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HomeMy WebLinkAbout1994-341 ,. . .... 1 94-341 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO ELECTRO CONSTRUCTION CORPORATION FOR UPGRADING SPORTS 3 AND SECURITY LIGHTING FOR ENCANTO PARK. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 5 6 7 8 9 10 11 SECTION 1. Electro Construction Corporation is the lowest responsible bidder for: Upgrading Sports and Security Lighting for Encanto Park, per Plan No. 9157. A contract is awarded accordingly to said bidder for the total amount of $199,221.00, but such award shall be effective only upon the contract being fully executed by both parties. All other bids, therefore, are 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 incorporated herein by reference as fully as though set forth at length. SECTION 2. This contract and any amendment or modifica- tions thereto shall not take effect or become operative until fully signed and executed by the parties and no party shall be obligated hereunder until the time of such full execution. No oral agreements, amendments, modifications or waivers are intended or authorized and shall not be implied from any act or course of conduct of any party. SECTION 3. This resolution is rescinded if the parties to the contract fail to execute it within sixty (60) days of the passage of this resolution. / / / / / / / / 10-27-94 10 RESO: AWARDING CONTRACT TO ELECTRO CONSTRUCTION CORPORATION FOR UFGRADING SPORTS AND SECURITY LIGHTING ~OR ENCANTO PARK, 94-341 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 47th day of November regular meeting thereof, held on the 5 Council Members: 6 NEGRETE 7 CURLIN 8 HERNANDEZ 9 OBERHELMAN 10 DEVLIN 11 POPE-LUDLAM x 12 MILLER 13 14 15 16 day of 17 18 19 x Q u..c--/,-,.{ . C -L <<. -rk_ Rac~l Clark, City Clerk The foregoing resolution is hereby approved this 10th November , 1994. ~~~ Tom Minor, Mayor Ci ty of San Bernardino 20 21 Approved as to form and legal content: James F. Penman City Attorney 23 : ::/#ItMft!Jf2Jd ' 25 26 27 28 - 2 - ep! 3L// .- - 'j ~ ///7/9~ A "'. CITY OF SAN BERNARDINO STATE OF CALIFORNIA CONTRACT DOCUMENTS SPECIAL PROVISIONS NO. 9157 UP-GRADE SPORTS LIGHTING AND SECURITY LIGHTING FOR ENCANTO PARK , DIVISION OF ENGINEERING DEPARTMENT OF PUBLIC WORKS CITY OF SAN BERNARDINO AUGUST, 1994 L ~ _J ~I(;I N ttL FILE NO. 7.37-91 W.O. NO. 1469 BIDS WILL BE RECEIVED UP TO THE HOUR OF 2:00 P.M. ON . ,OCTOBER"28 1994 -_.--,.,...~ ~'-I', ~ ::. . -:\ exH/BIT'Afl I I I I I I I I I I I I I I I I I I I FILE NO. 7.37-91 94 341 ADDENDUM NO. THREE FOR UP-GRADE SPORT LIGHTING ANDSECURITY LIGHTING FOR ENCANTO PARK PLAN NO. 9157 The Special Provisions for this project are hereby amended as follows: 1. Delete Footing Details Attachment Addendum No. Two. 2. Add Pole Foundation Schedule and Foundation Detail Attachment. 3. Item No.5, of Addendum No. One, change HUBBEL LIGHTING DIVISION, Catalog No. MIC-0150S-651 to No. MIC-OI50S-258, or approved equal. 4. The 1 ast sentence of Addendum No. Two is amended to read as follows: All bidders shall indicate receipt of Addendum No. Two in their bid. All bidders shall indicate receipt of Addendum No. Three in their bid. By r2 ~~ D ector of Public Works/City Engineer Date: I cI - ( ., - 'f~ , I I I I I I I I I I I I I I I I I I I 94 ?~1 . LIdIlr nwuaau mil. ?OU BY IIlICO LIlIlnllf/. !IlC. {!II POLl mamrtCATIOIH ... ea ~~ 'i! Ii ~~ ~... lH POLE FOUNDAT1:0N SC~~ULE I I I :I. /4, ~. ., : ~ 7.,. i I . lore.... ! I , I I. /.:0 " , i U lei" I I I I h I I+~. " . I - I ;4/1 J~_" : I -,.. , ~~I I.JI.' I C:,! , J,~". I 111 I U.,.'" I c.! ~r7.tI ; 8], (;1 .A3 41 I t:... Lr.... ALl Lrt.1t FORCES (~> CAJ:SSON - - ... '!I% ~ , .. /6-. I I"'.. .- ~t:. ~. 12'-. " I. 1&.:'. " , 3. /~~. " _'I) m---r 1lI!!GI. i? I I IllS , iIKJI I Y) tI2S ,. .Ia,'-.. ~ .. 'a~ . . . I lS PIlIClST PIEll lASE IT IIISClI LlIHTINlI. IIC. CAISSON OI1~TtA (SEE PlILE FOUNOAltOH SCHEOUl.E) . I LUHOISTIJA8€Il IN-snu 5017 01 ~ACJm I'JLL. EXCAVATION OI'~TEA UU PlllE FllIJI/OAlION SClEIllA.E I FOUNDATION DETAIL ATTACHMENT ADDENDUM NO. THREE PLAN NO. 9157 I I I I I I I I I I I I I I I I I I I 94341 FILE NO. 7.37-91 W.O. NO. 1469 ADDENDUM NO. TWO FOR UP-GRADE SPORTS LIGHTING AND SECURITY LIGHTING FOR ENCANTO PARK PLAN NO. 9157 The Special Provisions for this project are hereby amended as follows: 1. Page SP-16, Section 9-1.01, H. LIGHTING CONTACTQRS The first paragraph is amended to read as follows: The contactor shall switch A load at 250 volts, 60 hertz, and shall have 2 N.O. poles. 2. Page SP-19, Section 9-1.01, J. IDENTIFICATION OF CIRCUITS AND EQUIPMENT See attached "One Line Diagram" and Items in switchboard and enclosed control panel. 3. Revised Conductor Schedule: See attached Drawing No. 9157, Revision No.1. 4. Revised Pole Schedule: See attached Drawing No. 9157, Revision No.2. All bidders shall indicate receipt of Addendum No. One in their bid. /l; 8\~" . By: Engineer Date: I" - ICf- 7'1 I I I I I I I I I I I I I I I I I I I 94 341 SWITCHBOARDS ~ Description 1 Pow-R-Line C Group Mounted Switchboard Service: 208Y/120'Volts, 3 Phase/4 Wire Enclosure: Indoor Main Bus: 800 Amp Aluminum Bus Short Circuit Rating: 65kA Wiring Access: Front Access Service Entrance Labeling: Y Power Company Metering: EUSERC Metering Metering Compartment Devices: 2-Utility Meter Socket 1 - Utility Lockoff Main Device: 1-800/3P ND Branch Devices: 5 - 30/2P EHD 3 - 40/2P EHD 4 - 60/2P EHD 4 - 70/2P EHD 2 - 100/2P EHD Vertical Sections: 1-800A UGPS 2 - 800A Structure DESIGNATIONS: MSA ENCLOSED CONTROLS ~ Description 4 Westinghouse AC Lighting Contractor, Mechanically Held, Type 1 Enclosure, Nema Size 2, 2 Pole, 110/120 VAC Coil Volts, I-Wired for Separate Control, Catalog #A202S3BAM or Approved Equal 6 Westinghouse AC Lighting Contactor, Mechanically Held, Type 1 Enclosure, Nema Size 2, 2 Pole, 110/120 VAC Coil Volts, I-Wired for Separate Control, Catalog #A202S2BAM or Approved Equal 5 Westinghouse AC Lighting Contactor, mechanically Held, Type 1 Enclosure, Nema Size 1, 2 Pole, 110/120 VAC Coil Volts, I-Wired for Separate Control, Catalog #A20261BAM or Approved Equal ATTACHMENT ADDENDUM NO. TWO PLAN NO. 9157 , ~ 120/20BV 311l4W BOOA MAIN I I I)f) I I I I I I I I I I I I I I I I 94 341 2C\l\SP 3Ql\2P "1f1A 2P D\2P D\2P D\ 2P 4Gl\2P 4Gl\2P , 6C\l\2P 50A 2P 6C\l\ 2P 6C\l\ 2P 70A 2P 70A 2P 70A 2P 70A 2P 10CV\ 2P IOCV\ 2P 4Gl\2P PHJTO eEl SINGLE-LINE ELECTRICAL DIAGRAM c TM QOCK CONTROL VOLTAGE COMMON j TO POL E A-I CONTACTOR SIZE I I :- ~ TO POLE A-2 CONTACTOR (EAST) SIZE I, ii-- TO POLE A-2 CONTACTOR (WEST) SIZE I r.--- IiI- TO POL E A-3 CONTACTOR SIZE I r--- I If-- c TO NIGHT LIGHT CONTACTOR SIZE 1 r-- IiI- TO POL E C3 CONTACTOR (NORTH) SIZE 2 I rr=- TO POL E C4 CONTACTOR SIZE 21lT TO POLE C3 CONTACTOR (SOUTH) SIZE 2 r:-- Ill- TO POL E B3 CONTACTOR SIZE 2, ~ TO POLE Cl CONTACTOR SIZE 2, IT c TO POLE 01 CONTACTOR SIZE 21 i I - TO POL E Bl CONTACTOR SIZE 3 r-- Ilf-- TO POLE B2 CONTACTOR (EAST) SIZE 3, ,,- :1- TO POL E CONTAC:OR (WEST) SIZE 3 r.--- B2 IiI- POLE C2 SIZE 3 r-- TO CONTACTOR I: f-- TO EXISTING SUBPANEL IN ELECTRICAL ROOM TO EXISTING SUBPANEL IN SNACK BAR ,-- TO POLE IN FOOTBALL FIELD (SOUTHWEST CORNER)~ 11- WESTINGHOUSE PART NUMBERS CONTACTORS OR APPROVED EQUAL SIZE 1 A 202S1BA SIZE 2 A 202S2BA SIZE 3 A 202S3BA KEY SWITCHES (EAST) & (WEST) LOCATED IN THE EXISfIt-lJ BUILDIt-lJ NEXT TO EAST FJaD IDE PLATE. KEY SWITCH (FOJIBllLL) LOCATED ()'j Pa.E C3 AT +<<I"; t'm1H SICf (F Pa.E. pl-mo CElL ()'j RUf (F ELECTRIcal Rm1. ATTACHMENT ADDENDUM NO. TWO PLAN NO. 9157 c I I I I I I I I I I I I I I I I I I I I 94 341 0 800A METER MAIN BREAKER z 0 - f- u w Vl >- PULL BREAKER a: ct SECTI ON DISTRIBUTION - -' SECTION - x => ct I I II II II IJ I_I 0( EXISTING S.C.E. SERVICE DETAIL N,T. S. {EXISTING FLOOR AT THE ____ELECTRICAL ROOM ATTACHMENT ADDENDUM NO. TWO PLAN NO. 9157 I I I I I I I I I I I I I I I I I I I !Hl 'B'!l'1 FIN. ~,eAl>C ~OUT ?OoRG]) AFT~ .PocL -;;cr. _// &''' /. '-'" =!/f";"~~".': :.l "..:."j: h. ~ ~ ~ \J ~ ~ "- ~ ~ , ,\l ~, lie ~/, .. .;;~.~' sa :;~ ,// 17~ =/If' ,"/ ~ - ~ .P~L.C 7JlI?LE rO,e A. 8. 'S/i!e , , ." 3"NIN, #3 tI6S@/Z"'ac..(rr'p) I. :sn ~I "'F'" Ct7A1t:Rere: F.:?R ~~ :;;,tI.4l.l. 8e CLAss S~o-c- 3ZSC FtJOT/Nt; .oGTAIL5 N. -r. s. AJ 5/)8z A I) f ~ 3, D1 C ')2,3}4 FtJVNOA TION DATA POL~ /f?L&:Hr. 'E' ',.' 't:1i' GO Fr. 8Q rr. 70 r-r. 9~'1 36" 02)"'8 IO=() 42" (12)--8 IO!() 42" (/2)-8 ATTACHMENT ADDENDUM NO. TWO PLAN NO. 9157 I '. . 'I I I I I I I I I I I I I I I I 94 341 FILE NO. 7.37-91 W.O. NO. 1469 ADDENDUM NO. ONE FOR UP-GRADE SPORT LIGHTING AND SECURITY LIGHTING FOR ENCANTO PARK PLAN NO. 9157 The Special Provisions for this project are hereby amended as follows: 1. Page AB-2', last paragraph is amended to read as fo 11 ow: A mandatory Pre-Bid Field Review will be held for all prospective bidders on Tuesday , September 20, 1994 , or Tuesday , October 11, 1994 , at 10:00 a.m. The review wi 11 commence at the concession bui lding on 10th Street, Encanto Park. All bidders are required to attend. 2. Page SP-17, Section 9-1.01, H. LIGHTING CONTACTORS, add the following: 10. Furnish and install lighting football field at the control concession building. contactor panel in for the 3. Page SP-17, Section 9-1.01, 1. TIME CLOCKS, first paragraph is amended to read as follows: Furnish three (3) Time Clocks for ball field lighting at existing concession building and shall be as manufactured by Rainbird National Sales Corporation, Glendora, CA. Telephone (BIB) 963-9311, Model No. E2-734D, 4 Channel, Programmable, Solid State or approved equal. I I I I I I I I I I I I I I I I I I I 94 341 ADDENDUM LIGHTING FILE NO. W.O. NO, NO, ONE FOR UP-GRADE SPORT LIGHTING FOR ENCANTO PARK -- PLAN NO. 9157 7.37-91 1469 AND SECURITY 4. Page SP-18, CIRCUITS AND as follows: Section 9-1.01, J. IDENTIFICATION OF EQU IPMENT, add a new paragraph to read 3. Key Switches (Type KF-llIK1) Furnish and install one (1) key switch on new pole No. C3, for football field. Furnish and install two (2) key switches at existing bui lding for the West field and the East field. 5. Security light list on Drawing No. 9157 shall be as manufactured by HUBBELL LIGHTING DIVISION, Catalog No. MIC-0150S-651, (Attached), or equal. 6. Page SP-16, Section 9-1.01, F. GROUNDING -- Delete all of paragraph No.8 (Ground Yard Box). 7. Add to Drawing No. 9157, SERVICE pre-cast concrete pad - 72"X94" for new (Furnished by S.C.E.), and install 2-4"-C from S.C.E. pole to transformer pad and concession building, Construct transformer w/pull rope to existing All bidders shall indicate receipt of Addendum No. One in their bid. -4~: Director of Pub ic Works By: Date: ~~4-- -2- I rtJ4 M/cROLlTER@ I SERIES I . . _....911f.."----:-"1 (235 mm) 'I '1 ;0 l~'IM' I I , _71/u"_ (179mm) I r- Ig-1M" 35mm) L..:::: . . . . . . . . ----i 421/u" (118mm) I MIC-TB q 5-302 . -. . ~~~.B~,~~. Lighting Division A compact H.l.D. floodlight for energy efficient outdoor lighting and specifically the retroliting of PAR and R lamp fixtures and 500 watt Quartz floods. Utilizes the efficient H.l.D. source of high pressure sodium. The Microliter luminaICe provides an optical assembly with controlled NEMA beam spread. Ideal for floodlighting applications such as bUilding facade, sign lighting, display. as well as general safety and security lighting. Housing - Die cast for lightweight. durable construction. Housing has a bronze LEKTROCOTE~ finish Reflector - One-piece. aluminum. hydroformed. parabolic reflector has an exclusive ANODAL@ finish for maximum reflectivity and specularlty. Reflector system is designed with Type 5 hOrizontal and Type 3 vertical beam spread. The reflector assembly IS field adjustable and by rotating 90' Will provide a Type 3 hOrizontal ana Type 5 vertical to be used for column or sign lighting. Lens Assembly - Tempered. shock and Impact resistant glass lens assembly. High quality gasket provides positive seal to housing. Mounting - '12' knuckle mount with a bronze Lektrocote finish. i Ballast - Class "H". 120 vol~ normal power factor reactor. -40'F starting, 60 Hz. standard. High power faclor, 12012081240/277 volts available in certain HP5 wattages. Additional Features - Lumlnaire shipped With lamp Installed in socket far easy Installation. U.L. listed. sUitable for wet locations. Lamps are medium base "E" shape. NElIA Co.... _ ~~ VoItago NORMAL POWER FACTOR. HIGH PRESSURE SODIUM' __ III so 5190') x 61'02') Coated , 20 N.P.F. 7 3.2 .71 .1 ~)_J 111 70 5190') x 61'02') Coated '20 N.P.F. 7 3.2 .71 .1 IIIC-Ol_l 100 5 [7") x 3134') Clear 120 N.P.F. 8 3.6 .71 .1 -01 1 1SO 517") x 3134') Clear , 20 N.P.F. 9 4.' .71 .1 HIGH POWER FACTOR. HIGH PRESSURE SODIUM IIIC 1111_ SO 5 190') x 6 (102') CooI8d '2012n 9 4.1 .71 .1 ---- 70 5190') x 8 (102') CooI8d 1201277 9 4.1 .71 .1 --- '00 5 171') x 3 (34') CINr , 2012081240/277 10 4.8 .71 .1 - 'SO 5 17") x 3134') CINr 12012081240/277 11 5.0 .71 .1 r NOTE FOR ELECTRICAL DATA. SEE PAGES 212-218. ',35 WATT N.P.F. UNITS ARE AVAILABLE. CONSULr FACTORY. ~CCESSORIES , field installation with Microl~er I and IT Series. Order seplII'ately, .............. w.IgIlt .... ..... .a .3 .a .3 a II ~tIun ... Glore _ Crossarm trunnion box. Half yoke wtIh /atge wiring ta lcrmountinglll""yllal_ PoIycarbonIll - .-nt>Iy. Pole lop sliplllll< for Yo' .- knuc:IcIe. SllpIIII ~. 0,0. pipe .a .3 OPTION The following factory applied option is available with the Microliter I and IT Series. It mual be ordered with the fixture by adding the appropriate sufIlx. I Suftbl I D~ : II-u", -pc. Pl>ut.......oI (120'" only~ .... 10 . I I I I I I I I I I I I I I I I I I I 94 341 INDEX BID D()CUMENTS Advertisement for Bids AB-l to AB-3 Information for Bidders IB-l to IB-5 Bid for Unit Price Contract Conflict of Interest Clause CI-l Contract C-l to C-2 CP-l to CP-4 DL-l to DL-2 Construction Contract Provisions Document List SPECIAL PROVISI()NS Section 1 - Specifications and Plans - Proposed Requirements and Conditions SP-l SP-2 to SP-3 SP-4 SP-5 to SP-B SP-9 SP-IO SP-ll to SP-36 Section 2 Section 3 through Section 5 - Blank Section 6 - General Section 7 - Description of Work - Technical Specifications Section B Section 9 - Electrical 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 Housi ng and Urban Development STANDARDS OF CONDUCT I I I I I I I I I I I I I I I I I I I 94 341 Engineer's Estimate $ 188,860.00 ADVERTISEMENT FOR BIDS Project No. 9157 City of San Bernardino Owner Separate sealed bids for the UPGRADE SPORTS LIGHTING AND SECURITY LIGHTING FOR ENCANTO PARK 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., OCTOBER;>5 lqq4 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 information for Bidders, Form of Bid, Form of Contract, Plans, Specifications and Forms of Bid Bond, Performance and Payment Bond, and other contract documents may be examined 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 $15.00 per set. AB-1 I I I I I I I I I I I I I I I I I I I 94 341 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 provi ded for in Secti on 22300 and Secti on 10236 of the California Public Contract Code. Attention of bidders is particularly called to the requirements as to conditions of employment to be observed and minimum wage rates to be paid under the contract. The Contractor shall possess a Class "A" License or Appropriate 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 mandatory Pre-Bid Field Review will be held for all prospecti ve bi dders, on "Tuesday , . . September. 20, 1994. , and . Tuesday October 11, 1994 ,at 10:00 A.M. '. The review will commence at the concession Building on 10th Street, Encanto Park. All Bidders are required to attend. AB-2 I I I I I I I I I I I I I I I I I I I 94 341 Information on the requirements for MBEs/WBEs on subcontracting and material supply opportunities will be reviewed. Bidder's attendance at this meeting is a consideration for demonstrating a good fa ith effort to obtain the goa 1 s for MBE/WBE participation. ~tY~ RACHEL CLARK, City Clerk h ~/aaU ~ / ~df~ ''iU ilCE I iJ P,DVEi\ 110t. SPECIFICAT!ON NO........,91.5.7..,........... ~;~I\LL J'Vi"'E/\R lf~ F!f:ST ISSUE NOT LATER THAN. ~,7C 9-8-94 & 9-13-94 ,..-1'. . ....."n_....... ..--.....d.__._..___n....hun....__n..... .n....__... SECOND PUBLiCATIOr,! FIVE OMS LATER SlGNATURE..,____._,........,...OATE.____.. AB-3 I I I I I I I I I I I I I I I I I I I 94 341 INFORMATION FOR BIDDERS 1. Receipt and Opening of Bids The City of San Bernardino, California (herein called the "Owner"), invi tes 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. OCTOBER 25. ]q~~ ' and then publicly opened and read aloud, in the ~ ty 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 "0" Street, San Bernardino, California 92418 and designated as Bid for the UPGRADE SPORTS LIGHTING AND SECURITY LIGHTING FOR ENCANTO PARK. 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 wi thdrawn 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 45 days after the actual date of opening 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 mus t 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 which the bid 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 bidder 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 IB-1 I I I I I I I I I I I I I I I I I I I 94 341 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. Although the bidder is not required 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 bides): 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 UPGRADE SPORTS LIGHTING AND SECURITY LIGHTING FORENCANTO PARK more particularly described elsewhere in these Plans and Specifications. 6. Qualifications of Bidder The Owner may make such investigations as he deems necessary to determine the ability of the bidder 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 by, or investigation of, such bidder fails to satisfy the Owner IB-2 I I I I I I I I I I I I I I I I I I I 94 341 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 bidder have executed the contract, or, if no award has been made wi thin 60 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 for Failure to Enter Into Contract 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 forfei t to the Owner, as liquidated damages for such failure or refusal, the security deposited with his bid. 9. Time of Completion and Liquidated Damages Bidder 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 30 Working Days thereafter. Bidder must agree also to pay as liquidated damages, the sum of $ 200.00 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 labor necessary to carry out the provisions of this contract. Insofar as possible the Contractor, in carrying out his work, must employ such methods or means as will not cause any interruption of or interference with the work of any other Contractor. IB-3 I I I I I I I I I I I I I I I I I I I 94 341 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 "D" 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 furnished for such purposes) not later 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 fai thful 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-in-fact who sign bid 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, Construction Engineer, at (909) 384-5225. (d) Stated allowances IB-4 I I I I I I I I I I I I I I I I I I I 94 341 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 included in the contract the same as though herein written out in full. 16. Method of Award - Lowest Qualified Bidder 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 es tima ted by the Owner as available to finance the contract, the contract will be awarded on the base bid only. If such bid exceeds such amount, the Owner may reject all bids or may award the contract on the base bid combined wi th 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 site 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-l. IB-5 I I I I I !I I I I I ,I I I I I I I I I 94 341 C. BID FOR UNIT PRICE CONTRACTS PLACE: San Bernardino DATE: October 25. 1994 PROJECT NO.: 9157 Proposal of ELECTRO CO~STRucrION CORP, (hereinafter called "Bidder")~, a corporation, organized and existing under the laws of the the State of CALIFORNIA , a partnership, or an individual doing business as CORPORATION 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: UPGRADE SPORTS LIGHTING AND SECURITY LIGHTING FOR ENCANTO PARK 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 I I I I I I I I I I I I I I I I I I I I 94 j,1~ contract documents, within the time set forth therein, and at the prices stated below. These prices are to cover all expenses incurred in performing the work required under the contract documents, of which this proposal is a part. Bidder hereby agrees to commence work under this contract on or before a date to be specified in written "Notice to Proceed" of the Owner and to fully complete the project within 30 Working Days, thereafter as stipulated in the Specifications. Bidder further agrees to pay as liquidated damages, the sum of $200.00 for each consecutive calendar day thereafter as hereinafter provided in Paragraph 19 of the General Conditions. Bidder acknowledges receipt of the following addendum: it1 it2 it3 *Insert corporation, partnership or individual as applicable. The City "Off" Friday will be as a working day for the Contractor. In the event that setting of lines and grades or performing inspections is required by the Contractor's operations on the City "Off" Friday, the Contractor shall pay an amount equal to one and a half (1 1/2) times the Engineer I s normal wages and fringe benefits to the City as per Section 6-1.07, "Hours of Labor". I I I I I I 2. I I I I I I I I I I I I I ITEM 1. 94 341 QUANTITY 1 UNIT L. S. BID SCHEDULE PLAN NO. 9157 DESCRIPTION OF ITEMS WITH UNIT PRICE WRITTEN IN WORDS. PRICE Clearing and Grubbing at the L.S. Lump Sum pri ce of $5.000 TOTAL 1 L. S. Installation of Field Light- L.S. ing and Security Lighting including All Appurtenant Facilities as called for on the Plans and Special Provisions No. 9175 at the Lump Sum pri ce of ~194;2n - - NOTES: TOTAL $ 199,221 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 inserted in the space provided. I I I I I I I I I I I I I I I I I I I 94 341 In case of a discrepancy between words and figures, the words shall prevail. It is the understanding of the undersigned that the work hereinabove described shall be commenced within 10 days from the date of the "Notice to Proceed", and shall be completed within 30 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 of Contractor Classification C 10 an ac t License B providing for No. 95881 the FIRM NAME: ElECTRO CONSTRUcrION CORP, BUSINESS ADDRESS: 3021 Rowena Avenue, IDs Angeles, CA 90039 SIGNATURE OF BIDDERS: ~ S~. 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. ELECTRO CONSTRUCTION CORP, John S. Everson - President Carol E, Bowles - Secretary Roland B. Courser - Treasurer Telephone No. (213) 660-4141 , 1994 Dated: 10-24-94 BIDDERS ACKNOWLEDGEMENT OF ADDENDUMS: ADDENDUM NO. 1 ADDENDUM NO. 2 ADDENDUM NO. 3 DATE: 10/03/94 DATE: 1CJ/17/94 DATE: 10/21/94 I I I ! I 'I I I I I I II I I II I I I I TEL NO:909 3845463 1:1934 P02 94 341 In case of a discrepancy between words and figure., the words .hall prevail, . It is the understanding of the undersigned that the work hereinabove described shall be commenced wi thin 10 days from the date of the "Notice to Proceed", and shall be completed within 30 working days from the date of said not1\l.e, . 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 in accordance wi th an act providing 9!so.r the registration of Contractor.. 0 License No, illl Classification l; 1 B FIRM NAME: ELECI'RD OONS'IRtmION roRP. BUSINESS ADDRESS: 3021 Rowena Avenue, IDs Angeles. CA 90039 SIGNATURE 'OF BIDDERS: ~ S P, ......, . If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all indiVidualsi co- partners composing the firm. If a corporation, state egal name of the corporation, also the names of the president, seeretary, treasurer and manager thereof. ELECl'RD CDNSTRUCI'ION CORP. John S. Everson - President Carol E. Bowles- Secretary . RolandB. Courser - Treasurer Dated I Telephone No. (213) 660-4141 , 1994 10-24-94 BIDDEIS ACKNOWLEDGEMENT OF ADDENDUMS: ADDEltDUM ltD. 1 DATE: 10/03/94 ADDENDUM NO" 2 DATE: 10/1'7/C)4 ADDENDUM NO. 3 DATE: 10/21/94 I I I I I I I I I I I I I I I I I I I 94 341 ELECTRO CONSTRUCTION CORP. BIDDERS FIRM NAME DESIGNATION OF SUB-CONTRACTORS In compliance with the provisions of Section 4100-4110 of California Public Contract Code of the State of California, and any amendments thereof, each bidder shall set forth the name and location of each sub- contractor who will perform work or labor or render service to the Contractor. Name & Address Under Which Subcontractor Licensed Agency of MBE/WBE Certification and Number (If Applicable) Sub-Contractor Sub-Contract Phone No. Amotmt Specific Description Sub-contract NONE I I I I I I I I I I I I I I I I I I I 94 341 CERTIFICATION I am aware of, will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability for Worker's Compensation or to undertake self-insurance before commencing any of the work. Contractor: NAME OF BY: TITLE: DATE: FIRM: ELECI'RO CONSTRUCTION CORP. r:;y- S ~U'A President 10-24-94 I I I I I I I I I I I I I I I I I I I , - 94 341 OFFICE 0' COHIfUNI'!'Y DEVELOPHENT COIIJfVNIrr DEVELOPHEN'!' U/XlC GRAN'!' PItOCAAJI CONiRACTOR'S CERTIFICATION CO~CE~.ING LABOR STANDARDS A~D PREVAILING WAGE REQUIRE~ENTS C/O CITI OF SAN BERNARDINO DATE 10-26-94 PROJECT m::.:3ER (If .n'J) 9157 PROJECT NA.'IE TO (;'ppropri..te Redpi.ent) 1. The undersigned, having executed a contract with THE CT'T'V OF SAN RERNARDI'ilO for the construction of the above-identified project acknowledges that: (al The Laber Standards provisions are included in the aforesaid contract: (bl Correction of any infractions of the aforesaid conditions, including infractions by any of his subcontractors and any lover tier sub- contractors, is his responsibility: 2. Me cert~fies that: (al 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 pursvant to Section 5.6(b) of the Regulations of the Secretary of Labor, Part 5 (29 cn, Part 5) or pursuant to Section 3(a) of the Davis-Bacon Act, as _neSed (40 U.S.C. 276.-2(.)). (b) No part of the aforementioned contract has been or will be subcontracted to any subcontractor if such subcontractor or any fira, 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. ae agr.es to obtain and forward to the aforementioned recipient within ten days after L~e 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. Se cereifies that: (al The legal name and the business addresS of the undersigned are: ELECTRO CONSTRUCTION CORP. - 3021 Rowena Avenue, IDs Angeles, CA 90039 (bl The undersi ned is: (11 A S.NGLE PROPRIETORSHIP (2) A PARTNERSHIP (3) A CORPORA'1'ION OJlGANIZED IN THE S'1'ATE Of CALIFORNIA (4) OTHER ORGi'.RIZA'1'ION (Descdbe) 94 341 .. - I . ".'1- 2 ot J I I (c) The n...' title and addr... of the own.r. partn.r. or officer. of the undersigned ar.: I NAME TITt:E ADDRESS JOHN S. EVERSON President 133 S. Pbmnuth Bl. L,A, 90004 I YVONNE EVERSON m rr n.. ' ~. ROlAND B. COURSER I CAROL BCMLES Secretarv , I (4) The n.... and addr..... of all other per.on., both natural and corporat.. having a .ubstantial int.r.st in the under.iqned. and the nature of the int.re.t are I (If none. .0 .tate): lW4E ADDRESS NATURE OF INTEREST I I I (e) Th. n...., addr..... and trade classifications of all other building constructio I contractor. in which the undersi,ned has a .ubstantial interest are ( It IIOne. .0 state): NAME ADDRESS TRADE CLASSIFICATION I . I I I EIECTRO CONSTRUCTION mRP , DATE: 10-26-94 (contractor J I ; . Iy: ~ ~~1~/1 I WARN 1 KG I U.S. CrimMl Code. Section 1010, 2'iU. 1', U.S.C., provides in part: .Whoev.r,..... lIIIk.., pa...., utters or JlUblishes _It st.t_nt, knOwillf the .... to be tals. ...... shall be fined not Il101'8 than $5,000 or impri.oned IIOt _re Ch&n CWO "HI'S, or both. I I I I I I I I I I I I I I I I I I I 94 341 CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY INSTRUCTIONS nil c::ertlflCltlon il required punuant 10 ExlCUtiw O,d. 11248 130 F. R. 1231io25l. TllI illlpI_ting rul. IIlII ,..,latlonl proviclt tIIIt Inv biddlr or prcsg active CDIlVK1Or. or fillY of their proposed IIlbcontrlc:torl, l1li11 stltl II an initial part of tht bid or IltlIOtiltioM of the contrKt wMt'* it hII panicillltlll in fillY previoul conVICt or sub- cantrKt subject 10 thtlqUll opponunity daI.; 1IlCI, If 10, wMth.- It hII flltd III cornplilllCl reports clue uncW .pp1ic:8blt inftruClioM. WNrt tilt ctI'1iflCltion incliClttl tht1 ttIt bidd. MInot fillll I _plilncl rtpOl'1 clut undtr .ppliCIble InstNClions, sudl bidder shill be required 10 submit. compli.nce rtpOrt within .,;en ClltndIr cIIY1Ifttr bid opening. No COnVIct nil bI'~. dill unl. such report illUbmitttd. Bidc:.'1 N""t: CERTIFICATION BY BIDDER ELECTRO CDNSTRUCTION CDRP 3021 Rowena Avenue. Los Angeles. CA 90019 Add.tluncI Zip-Code: 1. B idd. hll panicipl1lC1 in . IlI'tvious contrlCt or subcDnvlCllUbjlCt to tilt Equal Opportunity CIIu.. v. ag No 0 (If .,,~"''' i. )'.., id.n'if7 14. -~, ,.un' conUDCC.) 2. Campli_ rlllOftl_t rlQUirlll 10 be filtcl in connoction with sudl CIlfI1rICt OIl1lbcontrlCL V. lID No 0 (If 011.....' i~ )'U, idCIIJif7 ,.. -., ,.un' eoltuacc.) NORMANDALE RECREATION CENTER - CITY OF IDS A.,",GElES 3. Biddlt hllliIllI.1I compn.llCIrtpom cluD undIr lIIp1iClblt illllNClions.lnclucllng SF.loa. v. CD No 0 NoIIt RlQUirlll 0 4. If._ to itlm 3 is "No:' pl_ t.pIaln In cMtaiI on _Iidt of thll-uficltloll. c:.tlfiCltion _ TllI inforlllltion lbove II VUt IIlCI complnt to the btIt of my knowItdtllIlII bIlilf. JOHN S. EVERSON. PRESIDENT N_ _ TiWof s;". t~ T,. ~~ <" ?'l lJ...< . SifM- 10-26-94 OIN I I I I I I I I I I I I I I I I I I I OCT 19 . 34 1<J: 08 ELECTRO CONSTR'JCTION P',2 94 341 rOIM or lID lorD I KIGW ~ MI' IY THill PlISINTI, ChIC ve, che Yad.~.ilftedJ Electro Construct1on Corp. " 'ri.ll,.l aad . Firemen's Insurance Co. of NewarK. Nc . a. Sur.cy, a;. h.nIl1aa' Uraly bOl&lul I&ftCO City of. San Bernara1no .. owaer, 1ft ~". ,.ell IU. of i-on nprc~nt the amount bid" in. dol.Lars- \~v'O) for Chi ,.,.eac of whicb. v.ll aftd cr~ly co b. ..~., ve b.r.lI, JOlftcly aft' ..".rally lIift' our..lv... our b.ir., ...cucor., ."lai.cr.e.r., . d 25 h .. f October .UCC...Oflall' ...tfll" SL.n., Chi. t . ..a, 0 , 19 94 The .0I.1cin of Chi Ibov. obll.aclO11 i. .uCh tbae whlraa. the 'rl.ol,.l lIa. '.v~itt.d to citvof San Bernardino a c.rca1a 11.. acc.~h.d h.r.co .a' h.reby .... . pare ber.ol co ..e.r iaco . c,acrace 10 writia., for che Encahto Park . I., !IIDrOll, a" If .al' 114 .hall II. r.j.ct.., or 1. ,.e al'e""I, b. If .al. 11. .han be acce,t.. aft' 'Ill hillci,.l ....U ......t. lad ..Uver I cODuace 10 ctl. rora of co.era., .naoW "erlCo (,r,,.rly coapl.ud ia accor'allOl vitti uld IU) .... .hall fumtlll a lload for hi. faithful ,.rf.~. of eat. COIIcrlCC, an' .h.l1 ia .11 ot".r r..,..t. pe,fora 'M . ..re....e creac.. b, chi .ce"Ullce of .al. Ii.. ch.ft cu. obU.aUOII .hdl II. yol', oCliu"t.., ,h. ._....n ,..ill 1. font la' .ff.u, t:e bdft. 'lI,relll,uuer"OI' .....1'... 'ue ,... UabiUcy ,f ell. 'IIree, for 8ft' a.' IU dala' hi"'"'' ....U, ia,.. ."..e, ne." ell. ,..all801&lIt of thl. ollU,aU.. .. Mre'a lCat". Th.lur.'" for yalue r.c.iy.., lI.r.b, .eipula'.. a" air... ,..., eb. olllt,.'i'" .f .at. lur.e, aa' ie. lloa' .h.l1 lie ia .. va, ~l"" 0' aff..c" ~, 8ft, ..un.10ft of che ci_ vittals whsota clio OwDIr .., ....1It 11&111 lill,_ .aI.4: IUrlc" 40.. "erelly vdve ..~i... .f .., av.. ..,..a'n. I I OCT 19 '94 10:08 ELECTRO CONSTRUCTION P,] I I I 94 341 ! lIor chI Prillclpal alld che Iurecy ~aYI hlra..c. .ac ckair' 1. VI!III' ,VII '. h of chI. a. arl corporactoll' havI cau'ld Chair h.ad. .84 ...1., .II:":C 0 fflx.d alld chl,1 pr',lnc. co ~I .llftld ~y . cor,.rlC....ohf.~:.rI '. :::\i.; ,"d yur fluc .11I~ionlfi. ! ch.ir ,r.,.r .. , . I I I Electro C~nstruction CorD. ! PrincipII <t..S.) . I 'y. ~ , ,I 1> E~J - I I SIAL 1.: , Fireme~ Co. of " ./ Ne~ll"ark, NJ I State of California County of Los Angeles } RIGHT THUMBPRINT (OPTIONAL) On October 25. 1994before me, (DATE) CAROL E. BGlLES w .. w '" .. 11 i!: ~ .. ~ (NAME, TITLE OF OFFICER -I.E., "JANE DOE. NOTARY PUBUC") personally appeared .JOHN S F.VrnSON (NAME(S) OF SIGNER(S)) KXpersonally known to me -OR- o proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are sub- scribed to the wrthin instrument and acknowledged 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. Witness my hand and official seal. CAPACITY CLAIMED BY SIGNER(S) o INDIVIDUAL(S) ~ CORPORATE President OFFICER(S) o PARTNER(S) (TlTLE(Sll o ATTORNEY IN FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER: :................................. . @ CAROL E. BOWLES : ~ -' COMM, 1967819 i NOTARY PUBLIC. CALIFORNIA 2 . LOS ANGELES COONlY ~ . M, Comm. E,pi... Ju.. .I( 1996 . .................................: (SEAL) ~1JC ~ fh!lL&v SIGNER IS REPRESENTING: (NAME OF PERSON(5) OR ENTrTY(IES)) Electro CXmstruction Co:r:p (SIGNATURE OF NOTARY) ATTENTION NOTARY: The information requested below is OPTIONAL. It could, however. prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Trtle or Type of Document Number of Pages Date of Document Signer(s) Other Than Named AbOVe '... cons FORM 63240-AlL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATlONIFINGE"PRINT -Rev 12-92 _ '~M """ ~~......~ -_~.._ I I I I I I I I ! I I I I I I I I I I I OCT 19 '94 10:08 ELECTRO CONSTRUCTION P,3 9 4 341 1. V1T11I. ,1111101, chi Pr'lIc1pIl 1114 cll. lurecy ~IYI h.rlaaC. .IC chl1r' 1111\4. aU Hal', allll. .lIell of chi. .. are corponHoIII lIavI Clu..4 Chlir corporaClllall co ~ .lIerlCo dUlled IlId Ualll pr,..nu co III "llIld 111 , chl1r ,roper off1'lr., clll 4ay IlId Yllr f1rle .In'101l11l. I Electro Cqbst'r~ction Corp. ! Pr1ncipal (1,.1.) . j ,I .,. ~ ~&J- SIAL ' Newark, NJ 11;: Firemen's '. D. / I I I I I I I I I I I I I I I I I I I 94 341 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT No. s;o7 State of County of California Los Angeles On October 25. 1994 Linda Marks, Rotary Public before me, DATE NAME, TITlE OF OFACER. e.G., "JANE DOE, NOTARY PVBUC" )Zerso lIyappeared JOHN D. HUNSINGER , NAME{Sj OF SlGNEA(S) ersonally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/~ subscribed to the within instrument and ac- knowledged to me that he/she/they' executed the same in his/b.&f.'their authorized capacity(ies), and that by his/1:I8F.'tReir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prwvent fraudulent reattachment of this fonn. CAPACITY CLAIMED BY SIGNER o INDIVIDUAL o CORPORATE OFFICER DESCRIPTlQI OF ATTACHED DOCUMENT o PARTNER(S) T1TlE(S) o UMITED o GENERAL TITLE OR TYPE OF DOCUMENT o ATIORNEY-IN-FACT o TRUSTEE(S) o GUARDIANICONSERVATOR o OTHER: NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSClNISl OR EHmY(lESl SIGNER(S) OTHER THAN NAMED ABOVE 019113 NArKlNAI. NOTARY ASSOCIATlON 'lI23ll_-. p,o..... 71"'~ -. ell &1308-71.. I I 9L341 l"lremen's Insurance Company of Newark, New Jersey GENERAL POWER OF AITORNEY Know all men by these Presents, That the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY has made, constituted and appointed. and by these presents does make, constitute and appoint I John D. HLI'\Singer of Glendale, california I its true and lawful attorney, for it and in its name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertakings and contracts of suretyship to be given to I I I I I I I I All Obl igees provided that no bond or undertaking or contract of suretyship executed under this authority.shall exceed in amount the sum of Ten Million (10,000,000) Doll... This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY at a meeting duly called and held on the 13th day of january, 19B9: "RESOLVED. !hat the Chainnan 01 the -. the VICe Chaimwl 01 the Iloanl. the -. an ExecutM! VICe President at. Senior VICe President at. VIce President 01 the Company. be. and !hat exh at any oIthem hemoy is,auIhorizedtoeJCeCUlel'owersol Attomeyqualilyi"8theattomeynamed ;"thegiwn PoworolAltomevtoexecutein behalf oIthe FIREMEN'S INSURANCE COMPANY OF NEWARK. NEW JERSEY, bonds. underlolOnp and all aontracl5 0I5IRIy5hip; and!hat...A5Iislanl VICe -.. Seaotary at... AMlant Seaotary be. and !hat exh at any 01 them hemoy ;,. auIhorized to...... the execution 01 any such Powor 01 Attomey. and to _ thereto the seal 01 the Company. FUIlrHEIl RESOLVEO. that the siplahns 01 such officen and !he seal 01 !he Company may be._ to any sudlPowor 01 Attomey at to any _te........ there.o by facsimile. and any such Power 01 Attomey atcerlifiate........ such facsimilesisna.... at faaimile.... shaJJ be valid and bindins upon the Companywhen so aIflxed and;" !he futwe wWl_ to any bond. undertakin& at _ 01 """""'"" to which ~ ;, attJched." In Witness Whereof, the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY has caused its official seal to be hereunto affixed. and these presents to be signed by one of its VICe Presidents and attested by one of its Assistant VICe Presidents this day of 19 91 11 Marcil FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY Attest; [)~ E.~ 6. AWu-.J O,LIIan/a,_Vlce_ Emil&. Nhfw. VIce President STATE OF CONNECTICUT } I COUNTY OF HARTFORD .., On this 11 day of Marcil , 19 9~ before me personally came Emil B, Askew. to me known. who being by me duly sworn, did I depose and say that he is a Vice President of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, the corporation described in and which executed the above inslnlment; that he knows the seal of the said corporation; that the seal affixed to the said inslnlment is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order, I I CERTlACATE \ L<~J,//~L /....c. Q.OIIlA 0, SEEKINS NOrARY PUBLIC My CornmiIIion bpiros MaId> 31, 1993 I I, the undersigned. an Assistant Vice President of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY. a New jersey corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney, is now in force, I I 21 BOND 4315L Printed in U,5.A. I I I I I I j M ! ~i ! . ;~. I It!;!~ II ~~es I ili II ~;; I , t- I I I I I 1 .. Plan No. Ie 94 341 Ie ~~. ~ ...1 .Joe III 8~. :& "Eo< (/) :S~. ~ .. .JO. III 8~. :E (/) .. >- >- ~ "Eo<~.J !. O....CIlZ r..U:lO l;; ...- ': & ~ . ~ 0- e_ :1& ~UA.'" 1111 :& .- - ~.- ~ - ;~l Ill! ~~ III J · :E i ro.i:! o .. ~l: ~.~ zl! - .. .. ~5!U .. !~ ... ;~ I ~! !.. - .. -- ..... -c a= :d !J: .... ...l!l h! ~:::f K~* ..> --.. -.. - .. uli c . -K !~ ...- .... U- ~ .~ I U: I II~ . .:.:1 ii JUS f nU Ii .. .. .. r ill i ii: 'II 'II '. .. 4/S' .a - ! - . ~ . - 0 i ~ : ... ~ Q. . . . ~ ~ c . - . .. - . . .. ~ t ~ u . . ~ - & 0 ... . 0 ~ ~ ~ ! & ~ ~ .. . .. , I I I I I I I I I I I I I I I I I I I 94 341 GOOD FAITH BFFOR'l' S'l'A'l'BMBR'l' OF MBB/WBB PAR'l'ICIPA'l'ION Project No. Bid Opening Date Type of Work The CITY OF SAN BERNARDINO established a Minority Busi- ness Enterprise (MBE) goal of % and Women's Business Enter- prise (WBE) goal of % for this project. The Contractor has committed to a goal of % MBE and a goal of ____% WBE neces- sitating a good faith effort statement in accordance with 49 CFR 23.45. Our project files show that such a good faith effort was made. The following is a summary of that documentation: (1) Attendance at - or request for any pre-solicitation or pre-bid meetings: (2) Advertising in appropriate publications subcontracting opportunities: (Name and date of publications) I I I I I I I I (3) Providing written notice to a reasonable number of MBE{s) and WBE(s) seeking their interest in subcon- tracting opportunities being made available by the Contractor: (4) Following up of initial solicitations of interest: (Names, type, result) I I I I I I I I I I I I I I I I I I I 94 341 (5) Selecting portions of the work to be performed by MBE (s) and WBE (s) : (Include $ value) (6) Providing interested MBE{s) and WBE(s) with adequate information: (7) Negotiating good faith with interested MBE(s) and WBE(s): ($ value of MBEjWBE Bids and one taken) (8) Making efforts to assist interested MBE(s) and WBE(s) in obtaining bonding, lines of credit, or insurance, and (9) Effectively using the services of available minority cOlDDlunity organizations, minority contractors' groups, local, State and Federal Miniority Business Assistance in the recruitment and placement of MBE(s) and WBE(s) : (Name, date of contact, information prOvided) Signature, MBEjWBE Liaison Officer I I I I I I I I I I I I I I I I I I I 94 341 CONFLICT OF INTEREST CLAUSE Interest of Members, Officers, or Employees of the City 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 UPGRADE SPORTS LIGHTING AND SECURITY LIGHTING 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 connection with construction of said improvements of: ENCANTO PARK CI-l I I I I I I I I I I I I I I I I I I I 94 JH CONTRACT ~M' . THIS AGREEMENT, made this S-IL day of Dece.. b e,v 1994, by and between the City of San Bernardino, herein "Owner", acting herein through its City Engineer, and ELECr12.0 GOVf712.//Cr/O/J col2..l? STRIKE OUT (a corporation) ~ ~artHQ~ihi~r INAPPLICABLE (an individual doing business as) TERMS , called of 51'9/J /?C.~/l/Zl1INO and State of C4L/FOIZ.U/A "Contractor". , County of S/JI\J ~C"etJ'9,ep/IV(j herein a ter called the WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER, the CONTRACTOR hereby agrees wi th the OWNER to commence and complete the construction described as: UPGRADE SPORTS LIGHTING AND SECURITY LIGHTING FOR ENCANTO PARK PER PLAN NO. 9157 hereinafter called the project, for the sum of Dollars (9 ) and all extra work in connection therewith, under the 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 Bernardino, herein entitled the Engineer, 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 30 working days thereafter. The Contractor further agrees to pay, as liquidated damages, the sum of ~200.00 for each consecutive calendar day in finishing the work 1n excess of the number of working days prescribed above. C-1 I I I I I I I I I I I I I I I I I I I 94 111 AGREEMENT: UPGRADE SPORTS LIGHTING AND SECURITY LIGHTING FOR ENCANTO PARK IN WITNESS WHEREOF, the parties of these presents have executed this contract in four (4) counterparts, each of which shall be deemed an original, in the year and day firs t above mentioned. (SEAL) ATTEST: City of San Bernardino (Owner) G(L~~A...e. ~ City BY:~~)~ I Mayor '1 ' . CLu/,/'.....k . Clerk (SEAL) Electro Construction Com. Contractor \1{(J1?l~. ;jgdqy Secretary By: ~ 5 fe~ JL/fJ~) ~~f! iU.C'TRO CONSTRUCTIQN OO~\:>c 3021 ROWENA AVENU~ ..wS~ANGELES, CA. 90039 (Address and Zip Code) NOTE: Secretary of the Owner should attest. If Contractor is a corporation, Secretary should attest. Approved as to form and legal content: JAMES F. PENMAN, City Attorney B~/M~fL C-2 I I I I I I I I I I I I I I I I I I I 94 341 CITY OF SAN BERNARDINO CONSTRUCTION CONTRACT PROVISIONS FOR FEDERALLY FUNDED PROJECTS The following Standards, Instructions and Certifications 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 -- This section contains Federal and State labor regulations regarding construction contracts. * 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 Copeland "Anti-Kickback" Provisions. and Part 5) -- Includes: Act and Davis-Bacon * 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 this contract, a wage not less than the highest wage for the work classification, specified in both the Federal and State wage decision. (Authority - Title 29 - labor part 5). CP-1 I I I I I I , I II I I I I I I I I I I I 94 341 * (3) Documents requiring signature under this section include: a) Contractor's Certification Concerning Labor Standards and Prevail ing Wage Requirements. (Authority - Title 29 - Labor Part 3 and Part 5) . b) Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Requirements (Authority - Title 29 - Labor Part 3 and Part 5). Equal Employment Regulations - This section 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 Opportuni ty 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. CP-2 I I I I I I I I I I I I I I I I I I I 94 341 * 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. (4) Bondin and -- This section is conta~ne ~n Documents , an 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 least ten percent of the bid price 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 price and submitted upon execution of the contract. c) Form Of Labor And Materials Bond This is an example of the payment bond required from the prime contractor. The labor and materials bond must be at least 100 percent of the contract price and submitted upon execution of the contract. (5) 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 CP-3 I I I I I I I I I I I I I I I I I I I 94 341 (6) Develo ment -- Standards o In addition to the above, contractors will be required to submit various weekly reports as noted in the "(1) Documents" section. CP-4 I I I I I I I I I I I I I I I I I I I 91\ 34\ DOCUMENT LIST (A) CONTRACTOR DOCUMENTS TO BE SUBMITTED WITH BID 1. Contractor Certification Concerning Labor Standards and Prevailing Wage Requirements (Authority Title 29, Parts 3 and 5, and Federal Labor Standards Provisions -- HUD-4010). 2. Certification of Bidder Opportunity (Au thori ty amended) . Regarding Equal Employment Executive Order 11246 as 3. Bid Bond -- In conformance with the example "Form of Bid Bond". (Minimum Bonding Requirements established by City for Federally Funded Projects). 4. List of all Subcontractor'(s) addresses, license numbers, their Contractor I.D. numbers, dollar amount of subcontractors, and specific description 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 ~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 - Executive Order 1114b Section 3 Clause with Certification -- by Contractor and all Subcontractors. cited in text or-clause). 4. Contract Compliance Qualifying Report for construction 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.) To be provided (Authority - 3. DL-1 I I I I I I I I I I I I I I I I I I I 94 341 5. Affirmative Action Policy for Contractors and Vendors -- To be submitted by Contractors and Subcontractors with 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 provided 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 To be provided by Contractor in accordance with example, "Form of Labor and Materials Bond". 9. Certification by Proposed Contractor Regarding Japanese Contract Restrictions. In addition to the above-named items, the Contractor must provide the following as noted: (Forms provided by Public Works Department Prior to construction.) WEEKLY Contractor Certified Payroll Reports -- (Payroll Form WH-347). (Authority - Title 29 CFR, Parts 3 and 5). 1. WEEKLY 2. (Payroll Form WH-347) with subcontracts. Parts 3 and 5). Certified Payroll Reports for all Subcontractors (Authority - Title 29 CFR, WEEKLY 3. Weekly Reports of Subcontractors on site. DL-2 I I I I I I I I I I I I I I I I I. I I ',l I I I I I I I I I I I I I I I I I I I 94 341 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, 1994 Edition, and City of San Bernardino Standard Drawings, insorar-as 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. Engineer The Mayor and Common Council for the City of San Bernardino. 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 Special Provisions, shall have the intent and meaning specified in 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 SP-l I I I I I I I I I I I I I I I I I I I 94 341 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 Ci ty of San Bernardino, in the amount of ten percent (10%) of the bid. Such cash, check or bond shall be given as a guarantee that the bidder will enter into the contract, if awarded to him. In the event the bidder, to whom the contract is awarded, refuses to execute said contract, the use by the public of the improvements will be delayed and the public 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 forfeiture. Bid bonds shall be underwritten 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 Bernardino, on 11-1-93. A Standard Operating Procedures Manual (SOP) has been developed to implement this policy and is available for review at the Department of Public Works. The adopted policy establishes 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: FOR ALL BID AMOUNTS TOTALING $25,000.00* OR MORE Minority Business Enterprises (MBE) Women's Business Enterprises (WBE) 15% 5% *This requirement does not apply for bid amounts totaling less than $25,000.00. All 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 and submitted with Bid probosal in order to demonstrate how the bidder will meet the esta lished goal. SP-2 I I I I I I I I I I I I I I I I I I I 94 341 All MBE/WBE's listed by the Contractor on these forms must have been certified by the California Department of Transporta tion, in accordance wi th Section 2054 of the Public Contract Code, prior to the bid opening. Only those firms that are certified by Caltrans, Cordova, and City of Los Angeles 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 Affidavit" may be submitted by 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. SP-3 . 94 341 . SECTION.3 THROUGH SEGTION 5 . BLANK . . . . . ! . , I .. . . . . I i I I SP-4 I I I I I I I I I I I I I I I I I I I I 94 3H 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 Meeti ng after openi ng of the bi ds. 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 calendar days after receiving notification of the award. Failure to f1le the stipulated documents and execute the contract within the prescribed time shall constitute good and sufficient grounds for recession of the award and payment of 10S of the bid to the City as liquidated damages. 6-1. 03 I NCREASED OR DECREASED QUANT IT IES I f the tota 1 pay quantlty of any item of work, subject to the provisions 1n Section 3-2.2.1, "Increased or Decreased Quanti ti es", of the Standard Speci fi cati ons, vari es by more than 25 percent, compensation payable to the Contractor will be determi ned in accordance with sa i d Secti on 3-2.2.1 and these Special Provisions. When the compensa ti on payable for the number of uni ts 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 sa i d pri ce 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 sha 11 compl y W1 th Chapter 8. 54 of the Ci ty of San Bernardi no Municipal Code regulating and prohibiting loud, unnecessary and excessive noises. SP-5 I I I I I I I I I I I I I I I I I I I 94 341 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 int~rnal combustion engine shall be operated on the project without said muffler. No equipment., machinery, or apparatus that permits loud and excessive noise shall be opera tee 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 si gna 1 s shall be avoi ded in favor of 1 i ght warni ngs except those required by safety laws for the protection of personnel. 6-1.05 PERMITS AND LICENSE Supplemental General Conditions. 6-1.06 EXTRA WORK Any extra work done shall conform to the provis10ns in Section 3-3, "Extra Work", of the Standard Spec ifi ca ti ons. However, equ i pment renta 1 rates sha 11 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 negoti a ted pri ce. Change order for extra work must be signed by the Contractor, Structural Engineer, and approved by OSA, City Council before extra work can commence. See Article 7 of the 6-1.07 HOURS OF LABOR -- In the event that the Engineer is requi red by the Contractor's operati ons to work more than forty (40) hours in any given week, or on any "off" Friday, Saturday, Sunday, or Hol i day, in the setti ng of Li nes and Grades or performi ng i nspecti ons, the Contractor sha 11 pay an amount to the City equal to one and a half 11 1/2) times the Engineer's normal wages and fringe benefits. Such amount shall be deducted from the next .fo 11 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 working days is provided to 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. SP-6 I I I I I I I I I I I I I I I I I I I 94 ~,~ 6-1.08 PAYMENTS 9-3, "Payments", and 9-3.2, Standard Specifications and Attenti on is di rected to Secti on "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. The Contractor shall In any area visible to the public, the following shall apply: When practicable, broken concrete and debris developed during clearing and grubbing shall be disposed of concurrently with its removal. If stockpiling is necessary, the material shall be removed or disposed of weekly. 6-1.10 COOPERATION AND COLLATERAL WORK -- Attention is directed to Sect10n 7-7, "Cooperation and Collateral Work", of the Standard Specifications, and these Special Provisions. Certa in compani es, governmental agencies, or their Contractors may be working within the construction area. The Contractor shall exercise due caution to prevent any damage to the irrigation, landscaping or any of the existing improvements. The Contractor shall coordinate his operations and cooperate with other Contractors working within the construction area to minimize interference._ The Contractor shall repair .or replace irrigation equi pment and 1 andscapi ng that is damaged or removed as a result of his operations and shall be restored to a condition equal to or better than the original. The Contractor shall protect all existing structures and facilities which are adjacent to the limits of the work to be done under thi s contract, in accordance wi th Secti on 7-9, "Protection and Restoration of Existing Improvements", of the Standard Specifications. SP-7 I I I I I I I I I I I I I I I I I I I 94 341 6-1.11 DISPOSAL OF EXCESS EXCAVATED OR REMOVED MATERIAL Unless otherwise specified, all excess excavat10n or removed materi al shall become the property of the Contractor and shall be disposed of by him away from the site of the work. Full compensation for conforming to the requirements of Section 6 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. -:. - SP-8 I I I I I I I I I I I I I I I I I I I 94 341 JULY 1994 City of San Bernardino 1994 Calendar AUGUST 1994 Mon Tuc Wed Thu Fri 1 2 3 4 5 8 9 10 11 15 16 17 18 22 23 24 29 30 31 NOVEMBER 1994 Man Tuc Wed Thu Fri 1 2 7 8 9 14 15 16 17 . " ....... ....... 21 22 23 l!}! 28 29 30 SEPl'EMBER 1994 Mon Tuc Wed Thu Fri CItM., F~;~ ~:~,-, ", - 8 4 5 6 7 .,.. ~. 11 12 13 14 IS! 18 19 20 21 22 .: c:a..a.. 25 26 27 28 il19 Mon Tuc Wed Thu Fri 1 2 ..... ~. J. 6 7 8 ,~ ,'n ~'::_" 12 13 14 15 16 19 20 21 22l~ L,~) 26 27 .28 29 30 OCTOBER DECEMBER 1994 3 4 5 6 10 11 12 17 18 19 24 25 26 27 28 31 MOIl Tuc Wed Thu Fri . QIoo6. 1 'ti~ilt 5 6 7 8 9 :0.0, 111 13 14 15 '16 '-", . ""W';:';",-. l' 20 21 n 23 - - - - I]I ~r1'!.. ill 19 JANUARY 1995 Mon Tuc Wee. Thu Fri 2 3 4 5 6 9 10 11 12 U:' .3r . ".,~ Hl>1w..V J~n 17 18 19 20 ..... 23 24 25 26 {27,. 30 Due to the 9/80 work schedule our new business houn are 7:30 am ID 5:30 pm Monday through Thunday, 7:30 am to 4:30 pm Fridays, ezcept OD alternate Fridays when we will be closed. The calendar above is provided ror your convenience, The schedule after July is subject to change. 8ft. I I I I I I I I I I I I I I I I I I I 94 341 SECTION 7 7-1 DESCRIPTION OF WORK 7-1.01 GENERAL The work to be done consists of removing the existing light fixtures indicated; installation of poles and concrete footings where indicated; installation of luminaire assembly on poles; installation of security lighting on buildings; repair of existing floodlight fixtures indicated; installation of circuit breakers and control equipment; installation of underground circuits; installation of conduits, pull boxes, paving and such other items or details not mentioned above that are required by the Plans, Standard Specifications, national Electrical code, and these Special Provisions shall be performed, placed, constructed or installed. SP-9 I I I I I I I I I I I I I I I I I I I L____ 94 341 SECTION 8 8-1 TECHNICAL SPECIFICATIONS 8-1.01 COOPERATION AND COLLATERAL WORK -- Attention is directed to Section 7.7, "Cooperation and Collateral Work", of the Standard Specifications, and these Special Provisions. 8-1.02 CLEAN-UP AND DUST CONTROL -- Clean-up and dust control shall conform to the provisions in Section 7-8.1, "Clean-Up and Dust Control", of the Standard Specifications. 8-1.03 shall comply the Standard CLEARING AND GRUBBING -- Clearing and grubbing wi th Section 300-1, "Clearing and Grubbing", of Specifications and these Special Provisions. Clearing and grubbing shall include, but not be limited to the following: 1. Existing light fixtures shall be removed as shown on Plan and salvaged to the City Yards. Existing Pave- ment, excess turf and debris from trenching and excavations shall be removed from site. Irrigation system and electrical lines shall be restored or rerouted as directed by the Engineer. The contract lump sum price paid for shall be considered as full compensation work involved in clearing and grubbing, compensation will be allowed therefor. each item of work for doing all the and no additional SP-IO I I I I I I I I I I I I I I I I I I I 94 341 SECTION 9 9-1 ELECTRICAL BALLFIELD LIGHTING 9-1.01 GENERAl 1. ELECTRICAL WORK - DESCRIPTION A. RESPONSIBILITY The Contractor shall furnish all labor and materials required to install the electrical equipment shown on the drawing herein specified. In addition, Contractor shall be responsible for the following: 2. GENERAL REQUIREMENTS A. CODES AND REGULATIONS 1. National Electrical Code. 2. California Administrative Code Title 24, Part 2 . 3. State Building Standards. 4. Occupational Administration. Safety and Hea lth 5. State of California Title 17. 6. All local codes have jurisdiction. B. WORKMANSHIP All electric work shall be executed in a workmanlike manner, and shall present a neat and symmetrical appearance when completed. 3. MATERIALS A. POLE INFORMATION Reference Luminaire Schedule and Pole Setting Detail on Electrical Drawings for detailed information on length and setting of poles. SP-ll I I I I I I I I I I I I I I I I I I I 94 341. C. B . CONDUIT 1. Comply with applicable UL requirements. Deliver conduit in standard lengths, with each length bearing the manufacturers' trademark or stamp and the Underwriters' label. a. Where conduit is mentioned in this Specification, this shall be interpreted as rigid, standard weight steel conduit, or polyvinyl-cloride (PVC), shall be used only where specified herein or noted on the drawings. 2. Rigid Steel Conduit: Zinc coated on the exterior; interior may be zinc or enamel. Coupl i ngs and locknuts, etc. shall be hot- dipped galvanized or sherardized. All couplings, etc. shall be threaded type only. 3. Intermediate Metal Conduit (IMC): Hot- dipped galvanized with couplings, locknuts, etc. of same type material and finish. Couplings shall be threaded type only. Conduit shall be manufactured by Allied Tube and Conduit Corporation. 4. Bushings for Standard Weight Rigid Steel Conduit: Non-metallic for 1" and smaller. For conduits 1-1/4" and larger, insulated metallic bushings shall be used. Bushings shall be O.Z. Electrical Manufacturing Co., Type "B" regular type or Type "BL" grounding type. 5. Polyvinyl-chloride (PVC) Conduit: Rigid heavy-weight type, Schedule 40, UL listed, complete with PVC fittings. Connections, bending, cutting and installation shall be recommended by the manufacturer. CONDUIT INSTALLATION 1. All conduit be rigid steel polyvinyl-cloride i nsta 11 ed conduit (PVC). underground shall or Schedule 40 SP-12 I I I I I I I ! I I I I I I I I I I I I 94 341 4. 5 . 6. 2 . Provide conduit sizes for the various circuits as indicated on the drawings and as requi red by code for the size and number of conductors to be pull ed therei n. Cap open ends with approved manufactured conduit seals as soon as installed; keep capped until ready to pull conductors. No bends or offsets will be permitted unless absolutely necessary. All condui ts sha 11 be concealed except as noted otherwise. 3 . Use rigid or IMC steel conduit where sUbject to mechanical injury such as exposed conduit in mechanical or work rooms. Rigid or IMC steel condui t may be used in concrete brick or masonry walls. a. Conduits installed in wet or exposed locations in concrete have threads filled with red lead. PVC heavy wall Schedule 40 conduit shall be used for all underground feeder, branch circuit and control system runs. PVC 40 conduit may be used in concrete block or brick masonry walls. PVC heavy wall Schedule 40 conduit shall be used where placed underground, in concrete, in bri ck or masonry constructi on. When installed under slabs on grade, the conduits must be separated by a minimum of 3" between identical systems and 12" between power and signal or other systems. a. Rigid steel conduit shall be used for all risers. b. Contractor at his own option may use PVC coated steel risers. Ri sers and bends at both ends of any non-metallic conduit shall be rigid steel of same size. All runs of non-metallic conduit shall have proper size ground wire installed as requi red, and all boxes, cabi nets, etc. shall be properly grounded with this ground wire. SP-13 I I I I I I I I I I I I I I I I I I I 94 3 P '-- 15. Reroute conduit where necessary to clear structural and mechanical obstructions. 16. Where storm drains. sewer lines and other gravity lines are to be crossed by conduit. grade stakes shall be set for the gravity lines, elevations of conduits shall be set for the gravity lines. and elevations of condui ts shall be put at proper depth so that there will be no conflict with storm drains. sewer lines and other gravity lines. The Contractor shall coordinate elevations of all conduits to avoid all gravity lines. Where conduits are installed and not properly coordinated. it shall be the Contractor's responsibility to remove and reconstruct the conduit runs as required, and all costs in connection with such removal and relocation shall be borne by the Contractor. D. CONDUCTORS 1. Del i ver conductors original unbroken packages, tagged as follows: to the site in plainly marked or a. Underwriters' labels. b. Size, kind and insulation of wire. c. Name of the manufacturi ng company and the trade name of the wire. d. Month and year when manufactured; date shall not exceed two years prior to the date of delivery to the site. 2. Unless specifically otherwise allowed herein, conductors shall be minimum of 9B% conductivity, soft drawn copper. 3. Type THWN 750 C, 600 volt insulation shall be used for all w1rlng except where specifically noted otherwise. 4. Minimum wire size shall be #12 THWN unless specifically noted otherwise on the drawings. Wire #8 and larger shall be stranded. S?-14 I I I I I I I I I I I I I I I I I I I 94 311 5. 6 . Connectors and terminal lugs shall be used for termi nati ng stranded conductors #6 AWG and 1 arger and shall be T & B, ILSCO. or equal solderless connectors. All branch circuit and fixture wiring joi nts, spl ices and taps for conductors #8 AWG and smaller shall be made with UL approved connectors listed for 600 volts. a. Connector bodies shall consist of a cone-shaped expandable coil spring insert, insulated with a teflon or plastic shell. Connectors shall be the "Wing Nut" as manufactured by Minnesota Mining and Manufacturing Company. 7. Make all connections and splices necessary to properly install and complete the work. All splices shall be taped. All tape shall be 3M "Scotch" #33 plastic electrical tape. E. LUGS 1. Furnish and install proper lugs in all panel boards, swi tchboards, gutters, etc., as required to properly terminate every cable. Where parallel conductors of large size are to terminate on a breaker, a shot length of copper cable of capacity of the breaker shall be connected to the breaker. and the proper bolt or compression type lug installed to connect this cable to the feeder cable. The cutti ng of cabl e strands to fi t the breaker will not be permitted. F. GROUNDING 1. Groundi ng shall be executed in accordance with all applicable codes and regulations both of the State of California and local authorities having jurisdiction. 2. Where Poly-vinyl Chloride conduit is used in the underground distribution system, install the proper sized copper ground wire in the conduit with the conductor for use as an equipment ground. Ground electrical enclosured and metallic raceway to this ground-wire. SP-15 I I I I I I I I I I I I I I I I I I I 94 341 3. The desired resistance to ground shall not exceed twenty-five ohms. and the necessary number of ground rods shall be driven to accomplish this maximum resistance. Minimum separation between the above individual rods shall not be less than that required by applicable codes and regulations. Each ground rod shall be installed in concrete yard box as indicated. 4. Grounding electrode conductors, if used, shall be bare copper, or green insulated. and shall be sized as according to the NEC Table 250-94. 5. If non-metallic conduit is used for branch circuit wiring, provide a green insulated. copper ground wire, sized in accordance with the NEC Table 250-95. 6. Ground conductors #10 or smaller for branch circuit wiring shall be attached at each outlet to the back of the box using drilled and tapped holes and washer head screw, 6/32" or larger. Use compressive lugs for larger size conductors. 7. Each panel board, swi tchboard, pull box, or any other enclosure in which several ground wires are terminated shall be equipped with a ground bus secured to the interior of the enclosure. The bus shall be equal to the panel board neutral bus and shall have a separate 1 ug for each ground conductor. No more than one conductor shall be installed per lug. 8. Ground yard box for ground rod shall be 9-1/2" Sq. x 16" deep, pre-cast concrete, complete with locking cast iron cover and marking "ground". Unit shall be Quikset WWT or approved equal. Ground rod shall be 3/4" diameter by 10'-0" long copper coated steel. H . LIGHTING CONTACTORS 1. The contactor shall switch A load at 250 volts, 60 hertz, and shall have 5 N.O. poles. 2. The contactor shall be conti nuously rated 60 amperes per pol e for all types of lighting and resistive loads, and shall not be derated for use on high inrush loads. SP-16 I I I I I I I I I I I I I I I I I I I 94 .111 J. 3. The contactor shall have an interrupting capacity 300S of rated current at 0.4 to 0.5 power factor. 4. The contactors shall be approved per UL508 and/or CSA. 5. The contactor shall have sil ver cadmi um oxi de, doubl e break power contacts. Auxiliary arcing contacts are not acceptable. All power contacts shall be convertible from N.O. to N.C. or vice-versa. All contacts shall have clearly visible N.O. and N.C. contact status indicators. 6. The contactors shall be designed in accordance wi th NEMA ICS2-211B. They shall be industrial duty rated for applications to 600 volt maximum. 7. The contactor shall have a NEMA Type 1 enclosure. 8 . Electrically coils shall be encapsulated. Contactor rated and Held Lighting: continuously 9. The above shall be Square D. Cl ass 8903. Type L or approved equal. 1. TIME CLOCKS Time clock for ballfield lighting shall be as manufactured by Rainbird National Sales Corporation, Glendora, CA, Telephone (818) 963-9311, Model No. EZ-734D, 4 channel, programmable, solid state or approved equal. Local distributors is Consolidated Electrical Distributors, 435 S. "I" Street. San Bernardino, CA. Telephone (714) 8B9-1071. IDENTIFICTION OF CIRCUITS AND EQUIPMENT 1. Panelboard, circuit breakers, switch- boards, terminal cabinets, control stations, and other apparatus used for the operation or control of feeders, ci rcui ts, appl i ances. or equipment shall be properly identified by means of descriptive nameplates or tags permanently attached to the apparatus or wiring. SP-17 I I I I I I I I I I I I I I I I I I I 94 341 2 . Nameplates shall be engraved laminated phenol ic. Shop drawings with dimensions and format shall be submitted to the City Engineer before installation. Attachment to equipment shall be with escutcheon pins, rivets, self-tapping screws or machine screws. Sel f-adheri ng or adhesi ve-backed nameplates shall not be used. 9-1.02 LIGHTING-- A. LIGHTING PERFORMANCE - ENCANTO PARK The manufacturer shall supply lighting equipment and computer generated point by point analysis to meet the following: 1. Performance Criteria - Field Lighting a. The performance cri teri a requi res lighting equipment which will provide initial average light levels of 37 footcandles infield, 26 footcandles outfield. A maintenance factor of .8 is to be used in determining the initial light value after adjustment for a tilt factor. These initial light levels will provide a maintained lighting level of 30 footcandles infield, 21 footcandles outfield. The light levels are to be stated in the numeric values to be obtained during the initial hours of the operation of the lighting system. Bidders shall supply computer generated point by point light scans based on 100,000 1 umens per 1 amp showi ng both initial and designated maintained foot- candle levels. b. Uniformity ratio The footcandle level shall have a uniformity ratio of maximum to minimum of not greater than 2.0:1 infield, 3.0:1 outfield or better. 2. Spill/Glare Light - Designated Areas SP-18 I I I I I I I I I I I I I I I I I I I 91\ '3~ 1 Maximum spill li9ht values -- light levels shall not exceed the designated maximum footcandles or average footcandles shown below. These 1 evel s shall be shown as initial footcandles and shall be measured at a distance of 150 feet from the boundary of the playing field in any direction. a. J.!i)' From Field Boundary Footcandles with meter aimed toward br' test i ht bank 1.99 .72 Horizontal ootcandles :50 .16 Max footcandles Average footcandles b. Arc Tube Brightness (Luminance) (1) No portion of any arc tub shall be visible beyond 12 degrees vertical and 35 degrees horizontal measured from the center axis line of the light output in the direction of the defined problem. c. Beam Definition (ll No one fixture shall exceed the candl epower or the specifi ed degrees above the max i mum candl epower in the vertical plane as specified in the following table: Nema Iype (;anaJepower Degrees ADove Max1mum Reflector Candlepower in Vertical Plane Nema 3 12,000 21 degrees Nema 4 12,000 21 degrees Nema 5 12,000 32 degrees Nema 6 12,000 32 degrees SP-19 II I II I I I I I I I I I I I I I I I I c. 94 31l B. POINT BY POINT ANALYSIS 1. Computer Models - Test Stations (a) Infield test stations for the horizontal field measurements shall consist of 25 points covering 80' x 80' on an equally spaced 20' x 20' grid (commencing 10' outside each base line). (b) Outfield test stations for the horizontal illumination levels should cover the enti re outfi el d area to the fence. Test stations shall be on a 20' x 20' grid and consist of 101 points. (c) Spill/glare test stations shall consist of horizontal footcandles and maximum footcandles on a line 150 feet from the boundary of the playing field. horizontal maximum footcandle readings shall be shown every 30 feet on the line. INSPECTION AND VERIFICATION 1. Test and Measurement Procedures a. All testing will be done with entire facility illuminated. b. Horizontal footcandle readings shall be taken with the meter positioned horizontal 36 inches above grade. c. Maximum footcandles as specified in Section A.2.a. shall be taken with the test cell positioned 36 inches above grade and aimed at the brightest light source. d. Ambient light levels shall be measured at the specified test stations. Maximum ambient footcandle level explored in all planes for each test station shall be recorded. Once the maximum spill light readings as defined in Section A.2a. have been recorded, subtract the ambient light readings from the respective footcandle readings at each test station. Sp-20 I I I I I I I I I I I I I I I I I I I D. 94 341 e. Testing equipment for measurement of footcandle levels shall be a calibrated Gossen panalux Electronic 2 or an approved equal. f. For final approval of the project the manufacturer shall provide a final report from the test results that shall provide the following items: (1) Identification of number and location of the test stations. (2) Actual horizontal footcandle readings taken at each test station. (3) Actual spill/glare footcandle readings taken at each test station. (4) Number of hours of operation. LIGHT-STRUCTURE SYSTEM 1. General Description - The Light-Structure System as manufactured by Musco Sports Lighting, Inc, or approved equal shall consist of: a. Pre-stressed centrifically spun concrete base b. Hot-dipped galvanized steel shafts. c. Hot-dipped galvanized steel crossarms. d. Fixture consisting of: lamp,lamp socket, reflector, lens, lamp cone, reinforcing retaining ring. e. U.L. listed fusing for the lamp circuits. f. Enclosure to consist of: NEMA 3R enclosure with ballasts and capacitors. g. Thermal magnetic breaker. h. All wiring from the load side of the breaker to the lamp socket. i. Plug-in or landing lug connection devices for all electrical circuits on the pole. j. Aiming method for alignment of the luminaires. k. Method for re-alignment of the luminaire after movement for relamping. SP-21 I I I I I I I I I I I I I I I I I I I 94 341 B, LOMINAIRE STRUCTURE 1. Factory Construction The lamp and reflector mounting device shall be factory assembled to the crossarms and the crossarms shall be attached to a section of the pole by the manufacturer. 2. Single Photometric Unit Each reflector shall be attached to the crossarm in such a way that its aiming position has been determined relative to all other fixtures on the pole so that in ,the factory all luminaires on the assembly are oriented .to form a single photometric unit. 3. Lamps Lamps shall be 1000 watt metal halide and shall meet ANSI designation M47PA-lOOO BU and be Philips #MHlOOOBU or an approved equal. 4. Retlector and Lamp supports The reflector shall be fastened to the lamp cone with a reinforcing retaining ring containing an acrylic compressed fiber ring which centers and stabilizes the lamp in the reflector and provides heat shield to protect the lamp socket from heat. 5. Lens A removable lens of impact and thermal resistant glass with silicone gasket shall be centered in a stainless steel lens rim and attached to the reflector with a hinged cable or chain. 6. Aiming The manufacturer shall provide a memory positioning device for each luminaire on the assembly. The device shall provide for automatic repositioning of the aiming after relamping. 7. Field Alignment Luminaire assembly shall be provided from the factory to the job site as a unit which may be universally oriented in a manner that the entire luminaire assembly can be field aimed as a single unit. SP-22 I I I I I I I I I I I I I I I I I I I 94 341 8. Katerials and Coatinqs All steel components shall be hot dipped qalvanized ASTM A-123. High purity reflector grade aluminum shall be alzak finished. All other aluminum components shall be heavy anodized to military MIL-A-8625E Type III (commercial AAC12A4l) specification and shall further be coated with an epoxy primer and heavy top coat of polyurethane enamel. All non-current carrying fasteners, hinges, and latches shall be stainless steel and shall be coated with a thermoset epoxy type organic coating such as Empigard to prevent galvanic interaction. 9. Crossarm Welding Crossarms for the lumina ire assembly shall be welded to the pole section before galvanizing by certified welders. Any additional fasteners used for the attachment of accessories to the crossarm shall be $~ainless steel and coated with Empigard or equivalent. 10. structural strenqth The crossarm, reflector and its attachment to the pole shall be provided by the manufacturer such that it will structurally withstand winds of 125 m.p.h. with 1.3 gust factor without misalignment of any luminaire and without any damage to the crossarms or its components. Luminaires shall be attached to the crossarm by a minimum of two bolts, which fasteners shall be stainless steel and Empigard coated. There shall be no penetrations of the top or sides of the crossarm. F, WIRE IlARNESS 1. strain Relier The wiring harness shall be supported at the top of the pole by a stainless steel wire mesh grip matched to the size of the harness. There shall be not more than 13 conductors supported by a single wire mesh grip. If harness is longer than 65', an interim wire mesh grip support shall be located approximately half way down the pole. SP-23 I I I I I , I I I I I I I I I I I I I I 94 341 2. strain Relief Slippage There shall be protection around the conductors, in addition to the insulation to protect from damage from the wire mesh grip and also to avoid slippage of the grip on the wire harness. The wire mesh grip shall also be clamped to the harness with a cable tie at the bottom of the grip to avoid loosening. 3. Pole Attachment The wire mesh grip shall be mechanically attached to the pole to an enclosed mounting loop so that it cannot accidentally be removed in any direction. 4. Spiral Winding The harness being supported by the wire mesh grip shall consist of multiple 14 gauge THHN conductors and shall be continuously spiral wound and bound with mylar wrap to prevent slippage of individual conductors within the wiring harness. Additionally, a cable tie shall be tightly wrapped around the harness at not more than 10' increments. 5. Abrasion Bumper There shall be provided at 2' below the wire mesh grip and then at not more than 10 ft. intervals along the entire length of the wire harness an abrasion protective bumper device of soft, durable abrasive resistant material not less than 2" in diameter attached around the wiring harness to protect the harness from striking and being abraided by the interior surface of the pole. 6. Labeling All wiring harness conductors shall be color-coded and clearly labeled. 7. Plug-Ins Each end of the wire harness shall be terminated into a plug-in with conductors sequenced consistent with the pattern of the wiring schematic provided by the manufacturer. 8 . Testing All conductors and plug-ins shall be tested for resistance underload, for continuity, schematic sequence, and for insulation integrity. Manufacturer shall ship with the wire harness a copy of the test results. 9 . Gr~unding There shall be included within the wlrlng harness one conductor for use as a grounding conductor. The SP-24 I I I I I I I I I I I I I I I I I I I 94 3H grouDding conductor s~all be equal in size to t~e load carrying conductors. G. ELECTRICAL COMPONENT ENCLOSURE (ECE) 1 . NEMA 3 R T~e ~2E s~all be a NE~~ JR rated gasketed enclosure to hcuse tte ballasts, ca;acitcrs, fuses, ~her~al ~ag~etic ci~cuit t=eaker, and d~s~=ituti=n l~gs. 2. Two Compartments The E~E shall be div:ied int~ t~o co~part~ents. T~e upper compartment shall house the ballasts, capacitors, and fuses. The lower comDartrnent shall provide for the t~er~al magnetic circuit breaker, distribution lugs, and connection of all circuits corning into and out of the ECE. 3. Galvanize The ECE shall be heavy hot dip galvanized to ASTM-123 standards after fabrication to a thickness of not less than 3 mils. 4. stainless Steel All latches, hinges, and non-current carrying fasteners, either outside or inside the enclosure, shall be stainless steel and shall further be coated with a clear thermoset polymer coating such as Empigard to prevent galvanic interaction. 5. Hinged Door Access The access door to the ECE shall be attached by a full- length stainless steel hinge and shall be secured when closed by lockable stainless steel latches. 6. Pole Attachment The ECE shall attach to the pole by means of a device which is sufficient to align the ECE and support its weight. There shall be a sealed joint with a non- threaded connection to provide wiring access from the pole to the ECE for both the primary and secondary circuits. The connection shall be gasketed for water- tight protection. All wire passages shall be protected to prevent wire abrasion or damage. 7. Capacitors In the ECE, capacitor cases shall be made from zinc coated steel or aluminum and top coated with enamel. Each capacitor shall have a ground terminal welded to its case and such te~inal shall be connected to ground via a grounding wire. The capacitor case shall not make direct contact with surface of the ECE. SP-25 I I I I I I I I I I I I I I I I I I I 94 341 8. Disconnecting Device There shall be provided within the ECE a V.L. listed thermal magnetic circuit breaker such that electrical power to all equipment on the pole served by the feeder circuit shall be disengaged by the operation of one switch. The breaker shall be located in a compartment separated from any capacitors or ballasts. 9. Lugs The breaker shall provide landing lugs for the conductors which provide power to the pole. 10. Distribution Terminal Blocks There shall be provided by the manufacturer a set of distribution terminal blocks which shall be factory wired from the breaker to the blocks. These blocks shall provide for termination of all ballast connection wiring. 11. Fusing There shall be provided an individual fuse for each ballast conductor except neutral conductors which shall not be fused or switched. 12. Plug-In All lamp supply circuits in the ECE'shall be color- coded and labeled and shall terminate into a V.L. .recognized plug-in device in the lower compartment of the ECE in a manner suitable for plug-in to the wiring harness. 13. Wire Karness Connection The Wiring harness circuits from the lamps shall be attached to the ECE circuits by V.L. recognized plug- in connectors. 14. Grounding There shall be provided in the ECE located in the lower compartment of the enclosure one equipment grounding lug rigidly fastened to the enclosure, sized to accept up to a 1/0 conductor. There shall also be provision in the upper compartment for a ground terminal of sufficient size to permit connection of the grounding conductors from the capacitors and the ground wire from the wiring harness. lS.Ballast Type Ballasts shall be lead peak auto regulating ballasts as manufactured by SOLA, Advance, or an approved equal, suitable for operation with ___ volt supply. SP-26 I I I I I I I I I I I I I I I I I I I H. 94 341 16. Dravinqs Attached The manufacturer shall provide an electrical schematic of the ECE circuits, which schematic shall be of a durable material and affixed to the inside of the ECE door for use by maintenance personnel. 17. Location The ECE shall be attached to the pole with the lower end approximately 10 feet above grade at the pole foundation. 18. U.L. Listinq The ECE shall be listed by U.L. both for use with 90 degrees C rated supply conductors and as suitable for use in wet locations. POLE STRUCTURE 1. Safety Factors AASHTO structural design criteria shall be used to determine the pole stress allowance. 2. Wind Factors The poles and foundations shall be designed to withstand 70 mph winds based upon UBC-C standards utilizing the 50 year mean recurrent isotach wind map data. 3. Heiqht and EPA The pole shall be designed to provide a mounting height above the surface at its foundation of 60 feet and to be of sufficient strength to support the effective projected area (EPA) of the pole and all of the attached devices including, as applicable, light fixtures, crossarms, mounting brackets, ballast boxes, and any other devices which are to be attached to the pole. 4. Pole Material The pole shaft shall be high strength low alloy tapered tubular steel with galvanized coating inside and out. All connections of pole sections shall be by slip fitting the top section over the lower section by a length of at least 1 1/2 diameters. 5. Resistance to Corrosion Steel components of the pole shall be hot dioced aalvanized ASTM A-123. Steel portions of the pole shall be constructed such that all segments of the pole can be readily heated to like temperatures in commercially available galvanizing methods. SP-27 I I I I I , I I I I I I I I I I I I I I 94 341 To avoid problems of galvanize adherence to differing steel alloys, all steel components used for the pole must be of the same type steel. All exposed steel components of the pole shall be at least 18" above the surface of the ground to avoid exposure of the steel to the heavily moisture and oxygen laden air, both above and below the surface. There shall be a cap to cover the top of the pole so that rain will not enter the interior of the pole. To avoid stress corrosion of the pole, there shall be no critical stress points of the steel portion of the pole within 18" of the ground. I, FOUNDATION 1. satety Factor Broms safety factor of three (or UBC) shall be used in the foundation design. 2. Foundation strenqth Any concrete portions of the pole in which steel components that provide tension strength are contained, shall be allowed to harden for a minimum of 28 days before stress loads of pole attachment are applied. ~ 3. 'Concrete Material The foundation of the pole shall be constructed of not less than 9,500 psi pre-stressed centrifically cast concrete such that the steel reinforce~ent within the concrete shall be protected from slippage and exposure to oxidation through voids in the concrete or exposure of the steel through porous concrete material. 4. Soil Conditions The design criteria for these specifications are based on soil conditions with 2000 psf soil at the surface. It shall be the contractors responsibility to notify the owner of soil conditions other than the design criteria. The owner shall then be responsible and absorb the additional costs associated with: (1) Providing engineered foundation/embedment design by a registered engineer in the state of California for soils other than specified soil conditions. (2) Additional materials required to achieve alternate foundation. (3) Excavation and removal of materials other than normal soils, such as rock, caliche, etc. SP-28 I I I I I I I I I I I I I I I I I I I 94 341 J. SAFETY - SPECIAL CONDITIONS 1. U.L. Listing There shall be provided a U.L. listing for all electrical components from its connection to the feeder conductors, to its completion at the lamp socket including_all connections. This listing shall be based upon U.L. testing and evaluation of the compatibility of the enclosures and the components for use in combination in this application in addition to the individual components being U.L. listed or recognized. 2. U.L, Test Report Bidder shall supply in advance of bid a copy of the complete Underwriters Laboratory report covering the entire luminaire assembly being bid. This document, per U.L. practice, shall become the property of the owner and be filed as a permanent record for the owner's protection in the event of product malfunction. Partial U.L. files will not be accepted per the requirements of U.L. 3. Codes Sports Lighting Structure shall meet National Electrical code and NEMA publication FA-I. 4. '.warranty a. Manufacturer shall warrant in writing the entire structure (excluding fuses and lamps) to be free from defects in materials and workmanship for a period of seven years starting from the date of delivery. Pole portion of the system is warranted for 15 years. b. Manufacturer agrees in writing to provide labor and materials for a period of two years to replace defective parts or repair defects in workmanship, or, at its election, to pay reasonable costs of labor for such repairs. For the remainder of the warranty period, replacement materials will be provided at no charge. c. Lamps shall be warranted by the manufacturer in writing not to fail for two years from the date of delivery. Lamps which fail during the first year of the warranty period will be replaced and installed at no cost to the owner. Lamps which fail during the second 12 months wil1 be replaced by the manufacturer but installation will be the owner's responsibility. SP-29 I I I I I I I I I I I I I I I I I I I 94 341 L. ALTERNATE SUBKITTAL-DATA TO BE PROVIDED Failure to provide any of the following information with the alternate submittal will be grounds for rejection of the alternate. Each item listed below shall be provided in the form of clear and concise statements and/or plans and drawings which can be easily read and clearly interpreted. Each item shall also be clearly lettered to correspond with the following list. All items shall be assembled in the order indicated and secured or bound in a neat and orderly fashion for easy use and reference. Bidders requesting to use equipment other than that specified shall submit ten (10) days prior to bid opening the following: 1. Lighting layout design showing luminaire mounting heights, aiming focus points, reflector types number of luminaires per pole and kilowatt consumption. 2. A drawing of the Sports Lighting Structure meeting or exceeding specified criteria. 3. Computer generated point-by-point analyis of field light values as set forth in accordance with lighting performance specifications. 4. Computer generated spill/glare analysis in accordance "with lighting performance specifications. 5. Written statements of model number and manufacturer for all equipment bid. 6. Written warranty from the manufacturer covering entire structure as outlined in specifications. 7. Certified engineer, independent of manufacturer, shall verify and stamp wind load test of lumina ire assembly to meet or exceed structural strength as described in specifications. 8. Complete U.L. report covering the entire assembly being bid as described in specifications. 9. Manufacturer shall submit in writing a minimum of five similar lighting projects in the state of California where the specifications outlined have been met. Include the project name, contact person and telephone numbers. SP-30 I I I I I I I I I I I I I I I I I I I 94 341 10. Manufacturer shall submit a letter guaranteeing that footcandle levels and uniformities as specified will be met. In addition, manufacturer's remedy to ' deficiencies will be noted. 11. There shall be provided by the pole supplier sufficien~ data and calculations to show that the specified criteria will be met. SP-31 I I I I I I I I I I I I I I I I I I I 94 341 9-1.04 CONTRACTOR'S RESPONSIBILITY A. Tests 1. The Contractor shall provide all instru- mentation and tests on the electrical system and equipment as hereinafter described and as further directed by the Engineer. 2 . Grounds and meggered. recorded, to the Engineer. ground grids shall be and recordings submitted 3. Amphere and line voltage measurements shall be taken and recorded under full load on the panel feeder. Measurements shall be recorded at the equipment service, and shall be submitted to the Engineer. 4. Method of obtai ni ng ground resi stance readings shall be in accordance with the latest edition of the James G. Biddle (Plymouth Meeting, Pennsylvania) manual published on this subject. 5 . All insturmentation required for testing shall the Contractor. and personnel be furni shed by B. Site Inspections 1. The Contractor shall carefully exami"e the site and existing buildings, shail compare the drawi ngs wi th the exi sti ng electrical installations, and shall throughly familiarize himself with all existing conditions within the scope of this work. By the act of submitting a Bid, the Contractor will be deemed to have made such examination and to have accepted such conditions, and to have made allowance therefor in preparing his figure. SP-32 I I I I I I I I I I I I I I I I I I I 94 341 C. Cutting and patching 1 . The Contractor s hall do a 11 cut tin g and patching of the construction work. and of existing walks. pavements. and buildings whi ch may be requi red for the proper installation of the electrical work. All patching shall be of the same materials. workmanship and finish as. and shall accurately match all surrounding work. All work shall be done under the Engineer's i nstructi ons, and when so requi red, by the trade which did the original work. All supports required, in the Engineer's opinion, by reason of any cutting, shall be provided and installed by the Contractor as directed by the Engineer. D. Protection of Work and Equipment 1. The Contractor shall protect all work, materials and equipment from damage, from any cause whatever, and shall provide adequate and proper storage facilities during the progress of the work. He shall provide for the safety and good conditions of all work until final acceptance of the work by the Owner, and repl ace all damaged or defective work, materials and equipment before requesting final acceptance. 2. The Contractor shall be held responsible for the protection and correction of the work of all trades from smears, splashes, stains or damages that mught occur in the process of the work. E. Cleaning of Equipment and Materials 1. All parts of the equi pment shall be thoroughly cleaned of dirt, cement, plaster etc.. and all cracks and corners scraped ou"'t clean. Surfaces to be painted shall be carefully cleaned of grease and oil spots and left smooth, clean and in proper condition to receive paint finish. SP-33 I I I I I I I I I I I I I I I I I I I 94 341 G. J: Record Drawings 1. The Contractor shall provide and keep up-to-date a complete "As Built" record set of blue prints, which shall be corrected daily and show every change from the original Drawings and Specifications and the exact "As Built" locations, sizes, and kinds of equipment. This set of prints shall show all changes in conduit runs, circuits, and size and number of conductors. Pri nts for thi s purpose may be obtained from the Engineer. Thi s set of Drawi ngs sha 11 be kept on the work site and shall be used ~ as a record set. 2. The actual location and elevation of all buried lines, boxes, monuments, vaults, stub- outs and other provisions for future connections shall be referenced to the building lines or other clearly established base lines and to approved bench marks. 3. The Contractor pri nts up-to-date performed. shall keep the "As Built" current with all work 4. Upon compl etion of the work, the Contractor shall provide "As Bui 1 tOO Drawi ngs prior to final payment. Submittals 1. Within ten (10) days after the award of the contract, the Contractor sha 11 submi t a complete list of all materials he intends to use on the job. Where ma teri a 1 s are specified by description and no manufacturers' names are mentioned in the Specifications, these materials need not be 1 i sted. Where one or more manufacturer' 5 names are mentioned in the Specification for any material or device, and the Contracur intends to :iupply the specified material. 11. shall list the material or device along with the name of the manufacturer he intends to use, and a note to the effect that the material will be as specified. SP-34 I I I I I I I I I I I I I I I I I I I 94 341 H. Substitutions 1. Verbal requests inquiries during the considered. for substitutions or construction will not be 2. All requests for in writin9 submitted approval. I. Locations substitution shall be to the Engineer for 1. The drawings indicate diagrammatically the desired location or arrangement of conduit runs, outlets, equipment, etc., and are to be followed as closely as possible. Proper jUdgement must be exerci sed in executi ng the work so as to secure the best possible installation in the available space limitations or interference of structural conditions wherever encountered. It shall be the Contractor's responsibility to verify and coordinate the location of all poles and lighting fixtures with the drawings. 2. In the event changes in the indicated 1 ocati ons or arrangements are necessary due to developed conditions in the construction or rearrangement of furnishings or equipment, such changes shall be made by the Contractor wi thout extra cost provi di ng the change is ordered before the conduit runs, etc., and/or work directly connected to same is installed, and no extra materials are required. J. Excavations 1. Do all excavating necessary for the proper installation of the electrical work whether or not indicated on the Drawings or Specifications. Underground secondary feeders shall be buried not less than 24" below finished grade; and other conduit rU3 containing circuits of 600 volts or le shall be not less than 18" below finish grade. : 2. After the installation of work requiring excavations has been inspected and approved, all excavations shall be filled with clean earth and tamped to 80S compaction (turf areas), 90S compaction (paved areas), so that no settlement will occur, and the ground left firm as natural grade. All excavated earth SP-35 I I I I I I I I I I I I I I I I I I I 94 341 M. which is not removed from disposed of as used for backfill the premi ses or directed. shall be otherwise 3. All sidewalks, driveways or other cement or asphalt surfaces which are damaged during excavations shall be repaired to match the adjacent work in material and finish. K. Safety 1. Contractor shall be solely and completely responsible for the condition of the premi ses on whi ch the work is performed and for safety of all persons and property on the site during performance of the contract. This requirement shall not be limited to normal working hours, but shall apply continuously. 2. Contractor shall conform with governing safety regulations. all L. Job Acceptance 1. After all requi rements of the Specifications and the Electrical Drawings have been fully completed, representatives of the owner wi II inspect the work. Contractor shall provide competent personnel to demonstrate the operation of any item or system, to the full satisfaction of each representative. Upon completion of work, the ballfield lighting levels will be checked with a lightmeter provided by the owner's representatives to check that light levels conform to levels indicated on Computer Model of Light Intensity on the Electrical Drawings. Final acceptance of the work will be made by the owner after recei pt of approval and recommendation of acceptance from each representative. Payment The contract Lump Sum price paid for "Installation of Softball Field Lighting and Security Lighting" shall include full compensation for doing all work involved in installing softball field lighting and security lighting, complete in place, and no additional compensation shall be allowed therefor. SP-36 I I I I I I I I I I I I I I I I I -I I 94 341 Light-Structure SystemTM 3 Fixture Luminaire Assembly Engineered as a system . . , complete from foundation to poletop 5 Easy Pieces . Poletop luminaire assembly . Wire harness (inside pole) . Steel pole sections . Electrical enclosure . Concrete base o::x:D musca C 1V93 MUICO Sports L.ighting. Inc. I.lght.Structure Spl8l'l'l is procected by one or rmr. or the following U.S. pounta: 472934, 41S1O&81. 0254694, 4374407. 0257891. 47290n.44SOS07, 4816974, 4947303.4994718,5016150,5075828. 513455- o;~61883. Canada: 1114798. "Ad" 1992 Musco .70479 .::;.~rf'nlS pending. Nollo scalp I 94 , I 341 I I I I Pole Top Assembly I I Steel Pole Section 1. 2. 3 or . Plecls I I Wire Harness Inside Pol. On. Harness For Each Electrical Enclosure I Electrical Enclosure . Ballasts . Capacitors . Fusing . Primary Landing Lugs . On. Circuit Breaker p.r Llgnt $tructUA Syst.m I I I I I I Concrete Base Centrifigually Spun, Prestressltd I I Not to scale e log3 Musc:oSpons Lighting. Inc. I r Jacking Bracket (typical) .10'-0" (app,...) Concrete Backfill fRONT VIEW FIELD SIDE :1!2ll; Included wilh each project are !he fallowing: (1) Inslallalion lifting bor (1) Offset installalion level (3) Installation wedges Removable Pole Cap Wire Homess Inside Pole Electrlcol [nclolu,.. Attachment Bracket WI... Ace... Hub 4- X 6-1 IT Hondhol. Location wi Grounding Lug Ii I ! Ufn"g Bor Hole Above Ground Accus Hole . ~ Underground Ace... Hol. SIDE VIEW :1!2ll; This dimension for relorence on~, Variances will occur depending on tie following: (1) Steel pole taIoranees (2) Concrete lalerances (3) r ,ivanizing Ihicknesses , Base- . these, a v-:o' "'I~ be seen. Additional variances wiD OCQJr depend1m! on 11- "'Jth ace I I I I I I I I I I I I I I I I I I I 94 341 Light-Structure System TM 5 Fixture Luminaire Assembly Engineered as a system . . . complete from foundation to poletop 5 Easy Pieces . Poletop luminaire assembly . Wire harness (inside pole) . Steel pole sections . Electrical enclosure . Concrete base -- CD:X) mUSCC1 C 11113 MUICO ~ L.ighting,1nc. l.ight.$trur:tuQI Syawn Ia procedlld by one or mar. oIlhe loIowWIg U.S. paenq: 4725934.4100881. D2546IM. 4374407. 0257811, 472SlOn.4450507. 48'6974, 4941303, 4l1lM718. 5016150, 5075B28. 5134557. 5161883. Canada: 1 1 14798, 'Rd' 1992 MU$CO,7('.:- Other patents O. Not to SC<,t<~ - I 9i1 341 I I I I Pole Top Assembly I Steel Pole Section 1. 2, 3 or 4 Piece. I I Wire Harness Insid. Pole On. Horn... For Each Electrical Enclosure I I Electrical Enclosure 'Sallasts . Capacitors . Fusing . Primary Landing Lugs . On. Circuit Breaker Per Ught Structure System I I r Jacklnv Bracket (typical) I I .10'-0" (appntx.) I I Concrete Base C.ntrlfigually Spun. p....tr.n.d Concrete Backfill I fRONT VIEW r1ELD SIDE I Not to scale C '993 Musco Spo"S Lighting. Inc. ~ Included wilh each projed are lhe following: (1) Installalion ~f1ing bar (1) Offsetinstallalionlevel (3) Installation wedges I R.movabl. Pole Cap Wire Hom.ss Insid. Pole EI.ctrlcal Enclosure Attachment Bracket WIre Acc... Hub ," X &-1 It' Hondhol. Location wI Grounding Lug i Ii Ufting Bar Hole Access Hol. . Und.rliilround Acc... Hot. SIDE VIEW :tJg!I; This dimension for reference only, Variancas win occur deponding on lie following: (1) Steel pole taIerances (2) Concrete IDIerances (3) Galvanizing 1hicI<nesses Bas&,:,,:::on these, I van21:':e may be seen. Additional variances win DCClK depending on ~ iecth aea' - - I I I I I I I I I I I I I I I I I I I 94 341 Light-Structure SystemTM 8 Fixture Luminaire Assembly Engineered as a system. . . complete from foundation to poletop 5 Easy Pieces . Poletop luminaire assembly . Wire harness (inside pole) . Steel pole sections . Electrical enclosure . Concrete base o::x:D musc:a Cl. MUICO Sporta Lighting. me. Light-suucnn. Sys*" Is protected by 0"' or more of the foIowIng U.S. paentI: 4129M. 419C881. 0254&4. 4374401. 0257891. 472itJ77. U!50507. .4811974. 49473)3, '64718. 5016150. 5075828. 5134557, 5161883. Canada: 1114798, "Rd" 191:';:> Musco.70479_ Ome-- :;:;1leflls pending. - Not to scale I I I 94 341 Pole Top Assembly Steel Pole Section 1. 2, 3 or .. Pieces Wire Harness Insld. Pol. On. Harness For Each Electncol Enclosure Electrical Enclosures . Ballads . Capacitor. -Fusing . Primary Landing Lugs . On, Circuit Breaker P.r Ught Structu,.. System r .10'-0" (opprox.) Jacking Brack,t (iyplcol) Concrete Base C.ntriflgually Spun. Prestr..sed Concr.t. Backfill FRONT VIEW FIELD SIDE NOI 10 scale c 19;:) Musco Sports L.ighting. Inc. ~ Induded wilh each project are !he following: (1) Installalion filting bar 11} Offset installalion level 13} Installation wedges Removable Pol. Cap Wire Marness Inside Pol. Electrical [nclosur. AHochment Bracket (typ. 01 2) Wlr. Access Hub .- X 6-11'1 Handhol. Location w Grounding Lug Uftlng Bar Hole Above Ground Ace... Hol. Underground Access Hol. SIDE VIEW ~ , This dimension for reflllllnCe on~, Variances wiD occur depending on !he following: 11) Steel pole IOIeIaIlC8S 2) Concrete tolerances (3) Galvanizing thicknesses , Based !J:"lI':'" these. a varia!,\("2 may be seen. Additional variances WIll OCQJr depending on th~ :)lh acc:urn I I I I I I I I I I I I I I I I I I I 94 341 Light-Structure SystemTM 9 Fixture Luminaire Assembly Engineered as a system. . . complete from foundation to poletop 5 Easy Pieces . Poletop luminaire assembly . Wire harness (inside pole) . Steel pole sections . Electrical enclosure . Concrete base CXXXJ mUSCC1 c lDlll3 MuscoSp)ns Lighting. Inc. Ligtn.SlructUN System Is protectllld by one or IT'DI'. 01 lhtl loIowIng U.S. poIM1Is: 4725934.4100881.0254694.4374407.0257891. 47290n, 4450507, 4818S174, 49473:)3 /r,.C18.5016150. 5075828. ';'1-i<;::7. 5161883. CanadJl ,1 "Rd. 1992 Musco'- .;"nIS pending. - Not to sea Ie I I I I I 1 Pole Top Assembly Steel Pole Section 1. 2. 3 or 4 Pieces Wire Harness Inside Pole On, Harnels For Each [Iectrical [nclosure Electrical Enclosures . Ballasts . Capacitors . ruslng . Primary landing Lugs . On, Circuit Sreaker Per Ught Structure System r Jacking Brack.t (typical) Concrete Base Cantrfflgually Spun, Prestressed .10'-0" (opprox.) Concrete BackfIll FRONT VIEW FIELD SIDE SIDE VIEW Not to scale C 1993 Musco Sports lighting. Inc. :lI2II; Included wilh each project are !he following: (1) Installation lifting bar (1) Offset installation level (3) Installation wedges ~r:;mension for raferenca on~. Variances wlll occur depending on !he foIJowing: It I Steel pole tolerances 2 Concrate IDIef8nces (3) GaJwnjzj _ Based uOlln ~. a variance may be seen, AddiJional variances wi! occur depending on the jepth accura:- Removable Pol. Cap Wit. Hotnus Inside Pol. Electrical Enclosure Attachmut BrClck.t (typ. .f 2) WI,.. Aceass Hub ~ X 6-1/t' Handhol. location wi Grounding Lug I Ii i ! , Ufting Bar Hl?I. Above Ground Access Hole Accns HoI. I I I I I I I I I I I I I I I I I I I 94 341 Light-Structure SystemTM 11 Fixture Luminaire Assembly Engineered as a system. , , complete from foundation to poletop 5 Easy Pieces . Poletop luminaire assembly . Wire harness (inside pole) . Steel pole sections . Electrical enclosure . Concrete base CXXJ:) musca 01803 MUICO$ports lIghling. lne. Ught.Structure Syst." is pratectecI by one Ot tl'I)f8 of IIl.lollowing U.S. patents: ~725934, 4190881. 0254694, 4374407,0257891, 4729Cln. 4450507, 4816974, 4947303,4*718.5016150, S075828. 5134557, 5161883. Canada: 1114798, "Rd" 1992 Musco '704-" .,~.~. patents pe- - Not to sea" 94 341 Removable Pol. tel' Pole Top Assembly Steel Pole Section 1, 2. 3 or .... Pieces Wire Harness Inside Pole On. Hamess For EoeM Electrical Enclosur. Electrical Enclosures . Ballasts . CapQcito~ . Fusing . Primary Landing Lugs . On. Circuit Br'ftIk.,. P.r Ught Strueture Syst.m Concrete Bose C."trifigually Spun, Pr.atren.d Not to scale e 1993 Musco Spons Ligttting. Inc. 'Mr. Ham,sl Insid. Pol. EI.ctrlcal [nclolu", Attachm.nt Bracket (typ. ot 2) WI,.. Acet.. Hub ~ X I-lit' Hondhol. Locoflon w / Grounding Lug Jacking Brack.t (typical) .10'-0" (appro",) Uft!"g Bar Holt Abov, Ground Acc... Hol. Underground Acens Hol. . Coner.t. Backfill FRONT VIEW FIELO SIDE SIDE VIEW :rJ2lt: Included wi1h each projed ",e!he IoIIowing: (1) Installation lilting bot (I) Offsel inslallation level (3) Inslalla.on wedges :rJ2lt: This dimension far reference only. VerIances wil occur depending on !he _ng: (1) Steel pole 1DIerances (2) Concrete 10lerences (3) GalV111lizing thicknesses Based upon these. a variance mey be seen. Addiional variancas wm OCClIr depending on the ho'( <..nth accurac.y. n n a m I I I I I I I ] J I I I I I I I I I I I I I I I I I I I -;. 94 341 I DOCUMENTS , . I 9.4 3H OFFICE 0' COIUlUNl'1'Y DEVELOPMENT I COIUlUNIn DEVELOPMENT 8LOClC CRANT PROGRAJI CONiRACTOR'S CERTIFICATION CO~CE~.ING LABOR STANDARDS A~D PREVAILING WAGE REOUIRE~ENTS I TO (;.Jlpropri.ace R"i.pi.enC) DA.TE I PROJECT m;:.:9ER (If an,,) C/O PROJECT NA.'IE I The undersiqned, havinq executed a contract with 1. I for the construction of the above-identified projec acknovledqes that: I . (A) The Labor Standards provisions are included in the aforesaid contract: I (b) Correction of any infractions of the aforesaid conditions. includinq infractions by any of his subcontractors and any lower tier sub- contractors. is his responsibility: I 2. ~e cert~fies that: I (a) Neither he nor any firm. partnership or association in which he has substantial interest is desiqnated as an ineliqible contractor by the Comptroller General of the United States pursuant to Section 5.6(b) of the Requlations of the Secretary of Labor. Part 5 (29 CT.R. Part 5) I or pursuant to Section 3(a) of the Davis-Bacon Act. as amended (40 U.S.C. 276a-2(a)). I (b) No part of the aforementioned contract has been or will be subcontracted to any subcontractor if such subcontractor or any fira. corporation. partnership or association in which such subcontractor has a substantial I interest is desiqnated a. an eleqible contractor pursuant to any of the aforementioned requlatory or statutory provision.. I 3. Be aqrees to obtain and forward to the aforementioned recipient within ten days after ~~e execution of any subcontract. includinq those executed by his subcontractors and any lower tier subcontractors. a Subcontractor's Certification.Concerninq Labor I Standards and Prevailinq waqe Requirements executed by the subContractors. 4. Be certifies that: I (a) The leqal name and the business address of the undersiqnod are: I (b) The unders iQned is: (1) A S~NGLE PROPRIETORSHIP (3) A CORPORATION ORGANIZED IN THE STATE Of I (2) A. P ARTNEllSHIP (4) OTHER OJl(i,'.NIZATION (Descri.l>>) I , t and corporate, the interest TUItE OF INTEREST TJW)Z CLASSIFICATION """ -;] lJ'T I "~'i. 2 ot 2 I I (c:) The naN, title and addre.. of the owner, partners or offic:er are: I NAME TITIZ ADD I I I - (d) The n~S and addresses of all other persons, both natural a substantial interest in the undersiqned, and the nature of I (If none, so state): NAME ADDRESS N1I I I I (e) The n~', addres.e. and trade c:la.sific:ations of all other I c:ontrac:tors in whic:h the undersiqned ha. a sUb.tantial inter state) : NAME ADDRESS I . I I I I DATE' (contra Iy, I WARNING I u.s. criminal Code, Section 1010, Title 1', U.S.C., provides in part malee., passes, utters or publishes anll stat_nt, Jcnowill9 the s... t shall be fined not more th.an $5,000 or imprisoned not JIOre than two . of RESS buildinq c:onstruc:tio est are ( If none, se c:torJ : .Whoev.r,..... o be false ...... IINrs, or both. II I 'I I I I I I I I I I I I I I I I I I "if "'.... 94 341 CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY INSTRUCTIONS This certification is required punuant to ExlCUti.... Ord.. 11248 130 F. R. 1231t-2!i1. The impl_ting NIISInd r......,ions provide tNt any bidder or orlmllCtiv. conVK1or, or IflY of their prOllQMd SIbcOn~lcton, lhlllsut. IS III initW pWt of tII. bid 01 negotiations of the CDntrlCt wlwthw it his pu'ticilllted in MY prwious contrlCt 01 lUll- oon~1Ct subjct to tII.1QUI1 opportUnity clIu..: 1Ild, If 10, wlItthtr it his filed III CDmpliallCl reports due und. .pplicabl. inSlNc:liOnL ~ the certification indicatlS thllt tile bicldw tin not filed. compliallCl rlllOl1 due u.... .pplicable instNc:lions, sudl bidder IhIII be rlqUirld to submit I CDmpli.1lCI repol1 within sevin callndlr days mw bid opening. No CD_ INII ill_did unl. such report is submitted. CERTIFICATION BV BIDDER Bidc!....s N.m.: Address .nd Zip' Code: 1. Bidd.. hils plrticipatld in IllI'evious contrlct OIsubCDnlrlCt subject to the Equal Opportunity Clause. v. 0 No 0 (1/ O/UUltf i. yu, id'/lIify IA. ....., tlcell' COII"OC&') 2. Compli.nce reports_' required to be filad in connection witllsucll contrlCt 01 subCDntrlCL v. 0 No 0 (1{ ou".tf i. yu, idu,ify ,Ia. _., reuII' COII"OC&') 3. 6iddlf hils Ii lid all compll.nce repol1s due undIr applicable inltrUCtions, including SF.100. v. 0 No 0 NOM Required 0 4. If._ to it.m 3 is "No." pl_ .xplain in dalail on __ side of this certification. c.tification _ The infOlmation.bove Is trullIld Ollmplttl to thl belt of my knowl.. and bill-'. N._ _ r;,~., s;,-/"- r,,.J Si'''''.... DMe I I I I I I I I I I I I I I I I I I I 94 341 FORM OF BID BOND KNOW ALL KEN BY THESE PRESENTS, that we, the undenigned, a. Principal, and a. Surety, are to be made, We hereby jointly executor., adaini.trator., day of hereby and firmly bound unto a. owner in the penal sum of for the payment of which, well and truly and severally bind ourselve., our heir., succe..or. and a..ign.. Signed, this . 19 The condition of the above obligation i. .uch that wherea. the Principal hu.ubmitted to a certain Bid, attached hereto and hereby made a part hereof to enter into a contract in writing, for the NOW, THEREFORE, a. If .aid Bid shall be rejected, or in the alternate, b. If .aid Bid shall be accepted and the Principal .hall execute and deliver a contract in the Form of contract attached hereto (properly completed in accordance with .aid lid) and .hall furni.h a bond for hi. faithful performance of .aid contract, and shall in all other re.pect. perfo~ the agreement created by the acceptance of .aid lid, then this obligation shall b. void; otherwi.e, the s... shall remain in force and effect; it beina expres.ly under.tood and aareed that the liability of the Surety for any and all claims hereunder .hall, in no event, exceed the penal amount of this obligation a. herein .tated. The Surety, for value received, hereby .tipulate. and aaree. that the obligation. of .aid Surety and its bond shall be in no way iapaired or affected by any extension of the time within which the Owner aay accept such Bid; and said Surety doe. hereby waive notice of any .uch exten.ion. I I I I I I I I I I I I I I I I I I I 94 341 IN WITNESS WHEREOF, the Principal and the Surety have hereunto .et their hand. and .eal., and .uch of them a. are corporation. have cau.ed their corporate ..al. to be hereto affixed and the.e pre.ent. to be .ilned by their proper officer., the day and year fir.t mentioned. (L.S. ) Principal By. SEAL - . I I I I I I I I I I I I I I I I I I I 94 311 CERTIFICATION BY PROPOSED CONTRACTOR REGARDING JAPANESE CONTRACT RESTRICTIONS ~ackC2round section 109 of the Public Law 100-202 imposes a ban against the use of forei~ contractors and suppl~ers who are from countries that discr~minate against U.S. firms in public works projects. To date, Ja~an is the onlY country to which these restrictions apply, The ban appl~es to construction contract~rs and to architect~ral, engineer~n9 or.other services directly relat~ng to the construct~on or rehabll~tat~on 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 inclu~ed on t~e list of foreign countries that discr~m- inate against U.S. flrms ~ubl~shed by the U. S, Trade Representatlve (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 representative proposing project. below is the firm, company, corporation or to do work on or supply- materials for its the contractor'S Certification Bidding contractor's Name: Address: 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 2. Bidder has not or will not subcontract with a firm(s) owned or controlled by a country on the USTR list. True False 3. Bidder will not use any construction product or materials permanently affixed instruments, equipment, electronics devices (excluding vehicles and construction equipment) of on the USTR list. True False including or other a country Certification _ The information above is true and complete to the best of my knowledge and belief. Name and Tltle of s~gner (pleaSe type) Date s~gnature Note: Failure to complete this form is cause for rejection of the bie as not being responsive or responsible. I I I I I I I I I I I I I I I I I I I 94 3.0 OFFICE OF COHHlJNIr'i DEVELOPMENT COHHlJNIr'i DEVELOPMENT BLOCK CRANT PROCIWf . SUBCO~TRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS TO (Approprjace Recjpjencs): DATE: PROJECT NU~!3ER (If any) C/O PROJECT NAI'Z l- The undersigned, having execu~ed a contract with (con~rac~or or Subcon~rac~orl for (Nature of Work) in the amount of $ . in the cons~ruction of ~he above-identified project. certifies that: (1.1 The Labor Standards Provisions of The Con~ract For construction are included in the aforesaid contrac~. (bl Neither he nor any firm. corporation. partnership or association in which he has a substantial in~erest is designated as an ineligible contractor by the Comptroll General of the united States pursuant to Section 5.60(bl of the Regulations of the Secretary of Laobr. Part 5 (29 CFR, Part S), or pursuant to Section 3(1.1 of the Davis-Bacon AC~. as amended (40 U.S.C. 276.-2(.)) . (cl 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. wi~hin ten days after the execution of any lower subcontract, a Subcontractor's Certification Concerning Labor Standards and prevailing Wage Requiremen~s. executed by the lower ~ier' subcontractor. in duplicate. (1.1 The workmen will report for duty on or about Waul 3. He cert~fies ~hat: (1.1 The legal name and the business address of the undersigned are: (b) The undersic;ned is: (1) A SINGLe PROPRIETORSHIP: (31 A CORPORATION ORCANI::EI) IN ':liE STJ\T::: C (2) A PARTNESHIP (4) OTHER ORGANIZATION ,Describe) I I I I I I I I I I I I I I I I I I I 94 341 (cl The nAIM, title and addrell of the owner, partners or officen of the undeniqned are: NAM! TITLE ADDRESS - (dl The names and addresses of all other persons, both natural and corporate. havinq a sUbstantial interest in the undersiqn~, and the nature of the interest are (If non. so stat.): NAME .I'.ODRESS NATURE OF INTEREST (el The nallles, addresses and trade classifications of all other buildinq constructl0n c~nir,ctors in which the undersigned has a sUbstantial interest are (1/ non., so 5 . e : NAME ADDRESS TRADE CLASSIFICATION . (Subcontractor) - , By (Siqnatunl (Typed Name and Titlel ',.jARM 1 KG v.S. Criminal Cod., Section 1010, Titl. 11, V.s.C., provide. in lMrt: "'"!Dever, . . . . . JIIoIk.. 5S.S utter. or ubHs. . an st.t..nt lcn_i the .&me to be f.ls..... ,pa, , P br II ' n<1 slwll b. fin.d not /lIOn tMn $5,000 or impri.lon.d not IIIOre thm two OJ..r, or both." I I I I I I I I I I I I I I I I I I I 94 '\~, ; . CERTIFICATION BY PROPOSED SUBCONTRACTOR REGARDING EQUAL EMPLOVMENT OPPORTUNln ."O"'CC' NO. .......& 0" ".'M& CONT..CTO- INSTIUCTIONS Thil c.'tilicorion il "quired punuont to Encutiv. O,d., 11246 (30 F .R. 12319.25). Th. i..pl.....ntin' ruin ond ,..ulotio'" prowid. thoton, bidder 0' p,olp.ctiv. cont'octor. or 011' 01 th.i, prOPOI" lubconlroct.I. Iholl IIot. u .n initiol po,' 01 tho bid or n.,otiotionl 01 tho cont'oct ...th., it hOl po'ticipot" in .., p,.viOUI COllt'OCt 0' IuD- eont,oct lubj.ct to th. .quol oppo'tunity clouI.; ..d. il 10. wh.th., it hOl fil.d 011 co.pliCll\CI ,.p.U duo und., .ppl icobl. instructionl. Wh.,. tho e.,tilicorion indicatu thot ,h. lubcont,octo, hOl not fil" .'co",plionce '.port duo und., opplicobl. in- Itructionl. luch lubeont'oct. sholl ba ,equi,.d to lubtait . co.plionce '.port bal.. tho o_or .pprOV.I tho IuD- controct or po;",;1S ..,. t. ba,in und., tho lubcont,oct. SUICONTIACTOI'S CIITlflCATION 5"lKoftuoctor, Nalfte: Add,.u: 1. Bidd., hOI participot.d in 0 pr.viouI cant,oct or lubeOlltroct lubj.ct to tho Equol Qppottullity ClouI.. V.. 0 No 0 2. Co",pliOllc. ,.porU ..,. ,.~ui,.d to ba Iii" in conn.ction .ith such CHt'.Ct GlsubcH',eet. V.. 0 No 0 3. Bidd., hn lilO<l .11 ca",plionco 'apo,t. duo und., applicabl. instruction.. includin, SF. \00. V.. 0 No 0 N.n. R.""i'" 0 4. 1/ onl-.' t. it... 3 il ..N.... pi.... ..ploin in d.toil Oft ,.von. .id. 01 this cortilicotiotl. C.rti/icotion _ Th. inlor.olion obov. ;. true ond c_pl.t. to ,h. ba.t 01 ",y Inowl.d,. Hd bali.l. ......& AND TIT~1. 0" IltiNCtt ,1'..... r.,..J I1GN. fU"C O.TI. I I I II I I I I I I I I I I I I I I I 94 341 nC!Ie:. , ClAUD I 135.20 ,...ranc. of c..,Uanc. ntb rel'llaUOIlI, (.) Every contr.ct or agreement for. ar.nt, lo.n, .ub.idy, or other direct financlal ...l.t.nce ln .id of hou.inl, urb.n pl.nnina. development, r.development, or renew.l, publlc or communlty f.cllltle., .nd new community development, enter.d lnto by the Departm.nt of Rou.inl .nd Urb.n Development with re.p.ct to . ..ction 3 cov.r.d proj.ct .h.ll cont.in provi.ion. requirinl the .pplic.nt or r.cipi.nt to carry out the provi.ion. of .ection 3, the r.cul.tlon. ..t forth ln thi. p.rt, and .ny .pplic.bl. rule. .nd ord.r. of the Dep.rtment i..u.d thereund.r prior to .pprov.l of it. .pplic.tion for ...i.t.nce for. .ection 3 covered project. (b) Every .pplic.tion, recipient, contr.ctinl p.rty, contr.ctor, .nd .ubcontr.ctor .h.ll incor or.t. or c.u.. to b. incor or.ted ln .11 contr.ct. for work in connection with. .ection 3 cove~ed ro ect the followin cl.u.. (referr.d to .. . ..ction 3 cl.u.e). .. The work to be performed under thi. contract i. on . project ...i.t.d under . prolraa providlnl direct Fed.r.l financial a..i.tanc. frOll the Dep.rtment of Rou.ina .nd Urban Dev.lo~ent .nd i. .ubject to the requir.ment. of ..ction 3 of the Bou.ing and urb.n D.velo~.nt Act of 196.. a. amended. 12 U.S.C. 1701u. S.ction 3 require. that to the Ireate.t extent fe..ible opportuniti.. for tr.ininl .nd employment be liven lover inc~ re.ident. of the project .re. .nd contr .t. for work in connection with the project be .w.rded to bu.ine.. concern. which .re loc.ted in. or owned in .ub.t.nti.l part by per.on. r..idina in the .rea of the project. I. The p.rti.. to thi. contr.ct will comply with the provi.ionl of ..id .ection 3 .nd the r.cul.tion. i..ued pur.u.nt thereto by the Secretary of Bou.ina .nd Urb.n Development .et fprth in 24 CFl~, and .11 .pplic.ble rule. .nd order. of the Dep.rt..nt i..ued thereunder prior to the execution of thi. contr.ct. The p.rtie. to thi. contr.ct certify and 'Iree that they .re under no contr.ctu.l or other di..bility which would prevent the. frOll complying with the.e r.quire..nt.. C. The contr.ctor will ..nd to ..ch labor orlanlz.tion or r.pre.ent.tive of workers with which h. h.. . coll.ctiv, barl.ininl .Ir....nt or other contract. or undent.ndinl. if any, a notice advi.inl the ..id l.bor organiz.tion or work.r.' repre.entative of hi. c~it..nt. under thi. ..ction 3 cl.u.. .nd .h.ll po.t copi.. of the notic. in con.picuou. pl.ce. available to .mployee. and applic.nt. for employment or tralnlnl. D. The contractor will lnclud. thl. .ection 3 cl.u.e in ev.ry .ubcontract for work in connection wlth the proj.ct .nd will. .t the direction of the applicant for or recipient of Fed.r.l financi.l ...i.tance. take appropriate action pur.u.nt to the .ubcontract upon a findinl that the .ubcontractor i. in violation of r.culation. i..ued by the Secret.ry of Bou.inl and Urban Development, 24 eFa 111. The contr.ctor will not .ubcontr.ct with any .ubcontractor where it h.. notice or knowledle th.t the latter h.. been found i. viol.tlon of regulatlon. under 24 CFa 111 and will .ot let .ny .ubcontr.ct unle.. the .ubcontr.ctor h.. fir.t provid.d it with a prellmlnary .t.te.ent of .blllty to coaply wlth the requlr...nt. of the.e relul.tlon.. I I I I I I I I I I I I I I I I 94 341 a. C~pliance with the provi.ion. of .ection 3, the reculationl .et forth in 24 era 135, and all Ipplicable rule. and orderl of the Depart..nt i..ued thereunder-pfior to the execution of the contract, .hall be a condition of the Federal financial a..i.tance provided to the project, bindinc upon the applicant or recipient for .uch a..i.tance, it. .ucce..or.. and a..ian.. Failure to fulfill the.e requirement. .hall .ubject the applicant or recipient, it. contractor. and .ubcontractor., itl .ucce..or., and a..icn. to thole' .anction. .pecified by the grant or loan agreement or contract through which Federal a..istanCe i. provided, and to .uch .anctionl a. are .pecified by ~~~ I certify that 1 have read the Section 3 Clau.e and aCree to co.ply with the provision. contained therein. Date Signature Company Na.. Addre.. I I I I 94 341 i: I I c I 0 4 z Q C I .. ~ u > .. , " ..::: 0 , 0 I .. Q .... " "-I .. c: II .. III ell ..::: III .. ~ I ). C "-I u 18 (.) ... 0 ~ ... :. - CI: ... ~ I~ c :! III ell - c: :E Cl ~ ell \,) (.) ~ ; ct CI: I ~ II I ~ - :E Z ~ .~ ~ I 0 '0 I ~ ~ ... > (.) ~ .. III I ~ . c " ~ Cl .. U ~ .. .. C,J .. > I 0 .. 0 a:: !l: I ..- :t .. - 8 .. Q I ~ .... c I s .. II) u ~ OJ ... ~ c I ell G) :E III U ... C .. ca 0 c I ,- Q. - CI) Q. G) 0 .. e a: ,- 0 CI) ... ... I. u ... .. I 10 0 C) .. ~ u ~ 0 (.) c 0 .. ca c ~ ,- u. ... .. c ... > CI) ... ca 0 u c G) ii .. ~ - c > I - .. ca .- 0 0 0 ii - ~ .. ca (.) '0 " Q ... ~ (.) .. C :l c: 0 .. .. 2 0 I .. ~ - .:; II (.) .:: OJ .It 0 - ": c: ; ii ~ ~ :l I - ell C c: c: ii .. u '2 - ... :l C ~ 1i c E E II ~ C 0 ... C ~ i ... u 94 341 \!t! 11 Il~t .c \ II Iii IiZU. h i 1; l~ r I U . Ii I.'!tli hill jl . liI;U i1 I 1-11111 !l Iltt:il ~i : 13.ll.& !jljr=ii HC 1!1~1I ~t I ~ I -luH 1'1 .1 I"i".~ 2_.0_ irsl.1 II Ii i II!m Ii It!1 Ir. i i .. I I I I . i ' i ~ - I o. I ! J I ~ I i ~ i 1"0 Iz1.1:ll c u ~ ~ _ N .... 1ft i u t .. . i Iii i ... .. .. ~ J S~t .. I i 8a ! ~ i I ... II"' . i! ill , 8 1 g .. r i l . ~ - 5 ~ ~ I . o ~ I ! -0 . . -I - V ! 1 l ~ ! " - .. c C . . > .! 'at . C E . . J = . c 1 ! ~ ~ . C i I . I - z ::\ .. - . '" ~ J 1 ~ o ... ; ~ ! 1 .~ : \i - " ~ " l ~ ! ! 0 . J i - ! ~ CL c . . 0. I ! E j Ii ~ a w . ! :; .. .. V . ~ . - ~ " ~ - i'"ii ... . "I U ! '; it ... . . 'i 2 r i " . ! i f . I u I i - - r r . . I I . . ! ! I I 00 : I .. .. 00 . 11 ! ; - V - l " J I i . .. ; t I I ':1 > t i ,.. ,.. ..'I i i Jj II I c ~ ~ . - - ! I ! i I · · .. ~ ~ = i I c . ~ !: f & 8 .. ...: .. "' ~ ~ c - :I .. '" c ... .. ;; .. i ~ ... .. Q - ~ C I o II .. '" .. i .. '" .. - a ...- ~i i till Ivl '" !1I i c - ~ 1 i III ~ o ~ = o I ~ too ~ Z Q I , II: ... = .. U i I j Ii- v .. t Ijj iil ~ cA.. C :I .. j ... ... ; '" .. ... ... ... '" .. i ... c :I '" ... ~ ... c .. 0 .. . . .' .. ... ... ..;; Ii I" a - .. - ~ . >= .." .. ~ . 1 '=".i -.! . - . 'V ..11'"' u ~ :: i .. I · .'e,r,'" "> u c 11 = I. . ~ ... ~u .. ...J . . ~ o!!! ;2 III C .. III U I 94 341 I INSTRUCTIONS FOR COMPLETING CONTRACT COMPLIANCE QUALIFYING REPORT . I I I. JOB CATEGORY e,l' .1 10 t)I corno1lltd tor ,II hll.d lOti uteqOf~s of .mpIOy"" D.'.nttlOM; Adlft..Ustr.ton: OCCUDlt'Ot'lS .trucft ,.oUI" ,"'1 .moIOV"' ..t tlf'o~ gohClft. ,.erel" ~III ,noo",.OI"IV 10' uecul,on 0' ,ft.. OO:lcln. dl,ect ,"<I",.<lUII OI01',mentl Of I SCMCl.1 ph'" 0' I'"~ COfttrKtOrs DOer,,10M. Of DtOWtCte soec"h1ecl conwlIl'IO" on II "flon,1 d,strlct 0' .,. DlId. '~Iud": <I.tecton. cStouty dirlCtGn. deoart......n' h'lIds. conua""" fori""", "',*,,1_1. tnlOlCtOfS. ana luftdred WOlke". P,ollllioNI: OCCuOllIOf'l' _he" reau'" IQKI,lizld and '''tOt,..cal tlnowtH9t w'ueft " "waU, ICQI,llrld ''''0.,9'' <e01I", tr'I",n, or Unou'" wotk ,..,.,tlnc. and ot"'" UI.nl"' lllIff\lCft prOW10II comDIt.r.tt knowt'd9I. IncludeS: ptrlOnnel It'd IMJOf "I.IIOM work.n. soc.-I work,", dOCtorS. ptYcl'\0601"'" ,,,,,"ed "u'''''. economl'ts. dt..te...... ~*\l''''. Sylt.m 'ft.ly"S, Kcounll"IS. en.."...... emotDVme", and ""o.:.ltOftal r,h.btltl,IiGn Coun.IOI't. "ac"'" 0' I"StruCIO'S. And II.I"ctt,a wor....\. T,ct'"IC.I: Oc:cuDI'tOM ""tuc:f\ r,QU1" . comb,NIIO" of bIIlC Kte'\t,hc Of lechnlUlI .nowl'. .nd ""nUll ,.ull -"left "n be CD",ntcS Ihrou9'" SellCllhled POlt'MCondlrV "''''001 education or 'hrou9" .0UI"",I,n, on.lh..tOb ",Inl"l- '"Cluan. Compullf plO"''''''''''' .na 00er110rs. Clf'lftlmtft. I'IN'Vorl. IIctnsed DflC,al "unn. ot'lO'09"p""'I. radiO ooer'.torl. 'tcl'lnlClI IlIuI,rI101'I. "1"'waV 'lChnCliln,. 'K"nICI,ns lmedlcal. dlft"'. ,llCtrOnlC. phVSlC11 Kl.nenl. .""Ion. In"'ectOtl. and IL ,ndrlC war."I. 511,,: OCCUOllIon, tn -.f'lICt'l ,,,, IC' of stlhn9 ,.ILII Dlace; ,aCh'''9I of orOOtrty of '''V lunG. or ot SIN'C" for .n..,eect ",m of l'ftOnfV 01 0'"'' vlluaDt, con'ldlflttOn. 0", emolOylCI · · trft"hn919'"' or rfOlnl"'l1lv' 10 ull goodS or """eell. Offac. Ind Clerc": OcCuDl'IOt'lS ,n ~lCh worlL.,.S ... ,..OO"lIbl' for InllfNI Ind I.'erft,t co","","tCI,tO". r.ardin, Ind ,.."..,,1 Of dill ,fKUOI' Info,,,,,IIOn .nd o,Nt pperworll rlClU"ed ,n I" offiCI. lnctudtl: bOOkkl,,*I. ucrl1.rtn. offici f'NChine ooer"on. cl". 'vo"tS. S1.ft09'.O.....,. SII1"'tCII Cl...ILS. CI"'""'''. OIY'''' cltr.I. ""111'"'9"'. .nCllLlnorld worll..... Skill..: OCCUOl'10"' In _ItCh 'IlfOrUfI _form tobI wheft "q",'" '"'telll fftlftUIII slllIl. 1 t"orou," .MI cornptel\lmNe kftO~eG9I 0' I'" grocn,n IftVOlved 1ft ,ft, worll. """0 .. ecQU.,ed ,"fa,",," Oft. ,h.. lab tr"nll'I,. ..oe....ne.. t..'oul" aQOf,nltel'l"Up or o'h" 10ftNII tr.,nl"' P'09"""''' I nchu;e" m<<".,nlr.l .nd 'eDI"""'". tI<<t,M::"ftI. "'.... ."",p""lnl OlMf'lfors. ",1l0ft,'V c"9'ft8II". ,aulled tftKhl"~' occuC)a1IOftS. c.,g.n,...,. .nd CO"IOOIIIOn and ty1Mllnen. end lL,ndr.d WOIk.n. 0""1'" (s.""'''.....n: O"YOI'ioM in wftictl wo,k., IF' .,,.,llv '.llIld. or CIO.", m8nuat work 'hl1 'lGu..... onty hmlllG 1"ln,"" ,_""llftel or llftO_tOII. I I I I I I I I I I I I I I I l..bo'''S CU,.ull"l: OeelolOlllOft1 In """,eft' wO'.... O,..fO'''''' , ",.,,,tV of ffta"~l work In ,ft. ~1"IIf'l.ncl. r'D'" .na const'uctlOft of ",gr.MV'. IINddl"". .nd 01"" t.CIIII'ft .... unSklll.d tlIfOIk. wftO tlrl"tl '''"'''111 to. ....d don D"""',IQ',, wo,. lor. ,a,llld "'."1 In It'''. s.rwce Wortl....: OccUOluon, in w'tlch ...or....,. oer'o,", ~~fttl ",,"ch rewlt 1ft fII contrltM.Itl to thl com'O". CO"""ftllnc. ..0".0 ."d caf'l of bu.ld".. facllilt1S or I'O,","dS at pwbhC p'OO.,I\1' Work""" "US 9'OWO nwy overl11 machln"y. Inclydft: c:lWwffeun. Leu.., and dry elll"'''9 ODtr"lv". "wclI. d'wer,. tluI drNll'I. ...... IlbOr"'. CustOdll1 ptrsonn'l 11'*"'" .nd .ounclk........ '.f.... COUectors. Conl"\oICIIO'" I'DOr..... II. CURRENT WORK 'ORCE T"" C4llgDfy i, . nllu..IlI th. COfttractor', cu""" 'Inu'O\,"""' ".'us. A TOIII ",unlJlf of .."IJ6oYlft: T'" conlfM;'Of II to "II 0..,' "'I, 'a'.. numbel' of """""cun"ll, .....ov.. ,n .1Cft ,,* ca'e$O'V 8. 811Ck: T'" co"trlCtor .. 'a Dlace tM cun"'I ft",""" ot 8l<<k .mpIOV", In .... IIDa I" I"'. COIu"'" for IlCh 100 CI,..,orV. C. HtllNfttC: T'" con".... II '0 0'" t'" ,,,,",en' fIIul'f""" o' lmotov_1 of H,..ntC or'" in IICft .a ,n 1"" COlumn tor tlCft job ca,_V. D. AIIeft" 'Kific IsaancMn: Ttw contr.ctor II Iff 0I1Ct ,,,. cut"nt nyl'lCllf of ltI\OIoytn of A.... or PIClfic IlIand OfI'I" In .. bO- .n I"" COIuIM for .. jot! CI1tIO'V. E. Am'fle'" IftOIIn or ..1.,,-" H.'.: TM concractor 1110 D'K' tM curr"'t "w...... of AIIMfUft : jiaft or AI.kln """.w' .mpIOVIII In NCft DO& in thilcalu"," . " oc" joO Clt...V. F. TOIII t.'i""IY~ TM ""..- 10 1M plececlln UCt! bOa 1ft Ut" colVIN" un till rMCftH ... ...... 'M CUrrlftl ftUmtMrl of aiR". HtsOlf'lC. ....... ,..dic tlllftdll'. .."",cen Irteliln. I~ A:"..an fllIIIW etftP10ltft'IWI'Iltlft 1ft tM fow, oreviOul "urnnL G. Tot.. f......: In lICIt bOa in "'.. COIUrM 1M conltKIOt IS te ptace "'. .ul ...rfOIf 0' wltict. fftil'tOl'itv flf"". '~'OVICII' IICh lOb c.itftDlV. III. UNDERUTILIZATION To IltaD"'" wtaI1..... wndlfwtililltiOn .a,s". I contr.c,or st'Ololtl eII,...mlnl _eth" the "locll Minority" oerc",,,,,, ,nd "lOll' t,~I~ perctnll",oO In NCft . ct....iClCtOn .... IOWII' ,"'" would rtlsonabW bt ._geel" bY 'h.... .........,y. AftII' mall.... ,.." COt"","'IOf'I. 'M c.."rxtOf tttQulC u."" ~ .;"<<:- (II In 1M hOa lh.' IUUI'" t..V.... or "no"1 for ,ac" nlttO'V. IV. ANTICIPATED HIRING Th. co,..,.tor SftOUld 1111" dtt number of ''''DIO''," tl"l contractor DIIM '0 .... bOlh "....tlQftlJl ttftOlov.n ancs,'pI"I"","1 for ,ach 1M cactlO,.,. I 94 341 I APPENDIX I I I Category Controctors eKcopt construction PrinCipal BUlin.. Location 50n Bernordino County Gaol. Poritv With Riverside' San Bernardino. OntariO S. M. S. A. I I Controctors except construction With,n Los Angeles. Long Seacn. Orlnge ond Sin Diego S. M.S. A. LOCII S. M. S. A. I Contrac:oiS ex~ept construtt.~r, Wi::-,,~ ;:';i:-,r:"li.. but r.ot Sal"'. a:::;"it;:OI~:'. Orange, Los An~.,es. San OieiQ S. M. S. A. Area bUSIness locoted. unl." ho.. offices in Ri..rside . Sin 8.rnordino . Ontlrio S. M. S. A. - then paroIY same .. Number 2 abo... I C.:J:H!"ac~ors f!;(:aj:t Cu,..Ct' C.iitornii Principal plICa of bUSln.ss I c~nstru;t.or: I Cor. ::'i.:tO:"S eJ(cept co"'s\n..c~icn .~/;'. i..ec.i suff Plrity wtth Riven:oe . Sin Dernordino . OnlltlO $. M. S. A, Construction Contrlcton NtA Riv.rside . Sin B.rnardlno . OntarIO S. M. S. A. I I GOALS FO" WOMEN 1111 CONSTRUCTION I On A;>.-.: " 7. ~ 678. :~.e ~':>art"'o.,: of Labor. Offico 0; Fodor.1 eontract Complianc. Proor.ms "tlilI,s.,.~ goals 10; :t.E ~.:'tlcip.tion 01 women in the construction industry. Theil goals, 'Nhich shaU appjy to au work forco io..... c..ogor..s. crafts. skills, and appr.ntlceshlps, are th. following: I Tim. frame Goals lin '.rc.nt) I April I, 1978 - March 31, 1979 3.1 I April 1, 1979 - March 31,1980 s.o . April 1, 1980 - M.rch 31,1981 6.9 I I I r I I I I I I I I I I I I I I I I I I I. 94 341 AFFIRMATive ACTION POLICY FOR CONTRACTORS AND VENDORS N",.. of Co",,<<tlN .dopts ,IIi. pi'" '0 dU.... its .uppor, of . prolr.... of .qual .-,Io"..n, oppor,unity, .nd to ...ur compli~nc. wi,lI Eaecu'i.. Ord.r. 11246 .nd 11375, Ii,l. VII of ,II. Civil RiJII" Ac, of 1964, S.ction S03 · tllo RolI.bili,~,lon Ac, of 1973; tllo c.liforn.1 F.ir Employe.n' Pr.c'~co Ac" .nd tll. implementlnl .n",y' ArUm"I'. Action Coml'li~nco Pro;ram. Ill" con,ractor 'Iro.. '0 ....re 100d.rsll.p wi,lIin 'II. to",,,,,nl' .nd '0 put for,lI lood fll,1I effort. '0 .chio". full o"plo"".", .nd u,l1lZ..ion of ,II. c~l'.bilirl.. or ,roduc.c.iv1tj' of all our cJ.t1u:ns wlthout re;ard to ra'., &1., COlOf, "s.., fellaion, .nclstry, nation.:. ar1;ln. ~r1c~1 status, or h~n41~.p. This contrJc~o' further r.cognius that thl effect'..,. loolicatiO~ of I POlicv. of eQIr.Il emplovm.nt oooortunitV invOlve, mort \han ;ust I poliCy stat,m,nt "nd will. therefore. undertake ,ff.rmalIY' IC1I.on to :'nlk. known lI\lt IQU,J oopo"unlt1tl I" rI,il.bl. on tht bl'IS of Individult mInt. and to .ncour.IJ' advancement on UUI basis.. Th. follow,ng AHirm'livo AClion Program IS h.rol)y e".bli.lI.d U IhI policy and ptac'.lca. of our comp.ny: In,,",clions: Indicalt your policy by circling Ih. .pplicabl. I.nor to tIl. lite of.acII iam bllow. Th. I.n." art 10 bI inltrprtl.d IS ;0110"': A. This is now. pracliu of our Company. B. Our Company w,lI .dop, IlIis policy. C. Our Comp.ny c.nnol or ...11 nol adopl this polic.,. If "C" i. circl.d, .xplain ,uson. Use ..parll. shltt if .ddilional sp_ is flftdtd. CitCf. ll'ms On. 1. Our comp.ny sll.1I recru" and hire all employ.es wi thou, r.gard 10 raca. age. color. .... religion. .nuSlry. : A n~tionli origin, mltlt,1 ItltUS or h.noicIO. Ind will tr'I' aU .",OIOVHI 'Qu.lly in ,apect to como.ns'tlon and oClPonun1tJIS for .dvanc.mlnt. l"cJUGa"g upgrading and promo'llOft. B C Explai" '.C- 2. Our company will activ.ly u.. recruilm.nl sources such. employ....nt a"ncill. ""ions. and schools wftic.'\ A II... . policy a. r.f.rring applicanu on . nondlScnminllary basis. B C Expl.i" '.C-. 3. Our como.ny will dissemittltl its .Hirmltivl eaion policy .xternally by informi"l Ind ~iscunin, at with .11 A recruitment sources. bY ,ayertlsl", in n,WI medii. sCtecificaUv inct...diNJ minonty news ",.Chl. Ind by notIfying .nd discu",ng I'" policy WIlli .11 local minorilV. handicaPllld ancI _,,'s OIga"iul'ons IIIcl B ,ubcon'rIC~o's and shall main,.." rlcordS of thl orglni,zations' rtlDOftML C E xpla," '.C- ! .,. Our comp.ny sII.1I m.k. specifiC and consunl p.rsonal. wriu.". and oral recruillSltnl .f1ons dirtCled at all A Ioc:al minorirv. lI~ndic.ppec/. anc/ _m."'s OIganlulions. incluc/.... schoOls. lICf\Iilm.nl .nd tr~lnf'" organ"lIions. 8 C H hpl.'" C- I- II I I I I I I I I I I I I I I I I I I Ci.cl. . 0... 5. A . C A B c A 8 c A B c 94 341 lit.... Our CO"'Da"" ,h.1I m.ke ,oecilie .Ifo",IO ...eour..,. pr_nl ...inorilY, Nndi..-d and._ ....glo..... 10 'tc.u,1 Ih," t"."el, .nd...lativ" w/lOM nllllS allO comet undll dial 01 ...,nOl'IY. NncI,eaptltd or _...en. E Api.". "C" 6. Ou' comoa"'O ";11 ""'""'n . fiI. 01 tII. "....n ."d add'..," 01 IIch ...i"o,;1Y .DDlic,"1 a"d I.",al. aDDlica"l r.t.".d 10 I"' co",oa"'O for ""'n'lo .nd ,I III. aDDlicanl ;1 nol conlid..tCt 10' ....Dlo'O",.nl O. w.. "01 .mDlo'O.d, tII. comDan"', til. ,lIould docu....nl \IIi, ancltll. IIl1onllllll.lor. EAp/,m '.C~ 7. Our company Ihal1 "otUy the llD11l....nttni .nttty Contract CompU.nc. Offtcer wh.n the unlon or unlon. with whOll our coep.ny h.. . col1.ctl'" barldlltlll 'Ire...llt h.v. 1I0C r.f.rr.d to .ho company' .inority, halldtC.pped, or f...I. work.r ..lIt for by the compallY or .h. cOllPany hat other lnfo.....tlo11 that tll. unton referul proc... II.. lItp.ded the comp.ny's .ffort .0 .... the eltabllsll.d loals of affl.....clv. .ctton. EAp/,m "C" 8. Our comD.n'O will acliVll'O I,k. 11.111 10 inll9rall ,ny DOli lion" d.ptt'llMnU 01 plant localionl wlIich NV' no wom.n o. m,nollllll o. '" aI...OII ,uff", "';\11 0ftI plllicul.. grOUCl- EAp/,m "C~ A 9, Our comD,n.. ,h.1I iMU" \1111 ,II ""po.... opecificatiOM, selIClion _i......nu. InU. ancIo\ll.r ....DIOy.. ..c.uilm.nl o. ...aluatlon prOClOum dO nlll discri...in.lI.nst ...inorilles. lIandie.pped. o. -.... 8 c E Ap/,m '.C"' A 10. Whll' ..ason,bl.. our comDl"" ,h.1I d....loO or linane. on-the-job Ir,inin. OOOonunitin and D.nie;D'" .nd anin in any ,noeiallon o. ....ploy.. ,.ouo uainin, pr09...... 1I1....nllo \II. company', employ.. ntt<l.. 8 c E .p/,m "C" A 11. Our comp,ny ,h,1I conlinu.lly inv.nlOry and ...a1u.1I all minorilY, Nildicaooed. and fe....l. 111"0.....1 lor p.omolion oPpo'l\In,1I1I and .ncoura.,. m,nOll1Y and f.lftIie .mpoyen 10 Me such opponunilin. 8 c EApl,;n "C~ - I 'I I I I I I I I I I I I I I I I I I .- CirCl, 94 ~.11 It.'"' On. 12. 0.., co",o,nv ""II ""k. IUtI Ihlt ""iO,iIY p'Ktlen. job elau,liClIIOf", "'n 01 ~Y. and o\h" 10''''' d. A CO"'oln....on. ,nd othe, ''''1l10Y'' prael,e" ."d el.uilic.1lion, dO nol II.... 1ft u"I_lully lIi,er,,,,,n,,o,., """CI on h,nd,c'OIlId. """O,IIY or lemll. .",ploy.n. I C E 1Ip1.,,, '.C" 1J. Our COrnOlny W,II m,ke crrtlln thlt all facilities normally used concurrently by .11 comOlny activities 'fl A nO""9"9,) ted. I C E IIp/,m "C. 14 Our cDIIlplny shdl ....k. certa1n thlt aU .ubconcrlcco:s an 111 com" 11,I1C. ..ith the A . ArUmative Act10n Complllnce Plall of the 11O"l,,,,nt1r.; ,nUcy, IlId lhac III project s~bccntr~ctors hive an ,,,prov'd Aff1rmlciv, Aceioll Pllt1. I C Ellp/,m "C. IS. Our comC)Jny ,"aU solicit bids '0' subcon".cts I,om mino"lY subcontractors .nd '.m.l. ,ubcon\flCto~ A lubi"-t to ,v'liablllty. I C Ellp/,m "C'. 16. 0.., eO"'Oany sh.1I ",ak. ...ry ,ffort to p,ovid. ah" scIIool, summer IIId v...lion ""Illoym.nt 10 ",inoriIY A youLlls. I C Exp'l,n "C" 17. Our cDIIlplny sh.ll continually _icol III personn.l .ccivttl.. CD lft.UTe ell.c chi A 1""I....ne1n& entity's Aifi....civ. lleUon Po lley fOI Collcrtecors and V'lIdors it c:.rl'ied ouC. I C Ellp/,m "C.. D4'. $;"..,.". Ti'" - ... - . I I I I I I I I I I I I I I I I I I I 94 .341 CI.TlrICATIOM 0' COMPLIANCE WITH All AND WATt. ACTS (APplicabl. to ,.d.rally allilt.d conltruction contractl and r.lac.d lubeoneracCI .xe..dinl $100,000) During the performance of thil coneract, the coneraceor and all subcontractor. .hall co.ply vith the require..nel of the Clean Air Act, a. a.endld, 42 USC 1857 .t ..q., the Federal WaC.r Pollution Control Act, a. a.end.d, )) USC 1251 et seq., and the r,culationl of the lnviron..ntal Protection Ag.ncy with resp.ct thereto, at 40 cr. Part 15, AI a.ended, an1 Executive Order 11738. In addition to the foregoine require..ntl, all non.x..pt contractor. and .ubcontractor. Ihall furnilh to the own.r, the follovinC1 (1) A Itipulation by the Contractor or .ubcontractorl, that any facility to b. utiliz.d in the performance of any non.x..pt contract or subcontract, is not list.d on the Li.t of Violatinl raciliti.. i..ued by the lnviron..ntal Prot.ction AI.ncy (EPA) purluant to 40 Cf. 15.20. (2) Aer.e..nt by the contractor to co.ply with all the r.quir...ntl of Section 114 of the Cl.an Air Act, a. ...nd.d, (42 USC 1IS7c-l) and Section )01 of the Fed.ral Water Pollution Control Act, al a..nded, ()) USC 1)11) r.latine to inl,.ction, monitorinl, .ntry, report. and information, a. well al all oth.r requir...ntl .,.cified in .aid Section 114 and s.ction 301, and all reaulation. and auideline. i.su.d thereund.r. ()) A stipulation that a. a condition for the avard of the contract, pro.pt notic. will b. eiven of any notification r.ceived froe the Dir.ctor, Offic. of F.deral Activiti.., EPA, indicatinl that a facility utiliz.d, or to be utilized for the contract, i. under con.id.ration to b. li.ted on the EPA Li.t of Violatinl racilitie.. (4) Agr....nt by the Contractor that he viII includ., or cau.. to b. includ.d, the crit.ria and r.quir...nt. in paralraph (1) throuch (4) of this s.ction in .v.ry non.x,.pc subcontract and requirinl that .th. Contractor viII take .uch action as the Gov.rnaent ..y dir.ct a. a ..an. of .nforcinl .uch provilion.. I c.rtify that I have read the C.rtification of Compliance vith Air and Wat.r Act., and acre. to co.ply vith the provi.ionl contain.d th.rein. Oat. Sienature Company Na.. Addre.. - I I I I I I I I I I I I I I I I I I I 94 341 FORM OF PERFORM~NCE BOND That we a here1nafter called "Pr1nc1pal" and hereinafter hel d and f1 rml y bound unto KNOW AL~ MEN BY THESE PRESENTS: called the State of "Surety", are here1nafter of ' in the pena 1 sum of Dollars ($ in lawful money of these Un1ted States, for the payment of which sum well and truly to be made, we bind ou~selves. our heirs. executors, administrators and successors, J01ntly and severally, firmly by these presents. ca 11 ed "Owner" THE CONDITIONS OF THIS Principal entered into a the day of is hereto attached and of: OBLIGATION is such that Whereas, the certain contract with the owner, dated ,19 ,a copy of which made a part hereof""1'O'r the constructi on 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, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract. and shall fully indemnify and save harmless the Owner from all costs and damages whi ch it may suffer by reason of fai 1 ure 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 I I I I I I I I I I I I I I I J I I I 94 341 IN WITNESS WHEREOF, counterparts, each one the day of this instrument is executed in six (6) of which shall be deemed an original, this. 19_ Pnnclpal (pn nCl pa 1) Secretary (SEAL) By (Address) Wl tness as to ?rl nC1 pa 1 (Address) surety ATTEST: By Attorney-In-Fact (Surety) Secretary (SEALl Witness as to Surety Address (Ad.dress) NOTE: Date of Bond must not be prior to date of Contract. I I I I I I I I I I I I I I I I I I I 94 341 FORM OF LABOR AND MATERIALS BOND KNOW ALL MEN BY THESE PRESENTS: That we hereinafter called a "Principal" and hereinafter called the State of "Surety", a're held , hereinafter firmly bound unto called "Owner", in the penal ,UIII of Dollars ($ ) in 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 prlsents. 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. NOW, THEREFORE, if the Principal shall promptly make par-ent to all persons, firms, subcontractors, and corporation. furni.hinl ..terial. for or performing labor in the prosecution of the work provided for in such contract, and any authorized exten.ion or 8Qdification thereof, including all amounts due for materials, lubricant., oil, la.oline, co.l and coke, repair. on machine., equipment and tool., consu.ed or used in connection with the con.truction of such work, and all insur.nce premiums on ..id work, and for all labor, perfo~d in .uch work whether by subcontractor or otherwise, then thi. oblilation .hall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the .aid surety, for value received hereby stipulate. and .gree. th.t no chanle, exten.ion of ti.., alteration or addition to the term. of the contract or to the work to be perfo~d thereunder or the .pecification. accomp.nyinl the .... .h.ll in anyvi.e affect it. obligation on this bond, .nd it doe. hereby w.ive notice of any .uch change, exten.ion of time, .lter.tion or additian to the term. of the Contr.ct or to the work or to the Specification.. PROVIDED, FURTHER, th.t no final .ettle..nt between the Owner and the Contr.ctor .h.ll .bridge the rilht of .ny beneficiary hereunder, who.e cl.im may be un..ti.fied. I I I I I I I I I I I I I I I I I I I 94 341 IN WITNESS WHEREOF, this instrument is executed in six (6) each one of which shall be deemed an original, this the 19 counterparts, day of ATTEST, Principal (Principal) Secretary (SEAL) By (Addre.. ) Witness .s to Principal (Address) Surety ATTEST, (Surety) Secretary (SEAL) By Attorney-In-Fact (Addre..) (Address) I I I I I II I I I I I I I I I I I I I 94 341 II LAB 0 R S TAN D A R D S A N,D PRO V I S ION S I 94 341 Federal Labor Standards Provisions I I ......~ 'The"""'" 01 Pnogtam to _... -- - ._11'1- .-.cl .......... .. _"9 ........11'1... ~ S_ '" A_ - .. ... -'9'-" ~S__ -.... -..- 1ft'" Connct IlU'-" ID'" __" ~...DIlt to ....~ '_01 ....-. A. I. (Il ...._ W..... All _... .nG ....no"... -~ 01 -- '''9 UOO" ... ... '" \Il' won< (01 unGtr ",. UM'" Sit," HoutIft9 Ac' of 1131 01 ...., '" HOullng Act Of ,tI' I" .... con~ Of "11.a~ .4lI.1 "'... pro,ec:II. WIll De Cltl" ullCOl'cl.-..ty - "01 - -- ..... -. _tnCl wilIlOUllU_-'- or __ "".,,., _I- _ pe.,.oIl cIeClUC1IOIlI II ... ....""-11'1 NgUlaOOIl' - 11'1'" ! .IIIY c11.al101 unGtr N CootItIld Acl (2t CFR PtIl 31. ",. lUll -- '" ~ _ IlOIlt ftclt tn,. DtMlIlt 101 _ __lIItIeoIl- · _ 01 CIt.- compultCl .,.._ noI_lNIItIlOM - .. ... .. ___ oIN StcIftI'/ 01 ~ -.. ---- _ a'" twtoI. teptcl_ 01...., _,tI_.OIlt/lOCl-"'" De tIIeOtlllD _ _ N __ _IUC/I_"'_ .__ ~1lulI0IlI _ 01_ ..........., .......CltltclIOlIlOllt _ ... DtNfilI_ s.c- IlDll2l cI ",. OtIM.lltcOft Acl OIllllNll 01.......- 01 _co ... __ .tlI"I CltOClto ...... -... 01 __ IUDteClto N ~ ",a Cf,".5(aM1MIY~ _._Itr .......- _ or ...... 0IlCU1T1IO tor __ ..... a -.., ptnlIll (buI 1lOl_ _ "'"" Q...."triyl unGtr DIltnt.lUnGI. or programs. -- ",. ....-....... -.., per1OG. ... _ to De COIlIlruClNely _ 01 _ "unng....~ _kly per1OG. SucIllt___ _ meclWl... _ De CltOCl tilt apprOD"" ... .... """ tInp DtNfiIl OIl .... ... __ lOIN Clt..,__ "'- ICllltI1y 0.11_. ."""", _'eI to 1kII1, ...tIll II pr_ .. a CfR PtIl ~.51a"~ UllOI... 01 .....lWItCI porlomll"9 - 1ft mote ..... - ....__ may De com_.....,.......... __IOt__- .0Il1or__ tc1UtlIy _ _~. Th8I tilt ~I~' roll _ accUfIItty llllorl1lN"" 11*'1 1ft _ elauoiCaliOn .. __..~ 'The..._ (-"9"'" IUi1iQI'" ....-......,.. _ wage .._ __ _ a CfR Pill l5(aI(1J(11) - ... O"".IacalI_ (WH.1321) INlI De _ . III _11'1'" can- IJtclOI _ ilalUllCOIlltKlOlS.. N _ "'N -.. . "'-- - __.,~ plaCe __ ,.can De UIlIy -11'1"'- (I) (a, ""'" dill of....... 01_ _ OIlIClIli.-clin'" ..-...__......II..De_IlIO;ICI_...__ bIl.....A'Ied itt cantorrnanct wnI'Ih"" J&~ftlh Ila .. MUD..... a_'" tela'b_' ......tlcab"" -...... - tnnge-- \Il_ only._ ... 1Ol'-<lg ....... no.. -. - C11'The _to lie I*bmeclll'l'" __ _ '..lIOI p.tIo.......d by. daUefic:.abOn 1ft h.. Ji_m. ta an; aNI (2)'The__..ull1lzlCl.....-II'I..COl_:.= . i".,.,..,._ PI 'The 0I0Il0- _ _ ......,.,..., ...., IlOIlt - fri"9t - lIII. DttIS . __ ....bQllt/lIp.. N .. .... __ in .. ..-- (III.... ...._ _.....1lorwI Mcl_1O De tmIlIayICI ..... __ (d k"OW"~OI_"_ '"" HUOOI. ,,__ ag'. "" ... Clt_ _ .age ,.. 1iftducli"9 ... - cleIogna_ 101 tnnge Dtl1lbll ..-. __~ I '-' "'...- laklll _ De .....11'1 HUO 01 011 dnlg_ ..... _....101 "'... w. and Hour 0MII0n. El'ftptoymeftl S&lncs&rdI Adm..14l1no1.. U.$. ~.._ll 01 ~. Wu/lInglOII. O.C. 2Il210, TIlt _...._. 01 an a_1CI ,."..___ .oll.-. mocloly. OI_~ o.e"...., ..anon.. ......- ..._ _ Wl\IlIft 3Odtysol_IlI_IO_HUO orila_ g.. or ..... ftOIIIty HUO or ItI G_II_ wlChen the 3C)..4ay penOCS .. 11.......... ,. . --..-"'t. (AoptovecI by" Office of ~ and .... _ OMB _ "umtler 121~-o14O.1 (el In ... _ N .......... N ItDOIn 0I1NCNIloCa ID De -..1'I.pkJ,. in" ClalliflCltaon or 1t'leI, '........IN..1ftd HUD or. "..... ClO -Ill- OIl "Ill '~'l1cl dtUolIca_ - ... ... ~ncIuClonll ... amount _~ lor Iritlgt --. -- Ill~ ""'..... I I I I I I I I I I I I I I I I U.I. Ct... ~..4JtI .. ....... 1M ........ D_. . J .4I1l ~ ,r HUO 01 iIa clatog_ _ _... Q- _uCll"9 ... Ylt.. "'IN ._.... _'nG'" __. '" HUO or ..lleOog_...... AOmtnISlraIOt tor a..."...natan. The Ac:Irft-l4WalOt. or In llA'lOrlUd NON. Ml"cnve. WlU IIIUe . ... rmw.ton ~ 30 CIa'll ~ rec8lOf ano 10 IOVtIe HUO 01 III .,..,g.... 01 .... -'Y HUO or 011 aasog"_ ..,\Ill" me 3O-dII, ponoG .... _,_ ..... 01 --V.lAoOI- ll'/ N 0tIict '" Man- agement '"" ~ u_ OMB eo.- ....mtler '21S-01.c).1 - (ell 'The _ raft (~..... - _. -"O"a.., _"'" llU_to~(1llD101('I"'''' Wlll~.- De ptlCllO all ......... ......."""ll won< .. .. __ unotr ... -- 1J1Cl_ ... Am clay 01\ _ _ .. ~"'1Ilell 1ft .. ......A....OIt (II) _.. .. -... - 1If-.Dtcl 1ft'" _101. ...... 01..-. 01 _ __a..... DtneII_ It_ ..~ _ III IlOuJly _... COl.'" _ -llI'I" DtITt6l II l1.l*I JI'I .. .. A~ ..- l . Of .... ., ...... tlona .. fnnVI Dtntfi. 01 '" IlOuJly ..... _--- Ow) It .... ~.l v-.. nac ".. _ffl*. to. ~ or oe..... _.... ..4'.11'._ may __ _111ft"'''' wavao ol...., _ 01 ~ .. amount 01""" - _ AI - : ; 1_ 11'1 OFtMOIn9 IlOIlt _ ..... ....... _ I .. or ......... I"tGo. 'I , '!llat... StcraIalY '" UllOI_ _ _... _ _01'" ""'..._. ....... aplll.l" ___ "'... 0awiI-1acOIl Acl_ -. ..... TIlt Ste'NIY '" ~...., _..._.IlClarIDMt_llIa_ __ _lor'" -. '" :l"gn = 11_..... or 0I0ll'W"- I~ 11'1'" 0IIca '" ""'.gl r... _ 8uclgel_ OMB Carwol _ 1Z1S-01tOJ 2. W.o" J'r.. HUOor"_'Q ..__ iIa__OI_ wnean req..... 01........... '.._~....... DICIJtV"1I Of LItIOr WII\hOId or caUM 10 OIl......... trom.. _.Illl :' under" COttncI 01' ....,_,_ conncl_"'__ _I~'. 01 1IlY- F-.My....- _.......10 0awiI-1cOIl ~.age '.......,... ~ it...... tie __..... ~~1II11 *.10 IftUCft of.. accrued..,~~.--....,..- ..4. ~JII-..,toDIY _____~ ,,_- II__"",,*,, _plOyeclll'l'" COl nCl1 . lIlY ~ 1 .. ;0,- ...lUI_ 01 wagat rtQuoteclll'l'" _In'" _ "'......10 ~ lIlY _ or IftICNnC. iftcIuding My _P" _ : I ......... _._.Id or WOftuftI OIl'" _ "'... _lor _... _.... HouIlng Acl 01 1137 01 under .. HouIlng Act 01'''' in .. ~. . ~ 01 .. I'C' __ Of.. prcIItCIl." 01 ptIl "'.. _ NQUiNIlII'I'" _ HUO 01 .. ~ MeNy.....wriMnnalOl".._.l~ ~ .......~0I0WfWf.. _1UCIl__....,De. ,10_..... ;1_01...., _ Cltymtnl. _ or...,-oI_ _1UCIl 'tiOItl' .1_ -. HUOOl.. dMQ_ may.allIr_ _10"_"'_._ ___ _tor_ an_"'''' ='oIIICl1. or IUD- (;00_10.... ,I: .......,_ID__-- 'TheComl>- tratIer General... IMke IUCI'I"'~. in" CMe of.Net Da.......Acl~,. ~ 2.(I)'.,....____~----..... __De"",-Ilr..._..11:"I CIuMll"_oI"'- _.ICI 101 a ...... '" _ __.... !' I lor.. --- '"" __ WGlang.... _"'... _lOt _... UftolICI s.. Houtonll Acl 011137. or _... HouIlng Acl cI 1"'. in ..._- 01 dl 11_- "'... prcIItCIl. SucIl_......-...- __ _ __ ~ftUlIlDtr 01___.... 0I1l1r_. reel --'1\auIly _ '" wagea.... (lnrf I '9 _ 01_ bOna or COla. ~c Il.-cllor IlOna.............. Of c:aIft 8QUrv*la __ "''''IW* tile .......1lI StcIIOfII4llIl2llBl "'.. 0twII-..- ~ claoIy_~_"'_--'_ ~a,.__""" ~ paIcl. _........ s.....~. '" ~ _ _ _ a Cfll U ltM1J(io11Il1l... wagea '" lIlY _ or .....A..Lic _... a_ 01 1IlY-.-DIy.... ',. ... 1I'0.iolIl........-. """01_ gram 111__ in s-. 1\l11l2l(81 "'.. aa.;a.1cOIl Acl, ... 041"'- ....... ........ ,.,.".. ...,. ..... III ~~MQ II to ptOVIde IUCft I 94 341 e- -""-~"~' Nt N pili' 01 DrOI"I'" ........., tel- "1. ..... JIll" or "01'-'" ftU....~ 1ft -*'1-" or__aMCII'lll'Cl...--_N_- f- orNICtoIII- -- .. jlO4.....1UClI ....... CoM_ ',T_. "' ...... or ...... "'*' .QCW'OVId pFOg,.... aMI ~ _ ...<1'-"'" N reg....-... --- pIOQ'."" - --" ...- 01- DOOQr'- N ......- OIN aw"'~cn -- _ N _1I'Cl.eve ..... DO-- ill NIllP' C,I)IA D009'- ~ Dr N (llIoce "'10\IIII" NIl. 1ucIgeI-' OM. ConnI ....-. 1215-0I~ and 1215-G011J . " (II TIll ~ s/lIIt Il/lIINI wMillY tor -" ...k .. - .", Cf/I'IftCl-" . .........1IIecl . coPY ... all 1111'0lil10 HUD or .. dalQ.... · I... .,rt:'I. . III'IY 10 III connc\ llolI d N I9<<'CY .. not IUCft · 1IIr\y. ... _..,rr- rilllOlllllllllllyrollllON ~~. or_. .... _ ~ IlL tor........-IO HUD or .. ~..... Tile ~ ... T .d ......_OUCKC'. .\vi, aftd~-, 1M of"lt\kIfIMW\ IreQUireCllll lie __ ...- :It CFR "'" 5.5CIl(3l(iI. Thoa__ ....,. lie ....~P"lIIad....., torm_ad. 0pI0nIl Form WH.3oI7 ia...- lor _llU'llOM . IIlIy lie purCllllld _ N SuPan''''' -" ... Oocu" 1_ tF- Slock Nu_ Cl29-OO6.ooll1"'~ U.s. Go."".I)eI~ P....... ClIII& _-90"- DC. 2OG. TIle IIIllM o:oo_..,H/lfIIIIIOIe lor N .' I -AI r 01_ "'lIIyro111 Dy all __ ~ Dy III 0IIi0I 01 MInIg ,...,II'ClIuCI;II- OM. CoM'" - I 121W".J 1111 EacIl ~ su~ I/lIIIlIe _PenOICl Dy' "Sla_'" ~: 1Ill- Dy III conorlClllt fllSUllCor\"OCIor fII ft.. or.... ~ .1lD pays or su..... N PI'I"*" ... N ~ ""pIOy<<I - III I=-"'" - cerlIly N --"'" 111 TIII1Il1 oeyrOlI tor N lIIyfOlt penod C,,"II'", III "'-- ,equired 10 lie __ ._ :It CFR Pori 5.5 lIK3I(ij ."" "".- 4\h",..JTlAIV . corNC1 and COCT~'~: I CJ) TMl_ - or IMC/lIftiC (oncIuc:li.. ..c:l'I ftelPfII. ..-,ce. _ "'.....1 ""~ Oft III convact 0""" N lIIyro11 penod .... _ ,..., III .... wMillY .opa"'-' -. -.. - clorCIY .._Klr.-1IIaIno------ CllteC'lYorllldi' I :If -- ..lull oregeo ...-. - 111ft pormllUOle - · aM _iIl2lCfRPorI~ PI TIII1-" _ fIIlMC/lIftiC ".. - IIIIC1 not leU 111ft N .pp.,._ woge rawll'Cl.......... or _ _- tor...__ 1__al__IoolNll.U~"'Nlllpl'~lI'-"A"""""" oon __ .-..... .mo ... COftftCI. eel n. -'Y sullm'_'" DO~ ..ec:_ ~ aM ....". ... ... ,-'II _ ... 0Il00Nl Form WH-3oI7 ..... 1alIIIY" I ,_._lDr ...lIm,_'" 111"$11_ al Compl'.~- -- Dr paregIIlIlI A.3.(iiKDI ... I"s __ I., n. __lIOn 01 ony.......- --....,......,..... _ or SUDc......ClfII III CMI fII cnmonol "'01"''''''' ...- Sec:loOll I 1t101... T.... II ."" $ec:1lOn 231 01 Title 31 01 ... ~ s- eo.. (III TIw contrlClOf fllSU_''''''''''''' -.. ---- uncter pat'altaon A.3.(i).oI \I'\Ia teaon ~aa"DII: tor M__ :lC'-.. ~ or "_oil'" Dr .-.zad ''''-_ "'HUD or .. ...... Of" I ~ 01 LIDOf.''''''''''' permiI- ....._.._10.......- ~ _.. __... noon..... 100-.... _1ClOf or__ trlClfll IIoIS lD suDlNt tile raQ_"'- flllO_' ",..,. ...- HUD lor........ "",y..1Ier .,,- -.ION -_. -_. 1Illlli' call\. or _.1IlI'__ IIIIlIy lie ''-IUIY 10 ca_ ... .... pe.- alltfy ........lIIyrnon1. -. or guor_ 01_ F_- mor.. ........ IOIUDINIIlI ,_,ad recoroa .llfII' raQ..... or 10 - - ,_._llIe""'YDe~torCll__pu_102I I CfR...., ",2- ..111............. .... T.._ Aw',""" Aw-" will lie per- ...- III work .1 IllS """ .... ~_ ,..a tile _INY per. I - _1NY"'1ftlllIOYad pu- III - ""'MIIuIIIy ,eg_ad "'. _ _ 'pp'.nllCllll'p pr09..... -00-- .... ... u.s. ~ al ".. En\OIC,lI'loent and Tra-""'9 AcIrNf\&11r.'Oft....., Of A~ ~ T_ or _. SIIIe App/..__ A9I"CY ,ec:llll"'led Dr III I ......... or · · per.... .. .mpIo,ad .. "" fII "., _10 ",yo al ",-...., __,........ 1ft aw...-ca WI _ 1ft _e.. 'lip "'011'..... - II _ .....,...., ,ogostereel" .... D009'.....llolI- III. been ~- Dr'" &.,...01 APllfetllIcesftop ."" T....... fII . S\Ite Aw...-p ~ ......._ ....,.-.~..\ tn fW ellOfhMI lot DtoM~nat'Y ~~",'ii6.4 as atl If. ~... TN ..... ,... .. ~ 1 - . ....4,."*. Oft .. ,00 1M in.",.... Clell.... MO...... _ lie ..... -... _llIfl"_O 10" __1110.._---....... ad"'''''.Not _ _ 011' IIIyfOI " .. 4~ .._.. - - II... '..- or _ _... .....ad II ... - ..... lie - ... leU..... N UJl' c.~....,. on "'.... ...,~or tar... e'llIllca)Ol. at _ICWIY pe<lormad.IrI_"""~ per1anI\oftg - Oft .. .. 1M '" .._ al" _ PfIIlllI8ell- ... rag ""ad prOQr"" _lie..., not leU""''' .pplIcallle..... Oft...._- _ tor.. _1ClUIIIY ,..<toomecl. _. -- ia peI1onR." ~..."c..r, 0Il.1lIoteCI1ft.1OCIliIY _......... '" -.. 0f0lI'..... . I ~ . Ill... _ "'" .. ... (UP*MClWl porcarllII;ea ... NIOU" M'/ft*\'.1lOUfIy _l'peco&-l in.. CIl'''~Ill(1 or ...-.CIor'I....- _1l'Oll'I"'_lIe II w.o. E*y_1l ClIC._lIe...,..... leU _ ... _ .~ I _ in ... rag.-.cl1l'Oll'l'" tor... _'1 _ ... "'011'_ ___ II . percarlll(ll al ... JOUIIlIr""'" IlOurty rate 1,Il 1 led in "ISlJl' C......... aWIfMMIOft. \V.D . A ~. INH 01_ ""'" ..... iIl__"" ... ",___ ... ... awlft1lCllftlP 0f0ll""" .... ~Il UV.., Il'Oll'I'" - - apeclly ""'" ...... __ = .. _ lie ,..., ... ... "'*"" al..... ....... - Oft N ..._m;..I.a-tor...P";.c,~~_.'" -a-.....~ ............................- prewUI tor "'111"'='- _..... "lA..~I~............patd"J ~ OMCiIWlltIWIf 1 A"llU .... ... _.. ...... 01 ",-111-;-"'" . T........ Of.... ~ -.. AtfIIq racogNnd Dr" .".. ..4... __ 01.. .._1-:-1 .... program.... -*,8CIDf WIll no D"II' Ie ..-,T 11Id tD__ .....41' HTT ............ .4,f'r-b" f).11 miwW'" tor...... pI.1OimedvMIlftf . tt,.....,......am.ur CNwcL III T_ EulIIlI. plOo'UO 111 a CPIlI.'" - will... lie ~ llIfl"-"IO_..__.......1 -__tor..-per. tDtmIId una.a..,.. _.~d pur-........ ~NIM.~ ~.... ad in . ...........,.... .u...... .,.. .,,,& "id~ C T'" IfW' .... ~ C8WI "'.. us. C'I, u.- cI LItIIDf. L........... T............ __ The _ 01_. jlt./Mt''''. 011"';'- _INI'" III 11'-.... PI""" .",.,...... .1;.... Dr" ..._,m...._ T..... ___. E.-y.... _lie ...not__"'_ l. "'f in.. _~ ;.rIll ........lOf.._.._Gl....- ~......_lIIlfGl..~..".,-- :"'5ill'" _I": -.. J L II... Ill'. T......... lie.. """....... ill r- _....... poo.__ GI'" _ ~.........1lIOO ..... - - -*" ..... ...... ___ ..... lie _...... _ al........... _ 011" .... J H.._ '1. -.. __...._ al... wage... _ 0IIliai0fI J .......... - II.. 1PO'..1{.....CftII'MI.--- ... ....._~JIJ ....~ .... _ ... ...... J "'" II ~- _ .....- tor - - ... 1rif9t..... tor l$1I ... "", ~.. .... on......... ___lInol.l~ ad""'.... ."p ..ilI._,.." apprOWlICI tIy ..1aI4*D,..... end T..... ~_~.... Ill.... ftCII .... .... ... Ie" J" CT-'. .. ... on .. .... .~ ftWllt a- tor .... work ac1Udy .....k,.....4d. ~..-..on. any.... .......I.~. __ Oft" JDO 1M in_oI..-...... -.-_.., J' .,progrIIlI_lIe"" notleU-..-~,. --.._OIl.......J "",,,,,,-tor... wortL actuIAIr .....1OrInIIIl ~.. __ ..1a.G....... INS T,.",. AcIINft. __ _WlIllP _ al."""", ~.. _.1_.. no .......lIe ..../IIIIIll. uJiIiIe""'. _ -.. JU"= .....-. IIllftad _lor .. _ ....lO..... ..... an , . 1IIl', DrOI"I'" II -- C8)~..... J' ,.11.111'...1 v.,. The.......of....-. r __IOWN',man _ _ paft _lie '" _...~ .... N 1QUII..,.,..,~..4lI.QOPOItunItt..... _MI. 01 bV""'-'- 0rdIf ,,241.. ---. _ :It CPR hit 3Q; L CornI",-a .. (' III..'.... Act... l....... TN _lCractOf sMI COftlllIy _.. __al21 CfR hit 3'-"'-"'" Dr ........ICII"'--- I. ............. nw QOIncto or k~ C ~ *' ;t-~ .. ..... 11\ any.... ~ ... __ COt"""" ill 21 CfR UlIll'llWougl\ IIClIII'Cl- _ ClI_ II HUO Of ilI_ g -may Dr t$~ .....- ____............- ......" I ..1ll1.lOincIuc:le..... _in"",__,'I: ..elI TIle..-__lIe NWOI..w. tor .. wOQT ~. "lICe '" "". 1 *.'*' or __ .. .-an- "OCIor"" II... _ __ '" 21 CFfI hit U. II ,.~ ....::..!4!-.._.N__. I I a CFII U /My De grOUI'llIlor -- 01'" -- - lor _. __.___a___"~" a CFR 5.12. .. c.... - a" 0awliI...... aM Ill..... Ac1111.....1 ......... NA NI- ,..... ~ 01'" o.....IKOII _ .....lell Ac1I ___ III I 'tCPR~I.3._5"-.-""'-IIy-"'" ..-... t. \llI..- .......-. - -...... Di_ a"II"lI out 01'" - ...- _...",. 01.... _act_ not De IU....... to ""'__ I d''-''- 01'" contrar:t. s..cn d,_In _, De r_ '" -- _ .." ... p1acldu'" oltlle o.pal1mtnt ol \.AllOt ... tonn ,n 29 CFR P.... So 6. af"lCl7. I)sOU1e$ ...,""In tne meaning Of tI'llS clau.. InctUOl dfI.. put8S __ II.. conlll_ lOt any 01 'IS lUoconllaClOfS' ano HUD 01 .. I clA4........ U,S, 0epattrnI'" ol \.AlOOr. Ot "'" ....pI.,.,... Ot "*' 'esN-'~ 10. (I) c-...U.... oIlJItMIIY.1Iy tn...."lI'nIO tI\tI conncl. tIle_. IIIClDf ..- N'_ <<(nOt ... Ot aile) "'" tny pe.- Ot 111m wno I till........... "'" _'ol\rm .. a - Ot firm ,net'9,Dl81O De a.._ Gc.-- ,..-I .__1Iy VI"'" ol Sec1IOII 3(al ..... 0._ llI-' N:I. or 29 CFR 5.12(.1('11 0110 De ...- HUD con_ Ot paIlICI. ..... III HUD prog......lIUrsuanllO Z' CPR PIIIZ'. I III No Ill" ol.....- ilia" DelUoconnc"" lIl.ny - 0I1rm ,~ .... ....... ole 00.1""""'" _1Iy VIrtue .. Sec1IOII 3(.) ol ",. o....e.con Act 01 29 CFR 5,1 2('Ml) 0110 De a..a_ HUD -- 01 ~..... .. HUD programs lIUfSUII'IlO Z, CPR PIIIZ4- I c-I ".. _.ny lor "'Iu"ll - ...- .. p1t1C"lleCl '" tile U.s. Cn""",,1 Code. " U.S,C, 1001, _bonally. U,s. C"mnal COde. s.c- '010. TIte " . u,s.c.. .,_ _ling Adm'n'...._ lIan_I-. - ,",,"" peI1: _.Iot "'" pu_ ot: , .InnuenCl"ll,n any way "'" I a_ of -" _..tIa~ ' ' ....... uMrs 01 ouC".hft any 111_ .nowong ~ ...... to 1>1 Ial", , ' lllalll>l fi_ not_ """ 15.000 01 impnlOf':lC' not more INn IWO years. or bOtft." I 11. CoP" $'.' .... P_ingI. 01 T.._y oy Employ-. No Ia_ 01 "...."',,,. ~ wnom "'" wage. lllaIY. Ot 0_ 11_ stanoardl _ItOIlO 01 tI'l.. COII::-aCl a.. aollirc:atlll _'1>1 d'lChargea 01 '" .ny - ........ ',_",,.., agllllll by "'" ConnctOt or .ny 1U1lCOIl1r8C1Of __u.. - m~ l'1li filod any compialtl. or ,n:llltu..., 01 cau..., 10 De Il\SlIIuIId I .ny orocMd,ng 01 - _fiell 01'0 .llOUIlO *"'Y ,n any 01 oceedlng u_ 01 ...ung 10 "'" _llItIdIrdo '~lCIllle u'-'" ConnCIIO "..erftflAaywr'. I · CeoIlr-' WoIk _Incl Sollly Slandarllt AcI. AI uMCl on ..... -- iracll\ .. wma '"1aDOreII" and "mecl"ll"ICI" InClude ..1CIVnIft and g- (1) O.MtimI ~4tM'" No connctor OI....PJunnctar ~..Dng . I lOr any l*1 01 "'" conlllCl - ..hocn ...y reQ.... 01 - ... IlIIIliOY- "*" ol__ 01....._ ilia" re<!u" 01 pemIII any 1UCIl_ 01 rnect'\MC., any work"'''' wntCl'll'le or sN IS ~71d on aICI'\'" to ~ In uc:aa of ..gl'rl t'lours In any calendar Clay or in --=- 01 tortr I - III -..ell .""'.11. unl_oucn 11_01____ I I I I I ......._ ... ... noI_..... - end _..... _ ... _ ... II IllY 101 .. _ -.cl III _ 01.... _.. ony C.'. _ My 01 III _ IIloft\' _ on 1UCIl..otll-..... ~...... (21 VIoI*ll;....,.............-; "r'fll'W W-.... In... .-..01 ony _ 01..._...... ..IUD..... (1101'" peregrepII.... __ _ any I~D:: ._ _.llle __ 1>1 _ lor "'" un,*" ..oges.ln --. OUCh"""""'" - IU_ __ DeIt.DIe 10 ... UMaCl SUI.. (.. "'" .... ol_ _ u_ _"ICIIOI tile 0IstnCI of ColumN 01 . lImlOIY. 10 IUC/I 00IlncI Ot 10 - lImlOIY~ IOIloQuoclalad da"'ges. s..ctIloQu_ da..... _11>1 _. puIIClw,""-, 10 _ _ual _.. 01 _oc.lftClucI'''lI "a1cn_ ano guardS. ....1llO'I<<l '" __ 01 "'" ClI_ MtIOl'lll,n IUC. pa,agrapl\ (I) of "". oaragrlpl\.,n tile...... 01 S10 lOI_n ......oar oay on wlloC/llUCll ""',YlOUIl _ _,reel 01 oarm_ 10 _ ,n ..c... of "9'" IlOIlrs 01 '" ..... 01 tile 1II"Cl.... -- 0I1Or1y IlOurs WltI'lOul pay- "*" 01 "'" __ ~ _reel 1Iy'" _III"""" IUOOlfl. grljlll(')ol.....~ (3) WI"- f..................... and ......._ -.... HUD 01" ~___..__OI_wn__ofan._ nz.o...,...".- 01... Qooat1melll 01 LaIlor _ 0I_1Il1>1 WI-' __ any moneys.yaDle 011_ 0I_1lIflOm>od IIy "'" __ OIsullC:r__onylUCll_OI ony _ F_ ConnCI-'" _ _.-.cI. 01 any _ F_ally.....__. II'aC1SUIlleClIO lie COI1II'aC1 Woril Hours _ SaIaly ~ AcI. ......" is _1Iy "'" _ _ ".QOftctor 1UCIl..-_ may De __10 De _ry 10 utIIly any ~ oIlUCIl.,'_ 01__ 101 utIoaocl ...... end 1iQuIclalICl.....1I · ~ on "'" _III _ ,n .....agr_ C2I 0I...1lAI8gtAlIII. Ct) . ll:...... The...ol n ~r or lUll = .~ 1 ~: 1haII"""'''' any su_ tile _111_ on IUDrltVljlllll) tI'ltOUQll (') 01..... oaravraon _ _. _ reQUttiI1I11e II' D C MoICtorIlO lllClude "*' .- III any _.. II a: ...eII. TIle _ ....11_ ""II De "~C1n..tIII tor corp"r-a tJy "" III 11 .hCW)f or tower _ MIbcOnU'ac.. lilt _ 1Ie.- ...... III su_ ago.- (1'-" (4) 01... oaragrapll. C. IleaIIIl .... ....., (I) No _ 01 n4ChllIiC"" De .....10_ on _",Mg. 01_ worIl"'ll CCIfldllc . wl1icI'l_ _...,. ~IZI d~. 01 danger. OUIID hiI ..... Ind ... . d ~.. undIr __ 1 = . IAfrMY and ___ll'pJlglllClIly..SI ....,oIlMOIlIy..IU. (21 TIle Coo.lOco;-"" comply - II... IIIi l . -1Iy "'" s--ry 01 LaIlor __10 TIle 21 Pall 18llaftllA1lY _ 151"_ _10 comply may __ on .rr~ 1011 oI....ct~ ~ 10 lie eon. II'aC1 Woril Hours end SaIIly....... Act tl"IllIlIc .... " .54. t3 SIal. .. (3) TIle Coo... C- _ _... __01'" - "'..., sullCC I'ltaC" 10 ....1UCIl_...... wilIllIlIoIldinO 011_ _. TIle Coo,tlacto..".. ___ _ _lOony --. "'" s.cr...,., 01........... _ UlDan De> j'C' .._ 01 tile SacralIIy 01 ~ _ _.. __ 0I..-.g 1UCIl1llC.-- I I I I I I I I I I I I I I I I I I I (\4 ....-. 1 94 341 Title 29-Labor Subtitle A-office of the Secretory, of Lobor 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 5-LABOR STANDARDS PROVI- SIONS APPLICABLE TO CONTRACTS COVERING FEDERALLY FINANCED AND ASSISTED CONSTRUCTION I I I I I I I I I I I I I I I I I I I 94341 SECTION: 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.1 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 Purpose and scope. Definitions. Weekly statement with respect to payment of wages. Submission of weekly statements and the preservation and inspection of weekly payroll records. Payroll deductions permissible without application toor approval of the Secretary of Labor. Payroll deductions permissible with the approval of the Secretary of Labor. Applications for the approval of the Secretary of Labor. Action by the Secretary of Labor upon applications. Prohibited payroll deductiont. Methods of payment of wages. Regulations part of contract. 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 buildtngs 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 Housing 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 governing the making of payroll deductions from the wages of those employed on such work; and delineates the methods of payment permissible on such work. I I I I I I I I I I I I I I I I I I I 94 341 3.2 Definitions As used in the regulations in this part: (a) 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, parkwa~s, stre~ts, subw:ays, tunn~ls, sewers, ~ains, powerlines, pump1ng stat1ons, ra~lways, a1rports, term1n~ls, docks, piers, wharves, ways, llghthou~es, buoys, Jett1es, breakwaters, levees. and canals; dredging, shoring, scaffolding, drilling, blasting, excavating, clearing, and landscapi 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 decorati ng, the transporti ng of materials and suppl ies 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" include building or work for whose construction, prosecution, completion, or repair, as defined above, a Federal agency is a contracting party, regardless of whether title thereof is in a Federal 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- ing or work for which the Federal asistance granted is in the form of loan guarantees or insurance. I I I I I I I I I I I I I I I I I I I 94 341 (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 building or work financed in whole 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 with 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 District of Columbia, or any of the foregoing depart- ments. establishments, agencies, and instrumentalities. 3.3 Weekly Statement with respect 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)(l) Each contractor or subcontractor en~aged 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 furnish each week a statement with respect to the wages paid 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; contains the 5.5(a1l311i) of information is I I I I I I I I I I I I I I I I I I I 94 341 (ii) That each laborer or mechanic (including each helper, apprentice, and trainee) ~mployed on the contract during the payroll period has b~en pa1d th.e f.ull weekly wages earned, without rebate, either dlrect~y or 1ndlr~ct~y, and that no deductions have been made either d1rectly or 1nd1rectly 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 paid not lesS than the wage rates and fringe benefits 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 requirements of this section 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 provi de reasonabl e 1 i mi ta- tions, variations, tolerances, and exemptions from the require- ments of this section subject to such conditions 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 Submi s sian of week 1 y s ta tements and the preserva t i on 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 a fter the regu 1 ar payment da te of the payro 11 peri ad, to a representative 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 si te of the bui 1 di ng or work. the statement shall be mailed by the contractor or sub- contractor, within such time, to a Federal or State agency con- tracting for or financing the building 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 olati on, in accordance wi th applicable ~rocedures 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 !I I I I I I I I I I I I I I I I I I I 94 341 and mechanic, his correct classification, rate of pay, daily and weekly number of hours worked, deductions made, and actual 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 deducti on of sums previ ously pai d 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 consi dered to have been made onl y 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 similar payments for the benefit of employees, their families and dependents: Provided, however, That the following standards are met: (1) The deduction is not otherwise prohibited by 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 cond it ion either for the obta i ni ng of or for the continua t ion of employment, or (ii) provided for in a bona fide collective bargai ni ng agreement between the contractor or subcontractor and representatives of its employees; I I I I I I I I I I I I I I I I I I I 94 311 (3) no profi t or other benefi tis otherwi se obtained, dire,ctly or indirectly, by the contractor or subcontractor or any affi 1 i ated person in the form of commission. dividend, or otherwise; and (4) the deducti ons shall serve the conveni ence 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 organi zed and operated in accordallce wi th Federal and State credit union statutes. (g) Any deduction employee for the making 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 making of contributions to Community Chests, Funds, and similar charitable organizations. (;) Any deduction to pay regular union initiation fees and membership dues, not including fines or special assessments: Provided, however, that a collective bargaining 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 equ i pment is purchased from him and does not i nc 1 ude any d i rec t or indirect monetary return to the employer where the equipment I I I II I I I I I I I I I I I I I I I 94 341 is purchased from a third person, and if the deduction 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 (2l 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 Permissible with the Approval of the Secretary of Labor Any contractor Secretary of Labor for permitted under 3.5. whenever he finds that: or subcontractor permission to make The Secretary may may apply to the any deduction not grant permission (al 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 paratraphs 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. Permission will be given for deductions on all current and future contracts of the applicant for a period of 1 year. A re- I I I I I I I I I I I I I I I I I I I 94 341 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 ~he 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 that there is compliance with the standards set forth in the provisions of 3.6. The affirmation shall be accompanied by a full statement of the facts indicating such compliance. (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 deductions are to be transmitted and the affiliation of such person, if any, with the applicant. 3.8 Action by the Secretary of Labor Upon Applications The Secretary of Labor shall d~cide 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- pensation 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 A 11 contracts made wi th respect to the constructi on, 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. I I I I I I I I I I I I I I I I I I I 94 341 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 Oavis-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 Liquidated 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". I I I I I I I I I I I I I I I I I I I 94 311 5.28 Unfunded plans 5.29 Specific fringe benefits 5.30 types of wage determinations 5.31 Meeting wage determination obligations 5.32 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 Capel and Act in order to coordinate the administration 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 addittonal duties 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 Work Standards Act [40 U.S.C. 327-332). 4. National Housing Act [Section 212 added to c. 847, 48 Stat. 1246, by Section 14, 53 Stat. B07; 12 U.S.C. 1715c and repeatedly amended). Hours and Safety 5. Housing Act [amended by Housi ng Act of 1959 Stat. 681; 12 U.S.C. 1749a(f)). of 1950 (college housing) to add labor provisions, 73 6. Housing Act of 1959 [Section Housing Act of 1950 as amended by Pub. L. 86-372, 12 U.S.C. 1701q(c)(3)). ' 4011 f) of the 73 Stat. 681; . 7. Commercial Fisheries Research and Development Act of 1964 [Section 7, 78 Stat. 199; 16 U.S.C. 77ge(b)). 8. Library Servi ces and Constructi on 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. National Foundation on the Arts and Humanities Act of 1965 [Section 5(k), 79 Stat. 846 as amended; 20 U.S.C. 954(j)). I I I I I I I I I I I I I I I I I I I 94 "11 · ,) 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, title IV, Section 401(a)(10), 84 Stat. 169, and renumbered Section 433, by Pub. L. 92-318; title III Section 301(a)(1l, 86 Stat. 326; 20 U.S.C. 1232(b)]. Under the amendment coverage is extended to all programs administered by the Commissioner of Education. 12. The Federal-Aid Highway Acts [72 Stat. B95. as amended by B2 Stat. 821; 23 U. S. C. 113, as amended by the Surface Transportation Assistance Act of 1982. Pub. L. 97-424J. .I.,). ;ndian Self-Determination and Education Assis:ance Ac: CSecticn 7. 88 Stat. 2205; 25 U.S.C. 450e]. :4. :~Gian ~~aitr. Care Improvement Act [Section , . <: '4" 2-" S - '633'b)-j 3C3(~4' 9u _:at. i'v/; :J J. .\",.... \ . _~. ;2~a~~ .~tation Act of 306(:,);5) 57 S';.i;'';. ~3':'. ;:; v,S.C. 776(:,)(5;:. 1973 [Section ...1J. c.J::-.:re;":2r.$~Ve ~:n?:oY::ier;t and. iratr,:rs Act of :j7; [5;:':-; c '1 6C6. b7 S.:~t. saa. renu;T.Jerea sec~ion 706 cy 85 S:L:'. :~45; 29 ;".5.C. ;36; a,":so 3ect~on 60't S8 Stat. :840; 29 ~.S.C. ~6~{oj\3;:. ~7. ~.:c.~e ;.r;=. i-c~a, ;o1scal Assis~ar;ce .A.Ct wi lS72 CSac:~Jr. ~23\a)(:i, 6~ S:a~. 933; 3: w.S.C. 1246{a)~5J:. ~S. ;eae~~~ ~ater ~Ol .~t~O~ Co~trc: A:t :Sec:j~~ 5:3 or Sec:ior. 2, 86 Stat. 694; 33 u.S.C. ~372:. :;. ~cte~~~s ~~~s~r.g rio~; :a~e Act of 1;54 :78 S:at. 5J;:. as a~~ncec; 35 ~.S.C. S03S(a)(Sl]. 2". ?csta., Reorgar,ization Act [Section 4j,G(;;i,~)\'::.; 54 Sta",;. 725 as amenoeo; 39 U.S.':. 410(b)(4i:C:3. 2:. ~a:ional Visitors Center racilit1es Act of 1906 [sec. 110. 32 Stat. 45; 40 U.S.C. SCo:. 1965 Lsec. 22. Ap~alacnian Regional Deve,opment 402, 79 Stat. 21; 40 U.S.C. App. 492:. A,.. ~ . of 23. Health Services Stati sti cs. and Y.edi cal i.. i braries Act of sec. 30B(h)(2) thereof, 88 Stat. 370 as 378; 42 U.S.C. 242m(h)(2)]. Research, 1974 ~sec. amenGed by ;.;ea1th 107, 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)]. I I I I I I I I I I I I I I I I I I I 94 341 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)(1)(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(e)). 29. National Health Planning and Resources Act [sec. 4, see sec. 1604(b)(1l(IIl,,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)J. 37. Economic Opportunity Act of 1964 (sec. 607, 78 Stat. 532; 42 U.S.C. 2947). 38. Headstart, Economi c Opportuni ty. and Community Partnership Act of 1974 (sec. 11, see sec. 811 thereof, 88 Stat. 2327; 42 U.S.C. 2992a). I I I I I I I I I I I I I I I I I I I I !l4 341 39. Housing 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. Public Works and Economic 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 a~d 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]. 46. Housing and Community Development Act of 1974 (secs. 110 802(g), 88 Stat.649, 724; 42 U.S.C. 5310, 1440(9)]. 47. Developmentally Disabled Bill of Rights Act (sec. 126(4), 89 Stat. 6042(4); title 1, sec. 111, 89 Stat. 6063(b)(19)]. 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]. SO. 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, B4 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)). I I I I I I I I I I I I I I I I I I I 94 341 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(bl(4l, 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 United . 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]. (bl Part 1 of this subtitle contains the Department's procedural rules governing requests for wage determinations and the issuance and use of such wage determinations 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 nc 1 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 Administration, U.S. Department of Labor, or authorized repre- sentative. (cl The term "Federal agency" means the agency or instrumentality of the United States which 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, (el individual, The term "Contracting Officer" means the a duly appointed successor, or authorized I I I I I I I I I I I I I I I I I I I 94 341 representative who is designated and authorized 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 Davis-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 sta~utes 1 ~ sted inS ,.1, and the regulations in Parts 1 and 3 of th1S subt1tle and th1S 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 which is subject Wholly or in part to the labor 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 local Government i~ 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 th1S part unless conducted in connection with and at the site of such a bui 1 di ng or work as is described in the foregoi ng sentence, or under the United States Housing Act of 1937 and the Housing Act of 1949 in the construction or development of the project. I I I I I I I I I I I I I I I I I I I 94 341 (j) The terms "construction", "prosecution", "completion", or "repair" mean all .types of work done on a particular building or work at the S1te there~f (or, under the United States Housing Act of 1937 and the HouSlng Act of 1949), all work done in the construction or development of the pro j e c t , i n c 1 u din g wit h 0 u t . 1 i m i ta t ion, a 1 ~ e r i n g , r e mo del i n.9 , installation (where approprute) on the Slte 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 bui 1 di ng or work (or. under the uni ted States Housi ng Act of 1937 and the Housi ng Act of 1949, in the constructi on 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 ) follows: The term "site of the work" is defined as (ll The "site of the work" is limited to the physical place or places where the construction called for in the contract wi 11 remai n 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, jab 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., I I I I I I I I I I I I I I I I I I I 94 341 of a commercial supplier or materialman which are established by a supplier of materials for .the project b~fore open.ing of bids and not on the project Slte, are not 1ncluded ln 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 apprenti ces, trai nees, hel pers, 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 fi de execu- tive, administrative, or professional capacity as defined in Part 541 of this title are not deemed to be laborers 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 criteria of Part 541, are laborers and mechanics for the time so spent. (n) follows: The terms a ppren t ice and tra i nee are defi ned as (1) "Apprenti ce" means (i) a person employed and individually registered in a bona fide apprenticeship pro- gram regi stered wi th 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 Iii) 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 Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as a~ apprentice; (2) "Trainee" means a person ~e9istered and rece1v1ng on-the-job training in a construction occupation under a program which has been approved i~ 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 provls10ns do not apply to "apprentices" and "trainees" employed on projects subject to 23 I I I I I I I I I I I I I I I I I I I 94 341 U.S.C. 113 who are enrolled in programs which have been certified by the Secretary of Transportation in accordance with 23 U.S.C. 113(cl. (0) Every person performi ng 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 financed in whole 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. (pI The term "wages" means the basic hourly rate of pay; any contri buti on i rrevocabl y ma~e by a contractor or sub- contractor to a trustee or to a th1rd person pursuant to a bona fide fringe benefit fund, pl~n, 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 C9mmitment to carry out a financially responsible plan of program, which was communicated in writing to the laborers and mechanics affected. The fringe benefits enumerated in the Davis-Bacon Act include medical or hospital care, pensions on ret1rement 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 benefi ts do not i nc 1 ude benef its requ i red by other F edera 1 , State. or local law. (q I The term "wage determi na ti on II incl udes the original decision and any subsequent decisions modifying, superseding, correcting, or otherwise changing the provisions 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 I I I I I I , I I I I I I I I I I I I I I 94 341 by pledge of any contract of a Federal agency ~o make a lo~n, grant or annual contribution (exc~pt ~here a, dIfferent mean1ng is expressly indicated), and Wh1Ch 1S subJ.ect to. the labor standards provisions of any of the acts llsted 1n 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 mechanics employed or worKing 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 deductions as are permitted 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(bll2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such 1 aborer s or mechan i c s, sub ject to the prov is ions of paragraph (a)(l)(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 pe'rformed, 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)(l)(ii) of this section) and the Davis-Bacon poster (WH-1321l 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 I I I I I I I I I I I I I I I I I I I 94 341 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 reque~ted. is not performed by a classification in the wage determlnat10n; 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- ation. (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 designated for fringe benefits where appropriate), 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 classificat.ion 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 their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify 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,) (D) 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. I I I I I I I I I I I I I I I I I I I 94 341 (i i i) Whenever the mi nimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourl Y rate, the contractor sha 11 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) I f the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasnably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the wrl tten request of the contractor, that the appl i cabl e standards of the Davis-Bacon Act have been met. The Secretary of Labor may requir~ the contractor"to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Managelllent 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 withhold or cause to be withheld from the contractor uneer 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 be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer 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 I I I I I I I I I I I I I I I I I I I I 94 341 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 pro~ram described in section 1(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 regi strati on of apprenti ceshi p programs and certi fi cati on 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.) (ii)(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.S(a)(3)(i) 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 Superi ntendent of Ducuments (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, 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: I I I I I I I I I I I I I I I I I I I 94 341 roll for the payroll period contains to be maintained under 5.5(a)(3)(i) of 5 and that such information is correct (11 That the pay- the information required Regulations, 29 CFR Part and complete; T hat e.a c h 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 i ndi rectl y, 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; ( 2 ) (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 fail~ 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 available may be grounds for debarment action pJlrsuant to 29 CFR 5.12. I I I I I I I I I I I I I I I I I I I 94 341 (4) Apprentices and Trainees (i) Apprentices. Apprentices will be permitted to work at less than the prede- termined rate for the work they perform~d when t~ey are empl~y- ed pursuant to and indiv.idually ~eglstered 1n a bona f1de apprenticeship program reg1stered w1th the U.S. Department of Labor, Employment and Training ~dministration; Bur~au ~f A P pre n tic e s hip and T r a i n i n g ,or w 1 t.h a S tat e ~ P pre n t 1 C e s h ~ P Agency recognized by the Bureau, or 1f a person 1S employed ln his or her 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 Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable 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 a.s 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 performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered 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 fringe benefits listed on the wage determina- tion for the applicable classification. If the Administrator determines that a different practice prevails 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- ship program, the contractor will no lon~er be permitted to utilize appre-ntices at less than the appl1cable predetermined rate for the work performed unti 1 an acceptable 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 I I I I I I I I I I I I I I I I I I I 94 341 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 ~o journey- men on the job site shall not be greater than permltted 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 ~ercentage of the .jour.neyman h?url y rate specified in the appllcab1e wage determlnatlon. Tralnees shall be paid fringe benefits in accordance with the provisions of the trainee program. I f 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 Admi ni strator of the Wage and Hour Oi vi si on determi nes that there is an apprenticeship program associated with the corres- ponding journeyman wage rate on the wage determination which 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 actua 11 Y performed. I n the event the Employment and Training Administration withdraws approval of a training pro- gram. the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal Employment Opportunity - The utilization of apprentices, 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 wi th the requi rements of 29 CFR Part 3. which are incorporated by reference in this contract. (6) Subcontracts - The contractor or subcontr.act- or shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) 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. I I I I I ! I I I I I I I I I I I I I I 94 341 (7) Contract Termination: Debarment - A breach of the contract clause in 29 CFR 5.5 may be groundS for termina- tion of the contract. and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. ( B ) Compliance with Davis-Bacon and Related A'ct All rulings and interpretations of the Rel ated Acts contai ned in 29 CFR Parts 1. 3. incorporated by reference in this contract. Requirements Oavi 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 oe subject to the general disputes clause of thi s contract. Such disputes shall be reso1 ved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5. 6. and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting 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)(1). (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)(1). (iii) the penalty for making false statements is prescribed in the U.S. Criminal Code, 1B U.S.C. 1001. (0) 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)(ll. (2).' (3). and (4) of this section in full in any contract subject to the overtime provisions 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. (1) 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 I I I I I I I I I I I I I I I I I I I 94 341 in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek un1 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. (Z) Violation: Liability for Unpaid Wages: Liquidated Damages In the event of any violation of the clause set forth in paragraphs (b)(1) of this section 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 territory. to such District or to such territory), for liquidated damages. Such liquidate~ 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)(1) 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 without payment of the overtime wages requirel1 by the clause set forth in paragraph (b)(l) 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 wri tten request of an authori zed 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 prime contractor, or any other Federa1ly- 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 determined 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 (Z) of this paragraph. (4) Subcontracts - The contractor or subcontract- or sha 11 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 tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor wi th 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 I I I I I I I I I I I I I I I I I I I 94 341 and Safety Standards Act and not to any of the other statutes cited in 5.1, the Agency head shall cause or require 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 1 aborers and mechani cs. i ncl udi ng 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 sh~ll be made available by the contractor or subcontractor for inspection, copying, or transcri pti on by authori zed representati ves of the (wri te the name of agency) and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours 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 1 abor 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 determination of the Secretary of Labor are contained in such contracts. Furthermore, no payment. advan'ce, 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 during the 3-year perlod. I I II , I I I I I I I I II I I I I I I I 94 341 (3) The Federal agency shall cause such investigations to be made as may be necessary to assure compliance with the labor stand~rds clauses re~uir~d by 5.5 and the applicable statutes listed ln 5.1. Investlgatlons 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 certification with respect to apprenticeship and training plans. In making such examinations, particular care shall be taken to determine the correctness of classifications and to determine whether there is a disproportionate employment of laborers and of apprentices or trainees registered in approved programs. Such investigations shall also include evidence of fringe benefit plans and payments thereunder. Complaints of alleged violations shall be given prtority. (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 Admi n is tra tor sha 11 cause to be made such investigations as deemed necessary, in order to obtain c~mp1i- 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- v~ews with workers, and in all other aspects of the'investiga- tlons. The findings of such an investigation, including amounts found due. may not be altered or reduced wi thout the I I I I I I I I I I I I I I I I I I I 94' '34--1- . appro va 1 of the Department of Labor. Where the underpayments disclosed by such an investigation tot~l $1!000 or more, where there is reason to believe that the vl01atlons are aggrevated or willful (or, in the case .of the .Oav~s-Bacon Act, that the contractor has di sregarded 1 ts obll gatl ons 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 violative practices, including any payment of back wages. In other circumstances. the Federal agency will be furn~ shed a 1 e.tter of noti fi cati on summari zi ng the findings of the lnvestlgatlon. 5.7 Reports to the Secretary of La~or (a) Enforcement Reports. (1) Where underpayments by a contractor or subcontractor total less 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 disregarded its obligations to employees and subcontractors). and where restitution has been effected and future compliance assured, the Federal agency need not submi tits i nvesti gati ve fi ndi ngs 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) Se~i-annua1 Enforcement Reports - To assist the Secretary ln 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 labor standards provisions of the I I I II I I I I I I I I I I I I I I I I 94 341 Oavi 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 3D, respecti vel y. 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 wtth 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 his or her duties with respect to the labor standards provisions referred to in ~his 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 right to proceed has been terminated, 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 Liquidated 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 ~ot 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 without payment of required overti me wages. Any contractor or subcontractor aggri eved by the withholding of liquidated damages shall have the right to appeal to the head of the agency of the United States (or the terri tory of Oi stri ct of Co1 umbia, as appropriate) for whi ch 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 I I I I II I I I I I I I I I I I I I I 94 341 the Agency Head fi nds that a sum of 1 i qui dated 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 findings with respect to any wage underpayments for which 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 fi na 1 deci si'on 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 Servi ce 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 less and the Agency Head finds 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 re1 i eved of 1 iabil i ty for such liquidated damages without submitting recommendations to this effect or a report to the Department of Labor. This 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 public interest to prevent undue hardship and to avoid serious impairment of the conduct of Government business. I I I I I I I I I I I I I I I I I I I 94 341 5.9 Suspension of Funds In the event of fa i 1 ure or refusa 1 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 this section, where violations of the labor standards clauses contained in 5.5 and the applicable statutes listed in 5.1 result in u~derpayment 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 1(b)(Z) 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 (a) 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). (b) (1) I n the event of a di spute descri bed 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) (i f any), by registered or certified mail to the last known address, of the investigation I I I I I I I I I I I I I I I I I I I 94 341 findings. If the Administrator determines that there is reasonable cause to bel ieve that the contractor and/or subcontractor(s) should also be subject to debarment under the Davis-Bacon Act or 5.12(a}(1), the letter will so indicate. (Z) 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 letter from the Administrator and response thereto, for designation of an Administrative Law Judge to conduct such hearings as may be necessary to resolve the disputed matters. The hearing shall be conducted in accordance 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 debarment proceedings under 5.1Z, 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. (Z)(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 Administrator'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}(Z)(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 issu~ 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- mines that there is no relevant issue of fact, the Administrator shall rule and advise the contractor and subcontractor(s} (if any) accordingly. I I I I I I I I I I I I I I I I I I I 94 ],n (3) If the contractor and/or subcontractor(s) desire review of the ruling issued by the Administrator under paragraph (c)(l) or (Z) or. this section, the contractor and/or subcontractor(s) shall fll,e ~ petition for review thereof with the Wage Appeals Board wlthln 30 days of the date of the ru1 i ng, wi th a copy thereof the Administrator. The petition for review shall be filed in accordance with Part 7 of this title. (d) 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 final, except that with respect to debarment under the Davis-Bacon Act, the Administrator shall advise the Comptroller General of the Administrator's recommendation in accordance with 5.1Z(a}(l). 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 taw Judge or the Wage AppealS Board. 5.1Z 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, partnership, or association in which such contractor or sub- contractor has a substantial interest shall be ineligible for a period not to exceed 3 year~ (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) I n cases aris i ng under contrac ts covered by the Davis-Bacon Act, the Administrator shall transmit to the Comptroller General the names of the contractors or subcontractors and their responsible officers, if any (and any fi rms in whi ch 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 listed in 5.1. I I I I I I I I I I I I I I I I I I I 94 341 (b}(l) In addition to cases under which debarment action is initiated pursuant to 5.11, whenever as a result 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 committed willful or aggravated violations of the 1ab-or standards provi si ons of any of the statutes 1 i sted in 5.1 (other than the Oavi s-Bacon Act), or has committed violations of the Davi s-Bacon Act whi ch consti tute a di sregard 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 substantial 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) (I) 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 which are in dispute and the reasons therefor, including 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 debarme'nt under any of the statutes 1 i sted in 5.1 other than the Davis-Bacon Act, the Administrative Law Judge shall issue an order concerning whether the contractor or subcontractor is to be debarred in accordance with paragraph (a)(ll of this 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. (Z) Hearings under this section shall be conducted in accordance with 29 CFR Part 6. If no hearing is requested within 30 days of receipt of the letter 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. I I I I I I I I I I I I I I I I I I I 94 341 - (c) Any person or firm debarred under 5.1Z(a)(l) may in writi ng request removal from the debarment 1 i st after si x months from the date of pub1 i cati on by the Comptrol1 er 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 Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210, and shall contain a full explanation 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 decision 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.c;tion work subject to any of the applicable statutes listed in 5.1 and other labor statutes providing wage protection, 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 ZO CFR Part 7. (d)(1) Section 3(a) of the Davis-Bacon Act provides that for a period of three years from date of publication 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 disre'garded obligations to employees and subcontractors under tha tAct, a nd 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)(l) 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 illeligib1e list pursuant to that paragraph, or to "any firm, corporatiOn, partnership, or association" in which such contractor or I I I I I I I I I I I I I I I I I I I 94 34'1 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. (Z}(il The Administrator, on his/her own motion or after receipt of a request for a determination pursuant to paragraph (d)(3) of this section may make a finding on the issue of interest (or substantial interest, as appropriate). (ii) If the Administrator determines that there may be an interest (or substantial interest, as appropriate), but finds that there ts insufficient evidence to render a fi na 1 ru1 i ng thereon, the Admi ni strator may refer the issue to the Chi ef of Admi ni strati ve Law Judge in accordance with paragraph (d)(4) of this section. (iii) If the Administrator finds that no interest (or substantial interest, as appropriate) exists, or that there is not sufficient information to warrant the initiation of an investigation, the requesting 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), which shall include 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 nistrator' s ru1 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 dispute, if any, shall be submitted with the request for a hearing. (C) If no hearing is request- ed within the time mentioned in paragraph (d)(Z)(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 I I I I I I I I I I I I I I I I I I I 94 341 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 prospec,tive 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 setting forth in detail why the petitioner believes that a person or firm 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 wh'ich is subject to any of the statutes listed in 5.1. No particular 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}(Z}(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 Administrative Law Judge, for designation of an Administrative Law Judge who shall conduct such hearings 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 appropriate). 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 I I I I I I I I I I I I I I I I I I I 94 341 of the labor standards provisions of any of the statutes listed in 5.1 shall be referred to the Administrator ~or appropriate ruling or interpretation. The rulings and .1nterpretations shall be authoritative and those under the Davls-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. ZOZI0. 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 t1e whenever the Secretary finds that such action is necessary and proper in the public interest or to prevent injustice and undue hardship. Variations, tolerances, and exemptions may not be made from the statutory requi rements of any of the statutes 1 i sted 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 business. 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 classes of contracts are found exempt from all provisions of that Act in order to prevent injustice, undue hardship, or serious impairment of Government business: (1) Contracts of $2,000.00 or less. (Z) Purchases and contracts other than con- struction contracts in the aggregate amount of $2,500.00 or less. In arriving at the aggregate amount involved, there must I I I I I I I I I I I I I I I I I I I 94 341 be included all property and services which would, properly be grouped together in a single transaction and WhlCh would 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 Uni ted States; the Oi stri ct of Col umbi a; Puerto Rico; the Virgin IslandS; Outer Continental Shelf lands defined in the Outer Conti nenta 1 She1 f Lands Act (ch. 345. 67 Stat. 46Z); American Samoa; Guam; Wake Island; Eniwetok Atoll; Kwaja1ein Atoll; and Johnston Island. (4) Agreements entered into by or on behalf of the Commodity Credit Corporation providing for the storing in or handling by commerica1 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, cooperative organization of citizens or farmers, corporations and other individuals pursuant to section 10 of the Tennessee Valley Authority Act of 1933 (16 U.S.C. 8311). (e) 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-ha1f overtime, compensation may be computed and paid under section 7 of the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 207), 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}'Z) of the Fair labor Standards Act and 778.7 of this title should 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(cJ providing a tolerance subdelegating 'authority to the heads of agencies to make appropriate adjustments in the assessment of liquidated damages totaling $500 or less under specified circumstances. , I . I I . I I . . . . I I I I ,. . . . 94 341 (4)(i) Time spent in an organized program of related supplemental instruction by laborers or mechanics employed under bona fide apprenticeship or uaining programs may be excluded from working time of the criterla 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.Z(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 (ll In the event of failure or refusal of the contractor or any subcontractor to comply wi th 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 1iquidated'damages due the United States, the available funds shall be used first to compensate, the laborers and mechanics for the wages, to which they are entitled (or an equitable portion thereof when the funds are not adequate for this 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. 6Z0 to provide nursing home care of veterans, no contractor or subcontractor under such contract shall be deemed in violation of section 10Z 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 institution primarily engaged in the care of the sick, the aged, or the mentally ill or defective who reside 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 peri od at a rate not 1 ess than 1 l/Z times the regular rate at which the individual is employed, computed in accordance with the requirements 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 lZI5-0017.) I I I I I 1 I I 1 1 I I' I I I 1 I I I 94 341 (3) Any contractor or subcontractor perform- ing on a government contract the principal pur~ose of which is the furnishing of fire fighting or suppress10n and related services, shall not be deemed to be in violation of Section 10Z 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)(l) 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 whi ch is arrived at before performance of the work. gross wages of total number of (A) not less than $300 hours worked in any The employee recei ves per week regardless of the workweek, and (B) Within any workweek the total wages which an employee receives are not less 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 hourl y 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 until. completion of the contract. (Approved by the Office of Management and Budget under OMB control number 1215-0017.) 5.16 Trai ni ng Plans Approved or Recogni zed 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 assisted 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 Oavi s-Bacon and Related Acts, was establ i shed I I II I I I 1 1 I 1 I I I I I I I I I 94 341 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 l1Z46, 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.S(a)(4)(iil 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 ZO, 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 mll'it be paid at "the rate specified in the program for the level of progress. Any such employee 1ist,ed on the payroll at a trainee rate who is not registered and participating in a program certified by ETA pursuant 'to this section. or approved and certified by ETA pursuant to 5.5(a)(4}(ii}, 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) I n the event a program whi ch 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 ap~roved. have ~ot been complied with, or that such a program falls to provlde 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. I I I I I 1 I I 1 I I I I I I I I I I 94 341 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. SB-349) to the Davis-Bacon Act require, among other things, that the prevailing wage determined for Federal and federally-assisted construction include: ,(a) the basic hOurly rate of pay; and (b) the amount contributed by the contractor or subcontractor for certain fringe benefits (or the cost to them of such benefits). 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 carryi ng out its responsi bil i ties 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 with these provisions of the law. The interpretations contained in this subpart are author- itative and may be relied upon as provided for in ~ection 10 of the portal-to-portal Act~f 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 fully covered by this 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, Th'e Davis-Bacon Act and the prevail i ng wage prov is ion s of the related statutes listed in 1.1 of this subtitle confer upon, the Secretary of Labor the authori ty to predetermi ne, as minimum wages, those wage rates found to be prevailing for corresponding classes of laborers and mechanics employed on projects of a character similar to the contract work ~n the area in which the work is to be performed. See paragraphs (a) and (b) of 1.2 of this subtitle. The fringe benefits amendments enlarge the scope of this authority by including 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 fri nge benefi ts provi si ons of the 1964 amendments to the Davis-Bacon Act are, in part, as follows: II I I I 1 1 1 1 1 I 1 1 I I I 1 I I I 04 341 (b) As used in this Act trie term "wages", "scale of wages", "wage rates", "minimum wages", and "prevailing wages" shall include - (1) The basic hourly rate of pay; and (Z) 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 whi ch may be reasonably anti ci- pated in providing benefits to laborers and mechanics pursuant to an enforceable commitment to' carry out a financially responsible plan or program which was communicated in writing 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 provide any of the foregoing, for unemployment benefits, life insurance, disability and sickness insurance, or accident insurance. for vacation and holiday pay, for defraying cost~ of apprenticeship or other similar programs, or for other bona fi de fri nge benefi ts, but on1 y where the contractor or subcontractor is not required by other Federal, State, or local law to provjde any of such benefits. 5.24 The Basic Hourly Rate of Pay. "The basic hourly rate of pay" is that part of a 1 aborer' s or mechani c's wages 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 nding of the rate of contribution or cost of fringe benefits. Only 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 I I I 1 I I 1 I I I I I I I I I I I 1 94 341 of payment other. than an hourly rate. "In such cases,the, Secretary may 10 his discretion express in the wage determination the rate of contribution or cost used in the formula or method or may convert i~ to an hourly ,ra,te of pay whenever he finds that such actlon would facl1ltate the . administration of the Act. See 5.5(a)(I)(i) and (iii). 5.26 ....Contribution Irrevocably Made...to a Trustee or to a Third Person". Under the fringe benefits provisions section l(b}(Z} 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 contractor or subcontractor. The trustee must assume the usual fiduciary responsibilities imposed ~pon 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 divert 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)(2HA) of the act). The phase .fund, plan, or program" is merely intended to recognize the various types of arrangements commonly used to provi de fri nge benefi ts through employer contri buti ons. The II I I 1 I I I I 1 I I I I I I I I I I 94 341 phrase is identical with language contained in section 3(1) 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. 5.2B Unfunded Plans. (a) The costs to a contractor or subcontractor which may be reasonably anticipated in providing benefits of the types descri bed in the act pursuant to an enforceab1 e commitment to carry out a financially responsible plan or program, are considered fringe benefits within the incanning of the act (see l(a)(Z}(B} of the act}. The legislative history suggests that these provi si ons were intended to permi t 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. 30S, 88th Cong.. 1st Sess. p. 4). (b) No type of fringe benefit is eligible for consideration as a so-called unfunded plan unless: (11 It could be reasonably anticipated to provide benefits described in the act; (2 ) legally enforced; (3) It is carried out under a financially responsible plan or program; and I t represents a commi tment that can be (4) The plan or program provi ding the benefi ts has been communi cated in wri ti ng to the laborers 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 ln order to insure against the possibility that these provisions might be used to avoid compliance with the act, the I I I 1 i I I I 1 I I I I I I I I I I I 94 341 94 ..... 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 ~o set,as~de in an account assets whi ch , under sound actuarl a,l phl nCl pl es, will be sufficient to meet the future ob1igatlon 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 ~mp1emented by the contractual provisions required by 5.5(a)(ll(lV}. 5.29 Specific Fringe Benefits. (a) The act lists all types of fringe benefits which the Congress considered to be common in the construction industry as a whole. These inc1ud~ 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 accident insurance, vacation and holiday 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 specifi c standards relating to administration of fringe benefits. It was assumed that the 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 fi de fri nge benefi ts" 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 cular area in order f or the Secretary to fi nd that it is prevail i ng in tha t 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 I I I I I I I I I 1 I 1 I I I I I I I 94 341 those fringe benefits listed in paragraph (a) of this section which are funded under a trust or insurance program. Contract- ors may take credit for contributions made under such conventional plans without requesting the approval of the Secretary of Labor under S.S(a)(l)(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 determine whether they are "bona fide" in accordance with 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.S(a)(l)(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 benefits. For example, 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. (a) When fringe benefi ts are prevail i ng for various classes of laborers and mechanics in the area of proposed cons truct ion, such benefi ts are i nc 1 udab 11 in any Oavis-Bacon wage determination. Illustrations, contained in paragraph (c) of this section, demonstrate some of the different types of wage determinations which may be made in such cases. (b) Wage determi na ti ons 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 cuh wages llihich are prevailing for the various classes of laborers and mechanics. An illustration of this situation is contained in paragraph (c) of this section. 94 " 11 1 ,) :E- I _.- -... - III -.::/' 1110 I 1110: 0: - III Co a' I _.Ill ... := -.0 III ... III 1 ...Co 0 .,... ::/' _._. 1 -III 0: "" II> 0 ... ., ., 3 I ~~ ...... _. 0 -, := II> 1 0 := := 0 -... '< := I -Ill " III II> II> ~ I ., _. - '< _. I := ... ::/' III I III )< ~ " ... I "" 0 ., 3 I _. := :E ::/' -, I " ::/' Co III 1 ... III ., 3 := I ~ ... -, 0 := II> I I ..., r- . - ... '"' ... '" r- r- > > > 0 C ,., - '" "" z :3: ..., z ... 0 :0: "" .... .... ,., '" '"' 0 ,., '" ,., Z ,., r- :::l '" - '" .... '" > ,. '" C'"l '" '"' '" '" ,., - '" . '" '" > '" ,., '" Z '" '" ",::::"" ... >0> ... ... "" ... "" ....C'" "" "" "" 0 ,.,"'- N , ",r-..., .." .." 0 0 .." -< , , , , :0::::: , ... , ,.,'" I 0 I r-> I . I ..,r- , - - - - I >.... I .." 0 .." .." I ",:::: I I , : '"'"" , , I I ... I ,., I Z I '" ... I - .., 0 I 0 '" I Z - N - - , '" Z 0 .." 0 , C"> , ,., I "" I ,., I < 20 , > ,., , ..., .., , > - I ... .... .... I 0 - '" , 0 - , N :or: ... 0 , 0 '" > I -< :3: ... I I , , I :or: I I I , , .... , , , , I .......> '" I , I I I :I:In~ I ... I I I , 0...... , 0 I , , I C">",'" I . I , I I ""::::'" , 0 I , I I >_20 I '" , I I , :3:...' , I I I I , , , I I , , , , I I I 0 , , , I , I .... , , , , I I :::: I I , I I , ,., , I I I I I "" I , I I I I VI I I I I I I I I I I I , " - - r- r- c: '" .... '" > .... o z '" r- I I I 1 I I 1 I I I I I I I I I I I 1 94 341 5.31 Meeting Wage Determination Obligations. (a) A contractor or subcontractor performing work subject to a Davis-Bacon wage determination may disc~arge his minimum wage obligations for the payment of both stralght time wages and fringe bene!its by .pa~~ng ~n cash, m~king payments or i ncurri ng costs for bona fl de frl nge benefl 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 obl i gations for the payment of the basi c hO~rly ra.tes and the fri nge benefi ts where both are conta 1 ned 1 n a wage determination applicable to his laborers or mechanics in the following ways: (1) By paying not less than the basic hourly rate to the laborers or mechanics and by making the contri buti ons for the fri nge benefi ts in the wage determi na- 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 (Z) 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 allount 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 contributions of not less 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 examp 1 e, where an emp 1 oyer 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 benefi~s); or I I I I I 1 I I I I I I I I I 1 I I I 94 341 (4) As stated in paragraph (a) of this section, the contractor or subcontractor may. discharge his minimum wage obligations for the payment of stralght 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 fringe benfits. 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 fringe benefits in the computation of overtime under the rair Labor Standards Act, the Contract Work Hours and Safety Standards Act, and the WalSh-Healey Public Contracts Act whenever the overtime provisions of any of these statutes apply concurrentl y wi th the Davi s-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 llb)(l) of the Davis-Bacon Act. (See S. Rep. No. 963, p. 7.) Contri buti ons 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 fri nge benefi ts. The contractor's contri buti ons or costs for fringe benefits may be ex~luded 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. plan, or program" was added to the bill in Committee. 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 committee was to prevent any avoidance of overtime requirements under existing law. (See H. Rep. No. 308, p. 5.) I- 'I I I I I I I I I I I I I I I I I I 94 341 (c)(1) The act permits a contrac~or 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 (a). For example, the w construction contractor pays his laborerS or mechanics $3.50 in cash under a wage determination of the Secretary of Labor which requires a basic hourly rate of $3 and a fringe benefi t contri buti on 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 (Z) and (3) of this paragraph. (2) The X constructi on 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 welfare 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 basic 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.) I I I I I 1 1 1 I I I I I I I I I I I 94 341 APPENDIX A STATUTES RELATED TO THE DAVIS-BACON ACT REQUIRING PAYMENT OF WAGES AT RATES PREDE- TERMINED BY THE SECRETARY OF LABOR 1. The Davis-Bacon Act (secs. 1-7,46 Stat. 1494, as amended; Pub. L. 74-403. 40 U, S.C. Z76a-Z76a-71. Z. National Housing Act (sec. ZIZ added to c. B47. 4B Stat. 1Z46. by sec. 14. 53 Stat. B07; 1Z U.S.C. 1715c and repeatedly amended). 3. Housing Act of 1950 (college housin9) (amended by HOusing Act of 1959 to add labor provisions, 73 Stat. 6B1; 1Z U.S.C. 1749a(f)}. 4. Housing Act of 1959 (sec 40l(f) of the Housing Act of 1950 as amended by Pub. L. B6-372, 73 Stat. 681; 12 U.S.C. 1701q(c}(3)). 5. Commercial Fisheries Research and Development Act of 1964 (sec. 7. 7B Stat. 199; 16 U.S.C. 779c(b)}. 6. Library Services and Construction Act (sec. 7(a), 7B Stat. 13; ZO U.S.C. 355c(a}(4}, as amended). 7. National Technical Institute for the Deaf Act (sec. 5(b)(5), 79 Stat. lZ6; ZO U.S.C. 684(b)(5}). B. National Foundation on the Arts and Humanities Act of 1965 (sec. 5(k), 79 Stat. 846 as amended; ZO 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), B4 Stat. 169, and renumbered sec. 433, by Pub. L. 9Z-31B; title Ill, sec. 30l(a}(ll, B6 Stat. 326; 20 U.S.C. 1Z3Z(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.l08(b), 70 Stat. 378, recodified at 7Z Stat. 895; 23 U.S.C. 113(a}, as amended), see part i cu lar1 y the amendments in the F edera 1-Ai d Highway Act of 1968 (Pub. L. 90-495. 62 Stat. B15). I I I I I I I I I I I 1 I I I I I I I 94 341 11. Indian Self-Determination and )Education Assistance Act (sec. 7, BB 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) B7 Stat. 384, 29 U.S.C. 776(b)(5}). 14. Comprehensive Employment and Training Act of 1973 (sec. 606, 87 Stat. BBO, renumbered sec. 706 by B8 Stat, 1845; 29 U.S.C. 9B6; also sec. 604, B8 Stat. IB46; 29 U.S.C. 964(b) (3)). 15 State and Local Fi scal Assi stance Act of 1972 (sec. 123(a)(6), 86 Stat. 933; 31 U.S.C. 1246(a)(6)). 16. Federal Water Pollution control Act (sec. 513 of sec. 2. 86 Stat. B94; 33 U.S.C. 1372). 17. Veterans Nursi ng Home Care Act of 1964 (7B Stat. 502, as amended; 3B U.S.C. 5035(a}(8)). lB. Postal Reorganization Act (sec. 410(b}(4}(C)} ; B4 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. 808). 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. Hospi ta 1 amended by the Hospital 1964 (sec. 605(a)(5), 78 Survey and Construction Act. as and Medical Facilities Amendments of Stat 453; 42 U.S.C. 291e(a)(5)). 23. Health Professions Education Assistance Act (sec. 303(b), 90 Stat. 2254; 42 U.S.C. 293a(g}(l}(C); also sec. 308a, 90 Stat. 2256, 42 U.S.C. 293a(c}(7)}. 24. Nurse Training Act of 1964 (sec. 94l(a)(1)(Cl. B9 Stat. 364; 42 U.S.C. 296a(b)(5)}. 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}). I I I I I I I I I I I I I I I I I I I 94 '1 ~ . . 26. Safe Drinking Water Act (sec. 2}(a), see 14S0e 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), 8B Stat. 2261, 42 U.S.C. 3000-3(b)(l}(H)). 28. U,S. Housing Act of 1937, as amended and recodi- fied (88 Stat. 667; 42 U.S.C. 1437J). sec. 29. Demonstration Cities Development Act of 1966 (secs. 110,311, 1259, 1270, 1277. 12B4; 42 U.S.C. 3310; U.S.C.1437j). and Metropol i tan 503, 1003, 80 Stat, 12 U.S.C. 1715c: 42 30. Slum Clearance Program; Housing Act of 1949 (sec. 109,63 Stat. 419, as amended; 42 U.S.C. 1459). 31. Fram 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}}. 32. Housing Act of 1961 (sec. 707. added by sec. 907, 79 Stat. 496, as amended; 42 U.S.C. 1500c-3). 33. Defense Hous i ng and Communi ty F aci 1 i ti es and Services Act of 1951 (sec. 310, 65 Stat. 307; 42 U.S.C. 1592i). 34. Special Health Revenue Sharing Act of 1975 (sec. 303, see sec. 222(a}(S) thereof, 89 Stat. 324; 42 U.S.C. 26Sgj(a}(S)). 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. 2992a). Opportunity, and Community see sec. 811 thereof, 88 37. Housing and Urban Oevelopment 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. B9-73, as amended by sec. 501, Pub. L. 93-29; 87 Stat. 50; 42 U.S.C. 3041a(a)(4)). 39. Public Works and Economic Development Act of 1905 (sec. H2, 79 Stat. 575 as amended; 42 U.S.C. 3222). I I I I I I I I I I I I I I I I I I I 94 341 40. Juvenile Delinquency Prevention Act (sec. 1, 86 Stat. 536; 42 U.S.C. 3B84). 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. 1B03i 42 U.S.C. 4529). 43. Domestic volunteer Service Act of 1973 (sec. 406, B7 Stat. 410i 42 U.S.C. 5046). 44. (secs. 110, 1440(g)}. 45. Developmentally Disabled Assistance and Bill of Rights Act (sec. 126(4), B9 Stat. 488; 42 U.S.C. 6042(4); title I. sec. 111,89 Stat. 491; 42 U.S.C. 6063(b)(19)). Housing and Community Development Act of 1974 B02(gl, BB Stat. 649, 724; 42 U.S.C. 5310, 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. ID08; 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. 2B28i 42 U.S.C. 6979). 49. Ra i 1 'Passenger Servi ce Act of 1970 (sec. 405d, 84 Stat. 1337; 45 U.S.C. 565(~)}. 50. 78 Stat. 307; 1609} . Urban Mass Transportation Act of 1964 (sec. 10, renumbered sec. 13 by 88 Stat. 715; 49 U.S.C. 51. Highway spied ground transportation study (sec. 6(b), 79 Stat. 893; 49 U.S.C. 1636(b}). 52. Airport and Airway Development Act of 1970 (sec. 22(b), B4 Stat. 231; 49 U.S.C. 1722(b)). 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} . 1 I I I I 1 1 1 I 1 I I I I I 1 I 1 I 94 341 55. 4, BO Stat. Code) . 56. Stat. 714, of the plan 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] I I I 1 I I I I I 1 I I I I I I 1 1 1 94 341 T lTLE 40 USC SECTIONS 327 - 330 PUBLIC LAM B7-5Bl 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 flnancl~l a,ld of, the Unlted States, for any territory, or for the D1StrlCt of Columba, and for other purposes. Be it enacted by the Senate and House of RepresentativeS of the United States of America in Congress assembl ed, that thi s Act may be ci ted as the' "Work Hours and Safety Act of 1962" and title I may be cited as the "Contract work Hours and Safety Standards Act". TITLE I - CONTRACT MORK HOURS AND SAFETY STANDAROS ACT SEC. 101. means the Secretary Labor. As used of Labor, here in, the term "Secretary" United States Department of SEC.102.(a) Notwithstanding any other provision of law, the wages of every laborer and mechanic employed by any contractor or subcontractor in his 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 ;n wh;ch any such 1 aborer or mechani cis so employed, such wages sha 11 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. (b) The following provisions shal~ be a condition of every contract of the character specified in section 103 and of any obl;gation of the United States, any territory, or the Distr;ct of Columbia in connection therewith: (1) No contractor or subcontractor con- tracting for any part of the contract work which may require II I I I I I I I I I I I I I I I I I I 0.94iJ~~e the employment of laborers or mechanics shall require or permit any laborer or mechanic, ~n any workweek in which he is employed on such work, to work ln excess of eight hours in any such calendar 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 provlslons of paragraph (1), the contractor and any subcontractor responsible therefor shall be liable 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 District or to such territory) for liquidated damages as provided therein. Such liquidated damages shall be computed. with respect to each individual employed as a laborer or mechanic in violation of any provisions of this Act, in the sum of S10 for each calendar day on 'which such individual was requi red 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 thi S 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 payable on account of work performed by a cont~actor 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 whi ch the Uni ted 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 Dhtrict of Columbia, or (3) which is a contract for work financed in whole or in part by loans or grants from, or loans insured or guaranteed by. the United States or any agency or instrumentality 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 assistance from the United 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 I I I I I I I I I I I I I I I I I I I 94 341 performance of any part of the work contemplated by such contract, and for purposes of this Act. laborers and mechanics shall include worltmen performing services in connection with dredgi ng or rock excavati on in any ri ver 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 office~ or person designated as inspector of the work to be performed under any contract 01 the character specified in section 103, or to aid ,in the enforcement or fulfillment thereof shall, upon observation 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 occurring in the performance of such work, together with the name of each laborer or mechanic who was required or permitted to work in violation of such provisioris 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 connection 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 withheld for the use and benefit of the laborers 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 respecti ve amounts admi ni stra- tively determined to be due, if the funds withheld are adequate, and, if not, an equitable proportion of such amounts. (b) 1 f the accrued payments wi thhe 1 d under mechanics with respect to whom there has been a failure to pay the wages r.equi red pursuant to thi s Act, such laborers and mechanics shall, in the case of a department or agency of the Fe,deral Government, have the rights of action and/or of inter- vention against the contractor and his sureties conferred by I I I I I I I I I I I I I I I I I I I 94 :14 1 law upon persons furnishing labor or materials, and in such proceedings it shall be no defense that such laborer$ and mechanics accepted or agreed to accept less than the required rate of wages or voluntarily made refunds. (c) Any contractor or subcontractor aggrieved by the withholding of a sum ~s liquidat~d d~mages as provided in this Act shall have the rlght, wlthln SlXty days thereafter. to appeal 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 assist~nce.for the work. is. provided, or to the Commissioners of the Dlstrlct of Columbla ln the case of liquidated damages withheld for the use and benefit of said District. Such agency head or Commissioners, as the case may be, shall have authority to review the administrative determination of liquidated damages and to issue a final order affirming such determination; or, H 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, recommendations may be made to the Secretary that an appropriate adjustment in liquidated damages be made, or that the contractor or subcontractor be re1 ieved 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. (d) Reorganization Plan Numbered 14 of 1950 (15 r .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 provide 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 r----- I I I I I I I I I I I I I I I I I I I 94 341 injustice or undue hardship ~r to avoid serious impairment of the conduct of Government buslness. 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 which t~i.s Act app.1ies, who shall intentionally violate any provlslons of thlS 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 Sl,OOO 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 sha 11 requi re any 1 aborer or mechani c employed in the performance of the contract to work in surrounding or under working conditions which are unsanitary, hazardous, or dangerous to his health or safety, as determined under 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 proceeding~ include a hearing of the nature authorized by said section. In formulating such standards. the Secretary shall consult with the Advisory Committee created by subsectio~ (e). (b) The Secretary is authorized to make such inspections, hold sucn hearings, issue such orders, and make such decisions based on findings of fact, as are deemed necesS!lry to gain compliance with this section and any health and safety standard prolllu1gated by the Secretary under sub sec t ion (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 (ll or (2) of section 10J(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 noncompliance, 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 (3) of I I I I I I I I I I I I I I I I I I I 94 341 section 103(a), the governmental agency by which financial guarantee, assi stance, or insurance for the contract w.ork is provided shall have the right to wlthhold any such asslstance attributable to the performance of the contract. Section 104 of this Act shall not apply to the enforcement of this sectiofl. (c) The United States district courts shall have jurisdiction for cause shown, in any actions brought by the Secretary, to enforce compliance with the construction safety and health standard promulgated by the Secretary under subsection (a). (d) (1) I f the Secretary determi nes 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 (b) 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 di stribute each name so' transmi tted 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 substantial interest until 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 which the contractor or subcontractor has a substantial 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 forthwi th 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 file in the court the record he based his action, as provided in section 2112 of I I I I I I I I I I I I I I I I I I I 94 341 title 2B, 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 reV1eW by the Supreme Court of the Unlted States upon certiorari or certification as provided in section 1254 of title 28, United States Code. (e) (I) 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 suc~ 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 employ~es 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 Advisory Committee shall, while serving on the business of the Advisory Committee, be entitled to receive compensation at rates fixed by the Secretary, but not exceedi ng $100 per day, i nc1 udi ng 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 I I I I I I I I I I I I I I I I I I I 94 341 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 cert if i ed fixed number of apprenti ces to journeymen, the awarding agency shall notify the Division of Apprenticeship Standards. (Added by Stats. 197B, Ch. 1249.) 1776. (a) Each contractor and subcontractor shall kee an accurate a ro recor, S OWln t e name, a ress, SOCla securlt num er, work c aSSl lcatlon stral t tlme and overtlme ours wor e eac da an wee an t e actua er dlem wa es ald to eac ourne man, a ren lce wor er or ot er emp oyee emp oye Y 1m or er ln connectlon wlt t e pub11C work. (b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the contractor on the following basis: (1 ) payroll record shall be furnished to such employee ative on request. A certified copy of an employee's made available for inspection or or his or her authorized represent- (2) A certifi ed copy of a 11 payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract, The Division of Labor Standards I I II I I I I I I I I I I I I I I I I 94 31' Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. (3) A certified copy of all payroll records enumerated in subdi vi sion (a) shall be made avai labl e upon request to the public for inspection or copi,es thereof made provided, however, that a request by the publlC shall be made' through ei ther the body awarding the contract, the Division 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 or t~e recores enumerated in subdivision (a) with the entity that requested such records ~ithin 10 days after receipt of a written request. (el Any con of records made available for ';:,S~E:::t'.or. H copias and furnished upon request to the public or a~y p..a i i:: agen::y ';)y tt',e awardi ng body, the Di vi si on of A jJ ~ r e n ~ ; C e s nip S tan G a:" d s 0 r the D i vis ion 0 f L. a b 0 r S ta n d a r d s Enforce~ent snali Da ~arkea or obliterated in such a manner as to ~rcvent cisclosure of an individual's name, address and soc,a' securlty r,u~';)er. The name and address of the contractor awaree:! tne cor.tract or ~erforming the contract shall not be ~ar~ed or Obliterated. (el The contractor shall inform the oody awarcing the contract of the location of the records enumeratec unucr suDdivision (ai, including the street address. ci~y anc county. ana shail, within five working days, provide a notice of a Change of location and address. (f) In the event of noncompi iance wi th tiiC requirements of this section, the contractor shall have 10 days in wnl ch to comply subsequent to receipt of wri tten noti ce specifying in wnat respects such contractor must comply wit~ this section. Should noncompliance still be eviaent after SuCh 10-day period, the contractor shall, as a penaity to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars (S25) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeshi p Standards or the Divi sion of Labor Standards Enforc-ement, 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 this section. Such stipulations shall fix the responsibility for compliance with this section on the prime contractor. I I I I I I I I I I I I I I I I I I I f.f 1t1 (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. 1798) 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. 197B. Ch. 1249.) 1777.5. employment of works. Nothing property in thi s registered chapter shall apprentices prevent the upon publiC standard wa e or trade at t e work Only apprentices" as d.efined in Section 3077, who are in training under apprentlceshlp 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 pub 1 i c works. The emp 1 oyment and tra i ni ng of each apprenti ce 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 0 ltlca subdlV1S10n, or an su contractor under hlm, ln er ormln an 0 t e wor un er t e contract or subcontract, em 0 s workmen ln an a rentlcea e cra t or trade. the contractor and su contractor s a a to t e olnt a rentlceshl commlttee a mlnlsterln tea rentlces 1 standards 0 t e cra t or trade ln the area 0 t e s te 0 the ub lC wor or a certl lcate a rOVln t e contractor or subcontractor under tea rentl ces standards or the o ment and tralnln 0 a rentlces ln t e area or ln ustr ected: provl e , however, t at t e approva as estab lS ed by the Joint apprenticeship committee 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 committee or committees administering the apprenticeship standards of the craft or trade in the area of the site of the pub 1 i c work to ensure equa 1 emp 1 oyment and a ff i rma t ive action I I I I I I I I I I I I I I I I I I I 94 341 in apprenticeshiP for women and minorities. contractors or subcontractors shall not be required to submit individual applications for appl"oval to local joint apprenticeship committeeS provided they are already covered by the local apprenti ceshi p standards. The I"ati 0 of apprenti ces to ourne men who sha 11 be em 10 ed 1 n the cra ft or trade on the ub 1 c work ma be the I"atl0 Stl u ated 1 n the a rentl ceshl standards under iNh 1 ch the jOl nt a rentl ces 1 commi ttee o erates but ln no case sha the I"atlo be ess than one a rent1Ce or each lve ourne men, exce t as othel"W1Se provlded ln thlS sectlon. "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 Administrator of Apprenticeship, exempting a contractor fl"om the l-to-5 ratio set forth in this section when it findS that anyone of the following conditions is met: (a) In the event unemployment for the previouS three month period in such area exceeds an average of 15 percent, or lb} 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. (e) 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 I I I I I I I I I I I I I I I I I I I 94 341 (d) If assignment of an apprentice to any work. performed under a publ ic work.s contract would create a condition which would jeopardize his life or the life, safety, or property of fellow employees or the public at large 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 exempti ons are granted to an organi za ti on whi ch represents contractors in a speci fi c trade from the 1-to-S ratio on a local or statewide basis the member contractors will not be required to submit individual applications for approval to local joint apprenticeship committees, provided they are already covered by the local apprenticeship standards. A contractor to whom the contract is awarded, or an subcontractor under hi m, who, in er orml n an 0 the work. under the contract, em 0 5 ourne men or a rentl ces 1 n an a rentlceab e cra t or trade and who lS not contrl utln to a und or unds to admlnlster and conduct tea rentlceshl program 1 n any such cra t or trade 1 n t e area 0 t e Sl te 0 the publlC work, to WhlCh fund or funds other contractors ln the area of the Slte of the publiC work are contributin~, shal~ contrlbute to t e und or unds ln eac cra t or tra 'e ln w ic he employs journe men or apprentices on the publiC work ln the same amount or upon the same bas 1 sand in the same manner as the other contractors do, but where the trust fund admlnlstrators are unable to accept such funds, contractors not Sl nator to the trust a reement shall pa a llke amount to the a 1 ornl a rentl ces 1 ouncl. e contractor or su contractor may ate 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 apprenticeab1e occupations with the prime contractor. under 3081. All decisions of the joint apprenticeship committee this section are subject to the provisions of Section (Amended by Stats. 1976. Ch. 1179.) I I I I I I I I I I I I I I I I I I I 94 341 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 ~he ground of the race, religious creed, color, natlonal orlgln, 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: (1) Be deni ed the ri ght to bi d on any pub1 ic works contract for a period of one year from the date the determination of noncompliance is made by the Administrator of Apprenticeship; and In the event a contractor willfully provisions of Section 1777.5, such (2) Forfeit as a civil penalty in the sum of fi fty doll ars ($50) for each ca 1 endr day of noncomp1 i ance. 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 Counci 1. (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.) I I I I I I I I I I I I I I I I I I I 94 341 EQUAL EMPLOYMENT OPPORTUNITY EXECUTIVE ORDER 11246 AS AMENDED BY EXECUTIVE ORDER 11375 Under and by virtue of the authori ty vested in me as President of the United States, it is ordered as follows: PART I NONOISCRIMINATION 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 appropriate to achieve the purposes thereof. Subpart B - Contractors' Agree.ents SEC. 202. Except in contracts exempted in accordance with section 204 of this order, all Government contracting agencies shall i ncl ude in every GovernMent contract hereafter entered into the following provisions: During the performance of this contract, the contractor agrees as follows: (I) The contractor will not dis- criminate aganst any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex. or national origin. Such action shall include, but no't be limited to the following: employment, upgrad- ing, demotion, or transfer: recruitment or recruitment advertising; layoff 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. I I I I I I I I I I I I I I I I I I I 94 341 (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 uni on or representati ve of worKers with which he has a collective bargaining agreement or other contract or understanding. a noti ce. to be provided by the agency contracting officer, advising the labor union or worKers' representati ve 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 provisions 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 furni sh all i nformati on and reports requi red by Executi ve Order No. 11248 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto. and wi 11 permi t access to hi s 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, ~r orders. thi s contract may be canceled, terminated, or suspended in whole 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 remedi.s involved I I I I I I I I I I I I I I I I I I I 94 341 as provi ded in Executi ve 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 (1) through (7) 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 No. 11246 of September 24, 1965, so that such provisions 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 resu1 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. 2D3. (a) Each contractor having a contract containing the provisions prescribed in section 202 shall file, and shall cause each of his subcontractors to file, compliance reports with the contracting agency or the Secretary of Labor as may be directed. Comp 1 iance reports sha 11 be fil ed wi th in such times and shall contain such information IS 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, compliance 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 understanding with a labor union or an agency referring workers or providing or supervising apprenticeship or training for such workers, the compliance report shall include I I I I I I I I I I I I I I I I I I I 94'341 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 obta in 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, sighed by an authorized officer or agent on beha If 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 additional 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 provisions of section 202 of this 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; (31 involving less than specified amounts of money or specified number of workers; or (4) to the ex tent tha t they i nvo lve subcontrac ts be low a spec Hied 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 from activities of the contractor rel ated to the performance of the contract; Provided, That such an exemption will not interfere with or I I I I I I I I I I I I I I I I I I I 94 341 impede the effectuation of the purposes of this orde,r: And provide further, That in the absence of such an exemptlon 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 responsibflity 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 information and assistance as he may require 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 offi cers to seek compl iance wi th the objectives of this order by conference, conciliation, mediation, or persuasion. SEC. 206. (a) The Secretary of Labor may i nvesti ga te 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 contractura1 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 recei ve 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 provisions, specified in section 202 of this order. If this investigation is concluded for the Secretary of Labor by a contrac~ing agency, that agency shall report to the Secretary what action has been taken or is recommended wi th regard to such complaints. I. I I I I I I I I I I I I I I . I I I 94 341 SEC. 207. The Secretary of Labor shall use his 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 approprlate cases. notlfy the Equal Opportunlty Commission, the Department of Justice, or other appropriate 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, publ ic 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 this section prior to imposing, ordering, or recommending the imposition of penalties and sanctions under this order. No order for debarment of any contractor from further Government contracts under section 209(a}(6) shall be made without affording the contractor an opportunity for a hearing. Subpart 0 - Sanctions and Penalties SEC. 209. (a) fn accordance with such rules. regulations, or orders IS the Secretary of Labor may issue or adopt, the Secretary or the appropriate contracting agency may: (1) Publish, or cause to be pub 1 i shed, the names of contractors or uni ons whi ch it has concluded have complied or have failed to comply with the prOV1Slons of this order or of the rules, regulations,. and orders of the Secretary of Labor. (2) Recommend to the Department of 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 I I I I I I I I I I I I I I I I I I I 94 341 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 Civi~ Rights Act of 1964. (4) Recommend to Justice that criminal proceedings be brought of false information to any contracting Secretary of Labor as the case may be. (5) 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. ' the Department of for the furnishing agency or to the (6) Provide that any contracting agency sha II refrain from enteri ng 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 th is sec t ion, or before a contract s ha 11 be cance 11 ed or terminated in whole or part under subsection (a)(S) 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 authorized by this subpart, whether on its own motion, or as directed by the Secretary of Labor, or under the rules and regulations of the Secretary. shall promptly notify the Secretary of such acti on. 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 I I I I I I I I I I I I I I I I I I I 94 341 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 prospective contractor unless the bidder or prospective contractor has satisfactorily complied with the provisions of thi s order or submi ts a program for compl iance acceptable to the Secretary of Labor or, if the Secretary so authori zes, to the contracting agency. SEC. 212. \1henever 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 with regard to nondiscrimination, the Secretary of Labor, or the contracting agency involved, 'shall promptly notify the Comptroll er General of the Uni ted 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 provide for issuance of a U.S. Government certificate of merit to employers or labor uni ons, or other agenci es whi ch 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 the holder thereof, in the judgement of the Secretary, has hi 1 ed to comply with the provisions of this order. SEe. 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. I I I I I I I I I I I I I I I I I I I 94 341 PART 111 NONDISCRIMINATION PROVISIONS IN FEDERALLY ASSISTED CONSTRUCTION CONTRACTS SEC. 301. Each exec uti ve department and agency whl'ch administers a program involving Federal financial assistance shall require as a condition for the approval of any grant, contract, loan, insurance, or guarantee thereunder, which 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 cred it 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, O'r 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 appropriate to estab1 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: (1) to assist and cooperate actively with the admi ni steri ng 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 super vis i on of such comp 1 iance; (3) to carry out sancti ons 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 11, subpart 0, of thi s order; and (4) to refrain froll 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 0, of this order. SEC. 302. (a) "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. wlth respect to whom an application for any grant, contract, I I I I I I I I I I I I I I I I I I I 94 341 loan, insurance, to the effecti ve applicant after assistance. SEe. 303 (a) Each admi ni steri ng department and agency shall be responsible for obtaining the compliance of such applicants with their undertakings under this order. Each admi ni steri ng department and agency is directed 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. or guarantee date of thi s he becomes is not finally acted upon prior part, and it includes such an a recipient of such Federal (b) In the event an applicant fails and refuses to comply with his undertakings, the administering department or agency may take any or all of the following actions: (I) 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) refra i n from extendi ng any further assi stance to the appl i cant under the program wi th respect to whi ch 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 (b) 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 (2) of subsection (b) 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 this order, may delegate to the Secretary of Labor by agreement such responsibilities with respect to compliance standards, reports, and procedures as would tend to bring the administration of such requirements into conformity with the administration of requirements imposed, under this 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 shall be taken in conformity with the procedures and limita- tions prescribed in section 602 thereof and the regulations of the administering department or agency issued thereunder. I I I I I I I I I I I I I I I I I I I 94 341 94 34~ PART IV - MISCELLANEOUS SEC. 401. The Secretary of Labor may delegate to any offi cer, or employee in the executi ve branch of the Governmen't, any function or duty of the Secretary under parts II and III of this order. except authority to promulgate rules and regulations of a general nature. SEC. 402. The Secretary of admi ni strati ve support for the execution as the "Plans of Progress". Labor shall provide of the program known SEC. 403. (a) Executive Orders Nos. 10590 (Jan. lB. 1955), 10755 (Aug. 5, 1957), 10925 (Mar. 6, 19611. 11114 (June 22, 1963), and 11162 (July 28, 1964), 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 di rectives issued by the President I 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 b.y this order, shall, to the extent that they are not inconsistent with this order, remain in full force and effect unless and until 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 I FEDERAL MINIMUM WAGES I 94 341 I I I I Attention is directed to Section 6, 'Federal Requirements lor Federal-Aid Construction Projects'. in the Notice to Contractors and Special Provisions lor this proJect; and Decision No. CA93-2 of the Secretary of Labor, included herein. I GENERAL WAGE DETERMINATIONS ISSUED UNDER THE DAVIS-BACON AND RE1.A TED ACTS ~n.r.l )eel.10ft Muaaer CAt3000Z superseced Qanarll Oecl11on No. CAtl0002 Stat.: c~11torni. I con.truc~lon Type: BU114i.nct H.avy Hiql\vay R..lclanCl&l I COUftcyl i.I>>: IllPUIAI. INYO XEIUI ~s AHGEUS """" alWlGE RIVDSIDE SAIl IEUAAllIIIO SAIl WIS OIUfO SAIlTA 1lA"~.R VEImlIlA I IlUIl.1lIWG CDNSTllUc:rIOIl PROJECTS I HEAV"t CONSTIlUc:rIO. PROJICTS lIoC. _"he"l. co 1"'1 fG~CNC VOl'. or v.~" ...U. Ul111a11 In Kern COUftcy. not ."l1ca.11 ~ 011 vell ~il1iDf I HIGHWAY CONSTIl1lc:rION naJECTS I I I RESIDEllTIAL CONSTllUcnO. 'ao.1Ec:'rS (l"Cl~.. 11",11 f..iiy ho". aft4 .part..ncI ~p CO and incl~t~ 4 acori..) . MoC ."llclal. co r..ldanCll1 Coft8c~~i.aft pro3ecta ift Inyo &n4 Mono COWtC i... CREDGING PROJEc:'rS ,",il va,. 4eci11011 doe. noe i.nclude ftopper dl'''. wo!'tr. 01' UMl 1ft.call.Clan ot lolar enarqy .y.c.... . I Modl!lcaClon ~u.ae~ o I , PuaLicAC10n Oace ::/1.91 \9'] 01/05/ Lt') 04/ U/1.,,3 I CA.,OOOl - 1 I MW-01 SOUTH I r---- !I 94 341 94 r" I I I I I I I I I I I I I I I I I I c:lt;NTY ( le5 I : :11PEllIAt. :NYC KE:R.~ =":S ANC,:::.3 -:~c M:"CZ: :.:tllS::t ;""'4 3ER.."IAR.~::lO ASBEOOO~B 0110., (99) :~PEllIAt.. :NYO, KERN, ~S ANGE:ZS, 9ElUIAllCINO, SAN ~;;:S :BISPC, SA/I'l'A :NSUt.ATOR/ASBESTCS .CRKtllS: !~SU14~or/asb.s~Q' ~ork.rs Hazardous m4e.r~a~ ~4nd!.r SAN U;:S OBISPO SANTA BARBAAA ':ENT\,;RA Rae.. ~r1nq.s CRANGE. RIVERSIDE, SAN BARBARA ANO VENTURA COUNTIES: 25. ,: 10.75 7.9' 1. 75 SCOPE or WORK: :::Sl;:.\TOR'AS!ES':'OS >lORKER: lncll.l';u applical:ioft of all '~~~l~ei~q ~4t.r~als. ~rQe.celv. coverlnq.. co.~inqs and :1~lSn1nqs ~~ ail ~yp.s of ~.cnan1cai sYSI:... NAZAROOUS ~TERIAt. HAHOLtR: ';1.11:1.. li.1I:&4 1:0: p~.pa~.tion. .4l:~1~q. S~~lpplnq, ~.~oval, scrapp1nq. vacuu.ift4. baqq1nq and '~:~!""'~sln::; "t 311 ~~!:i.ll..t.1.0n :naeerlais. "''''.1:.h.r ehey con~.J.n ~so.stos cr ~ot.. fr:m Mecn.nlcal lyse... . ~SBEOOI6C 0~/Ol/.992 ---------------------------------------------------------------- ~ONO COUNTY: :NSUt.ATOR/ASBESTOR WORKERS RaU. r~inq.. 29.'0 '.11 SCOPE or WORK: ,ncll.l';.. applical:ion of all in.ulal:inq ~'l:lrl.ls, prOl:ICI:1V. cov.~lnq.. cOal:1nq. and fini.ninqa to all typ.s ~! ~.cnan1cal sYSI:... . BOIt.009~A 04/01/199' ------------------------------------------------------------~~~---' BOI:'EllMAKERS Bp.CAono.s n,/nl/l9Q\ ----------------------------------------------------------~--~-- Rae.. 26.16 r~inq.a 7.54 R4e.~ Pl'!EP.SIOE I.NO ~"'N AEP.N..P.OIlIO COt;:I':':~: r~ift4.. C'\'J)OOO: . ~ 0-02 SOOTS I 94 341 I I I I I I SRIC~~YERS: STONL~CNS: ANO ~SLE SEr.ERS : FO~ !r~ln A~Y T=alnlnq Ceneer: ~~val Alr ~..pons s~a~10n. en.n. ~~.; and ~J.ney-n~n. ~al=S Mar.na 8a.. 29.44 R..alndar at ~lv.rsla. and san s.rnara.~o c=un~l.. 23.12 5.30 5.30 ---------------------------------------------------------------- Ra1:.. LOS ANGEUS. OIlAIIGE ANO VE!l'rIlIIA COllN't'IES: SRC~0004C 09/01/1992 Fri.n".. TEllMno l%Jll(EltS AND TIt.! sE't'rE1l5 ---------------------------------------------------------------- 24.99 ...0 I SRCA0004D 01/01/1992 I~PERIAL COUNTY: Ra1:.. Fri."".. I I I I I I I I BRIC~LAYERS: STQNEKASOIIS: MARSt.! sE't'rERS ---------------------------------------------------------------- %%.00 5.95 BRCA0004E 01/01/199% VE!I't'Il1IA 'COUNTY: Ra1:a. tri.aq- BRICl<LA YERS ---------------------------------------------------------------- %%.00 ..U Ra1:.. SAN LUIS OBISPO AIID SANTA BARBARA COUNTIES: BRCA0004F 01/01/199% Fri.lI'lI" BRICl<LAYERS: STOIIEKASOIIS: MARBLE. TEIlMUO AIID TILE sETnJIS ---------------------------------------------------------------- %].60 5.25 BRCA0004G 01/01/199% [NYO. lCEIUl ANO ilOilO COUNTIES: Ra1:.. Fri.nqe. SRIClCLAYERS: STONEMASONS: Ed~~raS Alr Force 8ase: and Naval C"'3000% - 3 I I 0-03 sooors I I I I I I I I I 94 I I I I I I I .1 I I I 341 Alr w.apons S~a~lon, Chlna ~k. 26.90 5.21 R.malnd.r ot Inyo and K.rn coun~l.s: and ~ono Coun~y 23..5 5.<1 ---------------------------------------------------------------- BRCA0004~ 05/01/.99Z Rae.. Frlnq.. KERN, ~S ANCELES. ORANCE. RIVERSIDE. SAN 8ERNARDINO. SAN LUIS OBISPO. SANTA SAR8AAA AIlD 'Jt:I'r11RA COUNTIES: AAIlILE StT'l'ERS 25. JZ 6.05 ---------------------------------------------------------------- 8RCA0004J 09/01/199Z Rat.. rr1nq.. K!RN, r..oS ANCELLS, ORANGE. RIVERSIDE. SAN 8ERNARDINO. SAN WI' O!lISPO, SAIlTA aAR8AAA AHD VtllT'JRA COUN'1'ItS: 1l1Jl8LE AHD TILE FINISHERS 19." 6.91 ------------------------------------------------------~--------- 8RCA00040 09/01/199Z IMPERIAL COUNTY: Rat.. rr1nq.. TERRAZZO , TILL SE'M'tRS ".99 6.60 ---------------------------------------------------------------- SRCA0004P 09/01/199, rr1nq.. IDllAIIIlIIlO , Rat.. INYO. KERN. r..oS ANGELES, HONO. ORANGE. RIVERSIDe. SAN SAN LUIS OBISPO. SAIl'l'A aARlARA AHD VEII'1'IJRA COU1ITIIS: TERRAZZO WORKERS ,4.99 ....., ---------------------------------------------------------------- 8RCA0004R 10/01/1", rl'1l19" Rat.. RIVERS I DE AND SAN 8E1l11AltDINO COUll'1'IU: TILE SE'M'ERS Z4.99 5.n ---------------------------------------------------------------- 8RCAOOO~S 09/01/1'9, IMPERIA~ COUNTY: Rae.. rl'1~.. CA9'OOOZ - 4 Nlf-04 500'1'& I I 94 341 I TERRAZZO AND TI~ SE~ERS H.99 6.60 =RCAOOO'U 05/011~;92 -------------------------------------------------------~-------- I tcS ANC!::..E:S COT."N':'Y: I SRICKLA~ERS: STONL~SONS ---------------------------------------------------------------- I SRCA0004V 11/01/1991 IHYO. KERN AND MOHO COUNTI!S: I TIU SE'I'l'ER$: Edwards Air roree Sase: and Naval Alr Weapons Scaclon. Chlna ~ke Remainder of Inyo. Kern and Mono CClun~i.s I Rac.. Fnnqes 25.J2 6.05 Rate. Frin".. jO.40 3.40 17.40 3.40 ---------------------------------------------~------------------ I 8RCA0004W 05/01/1992 ORANGE COUNTY: I SRICKLA~ER$: STONEMASONS: KAReL! 5 ET'l'ERS Rate. rr1nq.. 24.25 S.10 I 8RCA0001F 01/01/1992 ---------------------------------------------------------------- INYO AND MONO COUNTIES: I ~R8LE SET'l'ERS ---------------------------------------------------------------- I CARP0002A 07/01/1992 CARPENTERS: I Work on sinqle fa.ily ho... , apart.ents up co and lncludinq 4 storie.: Fr.m.~ , tini.~ carp.n~.r Insulation lnstaller Sl'unqler Concrete , form worker Res1dene.41 !enc. bUllder I I CA910002 - 5 I I n-05 SOOTS I Racea rr1nqe. 26.'0 10.51 Rete. 'r1n".. , 11." 15.50 16.42 18 .17 11.01 4.'0 J.5S 3.10 ~.IO 4.10 I 94 341 I I Cabinae 1nseal:a~ S~bearranaan qar.ga c:nc~.:a eons~r1Jct.J.on I A1':' ~t.l'l.r lIiorl<: :~vo. K.:~ and ~ono ~=u~:~.s: carp.n~.rs (lnc~~d~~q :rywall lat.nlnq), caClnee ~~st.al~.r. insulat.lon ~~st.All.r. floor worxer and acous~lcal insullar Slunglar Sol'" tHer Table power saw operator Pnau..elc nal1ar or power supler Comm.rclal ~.nc. builder Root loadar ot ,n.ngla. (collllarc1I11 ~ill"'riqne P1la dr1var: Oar~lck .arga: Bridga or dOCk carpanear: Cabla splicar: Haavy trallar: ROCk sUnqar Haad rOCk .lingar ROCk barga or sco'" I I I I I I Remainder of counel.S: Carp.nears, cablnee lnseallar. 1ns~lae1on 1n.eallar. tloor worker and acoust.lcal inse,all.: Sn1nqlar Sa'" t Har Tabla po",ar .a'" oparaeor ~n.um.t.1C nailer or power suplar COllllarcial tanca b~lldar Root loadar of sninqla. (COII- :'I'I.r=..a1 ) ~Hl"'rlgne P1la dr1var: Oarr.ck barga: Br1dqa or dOCk carpanear: Cabla splicar: Haavy trallar: ROCk sUnqar Haad rock sl.nqar ROCK barqa or scow I I I I 18.09 4,ao :8. :. i 4. 80 ZJ .23 4.'0 ZJ.J6 4.10 ZJ. Jl 4.'0 2J.JJ 4.'0 ZJ.4I 4.'0 a.51 4.'0 16. J, 4. 'CT H.JO 4.'0 23.9J H.OJ 23.8J 4.'0 4.'0 4.'0 23 .10 2J.9J 23." 23.90 4.'0 4.'0 4.'0 4.10 4.'0 4.'0 H.O' a.51 16.75 H.JO 4.'0 4.'0 ZJ.9J H.~] 23.1] 4.'0 4.'0 4.'0 ~--------------------------------------------------------------- I CARPOOOZS 07/01/1991 DIVERS: I CA9JOOOZ - 6 I 0-06 SOOTS I I Raea. Frin9'" I 94 345 I I I I I Oiver, w.t. Oiver. nand-Cy Olver unaer 5%.16 a.4l %5.43 4.40 4. 40 ,4.40 ~OT!: Olvero onall ~eeelve . .inlaua ot 8 nours pay for any aay or paJ:": ~l'ler.ot. ---------------------------------------------------------------- CARP0002C 01/01/~990 ORyWA~ INSTALLERS/LATHERS: Work on olnqle =amlly nomes and apar~=en~s up ~o and lneludlnq 4 .'Corl.. All o~n.r work Ra~.. P'r inq.. 18.53 23.%4 4.23 4.23 ---------------------------------------------------------------- I CAAPOOOJP 08/01/1991 INYO. KERN AND KONO COUNTIES: Ra~.. P'r1nq.. I I KARBLE. tERRAZZO , tILE P'INISHERS: Eawards Air P'ore. Bas.: and Haval Air W.apons S~a~lon. Cnina t.k. R.maind.r ot Inyo. K.rn and Kono Coun~i.. 16.1' 13.7' 3.15 3.15 ---------------------------------------------------------------- I CARP0011C 06/01/1990 Rat.. 'r1nq.. LOS ANGELES, ORANGE. RIVERSIDE. SAN BERNARDIHO. SAIl WIS OIISPO, SANTA BARBARA ,uD VE!l't"JRA COUNTIES: I I'IARBLE ANO TILE P'IHISKUS 19.21 1.32 ' ---------------------------------------------------------------- I I CARPOll1A 06/01/1991 Rat.. rrinq.. KERN. LOS ,uGEt.ZS. ORAllGE. RlVUSIDE. SAIl IEJIIlARDIHO. SAIl WIt OBISPO. SANTA 8AIl1AJtA ,u0 VIJl'1'Il1IA COUNTIES: TERRAZZO P'IHISHERS 20.91 3.10 ---------------------------------------------------------------- I . ELEC0011A 09/01/1992 ~OS AHGE~ES COUNTY: Ra~.. 'r1"... I I . tLtC\'RICIANS: CA930002 - 1 I 0-07 SOO'1'8 I I . I I 94 3.' I work en sinql. !!~ll! ~em.s and .p&r~m.nts ~p :~ 1~Q lnc~~alnq 4 nenes !unnel .O:'X: EJ..c'Crlc~an Calli. .pilC'~ ,.\1: ::11::-..: ....0:';<: El.ce~lclan: ~:a!~~= s.qr.&~ lns~aii.r 25.20 3' . 1.44 Calll. spilc.r 25.80 J' . 8.44 -------------------------------------------------------.-------- l5.40 )\.4.11 I 28 .00 21.60 1\ . 8.44 )\ . 8.44 I I ELEC0011B 01/01/1392 Ra~.. Frin.,.. t.OS ANGELES COUNTY: I LINE CONSTRu~tON: Line tec!'\nJ.ca4n Calll. splie.r Ground p.rson 25.20 25.10 15.12 a . 7.94 a . .7.94 3' . 7.94 I ---------------------------------------------------------------- . . ELECOOllC 12/01/1992 FI'1nq.. IE1UlAllDIKO. I Ral:.. tNYO. KERK. LOS ANGELES, ~ONO. ORANGE. RIVERSIDE. SAN SAIl LUIS OBISPO. SANTA BUSAM AND 'ltll'1'URA COlJlI'1'IU: COKKUNICATIONS AND SYSTEMS WORK: I I K.rn. Lo. Anq.l.s. Oranq.. San LU1S OlllSI'O, San~a earbara and V.n~ura Coune:...: Communlc4tlons , systems lns~all.r 16.15 Communlea~lon. , sy'I:'" ~.e~nlelan 17.'0 Sound ~.e~nieian (Lo. An.,.l.. Counl:Y only) 11.'0 Alarm e.e~nlelan It (Oran.,. coun~y only) (dul:i.. llml~.d eo pullln., wire eo and t.rminatln., d.vle..: no~ to in.call devic.. tn.~ intertace v1tn oCher con- tractors (SOuntlnq wacertlow. due~ det.el:ors, d..p.rs lOr conn'c~ln., con~:ol panalsl 13.93 a . 3.40 I 3t . 3.40 I a . 3.40 I a . 3.40 I tnyo. ~ono. Riv.rsid. and S.n e.rn.ra1no CounC1es: CommunLcae1ons , 5ys~em. lns~ali.r lG.15 a . 2.75 I CA930002 - 8 I I 0-08 SOOTS I I 94 341 I I Communicatlons , syst.ms t.cnnlcan 17 .90 l\ . .. 75 I SCOPE or WORK: :ns:alla~lon. e..elnq, service .nd aaineenanca ot syseems uell~:~~q :~. :~3nS21SS10n and/or tran.tarenea ot VOlee. sound~ vlSlon and dlq.:al !or co...rcl&l, .due.elOn&l, ..curley and anear:alnmane ~ur;os.s for :~. tollowlnq: TV sonleoclnq and surv.lllanc., bacxqrouna-tor.qrouna SUS1C. int.rco. ana t.l.phon. lnearconnact. lnvencory conerol .yse..., aicrowave tran..llslon, ~ultl-s.ala, sUltlpl.x, nurse ~all sy.t.... radio paq.. .Chool lnt.rco. ana souna, burqlar a.arss. tir. alars- and low voltlq. =asear clock syse.... I I I Cossunication Sy.t..s t~at tran..it or r.c.iv. information ana/or control syst... that are intrin.ic to the abov. li.t.d syst..s: lnclu.lon or .Xcluslon of t.rslnation. and t..tinq. of conauctorS a.t.~ln.d by t~.lr fUnctlon: .xcludinq III oth.r data sy.t... or .Ultlpl. sy.t... Which includ. co~trol function or pow.r supply: .xcludinq lnseallation ot r.c.way .y.t.... line voltaq. work, and .n.rqy ..naq...nt .y.t.... ' 00.. not cov.r work p.rform.d .t Chin. ~k. Hav.l Ordnanc. T..t Statlon, Edw.ra. Air Forc. B.... Elk Kill. Hav.l '.trol.ua R..arv., POlnt Arqu.llo .nd vand.nb.rq Air rorc. ..... :n the Count i.. ot :nyo, Mono. Riv.r.id. and San Isrnardino. tir. alarm work sh.ll b. p.rtorm.d .t the curr.nt in. ide Wlr"an total cost packaq.. I I ---------------------------------------------------------------- I . ELtC04lJA 1~/OI/199~ SANTA 8ARBARA COUNTY: Rat.. 'rlnq.. I ELtC':'RICIANS: I work on sinql. faaily ho... and apart..nt. up to and lncludlnq 4 .tori.. 15." 3t . 4. 10 I All oth.r work: I POlnt Arqu.llo and '/ana.no.rq Air rorc. 8a..: Electrical sUbconcracts ov.r S50.000: El.c~rici.n. El.ctrlcl4n.. w.lalnq caol. spl,c.rs El.cer~cal suaCQner3Ces 21.07 21.57 29.57 Jt . '.40 J' . 6.40 Jt . 6.40 I I CA93000~ - 9 I I ICW-Ot sooors I I :lJ4l ;1 A. 1 I I at 550,000 or lesS: Elec~rlc'ans Elec~:'Lcans. '.eld1nq callle spl,cers I ~.ma1nd.~ Q~ ~ane3 aar=ara c~unt'l: E:.c~r~cal sube~n~~ac~S over 550,"00: Elec':r:':1.ans El.ctr~Clan.. ~.~dinq Cacle Spl1cers Electrical lubeonerae~s at 550,000 or ;ess: Electr:,clans Elec~r'c1ans, ~eld.n9 CaDle Spl1cers I I H,JO 24.80 25.80 H . 6.40 1\ . 6.40 H . 6.40 24.JZ H .. 6.40 24.82 H .. 6.40 25.12 3\ .. 6.40 20.55 J' .. 6.40 21.05 3\ .. 6.40 H.05 3\ .. 6.40 I ---------------------------------------------------------------- E~EC041JB 01/01/1991 SANTA BARBARA COUNTY: I ~:NE CONSTRUCTION: I P01n~ Arque11a and Vandenberq Alr Fore. Ba..: ~ln. ~.c:hnlc:ian: Equlpment operac.or CaDle splicer Ground person: Ground persan/dnver I I Remalnder at Santa Barbara coun~y: ~.n. techniclan: Equipment operator CaDle splicer Ground person: Ground per.on/dri.ver I Ra~es rringes 27.57 n.n ., .. 6.10 ., .. 6.10 U .. ..10 21.79 23,12 25.n ., .. '.30 U .. ..30 n .. ..10 I E~EC0428A 06/01/1992 ~--------------------------------------------------------------- 18.04 KERN COUNTY: I EI.Ec-:'RICIANS: Edw.rds Alr Force 8.se and Naval A.r Weapons S~a~lon. en.n. ~ke: Work an slnqle tamlly names ~nd ~par~M.n~s ~p ~Q and I I CA9J0002 . 10 I N1f - 10 SOC'1'. I I Ra~es Frin".. I I 94 341 I includinq 4 .~=~.es All o~lIer wor~: Elec't:'1.c:.an Cable spl.:er 14.00 4.~" .Z.SO I 26.59 2B,77 4.~5' .5.15 4,25' .5.~5 I Rem&lnder ot K.r~ C~un~y: ~cr~ on slnqle ~3=1~Y ~om.S and ap.r~~.n~s ~p :~ and lncludlnq " S~=rl.s All o~lIer wor~: EleC1:rlClan Callle .pllcer lJ. 00 4.%5. .Z.SO %1.84 24.0% 4. %5' .5.15 4.%5' .5.15 I ---------------------------------------------------------------- I ELEC04%8a 06/01/199% K!:1UI COUIIT'!: Ra~e. rrinq.. LINE CONSTRUCTION: I Edwards Air rorce 3a..: and Naval A1r Weapons Seaelon. C~lna ~k.: Ground per.on/Truck drlver %1.13 Lln. ~ecllnlclan: H.avy equipeen~ operator %6.59 Cable Spllcer %1.77 ., . 5.15 .. . 5.15 4' . 5.15 I I Reealnder at Kern coun~y: Ground person/Truc~ drlver Lln. eecnnlclan: Heavy equlpment op.rator Callle splicer 16.31 .. . 5.lS %1.84 24.02 .. . 5.15 ., . 5.lS I ---------------------------------------------------------------- I ELtC0440A 12/28/199% RIVERSIDE COUNTY: Rate. rr1nqu 'EUCTRICIANS: I I Wor~ on slnqle taaily 1I0a.. and apar~m.ne. up ~o ana lncludlnq 4 .torie. All otller ,..or~: El.c~rlcJ,.an. cable spllcers Elec1:rlClan.. weldi~q 14.50 n . 2.91 I 2%.13 %3.33 %3.13 n . ..tI n . '.tI n . '.9' ---------------------------------------------------------------- :::.tC~440B 07 i05/1992 I CA93000% - U I I M1I-ll SOOT. I I I 94 341 I RIVERSIOE COU~TY: I ~:~E C=NS~RU~:CN: L...n. ':..C~nl~:.!n Callle Splleer G:ound p)erson Races f'nnqe. 22,46 22.96 16.15 u . 6.U 4' .. 6.61 U . 6.U I . E~C0661A 12/01/:992 ---------------------------------------------------------------- ORA~GE COU~TY: I E~~RIC:ANS AND ~:~E CO~S~RU~:O~: I E~CTRICI..."S : wQr~ on slnqle !aally nom.. and ap.r~=.n~. ~~ co and lneludlnq 4 s~or.e. All aCller .wark: Elec:~nc:ians Callie spHc:ers ~:NE CO~STRU~:O~: ~lne ~ec:hnlC:lan: ~eavy equlpmenc operacar callle spHc:er o raund pe rsan I I Race. Fri.nqe. 15.10 a . 1.95 a . 5.10 a . 5.10 25.50 26.61 25.50 26.61 21.79 a . 5.10 a . 5.10 Jt . 5.10 I E~C0677A 12/01/1992 ---------------------------------------------------------------- Ra~e. tNYO. ~o~o AND SAN etRNAROIHO COUNTIES: I'd"".. I Et.E~RIC:...~S: I Wark an sinqle family hame. and apar~~en~. up ~a and Lncludlnq 6 .~arle. (San aernardlna Caun~y anly) I All acher wark: I Area ~lChin " rOAd mil.. ero. elle ~aln Pa.~ Offic:. .n San 8erMard1.no: Elecerlcal conerac~s over 53.000.000: El.c:~nc:uns C~llle spllc:.r. I I CA9J0002 - 12 I I M1f -12 SOOTH I 14 .50 3. . Z.IS 22.36 U.S6 a . 1.04 J' . '.04 I I 94 341 I Elec~rlClan. welainq Elec~rlClan. :~nnel worK El.c~rlcal c~ner!e~s S),OOO,OOO , ~naer: Elec'trlCJ.ans Catlle .pllCUS Elec~rlClan, welalnq Elec'trlC14n. ~~nn.l work I I I Remainder ot are.: Elec~rlcal can~rac~s aver SLOOO.OOO: Elec1:rlcans Catlle .plicers Elec~rlclan. welainq EleC1:rlClan. 1:unnel work Elec1:rlCal coneraC1:S ' S3.000.000 and wnder: Elec'C,r'1.ClanS Catlle spUcers EleC1:rlClan. weldinq EleC1:rlClan. 1:unnel work I I 22.84 H .. '.04 24 .57 n, . ..04 n.5I n .. 1.04 H.OI l' . 1.04 H.OI n .. 1.04 n.74 n .. ..04 21.34 3' .. 1.04 21.14 H .. 1.04 21.14 n .. 1.04 32.27 3' .. 1.04 21.51 n .. 1.04 21.01 J, .. '.04 21.0' n .. '.04 n... n .. ..04 I ELEC0477B 12/01/1992 ---------------------------------------------------------------- F1'incru Rae" INYO. MONO ANO SAM BEItNARDINO COUNTI!S: I ~INE CONSTRUCTION: I Wi1:hln 75 road ,ile, froe ehe Maln pose Offlce in San Bernaralno. California: Sutlconeraces under 52.000.000: ~ine 1:echnic1aA Catlle splicer: ~ne 1:ecnnician, weldinq Ground person Sutlconeracel over S2.000,OOO: ~ine eecl\n1c1an Catlle splicer: Line 1:SChnlcian. weld1nq Ground ~rsQJ\ I I I I Remainder ot ar..: S~bCQneraees under S2,OOO,OOO: I CAtJ0002 - 13 I I N1f-13 SOO'1'8 I -, 21.41 n.n 16.0' at .. '.00 4' .. '.00 at .. '.00 22.16 at .. '.00 H.66 16.12 at .. '.00 4' .. '.00 I I 94 341 I r.~nl tlcnn1C:lan Cacll s~l.clr; c.nl tlCnn1c.,n, ~ll~lnq CrclJnd plerson subconerac~s over .2,000,000: :...ne ,:.<::1"l<:.:.a" CaClI .~l.cer: .lne eaennlclan. .eialnq Cro\lnQ person I I 2S.4l 4\ . 8.00 ".9l 23,06 4\ . 8.00 H . 8.00 a.l6 ,\ . 8.00 ---------------------------------------------------------------- a.66 23.62 ,\ . 8.00 ,\ . 8.00 I ELECO'69C 02/01/1993 :~PERIAL COUNTY: I r.INE CONSTRUCTION: I comalrcial oVlrhlad llnl ~ork: Catenary ~ork: Llnl tlcnnlcian: Heavy equl~mlnt o~lrator Ground ~Irson Ground plrson/truCk ~r1vlr All othlr cO..lrcial un~lrqround 11nl ~ork: ~ln. eeennlcian: HeAVY lqui~.lnt o~lrltOr Ground plrson: Ground plrson/truck ~rivlr I I Rltll FrlnO;I. %3.81 17.60 11.11 '4\ . 5.12 4\ . 5.12 ., + 5.12 16.%7 11.51 ., + 5.12 n '+ 5.12 ~, -----------------------------------------------------------~---- I . ELECO'690 0%/01/199] !MPERIAL COUNTY: I ELEC'!'R!CIANS: work on s~no;ll faaily hO.I. and apar~.ln~. up to and 1nc1ud~no; 4 .torll. Sound. work: Sound tlchnician Te1e~nonl intlrconnlct t.ecrtn.Lcian . Sound plrson I Uhllty work: Utll1ty teCnnlcLan 1\ Uelllt.y eect'\olclan _2 AU othlr work: El.et.rle~l subconeraces over I I I I CA9]000% - 14 I 0-14 500'1'& I I Rae_ '~ill'l.. 14. ]1 n+ 2.51' l6.91 n + 3.15 13.'2 n + 3.15 11.84 n . 2.16 \5.81 3' + 1.76 \%.16 n + 1.76 I 94 341 I I s~oo.ooo: Elecenc,ans Cable s;:1.:.cer:s El.c~r~ca! succon~~3C~~ ~! 5500,000 ~~ :.s.: E:ec'::'lC':'3ns Ca..ble spi.i.cars 23.11 23.~6 H . ~.32 3,' . ~.32 I 20.36 20.n Jt . 5.32 Jt . 5,32 I SCOPE OF .ORK: I sound .ark: Assembly. in.~.ll&~io", oper.~ion, service and maine.nance ot compcnenes or sY.~... as used in closed circult t.l.Y~s~on. ampll!:.ed m.s~.r television di.~ribu~ion, CATV on prlvaee proper':'l. l~t.rcommun1caeion, burqlar alarm. .t1re alarm, l.!. .uppo~e and all ..cur.ey al.rms. priv.e. and p~lic e.l.phon. and ~.lae.d e.l.phon. ine.rconnact. p~lic addr.... p.q.nq. audio. lanqu.q.. .1.ceronic, b.ckqround ausic sy.e..,l... ehan line voleaq. or any syse.. .cc.pt.bl. for class evo vlrlnq for prlvae., comm.~c..l. or .ndu.eri.l u.. furni.hed by l..~.d wir., t~.qu.ncy sodulat.on or oeh.r ~scordlnq d.vic.., .l~eric.l appa~aeu. by s.ans of WhlCh .l.cericiey i. .pplied to eh. amplitlcatlon, transmlss1on. transterenca, recordinq or reprcductlon ot VOle., ~u.ic, sound. i.puls.. and vldeo. Exclud.d f~o. e~.s Scops of Work - erans.iasion, s.rvic. and S.lne.nanc. of backq~ound SUS1C. All of the .bov. sh.l1 includ. e~. lnseallaeion and erans.ls.ion ov.r fiber opeics. Sound eechnician: Termlnaeinq. operaeinq .nd p.rforsinq tinal crt.c~-out Sound p.~.on B: Wir.-pullinq, splicinq, ....ablin9 and .n.eall.nq d.V1C.. I I I I I UUl1ey wo~k: ue.lley e.chnlcian 11: Inseallation of .er..e liqhea .nd e~afflc slqnal.. lncludinq elecerlcal clrcuiery, proqr....bl. cone~oll.~. pedeseal-moune.d elscerlc.l ..ter encl~ure. and laYlnq of pr.-as.embled cabl. in duces. The l.youe ot .lectri~.} sy.e... and communlca~.on lnse.l1.~ion includinq proper po.i~ion of e~enc~ dep~ns, and ~adiu. .t duce banks, location for sannol... ser.ee liqhts, .nd traffic ..qn.l.. Uel1ley e.chnici.n 12: Distrlbue.on of ..t.rial ae job Sle., ,nseall.tlon of und.rqround ducts for electrical, e.lephone, c.ble TV, .nd co..unication .yse.... Th. ..Ceinq, l.v.l~nq. qroundinq and rackinq of prec..c ..nhol.., bandhol.. and :~anlto~.r pads. I I ---------------------------------------------------------------- I ELEC06J9A 06/01/1992 SAN LUIS OBISPO COUNTY: R.U. rrinq.s I ELEC":'R!::ANS: I CA930002 - 15 I I MW-15 SOOTS I Work an linqla !amlly hamal and apart~antl "~ to and lnc:ludlnq J Stor,u lS. 7S All otllar "'ar~: El.e~rleal =:n:~ac~s over 5200,000. : E':'_C'::'l:.ans Cach s~i~cors El.e~rleal .elders Elac:crlcai ccnt:ac:tl 5200.000 or la..: Elect.r:.eians Callla spiJ.con Elac:crlcal "'aldars I' I 94 341 I I I I H . 1.:6 2J.25 It . 5.H 25. ,. It . 5.61 24,41 It . 5.61 20.90 H . 5.61 22.99 H .. 5.61 21.95 H .. 5.61 ---------------------------------------------------------------- ELEC06J91 06/01/1992 SAN ~IS OIISPO CO~N~Y: I ~INE CONSTRUCTION: Llne tecnniclan: ~in. truck operator: Llne equlp.ent operator Callla Iplicar ~J.na ",eldar Ground penon I I Rata. rrinqe. 23. 25 25.51 24.41 17.44 4' .. 5.56. .. .. 5.56 4' .. 5.56 .. .. 5.51 . ELEC0952A 04/01/199J, ---------------------------------------------------------------- I '/tNTUM COUNTY: I ELECTRICIAlfS: Araa "'lthin J2 rOad sil.. tro. the neare.t Ila.lnq point: Eleccricun Callla splicer I Ra.aindar at Ventura Councy: Elac:cucian ' CaDla splic.r I RAt.. Prlnqu 25.40 27.94 n .. '.15 n .. ..15 JO.40 J2.94 n .. '.75- n .. '.15 I 8allnq paint.: the .ain Pa.t attic. in the citi.. of Ca.arll1o. Oak Vi.v. Oxnard. Santa Paula and V.ncura. ---------------------------------------------------------------- I . ELEC09528 04/01/199J VENTURA COUNTY: I CAtJ0002 - 16 I ...-u SOOTS I I Rat..- rrinq.. I 94 ....'1 ,.I '. I I ~INE CONSTRUCTION: I Are. ~lth~ J2 ~~ad ~ll.s ~~om the ~.ar.s~ oaslnq pOlne: t.ne ~.c~nlcl.n: ~.avy .qul~~.n~ op.:aeor cacle spll.cars ~rQund person Remainder o~ '/.neura Count.y: L1ne e.ennic~an: Heavy .qulp..n~ op.ra~or Calll. splicar crouna p.rson - ~rucx arlv.r I I 25.40 %7.94 19.05 H . 6.65 H + 6.65 H + 6.65 JO.40 32.94 24.05 4' . '.15 4' + '.15 H + '.15 I 8..inq poin~.: eft. ..1n PO.e Offic. in eh. ciei.. of C...r1110. O.X V1.W. Oxn.ra. S.n~. Paul. and v.neura. . ---------------------------------------------------------------- scop. ot ~ork: All ou~.ia. work on .lecerical eransai..ion ' 11n.s, sw.~cftyara. ana sull.~a~ion., and ouesia. work in .1.c~r.ca1 u~11i~y ais~r1llu~ion sy.~... owned, aain~.ined and op.ra~.d lly .1.c~r1c.l u~ili~y comp.ni.., .unicipaliei.., Or qov.rnm.n~.l .q.nc1.. .nq.qed in u~11i~y oper.~ion. Vfticft sftall .ncloud.: ' 1) Pol. line con.~ruc~ion work (wh.eh.r bulle ot vood. ..tal or och.r m.~.r1.11: eh. 4iqqinq .nd llack-tillln9 of bol.. tOT' pol.. or .nchor. (by ft.nd or mech.nic.l .qui~ntl: eft. adY1n9 of, .mploy.... cool.. or .qulp..ne: ~h. 10.4inq .nd -=vlnq of m.car..l. trom ~ft. fir.e arop: ~h. h.ndlinq, ......ly or .~lon ot .lolo m.~.ri.l. includinq ~ft. quyinq, .erinqinq of conducCor. or o~ft.r work n.c....ry on tftrouqh ~o ~h. uleiaaes coaplseion of sucn pola 11n. work. 21 sc..loor ..~l .~ruc~ur.. u..d for eft. purpo.. of carryinq .l.c~nc.l w.n.. conduc~on or aqu1pll.n~ l~fti. 'includ.. eransmlSSlon towers, ouedoor subseaelons, sviecft racka O~ .i.il.~ .lo.ccr.c.l s~ruc~ur..l: ~ft. sovlnq ot ..ploy.... ~ool. or .qu.pmsnc: ens n.ndlinq, .orcinq .nd movinq ot ..e.ri.l. fro. ehs e.rsc drop: ~ns n.ndlinq, ....aDly .nd .r.c~ion of .11 ..e.rial. u..a on en. lOll sics s~.rc1nq W1Cft ~ft. concr.~. fooeinq or pad, or concrece ancnor. lncludinq eh. .....bly or ehe qrilla,., on thrOuqn to tn. ule~m.ee c?mpl.eion of such scruccur.., .xc.pc for I . EtLC1245A oe/01/1992 OUTSICE UTILZTY TRANSMISSION WORK: ~lne worker: Cable spllcar Powder ..orker Cround person ~ln. ..orker, ...ldinq I I I I I I I I CA9J0002 - 11 I I 0-17 SOOTS I Rae.. Frlnq.. 3.'" .'.00 3.1!t .'.00, 3.1!t +e.oo 3.1!t .'.00 24." 23.13 18.10 21.12 I 94 341 I I any lov voltaqe ~ontrol or liqht.ro vorK vhich May properly balonq to tne, .nSl~e brancn of tn", elactr1l::al industry. WorK ~overed .nall .ncl~de t~e qroundinq of all .uch .tructure.: tne .trlnqlnq and In.tailatlon of Vlres, cables and .nsulators or otner electrlcal ecul:men: .uspended from sucn .tructures: also tne nandl.nq and :iacl~q of eransformers or O.C.a....and other ~.14~.d .1.c~r~=3l .qul~=.ne. J) Street ~_qnt.nq syseems owned. ~aineain.d and operaeed by .L.c~r~=al ~el11:Y com~anl.. or aqancl.. ~n.r. .uen work properly c~m.s ~nd.r the outSlda ~ur~salc~lon snall be handled 1" en. lame ~ann.r .s pol. l~n. construCtion. 4) Electr.cal underqround construction work. vhere SUCh VorK comes under tne :urlsdlctlon of th.. scope ot work, snall be covered .s tallows: :~. ~ovlnq ot employ..., toola, or equip..ne: tne loadinq, movlnq or ....mbly ot all el.eerical ..terial. or race-vays. .uCh as ~uct; fro. tn. tirst drop. Thi. shall al.o lnclude tne placlnq ot fisn v.r., tn. pullinq ot cable. or vir.. t~rouqn sucn rac.-vays, lnstalllnq and ..kinq up ot pot-head.. and ene .plicinq ot such conductors. 5) In connectlon vlth allot the above it.... it i. under.tood tne .cope ot vork shall include no~ only naw ,nstallatlon vork. but.nall al.o qov.rn tn. r.pair. saint.nanc.. or ~lsmantllnq ot .ucn .tructur.s, line. or equip.ent: tn. nandl.nq and operatlnq ot all .qulP..nt u.ed to transport employees, tools and/or .aterials on tne job site: a. vell a. tn. equlpm.nt used to sove. ral.e or plac. sat.rial. usec1 in tn. outSide cranen of the .l.cerlc~l indusery. I I I I I ---------------------------------------------------------------- I ELE,0018A 09/01/1992 RaCe. 'rin".. '.12,. . ..12 . ~ I ELZV~TOR CONSTRUCTORS: Elevaeor con.eruc~or ~.ch.nlc. Elevator conseruceor ~.!p.r. Elevator con.tructor nelpers (prOb) 21.43 l'.50 lJ.2U I f'ootnoee a: Employ.r contrlbuC.. ., ot ba.ic hourly rat. tor 5 yeaz. .ervlC. and " ot ba.~c nourly rae. tor 6 DOntfta to S yeara .ervlC., a. Vacation Pay Cradit. S.v.n :ald hollday.: Nev Year'. Oay, Kesorial Cay. Ind.pendenc. Oay, Labor Cay, ThanX.91v.n" oay, 'r1day att.r Tnanksqlvlnq Oay and Cnrl.esa. Oay. I I ---------------------------------------------------------------- I !NCI0012F 07/0l/l99l POWER ECUIPMENT OPERATORS: Croup 1 Croup 2 Croup J Cr-oup " Rat.. 'r in".., n.7S 22.03 22.J2 22.46 '.12 '.12 '.12 '.12 I CA9J0002 - 18 I I IC1f -11 SOOTS I I I 94 31\\ II I I I I I I I I I I I I I I I I I Croup 5 Group 6 croup 7 Group 8 Group 9 Group lO Group U Group l2 Group lJ Group l4 Group l5 Group l6 Group l7 Group l8 Group 19 Group 20 Group 21 CRANES, PILEORIVING Group' l' Group 2 Group 3 Group 4 Group 5 Group 6 Group '7 Group 8 Group 9 Group lO Group U Group l2 Group l3 'roNNEL GROUP' Group l Group 2 Group 3 Group 4 Group 5 Group 6 Group 7 CONCRETE PUMPERS: Group l Group 2 Group 3 Group 4 Group 5 ORECCING: 22.68 22.79 22.9l 23.08 23.l8 23,21 23.29 23.4l 23.51 23.68 23. 79 23.9l 24.0' 24.l8 24.29 24.4l 24.51 8.62 8.62 8.62 8,62 8,62 8,62 8.62 8.62 8.62 1,62 8.62 1.62 ..62 1.62 1.62 1.62 1.62 , KOISTING EQUIPKENT: H." 22.03 22.32 22.46 22." 22.79 22.91 23. O' 23. 25 24.25 25.25 a.a 27.25 1.62 ..12 ..62 ..62 '.62 ..12..., 1.62 ..62 1.12 ..12 '.12 1.12 '.U 22.53 22.12 22.'6 23.11 23.29 23.41 23.71 ..12 ..12 ..12 '.12 ..12 ..62 '.62 21.75 22.03 22.n 22.'H 23.n '.62 ..62 ..62 '.62 ..62 CA930002 - 19 0-19 SOOTH I 94 341 I Hydraull~ su~t~on jredqes: toever opentor O.e~~at.: ~atc~ .nql~..r; welder Winch (scern .~~e~ ~n dredqa' Barqanand: CeCKnand: ~~r.!lqnt.r; 0:..:.": :..v..nana ~oz.: I I I Clamsn.~: dredqes: :Aver operator Watc~ enqln..r: :.cxmac. earq. ~at. 8arqahand: OeeKnand: Flretlqhter: 01.1er I I TRUCK CRANE OPERATORS: ,.roup I ,.roup 2 ,.roup 1 ,. roup 4 Group 5 Croup 6 Group 7 ,.roup a I I DEFINITION or ,.ROUPS: I ?OWER EQUIPMENT OPERATORS: 2 J. 60 8.62 21.02 8.62 22.47 8,,62 21. 91 8,62 2l.11 '.62 21.60 ..62 21.02 ..62 22.54 ..62 21.93 ..62 22.11 '.62 22.26 ..62 22.99 ..12 23.05 ' ..62 2J.17 ..12 23.J4" '.62 23.59 '.62 23.14 '.12 CROUP I: ~arqe. brake. "oapressar oper.tor. Ditch Witch, with seae or s~~~lar eype equlpaene. elev.tar oper.tar - inside; , enqlneer o~ler. qeneraeor operator, qener.tor. pu.p or coepresaar plane operaear. he.vy duty repa.r helper, puap oper.tar, .itnal. sWlccn - . ,.ROUP 2: Concrete ~lxer aper.tar - skip type. conveyor operator. tlretiqnter. hydra.tatic puap oper.tar, oiler ~er (aspnalt or ~on"reta pl.nt), rotary drill nelper (ailtield), sklploader (When Wheel type up to 3/4 yd. Wltnaut attacb8ent), SOlis t~eld tecnniclan. tar pot tiretiqhter. teaporary he.tinq plane operaeor. trenchinq "China oper.tar GROUP l: Equipa.nt qr....r (rack). rard rerquaan (with dra~yPa atta"~mentSl, helicopter radio (qraund), pow.r concrete curinq maCnlne operacQr. power concrete saw operator, power - driver JumbO form seeeer oper.eor. .eaelanary plpe wr.ppinq and cleaninq mac:nJ,ne operator I I I I I CROUP 4: Asphale plane ti~fiqnter. backhoe operator (aini-a.x or S1.11ar type), "orlnq .a"n~ne oper.tor. box or alxer (a.ph.lt CA930002 - 20 I I 0- 2 0 SOO'fB I I I 94 341 I I or concrotll, buil~inq con.tructlon lnSplctor, cnlp sprll~inq mlcnlnl op"rator. concrltl pump oplrator (s.lll portabll'. drlllinq ~Icnlnl oplrator. smlll luqlr tyP"S (rlxoma suplr IconoaltlC or slallar tYP"S - Huqnl. 100 or 200 or Sl.llar CYPIS _ drllllnq ~Iptn of lO' .axllua). lquipmlnt qrllslr (qr,"sl' C~JCkJ, quard .all post drlVlr oplrator, nlqnllnl caolowlY slqnal, ~ydra-~amm.r-4.ro s~=mp.r, power .w..per cperaeor. roller oplrator Iconpactlnq), scrlld oplraeor (a.pnlle or concrlel). trlncnlnq .acnlnl oplraeor (UP to 6 ft.) cROUP 5: ~spnale plant Inqlnl.r. blecn p11nt op.rleor. ble Snlrplnlr, ccncrlel ;olnt Slcnlne oplrltor (conl1 Ind slal11r eYPI). concrlel planlr op.rltor. ~Ick Inqinl op.rltor. ~errick (olltilld cyp"l. orl11inq .Icnlne op.raeor. bucklt or luq.r typ.. (CIldw.ll 100 bucklt or Sllllar typl' - Wlelon 1000 luq.r or sl.11ar typll - rlxoal JJo. 500 or 600 luqer or .ial1ar type. - dri11inq dlpen at 45' .Ixlau.,. ~rl11inq ..cnine operltor (lncludlnq Wltlr w.11s). nydroqrlpnic s.eded ..cnlne operator (straw. pump or SI.dl. Jacklon track &lintliner. or lial11r type. Kl11.azoo IWlecn ca.plr. or si.illr type. ..enlne tool operator. Mlqlnnis lntornal full .lab vlbrator. ..cnonicIl bera. cuzD or qutelr (COncrltl or aspnllt). .ecnlnicll tlnl.ner operator (concrleo. Cllry-Jonnson-.i~wel1 or .ili1lr typel. pave..nt brlaxlr oplrator (eruck mouneed). road 011 alxint ..calne oplrator, rol11r op.raeor (Ispnalt or tlniln). ~blr-tlred earth movlnq oqulpmlnt (slnqll Inqln.. up to Ind lnc1udlnt 25 yd.. struck), sllt-prop.llld elr pipelinlnq ..caln. operator. sklploldlr op.rator (craw1lr Ind wne.l type, ov.r 1/. yd. Ind up to and .ncludinq 1-1/2 Y~I.). slip tora pwap operltor (power drivln nydraulic littinq devicI tor concrlte toras). tra~or op.raeor - bull~ozlr. taap.r-Icrap.r (llnq1e Inqine. up to 100 n.p. f1ywhl.1 and sllillr eype.. up to Ind lncludlnt D-5 an4 sllllar cYP'S), tuqqer hoilt operator I I I I I I I I cROUP 6: A.pnl1t or concrle. sprladinq operator (t..pinq or tlnlsnlnql. aspnalt plvlnq aacnine op.rator (larber Greeno or slml1ar typ.). blckhoe operaeor (UP to Ind lncludlnq 1/4 yd.), s&lll rord. Clle or .i.i1Ir, cI.t-~-plac. pipe la,inq aacnlae op.rator. COmDlnltion eixar and coaprlllor operator (9Yftl~ wOrk). coapactor operaeor (.alt-prop.lled). concreea .ixer op.rator (plvlnq). cru.ninq pllnt operator. drl11 ~or. drllllnq ~aCnlne operaeor, bucket or luqer type. (caldWell 150 bucklt or .ill1lr type. - Wat.on 1500. 2000 2500 auqer or .1811ar typel - Tlxo&l 100, .00 luqer or .i.illr types - drl11lnq depta ot 60' naxlmua). Ilevltinq qrader operaeor. qrade caecker.' qradall oplrleor. 9rouelnq .acnine operator, neavy-dUty repalr. Kala.azoo balll.t requlleor or .i.ilar eype. Kol..n bllt loader and s..llar type. La Tournelu blob co.plctor or .ial1lr type. ' loadlr oplraeor (Atney. Euclid. Silrra and .i.l1Ir type.). ' pnlumat.c concrlel p11cin9 alcnine operaeor (Hackley-Pre..vell or sial1ar tYPI'. puaperlel operleor. roeary drl11 operator .. (Ixcludlno caisson tYPI) , ruoolr-tlrld larcn-sovlnt aquipaent oplraeor (slnqll In91nl. Catlrplllar. Euc1ld. Athey WI90ft and slmllar CyplS Wltn any Ind all ateacnalnes over 25 yd.. up CO and I I I I CA9J0002 - 21 I I NW-21 SOOTS I I I I 94 341 I includlnq 50 cu. yd., .truck). rubber-tired earth-~ovlnq equlp~ent operator (~ultlple enqlne up to and lncludlnq 25 yd', struCK). rubber-tlred scraper operator (.el(-loadlnq paddle wheel type - John Oeere. :040 and slm.lar ..nqle un.t). .elt.propelled curb and qutter =acn.ne operator. .Klpload operator Icrawler and wneel type over 1-1/2 yd', up to and lnclud.nq 6-1/2 yd..). 5ur~ae. ~.&e.rs and ~lan.r op.ra~or. tractor compressor arill c~~=~nat~~n operator. :rac~or op.rl~or (any type larq.r tn.n 0-5 _ 100 (lywneel n.p. and over. or s.m.lar . bulldozer. tamper. scraper and pu'h tractor slnole enqlne). tractor operator (bOom attacnsents). traVellnO plpe wrapplnq, clean.nq and bend.nq ~achlne operator. trench.nq mach.ne operator GROUP 7: orillinq macn.ne operator. bucKet or auqer type. (Caldwell 200 8 bucKet or s...lar type. - Watson 3000 or 5000 auoer or 'l..lar types - rexo.a 900 auoer or .imilar type. - jrlllino depth ot 105' max.muml. dual drua mixer. heavy-duty repalr-welder co&alnatlon. monora.l loco.otive operator (dieeel, qas or electric), motor patrol - blade operator (.inqle enoine), ~ultlple eno.ne tractor operator (EUClid and .iailar type - except Quad 9 cat.). rubber-t.red earth-sovlnq equip.ent operator (slnqle enoine. over 50 yd.. struck). rubber-tired earth-.ovinq equlp.ent operator (multlple enoine. Euclid, caterpillar and slmllar over 25 yd.. and up to 50 yd..), tower crane repair, person, tractor loader operator (crawler and wheel type aver .- 1/2 yds.). wood. s.xer operator (and ..ailar puqaill equipmentl GROUP S: Auto qrader operator. automatic .lip tora operator, jrilllno .achine operator. bUCKet or auqer types (Caldvell, auqer lOO CA or slm.lar type. - Wat.on auoer 6000 or .i.ilar types - drllllnq depth o( 175' saxlmuS), hoe ra. or .i.ilar with co.pressor, ma.. excavator operator, ..chanical tinlsninq aacnine operator. .ob.le tora traveler operator, .otor patrOl operator (multl-enolne). pipe .obile .ach.ne operator, rubber-tired eartb- mOVlno equlpment operator (multiple enoine. EuClid, caterpillar and alm.lar type, over 50 cu. ydS. .truck). rubber-tired selt- loadlno scraper operator (paddle-wheel-auqer type selt-load1", - two (2) or sore unlt.) I I I I I I I I CROUP 9: Rubber-tired earth-.ovinq equip..nt operator oparat1nq equ.p.ent wlth pu'h-pull .yste. (sinqle enqine, up to and .ncludlnq 25 ydS. .truck) I I CROUP 10: Canal liner operator. canal tri..er operator, r.aote- control earth-sovino equip.ent operator. wh.el excavator operator CROUP 11: Rubber-tired earth-savinq equipment operator, operatlno equ.p.ent with push-pull .yste. (.inqle enqine, Caterplllar, Euclid. Athey Waqon and .imllar type. with any and all attacn.ents over 25 yds. and up to and includinq 50 yda., strucK). rubber-tlred earth-mcvlnq equip.ent operator. operatin; equlp.ent wlth pUSh-pull sy.te. (.ult.ple enoine - up to and .ncludlnO 25 yds. struck) CROUP 12: Rubber-tlred earth-mevlno equip.ent operator, I I I CA930002 . 22 I I NW-22 SOg~. I I I I I , I I I I I I I I I I I I I I I ~ 94 341 operatlnq equipment ~Itft push-pull system (s1nqle enqlna, over '0 yd.. struex), ~~~er-tl:ad eartn-~ovlnq aqulpmant oparator, oparatinq aquipm.nt ~Itft pusn-pull systa. (.ultlpla .nq1ne. Euclid, Catarplllar and s1211ar. ovar 2' yds. and up ~o '0 yds. struck) GROUP 13: RUDb.r-tlroO .artn-movinq .qulpmant op.rator, op.ratlnq oqulpmant ~ltn push-pull sYSt.. (mult1pl. .nqln.. Euclld, Cat.rplllar and sls11ar, ovar '0 cu. yds. struCk), tamd.m tractor oparator loperatlnq eravl.r typa tractors In tanda. - Quad 9 and slm11ar typ.1 GROUP 14: RUbber-tlrod .arth-.ovinq .quipmant operator, operatinq in tand.s (scrapers, belly du.p. and slsiler type. in any eoaDlnation. .xeiudlnq eospactlon un1t. - slnqla .nq1na, up to and lncludinq 2' yd.. struCk) GROUP l~: Concr.to pusp oparator. trucx-.ounted, rubber-tired .arth-movln9 .qulpm.nt operator, operatinq in tanda. (scraper., belly dumps and sl.11ar typea in any coabinatlon. excludinq eompaction units - 11nql. en91ne, Caterpillar, Iuclid, A~ey va90n and 11.ilar typas Wlth any and all attachment. over IS yd., and up to and includinq '0 cu. yd.. strucx), rubber-tired earth- sovln9 equlpment operator, operatin9 in tande. (.crapers, belly dusps and slsllar typ.. In any coaDlnation, excludinq eo.paction un1ts - multlpl. .n91n., up to and includinq IS yd.. Itruck) GROUP 16: RUbber-tired .artft-,ovinq aquipaent operator, oparatinq in tandam (scrapers, bally du.p. and .i.l1ar tyPes in, any eomblnation, exeludinq eo.paction unit. - .inqle enqine, ~er '0 yd.. Itruek) GROUP 17: RUbber-tlr.d .ar~-aovinq .quipment operator, . operatinq in tanda. (Ierapers, belly du.pa and at.ilar types in . any eomblnatlon, .xeludln9 eo.paCtlon unlts _ sultipl. enqine, Euclid. Catarpl11ar and sl.ilar type, over S~ cu. yo.. .truck) CROUP 11: RUbber-tirad .artft-aovinq equipaent operator, oparatlnq .qulp.ent witft the tande. pu.h-pull ayat.. (.inql. .n91ne, up to and includinq IS yds. atrucx) CROUP 19: RUbber-tired aarth-movin9 equip.ent op.rator, operatlnq oqu1pm.nt vith th. tanda. pu.n-pull .y.t.. (sinq1. onqine, Catarpillar, Euclid, Athay vaqon and si.ilar types vi~ any and all attaeftsent. over IS yd.. and up to and lncludinq' SO yda. strUCk), rubber-tired aarth-movlnq equip..nt operator, op.raclnq wiCh tne candem pu.h-pull ayata. (.ultipl. anqin., up to and lneludinq IS yd.. aeruck) CROUP 20: RUbber-tired .arth-sovinq .quip.ene operetor, oparatlno ooulpmant Wlth tne tanda. puan-pull .yate. (ainqle anOln., ovar 50 yda. strUCk), rubbar-tlrad aarth-sovinq equip.ent operator, op.ratlno aqulpnant vicn tne tandem pu.n-pull .y.te. (multlpla anqlne. Euelld. caearplllar and sl.ilar. Over IS yo.. CA930001 - 13 WW-23 soots I I 94 341 I and ~p to 50 yds. 5trUc~) GROUP 21: Rubber-~~:ed e.rtn-~oV1nq equipment operator, oper.t1nq equ1pmeot .1~n tne t.odem pusn-pull system :mult1ple .oq~ne, E~o,.d, C.torp1llar and 51.11.r type. over 50 ou. ydS. st.ruc)(.) I I CRANES, PILEORIVING ~O nOISTING EQUIPMENT: GROUP 1: Enqineer oller, For~ litt operator (under 5 tona oapao1ty) GROUP 2: Truc~ crane oller GROUP l: ~-frame or wlncn t~JC~ operator: Rosa carrier operator (]OIlSlUI GROUP .: Bridqe-type unloader and turntable operator: Hel1eopter no 1St operator GROUP 5: Stinqer crane (~ustin-Western or si.l1ar type); Tuqqer n01st operator (1 dru.l GROUP 6: Brldqe crane operator, crator crane operator: Fork 11ft oparator (over 5 tona) , Hoiat operatllr (Chicaqo bOO. and slml1ar typal' ~lft sOllila operator: ~i!t slab ..chin. operator (Vaqtllorq and slm11ar types I , Katarial noist operator: 5bOYa1, bac~noa. draqlina. ela.snell operator (over 1/4 yd. and up to S cu. ydS. :are), Tuqqer n01st operator GROUP 7: Pedestal crane operator, snoval. backhoe. draq11n.. elamsnell operator (over 5 cu. yds. mrc): tover cran. repair;, Tuqqer n01st operator (1 drual ..... I I I I I I I GROUP I: crane operator (uP to and includinq 2S tOft c:avacitY); crawler transporter operator: DerriCk b&~ operaur (UP co aIllI' lncl~dlnq 25 ton capacity): Hoiat operator. stl!! l.;a, Guy derr1e~ or slm11ar type (uP to and includinq 2S ton capacity)' snovel. bac~noe. draqline. claasnell operator (over 7 cu. y48. mrcl GROUP 9: Crane oparator (ovar 2S tona ancl up to and inc1ud1n9 50 tons :arc): Derrlck "'arqe operator (ovar 2S tona up to and .ncludlnq 50 tona arc): Hlqnline cableway operator: Holae oparator, Stlt! leoa, GUY derrick or siailar type (over 25 tona up to and lncludinq 50 tona arcl' K-crane operator: Polar cran. operat.or: Tower crane oper.~or GROUP 10: crane operator (over 50 tons and up to and includinq 100 tons :arc): oerr1ck llarqa operator (ovar 50 tona up to and .ncludlnq 100 tons arcl' HOlst oparator. stitt leos. GUY derrick or Slml1ar type (over 50 tons up to ana 1ncluainq 100 tona arc) I I I I CAt10002 - 24 I N1f - 24 SOO'1'S I I I I 94 341 I I CROUP 11: Crana o~araeor (ovar 100 eons and up eo and includinq 200 eons ~rc): Carr'=~ oarqa o~araeor (ovar 100 eons up eo and LncludLnq 200 eons orc): HOLse o~araeor, selff laqs, Cuy darrLck O~ Sl~11ar :YP. 'over :00 ~=ns ~p to and lncludlnq 200 tons 2rC) ; ~Obl:. ~Q~.~ ::ar.. op.ra~=r (over 100 tona up to and tnclud1nq 200 tons ~rc) I CROUP 12: Crana coaraeor :ovar 200 eons up eo and includinq lOO tons mrc): C.rrlc~ 04rq. o~.ra~or {over ZOO ton. up to and includinq lOO eons orcl: HOlse oparaeor. seiff leqa. Cuy derrick or simIlar eype (OVer 200 eons, up eo and includinq lOO Cona OrC): MOOLle eowar crane operaeor (over 200 eona. up co and lnc1udlnq lOO eons ~rc) CROUP lJ: Crane cparaeor (over JOO eons): Cerrick barqe operaeor (over JOO eons): Helicopear plloC: Hoiac operacor. sCiff leqs, Cuy darrlek or sLmilar eype (ovar lOO Conal: Kobile Cover crane operator iov.: 300 tons) I I I I TUNNE~ CROUP: CROUP 1: Truck crane oiler (., eona and under) CROUP 2: Truck crane Oller (over 2' eona) CROUP J: Heavy-duey repaIr person and/or welder CROUP 4: TruCk crane operaeor (uP eo and lneludinq 25 cans) CROUP 5: TruCk crane operacor (over 2' eona capaeicy up to and Lncludinq SO eons mre CROUP 6: MOOLle eower crane CROUP 7: Tunnel sole borlnq saehine operacor I I CONCRETE PUMPERS: I CROUP 1: Compressor operacor: Conereee puap operaeor (a..l1 poreaole. pea qravell: EnqLneer oller CROUP .: Conveyor operacor CROUP J: HeaVY-duey repair peraon CROUP 4: Heavy-duey repair person when pertorainq ve1dinq CROUP 5: Conereee pump operaeor (eruck-aouneedl: COnereee puap and separaee plaelnq 000.: Conereee puap, larqe trailer eype (larqa rOCk) I I TRUCK CRANE OPERATOR I CROUP 1: Truck crana oller (.5 eons' under) CROUP 2: TruCk crane OLler (over .5 eons) GROUP J: He4vy-dutv ~.p.ir person and/or welde: CROUP .: TruCk crane operaeor (UP eo and Lneludinq 25 tona, I CA9l000. - 25 I NW-25 SOO~B I I I I 94 341 I ~ROCP S: Truek :~3n' ~p.:a~o~ (over 2~ ~on. cap.Cl~Y up to and lncl~dlnq SO :=ns ~r=, GROUP 6: ~Qbl~' ~=~.r c:ane ~ROUP i: ~~~CK =:3nl operator (over 80 tons ~re ~p to ~nd ~~C~~dl~q :~~ ~:ns ~r=: =RC~P 3: 7~~CK :~3~' =p.rac~r (over 200 tonS arc); ~obl1. tower ::3nl .~V.~ ~;o ~:ns ~r=) I ---------------------------------------------------------------- I I :RON0001C 07:0.,:,92 Ratu Fri.nq.. VANCENBERG ~IR FORCE 3ASE: I IRONWORKERS: ornamlnt,al. rlln!orclnq and seruct.u.ra.L rene. IrIC't.QJ:' 2]. 61 22.79 11.J1 11. J7 ---------------------------------------------------------------- I Rates RL~INOER OF COUNTIES ANO PARTS OF COUNTIES: IRON0001F 0710111992 'ri.nq.. I IRONWORKERS: ornamental. reln~or=lnq and seruc:eural rencI .rlct.ors 20.61 19,79 11.J7 11.J7 ---------------------------------------------------------------- I ~B00001B 0910111992 Rate. 16.86 'rinq.. '.51 3RtCK TE~IOERS I ---------------------------------------------------------------- I ~B00002B 0110111992 KER!! COUNT~: Raus ,dnq.. PLASTERER TENOERS: I Edwar=s A1r 'orc. ea..: Elk Hl11. Naval R...rve: and Naval Air ~eapon. seaelon. China Lak. 18.U 7.n I ~ernalnder of Kern CQun~y l4.96 1.91 -----~--~------------------------------------------------------- tA800002C 0710111991 Ratu 'r1"q.. I 'COS ~NCE~ES ~NO ORANGE COUNTIES: I CA9J0002 - 26 I M1f-2t1 SOOT8 I I r-- il I I I I I I I I I I I I I I I I I I 94 341 PLASTERER TENOERS: ~ork on slnqle ~3ml1y ~o~.s and ap4~~.n~s ~p :~ and ~ne~~dlnq ) storle. All otner 'JOr'lC ------------------------------------------------------.--------- U,69 19,69 9.24 ~.24 t.\.BO00020 07jO".,.:'99l Frinq.s Raus SAN LUIS OBISPO ~NO SANTA BARBARA COUNTIES: PLASTERER TENOERS: san L~is Obispo CQ~n~y ana San~a sarbara co~n~y (nor~n par~): worK on s,nql. fam,ly nom.. ana apar~=.n~s up ~o ana incl~a,nq 3 s~orl.s (ao.. no~ apply ~o Vandenberq Alr Foree a..., POln~ Arqu.llo or Camp Rob.r~sl All o~n.r worK 13.63 U.4' t~ 34 t.34 San~a Barbara CQun~y (SOU~n par~): worK on s,nql. faaily nom.. ana apar~~.n~s up ~o ana inclualnq 3 s~or'.. 13.63 All o~n.r worK 11.4' t.34 t:3.' --------------------------------------------------------~------- t.\.B00002E 01/01/1992 Ra~.. rrinqes :MPERIAL, lNYO. MONO. RIVERSIDE AND SAN IERNARDINO COUNTIES: PLASTERER TEl/OERS: worK on s,nql. faaily noa.. ana apar~m.n~s up ~o ana ,nClualnq 3 .~ori..: Plas~.r.r ~.na.r Plas~.r.r cl.an-up labor.r All o~n.r work: Plasterer tender Plas~.r.r cl.an-up labor.r 16.90 13.56 t." t." 19.90 16.56 t." t." NOTE: WorK a~ For~ lev'", Georq. A,r Fore. sa... Karin. Corps A,r S~a~,on 39 P.l~., Mar,n. corps Loq,s~ic. Supply la.., ~ount41n War:~r. TralnLnq Canter. NaVAl Alr 'acll1ty s..i.y~ and , .~:. ~,H'ln. COC';J5 Pl.cy.~c ~.c!dOW.: S3.00 per hour ad.di.tional. -----------~--------~------------------------------------------- CAt30002 - 21 MW-27 socor. I I 94 ~ . . I '-"BOOOO.co 10/01/:.992 I vtST''':RA C:UNT\': I PLASTERER 7t~CERS: wor~ on Slnq~. famlly ~om.5 and apar~~.n~s ~Qt :0 exc..d 2 stor~.s ~n halqnt All oell.r '.orl< Raees rr l"q.. I ','-"BOOOO:~ 01/01/1993 -------------------------------------------------~-------------~ 1'.48 17,48 8. J4 8. J4 LABORERS : I '-"BORERS: Oro"" 1 oro"" 2 Or."p 3 Oro"p 4 or."p S I I TUNNEL LABORERS: Oro"" 1 Or."" 2 or."p 3 Or."p 4 I ~ORK ON SINOLE FAKIL~ HOKES AND STORIES: Landscape laborers. clean-up, '.nclnq (Clla1n 11nk and ,"ood) ...11 oell.r ,"ork on 51nq1. 'am11y /10m.. and aparem.ne. "I' :. and lnc1"d1nq 38 seor18. I I I OUNITE LABORERS: Oro"p 1 Oro"" 2 Or."p 3 I HOUSE~OVERS (ONL~ ~HERE HOUSEHOVING CONSTRUCTION CONTRACT): HOlols.mover ~ard malncenanee person I '-"BORER CLASSIFICATIONS: I Rae.. Frinc;.. 16.61 8.51 17.01 '.51 17.%1 '.51 11.26 ..51 18.46 8.51 19.52 9.51 19.84 9.51 19.80 9.51 20.0' 9.51 AI'ARTllENTS UP TO AND INCWDIIlG ] 12.79 ..51 1), 79 ..51 19.86 11.91 16.40 9.21 9.21 9.21 IS INCIDENTAL TO A 15.37 15.12 9.19 9.19 CAn0002 - .8 I I I 0-28 SOO'1'B I 94 341 I I GROUP 1: Cleanlnq ana hanalinq ot panels. torms: Conereee ~ereea'nq tor rouqn strlke-oft: Conereee. waeer curlnq: Oemollelon laoorer, ~ne eleanlnq ot brlck ana luacer: Dry paeklnq of conerete, pluqql"q, ~lllinq ot snee-bolt holes: rire watcner, ~~~er. br~s~ loaders. p~:.rs and deerl. handlers: rlaq persen: ~4S. 011 and/or .ae.r ~l~.l~~. laborer: ~bor.r. qaneral or ==nse:uc~~Qn: ~oor.r. ~.n.ral cl.an-up: t.borer. landscaplnq: Lacortr. :Ieelnq. :.m~crary ~ae.r and air lin..: "aelrl.l ho.e operaeQr (~.lls. slaes. ~l=crs and decks): Railroad "ln~.n.nc.. ropalr traek person and roaa oed.: Riqqinq and slqnalinq: Sealer: SllP form ral~er.: On hlqnway.. .lurry seal crev. (.,xer operator, applleator operaeor. squeeqee operator. snuttle. toP): ser..eear and rallroad conseruc~lon track laDorers: Striper," conerece or ocner .aved roaa surtaee.: Tar and aorear: Tool eri~ or cool hou.e laborer on nlqnway.: Traftie eontrol by any .ethed: Traf~lo dellneaclnq deVlee applicator: Windov cleaner: Wira .e'h. pullinq all concree. pourlnq operaelona GROUP 2: A.phale Shoveler, Ca.ant dU8per (on 1 yd. or larqar ~lxer ana nanallnq bulk oe.ene): Ca..pool di99ar and in.tallar, cnuekcenaer: Chuce hanaler. pourinq eonerata, tha handlinq of tha founaaelons, fooclnqs, ourb. qutter. and .idewalk.: Cone~ata curer. ,mpervious .amerana and tora oilar: CUttinq torch operator (damollC'On): rlna qraaar. hiqnvay. and .tr..t pavinq, airport, runways ana sl.llar cype haavy eon.truetion: a." oil and/or, wacar plpallna wrapper: Pot candar and fora: Guinea ena.ar: Headarooara, aspnalc: ~borar, paekinq red .t..l and pan', ~am~rana va~or bar~lar ,n.tallar: Powar br~ sweeper. (1..11)1 R,prap sconepaver. plaeinq stone or vat saeked eoncreta: Roto serapar ana clllar: Sanabla.tar (POt tander): Sepci~ teAk 4i9ger ana In.caller (laaa): Tank sealar and elaanerl Tr.. ~li"'r, faller, Onaln .av oparacor. Plttsburqh ehipper and .iailar type cr~.n sMradder.: Unaarqr~na laborar, in~ludinq cail.on be 1 lower GROUP l: Suqqymoblla' Concrate euttinq torenl COncrat. pile euc:ar: Orlllar. Jae~a..er. 2-1/Z tt. drill at..l or lonq.r: Orl-pak-lc ~aen.na: Gas. oil and/or vatar pipeline wrapper, '~A. p,pe and ovar. by any .atnod, .n.ide and out; Kyd.. ..ed.r and .,mllar cypa: r~pacc wraneh .ulti-platal Kattl., pot and a'phalt appller.. lay-~ola. eraosote, li.a eau.ti~ and .iailar type ~acar1al. ("applyinq" .aans applyinq, dippinq, bru.hinq or nandl,nq of suen .acarlals for p.pe wrappinq and vaterprooflnq): Oparacors of pnau.at.e. qa.. alaetric toolsl Vi~ratinq ..Chine., pavemene craakars, alr blastinq, eo.e-alonq., and .iailar . ~.enanleal :001. not separataly ela..itied herain, 'ipelay.r" baCKup. ccae1nq, qrou~lnq. makinq ot jOln~., ...11nt, caulk1nq. ~laoerlnq and ,neludlnq rubber gaskat J01nt., pointinq and any and all otnar servieas: Rock .linqar, Rocary .earitiar or ' ~ulClple nead ooneraea ch1ppinq searltler, seael haaderboard and qUldel1ne s.t~.r: Tampers, Barko, WaCker and aiailar cype: ~rencnlnq ~acnln.. hand-propelled I I I I I I I I I I I I ~ROUP .;: A.onalc rakar, luta parson. lronar ana a.phalt spreaaer boxes (all types): Concr.~. core cutter (walls, floors I CA9JOOOZ - 29 I ~ MV-21 SOOTS I I I I 94 341 I or call1nqs), qrlnder or sandar: Concrata saw parson, Cuttlnq .al1s or tlae .Qr~. 5c~rlnq oLd or new concree.: Crlbber. srtorer. laqqlnq, snaetlnq and :rancn braclnq, nand-qulded laqqlnq hammer: Head rock sll~q.r~ ~s.r 0... ~n connecelon Wlen laborers' work: So-~olnt ~~p. and S~=~;plnq of s...: OVer-51:. conerae. vlbraeor operaear. 70 lb.. 3nd ~v.r: rlpelayer. lncludlnq waear, sew.qa, SOlld. qas or alr: ?or~A snae-clase: Pretabrlcaeed Mannol. lns~aller: SandOlas~ar :"ozzla, wa~ar Olas~lnq): weldlnq In conn.celon wltn lacorers' .ark I I I GROUP 5: Blas~ar powdar, all work ot loadinq nolas. placinq and Olas~lnq ot all powder and ex~loslves ot wna~aver ~ype, raqardless of =e~nod used :or sucn loadlnq and placinq: Orillar: All pewer drlll.. exeludlnq jackhamm.r, wneehar cor., diamond, 'waqon, ~rack, =ultlp1a unl~, and any and all types ot =.cnan.cal drlll.: ~OX1C wase_ removAL I roNNEl. u..SORERS: I GROUP 1: Batcn plan~ laOorars: lull qanq suck.r, ~raek: Concrata craw, lncludlnq rodd.rs and s~r.ad.rs: Chanq.nouse: Oump:Oump (ou~Sld.): Swamp.r (Orak. and sWl~cn on ~unn.l work): ~unn.l matarials nandlinq: Tool work.r I GROUP 2: Cael. tand.r: Chuck t.nd.r: Nipp.r: V1Ara~or operator, Jackhamm.r, pn.umatlc :ools (.xcap~ drill.r): Loadinq and unloadlnq aqltator cars: Po~ ~and.r. ua.nq ..st.e or otfte~ :naterlals I I GROUP J: Blastar. drill.r, powd.r: cn..ical qrout jet: Cherry plckar: Grou~ qun: Grou~ mlx.r: Grout puap: Jaexlaq aine~: JuaDoI Kampar and otn.r pn.umatlc concrat. plae.r operator: "lns~, :unn.l (nand or machln.,: Powd.r (prlm.r nou..): Pr...r: Snotcra~a: Sta.l form ral.er and ..t~ar: Tiabar: 1.~laba~ (wood or stael): Tunn.l coner.t. flnl.h.r: Nozzle: Opara~lnq t~l~ andlor qroutlnq machln.: SandAlast.r I GROUP 4: Snaft, rai.. alner: Oiasand drillar I GUNITE LABORERS: GROUP ~: Nozzl. and rod CROUP 2: C:un GROUP J: ReDound I ---------------------------------------------------------------- LAB000670 0210111991 ~SBESTOS REMOVAl. LABORERS Rata. 10.00 Fl'lnq.. l.ll I SC~PE OF WORK: lncludas sit. moOillzatlon, initial sit. cl.an-up, 51ee preparat10n. :emoyal at asb.s~oS-CQne.lnlnq aaeerlal and eOX1C ~ast. (lncludlnq 1..4 abaee.ene and any other eOX1C I CA9JOOOZ - JO I MW-30 SOOT. I I I 94 341 I I I ~a~.rla15). .ncaps~la~:cn. enclosure and disposal o! aseaseos- conea.nlnq ~ae.r~als and :~X1C ~ase. {lncludlnq lead IDle..ant and any o~~.r :OX1C ~at.r:alsl ~y nand or wltn .qulpm.n~ or . :aact1J.nary: scat!ol:j:':"Iq. :acrlcat.:.On ot eallporary woodan oarr:..rs and ass.~...l :e ~.c=n':amln&tl.On st4t1=n.. ---------------------------------------------------------------- I Rae.. R~~I~CEROF COUNTIES ~C ~~~S OF COUNTIES: . OTHR0669C 04/0l/:99J Frin".. I S~RI~X~R FI~E~ 17 .00 6.03 ---------------------------------------------------------------- I OTHR0709B Ol/Ol/l992 I Rae.. rrinq.. LOS, ~NCE~S COUNTY: CRANCE COUNTY (CATALINA ISLANO: SAN cLEKENTE ISl.ANO: CI~Y OF SANTA ~A: ~O REMAINOD or ORANGE COUNTY WITHIN 25 ~I~S BEYONO ~HE CI~Y ~I~I~S OF LOS ANGEttSl: SAN BERNARDINO COUNTY (NORTHElUI ~AlIT OF CITY or CHINO: ANO CITIES or IIOKTCU.IR ANO ONTARIO): VEN'l'UllA COUNTY (PORT HUtIIE"E: PORT MUGU: CITY or SAIITA ~AUU.: ANO REMAI~OER or VEN'l'URA COUNTY IIITHIN 2S "IUS BEYONO THE CI~Y ~IMI~S OF LOS ANGELES): I S~RI~X~R FI~ERS 30.22 11.6. ---------------------------------------------------------------- I ~~I~OOl6A Ol/Ol/l99J I Rat.. rrinq.. :~YO ANO KERN COUNTIES: LOS ANGELES COUNTY (EXCEPT POMONA AREAl: !'lONO COUNTY: ~NO SAN BElUIAROINO COUNTY (IIEST or A I.IIfI NORTH or TRONO :NC~~OING CHI~A U.~E ~EA. JOKANNESBURG. BORON. SOUTH :NC~"OINC THE WRICH~.OOO AREA): I ~AI~TE~ ANO CRYWALL FINISHERS: I ORYWALL FI~ISHERS: K.rn co~ney (w..e af eft. La. Anq.le. Aqu.d~ce) ~.m&lnd.r ot ar.. 19.69 23.16 4.69 4.69 I ?A!N1"tRS: I ~o. Anq.le. Co~ney (..c.pe Aneelop. valley and tn. Polftorta area) ~ork on all .ood t~~m. z~ruceurc5 used tor numan naDl:~elon. I CA9J0002 - II I NW-31 SOOTS I I I I 94 341 I I includinq ~otels and conval.scene nomes l7.l5 work an S.~'1C. seaelons and car wasnes: sma!! CQmmerclal ~crk (=Qns~~~c~~Qn ~p ~Q and lncludlnq J seorle. In nelqnc, sucn .s small snopp1nq centers, small seer... sma!l oetice cUlldlnqs anc s.all :ood ..cablisnmenesl: small indu.tr1al ~or~ (llqnt metal buildinqs. small ~ar.nou..., s.all' storaqe :acllltle. and t11t-up cUlld1nqS): and cen.ne 13provemene work (tenane l~prov.m.nt work not included 1n conlunCtlOn wltn tlIe conatruCtlOn of tile buildinq: includinq repaint wor~) (not appl1caDl. to any pna.e of tn. aerospace industry or to notels wnicn operate co..erc1al estaDllsn- ments as part of tll. notel service) 19.10 All otller work: Brusn and roller ~~.1~ papernanqers: Swinq staq.: Paste .acnin. op.rator ~~.J7 SanCDlast: Spray: SteepleJack ~J.l~ 2.65 I I I I I I 4." 4." 4.'. 4." I I Inyo and Kern Counties: ~. Anqele. County (Ant.lope Valley): Kono County: and San Bernardlno county (west of a 11ne nortn of Trono includ1nq tne China t.ke ar.a. Jonann..burq, Ioron, souCb 1ncludlnq tlIe NriqntwOod araa): Wor~ on wood fra"d nou.inq, motels and convala.cant no.e. 15 ,15 ~. 65 All otnar work: Brusn . rollar 17." 4." Papernanqars: Swinq staqe: Paste .acllln. operator 17.9J 4." Sandblast: Spray: Ste.pleJac~ 18.68 4." ~----------------------------------------------------------~.~~~...- .~.__._. I I I PAIN004l0 01/01/1991 I CA9JOOO~ - 3~ I 0-32 900'1'8 I I I 94 341 I I Ratas F~inqas :MPERIA~ COUS~Y: ~S ANGELES COUNTY (POMONA AREA): CRANGE ANO RI'lERS!OE COt:)'~:~S: ANO SAN BEJl1;AllOINO COUNTY I EXCUlOING WES'l'E:Jl1; PORT!ON) : I ?AIN~ERS ANO :RYWA~~ r:sISHERS: I I ORYWA~L F:S:SHERS I ?AISTERS: aru'll Br~sn, .w1nq .taqa: Spray ?aparnanqar: Spray, .wlnq .taqa Sandb.a.tar: :ren, .taa. , brldqa (qreund wer~): Irell, staal , brldqa - spray (qreund): Rlqqars. e.1Sbinq .taa.: Bru'Il, ell=blnq .taal , brldqa ' Sandbla.tar, .V1nq .taqa: Iren. staal , brldqa (.w1nq .taqa): Iren, .taal , brldqa (.vlnq suqa, spray) StaaplaJae~ I 21.11 20.70 20.95 21,20 21.45 21.70 22.45 5.94 5.94 5.94 5.94 5.94 I . PA:S0052A 07/01/1992 ---~------------------------------------------------------------ 5.94 5.94 I Ra~e. rrlnqe. SAN ~t::S OBISPO. SANTA BARBARA AND VENTURA COUNTIES: PAISTERS ANO ORYWALL FINISHERS: I ORYWALL FINISHERS I PAINTERS: Werk en .1nqle raaily Ile.e. and apart=ent. up te and inCludinq J storl..: Punter, bru./\ Punter, .pray All ot.l'ler work: Pa1ntar: Pet tander (bru./\) ?aparnanqer: Pa.te =aclllne operac:Jr Spray, sandbla.ter (nen-staall: W.t.r~last.r: Power cl..nlnq (Mon-sC..ll; S~.~m cl..nlnq (non-sC..l) ;'lC'fn p<3LnCer ~te.pl.Jack (non-sC..l) I I I I CA9l0002 - II I N1f - 33 SOOTH I I 22.16 16.15 16.65 20.19 20.44 20.69 ~O.84 21.19 4.45 4.70 4.70 4.70 4.70 4.71)'-- ,- 4.70 4.70 I I 94 341 I Hlqn and ~azarjQus. l~~.rlor_or .x~.rlor s~3qlnq. seaffoldlnq, bos'n cna~:. spldlr or s~lnq seaqe: ~:~ ~r ::~ s~:r~es: ?!l:-lt.r spray ~a ~:1:e:'. sandtliast.lr. ~ae.r=l4s:.:: ?o~.r cl.anln~: 5:1am cl..nlnq: Seeople;aclC 6tn throuqn ~Jt~ st=r~.s: pai.nter Spray pe.neer: Sendblaseer: watlrClastlr: Powlr cllan1nq: St... c~..ninq: Seeopl.1aclC 10 storl.. ana Qver: puneor Spr.y p..ne.r: Sendblaseor: Wat.relaselr: Power cl.on.nq: seo.m cleoninq tron and se..l: Iran and seool/brush: poe eondor / seed Iron and st..l/spray: tron and 5eool sandbl..e pavor el..n Hlqh lran and seao1 canserucelon: Brldqos avar JO fe.: Punear/brush Palnear/5eaol/spray: Sond- blasear: Waearelasear I I I I I I I 21.56 4.10 2%.06 4.10 22.44 4.10 22.9. 4.10 2%.94 4.70 2J. 44 4.10 21.44 4.10 21.94 4.10 %%.94 4.10 %3.44 4.10 - ~ .. -. ,- - . . I PAINOlJ2A 07/01/l9.9 ---------------------------------------------------------------- Roeo.. :NYO, KERN. ~ONO AHO SAN LUIS OBISPO COUNTIES: 'rinqll. I GUZIERS 19.1] 4.1. I PAIN0294B 07/01/199% ---------------------------------------------------------------- Rt~:~OtR OF COU~I!S: I SOFT Ft.OOR tJlYERS Raea. '1:11190. L6.6J J.46 PAIN06J6A ll/Ol/L992 . . ~ . ."" ---------------------------------------------------------------- I Roea. 'I:i~~.. LOS AIIGEt.ES, ORANCE, RIVERSIDE, SAN BERNARDINO. SANTA BAllIAIU. ANO ':E~Tt!R.A C~UNT:ES: I CA9J0002 - J4 I 0-34 SOOTS I I II 94 .3:1 1 I I GU,ZIERS --------------------------------------------------------~------- 21.95 7.22 I . PAINl176A 04/0:,':39) Ratu Fr.n'1es INYO ANO ~ONO COU~:!S: I I I PARXING ~T STRIP:NC .ORX AXO/OR HIGHWAY ~XINC: Graup 1 Group 2 Group J , Group 5 Group 4 Servlce person (~41n~.n.nc. and repalr of equ.p.entl (on JOeslte only) Perkln'1 lot. qame court and 'plaY'1round lnstaller Prot.c~lV. coat~nq, rasurtacinq, pavement sealln'1. slurry seal. lncludlnq repaIr wnen done in con)Unctlon wlth pay.mane sealln'1 and slurry seal work 17.93 Sealer/mlxer 17.16 Appllcator operator. shuttle person and squee'1ee person 15.13 20.93 5.64 19." 5.64 17.79 5.64 20.93 5.64 12.56 5.19 13.00 5.64 I I 5.64 5.64 5.64 I CEFINITION OF GROUPS: I GROUP 1: STRIPER: Layout and application of peinted trafeio str.pes and ~arkln'1: hot thermo plastic: eape traffic strlpes and ~arklnqs I CROUP 2: nlAFFIC OEI.INEATING OEVICE APPUCATOa: r.ayou~ alJCl appllcatlan of pave.ent ~rkers. delineatinq s1qn., ruabla and trafflc ears. adhe.ive., quide aarkar.: otAar traffic dellneatlne; devlce.: include. all related surfac. preparatlon (sandela.tine;, waterelastlne;, qrindinq) a. pare of tne applicatlon proce.. I CROUP J: TRAFFIC SURFACE ABRASIVE BLASTER: re~al of traffic lln.. and marklnqs: pr.paraelon ot surtac. fo~ c~cinq. and traftlc cantrol devices I GROUP 4: TRAFFIC PROTECTIVE OELINEATINC SYSTENS INSTALLlR: removes: relacates: installs permanently affixed road. ide and parkinq dellneatlon carricades: fencine;, quard rail: c~Cl. ancno~. ~.eaLnlnq walls, rerere"c. slqn.. aoftu..nc r.larlCerS I I CA930002 - l5 I Mlf-35 SOOTS I I II I 94 341 GROUP 5: TRAFF!C C~NTROL PERSON: Sole functlon 1. to cont~~l and dl~ect :~at!lc :nrouqn both c~nventlonal and movlnq lane enclosures I . PAIN1176B 00/01/1993 -------------------------------------------------.-------------- I Rate. r~1nqe. :~PER:AL. ~E~~. ~=S ANGE~S. ORANGE, RIVERSIDE, SAN BERNARDINO, SAN L~:S OBISPO, SANTA BARBARA AND VENTJRA COUNTIES: I PARKING LOT STRIPING ~ORK ANDIOR HIGHWAY !'IAJU<E:RS: I Group 1 Group 2 Group J Group 4 servIce person (~.in:.n4nc. and repalr of aqulpment) (on jODelte only) I I Slu~~y .eal work: I '~esno. I=perial. Kern. Klnqs. Los Anqel.s. San LU1S Obispo. Santa BarDara. Tular. and Ventura Count...: Se.lerlllue.. Appllcator operator, shuttle person and squeeqe. person Trafflc surface protectlve coatlnq apphcator Traffic control person I I I Oranqe. Riverslde and San aernardino Coune...: Seder/mixer Applicator operator. Shuttle person and squ..q.. person Traffic surface pro~.ctlV. caaeinq applicator Traffic control person I I I DE'INIT:CN or GROUPS: CA9J0002 - 36 I I NW-36 SOOTH I I 19.93 18.9J 16.94 19.93 5.67 5.67 5.67 5.67 11. 96 5.25 14." l." 13.11 l.1I 15.51 8.19 l." l.K 14.5. 3.52 12.81 3.52 15.15 7.n 3.52 3.52 I I 94 311 I GROUP 1: STRIPER: ~vou~ and application ot paln~ad t~attic s~rip.S and marxlnq: ~Q~ e~.~o pliS~lC: tap. era!!l: ,trlpa. and ~arKlnq "ROUP 2: ~RAFF:C JE~:NtAT:NG OEVICE APPLICATOR: ~yout 3nd ap~licat.on of ?av.~.ne ~arK.rs, dellnaatlnq slqns. rumnle ~nd e~a!:.= :ars. adh..1V... qUlaa marxers: Qt~.r tra!!lC aelln..tlnq daVleas: .nclud.. 411 ralatad surtace praparatlon ('andblase.~q. .aearbla.tlnq. qr.ndlnq) a. pare ot tna appl.eaelon proea.. CROUP 3: TRAFFIC SURFACE ABRASIVES BLASTER: Ramoval ot eratfie l.na. and QarK.nq.: praparatlon of .urfaea for eoatlnq' and eraff.c control davlea. I I I CROUP I: TRAFFIC ?ROTECT:vE OELlNEATING SYST~S INSTALLER: Ramovas: raloeaeas: In.talls: parmanantly affixed road.id. and parKinq d.lln.aelnq bar~lead... fanelnq. quard rail. cable anenor. raealnlnq walls. rateranca siq"., sonum.n~ markers I ---------------------------------------------------------------- I PAIN1247A 1010111992 Rata. 'rin,.. ,NYO. KERN AND MONO COUNTIES: I SOFT F~OOR ~YEas 11.22 5.91 ~--------------------------------------------------------------- PAIN1217B 0810111992 'rinq.. SAN LUIS OBISPO, I Rat.. LCS ANGE~S, ORANGE. RIVERSIDE. SAN BERNAROIHO. S~~TA BARBARA AND VENTURA COUNTIES: I SOFT FLOOR ~YERS 23.30 ,.., -.-------------------------------------------------------------- I PAIN13998 0810111992 ,MPERIAL COUNTY: Rat.. 'rinq.. I C~Z:ERS 22.5' '.10 ---------------------------------------------------------------- I ?~IN1711A 10(1311991 ,~PER,AL COUNTY: Rata. 'rin,.. I sorT FLOOR ~YER 16.95 5... I CA930002 - 31 I I MW-31 SOOTH I I I I I I I I I I I I I I I I --. ... I I I I 94 341 ~---------------------~---~------------------------------------- ?~S00028 08/05/~~92 Ratl. r~lnqlS ~:S "'NGE:.es. :RANGe, ,:';EllS ::E. SAN 8EllNAROINO ANO '/E~I't"';RA' c:t.:N-:-:E:S: ?~srt!lERS : ~ork Qn slnqle ~s~~~y ~omeS ana ap.r~~enes ~p e~ ana lnel~alnq J S~o1'l'. All 01:1'111" '..o1'~ 21,83 24 ,83 5.36 5.36 ---------------------------------------------------------------- ?~S00528 07/01/:991 RI1:I. rrill9" CE~ENT MASONS: ~ork Qn wood or ~.eal ~=3m. cQnseruc~lon ot s.nqle ~amilY r.slaenc... 3par~~.ne. and ccndoMlnlums. =0.. noe inel~al p1'olle~. ~l'Ia1: Ixeloa J stor..S; any ~~~l.~Y work, such as eelepnone. qas, .at.r, sew.r and oen.r utl11eles: or any wor~ O~1:.1dl proplr1:Y 11nl.. lnel~dlnq e~ro., q~1:1:lr. ana Sl,.aawalks ~ork on JObsitas wnere tn. total pl~l~ ~al~1 of 1:1'11 qlnlral contract and all subcontracts upon enat Jobslee is $4,000,000 ~r less ~ll otl'ler ....ork 16.26 6.15 19.96 19.96 1.50 '.50 ---------------------------------------------------------------- ?~SOI918 01/01/1913 INVO, KERN ANO MONO COUNTIES: Ratl. rril\lJtlS P~S':'ERtRS: Plasterers sozzle operatar 15.51 15.695 4.41 4.41 -------------------------------------------------~-------------- ?~S01418 08/07/1991 SANTA BARBARA COUNTY: Ratl. rrill9" P~STERERS 22.10 4.53 ---------------------------------------------------------------- CA930002 . 1B 0-38 SOOTH I I 94 341 I PLAS03468 0'/01/1991 IMPERIAL COUNTY: Ra e.s rnnqu I PLASTERERS: _ork on s1nqle ~11y ~om.. and apare=.nes "p :0 and includlnq ) ,eorl.S 1'.42 '.29 All o~ft.r work 18.42 '.29 ---------------------------------------------------------------- I I PLAS077,S 06/01/1982 SAN LUIS 08IS~ COUNTY: Rae.. Frinq.. I PLASTERERS 21.77 ---------------------------------------------------------------- I PI.l1MOO 16G 07/01/1992 Rae.. Frinq.. IMPERIAL. LOS ANGELES, ORANGE. RIVERSIOE. SAN BERNARDINO. SAN LUIS OBIS~. SAllTA BARIlAR.A AND VENTURA COUll'l'IES: I PI.l1MBERS, STEAMFITTERS: I rare Irwin Army..... Marin. Corp. LGqlseic .... ae H.DO. Mann. Corp. LGquUc .... ae Y.rmo. San Hlcolau. I.land, and tw.ney-Hln. Pal.. Marln. Ba.. 07.'3 10.73 I Ca.p RoD.re.. G.orq. Air rare. .... and Vand.nD.rq Alr rorc. Ba.. 26.21 U\ 10,72 I R..aind.r at counei.. and pares at couneu. 24.03 10.72 I ~NOSCAPE , IRRIGATION WORK: J ou rneyp. rsan 7r-Ide.person 19,'0 7." '.50 2.55 I ~oe.: Cuel.. at eft. land.cap. , Lrrlqaeion trad..per.on 1Lmi~.d eo: olqqLnq and/or oackfilllnq wleft tft. .xc.peion ot ~otorLz.d .qulp..nt' cl.an-up and ,w..pLnq: pipe wrappinq and wat.rproofinq wn.r. tar or .1sLlar mae.rlal. i. appli.d tor prot.ceLon: op.ratLon of VLOratLnq .acnln..:'coatinq and qrouel.nq I I CA930002 - 39 I I M1f - 3!) sooora I I 94 :.;~ 1 I I ot all pipe jOlne.. nole. or :na.e. allied to ~ne piplnq ---------------------------------------------------------------- PLUM0250A 09/01/1989 Raees F..n'le. I I I I ~S ~~CELES ~ND ORANCE .:UNT:!S: REFRICERAT:ON , AIR .:NDIT::NING 21.19 '.90 ---------------------------------------------------------------- PLUM03558 07/01/1992 INYO AHO KERN COUNTIES: Raee. Fnnq.. ~NDSCAPE FITTER: UNDERGROUND UTILJTY WORKER 21.60 2.95 ---------------------------------------------------------------- I I be.. RIVERSIOE ANO SAN BERNARDINO COUNTIES: PLUM036.A 02/01/19.7 'rinq.. REFRIGERATION , AIR CONDITIONING 19.55 u . 5.7' ---------------------------------------------------------------- PLUMO'60A 01/01/1993 Rae.. 'r1nq.. I I INYO. KERN AND MONO COUNTIES: PLUMBERS: STEAMFITTERS: Work ae C~ln. Lake Naval w..pon. Ceneer and Edward. All' Forc. Ba.e I I I ! I I ---------------------------------------------------------------- Remainder ot Area 27.11 22.11 5.n 5.n ROOF0027B 02/01/1993 INYO, KERN AND MONO COUNTIES: Rae.. 'r1nq.. ROO rERS 11.65 5.7S ---------------------------------------------------------------- . ROOF0036A 09/01/l992 Rae.. 'r1nq.. LOS ANGELES. ORANGE. SAN LUIS OBISPO. SANTA BAR8ARA AND VENTURA C:)UNTtE~: . CA930002 - 40 I I JC1f-40 SOtJ'lB I I I I 94 341 I ROOFERS : Rooler pr.par.r (du~i.s :~~l:.d ~= ~~. !o11QVlnq: t..r-ot~ and/or remove any eyp. ot ~:o!lnq or roof.nq maear.a. or sp~Qa.nq. or SW"plnq and/or clean-up. and/or praload.no. or .n prapar.nq ~a roof lor appl.cae.on of roof.no. aasp and/or waearproofinq ~aear.al) 20.02 6.6J5 I I 15.30 l.00 ---------------------------------------------------------------- I ROOF0045A 01/01/1991 IMPERIA~ COUNTY: Rata. 'rin9.. I ROOFERS 11.70 ].,. ---------------------------------------------------------------- I RaU. RIVERS ICE ASC SAN BERNARCINO COUNTIES: ROOF0146A 09/01/1992 ,dnq.. ROOFERS 11.71 7.'0 I ----------------------------------------------------------.----- SHEE0102A 01/01/1992 I Rata. 'rinq.. INYO COUNTY: KERN COUNTY (EAST OF HWY. 1]9' rROM RIO MOUNTAIN TO THE INYO COUNTY toINE): r..oS ANClELES COUNTY (SO\ITII or A STIlAIClIft' toINE ORAWN BETWEEN GORMAN AND BIG PINts. CALIFORNIA: SOUTH or IMPERIA~ HWY. TO THE CITY t.1HITS 0' r..oMG BEACH. INCLUOING THE CITY OF r..oNCl BEACH ASD THE Ul.\KO or CAT.u.IJlAII IlOIlO. Oll'~, RIVERSICE AIID SAN BElUlAJIDIHO COUNTIES: I SHEET META~ WORKERS: I t.o. Anoala. covnty (.o~tft of Imperial Hwy. eo en. c.ey lis.e. of Lonq a.aen. .ncl~dinq tn. ciey of Lonq B.aen and en. I.land of Catalina) ana oranq. co~ney' Work on all o.n.ral .n..t .atal. n.ae.nq and a.r condition.no. ..eal firaplaea .n.tallaeion. and solar systems on .in~l. la..ly awall.no.. .~it.pla fa.ily dw.ll.no.. erace no.... and I I I CA9]0002 - 41 I I 0-41 SOQTS I I I 94 3.11 I apa~~ant b~.i~.nq. .ndiv~~~ally eond.e.onad by .aparaee an~ in~ap.ndane ~n.ts or .y.ea~s 23.42 All otnar .or~ 23.91 8.37 8.37 I .:nyo C~\Jnt.'I. Ke:-n C:l\,ln~y r .as't Qe Hwy. IJ95 ~:Q= Red ~O\,lnealn to ena Inyo co~ney l.nal. ~ws Anqele. couney (souen Qt a seralqne l.n. drawn ceew..n Gorsan and Blq P.na.. Cailfornia. and no~n of I=p.r.al Hwy. to 'the cley limits at ~nq e..ch, axel~a.nq tna c.ey of t.onq ..aen and tna Island of Caeal.nal. and ~ono. Rivars.d. and San a.rnard.no Counti..: Work on all qanarai sn..t m.eal. naae.nq and a.r cond.e.on.nq. maeal firaplaea .n.eallae.on, and .olar .ysea~. on s.nqi. taslly dw.llinq., .~le.pl. fa.lly dw.llinq., tract no.... and apare=.ne b~.ldinqs indiv.d~aiiy eond.eion.d by .aparaea and ind.p.ndane un.es or .ysea.. 2].42 All oenar work 2].78 1.]1 ..n I I I I II ---------------------------------------------------------------- I SHEEO~08A 07/01/1992 I Rata. ,rinq.. KERN COUNTY (WEST OF HWY. 1395 FRO" RED MOUNTAIN TO THE INYO COl,;NTY :'INEl: r..oS ANCEUS COUNTY (NORTH 0' A STIlAIClHT t.1MI OIlAIIlI B~TWEEN GORMAN AND BIG PINES, CA~IrORHIA): I SHEET ~ETAto WORKERS: Ra..dane.ai/l.qnt eo...rcial (6.000 sq. fe. or la.., All oener work 11.30 22.81 7.51 7.51 ---------------------------------------------------------.------ I SHEE01088 08/01/1992 I Rata. . 'rlnq.. LOS ANGELES COUNTY (SOUTH 0' A STRAIClHT toINI DRAMM BITWIIN COIlXlM ANO BIC PINES. CA~I'ORHIA: EXCtuDINC THE PART SOUTH 0' IH'IRIAL HWY. TO THE CITY toI"ITS OF t.OHG aEACH, AND EXCLUDIHO THI CITY or r..oNCl BEACH ANC THE IS~C OF CATALlNA: I SHEET ~ETAL WORKERS 2'.60 '.41 ~--------------------------------------------------------------- I CA930002 - 4Z I I 0-42 SOC'f. I I 94 34\ I I SHEE0206. 07/01/1991 I~PERIA~ COUNTY: Rat.. Frinq.. I SHEET ~ETAt. :.IORl<E<<S 21.43 8.09 ~--------------------------------------------------------------- I R.es. Fr.nqa. SAN t.UIS O.ISPO. SANTA BAJlaARA AND VENTURA COUNTIES: SHEE027JA 08/01::992 I SHEET ~ETA~ WORKER 23.91 7.6] ---------------------------------------------------------------- SUCA1005A 12/1J/1991 Frinqas p.rforsinq op.ration I R.e.. WE~ERS - raeaiva raea pra.er.bed tor er.ft to wn.cn w.la.nq .. .ncia.ne.l. ---------------------------------------------------------------- I . TEAMOOllA 03/01/1992 1'lIUCK CRIVERS: Rau. Frinq.. I Ca.p.Rob.r~.: Eaw.ra. A.r Fore. B...: El C.n~ro: Fort Irvln: G.orq. Air Force ....: Mo~nt.in wart.ra Tr.lninq c.nter (.riaq.port): N.v.l Air Fac.llty: N.val Air Wa.pon. se.t.on, China [.ake: Nabo M.rin. B.ilistie .... (Yarmo): Polne Arqv.llo: Poine coneape.on: !V.ney-Nin. P.l.. Marln. B...: .nd v.ndanb.rq Air Fore. ....: Gro~p 1: Gro~p 2' Gro~p 3: Gro~p 4: Gro~p 5: Gro~p 6: Gro~p 7: Gro~p 8: Gro~p 9: Gr~p 10: Gro~p U: Gro~p lZ-A cro~p 12-. C ro~p II Gro~p 1< Gro~p 15 20.]9 20..7 20.5J 20.62 20.65 20.67 20.71 20.72 20.77 20.10 20.65 20.17 20.90 20.92 21.17 n.u 10.1' 10.a ",. 10.1' 10.1' 10.19 10.n- " 10.11 10.19: 10.n 10.1' 10.1' 10.1' 10.1' 10.11 10.1' 10.19.. II I I II I II CA930002 - 4J I :1 I ICW-U SOOTS I I 94 341 I I Gro~p 16 aro~p 17 Gro~p 18 Gro~p 19 21.52 2l.62 2l.42 22.42 10.19 80.19 10.19 10-.19 I I Rem.lnder ot C~unel.. ind par~s ot c=~ne..s: Gro~p 1 Gro~p 2 Clro~p 3 Gro~p 4 Gro~p 5 Gro~p 6 Gro~p 7 Gro~p 8 ..ro~p 9 Gro~p 10 Gro~p 11 ..ro~p 12-A Gro~p 12-8 Gro~p 13 Clro~p 14 Gro~p 15 Clro~p 16 aro~p 17 Gro~p 11 11.39 11.47 11.5] 11.62 11.65 11.67 11.71 11.72 U.77 11.10 11." 1'.17 11.90 11.92 1'.17 1'.42 19.52 1'.62 20.42 10.19 10.19 10.19 10.19 10.19 10.1' 10.1' 10.1' 10.1' 10.1' 10.19 10-. l' 10.1' 10.19 10.19 10.19 10.19 10.19 10.19 I I I I II I OEFINITtON OF GROUPS: GROUP 1: T....e.r G~OUP 2: Cr.v.r ot v.hicl. or co.aination of vehicl.. of 2 axi.. (inel~dinq .11 vehicle. 1... than I to~): Tra~fic :oneroi pllot e.r. .xcl~dlnq aovlnq ftSavy aqvipeenC peraiC lo.d GROUP 3: Tr~ek-mo~nted pow.r brooa GROUP 4: Cnv.u of vehicle. or ca.ainacioR of v<ctUcl.. of ~ axla. . GROUP 5: Boot: c...nt di.tribv~or: Ero.ion concrol 4rlverr '~.l trvek: w.ter trvck. 2-..1e GROUP 6: Dvsp. 1... than 11 yda. GROUP 7: Translt .1X, under] yd..: Dvspcrece, le.. caen 1- 1/2 yd.. GROUP 8: Trvck repair h.lper GROUP 9: w.t.r trvck, ] or .ore .xl.. GROUP 10: PI .nd .iailar type ervck wh.n "pertoraint within en. T....t.r.. j~riadiction: Pipeline .nd vCility workinq truck .ncl~dinq vinch, bvc lialted to trvck .pplicable to ~.p.l.n. and ~tility work. wh.r. . coapo.it. cr.w i. ~.edl ;l~rry ar.v.r: Trvck qr....r .nd tir..yorker C'O c~t. per ",our aaa.honal for hral . ..ROUP 11: Trans,e B.X. 3 yd.. or Bore: evmperete. 1-1/2 yda. <.1nd over CROUP 12-A: Cr.v.r of v.hicl. or eORbin.tion or v.hicle. of 4 I I I I I CA9] 0002 - 44 I I MW.44 SOUTH I I I 94 341 I I or lIore axl.. GROUP l.-B: Or.var of 0.1 spraadar eruck GROUP 13: C~m~. ;6 yd.. ~~e lasS than 25 yd.. . GROUP 14: A-Fra.a or Sw.d.sn cran.. or s...lor typa Qf .qulpm.n~ ar~v.r: rorK l.t~ drlver: Ros. Carr..r. nlqnway GROUP 15: All otl-M.qnway aq~.pe.ne ~.eh.n Taa.selrs' ;urlsdle~lQn (Oet-~lqnw.y comblnael0n of venlcl.. or aqu.pa.ne w.tM ~~.e,~i. pow.r .o~rea.. 51.00 p.r no~r addieionall; ~~e~. 2' ya.. or acr.: TruCk rapa.r; waear p~ll. s.nqla ano.Ma w.eh aeeacn..ne.: weiaar GROUP 16: TruCk :apa.r w.ld.~ GROUP 17: Low ~ad ~r.v.r. 9-axla or ov.r GROUP 11: waear p~ll. ew.n anqln. wieh attaene.nt. I I ---------------------------------------------------------------- I Unli.ead eia..itieae.ons naedad to~ work not incl~d.d within the scop. ot the ela...!.cae.on. l..tad .ay ~e added att.~ award only a. prov.dad in eha lacor .tandard. cont~act clav..' (29 crR 5.5(a) l(il)). I EKD 0' GEKERA~ CECISIOK I I I I I I I I CA910002 - 4' I I MW-45 SOUTH I I I 94 341 I I I I I I I I I I I I I I I I I v.neral oecision Nuab.r CA930006 s~parsedad General ceeision NO. CA910006 State: Calitornia Con.truceion Type: cndqinq covnty ( 1&S) : CEl. NORTE !MOIOLD'1' r..oS AHClEtzS 1lAJII1I HEllOOCINO HOlI'1'EIlEy ORAllGE RIVERSIDE SAN CIEGO SAN FllAMCISCO SAM WIS OBISpO SAN MATEO SAll'1'A BAIlV'lA SAIl'1'A OOZ SOHOMA VIIl'I'\lIl.A self-propalled hopper dredqinq lIodifica~ion N~er o Pvblieation oata 02/19/1993 CA930006 . 1 MW.46 SOUTH I I 94 341 I I I I I I I I I I I I I I I I I CO~"NTY ( ias) : OE~ NORTE HlJIlBOt.D'l' !.Os ANGELES MAllIN ME:NCOCINO MONTEREY :RAlIGE R:'ltRSIDE SAN DIEGO SAN f'RANCISCO SAIl l.UIS oaISPO SAN MATEO SANTA aAJIaAJIA SANTA CRUZ SONOMA vtNTtlRA SUCA'005A 09/01/1991 Rate. 'rinq.. SELF-PROPELLED HOPPER DREDGES: Drag e.nd.rs 8.78 4.2] + a FOOTNO'l'E: a: N.na paid holidays: Naw Vaar's Day, Wa.hinqton's ai~day, Ilamor.al Day, Indepandanca Oay. Labor Cay, Pa~l Hall'. B1~d&y (A~q. .oen). Vaearans Cay, Thanksq.vinq Cay and Chri.tmas Cay. ---------------------------------------------------------------- Unlistad elassitication. naadad tor work not included within the scope ot eha class.f.cationa listed may b. added atter award only as prov.aad in ene labor seandard. eoneract ela~.e. (2' CrR 5.S(a) 1(11)). ENC OF GEHERA~ DECISION CA9J0006 - . MW.47 SOUTH I 94 ") 1 i I 94 341 I I I I I I I I I I I I I i I I I I General Decision NvaDer CAt30003 svpe:seded Ganaral Deeiaion No. CAtlOOO] steea: California c~n.~ru~ion Type: Watar Well Or~llinq covnty (ias) : STATEWIDE WATD W1:I.I. CRII.I.IIlG Modificaeion NvaDer o Publication Date 02/11/1"] CA9JOOOJ - 1 MW-48 SOUTH I 94 341 I I I I COUNTY ('U) : STATEWIDE SUeA500aA 02101/1990 Rata. 'rinqa. CRI~R: Aideda 10.00 .]6 Alpina ~.IO A&&dor 9.10 llVtta 7.00 Calaveras 7.50 Col~.. 11.01 2.0] Contra co.ta 9.'0 eel Horea 1.00 .n El Conao 9.10. Fr..no 13.n 1.45 Glann 7.00 HUSllolae 1.00 .n 1II9arul 1.70 .]6 Inyo 7.29 1.13 Karn 7.0' .01 Kinq. 7.03 1.21 tAka 11.01 2.03 t.a...n 5.50 .03 t.oa Anqala. 9." Madera 7.'0 .72 - Marin 11.07 2.03 Maripo.. 1.'0 .72 Menc1oc.no 11.01 2.0l lIareed 7.00 .13 Madoc 10.SO Kono 10.00 Mone.rey 12.50 Napa 1.00 .n Nay.d. 7.00 .13 oranqa 11.00 1.4' Placar 9.10 Pl~ma. 10.00 Ri.verai.de 1.00 .31 Sacra_nco 10.00 San Benito 1.39 2." . San 8ern.rdino 10.20 .n San Oiaqo 1.11 San Francisco 10.00 San Joaquin 7.00 .13 San l.~.s Olti.po ..., 1.02 San Mateo 10.00 .11 Santa Barbara 7.91 Santa Clara 1.39 2." Santa Cnu 1.39 2.15 Shasta 1.95 5 lerra 7.00 .13 CA930001 - 2 I I I I I I I I I I I I I MW.49 SOUTH I I I 94 341 I I I I I I I I I I I I I I I I I SialU.Yo~ Solano Sonou Stanisla~. S~et.r TeI1aaa Trinlty !Vlan !Vol...... Vancura Yolo YWle CIU IJ.ZIt' S HEI.P!ll: Al_a Butte Calavera. Col~.. Contra Co.ta Cel Hort. Fr..no Gl.nn HuabOlat Imperiai Inyo Kern t..&ka w...n t.os Anqel.. Madera Mari.n Maripo.. M.ndoo.no M.reed Madoo Mono Monurey Napa Navad. Oranoe Pl~ua River.ide S.cr...n~o San Benito San Bernardino San Oieqo San rranciac:o San .1oaquln San Luis Ot..spo San MaCea Santa Barbara Santa Clara Santa Cruz Shasta 51er-ra CA910001 - 1 MW.50 SOUTH '.00 9.15 10.07 7.00 7.00 10.00 1.95 7.zt 7.50 11.00 10." 7.00 7.0B '.00 '.00 7.00 7.50 7.2S I.U 5.00' 7.2S ..], 5.00 5.1]' 7.00 4.50 '.2' '.00 7.00 5.00 7.80' '.00 7.25 1.00 1.00 1.50 5.00 1.10 1.00 6.00 6.10 1.15 . '.00 7.50 1.00 1.00 . 5.42 . 1.75 6.30 6.15 6.15 4.'0 5.00 .n l. 70 .13 1.13 .72 1." 1.65 .U 2.0] .50 .2] .04 %.03 .OJ 2.03 %.04 .11 .11 .10 1.21 .32 2.S4 .n .11 .11 .55 2.54 2.54 .10 I I 94 341 I I I I I I I I I I I I I I I I I Siskl'(OU Solano Sono.' seanJ.slal..ls 3\,l'telr T.h.... Trin.ey Tular. Tuol~. Vent.'U.ra Yolo Y~a I'UKP INsTA~R: Alamad. Alpine Aaador Col~s. Caner. eo.e. El condo 'r..no I:Ilperal K.rn [.ak. t.os Anoal.. M.a.n Marin Mar-lpo.a M.ndoc If'\O Mont.ray N.p. Placer plum.. Ri.ver.J.d. Sacrueneo S.n Ben.eo s.n Bernardino S.n Cieqo S.n Joaqvin s.n ~u Obi:llpc San Maeeo SAne. aarbara Sanu Cl.ra Sane. Cruz Sl'\..ea Sonoma Teham. Tnn.ey Tuolumne Veneura 7..5 1.65 1.00 7.00 5.00 '.00 a.50 5.00 5.00 1.60 6.00 5.00 l.79 .11 1.23 .39 .10 7.'0 1.00 1.00 10.57 7.50 1.00 6.3' 1.50 5.50 10.57 9.71 7.50 10.57 7.50 . 10.57 12.50 13.00 S.OO 10.36 '.50 ~.63 I.a 10.30 7.15 11.a 6." 10.3' 1.57 I.J9 I.a 9.n 10.57 10.]' 9.n 7.50 11.00 2.0] 1.Oa .a3 2.0] .'7 .72 2.03 .12 2.03 .11 1.65 .J4 .13 2.15 .71 3.12 1.65 2.15 2.15 1.36 2.03 1.15 1.]6 .72 1." ---~------------------------------------------------------------ Unl,se.a class,ticae.on. n..d.d lor work noC inclvdad within ehe CA91000J - a MW.51 SOUTH I I 94 341 I I I .eopa of ~~a c:a..iticaeion. li.~ad .ay ba ad4ad attar awar4 only a. proviaad .n ena :aDor seandaraa eon~raet cla~.a. (Z9 CrR 5.5(a) 1(""1)' I tND 0' GENtRA~ CECISION I I I I I I I I I I I CA91000; - ~ I I :\IW.52 SOUTH I I I I I I I I I I I I I I I I I I I . 94 341 General Decision Number CA930002 ~~[;~~~~[D) MAY 121993 LABOR RELATIONS superseded General Decision No. CA9l0002 state: california construction Type: Building Heavy Highway Residential county(ies): IMPERIAL INYO KERN LOS ANGELES SAN LUIS OBISPO SANTA BARBARA VENTURA . MONO oRANGE RIVERSIDE SAN BERNARDINO 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 CA9J0002 - 1 I I I I I I I I I I I I I I I I I I I 91\ '31\\ COUNTY ( ies) : IMPERIAL INYO KERN- LOS ANGELES. ~ONO 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 Fringes Rates 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 Fringes \ Rates RIVERSIDE AND SAN BERNARDINO COUNTIES: I I I: I I I I I I I I I I I I I I I I 94 341 BRICKLAYERS; STONEMASONS; AND MARBLE SETTERS: Fort Irwin A~y 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 Rates Fringes IMPERIAL COUNTY: BRICKLAYERS; STONEMASONS; MARBLE SETTERS ~. 22.00 5.95 ---------------------------------------------------------------- BRCA0004E 07/01/1992 Rates Fringe. '/ENTURA COUNTY: BRICKLAYERS 22.00 6.13 ---------------------------------------------------------------- Rates SAN LUIS OBISPO AND SANTA BARBARA COUNTIES: BRCA0004F 07/01/1992 Fringes 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 I I. I I I I I I I I I I I I I I I I I 94 1~1 Air Weapons Station, China Lake 26.90 5.21 c 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 Frinqe. << TERRAZZO & TILE SETTERS 24.99 6.60 ---------------------------------------------------------------- BRCA0004P 09/01/1992 Frinqes BERNARDINO, Rates INYO, KERN, LOS ANGELES, MONO, ORANGE, RIVERSIDE, SAN SAN LUIS OBISPO. SANTA BARBARA AND VENTURA COUNTIES: TERRAZZO WORKERS 24.99 6.60 -----------------------------------~---------------------------- BRCA0004R 10/01/1992 Frinqes Rates RIVERSIDE AND SAN BERNARDINO COUNTIES: TILE SETTERS 24.99 5.52 ---------------------------------------------------------------- BRCA0004S 09/01/1992 IMPERIAL COUNTY: Rate. Frinqe. ( CA9J0002 - 4 I I I II I I I I I I I I I I I I I I I I 94 341 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: AARBLE SETTERS 26.80 10.55 ---------------------------------------------------------------- CARP0002A 07/01/1992 CARPENTERS: Rates Fringes Work on single family homes & apar~men~s up to and including 4 s~ories: Framer & finish carpenter Insulation installer Shingler Concre~e & form worker Residen~ial fence builder 17.69 15.50 16.42 18.17 n.01 4.80 3.55 3.80 4.80 4.80 CA930002 - 5 ---------------------------------------------------------------- I I I I I I I I I I I I I I I I I I I 94 341 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 acoust~cal 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 CARP0002B 07/01/1991 DIVERS: CA930002 - 6 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 16.35 24.30 4.80 4.80 23.93 24.03 23.83 4.80 4.80 4.80 1 23.80 23.93 23.88 23.90 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 Rates FrinCJes I I I I I I I I I I I I I I I I I I I 94 341 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 ---------------------------------------------------------------- CARPOOOJP 08/01/1991 INYO, KERN AND MONO COUNTIES: Rates Fringes MARBLE. TERRAZZO & TILE FINISHERS: Edwards Air Force Base; and Naval Air weapons Station, China Lake Remainder of Inyo, Kern and Mono counties 16.78 3.15 13.78 3.15 ---------------------------------------------------------------- CARP0011C 06/01/1990 Rates Fringes LOS ANGELES, ORANGE, RIVERSIDE, SAN BERNARDINO, SAN LUIS OBISPO, SANTA BARBARA AND VENTURA COUNTIES: MARBLE AND TILE FINISHERS 19.21 6.32 ---------------------------------------------------------------- CARP0117A 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 ---------------------------------------------------------------- ELEC0011A 09/01/1992 LOS ANGELES COUNTY: Rates Fringes ELECTRICIANS: CA930002 - 7 ---------------------------------------------------------------- I I I I I I I I I I I I I I I I I I I 94 341 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 f 3% + 4.11 Hi + 8.44 Hi + 8.44 Hi + 8.44 3% + 8.44 Fringes Hi + 7.94 3% + 7.94 Hi + 7.94 ---------------------------------------------------------------- ELEC0011C 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 prinq.s BERNARDINO I ... Hi + 3.40 Hi + 3.40 Hi + 3.40 3' + 3.40. n + 2.75 I I I I I I I I I I I I I I I I I I I 94 341 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 I I I I I I II I I I I I I I I I I I I 94 341 ot $50,000 or lesS: 4 Electricians 24.30 3' + 6.40 Electricians, welding 24.80 H + 6.40 Cable splicers 25.80 J\ + 6.40 Remainder of Santa Barbara county: Electrical subcontracts over $50,000: Electricians 24.32 3' + 6.40 Electricians, welding 24.82 3' + 6.40 Cable splicers 25.82 3' + 6.40 Electrical subcontracts of $50,000 or less: Electricians 20.55 3' + 6.40 Electricians, welding 21.05 3' + 6.40 Cable splicers 22.05 3t + 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 27.57 29.27 4t + 6.30 ., + 6.30 21.79 4' + 6.30 Remainder of Santa Barbara county: Line teChnician; Equipment operator Cable splicer Ground person; Ground person/driver 23.82 25.32 ., + 6.30 4' + 6.30 18.04 4' + 6.30 ---------------------------------------------------------------- ELEC0428A 06/01/1992 KERN COUNTY: Rates FrinC).. ELECTRICIANS: Edwards Air Force Base and Naval Air Weapons Station, China Lake: Work on single family homes and apartments up to and CA930002 - 10 I I I I I I I I I I I I I I I I I I I 94 341 including 4 stories All other work: Electrician Cable splicer 14.00 4.25% +2.60 4.25% +5.15 4.25% +5.15 26.59 28.77 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 Rates Fringes KERN COUNTY: 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 4% + 5.15 4% + 5.15 4~ + 5.15 Remainder of Kern county: Ground person/Truck driver 1~.J8 Line technician: Heavy equipment operator 21.84 Cable splicer 24.02 4~ + 5.15 4% + 5.15 4% + 5. 15 ---------------------------------------------------------------- ELEC0440A 12/28/1992 Rates Fringes RIVERSIDE COUNTY: ELECTRICIANS: Work on single family homes and apartments up to and including 4 stories 14.50 3' + 2.91 All other work: Electricians Cable splicers Electricians. welding 22.83 23.33 23.13 Jt + 6.9~ 3' + 6.96 Jt + 6.96 ---------------------------------------------------------------- ELEC0440B 07/05/1992 CA930002 - 11 I I I I I I I I I I I I I I I I I I I 94 341 RIVERSIDE COUNTY: LINE CONSTRUCTION: Line technician Cable splicer Ground person Rates Fringes 4 22.46 22.96 16.85 4% + 6.61 4% + 6.61 4% + 6.61 ---------------------------------------------------------------- ELEC0441A 12/01/1992 oRANGE COUNTY: ELECTRICIANS AND LINE CONSTRUCTION: ELECTRICIANS: Work on single family homes arid apartments up to and including 4 stories All other work: Electricians Cable splicers LINE CONSTRUCTION: Line technician; Heavy equipment operator Cable splicer Ground person Rates Fringes 15.80 3' + 1.95 3t + 5.80 3' + 5.80 3' + 5.80 C n + 5.80 n + 5.80 25.50 26.67 25.50 26.67 21.79 ---------------------------------------------------------------- ELEC0477A 12/01/1992 Rates INYO, MONO AND SAN BERNARDINO COUNTIES: Fringes ELECTRICIANS: Work on single family homes and apartments up to and including 4 stories (San Bernardino County only) All other work: Area within 75 road miles from the Main Post Office in San Bernardino: Electrical contracts over $3,000.000: Electricians Cable splicers CA930002 - 12 14.50 3t + 2.85 22.34 22.84 3' + 8.04 3' + 8.04 \ ---------------------------------------------------------------- I I I I I I I I I I I I I I I I I I I 94 341 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 $3,000,000 and under: Electricians Cable splicers Electrician, welding Electrician, tunnel work ELEC0477B 12/01/1992 22.84 3\ + 8.04 24.57 H+ a.04 21.58 H + 8.04 22.08 3\ + 8.04 22.08 H + 8.04 23.74 H + 8.04 29. J4 H+ 8.04 29.84 H+ 8.04 29.84 3\'+ 8.04 32.27 3\ + 8.04 28.58 3\ + 8.04 29.08 3\ + 8.04 29.08 3\ + 8.04 31.44 3t + 8.04 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 $2,000,000: Line technician Cable splicer; Line technician, welding Ground person Subcontracts over $2,000,000: Line technician Cable splicer; Line technician, welding Ground person Remainder of area: Subcontracts under $2,000,000: CA930002 - 13 21.41 4\ + 8.00 4\ + 8.00 4\ + 8.00 4\ + 8.00 4\ + 8.00 4\ + 8.00 21..91 16.06 22.16 22.66 16.62 I I I I I I I I I I I I I I I I I I I 94 341 Line technician 28.41 4%+ 8.00 ( Cable splicer; Line technician, welding 28.91 4% + 8.00 Ground person 23.06 4% + 8.00 subcontracts over 52,000,000: Line technician 29.16 4% + 8.00 Cable splicer; Line technician, welding 29.66 4% + 8.00 Ground person 23.62 4% + 8.00 ---------------------------------------------------------------- ~LEC0569C 02/01/1993 Rates Fringes IMPERIAL COUNTY: LINE CONSTRUCTION: Commercial overhead line work; Catenary work: Line technician; Heavy equipment operator Ground person Ground person/truck driver 11.58 4' + 5.12 4' + 5.12 n + 5.12 { 4' + 5.12 4%+ 5.12 23.87 17.60 11.78 All other commercial underground line work: Line technician; Heavy equipment operator Ground person; Ground person/truck driver 16.27 -----------------------------~---------------------------------- ELEC0569D 02/01/1993 IMPERIAL COUNTY: Rates Fringes ELECTRICIANS: Work on single family hOllies and apartments up to and including 4 stories 14.31 n+ 2.57 Sound work: Sound technician 16.91 n+ 3.35 Telephone interconnect technician 13.52 3' + 3.35 Sound person B 11.84 3' + 2.76 Utility work: Utility technician #1 15.81 3' + 1.76 Utility technician #2 12.16 3' + 1.76 All other work: { Electrical subcontracts over CA930002 - 14 I I I I I I I I I I I I I I I I I I I 94 341 $500,000: Electricians 23.11 3% + 5.32 Cable splicers 23.56 3% + 5.32 Electrical subcontracts of $500,000 or less: Electricians 20.36 3% + 5.32 Cable splicers 20.81 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 instarlation 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. ---------------------------------------------------------------- ELEC06J9A 06/01/1992 SAN LUIS OBISPO COUNTY: Rates Fringes ELECTRICIANS: CA9J0002 - 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 I I I I I I I I I I I I I I I I I I I 94 341 H + 3.36 ( 23.25 H + 5.61 25.58 H + 5.61 24.41 H + 5.61 20.90 H + 5.61 22.99 H + 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 4t + 5.56 4' + 5.56 4' + 5.56 , Rates Fringes 25.40 27.94 H + 6.75 3' + 6.75 30.40 32.94 H + 6.75 3' + 6.75 Basing points: the main Post Office in the cities ot Camarilla, Oak View, Oxnard, Santa Paula and Ventura. ----------------------------------------------------------------. ELEC0952B 04/01/1993 VENTURA COUNTY: CA930002 - 16 Rates Fringes l I. I I I I I I I I I I I I I I I I I I 91\ '3H LINE CONSTRUCTION: Area within 32 road miles from the nearest basing point: Line technician: Heavy equipment operator Cable splicers Ground person Remainder of Ventura county: Line technician: Heavy equipment operator Cable splicer Ground person - truck driver 25.40 27.94 19.05 4% T 6.65 4% T 6.65 4\ T 6.65 30.40 32.94 24.05 4\ T 6.65 4\ + 6.65 4% T 6.65 Basing points: the main Post Office in the cities of camarillo, Oak view, Oxnard, Santa paula and Ventura. ---------------------------------------------------------------- ELEC1245A 06/01/1992 OUTSIDE UTILITY TRANSMISSION WORK: Line worker: Cable splicer powder worker Ground person Line worker, welding Rates Fringes 24.88 23.63 16.10 26.12 3.75' +6.00 3.75\ +6.00 3.75\ +6.00 3.75\ +6.00 Scooe 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 I I I I I I I I I I I I I I I I I I I 94 34t any low voltage control or lighting work which may properly belong to the inside branch of the electrical industry. Work covered shall include the grounding of all such structures; the stringing and installation of wires, cables and insulators or other electrical equipment suspended from such structures; also the handling and placing of transformers or O.C.B.'s and other related electrical equipment. 3) Street lighting systems owned, maintained and operated by electrical utility companies or agencies where such work properly comes under the outside jurisdiction shall be handled in the same manner as pole line construction. 4) Electrical underground construction work, where such work COmes under the jurisdiction of this scope of work, shall be covered as follows: the moving of employees, tools, or equipment; 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 Rates Fringes ELEVATOR CONSTRUCTORS: Elevator constructor mechanics Elevator constructor helpers Elevator constructor helpers (prob) 26.43 18.50 13.215 6.12 + a 6.12 + a Footnote a: Employer contributes 8\ of basic hourly rate for 5 years service and 6\ of basic hourly rate for 6 months to 5 years service, as vacation Pay Credit. Seven paid holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day and Christmas Day. ---------------------------------------------------------------- * ENGI0012F 01/04/1993 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 c - ~ { I I I I I I I I I I I I I I I I I I I . 94 341 Hydraulic suction dredges: Lever operator Deckmate: Watch engineer: welder Winch (stern winch on dredge) Bargehand; Deckhand: Firefighter: oiler: Leveehand Dozer 23.60 8.62 c 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 oBargehand: 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 t 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 draqtype 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 I I II I I I I I I I I I I I I I I I I 94 341 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-hammer-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 ~achine 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 includinq 0-5 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 equipme~ 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 CA9J0002 - 21 I I I I I I I I I I I I I I I I I I I 94 341 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 0-5 _ 100 flywheel h.p. and over, or similar - bulldozer, tamper, scraper and push trac~or single engine), tractor operator (boom attachments), traveling pipe wrapping, cleaning and bending machine operator, trenching machine operator 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 pugmill equipment) GROUP 8: Auto grader operator, automatic slip tora 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 tinishinq machine operator, mobile form traveler operator, motor patrol operator (~ulti-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 selt- loading scraper operator (paddle-wheel-auger type selt-loading - t~o (2) or more units) GROUP 9: Rubber-tired earth-moving equipment operator operating equipmen~ wi~h 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 SO 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, operating equipment with pUSh-pull system (single engine, over 50 yds. struck), rUbber-tired earth-moving equipment operator, CA930002 - 22 c ~ ( I I I I I I I I I I I I I I I I I I I 94 341 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 engin., 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) CA9J0002 - 23 I I I I I I I I I I I I I I I I I I I 94 341 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 ~~D 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, d"agline, clamshell operator (over 3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator 4 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: C"ane operator (uP to and including 25 ton capacity): Crawler t"ansporter 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 lnc1udlng 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 I I I I I I I I I I I I I I I I I I I 94 341 200 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, s~iff 17gs, GUY derrick or similar type (over 200 tons, up to and lncludlng 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 I I I I I I I I I I I I I I I I I I I 94 l' ~ and separate placing boom: concrete pump, large trailer type (large rock) f TRUCK cRANE OPERATOR GROUP 1: Truck crane oiler (25 tons & under) GROUP 2: Truck crane oiler (over 25 tons) GROUP 3: Heavy-duty repair person and/or welder GROUP 4: Truck crane operator (up to and including 25 tons) GROUP 5: Truck crane operator (over 25 tons capacity up to and .. including 80 tons mrc) GROUP 6: Mobile tower crane GROUP 7: Truck crane operator (over 80 tons mrc up to and including 200 tons mrc) GROUP 8: Truck crane operator (over 200 tons.mrc): Mobile tower crane (over 200 tons mrc) ---------------------------------------------------------------- IRONo061C 07/01/1992 VANDENBERG AIR FORCE BASE: Rates Fringes IRONWORKERS: Ornamental, reinforcing and structural Fence erector 23.68 22.79 11.37 11.37 ---------------------------------------------------------------- IRON0001F 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 ---------------------------------------------------------------- LAB00001B 09/01/1992 BRICK TENDERS Rates 16.86 Fringes 8.51 ---------------------------------------------------------------- LAB00002B 01/01/1992 KERN COUNTY: Rates Fringes . PLASTERER TENDERS: CA910002 - 26 , .. ~ I I I I I I I I I I I I I I I I I I I '94 341 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 ~ I I I I I I I I I I I I I I I I I I I 94 341 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 IrNin, 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. ---------------------------------------------------------------- LAS00002G 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 LABORERS: Rates Fringes , LABORERS: Group 1 Group 2 Group 3 Group 4 Group 5 16.61 8.51 17.01 8.51 17.21 8.51 18.26 8.51 18.46 8.51 19.52 9.51 19.64 9.51 19.80 9.51 20.08 9.51 TUNNEL LABORERS: Group 1 Group 2 Group 3 Group 4 Note: Tunnel Laborers receive $2.00 per hour additional tor 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 I I I I I I I I I I I I I I I I I I I 94 341 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 CONSTRUCTION CoNTRACT): Housemover . Yard maintenance person IS INCIDENTAL TO A 15.37 15.12 9.19 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:~n): 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 I I I I I I I I I I I I I I I I I I I 94 341 pipe and over, by any method, in~ide and out; Hydro seeder and similar type; Impact wrench multl-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 ot 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 J: 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 CA9J0002 - 30 ( 4 ( I. II I I I I I I I I I I I I I I I I I 94 341 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 COUNT~; ORANGE COUNT~ (CATALINA ISLAND: SAN CLEMENTE ISLAND; CITY OF SANTA ANA; AND REMAINDER OF ORANGE COUNT~ WITHIN 25 MILES BEYOND THE CIT~ LIMITS OF LOS ANGELES); SAN BERNARDINO COUNTY (NORTHERN PART OF CIT~ OF CHINO: AND CITIES OF MONTCLAIR AND ONTARIO): VENTURA COUNT~ (PORT HOENEME: PORT MUGU: CIT~ OF SANTA PAULA; AND REMAINDER OF VENTURA COUNT~ WITHIN 25 MILES BEYOND THE CIT~ LIMITS OF LOS ANGELES): SPRINKLER FITTERS 30.22 11.64 ---------------------------------------------------------------- PAIN0036A 01/01/1993 Rates Fringes :N~O AND KERN COUNTIES; LOS ANGELES COUNT~ (EXCEPT pOMONA AREA) ; MONO COUNT~; AND SAN BERNARDINO COUNT~ (WEST OF A LINE NORTH OF TRONO INCLUDING CHINA LAKE AREA, JOHANNESBURG, BORON, SOUTH . INCLUDING THE WRIGHTWOOD AREA): PAINTERS AND DRYWALL FINISHERS: CA930002 - 31 I I I I I I I I I I I I I I I I I I I 94 ::p 1 , 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 Laxe 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; Steeplej ack 18.68 I. I II I I I I I I I I I I I I I I I I 94 341 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 PAIN0052A 07/01/1992 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 Rates Fringes SAN LUIS OBISPO, SANTA BARBARA AND VENTURA COUNTIES: PAINTERS AND DRYWALL FINISHERS: DRYWALL FINISHERS CA930002 - 33 22.86 4.45 I I I I I I I I I I I I I I I I I I I 94 341 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 ( 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 c 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: PAINOl32A 07/01/1989 CA930002 - 34 Fringe. , I , I. I I I I I I I I I I I I I I I I I I 94 341 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/mixer 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 I I I I I I I I I I I I I I I I I I I 94 34-1 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 c GROUP J: 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; relocaces; installs permanently affixed roadside and parking delineation barricades; fencing, guard rail; cable anchor, retaining walls, reference signs, monument markers GROUP 5: TRAFFIC CONTROL PERSON: Sole function is to control and direct traffic through both conventional and moving lane enclosures ---------------------------------------------------------------- PAINl176B 04/01/1993 Rates Fringes IMPERIAL, KERN, LOS ANGELES, ORANGE, RIVERSIDE, SAN BERNARDINO, SAN LUIS OBISPO, SANTA BARBARA AND VENTURA COUNTIES: PARKING LOT STRIPING WORK AND/OR HIGHWAY MARKERS: ( Group 1 Group 2 Group J Group 4 Service person (maintenance and repair of equipment) (on jobsite only) 19.9:1 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 Vencura 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 ( CA930002 - 36 I I I I I I I I I I I I I I I I I I I 94 341 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 INYO, KERN AND MONO COUNTIES: Rates Fringes SOFT FLOOR LAYERS 18.22 5.97 ---------------------------------------------------------------- PAIN1247B 08/01/1992 Rates . Fringes LOS ANGELES. ORANGE, RIVERSIDE, SAN BERNARDINO, SAN LUIS OBISPO, SANTA BARBARA AND VENTURA COUNTIES: SOFT FLOOR LAYERS 23.30 6.49 ---------------------------------------------------------------- CA930002 - 37 I I I I I I I I I I I I I I I I I I I 94 341 PAIN1399B 08/01/1992 IMPERIAL COUNTY: Rates Fringes c 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 J 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 I I I I I I I I I I I I I I I I I I I I 94 341 Rates Fringes INYO, KERN AND MONO COUNTIES: PLASTERERS: Plasterers Nozzle operator 15.57 15.695 4.41 4.41 ---------------------------------------------------------------- PLAS0341B 08/07/1991 SANTA BARBARA COUNTY: Rates Fringes PLASTERERS 22.10 4.53 ---------------------------------------------------------------- PLAS0346B 05/01/1991 IMPERIAL COUNTY: Rates Fringes PLASTERERS: Work on single family homes and apartments up to and including 3 stories All other work 15.42 18-.42 5.29 5.29 ---------------------------------------------------------------- PLAS0775B 06/01/1982 Rates Fringes SAN LUIS OBISPO COUNTY: 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 I I. I I I I I I I I I I I I I I I I I 94 341 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 c LANDSCAPE FITTER; UNDERGROUND UTILITY WORKER 21.60 2.95 ---------------------------------------------------------------- Rates RIVERSIDE AND SAN BERNARDINO COUNTIES: PLUM0364A 02/01/1987 Fringes REFRIGERATION & AIR CONDITIONING 19.55 n + 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 <.. CA9J0002 - 40 I I I I I I I I I I I I I I I I I I I 94 341 ---------------------------------------------------------------- Remainder of Area 22.11 5.93 ROOF0027B 02/01/1993 INYO, KERN AND MONO COUNTIES: Rates Fringes ROOFERS 18.65 5.75 ---------------------------------------------------------------- RClOF0036A 09/01/1992 Rates Fringes LOS ANGELES, ORANGE, SAN LUIS OBISPO, SANTA BARBARA AND VENTURA COUNTIES: ROOFERS: Roofer Preparer (duties limited to the following: tear-off and/or remove any type of rOOfing or roofing material or spudding, or sweeping and/or clean-up, and/or preloading, or in preparing the roof for application of roofing, damp and/or waterproofing material) 20.02 6.635 15.30 1.00 ---------------------------------------------------------------- ROOF0045A 01/01/1991 Rates Fringes IMPERIAL COUNTY: ROOFERS 18.70 3.38 ---------------------------------------------------------------- ROOF0146A 09/01/1992 Fringes Rates RIVERSIDE AND SAN BERNARDINO COUNTIES: ROOFERS 18.78 7.50 ---------------------------------------------------------------- SHEE0102A 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 ANO THE ISLAND OF CATALINA): MONO, ORANGE, CA930002 - 41 I I I I I I I I I I I I I I I I I I I 94 q .... " " <.; t ~ 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 ---------------------------------------------------------------- SHEE010SA 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 STRAIGHT LINE DRAWN BETWEEN GORMAN AND BIG PINES, CALIFORNIA): ( I. I I' I I I I I I I I I I I I I I I I 94 341 SHEET METAL WORKERS: Residential/light commercial (6,000 sq. ft. or less) All other work 18.30 22.88 7.51 7.51 ---------------------------------------------------------------- SHEE0108B 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 Fringe. SAN LUIS OBISPO, SANTA BARBARA AND VENTURA COUNTIES: SHEET METAL WORKER 23.91 7.63 ---------------------------------------------------------------- SUCAI005A 12/13/1991 Fringes performing operation Rates WELDERS - receive rate prescribed for craft to which welding is incidental. ---------------------------------------------------------------- * TEAM0011A 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 I I I I I I I I I I I I I I I I I I I 94 .... lJ J 94 341 Group 1 Group 2 Group 3 Group 4 Group 5 Group 6 Group 7 Group 8 Group 9 Group 10 Group 11 10.46 10.46 10.46 10.46 10.46 10.46 10.46 10.46 10.46 10.46 10.46 20.39 20.54 20.67 20.86 20.80 20.92 21.17 21.42 21.62 21.92 22.42 c 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 10.46 10.46 10.46 10.46 10.46 10.46 10.46 10.46 10.46 10.46 10.46 18.39 18.54 18.67 18.86 18.80 18.92 19.17 19.42 19.62 19.92 20.42 t DEFINITION OF GROUPS: GROUP 1: Teamster GROUP 2: Driver of vehicle or combination of vehicles of 2 axles (includinq all vehicles less than 6 tons): Traffic control pilot car, excludinq movinq 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, le.s 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 workinq truck includinq winch, but limited to truck applicable to pipeline and utility work, where a composite crew is used: Slurry driver: Truck qreaser and tire worker (50 cents per hour additional for tire) GROUP 11: Water pull twin enqine: Water pull twin enqine with. attachments ( C.&.C\10002 - 44 I. I I I I II I I I I I I I I I I I I I 94 341 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 I I I I I I I I I I I I I I I I I I I 94 341 III E QUA L E M P L 0 Y MEN T REG U L A T ION S I I I I I I I I I I I I I I I I I I I 94 341 AFFIRMATIVE ACTION COMPLIANCE GUIDELINES FOR CONSTRUCTION AND NON-CONSTRUCTION CONTRACTORS' I I I I I I I I I I I I I I I I I I I ! 94 341 IMPLEMENTING ENTITIES AFFIRMATIVE ACTION COMPLIANCE GUIDELINES FOR CONSTRUCTION AND NON-CONSTRUCTION CONTRACTORS n.... Afflraaclv. Action Co." 1 lance Cuideline. hJivI been destined to provide the 1_1)11:1I."t1nl Enttty with lnfo~tlDn pertain1n, to thl contractor's work forcl. It is the intent of the.. auldel1ncl to inlure thlC .q~1 opportunity for .lIploY".nt IS practiced ~y tne contractor without uaard to rac., I.e, calor, SIX, reli~ion. ,ancestry, natlonal orl&ln, marttal st.~\l11 or handlcap. These guide11nes provide the .1ntm~ lnforcation necessary to prepare In Affirmative Action Plan tnat will cOllply with Federal r.culatlon. n ardlnc AfHrutlV' Action for federally ..sl.ud pr:Jeccl. In the event thllt the Affirmattve Action C~li.nce Proar.. of thl 1.plement1nl entlcy addr.'. these 1D1n1m~ luldel1ne., that pro&,. a.y be utilized. ContrJ,ccors Ir' urged to contact the Affircatlve Actlon Officer of the implementtnl entity for .ny necessary technical ,a.-ut.nc. 1n prepartnl their Affirmative Action Plan if they are con.1dlrtnl blddir.g under this contr.ct. C. Eaewpt 10n.: 'The followtnc persons I contracts Ca: defined by the implement1nl enttty' (Contract Coepllance Offlc.r) shall ~ &a..pt froa thl. prolram: 1. Sole Source 2. Emerc.ncy Requisitions 3. Contrlct. which h,ave been execute by che contr,actor prior to Cc:Obe 1, 197a. 4. Ch~rch.. Any contractor wo f..ls qu,alified fo an eJlelll>>tlon snould conUCt thl Contrac Compliance Officer for v.rlflcation. !. AFFIRMATIVE ACTION CQMP.IANCE PROCRAM A. The Afftnaative Action prolram embodies thl follo~\n& principals: 1. Discrimination bec,ause of race. color. ale, sex. relillon, ancestry, national orilin, marital scatus, or handicapped statuS 1s inconsistent with the constitution, t,avs, and policies of thl United St,aus. State of C..lHorn1. and County of San Bernardino. 2. In accordance With Executiv, Ordlr 11246, the Impl....ntlnC entity I. cOUlftitted to insurinl that th.re be no discn.lllination by vendor., contractor. (Includlnc profe..ional .ervlce.' and consultants). l.slor.. or 1...... dotnl busine.. with tn. ilIpl...ntinc entity. II. MEIlIOD FOR SAI1SFYUl(; AFFIIUlAIIVE ACTION PUll A. Afflraatlve Action Plan for CO~STRLC=:C contractor' CAlI be Dlt by on. 0' t~ followlnc ..tbad.: 1. Prior to belnc award.d tt contract, the contractor must hi\ both of the (ol1O\1tnl dccl.::en: approved by tne I.pl....nunc ena' Contract Coepllanct Offictr. B. Contractors required to fill aft Affinuciv. Action Plan. a. A .tat..nt of thl contrictor I AfUrutlvt Actlon Polle InclucllnC Hthod. of ncruitir minorltie. and we..n. If tt contr.ctor doel not haY' AfUraaUve AcUon Policy, el attacned mod.l policy lIay l adopted by th. contractor. ~. tile "Contract CompUance Quoli fylnc Report for Con.truec.c Contractor" <attached). 1. All contractor. wo are su_itttnl to the .~pl'lI.ntlnc entity a ~id or offer on a CONSTRUCTION cotmIAc:r tIId vIIo are do1ne busine.. in the .-aunt of 510,000 or .or. with the I.,l...ntinl entity In any on. fi.cal year or aaploy tan (10) or 1101" ..ploy..., nit hav. an approv.d Affl~tiYI Action Plan unll" exempt, prior to thl ~ard of such contract. 2. Evidenc. of a c'Urrlntly approvo Fadtral or StaU of Califom Afflraatlve Action Plan. 3. C.rttficac. of Annual pre~~a~ ficacion i.sued by the 1mpl~~ent\ entity Contrace C~pliance Officer. a. 'Io rec.iv. "Annual Preoql.O.l ficacioo" a contractor e'Ust: 2. All contractors and vendors who al'l submitting to the i.p1...ntinl entity a bid or offer on a hONCONSTRUCTIOIl CONTRACT 1n the amount of 510,000.00 or more, must have an approved Affirmativ. Action Plan unlesl Ixempt. prior to the award of such contraCt or bu.inl... Cooplato tho laplementlnc .nt; AfflraaUve Action "Contr< CompUance QuaUfylnc R'POI with ..,loyaont coals for I neat. three y..r.; and s'Ub.i t tbe Contract CotIpllanc. OHI. for approval an Affl...c 3. All subcontractors renderinl 'Irvlces or suppUe. to the contractor in thl UK)unt of 510,000 or IIOr.. ..t have a.n approv.d Afflrutlvo Action Plan ~le.. ex..pt. beforl the lubeontractor COlllllncel vork.. I I I I I I I I I I I I I I I I I I I 94 341 Action Policy Includlnl ..thod. of recr~ltln. .Lnoricie. &nd w~.n. the contr.ceor 1. required to lu~lt an AfflrNclve Action C",""Uanc. Plan .nnually for sublequlnt prequ.li- fietucn. I. Contr.ceor. dl.lrlnl to let II subcontractors ..Y receLve .nnual prequallflc.tion and be placed upon I list of annually prequI1LfLed sub- contractorS which w1ll be made av.il- able by the Contract Compliance Officlr to prime contraceors eo facilit.te their choice of subcontractors. Affirmative Action Pl.n For Non-Construction Contraceors can be Dlt II followa: C. Prior to 'oelnl awarded the contract, the contractor DUSt hive thl ''Contract Com"llanc. QuaUfyinl R."ort for Non"'Constructlon Contractors .nd Vendors" (att.lched). approved by thl implement!n, entity contrlct co.plllnce oHicer. In addition, the contractor or vendor may be requested to submit to the Contract COlnpl iance Officer ..dd1tional informatiOn concerninl the contractor's AffirmatlVe Action pol1~ies. Affirmative Action Plan for Subcontractors can be met as follows: 1. 1. Prior to a subcontractor startina work for .. contractor, the subcontraCtor must comply vith Part II, Section A above for construction subcontracts and Part II, S.ctlon I abov. for non-construction subcontract.. The contractor is responsible to enlure that all of hi. subcontractor. are in compli.il"ce. 2. Contractors an encouraaed to us. subcontrilctof. who have be.n a,proved for. annual pr.q~l1f1catlOll lif av.i1able) . II 1. :::URACION .1T1i IliE CO, 'TRACT COHPLIANCE CrrlCE A. The Contract rev i ev each a. submitted. Comp 1 i anCI Affi.....tiv. Offic.r vi II ActIon Prolr.. If the contractorl. Affirmative Aetion Plan is not .pproved by the Contract Compliance Officer, the Contract Complianc. Offic.r shall notify ch. contractor of che reason. for disapproval of the plan, and of thl i.1D91ementin& encity's requirementl for an acceptable plan. The contractor shall be .allowed ten (10) workinl day. 1n which to develop and submit a revised Aff1~tiYe Action Pl.an for review and approval by tbe Contract Compliance Officlr. .1. Ap1>&al Proc.dur.. 1. 4 contractor Who hal lub81tted . prolr.. which I. not a""rov.d by thl Contract Collpliancl Offlcer .'YO .I'peal that dltermination to the iml'lemlntinl entity's lllillltiv. body tnrouan th.ir Allminl.tutlv. Offic.r. All ap".al. .hall b. In writ1nl. stlned by the I'lrlon ipplal1na or that person's iuthorized rel'resent.t1ve and Sh~ll be filed with the Contr.act Com"lianc. Offlc.r within t.n (10) vorkinl day. .fter recllv1na notlce of diu""roval. .. Th. ap".al should .x"lain the re..son why the .cUon of the Contract Cae"llanc. Offic.r .hould not hive blln takln. Failure of thl contractor to appeal within ten (10) worklnl day. of notic. of dl.a""roval .nall sak. the action tak.n by the Contrlct COIl"llanc. O!fic.r final. c. On-Sitl vilitl ..y be conducted to verify the accuracy of thl contractorl s Affi....tlv. Actlon Itatllclcal data. In addition. contractor. vill bl required to annotate Intrle. on thlir payroll r.por:1 wlth the followlnl COd.11 A. lo'lllt. (not of 81."anlc orlI1n): All parson. havlnl orl11nl In any of :h. orl11nal 1>&opl.. of EuroF., ~rth Afrlca. the Mlddl. Ea.t, or the ladlan .ullcoaUnant. B. Ilack (not at 8111>&nlc orllin): All perlon. hevinl orll1n. In any of tha black raclal Irou".. C. 81."anlc: All 1>&rlon. of !lexica, Puerto Rlcan, Cuban. Clntral or South AlHrican t or othlr Span ish cul ture or orllin, relardlels of racI. D. Astan or Pacific Islanders: All person. hav1nl ortains 1n any of the Far E..t. Southwest Asl. or the 'acUic II1.nd.. This area includl', for ex..,ll. Olina. Ja"an. Koraa. the Phl11"pin. l.land. and S..... E. Marlcaa Ind1a1l or Ala.kan Nativ.: All parlon. havlnl orl11nl In any of the orl11nal peopl.. of Nortn Marlca. M. HALE EHPI.OYU F. FEI1ALE EHPLOYEE 8. IWIDIc.\ppm EltPLOYEE V. VIETNAH-ERA VETIRA/l II I I I I I I I I I I I I I I I I I I 94 341 tv. DEFtNlTIOllS tinll" I requires, deeined II proyiaion of cereli." vork. follOW: ochervl.. .11.11 be . contrlct and phr.se. A. "Afflnuclvl Action" 1. . co_1eHne tn lncrl..e thl nuaber of lDellber. of proteceed cllsse. 1n the work force by .ettlnl emplo\-ment lOlls .nd Cllr1lt.lblel, inclulUnl act10n proir~ms to achieve objectives through refor'll of thl .YIUI:l. AfU1"lft,ltlve Action seekS to enlur. thlt dilcrlmlnaclon Is ellmlnlted ln III delllncs Vltr. e.ployee, or Ippllclnt. for employment wIIetner tne discrimination il tncenttonal or unintentional. In addition, AffirmaUve Action seek. to 1.mprove job scandards and productivity throuah the relloval of artificial and unn,ces.lry barriers to ..ployment Ind promotion .nd enlUfl that .11 job .ction. are related to job perfonunce measurel. &. "Approved Prolr...u are chose Concrilct Compliance Office implementinl entity have compli.nce vith thi' prolram. willen of deelHd tna tne In Ce "Construction Contract" Mans a contt.Ct which call. for thl constroction, rehabilitation, alteration, conversion, eAten.slon, deJIolition or rep.ir of buildinl" hilhvays or other chanc.s or Lmprovemencs providinl utility services. De ttCont~actH .anl a purchase order, oUer and acceptance, has., alreoent or other .rrilnlement creatinl an obU.ation to ""ich the Implementinc entity to I p"rcy, whlch would make one of the parties within the definition a contractor. E. "Cont':"actor" lDean' .11 persons (!ncIud!nl leneral contractors .and prlH contractors) who provide, or offlr to provide to the lmplementinl entity, labor or service' of any kind or type pursuant CO a cor.ltruction contr.act with the County. F. "lmplementina jurisdiction contr.ct. Entity" ...Ins public who is administerinl the G. U!mployee" IIIlans one wtlo pertams work for compensacion, or . person who 1. permanently or rell'lnly aaployad by tba concr,ictor or subcontraccor. H. "Handic.ipped St.tus" lNans any persOft Wao: 1. Has. physical or mental i.pair-.ent wich substantially limits one or more of such person'. ..jor life activities. 2. Has. record of lueh impairment or, ]. I. lenerally rel.rded such .n 1.p.l~nt. .1 h.vinl t. '''Loc.l Lattor MartL.c" ...n. the enUn San lernardino. livlr.lde, Ontlrio la~r marklt. (Sundard Ilatropolltln StlUltlcll Arlll. J. "Minoriti.." ...ns lIerablr. of tile followinl r.clal or etnnlc croups: SI.ck (not of Hlsp.nlc orlcln); HlsplniC; Asian or '.cUie lsland.r; Mertcan Indian or Ala.kan nattve. K. ''Noncan.tructlon Contr.ct" me.ns Iny ccmCf.l:t 'tI1hich daIS not fall wtth1n r;he definition of "Conltruction Contracc". ''OfUcer'' ...n. the Contract CompliAnce Offlcer of the impl..antlnc entlty. "Per,onl" ...n. any individual, firm, co-plrtnerllllp, publlc .erolce, Joint ~enture, a..ociation, .oci.l club, fr.tern.l or,.nization, corpor.tion, e'tlCI, CTUlt rlcliver, .yndic.te city. county, .unictp.l corpor.tion. diltrict or oeber .polieic.l .ubdivilion, or any other .roup or c~bin.tion actin, al I unit. L. K. N. "Protected Cl.I." ..n. tho.. .roup. of lndlvidual, coyarad.or protacted ...in.t dl,crt&lnatlOft bJ tha v.rioUl Federal .nd S:ata c1vU riaht' law. a. now In exi.tence or .. .. hire. iter .-nd.d by Fad~r.i or State law. O. "Sol. Source" ...n. a contract in \/hic:h tha non-lmpl_ntlnc anUty party Is in . lIDlque poattlOft to fulfU 1 tIla lmpl_nUnl aDUtU'1 need.. II deterained bJ the Contract Compliance Officar, .ftar conoider.tion of practlcal altarnatlve. P. "Subcantractor" ...n. .ny person who alr.e. vi tb any contr.ctor' who h.s . contract vith tba lmpl...nelnc entity to furnish suppUe., ,GOd" or .ervices co .uch contr.ccor. Q. ''Cndll''Utlliz.tlon'' "In. hlvinl fewer .tnoritt., or ~ in a paretc:ular job cIa..Ute.tion than would r...oo.bl). be expected by thalr av.l1Ibillty. I. VleCftKaEra Vet.ran" ..an. a person ~o: 1. Saroad on .cruel d~ty for . period of more th.n 110 d.y., .ny plrc of W1ch OCc\ltr.CS betveen A\iIUJt S, 19'-, and Kay 7, 1975, .nd vas dischlrled or r.l....d there!rom wttb other than . d1shonorab.. dlscllulal or 2. W.. dl.cll.rlld or relaa.ed frea aceive duty for. s.rvice-connected dlslbl1lty if any p.rt of sucb active duty va. perfoflled between AUKu't 5, 19'-, .nd Kay 7, 1975. '''JaMn'' ..nl feule ...bet. of raci.l and etllnic minority and nOftllinorlty Iroup.. S. I 94 341 I I EQUAL OPPORTUNITY REQUIREMENTS I 1. Contractor agrees to fully comply vith the lavs and programs (incl~ding reg~lations iss~ed p~rs~ant thereto) vhich are listed folloving this paragraph. Such compliance is req~ired to the extent s~ch laws, programa and their reg~lations ar., by their own terms, applicable to this contract. Contractor varrants that he viii make himself thoro~ghly familiar vith the applicable provisions of said lavs, programs, and regulations prior to commencing performance of the contract. Copies of said lavs, programs, and regulations are available ~pon req~est from the implementing entity's Contract Compliance Officer. To the extent applicable, the provisions of said lawl, programs and reg~lations are deemed to be a part of this contract as if fully set forth herein. I I I I 2. Vietnam Era Veterans' Readj~stment Assistance Acts of 1972 and 1974, as amended. P~b. L. 92-540, Titl. V, Sec. 503 (a), Publ. L. 93-508, Title IV. Sec. 402 [38 USCA 201l-20l3J. I 3. Rehabilitation Act of 1973, as amended (Handicapped) Pub. L. 93-112 as amended. [29 USCA 701-794). I 4. California Fair Employment Practic. Act. Labor Code Secs. 1410 et seq. I 5. Civil Rights Act of 1964, as amended (42 USCA 2000a to 20008-6) and Executive Order No. 11246, September 24, 1965, as amended. I 6. The Contractor will include the provisions of Equal Employ.ent Opport~nity (EEO) - Executive Order (EO) 11246 as amended by EO 11375 in every subcontract or p~rchase order ~nless exempted by r~les, reg~lationl or orders of the Secretary of Labor iss~ed pvrs~ant to Section 204 of Executive Order 11246 of September 24, 1985. as amended so thae s~ch provisions will be bindinl upon each subcontractor or vendor. The Contractor will take s~ch action with respect to any subcontract or p~rchase order as the contracting alency .ay direct as a means of enforcing svch provisiona, includinl sanctions for noncompliance. Provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a s~bcontractor or vender as a res~lt of s~ch direction by the contracting agency, the Contractor .ay req~est the United States to enter into s~ch litigation to protect the interests of the United States. I I I I I The applicant f~rther alrees that it will be bound by the above equal opport~nity cla~se with respect to its own employment practices when it participates in federally assisted constrvction work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clavse is not applicable to any agency, instrumentality or subdivision of such government which does not participate in vork on or under the contract. I I ~ I 94 341 I EQUAL OPPORTUNITY REQUIREMENTS Page 2 of 2 6. (Cont'd) I I The applicant acrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and s~bcontractors with the eq~al opport~nity cla~se and the r~le., reg~lations, 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 s~bcontractors with the eq~al opportunity cla~se and the r~les, regulations, and relevant orders of the Secretary of Labor, that it will f~rnish the administering agency and the Secretary of labor s~ch information as they may require for the a~pervision of s~ch compliance, and that it will otherwise assist the administerinc acency in the discharge of the agency's primary responsibility for securing compliance. I I I I The applicant further agrees that it will refrain frea entering into any contrace 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 contracta pursvant to the Executive Order and will carry o~t such sanctions and penalties for violation of the eq~al opportunity cla~se as may be imposed upon contractors and subcontractors by the adminiseering agency or the Secretary of Labor purs~ant to Part 11, 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 .11 of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, gvarantee), refrain from extending any further assistance to the applicant ~nder the program with respect to which the failure or ref~nd occ~rred until satisfactory ass~rances of fue~re compliance has been received frea svch applicant, and refer the Case to the Department of J~stice for appropriate legal proceedings. I I I I I In addition to the above, Contractor will furnish all information and reports req~ired by Exec~tiYe Order No. 11246 of September 24, 1965, as amended to the implementing entiey's Contract Compliance Office. I I I I I I I I I I I I 94 341 AFFIRMATIVE ACTION rOR DISABLED VETERANS AND VETERANS or THE VIETNAM ERA Thi. clause ia inserted p~rs~ant to Execvtive Order 11701 of Jan~ary 24, 1973 and the Vietnam Era Veterans Readjustment Assistance Act. of 1972 and 1974 (P.L. 92-540, 93-508), and is applicable pvr.uant to 41 CFR Sec. 60-250. I I I I I I I I I I (1) The Contractor will not discriminate against any employee or applicant for employment beca~se he or .he i. a disabled veteran or veteran of the Vietnam Era in regard to any position for which the employee or applicant for employment i. qualified. The Contractor agree. to take affirmative action to employ, advance in employment and otherwi.e treat q~alified disabled veterans and veterans of the Vietnam Era without discrimination hased ~pon their disability or veterans .tat~s in all employment practice. auch as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of payor other forms of compenaation, and .election for training, includinl apprenticeship. (2) The Contractor agrees that all svitable employment openinls of the Contractor which exist at the time of the execvtion of this contract and thoae which occur during the performance of thls contract, including those not generated by thil contract and lnclvdlnl those occurring at an establishment of the Contractoroth.r than the one wherein the contract is beinl performed bvt exclvdlnl those of independent operated corporate afflliates, shall be listed at an appropriate local office of the State e.ployment servlce syste. wherein the opening occvrs. The Contractor fvrther alrees to provide svch reports to such local office regardinl e.ploy.ent openings and hires al may be req~ired. (3) Listing of employ.ent openingl with the e.ploy.ent service system p~rluant to this clause ahall be made at least concvrrently with the ~se of any other recr~it..nt sovrce or effort and shall involve the normal obligationa which attach to the placinl of a bona flde job order, incl~dinc the acceptance of referrals of veterans and nonveterans. The Iistinl of e.ploy.ent openlnC1 does not reqvire the hirinc of any particvlar job applicant or fro. any particvlar gro~p of job applicants, and nothinC herein i. intended to relieve the Contractor from any requirements in Execvtive Orders or recvlations recardinc nondilcrimination in e.ploy.ent. I I I (4) The reports required by paragraph (2) of this clavse shall include, b~t not be limited to, periodic reports which sh.ll b. filed at leaat q~arterly with the appropriat.e local office or, where the Contractor has more than One hirinl location in a State, with the central office of that State e.ployment service. Svch reports shall indicate for each hirinl locatlon, :a) the number of individvala hired dvring the reportinc period, (b) the nvmber of nondisabled veterana of the Vieenam Era hired, (c) the nvmber of disabled veterans of the Vietnam Era hired, and (d) the total n~.ber of dlsabl~d veterana hired. The reports shall include covered veterans hired for I I I ...-...- 94 341 AFFIRMATIVE ACTION FOR DISABLED VETERANS Page 2 of 3 I (4) (Cont'd) I I I I I on-the- job training under 38 USC Sec. 1787. The Contractor Ihall s~bmit a report within thirty (30) daYI after the end of each reporting period wherein any performance il .ade on this contract identifying data for each hiring location. The Contractor Ihall maintain at each hiring location, copies of the reports lubmi~ted ~ntil the expiration of one ye.r after final payment under the contract, during which time these reports and related docv..ntation shall be made available, ~pon req~est, for examination by any a~thorized reprelentativel of the contractinl officer Or of the Secretary of Labor. Doeument.tion wovld include personnel records relpectinl job openingl, recruitment and p1ace..nt. I (5) Whenever the Contractor become. contractva11y bo~nd to the lilting provilions of thil clavse, it shall advise the e.p10yment service sYltem in each State where it has establishments of the name and location of each hirinl location in the State. As 10nl as the Contractor is contract~a11y bovnd to the.e provi.ions and has so advised the State Iystem, there is no need to advi.e the State system of subaequent contracts. The Contractor ..y advi.e the State system when it is no longer bound by this contr.ct clavse. I I I I I I (6) This c1a~se does not apply to the 1istinl of employment Openinll which occur and are filled ovtside of the 50 Stat.., the District of Col~mbia, Puerto Rico, Gvam and the Virgin Island.. (7) The provisions of paralraph. (2), (3), (4) and (5) of this clavse do not apply to openinls which the Contractor propo.e. to fill fro. within his own orlanization or to fill pvrluant to a cv.toaary and traditional employer - vnion hirinl arranl...nt. Thi. exclusion does not apply to a particvlar opening once an employer decide. to conlider applicants outside of his own orlanization or employer - union arranle..nt for that openinl. (8) As used in this clau.e: I I I (a) "All suitable employment openinll" includes, but is not limited to, openinll which occvr in the fo11owinl job catelori.l: prod~ction and nonprodvction; plant and office; laborers and ..chanics; a~pervisory and nonsvpervisorYI technical; .nd executive, administrative and professional openinl. as are compensated on a salary ba.i. of less than $25,000 per year. This term inc1~des fvl1-time employment, temporary e.ployment of .ore than three (3) days duration, and part-ti.. e.ployment. It does not inc1vde openinls which the Contractor proposes to fill from within his own orlanization or to fill pursuant to a customary and traditional employer - union hirinl arranlement nor openings in an educational institvtion which are restricted to Itvdentl of that institvtion. Onder the most coapellinl circvmstances an employment openinl may not be svitable for listing, inclvdinl svch sitvations where the needs of Government cannot realonably be otherwise s~pplied, where listinl wovld be contrary to national security, or where the reqvir...nt of listinl would otherwise not be for the belt inter.lt ~f the Covernment. I II 94 341 AFFIRMATIVE ACTION FOR DISABLED VETERANS Paga 3 of 3 I (8) (Cont'd) I I (b) "Appropriate office of the State employment lerviee .ystem" meana the local office of the Federal - State national Iy"tes of publiC employment officea with a.aigned re.ponaibility for lerving the area where the employment opening i. to be filled, incl~ding the Diltrict of Col~mbia, G~am, P~erto Rico and the Virgin Island.. (c) "Openingl which the Contractor propo.e. to fill fra within hll own organization" meanl employment opening. for which no con.ideration will be given to'per.on. out.ide the Contractor'. organization (including any affiliat.., .vb.idiarie. and the parent companiea) and includes any opening. which the Contractor propol" to fill from regularly ..tabU.hed "recall" lht.. (d) "Openings which the Contractor propo." to fill pvravant to a . c~ltomary and traditional employar - vnion hiring arrangement" .ean. employment opening. which the Contractor propo.e. to fill from union hall., which i. part of the cv.tomary and traditional hiring relationship which .xi.t. between the Contractor and representatives of his employee.. I I I I I (9) Tha Contractor agree. to comply with the rul.., r.gulation. and relevant order. of the Secretary of Labor i..ved pur.vant to the Act. I (10) In the event of the Contractor'. noncomplianc. with the r.quir.ment. of this clau.., action. for noncompliance ..y b. tak.n in accordanca with the rul.., r.gulation. and rel.vant ord.r. of the S.cr.tary of Labor i..~ed pvr.uant to the Act. I I I (11) The Contractor agr... to pe.t io con.picuov. plac.., available to employe.. and applicant. for employment, notic.. in a fo.. to b. pre.cribed by the Dir.ctor, provid.d by or throuah the contracting officer. S~ch notic.. .hall at ate the Contractor'. obligation vnder the law to take affirmative action to ..ploy and advanc. in employment qualifi.d di.abl.d v.teran. and v.t.ran. of th. Vi.tna. Era for employment, and the right. of applicant. and .mploy.... I I (12) Th. Contractor will notify each labor vnion or r.pr...ntativ. of worker. with which it ha. a coll.ctiv. bargaining agreement or oth.r contract understanding, that the Contractor i. bovnd by the term. of the Vietnam Era Veteran.' Readju.tment A..i.tanc. Act, and i. committed to take affirmative action to employ and advanc. in e.ployment qualified disabled veteran. and veteran. of the Vi.tn.. Era. I I (13) The Contractor will includ. the provi.ion. of this clav.. io .v.ry s~bcontract or pvrcha.e ord.r of $10,000 or more vnl... exe.pted by rule., regulation. or order. of the S.cr.tary i..v.. pvr.uant to the Act, .0 that s~eh provi.ion. will be bindiog vpon .ach .ubcontractor or vendor. The Contractor will take .vch action with r..pect to any subcontract or pvrcha.e order a. the Dir.ctor of the Offic. of Federal Contract COlIIplianc. Program. may direct to .nforc. .vch provi.ion., incl~ding action for noncOlllplianc.. I I 94 341 I I AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS I I I This clau.. ia inaerted p~rs~.nt to the Reh.bilit.tion Act of 1973 (P.L. 93-112) and 41 eFR Sec. 60-741-4. I (1) The Contractor will not discrimin.te .gainat any employee or applicant for employment bec.u.e of phy.ic.l or mental handicap in regard to any position for which the employee or applicant for employment is q~alified. The Contractor agree. to t.ke affirmative action to employ, adv.nce in employment and otherwise tre.t qualified handicapped individual. without discrimin.tion based ~pon their physical or mental h.ndicap in all employment practices s~ch a. the followinl' employment, upgrading, desotion or transfer, recruitment, adverti.inl, layoff or termin.tion. r.tes of payor otheT form. of compen.ation, and seleceion for traininl, includinl apprentice.hip. I (2) The Contractor agrees to comply with the rvl.., regul.tion. and relevant orders of the. Secree.ry of Labor i.sv.d pvr.uant to the Act. I (3) In the event of the Contractor'a noncomplianc. with the r.qvire- ments of this clau.e, action. for noncompli.nc. aay b. tak.n in accordance with the rules, r.lvlation. and re1.vant ord.r. of the Secret.ry of Labor i..ued pvr.v.nt to the Act. I (4) The Contractor agree. to po.t in con.picvov. pl.c.., .vailabl. to employees and .pplicant. for employment. notic.. in a fora to b. prescrib.d by the Director, provid.d by or throvlh the contractinl officer. S~ch notice. shall .t.t. the Contractor'. oblilation und.r the law to take affirmative action to employ and advanc. in ..ploym.nt qualified handic.pped employ.e. and applicant. for e.ployment, and the rights of applicant. and employ.... I I I I I (5) The Contractor will notify .ach labor union or r.pr...ntativ. of workers with which it h.. a coll.ctive barlaininl .Ir....nt or other contr.ct und.r.tandinl, that the Contractor i. bovnd by the t.rm. of Section 503 of the Reh.bilitation Act of 1973, and i. committ.d to take affirmative action to employ and advanc. in ..ploym.nt phy.ically and ..ntally handicapped individual.. I (6) Th. Contractor will includ. the provi.ion. of this clav.. in .v.ry subcontract or p~rcha.. order of $2,500.00 or .or. unl... .x.mpt.d by rvle., reg~lations or order. of the Secr.tary i..u.d pur.vant to Section ?03 of the Act, .0 th.t .uch provi.ion. will b. bindinl upon each S~bcontractor or vendor. Th. Contractor will take .vch .ction with respect to any s~bcontract or purch..e ord.r .. the Dir.ctor of the Office of Federal Contract Complianc. Prolram. may dir.ct to enforce s~ch provi.ion., includinl action for noncompli.nc.. I I I I I I I I I I I I I I I I I I I I I I 94 341 IV BONDING AND INSURANCE REQUIREMENTS (Contained in Section 1 - "DOc~lDents") I I I I I I I I I I I I I I I I I I I 94 3~1. y suP P L E ME" TAL & E " E R-A LeO" D I T ION S ,- I I I I I I I I I I I I I I I I I I I 94 341 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 I 2 3 4 5 6 7 B 9 10 11 I I I I I I I I I I I I I I I I I I I 94 341 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 9157 1 UPGRADE SPORTS LIGHTING AND SECURITY LIGHTING FOR EN CANTO PARK B. Specifications Ti tle Bidding Requirements and Contract Forms General Conditions- Supplemental General Conditions Detail Drawings and Sections C. Addenda No.1 Date: No.2 Date: No. 3 Date: No. 4 Date: II I I I I I I I I I I I I I I I I I I ~4 ARTICLE 3: 341 STATED ALLOWANCES NONE ARTICLE 4: SPECIAL HAZARDS ARTICLE 5: UNKNOWN CONTRACTOR'S AND SUBCONTRACTOR'S PUBLIC LIABILITY, VEHICLE LIABILITY, AND PROPERTY DAMAGE INSURANCE A. The Contractor's attention is directed to Section 7-3, "Liability Insurance", of the Standard Specifications, providing that the Contractor shall furnish the City with a policy or certificate of liability insurance as prescribed therein, prior to execution of the contract. Following is the required minimum limits of insurance: Bodily Injury..............$2500,000 each person $500,000 each occurrence $500,000 aggregate products and completed operations Property Damage............$100,000 each occurrence $250,000 aggregate A combined single-l imit policy with aggregate limits in the amount of $1,000,000.00 will be considered equivalent to the required minimum limits. B. The Contractor shall either (1) require each of his subcontractors to procure and to maintain during the life of his subcontractor, Subcontractor's Public Liability and Property D~mage of the type and in the same amounts as specified 1n the preceding paragraph, or (2) insure the activities of his subcontractor in his own policy. WORKMEN'S COMPENSATION INSURANCE -- The Contractor's attention is directed to Section 7-4, "Workmen's Compensation Insurance", of the Standard Specifications, providing that the Contractor shall file a signed certification Certificate of Worker's Compensation Insurance before execution of the contract. I I I I I I I I I I I I I I I I I I I 94 ARTICLE 6: 341 BUILDER'S RISK INSURANCE (FIRE AND EXTENDED COVERAGE) The Contractor shall secure and maintain in force a Builder I s Risk Insurance Policy in the amount of the contract price of all buildings that are included in the contract award during the life of this contract. A copy of the Builder's Risk Insurance shall be furnished to the City of the Contractor. The Contractor will provide Builder I s Risk "All Risk" Insurance, in an amount not less than the contract award amount, naming the City and the consultant as additional insureds. ARTICLE 7: SCHEDULE OF PERMIT FEES The General Contractor shall procure and pay for the Building Plan Check and Building Permit. The Contractor shall include an allowance of in his bid to cover the Plan Check and Building Permit Fee, which includes the permits for electrical, plumbing, and heating and air conditioning. Following is a breakdown of the Permit Fees. Street Cut Fees ( Sewer, electric, gas)...............$ Plan Check............................................ $ Building Permit....................................... $ Electric/Plumbing/H.V. & A.C..........................$ Storm Drain...........................................$ Sewer Capaci t y . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ Sewer Connection...................................... $ Strong Motion.........................................$ The Contractor shall obtain a City Business Registration prior to execution of the Contract. 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 California. ARTICLE 9: COPIES OF DOCUMENTS FURNISHED THE CONTRACTOR The Owner will furnish to the Contractor as a free issue in addition to the signed contract set and as-built set, sufficient sets of the drawings and Specifications forming a part of the Contract Documents, and three (3) copies of such supplementary detail drawings as may be subsequently issued. I I I 94 341 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 costs involved in such disposal shall be absorbed by the contract lump sum payment and no additional compensation will be allowed therefor. I I I I I I I I I I I I I I I I 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 Comptroller General of the Untied States, or any duly authorized representatives. I I I I I I I I I I I I I I I I I I I 04 341 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 ~ T I u.s. DepartMDt ot DO,",w.&... _~~ ......''''.1.1 UreveJ.Os-ellt Offic. of lnapector Ceneral I S t A I D A IDS o .. COIDOCt I 94 341 C D B C I I C I P I I II t S I I I T I 0 DOC t I 0 I I Elected officials. employees of Community Developsent Block Grant recipients and contractors are those responsible for administering the entitlement program and are also responsible for the programs integrity. Following sound b~siness practices, prescribed standards of conduct and HUD requiresents will not only protect HUD grant funds but also those who administer the program. I I P U I P 0 S I I This notice provides information on specific activities that yo~ mvst avoid and identifies key HUD req~irements that m~st be set. The prohibited activities listed here reflect problem areas that have gotten block grant recipients into trouble in the past. The p~rpose of this flyer is to prevent fra~d and program ab~se by alerting key officials to these probles. ahead of time. I AUt B 0 I I T I I S I The pertinent laws and regulations that apply to the CDIG Intitlement program that you ahould have copies of are, I * Ho~sing and Comm~nity Development Act of 1974 a. a..nded in 1983. * Comm~nity Development Block Grant Regvlations (24CFR Part 570). I If you do not have copies of these reqviresents or need fvrther information, contact your local HOD office. I PIOGIAM IIQVIIIMIBTS ACT I V I T I I S A B D P 10. I I I T I D 1. Conflict of Interest I CDBG Regutations (24CFR. Part 570.611) prohibit conflicts of interest. For any CDBG activities ~nder your control or influence you Kay Not: I a. Obtain personal or financial interest or benefits incl~ding money, favors, grat~ities. entertainment or anything of val~e that sieht be interpreted as conflict of interest. I b. Obtain a direct or indirect interest in any contract. subcontract or agreement for any CDBG activity. This prohibition extends to contraces in which yo~r .pouse, minor child. dependent or bvsiness a.sociate may have personal or financial interest. This prohibition extends for a period of one year after yo~ leave your position with a CDIG activity or program. I I I -1- I 94 I I I I I I I I I I I I I I I I I I 1~ 341 STANDARDS Page 2 of 1~' OF CONDUCT 3 c. HOD ..y grant an exception to this conflict of interest provilion if ie determines that a~ch an exception will enhance the effectiveness of the COIC project. Requeata for such exceptione mult be made in writing to the local HOD office. 2. Procure.ent end Contracting OMI Circ~lar A-102, Uniform Requirements for Asaistance to State and Local Covernments, Attachment O. applies to the CDIC program. It provides that yo~ May Not engage in any of the following practicel in your proc~rement and contract administration: a. Circumvent competitive bidding req~irements by: * failing to advereile for lea led bidl 'or solicitina proposals and engaging in noncompetitive negotiation; * failing to ule established evaluation criteria in negotiationl; . * splitting bids by breaking down contracts into s..ll parts s~ that p~rchase order proced~rea can be used except to meet Minority/Women lusinels Enterprise goals; * favoring or providing a competitive advantage to anyone firm or individual; * identifying the names of those invited to bid; .nd * preparing fictitio~s bids to simulate competition. b. Fail to adhere to contract award requirements by. * allowing excessive price charges; * awarding contracts to other than the low bidder withovt adequate j~stification; and * accepting a bid that doel not contain a price for all ite.s or servicel included in the Invitation to lid fo~. c. Fail to verify contractval and programmatic coapliance by contractors by: * a~ehorizing payment for work not completed; * fallifying inspection reports; * altering contractor invoices; and * misusing modific.tion or change orders. CDIC regulations state that yov Must Not: Use firml and individ~als on RUD's Consolidated List of Deb.rred, S~spended and ~neligible Contractora and Crantees. 3. Pinancial Kanag...nt aDd "cordinl Systeas Yo~ M~at comply with the following reqvirements of OKB Circular A-102. Attachments C, C, and CDIC regulationa. You Must: a. Establish internal controls to safeguard cash, inventory and eq~ipment. f.. 9 4 341 I STANDARDS OF CONDUCT Pale 3 of 3 I b. E.tabliah a special ledger account for all CDIC monies. I c. Maineain financial recorda incl~ding: I I * . register of cash receipts and di.b~rsements; * a record of all nonca.h transaction.; * general ledger to show the stat~S of each CDIC account; * a fixed account ledger, and * a record of l~mp-.~m drawdowns. Treasury checks received and balancea of Federal f~nds. I d. Ens~re that yo~ maintain financial recorda. Financial records and files must be maintained for three years. e. Use income generated from grant activities for other eligible activitie.. f. Use rrogram income before drawing additional grant funds to pay for allowable program expen.es. Yo~ Mu.t Noe draW down sore funds than are needed for ,our CDIC activitie. and those of .~bgrantees. I I 4. Coat Allowabilit, You M~st comply with OMI Circ~lar A-8?, Coat Princip1ea for State and Local CovernmentS. You May Not spend CDIC funds on ineligible activities incl~ding: a. Expenses required to carry out the regv1ar responsibilities of the general local government. b. Partisan political activities (e.g., contribvtions toward political campaigna, voter relistration or candidate forvms). I I I I CDIC regulations .tate that you Mu.t Not: Use CDIC fund. to aaaiat buildings used for the genere1 conduct of government (e.g., city hall., county administration buildings. etc.). I 5. Proar.. MoDitorta& I OMl Circular A-I02, Attachment I, statea that you Must constantly monitor the performance of grant-supported activieiea to assure that ti.. schedules are being met, projected work vnits by time periods are bein& accomplished, and other performance goals are beina achieved. I HUD s~ggests that yo~: I a. Keep records of your on-site visits to a~bgrantees and contractors. I b. Place special emphasia on yovr monitoring of the hi&hest rilk s~brecipient. and contractors. I If you have a question about a specific litvation ..._.__ ..".. 1neal !IUD Office. November 1. 1985 BOND NO. 147 31 31 PREMIUM, 2,869.00 FORM OF PERFORM~NCE BOND Prellll.UlI1a :or the Contract term and 18 subject to adjustment based on tinal Contract price. I I I 1 1 9~ ~N~~ ALL MEN BY THESE PRESENTS: That we Electro Construction Corp. a California Corporation herelnafter called "Pnnclpal" andFfrwen's In(Urance Company State of NJ her e i n ~ t l'u. lea tl e d the "S u r e t y". are held and flrmly oound unto City of San Bernardino o f City of. San Bernardino , t),! !;e.l.1lA .t-er ca ed wner in the pena 1 sum of ~TIMDRltBu ~~N~?N5~t ~~~EN6 28~~WJ,;>*'f1iQ Doll ars (S 199,221.00********) in aw u money 0 theSe Unlted tates. for the payment of WhlCh 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 OBLIGATION is such that Whereas. the Principal entered into a certain contract with the owner. dated the day of . 19 ,a copy of whi ch is hereto a ttached and made a part hereof f"Or the constructi on of: Upgrade Sports Lighting and Security Lighting for Encanto Park .1 ~J I I ] I ~ ". NOW. THEREFORE. if the Princtpal shall well. 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. with or without notice to the Surety. and if he shall satisfy all claims and demands incurred under such contract. and shall 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 wor~ 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 94 341 ~ ~ ~ ~ c ~ en ~ Q ~ E e ii: 0:: " ~ ~- 0 u l= ~ .... 0 " < :z ,~ ~ "0 u % H g " '" ~~ :> ~~ tj "0 " on Ul Q ~ ~ ~ 0:: :z~ N ill I!;? r G ~ -> ~ "5 >- .....~ 0: I'" o:l :z" '" It z UJ~ s 11:<: 5'l-1 . z 0 v:>~ ~ c II" :E ~u.J __ _0 ""0 " 15 U)~>-~Z 0:_ ~ -...Jf-c o..!:2 "".... c II~ (fa:ww<: wz . ....::00:: 0:0 1 9 uOo WWZUJO iC ~ ~ II~ >--0.. 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'" r-l '" - ~'iii c> ro >. 0 Q) " 8 <( ~ ~ " g~ o Q) 0 ..c ..c :5"'-::'..--. E I Z "'6 Ol Q) ui < -.c---_~.e II) 0 '" .c ~ (3 ~ z u-u J~cc U) ~ Q) n.. 5 < z- Q) Q)~ E 00 Q.) >= c. "'6 " s 0 Cl. ib 12 ~.c.;:: ~~5 0 ~ ~ ~ " ~ , , ~o()o. 10)0>3: ." Q) I: ~ 0._ l/) _ a... a. . 0 .n Q; ~ 0 0 ~ E c ~ 0; Ol < ci ...00:(/)(\1... D ~ u E . . "0 i= z ii5 5 . =. " i3 tJ) :(1') ~:E: ;;; in Q) 0: Q % 0 ~ 0 eu.J en 0::>- .. " 1< ....J - 0__. 00 03 r;sl :3: ~ ::;~::: ~ " to; ..,;::>, -<=> CD ~8 s- o !;1 <11 <.J :CCcn~t3:: .Q ~ ~J Q) ;; ,:.: " "M .-i I E :r..a..i ~ =:i;:j.~: E ~ S g, . co t!:I C. " Of-I 9 :--I:IE ~~LZ: :s wWZ(? 0; <B ~ Iw- 00 u c :~:E >-cn E: ::; 0 ~O:;;O: " 'M N Q) ;: .<co~gE. < ~ ~;:;::l~ '" r-l '" G :en 0 :u U b 8: w l- II (3 l H ~ c '" ;; lJ..f-Oo 0 Q) . a:..... ;: OJ C. oX :~: a: f=<(Ow 1 c. ~ ;; O::u.JOm <1l . . < lii . . 0 WlDw- I '0 ~ c . . z Of-I(3 ~ 70 0 . '. z "'6 >- ~ U) : .C : 0 (/)(I)t-(I) :6 C c Cl :c::low ~ 0> 0 . . ;:: f-:;;f-O " rn ~ U) c. . . z e 0 c Q; X . . UJ ~ Vi 0 0 c. u ... CXt:cIxro.l... ~ l= " Q - g IN WITNESS WHEREOF. counterparts, each one the 22nd day of this instrui':1ent is executed' in six (6) of which shall be deemed an original. this' November 19.2L- I I I I j ) 1 I ] r ]. I 1 I 94 34.t 94 141 ~~~ ( nnClpa ---- (S EA L) Treasurer ( tlV1 .)fItness' as t:-i,nclpal 3021 Rowena Avenue Los Angeles, CA 90039 (Address) ATTEST: (Surety) Secretary ( SEAL) 1100 Centro South Pasadena, CA 91030 (Ad.dress ) Electro Construction Corp. . ?nnclpal By ~ \R,~. 302 Rowena Ave. Los Angeles, CA 90039 (Address) Firemen's Insurance Company of Newark, NJ Surety .."" By orney- ~ HUNSINGER P.O. Box 2263 Brea, CA 92622 Address , . NOTE: Oate of Bond must not be prior to date of Contract. I~ J ] 94 3 1.' CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT No.~7 State of County of CALIFORNIA LOS ANGELES On November 22, 1994 before me, Linda Marks, Notary Public DATE NAME. nTlE Of OffICER - EG.. "JANE DOe. NOTARY PUBLIC" < personally aDo, eared \, " JOHN D. HUNSINGER NAMEl51 GF Slu~.ERiS) \ Y-personally known to me - OR - D 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 ac- knowledged to me that he/sheltney executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the persen(s), or the entity upon behalf of which the person(s) acted, executed the instrument. .~e*..e.o~~~..............o....... : /7>, WW~, Mi\RKS : ~ /~:';~~~.,ft':~> :~~ OM r'.'1 , J:] ;', ::;i 2:; q ~ \"C/"}1:~:;~"i fiulrir(Y r,~;1' -;" 'e : '~l,r>/ L~', c~;~~t~:~I~~: (U -, ..........O.*~.~...~.~~.~~e~~~0~~. ~ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment 01 this loon. CAPACITY CLAIMED BY SIGNER D INDIVIDUAL D CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT TI1tE(S) TITLE OR TYPE OF DOCUMENT D PARTNER(S) D UMITED D GENERAL D ATTORNEY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR D OTHER: NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(SI OR ENTtTY(lE5) SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION. 8236 Remmel Ave., P.O. Box 7184. Canoga Pant, CA 91309-7184 II 'f}t1',)4' BOND NO. 147 31 31 FORM OF LABOR AND KATlRIALS BOND KNOW ALL MEN BY THESE PRESENTS: That we Electro Construction Corp. . California corporat1on hereinafur called "Principal" and ~N~~~rR. IIlJu,uu~c e'S'~.fe of NJ hereinafur called the "Surety", are held firmly bound vnto City of San Bernardino , hereinafter called "OlIner", in the penal SUIIl of ONE HUNDRED NINETY NINE THOUSAND TWO HUNDRED TWENTY ONE NO/lOO Dollar. ($ 199.221.UU....y in lawful money of the.e United State., for the payment of which .um well and truly to be made, w. bind our.elvea, ovr heir., executor., admini.trator. and .ucce..or., jointly and .everal1y, firmly by th... pr..ent.. THE CONDITION OF THIS OBLIGATION i. .vch that Wher.a., the Principal entered into a certain contract with the OlIner, dated the day of . 19 , a copy of whicb i. hereto attacbed and made a part bereof for the con.truction of. .J Upgrade Sports Lighting and Security Lighting for Encanto Park , NOW, THEREFORE, if tbe Principal .hal1 promptly make par-ant to all per.on., firm., .ubcontractors, and corporations fumishinl material. for or performinl labor in the pro.ecution of the work provided for in .uch contract, and any authorized exten.ion or ~ification thereof, includin& all amovnt. dv. for material., lubricsnts, oil, lasoline, coal and cok., repair. on machine., equipeent and tool., con.U8ed or u.ed in connection with tb. con.truction of .uch work, and all in.vrance pre.iums on .aid work, and for all labor, perfo~d in luch work whether by .ubcontractor or otherwi.e, then this oblilation sball be void; otberwile to remain in full force and effect. 1 PROVIDED, FURTBZ1, that the .aid .vrsty, for value received hereby atipulate. and alree. that no chanle, extension of tt.., alteration or sddition to the teras of the contract or to tbe work to be performed thereunder or the .pecification. accompanyin& the .... shall in anywi.. affect it. oblilation on tbi. bond, and it doel hereby waive notice of any .vch chan.e, .xten.ion of ti.., alteration or addition to the teras of the Contract or to the work or to tbe Specifications. PROVIDED, FURTHER, that no final settl...nt b",""..ll the O\IM= and :ha Contractor .hall abrid.e the ri&ht of any ben.ficiary hereunder, who.. claim may b. un.ati.fied. I 94 341 I RIGHT THUMBPRINT (OPTIONAL) State of California } ~ ~ . : T [JS MERl PS ~ County of '" ~ : ~ ~ Carol E. Bowles, Notary Public 0 On Novanber 28 , 1994,efore me, ~ 0 ~ (DATE) (NAME, TITLE OF OFFICER. I.E.. -JANE DOE. NOTARY PUBUC") personally appeared JOHN S. EVERSON and ROLAND B. COURSER CAPACITY CLAIMED BY SIGNER(S) (NAME(S) OF SlGNER(S)) D INDIVIDUAl(S) ~ CORPORATE P,-ps; rlpnt- OFFICER(S) 'rrP~C:l"TYP1'" D PARTNER(S) (TllLE(S)) iZ personally known to me -OR- D proved to me on the basis of satisfactory evidence D ATTORNEY IN FACT to be the person(s) whose name(s) is/are sub- D TRUSTEE(S} scribed to the within instrument and acknowledged D GUARDIAN/CONSERVATOR .................................. to me that ~/they executed the same in D OTHER: : @ CARot E. BOWlE.S : i'lisfI'ler/their authorized capacity(ies}, and that by 2, COMM.#967819 ~ tlisttTer/their signature(s) on the instrument the ~ ... NOTARY PUBLIC. CAliFORNIA ~ person(s), or the entity upon behalf of which the SIGNER IS REPRESENTING: LOS ANGELES COUNTY . person(s) acted, executed the instrument. (NAME OF PERSON(S) OR ENT1TY(IES)) : My Comm. Ell.pires June .14", 1996 . .................................. Witness my hand and official seal. .ELECIRO-CONSIRUCrION-CORF V/Y1zt fo ml/9LY (SEAL) (SIGNATURE OF NOTARY) ATTENTION NOTARY: The information requested below is OPTIONAL It could, however. prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED Number of Pages Date of Document TO THE DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other Than Named Above ._. ^^_^ ....... ~~^.n ." "'...........c ."....'~"'nr..lCu1' ,,~1'.. o:It"J.I"'~ ,.~~Af'ITv/Q~PQ~c:.l:NT4TlnNI~lNr.~>IPRINT _R... ',.q, _ _ __~2 WOlCOTTS FORMS, INC. 1m ! I 1 J J ] 1 ] 94 3'41 1M WlTNESS WHIRlOF, this instrument is executed in six (6) covnterpart., each one of which shall be deemed an original, this the 22nd day of November 19 94 ATTEST. Qjh'1~~~J^ (Principal '.~~R~.Ki " Treasurer (SEAL) l~ ~. wr" as "to Prin pal 3021 Rowena Avenue IDs Angeles, CA 90039 (Addre.. ) ATTEST: (Surety) Secretary (SEAL) HOO E1 Centro South Pasadena, CA 91030 (Addu..) Electro Construction Corp. Principal By ~ S &,u" 3021 Qwena Ave. Los Angeles, CA 90039 (Addre" ) :-:-:<;.. Firemen's Insurance Company of Newark, NJ Surety By P.O. Box 2263 Brea, CA 92622 (Addrus) 94 ,)4~ CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT No. 5i07 State of County of CALIFORNIA LOS ANGELES On November 22, 1994 before me, Linna ~arks, Notary Public DATE NAME. nTl.E OF OFfICER . E.G.. "JANE DOE. NOTARY PU8l.JC'" personally appeared , NAt.,lE(S) 0>' :S.'.:;.....E~:S) YpersOnallY 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 ac- knowledged to me that he/sRe/they executed the same in his/h-or/tReir 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. JOHN D. HUNS INGER ~ ~.P.~~..~~~~e...94.....~.......... ; LlI~DA fv1tiRKS : c " ('IJ r}~;1 /:1, C L~;~":;; 1 'T ~-; l.i;,~'F" \"J;~I I:'\:~ , Lv .-~ r\GLi .;:~ (:'L: -'.r'.- . _ _ /,1..- C)_II!TI hlWt" G~: L ~. ...~~4~9~t..~~~~.y~.~~.~~~~~~~~~~~ " OPTIONAL Though the data below is not required by law, ~ may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER o INDIVIDUAL o CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT TITlE OR TYPE OF DOCUMENT Tm...E(S) o PARTNER(S) o UMrTED o GENERAL o ATTORNEY-IN-FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER; NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME Of PERSON(S) OR ENT1TY(IES) SIGNER(S) OTHER THAN NAMED ABOVE C1993 NATIONAL NOTARY AS$OCIA nON. 8236 Remmet Ave.. P.O. Box 7184. Canoga Park. CA 91309-718' F,iremen's Insurance Company of Newark, NewJersey 94 341 GENERAL POWER OF ATTORNEY Know all men by these Presents, That the FIREMEN'S INSUMNCE COMPANY OF NEWARK. NEW JERSEY has made, constituted and appointed, and by these presents does make. constitute and appoint John o. HU"lSinijer of Glendale. C.lifomie its true and lawful anorney, for it and in its name, place, and stead to execute on behalf of the said Company. as surety, bonds, undertakings and contracts of suretyship to be given to All Obligees provided that no bond or undertaking or contract of suretyship executed under this authority.shall exceed in amount the sum of Ten Mfllfon (10,000,000) 00110" This Power of Anorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Director> of the FIREMEN'S INSUMNCE COMPANY OF NEWARK, NEW JERSEY at a meeting duly called and held on the 13th day of january, 19B9: "IlE5OI.VED. dYI.... ChainMn 01.... Board, ....1IIoe0lainn0n 01.... Board,.... Presidenl,.. ~1IIoe _"'. SeI1lorIlloe _ ",.1IIoe I'mldent oIlho Cornpall'(. be.ond dYluch '" _01...... '-byis,&uIhoriz>ed Ioe>ecut. -..01 A1t<>moyqualifyfns.............rwnod...... given _01 A1t<>moyIoOXOOlt.1n behalf o(tho FIREMEN'S INSURANCE COMPANY OF NEWARJe. NEW JERSEY. bonds. underukings met ~ contracts of sumyship; and ttw.n Assistant VICe President. .a SecmMy or an Assimnl Secretary be. and thar e.ach or ~y of them hereby is. authorized 10 .inest the execution of ~ such Power of Attorney, Mtd lO.attaCh I~O the seal of thr Company. FURTHER RESOLVED. ttu.t the signature of sud1 officen MWi 1M seal of the Company may be affixed 10 any such Power of ^"~ Of co MIV certificlte relatins thereto bv f.1oimile. and M1Ysuch Powerol AttomeyorCfttificale beM1ngsuch fKSimilesigNllRS orfaaimilese~1 shall bey~id ~nd bincins upon theCompanywhen so~ffixed and in lhe fulure with respect 10 any bonct, undenaJUng or contraCt of ~ip 10 which il is alt.lChed." In Witness Whereof, the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY has caused its offICial sea/to be hereunto affixed. and these presents to be signed by one of its VICe Presidents and anested by one of its Assistant Vice Presidents this day of 19 91 11 Harch FIREMEN'S INSUMNCE COMPANY OF NEWARK, NEW JERSEY Anest [);(~ By D.L Bonr., AssislonI Voce ...-.. (---:l &. ~ Emil B. A.sbw. VKe President STATE OF CONNECTICUT } CDUNlY OF HARTFORD .., 11 M.rch 91 On this day of ,19 , before me per>onally came Emil B. Askew. to me known. who being by me duly sworn. did depose and say that he is a Vice President of the FIREMEN'S INSUMNCE COMPANY OF NEWARK. NEW JERSEY. the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Director> of said corporation and that he signed his name thereto by like order. CERTlACATE '1~~~L NOTARY PUBOC My ConwNloion ExpOo$ Motd131. 1993 I. the undersigned, an Assistant Vice President of the FIREMEN'S INSUMNCE COMPANY OF NEWARK, NEW JERSEY, a New Jer>ey corporation. DO HEREBY CERTIFY that the foregoing and attached Power of Anorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Director>, set forth in the said Power of Anomey. is now in force. Signed and sealed at the town of Farmington, the State ofconn~:t. Dated the 2~nd / iJOf :OVL1994 . 1l f ~I~V""'~ ~ Printed in U.S A 21 BOND 431SL