 1 to the head of the agency of the Uni ted
States or of the territory for which the contract work is done
or by which financial assistance for the work is provided, or
to the Commissioners of the District of Columbia in the case of
1 iquidated damages withheld for the use and benefit of said
Di stri ct. Such agency head or Commi ssi oners, as the case may
be. shall have authori ty to review the admi ni strati ve
determination of liquidated damages and to issue a final order
affirming such determination; or, if it is found that the sum
determined is incorrect or that the contractor or subcontractor
violated the provisions of this Act inadvertently
notwithstanding the exercise of due care on his part and that
of hi s agents, recommendati ons may be made to the Secretary
that an appropriate adjustment in liquidated damages be made,
or that the contractor or subcontractor be relieved of
liability for such liquidated damages. The Secretary shall
review all pertinent facts in the matter and may conduct such
investigations as he deems necessary, so as to affirm or reject
the recommendation. The decision of the Secretary shall be
final. In all such cases in which a contractor or
subcontractor may be aggrieved by a final order' for the
withholding of liquidated damages as hereinbefore provided.
such contractor or subcontractor may, within sixty days after
such final order, file a claim in the Court of Claims:
Provided, however, That final orders of the agency head, the
Commissioners of the District of Columbia or the Secretary, as
the case may be, shall be conclusive with respect to findings of
fact if such findings are supported by substantial evidence.
and in such
1 aborers and
the required
(dl Reorganization Plan Numbered 14 of 1950
(15 F.R. 3175; 64 Stat. 1267) shall be applicable with respect
to the provisions of this Act, and section 2 of the Act of June
13, 1934, as amended (48 Stat. 948, 54 Stat. 1236, 63 Stat.
108; 40 U.S.C. 276c), shall be applicable with respect to those
contractors and subcontractors referred to therein who are
engaged in the performance of contracts subject to the
provisions of this Act.
SEC. 105. The Secretary may provi de such
reasonable limitations and may make such rules and regulations
allowing reasonable variations, tolerances, and exemptions to
and from any or all provisions of this Act as he may find
necessary and proper in the publiC interest to prevent
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94 rH)
injustice or undue hardship or to avoid serious impairment of
the conduct of Government business.
SEC. 106. Any contractor or subcontractor whose
duty it shall be to employ, direct, or control any laborer or
mechanic employed in the performance of any work contemplated
by any contract to whi ch thi s Act appl i es, who shall
intentionally violate any provisions of this Act, shall be
deemed gui 1 ty of a mi sdemeanor, and for each and every such
offense shall, upon conviction. be punished by a fine of not to
exceed $1,000 or by imprisonment for not more than six months,
or by both such fine and imprisonment, in the discretion of the
court having jurisdiction thereof.
SEC.107.(a) It shall be a condition of each
contract which is entered into under legislation 1950 (64
Stat. 1267), and is for construction, alteration, and/or
repair, including painting and decorating, that no contractor
or subcontractor contracting for any part of the contract work
shall require any laborer or mechanic employed in the
performance of the contract to work in surroundi ng or under
working conditions which are unsanitary, hazardous, or
dangerous to his health or safety, as determined ~nder
construction safety and health standards promulgated by the
Secretary by regulation based on proceedings pursuant to
section 553 of title 5, United States Code, provided that such
proceedings include a hearing of the nature authorized by said
section. In formulating such standards, the Secretary shall
consult with the Advisory Committee created by subsection (el.
(b) The Secretary is authori zed to make
such i nspecti ons, hol d such heari ngs, issue such orders, and
make such decisions based on findings of fact, as are deemed
necessary to gain compliance with this section and any health
and safety standard promul gated by the Secretary under
subsecti on (a), and for such puposes the Secretary and the
United States district courts shall have the authority and
jurisdiction provided by sections 4 and 5 of the Act of June
30, 1936, (41 U.S.C. 38, 39). In the event that the Secretary
of Labor determines noncompliance under the provisions of this
section after an opportunity for an adjudicatory hearing by the
Secretary of any condition of a contract of a type described in
clause (1) or (2l of section 103(a) of this Act, the
governmenta 1 agency for whi ch the contract work is done shall
have the right to cancel the contract, and to enter into other
contracts for the completion of the contract work, charging any
additional cost to the original contractor. In the event of
noncompl iance, as determined by the Secretary after an
opportunity for an adjudictory hearing by the Secretary, of any
condition of a contract of a type described in clause (3l of
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section 103(a), the governmental agency by which financial
guarantee, assi stance, or insurance for the contract work is
provided shall have the right to withhold any such assistance
attributable to the performance of the contract. Section 104
of this Act shall not apply to the enforcement of this section.
(c) The United States district courts shall
have juri sdi cti on for cause shown, in any acti ons brought by
the Secretary, to enforce compliance with the construction
safety and heal th standard promul gated by the Secretary under
subsection (a).
(d) (1) If the Secretary determines on
the record after an opportunity for an agency hearing that, by
repeated willful or grossly negligent violations of this Act, a
contractor or subcontractor has demonstrated that the provi-
sions of subsections (bl and (c) are not effective to protect
the safety and health of his employees, the Secretary shall
make a finding to that effect and shall, not sooner than thirty
days after giving notice of the findings to all interested
persons, transmit the name of such contractor or subcontractor
to the Comptroller General.
(2) The Comptroller General shall
distribute each name so transmitted to him to all agencies of
the Government. Unless the Secretary otherwise recommends, no
contract subject to this section shall be awarded to such
contractor or subcontractor or to any person in whi ch such
contractor or subcontractor has a substanti al interest unti 1
three years have elapsed from the date the name is transmitted
to the Comptroller General. If, before the end of such
three-year period, the Secretary, after affording interested
persons due notice and opportunity for hearing, is satisfied
that a contractor or subcontractor whose name he has
transmitted to the responsibility with the requirements of this
section, he shall terminate the application of the preceeding
sentence to such contractor or subcontractor (and to any person
in whi ch the contractor or subcontractor has a substanti a 1
interest); and when the Comptroller General is informed of the
Secretary's action he shall inform all agencies of the
Government thereof.
Secretary's
sixty days
appropriate
review of
forthwith
Secretary,
upon which
(3) Any person aggrieved by the
action under subsections (b) or (d) may, within
after receiving notice thereof, file with the
United States court of appeals a petition for
such action. A copy of the petition shall be
transmitted by the clerk of the court to the
who shall thereupon fi 1 e in the court the record
he based his action, as provided in section 2112 of
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(\()
title 28, United States Code. The findings of fact by the
Secretary, if supported by substantial evidence. shall be
final. The Court shall have power to make and enter a decree
enforcing, modifying, and enforcing as so modified, or setting
aside in whole or in part, the order of the Secretary or the
appropri ate Government agency. The judgement of the court
shall be subject to review by the Supreme Court of the United
States upon certiorari or certification as provided in section
1254 of title 28, United States Code.
(el (1) The Secretary shall establish
in the Department of Labor an Advi sory Commi ttee on
Construction Safety and health (hereinafter referred to as the
"Advisory Committee") consisting of nine members appointed,
without regard to the civil service laws, by the Secretary.
The Secretary shall appoint one such member as Chairman. Three
members of the Advisory Committee shall be persons
representative of contractors to whom this section applies.
three members shall be persons representative of employees
primarily in the building trades and construction industry
engaged in carrying out contracts to which this section
applies, and three public representatives who shall be selected
on the basis of their professional and technical competence and
experience in the construction health and safety field.
(2) The Advisory Committee shall
advise the Secretary in the formulation of construction safety
and health standards and other regulations, and with respect to
policy matters arising in the administration of this section,
The Secretary may appoint such special advisory and technical
experts or consul tants as may be necessary to carry out the
functions of the Advisory Committee.
(3) Members of the Advi sory
Committee shall, while serving on the business of the Advisory
Committee, be entitled to receive compensation at rates fixed
by the Secretary, but not exceeding $100 per day, including
traveltime; and while so serving away from their homes or
regular places of business, they may be allowed travel
expenses. including per diem in lieu of subsistence, as
authorized by section 5703 of title 5 of the United States Code
for persons in the Government service employed intermittently.
(f) The Secretary shall provide for the
establishment and supervision of programs for the education and
training of employers and employees in the recognition.
avoidance, and prevention of unsafe working conditions in
employments covered by the Act, and to collect such reports and
data and to consult with and advise employers as to the best
means of preventing injuries.
Approved August 13, 1962
Amended August 9, 1969
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State of California
Department of Industrial Relations
Division of Apprenticeship Standards
EXCERPTS FROM THE CALIFORNIA LABOR CODE
RELATING TO APPRENTICES ON PUBLIC WORKS
Chapter 1 of Division 2
APPRENTICES ON PUBLIC WORKS
1773.3 An awarding agency whose public works contract
falls within the jurisdiction of Section 1777.5 shall, within 5
days of the award, send a copy of the award to the Division of
Apprenticeship Standards. When specifically requested by a
local joint apprenticeship committee, the division shall notify
the local joint apprenticeship committee regarding all such
awards applicable to the joint apprenticeship committee making
the request. Within five days of a finding of any discrepancy
regarding the ratio of apprentices to journeymen, pursuant to
the certified fixed number of apprentices to journeymen, the
awardi ng agency shall notify the Di vi si on of Apprenti ceshi p
Standards.
(Added by Stats. 1978, Ch. 1249.l
1776. (a 1 Each contractor and subcontractor shall kee
an accurate a ro record, ShOWl n the name, address, SOCl a
securitJ number, work c assi lcatlon, stral ht tlme and
overtime ours worked each day and week, and t e actua per
dlem wa es ald to each Journe man, a rentlce, worker, or
other emp oyee emp oyed by hlm or her ln connectlon wlth the
publlC work.
(b) The payroll records enumerated under
subdivision (al shall be certified and shall be available for
inspection at all reasonable hours at the principal office of
the contractor on the following basis:
(ll
payroll record shall be
furnished to such employee
ative on request.
A certifi ed copy of an employee's
made available for inspection or
or his or her authorized represent-
(2l A certified copy of all payroll
records enumerated in subdivision (al shall be made available
for inspection or furnished upon request to a representative of
the body awarding the contract, The Division of Labor Standards
.
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Enforcement and the Division of Apprenticeship Standards of the
Department of Industrial Relations.
(3l A certified copy of all payroll
records enumerated in subdivision (al shall be made available
upon request to the publ i c for i nspecti on or copi es thereof
made, provi ded, however, that a request by the publ i c sha 11 be
made through either the body awarding the contract, the
8ivision of Apprenticeship Standards, or the Division of Labor
Standards Enforcement, The pUblic shall not be given access to
such records at the principal office of the contractor.
(c) Each contractor shall file a certified
copy oT the recorcs enumerated in subdivision (a) with the
entity that requested such records within 10 days after receipt
of a written request.
(0) Any copy of records made avail able for
~~spect;o~ 3S copies and f~rnished upon request to the public
or ~~y p~D,ic agency oy the awarding body, the 8ivision oT
;,p)rer::;cesnip StanGards or the Division of ~abor Standards
~nforce~en: shai, be ~arkea or obliterated in such a manner as
to ~r2ven: cisclosure of an individual's name, address and
soc;u' security nU"Der. ,he naffie ana address of the contractor
awarceJ tne cor,tract or ~erformi ng the contract shall not be
~ar.ed or oDliterated.
(e) The contractor sha 11 inform the body
awarcing the contract of the location of the records enu~erateG
Jnuct suDdivision (ai, including the street address. ci:y anc.
county. ano shall, within five working days, provide a nutice
of a cnange of location and address.
(f) In the event of noncolTipiiance with ti',"
requir~ments of this section, the contractor shall have lG days
in wh'lch to comply subsequent to receipt of written not;ce
SDeClTy;ng in wnat respects such contractor must comply wit".
this section. Should noncompliance still be eviaent after sucn
10-day period, the contractor shall, as a penalty to the state
or political subdivision on whose behalf the contract i~ made
or awarded, forfeit twenty-five dollars ($25l for each calendar
day, or portion thereof, for each worker, until strict
compliance is effectuated. Upon the request of the Division oT
Apprenti ceshi p Standards or the Divi sion of Labor Standard,
Enforcement, such penalties shall be withheld from progress
payments then due.
(g) The body awarding the contract shall cause
to be in serted in the contract stipulations to effectuate thlS
section. Such stipulations shall fix the responsibility for
compliance with this section on the prime contractor.
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(h) The director shall adopt rules
consistent with the California Public Records Act. (Ch. 3.5
(commencing with Sec. 6250), or Div. 7, Title 1, Gov. C.) and
the Information Practices Act of 1977, (Title 1.8 (commencing
with Sec. 1798l Pt. 4, Div. 3, Civ. C.) governing the release
of such records, including the establishment of reasonable fees
to be charged for reproducing copies of records required by
this section.
(Added by Stats. 1978, Ch. 1249.)
1777.5.
employment of
works.
Nothing
property
in thi s
registered
chapter shall
apprentices
prevent the
upon public
Ever such a rentice shall be aid the standard wa e
paid to apprentices under the regu ations of the craft or trade
at which he is employed, and shall be emeloyed only at the work
of the craft or trade to which he lS reglstered.
Only apprentices, as defined in Section 3077, who are
in training under apprenticeship standards and written appren-
tice agreements under Chapter 4 (commencing with Section 3070),
Division 3, of the Labor Code, are eligible to be employed on
public works. The employment and training of each apprentice
shall be in accordance with the provisions of the
apprenticeship standards and apprentice agreements under which
he is training.
When the contractor to whom the contract is awarded b
the state or an oltlca subdivlslon, or an subcontractor
under hlm, ln er ormln an 0 the work under the contract or
subcontract, emp oys workmen 1 n any apprentl ceab e craft or
trade. the contractor and subcontractor shall apply to the
Joint a renticeshi committee admlnlsterln the a rentlceshi
standards 0 the craft or trade ln the area 0 the Slte 0 the
publlC work for a certlflcate apprOvlng the contractor or
subcontractor under the apprenti ceshl p standards for the
em 10 ment and trainin of a rentices ln the area or industr
affected: provlded, however, that the approva as estab lshed
by the Joint apprenticeship commi ttee or committees shall be
subject to the approval of the Administrator of Apprenticeship.
The joint apprenticeship committee or committees, subsequent to
approving the subject contractor or subcontractor, shall
arrange for the dispatch of apprentices to the contractor or
subcontractor in order to comply with this section. There
shall be an affirmative duty upon the joint apprenticeship
commi ttee or commi ttees admi ni steri ng the apprenti ceshi p
standards of the craft or trade in the area of the site of the
public work to ensure equal employment and affirmative action
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in apprenticeship for women and minorities. Contractors or
subcontractors shall not be required to submit individual
applications for approval to local joint apprenticeship
committeeS provided they are already covered by the local
apprenticeshiP standards. The ratio of apprentices to
journe men who shall be em 10 ed in the craft or trade on the
ub lC work ma be the ratio Stl u ated ln the a rentlceshi
standards under WhlCh the joint a rentlceshl committee
o erates but 1 n no case sha the ratlo be ess than one
a rentlce for each lve journe men, exce t as otherwlse
provlded ln thlS section.
The contractor or subcontractor, if he is covered by
this section, upon the issuance of the approval certificate, or
if he has been previously approved in such craft or trade,
shall employ the number of apprentices or the ratio of
apprentices to journeymen stipulated in the apprenticeship
standards. Upon proper showi ng by the contractor that he
employs apprenti ces in such craft or trade in the state on all
of his contracts on an annual average of not less than one
apprentice to each five journeymen, the Division of
Apprenticeship Standards may grant a certificate exempting the
contractor from the 1-to-5 ratio as set forth in this season.
This section shall not a 1 to contracts of eneral
contractors lnvo vin ess than thlrt thousand do ars
$30. 0 or worKln da s or to contracts 0 s ecialt
contractors not bl ddl n or work throu a enera or rl me
contractor, 1 nvo vi ng 1 ess than two thousand do ars $ ,000
or fewer than five worklng days.
"Apprenticeable craft or trade", as used in this
section, shall mean a craft or trade determined as an
apprenticeable occupation in accordance with rules and
regulations prescribed by the Appenticeship Council. The joint
apprenticeship committee shall have the discretion to grant a
certificate, which shall be subject to the approval of the
Admi ni strator of Apprenti ceshi p, exempti ng a contractor from
the l-to-S ratio set forth in this section when it finds that
anyone of the following conditions is met:
lal In the event unemployment for the
previouS three month period in such area exceeds an average of
15 percent, or
(b) In the event the number of apprentices
in training in such area exceedS a ratio of I-to-5, or
apprenticeable
one-thirtieth of
training, either
basis.
(c) If there is a showing that the
craft or trade is replacing at least
its journeyman annually through apprenticeship
III on a statewide basis, or (2) on a local
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(d) If assignment of an apprentice to any
work performed under a publ i c works contract woul d create a
condition which would jeopardize his life or the life, safety,
or property of fell ow employees or the publ i c at 1 arge or it
the specific task to which the apprentice is to be assigned is
of such a nature that training cannot be provided by a
journeyman.
When such exemptions are granted to an organization
whi ch represents contractors in a speci fi c trade from the
1-to-5 ratio on a local or statewide basis the member
contractors will not be required to submit individual
applications for approval to local joint apprenticeship
commi ttees, provi ded they are already covered by the 1 oca 1
apprenticeship standards.
A contractor to whom the contract is awarded, or any
subcontractor under him, who, in erformin an of the work
under the contract, em 0 s journe men or a rentl ces in an
apprenticeab e cra t or trade and who is not contributing to a
fund or funds to administer and conduct the apprenticeship
program in any such craft or trade in the area of the Sl te of
the publlC work, to WhlCh fund or funds other contractors in
the area of the slte of the ublic work are contributin , shall
contribute to the und or unds ln eac cra t or trade in WhlCh
he employs journeymen or apprentices on the publlC work ln the
same amount or upon the same basi sand 1 n the same manner as
the other contractors do, but where the trust fund
adminlstrators are unable to accept such funds, contractors not
Sl nator to the trust a reement shall a a like amount to the
a 1 ornl a Apprentl CeShljl ounCl. he contractor or
subcontractor may add the amount of such contributions in
computing his bid for the contract. The Division of Labor
Standards Enforcement is authori zed to enforce the payment of
such contributions to the fund or funds as set forth in Section
227.
The body awarding the contract shall cause to be
inserted in the contract stipulations to effectuate this
section. Such stipulations shall fix the responsibility of
compliance with this section for all apprenticeable occupations
with the prime contractor.
under
3081.
All
this
decisions of the joint apprenticeship committee
section are subject to the provisions of Section
(Amended by Stats. 1976. Ch. 1179.)
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1777.6. It shall be unlawful for an employer or a
labor union to'refuse to accept otherwise qualified employees
as registered apprentices on any public works, on the ground of
the race, religious creed, color, national origin, ancestry.
sex, or age, except as provided in Section 3077, of such
employee.
(Amended by Stats. 1976. Ch. 1179.)
Sec. 1777,7, (a)
fails to comply with the
contractor shall:
In the event a contractor wi 11 fully
provisions of Section 1777.5, such
(1) Be denied the right to bid on any
publ i c works contract for a peri od of one year from the date
the determination of noncompliance is made by the Administrator
of Apprenticeship; and
(2) Forfeit as a civil penalty in the sum
of fifty dollars ($50) for each calendr day of noncompliance,
Notwithstanding the provisions of Section 1727, upon receipt of
such a dtermination the awarding body shall withhold from
contract progress payments then due or to become due such sum.
(b) Any such determination shall be issued after a
full investigation, a fair and impartial hearing, and
reasonable notice thereof in accordance with reasonable rules
and procedures prescribed by the California Apprenticeship
Council.
(c) Any funds wi thhel d by the awardi ng body
pursuant to this section shall be deposited in the General Fund
if the awarding body is a state entity, or in the equivalent
fund of an awarding body is an entity other than the state.
The interpretation and enforcement of Sections 1777.5
and 1777.7 shall be in accordance with the rules and procedures
of the California Apprenticeship Council.
(Amended by Stats. 1978. Ch. 1249.)
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EQUAL EMPLOYMENT OPPORTUNITY
EXECUTIVE ORDER 11246 AS AMENDED
BY EXECUTIVE ORDER 11375
Under and by virtue of the authority vested in me as
President of the United States, it is ordered as follows:
PART I
NONDISCRIMINATION IN GOVERNMENT EMPLOYMENT
PART II - NONDISCRIMINATION IN EMPLOYMENT
CONTRACTORS AND SUBCONTRACTORS
BY
GOVERNMENT
Subpart A - Duties of the Secretary of Labor
SEC. 201. The Secretary of Labor shall be responsible
for the administration of parts II and III of this order and
shall adopt such rules and regulations and issue such orders as
he deems necessary and appropri ate to achi eve the purposes
thereof.
Subpart B - Contractors' Agreements
SEe. 202. Except in contracts exempted in accordance
with section 204 of thi s order, all Government contracti ng
agencies shall include in every Government contract hereafter
entered into the following provisions:
During the performance of this contract, the contractor
agrees as follows:
(1) The contractor will not dis-
criminate aganst any employee or applicant for
employment because of race, color, religion,
sex, or nati ona 1 ori gi n. The contractor wi 11
take affirmative action to ensure that
applicants are employed, and that employees are
trea ted duri ng emp 1 oyment, wi thout regard to
their race, color, religion, sex, or national
origin. Such action shall include, but not be
limited to the following: employment, upgrad-
ing, demotion. or transfer; recruitment or
recruitment advertising; layoft or termination;
rates of payor other forms of compensation;
and selection for training, inclUding
apprenticeship. The contractor agrees to post
in conspicuous places, available to employees
and applicants for employment, notices to be
provided by the contracting officer setting
forth the provisions of this nondiscrimination
clause.
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(2) The contractor will, in all
solicitations or advertisements for employees
placed by or on behalf of the contractor, state
that all qualified applicants will receive
consideration for employment without regard to
race, color, religion, sex or national origin.
(3) The contractor will send to
each labor union or representative of workers
with which he has a collective bargaining
agreement or other contract or understanding, a
notice. to be provided by the agency
contracti ng offi cer, advi si ng the 1 abor uni on
or workers' representative of the contractor's
commitments under section 202 of Executive
Order No. 11246 of September 24. 1965, and
shall post copies of the notice in conspicuous
places available to employees and applicants
for employment.
(4) The contractor will comply with
all provi sions of Executive Order No. 11246 of
September 24,1965, and of the rules, regu-
lations, and relevant orders of the Secretary
of Labor.
(5) The contract will furnish all
information and reports required by Executive
Order No. 11248 of September 24, 1965, and by
the rules, regulations, and orders of the
Secretary of Labor, or pursuant thereto. and
will permit access to his books, records, and
accounts by the contracting agency and the
Secretary of Labor for purposes of
investigation to ascertain compliances with
such rules, regulations, and orders.
(6) In the event of the
contractor's noncompliance with the
nondiscrimination clauses of this contract or
with any of such rules, regulations, or orders.
this contract may be canceled, terminated, or
suspended in whol e or in part and the
contractor may be declared ineligible for
further Government contracts in accordance with
procedures authori zed in Executi ve Order No.
11246 of September 24, 1965, and such other
sanctions may be imposed and remedies involved
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as provided in Executive
September 24, 1965, or by
order of the Secretary
otherwise provided by law.
Order No. 11246 of
rule, regulation, or
of Labor, or as
(7) The contractor will include the
provisions of paragraphs (I) through (7) in
every subcontract or purchase order unless
exempted by rules. regulations, or orders of
the Secretary of Labor issued pursuant to
secti on 204 of Executi ve Order No. 11246 of
September 24, 1965, so that such provl Sl ons
will be binding upon each subcontractor or
vendor. The contractor wi 11 take such acti on
with respect to any subcontract or purchase
order as the contracting agency may direct as a
means of enforcing such provisions including
sanctions for noncompliance: Provided, however,
That in the event the contractor becomes
involved in, or threatened with, litigation
wi th a subcontractor or vendor as a resul t of
such direction by the contracting agency, the
contractor may request the United States to
enter into such litigation to protect the
interests of the United States.
SEC. 203. (a 1 Each contractor havi ng a contract
containing the provisions prescribed in section 202 shall file,
and shall cause each of his subcontractors to file, compliance
reports wi th the contracti ng agency or the Secretary of Labor
as may be directed. Compliance reports shall be filed within
such times and shall contain such information as to the
practices, policies, programs, and employment policies,
programs, and employment statistics of the contractor and each
subcontractor, and shall be in such form, as the Secretary of
Labor may prescribe.
(b) Bidders or prospective contractors or
subcontractors may be required to state whether they have
participated in any previous contract subject to the provisions
of this order, or any preceding similar executive order, and in
that event to submit, on behalf of themselves and their
proposed subcontractors, compl iance reports prior to or as an
initial part of their bid or negotiation of a contract.
(c) Whenever the contractor or
subcontractor has a collective bargaining agreement or other
contract or understandi ng wi th a 1 abor uni on or an agency
referring workers or providing or supervising apprenticeship or
training for such workers, the compliance report shall include
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such information as to such labor union's or agency's practices
and policies affecting compliance as the Secretary of Labor may
prescribe: Provided, That to the extent such information is
within the exclusive possession of a labor union or an agency
referring workers or providing or supervising apprenticeship or
training and such labor union or agency shall refuse to furnish
such information to the contractor, the contractor shall so
certify to the contracting agency as part of its compliance
report and shall set forth what efforts he has made to obtain
such information.
(d) The contracting agency or the Secretary
of Labor may direct that any bidder or prospective contractor
or subcontractor shall submit, as part of his compliance
report, a statement in writing, signed by an authorized officer
or agent on behalf of any 1 abor uni on or agency referri ng
workers or providing or supervising apprenticeship or other
training, with which the bidder or prospective contractor
deals. with supporting information, to the effect that the
signer's practices and policies do not discriminate on the
grounds of race, color, religion, sex, or national origin, and
that the signer either will affirmatively cooperate in the
implementation of the policy and provisions of this order or
that it consents and agrees that recruitment, employment, and
the terms and conditions of employment under the proposed
contract sha 11 be in accordance wi th the purposes and
provisions of the order. In the event that the union, or the
agency, shall refuse to execute such a statement, the
compliance report shall so certify and set forth what efforts
have been made to secure such a statement and such addi ti ona 1
factual material as the contracting agency or the Secretary of
Labor may require.
SEC. 204. The Secretary of Labor may, when he deems
that special circumstances in the national interest so require.
exempt a contracting agency from the requirement of including
any or all of the provi si ons of secti on 202 of thi s order in
any specific contract, subcontract, or purchase order. The
Secretary of Labor may, by rule or regulation, also exempt
certain classes of contracts, subcontracts, or purchase orders:
(1) whenever work is to be or has been performed outsi de the
United States and no recruitment of workers within the limits
of the United States is involved; (2) for standard commercial
supplies or raw materials; (3l involving less than specified
amounts of money or specified number of workers; or (4) to the
extent that they involve subcontracts below a specified tier.
The Secretary of Labor may also provide, by rule, regulation,
or order, for the exemption of facilities of a contractor which
are in all respects separate and distinct fro1D activities of
the contractor related to the performance of the contract;
Provided, That such an exemption will not interfere with or
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impede the effectuation of the purposes of thi s order: And
provide further, That in the absence of such an exemption all
facilities shall be covered by the provisions of this order.
Subpart C Powers and Duties of the Secretary
of Labor and the Contracting Agencies
SEC. 205. Each contracting agency shall be primarily
responsible for obtaining compliance with the rules,
regulations, and orders of the Secretary of Labor with respect
to contracts entered into by such agency or its contractors.
All contracting agencies shall comply with the rules of the
Secretary of labor in discharging their primary responsibility
for securing compliance with the provisions of contracts and
otherwise with the terms of this order and of the rules,
regulations, and orders of the Secretary of Labor issued
pursuant to this order. They are directed to cooperate with
the Secretary of Labor and to furni sh the Secretary of Labor
such i nforma ti on and assi stance as he may requi re in the per-
formance of hi s functi ons under thi s order. They are further
directed to appoint or designate, from among the agency's
personnel, compliance officers. It shall be the duty of such
officers to seek compliance with the Objectives of this order
by conference, conciliation, mediation, or persuasion.
SEC. 206. (al The Secretary of Labor may investigate
the employment practices of any Government contractor or
subcontractor, or initiate such investigation by the
appropri ate contracti ng agency, to determi ne whether or not
the contractural provisions specified in section 202 of this
order have been violated. Such investigation shall be
conducted in accordance with the procedures established by the
Secretary of Labor and the investigating agency shall report to
the Secretary of Labor any action taken or recommended.
(b) The Secretary of Labor may receive and
investigate or cause to be investigated complaints by employees
or prospecti ve employees of a Government contractor or
subcontractor which allege discrimination contrary to the
contractual provision~ specified in section 202 of this order.
If this investigation is concluded for the Secretary of Labor
by a contracting agency, that agency shall report to the
Secretary what action has been taken or is recommended with
regard to such complaints.
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SEC. 207. The Secretary of Labor shall use hi s best
efforts, directly and through contracting agencies, other
interested Federal, State, and local agencies, contractors, and
all other available instrumentalities to cause any labor union
engaged in work under Government contracts or any agency
referring workers or providing or supervising apprenticeship or
training for or in the course of such work to cooperate in the
implementation of the purposes of this order. The Secretary of
Labor shall, ,in appropriate cases, notify the Equal Opportunity
Commi ssi on, the Department of Justi ce, or other appropri ate
Federal agencies whenever it has reason to believe that the
practices of any such labor organization or agency violate
Titles VI or VII of the Civil Rights Act of 1964 or other
provision of Federal law.
SEC, 208. (a) The Secretary of Labor, or any agency,
officer, or employee in the executive branch of the Government
designated by rule, regulation, or order of the Secretary, may
hold such hearings, public or private, as the Secretary may
deem advisable for compliance, enforcement, or educational
purposes.
(b) The Secretary of Labor may hold, or
cause to be held, hearings in accordance with subsection (a) of
thi s secti on prior to i mposi ng, orderi ng, or recommendi ng the
imposition of penalties and sanctions under this order. No
order for debarment of any contractor from further Government
contracts under section 20g(a)(6) shall be made without
affording the contractor an opportunity for a hearing.
Subpart D - Sanctions and Penalties
SEC. 209. (a) In accordance with such rules,
regulations, or orders as the Secretary of Labor may issue or
adopt, the Secretary or the appropriate contracting agency may:
(1) Publish, or cause to be
publ i shed, the names of contractors or uni ons whi ch it has
concluded have complied or have failed to comply with the
provisions of this order or of the rules, regulations, and
orders of the Secretary of Labor.
(2) Recommend to the Departmen t 0 f
Justice that, in cases in which there is substantial or
material violation or the threat of SUbstantial or material
violation of the contractual provisions set forth in section
202 of this order, appropriate proceedings be brought to
enforce those provisions, including the enjoining, within the
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limitations of applicable law, of organizations, individuals,
or groups who prevent directly or indirectly, or seek to
prevent directly or indirectly, compliance with the provisions
of this order.
(3) Recommend to the Equal
Employment Opportunity Commission or the Department of Justice
that appropriate proceedings be instituted under Title VII of
the Civil Rights Act of 1964.
(4l Recommend to
Justice that criminal proceedings be brought
of false information to any contracting
Secretary of Labor as the case may be.
the Department of
for the furnishing
agency or to the
(5l Cancel, terminate, suspend, or
cause to be cancelled, terminated, or suspended any contract,
or any portion or portions thereof, for failure of the
contractor or subcontractor to comply with the
nondiscrimination provisions of the contract. Contracts may be
cancelled, terminated, or suspended absolutely or continuance
of contracts may be conditioned upon a program for future
compliance approved by the contracting agency.
(6) Provide that any contracting
agency shall refrain from entering into further contracts, or
extensions or other modifications of existing contracts, with
any noncomplying contractor, until such contractor has
satisfied the Secretary of Labor that such contractor has
established and will carry out personnel and employment
policies in compliance with the provisions of this order.
(b) Under rules and regulations prescribed
by the Secretary of Labor, each contracting agency shall make
reasonable efforts within a reasonable time limitation to
secure compliance with the contract provisions of this order by
methods of conference, conciliation, mediation, and persuasion
before proceedings shall be instituted under subsection (a)(2)
of this section, or before a contract shall be cancelled or
terminated in whole or part under subsection (al(5) of this
section for failure of a contractor or subcontractor to comply
with the contract provisions of this order.
SEC, 210. Any contracting agency taking any action
authori zed by thi s subpart, whether on 1 ts own moti on, or as
directed by the Secretary of Labor, or under the rules and
regulations of the Secretary, shall promptly notify the
Secretary of such action. Whenever the Secretary of Labor
makes a determination under this section, he shall promptly
notify the appropriate contracting agency of the action
recommended. The agency shall take such action and shall
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report the results thereof to the Secretary of Labor within
such time as the Secretary shall specify.
SEC. 211. If the Secretary shall so direct, contract-
ing agencies shall not enter into contracts with any bidder or
prospecti ve contractor unl ess the bi dder or prospecti ve
contractor has satisfactorily complied with the provisions of
this order or submits a program for compliance acceptable to
the Secretary of Labor or, if the Secretary so authori zes, to
the contracting agency.
SEC. 212. \,henever a contracti ng agency cancel s or
terminates a contract, or whenever a contractor has been
debarred from further Government contracts, under section
209(a)(6) because of noncompliance with the contract provisions
wi th regard to nondi scrimi nation, the Secretary of Labor, or
the contracting agency involved, shall promptly notify the
Comptroller General of the United States. Any such debarment
may be rescinded by the Secretary of Labor or by the
contracting agency which imposed the sanction.
Subpart E - Certificates of Merit
SEC. 213. The Secretary of Labor may provi de for
issuance of a U.S. Government certificate of merit to employers
or labor unions, or other agencies which are or may hereafter
be engaged in work under Government contracts, if the Secretary
is satisfied that the personnel and employment practices of the
employer, or that the personnel, training, apprenticeship,
membership, grievance and representation, upgrading, and other
practices and policies of the labor union or other agency
conform to the purposes and provisions of this order.
SEC. 214. Any certificate of merit may at any time be
suspended or revoked by the Secretary of Labor if thehol der
thereof, in the judgement of the Secretary, has fail ed to
comply with the provisions of this order.
SEC. 215. The Secretary of Labor may provi de for the
exemption of any employer, labor union, or other agency from
any reporting requirements imposed under or pursuant to this
order if such employer, labor union, or other agency has been
awarded a certificate of merit which has not been suspended or
revoked.
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PART III NONDISCRIMINATION PROVISIONS IN
FEDERALLY ASSISTED CONSTRUCTION CONTRACTS
SEC. 301. Each executi ve department and agency whi ch
administers a program involving Federal financial assistance
shall require as a condition for the approval of any 9rant,
contract. loan, insurance, or guarantee thereunder, whi ch may
involve a construction contract, that the applicant for Federal
assistance undertake and agree to incorporate, or cause to be
incorporated, into all construction contracts paid for in whole
or in part with funds obtained from the Federal Government or
borrowed on the credi t of the Federal Government pursuant to
such grant, contract, loan, insurance, or guarantee, or
undertaken pursuant to any Federal program involving such
grant, contract, loan, insurance, or guarantee, the provisions
prescribed for Government contracts by section 202 of this
order or such modification thereof, preserving in substance the
contractor's obligations thereunder, as may be approved by the
Secretary of Labor, together with such additional provisions as
the Secretary deems appropri ate to establ i sh and protect the
interest of the Uni ted States in the enforcement of those
obligations. Each such applicant shall also undertake and
agree: (l) to assist and cooperate actively with the
administering department or agency and the Secretary of Labor
in obtaining the compliance of contractors and subcontractors
with those contract provisions and with the rules, regulations,
and relevant orders of the Secretary; (2) to obtain and to
furni sh to the admi ni steri ng department or agency and to the
Secretary of Labor such information as they may require for the
supervision of such compliance; (3) to carry out sanctions and
penalties for violation of such obligations imposed upon
contractors and subcontractors by the Secretary of Labor or the
administering department or agency pursuant to part II, subpart
D, of this order; and (4) to refrain from entering into any
contract subject to this order, or extension or other
modification of such a contract with a contractor debarred from
Government contracts under part II, subpart D, of this order.
SEC. 302. (al "Construction Contract" as used in this
order means any contract for the construction, rehabilitation,
conversion, extension, or repair or buildings, highways, or
other improvements to real property.
(b) The provisions of part II of this order
shall apply to such construction contracts, and for purposes of
such application, the administering department or agency shall
be considered the contracting agency referred to therein.
(c) The term "applicant" as used in this
order means an applicant for Federal assistance or, as
determined by agency regulation, other program participant.
with respect to whom an application for any grant, contract,
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loan, insurance,
to the effecti ve
applicant after
assistance.
or guarantee is not finally acted upon prior
date of thi s part, and it i nc 1 udes such an
he becomes a recipient of such Federal
SEC. 303 (a) Each admi ni steri ng department and agency
shall be responsible for obtaining the compl iance of such
applicants with their undertakings under this order. Each
admi ni steri ng department and agency is di rected to cooperate
with the Secretary of Labor, and to furnish the Secretary such
information and assistance as he may require in the performance
of his functions under this order,
(b) In the event an applicant fails and
refuses to comply wi th hi s undertaki ngs, the admi ni steri ng
department or agency may take any or all of the following
actions: (1) cancel, terminate, or suspend in whole or in part
the agreement, contract, or other arrangement with such
applicant with respect to which the failure and refusal
ocurred; (2) refrain from extending any further assistance to
the applicant under the program with respect to which the
failure or refusal occurred until satisfactory assurance of
future compliance has been received from such applicant; and
(3) refer the case to the Department of Justice for appropriate
legal proceedings.
(c) Any action with respect to an applicant
pursuant to subsection (bl shall be taken in conformity with
section 602 of the Civil Rights Act of 1964 (and the regula-
tions of the administering department or agency issued
thereunder), to the extent applicable. In no case shall action
be taken with respect to an applicant pursuant to clause (1) or
(2l of subsection (bl without notice and opportunity for
hearing before the administering department or agency.
SEC. 304. Any executive department or agency which
imposes by rule, regulation, or order requirements of
nondiscrimination in employment, other than requirements
imposed pursuant to thi s order, may delegate to the Secretary
of Labor by agreement such responsibilities with respect to
compliance standards, reports, and procedures as would tend to
bri ng the admi ni strati on of such requi rements into conformi ty
wi th the admi ni strati on of requi rements imposed under thi s
order: Provided, That actions to effect compliance by
recipients of Federal financial assistance with requirements
imposed pursuant to Title VI of the Civil Rights Act of 1964
sha 11 be taken in conformi ty wi th the procedures and 1 i mi ta-
tions prescribed in section 602 thereof and the regulations of
the administering department or agency issued thereunder.
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PART IV - MISCELLANEOUS
SEC. 401. The Secretary of Labor may delegate to any
officer, or employee in the executive branch of the Government,
any function or duty of the Secretary under parts II and III of
thi s order, except authori ty to promul gate rul es and
regulations of a general nature.
SEC. 4D2. The Secretary of
admi ni strati ve support for the executi on
as the "Plans of Progress".
Labor shall provide
of the program known
SEC. 403. (al Executive Orders Nos. 10590 (Jan. 18,
1955), 10755 (Aug. 5, 1957), 10925 (Mar. 6, 1961l, 11114 (June
22, 1963), and 11162 (July 28, 1964l, are hereby superceded
and the President's committee on Equal Employment Opportunity
established by Executive Order No. 10925 is hereby abolished.
All records and property in the custody of the committee shall
be transferred to the Civil Service Commission and the
Secretary of Labor, as appropriate.
(b) Nothing in this order shall be deemed to
relieve any person of any obligation assumed or imposed under
or pursuant to any executive order superceded by this order.
All rules, regulations, orders, instructions, designations, and
other directives issued by the President's Committee on Equal
Employment Opportunity and those issued by the heads of various
departments or agencies under or pursuant to any of the
executive orders superceded by this order, shall, to the extent
that they are not inconsistent with this order, remain in full
force and effect unl ess and unti 1 revoked or superseded by
appropriate authority. References in such directives to
provisions of the superseded orders shall be deemed to be
references to the comparable provisions of this order.
SEC. 404. The General Services Administration shall
appropriate action to revise the standard Government contract
forms to accord with the provisions of this order and of the
rules and regulations of the Secretary of Labor.
SEC. 405. This order shall become effective 30 days
after the date of this order.
LYNDON B. JOHNSON
THE WHITE HOUSE
September 24, 1965
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FEDERAL MINIMUM WAGES
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.
GENERAL WAGE DETERMINATIONS
ISSUED UNDER THE DAVIS-BACON
AND RELATED ACTS
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AIVUSIOI
SAIl _o\AIlIIIO
SAIl loUts oats'"
SAllTA 8ADAlIA
VD'I'llIlA
SUItDIMG COllS'l'IlUt"l'IOlC PllGJlcrs
HIAVY CONS'l'IlUt"l'ION PllGJlcrs
MoC. ."lieul. to TV ICC'ou.C. vark oC' vac." ...U 4I'1111Dt
In K.rn couney. noc .pplica.l. t4 oil well drtlliDt
HIGHWAY CONS'l'IlUt"I'ION PlIOJlcrs
RISIOIllTIAI. CONS'l'IlUC'l'ION PllGJlcrs
(lnclud.' .lnq1. featly ao... and .part..ne. yp to and
inclY4i'" 4 .cori..) .
Not applicabl. eo r"id'"C~.l eoft.t~~ion project. in Inyo .Ad
Kana COW'lti..
OREDCtNC PIlOJIc:1"S
nt. ..,aq. <seci.l0ft d.oe. not includ. "opper 4red._ vork oZ' cae
1ft.call.Clan of lolaI' enarqy .y.t.... .
Modl!ication Nu.b.r
o
1
,
P\aal. i.c:"~1.c)" o..e..
nJ 1.9J 1"]
01/05/1")
0" J 11/ 19')
1::"'30001 .. 1
MW-01
SOUTH
1
94
99
1
I
COtiNTY ( lU I :
IMPERIAl.
:SYO
KER.~
t:S ).NCE:'::S
.....r:~c
:AA.'lCC:
il:':E~S :rE
~;""''1 aElt."'lA.RO::~IO
SAH l.ti:S OBISi'O
SANTA BUBAR;.
':ENT\iRA
1
1
ASBEOOOSB OliOl, :'99J
Rat... F"rln~.s
:MPE~IAl.. :NYO, KE~N, ~S ANCEL4S, ORANCE, ~IVEASrOE. SAN
9EANUOINO, SAN 1,t;:S rBIS.o, SANTA BARBARA AHO VENTURA COUNTIES:
1
INSULATOR/ASBESTOS .O~KERS:
1
Insulat.or/asbest.os workers
Hazardous mae.r~.~ ~4ndl.r
25.3:-
lO.75
7.53
1. 75
SCOPE or "ORK:
1
:::StiLATOR'ASBESTOS .ORKER: lncludes applical:ion ot all
'-~Jl~tinq ~at..r~a!s. prot.ect.lve eoverlnqs. coaeinqs and
:l~~snlnqs to all tYp.. ot m.cnanlcal .YSl:...
HAZAROOUS MATERIAl. HANOL%R: dUl:l.. liail:ecI l:o: pr.paration.
.1ttl~q, strlpplnq, romovai. scrapplnq. vacuuainq. baqqlnq and
'!:~~~sln~ ~r 31l ~~~ulat.l0n materlals. wh.~h.r they eOn~&ln
~so.stos or ~ot.. er~m mecftanlcal .yst.... .
1
1
----------------------------------------------------------------
~SBEOOl6C O~/01/l992
Rau.
rrinq..
I
"ONO COUNTY:
tNSULATOR/ASBESTOR WORKERS
29, '0
s...
1
I
SCOPE or WORK: includ.. applical:ion ot all in.ulal:inq
~ao.rlals. proo.ctlV. cov.rlnq.. COal:lnq. and tini.ftinq. l:o all
oyP.. ot m.cnanlcal .Y.l:...
.4........
----------------------------------------------------------------
. BOIL0092A 00/01/l993
I
BOI:'ERMAKERS
RU..
26.16
rrinq..
7.54
.-------------------------------------.-------------------~--~--
BP.CAOOOOB o~/nl/19.1
I
Rae.1:
p tIlERS tOE AND ~AN RERN.:..P.OUIO COt:~I":": E..:::
rri.nq..
I
CA'))OOO= . ~
I
NW-02
SOO':S
I
1
I
I
94
99
I
BRICKLA~ERS: STONL~ONS; AND ~8LE
SET'I'EIlS :
Fo~ I~.,n ~~y Tra.n.nq Canear;
~aval A~r w.apons seae~o". Ch.na
~k.; and ~..ney-n~n. Pal=S
Mar~n. 8... 29.44
R....nder ot Rlvarslde and
San Bamara.no coune.a. 2J.82
S.JO
I
S.JO
I
I
----------------------------------------------------------------
Rat..
LOS ANGELES. OAANGE AND vEIl't'IJAA COUll't'IES:
BRCA0004C 09/01/1992
Frin9..
I
':'EAAAno woJU(DS AND TILt SE'l"t'EJIS
----------------------------------------------------------------
24.99
8.80
I
I
BRCA00040 07/01/1992
I~PERI~L COUNTY:
ht..
Frinq..
BRICKLA~ERS: STONEMASONS: MARBLE
St'l"1'EIlS
----------------------------------------------------------------
22.00
5.95
I
BRCA0004E 07/01/1992
VENTIlAA COUNTY:
Rat..
fri..,..
~ -
I
BRICKLA~EIlS
----------------------------------------------------------------
22.00
8.U
I
I
I
I
I
Rat..
SAN LUIS OBISPO AND SANTA BARBARA coUll't'IES:
BRCA0004F 07/01/19'2
rrinq..
BRICKLA~ERS: STONEMASONS: MARBLE.
TERRAnO AND TILE stTTEJIS
----------------------------------------------.-----------------
23.80
5.25
BRCA0004G 01/01/19'2
IN~O. KERN AND MONO COUNTIES:
Rata.
Frinqe.
9RICKLA~ERS; STONEMASONS:
Edwa~ds ~1r Force 8ase; and Naval
CUJ0002 - ]
I
_-03
SOOTS
I
1
I
94
99
I
I
A~r W.apcns Seae1on. Ch~na ~k. 26.90
5.21
I
I
I
----------------------------------------------------------------
R..alnd.r of Inyo and K.rn
countl..: and ~cno county 23..5
5.21
BRCA0004H 05/01/1992
Rat.. Frlnq..
KERN. ~S ANCELES. ORANCE, RIVERSIDE. SAN BERNARDINO. SAN ~IS
OBISPO. SANTA BAR8AIlA AND n:lTllRA COUNTIES:
IlARSLE S ET'I'ERS
25.32
6.05
----------------------------------------------------------------
BRCA0004J 09/01/1992
I
Rae.. Fr1nq..
KERN. ~S ANCELES. ORANCE. RIVERSIDE. SAN BERNARDINO. SAN t.llIS
08ISPO. SANTA BARBARA AND VDlTlJRA COUN'1'IES:
1
IlARBLE ANO TILE FINISKERS
19.27
6.97
------------------------------------------------------~---------
I
BRCA00040 09/01/1992
IMPERIAL COUNTY:
Rae..
rrinq..
TERRAZZO , TILE SE'1"l'ERS
24.99
6.60
1
----------------------------------------------------------------
BRCA0004P 09/01/1992
rrinq..
SDllABDIIIO.
1
Rat..
INYO. KERN. ~S ANCEt.ES. ~OHO. ORANCE. RIVERSIDE. SAN
SAN t.UIS 08ISPO. SANTA BARBARA AND VEIlTURA COUNTIES:
TERRAZZO WORKERS
24."
......
I
----------------------------------------------------------------
I
I
I
1
Rae..
RIVERSIDE AND SAN BERNARDINO COUNTIES:
BRCA0004R 10/01/1992
rrilllJ..
TILE SE'1"l'ERS
24.99
5.52
----------------------------------------------------------------
BRCA0004S 09/01/1992
I~PERIAt. COUNTY:
Rae..
Frinq..
CA910002 - 4
I
I
N1f-04
SOOTS
I
1
94
I
I
I
I
I
1
1
1
I
1
1
I
I
I
1
1
1
I
99
TERRAZZO AND TILE SE~ERS
24.99
6.60
BRCA0004U 05/01/1992
-------------------------------------------------------~--------
LOS ANCELES COUNTY:
BRICKLAYERS: STON~~SONS
Rates
Frinqes
25. J2
6.05
BRCA0004V 11/01/1991
----------------------------------------------------------------
INYO. KERN AND MONO COUNTIES:
TI LE S E'I"l'ERS,:
Edwards Air Force Bas.: and Naval
A.r w.apons Stat.on, Ch.na Lake
R.~ainder of Inyo, K.rn and
Mone Count.ies
Rat..
'rinq.s
~0.40
J.40
17.40
J.40
---------------------------------------------~------------------
BRCA0004W 05/01/1992
ORANCE COUNTY:
BRICKLAYERS: STONEMASONS: KARSLZ
SE'1"I'ERS
Rat..
'r1/19..
24.25
5.10
----------------------------------------------------------------
BRCA0007, 08/01/1992
INYO AND MONO COUNTIES:
MARBLE SE'1"I'ERS
Ratea
'r1nge.
26.80
10.55
CARP0002A 07/01/1992
----------------------------------------------------------------
CARPENTERS:
Work on sinqle fa.ily ho...
, ap.r~m.n~s up to .nd
lncludinq 4 stori..:
Framer , finiSh carpenter
Insulation .nstaller
Shlnqler
Concrete , rcrm worker
ReSldentlal fenee bUl1der
CA9J0002 - 5
0-05
SOO'1'8
Rate.
'r1"9..
17.69
15.50
16.42
18 .17
17.01
4.80
1.55
1.80
~.80
L80
I
I
94
99
I
Cabin.~ in.tal:.~
Subearranean qaraqe c:ncre~.
censeruct.lon
1
All ot.ner worle:
1
:nvo. K.r~ and ~ono Count.les;
Carp.neers (lnC~~dlnq ~ryva!l
lat.nlnq), caClnet. l~st.a!:.r.
insulat.lon ~nst.all.r. !loor
worker and Icoust.leal
installer
Shlnqler
Sa.. f Uer
Table power saw op.rat.~r
Pneumat.lc nAiler or po~.r
stapler
Commerclal fence bUl1der
Roof loader of snlnqles
(commercial) -
l1ill..riqne
Pile driver: Oerrick ~arq.:
Bridqe or dock carpeneer:
Cable splicer: Keavy framer:
ROCk sUnqer
Kead rock slinqer
Rock barqe or sea..
I
I
1
1
1
Remainder of count.l..:
Carp.neers, cablnee inst.aller.
.nsulae.an .nsealler. floor
worker and acoust.lcal
installer
Shinqler
Sa.. f il....
Table power saw operator
?neumae.e nailer or po..er
stapler
Commercial fence bu.lder
Roof loader at shinqles (eam-
:narclal)
l1illlolnqne
?le drlver: Oerriek barqe:
Brldqe or dOCk earpeneer:
Cable splicer: H.avy fr...r:
Rack sUnqer
Head rock slinqer
Rock barqe or scow
1
I
I
I
18.09
4.80
:8. : i
4,80
23.n 4.'0
23.36 4,80
23. Jl 4.'0
23.33 4.'0
23.48 4.'0
21. 51 4.'0
18.35 4. 'CT
H.30 4.'0
23.93
H.03
n.83
4.'0
4.'0
4..0
n.80 4.'0
2 J. 93 4.'0
n." 4.'0
n.90 4.10
H.05 4.'0
21. 51 4.'0
18.75 4.'0
H.30 4.'0
23.93 4.'0
H.IU 4.'0
23.8] 4.'0
-----------------------------------------------------------~~~~~
I
CAR?0002B 07/01/1991
OIVtRS:
I
CA9]0002 - 6
1
I
Mlf-06
SOOTH
I
Rates
rr in"..,
I
94
99
I
I
Diver, wat.
Oiv.... .und-by
OlV... una...
1
52.86
2e.43
25,43
4,40
4. 40
,4.40
NO~: Oiv.... snall ".C.1V. a .inlmum at 8 hou... pay to.. any day
Or' par-': enereot.
CARPOOOZC 07/01/1990
__________________________________________________________ewe_e.
1
1
DRYWALl. INSTAI.IJ:RS / LATllERS:
wo..k on .in'll. !a.lly hom.. and
apa..~=.nc. up co and lncludin'l
4 seer:...
All ocn... wo..k
Rac..
F..in9..
------------------------------------------------------____ewe_e.
18.53
23.24
4.23
4.23
1
1
CARP0003P 08/01/1991
INYO, KERN AND MONO COUNTIES:
KAR8LE. TERRAZZO' TILE FINISHERS:
Eawa..d. Ai.. Fo..c. Ba..: and Naval
Air W.apon. Sta~ion, China Lak.
R..aind.r at Inyo, K.rn and
!10no Count i..
1
Rat..
Fr1n9..
16.71
13.78
3.15
3.15
CARPOOllC 06/01/1990
----------------------------------------------------------------
1
1
1
1
I
I
1
Rat.. Fr1nq..
LOS ANGELES. ORANGE. RIVERSIDE, SAIl BERNARDINO, SAIl WU OBISPO,
SANTA BARBARA AND vtIlTIJRA COUNTIES:
I'lAR8LE AND TILE rINISII!RS
CARPOl17A 06/01/1"1
----------------------------------------------------------------
19.21
'.32 '
Rat.. ,..1nq..
KERN, LOS ANGELES, ORAIIGI, RIVUSIDE. SAIl BEJlNARDIIIO, SAIl WIS
08ISPO. SANTA IAIlIARA AND VIll't'Il1tA COllNTIES:
TERRAZZO rINISHIRS
. ELECOOllA 0'/01/1992
----------------------------------------------------------------
ZO.9I
3.80
LOS ANGELES COUNTY:
ELtC'l'RICIANS:
CA930002 - 7
1
1C1f- 0 '7
SOO'f.
I
1
Rat..
rr1nqe.
.
.'
I
I
94
l)f1
I
I
Work on linql. !a~ll! ~om.s and
apar~=.nes up ~~ ana Lncludlnq
4 leorles lS.'O l\ . 4,11
Tunnel worK:
Elecerlolan 28.00 l\ . 8.44
Cael. OpllOe" 28.60 l\ . 8.'"
All Qt.ner ....orK:
El.c~~lclan: ~:a::~= slqnal
lnsealler 25.20 3\ . 8.44
Callle IpHcer 25.80 Jt . 8. H
------------------------------------------------------.---------
1
1
ELECOOllB 08/01/1992
t.OS ANGELES COUNTY:
Rae..
'riftq..
1
~INE CONSTRU~ION:
Line eechnlClan
Callie Iplicer
Ground person
25.20
25.80
15.U
a . 7.94
a . .7.94
a" 7.94
1
---------------------------------------------------------------- .
. EtECOOllC 12/01/1992
1
Rae.. rrinqa.
Il/YO. KERN. ~OS ANCELES. ~ONO. ORANCE. RIVERSIDE, SAM BERNARDINO,
SAN ~UIS OBISPO. SANTA BM-SAM AND VEllTUIlA COUNTIES:
1
COMMUNICATIONS AND SYSTEMS WORK:
I
Karn. ~os Anqalel, Oranqa,
San ~~ll ObllpO. Sanea
Sareara and V.ne~ra Counel..:
CommunlcatlQnS , systems
In.eallar 16.15
Comaunlcaelon. , Iy.e...
eeCftnlClan 17.'0
Sound eecftnician (~.
Anq.le. Couney only) 18.'0
Alarm eeCftnlClan II (Oranqa
Co~ney only) (d~ei..
limle.d eo pulllnq wira eo
and earminaelnq daYlca.:
noe eo in.eall davic.. eftae
in~.rtac. Wl~n o~n.r con-
eraceor. (aOunelnq waear!low.
duc~ detectors. d..pers or
connacelnq oonerol panalsl 1].93
-
1
a . J.40
Jt . '.40
a . J.40
1
1
a . J. 40
1
tnyo. ~ono. Riverside and San
a.rn41"01no Coune18.:
CommunLcat.lons , systems
lnst.aller
lG.15
It . 2.75
1
CAtJ0002 - 8
I
I
_-08
SOOTH
1
1
94
99
1
I
Communieatlons , sys~.m.
eec:nnlClan
17,90
l\ . 2.75
1
SCOPE Of' \lORK:
:ns:allatlon. t..t.lnq. service and saine.nanc. ot SYIt.ems
ut.illzlnq ~n. ~=!nSmlS.lon &nd/o~ tran.tar.nee ot VOlee. lound~
ViSlon and dlq.tal for comaercial, .ducaelonal. ..curlty and
entertalnment pu~os.s for t~. tollowinq: TV .onitorlnq and
survel11ance, bacxgrouna-toreqrouna SUS1C. in~erco. ana ~elephone
lnterconnect, inventory control syse..., .ierow.v. tran..llllan,
=Ul~l-Seal.. Sul~lplex. nurse '.11 sy.~e... r.dio p.qe. .chool
ln~erco. ana souna. burglar a.ara., tire .l.ra- and lov vol~.qe
master clock system..
I
1
1
Communication Syst.... tbae tr.n..it or reeeiv. intoraation
analor con~rol sys~e.s ~h.~ are in~rin.ic ~o ~h. above li.~ed
sy.~ess: lnc1uslon or exclu.ion ot ~erainations and ~e.tinq. ot
conauc~ors de~eralned by ~helr tunc~lon: excludinq .11 oth.r da~.
sys~e.. or Sul~lple .y.~e.. which includ. con~rol tunc~ion or
power supply: excludinq in~.lla~ion ot r.cew.y .ys~e... line
vol~aq. work. and en.rqy sanaqesen~ .y.~e...
Oees no~ cover werk pertormed .~ China Lake Naval Oranance
Tes~ Stat lon, Edvard. Air Forc. ..... Elk Kill. Nav.l '.CZoleua
Reserve, Point Arquello .nd V.nd.nb.rq Air Force .....
In ~he Coun~ie. ot Inyo, Mono. River.ide and San "maraino,
fire alarm werk Shall be performed .~ ~he current in.id. Vlre.an
to~al co.t pack.qe.
I.
I
1
------------------------------------------------------------~---
. ELEC041JA 12/01/1992
SANTA BAR.ARA COUNTY:
Rate.
rrinq..
1
ELECTRICIANS:
1
\lerk on sinqle t..ily ho.e.
and apar~.en~. up ~o and
includlnq 4 .~orie.
15.J5
n . 4. 10
1
All other work:
I
POlne Arguello And
'/4ndenberq Air Foree e...:
[l.eerie.l subeoncrace.
over S50.000:
Eleetrieians
Electrlci.ns, weldinq
Cable spl1.cers
Eleeer'lcal subeoner3cts
21.07
28.57
29.57
-
n . 6.40
n . 6.40
J\ . 6.40
I
1
CA9J0002 - 9
1
MW-Og
SOOTH
1
I
I
I
I
I
I
I
I
I
I
1
I
I
I
I
I
I
I
I
1
94
99
ot S50.000 or lsss:
Elsc~rleans
Elsc~r'e.ans. .sid.nq
Callle spileus
R.malnd.~ of Sanea ear~ara
coun~y:
E:.e~rleal suceQn~rac~5
over 550,000:
Elacer:.oi.ans
Elsc~r.c.ans, .sid.nq
Cabis spi.esrs
El.c~ric&l succone:ac~s
ot S50.000 or .sss:
Elact.r:"clans
Elact.::"c14ns. w.l~lnq
Callle spilcen
2 ~. J 0
24.80
25.80
1\ . 6,40
)\ . 6.40
H . 6,.0
24. J2 1\ . 6.40
24 .82 J' . 6.40
25.82 1\ . 6.40
20.55 1\ . 6.40
21. 05 1\ . 6.40
22.05 1\ . 6.40
----------------------------------------------------------------
E:EC04ilB 08/0l/l99l
SANTA SARBARA COUNTY:
~INE CONSTRUCTION:
POln~ Arqueilo and
Vandanberq Alr rore. Ba.a:
~ln. e.e~nlclan: Equlpm.n~
opera~or
Callis splicer
Ground parson: Ground
person/drlver
Remalndar at Santo. Barbara
coun~y:
~lne ~echnic.an: Equlpmen~
operator
Callle splicer
Ground person: Ground
person/drlver
Rau.
rrin"e.
21.51
29.21
u . 6.30
4' . 6.30
U . 6.30
n.19
23.U
25. Jl
18.04
U . 6.30
U . 6.30
4t . 6.30
----------------------------------------------------------------
E~EC0428A 06/0l/l992
KERN COUNTY:
EUc-:'RICIANS:
Edwards Air Foree 8ase and Naval
A1C' Weapons Seatlon. enlna ~k.:
Work on slnqla ~amLly homes
~nd ~par~m.nes up :0 and
CA9J0002 - lO
Mlf-l0
SOOTH
Ra~"
rrin"..
I
I
94
99
I
incl~dlnq 4 .eO:le.
All aener wark:
Elece:lcan
Callle spl.:_r
14.00
4.25. .1.60
I
26,59
2B,77
4.25' .5.15
4,2H .5.:5
I
RemAlnder of K.r~ CQun~y:
Work on s~nql. ~a=11y nom.s
and apar~=.n~s ~p ~~ an~
includlnq 4 se=r~.S
All aeher wark:
Elecencan
Callle splIcer
lJ. 00
4.25. .2.60
I
21.84
24,02
4.25t .5.15
..25t .5.15
----------------------------------------------------------------
ELLC0428B 06/01/1992
Raee.
rrinq..
I
K!:lUI cotJll'l'Y:
~INE CONSTRUCTION:
1
Edwards Air Farce aase: and Naval
A.r ~eapans Seaelan. Chlna ~Ke:
Gra~nd persan/TrucK drlver 21.13
Line t.c~nlcian: H.avy
equipmene aperaear 26.5'
Callle spllcer 21.77
.. + 5.15
I
II
., + 5.15
" + 5.15
I
Remalnder af Kern ca~ney:
Gra~nd persan/Truck drlver 16.31
Llna teennlcian: Keavy
equlpmene aperaear 21.1.
Callle splicer 2..02
.. + 5.15
.. + '.15
.. + '.1$
----------------------------------------------------------------
1
ELLC0440A 12/21/1'92
RIVERSIOE COUNTY:
Raee.
rrt""..
I
'ELLCTRICIANS:
~ark an slnqle fa.ily hame.
and a~ar~m.ne. up eo and
lncl~dlnq 4 searl..
14.50
n + Z.91
I
All otn.r '..orl<:
Eleet.rlclans
Cable spllcers
Elec:t.rlclans, w.ldi~q
22.13
23.33
23.13
3' + I."
n + I."
n . I."
I
----------------------------------------------------------------
ELEC::i4l;OB
07/05/1992
I
CA'J0002 - 11
I
1
MW-ll
500'1'B
I
I
94
I
I
1
1
I
I
1
1
I
I
I
1
I
I
1
1
1
1
99
RIVERSIOE COUNTY:
~:~E CONSTRUCT,ON:
I...l.ne teChnlClan
Cable Spllcer
Gr-ound person
Rate.
f'nnq..
22.U
22.96
16,15
n . 6.6l
., . 6.6l
" .6.6l
. ELECO..1A 12/01/:992
----------------------------------------------------------------
ORANGE COUNTY:
ELECTRICIANS ANO ~I~E CONSTRUCTION:
ELECTRICIANS:
~arK an .lnq1. faml1y nam..
and ap.r~~.ne. up to and
lnclud1nq 4 Searle.
All aen.r ~arK:
Elecericians
Call1. splic.rs
~INE CONSTRUCTION:
~.n. teChni.cian: Heavy
equlpmene operator
Calll. .pUcar
Ground person
Rae..
Fr1nq..
l5.10
n . 1.95
n . 5.10
n . 5.10
25.50
26.67
25.50
26.67
21. "
J' . 5.10
J' . 5.10
n . 5.'0
ELLCO.,7A 12{01/1992
----------------------------------------------------------------
Rae..
I~YO, MONO ANO SAM .ERNAROI~ COUNTIES:
rri""..
E~ECTRICI...NS:
~arK an sinql. fa.ily ham..
and aparem.ne. up ea and
cncludlnq . .earl.' (San
..rnardlna Cauney anly)
All ot.her work:
Area ~lthin 75 road sil.. eras
tn. ~a~n pose otti.c. 1M S.n
Bernardino:
Elecerical coneraces over
53.000.000:
ElecerlcJ.ans
C.3ble spllcers
CA9J0002 - 12
N1f - 12
SOO'1'B
14.50
J' . 2.15
22.34
22.84
n . 1.0a
n . I. O.
1
I
I
1
I
1
1
1
1
1
1
I
1
I
I
1
1
1
1
94
99
Elec~rlelan. weldinq
Elee~rlelan, ~~nnel
work.
El.c~rlcal contrac~s
$3,000,000 , ~nQer:
Elec-erlC.lanS
Cable .phears
Elec~rlclan, weldinq
ElectrlC14n. tunnel
work
Remainder of ar.a:
Elacerlcal contracts over
$3,000,000:
El~rleians
Cable .pl iears
Elec~riclan, weldinq
Elecerlcian. tunnel work
Elec~rleal eenerac~s -
$3,000,000 and under:
Elec't.r'lclans
cable .phcars
Elecerlcian, weldinq
Elec~rician. ~unnel work
22.14 Jt . a.04
24.'7 3\. . a.04
21.58 3\ .. 1.04
22.0a J\ .. a.oa
22 .oa J\ .. a.oa
23.74 J\ .. 1.0a
29.34 3\ .. a.04
29.14 Jt .. a.04
29.14 Jt .. a.04
32.27 Jt .. a.04
21.58 Jt .. '.04
29.0' ], .. a.04
29.0a Jt .. a.04
n.44 Jt .. '.04
ELEcoa77B 12/01/1992
----------------------------------------------------------------
R.~e.
INYO, MONO AND SAN BERNARDINO COUNTIES:
~11l9U
~INE CONSTRUCTION:
Wi~nln 75 read .il.s tro.
en. Main Pos~ Ottic. in
San Bernard.no. C.liternia:
subcen~rac~s und.r
$2.000,000:
~.ne tecnnician
Cabl. splic.r: ~n.
~.cnnician. w.ldin;
Ground p.rson
Subcen~r.c~s ov.r
$2,000.000:
~in. ~ecnnician
CaDl. splic.r: Lin.
technlcian. weldinq
Gro"nd penon
Remainder or ar..:
Subcontracts ~nd.r
S2,OOO,000:
CAt]0002 - U
"'-13
SOO'1'8
-
21.n
n .. '.00
21.91
16.06
a' .. '.00
n .. '.00
22.16
n .. a.oo
22.66
16.62
n.. '.00
n .. a.oo
1
94
1
I
1
1
1
I
I
1
1
1
1
1
I
I
I
1
I
1
99
Lina uc:nn1caan 28.41 4\ .. 8.00
CaDla s;>l.cer: ~;.n.
eec:nn.1.C:':'J.n. '.alo1Mq 28.n 4\ .. 8.00
Grouno person 23,06 H .. 8,00
subc:on1:rac~S o".r'
$2,000.000 :
to1ne t.ecnnlclan 29.16 H .. 8.0a
CaDle s;>l.cer : t....ne
t.ec:nnl.C1.an. '.eldlnq 29.66 4\ . 8.00
Grouno person 2J.6:! 4\ .. 8,00
----------------------------------------------------------------
ELECO'69C 02/01./1.993
:~PERIAL COUNTY:
LINE CONSTRUCTION:
commercial overhead line work:
cannary ,",orlt:
L1na eac:nn1c:ian: Haavy
aqu1;>mane o;>araeor
Grouno ;>arson
Grouno parson/eruC:1t or.var
All oenar co..arcial
underqround line work:
~ln. eec:nnlcian: H..vy
equ.p.ane o;>araeor
Grouna parson: Ground
parson/eruc:1t orivar
Raea.
Frinqa.
23.87
1.7.60
1l.78
'U . '.12
U . '.12
,\ . '.12
1.6.27
n."
,\ . '.1.2
U '. '.12
~,
-----------------------------------------------------------~----
. ELECO'690 02/01./1.993
I~PER:AL COUNTY:
ELECT1U CIANS :
~orlt on slnqla fa.ily no.a.
ana apare.anea up eo ana
1ncluainq 4 .eor.a.
Sound. work:
Sound. t..c:~nic:ian
Telephone interconnect.
t.echnlcian .
Sound p. rson a
ueilley ,",orlt:
ueil.ey eac:nn.cian 11
uel11t.y tec:nnlclan _2
All oenar ,",ork:
€l.ct.rlc~l subcontrac:s over
CA930002 - 14
0-14
SOO'1'H
Rae_
rdneJ..
14.31. ,.. 2.51
16.91 ,.. 3.3S
1.3.'2 ,.. J.n
1.1.. 84 ,.. 2.76
1.'.81. ,. . 1..76
12.16 1\ . 1..76
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
1
94
99
5'00,000'
EhC1:rlcans
Calll. I"llcers
El.e~rlca! succon~:ac~. ot
5'00,000 or leIS:
E':'ec-:ric:'3ns
Ca.ble sp.l.J.cers
2J .11
2J.56
H . 5. J2
l,' + 5.l2
20.l6
20.n
H . 5.J2
H . 5.32
SCOPE OF WORK:
Sound ~ork: Ass.maly, in.1:.11.1:ion. oper.1:ion. ..rvic. .nd
maine.nane. of compcnenes or ,ysc... a. used in closed circuit
1:.l.vls1on, a."ll!led m..1:er 1:.1.vi.ion di.1:rillu1:ion. CATV on
prlv.1:. pro".r1:Y. 1n1:erCOmmunlc.1:ion. llurql.r al.rm. ,tire alarm,
llte lu""or1: and all l.curl1:Y al.rm.. priv.1:. and putllio
1:.1."hon. and r.la1:ed 1:.1.phon. in1:.roonnect. putllio .ddr....
paqinq, audio. lanqu.q.. el.C1:ronio. ll.okqround su.io .y.1:.. 1...
1:h.n line vol1:aq. or .ny .y.1:.. aooep1:.tll. tor ola.. 1:VO virinq
tor prlv.1:.. comm.rclal. or lndu.1:rial u.. furnished lly l..~.d
~ir.. tr.qu.ncy sodul.1:ion or o1:h.r racordinq d.vio.., .1CCl:rio.l
appar.1:u. lly m.ans of ~nich .1.01:rioi1:y i. .pplied 1:0 1:h.
amplitlcaelon, transmls.ion, transference, recordinq or
reproductlon of voic., au.ic, sound. i.puls.. and vldeo.
Exclud.d fros 1:hlS Sco". of Work - 1:r.n.si..ion, ..rvio. .nd
ma1n1:.nanc. ot baokqround mUS1C. All of 1:he .IloV. .h.ll includ.
1:". 1ns1:.11a1:ion and 1:r.n..l..ion ov.r tiber op1:io..
Sound 1:.chnici.n: T.rmln.1:inq. oper.1:inq and p.rforminq
t in41 ctteck-out.
Sound p.r.on B: Wir.-pullinq. .plioinq, ....ablinq .nd
1n.1:allinq d.V1C..
Uhl11:y ~ork:
U1:1111:y 1:.ohnlci.n 11: In.1:.11.1:ion ot .er..1: liqhc. .nd
1:ratflc "'qnals. 'ncludinq .l.oerical oircui1:ry, proqr....tll.
con1:roll.r. p.d..1:al-soun1:.d .1ac1:ric.l ..car enclosur.. and
lay,nq of pr.-.s..sOled C.lll. in duC1:.. The l.youe of .lectrioal
"Y.1:.m. and commun10a1:10n In.1:.11.1:ion includinq proper po.ieion
of 1:r.non d.peh.. and r.diu. .1: dUOl: ll.nk.. locaeion for
m.nnol... S1:r..1: liqh1:.. .nd 1:r.ffio .iqn.l..
U1:11i1:Y 1:.chnioi.n 12: Di.1:rltlU1:10n of ..1:.ri.l .e job
Sl1:a, ,n.1:.11.1:10n of undarqround duoe. tor .lectrio.l.
1:.1.pnon.. c.Ol. TV. .nd oom.unio.1:ion .y.1:.... Th. ..eeinq,
lavel1nq. qroundinq and r.ckinq of pr.oa.e ..nhol.., h.n4hol..
and eranstormer pad..
----------------------------------------------------------------
ELEC06J9A 06/01/1992
SAN LUIS OBISPO COUNTY:
Rae..
rrinq..
ELEc"rR!~:ANS:
CA930002 - l'
H1f - 15
SOOTH
-
I.
I
94
99
I
WorK on 51nq1. taml1y hO..'
and apartMents ~p to and
includinq J St~~~.s
All oeh.r ",ork:
!l.c~rlcal c~nt~acts ov.~
5200.000. :
Electl:'lClans
Cable spJ..:.cers
El.c~rlcal .elders
El.cerlcal conerac~s 5200.000 or
lu.:
Ehctrlcian.
Cabl. SpllcorS
El.ctrlcal ....ld.r.
15.78
H . Ll6
I
I
23.25
25.58
H.41
H . 5.61
H . 5.61
H . 5.61
I
----------------------------------------------------------------
20.90
22.99
n.95
H . 5.61
H . 5.61
H . 5.61
I
ELECOI39. 01/01/1992
SAN LUIS OBISPO CO~NTY:
Rat..
'rinq..
1
~INE CONSTRUCTION:
Lin. eechnician: ~in. truck
operator: L.n. equ.pmene
operator
Cabh splic.r
~J.n. ....ld.r
Ground p.rson
23.25
25.51
H.41
17.44
u . 5.5"
U . 5.,.
4' . 5.,.
4' . 5."
I
----------------------------------------------------------------
I
. ELEC0952A 04/01/1993
VENTURA COUNTY:
Rat..
'1'1""..
I
ELECTRICIANS:
I
Ar.a ...iehin J2 rOad sil.. rrom
eh. n.ar..t ba'J.nq polnt:
Ehctricun
Cabl. .plic.r
25.40
27.94
H . '.75
H . ..75
I
I
R..aind.r or V.ntura Councy:
El.ctrl<:ian .
Callh splic.r
JO.40
32.94
H . '.7"
H . '.75
----------------------------------------------------------------
Ba.lnq point.: eh. .ain Po.t Orric. in the citi.. ot
C.s.rlllo. Oak Vi.v. Oxnard. Santa Paula and V.ncura.
I
. ELEC0952B 04/01/1993
VENTtIRA COUNTY:
Rat..-
'rinq..
I
CA930002 . 16
1
I
Mlf-U
SOOorH
I
I
I
94
I
I
1
I
1
1
I
I
1
I
I
I
I
I
I
I
I
99
LINE CONSTRUCTION:
Ar.. with~ )2 ~oad ~ll.s ~rom
tne nearese caslnq pOlne:
~in. t.c~nlelan: H.avy
aqulpmene operaeor
cable Ipllcers
Grauna p.nan
R..alna.r af V.neura Couney:
Lln. e.cnnlclan: N.avy
.qulP..ne op.raeor
Cabl. splic.r
Grouna p.rsan - ~ruck arlver
25.60
21.96
19.05
H . 6.65
'" . 6.65
H . 6.65
lO.60
l2.96
H.05
6' . 6.65
6' . 6.65
H . 6.65
ea.inq paines: ene .ain Po.t Offic. in the cities of
ca..rlllo, O.k View, Oxn.ra, S.ne. Paul. and V.ntura.
----------------------------------------------------------------
. ELEC1265A 06/01/1992
OUTSIOE UTILITY TRANSMISSION WORK:
~ln. worker: Cable splicer
Powder worker
Ciround person
~ln. wor~.r. ....eldinq
Rat..
Frinq..
3.'" +6.00
3.15' .6.00,
3.15' +6.00
3.'" .6.00
24."
23.63
16.10
26.U
Scape af Work: All QUe.ide work on electrical tran..i..ion '
I.n.s, sw.echy.ra. ana sub.e.eion., and outside work in
.l.c~r.cal ue.liey ai.erlbueion .y.te.. owned. asint.ined and
op.rae.a by .l.cer.c.l ueiliey co.p.ni... .unicipaliti.., or
qav.rnmeneal aq.nCl.. .nq.q.d in uelliey op.r.tion. whicft shall
lnclude: .
1) Pol. line con.eruction work (wn.th.r built ot wood, ..tal
ar aeher m.e.r..l): en. diqqinq .nd b.ck-fillint ot bol.. t~'
pole. or .ncnor. (by n.nd or .ecn.nic.l .qui~nt): tAe 8dYint ot,
.mploy..s. eool.. or .quip..ne: eh. lo.dinq .nd 80Yinq of
mae.r.als fra. en. fir.t drop: eh. n.ndlinq. ....&Dly Or .rection
of all mae.rial. includinq en. quyinq, .trinqinq of co~or. Or
oen.r work n.c....ry an enrouqh eo eh. ultiast. c08pl.tion of
such pole 11n. work.
21 se..l or ..t.l structur.. u..d for the purpo.. of carryinq
elecerlcal wir... conduceors or eq\up.ene (cfti. .includ..
transm!SSLOn eowers, Quedoor lubseaclan., swieCh racks or ai.11ar
.l.e~~lcal seruceur..): ehe movinq ot .mploy.... eoola or
.qu.pmene: tn. n.ndlinq, sortinq .nd movinq of ast.ri.l. tro. tn.
f.rse arap: ene n.nalinq. ....ably ana .rection of .il ..t.ri.l.
used on tn. Job sit. s~artinq wieh ~h. concr.~. rootinq or pad,
or concrete ancnor. lncludinq ~he ..S..bly ot the qrilla,., on
tnrouqn to tne ult~m.t. c?mpletion or such .truceur.., excepc tor
CA9) 0002 - 11
HW-17
SOOTS
I 94 99
I
I
1
I
I
1
1
1
1
I
I
I
I
I
I
I
I
I
any low voltaqe control or liqhtlr~ WorK which ~ay properly
belonq to the' lnslde branch ot th. electrlcal indu.try. WorK
covered shall lnclude tne qroundinq ot all such structure.: tne
s~r.nqlnq and lns~ailaelon ot Wlr.., caal.. and insulators O~
other electrlcal equloment suspended trom SUCh struCtu~es: also
the handllnq and plac~nq ot transtormers or O.C.8.'s'and other
related electr,cal eOUlpment.
J) Str..e l~qne~nq sys~.ms owned. maintained and operated by
.l.c~rl:al uCllley eom~.nl.' or aqanci.. w~.r. luca work properly
C~m.s ~na.r tn. outsla. Jur~sdlc~lon shall be handled in tn. lam.
mannar as pole llne constructlon.
.) Electrlcal underqround con.truction worK, wnere such WorK
comes under tne Jur.sdictlon ot thl. scope ot worK, .nall be
covered as tallows: ~~. ~ovlnq ot employ..., toola, or equip.ent:
the loadlnq, mov,nq or assembly ot all electrlcal saterial. or
race-ways. such as duct; trom tne tir.t drop. Thi. snall al.o
.nclude tne plac'nq ot tisn wire, the pullinq ot cable. or wire.
tnrouqn sucn race-ways. ,nstalllnq and saKinq up ot pot-head..
and tne splicinq ot sucn conductors.
5} In connection w'th allot tne above it.... it i.
understood the scope ot work shall include no~only new
,nstallatlon work. butsnall also qov.rn th. repair. saintenanc..
or d,smantlinq ot such structures. line. or equip.ent: the
nandllnq and operatlnq ot all equlpment u.ed to tran.po~
employe.s, tools and/or materials on the jOb .ite: a. well ae the
equlpment used to move. rai.e or plac. mat.rial. u.ed in the
outslae oranen of the electrlcal industry.
----------------------------------------------------------------
EtE~OOlSA 09/01/1992
EtEVATOR CO~STRUCTORS:
El.vaeo~ conseruccar mechanics
Elevaeor conserUCCQr helpers
Elevator conseruceor h.!p.rs (prob)
Rate.
Frinqe.
1.12'. a
1.12 . ~
"
21.43
11.50
13.215
rootnoea 4:
Eoployer contribute. I' Qt ba.ic hourly rate tor 5 year.
serv,ce and 6' ot ba.1C nourly rate tor 6 months to 5 yeara
..rv,ce. a. Vacation Pay Credit.
Seven pald nolldaya: ~ew ~ear'. Oay, Memorial Oay.
Independence Oay, Labor Oay. Thank.qlv,nq Oay. Friday atter
ThanKsqlvinq Oay and Chrl..... Oay.
----------------------------------------------------------------
ENC:0012' 07/01/1991
POWER ECUIPME~T OPERATORS:
Croup 1
Croup 2
Group )
Croup 4
Rate.
'rinqe.'
21.'5
22.03
22.32
22..1
'.12
'.12
8.12
8.62
CA9J0002 - IS
NW-18
SOOTB
CRANES. PILEORIVING , HOISTING
Group' l'
Group 2
Group 3
Group 4
Group 5
Group 6
Group 7
Group 8
Group 9
Group 10
Group U
Group 12
Group 13
I
I
94
99
I
Group 5
.Group 6
Group 7
Group 8
Group 9
Group 10
Group U
Group 12
Group 13
Group 14
Group 15
Group 16
Group 17
Group 18
Group 19
Group 20
Group 21
1
I
1
1
I
1
I
I
'ruNNEL GROUP:
Group 1
Group 2
Group 3
Group 4
Group 5
Group 6
Group 7
1
1
I
I
I
CONCRETE PUMPERS:
Group 1
Group 2
Group J
Group 4
Group 5
OREOCING:
I
I
I
22.68
22.19
22.91
2 J. 08
23.18
2J.21
2J. 29
23.41
23.58
23.68
2J. 79
23.91
24.08
24.18
H.29
24.41
24.51
8.62
8.62
8.62
8.62
8.62
8.62
8.62
a.62
8.62
8,62
8.62
..62
'.62
..62
'.62
'.62
'.62
EQUIPMENT:
21.75
22.03
22.32
22.46
22.68
22.79
22.91
23.0'
23.25
H.25
25.25
26.25
27.25
'.62
'.62
'.62
'.62
'.62
..62... ,
'.62
'.12
'.12
..12
..12
'.12
'.12
22.53
22.12
22.96
23.11
23.29
23.41
23.71
'.12
1.12
'.U
'.12
'.12
'.12
'.62
21. 75
22.0J
22.81
22.91
23.81
'.12
'.12
..12
'.12
'.12
CA930002 - 19
0-19
SOtJ'fB
1
I
94
99
I
HydraullC suction ~redqes:
toever operator
Dec~~ate: Watc~ .nqlneer:
welder
wincn (seern .~n~~ on dr.dq.)
Barqll"l.and: DeClC.nand: rlrlt'lqnelr:
o.':'.r: :..v..nana
~o:.r
I
1
Clamsn.': dredq.s;
LAver oplraeor'
Wa1:Ch Inqln..r: :.clC.mae.
Barq. :nae.
Barq.nand: D,CKnand: Flretlqntsr:
Ollar
1
1
TRUCK CRANE OPERATORS;
Group 1
Group 2
Group l
Group 4
Group 5
Group 6
Gro,up 7
Group a
I
1
DEFINITION OF GROUPS:
1
pOWER EQUIPKENT OPERATORS:
2 J. 60
8.62
2), 02
22.41
8.62
8.,62
21. 9l
23.11
8.62
8.62
23.60
23.02
H.54
8.62
8.62
8.62
8.62
21.9]
22.11
22.26
H.99
2J.05'
23.17
2] .34'
23.59
2J.84
8.U
8.62
8.82
8.82
8.62
'.U
..U
'.U
I
GROUP 1: earqe. brake. co.pr...or operator, Dicch Witch, witA
seat or Sl~llar type equip.ene. Illvaeor op.r.~or - in.ide; .
.nqln..r oll.r, q.n.rator op.rator, q.n.racor, puap or coapr.saor
plant op.rator, n.avy duty r.p.lr n.lp.r, puap operacor, .itnal,
sWltch - .
GROUP 2: Concrece mlx.r operacor - .kip cype, conv.yor
operator, tlr.tiqnc.r, hydrost.tic puap op.racor, oil.r cruab.r
(aspnalt or concr.t. planC), rot.ry drlll nelper (oiltield),
sklplo.d.r (vnen wne.l type up to ]/4 yd. W1Chout atc.chaenC),
sOlls ~l.ld tecnnicl.n, c.r poc tir.tiqhter, t..porary h..cinq
plant operator. trencninq ..cn1n. operator
GROUP l: Equip..nt qr....r (rack). Ford F.rquson (witA draqcyPe
attacnm.ntsl, n.licopter radio (qround). pow.r concr.c. curinq
macl"l.lnl operator. powlr concrete saw operator, power - driver
JumbO form sett.r operator, staClonary plP' wrappinq and cl..ninq
macr'lln. operator
I
I
I
I
GROUP 4: Aspnalt plant fi~fiqnter. b.CKnO. operator (aini-a.x
or sl~llar type). bOr'lnq macl"l.lne operator. box or alxer (..ph.l~
I
CA9J0002 - 20
1
1
1Of-20
SOOTS
I
I
I
94
99
I
or concrata). oui14inq construct.on inspactor. chip spraa4inq
maChlna oparator. concrata pump operator (s..ll portaCla).
4r.llinq macn.na oparator. small auqar typas (Taxoma supar
aconomat.c or s.m.lar typas . Huqnas 100 or 200 or s,m,lar types
_ drlll,nq dapth of lO' maxlmum). aquipmant qraasar (qr,asa
truck). quard ra'l post drlvar oparator. "lqnl.na caclaway
slqnal. hydra-nam=er-aera secmper. pow.r Iw..per operleor. roller
oparator Icompactlnq). scraad oparator (asphalt or concrata,.
trancnlnq macnlna oparator (UP to 6 ft.)
GROUP 5: Asphalt plant anqinaar. oatch plant oparator. Clt
sharpanar. ccncrata JOlnt ..cnina oparator (CAnal and similar
typal. concrata planar oparator. 4ack anqina operator. darrick
(011tiald typa). drl11inq..chlna oparator, Cuckat or auqer typas
(Caldwall 100 cuckat or slal1ar typas - Watson 1000 auqer or
similar typas - Taxoma JJO. 500 or 600 auqar or siailar typea -
drillinq dapth of 45' maxlmual. drillinq "China operator
(includinq watar walls). hydroqrapnic saeded "China operator
(straw. pump or saad). Jackson track ..intainar. or siailar typa,
Kalaaazoo switCh taapar. or siailar type, ..china tool operator,
Haqlnnis lntarnal full slab v.brator. aachanical bara. curb or
quttar (concrata or asphalt'. aachanical tiniahar operator
(concrata. Clary-Johnson-Bldwall or aiailar type), pava..nt
Craakar oparator (truck mountad). road oil .ixinq ..chine
oparator, rollar operator (asphalt or tiniah). rubber-tired aarth
movlnq aquipmant (s.nqla anq.na. up to and includinq 25 yda.
struck). salt-propalled tar pipelininq ..chine operator.
skiploader oparator (crawlar and whaal type, ovar 3/4 yd. and up
to and ,ncludinq 1-1/2 yda.,. slip tora puap operator (power
drivan nydraulic littinq davice tor concreta torae), tractor
oparator - culldozar, taapar-scraper (ainqla anqihe. up to 100
h.p. flywhaal and similar typaa, up to and includinq 0-5 and
siml1ar typas), tuqqar hoist oparator
I
1
1
I
I
1
1
I
GROUP 6: Asphalt or concrata apraadinq operator (taapinq or
tinlsn,nq). asphalt pavlnq "China operator (larber Greene or
s1811ar typal. oackhoe oparator (uP to and includlnq 3/4 yd.),
small Ford, Case or siailar, caat-~-place pipe la'1n9 aecn1Aa
oparator. combination aixer and coapra.aor operator (9Yftie.
work). compactor oparator (.alt-propelled). concrete aixer
operator (pav,nq), cruahinq plant operator. drill doctor,
drl111nq macnlna operator, buckat or auqar typea (caldWell 150
ouckat or similar typas - Wat.on 1500. 2000 2500 auqar or aiatlar
type. - Taxo.. 700, .00 auqer or aiailar types - drillinq aepta
ot 60' maxlmua), alevatinq qradar operator. qrada chacker.'
qradall oparator, qroutinq "China operator, haavy-duty rapeir.
Kalamazoo oallaat requlator or .iailar type, Xol..n balt loader
and "m,lar type, La Tournaau olob coapactor or aiailar type,
loadar oparator (Athay, Euclid, Siarra and .iJlilar typea). '
pnaumat'c concrata placinq aacnina oparator (Hacklay-Praaawall or
51ml1ar typa). pumperata operator, rotary drill operator "
(axclud,nq ca,s.on typa). ruCoar-tlrad aarth-aovlnq aquipaant
oparator [s,nqla enqlna. Catarpl11ar. Euclid. Atney waqOft and
.,.,lar type. wltn any and all attacnaenta over 25 yda. up to and
I
1
I
I
1
CA'J0002 - 21
1
1111-21
SOO'l'8
1
I
1
I
94
99
1
incluainq 50 cu. yas, struCK), rubbar-tirla aarth-~ovlnq
equlp.ent operator (multlpla enqlne up to ana lnclualnq 25 yas.
struck), rucCar-tlraa scrapar oparator (salt-loaainq paaala whael
type. John Oaerl, :040 ana S,.,lar slnqle unlt). selt.propellea
curb ana qutter macnlne operator. Sklploaa operator Icrawlar ana
wheel type over l-l/2 yds. up to ana lnclualnq 6-l/2 yds.),
5ur~ae. heacers and planer op.ra~or. trae~or compr..sor dClll
COOOlnat.on operator. t~actor operator (any type larqer than 0-5
_ lOa :lywhaal h.p. ana over. or sl.,1ar . bulldozer. tamper.
scraper and push t:ac~or slnqle enqlne), traceor operator (boom
attachments). travellnq plpe wrapplnq, cleanlnq ana bendin9
macnine opecator. erenchlnq ~.chln. operator
GROUP 7: Orillinq sachlne operator, bucket or aUger types
(Calawell 200 a buckat or sl.,1ar typee - Watson JOOO or 5000
auqer or slmilar types - Tlxoma 900 auqer or similar types -
dr.lllnq aeptn ot l05' maX1SUS), dual drua sixer, heavy-duty
rapalr-welaer coablnation, monorail loco.otive operator (ala.el,
qas or elactric), sotor patrol. blade operator (sin91. enqine),
multlple enqlne tractor operator (Euclia and si.ilar type -
except Quad 9 cat.), rubber-tlred earth-aovinq aqulp.ent operator
(slnqle enqina, over 50 yd.. struck), rubber-tlred earth-movin9
equlpment operator (multipll en9ine, Euclia, Catarpillar and
51mllar over 25 yds. and up to 50 yd..), tover crane repair,
person. tractor loaaer operator (crawler and whael type over 6-
l/2 yds.). Woods .,xar operator (and sisilar puqal11 equlp..nt)
GROUP 8: Auto qrader operator, autoaatic slip tora operator,
drill.nq machine operator, bucket or aUger type. (calavell, aUger
200 CA or slsilar types - Watson auqer 6000 or si.ilar type. -
drllllnq deptn ot 175' maxlmus), hoe ra. or si.l1ar with
compressor. mass excavator operator, ..cnanical tlnl.hl"4 aacnine
operator. mobl1e !ora traveler operator, aotor patrol operator
loultl-enqlnel, pipe mobile maCnlne oparator, rubber-tired earea-
movlnq equlpment operator (multiple en9ine, Euclid, cacerpillar
and .,o,lar typa, over 50 cu. yds. struck), rubber-tired selt-
loadlnq scraper oparator (paddla-whael-aUger type selt-loadi", -
two (2) or more unltS)
I
1
1
I
1
1
I
I
1
GROUP 9: Rubber-tir.c larth-.ovinq lquip..nc operacor oparaCin9
lqulpment with pUSh-pull systa. (sin91a enqine, U9 CO and
lncludlnq 25 yds. struck)
I
GROUP 10: Canal liner operator, canal triamer operaCor, remoce-
cQnt~ol earth-.ovin9 equip.ent operator, wneel excavacor operacor
GROUP 11: Rubber-tired eartn-aovinq equipment operacor,
operatlnq equlp.ent with pusn-pull system (s1nqle en91ne,
Caterplllar. Euclid, ACh.y wa90n and siailar type. with any and
all attacnments over 25 yd.. and up to and includinq 50 yds.
struck). ruCber-tlrld earth-sovlnq equipsent operator, operacinq
equlpment wlth pUSh-pUll syste. (multiple en91ne - up to and
lncludlnq 25 yds. struCk)
GROUP l2: Rubber-tlred earth-aovlnq equlpment operator.
I
I
I
CA9J0002 - 22
1
I
NW-22
SOOTS
I
1
1
~4
n9'9
I
operatinq equipment w1th push-pull Iystem (sinqle enq1ne. over '0
yds. struck), ~~~er-tlred earth-lov1nq equlpment operator,
operatinq equipment W1th pUlh-pull sYlte. (lult1ple enqlne,
Euclld, Caterp111ar and 11111ar, over ., yds. and up ~o '0 yds.
struck)
I
GROUP lJ: Rubber-ti:ed .ar~n-movinq equlp..ne operaeor.
operatlnq equlpment W1th pUSh-pull syste. (Iultlple enqlne,
Euclld, Caterpl11ar and Ilsl1ar. over 50 CU. yds. struCk), tasdem
tractor operator (Operatlnq crawler type tractors in tandem _
Quad 9 and sisl1ar typel
GROUP 14: RUD~er-tlr.d .arth-movinq equlpment operator,
operatlnq in tandem (ICrapers, Deily dumps and slsilar types in
any coaDinat1on, excludlnq co.pactlon unlts - slnqle enqlne, up
to and includlnq .5 yds. struck)
GROUP 1~: Concrete pump operator, truck-.ounted, ruDber-tired
earth-movlnq equlpment operator, operatinq in tande. (scrapers,
belly dumpe and slmilar types in any coabination, excludinq
co.paction units - sinqle enqlne, Caterpl11ar, Euclid, A~ey
Waqon and limilar types W1th any and all attachments over'15 yds.
and up to and includinq 50 cu. yds. struck), rubber-tired earth-
movinq equipment operator, operatinq in tande. (scrapers, belly
dumps and slmilar types 1n any COmbination, excludlnq co.paction
unlts - multlple enqlne. up to and includinq 25 yds. struck)
GROUP II: RU~~er-tired eerth-.ovinq equipment operetor,
operatinq in tandem (scrapers, belly dumps and sisilar types in.
any cOmb1nation, excludinq co.paction units _ sinqle enqlne, OYar
50 yds. struck)
GROUP 17: Rubber-tir.d earth-aovinq equipseftt operator, '
operatinq in tandem (scrapers, ~elly du.ps and similar type. in
. any com~lnat1on. excludinq compaCt1on unlts - sultipl. enqine,
Euclid. Caterpillar and slmilar type, over 5~ cu. yd.. struCk)
GROUP II: RUDb.r-tired earth-mov1nq aquip..nt operator,
operatlnq equlpment with th. tandem push-pull syse.. (sinql.
enqln., up to and 1ncludinq 25 yds. struck)
GROUP 19: RUDDer-tired eerth-movinq equipment operator,
operatlnq .qulpment with ~e tandem pUSh-pull syste. (sinql.
enq1ne. Caterpillar, Euclid, Ath.y Waqon and sl.ilar type. wl~
any and all attaChments over 25 yds. and up to and lncludlnq50
yds. Itruck), rubber-t1red earth-movlnq equ1pment operator,
operatlnq with ~e tandem pUSh-pull Iystam (multlpla anqine, up
to and 'ncludlnq 25 yds. Itruck)
CROUP 20: Ru~~er-tired .arth-movinq aquip.ent Operator,
oparatlnq aqulp.ant W1th tha tandam push-pull systa. (sinql.
enqlne. ovor 50 yd.. ser~c~), ~bb.r-tir.d ..~h-aovinq .quip..n~
ooarator, ooarat1nq aqulpnent with the tandem pUSh-pull syst..
(mult,pla anq1ne. Eucl1d. Caterplllar and sl.llar, oyer 25 yda.
1
1
1
I
1
1
I
1
I
I
I
1
CA930002 - 23
1
B-23
SOOTS
I
1
1
94 Q9
I
I
and up ~a 50 yds. s~ruckl
G~OUP .1: Rubber-~lrad aar~h-~ovlnq equipmenc operatar.
opera~lnq aqulpDent ~lcn ~na tandam pusn-pull sys~am ~multlpla
.nq~n.. Euclid. Ca~er?11lar and Sl&114r eyp.. over !O cu. yo..
s~rucx.)
1
1
1
CRANES, PILEC~IVING ~C HOISTING EQUIPMENT:
G~OUP 1: Enqinaar allar: Fork litt opera~ar (under 5 ~an.
capacl~YI
GROUP .: Truck crane oilar
GROUP 3: A-fraDe or winch ~ruck aperatar: Ra.. carriar operatar
(jObutal
GROUP .: Bridqa-type unloadar and turnta~la operatar:
Halicapcar nalst oparacor
G~OUP 5: s~inqer crane (Austin-wastarn or si.ilar type): TUqqar
h01St opera~ar (1 dru.)
GROUP 6: Bridqa crana opera~ar: Cre~or crane operator: Pork
lif~ opara~or (over 5 ~an.): Koist operatar (Chicaqo bOO. and
slmllar ~ypel; ~.f~ mooila opera~or; ~itt slab ..chine operator
(Vaq~bOrq and slDllar ~ypeS); ~atarial hoist operator: SbOYal.
backhoa, draqlina. clamshall aperatar (ovar 3/4 ~. and ~ to 5
cu. yds. mrc); Tuqqer halst operator
GROUP 7: Padas~al crana opera~ar: Shovel, backhoe. draqlina,
clamsna.l opara~ar (over 5 cu. yds. mrc): Tovar crana rapair:,
Tuqqar nOlS~ opera~ar (3 drum)
.....
1
I
1
1
1
GROUP s: crane opera~or (uP ~o and includlnq 25 ton capaclcy):
crawlar transpo~ar aperator: Carrick ba~ operator (\III to aIlll'
lncludlnq .5 ~an capacity): Koist operatar. .titt 1..., GUy
darrlck or slmilar ~ype (uP to and includinq 25 ton capaclCY)I
Shoval, oackhae, draqline. cla..hell operatar (over 7 CU. yda.
mrc)
G~OUP 9: crane operatar (OVer 25 tan. and up to and 1ncludlnq
50 ~ons mrc): Carrick oarqe aperator (over 25 tDns up to and
lncludlnq 50 eon. arc): Klqhllne caDlaway operator: Hol.t
oparacar. S~ltt 1..., Guy derrick or siailar type (OVer 25 tons
up ~a and includinq 50 ton. mrc): K-crane operator: Polar crane
opecaeor: Tower cran. operaeor
GROUP lO: Crane operacar (over 50 ~on. and up to and includlnq
lOO cans mrcl: CerrlcK Darqa operacar (ovar 50 ton. up to and
LncluOlno lOO ~ons mrcl: HOlst oparacor. stitt 1..., Guy derrick
or slmllar cype (ovar 50 eons up ~a and lncludinq 100 ton. arc)
1
1
I
I
1
CA930002 - H
1
NW-24
SOO'1'8
I
I
1
94 99
I
I
CROUP 11: Crane operaeor (over 100 tons and up to and includinq
200 tons src): Oerr~cK oarqe operator (over 100 tons up to and
includinq 200 tons srcl: Ho.se operator. st.tt leqs. Cuy derr.cK
or SlMll.: ty~. (over loa tons up to and includinq 200 ton. mrc) :
~obil. tower crane oparaeor (over 100 ton_ up to and ineludinq
200 tons ~rcl
1
1
1
CROUP 12: Crane operator (over 200 tons up to and includinq 300
tons mrc): OerrlcK oarqe operaeor (over 200 tons up to and
includ.nq 300 tons src): Hoist operator. stitt leqs, Guy derricK
or similar type (over 200 tons. up to and includinq JOO tons
mrc): Mool1e tower crane operator (over 200 tons, up to and
lnclud.nq 300 tons src)
CROUP 13: Crane operaeor (over 300 tons): Derrick barqe
operaeor (over 300 eons': Helicopter p.lot: Hoist operator, stitt
laqs. Cuy derr.CK or slsilar type (over 300 tons): Mobile tower
crane operator \over 300 tons)
1
1
TUNNEL CROUP:
1
CROUP 1: TruCK crane oiler (25 tons and under)
CROUP 2: TruCK crane o.ler (over 25 tons)
CROUP 3: Heavy-duty repa.r person and/or welder
CROUP 4: TruCk crane operator (up eo and includinq 25 tons)
CROUP 5: TruCK crane operator (over 25 tons capacity up co and
includinq 80 tons arc
CROUP 6: Moo.le tower crane
CROUP 7: Tunnel sole oor.nq aachine operator
1
I
CONCRETE PUMPERS:
1
CROUP 1: Compressor operator: Concrets pump operator (s..ll
portaole. pea qravel): Enq.neer oiler
CROUP 2: Conveyor operator
CROUP 3: Heavy-duty repair person
CROUP 4: HeaVY-duty repair person when perto~inq veldinq
CROUP 5: Cone rate pump operator (truCk-mounted): COncrete pump
and .aparate placlnq boom: Concrete pump, large trailer type
(larqe rock)
1
I
TRUCK CRANE OPERATOR
I
CROUP 1: Truck crane oilar (25 tons' under)
CROUP 2: TruCk crana Oller (over 25 tons)
~ROUP J: Hedvy-duty :.pair person and/or weldar
CROUP .: TrUCk crane operator (UP to and lncludinq 25 tonsl
I
CA930002 - 25
1
NW-25
SOO~.
I
1
1
I
94
99
I
GROUP 5: !ruck cr.ne operator (over 2' ton. capaclty up to and
lncludlnq 80 t:ns ~r=J
CROUP 6: ~ocl1e toWer crane
~ROUP 7: ~~~ck :~3n. op.ra~Qr (over 80 tons MrC yp to .nd
~~C1~alnq :~O ~:ns ~r=:
CROUP 3: :~~c~ =~3n. operator (over 200 tons .rc): Mobile tower
::3nl (over ZCO ::ns ~rc)
1
----------------------------------------------------------------
1
!RON0001C 07.'01;:392
Rat-..
Frin"e.
VANDENBERC ~IR FORCE SASE:
1
IRONWORKERS:
Ornamlntal. r.ln'orci~q
and seruct,1.lral
r.nce erlct.or
2J .68
22.79
11.J7
11.37
1
----------------------------------------------------------------
1
Rau.
REMAINDER OF COUNTIES AND PARTS OF COUNTIES:
!RON0001F 07/01/1992
Frin"e.
1
IRONWORKERS:
ornamental. rlln!orclnq and
structural
renel . rect.C1 rs
20.68
19.79
11.J7
1l.J7
1
----------------------------------------------------------------
~B00001B 09/01/1992
Rate.
16.86
Frin"..
'.51
1
BRICK !!NDERS
----------------------------------------------------------------
I
~800002B 01/01/1992
KERN COUNTY:
Rau.
Ni""..
PLASTERER TENOERS:
I
Edward. Air Forc. Ba..: Elk Hill.
Naval Re..rve: and Naval Air
weapons Se.~ion, Chin. Lake
la."
I
RernalMder of Kern Coun~y
14.96
1.91
1.91
-----~-_.~------------------------------------------------------
~800002C 07/01/1991
I
Rat..
,..inq."
'LOS ANCEtES ANO ORANCE COUNTIES:
1
C~9J0002 - 26
I
MW-21
SOOTS
I
1
1
I
94
99
I
PLASTERER TENDERS:
Work on slnqle ~am!ly homes and
apart=.n~s up e= and ~nc1udlnq
J s~orl.S
"11 o1:her 'JorK
16.69
19.69
9.24
9,24
I
----------------------------------------------------------------
I
R.UI
SAlI WI! OBISPO AND SANTA BAll8A1l.A COUNTIES:
LA&O00020 07/01/1991
Frinq.1
I
PLASTERER TENOERS:
I
san Luil Obilpo Coun~y and San~a
Barb.r. coun~y (nor~ft par~):
worK on Ilnql. f.mlly ftom.1
.nd .par~=.n~1 up ~o and
includlnq l .~orl.1
(do.1 no~ apply ~o
V.nd.nb.rq Alr Fore. Ba...
POln~ Arqu.llo or Camp
Rob.r~.) 13.13
All o~ft.r worK 11..'
9;34
9.34
I
I
San~. Barbar. coun~y (.ou~ft par~):
worK on .lnql. family no...
and apar~~.n~. up to and
includlnq l .torl.' 13.13
All o~n.r worK 11..'
9.34
9:34 .
I
--------------------------------------------------------~-------
I
R.t.. rrinqas
tMPERIAL. tHYO. MONO. RIVERSIDE AND SAN 8ERNARDINO COUNTIES:
~&O0002E 01/01/1992
I
I
PLASTERER TENDERS:
WorK on .lnql. f..i1y no...
and .p.r~m.nts up ~o and
lncludlnq 3 .~ori..:
Pl..~.r.r t.nd.r
Plal~.r.r cl..n-up l.bor.r
All o1:.t'\er wark:
Plaseerer eender
Plasterer cl.an-up laborer
16.90
13.51
9.94
9.94
I
19.90
16.56
9."
9."
I
NOTE: Work at For~ trwL". Gaorq. Al' Forc. B.... K.rin. Corp.
Al~ Statlon 29 Pal~s. Marln. Corps LoqlstlCS Supply Bas.,
~ountaln Wart~r. tralnlnq Ceoeer. ~.v.l Ale FaClllty S..Ley; and
. ..':. M.lrLne L:or;=s P1CIo:.l.e ~.adoW.: S3.00 per nour addi.tionAl.
----------------------------------------------------------------
I
CA930002 - 21
I
Nlf-27
SOO'1'B
I
1
I
I
94
99
I
LAB00002G 10/01/1992
I
VENTliRA C~UNTY:
I
PLASTERER ,ENOERS:
Work on slnqle famlly ~om.s
and ap4r~~.n~s noe :0 exc.ed
2 Itor~.. In helqne
All ou,.r loIorK
Rates
Fnnq..
I
---------------------------------------------------------------~
15.48
17.48
8.H
8.J4
',LABOOOO~~ 01/01/199l
UoBORERS :
I
UoSORERS:
Group 1
Group 2
Group l
Group 4
Group 5
I
1
TUNNEL LABORERS:
Group I
Group 2
Group l
Group 4
I
WORK ON SINGLE FAMILY HOKES AND
STORIES:
Landscap. laborers, clean-up,
!.nc~nq (Chaln llnx and
loIood)
All o~n.r worK on Ilnql.
tamlly hom.. and apartments
up eo and .ncludinq l8
storl..
I
I
I
GUNITE LABORERS:
Group I
Group 2
Group J
I
HOUSE~OVERS (ONLY WHERE HOUSEKOVING
C~NSTRUCTION C~NTRACT):
Haus.mover
~ard malneenane. person
I
UoaORER CUoSSIFICATIONS:
I
Raeu
Frinq..
16.61 8.51
17 .01 '.51
17.21 '.51
18.26 ..51
18.46 ..51
19.52 9.51
19.64 9.51
19.80 9.51
20.0' 9.51
APARTIlEHTS UP TO AHD INCWDIIlG J
12.79
1.51
lJ.79
'.51
19,86
18.91
16.40
9.21
9.21
9.21
IS INCIDENTAL TO A
15.l7
15.12
9.n
9.19
CA9l0002 - 28
1
I
1
Mlf-28
SOOTH
I
I
94
99
I
GROUP 1: Cleaninq and handlinq ot panels, torms: Conerece
~ereedlnq for rouqn scrlke-ott: Conerece, wacer eurlnq:
Oemol.clon laoorer, <Me eleanlnq ot brlek and luacer: Ory paeklnq
ot oonerece, pluqqlnq, tillinq ot shee-bolC holes: Fire waceher.
11~er. brush 10.ders, pllers and debrIS h.ndlers: Fl.q person:
~as, oil and/or ~ae.r plpel1ne laborer: ~bor.r. qeneral or
conse:UC~lon: ~Qor.r. qaneral cl.an-up: ~bor.r. l.nd.c&p~nq:
Laborer. J.e~lnq. :emporary waear and air lin..: Mae.rial ho..
oparaeor (~.lls. slacs. floors and deCk.): Railroad SAine.nance.
repa.r craek person and road beds: Riqqinq and siqnalinq: Sealer:
Sl.p torm raisers: On h.qhv.ys, slurry seal erevs (.ixer
operacor, applieacor op.racor. squ.eqe.operacor, shuCCle, COP):
Screecear and raIlroad eonscruecion craek laborers: Strip.r;
oonerece or ocn.r paved road surtaees: Tar and sortar: Tool erib
or cool house laborer on h.qnvays: Trattle eontrol by any ..ChOd:
Trattio del.neac.nq dev.oe appl.eacor: Wlndow eleaner: Wlr. ..sh,
pull.nq all oonerece pourinq op.rat.ons
GROUP 2: Asphalt shoveler: Ce.ent du~.r (on 1 yd. or lar;.r
m.x.r and handlinq bulk oemene): Cesspool dlqq.r and lnstaller:
cnuekcend.r: Chuce handler. pourinq eonerece, ene handllnq ot the
toundaclons. tooc.nqs, curb, quccers and sidewalks: Concrete
ourer. Impervious .embrane and tors oller: CUttinq corch operator
(demol.c.on): FIne qrader, hiqhvays and street pavlnq, airport,
~~nways and s.m.lar type heavy conscruction: Ges, 011 andlor,
waCer plp.l.ne wrapp.r: Poc cender and tors: Guin.. enaser:
Headerooard. asphalc: Laborer, paekinq rOd steel and pans:
M.mbrane vapor barrIer lnscaller: Power br~ sweepers (s..11):
Rlprap sconepaver, plae.nq scone or vec saeked eoncrete: Roto
scraper and cl1ler: Sandblascer (poc cender): Septic tank diqqer
and lnscaller (lead): Tank sealer and eleaner: Tr.. ell&ber,
taller. ona.n saw operacor. PiCtsbur;h ehipper and siailar type
or~sn shredders: Underqr~nd laborer, lncludlnq caisson bellever
GROUP J: 3uqqymob.le: Concrece cutCinq torch: COncrece pile
cutter: Orl11er. laeth....r, 2-1/2 tt. drill steel or lonqer:
Orl-p.k-.t ..en.ne: G.s. oil andlor water pipeline wrapper, '~D.
pIpe and over. oy any .ethod, inside and out: Kyd~ seeder and
slm.lar type: Impacc wrench .ulti-plate: Kettle, pot and asphAlt
appllers, lay-kold, oreosote, li.e caustic and slailar type
.acerlals ("apPlyinq" .eans applyinq, dippinq, brushinq or
handllnq of sucn .aterals tor pipe wrapp.nq and vaterproot1nq),:
Op.rators of pneu.at.e. qas, electrie cools: Vibratinq .achine.,
pavement breakers, a.r blastinq, co.e-alonqs, and si.ilar .
meChanlcal cools not .eparacely class.tied herein: Pipelayer's
baekup, eoaclnq, qroutlnq. makinq ot jOlncs, sealinq, eaulkinq,
Olaperlnq and lncludlnq rubber gasket lOlnts, polntinq and any
and all oe~er services: Rock slinqer: Roeliry scarifier or
~ultlpl. he.d eonereCe chippinq scaritier: Steel headerboard and
qUldellne sate.r: Tampers, Sarko, Wacxer and ai.ilar type:
Trencnlnq macnlne, nand-propelled
.
I
I
I
I
I
I
I
1
I
1
I
I
r:ROUP .~: A~pnal1: raker, lute person, i.roner and asphalt
spreaoer boxes (all types): Concrete core cutter (walls, floors
I
CA9J0002 - 29
1
MW-29
SOO'!'S
1
1
I
94
99
1
I
or callinqs). qrlnder or sander: Caner.e. saw person. cuttl"q
walls or !lae wor~. scorlnq old or new caner.e.: Crl~b.r. snorer.
laqq1nq, sheet1nq and :rencn brac1nq, hand-qu1ded laqq1nq nammer'
Head rock sllnqlr: ~s.r beam 1n connlctlon Wlen laborers' work:
SO-~olnt p.P' and St~~~plnq ot sam.: Over-I1Z' concree. vLbra1:0r
operator. 70 l~s. and over: rlpllaYlr. lncludlnq water. sewaqa,
selld, gas or alr: Por~a snot-Clast: PrltaDrlcaela mannal.
1nsta!!er' Sandb!as:er :nozz1e, water blas:1nqj' We1d1nq 1n
connection wlth lacor.rs' ~orK
I
1
1
GROUP 5: 8!as:er powder, a!l work ot 10.dinq ho!ee. p!.cinq .nd
bl.st1nq ot all powder and explo.1ves ot wh.tev.r type.
r.q.rdl.s. ot Method ~sed !or such 10.d1nq and p!acinq: Oriller:
", All power dnlls. exclud~nq J.ckh......r. wh.ther con. di...ond.
'waqon, track. Mult~ple un~t. and any and all typ.. ot m.ch.nlc.l
drlll.: Toxic wasta removal
1
TUI/I/EL LABORERS:
1
GROUP 1: Batch plant labor.r.: aull qanq mucker. traCk:
Concrete crew, includlnq roddlrs and spr..dlrs: Chanqlhou..:
Oump:Ou..p (outudej: Swa..per (bnke and ."itch on tllhnal WO~k):
~unne! m.terials h.ndl~nq: Tool workar
1
GROUP 2: Cable t.nd.r, Chuck tender: Nipper: Vlb~.to~ opa~.to~.
Jackhamm.r, pn.u..at~c tools (.xc.pt driller,: Loadinq and
unloadlnq aqltator cars: Pot tend.r. uSlnq ....tlC o~ otha~
:!IaterLals
I
GROUP 3: 81aster. drill.r. powder: Che.ic.l qrout jat: Charry
p1cker: Grout qun, Grout Mlxer: Grout pu.p: Jackleq .lna~: JwaDol
Kemper and other pneu..atlc concrete place~ opa~ato~: "ine~,
tunnel (hand or mach1ne), Powder (prlmer hOu",: Pri"'~1
Shotcrete: Steel ~orm ral.a~ and satter: TiaDa~1 aatiaDar (wood
or steell: TUnnel concr.ta tiftlShar: Nozzla: Dparatinq trowal~
and/or qroutlnq machlna: S.ndblastar
GROUP 4: Shatto raisa sinar: Oi..ond drille~
1
1
1
G~I/ITE LA80RERS:
GROUP ~: I/ozzle and rod
GROUP 2: Gun
GROUP 3: Rebound
I
----------------------------------------------------------------
1
LA8000670 02/01/1991
ASBESTOS REMOVAL LABORERS
Raus
10.00
Frlnqa.
1.13
1
SCOPE OF WORK: .ncludes siu DlobillZat10n, init1al site cle.n-up,
sLte preparatlon, :emoval ot asb..~os-conealnlnq macerlal and
tOX1C waste (~ncludlnq l..d abaeemenc and any o~n.r eox1C
CA930002 - 30
1
1
MW-30
SOOTH
1
1
I
94
99
1
~ae.rlals), .neapsulaelon, .nelosur. ana alsposal of asb.seos.
ccnealnlnq matarlals and ~~X1C .ase. {lnclu41nq l..d abatemane
and any other tOX1C ~at.rlalsl ~y hand or ~ltn equlpmant or
maCnlnary; scaftold~nq. ~aarlcatlQn ot temporary wooden .
barr~.rs and ass.~~y of :ac=neamlnaClon steelon..
1
----------------------------------------------------------------
1
Ra~"
R~~ISDE^ OF COUNTIES ASD PARTS OF COUNTIES:
. OTHR0669C 04/01/1993
Frinq..
1
SPRISKUR nT':'EIlS
~7.00
6.03
-~--------------------------------------------------------------
I
OTHR0709B 01/01/1992
I
Ra~.. rrinq..
~S,ANGELES COUNTY: ORANGE COUNTY (CATALINA ISLAND: SAN C~E
IS!.AIlO: CITY OF SANTA ASA: AND REMAINDD or ORAIIGE COUNTY WITHIN
25 MILES BEYOND THE CITY LIMITS OF ~S ANGELEs): SAN BERNARDINO
COUNTY (NORTHERN PART OF CITY OF CHINO: AND CITIES or MONTCLAIR
AND ONTARIO): VENTURA COUNTY (!'ORT HUEIIEME: !'ORT KIlG1J: CITY OF
SANTA PAUl.J\: AND REMAISDER OF VENTURA COUNTY WITHIN Z5 MILES
BEYOND THE CITY LIMITS OF ~S ANGELES):
1
SPRISKLER FIT':'ERS
30.22
11.64
----------------------------------------------------------------
1
PAIS0036A 01/01/1993
1
llll~.. Pr1nq..
ISYO AND KERN COUNTIES: ~S ANGELES COUNTY (EXCEPT POMONA ARIA):
MONO COUNTY: AND SAN BERNARDINO COUNTY (WEST OF A LINE NORTH or
TRONO .NCL~DISG CHINA LAKE AREA, JOHANNESBURG, BORON, SOUTH
INCL~DING THE WRIGHTWOOO AREA) :
1
PAINTERS AND ORYWALL FINISHERS:
1
DRYWALL FISISHERS:
K.rn couney (~..~ of ~n. Lo.
Anq.1.. Aqu.due~)
Remalnder ot ar..
19.69
23.16
4.69
4.69
1
PAISTERS:
1
Los Anqeles County (except
Aneelop. Valley and en.
pomon-a area)
~ork on all ~ood ~r~m.
3~ruceurcs used tor
numan ~acl:3tlon.
1
CA9l0002 . II
1
NW-31
SOO'1'B
I
I
I
I
94
99
I
I
includinq motels and
conyalescent nomes 17.15
Work on 1.~/1C. s~a~lons and
car ..ana.: small commerclal
work (cQnS~~~C~lon up ~o and
includlnq J I~Qrl.S ~n
helqne. sucn as small
snopp1nq centers. smell
.~or... small ot~ic.
bUl1dlnqs ano small tood
establisnments,: small
industrlal worK (llqnt metal
buildings, small waranou..s,
s.all' storaqe tacl1itles and
tilt-up bUl1dinqsl: and
~.n.nt improvement work
(tenane lmprovemene work not
included 1n conjunction witn
tile conatructlon of tne
buildinq: incluoinq repaint
worK) (not applicable to any
pnase of tne aerospace
industry or to notels wnicn
operate coma.rei.l .seaallsn-
ments as pa~ of tne notel
service) 19.10
All otller worK:
Brusn and roller 22.12
Papernanqers: Swinq st&q.:
Paste .acftine operator 22.31
Sanoblast: Spray:
SteeplejacK 23.12
2.65
I
I
I
I
I
4.61
4."
I
4.'.
4."
I
I
Inyo and Kern Countie.: Los
Anqeles County (Antelope
Valley): Mono County: and
San Bernaroino County (west
ot a line nortft of Trono
1ncludlnq tfte Chin. ~Ke are.,
Jon&nnesburq, Beron, soutA
incluolnq tile Wriqfttvood aree):
WorK on wood fra.ed nousinq,
motals and conyalescene
no.as 15.15 2.'5
All otner worK:
Brusn i roller 11.61 4."
Paparnanqars: Swinq .taqe:
Pasta macnine operator 11.93 4."
Sanoblast: Spray:
StaaplaJacK lS.61 4."
..----------------------..-----------------------------------............... - - - ..... - - ... .
1
I
I
PAIN004S0
01/01/1991
I
CA930002 - J2
I
0-32
SOO'r.
I
I
1
I
94 99
I
Rae.. F~inq..
IMPERIAL COUN~Y: LOS ANGELES COUNTY (POMONA AREA): ORANGE AND
RIVERSIOE CO~N~:~S: AND SAN BERNARDINO COUNTY (EXCLUDING WESTERN
PORTION) :
1
?A!N7~RS ANO ORYWALL F:NISHERS:
1
DRYWALL FINISHERS
I
PAINTERS:
Brusn
Brusn, sw,nq seaq.: SprlY
?IP.rnanq.r: Spray. SWlnq seaq.
Sandblas~.r; rron, se..l ,
brldq. (qround wor~l: Iron,
se..! , brldq. - sprlY
(qround): Rlqq.rs. Cllabinq
se..!: Brusn, Cllmblnq se..l
, brldq. .
Sandblase.r, SWinq seaq.: Iron,
se..l , brldq. (swinq seaq.):
Iron, se..l , brldq. (SVlnq
sUq., sproy)
se..ph)ac~
I
1
21.11
5.94
20.70
20.95
21.20
5.94
5.94
5.94
21.45
5.94
21.70
22.45
5."
5.,.
I
. PA!N0052A 07/01/1992
----------------------------------------------------------------
I
Rae.. rr1nq..
SAN WIS OBISPO, SANTA BAJUIAIlA AND VElITUllA COUNTIES:
PAINTERS ANO ORYWALL FINI3HERS:
1
ORYWALL FINISHERS
I
PAfNTERS:
wor. on slnql. tamily nom.. and
apa~m.ne. up eo and inCludinq
J It.orl..:
Pllnter, bns.,
PIlne.r. Spray
AU oen.r wor~:
Pain~.r: Poe t.ender (bru.ft)
Pap.~n.nq.r: PAse. mach1ne
oper-ator
Spray, sandblase.r (non-se..!/:
W.tarblastar: Power el..nlnq
(non-se..l): Ste.m Cl..nlnq
( non-st.ell
:'1rrn pcJLntar
~teepl.JaCk (non-St..l)
I
I
I
I
CA9J0002 . J J
1
0-33
SOOTH
I
I
22.16
4.45
16.15
16.65
20.19
4.70
4.70
4.70
20,44
4.70
20,69
~O.84
21.19
4.70--- --
4.70
4.70
I
94 99
I
I
I
H1qh and haza~dou., Inter1oro~
exter10~ staqlnq, seattold1nq,
bOl'n enol':':. splder or sW1.nq
seaqa:
4t~ or 5~~ s1::r.:.es:
PaInter 21.56
spray ~al~ter. sand~last.r.
wat.rclast.r~ ?ower
el..nlnq: Steam claanlnq:
Staeple;aek 22.06
6th throuqn :utn storles:
Peinter 22.44
spray paInter: Sandblaster:
wAearblasear: Power
elaanlnq: Steam claaninq:
SteepleJaek 22.94
lO storl.' ana over:
Painter 22.94
Spray pa1nter: Sandblaster:
Watarblasear: Power
elean1nq: Steam eleaninq 23.44
Iron and st..l:
Iron and steel/brush: Pot
tender/steel 21.44
Iron and steel/spray: Iron
and steel sandblast power
elean 21.94
Hlqh 1ron and st..l con.true~io":
Br1dqes over 30 tt.:
Pa1nter/brush 21.94
Pa1nter/steel/spray: Sand-
blaster: Waterblaster 23.44
4.10
I
1
4.10
4.10
4.10
I
4.70
1
4,10
4.10
I
4.10
I
4.10
4.10
.---------------------------------------------------------------
I
PAIN0132A 07/01/1989
Rate..
.NYO, ~ERN, MONO AND SAN LUIS OBISPO COUNTIES:
Fzo1nq.ll.
1
GUZIERS
19.83
4.14
----------------------------------------------------------------
I
PAIN0294B 01/01/1992
REMA.NDER OF COUNTIES:
Rates
'rlnqe.
I
SOrT rtOOR UlHRS
16.63
3.46
----------------------------------------------------------------
I
PAIN0636A 11/01/1992
Rate. rrin~e.
LOS ANGELES, ORANGE, RIVERSIDE, SAN BERNARDINO, SANTA BARBARA AND
':ESTURA C~UNTIES;
I
CA93000Z - 34
I
... - 34
SOO'1'8
I
1
1
1
94
99
I
GUZIERS
21.95
7,22
--------------------------------------------------------~-------
I
. PAISl176A 0</01/199l
INYO AND ~ONO COUNT:!S:
Rae..
f'r-inc;e.
1
1
PARX:SG LOT STRIP:SC .CRK AND/OR
HIGHWA1 ~XINC:
Group 1
Group 2
Group l , Croup 5
Group <
Service person (~aint.nanc.
and rapalr of aqu~pmant)
(on Jobslta only)
Parklnq lot. qama cour~ and
'playqround 1nstallar
Prceactlva eoatlnq, r..urtaclnq,
pavamant saallnq. slurry saal,
lnclud1nq rapalr .han dona in
conjUnctlon wlth pavemane
saallnq and slurry saal .ork 17.93
Saalar/mlxar 17.16
Appllcator oparator. shu~tla
parson and squaaqaa parson 15.13
20.93 5,64
a." 5.64
17.79 5.64
20.93 5.64
14.56 5.U
13. 00 5.64
1
I
1
5.64
5.64
5.64
1
CEYINITION OY CROUPS:
1
CROUP 1: STRIPER: ~you~ and application of painted traftio
str1pas and ~arx1nq: hot tharmo plastic: tape traffic
str1pas and marxlnqs
1
CROUP 2: TR.AFFIC OEL.:NEATING DEVIcE APPUCATOR: t.&yotn alfCl
appllcat10n of pavament ~rkerl, delineatin; liqn., ruable
and traff1c barl. adhe.ivel, quide aarker.: other traffic
dellneatlnq devlcel: inclUde. all related surtace
praparatlon (Iandblastinq, waterblastlnq, qrindinql a. part
of the applicatlon proca..
I
CROUP l: TRAFYIc SURYAcE ABRASIVE BLASTER: reaoval of traffic
11n.. and markl"q.: prep.ratlon ot surtace tor coacinq. and
era!tic conerol devic..
I
CROUP <: TRAFYIC PROTECTIVE DELINEATINC SYSTEMS INSTALLER:
~.mov.s: relocat..: insealls permanently affixed roadaid.
and parkine; delln..eion barricad..: rancinq, quard rail:
C~bl. ancnor. r.ta~nlnq walls, rateranca 51qn.. monu..nc
l':'I.rk_rs
I
I
CA930002 - l5
1
I
ICW - 35
SOOTH
1
1
I
I
I
1
1
1
1
I
1
1
I
I
I
I
I
I
1
1
94
no
: ..1
~ROUP 5: ~RAF;IC CONTROL PERSON: Sole !unctlon lS to Control
and dlrect tra!!lc throuqh both conventlonal and movlnq
lane enclosures
. PAIN1:76B 04/01/1993
----------------------------------------------------------------
Rates Frlnqes
:~PERIAL. KERN. ~=S ANGELLS. ORANGE, RIVERSIDE, SAN BERNARDINO.
SAN L~:S OBISPO, SANTA BARBARA AND VEN~JRA COUNTIES:
PARKING LOT STRIPING IOORK AND/OR
HIGHWAY ~KERS:
~roup 1
Group 2
Group 3
~roup 4
Servlce persen (maineenance
and repalr of equlpment)
(on job.lte only)
Slurry seal work:
Fresno. t:perial. Kern,
J(lnqs, LQ. Anqele., San
LU1S Obispo, Santa
Baroara. TUlar. and
Ventura Countl..:
Sealer/su...
Appllcator operator,
shuttle person and
squ..q.. person
Tn t! ic surtace
protective coatinq
applicator
Traffic control person
Oranqe. River.lde and San
Bernardino COuntle.:
Sealer/mixer
Applicator operator,
Shuttle per.on and
squ..q.. person
Traffic surrace
pro~.ctlV. coatinq
applicator
Trattic control person
OE'INIT:ON 0, GROUPS:
CA930002 - 36
ICW - 36
SOOTH
19.93
18.93
16.94
19 .93
5.67
5.67
5.67
5.67
11.96
5.25
a,89
3.6.
13.18,
3."
15.51
S.U
3...
3."
14.5.
3.53
12.81
3.53
15.15
7,99
].53
3.52
I
1
94
99
I
GROUP 1: STRIPER: ~vou~ and applica~ion of paln~ed ~raffic
.~ripes and marklnq: no~ ~ne~o plas~lc: tape tratflc
s~rlpes and marKlnq
GROUP 2: TRAFFIC ~ELINEATING OEVICE APPLICATOR: ~you~ ~nd
applicat~on of pav.~.n~ ~.rK.rs. delineaelnq s~qns.
rUMDle and eraf~~c ~ars. aahe.lv... qUlde markers: Qt~.r
trattlc delln.atlnq d.VlC.S~ .nclud.. all related surtace
preparatlOn (sanablastlnq, .atarbl.selnq, qr.ndlnq) ..
par~ ot en. appllcatlon proc..s
GROUP 3: TRAFFIC SURFACE ABRASIVES BLASTER: Removal of
trattic line. and ~arklnqs; prepara~lon of surface for
coa~lnqs and ~ratflc con~rol deV1C..
1
1
1
GROUP 4: TRAFFIC PROTECTIVE DELINEATING SYSTEKS INSTALLER:
Remov..: relocaee.: Ln.~alls' p.rman.nely affixed road.id.
and parxinq delin..tlnq barrlcad.., tenclnq, quard rail,
cable ancnor. reellnlnq walls, raterence signs, monument
markers
1
----------------------------------------------------------------
I
PAIN1247A 10/01/1992
Rat..
Fr1nq..
INYO. KERN AND MONO COUNTIES:
1
SOFT FLOOR ~YERS
11.22
5.97
----------------------------------------------------------------
1
PAIN1247B 01/01/1992
rrinq..
SAN LUIS OIISPO,
Ra~..
LCS ANCE~S, ORANGE. RIVERSIOE. SAN BERNARDINO,
S~~TA 8ARBARA AND VENTURA COUNTIES:
1
SOFT FLOOR ~YERS
23.JO
6.49
----------------------------------------------------------------
1
PAIN1J99B 01/01/1992
Ra~..
rr1nq..
IMPERIAL COUNTY:
I
G~Z:ERS
22.56
6.70
~---------------------------------------------------------------
I
PAIN1711A 10(13/1991
IMPERIAL COUNTY'
Rae..
rrinq..
I
SOFT FLOOR ~YER
16.95
5.44
1
CA9JOOOZ - 37
1
I
MV-37
SOOTH
I
1
I
I
1
1
1
1
I
I
1
1
1
1
I
I .. .--.-
1
1
1
I
94
99
----------------------------------------------------------------
p~S00028 08/05/:992
Rate. Frl~q.S
LOS ~NCELES. ORANCE, ,:';ERS :OE, SAN BERNARDINO ANO '/E:l'rliRA'
CC1.:N":':E:S:
P~STERERS :
worK on 5.nql. tsml:Y hom..
and apar~~.nts ~p tQ
snd .ncl~d.nq 1 seorles
All oen.r' worK
21,8J
24.8J
5.J6
5.J6
----------------------------------------------------------------
p~S00528 07/01/:991
Rat..
rrinq..
CE~ENT ~SONS:
WorK on wood or ~.tal ~ram.
construction ot s.nqla
faml1y resla.nce.. 3partments
and condoMlniums. Ooes not
:ncl~d. prol'C~s tnae .xc.ed
J storleS: any utlllty work.
such as telepnone. qas. water,
sewar and other utilltles: or
any work ouesta. prop.r~y l1n..,
lneludtnq cures. qutters and
..a.walKS 16.26
~ork on Jobsit.. wnere tn. total
p.~lt ~alu. ot tn_ qaneral
contract and all subcontracts
~pon tnae locs.e. is $4.000.000
or 1.SS 19.96
~ll oen.r worK 19.96
6.15
7.50
9.50
.---------------------------------------------------------------
P~S0191B 01/01/198J
IN~O. KERN AND MONO COUNTIES:
Rat..
'ri~.
P~STERERS:
Plas~.r.rs
N'o:z::z:le operaeor
15.57
15.695
4.41
4.41
----------------------------------------------------------------
.~SOl4l8 08/07/1991
SANTA BARBARA COUNTY:
Rae..
rri.nq..
P~S"ERERS
=2.10
4.5]
----------------------------------------------------------------
CA9J0002 - l8
IC1f - 38
SOOTS
1
94
99
I
I
PLASOJ46B 05/01/1991
IKPERIA~ COUNTY:
Rae..
Fnnqas
1
PLASTERERS:
work on 11nqle ~11y hem..
and &p.~~.nes ~p :0 and
inclualnq ) .eorla.
All oellar work
15.42
18.4%
5.29
5.29
I
----------------------------------------------------------------
1
PLAS0775B 06/01/1912
SAIl UlIS OBISPO COUNTY:
Raea.
Frin.,..
1
PLASTERERS
21.77
----------------------------------------------------------------
1
PLUM001IG 07/01/1'92
Raea. Frinqa.
IKPERIA~. LOS AIlCELES, ORANCE. RIVERSIDE. SAIl BERNARDINO.
SAIl UlIS OBISPO. SAllTA BARBARA AIlD vDlT\lR.\ COUNTIES:
1
PLUMBERS: STEAMFITTERS:
1
Fort Irvin Army 1Ia... Karin.
Corp. ~lseie lIa.a a~ Nabo,
Karlna Corp. ~l.eie lIa.a
a~ Yarmo. San Nleolau. I.lana,
ana Twan~y-Nlna Palm. Karlna
Ba.a
27.53
10.72
1
Camp Rob.re.. Caorqa Air Force
1Ia.. ana Vanaanbarq Alr Force
lIa.e
21.2'
10.72
I
Remainaar ot eoun~ia. an4 par~.
ot countJ...
24.03
10.72
I
~NOSCAPE , IRRIGATION WORK:
~ourn.yp.rson
7rld..person
19.40
7.56
'.50
2.55
I
~oee: OU~1a. ot ena lana.eapa , 1rriqaeion erada.p.rson
11Mleed eo: alqq1nq and/or backtilllnq \l1ell ell. axeapeion ot
~oeorlz.d equlpment: cl.an-up and swe.pinq: pipe wrappinq and
~ae.rprootinq w~.r. ear or simllar ..eerials is .pplied for
proeec:elon: operatlon ot vLbraelnq Iftacroun..: c:o&ti;,q and ,routi"ng
1
I
CA930002 - )9
1
1
)(1f - 3t
SOO'fB
1
1
1
I
1
1
1
1
1
1
1
1
1
1
I
I
1
94 99
at all pipe jo,nts. Moles or ~nase. allied to tne pip.n"
----------------------------------------------------------------
P~UM0250A 09/01/1989
Rau.
Fr,n"e.
LOS ANGELES ANO ORANGE COUNT:ES:
REFRIGERATION , AIR CONDI~IONING
21.19
5.90
----------------------------------------------------------------
PLUMOJ55B 07/01/1992
Rat..
Fnn"e.
INYO AND KERN COUNTIES:
'LANDSCAPE FITTER: UNDERGROUND UTILITY
WORJ<ER 21. 60
2.95
----------------------------------------------------------------
Rate.
RIVERSIDE AND SAN BERNARDINO COUNTIES:
P~UMOJ64A 02/01/1987
F1'i.n"e.
REFRIGERATION , AIR CONOITIONING
19.55
U . 5.1'
----------------------------------------------------------------
P~UM0460A 01/01/199J
Rate.
Frill<J..
INYO. KERN AND MOHO COUNTIES:
P~UMBERS; STEAKFITTERS:
~ork at cn,na Lake Naval Weapon.
Center and Edwards A.l' Force
8ase
Remainder ot Area
21.11
22.11
5.13
5.13
----------------------------------------------------------------
ROOF0027B 02/01/199J
INYO. KERN AND MONO COUNTIES:
Rate.
Fri""..
Roon:RS
lI.n
5.75
----------------------------------------------------------------
. ROOFOOJ6A 09/01/1992
Rate. Frinq..
~OS ANGE~ES. ORANGE. SAN LUIS OIISPD. SANTA IARIARA AND VENTURA
{';~UNTIE~: .
CA9J0002 - 40
1
I
0-40
SOg'l'B
1
I
94
99
I
I
I
ROO n:RS :
RoofU
pr.par.r (du~..s 'l~l~.d ~o ~~.
tollowlnq: tear-ot: and/or
remove .ny eyp. ot r=otlnq or
rootlnq materla! or spucdlnq.
or SW..plnq and/or elean-up.
and/or pr.load.nq. or 1n
pr.parinq efi. root for
applica~.on ot root.nq. daap
and/or wa~.rprootinq ~a~.r1al)
20,02
6.635
I
I
15.30
1.00
----------------------------------------------------------------
I
ROOF0045A 01/01/1991
IMPERIAL COUNTY:
R.~..
Frinq"
I
ROOFERS
11.70
3.31
----------------------------------------------------------------
I
RaU.
RIVERSIDE ASD SAN BERNARDINO COUNTIES:
ROOF0146A 09/01/1992
rrinq..
ROOFERS
11.7'
7.50
I
----------------------------------------------------------...---
SHEE0102A 01/01/1992
I
RaU. rrinqa.
INYO COUNTY: KERN COUNTY (EAST OF HWY. 13" FROM aiD MOUNTAIN TO
THE INYO COUNTY ~INE): LOS ANGELES COUNTY (SOUTH or A STRAIGHf
~INE ORAWN BETWEEN GORMAN AND IIG PINES. CALIFORNIA: SOUTH or
IMPERIAL HWY. TO THE CITY L1NITS or LONG IEACK, INCtuDING THE
CITY OF LONG lEACH ASD TIll ISL,,\/lD or CATALI1IA): 1IllIlO, OU~,
RIVERSIDE ASD SAN IEIUlAllDIIfO COUNTIES:
I
SHEET KETAL WORKERS:
I
I
Lo. Anq.l.. coun~y (.ou~b of I~ri.l
Hwy. ~o ~n. c.~y 1ia.~. of Lonq
B.acn. .ncludinq ~ba Ci~y of Lonq
B.acn and ~na Island of Ca~.lina)
and oranq. Councy:
work on all q.naral .n..~ ..cal,
h..tinq and air condieionlnq,
aacal fir.plac. .n.calla~ion.
and solar systems on .in~l.
fa.ily dw.l1.nq.. mulc.pl. f...ly
dw.ll.nq.. Cracc no.... and
I
I
CA9JOOOZ - 41
I
I
MW-U
SOOTS
I
I
I
94 99
I
apa~~.n~ bu.ld.nq. indiv.dually
cond.~.on.d by s.pa~a~. and
.nd.p.nd.n~ ~n.ts o~ syst..s 2J..2
All o~n.~ ~o~K 2J.91
8.J7
8. J7
I
I
:nye County, Kern C~uney (east ot
Hwy. ,J95 '~Q. R.d ~ounta.n to
~n. Inyo Coun~y 1.n.l, LQ.
Anq.l.. Coun~y I.ou~n 0' a
s~ralqne l~n. drawn a.ew..n
Gorman and B.q P.n.., cal.to~nia.
and no~n ot I~p.~.al Hwy. to
tn. c.~y 1.~i~. ot ~nq B.aen,
oxelud1nq en. city at LQnq a.aen
and en. I.land at Caea11nal, and
Mono, Riv.~..d. and San B.~nard.no
Count.i..:
~o~k on .11 q.n.~.l sn..~ m.~al,
h.at.lnq and 41r conditlonlnq,
m.~al ti~.plae. in.~al1.~.on,
.nd .ol.~ sy.e.m. on ..nql.
t...ly dw.llinq., mule.ple
t..l1y dwellinqs, tract. ho...,
and .paremene bu.ldinq.
indiv.dually condieioned
by ..pa~ae. and independ.n~
uni~. o~ .y.~... 2J..%
All o~n.~ ~o~k 2J.7'
'.J7
..J?
I
I
I
I
-----------------.---.-.---------.---.-.------------------------
I
SHEEOI08A 07/01/1992
I
Ra~.. Frlnq..
KERN COUNTY (~EST OF HWY. IJ95 FROM RED MOUNTAIN TO THE INYO
COI;NTY ~INE); t.OS ANGELES COUNTY (NORTH OF A STRAIGHT LIlli DIlAIIN
BETWEEN CORMAN AND BIG PINES, CALIFORNIA): '
I
SHEET METAL ~ORKERS:
R...d.n~.al/l.qn~ eo..e~cial
(6,000 sq. !e. or 10..)
All aen.r wO~k
1I.JO
22."
7.51
7.51
----------------------------------------------------------------
1
SHEEOI08B 08/01/199%
I
Ra~.. ,Frlnq..
LOS ANCELES COUNTY (SOUTH or A STRAICHT LINE DIlAIll( BETWEEH GORIlAIl
ANO BIC PINES, CALIFORNIA: EXCLUDING THE PART SOUTH OF IMPERIAL
H~V. TO THE CITY LIMITS OF t.ONG BEACH. AND EXCLUDING TNI CITY OF
t.ONG BEACH ANO THE ISLAND OF CATALINA:
I.
SHEET METAL ~ORKERS
25.60
I.U
----------------------------------------------------------------
1
CA9JOOO% - .%
1
I
JC1f- 42
SOOTB
1
I
I
94
99
1
SKEEO%06B 07/01/1991
IMPERIAL COUNTY:
Rat..
Fri"q..
I
SHEET METAL wOR~Eas
%1.43
8,09
----------------~-----------------------------------------------
I
Rau.
SAN LUIS OBISpO, SANTA BARBARA AND VENTURA COUNTIES:
SHEE0273A 08/01/1992
Fri"qa.
SHEET METAL WORKER
%3.91
7.63
1
----------------------------------------------------------------
SUCA100'A 1%/13/1991
1
Raca.
WELDERS - racaiva raca pra.crlbed tor cratc
Co W"lC" waldi"q 1. incidancal.
rrinqa.
partorai"q oparaclon
------------------------------------------.---------------------
1
. TEAKOOllA 03/01/199%
Rau.
rrinqa.
TRUCX DRIVERS:
I
Camp Robe~.: Edward. All' rorca
Ba.e: El Cancro: Fo~ Irwin:
Georqe Air rorca Ia.a: Mouncain
wartara Trllninq Cancar (Bridqepo~):
Naval Air raclllcy: Nlval Air
Waapon. StaC10", China Laka:
Nabo Marina Balli.cic Ba..
(Yarmo): Po1nc Arquallo:
Point Concaptlon: Twenty-Nine
Palm. Marina Ba.a: and
Vandanbarq Air rorca Ba.a:
Group 1:
Group %:
Group 3:
Group 4:
Group ,:
Grollp 6:
Grollp 7:
Grollp 8:
Grollp 9:
Group LO:
Grollp ll:
Grollp L2-A
Crollp L2-B
Crollp II
Croup 14
Crollp L'
%0.39
%0.47
%0.53
%0.61
%0.65
%0.17
%0.71
%0.7%
%0.77
20.10
%0."
%0.11
%0.90
20.92
21.L7
21.H
10.1t
10.a
10.1t
10.1t
10.19
10.1" .
10.19
10.19:
10.1t
10.1'
,10.1'
10.1t
10.19
10.19
10.19
10.1', ,
1
1
1
1
I
1
CA930002 - 43
I
I
ICW - 43
SOOT8
1
1
I
I
I
1
1
I
1
1
1
1
1
1
1
I
I
1
1
1
1
94
99
Croup 16
Croup 17
Croup 18
Croup 19
21.52
21.62
21.42
22.42
10.19
80.19
10.19
10-.19
Ram.lnder c! Counel.. and
p.r~s of Couneles:
Group 1
Group 2
Group J
Group 4
Group ,
Group 6
Group 7
Group 8
Group 9
Group 10
Group 11
Group 12-A
Group 12-!
Group 1 J
Group 14
Group l'
Group 16
Group 17
Group 18
11.39
18.47
11.53
11.62
11.15
11.67
11.71
1'.12
11.71
11.'0
11,'5
11.11
11.90
11.92
19.11
It.62
It.52
It.62
20.62
10.19
10.19
10.19
10.lt
10.lt
10.lt
10.lt
10.lt
10.lt
10.lt
10.lt
10'. It
10.lt
llJ. It
10.lt
10.lt
10.lt
10.lt
10.lt
OEFINITION OF GROUPS:
GROUP 1: t..m,e.r
G~OUP 2: Orlv.r ot v.nicl. or coabinaeion of venicl.. of 2
axl., (includlnq .11 v.nicl.. 1... ehan 6 eo~.l: Tra~(ic
conerol pl10e c.r. .xcludinq aovinq heavy equipaene paraie
load
GROUP J: Truck-mounead pow.r brooa
GROUP 4: Orlv.r, of venicl.. or ca.-inaeioR of v~cl.. of 1
axl., .
GROUP ,: !ooe: C...ne di,eribueor: Ero.ion conerol driv.r:
Fu.l eruck: v.e.r eruck. 2-axl.
GROUP 6: Duap, 1... enan 16 yd..
GROUP 7: Tr.n.ie m~x, und.r 3 yd..: Duapcr.e.. 1... ea.n 6-
l/2 yd..
GROUP 8: truck r.pair n.lper
GROUP 9: v.e.r eruck. J or sor. .xl..
GROUP 10: P. .nd ,i.il.r eyp. eruck wn.nparforainq witAin
en. T....e.r.. juria4iceion: Pipalin. .nd ueiliey vorkinq
eruck ,ncludinq wincn. bue li.lead eo eruck .pplicabl. eo
~'p.l'n. and ueiliey work. wn.r. . co.po.le. cr.w i. u.ed:
;lurry drlv.r: truck qr....r .nd eir. ,work.r (50 c~e. par
~our addleion_l tor elr.)
GROUP ll: Tran"e .1X. J yd.. or mor.: Du.per.e.. 6-1/2 yd..
und over
GROUP 12-A: Orlv.r of v.nicl. or combin.eion ot v.nicl.. of 4
C"tJ0002 - 44
MW.44
SOUTH
1
I
94
99
I
I
or lion axl..
GROUP l2-8: Or~v.r of 0.1 spr..d.r eruck
GROUP lJ: OUlIp, ~6 yd.. ~U~ le.. en.n 25 yds.
GROUP 14: A-Frall. or Sw.d~sn cr.n.. or s~1I.1.r eype Qf
.qulpm.ne dr~v.r: ForK l.f~ dr.v.r: Ro.. c.rr~.r. n.qnw.y
GROUP l5: All off-n~qnw.y .qu.pll.n~ wienin T....e.r..
Jurlsdie~.on (ott-hlqnway coab.natlon ot v.n.cl.. O~
equlp..nt Wltn Mul~lpl. power sourc.., Sl.OO per hour
addieion.l): ~UlIp, 25 yds. or sore: Truck r.p..r: w.~.r
pUll. .inql. .nq.n. Wlen a~~.cn..n~.: Welder
GROUP l6: TruCK r.p..r w.lder
GROUP l7: Lov ~.d drlver. ,-.xle or over
GROUP la: w.~.r pull. ~Vln .nqlne wi~n a~~acn.en~s
I
1
----------------------------------------------------------------
1
Unlis~ed cl.ssifications needed tor work no~ included vitA!n ~ne
.cope of tne cl..s.fica~lon. lls~ed lIay be added atter avard only
a. provlded in tne labor .~andards con~r.c~ clau.e. (29 CFR
5.5(a) l(U)).
1
END OF GENERAL DECISION
I
1
1
1
1
I
I
I
CA9J0002 - 45
1
1
MW.45
SOUTH
1
1
I
I
1
1
1
1
1
I
1
1
1
1
I
1
1
94
I
1
1
99
General Decialon Huab.r CA9J0006
super..ded General Deciaion HO. CA910006
seaee: calitornia
conaeruceion Type:
eradqinq
couney( i.a):
elL HORTJ:
IIUIIIC LC'1'
t.OS AIIGEIZS
IWlIII
KEllDOCIHO
MOIlTEllZY
ORA/lGZ
RIVUSIDI
SAIl eIEGO
SAIl F1WlCISCO
SAIl tIlIS OBISpO
SAIl MAno
Selt-propellad hopper dradqinq
Moditicaeion Huaber
o
Publicaeion Da~e
02/lt/1U3
CA9l0006 - 1
MW-46
SOUTH
SAIl'1'A 1l..'U.' I!A
SAIl'l'A c:auz
SOIlClMA
VD'1'\lRA
I
I
94
I
I
I
I
1
I
I
I
I
I
I
I
I
1
1
I
1
99
COtiN'I'Y (ias) :
OEL NORTE
llUllBOLDT
LOS ANGELES
MARIN
!\ENCOCINO
MONTEREY
OlU1lGE
RnERSIDE
SAN OIEGO
SAIl FRANCISCO
SAIl LUIS OBISPO
SAIl MATEO
SUCASOOSA
09/01/1991
SELF-PROPELLED HOPPER DREDGES:
Draq tenders
SANTA BARaARA
SANTA CRUZ
SONOMA
vtllTlJRA
RaUs
rrinqu
'.78
4.23 . a
FOOTNOTE:
a: Nin. paid holidays: Nev Year's Cay, W.ahinqton's Birehday,
Mamor141 Day, Indapandanca Oay, Labor Day, Paul Hall's Birthday
(Auq. 20th), Vatarans Day, Thanksqlvinq Day and Christmas Day.
----------------------------------------------------------------
Unlistad classifications naadad for work not included within ths
scope ot the classlticationa listed may be added atter avard only
as provided in the labor standard. contract clau... (29 CrR
5,5(a) leU)).
END or GENERAL DECISION
CA9J0006 - 2
MW-47
SOUTH
1
94 99
I
I
I
I
I
I
1
I
I
I
1
1
I
I
I
1
I
1
General Ceciaion Kuaber CA'JOOOJ
supa:aeded General Ceciaion Ko. CA'1000J
StAc.: California
conacruccion Type:
WaCar Wall Or111in9
Councy(iu) :
STATJ:WICE
"A'1'EIl W'ELI. ORII.I.IKC
Modificacion Kuaber
o
Publication Cet.
02/lf/lfU
CA9l000l - I
MW-48
SOUTH
CClJllTY ( lOSI :
STATEWIDE
SlJCA5004A 02/01/1990
OIlIt.UR:
Alaaeda
Alpi.n.
Aaador
Bul:l:.
Calav.r..
Col,..a
Conl:ra co.n
0.1 ~oru
[1 Dorado
Fr..no
Ghnn
KWll:lo1dl:
IIII9.nal
Inyo
K.rn
Ki.n".
I.al<.
LA...n
Lo. AnCJ.1"
Madera
Marin
Karipo.a
Mendoclno
K.rc:ed
Modoc:
Mono
Monuray
Napa
Nevada
Oran".
P lae.r
Plu...
Rlv.rside
Sacra..neo
San Benito
San SerurcHno
San Oi..qo
San Francisco
San Joaquin
San L,.l. Olli.po
San Mat.eo
Sant.a Barbara
Sant.a Clara
Santa Cruz
Shasta
5 l.erra
CA93000l - 2
MW-49
SOUTH
Ra1:..
r1:'1n"..
.36
10.00
~.60
9.60
7.00
7.50
11.07
9.50
1.00
9.60 '
13.37
7.00
'.00
'.70
7.21
7.05
7.03
11.07
5.50
9.65
7.50
11.07
7.50
11.07
7.00
10.50
10.00
12.50
'.00
7.00
11.00
9.60
10.00
7.00
10.00
I.n
10.20
'.lI
10.00
7.00
6.85
10.00
7.91
1.39
I.n
6.n
7.00
2.03
.31
1.45
.31
.36
1.13
.06
1.21
2.03
.43
.72 ,
2.03
.72
2.03
.13
.81
.13
1.48
.36
2.85 .
.37
.13
1.02
.81
2.85
2.85
.13
1 94 99
1
I
1
1
1
1
1
1
1
1
1
1
I
I
1
1
I
1
siskiyo..
Solano
Sono...
Seanida...
s..tear
TebaU
Tr1niey
TIllanl
1'1101......
Ven1:ura
Yolo
YWMI
ORII.LD'S HlLPER:
Al_a
Ilueta
Cdav.r..
Co 1....
Contra co.u
Del Horta
Fr..no
Glenn
H.......lo1t
Iaperial
Inyo
Kern
I.&k.
t.I....n
to. Anqel..
IIao1era
Marin
Maripo..
IIendocino
IIereR
IIocIoc
IIono
IIonurey
H.pa
Hevede
Oranq.
Pi......
R.iverside
Sacr..."to
San Ilenito
San lernardino
San 01&90
San Francisco
San JoaquIn
San t.uia Obispo
San Mateo
Santa Barbara
SantA Clara
Santa Cruz
Shasta
Slerra
CA9JOOOl - J
MW.50
SOUTH
8.00
9.15
10.01
7.00
7.00
10.00
'.ts
7.n
7.'0
11.00
10.31
1.00
1.05
5.00
S.OO
7.00
7.50
7.U
'.13
5.00'
1.U
'.31
5.00
'.13'
1.00
4.50
'.25
'.00
7.00
5.00
1.80'
'.00
1.U
'.00
8.00
'.'0
'.00
8.'0
8.00
6.00
6.80
6.1S
8.00
7.'0
'.00
6.00 '
'.U'
'.75
6.10
6.1S
6."
4.50
5.00
.n
1.70
.13
1.13
.72
1.41
1.15
,13
2.03
.50
.23
.04
2.03
.43
2.03
2.04
.11
.11
.10
1.21
.32
2.'4
.n
.11
...
.55
2.54
2.'4
.10
Si.lkiyou
Solano
Sono..
Stanll1au.
3l.1tt.er
Teha.a
T..inity
'!'Ul....
'!'Uoluane
Ventura
Yolo
Y@.
I'UIlP IHSTALI.!R:
Al..ad.
Alpine
Aaaclo..
Col"..
cone... cose.
n eondo
Fre.no
I:ope..ul
Kern
Lak.
too. Anqal..
Madera
Marin
!'I.npo..
Mendoclno
Monu...y
N.p.
Pla"...
Pl"....
Riverside
S.cruento
San Ilanleo
San Bernardino
San Oiaqo
S.n .Jo.quin
S.n I.\Ju Olli.po
San Mateo
Santa earbara
5.n1:a Clara
S.n1:. Cn&
Sha.ta
Sonoma
tenama
trinlty
Tl.lO1 Ullne
Venture
7.25
7."
7.00
7.00
'.00
'.00
'.'0
'.00
'.00
'.60
6.00
'.00
l.79
.11
l.%J
.39
.10
7.'0
'.00
'.00
10.57
7.'0
'.00
6.3'
'.'0
'.'0
10."
9.71
7.'0
10."
'.'0 '
10.57
U.'O
13.00
'.00
10.36
'.$0
9.43
'.31
10.30
7."
ll.39
6."
10.3'
'.57
'.]9
'.a
9.61
10.57
10.3'
9.61
1.'0
ll.OO
2,03
1.0.
.'3
2.03
.57
.72
2.01
.72
2.03
.11
1.15
.3.
.n
2.15
.71
3.12
1..,
2."
2.15
1.3'
2.03
1.15
1.3'
.12
1.41
Unllsted claSllficatlon. ne.dad for work noe inCluded within the
C....1000l - .
MW-Sl
SOUTH
-
I
I
94
1
1
I
I
1
1
I
1
I
1
1
I
I
1
I
I
1
99
scepe ot the ela..itica~iQn. li.~.d .ay ba added at~.r award only
.a provided In ehe labor seandard. coner.c~ clau... (29 erR
5.5(a) 1(:'.11,
END or GENERAL DECISION
C".100Q' - ~
MW.52
SOUTH
I
1
I
I
1
I
I
I
1
I
1
1
I
I
1
1
I
I
I
.
94 99
General Decision Number CA930002
~[E~[E~W[E[W
MAY 121993
LABOR RELATIONS
superseded General Decision No. CA910002
state: California
Construction Type:
Building
Heavy
Highway
Residential
County (ies) :
IMPERIAL
INYO
KERN
LOS ANGELES
MONO
ORANGE
RIVERSIDE
SAN BERNARDINO
SAN LUIS OBISPO
SANTA BARBARA
VENTURA
BUILDING CONSTRUCTION PROJECTS
HEAVY CONSTRUCTION PROJECTS
Not applicable to TV/Grout work or water well drilling
In Kern County, not applicable to oil well drilling
HIGHWAY CONSTRUCTION PROJECTS
RESIDENTIAL CONSTRUCTION PROJECTS
(includes single family homes and apartments up to and
including 4 stories)
Not applicable to residential construction projects in Inyo and
Mono Counties
DREDGING PROJECTS
This wage decision does not include hopper dredge work or the
installation of solar energy systems.
Modification Number
o
1
2
3
pUblication Date
02/19/1993
03/05/1993
04/16/1993
05/07/1993
CA930002 - 1
1
1
I
1
1
1
I
1
I I
1
1
I
1
I
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~
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 04/01/1993
BOILERMAKERS
Rates
26.18
Fringes
7.54
----------------------------------------------------------------
BRCA0004B 05/01/1991
Rates
RIVERSIDE AND SAN BEmlARDINO COUNTIES:
Fringes
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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
Fringes
Rates
LOS ANGELES, ORANGE AND VENTURA COUNTIES:
TERRAZZO WORKERS AND TILE SETTERS
24.99
6.60
----------------------------------------------------------------
BRCA0004D 07/01/1992
IMPERIAL COUNTY:
Rates
Fringes
BRICKLAYERS; STONEMASONS; MARBLE
SETTERS
22.00
5.95
----------------------------------------------------------------
BRCA0004E 07/01/1992
Rates
Fringes
VENTURA COUNTY:
BRICKLAYERS
22.00
6.13
----------------------------------------------------------------
BRCA0004F 07/01/1992
Fringes
Rates
SAN LUIS OBISPO AND SANTA BARBARA COUNTIES:
BRICKLAYERS; STONEMASONS; MARBLE,
TERRAZZO AND TILE SETTERS
23.60
5.25
----------------------------------------------------------------
BRCA0004G 08/01/1992
INYO, KERN AND MONO COUNTIES:
Rates
Fringes
BRICKLAYERS; STONEMASONS:
Edwards Air Force Base; and Naval
CA9J0002 - J
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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 FINISHERS
19.27
6.97
----------------------------------------------------------------
BRCA00040 09/01/1992
IMPERIAL COUNTY:
Rates
Fringes
(
TERRAZZO , TILE SETTERS
24.99
6.60
----------------------------------------------------------------
BRCA0004P 09/01/1992
Fringes
BERNARDINO,
Rates
INYO, KERN, LOS ANGELES, MONO, ORANGE, RIVERSIDE, SAN
SAN LUIS OBISPO, SANTA BARBARA AND VENTURA COUNTIES:
TERRAZZO WORKERS 24.99
6.60
-----------------------------------~----------------------------
Rates
RIVERSIDE AND SAN BERNARDINO COUNTIES:
BRCA0004R 10/01/1992
Fringes
TILE SETTERS
24.99
5.52
----------------------------------------------------------------
BRCA0004S 09/01/1992
Rates
Fringes
IMPERIAL COUNTY:
\
CA9JOOO2 - 4
94 99
TERRAZZO AND TILE SETTERS
24.99
6.60
----------------------------------------------------------------
* BRCA0004U 05/01/1993
Rates
Fringes
LOS ANGELES COUNTY:
BRICKLAYERS; STONEMASONS
26.37
6.05
----------------------------------------------------------------
BRCA0004V 11/01/1991
INYO, KERN AND MONO COUNTIES:
Rates
Fringes
TILE SETTERS:
Edwards Air Force Base; and Naval
Air Weapons Station, China Lake
20.40
3.40
----------------------------------------------------------------
Remainder of Inyo, Kern and
Mono counties
17.40
3.40
BRCA0004W 05/01/1992
Rates
Fringes
ORANGE COUNTY:
BRICKLAYERS; STONEMASONS; MARBLE
SETTERS
24.25
5.10
----------------------------------------------------------------
BRCA0007F 08/01/1992
Rates
Fringes
INYO AND MONO COUNTIES:
MARBLE SETTERS
26.80
10.55
----------------------------------------------------------------
CARP0002A 07/01/1992
CARPENTERS:
Rates
Fringes
Work on single family homes
& apartments up to and
including 4 stories:
Framer & finish carpenter
Insulation installer
Shingler
Concrete & form worker
Residential fence builder
17.69
15.50
16.42
18.17
17-.01
4.80
3.55
3.80
4.80
4.80
CA930002 - 5
94 99
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
worker and acoustical
installer
Shingler
Saw filer
Table power saw 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
18.09
4.80
(
18.17
4.80
23.23
23.36
23.31
23.33
4.80
4.80
4.80
4.80
23.48
21.51
4.80
4.80
4~80
4.80
16.35
24.30
23.93
24.03
23.83
4.80
4.80
4.80
c
23.80
23.93
23.88
2J.90
4.80
4.80
4.80
4.80
24.05
21.51
4.80
4.80
16.75
24.30
4.80
4.80
23.93
24.03
23.83
4.80
4.80
4.80
----------------------------------------------------------------
CARP0002B 07/01/1991
DIVERS:
CA930002 - 6
Rates
Fringes
(
----------------------------------------------------------------
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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
28.00
28.60
25.20
25.80
EtEC0011B 08/01/1992
Rates
LOS ANGELES COUNTY:
LINE CONSTRUCTION:
Line technician
Cable splicer
Ground person
25.20
25.80
15.12
3t + C
4.11
3t + 8.44
3t + 8.44
Jt + 8.44
Jt + 8.44
Fringes
Jt + 7.94
Jt + 7.94
3t + 7.94
----------------------------------------------------------------
ELECOOIIC 12/01/1992
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
Inyo, Mono, Riverside and San
Bernardino Counties:
Communications & systems
installer 16.15
CA9J0002 - 8
Prinqes
BERNARDINO, ....
.
3t + 3.40
Jt + 3.40
Jt + 3.40
Jt + 3.40.
(
Jt + 2.75
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Communications , systems
technician
17.90
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
iritercom and sound, burglar alarms, fire alarm. and low voltage
master clock systems.
communication systems that transmit or receive information
and/or control systems that are intrinsic to the above listed
systems; inclusion or exclusion of terminations and testings of
conductors determined by their function; 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 Station, Edwards Air Force Base, Elk Hills Naval petroleum
Reserve, Point Arguello and Vandenberg Air Force Base.
In the counties of Inyo, Mono, Riverside and San Bernardino,
fire alarm work shall be performed at the current inside wireman
total cost package.
----------------------------------------------------------------
ELEC0413A 12/01/1992
SANTA BARBARA COUNTY:
Rates
Fringes
ELECTRICIANS:
Work on single family homes
and apartments up to and
including 4 stories
15.35
3\ + 4.10
All other work:
Point Arguello and
Vandenberg Air Force Base:
Electrical subcontracts
over $50,000:
Electricians
Electricians, welding
Cable splicers
Electrical subcontracts
28.07
28.57
29.57
3\'+ 6.40
3\ + 6.40
3\ + 6.40
CA930002 - 9
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of $50,000 or less: (
Electricians 24.30 Jt + 6.40
Electricians, welding 24.80 Jt + 6.40
Cable splicers 25.80 n + 6.40
Remainder of Santa Barbara
County:
Electrical subcontracts
over $50,000:
Electricians 24.32 Jt + 6.40
Electricians, welding 24.82 Jt + 6.40
Cable splicers 25.82 Jt + 6.40
Electrical subcontracts
of $50,000 or less:
Electricians 20.55 Jt + 6.40
Electricians, welding 21. 05 Jt + 6.40
Cable splicers 22.05 3' + 6.40
----------------------------------------------------------------
ELEC041JB 08/01/1991
SANTA BARBARA COUNTY:
Rates
Fringes
LINE CONSTRUCTION:
Point Arguello and
vandenberg Air Force Base:
Line technician; Equipment
operator
Cable splicer
Ground person; Ground
person/driver
f
21. 79
4' + 6.30
4' + 6.30
4t + 6.30
21.57
29.21
Remainder of Santa Barbara
county:
Line technician: Equipment
operator
Cable splicer
Ground person: Ground
person/driver
23.82
25.32
4' + 6.30
4' + 6.30
18.04
4t + 6.30
----------------------------------------------------------------
ELEC0428A 06/01/1992
KERN COUNTY:
Rates
Fringes
ELECTRICIANS:
Edwards Air Force Base and Naval
Air Weapons Station, China Lake:
Work on single family homes
and apartments up to and
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including 4 stories
All other work:
Electrician
Cable splicer
14.00
4.25% +2.60
26.59
28.77
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
13.00
4.25% +2.60
21. 84
24.02
4.25% +5.15
4.25% +5.15
--~-------------------------------------------------------------
ELEC0428B 06/01/1992
KERN COUNTY:
Rates
Fringes
LINE CONSTRUCTION:
Edwards Air Force Base; and Naval
Air Weapons Station, China Lake:
Ground person/Truck driver 21.13
Line technician: Heavy
equipment operator 26.59
Cable splicer 28.77
H + 5. 15
4' + 5.15
4' + 5.15
'.
Remainder of Kern county:
Ground person/Truck driver 16.38
Line technician: Heavy
equipment operator 21.84
Cable spl icer 24.02
H + 5.15
4% + 5.15
H + 5.15
----------------------------------------------------------------
ELEC0440A 12/28/1992
RIVERSIDE COUNTY:
Rates
Fringes
ELECTRICIANS:
Work on single family homes
and apartments up to and
including 4 stories
14.50
n + 2.91
All other work:
Electricians
Cable splicers
Electricians, welding
22.83
23.33
23.13
n + 6.9~
n + 6.96
n + 6.96
----------------------------------------------------------------
ELEC0440B 07/05/1992
CA9J0002 - 11
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Rates
Fringes
-
RIVERSIDE COUNTY:
LINE CONSTRUCTION:
Line technician
Cable splicer
Ground person
22.46
22.96
16.85
4% + 6.61
4% + 6.61
4% + 6.61
----------------------------------------------------------------
ELEC0441A 12/01/1992
ORANGE COUNTY:
Rates
Fringes
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
25.50
26.67
21.79
3% + 1.95
Jt + 5.80
3% + 5.80
- (
Jt + 5.80
Jt + 5.80
Jt + 5.80
15.80
25.50
26.67
----------------------------------------------------------------
ELEC0477A 12/01/1992
Fringes
Rates
INYO, MONO AND SAN BERNARDINO COUNTIES:
ELECTRICIANS:
Work on single family homes
and apartments up to and
including 4 stories (San
Bernardino County only)
14.50
Jt + 2.85
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
22.34
22.84
Jt + 8.04
Jt + 8.04
l
CA9JOa02 - 12
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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
Electrical contracts
$J,OOO,OOO and under:
Electricians
Cable splicers
Electrician, welding
Electrician, tunnel work
22.84 3' + 8.04
24.57 Jt+ 8.04
21. 58 Jt + 8.04
22.08 H + 8.04
22.08 3' + 8.04
23.74 3' + 8.04
29.34 Jt+ 8.04
29.84 H+ 8.04
29.84 3"+ 8.04
32.27 3' + 8.04
28.58 Jt + 8.04
29.08 3' + 8.04
29.08 Jt + 8.04
31.44 H + 8.04
----------------------------------------------------------------
ELEC0477B 12/01/1992
Rates
INYO, MONO AND SAN BERNARDINO COUNTIES:
Fringes
LINE CONSTRUCTION:
Within 75 road miles from
the Main Post Office in
San Bernardino, California:
Subcontracts under
52,000,000:
Line technician
Cable splicer; Line
technician, welding
Ground person
Subcontracts over
52,000,000:
Line technician
Cable splicer; Line
technician, welding
Ground person
Remainder of area:
Subcontracts under
52,000,000:
CA9J0002 - 13
21.41
4' + 8.00
4t + 8.00
4t + 8.00
4' + 8.00
4' + 8.00
4' + 8.00
21.91
16.06
22.16
22.66
16.62
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Line technician 28.41 a+ 8.00 ,
caDle splicer; Line
technician, welding 28.91 a + 8.00
Ground person 23.06 4% + 8.00
subcontracts over
$2,000,000:
Line technician 29.16 4% + 8.00
Cable splicer; Line
technician, welding 29.66 a + 8.00
Ground person 23.62 a + 8.00
----------------------------------------------------------------
~LEC0569C 02/01/1993
IMPERIAL COUNTY:
LINE CONSTRUCTION:
commercial overhead line work;
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
a + 5.12
4' + 5.12
~
{
4' + 5.12
a+ 5.12
16.27
11. 58
----------------------------------------------------------------
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
CA930002 - 14
Rates
Fringes
14. Jl 3' + 2.57
16.91 n+ 3.35
13.52 3' + 3.35
11. 84 n + 2.76
15.81 n + 1. 76
12.16 n + 1.76
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$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
20.36
20.81
3% + 5.32
3% + 5.32
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
for 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 street lights and
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
of 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 06/01/1992
SAN LUIS OBISPO COUNTY:
Rates
Fringes
ELECTRICIANS:
CA930002 - 15
Work on single family homes
and apartments up to and
including 3 stories 15.78
All other work:
Electrical contracts over
$200,000.:
Electricians
Cable splicers
Electrical welders
Electrical contracts $200,000 or
less:
Electricians
Cable splicers
Electrical welders
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H + 3.36
(
23.25 H + 5.61
25.58 3% + 5.61
24.41 H + 5.61
20.90 3% + 5.61
22.99 3% + 5.61
21.95 H + 5.61
----------------------------------------------------------------
----------------------------------------------------------------
ELEC0639B 06/01/1992
SAN LUIS OBISPO COUNTY:
LINE CONSTRUCTION:
Line technician; Line truck
operator; Line equipment
operator
Cable splicer
Line welder
Ground person
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
23.25
25.58
24.41
17.44
4% + 5.56
n + 5.56
4% + 5.56
4% + 5.56
(
Rates
Fringes
25.40
27.94
J% + 6.75
J% + 6.75
30.40
32.94
J% + 6.75
3% + 6.75
Basing points: the main Post Office in the cities of
Camarillo, Oak View, Oxnard, Santa Paula and Ventura.
-
----------------------------------------------------------------.
ELEC0952B 04/01/1993
VENTURA COUNTY:
CA930002 - 16
Rates
Fringes
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LINE CONSTRUCTION:
Area within J2 road miles from
the nearest basing point:
Line technician; Heavy
equipment operator 25.40 H + 6.65
Cable splicers 27.94 4% + 6.65
Ground person 19.05 H + 6.65
Remainder of Ventura County:
Line technician: Heavy
equipment operator 30.40 H + 6.65
Cable splicer 32.94 H + 6.65
Ground person - truck driver 24.05 H + 6.65
Basing points: the main Post Office in the cities of
Camarillo, Oak View, Oxnard, Santa Paula and Ventura.
----------------------------------------------------------------
ELEC1245A 06/01/1992
Rates
Fringes
OUTSIDE UTILITY TRANSMISSION WORK:
Line worker; Cable splicer
Powder worker
Ground person
Line worker, welding
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 of 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
governmental agencies engaged in utility operations which shall
include:
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 of
employees, tools, or equipment; the loading and moving of
materials from the :irst 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
electrical wires, conductors or equipment (this includes
transmission towers, outdoor substations, switch racks or similar
electrical structures); the moving of employees, tools or
equipment: the handling, sorting and moving of materials from the
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
CA930002 - 17
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any low voltage control or lightinq work which may properly
belong to the inside branch of the electrical industry. Work
covered shall include the groundinq 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;
the 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
Fringes
Rates
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
POWER EQUIPMENT OPERATORS:
Group 1
Group 2
Group 3
Group 4
Rates
Fringes
21.75
22.23
22.52
22-.66
9.21
9.21
9.21
9.21
CA930002 - 18
(
-.
,
\
{
I,
94 99
I
Group 5 22.88 9.21
I Group 6 22.99 9.21
Group 7 23.11 9.21
Group 8 23.28 9.21
I Group 9 23.38 9.21
Group 10 23.41 9.21
Group 11 23.49 9.21
Group 12 23.61 9.21
I Group 13 23.78 9.21
Group 14 23.88 9.21
Group 15 23.99 9.21
I Group 16 24.11 9.21
Group 17 24.28 9.21
.. Group 18 24.38 9.21
I Group 19 24.49 9.21
Group 20 24.61 9.21
Group 21 24.78 9.21
I CRANES, PILEDRIVING & HOISTING EQUIPMENT:
Group 1 21. 75 9.21
I Group 2 22.23 9.21
Group 3 22.52 9.21
Group 4 22.66 9.21
I Group 5 22.88 9.21
Group 6 22.99 9.21
Group 7 23.11 9.21 -
Group 8 23.28 9.21
I Group 9 23.45 9.21
Group 10 24.45 9.21
Group 11 25.45 9.21
I Group 12 26.45 9.21
Group 13 27.45 9.21
I TUNNEL GROUP:
Group 1 22.73 9.21
I Group 2 23.02 9.21
Group 3 23.16 9.21
Group 4 23.38 9.21
Group 5 23.49 9.21
I Group 6 23.61 9.21
Group 7 23.91 9.21
I CONCRETE PUMPERS:
Group 1 21.95 9.22
I Group 2 22.23 9.22
Group 3 23.01 9.22
I Group 4 23.11 9.22
Group 5 24.01 9.22
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DREDGING:
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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
TRUCK CRANE OPERATORS:
Group 1
Group 2
Group 3
Group 4
Group 5
Group 6
Group 7
Group 8
22.31
22.46
23.19
23.25
23.37
23.54
23.79
24.04
9.22
9.22
9.22
9.22
9.22
9.22
9.22
9.22
(
POWER EQUIPMENT OPERATOR CLASSIFICATIONS:
GROUP 1: Barge, brake, compressor operator, Ditch Witch, with
seat or similar type equipment, elevator operator - inside,
engineer oiler, generator operator, generator, pump or compressor
plant operator, pump operator, signal. switch
GROUP 2: Concrete mixer operator - skip type, conveyor
operator, firefighter, hydrostatic pump operator, oiler crusher
(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 machine
operator
GROUP 3: Equipment greaser (rack). Ford Ferguson (with dragtype
attachments), helicopter radio (ground), power concrete curing
machine operator, power concrete saw operator, power - driver
jumbo form setter operator, stationary pipe wrapping and cleaning
machine operator
GROUP 4: Asphalt plant firefighter. backhoe operator (mini-max.
or similar type), boring machine operator, box or mixer (asphalt
or concrete), building construction inspector, chip spreading
machine operator, concrete pump operator (small portable),
drilling machine operator. small auger types (TeXoma super
{
CA930002 - 20
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economatic or similar types - Hughes 100 or 200 or similar types
_ drilling depth of 30' maximum), equipment greaser (grease
truck), guard rail post driver operator, highline cableway
signal, hydra-hamrner-aero stomper, power sweeper operator, roller
operator (compacting), screed operator (asphalt or concrete),
trenching machine operator (up to 6 ft.)
GROUP 5: Asphalt plant engineer, batch plant operator, bit
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 pipelining 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 (single engine, up to 100
h.p. flywheel and similar types, up to and including D-S and
similar types), tugger hoist operator
GROUP 6: 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 700, 800 auger or similar types - drilling depth
of 60' 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, Le Tourneau blob compactor or similar type,
loader 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, Caterpillar, 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
CA930002 - 21
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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 homes 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 & TILE FINISHERS:
Edwards Air Force Base: and Naval
Air Weapons Station, China Lake
Remainder of Inyo, Kern and
Mono Counties
Rates
Fringes
16.78
3.15
3.15
----------------------------------------------------------------
13.78
CARPOOIIC 06/01/1990
Rates Fringe.
LOS ANGELES, ORANGE, RIVERSIDE, SAN BERNARDINO, SAN LUIS OBISPO,
SANTA BARBARA AND VENTURA COUNTIES:
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 VENTURA COUNTIES:
TERRAZZO FINISHERS
----------------------------------------------------------------
20.98
3.80
ELEC001IA 09/01/1992
LOS ANGELES COUNTY:
ELECTRICIANS:
CA930002 - 7
Rates
Fringes
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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 6-1/2 yds.),
surface heaters and planer operator, tractor compressor drill
combination operator, tractor operator (any type larger than D-5
_ 100 flywheel h.p. and over, or similar - bulldozer, tamper,
scraper and push tractor single engine), tractor operator (boom
attachments), traveling pipe wrapping, cleaning and bending
machine operator, trenching machine operator
c
GROUP 7: Drilling machine operator, bucket or auger types
(Caldwell 200 B bucket or similar types - Watson 3000 or 5000
auger or similar types - Texoma 900 auger or similar types -
driiling 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-moving 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.), tower crane repair
person, tractor loader operator (crawler and wheel type over 6-
1/2 yds.), Woods mixer operator (and similar puqmill equipment)
GROUP 8: Auto grader operator, automatic slip form operator,
drilling machine operator, bucket or auger types (Caldwell, auger
200 CA or similar types - Watson auger 6000 or similar types -
drilling depth of 175' maximum), hoe ram or similar 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, Euclid, Caterpillar
and similar type, over 50 cu.yds. struck), rubber-tired self-
loading scraper operator (paddle-wheel-auger type self-loading -
two (2) or more units)
{
GROUP 9: Rubber-tired earth-moving equipment operator operating
equipment with pUSh-pull system (single engine, up to and
inCluding 25 yds. struck)
GROUP 10: Canal liner operator, canal trimmer operator, remote-
control earth-moving equipment operator, wheel excavator operator
GROUP 11: Rubber-tired earth-moving equipment operator,
operating equipment with 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
equipment with push-pull system (multiple engine - up to and
including 25 yds. struck)
GROUP 12: Rubber-tired earth-moving equipment operator,
operacing equipment with pUSh-pull system (single engine, over 50
yds. struck), rubber-tired earth-moving equipment operator,
(
~
CA930002 - 22
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operating equipment with push-pull system (multiple engine,
Euclid, caterpillar and similar, over 25 yds. and up to 50 yds.
struck)
GROUP 13: 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 14: 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 15: 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 all 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 16: 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 17: 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 18: Rubber-tired earth-moving equipment operator,
operating equipment with the tandem pUSh-pull system (single
engine, up to and including 25 yds. struck)
GROUP 19: 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 20: 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)
CA930002 - 23
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GROUP 21: Rubber-tired earth-moving equipment operator,
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, draqline,
clamshell operator (over 5 cu. yds. mrc); Tower crane repair;
Tugger hoist operator (3 drum)
GROUP 8: Crane operator (up 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, backhoe, dragline, 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
~
CA930002 - 24
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200 tons mrc); Derrick barge operator (over 100 tons up to and
including 200 tons mrc); Hoist operator, stiff legs, Guy derrick
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 CLASSIFICATIONS:
GROUP 1: Skiploader (wheel type up to 3/4 yd. without
attachment)
GROUP 2: power-driven jumbo form setter operator
GROUP 3: Dinkey locomotive 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);
Welder - 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
(Athey, Euclid, Sierra and similar types); Mucking machine
operator (1/4 yd., rUbber-tired, rail or track type); Pneumatic
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: Heavy-duty repair person when performing welding
GROUP 5: Concrete pump operator (truck-mounted); Concrete pump
CA930002 - 25
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and separate placing boom; concrete pump, large trailer type
(l.arge rock)
(
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)
~ROUP 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)
----------------------------------------------------------------
IRONooolC 07/01/1992
VANDENBERG AIR FORCE BASE:
Rates
Fringes
IRONWORKERS:
Ornamental, reinforcing
and structural
Fence erector
c
23.68
22.79
n.37
11.37
----------------------------------------------------------------
IRONOOOIF 07/01/1992
Fringes
Rates
REMAINDER OF COUNTIES AND PARTS OF COUNTIES:
IRONWORKERS:
Ornamental, reinforcing and
structural
Fence erectors
20.68
19.79
11.37
11.37
----------------------------------------------------------------
LABOOOOIB 09/01/1992
Fringes
8.51
BRICK TENDERS
Rates
16.86
----------------------------------------------------------------
LAB00002B 01/01/1992
Fringes .
Rates
KERN COUNTY:
PLASTERER TENDERS:
(
CA930002 - 26
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Edwards Air Force Base; Elk Hills
Naval Reserve; and Naval Air
Weapons station, China Lake
18.64
7.91
----------------------------------------------------------------
Remainder of Kern County
14.96
7.91
LAB00002C 07/01/1991
LOS ANGELES AND ORANGE COUNTIES:
Rates
Fringes
PLASTERER TENDERS:
'. Work on single family homes and
apartments up to and including
3 stories
All other work
16.69
19.69
9.24
9.24
----------------------------------------------------------------
LAB00002D 07/01/1991
Fringes
Rates
SAN LUIS OBISPO AND SANTA BARBARA COUNTIES:
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) 13.63
All other work 16.48
9.34
9.34
Santa Barbara County (south part) :
Work on single family homes
and apartments up to and
including 3 stories 13.63
All other work 17.48
9.34
9.34
----------------------------------------------------------------
LAB00002E 07/01/1992
Rates Fringes
IMPERIAL, INYO, MONO, RIVERSIDE AND SAN BERNARDINO COUNTIES:
PLASTERER TENDERS:
Work on single family homes
and apartments up to and
including 3 stories:
Plasterer tender
16.90
9.94
CA930002 - 27
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Plasterer clean-up laborer
All other. work:
Plasterer tender
Plasterer clean-up laborer
13.56
9.94
(
19.90
16.56
9.94
9.94
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 Facility Seeley, and
u.s. Marine Corps pickle Meadows: $3.00 per hour additional.
----------------------------------------------------------------
LA~00002G 10/01/1992
VENTURA COUNTY:
Rates
Fringes
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 01/01/1993
Fringes
Rates
-.
,
LABORERS:
LABORERS:
Group 1
Group 2
Group 3
Group 4
Group 5
16.61
17.01
17.21
18.26
18.46
8.51
8.51
8.51
8.51
8.51
TUNNEL LABORERS:
Group 1
Group 2
Group 3
Group 4
19.52
19.64
19.80
20.08
9.51
9.51
9.51
9.51
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
(
CA930002 - 28
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family homes and apartments
up to and including 38
stories
13.79
8.51
GUNITE LABORERS:
Group 1
Group 2
Group 3
19.86
18.91
16.40
9.21
9.21
9.21
HOUSEMOVERS (ONLY WHERE HOUSEMOVING IS INCIDENTAL TO A
CONSTRUCTION CONTRACT):
Housemover 15.37 9.19
" Yard maintenance person 15.12 9.19
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; Scale~;
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 and handling bulk cement): Cesspool digger and installer;
Chucktender; Chute handler, pouring concrete, the handling of the
foundations, footings, curb, gutters and sidewalks; Concrete
curer, impervious membrane and form oiler; cutting torch operator
(demolit'on); Fine grader, 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 3: 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.
CA930002 - 29
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pipe and over, by any method, inside and out; Hydro seeder and
similar type; Impact wrench multi-plate; Kettle, pot and asphalt
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 pneumatic, 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, shorer,
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; Sandblaster (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, whather 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
{
CA930002 - 30
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94 fin
GROUP 4: Shaft, raise miner; Diamond driller
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; scaffolding, fabrication of temporary wooden
barriers and assembly of decontamination stations.
----------------------------------------------------------------
OTHR0669C 04/01/1993
Fringes
Rates
REMAINDER OF COUNTIES AND PARTS OF COUNTIES:
~.
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
~NYO AND KERN COUNTIES; LOS ANGELES COUNTY (EXCEPT POMONA AREA);
MONO COUNTY; AND SAN BERNARDINO COUNTY (WEST OF A LINE NORTH OF
TRONO INCLUDING CHINA LAKE AREA, JOHANNESBURG, BORON, SOUTH
INCLUDING THE WRIGHTWOOD AREA):
PAINTERS AND DRYWALL FINISHERS:
CA930002 - Jl
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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
Nork) (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
(
CA930002 - 32
of a line north of Trono
including the China Lake area,
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
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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, swing stage; Iron,
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
5.94
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
CA930002 - 33
22.86
4.45
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PAINTERS:
Work on single family homes and
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
stage:
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
Spray painter; Sandblaster;
Waterblaster; Power
cleaning; Steam Cleaning
Iron and steel:
Iron and steel/brush; Pot
tender/steel
Iron and steel/spray; Iron
and steel sandblast power
clean
High iron and steel construction;
Bridges over 30 ft.:
Painter/brush
Painter/steel/spray; Sand-
blaster; Waterblaster
t
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
22.94
4.70
23.44
4.70
21. 44
4.70
21. 94
4.70
22.94
4.70
----------------------------------------------------------------
23.44
4.70
Rates
INYO, KERN, MONO AND SAN LUIS OBISPO COUNTIES:
PAIN0132A 07/01/1989
CA930002 - 34
Fringes
,
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GLAZIERS
----------------------------------------------------------------
19.83
4.74
PAIN0294B 07/01/1992
REMAINDER OF COUNTIES:
SOFT FLOOR LAYERS
Rates
Fringes
----------------------------------------------------------------
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
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 Imixer 17.16
Applicator operator, shuttle
person and squeegee person 15.13
PAIN1176A 04/01/1993
INYO AND MONO COUNTIES:
DEFINITION OF GROUPS:
Rates
Fringes
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
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
CA930002 - 35
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application of pavement markers, delineating signs, rumble
and traffic bars, adhesives, guide markers; other traffic
delineating devices; includes all related surface
preparation (sandblasting, waterblasting, g~inding) as part
of the application process
eF:
.
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
----------------------------------------------------------------
PAIN1176B 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 of equipment)
(on jobsite only)
19.9~
18.93
16.94
19.93
5.67
5.67
5.67
5.67
11.96
5.25
Slurry seal work:
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
14.89
3.66
13.18
3.66
15.51
3.66
c
CA930002 - 36
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Traffic control person
8.19
3.66
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
markers
----------------------------------------------------------------
PAIN1247A 10/01/1992
Rates
Fringes
INYO, KERN AND MONO COUNTIES:
SOFT FLOOR LAYERS
18.22
5.97
----------------------------------------------------------------
PAIN1247B 08/01/1992
Rates Fr.inges
LOS ANGELES, ORANGE, RIVERSIDE, SAN BERNARDINO, SAN LUIS OBISPO,
SANTA BARBARA AND VENTURA COUNTIES:
SOFT FLOOR LAYERS
23.30
6.49
----------------------------------------------------------------
CA930002 - 37
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PAIN1399B 08/01/1992
IMPERIAL COUNTY:
Rates
Fringes
(
GLAZIERS
22.56
6.70
----------------------------------------------------------------
PAIN1711A 10/13/1991
Rates
Fringes
IMPERIAL COUNTY:
SOFT FLOOR LAYER
16.95
5.44
----------------------------------------------------------------
PLAS0002B 08/05/1992
Rates Fringes
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
Rates
Fringe.
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 16.26
Work on jobsites where the total
permit value of the general
contract and all subcontracts
upon that jobsite is $4,000,000
or less 19.96
All other work 19.96
6.65
7.50
9.50
----------------------------------------------------------------
(
PLAS0191B 01/01/1983
CA930002 - 38
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Rates
Fringes
INYO, KERN AND MONO COUNTIES:
PLASTERERS:
Plasterers
Nozzle operator
15.57
15.695
4.41
4.41
----------------------------------------------------------------
PLAS0341B 08/07/1991
Rates
Fringes
SANTA BARBARA COUNTY:
PLASTERERS
22.10
4.53
----------------------------------------------------------------
PLAS0346B 05/01/1991
Rates
Fringes
IMPERIAL COUNTY:
PLASTERERS:
work on single family homes
and apartments up to and
including 3 stories
All other work
15.42
1&.42
5.29
5.29
----------------------------------------------------------------
PLAS0775B 06/01/1982
SAN LUIS OBISPO COUNTY:
Rates
Fringes
PLASTERERS
21. 77
----------------------------------------------------------------
PLUM0016G 07/01/1992
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
27.53
10.72
camp Roberts, George Air Force
Base and Vandenberg Air Force
CA930002 - 39
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Base
26.28
10.72
(
Remainder of counties and parts
of 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
LOS ANGELES AND ORANGE COUNTIES:
Rates
Fringes
REFRIGERATION & AIR CONDITIONING
21.19
5.90
----------------------------------------------------------------
,
PLUM0355B 07/01/1992
INYO AND KERN COUNTIES:
Rates
Fringes
LANDSCAPE FITTER; UNDERGROUND UTILITY
WORKER 21.60
2.95
----------------------------------------------------------------
PLUM0364A 02/01/1987
Fringes
Rates
RIVERSIDE AND SAN BERNARDINO COUNTIES:
REFRIGERATION & AIR CONDITIONING
19.55
U + 5.78
----------------------------------------------------------------
PLUM0460A 01/01/1993
INYO, KERN AND MONO COUNTIES:
Rates
Fringes
PLUMBERS: STEAMFITTERS:
Work at China Lake Naval Weapons
Center and Edwards Air Force
Base
27.11
5.93
(
-.
CA930002 - 40
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Remainder of Area
22.11
5.93
------~---------------------------------------------------------
ROOF0027B 02/01/1993
Rates
Fringes
INYO, KERN AND MONO COUNTIES:
ROOFERS
18.65
5.75
----------------------------------------------------------------
RdOF0036A 09/01/1992
Rates Fringes
LOS ANGELES, ORANGE, SAN LUIS OBISPO, SANTA B1ffiBARA 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 roofing, damp
and/or waterproofing material)
20.02
6.635
15.30
1.00
----------------------------------------------------------------
ROOF0045A 01/01/1991
IMPERIAL COUNTY:
Rates
Fringes
ROOFERS
18.70
3.38
----------------------------------------------------------------
ROOF0146A 09/01/1992
Fringes
Rates
RIVERSIDE AND SAN BERNARDINO COUNTIES:
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,
CA930002 - 41
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RIVERSIDE AND SAN BERNARDINO COUNTIES:
{
SHEET METAL WORKERS:
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
8.37
8.37
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,
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 23.76
(
8.37
8.37
----------------------------------------------------------------
SHEEOI08A 07/01/1992
Rates Fringes .
KERN COUNTY (WEST OF HWY. #395 FROM RED MOUNTAIN TO THE INYO
COUNTY LINE); LOS ANGELES COUNTY (NORTH OF A STRAIGKT LINE DRAWN
BETWEEN GORMAN AND BIG PINES, CALIFORNIA):
(
CA930002 - 42
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94 99
SHEET METAL WORKERS:
Residential/light commercial
(6,000 sq. ft. or less)
All other work
18.30
22.88
7.51
7.51
----------------------------------------------------------------
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 07/01/1991
Rates
Fringes
IMPERIAL COUNTY:
SHEET METAL WORKERS
21.43
8.09
----------------------------------------------------------------
SHEE0273A 08/01/1992
Rates Fringes
SAN LUIS OBISPO, SANTA BARBARA AND VENTURA COUNTIES:
SHEET METAL WORKER
2l.91
7.63
----------------------------------------------------------------
SUCAI005A 12/13/1991
Fringes
performing operation
Rates
WELDERS - receive rate prescribed for craft
to which welding is incidental.
----------------------------------------------------------------
* TEAMOOI1A 10/01/1992
TRUCK DRIVERS:
Rates
Fringes
camp Roberts; Edwards Air Force
Base; El Centro; Fort Irwin:
George Air Force Base; Mountain
Warfare Training Center (Bridgeport);
Naval Air Facility; Naval Air
Weapons Station, China Lake;
Nebo Marine Ballistic Base
(Yermo): Point Arguello;
Point Conception; Twenty-Nine
Palms Marine Base: and
Vandenberg Air Force Base:
CA930002 - 43
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94 99
Group .1
Group 2
Group 3
Group 4
Group 5
Group 6
Group 7
Group 8
Group 9
Group 10
Group 11
20.39
20.54
20.67
20.86
20.80
20.92
21.17
21.42
21. 62
21. 92
22.42
10.46
10.46
10.46
10.46
10.46
10.46
10.46
10.46
10.46
10.46
10.46
(
Remainder of Counties and
parts of Counties:
Group 1
Group 2
Group 3
Group 4
Group 5
Group 6
Group 7
Group 8
Group 9
Group 10
Group 11
18.39
18.54
18.67
18.86
18.80
18.92
19.17
19.42
19.62
19.92
20.42
10.46
10.46
10.46
10.46
10.46
10.46
10.46
10.46
10.46
10.46
10.46
t
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 3: Truck-mounted power broom
GROUP 4: Drivers of vehicles or combination of vehicles of 3
axles
GROUP 5: Boot; Cement distributor; Erosion control driver;
Fuel truck: Water truck, 2-axle
GROUP 6: Dump, less than 16 yds.
GROUP 7: Transit mix, under 3 yds.: Dumpcrete, less than 6-
1/2 yds.
GROUP 8: Truck repair helper
GROUP 9: Water truck, 3 or more axles
GROUP 10: PB and similar type truck when performinq within
the Teamsters' jurisdiction: Pipeline and utility working
truck including winch, but limited to truck applicable to
pipeline and utility work, where 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
(
..
CA930002 - 44
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Note: winch truck driver - $1.25 additional when operating
winch or similar special attachments.
------------------~---------------------------------------------
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) l(ii)).
END OF GENERAL DECISION
CA930002 - 45
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94 99
III
E QUA L E M P L 0 Y MEN T REG U L A T ION S
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94 !)9
AFFIRMATIVE ACTION COMPLIANCE
GUIDELINES FOR CONSTRUCTION AND
NON-CONSTRUCTION CONTRACTORS
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94
IMPLEMENTING ENTITIES
AFFIRMATIVE ACTION COMPLIANCE GUIDELINES FOP.
CONSTRUCTION AND NON-CONSTRUCTION CONTRACTORS
99
These Affirmative Action Compliance Guidelines have
been designed to provide the Implementing Entity with
information pertaining to the contractor's work force.
It is the intent of these guidelines to insure that
equ.al opportunity for employment is practiced by the
contractor without regard to race, age, color, sex,
relie:ion, ancestry, national origin, marital status,
or handicap. These guidel ines provide the mlnllRum
lnfo~ation necessary to prepare an Affirmative Action
Pbn that ...ill comply with Federal regulations
regArding Affil"lllatlve Action for federally assisted
projects. In the event that the Aff1rma~ive Action
Compliance Program of the implementing entlty address
these minimUIII guidelines, that program may be
ut it ized. Contractors are urged to concact the
Affireacive Action Officer of the implementing entity
for any necessary technical assistance in preparing
their Affirmative Action Plan if they are considering
bidding under this contract.
C.
Ex.emptions:
The following persons / contracts (as
defined by the implementing entity's
(Contract Compliance Officer) shall' be
exempt from this program:
1. Sole Source
2. Emergency Requisitions
3. Contracts which have been executec
by the contractor prior to Cctober
1, 1978.
4. Churches
Any contractor vho feels qualiiied for
an exemption should contact the Contract
Compliance Officer for verification.
1. AFFJRI'IATlVE ACIJON COMPLJANCE PROGRAIl
A.
The Affirmative Action program embodies the
following principals:
1. Discrimination because of race, color,
age, sex, religion, ancestry, national
origin, marital status, or handicapped
statuS 1s inconsistent with the
constitution, laws, and policies of the
United States, State of California and
County of San Bernardino.
2. In accordance with Executive Order
11246, the implementing entity is
committed to insuring that there be no
discrimination by vendors, contractors
(including professional services and
consultants), lessors, or lessees doing
business with the implementing entity.
II. METHOD FOR SATISFYING AFFIRMATIVE ACTJON PLAN
A.
Affirmative Action Plan for CO~STRCCIIO~
contractors can be met by one oi the
following methods:
B.
Contractors required to file an Affirmative
Action Plan.
1. Prior to being awarded the
contract, the contractor must have
both of the following dccc::er".t:S
approved by the implementing en~lty
Contract Compliance Officer.
a. A statement of the contractor's
Affirmative Action PolicY
including methods of recruiting
minorities and women. If the
contractor does not have an
Affirmative Action Policy, the
attached model policy may be
adopted by the contractor.
b. The "Contract Compliance Quali.
fying Report for Construction
Contractor" (attached).
1. All contractors who are submitting to
the implementing entity a bid or offer
on a CONSTRUCTION CONTRACT and who are
doing business in the amount of S10,000
or more with the implementing entity in
anyone fiscal year or employ ten (10)
or more employees, must have an
approved Affirmative Action Plan unless
exempt, prior to the award of such
contract.
a currently approved
State of California
Action Plan.
2.
Evidence of
Federal or
Affimatlve
3.
Certificate of Annual preq~ali-
fication issued by the tmpl~penting
entity Contract Compliance Officer.
2. All contractors and vendors who are
submitting to the implementing entity a
bid or offer on a ~ONCONSTRUCTION
CONTRACT in the amount of S10,000.00 or
more, must have an approved Affirmative
Action Plan unless exempt, prior to the
award of such contract or business.
a. To receive "Annual Pre-qL:ali.
fication" a contractor t!'.ust:
Complete the implementing entity
Affirmative Action "Contract
Compliance Qualifying Report"
with employment goals for the
nex.t three years; and submit to
the Contract Compliance Officer
for approval an Affirmative
3. All subcontractors rendering services
or supplies to the contractor 1n the
amount of S10,000 or more, must have an
approved Affirmative Action Plan unless
exempt, before the subcontractor
COUllDtnces work.
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Action Policy including methode of
recruiting minoritie, and women. The
contractor 1s required to submit an
Affirmative Action Compliance Plan
annually for subsequent prequali-
fication.
B. Appeal Procedure.
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Contractors deSiring to Ict as
subcontractors may receive annual
prequalification and be placed upon a
list of annually prequalified sub-
contractors which will be made avail-
able by the Contract Compliance Officer
to prime contractors to facilitate
their choice of subcontractors.
1. A contractor who has ,ubmitted a
program wh1ch is nOt approved by
the Contract Compliance Officer lDay
appeal that determination to the
implementing entity', legislative
body through their Administrative
Officer. All appeals Shall be in
vriting, signed by the person
appealing or that person's
authorized representative and shall
be filed With the Contract
Compliance Officer within ten (10)
working days after receiving notice
of disapproval.
2. The appeal should explain the
reason why the action of the
Contract Compliance Officer should
not have been taken. Failure of
the contractor to appeal within ten
(10) working days of notice of
disapproval shall make the action
taken by the Contract Compliance
Off icer final.
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S.
Affirmative Action Plan For Non-Construction
Contractors can be met as follows:
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1. Prior to being awarded the contract,
the contractor must have the "Contract
Compliance Qualifying Report for
Non-Construction Contractors and
Vendors" (attached), approved by the
implementing entity contract compliance
officer. In addition, the contractor
or vendor may be requested to submit to
the Contract Compliance Officer
additional information concerning the
contractor's Affirmative Action
policies.
Affirmative Action Plan for Subcontractors
can be met as follows:
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1. Prior to a subcontractor starting work
for a contractor, the subcontractor
must comply with Part II, Section A
above for construction subcontracts and
Part II, Section B above for
non-construction subcontracts. The
contractor is responsible to ensure
that all of his subcontractors are 1n
compliance.
C. On-site visits may be conducted to
verify the accuracy of the contractor r S
Affimative Action statistical data. In
addition, contractors will be required
to annotate entries on their payt'oll
reports with the follOWing codes:
A. \-lltte (not of Htspanicortgtn): All
persons having origins in any of
the original peoples of Europe I
~orth Africa, the Middle East, or
the Indian subcontinent.
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C.
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2.
Contractors are encouraged to use
subcontractors who have been approved
for annual prequalification (if
available) .
S - Slack (not of Hispanic origin): All
persons having origins in any of
the black racial groups.
e. Hispanic: All persons of Mexico,
Puerto Rican, Cuban, Central or
South American, or other Spanish
culture or origin, regardless of
race.
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A.
The Contract Compliance
review each Affirmative
as submitted.
Officer will
Action Program
D. Asian or Pacific Islanders: All
persons havins origins in any of
the Far East. Southwest Asia or the
Pacific Islands. This area
includes, for example, Olina,
Japan, Korea, the Philippine
IslandS and Samoa.
lIl. r::IERACTION Io'lIH THE CON "TRACT COMPLIANCE
OITICE
I
If the contractor's Affirmative Action
Plan is not approved by the Contract
Compliance Officer, the Contract
Compliance Officer shan notify the
contractor of the reasons for
disapproval of the plan, and of the
implementing entity's requirements for an
acceptable plan. The contractor shall be
allowed ten (10) working days in which to
develop and submit a revised Affirmative
Action Plan for review and approval by the
Contract Compliance Officer.
E - American Indian or Alaskan Native:
All persons having origins 1n any
of the original peoples of North
America.
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H - HALE EMPLOYEE
F - FEMALE EMPLOYEE
H - HANDICAPPED E~WLOYEE
v - VIETNAM-ERA VETERAN
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99
IV.
DEFlN I!IONS
tinleS& ..
requires ,
de fined a'
provillon of
ceTu,1n workl
follows:
otherwise
.hall be
.. contract
and phrases
A. "Affirmative Actlon" 11 .. commitment tn
increase the number of members of protected
classes in the ",'ork force by setting
employment goals and timetables, including
action programs to ach1eve objectives
through reform of the aysteCl. Affirmative
Action seekS to ensure that discrimination
is eliminated in all dealings wlt~ employees
or applicants for employment whether the
discrimination is intentional or
unintentional. In addition, Affirmative
Action seeks to improve job standards and
productivity through the removal of
artificial and unnecessary barriers to
employment and promotion and ensure that all
job actions are related to job perfo~nce
measures.
6.
"Approved Programstl are those
Contract Compliance Office
implementing entity have
compliance with this program.
whlch
of
deemed
the
the
ln
C. "Construction Contractll means a contract
which calls for the construction,
rehabll Hation, al teration, conversion,
extension, demolition or repair of
buildings, highways or other changes or
improvem€nts providing utility services.
D.
"Contract" means a purchase order, offer and
acceptance, lease, agreement or other
arrangement creating an obligation to which
the implementinc entity 1s a party, which
would make one of the parties within the
definition a contractor.
E.
"Contractor" means all persons (including
general contractors and prille contractors)
who prOVide, or offer to provide to the
implementing entity, labor or services of
any kind or type pursuant to a construction
contract with the County.
F.
"Implementing
jurisdiction
COntTaCt.
Entity"
who is
1I'Ieans public
administering the
c.
"Employee" means one "mo performs work
for compensation, or a person who is
permanently or regularly employed by the
contractor or subcontractor.
H.
"Handicapped Status" means any person
who:
1. Has a physical or mental impail"'lllent
which substantially Hllits one or
more of such person I 5 major I1fe
activities.
2. Has a record of such impa i rmen t or.
J. Is generally regarded as having
such an imp~iTlDent. S.
1.
''1.ocal LabOT Mlirket" Ileana the entire
San lern.rdino, Riverside, Ontario l.bor
urket. (Standard Ketropol1un
Statiltical Are.).
J.
"Hlnorit ieau means memben of the
following racial or ethnic groups: Black
(not of Hispanic origin) j Hispanic;
AsiAn or PacHic Islander; Americ~n
Indian or Alaskan native.
K.
"NonconstnJction ContractU means any
contract ~ich does not fall w1thln the
definition of "Construction Contract".
L.
"Officer" lIeans the Contract Compliance
Offlcer of the lmplementlng entlty.
H.
"Persons" lIeans any individual, firmt
co.partnerlhip, public service, joint
venture, ISloci.tion, social club,
fraternal oraanization, corporation,
estate, trust receiver, syndicate city,
county, municipal corporation, district
or otber political subdivision, or any
other aroup or combination acting as a
unit.
N.
"Protected Class" means those groups of
individuals covered or protected against
discrimination by the v.rious federal
and State civil rights laws as now in
existence or as IS hereaiter amended by
Federai or State law.
O.
"Sole Source" means a contract In which
the non-implementing entity party is in
a unique pOlition to fulfill the
implementina entitLe's needs, as
determined by the Contract Compliance
Officer, after consideration of
practical alternative.
P.
"Subcontractorlt means any person who
Agrees with any contrActor who has a
contract with the implementing entity to
furnish supplies, goods, or services to
such contractor.
Q.
"t:nderutilization" means having fewer
minorities or women in a particular job
classification than would reasonably be
expected by their availability.
Vietnar.-Era Veteranll means a person who:
1. Served on actual duty for a period
of more than 180 days, any part of
Wh~ch occurred between August 5,
1964, and Kay 7, 1975, and was
discharged or released therefrom
with other chan a d1shonorab~e
d1schargei or
2. Was discharged or released from
active duty for a service-connected
disability if any part of such
active ducy was performed between
ACKust 5, 1964, and May 7, 1975.
R.
"Women" lIeans female members of racial
and ethnic minority and nonminor1ty
groups.
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99
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EQUAL OPPORTUNITY REQUIREMENTS
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1. Contractor agrees to fully comply with the laws and programs
(including regulations issued pursuant thereto) which are listed
following this paragraph. Such compliance is required to the
extent such laws, programs and their regulations are, by their
own terms, applicable to this contract. Contractor warrants that
he will make himself thoroughly familiar with the applicable
provisions of said laws, programs, and regulations prior to
commencing performance of the contract. Copies of said laws,
programs, and regulations are available upon request from the
implementing entity's Contract Compliance Officer. To the extent
applicable, the provisions of said laws, programs and regulations
are deemed to be a part of this contract as if fully set forth
herein.
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2. Vietnam Era Veterans' Readjustment Assistance Acts of 1972 and 1974,
as amended. Pub. L. 92-540, Title V, Sec. 503 (a), Publ. L. 93-508,
Title IV, Sec. 402 [38 USCA 2011-2013].
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3. Rehabilitation Act of 1973, as amended (Handicapped) Pub. L.
93-112 as amended. [29 USCA 701-794].
I
4. California Fair Employment Practice Act. Labor Code Secs. 1410
et seq.
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5. Civil Rights Act of 1964, as amended (42 USCA 2000a to 2000H-6) and
Executive Order No. 11246, September 24, 1965, as amended.
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6. The Contractor will include the provisions of Equal Employment
Opportunity (EEO) - Executive Order (EO) 11246 as amended by
EO 11375 in every subcontract or purchase order unless exempted by
rules, regulations or orders of the Secretary of Labor issued pursuant
to Section 204 of Executive Order 11246 of September 24, 1985, as
amended so that such provisions will be binding upon each subcontractor
or vendor. The Contractor will take such action with respect to any
subcontract or purchase order as the contracting agency may direct as
a means of enforcing such provisions, including sanctions for
n~ncompliance: Provided, however, that in the event the Contractor
becomes involved in, or is threatened with, litigation with a
subcontractor or vender as a result of such direction by the contracting
agency, the Contractor may request the United States to enter into such
litigation to protect the interests of the United States.
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The applicant further agrees that it will be bound by the above equal
opportunity clause with respect to its own employment practices when
it participates in federally assisted construction work: Provided, that
if the applicant so participating is a State or local government, the
above equal opportunity clause is not applicable to any agency,
instrumentality or subdivision of such government which does not
participate in work on or under the contract.
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94 99
EQUAL OPPORTUNITY REQUIREMENTS
Page 2 of 2
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6.
(Cont'd)
I
The applicant agrees that it will assist and cooperate actively with
the administering agency and the Secretary of Labor in obtaining the
compliance of contractors and subcontractors with the equal
opportunity clause and the rules, regulations, and relevant orders of
the Secretary of Labor, that it will furnish the administering agency
and the Secretary of Labor in obtaining the compliance of contractors
and subcontractors with the equal opportunity clause and the rules,
regulations, and relevant orders of the Secretary of Labor, that it
will furnish the administering agency and the Secretary of labor such
information as they may require for the supervision of such compliance,
and that it will otherwise assist the administering agency in the
discharge of the agency's primary responsibility for securing
compliance.
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The applicant further agrees that it will refrain from entering into
any contract or contract modification subject to Executive Order 11246
of September 24, 1965, as amended with a contractor debarred from, or
who has not demonstrated eligibility for Government contracts and
federally assisted construction contracts pursuant to the Executive
Order and will carry out such sanctions and penalties for violation of
the equal opportunity clause as may be imposed upon contractors and
subcontractors by the administering agency or the Secretary of Labor
pursuant to Part II, Subpart D of the Executive Order. In addition,
the applicant agrees that if it fails or refuses to comply with these
undertakings, the administering agency may take any or all of the
following actions: Cancel, terminate, or suspend in whole or in part
this grant (contract, loan, insurance, guarantee), refrain from
extending any further assistance to the applicant under the program
with respect to which the failure or refund occurred until satisfactory
assurances of future compliance has been received from such applicant,
and refer the case to the Department of Justice for appropriate legal
proceedings.
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In addition to the above, Contractor will furnish all information and
reports required by Executive Order No. 11246 of September 24, 1965,
as amended to the implementing entity's Contract Compliance Office.
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94
99
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AFFIRMATIVE ACTION FOR DISABLED VETERANS
AND VETERANS OF THE VIETNAM ERA
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This clause is inserted pursuant to Executive Order 11701 of January 24,
1973 and the Vietnam Era Veterans Readjustment Assistance Acts of 1972
and 1974 (P.L. 92-540, 93-508), and is applicable pursuant to 41 CFR
Sec. 60-250.
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(I) The Contractor will not discriminate against any employee or applicant
for employment because he or she is a disabled veteran or veteran of
the Vietnam Era in regard to any position for which the employee or
applicant for employment is qualified. The Contractor agrees to
take affirmative action to employ, advance in employment and
otherwise treat qualified disabled veterans and veterans of the
Vietnam Era without discrimination based upon their disability or
veterans status in all employment practices such as the following:
employment, upgrading, demotion or transfer, recruitment, advertising,
layoff or termination, rates of payor other forms of compensation,
and selection for training, including apprenticeship.
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(2) The Contractor agrees that all suitable employment openings of the
Contractor which exist at the time of the execution of this contract
and those which occur during the performance of this contract,
including those not generated by this contract and including those
occurring at an establishment of the Contractor other than the one
wherein the contract is being performed but excluding those of
independent operated corporate affiliates, shall be listed at an
appropriate local office of the State employment service system
wherein the opening occurs. The Contractor further agrees to
provide such reports to such local office regarding employment
openings and hires a~ may be required.
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(3) Listing of employment openings with the employment service system
pursuant to this clause shall be made at least concurrently with the
use of any other recruitment source or effort and shall involve the
normal obligations which attach to the placing of a bona fide job
order, including the acceptance of referrals of veterans and
nonveterans. The listing of employment openings does not require
the hiring of any particular job applicant or from any particular
group of job applicants, and nothing herein is intended to relieve
the Contractor from any requirements in Executive Orders or
regulations regarding nondiscrimination in employment.
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(4) The reports required by paragraph (2) of this clause shall include,
but not be limited to, periodic reports which shall be filed at
least quarterly with the appropriate local office or, where the
Contractor has more than one hiring location in a State, with the
central office of that State employment service. Such reports
shall indicate for each hiring location, :a) the number of individuals
hired during the reporting period, (b) the number of nondisabled
veterans of the Vietnam Era hired, (c) the number of disabled veterans
of the Vietnam Era hired, and (d) the total number of disabled
veterans hired. The reports shall include covered veterans hired for
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94 99
AFFIRMATIVE ACTION FOR DISABLED VETERANS
Page 2 of 3
(4) (Cont'd)
on-the-job training under 38 USC Sec. 1787. The Contractor shall
submit a report within thirty (30) days after the end of each
reporting period wherein any performance is made on this contract
identifying data for each hiring location. The Contractor shall
maintain at each hiring location, copies of the reports submitted
until the expiration of one year after final payment under the
contract, during which time these reports and related documentation
shall be made available, upon request, for examination by any
authorized representatives of the contracting officer or of the
Secretary of Labor. Documentation would include personnel records
respecting job openings, recruitment and placement.
(5) Whenever the Contractor becomes contractually bound to the listing
provisions of this clause, it shall advise the employment service
system in each State where it has establishments of the name and
location of each hiring location in the State. As long as the
Contractor is contractually bound to these provisions and has so
advised the State system, there is no need to advise the State
system of subsequent contracts. The Contractor may advise the State
system when it is no longer bound by this contract clause.
(6) This clause does not apply to the listing of employment openings
which occur and are filled outside of the 50 States, the District
of Columbia, Puerto Rico, Guam and the Virgin Islands.
(7) The provisions of paragraphs (2), (3), (4) and (5) of this clause
do not apply to openings which the Contractor proposes to fill fro~
within his own organization or to fill pursuant to a customary and
traditional employer - union hiring arrangement. This exclusion
does not apply to a particular opening once an employer decides to
consider applicants outside of his own organization or employer -
union arrangement for that opening.
(8) As used in this clause:
(a) "All suitable employment openings" includes, but is not limited
to, openings which occur in the following job categories:
production and nonproduction; plant and office; laborers and
mechanics; supervisory and nonsupervisory; technical; and
executive, administrative and professional openings as are
compensated on a salary basis of less than $25,000 per year.
This term includes full-time employment, temporary employment
of more than three (3) days duration, and part-time employment.
It does not include openings which the Contractor proposes to
fill from within his own organization or to fill pursuant to a
customary and traditional employer - union hiring arrangement
nor openings in an educational institution which are restricted
to students of that institution. Under the most compelling
circumstances an employment opening may not be suitable for
listing, including such situations where the needs of Government
cannot reasonably be otherwise supplied, where listing would be
contrary to national security, or where the requirement of listing
would otherwise not be for the best interest of the Government.
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AFFIRMATIVE ACTION FOR DISABLED VETERANS
Page 3 of 3
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( 8 ) ( Con t ' d )
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(b) "Appropriate office of the State employment service system"
means the local office of the Federal - State national system
of public employment offices with assigned responsibility for
serving the area where the employment opening is to be filled,
including the District of Columbia, Guam, Puerto Rico and the
Virgin Islands.
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(c) "Openings which the Contractor proposes to fill from within his
own organization" means employment openings for which no
consideration will be given to persons outside the Contractor's
organization (including any affiliates, subsidiaries and the
parent companies) and includes any openings which the Contractor
proposes to fill from regularly established "recall" lists.
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(d) "Openings which the Contractor proposes to fill pursuant to a
customary and traditional employer - union hiring arrangement"
means employment openings which the Contractor proposes to fill
from union halls, which is part of the customary and traditional
hiring relationship which exists between the Contractor and
representatives of his employees.
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(9) The Contractor agrees to comply with the rules, regulations and
relevant orders of the Secretary of Labor issued pursuant to the Act.
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(10) In the event of the Contractor's noncompliance with the requirements
of this clause, actions for noncompliance may be taken in accordance
with the rules, regulations and relevant orders of the Secretary of
Labor issued pursuant to the Act.
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(11) The Contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices in a form to be
prescribed by the Director, provided by or through the contracting
officer. Such notices shall state the Contractor's obligation under
the law to take affirmative action to employ and advance in
employment qualified disabled veterans and veterans of the Vietnam
Era for employment, and the rights of applicants and employees.
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(12) The Contractor will notify each labor union or representative of
workers with which it has a collective bargaining agreement or other
contract understanding, that the Contractor is bound by the terms of
the Vietnam Era Veterans' Readjustment Assistance Act, and is committed
to take affirmative action to employ and advance in employment qualified
disabled veterans and veterans of the Vietnam Era.
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(13) The Contractor will include the provisions of this clause in every
subcontract or purchase order of $10,000 or more unless exempted by
rules, regulations or orders of the Secretary issued pursuant to the
Act, so that such provisions will be binding upon each subcontractor or
vendor. The Contractor viII take such action vith respect to any
subcontract or purchase order as the Director of the Office of Federal
Contract Compliance Programs may direct to enforce such provisions,
including action for noncompliance.
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AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS
This clause is inserted pursuant to the Rehabilitation Act of 1973
(P.L, 93-112) and 41 CFR Sec. 60-741-4.
(1) The Contractor will not discriminate against any employee or
applicant for employment because of physical or mental handicap
in regard to any position for which the employee or applicant
for employment is qualified. The Contractor agrees to take
affirmative action to employ, advance in employment and
otherwise treat qualified handicapped individuals without
discrimination based upon their physical or mental handicap in
all employment practices such as the following: employment,
upgrading, demotion or transfer, recruitment, advertising, layoff
or termination, rates of payor other forms of compensation, and
selection for training, including apprenticeship.
(2) The Contractor agrees to comply with the rules, regulations and
relevant orders of the Secretary of Labor issued pursuant to the
Act.
(3) In the event of the Contractor's noncompliance with the require-
ments of this clause, actions for noncompliance may be taken in
accordance with the rules, regulations and relevant orders of the
Secretary of Labor issued pursuant to the Act.
(4) The Contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices in a form to be
prescribed by the Director, provided by or through the contracting
officer. Such notices shall state the Contractor's obligation under
the law to take affirmative action to employ and advance in employment
qualified handicapped employees and applicants for employment, and the
rights of applicants and employees.
(5) The Contractor will notify each labor union or representative of
workers with which it has a collective bargaining agreement or other
contract understanding, that the Contractor is bound by the terms of
Section 503 of the Rehabilitation Act of 1973, and is committed to
take affirmative action to employ and advance in employment physically
and mentally handicapped individuals.
(6) The Contractor will include the provisions of this clause in every
subcontract or purchase order of $2,500.00 or more unless exempted
by rules, regulations or orders of the Secretary issued pursuant to
Section 503 of the Act, so that such provisions will be binding upon
each Subcontractor or vendor. The Contractor will take such action
with respect to any subcontract or purchase order as the Director of
the Office of Federal Contract Compliance Programs may direct to
enforce such provisions, including action for noncompliance.
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IV
BON DIN G AND INS U RAN C ERE QUI REM E N T S
(Contained in Section 1 - "Documents")
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v
SUP P L E " E N TAL G ENE R ALe 0 N D I T ION S
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INDEX TO SUPPLEMENTAL GENERAL CONDITIONS
SUBJECT
SUPPLEMENTS
ENUMERATIONS OF PLANS. SPECIFICATIONS AND ADDENDA
STATED ALLOWANCES
SPECIAL HAZARDS
PUBLIC LIABILITY. VEHICLE LIABILITY. AND PROPERTY
DAMAGE INSURANCE
BUILDERS RISK INSURANCE
SCHEDULE OF PERMIT FEES
ENERGY POLICY AND CONSERVATION ACT
COPIES OF DOCUMENTS FURNISHED THE CONTRACTOR
DISPOSAL OF EXCESS EXCAVATED OR REMOVED MATERIAL
ACCESS TO CONTRACTOR'S RECORDS
ARTICLE
1
2
3
4
5
6
7
B
9
10
11
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SUPPLEMENTAL GENERAL CONDITIONS
ARTICLE 1:
SUPPLEMENTS
The following supplements modify, change, delete from or add to
the "General Conditions". Where any article of the General
Conditions is modified or any paragraph, subparagraph, or clause
thereof is modified or deleted by these supplements, the
unaltered provision of that article paragraph, subparagraph, or
clause shall remain in effect.
ARTICLE 2:
ENUMERATION OF PLANS, SPECIFICATIONS AND ADDENDA
Following are the Plans, Specifications, and Addenda which form a
part of this contract, as set forth in Paragraph 1 of the General
Conditions, "Contract and Contract Documents":
A. Plans
Project No.
No. of Sheets
Title
8854
5
STORM DRAIN IMPROVEMENT
IN
RICHARDSON STREET
FROM
DAVIDSON STREET TO
MISSION-ZANJA CHANNEL
B. Specifications
Title
Bidding Requirements
and Contract Forms
General Condi ti ons
Supplemental General Conditions
Detail Drawings and Sections
C. Addenda
No. 1
Date:
No. 2
Date:
No. 3
Date:
No. 4
Date:
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ARTICLE 3:
STATED ALLOWANCES
NONE
SPECIAL HAZARDS
UNKNOWN
CONTRACTOR'S AND
LIABILITY, VEHICLE
DAMAGE INSURANCE
SUBCONTRACTOR'S PUBLIC
LIABILITY, AND PROPERTY
ARTICLE 4:
ARTICLE 5:
A. The Contractor's attention is directed to Section
]-3, "Liability Insurance", of the Standard
Specifications, providing that the Contractor shall
furnish the City with a policy or certificate of
1 i abil i ty insurance as prescri bed therei n, pri or to
execution of the contract.
Following is
insurance:
the
required minimum
limits
of
Bodily Injury..............$2500,000 each person
$500,000 each occurrence
$500,000 aggregate pro-
ducts and compl eted
operations
Property Damage............ $100,000 each occurrence
$250,000 aggregate
A combined single-limit policy with aggregate limits
in the' amount of $1.000,000.00 will be considered
equivalent to the required minimum limits.
The Contractor shall either (1) require each of his
subcontractors to procure and to maintain during the
life of his subcontractor, Subcontractor's Public
Li abil ity and Property Damage of the type and in the
same amounts as specified in the preceding paragraph,
or (2) insure the activities of his subcontractor in
his own policy.
B. WORKMEN'S COMPENSATION INSURANCE -- The Contractor's
attention is directed to Section ]-4, "Workmen's
Compensation Insurance", of the Standard
Specifications, providing that the Contractor shall
file a signed certification Certificate of Worker's
Compensation Insurance before execution of the
contract.
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ARTICLE 6:
COVERAGE)
BUILDER'S RISK INSURANCE (FIRE AND EXTENDED
NONE.
ARTICLE 7: SCHEDULE OF PERMIT FEES
The General Contractor shall procure and pay for the Building
Pl an Check and Bui 1 di ng Permi t. The Contractor shall i ncl ude
an allowance of -0- in hi s bi d to cover the Pl an Check
and Building Permit Fee, which includes the permits for
el ectri cal , pl umbi ng. and heati ng and ai r condi ti oni ng.
Following is a breakdown of the Permit Fees.
Street Cut Fees ( Sewer, electric, gas)...............$
Pl an Check............................................ $
Building Permit.......................................$
Electric/Plumbing/H.V. & A.C..........................$ NONE
Storm Dra in. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
Sewer Capaci ty. . . . . . . . . .. ... . . . . ........ . . . . . .... ..... $
Sewer Connecti on....... ............................... $
S tr 0 n g Mo t ion. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
The Contractor shall obtain a City Business Registration prior
to execution of the Contract. The Contractor shall also obtain
a S.B.C.F.D. Encroachment permit prior to construction, and the
cost of the permit shall be included in his bid.
ARTICLE 8: ENERGY POLICY AND CONSERVATION ACT
This Contract recognizes the mandatory standards and policies
relating to energy efficiency which are contained in the State
Energy Conservation Plan issued in compliance with the Energy
Policy and Conservation Act (P.L. 94-163) as set forth in
Division 15 of the Public Resources Code of the State of
Cal iforni a.
ARTICLE 9: COPIES OF DOCUMENTS FURNISHED THE CONTRACTOR
The Owner will furnish to the Contractor as a free issue in
addi ti on to the si gned contract set and as-bui 1 t set,
sufficient sets of the drawings and Specifications forming a
part of the Contract Documents, and three (3) copi es of such
supplementary detail drawings as may be subsequently issued.
ARTICLE 10
DISPOSAL OF EXCESS EXCAVATED OR REMOVED MATERIALS
Unless otherwise specified, all excess excavated or removed
material shall become the property of the Contractor and shall
be disposed of by him away from the site of the work. Any
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94 99
costs involved in such disposal shall be absorbed by the
contract 1 ump sum payment and no addi ti onal compensati on wi 11
be allowed therefor.
Any salvage value of removed improvements of whatever nature
shall be considered by the Contractor in preparing his bid,
unless otherwise specified.
ARTICLE 11
ACCESS TO CONTRACTOR'S RECORDS
The contractor shall retain all records, books, papers, and
documents directly pertinent to the specific contract for a
period of not less than 3 years and allow access to said
records by the grantee, subgrantee, the Comptroll er General of
the Untied States, or any duly authorized representatives.
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VI
U.S. 0 E PAR T MEN T 0 F H 0 U SIN G AND
U R BAN 0 EVE LOP MEN T --
S TAN 0 A R 0 S 0 F CON 0 U C T
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0.5. Depart8eDt of BousiDg aDd Urban Develo~ent
Office of Inspector General
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f) fl
5 tAR D A IDS
OF
COR D U C T
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C D B G
I I C I P I I N T 5
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I R T I 0 DOC T lOR
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Elected officials, employees of Community Development Block Grant
recipients and contractors are those responsible for administering the
entitlement program and are also responsible for the programs integrity.
Following sound business practices, prescribed standards of conduct and
HUD requirements will not only protect HOD grant funds but also those
who administer the program.
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POI P 051
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This notice provides information on specific activities that you must
avoid and identifies key HUD requirements that must be met. The prohibited
activities listed here reflect problem areas that have gotten block grant
recipients into trouble in the past. The purpose of this flyer is to
prevent fraud and program abuse by alerting key officials to these problems
ahead of time.
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A D T B 0 R I T I I 5
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The pertinent laws and regulations that apply to the CDBG Entitlement
program that you should have copies of are:
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* Housing and Community Development Act of 1974 as amended in 1983.
* Community Development Block Grant Regulations (24CFR Part 570).
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If you do not have copies of these requirements Or need further
information, contact your local HOD office.
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P lOG I A M R I QUI I I M I R T S
ACT I V I T I ! S
AND
PRO BIB I T I D
1. Conflict of Interest
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CDBG Regutations (24CFR, Part 570.611) prohibit conflicts of interest.
For any CDBG activities under your control or influence you May Not:
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B. Obtain personal or financial interest or benefits including money,
favors, gratuities, entertainment or anything of value that might be
interpreted as conflict of interest.
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b. Obtain a direct or indirect interest in any contract, subcontract or
agreement for any CDBG activity. This prohibition extends to contracts
in which your spouse, minor child, dependent or business associate may
have personal or financial interest. This prohibition extends for a
period of one year after you leave your position with a CDBG activity or
program.
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STANDARDS OF CONDUCT
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c. HUD may grant an exception to this conflict of interest provision if
it determines that such an exception will enhance the effectiveness
of the CDBG project. Requests for such exceptions must be made in
writing to the local HUD office.
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2. Procureaent and Contracting
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OMB Circular A-I02, Uniform Requirements for Assistance to State and
Local Governments, Attachment 0, applies to the CDBG program. It provides
that you May Not engage in any of the following practices in your
procurement and contract administration:
a. Circumvent competitive bidding requirements by:
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* failing to advertise for sealed bids or soliciting proposals and
engaging in noncompetitive negotiation;
* failing to use established evaluation criteria in negotiations;
* splitting bids by breaking down contracts into small parts so that
purchase order procedures can be used except to meet Minority/Women
Business Enterprise goals;
* favoring or providing a competitive advantage to anyone firm or
individual ;
* identifying the names of those invited to bid; and
* preparing fictitious bids to simulate competition.
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b. Fail to adhere to contract award requirements by:
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* allowing excessive price charges;
* awarding contracts to other than the low bidder without adequate
justification; and
* accepting a bid that does not contain a price for all items or
services included in the Invitation to Bid form.
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c. Fail to verify contractual and programmatic compliance by contractors
by:
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* authorizing payment for work not completed;
* falsifying inspection reports;
*.altering contractor invoices; and
* misusing modification or change orders.
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CDBG regulations state that you Must Not:
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Use firms and individuals on HUD's Consolidated List of Debarred,
Suspended and ineligible Contractors and Grantees.
3. Pinancial Management and Ilecording Systeas
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You Must comply with the following requirements of OKS Circular A-I02,
Attachments C, G, and CDBG regulations.
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You Must:
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a. Establish internal controls to safeguard cash, inventory and
equipment.
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STANDARDS OF CONDUCT
Page 3 of 3
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b. Establish a special ledger account for all CDBG monies.
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c. Maintain financial records including:
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* a register of cash receipts and disbursements;
* a record of all noncash transactions;
* general ledger to show the status of each CDBG account;
* a fixed account ledger, and
* a record of lump-sum drawdowns, Treasury checks received and
balances of Federal funds.
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d. Ensure that you maintain financial records. Financial records and files
must be maintained for three years.
e. Use income generated from grant activities for other eligible activities.
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f. Use rrogram income before drawing additional grant funds to pay for
allowable program expenses.
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You Must Not draw down more funds than are needed for your CDBG activities
and those of subgrantees.
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4. Cost Allavability
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You Must comply with OMB Circular A-87, Cost Principles for State and Local
Governments. You May Not spend CDBG funds on ineligible activities
including:
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a. Expenses required to carry out the regular responsibilities of the
general local government.
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b. Partisan political activities (e.g., contributions toward political
campaigns, voter registration or candidate forums).
CDBG regulations state that you Must Not:
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Use CDBG funds to assist buildings used for the general conduct of
government (e.g., city halls, county administration buildings, etc.).
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5. Progr.. Monitoring
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OMB Circular A-102, AttAchment I, states that you Must constantly monitor
the performance of grant-supported activities to assure that time
schedules are being met, projected work units by time periods are being
accomplished, and other performance goals are being achieved.
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HUD suggests that you:
a. Keep records of your on-site visits to subgrantees and contractors.
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b. Place special emphasis on your monitoring of the highest risk
subrecipients and contractors.
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If you have a question about a specific situation
or your responsibility, contact your local HUD Office.
November I, 1985