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HomeMy WebLinkAbout09-Development Servicesfi CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION From: James Funk, Director Subject: Resolution awarding Public Dept: Development Services Works contract to Environmental Project Services, Inc., for the Road Closure at Date: September 17, 20 ~- ' " ' ` . I Pennsylvania Avenue at 19`s Avenue, per ~ L Plan No. 10523. File: 7.37-7346 ~~ ` ` ` ~ ~ E MCC Date: October 21, 2002 Synopsis of Previous Council Action: 7/15/02 Allocation of $45,000 in the 2002/03 Capital Improvement Program (CIP) for Road Closure of Pennsylvania Avenue at 19'" Street. CDBG funds. EDA tracking no. 02-8069061 (Account No.001-181-5952-7346). Recommended Motion: Adopt Resolution. ~ ~~~ James Fu Contact person: Raymond Casey, Deputy Director Supporting data attached: Staff Report, Reso., & Map FUNDING REQUIREMENTS: Amount: $45,000.00 Phone: 5111 Ward: 6 Source: (Acct. No.) CDBGF Activity No. 02-8069061 & Account No. 001-181-5952-7346 Acct. Description: Road Closure for Pennsylvania Avenue at 19`" Street. Finance: ~/~/,/./%~'/,G- /l~,~,C/yc _ Council Notes: R~~2boz..329 Agenda Item No.~ ~/.vl~i CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: Resolution awazding Public Works contract to Environmental Project Services, Inc., for the Road Closure for Pennsylvania Avenue at 19`" Street, per Plan No. 10523. Background: This project will close the vehicular and pedestrian movement north bound on Pennsylvania Avenue at 19`s Street allowing a safer community for pedestrians and vehicles on 19'" Street heading east and west bound. It consists of the removal of asphalt concrete (AC) paving, and concrete curb & gutter, sidewalk, block wall, grading construction of base, asphalt concrete, curb and gutter, sidewalk, slump stone wall, wrought iron gate, and striping. City staff, in cooperation with EDA staff, successfully sought funding in order to assist with financing of this very important project as part of a community project. The plans and specifications for this public works street project are complete and the project is ready to be awarded. The estimated project costs aze as follows: Construction Cost $ 40,890.00 Desi n, Labor, Office and Clerical $ 1,890.00 Ins ection, and Contract Administration $ 2,000.00 Contin encies $ 2,000.00 Total $ 46,780.00 This public works street project was advertised locally in the San Bernardino County Sun Newspaper, F.W. Dodge, Construction Data Hot Sheet and Daily Construction Service, Bid America, Construction Bid Source & City's Web Sites, and with the San Bernazdino Area Chamber of Commerce. The following four companies responded: Name of Bidder Cit Amount of Bid Environmental Project Services, Inc., San Bernardino $40,890.00 Holland-Lowe San Bernardino $ 41,100.00 Hillcrest Contractin ,Inc. Corona $ 47,957.00 International Pavement Solutions, Inc. San Bernardino $ 48,980.00 En ineerin Estimate $ 30,000.00 2 CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION STAFF REPORT Based on review of the sealed competitive bids received, staff has determined that Environmental Project Services, Inc., the apparent low bidder, has met the minimum requirements of the specifications and bid guidelines, and therefore, staff recommends that the Mayor and Common Council awazd the referenced public works contract accordingly. Financial Impact: Sufficient funding for this project was allocated in the FY 2002/03 Capital Improvement Plan (CIP) budget under CDBG Activity No. 02-8069061. Payments to the contractor will be submitted to the Economic Development Agency (EDA) for payment from the above activity. Staff time associated with administration of the project will be charged to Account No. 001-181- 5952-7346 which will be reimbursed from the CDBG funds. Recommendation: Adopt resolution. 3 City of San Bernardino, California Department of Development ServiceslPublic Works Divi~ Vicinity Map Road Closure For PENNSYLVANIA AVENUE At 19th Street . ~~ 576 `. ~ ' w PUNTER g- ~ ~ aq ~ Y P ~ I : ~ < P m O l1 7 (H _ u ~ ~ n mu ~y z .• MESA $T Y n ~ ~ ,r ~ ~ '~ 9 \ ~ ; ~ w ~ o ,. p i ~ ~~ ~ ~ W 24TH ST ~ ` '- f z .~ ... Y s ~ ~ z . ~ w 2 .: n ~ r a: '4P -. -_ _ .~ $T _ ~ ~ q .. I$ u Aonrs n z r 3 ~ O ~ z w m .. S I 2)ri2 Y LiC; z 9 . s = S y~y. J Y : _ ~ GHLAND + 5i 2 a4 2100 ~ : ~i 5Ge tIB ° f5 I' FRIIp ~ ~'~ w i ~ . ~ .. ., .. N . ~. .... Y W - ,£ < 4y v: i r r .. .. ~ ~ ..< ~ ..o.. .r. ~~' s ~. F 4 Y" a s: t WASHING iUN .4V r u!mm ~ W a; f ~ W IiXXILFTf - •~ ~ Sr - ~Y ¢~ 2YINYRp Y ~ uHwuvu _ a , Y>nu ~ ":.rwr ~ ~ ~ s _~ '= r nrarrmx ~ -. W Ll NCU.N _B, , -. "., ~ Sf _, ~~ a 66 W _ ~ ' F _ AV uc. .. 1 _ w ~- a x z 17TH is > ~ ' l r v L - A M1 (I!. Z$ sr N wanEVEi i AW Q Y tnn s : ~ Y 1/IM ;~ ~~ : .. 'N TRENTUN 57 ,7 'fj »I~w:} n •-. } ' , N rslT x `enr Y7 - 6 z ~ Sr ' a<: :' X k 0.b ~l ~ 5 w C 1 YPNS t Z ~ Y r ~,tx £ a h t ~ 1~; ~~~ o ^cilaeur s+r W ~ O w O1 H ~~ " ST , ~ `O c ~ W 15TH ST ~ L .. W Th ` ~ Av _ ~ :.-. .i ~ T ' _ Y ~~£ L ~ Y M:v:4?~ c .. , w -.. _ w 2 1411 ST _ ;~ .4 H 5i _. w r[y \'.A o SI fi trt i. ,, Y z , ~ wrcar ~ w „~r a0 w r~ Av ~ ~ s , ~ ~ ~ l3TH - ' ~ ~ n ` " S - "a ° I. paza ~ _ w ro 0.LECF „ i ~ : ~ BASELINE z '< :~ ~ C ' ~ ~~,N _ ?" ~ - 11,N _ :u t ~ ~ .n la ~ ^r., w y ~r°~, ~ ~ u N ', rr~ :c~, ` G s ~..z : ~z ., .. lore i • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 211 ,~ ~~~° RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO ENVIRONMENTAL PROJECT SERVICES, INC., FOR THE ROAD CLOSURE OF PENNSYLVANIA AVENUE AT 19T" STREET, PER PLAN NO. 10523. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Environmental Project Services, Inc., is the lowest responsible bidder for the Road Closure of Pennsylvania Avenue at 19`" Street, per Plan No. 10523. A contract is awarded accordingly to said bidder in a total amount of $40,890.00, with a contingency amount of $2,000.00; but such award shall be effective only upon being fully executed by both parties. All other bids, therefore, are hereby rejected. The Mayor is hereby authorized and directed to execute said contract on behalf of the City; a copy of the contract is on file in the office of the City Clerk and incorporated herein by reference as fully as though set forth at length. SECTION 2. This contract and any amendment or modifications 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 • 23 24 25 26 27 2s within sixty (60) days of passage of the resolution. /// /// no s~ I. 1 2 3 4 5 s 7 8 9 10 11 12 13 14 15 I6 17 18 19 21~ 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO ENVIRONMENTAL .PROJECT SERVICES, INC., FOR THE ROAD CLOSURE OF PENNSYLVANIA AVENUE AT 19T" STREET, PER PLAN NO. 10523. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 2002, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA LIEN MC GINNIS DERRY SUAREZ ANDERSON MC CAMMACK _ City Clerk The foregoing resolution is hereby approved this _ Approved as to form and legal content: ~r City Attorney, Jan By day of , 2002. Judith Valles, Mayor City of San Bernardino ~" 'a l ~: -- CITY OF SAN BERNARDINO STATE OF CALIFORNIA CONTRACT DOCUMENTS ~.-.: ... FILE NO. 7.37- ACCT. NO. 001-181-5504- PLANS AND SPECIAL PROVISIONS NO. 10523 ~. FOR -` ROAD CLOSURE FOR PENNSYLVANIA AVENUE AT 19`h STREET `~ E. D. A. NO. 02-8069061 i~~ /~ DNISION OF PUBLIC WORKS DEPARTMENT OF DEVELOPMENT SERVICES CITY OF SAN BERNARDINO AUGUST, 2002 ,.' BIDS WILL BE RECENED UP TO THE HOUR OF 2:00 P.M. ON SEPTEMBER 24 .2002 VOLUMEI I: CONTRACT AGREEMENT: ROAD CLOSURE FOR PENNSYLVANIA STREET AT 19TH STREET, E. D. A. NO. 02-8069061 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 yeaz and day first above mentioned. (SEAL) ATTEST: City Clerk (SEAL) By: Ciri of San Bemazdino (Owner) Mayor Contractor Secretary Witness By: Title Address and Zip Code r1 U NOTE: Secretary of the Owner should attest. If Contractor is a corporation, Secretary should attest. Approved as to form and legal content: JAMES F. P)x~livFAN, City Attorney C-2 It is the understanding of the undersigned that the work hereinabove described shall be commenced within 10 working days from the date of the "Notice to Proceed", and shall be completed within 20 working davs from the date of said notice. The undersigned further agrees that in case of default in executing the contract, or fiunishing necessary bonds, all within the specified time, the proceeds of the Bidder's Guaranty accompanying this bid shall be paid to the City of San Bernardino as liquidated damages. Licensed in accordance with an act providing for the registration of Contractor, License No. 767179 Classification A. B, HAZ FIRM NAME: ENVIRONMENTAL PROJECT SERVICES, INC. BUSINESS ADDRESS: p _ n _ nnx 9,g z BLUE JAY, CA 9 BUSINESS PHONE: 909-889-7799 CELLPhIONE: 909-289-4381 SIGNATURE OF BIDDE If an individual, so state. a firm or co-partnership, state the firm name and give the names of all individuals, co-partners composing the firm. If a corporation, state legal name of the corporation, also the names of the president, secretary, treasurer and manager thereof. ENVIRONMENTAL PROJECT SERVICES, INC. A CALIFORNIA CORPORATION Legal Stntus of Firm NAME ADDRESS JAMES P. DIPPELL,pRES, SECRETAIty_, TRF.AS_ 131 CYPRESS DRIVE LAKE ARROWHEAD, CA 92352 R. SCOTT GLASSEY, V _ PRF.GTTIF.NT eR6~'rt E/ Cit.. 9a3o25 Is Bidder currently a certified DBE? Yes No Dated: , 2002 BIDDERS ACICI\'OWLEDGEMENT OF ADDENDUMS: ADDENDUI~N0.1 DATE: ~~ ADDENDUM N0.2 DATE: ADDENDUM N0.3 DATE: CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: October 25, 2002 TO: Leslie Crawford, Engineering Assistant I FROM: Michelle Taylor, Senior Secretazy RE: Transmitting Documents for Signature -Resolution 2002-329 At the Mayor and Common Council meeting of October 21, 2002, the City of San Bernazdino adopted Resolution 2002-329 -Resolution awarding a contract to Environmental Project Services, Inc., for the road closure of Pennsylvania Avenue at 19`h Street, per Plan No. 10523. I am providing you with one certified copy of Resolution 2002-329 and four (4) sets of original bound contracts. Please obtain signatures where indicated and return one fully executed original contract to the City Clerk's office as soon as possible. Please be advised that the resolution and contract will be null and void if not executed within 60 days, or by December 20, 2002. If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you. I hereby acknow~ge receipt o~'the al)pve mentioned documents. Signed: Date: ~ ~ ~/`~/~~ Please sign and return. CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: December 9, 2002 TO: Leslie Crawford, Engineering Assistant I FROM: Michelle Taylor, Senior Secretary RE: Resolution 2002-329 -Agreement with Environmental Project Services, Inc. Our office has not received the executed contract with Environmental Project Services, Inc., for the road closure of Pennsylvania Avenue at 19`h Street, per Plan No. 10523. This contract was approved at the Mayor and Common Council meeting held on October 21, 2002, and will be null and void if not executed and returned to the City Clerk's Office by December 20, 2002. Please forwazd the executed contract to the City Clerk's Office, to my attention, as soon as possible. If you have any questions, please do not hesitate to call me at ext. 3206. i -, . ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): tEj-ZI-OZ Item # ~ Resolution # 2t~2 ~~ Vote: Ayes ~ Nays $ Abstain -~ Absent Z. Change to motion to amend original documents: "- Reso. # On Attachments: ~ Contract term: - NuIlNoid After: (p~ a~IS ~ IZ-ZO-oZ Note on Resolution of Attachment stored separately: ~ Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY Date Sent to Mayor: I C~'Z3-6~ Date of Mayor's Signature: ~O-Z3"off Date of Clerk/CDC Signature: 1 O-a/{-02- Date Memo/Letter Sent for Signature: Day Reminder Letter Sent on 30th-day: 90 Day Reminder Letter Sent on 45th day: - au~ a- 1 a-`~~y Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): By: Reso. Log Updated: / Seal Impressed: See Attached: / Date Returned: ~'t'1-0~- See Attached! See Attached: Yes / No _ Yes Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Yes Updated CDC Personnel Folders (5557): Yes Updated Traffic Folders (3985, 8234, 655, 92-389): Copies Distributed to: City Attorney -~ Code Compliance Dev. Services t/ Parks & Rec. Police Public Services Water Yes No / Nom No / No By _ By By By B EDA Finance ~ MIS Others: t~l~ C~.C1~Q C~~) Notes: ~n~ ~~~~ - BEFORE FILING REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc.) Ready to File: ~ _ Date: 1 a "1 '1-G ~' Revised 01 / 12/01 Meeting Date: 10/21/2002 Item 119 Resolution 112002-329 FILE NO. 7.37- ACCT. NO. 001-IS1-5504- CITY OF SAN BERNARDINO STATE OF CALIFORNIA ~_, CONTRACT DOCUMENTS PLANS AND SPECIAL PROVISIONS NO. 10523 FOR - ROAD CLOSURE FOR PENNSYLVANIA AVENUE AT 19`h STREET E. D. A. NO. 02-8069061 «.. DNISION OF PUBLIC WORKS `" DEPARTMENT OF DEVELOPMENT SERVICES CITY OF SAN BERNARDINO `~ AUGUST, 2002 BIDS WILL BE RECENED UP TO THE HOUR OF 2:00 P.M. ON SEPTEMBER 24 .2002 VOLUMEI 02 '??Q INDEX VOLUMEI BID DOCUMENTS Advertisement for Bids AB-1 to AB-3 Information for Bidders IB-1 to IB-5 Bid for Unit Price Contract P-1 to P-9 Contractor's Certification Concerning Labor Standards and Prevaili ng Wage Requirements Certification of Bidder Regarding Equal Employment Opportunity Bid Bond Form Conflict of Interest Clause CI-1 Contract Agreement C-1 to C-2 Construction Contract Provisions CP-1 to CP-3 Document List DL-1 to DL-2 SPECIAL PROVISIONS Section 1 - Specifications and Plans SP-1 to SP-2 Section 2 - Bid Requirements and Conditions SP-3 to SP-6 Section 3 through Section 5 - Blank SP-7 Section 6 - General SP-8 to SP-11 Section 7 - Utilities SP-12 to SP-15 Section 8 - Description of Work SP-16 to SP-17 Section 9 - Traffic Control SP-18 to SP-20 Section 10 - Mobilization SP-21 Section 11 - Clearing and Grubbing, Unclassified Excavation and Unclassified Fill SP-22 to SP-23 02 °~q Section 12 - Blank SP-24 Section 13 - Asphalt Concrete SP-25 Section 14 Through Section 15 - Blank SP-26 Section 16 - Portland Cement Concrete SP-27 to SP-28 Section 17 - Landscape Planting Materials SP-29 to SP-30 Section 18 - Roadside Signs SP-31 Section 19 - Blank SP-32 Section 20 - 16' Sliding Wrought Iron Gate SP-33 Section 21 Through Section 49 - Blank SP-34 Section 50 - Removal and Restoration of Existing Improvements Except Street Pavement SP-35 to SP-36 Section 51 Through Section 58 - Blank SP-37 Section 59 - Masonry Block Wall SP-38 to SP-60 City of San Bernardino Standard Drawings VOLUME II L Documents II. Labor Standards and Provisions (Davis-Bacon Act) III. Equal Employment Regulations IV. Bonding and Insurance Requirements V. Supplemental General Conditions VI. U. S. Department of Housing and Urban Development -- STANDARDS OF CONDUCT 02 °~9 02 ~zs ADVERTISEMENT FOR BIDS PROJECT NO. 10523 City of San Bernardino Owner Separate sealed bids for the ROAD CLOSURE FOR PENNSYLVANIA STREET AT 19Tx STREET 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 P.M., TUESDAY , SEPTEMBER 24, 2002 ,and then will be publicly opened and read aloud in the Development Services Conference Room 300 North "D" Street, 3rd Floor, San Bernazdino, 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 maybe 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 3rd Floor of City Hall, 300 North "D" Street San Bernardino, upon payment of anon-refundable amount of $10_00 per set. AB-1 02 329 The Owner reserves the right to waive any informalities or inconsequential deviations from contract Specifications, or to reject any or all bids. Each bidder must deposit with his bid, security in the amount, form and subject to the conditions provided in the Information for Bidders. The Contractor may substitute securities for any monies withheld by the Agency to ensure performance under the contract as provided for in Section 22300 and Section 10263 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 Specialty License(s) at the time the contract is awarded. The prime Contractor shall perform, with his own organization, contract work amounting to at least 50 percent of the contract price. No bidder may withdraw his bid within 45 days after the actual date of the opening thereof. AB-2 02 32~ Anon-mandatory Pre-Bid Meeting will be held on Tuesday , September 10, 2002 , at 2:00 p.m. , in the ofTice of the Director of Development Services Department, Third Floor, City Hall, 300 North "D" Street, San Bernardino, CA. 92418. This meeting is to inform bidders of MBE's/WBE's sub-contracting and material supply opportunities and to make the prime Contractor aware of the Owner's outreach program as it relates to minority hiring and participation. Bidder's attendance at this meeting is recommended, but the prime may certify that they are familiar with the program and attendance is not required. Attendance and/or certification may be used as part of the good faith effort. CITY OF SAN BERNARDINO k~ t ' L C~LC-uC ~ ~~~. RACHEL L City Clerk NOTICE TO ADVERTISE SPECIFICATION NO: 10523 SHALL APPEAR IN FIRST ISSUE NOT LATER THAN DATES: 8/30/02 and 9/04/02 , (SECOND PUBLICATION FIVE DAYS LATER) SIGNATURE: DATE: AB-3 02 X29 02 329 INFORMATION FOR BIDDERS Receipt and Opening of Bids The City of San Bernardino, Califomia (herein called the "Owner"), invites bids on the form attached hereto, all blanks of which must be appropriately filled in. Bids will be received by the Owner at the Office of the City Engineer until 2:00 p.m., September 24, 2002, and then publicly opened and read aloud, in the Development Services Conference Room, 3rd floor, City Hall. The envelopes containing the bids must be sealed, addressed to the City Engineer, City Hall, 300 North "D" Street, San Bernardino, Califomia, 92418 and designated as Bid for the ROAD CLOSURE FOR PENNSYLVANIA STREET AT 19TH STREET. The Owner may consider informal any bid not prepared and submitted in accordance with the provisions hereof and may waive any informalities or reject any and all bids. Any bids may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified shall not be considered. No bidder may withdraw a bid within 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-1. All blank spaces for bid prices must be filled in, in ink or typewritten, both in words and figures, and the foregoing Certification must be fully completed and executed when submitted. Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, his address, and the name of the project for 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 specifically advised that for any person, firm, or other party, to whom it is proposed to award a subcontract under this contract, the following applies: a. Must be acceptable to the Owner, and IB-1 02 329 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 telegraphic modification over the signature of the bidder was mailed prior to the closing time. The telegraphic communication should not reveal the bid price but should provide the addition or subtraction or other modification so that the final prices or terms will not be known by the Owner until the sealed bid is opened. If written confirmation is not received within two days from the closing time, no consideration will be given to the telegraphic modification. 5. Method of Billing The Owner invites the following bid(s): One Bid Schedule containing Items of Work to be Bid on a Lump Sum or Unit Price Basis, as the case maybe, for the ROAD CLOSURE FOR PENNSYLVANIA STREET AT 19TH STREET, 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 that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Conditional bids will not be accepted. IB-2 0? ?29 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 afrer 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 within 60 days afrer 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 forfeit 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 20 Working Days thereafter. Bidder must agree also to pay as liquidated damages, the sum of 500.00 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 relative to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful bidder to his obligation to famish 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. 11. Addenda and Intemretations No other 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 Raymond A. Casey, 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 famished 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. IB-3 02 X29 12. Security for Faithful Performance Simultaneously with his deliver of the executed contract, the Contractor shall furnish a surety bond or bonds as security for faithful performance of this contract and for the payment of al] persons performing labor on the project under this contract and fiunishing 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 particulazly 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: Michael Wolff Construction Engineer (909) 384-5166. (d) Stated allowances 15. Laws and ReQUlations 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 estimated 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 awazd the contract on the base bid combined with such additive alternates applied in numerical order in which they aze listed in the Fonn of Bid, as produces a net amount which is within the available funds. IB-4 02 329 17. Oblieation 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 familiaz with the Plans and Contract Documents (including all addendums). The failure or omission of any bidder to examine any form; instrument or document shall in no way relieve any bidder from any obligation in respect of his bid. 18. Bidding and Negotiation Requirements Attention of bidder is directed to the requirements of the U. S. Housing and Urban Development regarding bidding and negotiation requirements. Prior to the signing of the contract, a preliminary statement of work force needs, (skilled, semi-skilled, unskilled labor and trainees by category) shall be provided where known, where not known, such information shall be supplied prior to the signing of any contract between Contractors and their subcontractors. 19. Contractor Documents to be Submitted With Bid See Page DL-1 IB-5 02 329 BID FOR UNIT PRICE CONTRACT PLACE SAN BERNARDIIJO DATE ~Eyp~ a4, d~~ PROJECT NO 10523 Bid of ENVIRONMENTAL PROJECT SERVICES,_JNC (hereinafter Called "Bidder")* a corporation, organized and existing under the laws of the State of CALIFORNIA a partnership, or an individual doing business as To the City Engineer of the City of San Bernardino, California (hereinafter called "Owner") Gentlemen: The Bidder, in compliance with your invitation for bids for the construction of: ROAD CLOSURE FOR PENNSYLVANIA STREET AT 19T" STREET 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, ar~d to construct the project in accordance with the contract documents, within the time set forth therein, and at the prices stated below. These prices P-1 oz s? are to cover all expenses incurred in performing the work required under the contract documents, of which this bid 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 20 Working Days thereafter as stipulated in the Specifications. Bidder further agrees to pay as liquidated damages, the sum of $500.00 ,for each consecutive calendar day thereafter as hereinafter provided in Paragraph 19 of the General Conditions. Bidder acknowledges receipt ofthe following addendum: *Insert corporation, partnership or individual as applicable. P-2 02 ''29 BID SCHEDULE PLAN NO. 10523 ITEM DESCRIPTION OF ITEMS WITH UNIT TOTAL NO QUANTITY UNIT i1NIT PRICE WRITTEN IN WORDS PRICE IN FIGURES 1. 1 LS Mobilization per the Lump Sum price of I UJ~ ~(1-ID )SAND Dollars LS and tJ0 Cents 000.00 2. 1 LS Clearing and Grubbing per the Lump price of SQl6l~l ~I~IOU-SPthA avr- Hyr.Ip~.~D Dollars LS and IJO Cents ~~SCD'~ 3. 20 TN Asphalt Concrete Pavement (4" Thick) and %z" Minimum Thickness Asphalt Concrete Feathered, at "- ~J t~ 'l4~ - 00 Dollars ~ 7 S /T~ and -JO Cents per TON 5~.~ ~ 00 4. 40 LF PCC Curb and Gutter, Type B2-150 (8) per APWA Standazd 121-1, at i~~.zy Dollars ~~I. /~/ and IJO Cents per LIN. FT. b00 •O~ 5. 125 LF PCC Curb and Gutter, Type "B", per City Standazd No. 200, at ~~~ Dollars ~o /LF and ~~ Cents per LIN. FT. ~~~ P-3 oz X29 BID SCHEDULE PLAN NO. 10523 ITEM DESCRIPTION OF ITEMS WITH UNIT TOTAL NO QUANTITY UNIT UNIT PRICE WRITTEN IN WORDS PRICE IN FIGURES 6. 530 SF PCC Sidewalk, at r U lZ oO Dollars Lf- -/SF and N D Cents per SQ. FT. Z 7. 1 EA Install Sign on Single Post, at FiYE H vlvc~e~J ~-- Dollars ~~ /EA o~ and w ~ Cents per EACH S~ 8. 1 EA Install Two Signs on Single Post, at _ SIX N,v Np ~~1~ Dollazs ~C}~/EA/~ and N s Cents per EACH to ~ 9. 1 LS 22' Sliding Wrought Iron Gate (6' High). including All Appurtenant Facilities as called for on the Plans and Special Provisions No. 10523. at the Lump Sum price of ~rcry SIx_ --IUntDR.ca Dollars LS ~/ ~~o_, and 1.kD Cents ~- 10. 105 LF 6' High Slump Stone Wall, at ~uE H~~~ ~,~ra--.~ 0O Dollazs ~-7LF p0 and l~ Cents per LIN. FT. P-4 02 329 BID SCHEDULE PLAN NO. 10523 ITEM DESCRIPTION OF ITEMS WITH UNIT TOTAL NO QUANTITY UNIT UNIT PRICE ~i'RITTEN IN WORDS PRICE IN FIGURES 11. 2 EA 24"Box Tree (Pine), at Sl X 4{~hLfzt='~ cA Dollars MoD 071*A and IJO Cents per EACH Z~jt~ b0 12. 6 EA 5 Gallon Shrub, at r'Lr~ Dollars s6~/EA and AJ O Cents per EACH 30 V pO ~ UG TOTAL BID $ ~C, ~ ~ ~/ NOTE: The unit price must be written in words and also shown in figures. All blank spaces appearing above must be filled in. In case of discrepancy in Bid Amounts, unit prices shall govern over extended amounts, and words shall govern over figures. Total Bid amount for the entire contract work shall include the cost of labor, materials, equipment parts, implements, taxes and supplies necessary to compete the project, as based on the City Engineer's estimate of quantities of work. Bidders shall complete and submit entire BID FORM section as their bid to the City. Failure to do so will result in their Bid being non-responsive. BIDDER declares that this proposal is based upon careful examination of the work site, Bid and Contract Documents. P-5 02 X29 It is the understanding of the undersigned that the work hereinabove described shall be commenced within 10 v,'orking days from the date of the "Notice to Proceed", and shall be completed within 20 working davs from the date of said notice. ° The undersigned further agrees that in case of default in executing the contract, or famishing necessary bonds, all within the specified titre, the proceeds of the Bidder's Guaranty accompanying this bid shall be paid to the City of San Bernardino as liquidated damages. Licensed in accordance with an act providing for the registration of Contractor, License No. 767179 Classification A, B, HAZ FIRM NAME: ENVIRONMENTAL PROJECT SERVICES, INC. BUSINESS ADDRESS: p n Rnx 4 a ~ BLUE JAY, CA BUSINESS PHONE: 909-889-7799 CELL PLIONE: 909-289-4381 SIGNATURE OF BIDDE ~ ~~~'~ If an individual, so state. a firm or co-partnership, state the firm name and give the names of all individuals, co-partners composing the firm. If a corporation, state legal name of the corporation, also the names of the president, secretary, treasurer and manager thereof. ENVIRONMENTAL PROJECT SERVICES, INC. A CALIFORNIA CORPORATION Lega( S1mus of Firm NAME ADDRESS JAMES P. DIPPELL,PRES. SECRETARY., mRFA4 131 CYPRESS DRIVE LAKE ARROWHEAD, CA 92352 R SCOTT GL•ASSEV, V_ pRFCmENT L eRC.~~( e, cA. 9a3as is Bidder currently a certified DBE? Yes No Dated: 2002 BIDDERS ACKNOR'LEDGEMENT OF ADDENDUMS: ADDENDUM1 NO. 1 0 L~DATE: ADDENDUM N0.2 DATE: ADDENDUM N0.3 DATE: P-6 02. 229 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 subcontractor who will perform work or labor or render service to the Contractor. Name & Address Under Which Licensed Agency & No. of MBE/WBE CERT (If Applicable) Sub-Contractor's Sub-Contract Work to Be Phone-No. Amount Performed 1 Gi uZ M AN ~Si, M~ ~ b~j _ Ro~nc~l~"'C'r A' C IZ64S•UJ/CIr~i1RN ~~I SooIS FSr10 ~(C17~ $ ,5~~~~LoGJG wac.c . S76 3 SAN BE?~aP,Z~+JOC~ pcC c~2IICt~~ c~2-~~ SlOeiwA{-l~ ~14NTa8S ~ SlG N S ~CN~~ ~ ~ p~~~ $ ~~_ ~~ 3.MY~.ICK%FN~CA. `~' rt.ai'S'-Sti Gr7~l fLly~ll~~w+ SMt1E `b9 ~91~114"] $34bo'~ sLrDtPk~WCn~~~~T- 12aa C61AS7z'T 4.~uL ~Cr Cswct` ittl ~G K- wpcL~ ~ REeNPa-(ar-~~_ ~a~r 4'7~ 77'2, $~a? ~. IF ADDITIONAL SPACE [S REQUIRED, PLEASE DUPLICATE THIS SHEET DO NOT W RITE ON THE BACK P-7 02 '?9 WORKMEN'S COMPENSATION INSURANCE CERTIFICATE I am aware of the provisions of Section 3700 of the Labor Code requiring every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Contractor NAME OF FIl2M: `~-TlJROAIN~AC~ PR~~ `.~F3"c~l~~~ ~~ BY: u `~ ~~ T E: l~2(LL=5/L~~f DATE: 2/G3 ~dZ- P-8 02 ?29 (This affidavit shall be executed by all bidders at the time of bid submittal. Failure to execute the affidavit on this page will result in rejection ofbid.) NON-COLLUSION AFFIDAVIT To the Division of Public Works, Department of Development Services, City of San Bernardino, State of California: The undersigned in submitting a bid for performing the following work by contract, being duly sworn, deposes and says: That he has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract. Signature of Bidder /SOS .So. ~ ~T ~~ r~r'tiss•-~~a^ ~~ Business Address SCSI ~''Y''~sg ~~' Place of Residence Subscribed and sworn to before me this ~ day of S » r , 2002. Notary Public in and for the County of 5,~~ ?~~~~~~ My Commission expires on ~ 2' ~~ -d3 Year P-9 LirJ OA S. WILLIAMS Commission # 1246028 _ o-: Notary Puolic - Celifomie San eemertlino County My Comm. Er its CeL 18, 2003 oz ~zs OFFICE OF COMMUNITY DEYELOPME;VT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CONTRACTOR'S CERTIFICATION CONCER:~IING LABOR ST?.NDARDS AND PREVAILIYG WAGE REQUIREhIENTS TO (Appropriate Recipient/ G~ ~ ~ ~-nl .c3~/•4,e~in/o C 1 O Ct ' / C.~/Gln/~r~ DATE ~ ~O PROJECT NO. (/jany) ~Q Sa PROJECT N?u~ /ZO~A c [,os ~ 2~ Fo,2 i _ .. ., - - - .~ a ~__ 1. The undersigned, having executed a contract with C/1'l./ ©~ ~/1-nJ ~~(p~() for the construction of the abo e-idrntified project, acimowledges that: (a) The Labor Srandazds provisions aze included in the aforesaid contract. (b) Correction of any infractions of the aforesaid conditions, including infi-actions by any of his subcontractors and any lower tier subcontractors, is his responsibility. 2. He certifies that: (a) Neither he nor any firm, partnership or association in which he has substantial interest is designated as an ineligible contractor by the Comptroller General of the united States pursuant to Section 5.6(b) of the Regulations of the Secretary of Cabot, Part 5 (19 CFR, Parr i) or pursuant to Section 3(a) of the Davis-Bacon Act, as amended (~0 C'S.C. 176a-1(a). (b) No part of the aforemenrioned contract has bcen or will be subcontracted to any subcontractor if such subcont; actor or any firm, corporation, partnership or association in which such subcontractor has a substantial interest is designated as an ineligible con¢actor pursuant to any of the aforementioned regulatory or statutory provisions. 3. He agrees to obtain and forward to the aforementioned recipient within ten days after the execution of any subcontract, including those executed by his subcontractors and any lower tier subcontractors, a "Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Requiremenu" executed by the subcon¢actors. 4. He Certifies that: (a) The le¢al name and the business ddress of the underssitgned are: EN V i 20 a N ~-4c.- P~aTECT 6'E/cv/ c es~ =ItlG P n ~~ q~ ,ac-IJE sg~ ~A 9~i7 (b) The undersi¢ned is: (1) A SL`GLE PROPRIETORSHIP (3) A CORPORATION ORGAPIIZED N THE STATE OF /'dt iPn.P.t~t~_ (2) A P.~RTNERSHIP (4) OTHER ORGA,~fIZ.ATION (Describe) 02 ?2~ Page 1 of 1 4. (cont.) (c) The name, title and address of the ow-tier, partntts or officers of the undersigned aze: NAME TITLE ADDRESS J A ~ ~ ~Rr:45 . /3 / cyPR6~5 ~Rr F'4 C oZ3Sd aS ` / e~Ate ~ E o,a (d) The names, addresses and the natttre of the interest of all other persons, both natural and corporate, having a substantial interest in the undersigned aze (!j none, so stare): NAr~ ADDRESS NATURE OF LVTEREST EiV/i2ol~Mat~fsl~L P20,TC~~~'~/icE~/rim. (CONTRACTOR/ DATE: ~' -~ ~ OO~ B/}c ~_ C_ r src~~:a rz Re r WARN/NC U S. Criminal Codt, Section 1010, Title ld, U.S.C., provides in part: °Whoever ......, makes, paces, arras ar pablirhes any statement, knowing the same to be (a(se ............. shall be jtned not more than SS,000 or imprisoned not more than two (!J years, or bath. (e) The names, addresses and trade classifications of all other building construction contractor in which the undersigned has a substan[ial interest are (!j none, so stare): NA.~LE ADDRESS TRADE CLASSffICATION 02 ''29 CERTIFICATION OF BIDDER REGARDING EQUAL EbIPL01'~fENT OPPORTUNITY INSTRUCTIONS This certification is required pursuant to Executive Order 11246 (30 F.R. 12319-25 ). The implementing rules and regulations provide that any bidder or prospective connector, or any of their proposed subcontractors, shall state as an initial part of the bid or negotiations of the contract whether it has (they have) participated in any previous contract or subcontract subject to the equal opportunity clause; and, if so, whether it has (they have) filed all compliance reports due ands applicable instructions. Where the certification indicates that the bidder has not filed a compliance report due under applicable instructions, such bidder shall be required to submit a compliance report within seven calrndar days after bid opening. No contract shall be awarded unless such report is submitted. CERTIFICATION BY BIDDER Bidder's Name: Address and Zip Code: ~ (~ ~)C 9 ~~ - 1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause. YES ~ NO ^ (If answer is YES, identify the most recent contract. ) CoUldTz, OF Shnl ag'zy.~AkP) 6 SiCtIEIZ (Ate Ct1~t 6JTTb~ ~~4ie tr-znl A&t9Z6'S~ 2. Compliance reports were require to be filed in connection with such contract or subcontract. YES ~ NO ~ (!f answer rs YES, identify the most recent contract. ) 3. Bidder has filed all compliance reports due under applicable instructions, including SF-100. YES ^ NO ~ NONE REQUIRED' 4. If answer to item 3 is "NO", please explain in detail, using the reverse side of this certification if necessary. CERTIFICATION -The information above is true and complete to the best of my knowledge and belief. .~tFyMES P. DIPPEL R D Name and Title of Signer (Please Tvpe ~~--- ~ gnature Date • - ~ F saris nt: em eoNn JQVO~Y Ai.Ty ~ SY 1Z~SF PkESEAt7S, dsat~we, the undetsiSfsod, Environmental Project Services Inc. •' ~:. as Ptiaoipal, and , ~: ~Ezg orer IBshran~~oinpany' , , ~ a 'Surety, are . hireby.'.gnd GtPI(pb,¢7<etd tlnt0' •_ City'of San Bernardino .';•a;owaer ia; dte potil etsm,of Fe,~n~ e~e_t of amount btd bor. the payment ct~rhieb,'3veU sad troy to be mode, we beteby)tHatly and stryaKaUy biid~eondv.~q,. "`ettr heirs, esectt{ois; admitiis~eiots; sticcessbts sad assi~ps. •' ~ . ' ' '~. $i~ ~ 23rd ~ypf September 2002 . , ~~~ 7'b~ t:tiatitioti~titshprbdve obiigstioaiasuch drat whereas the Ptiacipal•6as wbmisred m • ~',. City'of 5yn Bemaidinp, ~ , : ;~ ..... a t:ataia Bid, attiched hetet0 aadh«eby tbade a paRpaft .. ' `ht:taD£~ tC~00lgt.iaT,G.e.lOOQilt• is Wtlt~, fOr fhe Road closure/street improvements ~. Pennsylyaniaalvea(I9thSt."Project#1O5Z3 ,. .. • - ~ i.~.~-..~-_1 . ~., ~. ~IfsaidEudsha4 be rejetxad, or its the aitGlattG, • • ~ ' ' ~~ b,'.' ::', Ild'id>~id stWlbe at.ceptod and.tbe Principal t+hall eaecuta.a cmtraet . '' •' io ttldFeitpo'A'f etmhaes aaaelted halm (prtgteriy oomPkeed is rieebrdaeeo w'i~h~i~¢ Hid~•and `slalt'tusriis6 sbond ferh(s fiitblitl pee'lbnaance of nid ' ;:• ~.,md shill i4 ill~oflta trspew perform eha aytpeta~tt created by the • , . ~ 'a~~a ofsaid Hid, , ' , that Tom! ~it+?~-shall bq roi4: otherwise, the tattw rhslt tenaaia.iil foree:~aail ttlftxt; h beiq• .'' ,eltptsos(x +iederstood''sod agreed; ibat the liabiiiry.of the Ssaary fbr any tufd all e~aima haeoriter• ,. '.: sbap;'itt oo,etreat; extend die penal imcaot of dda obliption as harm stood. , • ~ • The Susxty: far~ialue tcgefiKd, hereby, sdpulata and sQ«s that the ebli~seioos of said S,taetr and ih '' botiil a0atl tie in~a0 wiy iogtaired~ar affected.by any e><omaion ofthe,dme vvitJtio which:ttie Owaar . •.. . m=y.aeogit stkA 89d,etrd iaid.Surery pots hettsby waive 0otice oL any •aich ex4entipn. . y . .. .' IIV. ~W!'f1QESS nY1~R,~OF. 'the Principal sad the Surety haw haeuam.aet their hinds and seals, and - sucl't:oT l~eia 'as'arq~ootpotatiwti'liave etusad their coiptnah wif to'tie bosun atBbced and dwe' ' . '.: itiaeottz tobis.pgnt+dby them prdpeF et6aets, she day asd year first tneatiti~sod. • ' ' . . ' , ' .; ~.' ,' ~P~QFiQ3Ft`~.~' , • ~ Environmental Project Services, In • t=' ' y.. Explorer Insurance Company • ,' . ~y~,.', x;999' 'ra .. .:, . . • Veronica L. Pratt, Attorney in Fact 02 329 On State Of California COUnty Of San Bernardino September 23, 2002 before me, Penelope A. Gross NAME. TITLE OF OFFICER ~ E.G.. -JANE DOE, NOTARY PUBLIC' DATE personally appeared Veronica L. Pratt NAME(S) OF SIGNER(S) ^ personally known to me - OR - ^ 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/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. PENELOiE A. GROSS WITNESS my hand and official seal. CortxrJalbn 11313132 ~ N ~ Notary Publk • California w San Berrrordino County .x,41 f ~~ '~ , ~~_~~ M Comm. Expires JuN 13, 2005+ SIGNATURE OF NOTARY 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 of this form. CAPACITY CLAIMED BY SIGNER ^ INDIVIDUAL ^ CORPORATE OFFICER TITLE(S) ^ PARTNER(S) ^ LIMITED ^ GENERAL ® ATTORNEY•IN-FACT ^ TRUSTEE(S) ^ GUARDIAN/CONSERVATOR ^ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITYQES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE a'969D (4/94) No. 0002928 ICW GROUP Q ~ ~ ry Power of Attorney G Imurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS. That Insurance Company of the West, a Corporation duly organised under the Lws of the State of California, The Ezplorer Innocence Company, a Corporation duly organized under the laws of the State of Arizona, end Independence Casualty end Stuery Company, a Corporation duly organized order the laws oCthe State of Texas, (collectvely referred to as the "Companies', do hereby appoint VERONICA L. PRATT, MATTHEW C. 31'ELTY, GEORGE J. BL'RCHFIEL they true end lawful Attorney(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity end surety bands, undemkings, and other similar contracts of suretyship, end any related documents. IN WITNESS WHEREOF, the Corrrpvnies have caused these presents to be executed by its duly authorized otficces this 16th day of January, 2001. ~"'"ta. taa q 'ub ~O7 •p Naaa q4 /t ~ ~ ~~i ~~~ SEAL n !~%Aq(~V~~( ~t.Ma w .' g: o ~•'~oae D1 e ana'aaR(^4 D' 4'a a'-~ John H. Craig, Assistant Secretary LNSLR?,NCE COMPANY OF THE WEST THE EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY John L. Hanntmm, Execttive Vice President State of California Cowry of Sin Diego ~ gS. On Jnnunry 16, 2001, before me, Norma Porter, Notary Public, personally appeared John L. Hawum e~ John H. Craig, persomlly known to me m be the peaom whose rumen are subscribed to the within inswment, and acknowledged to me that thry ezxufed the same m their authorized capacities, zed tlvt by they sigmturcs on the instrumrnt, dte entity upon behalf of whch the persons acted, executed the instrument. Witness my hand and official seal. NORMA PORTER COMM-#1257540 r~ y rATM1V %1BUFCKa'ORWA fd U SAN OIE,r+000~1NTV rl ` y m,awn xrirec i./)l„A'tr/'Iw. ' MNRCH 19. Y004 t Norma Porter, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed end notarized with fecsvnile sigmtures and seals under authority of the following resolutions adopted by the respective Boards of Dvectoro of each of the Companies: "RESOLVED: That the President, sty Executive or Senior Vice President of the Company, togethce with the Secretary or any Assisfurt Sxreury, arc hereby authorized to execute Powers of Anomey appointing the person(a) named race Attorney(s)-in-Fact to date, execute, sign, xal, end deliver on lxhalf of the Company, fidelity and surety bonds, wdertakings, and other similar contacts of suretyship, and any related doaurronn. RESOLVED FURTHER: That the sigmturcs of the officero making the appointment, and the sigmture of any officer acetifying the validity and current slatua of tlx appointment, maybe fecahnile rcpresrntetions of those aigmlurcs~, end the aigmturc and xal of any notary, and the seal of the Company, may be facsimile reprcsenutiom of those sigmturcs end seals, and such facsimile reprcsenptiom shall have the snore force end effect as if manually affixed. The facsimile represrntatiom referred to herein may be affixed by stamping, prinCng, typing, or photocopying." C13iTff'ICATE I, the wdeaigned, A&Slatam Secretary of Insurance Company of the West, The Ezplorer Insurence Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, end has not been rewked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in full force. W WITNESS WHEREOF,Ihave set my nand thin 23rd day of Septs:nber 2007_ John H. Craig, Assistant Secretary To verify the authenticity of [Iris Power of Aaomey you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above mined individual(s) and deNils of the hood to which the power is attached. For information or fding claims, pleau contact Surety' Claims, IC W Group, 11455 EI Cemva Real, Sen Diego, CA 92130-2045 or cell (858) 350-2400. A2 329 02 329 CONFLICT OF INTEREST 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, of its designees or agents, no member of the governing body of the City of San Bernazdino, and no other public official of such locality who exercise any functions or responsibilities with respect to the ROAD CLOSURE, during his tenure or for one yeaz 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: PENNSYLVANIA STREET AT 19TH STREET CI-1 02 329 02 329 CONTRACT AGREEMENT THIS AGREEMENT, made this day of /1/(J/ (;2 2002, by and between the City of San Bernardino, owner (hereinafter "City"), acting herein through its Ciry Engineer, and STRIhE OUT (a corporation) INAPPLICABLE TERMS (ai~lBal' ~~._.~N= Aaa~,~lo ca .ga~o~ .4- ~PL , of~L~~~~.N~~IiN~s County of Siq'rJ ~l~/4~/~~1/~'S and ~ ^c~~r I , State of !~` L (~(~/\~) ~ (hereinafter "Contractor"). WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the CITY (owmer), the CONTRACTOR hereby agrees with the CITY to commence and complete the construction described as: ROAD CLOSURE FOR PENNSYLVANIA STREET AT 19T" STREET E. D. A. NO. 02-8069061 Hereinafter called the project, for the sum of ~T`I~+FWS~IYJ}EIGNT~{U(~fDl(Ebt~~N/uE1Y~ dollars ($ ~0 t SAO pO) and all extra work in connection t erewith, under the terms as stated in he 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 Bid, 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 aze made a part thereof and collectively evidence and constitute the contract. The Contractor hereby agrees to continence work under this contract on or before a date to be specified in a written "Notice to Proceed" of the City and to fully complete the project within 20 working days thereafter. The Contractor further agrees to pay, as liquidated damages, the sum of $500.00 for each consecutive calendar day in finishing the work in excess of the number of working days prescribed above. C-1 02 ?29 CONTRACT AGREEMENT: ROAD CLOSURE FOR PENNSYLVANIA STREET AT 19T" STREET, E. D. A. NO. 02-8069061 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 first above mentioned. (SEAL) ATTEST: City Clerk (SEAL) INCORPORATED February 22, 1999 ~ Secretary ~ ~ Witness Contractor By Title 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. PF~NMAN, City Attorney By: C-2 City of San Bernardino 02 329 02 >~~ 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". I. Documents II. 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 and Part 5) -- Includes: Copeland "Anti- Kickback" Act and Davis-Bacon Provisions. * Article 40 USC -Section 327 -- Contract Work Hours and Safety Standards Act -- Established standards for hours of work and overtime pay. * Excerpts from the California Labor Code Relating to Apprentices on Public Works -- The use of apprentices under State regulations, is described in this document. * 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-I 02 '29 * Documents requiring signature under this section include: (a) Contractor's Certification Concerning Labor Standards and Prevailing 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) III. Etc ual Emnlovment Reeulations -This section contains Federal Equal opportunity requirements regazding construction and non-construction contracts. * Affirmative Action Compliance Guidelines for Construction and Non-Construction Contractors -- Prior to being awarded the contract, the selected contractor an subcontractor(s) who meet the guideline criteria for filing, must complete and submit the Affirmative Action Plan. This provision generally applies to contracts and subcontracts in excess of $10,000. (Authority -Executive Order 11246 as amended by Executive Order 11375 and Executive Order 11246 as amended by Executive Order 11375 and Title 41 -- Public Contracts and Property Management, Part 60). The following applies to all contracts and subcontracts with a value in excess of $10,000.00 unless otherwise noted. * Equal Opportunity Requirements -- Includes a summary of Equal Opportunity requirements all contractors and subcontractors aze subject to comply with regazdless 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 02 329 * Documents requiring signature under this section include: a) Certification of Bidder Regazding Equal Employment Opportunity. b) Certification By Proposed Subcontractor Regazding 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. IV. Bonding and Insurance Requirements -- This section is contained in "(1) Documents", and contains the muumum bonding requirements for construction service contracts. a) Form of Bid Bond -- This is an example of the bid guazantee 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. V. Supplemental General Conditions -- This item is contained in "(1) Documents", and contains special federal requirements. a) Certification of Compliance With Air and Water Acts -- The prime contractor and all subcontractors must comply with this certification when the contract exceeds $100,000. VI. U S Dept of Housing and Urban Development -- Standards of Conduct -- (Self-explanatory) In addition to the above, contractors will be required to submit various weekly reports as noted in the "(1) Documents" section. CP-3 02 329 02 329 DOCUMENT LIST (A) CONTRACTOR DOCUMENTS TO BE SUBMITTED WITH BID 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 Regarding Equal Employment Opportunity -- (Authority -Executive Order 11246 as amended). 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 LD. 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 3 and 5, and Federal Labor Standards Provisions -- HUD-4010). 2. Certification by Proposed Subcontractor Regarding Equal Employment Opportunity -- To be provided by all subcontractors. (Authority -Executive Order 11246 as amended). 3. Section 3 Clause with Certification -- To be provided by Contractor and all Subcontractors. (Authority -cited in text of clause). 4. Contract Compliance Qualifying Report for Construction Contractors and Vendors -- To be submitted by Contractor for all projects with a value of SIQ000.00 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.) DL-1 02 329 5. Affirmative Action Policy for Contractors and Vendors -- To be submitted by Contractors and Subcontractors with contract and subcontracts valued at $10,000.00 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 Practices 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 $100,000.00 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 prior to construction.) WEEKLY 1. Contractor Certified Payroll Reports -- (Payroll Form WH-347). (Authority -Title 29 CFR, Parts 3 and 5). WEEKLY 2. Certified Payroll Reports (Payroll Form WH-347) for all Subcontractors with subcontracts. (Authority -Title 29 CFR, Parts 3 and 5). WEEKLY 3. Weekly Reports of Subcontractors on site. DL-2 02 329 02 329 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 the Public Works Construction, 2002 Edition, and City of San Bernardino Standard Drawings, insofar as the same apply and in accordance with the following Special Provisions. 1-1.02 DEFINITIONS -- Whenever in the Standard Specifications the following terms are used, they shall be understood to mean and refer to the following: Agency - The City of San Bernardino. Board - The Mayor and Common Council for the City of San Bernardino. Engineer - The City Engineer, Division of Public Works, Department of Development Services for the City of San Bernardino. Laboratory - The laboratory to be designated by the City of San Bernardino to test materials and worked involved in the contract. Notice Advertising for Bids Notice Inviting Bids. Standard Specifications Standard Specifications for Public Works Construction. sr-i o ~ ~ ~r~ 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 conflict between the Standard Specifications, and these Special Provisions, the Special Provisions will take precedence over and be used in lieu of such conflicting portions. sr-z 02 ?29 SECTION 2 2-1 BID REQUIREMENTS AND CONDITIONS 2-1.01 GENERAL -- Bids must submitted on the bid form contained herein. All bids shall be signed, sealed and accompanied by cash, cashier's check or bid bond made payable to the City of San Bernardino, in the amount of ten percent (10%) of the bid. Such cash, check or bond shall be given a guarantee that the bidder will enter into the contract, if awarded to him. In the event the bidder, to whom the contact 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 bid guarantee of 10% of the bid shall be paid to the City as a forfeiture. Bid bonds shall be underwritten by a surety company having a rating 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. 95-409 of the Mayor and Common Council of the City of San Bernardino, on 11-20-95. This outreach program superseded Resolution No. 93-411 and the Standard Operation Procedures dated January 1994. Bidder's outreach efforts (good faith efforts) must reach out to MBEs, WBEs and all other business enterprises. Prime bidders could reasonably be expected to produce a level of participation by interested subcontractors of 15 % MBE and 5 WBE on this project. Bidders shall make every reasonable effort to solicit bids from MBE/WBEs. A justification shall be provided to support the rejection of any bid from a minority or women's business enterprise, certified by Caltrans. SP-3 02 ~~~ POLICY MINORITY, WOMEN AND OTHER BUSINESS ENTERPRISES AND CITY PROCUREMENTS It is the policy of the City of San Bernardino to provide Minority Business Enterprises (MBEs), Women Business Enterprises (WBEs) and all other enterprises an equal opportunity to participate in the performance of all City contracts. Bidders shall assist the City in implementing this policy by taking all reasonable steps to ensure that all available business enterprises, including local MBEs and WBEs, have an equal opportunity to compete for and participate in City contracts. Bidders' good faith efforts to reach-out to MBEs, WBEs and all other business enterprises shall be determined by the following factors: (1) The bidder attended pre-solicitation or pre-bid meetings, if any, scheduled by the City to inform all bidders of the requirements for the project for which the contract will be awarded. The City may waive this requirement if the bidder certifies it is informed as to those project requirements. (2) The bidder identified and selected specific items of the project for which the contract will be awarded to be performed by sub-contractors to provide an opportunity for participation by MBEs, WBEs and other business enterprises. The bidder shall, when economically feasible, divide total contract requirements into small portions or quantities to permit maximum participation of MBEs, WBEs and other business enterprises. (3) The bidder advertised for bids from interested business enterprises not less than ten calendar days prior to the submission of bids, in one or more daily or weekly newspapers, trade association publications, minority or trade oriented publications, trade journals, or other media specified by the City. (4) The bidder provided written notice of its interest in bidding on the contract to those business enterprises, including MBEs and WBEs, having an interest in participating in such contracts. All notices of interest shall be provided not less than ten calendar days prior to the date the bids were required to be submitted. In all instances, SP-4 02 a29 the bidder must document that invitations for sub-contracting bids were sent to available MBEs, WBEs and other business enterprises for each item of work to be performed. The Mayor's Affirmative Action Office shall be available to help identify interested MBEs, WBEs and other business enterprises. (5) The bidder documented efforts to follow up initial solicitations of interest by contracting the business enterprises to determine with certainty whether the enterprises were interested in performing specific portions of the project. (6) The bidder provided interested enterprises with information about the Plans, Specifications and requirements for the selected sub-contracting work. (7) The bidder requested assistance from organizations that provide assistance in the recruitment and placement of MBEs, WBEs and other business enterprises not less than fifteen days prior to the submission of bids. (8) The bidder negotiated in good faith with interested MBEs, WBEs and other business enterprises and did not unjustifiably reject as unsatisfactory bids prepared by any enterprises, as determined by the City. As documentation the bidder must submit a list of all sub-bidders for each item of work solicited, including dollar amounts of potential work for MBEs, WBEs and other business enterprises. (9) The bidder documented efforts to advise and assist interested MBEs, WBEs and other business enterprises in obtaining bonds, lines of credit, or insurance required by the City or Contractor. If the City has established expected levels of participation for MBE and WBE sub- contractors, failure to meet those levels shall not be a basis for disqualification of the bidder. A determination of the adequacy of a bidders' good faith effort must be based on due consideration of the indicia of good faith as set forth above. In the event that the City is considering awarding away from the lowest bidder or not awarding a contract to a propose because the bidder is determined to be non- responsive for failure to comply with the good faith indicia set forth above, the City shall, if requested, and prior to the award of the contract, afford the bidder the opportunity to present evidence to the Mayor and Common Council in a public hearing of the bidders' good faith efforts in making its outreach. In no case should the City award away SP-5 02 329 pursuant to this program if the bidder makes a good faith effort but fails to meet the expected levels of participation. For the purposes of this Policy, "minority" shall be synonymous with "minority person" as defined in California Public Contract Code Section 2000(f). Nothing herein restricts the discretion of the City to reject all bids in accord with Charter Sections 140 and 238 or Chapter 3.04 of the San Bernardino Municipal Code. The directions set forth herein shall take effect immediately, and all City Departments shall modify their implementation programs to the extent such programs are inconsistent with this policy. SP-6 02 329 SECTION 3 THROUGH SECTION 5 BLANK SP-7 o~ ~ ~s SECTION 6 6-1 GENERAL 6-1.01 INCREASED OR DECREASED QUANTITIES -- If the total pay quantity of any item of work subject to the provisions in Section 3-2.2.1, (which is hereby amended), "Contract Unit Prices" ,"increased or decreased quantities", of the Standard Specifications varies by more than 25 percent, compensation payable to the Contractor will be determined in accordance with said Section 3-2.2.1 and these Special Provisions. When the compensation payable for the number of units of an item of work performed in excess of 125 percent of the Engineer's Estimate is less that $1,500.00 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 less than 75 percent of the Engineer's Estimate, therefor, 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. The payment of the total pay quantity of such item of work will in no case exceed the payment which would be made for the performance of 75 percent of the Engineer's Estimate of the quantity at the original contract unit price. 6-1.02 SOUND CONTROL REQUIREMENTS -- Sound control shall comply with Chapter 8.54 of the City of San Bernardino Municipal Code and these Special Provisions. The noise level from the Contractor's operations between the hours of 9:00 p.m. and 6:00 a.m. shall not exceed 86 dbA at the distance of 50 feet. This requirement in no way relieves the Contractor from responsibility for complying with local ordinances regulating noise levels. SP-8 02 ~z~ Said noise level requirements shall apply to all equipment on the job or related to the job, including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel. 6-1.03 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) REQUIREMENTS -- The Contractor shall comply with all the NPDES requirements pursuant to the State Water Resources Board and to the Caltrans Storm Water Quality handbooks to prevent pollutant sources affecting the quality of storm discharge from the construction site, both during construction and after construction completion. This information is available for review at the City Engineer's office, Third Floor, San Bernardino City Hall, 300 North "D" Street, San Bernardino, CA 92418. 6-1.04 PERMITS AND LICENSE -- The Contractor shall obtain a City Business Registration prior to the execution of the contract. 6-1.05 EXTRA WORK AND MARKUP -- Any extra work done shall conform to the provisions of Section 3.3, "Extra Work", of the Standard Specifications, subject to the restrictions of Section 20452 and 20455 of the Public Contract Code. A. Work by Contractor The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor 20% 2) Material 15% 3) Equipment Rental 15% 4) Other items and Expenditures 15% To the sum of the costs and markups provided for in this subjection, compensation for bonding shall be at the rate specified by the bonding company. B. Work by Subcontractor When all or any part of the extra work is performed by a Subcontractor, the markup established above shall be applied to the Subcontractor's actual cost of such work, also a markup of SP-9 02 .~29 10 % on the first $5,000.00 of the subcontracted portion of the extra work and a markup of 5% on work added in excess of $5,000.00 of the subcontracted portion of the extra work maybe added by the Contractor. 6-1.06 HOLIDAYS WORKING DAYS AND HOURS -- The Contractor's activities shall be confined to the hours between 7:00 a.m. and 4:30 p.m., Monday through Friday, excluding holidays, as defined in this section. Deviation from these hours will not be permitted without the prior consent of the Engineer, except in emergencies involving immediate hazard to persons or property. No traveled lane shall be closed during rush hour, 7:00 a.m. to 8:30 a.m. and 4:30 p.m. to 6:00 p.m., unless approved by the Engineer. The Contractor shall coordinate with the Engineer regarding working hours prior to start of construction. Deviation from these hours will not be permitted without the prior consent of the Engineer, except in emergencies involving immediate hazard to persons or property. In the event of either a requested or emergency deviation, inspection service fees will be charged against the Contractor. The service fees will be calculated at overtime rates, including benefits, overhead and travel time. The Contractor will coordinate inspections with the Public Works Inspector 24 hours prior to any work being done during evenings or Saturdays. Designated legal Holidays are: January 151, the third Monday in January, the third Monday in February, the last Monday in May, July 4"', the first Monday in September, November 11`h, Thanksgiving Day and the Friday following, December 25`h and the business day preceding or following (as directed by the Mayor and Common Council) and the last business day of the year. When a designated legal holiday falls on a Sunday, the following Monday shall be a designated legal holiday. When a designated legal holiday falls on a Saturday, the preceding Friday shall be designated a legal holiday. SP-10 02 329 6-1.07 PAYMENTS -- Attention is directed to Section 9-3, "Payments", and 9-3.2, "Partial and Final Payment", of the Standard Specifications and these Special Provisions. No partial payment will be made for any materials which are furnished but not incorporated in the work. The Contractor shall submit "As Built" project drawings to the Construction Engineer (City) prior to the release of final payment and/or bonds. 6-1.08 PROJECT APPEARANCE -- The contractor shall maintain a neat appearance to the work. In any area visible to the public, the following shall apply: When practicable, broken concrete and debris developed during clearing and grubbing shall be disposed of concurrently with its removal. If stockpiling is necessary, the material shall be removed or disposed of weekly. 6-1.09 DISPOSAL OF EXCESS EXCAVATED OR REMOVED MATERIAL -- Unless otherwise specified, all excess excavation or removed material shall become the property of the Contractor and shall be disposed of by him away from the site of the work. 6-1.10 ATTORNEYS' FEES -- The prevailing party in any legal action to enforce or interpret any provisions of this Agreement will be entitled to recover from the losing party all attorneys' fees, court costs and necessary disbursements in connection with that action. The costs, salary and expenses of the City Attorney and members of his office, in connection with that action, shall be considered as attorneys' fees for the purposes of this Agreement. 6-1.11 PAYMENT -- 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-t t 02 329 SECTION 7 7-1 UTILITIES 7-1.01 GENERAL -- The location of all utility substructures that may affect the work shall comply with Section 5, "Utilities", of the Standard Specifications and these Special Provisions. Certain companies, governmental agencies, or their contractors may be working within the construction area. Certain utility facilities at various locations within the project limits may be removed, relocated, abandoned, or installed by companies' agencies' contractors. The Contractor shall exercise due caution to prevent any damage to/or movement of these utility facilities. Listed below are the utilities that may be affected, with the designated contact person: 1. SOUTHERN CALIFORNIA EDISON COMPANY 287 Tennessee Street Redlands, CA 92373 Phone: (909) 307-6759 Attn: Ben Murguia 2. SOUTHERN CALIFORNIA GAS COMPANY 1981 West Lugonia Avenue Redlands, CA 92373 Phone: (909) 335-7847 Attn: Sam Martin 3. SAN BERNARDINO MUNICIPAL WATER DEPARTMENT 300 North "D" Street San Bernardino, CA 92841 Phone: (909) 387-7224 Attn: Ellis Williams SP-12 02 329 4. GTENERIZON Verizon Communications 1960 Orange Tree Lane, Suite 100 Redlands, CA 92374-2803 Phone: (909) 748-6648 Phone: (909) 784-6647 5. AT & T OSP Engineering, Cable Maintenance & Row 360 E. Alessanadro Blvd. Riverside, CA 92508-2402 Attn: Chuck Austin Attn: Terry Dietz Office Phone: (909) 776-3914 Rubin Martinez Office Phone: (909) 776-3907 Franko Juaregui, Supvr Office Fax: (909) 776-3910 6. PACIFIC BELL COMPANY Right-of--Way Agent 3939 E. Coronado Street, 2nd Floor Anaheim, CA 92807 Phone: (714) 999-5454 Attn: Lary Todd 7. U.S. SPRINT COMMUNICATIONS Attn: Outside Plant Engineering 282 South Sycamore Street Rialto, CA 92376 Phone: (909) 874-7450 Attn: Lynn Durrett 8. MCI WORLDCOM Pacific Division 157 S. Lilac Avenue Rialto, CA 92376 Phone: (909) 421-5003 Attn: Jim Yoder SP-13 02 329 9. MCI WORLDCOM National Support/Investigations Dept. 2855 Loc 642 2250 Lakeside Boulevard Richardson, TX 75082 Phone: 10. ADELPHIA 1205 South Dupont Avenue Ontario, CA 91760-1536 Phone: (909) 988-2985 11. ADELPHIA 1722 Orange Tree Lane Redlands, CA 92373 Phone: (909) 798-3588 Atm: Jack Hays Atm: Tim Marshall 12. EAST VALLEY WATER DISTRICT 1155 North Del Rosa Avenue San Bernardino, CA 92410 Phone: (909) 888-8986 Atm: Ig Seifert 13. CHARTER COMMUNICATIONS Construction Supervisor 7337 Central Avenue Riverside, CA 92504 Phone: (909) 359-8989 Atm: Chris Leese 14. TIME WARNER 521 W. Rialto Avenue Rialto, CA 92376 Phone: (909) 877-8905 Atm: Barry Waer SP-14 fl2 329 I5. WEST SAN BERNARDINO COUNTY WATER 855 W. Baseline Street Rialto, CA 92376 Phone: Atm: Don Hanna 16. SAN BERNARDINO COUNTY COMMUNICATIONS 777 E. Rialto Avenue San Bernardino, CA 92415-0740 7-1.02 PAYMENT -- Full compensation for conforming to the requirements of this Section, not otherwise provided for, 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-15 42 ~~~ SECTION 8 8-1 DESCRIPTION OF WORK 8-1.01 DESCRIPTION -- The work to be done consists, in general, of mobilization, performing clearing and grubbing, saw cutting existing curbs and sidewalks, removing concrete, removing A.C. pavement, performing unclassified excavation and unclassified fill, constructing Portland Cement Concrete curb and gutter, driveways, sidewalk, placement of A.C. pavement, and such other items or details, not mentioned above, that are required by the Plans, Standard Specifications, or these Special Provisions shall be performed, placed, constructed or installed. 8-1.02 CLEAN UP AND DUST CONTROL -- Clean up and dust control shall conform to provisions in Section 7-8.1, "Clean Up and Dust Control", of the Standard Specifications. The Contractor shall water down the site during periods of high winds as directed by the Engineer, including periods when the work is not actually in progress. Failure to respond to a directive to water the site in a prompt manner will result in the City making other arrangements to have this item of work done and the costs billed to the Contractor, or it shall be paid for by the Contractor as a deduction from his contract. 8-1.03 PROJECT LOCATION -- 19TH STREET AT PENNSYLVANIA AVENUE The work to be done shall include furnishing all materials, equipment, tools, labor, taxes and incidentals as required by the Contract Documents to construct the project. SP-16 02 329 Addenda issued during the time of bidding shall become a part of the documents furnished to all bidders for the preparation of bids, shall be covered in the bids, and shall be made a part of the contract. Each Bid shall include specific acknowledgement in the space provided of receipt of all Addenda issued during the bidding period. Failure to so acknowledge may result in the Bid being rejected as not responsive. 8-1.04 PRE-BID INQUIRIES -- If there are any questions regarding this project, please contact: City Engineer's Office San Bernardino City Hall 300 North "D" Street, 3~a Floor San Bernardino, CA 92418 Attention: Robert Sepulveda, Associate Civil Engineer Re: Road Closures for 19~h Street at Pennsylvania Street Tel: (909) 384-5167 Fax: (909) 384-5155 E-Mail: Sepulveda_ro@ci.san-bernardino.ca.us SP-17 D2 32~ SECTION 9 9-1 TRAFFIC CONTROL 9-1.01 GENERAL -- Attention is directed to Section 7-10, "Public Convenience and Safety", of the Standard Specifications for Public Works Construction, 2002 Edition and these Special Provisions. Warning signs, lights, and devices for use in performance of work upon highways shall conform to the "Manual of Traffic Controls", 2000 Edition, published by the State of California, and the "Work Area Traffic Control Handbook", 2000 Edition, adopted by the City of San Bernardino, California. All temporary traffic striping shall be done by the Contractor. Also place temporary tape on all crosswalks. The Contractor shall so conduct his operations as to offer the least possible obstruction and inconvenience to the public. Convenience access to abutting properties shall be maintained whenever possible and as directed by the Engineer. The full width of the traveled way shall be open for use by public traffic on Saturdays, Sundays, and designated legal holidays, after 3:00 p.m. on Fridays and the day preceding designated legal holidays, and when construction operations are not actively in progress on working days. Personal vehicles of the Contractor's employees shall not be parked on the traveled way at any time. The Contractor shall notify local authorities of his intent to begin work at least five (5) days before work is begun. The Contractor shall cooperate with local authorities relative to handling traffic through the area and shall make his own arrangements relative to keeping the working area clear of parked vehicles. All places of business and residences along the streets that are within the limits of any work shall be notified by the Contractor in writing at least five (5) days prior to commencement of work. This notification shall explain the sequence of work and indicate any restrictions of access. Verbal notification shall be given to all SP-18 02 s~~ places of business and residences at least 18 hours in advance of commencing work that will affect access to and from their properties. 9-1.02 TURN RESTRICTIONS -- The Contractor shall post appropriate signs restricting turns when directed to do so by the Engineer. 9-1.03 PARKING RESTRICTIONS -- Unless otherwise provided herein, the Contractor may post temporary "NO PARKING" signs within the azea of work as required to facilitate construction operations, subject to approval of the Engineer. 9-1.04 TRAFFIC LANES -- Traffic lanes shall have a minimum width of 10 feet. A minimum shoulder width of 2 feet shall be provided adjacent to curbs, posts and other similar obstructions, and 5 feet shall be provided adjacent to any excavation, unless otherwise authorized by the Resident Engineer. 9-1.05 PUBLIC CONVENIENCE -- During the progress of work, adequate provisions shall be made by the Contractor to accommodate the normal vehicular and pedestrian traffic along streets, roads, and highways, immediately adjacent to or crossing the work, so as to cause a minimum of inconvenience to the general public. 9-1.06 LANE CLOSURE -- The Contractor shall not close more than one (1) lane at a time, and shall not exceed one (1) block in length at a time. The Contractor shall submit traffic control plans and obtain written approval from the Traffic Engineer Prior to lane closure. The Contractor shall famish, install, and upon completion of the work, remove all signs and warning devices required for directing, protecting, and detouring the public during construction. Emergency vehicles shall be permitted access at all times to any street. Unless otherwise authorized by the Engineer, pedestrian access shall be permitted to pass through the work area, or an approved detour shall be provided. Safe and adequate pedestrian access to all business establishments shall be continuous and unobstructed unless otherwise approved by the Engineer. SP-19 02 3~9 9-1.07 PAYMENT -- Full compensation for furnishing and installing signs, lights, flares, barricades and other traffic control devices necessary to expedite passage of public traffic through the work area shall be considered as included in the prices paid for the various contract items or work involved, and no additional compensation will be allowed therefor. The provisions in this Section maybe modified or altered if, in the opinion of the Engineer, public traffic will be better served and work expedited. Said modifications or alterations shall not be adopted until approved in writing by the Engineer. SP-20 02 X29 SECTION 10 10-1 MOBILIZATION 10-1.01 GENERAL -- Mobilization shall comply with the requiranents of Section 9-3.4, "Mobilization", of the Standard Specifications. 10-1.02 PAYMENT -Full compensation for "Mobilization" shall be considered as included in the prices paid for the various contract items, and no additional compensation will be allowed therefor. SP-21 02 329 11-1 CLEARING AND GRUBBING UNCLASSIFIED EXCAVATION AND UNCLASSIFIED FILL 11-1.01 GENERAL -- Clearing and grubbing, unclassified excavation and unclassified fill shall comply with Section 300-1, "Clearing and Grubbing", Section 300-2, "Unclassified Excavation", and Section 300-4, "Unclassified Fill", of the Standard Specifications and these Special Provisions. Clearing and grubbing shall include, but not be limited to the following items as shown on the Plans or as specified in the Special Provisions. The following items shall be classified as clearing and grubbing: 1. Removing concrete curb & gutter, and sidewalk as shown on the Plans, including saw cutting, and as directed by the Engineer. 2. Removing asphalt concrete pavement as shown on the Plans, including saw cutting, and as directed by the Engineer. 3. Removing existing Rl sign and street name sign, as shown on the Plans, and as directed by the Engineer. 4. Removing block wall with footings. All removed concrete and other materials shall become the property of the Contractor and shall be disposed of outside of the right-of--way in accordance with Section 300-2.2, "Unsuitable Materials", and Section 300-2.6, "Surplus Material", of the Standard Specifications. Where unclassified fill and grading is necessary in preparation for laying concrete, it shall be made with clean earth which shall be solidly compacted to avoid future settlement. The Contractor shall grade the roadway as required, provide all unclassified excavating and unclassified fill necessary for curbs, gutters, cross gutter and apron, sidewalk, driveways, and paving, as indicated on the Plans and described in these SP-22 02 32~ Subgrade for asphalt concrete shall be compacted to a relative density of not less than 95%, for a depth of not less than 0.50 feet. Outside the traveled way, in areas to receive concrete, soil shall be compacted to a relative density of not less than 95%. 11-1.02 PAYMENT -- The lump sum price paid for, "Clearing and Grubbing", shall be considered as full compensation for doing all the work involved in clearing and grubbing, and no additional compensation will be allowed therefor. Cost of compaction testing ordered by the Engineer shall be paid for in the following manner: 1. Tests which do not meet the required relative compaction shall be paid for by the Contractor, as a deduction from his contract. 2. Tests which do meet the required relative compaction will be paid for by the City. SP-23 a~ ?~~ SECTION 12 BLANK SP-24 02 329 SECTION 13 13-1 ASPHALT CONCRETE 13-1.01 GENERAL -- Asphalt concrete shall comply with the requirements of Section 203-6, "Asphalt Concrete", and Section 302-5, "Asphalt Concrete Pavement", of the Standard Specifications and these Special Provisions. Class and grade of asphalt concrete shall be C2-AR-4000. 13-1.02 PAYMENT -- The contract unit price paid per ton for "Asphalt Concrete Pavement", shall include full compensation for doing all the work involved in placing material, for roadway, and 2' minimum feather, including the application of tack coat, as designated on the Plans, and as directed by the Engineer, and no additional or separate compensation will be allowed therefor. SP-25 02 329 SECTION 14 THROUGH SECTION 15 BLANK SP-26 02 329 SECTION 16 16-1 PORTLAND CEMENT CONCRETE 16-1.01 GENERAL -- Portland Cement Concrete construction shall comply with Section 201-1, "Portland Cement Concrete", and Section 303-5, "Concrete Curb, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps and Driveways", of the Standard Specifications, as shown on the Plans, Standard Drawings and these Special Provisions. Portland Cement Concrete shall be Class 520-C-2500, with a maximum slump of four (4) inches. 16-1.02 BLANK 16-1.03 BLANK 16-1.04 CONSTRUCT P.C.C. SIDEWALK -- Construct P.C.C. sidewalk in accordance with the City's Standard Drawing No. 202, and as directed by the Engineer. The sidewalk unit cost shall include all costs associated with the forming of access ramps. 16-1.05 PAYMENT -- The contract unit price paid per square foot for "P.C.C. Sidewalk", shall include full compensation for doing all the work involved in constructing the sidewalk including all costs associated with the fornung of access ramps as shown on the Plans, and as directed by the Engineer, and no additional compensation will be allowed therefor. 16-1.06 CONSTRUCT P.C.C. CURB & GUTTER -- Construct P.C.C. curb and gutter, in accordance with the City's Standard Drawing No. 200, Type "B", and American Public Works Association Standard Drawings No. 121-1, Type B2-150(6), and as directed by the Engineer. 16-1.07 PAYMENT -- The contract unit price paid per lineal foot for "P.C.C. Curb & Gutter, Type "B", and P.C.C. Curb and Gutter, Type B2-150(8)", shall include full compensation for doing all the work involved in constructing the curb & gutter as SP-27 0? ?29 shown on the Plans, and as directed by the Engineer, and no additional compensation will be allowed therefor. Asphalt concrete that is used to fill the area from the Contractor's operations (area that is left after removing concrete forms from gutter face) shall be considered as part of Section 7.9, and no additional compensation will be allowed therefor. SP-28 02 329 SECTION 17 17-1 LANDSCAPE PLANTING MATERIALS 17-1.01 BLANK 17-1.02 UTILITIES -- Prior to excavation for planting or placing of stakes, locate all utilities, electrical cables, conduits, sprinkler lines, heads, valves and valve control wires, and all utility lines so that proper precautions may be taken not to damage such improvements. In the event of a conflict between such lines and plant locations, promptly notify the Engineer who shall direct relocation for one or the other. Failure to follow this procedure places upon the Contractor the responsibility for, at his own expense, making any and all repairs for damages resulting from work hereunder. 17-1.03 QUANTITIES AND TYPES -- Plant materials shall be famished in the quantities and/or spacing as shown or noted for each location, and shall be of the species, kinds, sizes, etc., as symbolized, and/or described in the "LEGEND", as indicated on the drawings. The Landscape Contractor is to verify all sizes and quantities on Plans. Contractor shall also conform to conditions under "Verification of Dimensions and Quantities" section within these Special Provisions. 17-1.04 SUBSTITUTIONS -- Any plant material or any development materials specified by trade name or equal, shall be according to these Plans and Special Provisions. Installation and use of substitute items shall not be made until the Contractor is in receipt of written approval from the City. Substitution proQosals for plant material must be accompanied by substantive written proof of non-availability of material originally specified. 17-1.05 VERIFICATION OF DIMENSIONS AND QUANTITIES -- All scaled dimensions are approximate. Before proceeding with any work, the Contractor shall carefully check and verify all dimensions and quantities and shall immediately inform the City of any discrepancy between the drawings and/or Specifications and SP-29 02 329 actual conditions. No work shall be done in any area where there is a discrepancy until approval for same has been given by the City. 17-1.06 CLEAN UP -- Upon completion of the work, the Contractor shall smooth all ground surfaces; remove excess materials, rubbish, debris, etc.; sweep adjacent streets, curbs, gutters, walkways, and trails; and remove construction equipment from the premises. 17-1.07 PAYMENT -- The contract unit price paid per each for installation of 5 gallon shrub, and 24" box tree, shall include full compensation for doing all the work involved in providing and installing shrub, complete in place, as indicated on the Plans and as directed by the Engineer, and no additional compensation shall be allowed therefor. SP-30 02 329 SECTION 18 18-1 ROADSIDE SIGNS 18-1.01 GENERAL -- Road side signs and posts shall be installed at the locations shown on the Plans or where directed by the Engineer, and shall conform to the Standard Specifications and these Special Provisions. Signs and posts shall be installed in accordance with the City's Standard Drawing No. 504, and as directed by the Engineer. New installation shall not impede into ADA access around obstacles. A minimum clearance of 48" shall be maintained. 18-1.02 PAYMENT -- The contract unit price paid per each for "Install One Sign on Single Post", and "Install Two Signs on Single Post", as shown on the Plans, shall include full compensation for doing all the work necessary to furnish and install roadside signs and posts, complete in place, and no additional compensation will be allowed therefor. SP-31 02 329 SECTION 19 BLANK SP-32 02 329 SECTION 20 20-1 22' SLIDING WROUGHT IRON GATE 20-1.01 GENERAL -- 22' sliding wrought iron gate shall comply with the requirements of Section 206-6, and Section 304-3, "Chain Link Fence", of the Standard Specifications, and these Special Provisions. Post footings, 12" diameter X18" depth. Concrete for post footings shall be Class 560-C-3250 with a maximum slump or four (4) inches. LAYOUT DETAIL ^ 22' ROLL GATE ^ -----X-----X-----^ 22' f ~ Y" SPAUn~ l%° sQUp~ TOP ~.~rral ,~f1iG iz [,.r. d~ ~ s©U/1/?E P/C.~'CTS. /ZGiG ,~JV/GL SAP A.eu w~.u~ PR~v~ __ ru s,.vr cos~~<~u~r~~.u 20-1.02 PAYMENT -- The lump sum price paid for " 22' Sliding Wrought Iron Gate", shall be considered as full compensation for doing all the work involved in furnishing and installing 22' sliding wrought iron gate, complete in place, including concrete footings, and no additional compensation will be allowed therefor. SP-33 02 329 SECTION 21 THROUGH SECTION 49 BLANK SP-34 02 329 SECTION 50 50-1 REMOVAL AND RESTORATION OF EXISTING IMPROVEMENTS EXCEPT STREET PAVEMENT 50-1.01 GENERAL -- All existing improvements (except utilities and street pavements) including, but not limited to curbs, gutters, crossgutters, spandrels, driveways, sidewalks, walls, fences, sprinkler systems, lawns, shrubs, trees, and traffic signs and traffic detector loops which are damaged or removed during the course of construction of the project shall be restored or replaced to a condition equal to or better than, in all respects, the existing improvements removed or damaged, unless otherwise specified or noted on the drawings. The removal and restoration of existing improvements shall be in accordance with the applicable provision of these Special Provisions, the Standard Specifications, Standard Drawing and the following requirements: 1. In the event a portion of curb, gutter or monolithic curb and gutter is damaged by the Contractor's operations, a minimum of 20 feet of curb, gutter or curb and gutter shall be removed and replaced regardless of how short a length is damaged. One end of said 10-foot section may be taken at a joint or scoring line and the other end shall be measured the minimum distance of 10 feet therefrom. If said 10 feet falls within 3 feet of a joint or scoring line, then the removal shall extend to said joint of scoring line. 2. Concrete sidewalk shall be removed in its entirety between scoring lines or between scoring line and joint. Prior to removal, scoring lines shall be sawcut. 3. If a concrete driveway is damaged and is a single monolithic structure, it shall be removed in its entirety and replaced. 4. If a concrete driveway is damaged and is monolithic with the sidewalk, it shall be set off from the sidewalk by a sawcut along the edge of the sidewalk. The driveway shall then be removed in its entirety and replaced. SP-35 02 329 5. If the roadside signs and posts are damaged during the construction, they shall be restored or replaced to a condition equal or better than the existing. 6. If existing fence is in conflict with the new construction, fence shall be relocated by the Contractor. Unless otherwise specified, all excess excavation or removed material shall become the property of the Contractor and shall be disposed of by him away from the site of work. 50-1.02 PAYMENT -- Full compensation for conforming to the requirements of this section, not otherwise provided for, 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-36 02 329 SECTION 51 THROUGH SECTION 58 BLANK SP-37 02 329 SECTION 59 MASONRY BLOCK WALL 59-1.01 MASONRY -- PART 1 -GENERAL 1. WORK INCLUDED A. Concrete unit masonry, complete, including reinforcing steel. 2. RELATED WORK A. Concrete footings. B. Anchors and miscellaneous metal items to be embedded in masonry: Pertinent Sections. 3. QUALITY ASSURANCE A. Codes and Standards: Comply with the following: 1. CRSI: Code of Standard Practice and Specifications for Placing Reinforcement. 2. Standard Specifications for Public Works Construction. 3. ANSI A44.2, American Standard Building Code Requirements for Reinforced Masonry. B. Tests and Inspections: 1. Concrete Masonry Units: Test in accord with ASTM C 140. SP-38 02 329 2. Mortar and Grout: Take one test sample of three each cylinders -and prisms for each days' work in accord with ASTM C172. 4. SUBMITTALS A. Mix Designs: 1. Submit mortar and grout mix design to the Engineer for approval. B. Certificates: 1. Submit manufacturer's certification that masonry units have been properly cured at the plant before shipment, and that they conform to specified requirements. 5. PRODUCT HANDLING A. Storage: 1. Stack masonry units under cover protected from exposure to the weather and from contact with soil. Store units on pallets. B. Protection: 1. Exercise care in handling all masonry to avoid chipping and breakage. Protect masonry materials from all damage. SP-39 na ~2s PART 2 -PRODUCTS 1. MATERIALS A. Masonry Units: 1. ASTM C90, Grade N hollow load-bearing units. Masonry units shall be manufactured with appropriate weight aggregates. a. Provide slump stone block. Block shall be 8"X8"X16" block. Provide open end block where required to match existing. b. Color: Standard Slump Stone to match existing. B. Portland Cement: 1. ASTM C150 standard Type I or Type II, low alkali. C. Lime: 1. ASTM C 207 hydrated, Type S. D. Mortar Sand: 1. ASTM C144 natural sand, clean and graded; not less than 5% shall pass the No.100 sieve. E. Pea Gravel: 1. ASTM C404 clean and graded, with not more than 5% passing the No. 8 sieve. F. Water: 1. Fresh, clean and potable, and free from harmful amounts of mineral and organism substances. SP-40 p2 32g G. Admixture for Grout: 1. Sike Grout Aid No. Chemical Company. 11 (Sika Mix 120) by Sida H. Reinforcing Steel: 1. Furnish and install reinforcing steel for block masonry in accord with Section 59-1.03. 2. MORTAR AND GROUT A. Mortar: 1. Type "S" in accord with UBC Chapter 24; minimum compressive strength at 28 days, not less than 1800 psi. Provide the following proportions (by volume): Portland Cement: 1 part Lime Putty: 1-1/2 parts Damp, loose sand: 3 to 4-1/2 parts B. Grout: 1. Minimum compressive strength at 28 days not less than 2,000 psi. Provide the following proportions (by volume): Portland Cement: 1 part Sand: 3 parts Pea Gravel: 2 parts C. Mixing: 1. Machine mix mortars, giving 2 minutes for the dry mix, and 3 minutes after water has been added. SP-41 02 329 PART 3 -EXECUTION 1. UNIT MASONRY CONSTRUCTION A. Erect wall straight, plumb and true, with all courses true to line and level and built to dimensions shown. Fill cells solid with grout. Lay blocks with as regular running bond except where otherwise noted on drawings. 1. With no exceptions, lay the open end of one masonry unit adjacent to the closed end of the next masonry unit. B. Joints: 1. Both vertical and horizontal joints shall be straight and true, uniformly 3/8" to ''/z" thick, with full mortar coverage at both vertical and horizontal joints. Tool all joints, both vertical and horizontal, with a steel tool to provide a dense slightly concave joint. C. Damaged Units: 1. Do not incorporate chipped or otherwise damaged units in the work. Cut out and replace all broken, cracked, or chipped block as directed by the Engineer. D. Keep cutting of units to a minimum; do all cutting with a masonry saw. E. Top surface of concrete foundations and other bed joints shall be clean, smooth concrete with aggregate exposed before start of laying. Sandblast tops of foundations, if necessary, to remove laitance for exposing aggregates in the concrete. SP-42 02 329 F. Keep foundation tops clean during the construction. Clean at least once aday.- Where block is to be laid on slabs, roughen and clean bed joints before laying first course. Apply an approved bonding agent to bed course. G. Vertical Cell Alignment: 1. Construct masonry to preserve the unobstructed vertical continuity of the cells. Vertical alignment shall be sufficient to maintain a clear, unobstructed vertical flue, measuring not less than 3 inches in all directions. H. Place vertical reinforcing bars prior to laying the wall; hold securely in place using standard reinforcing supports. Tie horizontal bars to vertical bars as the work progresses, and embed all horizontal bars in grout. I. Grouting: 1. The use of an admixture for the purpose of reducing water content may be permitted, subject to the Engineer's approval of the admixture, and provided the grout strength is not impaired. 2. Place grout by means of an approved grout pump, capable of handling at lease 12 cu. yd. per hour of the specified 3/8" maximum size aggregate mix, or other means approved by the Engineer. 3. Use a small internal vibrator for consolidation and reconsolidation. No puddling and/or tamping of grout will be allowed. J. Build all bolts, straps, hangers, inserts, and other anchorage devices required to support framing and other attachments unless otherwise indicated. Install all items as the masonry work progresses. SP-43 02 329 2. BLANK 3. CLEANING A. Using extreme care to prevent visible grout and mortar stains on exposed masonry surfaces. Keep surfaces continually clean as work progresses; if grout does run over, remove stains promptly. B. After erection and pointing, clean all masonry thoroughly with stiff brushes and water, followed by a thorough rinsing with clean water. 4. CURING A. Do not saturate masonry with water for curing and/or other purpose. A. When atmosphere is dry, damp wall surfaces with a very light fog spray for three (3) days to aid curing mortar joints. SP-44 02 329 59-1.02 CONCRETE -- PART 1 -GENERAL 1. WORK INCLUDED A. Cast-in-place concrete footing. 2. RELATED WORK A. Reinforcing Steel: Section 59-1.03 3. QUALITY ASSURANCE A. Allowable Tolerances: 1. Levels: Finish all surfaces true to 1/8" in 10 feet verified on a straight-edge in any direction with maximum high and low variance occurring in not less than 20 feet and with 1/16" maximum tolerance in any one running foot. B. Codes and Standards: 1. Except as modified by the requirements specified herein and/or the details on the Drawings, all work included in this Section shall conform to the applicable provisions of the following: a. Standard Specifications for Public Works Construction, latest Edition, Section 201-1. b. ACI "Building Code Requirements for Reinforced Concrete". c. Ready-mix Concrete: Mix and deliver in accord with ASTM C94 and UBC Standard 26-13. SP-45 02 329 C. Inspection: 1. The quality and quantity of materials used in transit mixed concrete, and in batched aggregates, shall be continuously checked by a qualified inspector at the location where the materials are mixed. 4. SUBMITTALS A. Test Reports: L Contractor shall notify the Engineer for arranging required testing before commencing concrete work. Submit mill tests and manufacturer's certification of compliance with ASTM specifications in lieu of testing of cement and aggregate analysis. 5. PRODUCT HANDLING A. Delivery: 1. Arrange delivery so that intervals between batches are kept to a minimum, and in any event not more than thirty (30) minutes. Do not add during transit or at the job without the Engineer's approval. B. Concrete shall be placed within 90 minutes after cement has been mixed with aggregate or 45 minutes after addition of water and admixtures. C. Protection: 1. Protect concrete from injurious action of the elements and defacement of any nature during construction operations. SP-46 02 X29 2. Keep concrete in a thoroughly moist condition from the time it is placed until it has cured for at least 7 days. 3. Keep all forms sufficiently wet to prevent drying out of the concrete. 4. Carefully protect exposed concrete comers from traffic or use, which will damage them in any way. 5. Protect fresh concrete from drying winds, rain, damage or soiling. 6. PROJECT CONDITIONS A. Do not mix or place concrete when the temperature is below 40°F., or when conditions indicate that the temperature will fall below 40°F. within 72 hours. B. Maintain concrete and form work at a temperature not less than 50°F. for not less than 72 hours after placing. 7. SAMPLES AND TESTS A. General: Concrete compression tests will be performed by a contracted laboratory. 2. Concrete compression tests for non-structural pours of 20 cubic yards or less will not be required. 3. Payment. SP-47 02 329 B. Concrete: 1. Samples shall be taken by the molded cylinder method in accord with ASTM C31. Make one set of at least three cylinders from each 50 cubic yards or less for each day's pour, for each strength and type of concrete. Number each cylinder and indicate place in structure where taken. 2. Testing laboratory to pick up and cure cvlinders and test_for compression in accord with ASM C39. Test one cylinder at 7 days, and a second at 28 days. If the 28-day test cylinder fails to comply with specified strength, test third cylinder at 42 days. 3. In the event cylinders fail to comply with the specified strength, or other conditions indicate defective concrete, core test will be ordered by the Engineer. Cores, if required, will be cut from locations directed by the Engineer, and secured in accord with ASTM C42, and prepared and tested in accord with ASTM C39. a. Where core cylinders which have been taken by the testing laboratory, and the concrete proves to be satisfactory, restore the cutout sections to their original condition in a manner acceptable to the Engineer, at not additional cost to the City. 4. Concrete deemed to be defective shall be removed and replaced by the Contractor at his own expense, and in a manner acceptable to the Engineer. SP-48 02 329 PART2-PRODUCTS 1. MATERIALS A. Portland Cement: ASTM C 150-72, Type I or II. Use only one brand of cement on the project. B. Aggregates: 1. Fine Aggregate: ASTM C3307A graded'/4" to fine. 2. Coarse Aggregate: ASTM C33, graded to 1-1/2" to fine, maximum sizes hereinafter specified. 3. Combine mix shall conform to Table 26H, T24. C. Admixture: Use only when approved by the Engineer, OSA, and is included in approved design mix. D. Water: Clean and potable, free of impurities detrimental to concrete. E. Curing Compound: Comply with ASTM C309, Type I. Provide one of the following: 1. Horncure 30C by A. C. Horn, Inc. 2. Hun Process TLF by Hunt Process Co., Inc. F. Chemical Hardener: Clean flusilicate type (for delayed application). Provide one of the following: 1. Ashford Formula by Curecrete Chemical Company. 2. Lapidolith by Sonneborne Building Products. 3. Premalith by L.M. Scofield Company. SP-49 02 329 G. Moisture Barrier. ASTM E154, polyesthylene sheet, not less than 6 mil thick. 2. CONCRETE STRENGTHS AND PROPORTIONS A. Concrete compressive strength at 28 days shall be not less than noted on the drawings. B. If greater amounts of cement than the minimum amounts specified above are required because the minimum strengths specified cannot be achieved with the minimum cement amounts specified, or are required because of Contractor's operations, such as pumping concrete, no increase in the contract amount will be permitted. No lesser amounts of cement than the minimum amounts specified will be permitted for any reason. sr-so 02 329 PART 3 -EXECUTION 1. BLANK 2. PREPARATION A. Forms: Before placing concrete, inspect forms thoroughly. Remove all chips, dirt, etc. Remove all temporary bracing and cleats; box all openings for pipes, etc.: secure all forms properly in their correct position and make tight. 1. Secure all reinforcements, anchors, and embedded items in their proper places. B. Anchors and Embedded Items: Accurately secure all anchors, bolts, sleeves, inserts, wood blocking, and other items to be embedded in position before placing concrete. C. Notification: Notify the Engineer at least 72 hours in advance of placing any concrete. D. Soil bottoms for footings and slab shall be approved, by the laboratory, before placing concrete. Saturate soils prior to placing concrete if directed by the Engineer. 3. CONVEYING AND PLACING CONCRETE A. Handling and Depositing: 1. Placement, once started, shall be carried on as a continuous operation until the section of approved size and shape is completed. 2. Concrete shall be handled as rapidly as practicable from the mixer to the place of final deposit by methods that prevent the separation or loss of ingredients. Deposit concrete as nearly as practicable, in its final position to avoid rehandling or flowing. SP-51 02 329 3. Concrete shall not be dropped freely where reinforcing will cause segregation, nor shall it be dropped freely more than six (6) feet. Deposit concrete to maintain a plastic surface approximately horizontal. 4. Do not deposit partially hardened concrete in the work. Discharge of concrete shall be started not more than 45 minutes after introduction of mixing water. Placing of concrete shall be completed within 90 minutes of the first introduction of water into the mix. 5. Pumping: Concrete may be placed by pumping. Equipment for pumping shall be of such size and design as to insure a practically continuous flow of concrete at the delivery end without a separation of materials. Design concrete mix to the same requirements as here-in-before specified, and may be richer in lubricating compounds to allow proper pumping. B. Consolidating Concrete: 1. Use mechanical vibrating equipment for consolidating. Provide an adequate number of operating vibrator units at the pour area to properly consolidate the quantity of concrete to be placed, including spares for emergency use. 2. Thoroughly work around reinforcement, embedded items, and into corners of forms. Concrete against forms shall be thoroughly spaded. Keep vibrators out of contact with reinforcement and wood forms. SP-52 6~ 329 3. Do not continue vibration at one spot to the extent that large areas of grout are formed or the heavier aggregates are caused to settle. Take care not to disturb concrete which has its initial set. Vibrators shall not be lowered deeper than the layer placed. 4. Responsibility for providing fully filled out, smooth, clean, and properly aligned surfaces free from objectionable pockets and blemishes shall rest entirely with the Contractor. 4. BLANK 5. BLANK 6. BLANK 7. DEFECTIVE WORK The following concrete work will be considered defective and may be ordered by the Engineer to be removed and replaced at Contractor's expense: A. Concrete: L Incorrectly formed. 2. Not plumb or level. 3. Not specified strength. 4. Containing rock pockets, voids, honeycomb, or cold joints. 5. Containing wood or foreign matter. 6. Otherwise not in accordance with the intent of the Drawings and Specifications. SP-53 p2 329 B. Concrete Finishing Work: 1. Not true to elevation. 2. Not pitched to drain when called for. 3. Not surfaced as specified. 4. With any loose or roughened or defaced surfaces. 5. Not true to 1/8" in ten feet on straight edge in any direction. 6. Otherwise not in accordance with the intent of the Drawings and Specifications. 8. CURING Blank 9. CLEAN-UP A. Upon completion of work, all splatters, efflorescence, excess material, etc., resulting from the installation of the concrete pours shall be cleaned from all exposed materials prior to final finish. B. Protect all pre-finished items in the proximity of concrete from damage, splatters, etc. SP-54 02 329 59-1.03 REINFORCEMENT -- PART 1 -- GENERAL 1. WORK INCLUDED A. Furnish and place all reinforcing steel for cast-in-place concrete and masonry. 2. RELATED WORK A. Concrete Form Work. B. Reinforcing Steel For Grouted Masonry (Furnished and Installed) Section 59-1.01. 3. QUALITY ASSURANCE A. Allowable Tolerances: 1. Splices: Lapped splices, where indicated on Drawings, shall be adequate to transfer stress by bond unless otherwise noted on Drawings. Lap bars a minimum of 40 diameters, but in no case less than 12 inches. Wherever possible, stagger splices in adjacent bars. 2. Concrete Covering: Except where noted otherwise on Drawings, provide not less than the following concrete coverage for steel: a. Concrete against earth forms: 3 inches b. Formed walls (below grade): 2 inches c. Forms walls (above grade): 1 inch SP-55 02 32g B. Codes and Standards: Except as otherwise specified, comply with the following: 1. Uniform Building Code, Chapter 26. 2. CRSI: Reinforced Concrete, Manual of Standard Practice. 3. CRSI: Recommended Practice for Placing Reinforcing Bars. 4. CRSI: Recommended Practice for Placing Bar Supports. 5. ACI 315: Manual of Standard Practice for Detailing Reinforced Concrete Structures. 6. ACI 318: Building Code Requirements for Reinforced Concrete. 4. SUBMITTALS A. Prior to delivery of steel to project, submit mill affidavits, stating the grades and physical and chemical properties of the reinforcing steel, and conformance with Specifications. 5. PRODUCT HANDLING A. Protect steel at all times from distortion, moisture, dirt, grease, and all contaminations which will impair bonding to concrete. B. Maintain a sufficient supply of approved reinforcing steel stored on the site at all times to void any delay in the progress of the work. Maintain identification of steel after bundles are broken. SP-56 02 329 C. Deliver bars new and free from rust and mill scale, in .original bundles-with mill tags intact. D. Bundle and tag reinforcing steel, with grades and suitable identification marks for verification, sorting and placing. Provide waterproof tags and markings. Do not remove until steel is placed. SP-57 02 329 PART 2 -- PRODUCTS 1. MATERIALS A. Reinforcing Bars: ASTM A615, Grade 40, deformed, billet steel bars (Minimum yield strength; 40,000 psi). B. Welded Wire Fabric: ASTM A185, welded steel wire fabric. Gauge and center-to-center spacing as noted on Drawings. Minimum yield strength 65,000 psi. C. Accessories: Provide spacers, chairs, ties, and similar items as required for proper spacing, assembling, and supporting reinforcement in place. Provide galvanized steel or approved plastic conforming to CRSI standards. D. Tire Wire: ASTM A82, #16-gauge, or heavier where noted or specified, black or galvanized steel wire. 2. FABRICATION A. Fabricate steel reinforcement as indicated on the Drawings. Where specified details are not shown or noted, comply with the applicable requirements of the referenced standards. B. Cut and bend accurately, and place as indicated on the Drawings. Bend bars cold; heating of bars will not be allowed. Do not bend or straighten bars in any manner that will injure the material. SP-58 02 329 PART 3 -EXECUTION I. ERECTION A. General: Place reinforcing steel in accord with the Drawings and the applicable referenced Codes and Standards. Install reinforcement accurately and secure against all movement. B. Supports: Support bars on metal chairs or spacers on metal hangers; place accurately, and securely fasten to steel reinforcement. Provide additional bazs, whether specifically shown on the Drawings or not, where necessary to securely fasten reinforcement in place. 1. Support accessory legs in forms without embedding in form surface. Space chairs and accessories in accord with CRSI recommendations. Place hooping and stirrups accurately spaced and wired to reinforcing. No wood will be permitted inside forms. C. Placing and Tying: Set all reinforcing in place, space, and rigidly and securely wire tie at all splices, and at all crossing points and intersections in positions shown. Rebending of bars to fit existing conditions will not be permitted. Point ends of wire ties away from forms. D. Spacing: Minimum center-to-center distance between parallel bars shall be as noted on Drawings; where not shown, the clear spacing shall be 2 times the bar diameter, but in no case less than 1-1/2 inches, nor less than I-1/3 times the maximum size aggregate. E. Welded Wire Fabric: Provide wire fabric in longest lengths as practicable; wire tie all laps and splices. Laps shall be 6 inches, or one full mesh, whichever is greater. Off set end laps in adjacent widths. SP-59 02 329 2. ADJUSTMENT - A. Provide trained steel workmen on the work at all times during the placing of concrete and masonry to properly reset all displaced reinforcement. 3. DEFECTIVE REINFORCING STEEL A. The following reinforcing steel work will be considered defective, and the Engineer may order removal of such work, and require replacement by the Contractor at not additional cost tot he City. 1. Bars with kinks or bends not shown on Drawings. 2. Bars injured due to bending or straightening. 3. Bars heated for bending. 4. Reinforcement not placed in accordance with the Contract Documents. 59-1.04 THROUGH 59-1.12 -- BLANK 59-1.13 PAYMENT -- Full compensation for constructing masonry block wall, including site preparation, removal of concrete sidewalk, modifying existing irrigation system and all appurtenant facilities shall be considered as included in the contract linear foot price paid for "Masonry Block Wall", and no additional compensation will be allowed therefor. SP-60 02 ~~9 STANDARD DRAWINGS 02 329 ~otak Mot[a~ 2 Non corcRZr4 roar aE AT LEAST orPOUro awu ~e /8° Z~r G^ xaaAeMn><eazo-a-z~am IN l zaoo r a o axle e . . . ANO N vo aPRArED urvaRNLr OM ALL PaacD _ za DAra. $UR/Al'!a PRIOR TO EVA PORT IOM • Of aURPAOE WATER. FLAT ~~4 • L><rANJ10N JOINT! AT END RETURN] • aTRUCTUEE! W END ,P+4 PLAME JOIN Ta EVlRr IO FT, j . S:OPE YJa m J OR Aa INaTRUCTED. ^~'Q ,P> j " ~ 0.097 CU. YO. ~ iEa civ Fr - \ ~ ~ ~ ~9 ~ TYPE I'BI' P.C.C. CURB 81 GUTTER R= TYPE "C" P.C.C. CURB 8{ GUTTER !LOCAL STREETS WHEN APPROVED BY THE ENGINEER) r ~ ao9~ cu ro. vE,P [iv FT ~- ,Pc/z - 1 ~ o - 5 _6' v ~ ~ ~ 0.0.3/ CU YD. ~ _ ~ ~ ~" yN~ PE.PG/RL FT ' 0.047 CU YO. ~ PEEP GiN Fn `• TYPICAL SECTION I - ~ ROLLED CURB TYPE "A" (ONLY FOR SPECIAL APPLICATIONS AS APPROVED 8Y THE CITY ENGINEER) P.C.C. CURB CITY OF SAN BERARDINO-PUBLIC WORKS DEPT. APPROVEDI STANDARD ~:,~ 19BZ N o. TYPICAL SECTION- P. C.C. CURB 8c GUTTER CITY'ENGI E R 200 02 329 ~~ co' II ~ I fLOOET~ i ~TYP/GOL LOIOT/ON 3e M/~ UT/L/TY T,PENCN WE,CKENEO q 4,vE JO/NT CASE "~1 P,PEFE~PQED .5/OE!/AL.t' LOCAT/ON ua LDO.SE 6 Y L.PA E ~. A.C 3~ ~~MiN /.GL' may!/L3/TED /N 7H/S AQEA yDEWALK G' iN/N. ~• MAY L3E U9E0•' /.) WHEN F,PONTAGE /9 LESS T,YAN /Lb' AND SAME SECT/ON EX/STS U~/ 6fOTN S/OE9 OF LOT. P.) FOP MEAaDE,P/NG S/oEh/AL~L'S. ~,~ 21 ^ V I asL / veorOSeo i/OEWAtc TYP/CAL S/DEI,/ALK TRANS/T/ON GENE~?,4L NbTES~ /) CONC.7ETE CL.e!! -4117 -C•I?00 L') NE~KENED /Y.4NE .A9.iVT! TO P1lTCN CU.IJ J!0/NT A! O,DPECTEDQY 77VE. EN6/NEEQ. E7 CVP/MS G1~MPoUNO 9N.~L QE sr,PaYEO tgvi~a~/c r ov..cc EXrpSEO '.X/.fFi/CE8 /I.CK TO THE EY~OIGGI7717,V OF ,lU,lFi~CE l~HTE~P CITY OF SAN BERNARDINO PUBLIC WORKS DEPT. AP~PR~QpVED STD. N0. '~-;7 ,1983 SIDEWALK LOCATION ~.~~.~ 202 02 ?29 ABBREVIATIONS ~~ 'i RT1 ~~ i ii CURB DRIVE AwIWe Aw Alley Alley Boulevard =Blvd linter = Ctr Clrel• G Court Ct Drive = Dr HlpAwoy Hwy Lane = Ln Plae• PI Parkway Prkwy Road = Rd State Route = Rt• Strwf St 6 NOTE: ~~ STREET NAME i t4AlER Shill BE cENrv1FD BOTH VEAT. t NOlllz. 1 wITH 2y; CLEAR aw Eros 1 oN 91611 BADE Mill LETTER SrACING • 73% I fMWA STAIOARD 1 ARTERIAL /ARTERIAL OR ARTERIAL /LOCAL .;~ ~ i, _~ ~_ '/2' BORDER 'h' FROIA ALL EDGES I SIGNALIZED 1 'vTERSECTICN NI RoL~ _ ~' r- t} L Trail = Tr -RTERIAL /ARTERIAL OR ARTERIAL /LOCAL Way = WaY 9" n l s O D l~lU V l'7l"JCJ ~!olr j~: M NTIN A N t UNSIG~NALIZED 1 ~, eoaDER - FR-M Tor i BoTT-M INTERSECTION fl a~ ~ ~lgfr~ - ~/j" °/I~ ~ DIA. ~ LOCAL /LOCAL 31/. o~~~ ~~~~ a 1 ~ - nllr~'1 nYa7n~Qa 5~i n .. DORDER -FROM TOP i BOTTOM o ~ io ~4y 36" MAX. OR APPROVED p USE WESTEMI HIWMAY PRODUCTS H I OR APPROVED EQUAL 1. c ; ~ 1 6" i 9'1 SIGN BLADES ARE 0.08 GAUGE EXTRUDED ALUMINUM m 'v ALLOY WITH .250" STIFFNER AT TOP i BOTTOM EDGES. DOUBLE m FACE FINISH WHITE LETTERS d BORDER ON GREEN BACKROUNO 6" SIGN BLADE TO BE FABRICATED USING ENGINEERING GRADE SHEETING. i 9" SIGN BLADE SHALL BE FABRICATED USING HIGH • INTENSITY REFLECTIVE SHEETING. 112'1 SIGN BLADE SHALL BE 0.08 GAUGE FLAT ALUMINUM ALLOY SINGLE FACED WITH WHITE LETTERS i BORDER ON GREEN 8AG(- TOP OF EXISTING ROUND BOTH FABRICATED USING HIGH INTENSITY REFLECTIVE SURFACE SHEETING i ATTACHED TO SIGNAL POLE AT 96" FROM SIDEWALK e USE BRACES WHEN 36" OR LONGER IN LENGTH. ~B SIGN - TO -SIGN BRACKET, SUPR-LOK 2N990X,.280" WIDE SLOT, VANDAL -PROF BOLTS 2NVPA12. ANGHOR:~ TELESPAR 21/a" S0.=3 H.D. © POST - TO -SIGN BRACKET, SUPR - LOK 2N97 SOX2 .280" WIDE SLOT, VANDAL - PRUF BOLTS 2NVPA12. Op SIGNPOST TELESPAR 2" 50., 12 GA. HELD TO A 211/i" S0.^30" H.D. O FOUNDATION, PORTLAND CONCRETE CLASS 500-C-2500 MAX. SLUMP = 5". CITY OF SAN BERNARDINO /PUBLIC WORKS DEPT. APP VED ~ - Z - ~ STANDARD N0. STREET NAME SIGN DIRCT IC WORKS 504 CITY ENGINEER I OF Z ~~ 02 329 "T' 1NTERSEGTION • SfNGLE S/GN WITH OR WfTNOUT R-f NOTE: LOCATION OF STREET IVAAE SIGNS AR£ SHOWN APPROXMATE. ALTERNATE LOGITlONS TO BE APPROVED BY ENGINEER TYPICAL LOCATIONS: ON dCA OF KE. L S.W. GORIER OF INTERSECTIONS. FOR LMPIAAfEO PRIVATE STREETS, TIf WORDS PRIVATE STR££T' SHALL BF ~' MIGhI AAtO CENTERED W/TN/N 7hE S/GAL MAJOR STREET • dRTER/ALS MINOR STREET • COLLECTORS [LOGICS m CITY OF SAN BERNARDINO / PUBLIC WORKS DEPT. /L• T I STA!l~ARO APP ~. STREET NAME SIGN ~ T w 504 clrr a+a 2 OF 2 -~777TV ~~ - au ~ r LEGEND ~DOGBLE SIGNS WITH OR WITHOUT R-I 02 329 R AW /V !-IiV CJ LO IVI-L.lF6 YYO-/ •AP6 B 8500 100 N-150 23 28 ICI-23F6 MBO-7 -AP6 C Ifi000 ISO M-ISO 28 30 ICI-28Ffi N80-B.5-APB D 22000 -200 M-4004 28 30 ICI-2BF8 NBO-fl3-4P6 E 27500 250 M-IOOA 2B 30 - ICI-28F6 MBO-8.5-APB MlAmF 0.[. N-I!0/100A CVTOFF, WITH P.C. REC[/TACT[, NOV AC, VITA X[f. V. LAMP fO.E- LUCALO%1. RE. CONTROL F1fNER PI[RCE YODEL 00003 1103-[13 vAC 1. LLgST SN•LL 1E REOUTATOR TYPE. Mq)T ARM ~ aNALL 1E COMPgTI/LF WITN POLE TENON AND CONC ORN TO ASTM A120 COR OALV. STEEL PIPE OR 0003 • T6 FOR ALUM. PIPE. POLE' 1. SHALL OE OCTAGONAL, lYYY[TRICALLT TAIP[RL O, PR[CAST/M[fTR[3S[D CONCRETE, NATYRgI DRAT YITN auc[ AMp VMTC AOOR[lAT[, WITH ANTIORA FFI TI EVR FACf. Y[TAL WT R Vf ED UNDER aPCC11L aRCVY2TANC[a. 2. SMALL [[ EASE YOUNT[D, DIR[tt EYRIAI NOT •LLOV[D. 3. NANONOLf )HALL FAC[ CURE. • !NAIL E[ PIYYI, YA;. VARIANCE O.Oa"/I1. 3. LOCITION f TO POLO CLMTER 1~ f' FlICY LYRE IACE, !' FROM aCR, V FROM FlRC MYMANT C[NTER , 1'fROY DRINEYAT [DO[ AMD OTNCR OaSTRYCT10Na. F. IROVRK ~' CIEAR aIDLYALt VIDTM FROM POL[ [DOf. T. aOLT CIRCLE DIAYETER~ IZ I/2•gMER011, II I/!-C[NTRECON. 1. YAT [RIALf SMALL f[ TROY LYE WMYFACTV RER 1LON0 SAY[ ET RFET. FuscNOLOCR TEON Nu Iz.ovoLT aRCU1T1 YITx LF FusE, sussrAN YFa. olv. a [DUAL. Fuac awuL 1E RSTED AT FIVC TIY[S aALLAaT lIN[ CMREMi I PEE aVffY1X aVLL [TIN aiN-IU. ~ I/2• ~. =I I/2' T )' L I. CAP DETAIL OI F I-.'~LI 'FOUNDATION ~=. µC~)p-Tf 12)0 3aR S: C.A2DIII )DI[REAfTY DD22Mr~ COM)T. 30" (CITY OF SAN BERNARDINO PUBLIC WORKS DEPT. STREET LIGHT STANDARD FUSEMOLDER DETAIL STANDARD N0. L~ SL-I •PPLY J LN[RS )Y CO. [l[C. T11E N0. [) YID LAT[Ra Of TAPL NO. [[ OR LOUAL f TYPICAL • PL.1 If• NO. • AVG. PIOTIIL- 1I fERVICE OIR[CT CROP UTILITY CO. NO-LO! REOUIR[D FOR OIfIMIIAR Y[TA Lf. 02 329 IT I/ I ~~ dRDDNS VO 3 V2 PVlL90i, OR aVPRLYED cawy. cwu To ee INecRleeD riTN •!TR[CT LIONTIMO' ~ -_- ~ ~ / \I Z L"~ \ / _ ~ N~ m ~ti J ~ ~ 1 d a i' ceusNED Roa .~ ae" N i ~ tonowr ~ t 00 NOT PLACE IM ORIV ErpT OR PWO" ? i I ypT, !' MIN. FROM FIRE MT DRpNT. y y SPSCE EOWLLT OM RUM! NOT TO LOAD i EKCEED 200'. SIOC ~ ~ PULL ~ PULLBOX OETAII ~ SECTION 1 ~ 2 ~ 1 F • ~~1 I D-OMOUNT MOUNTING SLEEVE ~_ PC O. 360-0-3250, PER SEC. ~ 201 5T0. SPECS. fdl Pr. CONST. -. i ~2• MIN. DDNOUIT TO UTILITY n I ~ SERVICE. ~ ~ INSTILL 7/e° ~ e' eLpCK BURN COPPER I / CLp0, 011 EOWI, GROUND Q-M1 aN0 1 I,'2'• Nm CCNOOIT. /-VO ! pW0 Bp RE COPPER SOLID (lOp0 l:nEl ~ BONGING CONDUCTOR fOR OROUNgN0 Of PE OC lTp L. 23" SERVICE PEDESTAL DETAIL NOTES ~ I SERVICE PECE STSL SNpll aE MTEAS ELECTPIC ~ROOUC TS ME'JGO • y100 C/SS OR E'OUpL. 2 CIRCwT BRESKER! SMSLI 3E Sul Tae LE FOR vSE ON 120.2a0 +OIT SEavICE Sh0 SNSLL 3E APPROVED dr unDEayRITER3 ••SdOa3TCRT CSp NEl SMp L: 3E e0NLE0 '7 :CNDUtT yITN CCPPER GROUND 'MIRE fOW VpIENT TO V0. e 3 W G. a PULL 803 SwpLL dE ihiT3llE0 NE2T TO SASE RITN I I/2' LJNDUIT VIYIUY S CONDUITS Sn All E1tTEYD INTO CSBgET I° peOVE FLOOR pN0 MpVE SPPROV ED CONDUIT dL3NING 6 CCNTRSCOR in3LL NSFE SdRpNOENEnTS yITN Ui~LITT FJR KO-NO VOLT SERVICE 6ND SNAIL eE RESPONSIeIE FDR 6NT CHARGES BT c.:E UTILITY FCR ANT NORK. PULLBJSE9 SwpLL 9E oI SCEO ON ONCOMING TPSigC SIOf Oi POIES TOP TO 9E FIUSN MITN SOJSCENT GRpOE. NtICC3 .uT :aE•unG TO 9E SE SLED yITN GROUT afTER CONDUIT IN4ipl CATION. /:I~++N V3 CITY OF SAN BERNARDINO PUBLIC WORKS DEPT. APPROVED G' ~S- 6 ~ STANOWRD STREET LIGHT SERVICE PEDESTAL it N0. ~-~ S L- 2 AND PULLBOX DETAILS oIR roR aF PueucwoaKai CITY ENGINEER ~ Z ~ - Z 02 329 m E ~ - _ 4 E 150 mm ~ E 150 mm ~ w ~ U LL U ;SLOPE 8.37. E E E E o `O o 1O N ,fl _G VF L 25 mm ~ B1-150(6) B2- '50(61 (1) ( a Z 20 mm E (J/4") R E i cn ... ,., .. -,. \ m TTER 8:12 ~ ~ ,SLOPE 2.0% ~ v'. IoE~ u1 B3-150(6) 2s' (i NOTES: 1. THE LAST NUMBER IN THE DESIGNATION IS THE CURB FACE (CF) HEIGHT, mm (INCHES). 2. GUTTER WIDTH, W, IS 600 mm (24") UNLESS OTHERWISE SPECIFIED. 3. TYPES B1, 82. B3 ANO C2 SHALL BE CONSTRUCTED FROM PCC. 4. TYPE D2 CURB SHALL BE CONSTRUCTED FROM ASPHALT CONCRETE. 5. TYPE C2 CURB SHALL BE ANCHORED WITH STEEL DOWELS AS SHOWN OR WITH AN EPOXY APPROVED BY THE ENGINEER. 6. AlL EXPOSED CORNERS ON PCC CURBS AND GUTTERS SHALL BE ROUNDED WITH A 15 mm (1/2") RADIUS. 7. DIMENSIONS SHOWN ON THIS PLAN FOR METRIC AND ENGLISH UNITS ARE NOT EXACTLY EQUAL VALUES. USE EITHER METRIC OR ENGLISH VALUES, AS REQUIRED, BUT NOT BOTH, cXCEPT THAT ASTM 615 REINFORCING STEEL MAY BE SUBSTITUTED FOR ASTM 615M STEEL. ~-- Q ~ N E 0 7j mm (3" j/ BATTER 8:12 BOTH SIDES D2-150(fj) Z J #1 OM x 250 mm ~ ®1000 mm OC GROUTED IN PLACE ,BATTER 8:12 o~ N.~i C2-150(6) SIDEWAL I N yr. S TDK PLANESIB ~ ~ RAISED RI85 R00T BARRIER WNEH SPECIFIED (SHAPE OPTIONALI, SEE NOTE I. SH. 1 100 mm (4'i PIPE. TYP, TREE SUPPORT Af ~A tsH. z,al TREE LOCATION. SEE NOTE 4, SH. 7 0.15 mm (6 MIL.I POLYETHYLENE ~ FILM. COVER GRAVEL AS SHOWN IN SECTION B-B. SH. 2 8 3 ~ CURB AND GUTTER tl I/2' OR NO. 21 . SEE NOTE 2. SH. 7 60 LITERS (IS GAL.) TREE -DIRT PARKWAY AMERICAN PUBLIC WORKS ASSOCIATION -SOUTHERN CALIFORNIA CHAPTER nNpMUI' aTED ~ TxE P~s:voR.:Sr,xoaxo,.x= TREE PLANTING STANDARD PUN METRIC CREExBgOx CI)4xiTTEE sea 52~ al MEx ~~ USE WITH STANDARD SPECIFICATIONS FOR PUBUC WORKS CONSTRUCTION SHEET t OF 7 TOP OF ROOT BALL AND TOP OF R00T BARRIER TO BE 10 mm 11/2') ABOYE FINISHED SURFACE. ROOT BALL FINISHED SURFACE EI 0 0 a 02 3 ~ 9 SYMMETRICAL ABOUT C 3 m (10'I LODGE POLE PINE STAKE. SEE STANDARD PLAN SIB PREPARED SOIL MI%. SEE NOTES 2 8 3, SH. 7 i I R00T BARRIER z I PLANTING NOLE COMPACTED PREPARED SOIL MIX f PERFORATED 100 mm s 600 mm (4'i24• NONMETALLIC PIPE FILLED WITN - I 40 mm (I I/2' OR N0. 21 GRAVEL I 0.15 mm (6 MIL.I POLYETHYLENE FILM, OVERLAP 600 mm (24') ECTION A-A (sH. n SYMMETRICAL 480UT C- R00T BALI FINISHED SURFACE EI ~ n mm (IS'1 MIN. 275 mm (II.1 MIN. SECTION B-B csH. I1 PREPARED SOIL MI%. SEE NOTES 2 B 3, SH. 7 DIRT BACKFILL 40 mm II I/2' OR N0. 2l GRAVEL 0.15 mm (6 Mll.l POLYETHYLENE FILM. OVERLAP 600 mm (24.1 R00T BARRIER COMPACTED PREPARED SOIL MI% CASE I 60 LITERS (IS GAL.) TREE -DIRT PARKWAY AMERICAN PUBLIC WORKS ASSOCIATION -SOUTHERN CALIFORNIA CHAPTER TREE PLANTING STANDARD PUN METRIC 520-2 SHEET70F7 SYMMETRICAL ABOUTt- TOP OF R00T BALL TO BE IS mm 11/2') ABOVE FINISHED SURFACE - R00T BALL- FINISHED SURFACE / I ~ E I L_ O 0 ~ N L 02 329 3.6 m (12') LODGE POLE PINE STAKE. SEE STANDARD PLAN 318 PERFORATED 100 mm ~ 1220 mm 14'~46'l I NONMETALLIC PIPE FILLED WITH 40 mm II t/2. OR N0.21 GRAVEL R00T BARRIER 'D SOIL NIX. ES 2 AND 3, SH. 7 f6 MIL.) POLYETHYLENE FILM, 300 mm 112.1 1ND SEAL ENDS PLANTING HOLE COMPACTED PREPARED SOIL MIX SYMMETRICAL ABOUT t R00T BALI L__ SECTION A-A ISH. 1) 111.1 IN. I E I I L" ~~ SECTION B-B tsH. II TED PREPARED SOfL MIX CASE 2 60 LITERS (15 GAL.) TREE -DIRT PARKWAY STERILE OR CONTAMINATED SOIL AMERICAN PUBLIC WORKS ASSOCIATION • SOUTHERN CALIFORNIA CHAPTER TREE PLANTING STANDARD PLAN METRIC 520 - 2 SHEET 7 OF 7 MI N FINISHED SURFACE I EE E iv DIRT BACKFILI c ~:' 40 mm (1 1/2'1 OR N0.2 GRAVEL n m s O.IS mm f6 MIL.I POLYETHYLENE FILM. ~~ OVERLAP 300 mm (12.1 AND SEAL ENDS PREPARED SOIL MIX. SEE NOTES 2 AND 3. SH. 7 R00T BARRIER 750 mm (30'1 DIA. MIN. o ~ 3 2 9 SSO mm 100 mm (4•) (22') DIA. MIN. (TYP.) C TRE~ 40 mm (I 1/2' OR N0.2) GRAYEL. SEE NOTE 2A, SH. 7 R00T BARRIER WHEN SPECIFIED j ~ (SHAPE OPTIONAL) SEE NOTE I, SH. 7 Cf f \ fC R00T BALL RAISED RI85 PLAN 40.r TOP OF TREE WELL COVER. SEE NOTE I PREPARED SOIL MIX TOP OF POLYETHYLENE FILM R00T BARRIER R00T BALL 40 mm (I I/2' OR N0. 2) GRAVEL POLYETHYLENE FILM OVERLAG 600Lmm (24.1 COMPACTED. PREPARED SOIL MIX TO BOTTOM OF ROUT BAIL BOTTOM OF POLYETHYLENE FILM SECTION C-C CASE 3 60 LITERS (15) GAL. TREE -SIDEWALK TREE WELT NOTES 1. SEE STANDARD PLAN 319 FOR SIZE OF TREE WELL AND COVER. 2. USE 3 m (10'1 LONG LINEAL R00T BARRIER WITH CASE 14N0 CASE 2 TREE WELL PER 5TINDARD PLAN 319. 3. FOR TREE STAKING. SEE STANDARD PLAN 318. 4. FOR STERILE OR CONTAMINATED SOIL: USE 900 mm l36•) HIGH R00T BARRIER, 1125 mm (45') HOLE DEPTH AND 1350 mm (54•) HIGH POLYETHYLENE FILM. POLYETHYLENE FILM TO COYER GRAVEL BELOW TREE WELL COVER AHD PROTRUDE THROUGH OPENING IN COVER IS mm (I/2•). OVERLAP 300 mm (12'I AND SEAL ENDS. S. SEE SH. 6 FOR PLANTING 600 mm (24.1 BOX TREE IN SIDEWALK TREE WELL. AMERICAN PUBLIC WORKS ASSOCIATION -SOUTHERN CALIFORNIA CHAPTER TREE PLANTING STANDARD PUN METRIC 520 - 2 SHEETS OF7 PREPARED SOIL MIX. SEE NOTES 2 AND 3, SH. 7 METHYLENE FILM I PLAN USED RIBS EPARED SOIL NI% OT BIRRIER EN SPECIFIED TAPE OPTIONAL) tFORATED PIPE, TYP. 1 0.15 mm (6 MIL. POLYETHYLENE COVER GRAVEL SHOWN. SEE DETAIL 'A• BOX SIZE A B C D p• 600 mm 1200 mm 950 mm 125mm SO mm 175 mm (24•) (48.1 (38'1 IS•) 12'1 (79• 750 mm IS00 mm 1200 mm ISO mm 65 mm 225 mm (30') (609 (4B•) (69 l2 I/2'I l 19•)• 900 m 1800 mm 1450 mm 173 mm 85 mm 275 mm (369 (72') (SB') (79 (3 I/4•) (II•)• 1050 mm 2100 mm 1700 mm 200 100 mm 1 325 mm ~ (429 (84•) I (68'1 f8'1 • 14.1 I D3'I• 1200 mm ' 2400 ^w^ 1930 mm 223 mm 120 mm 373 mm~ (48 ) (96.1 (78'1 199 4 3/4•}. IIS'1• ~ •FOR SOUARE R00T BARRIER FINISHED SURFACE DIRT BACKFILI 40 mm (I I/2' OR N0. 2) GRAVEL POIYETH YLENE FILM ROOT BARRIER PREPARED SOIL MIX ISO mm (B') DETAIL •B' (USE FOR C45E S ONLY) DETAIL 'A' BOX TREE PLANTING STANDARDS NOTES I. FOR TREE STAKING. SEE STANDARD PLAN SIB. 2. OVERLAP POLYETHYLENE FILM 600 mm (24'). FOR STERILE OR CONTAMINATED SOIL, i OVERLAP POLYETHYLENE FILM 300 mm 112') ANO SEAL ENDS. 3. OP TIONIL -INSTALL MOISTURE SENSING DEVICES IN R00T ZONE. PER MANUFACTURER'S INSTRUCTIONS. AMERICAN PUBLIC WORKS ASSOCIATION • SOUTHERN CALIFORNIA CHAPTER STANDARD PLAN METRIC TREE PLANTING 520 - 2 SHEET 5 OF 7 02 329 :E SUPPORT :E, CENTERED mm (I 1/2' OR 2) GRAVEL IN HOLE. DETAIL 'B' FINISHED SURFACE ROOT BAIL 807TON OF ~ PLANTING HOLE DRAIN HOLE FILLED WITH 40 mm II I/2' OR N0. 2) GRAVEL AT EACH CORNER OF pIT 4. USE 300 mm (12') 50. FILTER CLOTH OVER TOP. BOX 512E R00T BILL O ~ J 2 ~^ DIRT BACKFILL FINISHED SURFACE 40 mm U I/2' OR 1 ~ 0.13 mm l6 MIL.1 TYP POLYETHYLENE FILM N0.2) GR AYEL ~ ~ . . ~ . ~ ROOT BARRIER, TYP. ~ o I ~ ? $EE NOTE I, SH. 7 PREPARED SOIL MIX. PERFORATED NONMETALLIC PIPE $EE NOTES 2 AND 3. SH. 7 \~~ ~' R 02 I I , ~ N) GRAVE T LENGTH YP. DIA J NOTE CASE 4 PLANTING HOLE TOP OF R00T BALL AND TOP OF COMPACTED PREPARED SOIL NIX ABOVEBFINRSMEDTSURFACE~ II/2'1 SECTION D-D csH. s) TO BOTTOM OF ROOT BALL FOR PLANTING 600 mm (24.1 OR 750 mm 13 0') BOX TREE IN DIRT AREA BO~~R00T BALL VARIES DIRT B4CKFILL-~ (1 rFINISHEO SURFACE 40 mm (l I/2' OR I ~. ~ r/I( 1~ , ~ 0.13 mm (6 MIU N0.2) GRAVEL ~ II} 1 ) POLYETH rLENE FILM, TYP. ~ ( ` 1 ~~ I` R00T BARRIER. TYP. PREPARED SOIL MIX. ~ c ~'~i i PERFORATED NONMETALLIC PIPE SEE NOTES 2 AND 3, $H. 7 \ ~ FILLED WITH 40 mm ll I/2' OR ~ ~ ~~•\~~ ~ , " N0.2) GRAVEL TYP. IDI A.eJ LENGTH• ~~ PLANTING HOLE l3') I TYP.I COMPACTED PREPARED SOIL MIX CASE 5 UNDISTURBED NATURAL SECTION D-D lsN. sl GROUND FOR PLANTING 900 mm 136') - 1200 mm (4B•) BOX TREE IN DIRT AREA TOP OF POLY- ETHYLENE FILM 4J mm (l I/2' OR H0.2) GRAVEL - TOP OF TREE WELL COVER t TREE 40 mm II I/2' OR / I N0.2J GRAVEL SIZE ~ E ~ F G N J K M 600 mm~3025 mmi600 mm1200 ' 1250 mm 900 100 mm - - l24•) '. ln9'l ~ (24.1 (48.1• 130.1 (369 l4•) 750 mm~38i5 mm 600 1200 1373 mm 900 100 mm - - ( 0') ~ I I• 4 • • SS' • 4' 900 mm',4625 mm'900 m 1200 mm I • . ~ ' ~ IS00 ' 1200 SO mm 750 mm 575 s (182 136 ) 1 (36 1 (48.1• 160 ) (48.1 (6•) f30'1 f2S'1 1030 mm5135 mm~,900 m~1200 IS00 m 200 ISO mm 950 mm S7S ~rll (42'1 121a•I 36'1 ~ 4 • • (60.1 148•) l6•) p8'1 f239 1204 mm 62zg mm1200 mrt( IS00 m 1200 ISO mmI 1023 mm 400 8 60') (48'1 (6') i E=CIRCUMFERENCE OF R00T BARRIER J=DIAMETER OF PERF. PIPE ~ •=MIN. HEIGHT OF R00T BARRIER FOR STERILE OR CONTAMINATED SOIL i ~ _ R00T BARRIER. (~ SEE NOTE I, SH. 7 I1~ ~ PREPARED SOIL MIX ROOT BALL 0.15 mm (6 MIL.) POLY- T ETHYLENE FILM COMPACTED. PREPARED SOIL MIX TO BOTTOM OF ROOT BALL. SEE ~ NOTES 2 AND 3. SH. 7 'ACF C. BOTTOM OF POLYETHYLENE FILM SECTION D-D lsH. s) FOR PLANTING 600 mm (24•) BOX TREE IN SIDEWALK TREE WELL BOX TREE PLANTING STANDARDS AMERICAN PUBLIC WORKS ASSOCIATION -SOUTHERN CALIFORNIA CHAPTER $?ANDARO PUN METRIC TREE PLANTING 520 - 2 SHEET 8 OF 7 NOTES ,0 2 3 ~ 9 I. R00T BARRIERS WHEN SPECIFIED ON PROJECT DRAWINGS OR IN PROJECT SPECIFICATIONS, SHALL BE FABRICATED FROM A HIGH DENSITY AND HIGH IMPACT PLASTIC SUCH AS POLYVINYL CHLORIDE, ABS OR POLYETHYLENE AND HAVE A MINIMUM THICKNESS OF 1-5 mm (0.06'). THE PLASTIC SHALL HAVE IS mm (I/2'I TO 20 mm (3/4'1 HIGH RAISED VERTICAL RIBS ON THE INNER SURFACE SPACED AT LEAST 150 mm (6') 8UT NOT MORE THAN 200 mm (B') APART. 2. PLANTING SHALL CONFORM TO SUBSECTION 308-4 OF THE STANDARD SPECIFICATIONS, EXCEPT THAT PREPARED SOIL MIX SHALL BE COMPACTED. AND 40 mm (I I/2' OR N0. 2) GRAVEL PLACED, TO BOTTOM OF R00T BALL LEVEL PRIOR TO PLANTING TREE. S. PREPARED SOIL MIX A. INITIAL PLANTING (NEW OR REPLACEMENT) (I) CLASS A TOPSOIL 50% (2) NITRO HUMUS. TOPPER, OR EQUAL 20% (3) PINE BARK (2% NITROGEN FORTIFIED) 30 % UP TO 50% -0 mm (0') TO 3 mm (I/B') AND UP TO 50% - 6 mm (I/4'1 (4) DRY TYPE WETTING AGENT 1.2 Kq/ms (2 LB/CY) (5) UREA FORMALDEHYDE 1.2 Kq/ms (2 LB/CY) (6) MIN. 21-GRAM 21-10-5 FERTILIZER TABLETS OR 12-B-8 CONTROLLED RELEASE TABLETS IN QUANTITIES RECOMMENDED BY THE MANUFACTURER. PLACED IN THE TOP I/3 OF THE SOIL MIX AROUND THE R00T BALL. (7) FERRIC CHELATE 0.6 Kq/m~(I LB/CY1 (B) SYNTHETIC POLYACRYLAMIDE. A GRANULAR POLYMER ABSORBENT: TO BE PRE-SOAKED (HYDRATED) ANO INCORPORATED INTO THE SOIL MIX DIRECTLY BENEATH THE ROOT BALL IN QUANTITIES RECOMMENDED BY THE MANUFACTURER. REPLANTING ONLY (I) PREVIOUSLY AMENDED SOIL (2) NITRO HUMUS, TOPPER OR EQUAL (3) DRY TYPE WETTING AGENT 90% 10% 1.2 Kq/m3 (2 LB/CY) PARKWAY TREE PLANTING: A. CENTER TREE BETWEEN SIDEWALK AND CURB. B. WHERE THERE IS NO SIDEWALK, PLANT TREE 450 mm (IB') BEHIND CURB. C. WHERE PUBLIC RIGHT OF WAY IS AVAILABLE AND SIDEWALK IS ADJACENT TO CURB. PLANT TREE 900 mm (3') BEHIND BACK OF SIDEWALK. D. PLANTING OF TREE SUBJECT TO THE FOLLO WING MINIMUM CLEARANCES: a. IS m (50') FROM BCR ON THE APPROACH TO AN INTERSECTION AND 4.5 m (15') FROM THE ECR ON THE EXIT SIDE. b. 6 m (20'1 FROM LIGHT STANDARDS. c. 3 m (10') FROM FIRE HYDRANTS AND DRIVEWAYS. d. I.5 m (5'1 FROM HOUSE WALKS AND UTILITY METERS. E. LOCATION OF TREE SUBJECT TO CHANGE AT THE DIRECTION OF THE ENGINEER. 5. DIMENSIONS SHOWN ON THIS PLAN FOR METRIC ANO ENGLISH UNITS ARE NOT EXACT EQUAL VALUES. IF METRIC VALUES ARE USED. ALL VALUES USED FOR CONSTRUCTION SHALL BE METRIC VALUES. IF ENGLISH UNITS ARE USED. ALL VALUES USED FOR CONSTRUCTION SHALL 8E ENGLISH UNITS. AMERICAN PUBLIC WORKS ASSOCIATION -SOUTHERN CALIFORNIA CHAPTER STANDARD PUN METRIC TREE PLANTING 520 - 2 _ SHEET 7 OF 7 02 ^; ;'9 CONCRETE MASONRY FENCE ~~~~~ O~ NOT TO BE USED FOR RETAINING EARTH T_ Cont. Bontl Beam at Tap ~~4bar in toD bond beam ~' or 9 gauge prefab. Joint ~ -~'-~J~: Y~~ reinf. in toP joint. m Block ~j e ~f o Vert. bars per schedule ~ I~~' ~~ ~o~ Fill tells solid with grout ;. ~ _ where vert. Dars are placed. fi h ~ Grade EO ~ EO •fi: ~J . ~ ~.. 1 N I \~ Bend Att. Bars ~ ~' 4 Bar cont H REINFORGNG STEEL SCHEDULE LATERAL LOAD•PSF W -FOOTING WIDTH LATERAL LOAD-PSF 5 10 15 5 10 15 4' 1 4 N I3@a8' 16' 5' N3 68 N Ma@a8' a 6' 20' 6' M3@a8' 7<a@a6' 84@32' t6' 18' 2a' USE 15 PSF FOR HIGH WIND AREAS Noh: Concrete in looting to test1,000 tbs. per sq. in. st18 days Concrete block -Grade-A- units A.5.7.M. C-90 Grout - 1 parr cement, 3 parts sand, 7 parts pea gravel MoRar • 1 part cement, 7R part lime puny, ! 1/Z parts sand Special Note: Plastic and Masonry Cement is not allowed per U.B.C. MAXIMUM STRESSES F = 18,000 P.S.I. F~ = 225 P.S.I. Shear V . 15 P.S.I. Bond U =100 P.S.I. Soil Pressure = 1,000 Lhs. Der sq. h. Concrete to Soil Friction to coeMicient = 0.1. 2106.1.12.3 -24- 02 :?~29 ~~~~ O~~ . a ~ ~ 6~TYP ~ J ~ 1 ., •' ~• 0 F n u 6ic ~ ~a ~o * ~E~~( ,~~~~ ~t•~a~l~li~ly DEPT Fob NEIC~H'f R~UiFMEN1~. 02 329 O~i~i~~ '~4j1H1~1.G~ FINE l~~oJT '~1" MItJ. WK (~L1 RhE ~~ou'( • • ~ sTi~~uPs ~ q BAS G~' IZ" aG V~~'(ICL~I. ~(riE Fi~GoJP~E or"1 '(rIE FoJ~1G~afia,l hr~o~v ~ n.w wF~i A~Jv FA/cE GPI-IEUh h~'~yIJ t-~oR~(A~ ~o~ ~I.L ~~,~ . ~~oJcj~lerl tiJ~FAG~ ~vK 'yr~~v.~~ C~RcU'( P,r~~IO. 'IZ'~ hax _ ` a s l 1 T v o ~ 4 I'!ZI MIN. Meeting Date: 10/21/2002 Item 119 Resolution 1f2002-329 4a Q~i~rn~~L FILE NO. 7.3', -7346 ACCT. NO. 001-181-5952-7346 CITY OF SAN BERNARDINO .,. d STATE OF CALIFORNIA CONTRACT DOCUMENTS PLANS AND SPECIAL PROVISIONS NO. 10523 FOR ROAD CLOSURE FOR PENNSYLVANIA AVENUE AT 19T" STREET E.D.A. N0.02-8069061 h s. CNII~ ~p OF CAl\FO~~ `" DIVISION OF PUBLIC WORKS . DEPARTMENT OF DEVELOPMENT SERVICES CITY OF SAN BERNARDINO .W AUGUST, 200? BIDS WILL BE RECEIVED UP i0 THE HOLR OF 2:00 P.M ON SEPTEMBER 24 __ ~ 2002 .- ,,, VOLUiVIF,1T .. t~~ILL 1R/T II~~~ 02 329 DOCUMENTS 02 329 OFFICE OF COMMUNIT}' DEVELOPMENT COMMUN/TY DEVELOPMENT BLOCK GRANT PROGRAM CONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS TO (Appropriate Recipient) DATE PROJECT NO. (/f any) C/O PROJECT NAME 1. The undersigned, having executed a contract with for the construction of the above-identified project, acknowledges that: (a) The Labor Standards provisions are included in the aforesaid contract. (b) Correction of any infractions of the aforesaid conditions, including infractions by any of his subcontractors and any lower tier subcontractors, is his responsibility. 2. He certifies that: (a) Neither he nor any firm, corporation, partnership or association in which he has substantial interest is designated as an ineligible contractor by the Comptroller General of the United States pursuant to Section 5.6(b) of the Regulations of the Secretary of Labor, Part 5 (29 CFR, Parr 5) or pursuant to Section 3(a) of the Davis-Bacon Act, as amended (40 U.S.C. 276a-2(a). (b) No part of the aforementioned contract has been or will be subcontracted to any subcontractor if such subcontractor or any fine, corporation, partnership or association in which such subcontractor has a substantial interest is designated as an ineligible contractor pursuant to any of the aforementioned regulatory or statutory provisions. 3. He agrees to obtain and forward to the aforementioned recipient within ten days after the execution of any subcontract, including those executed by his subcontractors and any lower tier subcontractors, a "Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Requirements" executed by the subcontractors. 4. He Certifies that: (a) The legal name and the business address of the undersigned are: (b) The undersigned is: (1) A SINGLE PROPRIETORSHIP (3) A CORPORATION ORGANIZED IN THE STATE OF (2) A PARTNERSHIP (4) OTHER ORGANIZATION (Describe) ( Cont. ) 02 329 Page 2 of 2 4. (cont.) (c) The name, title and address of the owner, partners or officers of the undersigned are: NAME TITLE ADDRESS (d) The names, addresses and the nature of the interest of all other persons, both natural and corporate, having a substantial interest in the undersigned are (!f none, so state): NAME ADDRESS NATURE OF INTEREST (e) The names, addresses and trade classifications of all other building construction contractors in which the undersigned has a substantial interest are (Ij none, so stare): NAME ADDRESS TRADE CLASSIFICATION I CONTRACTOR/ DATE: B1'~ ( SIGNATURE 1 WARN/NG U. S. Criminal Code, Section ]O]o, Title 18, U.S.C., provides in part: "Whoever ....... makes, passes, utters or publishes any statement, knowing the same to be false ............. shall be fined not more than SS,000 or imprisoned not mare than two (2J years, or both. 02 329 CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY INSTRUCTIONS This certification is required pursuant to Executive Order 11246 (30 F.R. 12319-25 ). The implementing rules and regulations provide that any bidder or prospective co»tractor, or any of their proposed subcontractors, shall state as an initial part of the bid or negotiations of the contract whether it has (they have) participated in any previous contract or subcontract subject to the equal opportunity clause; and, if so, whether it has (they have) filed all compliance reports due under applicable instructions. Where the certification indicates that the bidder has not filed a compliance report due under applicable instructions, such bidder shall be required to submit a compliance report within seven calendar days after bid opening. No contract shall be awarded unless such report is submitted. CERTIFICATION BY BIDDER Bidder's Name: Address and Zip Code: I. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause. YES NO (If answer is YES, identify the most recent contract. ) 2. Compliance reports were required [o be filed in connection with such contract or subcontract. YES NO (If answer is YES, identify the most recent contract. ) 3. Bidder has filed all compliance reports due under applicable instructions, including SF-100. YES NO NONE REQUIRED 4. If answer to item 3 is "NO", please explain in detail, using the reverse side of this certification if necessary. CERTIFICATION -The information above is true and complete to the best of my knowledge and belief. Name and Tile of Signer (Please T}pe) Signature Date 02 329 FORM OF BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, as Principal, and as Surety, are hereby and firmly bound unto the Cit~nf San Bernardino ,State of California, hereinafter referred to as "Obligee" in the penal sum often percent (10% 1 of the total amount of the bid of the Principal submitted to the Obligee for the work described below, for the payment of which sum we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. THE CONDITION OF THIS OBLIGATION IS SUCH, THAT: WHEREAS, the Principal has submitted to Obligee, a certain Bid, attached hereto and hereby made a part hereof to enter into a contract in writing, for the / Copy here the eeact title description of ~rork, inchrding location as it appears on the proposal for which bids are to be opened on NOW, THEREFORE, dare of opening / a. If said Bid shall be rejected, or in the alternate, b. If said Bid shall be accepted and the Principal shall execute a contract in the Form of contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said contract, and shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void; otherwise, the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Obligee may accept such Bid; and said Surety does hereby waive notice of any such extension. Signed, this day of 20 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first mentioned. SEAL (L.S.) By: 02 329 OFFICE OF COMMUNITY DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SUBCONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS TO (Appropriate Recipient) C/O DATE PROJECT NO. (Ijarry) PROJECT NAME 1. The undersigned, having executed a contract with for (Nature of Work) in the constmction of the above-identified project, certifies that: (a) The Labor Standards Provisions of the Contract for Construction are included in the aforesaid contract. (b) Neither he nor any firm, corporation, partnership or association in which he has substantial interest is designated as an ineligible contractor by the Comptroller General of the United States pursuant to Section 5.60(b) of the Regulations of the Secretary of Labor, Part 5 (29 CFR, Parr S) or pursuant to Section 3(a) of the Davis-Bacon Act, as amended (40 U.S.C. 276a-2(a). (c) No part of the aforementioned contract has been or will be subcontracted to any subcontractor if such subcontractor or any firm, corporation, partnership or association in which such subcontractor has a substantial interest is designated as an ineligible contractor pursuant to any of the aforementioned regulatory or statutory provisions. 2. He agrees to obtain and forward to the contractor, for transmittal to the aforementioned recipient within ten days after the execution of any lower subcontract, a "Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Requirements" executed by the lower tier subcontractor, in duplicate. (a) The workmen will report for duty on or about (Contractor or Subcontrac(orJ in the amount of $ (Dare / 3. He Certifies that: (a) The legal name and [he business address of the undersigned are: (b) The undersigned is: (1) A SINGLE PROPRIETORSHIP (2) A PARTNERSHIP ( Cont. ) (3) A CORPORATION ORGANIZED IN THE STATE OF (4) OTHER ORGANIZATION (Describe) 02 329 Page ? of ? 3. (cont.) (c) The name, title and address of the owner, partners or officers of the undersigned are: NAME TITLE ADDRESS (d) The names, addresses and the nature of the interest of all other persons, both natural and corporate, having a substantial interest in the undersigned are (/f none, so state J: NAME ADDRESS NATURE OF INTEREST (e) The names, addresses and trade classifications of all other building construction contractors in which the undersigned has a substantial interest are (/j none, so state): NAME ADDRESS TRADE CLASSIFICATION BY: (SUBCONTR9C70R1 /SIGNdTURE~ DATE: /Ty~Ped Name and Title l WARNING U. S. Criminal Code, Section 10/0, Title 18, U.S.C., provides in part: "Whoever ....... makes, passes, utters or publishes any statement, knowing the same to be false ............. shall be fined not more than $5,000 or imprisoned not more than two (2) years, or both. 02 329 CERTIFICATION BY PROPOSED SUBCONTRACTOR REGARDING EQUAL EMPLOYMENT OPPORTUNITY of Prime Contractor Project INSTRUCTIONS This certification is required pursuant to Executive Order 11246 (30 F.R. 12319-25 ). The implementing Rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as an initial part of the bid or negotiations of the contract whether it has (they have) participated in any previous contract or subcontract subject to the equal opportunity clause; and, if so, whether it has (they have) filed all compliance reports due under applicable instructions. Where the certification indicates that the subcontractor has not filled a compliance report due under applicable instructions, such subcontractor shall be required to submit a compliance report before the owner approves the subcontract or permits work to begin under the subcontract. SUBCONTRACTOR'S CERTIFICATION Subcontractor's Name: Address and Zip Code: 1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportuniry Clause: YES NO 2. Compliance reports were required to be filed in connection with such contract or subcontract: YES NO 3. Bidder has filed all compliance reports due under applicable instructions, including an SF-100: YES NO NONE REQUIRED 4. If answer to Item 3 is "NO", please explain in detail, using the reverse side of this certification, if necessary. CERTIFICATION -The information above is true and complete to the best of my knowledge and belief. Name and Title of Signer (Please Signature Date 02 329 SECTION 3 CLAUSE 135.20 Assurance of compliance with regulations (a) Every contract or agreement for a grant, loan subsidy, or other direct financial assistance in aid of housing, urban planning, development, redevelopment or renewal, public or community facilities, and new community development, entered into by the Department of Housing and Urban Development with respect to a Section 3 covered project shall contain provisions requiring the applicant or recipient to carry out the provisions of Section 3, the regulations set forth in this part, and any applicable rules and orders of the Department issued thereunder prior to approval of its application for assistance for a Section 3 covered project. (b) v r~~gplication recipient contracti~ party contractor and subcontractor shall incorporate or cause to be incorporated in all contracts for work in cotLnecnon with a Section 3 covered proiect. the following clause (referred to as a Section 3 clausel: A. The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S. C. 1701u. Section 3 requires that, to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in, the area of the project. B. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR JAS, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. C. The contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. D. The contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR ~. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 13~ and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. 02 329 E. Compliance with the previsions of Section 3, the regulations set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of the contract, shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors, and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR 135. I certify that I have read the Section 3 Clause and agree to comply with the provisions contained therein. 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IwKw111w4 x . w Ytx 111! eallpq. 02 329 APPENDIX I Category Principal Business Location Goal =Parity With Contractors except construction San Bernardino County Riverside, San Bernardino, Ontario S.M.S.A. Contractors except construction Within Los Angeles, Long Beach, Orange and San Diego S.M.S.A. Local S.M.S.A. Contractors except Within California, but not Area business located, unless have construction San Bernardino, Orange, Los offices in Riverside, San Bernardino Angeles, San Diego S.M.S.A. Ontario S.M.S.A.-then parity same as Number 2 above Contractors except construction Outside California Principal place of business Contractors except construction Construction Contractors N/A N/A Local staff parity with Riverside San Bernardino, Ontario S.M.S.A. Riverside, San Bernardino, Ontario S.M.S.A. GOALS FOR WOMEN IN CONSTRUCTION On April 17, 1978, the Department of Labor, Office of Federal Contract Compliance Programs established goals for the participation of women in the constmction industry. These goals, which shall apply to all work force levels, categories, crafts, skills and apprenticeships, are the following: Time Frame April 1, 1978 -March 31, 1979 April 1, 1979 -March 31, 1980 April 1, 1980 -March 31, 1981 Goals (in Percent) 3.1 5.0 6.9 AFFIRMATIVE ACTION POLICY FOR CONTRACTORS AND VENDORS O 2 3 2 9 Narn• e/ Cenvxra Mops tole Plan ce attlr+ ica supeert e[ a pretraa ai pual reploY~ent epporsuntcy, and se auurc Ceep-laace vtcn Wcucl~e Orders 1:7~+ and 1:7.5, Zicle vll of cne CI•tl Ri{nca act et 1la~, Seccten SO) ci ine leaaetllcatien Act et 1!7]; the Llitorn:a Fair Caplevaen[ ~ract:ce act, and tns Seplenontinj rns:c?'a Attttaacl~e Action Ceepliance 1ro;rae. 22+:s cent'actor agrees to assert leaderanip vttnin the cot-;ntt. and ce vut too tsnalteodurf acttis~ to rvithau ,cre;ard rte trace, oa~tce let ,~t sea a t li= en ~n ancettrY,i M[le~l pteduc:i S[Y erlLin, earlcal status, er aandtcao• Tt+u nntrac:er lurtner neognites Nat the ~+t~*e ladintien of a pditr et ea.sl ernolerr*ens ooomwn,ty in•el•rt rnen Vtan pltl a pWtCY ttatenwnt an0 w.ll, ytMfOR. tAOHtate a{tinnatne aCtiOn 10 Tate kno•rrt tr4l eWa1 ODDORYni{,tt Yf e•ailapla On Ne tH1tt OI meni0W1 mtnL lnd tD encourage ae•aKfntfni On LftU tlri+i TM Idlwnng Atfirrruti•r Attian Progrsrn n Iwreer ettadisned as site pglieY sod prer.+eis et cur cemwnY: Imtruetieret: Indinte Ya+r pdicY W eirctinq the epdiesble Mtur u Vte ~h of eaen item slew. TM lessen are 1e d rnterprnte as iouewrt: ~ T*ise rtow a prettin el cur Coenttantl• . ~ Qyr ~prtpyerY w,ll a0e0t tiffs OOIidY• C Our tanwnr rennet er will net adopt tttis pelicY. If'C' a orelsd. esd+++ nasort Use vwrste sneer if ad0itieMl span s rweee0. Gfese Itens i. put comwnr tnell recruit en0 Itin MI enrolams wittteYt regere O ran. ege. inlet. tea. Migien, ancntry. A rytidrel pi}n, Mental tL1Lf er rynelne. eno will t»e~ prOntOtrn. eeueur ~ respect re eeTt/fnaalNn an0 epeerWMUa ter aeraneenwni rtdranq upgradntq s c 2 Our csvnwm win aeei•Nr yae. ntt:/Yirrrwrtt sewers stfN a enrel0rrnt +MAe~ Wei' end serteels rietiGl ,e, I Nw a pelrtr e1 relemnq ap}uwnn en • nendttatertirtetsrY tsesa C ~,rya,n 1, Ow ternpyry wll ebseminite its aMifrltati•f eQieat pditY eagntallr trr itienrunq ene ditcyssing it •nM all A rKrtntrrrrtt awrns. tM ae•enerry in rsewa wrtlia. epCificallr +~~ng rninenty news nwara, erne M ttealrin! and Oitctnsrtg Yte plier .wire all toter rnineriep, (tarternOeeO erne wortrn's ergantssuau and suecenttactert and mall nuu+tarn receret et tlw enprriaLero' rOSeOnseL ~ Eaolan •d. Our cpmwnr shall note specific and constant Penerul, swittan, and Oral neruitsnent eHeRS direttrd at an A I lent etinerriY. tw+auppr0. one wenMq i erganraastont, irt61tr6ry fcltodL recrvitntent and vsrnM! ergsnusoerta. t C *NE ew C 1te,,,, 0 2 3 Z y ~` T Our eane+m loan mafur lwcific N/ertf to encslra.e erefent nlinerifv. tywdieaeeed and ~.ernen nnae~wf. I. f 10 nowt Inarr frwnd. and,rtHlr.M w~ev to tfo Uw csnKf vMar 1Nt el n~rna~ty nandwooee e. .erw.r~ C ~apraln't:" 6. Our tenteanv III raa~ntatn a file e1 ae Hamel and adereftef e1 teCn rninenty aD0lipnt and Ien~We A ne~ emWeYed.rtne eerttanr iwmnwta~eown+ent tttu art/en+eanaoes tnarttederee fer ernDlelrrntnt er waf e ~c 7. Our cse-anT mall netilT tna leplettrtttl~a a+teell+Cetiaecnarµ~111 tcei*+~+nt lu., ast A tetlen er unlena vice la+a ear ceepalt7 h' Ne eenpatp relerrea ce tae ceepae7 • ottferlcT. Mndlu9-el, ar lenale aerttr sent ter er tM coePattT sae ecner lnletsatlen taac tae anion ntetTel orecul !aa Sepe/N tae ca~MnT'e attert to rat tee asuellsAel ~eala et attireaclve acziee. C {. OYr ternpam will aetleeW late Sittef so Mteyrap errr pelitiont. aoar7+Mna « Gant IonLem wf1iC}1 Here A I ne woolen er nrnerioa er an anmss tnatlee wft+ err parstalla fw4 e C !. Our eonteam hall irwwe Otat fID trertpevee seedfieationa, eeNetaen noairenrttlL teen. end sti+er entMerw A I rewittltn+t er tnawna+ OroaOaHS t» ne[ Oisennw+et. +Y`^ct n.n.rtud. IundiCa00ea. « "otwe~ C ~ E.iWrrr 10. when nteenaek. w eeetoem fftelt de.eltee a finance a••aw-ioe v,irrn' eooerslrnitiel a+t! anie,oae. atd A I Hint in am alwwuen a wn0~ora pwo traunine yreyrar. mee.nt a tn. torrwenT'f entoteree n..di C 11. Cur con+wm fnall eent;nalu~ irwnserlt aid e+teluetl YI ntieeritr. Atetdioooed t+d llnule ptiaa~ ter A prontouon oooorturaues end tnfeafrge trrnptty aefC knfeM entploTSes to act ta+Ct pppernfninef. • C ltarw+ A t2. OVr ea*oar.v analt rnsaa trra Wt Mmenev ysetraas. pb datulitalront. ntM of w•. and eOVr le:n~t at csrnoantat~an. and etnn arnp~oaea eranrcat ane aattiliaatian ee net ~a•a an Yn1awlVllr 6iKnrn,wala,,, Ntact en Mnecsoead. wnnenq er Iarrta4 arnWereaa. e ~ E.aaM -r 1~. Orr Cern7arhl w,ll nuta CfRa~n LNaI all fatiGLta nonnall~ raf0 COnCYrrMtlY p1' all tOT7any Ktirlliaa ara A nyttapayatad. e ~ E~+N "~" 1l. Orr eeepuq still tsatu cattaan teat all auacenttaecets are Sa eenpllalxa vlsn tAa A A!lltnscf•e AeLien Casgtiance plan e! cAa leplanaetiq aetity, ane teat ail p»jaet suocenc:accers M•a an appto•ae A[lir+at!•e Aetlon plan. 6 ~ Eadarn t' li Orr menoarr• aftae adieu sidt tw weea+trstra trap nt+nentY wbeentrat:tors and fan+Ma weeenvatwa A waiact to wa.laerrtt• e O Esetarn "i= 16. Orr canwnr al+all nlaYa every efleR to pw+da afar ueAeat, wtrlntar ant! •aotian an+olerTent u ntineritp A -ertnt s C EaWnn "r 17. Out caepattt sea 11 esntlnrallY tasnites all pttaensal actl•iLlaa Le iesvn chat Lea A leplaeantlnL ancit7's A!llt+stc•a action pelic~ !et t:eecraccots ally Yanaeta !.s cattaM wlc. • ~ Eae4rn Y Dew f~nea Tear 02 329 CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS ( Applicable to Federally assisted construction contracts and related subcontracts exceeding $100.000 ) During the performance of this contract, the Contractor and all subcontractors shall comply with the requirements of the Clean Air Act, as amended, 42 USC 1857 et. seq., the Federal Water Pollution Control Act, as amended, 33 USC 1251 et. seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR, Part 15, as amended, and Executive Order 11738. In addition to the foregoing requirements, all nonexempt contractors and subcontractors shall furnish to the owner, the following: (1) A stipulation by the Contractor of subcontractors, that any facility to be utilized in the performance of any nonexempt contract or subcontract, is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20 (2) Agreement by the Contractor to comply with all the requirements of Section 114 of the Clean Air Act, as amended, (42 USC 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 USC 1318) relating to inspection, monitoring, entry, reports and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder. (3) A stipulation that as a condition for the award of the contract, prompt notice will be given of any notification received from the Directoc, Office of Federal Activities, EPA, indicating that a facility utilized, or to be utilized for the contract, is under consideration to be listed on the EPA List of Violating Facilities. (4) Agreement by the Contractor that he will include, or cause to be included, the criteria and requirements in paragraph (1) through (4) of this section in every nonexempt subcontract and requiring that the Contractor will take such action as the Government may direct as a means of enforcing such provisions. I certify that I have read the Certification of Compliance with Air and Water Acts, and agree to comply with the provisions contained therein. Signature Date Company Name Address 02 329 FORM OF PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we a hereinafter called "Principal" and ,State of hereinafter called the "Surety", are held and firmly bound unto hereinafter called "Owner", in the penal sum 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 presents. THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the Owner, dated the day of 20 _, a copy of which is hereto attached and made a part hereof for the construction of: NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all 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 Surery, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. 02 329 IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each one of which shall be deemed an original, this the day of , 20 ATTEST: Principal (Seal) Secretary of Principal By Signature Address Witness as to Principal Address ATTEST: Secretary of Surety (Seal) By Witness as to Surety Address Surety Attorney-In-Fact Address NOTE: Date of Bond must not be prior to date of Contract. 02 329• FORM OF LABOR AND MATERIALS BOND KNOW ALL MEN BY THESE PRESENTS: That we a hereinafter called "Principal" and ,State of hereinafter called the "Surety", are held and firmly bound unto hereinafter called "Owner", in the penal sum 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 presents. THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the Owner, dated the day of 20 _, a copy of which is hereto attached and made a part hereof for the construction of: NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machines, equipment and tools, consumed or used in connection with the construction of such work, and all insurance premiums on said work, and for all labor, performed in such work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. 02 329 IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each one of which shall be deemed an original, this the day of , 20 ATTEST: Principal (Seal) Secretary of Principal By Signature Address Witness as to Principal Address Surety ATTEST: (Seal) By Attorney-In-Fact Address Witness as to Surety Secretary of Surety Address 02 329 CERTIFICATION BY PROPOSED CONTRACTOR REGARDING JAPANESE CONTRACT RESTRICTIONS Background Section 109 of the Public Law 100-202 imposes a ban against the use of foreign contractors and suppliers who are from countries that discriminate against U.S. firms in public works projects. To date, Japan is the only country to which these restrictions apply. The ban applies to construction contractors and to architectural, engineering or other services directly relating to the construction or rehabilitation of public buildings or projects. A firm is affected by the ban if 50~ or more of its stock is owned or controlled by a citizen or national of a foreign country included on the list of foreign countries that discriminate against U.S. firms published by the U.S. Trade Representative (USTR). General partnerships are also covered by the ban. A clause entitled "Restrictions on Public Buildings and Public Works Projects" is included in the body of the construction contract for the proposed project. This clause provides detailed definitions and restrictions pertaining to the award of this contract. The bidder referenced below is the firm, company, corporation or its representative proposing to do work on or supply materials for the project. Contractor's Certification Bidding Contractor's Name: Address: 1. Bidder is not owned or controlled by a firm(s) included on the list of countries that discriminate against U.S. firms published by the USTR. True False 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 including permanently affixed instruments, equipment, electronics or other devices (excluding vehicles and construction equipment) of a country on the USTR list. True False Certification -The information above is true and complete to the best of my knowledge and belief. Name and Title of Signer (please type) Signature Date Note: Failure to complete this form is cause for rejection of the bid as not being responsive or responsible 02 329 II LABOR STANDARDS PROVISIONS ,,d~a1 labor Standards Provisions ~.~+~ 1 MaaQ a hpprfT ° .nrl, fr caunn-7o^ .aa cewgG bf ~ +rae ~'^~ ~ swop asalare a fr irnle Sara a ~rwaw are fe Faeaa~ laOa Sonaare Mv'lrenl an rrlrJUeae M f+r Gonnc+ re.lri a0a~er ° veto Fleau sausonu. ryyn b M Ors'^s's^a s, t. 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W1tMt7 tD M CaAae Weaa raearnl ana SWIy ~tY ~ M101 ^ na0 ~!' h me enaa Oatfa.'er /rCn aw~a i atay w aaaarrwr 1 w ntnsrry to n+ah am raa+tas a auCt mraaee w rewwees b unote wags we taouaewa aawagw r trereae w tr aerna as terr+ w nmrapraen Ql a mr oarpn0ti ta) s~elarrraea Ttr aatrsav v rromrstaw aw wYn w ant areea+eaes tna aauaOa we tsrs+ n Waswapa0n flI tnrwgn MI tY ore Mregrtan ana aro t etn+ta nswrrtq M WeearleaCbra b wWraa r,wa erraaa w any ts.a tar nsmnraa Tttt error morose, Nat w rt7aJ,rer b mwartrw A ay aralmrwaea a bwer air auamRac• b wrr, N ean0 M taa+ w ureaerepaata RI ttragn Ml a as aartOn*OR C IIta1H one sMwr (t)1ae eaaw a naetrtc wW ea mares b tart w anaurMga a unsa werewq oenettare rnttA N urwren, ttawaaa w Yrp- as O rr naae+ are aaery r Oawrrnnaa Mraar aanaeueaon Yta1' ae xaaN anrrwa teeraapaere y re Sro~ a Nsar y w9uawR ~ Ttrt GwtaeClr NY searrry caret Y ragranwra rrras w A SaeNry a NOer eururt to Tea ~q hn tti4{ IbwrwA can 1ftO are tWe q sacra/ wet ~~ w treawawr a Yrraaar V Wan O N GNP trait wen, Haas w star st.nawaa aer B+tere taw q,.la. O star. to Al Ttr (Jreemr arras areJraa ti ^rrrawe a nw arsae w Gray Wlewfee w rrw aw+ (rr.rae de w a/eaq N Yew Wemrrfa0r• Ttn t:ereacsw wa w soar aeon a soaa a am rrsmrwaes w h LaawrY a MaewO eras UrOan Oera00rrn a 1M lsrewrT a New NY was r t ararws w w+evrq ardt Vrrrwera MW+OSO Q~t ~2 '?9 Title 29-Labor Subtitle A-Office of the Secretory, of Labor PART 3-CONTRACTORS AND SUB- CONTtACTORS ON PUBLIC BUILD- ING OR PUBLIC WORK FINANCED IN WHOLE OR IN PART BY LOANS OR GRANTS FROM THE UNITED STATES PART S-LABOR STANDARDS tROYi• SIONS APPLICABLE TO CONTRACTS COVERING FEDERALLY FINANCED AND ASSISTL•0 CONSTRUCTION 02 329 PART 3 cONTRALTORS AND SUBCONTRACTORS OM PUBLIC BUILDING OR PUBLIC YORK FINANCED IN MHOLE OR IN PART BT LOANS OR GRANTS FROM 7HE UNITED 5TA7E5 SECTION: 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.B 3.9 3.10 3.11 3.1 Purpose and scope. Definitions. Weekly statement witn respect to payment of wages. Submission of weekly statements and the preservation and inspection of weekly payroll records. Payroll deductions permissible without application to or approval of the Secretary of LaDOr. Payroll deductions permissible with the approval of she Secretary of LdDOr. Applications for the approval of Action by the Secretary of Labor Prohibited payroi~ deductions. Methods of payment of wages. Regulations part of contract. Purpose and Scope the Secretary of LaDOr. upon applications. This part prescribes "anti-kickback' regulations under Section 2 of the Act of June 13. 1934, as amended I40 U.S.C. 276c). popularly known as the Copeland Act. This part applies to any contract rhich is subject to Federal wage standards and rhich is for the construction. prosecution, completion. or repair of public buildings, DuDlic corks or buildings or works financed in Thole or in part by loans or grants from the United States. The part is intended to aid in the enforcement of the minimum rage provisions of the David-Bacon Act and the various statutes dealing rith Federally-assisted construction that contain similar minimum .wage provisions. including those provisions which are nos subject to Reorganization Plan No. 1~ (e.g., the College Housing Act of 1950, the Federal Mater. Pollution Control Act, and the Housing Act of 1959). and in the enforcement of the overtine provisions of the Contract Mork Hours Standards Act rhenever they are applicable to construction work. The part details the obligation of contractors and subcontractors relative to the rSekly submission of statements regarding the wages paid on work covered thereby; sets forth the circumstances and procedures governing the making of payroll deductions from the rages of those employed on such cork; and delineates the methods of payment permissible on such work. 02 ~~g 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, highrays, parkways. streets, subways, tunnels, sewers, mains, porerlines, Dumping stations, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees. and canals; dredging, shoring, scaffolding, drilling, blasting, excavating, clearing, and lahdscaping. Unless conducted in connection with and at the site of such a building or cork as is described in the foregoing sentence. the manufacture or furnishing of materials, articles. supplies, or eouipment (whether or not a Federal or Slate agency acquires title to such materials. articles. supplies. or equipment during the, course of the manufacture or furnishing or owns the materials from rhich they are manu- factured or furnished) is not a "building" or `cork` vithin the meaning of the regulations in this part. (D) The terms "construction`, "prosecution". ' 'completion", or 'repair` mean all types of work done on a particular building or work at the site thereof. including. rithout limitation, altering. remodeling. painting and decorating. the transporting of materials and supplies to or from the building or cork by the employees of the construction contractor or construction suDCOntractor, and the manufacturing or furnishing of materials. articles. 2upplies. or equipment on the site of the building or cork. by persons employed mt the site Dy the contractor or subcontractor. lc) The terms 'public building` or `public cork" include building or work for chose construction, prosecution. completion, or repair, as defined•aDove. a Federal agency is a contracting party. regardless of whether title thereof is in s Federal agency. (d) The term 'building or cork financed in Thole or in part by loans or grants from the United States" includes building or cork 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 Dy a Federal agency. The term includes Dui1d- ing or cork 4or which the Federal asistance granted is in the form of loan guarantees or insurance. 02 329 (e) Every person paid Dy a contractor or subcontractor in any manner for his labor in the construction, Drosecution, completion, or repair of a Dublic building or public work or building or Mork financed in whole or in part Dy loans or grants from the united States is "employed" and receiving "wages", regardless of any contractual relationsnip alleged to exist Detwetn him and the real employer. (f) The agent, anor aotneratcloseerrelativeclofeSthe spouse, child, P contractor or subcontractor; a partner or officer of the Contractor or subcontractor; a corporation closely connected otherMnse~oandaanoofficeruoroagent of suchacorporatbona~ary, or (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 Mith respect to payment of wages. (a) As used in this section, the tern 'employee" shall not apply to persons in classifications higher loan that of laborer or mechanic and those who are the immediate superviscrs of such employees. (D)(1) Each contractor or subcontractor engaged io the construction, Drosecution. completion.. or repair of any public building or public rork. or building or rork financed in thole or in part Dy loans or grants from the United States. shall furnish each week a statement with respect to the rages paid each of its employees engaged on rork covered Dy 29 CFR Parts 3 and 5. during the preceding reekly payroll period. (2) Each 'Statement of Compliance' shall De signed by the contractor or subcontractor or his or her agent rho pays or supervises the Dayment of tht persons employed under the contract and shall certify the following: (i) That the payroll period contains the information required to De maintained under 5.5(a)(3)(i) of this Chapter, 29 CFR Part 5 and that such informatlon is correct and complete; 02 329 (ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the Contract „w during the payroll period nas Deen paid the full w~ekandwthat earned, without rebate, either directly or indirectl no deductions have Deen made either_directly or indirectly from .u the full wages earned, other than permissible deductions as set forth in 3.5-3.8; (iii) That each laborer or mechanic has Deen paid not less than the wage rates and fringe benefits or cash euivalents for 19cab1leswage determinat~onkincorporatedaintoethe .~. fled in the apP 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) Tne any contract ~. requirements of this section shall not apply to of s2.000 or less. (d) Upon a written finding Dyrov;dehreasonaDle agency, the Secretary of LaDOr may D tions, variations. tolerances, and exemptions from the meats of this section subject to such conditions Secretary of Labor may specify. [29 F.R. 97. Jan' 4. amended at 88 F.R.10180. July 17. 1968] Federal limita- re0uire- as the 1964. as 3.4 S sp~ction of reekly payrollnrec rds the preservation and (a) Each reekly statement repuired under 3.3 shall De. detirered Dy the contractor or subcontractor. rithin seven days after the regular payment date of the payroll period. to a representative of a Federal or State agency in charge at the site of the building or rock. or. if there is no representative of a Federal or State agency at the site of the Dullding or rork.. the statement shall De mailed DY the contractor or sub- contractor, rithin such time. to a Federal or State agency con- tracting for or financing the Dullding or rock. After such examination and check as may De made. such statement, or a Copy thereof, shall De kept available. or shall be transmitted together r~throcedurest prescribed labyon~the aUnitednc States applicable D Department of Labor. (p) Each contractor of subcontractor shall preserve his reekly payroll records for a period of three years from date of accurately andtcompletelyt the7nameaandladdressdofseach laborer 02 and mechanic, his correct classification, rate of DaY. daily and weekly number of hours worked, deductions made, and actual wages paid. Such payroll recortls shall De made available at all tints for inspection Dy the contracting officer or his authorized representative, and Dy authorized representatives of the Department of Labor. 3.5 Payroll Deductions Permissible Mithout 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 razes and Federal social security taxes. (p) Any deduction of sums previously paid to the employee as a bona fide Dre-DaYment of wages when such prepay- ment is made without discount or interest. A "Dona fide pre- payment of wages" is considered to have been made only when cash or its equivalent has been advanced to the person employed in such manner as to give him complete freedom of disposition of the advanced funds. (c) Any deduction of amounts required by court process to De paid to another, unless, the deduction is in fav- or of the contractor, subcontractor. or any affiliated person. or then collusion or collaboration exists. (d) Any deduction constituting a contribution on behalf of the person employed to funds established Dy the employer or representatives of employees. or Doth, for the purpose of providing either from principal or income. or Doth. 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; 329 (2) It is either: (1) Voluntary consented Lo Dy the employee in writing and in advance of the period in which the cork is to be done and such consent is not a condition either for the obtaining of or for the continuation of employment. or (ii) provided for in a Dona fide collective bargaining agreement Detreen the contractor or subcontractor and representatives of its employees: 02 329. (3) no profit or other benefit is ctherwise Obtained, directly or indirectly, by the contractor or subcontractor Or any affiliated person in the form of commission. dividend, or otherwise; and (q) the deductions shall serve the convenience and interest of the employee. (e) And deduction contributing towarVhene voluntarily United States Defense Stamps and Bonds authorized by the employee. (f) pny deduction requested Dy the employee to enable him to repay loans to °intaccordance withe Fe~deraleQanduState organized and operated " credit union statutes. (g) Any deduction voluntarily authoovernmental for "employee for the making of contributions to 9 quasi-governmental agencies. such as the American Red Gross. (h) Any deduction voluntarily authorized •by the UnpitedeGivers Fundsakand similar rchar,taDle organ zationshests. (i) Any deduction to pay regular union initiation fees and membership dues. not inciud~ng fines or special assessments: Provided, however, that a collective bargaining agreement between the contract ~orides for csuchadeductions representatives of its employees p lay. and the deductions are not otRerwise prohibited by _ (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. Mhen such a 516u25(a) ofsthisdtitle shalld be kept, rccords required under (k) And deduction for the cost of safety equipment of nominal value purchased Dy the employee as his own property for his personal protectionloveshiandMhard hats. if s ch tequi.pment safety glasses, safety 9 is not required Dy lay to be furnished Dy the employer. if such deduction is not violative of the Fair Labor Standards Act or prohibited Dy other law. if the cost on which the deduction is based does not exceed the actual cost to the employer vhere the equipment is purchased from him and does not include any direct or indirect monetary return to the employer where the equipment 02 329 is Purchased from a third person, aTd if the deduction is tither (1) voluntarily consented to Dy the employee in writing and in advance Of the period in which the work i5 LO De done and Such Consent is not a condition either for the obtaining of employment or its continuance; or (2) provided for in a bona fide collective bargaining agreement between the contractor or subcontractor and re4resiy54 ttassa ended atl36ees~ 977D, May L29 F.R. 97, Jan. 28.1971] 3.6 Payroll Deodf Labor Permissible with the Approval of the Secretary Any contractor or subcontractor may apply to the Secretary of Labor for P7 het Secretary m may agrant dpermission permitted under 3.5. rhenever he finds that: (a) The contractor, subcontractor, or any affiliated person does not make a profit or benefit directly or indirectly from the deduction either in the form of a commission. dividend. or otherwise; (b) The The deduction is not otherwise prohibited Dy tar: (c) The deduction is either (1) voluntarily consented to by the employee in rriting and in advance of the period in rhich the wort is to be done and such consent is not a condition either for the obtaining of employment or its continuance. or (2) provided for in a bona fide collective bargaining agreement betreen 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 rith the requireaents prescribed 1n the folloring paragraphs of this section: (a) The application shall De in rriting and shall be addressed to the Secretary of Labor. (b) The application need not identify the contract or contracts under rhich the rork in question is to be perforoed. futurescontracts of tnevapp iocantefortaoperi d ofil year ~ A rea 02 329 neral of permission to make such payroi;ca a cn twAich,lmakes granted upon the suDmissionlicatiaon,arecites the date of the reference to the original aDD Secretary of Labor's approval of such dedian~Censwithtatne affirmatively that tnere is continued comp standards set forth in the provisi°in oregard ato sthe~fpayroll conditions which have changed 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 aDD1iC the npurpose tocDed servede thereby ~ and the proposed deduction. the classes of laborers or mechanics from chose rages t e proposed deduction would De made. • le) The application shall stfundsheobtaieneddfrom nthe of any third person to rhom any proposed deductions are withDthe applicant, and the affiliation of such person, if any. _ 3,g Action by the Secretary of Labor Upon Applications The Secretary of Labor shall decide rhether or not the requested deduction licanLminsvritingdof hisvdecisionf 3.6: and shall notify the apP 3,g Prohibited Payroll Deductions this part and Deductions not elserhere DrovideQ for-by _ which are not found to be peroissiDte under 3.6 are prohibited. 3.10 Methods of Payoent of Wages The payment of rages shall De by cash. negotiable pensati~ontforarhich deductions are permissiDienunderrthlsfpart. No other methods of payment shall be recognized on rock subject to the Copeland Act. 3.11 Regulations Part of Contract All contracts made rith respect to the constructiono* prosecution, completion. or repair of any public building public cork or building or cork financed in whole or in partthe loans or grants from the United States covered Dy regulations in this part whLht s chreoflihei reg lationsrainothis ' subcontractor to comply part as may De applicable. In this regard. see 5.5(a) of this Subtitle. 02 329 PART 5 LABOR STANDARDS PROVISIONS APPLICABLE 70 CONTRACTS COYERIN6 FEDERALLY FINANCED ANO ASSISTED CONSTRUCTION (ALSO LABOR STANDARDS PROVISIONS THE ILONTRAC70 MORK OH OURS CA ND SAFETYR STTANOARDS CAA CT) Subpart A - Davis-Bacon and Related Acts Provisions and Procedures SECTION: 5,1 Purpose and scope 5.2 Definitions 5.3 [Reserved] 5.4 5.5 [Reserved] Contract provisions and related matters 5.6 5.7 Enforcement Reports to the Secretary of LaDOr Contract Work th Hours and 5.8 e Liquidated damages under Safety Standards Act 5 9 Suspension of funds . 5.10 Restitution, crimintl action 5.11 Disputes concerning payment of wages 5.12 Debarment proceedings 5.13 5.14 Rulings and interpretations variations. tolerances. and exemptions from P arts 1 and 15 5 3 of this subtitle and this part Limitations. variations. tolerances. and exemptions _ . under the Contract Work Hours and_Safety Standards Act the Department d D 5.16 y Training plans approved or recognize 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 "... consribution irrevocably made ... to a trustee or to a third person'. 5,27 "... fund. plan. or program'. 02 329 5,Y8 Unfunded plans 5,29 Specific fringe Dencfits 5.30 types of rage determinations 5.31 Meeting rage 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 Dy Reorganization Plan No. 14 of 1950 and the Copeland Act in order to coordinate the administration and enforcement of the labor standards Drovisions of each of the following acts Dy the Federal agencies responsible for their administration and of such additional statutes as may from time to time confer upon the Secretary of LaDOr additional duties and responsi- Dilities similar to those conferred upon the Secretary of Labor under Reorganization Plan Mo. 14 of 1950: 1. The Davis-Bacon Act [Section 1-7, 46. Stat. 1949, as amended; PuD. L. 74-403. t0 U.S.C. 276a-276a-7]. 2. 3. Standards Act [40 4. c. 847. 48 Stat. 171St and repeats Copeland Act [40 U:S.C. Z76c]. The Contract Mork Hours and Safety U.S.C. 327-332]. . National Housing Act [Section 212 added to 1246. Dy Section 14. 53 Stat. 807; 12 U.S.C. d1y amended]. 5. Housing Act of 1950 (college housing) [amended Dy Mousing Act of 1959 to add labor provisions. 73 ' Stat. 681; 12 U.S.C. 1749a(f)]. 6. Housing Act of 1959 [Section 4011f) of the dousing Act of 1950 as amended by PuD. L. 86-372. 73 Stat. 681; 12 U.S.C. 1101q(c)t3)]• ~ 7. Commercial Fisheries Research and Development Act of 1964 [Section 7. 78 Stat. 149: 16 U.S.G. 779etD)]• 8. Library Services 'and Construction Act [Section 7(a). 78 Stat. 13; 20 U.S.C. 355cta)(4). as amended]. 9. Rational Technical Institute for the Deaf Act [Section 5tD)t5), 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. B46 as amended; 20 U.S.C. 954(j)]. 02 X29 11. Elementary and Secondary education Act of 1965 as amended by Elementary and Secondary andPo~tbherLEd91a23o0n Amendments of 1969 [Section 423 as added by title IV, Section 401(a)(10), 84 Stat. 169, and renumbered Section 433, by PuD. L. 92-318; title II1 Section 301(a)(1). 86 Stat. 326; 20 U.S.C. 1232(b)]. Under the amendment coverage is Extended to all programs administered Dy the Commissioner of Education. 12, The Federal-Aid Highway Acts [72 Stat. 895. as amended Dy 82 Stat. 821: 23 U.S.C. 113, as amended Dy the Surface transportation Assistance Act of 1982. Pub. L. 97-424]. i3. Indian Serf-Determination and Education Assis-ar.ce Ac: :Section 7, 8B Stat. 2205; 25 U.S.C. 450e]. 4 :; iar ~cait' Care Improvement Act [Section `' gu S:zt 1GC7•~L5 U.S.i.. :633(b)J. A~.~r. • , •- cf :573 [Sec :ion _~, ;er.z~:.'.cation ...t iYG1Jr,D, -~ __ _:, '-vy:.E:t znd :rair:-.5 pct • - -E. .'.S ~ Vc r -y~ Cy ~ ~ 5s0 SECL'or.•'7vo cy GT :~7: -t:C' - __. ^G 68 S:Lt. ' be 5c~=.s+:: 2S .~.~. ~-~, z'. so ~ect~cn 6v -• 23 L~.-.~. :5:i~:.5:. ~- - _acz" -isca~ Assis:Lr.ce Act .s -t .e _~- ~ _ .S " d3 5czc. 933:• u .~. -2G5(ai~c;: =z.e-ti ~rater %oi ~z:or Cc:trc: ka - - 0~'65~cci:n 2, c6 Stat. 694; 53 ti.~.C. _372: .~E:-.-.. ~.:. - _ 'etor~~s ~:'s'r.5 nave ;,are Act o` 1554.78 Scst. ;~~, ~= =~~adec: 36 :,.S.C. 5C35(ti(o)~. 2- ?cs'a: Reorga:.iia:ia^. Act iSE::'.er. '< Sta:. 725 as ameaaea: 33 U.S.Q. C10(b)(4i:~~~• ., 2, %ationai Yisit~rs Center Facili:ics Act ~' 1506 :sec. iii. 32 Stat. 45; 40 U.S.C. BCo;. 22, Ap~alECr.ian Reyio:.ci Deve:opmen: Ac= oT 1965 [sec. c02. 79 Star. 2:: 40 U.S.C. App. 452;. 23. Health Services Research. ea.-` Statistics, and ~'.edical Libraries Ac: of 1974 :sec. 1u7. see sec. 308(h)I2I thereof. 88 Stat. 370 as amended Dy 90 Stat. 378; 4Z U.S.C. 242m(h)(2)]. 24. Hospital Survey and Construction Ac :. as 196ad[secY 605(a)(5), 78 Stat.M453Ca42FU~SlCt~291 (a)(5)ents cf 02 329 P5, Health Professions. Educational Assistance Act [sec. 303(b), 90 Stat. 2254; 42 U.S.C. 293a1g)(1)(C): also sec. 308a, 90 Stat. 2258, 42 U.S.C. 293a(c)(7)]• 26. Nursc Training Act of 1964 (sec. 941(a)(1)(C), 89 Stat. 384; 42 U.S.C. 296a(0)(5)]. P7, Heart Disease, Cancer, and Stroke Amendments of 1965 [sec. 904, as added Dy sec. 2, 79 Stat. 928; 42 U.S.C. 299d1DI(417• 2B, Safe Drinking Water Act [sec. 2(a) see sec. 1450e thereof, 88 Stat. 1691: 42 U.S.C. 300j-gle)]. Y9, National Health Planning and Resources Act [sec. 4, see sec. 1604(D)ll)(II), BB Stat. 2261, 42 U.S.C. 30. u.S. Housing Act of 1937. as amended and recodified [88 Stat. 667; 42 U.S.L. 1437j]. 31. Demonstration Cities and Metropolitan Development Act of 1966 [secs. 110. 311. 503, 1003. 80 Stat. 1259. 1270, 1277, 1284; 42 U.S.C. 3310, 12 U.S.C. 1715c; 42 U.S.C. 1437j]. 32. Slum clearance program: Mousing Act of 1949 [sec. 109. 63 star. 419, as amended; 42 U.S.C. 1459]. 33. Farm housing: Housing Act of 1964 [adds sec. 516(f) to Housing Aci of 1949 Dy sec. 503, 78 Stat. 797; 42 U.S.C. 1486(f)]. _ _ . 34. Mousing Act of -1961 [sec. 707, added 0y sec. 907, 79 Stat. 496. as amended; 42 U.S.C. 1500c-3]. 35. Defense Mousing and Community Facilities and Services Act of 1951 [sec. 310. 65 slat. 307; 42 U.S.C. 15921.]. 36. Special Health Revier Sharing Act of 1975 [sec. 303. see sec. 222(a)(5) thereof. B9 Stat. 324; 42 U.S.L. 2589j(a)(5)]. 37. Economic Opportunity Act of 1964 [sec. 607. 78 Stat. 532; 42 U.S.C. 2947]. 38. Headstart. Economic Opportunity, and Community Partnership Act of 1914 [sec. 11. see sec. 811 thereof, 88 Stat. 2327; 42 U.S.C. 2992a]. 02 329 3g• 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. PuD. ~• 89_73, as amended oy sec. 501. PuD. 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.L. 3222]. 42 Juvenile8B4~ inquency Prevention Act Lsec. 1, 86 5tat. 536; 42 U.S.C. 43. Ner Communities Act of 1968 Lsec. 410, 82 Stat. 516: 42 U.S.C. 3909]• 44. uroan Growth and New Community Development Act of 1970 Csec. 727(f). 84 Stat. 1803; 42 U.S.C. 4529]• a5. Domestic Volunteer Service. Act of •1973 Lsec. 406. 87 Stat. 410: 42 U.S.C. 5046]. 46. HousingBBanStat~649n~t724Dev42oD~m5 C•A 5310f 1974 [secs. 110 B02(g). 1440(5)]• q7, Developmentally Disabled Assis 42cU.5ata Bi11 of Rights Act Lsec. 126(4), 89 Stat. 488: 42 U.S.C. 6042(4): title 1, sec. 111. 89 Stat. 491; 6063(0)(19)]• 48. National Energy Conservation Policy Act [sec. 312. 92 Stat. 3254: a2 U.S.C. 6371j7• 4g• Public Morks Employment Act of 1976 [sec. 1008; 942 UtStL.16728] 42 U.S.C. 6708: also sec. 208. 90 Stat. 50. Energy Conservation and Production Act [sec: 4511h). 90 Stat. 1168: 42 U.S.C. 6881(h)]• 51. Solid Maste Disposal Act Csec• 2. 90 Stat. 2823; 42 U.S.C. 6979]. 52• Rail Passenger Service Act of 1970 Lsec. 405d. 84 Stat.•1337; 45 U.S.C. 565(d)]• 53. Urban Mass Transportation Act of 1964 [set. 10. 78 Stat. 307; renumbered sec. 13 by 88 Stat. 715; 49 U.S.C. 1605]. 54. Highray Speed Ground Transportation Study Lsec. 6(D). 79 Stat. 893: 49 U.S.C. 1636(b)]• 02 329 55. Airport and Airway Development Act of 1970 [sec. 22(D), 64 Stat. 231; 49 U.S.C. 1722(D)7• 56. Federal Civii Defense Act of 1950 [50 U.S.C. App. 2281iJ. 57, National Capital Transportation Act of 1965 [sec. 3(D)(4), 79 Stat. 6aa; 40 U.S.C. 682(D)(4). N07E: repealed December 9, 1969, and labor standards incorporated in sec. 1-1431 of the District of Columbia Code]. 56, Model Secondary School for the Deaf Act [Sec. 4, BO Stat. 1027, PuD. L. 89-fi94, but not in the United States Lode]. 5g, Delaware River Basin Compact [sec. 15.1. 75 Stat. 714, PuD. L. 87-328] (considered a statute fiat purposes of Lhe plan Dut not in the United States Lodc). 60. Energy Security Act [sec. 1751c). Pub. L. 96-294, 94 Stat.-611; 42 U.S.C. 8701 nose]. (p) 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 Davis-Bacon Act and its related statutes as listed in that part. 5.2 Definitions (a) The term "Secretary" includes the Secretary of Labor. the Deputy Under Secretary for Employment Standards. and their authorized representatives. (p) The term "Administrator" means the Administrator of the Mage and. Nour Division, Employment Standards Administration. U.S. Department of labor. or authorized repre- sentative. (c) 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 otherrise, to the project subject to a statute listed in 5.1. (d) The term 'Agency Head" means the principal official of the Federal .agency and includes those persons duly authorized to act in the behalf of the Agency Nead. (e) The term 'Contracting Officer" means the individual, a duty appointed suctessor, or authorized 02 329 ContradtsaonvDehalf ~cf the1Federalaagency horized to enter into (f) The term "labor standards" as used in this part means the requirements of the Davis-Bacon Act. Lne Contract HOfk HOUrS and Safety $ta^OardS ACt ~OLher than those rtldLing t0 safety and nealtn), the COpeldnd ACL, dnd Lhe prevailing wage provisions of Lne other statutes listed in S.l, and the regulations in Par25 1 and 3 of this subtitle and tnis part.. (g) The Lerm "United States or the District of Columbia" means the united States, the District of Columbia. and all ezecutiv~ncides arandn isnstrument ldities eofa tlhe hUnited adp+inistrative ag States and of the District of Columbia, including corporations. all or substantially ali of the stock of which is beneficially owned by the United States, Dy 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 is not regarded as a contractor under statutes providing loans. grants. or other Federal assistance in situations where construction is performed by its orn 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 ler~s `Duilding`~or `rock' generally include construction activity as distinguished from manufacturing. furnishing of materials. or servicing and aaintenance work. The terms include without limitation. buildings, structures. and improvements of all types. such as bridges. dams. plants. highrays, parkways. streets. subrays. tunnels. severs. mains. power' tines. Dumping stations. heavy generators. raiirays. air- ports, terminals. docts. biers. rharvts. ways. lighthouses. buoys, jetties. breakwaters. levees, canals. dredging. shoring. rehabilitation and reactivation of plants. scaffolding. drilling, blasting, excavating. clearing. and landscapin9~esTor manufacture or furnishing of materials. articles. supp 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 rhich they are manufactured or furnished) is not a "building' or `cork' within the meaning of the regulations in this part unless conducted in connection with and at the site of such a building or wort as is described in the foregoing sentence, or under the United States Housing Act of 1937 and the Mousing Act of 1949 in the construction or development of the project. 02 329 (j) The terms "construction", "prosecution", ' 'completion", or "repair" mean all types of work none on a particular building or work at the Site thereof lor, under the United States Mousing Act of 1937 and the Housing Act of 1949), all work done in the construction or develoDmeremodeli~he project. including without limitation, altering, 9• installation (where appropriate) on the site of the work of items fabricated off-site. pa~nlies to nor from the~Duilding transporting of materials and supp or work by the employees of the construction contractor or construction subcontractor, a; aes hcrmequipment~ on the usite Hof of materials, articles, suDD the building or work lor, under the united States Housing Act of 1937 and the Housing Act of 1949, in the construction or development of the project), by persons employed Dy the contractor or subcontractor. (k) The term "public building" or "public work" includes building or work, the construction, prosecution. com- plttion. or repair of which, as defined above. is carried on server thebinterest~of theogeneralfpuDiicfregardlesslofgwhether title thereof is in a Federal agency. (1) The term "site of the work' is defined as follors: (1) The 'site of the rork' is limited to the physical place or places rhere the construction called for in the contract rill remain Then rork on it has been completed and. as discussed in paragraph (1)(2) of this section. other adjacent or nearby property used Dy the contractor or subcon- tractor in such construction rhich can-reasonably be said to De included in the `site`. - (2) Except as provided in paragraph (1)(3) of this section. fabrication p1•ants, mobile factories. batch plants, Dorror pits. job headquarters. tool yards. etc., are part of the 'site of the rork' provided they are dedicated exclusively. or nearly so. to ptrformance of the contract or project, and are so locattd in proxicity to the actual construction location that it could be reasonable to include them. (3) Not included in the 'site of the rork''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, horror pits. job headquarters, tool yards. etc.. 02 329 of a commercial supplier or materialman which are established py a supplier of materials for the project before opening of bids and not on the project site, are reviously uestaDlnished the work". Such permanent, D "site of the operations for a periodfofhtime~mayoDetded~cated exclusives ly, or nearly so, to the performance of a contract. (m) The term "laborer" or "mechanic" includes at least those workers whose duties are manual or physical in nature (including those workers who use tools or who are performing the work of a trade), as ,distinguished from mental or managerial. The term "laborer or 'mechanic" includes apprentices, trainees, Helpers. and, in the casStandardsrACts subject to t-+ua'astr~he term doessnotdapDlYtto workers chose watchmen or 9 administrative. executive. or clerical, duties are primarily rather than manual. Persons employed in a Dona fide execu- Part~ 541 ~ ofsttni sVeti t1 a pare a not ndeemed a to yDe s 1 aborers or mechanics. Working foremen who devote more than 20 percent of their time during a workweek to mechanic or laborer duties. and mechanicsofor the t~imecso spe t of Part 541, are laborers and (n) The terms apprentice and trainee are defined ai follors: (1) 'ApDrtntice' means (i) a person employed and individually registered in a Dona fide apDrenticeshiP went gram registered rite the U.S. Department of ~ ~enticeshipy and and Training Administration. Bursar of APP recognized by Training. or rite a State Apprenticeship Agency the Bureau, o~mployment Das so an inaDDrenticest in0 sub s an probationary apprenticeship program. rho is not individually registered ~n the program, Dut rho has been certified Dy the Bure~auen~y ApprenticerOiDiate) to ibenellgible foreproDationt y employment (There aDP D, as an•apprent~ce: (2) 'Trainee' means a person registered and receiving on-the-job training ~n roved°intadvance byctheaU~S~ under a program rhich has Deen aDD Department of Labor, Employment and Training Administrrams 'and meeting its standards for on-the-job training grog rhich has been so certified by that Administration. (3) these provisions do not apply to `apprentices' and `trainees' employed on projects subject to 23 02 3~9 U.S.C- 113 who certified by the 23 U.S.C. 113(c)• are enrolled in programs- which nave Deen Secretary of Transportation in accoroance rith (o} Every person performing the duties of a laborer or mechanic in the construction, prosecution, completion, or repair of a public building or puDlloans,rkgrantsu~or~guarantees financed in whole or in part by from the United States is "employed" regardless of any con- tractual relationship alleged to exist between the contractor and such person. (p) The term "wages" means the basic hourly rate of pay; any contribution irrevocably made Dy a contractor or sub- contractor to a trustee or to a third person pursuant to a bona fide fringe benefit fund. plan, or program; and the rate of costs to the contractor or subcontractor which may De reasonably anticipated in providing Dona fide fringe benefits to laborers and mechanics pursuant to an enforceable commitment to carry out a financially responsible plan of•program, rhich 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 retirement or death, compensation for injuries or illness resulting frog occupational activity, or insurance to provide any of the fore- going; unemployment benefits; life insurance. disability insurance, sickness insurance, or accident insurance; vacation or holiday pay; defraying costs of apprenticeship or other similar programs; or other bona fide fringe benefits. Fringe' benefits do not include benefits required by other Federal. State. or local lar. (q) The term "rage determinatioT' includes the original decision and any subsequent decisions modifying. superseding, correcting, or otherrise changing the provisions of the original decision. The application of the rage 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 consracting officer to insert in full in any contract in excess of 52.000 rhich is entered into for the actual construction. alteration and/or repair, including painting and decorating, of a public building or public cork. or building or work financed in rhole or in part from Federal funds or in accordance with guarantees of a Federal agency or financed from funds obtained 02 329 Dy pledge of any contract of a Federal agency to make a loan, grant or annuainGcated)t~ and(ewnicn ~SersuDJeClt feoe 'he e1dD09 is expressly of the acts listeC in 5.1, the standards provisions of any following clauses (or any moCifications thereof to meet the particular neeCs of the agency, p~rov= ded. that such moCifica- tions are first approved by the Department of labor); (1) Minimum wages. (i) All laborers and mechanics employed or working uponActheof~1937f orheunder the under the United States Housing Housing Act of 1949 in the construction or development of the project). will De paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account CexceOt such the SecretarycofoLabor under the 1L peland regulations issued Dy the full amount of wages and bona fide Act (29 CFR Part 3)7. fringe benefits (or cash equivalents thereof) due at Lime of payment Computed at rates not IeSS than those contained in the wage determination of the Secretary of Labor which 1S attached hereto and madMhlchPa ayneDe f allegeddltos exist ybetweenctthe relationship contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(bI(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv) of this section; also. regular contributions made or , costs incurred for more than a weekly period (ro ramst vhich often then quarterly) under plans, funds. or p 9 cover the particular reekly period, are deemed to De construct- ively made or incurred during such reekly period. .Such laborers and mechanics shall be paid the aapproximate rage rate _ and fringe benefits on the wage determination for the class- ification of work actually performed. rithout regard to skill. except as provided in 5.5(x)(4). Laborers or mechanics perform- ing rork in more than one classificatlon may be compensated at the rate specified for each classification for the '011 actually worked therein: provided. that the employer's pay records accurately set fort~+-t~+e time spent in each classifica• lion in rhich rork is performed. The rage determinrates (including any additional classification and rage conformed under paragraph (a)(1)(ii) of this section) and the Davis-Bacon Dosser (WN-1321) shall De posted at all times Dy the contractor and its subcontractors at the site of the work in a prominent and accessible place There 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 rage determination and which is to be employed under the contract shall De classified in conformance rith the 02 329 rage determination. The contracting officer shall approve an thereforaonlyl wne~e tha ~followidngrcriteriae have been gmetDenefits (1) The work to be perform- ed Dy the classification requested is not performed Dy a classification in the wage determination; and (2) The classification is utilized in tht area Dy the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, Dears a reasonable relationship to the wage rates contained in the wage determin- ation. (B) If the contractor and the laborers and mechanics to De employed in the classification (if knorn), or their representatives, and the contracting of#icer agree on the classification and rage rate (including the amount designated for fringe benefits where appropriate). a report of the action taken shall be sent Dy the contacting officer to the Administrator of the Wage and Hour Division. Employment Standards Administration, U.S. Department of Labor. Mashington. D.C. 20230. The Administrator, or an authorized represent- ative, rill approve. modify. or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or rill notify the contracting officer rithin the'30-day Deriod that additional Lime is necessary. (Approved Dy the Office 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. rnere 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. rill issue a determination rithin 30 days of receipt and so advise the contracting officer or will notify the contracting officer rithin the 30~day period that addition- al time is necessary. (Approved Dy the Office of Managemens and Budget under OMB control number 1215-0140.) (D) The rage rate (including fringe benefits where appropriate). determined pursuant to sub- paragraphs (l)(D) or lC) of this paragraph, shall De paid to atl rorkers performing work in the classification under this contract from the first day on rhich rork ii performed in the classification. 02 329 (iii) Whenever the Rinimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit watch is not`hezDenefit as an hourly rate, the contractor shall either pay stated in the wage determinatash equivalentaynereofer Dona fide fringe benefit or an Hourly (iv) if the contractor does not make payments to a trustee or other third person, the contractor may consider as parcoststhreasnaDlyfant clipatedr ~n mechanic the amount of any providing Dona fide fringe Denof~t~aborehas flound~r poerthe provided, that the Secretary written request of the contractor, that the applicable standards of r~Qu~re~tne contractorvtobset aside ineasseparate of Laoor may account assets for the me the gOfficel~of tManagement and p8udget program. (App.oved Dy under OMB Control number 1215-0140.) (2) Withholding. the (write in name of federal Agency or the ioan or grant recipient) Shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause totherwfederal from the contractor under this contract or any contract rith the same prime contractor. or any other Federally-assisted contract subject to Davis flacon prevailing wage requirements, which is held Dy the same prime contractor. so much of the accrued payments or advances as may De considered necessary to DaY laborers and mechanics. including apprentices. trainees. and helpers. employed by the contractor or any subcontractor the full amount of rages requi~aborer for contrast. In the event of failure. to pay anY mechanic. including any apprentice. trainee. or helper. employed or working on the site of the cork (or under tee 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 Dy the contract. the (Agency) aay. after mitten notice to the contractor. sponsor. applicant. or owner. take such action as day be necessary to cause the suspension of any further payment. advance. or guarantee of funds until such violations have ceased. (3) Payrolls and basic retards. (i) Payrolls and basic records relating thereto shall De maintained by the contractor during 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 SLates Housing Act of 1937. or under the Housing Act of 1949, in the 02 329 construction or development of the project). Suc eumDerrof shall contain the name, address, and social security each Such worker, his or her ratescof contrifDutitons ,OrhCOSts rates of wages paid (including tnereofatof the types fdescr ~edeine section rl(D)sl2)(B)~vofethe Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Mhenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(D)(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 Lo the laborers or mechanics affected, and records which show the Costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in teh BudgetaunderrOMBacontro/DnumDers 1215 0140iando1215r~0017e~t and (ii)(A) The contractor shall submit weekly for each week in rhich any contract cork 1s performed a copy of all payrolls to the (write in name of appropriate federal agency if the agency is a party to the contract, Dut if the agency is not such a party. the contractor vill submit the payrolls to the applicant. sponsor. or owner. as the case may be. for transmission to the (write in name of agency). The payrolls submitted shall set out accurately and - undere5e5(a)(13)(i) ofeRegulations~n29eCFRrPartoSDeThispinfora motion aiay De submitted in any form desired. Optional Fore MN-347 is available for this purpose and may De purchased from the Superintendent of Ducuments (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office. Hashington. D.C. 2D402. The prime contractor is responsible for the submission of copies of payrolls Dy all subcontractors. (Approved by the Office of Management and Budget under OMB control number 1215-0149.) (B) Each payroll suDmit- Led shall De accompanied by a `Statement of Compliance`. signed Dy 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: 02 329 (1) That the pay- roll for the payroll period contains the information required 5oand thattsuchdinformationais3correct anducomplete;29 CFR Part (Z) That each taborer or mechanic (including each helper, rcplle pe ~o~d has trainee) employed on the contract during the paY been apid the full weekly rages earned, without rebate, either - directly or ind o'e ~~ldire~tdly "fromnthe fullt~wagesh earnedenother either directly than permissible deductions as set forth in Regulations, 29 CFR Dart 3; (3) Thai each laborer or mechanic has been paid not less than the applicable rage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable rage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form MH-347 shalt satisfy the requirement for submission of the "Statement of Compliance' required Dy paragraph (a)l3)(ii)(B) of this section. _~ (p) The falsifica- tion of any of the above certifications may subject the underaSection 1001c of 7it1e 1B andvSectionr231nof litiec3liof the Unittd States Code. - (iii) 7hr contractor_ or sub- contractor shalt make the records. required under paragraph (a)(3)(i) of this section available for inspection. copying. or transcription by authorized representatives of the (mite the name of the agency) or the Department of labor. and shalt permit such representatives to intervier employees during working hours on the Sob. If the contractor or subcontractor fails to submit the required records or to make them ava11aD1e. the Federal agency may. after mitten notice to the contractor. sponsor, applicant, or owner. take such action as mar 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 pursuant to Z9 CFR 5.12. 02 ?29 (q) Apprentices and Trainees (i) ADPrentices. Apprentices will be permitted to work at less ney"a~eeemploy- termined rate for the work tney Derfoemestered min a Dona fide ed pursuant to and ~nd'Vi~s ereld witty the U.S. Department of apprenticeship program reg Administration, Bureau of Labor, Employment and Trainidng with a State Apprenticeship Apprenticeship and Training. Agency recognized Dy the Bureau, or if a person is employed in his or her first 90 Gays rentDiceshiponprogramlowhontiss not apprentice in such an app who has Deen individually registered 'n Aherent~ceship band Training or a certified by the Bureau of where aDDrdDriate) to be eligible State Apprenticeship Agency ( rentice. The allowable for probationary employment as an app ratio of aDDrentices to ~ournreaterothanethebratio permittedato classification shall not De g the contractor as to the entire Mork rolleainanrapprent9cetwage program. Any worker listed on a pay rate; Mho is not registered or otherwisel~CaD1e ewagesrateton above, shall De paid not less than the apD the Mage determination for the classification of Mort actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted licablehMagegrateron program shall De paid not less than the apD the rage determination for the work actually performed. Mhere a contractor is performing construction on a project in a locality other thin that in which itS program is registered. the ratios and wage rate )s spec,fied din other contrictorfs for journeyman's hourly subcontractor's registered program shall De observed. Every apprentice must De paid at not les'enticetsllevel oflprogress~. the registered program for the apD expressed as a perclicaDle o age hdetermination. hApprentices specified in the apD shall De paid fringe benefits in accordance vith the provTSOiTim of the apprenticeship program. If the apprenticeshlp p 9 does not specify fringe benefits. aDDrentices must De paid the full amount of flicaDlelclassification en If theaAdministrator lion for the apD determines tha enticedciassification~tfringes shall De paidtin applicable aapp accordance with that determination. In the event the Bureau o Apprenticeship and Training, or a $LItTOVd/r oft anlappreniicey recognized by the Bureau, withdraws app ship program. the contractor will no 1o;9~ab1e predetermined utilize apprentices at less than the apD rate for the work performed until an acceptable program, is approved. Trainees. Except as provided (ii) in 29 CFR 5.16, trainees will not De permitted to Mork at less than the predetermined rate for the work performedsteredsi~hea are employed pursuant to and individually reg' 02 329 program rhich has received prior aDProval, evidenCed`mployment certification Dy the U.S. Department" of LaDOr, and Training Administration. The ratio of trainees to journey- men on the job site shtne Employment nand TralnipngmAdministrar the plan approved Dy tion. Every trainee must be paid at not less than the rate specified in the aDProved program for the trainee's level of progress, expressed as a1Di~aDletwageodeterminationymaTra~nees rate specified in the aDO snail De paid fringe benefits in accordance witn the provisions of the trainee program. if the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage arc ramuassociated withe the correst tnere is an aDDrenticesnip D 9 ponding journeyman wage rate on the wage determination which provides for less roan full fringe benefits for apprentices. 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 De paid not less than the applicable rage rate on the wage determination for the classification of cork actually performed. In addition. any trainee performing cork on the job site in excess of the ratio permitted under the registered program shall De paid not less than the applicable rage rate on the wage determination for the cork actually performed. In the event the Employment and gram~~ the dcontractorowitltnoralonger rDea permitt d atop utilize trainees at less roan the applicable predetermined rate for the cork performed until an acceptable program is approved. (iii) Equal Employment Opportunity The utilization of apprentices, trainees and-journeymen under _ this part snail be in conformity with the equal employment opportunity requirements of Executive Order 11246. as amended. and 29 CFR Part 30. (5) Compliance Mith Copeland Act Requirements The contractor shall comply with the requirements of 29 CFR Part 3, rhich are incorporated Dy reference in this contract. (6) Subcontracts - The contractor or subcontract- or shall insert in any subcontracts the clauses contained in 29 CFR 5.5(4)(1) through (30) antl such other clauses as the (write in the name of the Federal agency) may Dy appropriate instruct- ions require, and also i clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall De responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract Clauses in 29 CFR 5.5. 02 329 (7) Contract Termination:- Debarment - A breach of the Contract clause in 29 Cr'R 5.5 may De grounds for termina- tion of the contrrpvideddino29 CFRaSmi~t as a contractor and a subcontractor as p (B) Compliance with Davis~Bacon and Related act Requirements - All rulings and interpretations of the Davis-Bacon and Related Acts co referencenin9tnrs cont acs. 3. and 5 are herein incorporated Dy (g) Disputes Concerning Labor Standards - Oisputes arising out of the labor standards provisions of this contract shall not De subject to the general disputes clause of this contract. Sucn disputes shall De resolved in accordance with the procedures of the Department of LaDOr 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 sne) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to De awarded Government contracts Dy virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(x)(1). (ii) Mo part of this contract shall De subcontracted to any person or firm ineligible for award of a Government contract Dy virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(x)11). (iii) The penalty for making false statements is prescribed in the U.S-. Criminal Code. 18 U.S.C. 1001. (b) Contract work Nours and Safety Standards Act - The Agency Nead shall cause or require the contracting officer to insert the following clauses set forth in paragraphs (b)(1). (2).~(3), and (4) of this section in full in any contract subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required Dy 5.5(x) 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 suDCOntractor contracting for any part of the contract cork which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic 02 329 in any workweek in rhiCh he or she is employed on such work to work in excess of forty hours in such workweek unless such 1aDOrer or mechanic receives compensation nt 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) Yiotainontne event ~ of anyr violation f gthe Liquidated Damages - ciause set forth in paragraphs lD)(1) of this section the contractor and any subcontractor responsible therefor shall De liable for the unpaid wages. In addition, such contractor and subcontractor shall De 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 liquidated damages shall be computed with respect to each individual 1aDOrer 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 S10 for each calendar day on which such individual was required or permitted to work in excess of the standard rorkreek of forty hours without payment of the overtime wages required Dy the clause set forth in paragraph (D)I1) of this section. (3) Withholding for Unpaid Wages and liquidated Damages - The (write in the name of the Federal agency or the loan or grant recipient) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to Oe withheld. from any moneys payable on account of work performed Dy the contractor or subcontractor under any such Contract or any other Federal contract with the same prime contractor. or any other _ Federally- assisted contract subject to the Contract Mork Nours and Safety Standards Act. which is held Dy the same prime contractor, such sums as may be determined to De necessary to satisfy any liabilities of such contractor or suDCOntractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts - The contractor or subcontract- or shall insert in any subcontracts the clauses set forth in subparagraph (1) through (a) of this paragraph and also a clause requiring the subcontractors to include these clauses in any tower tier subcontracts. The prime contractor shall De responsible for compliance Dy any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs tl) through (4) of this paragraph. lc) ]n addition to the clauses contained in paragraph (p), in any contract subject only to the Contract Mork Nours 02 329 and Safety Standards Act andhead sna11Y auseheor~requiretutne cited in 5.1, the Agency contracting officer to insert a clause requiring that the Contractor or subcontractor snail maintain payrolls and basic payroll records during the course of the work ,and Shall preserve them for fo Qe a~11d laborers andrsmechanitcs, cincluding of the Contract workin on the Contract. Such records guards and watchmen, 9 shall contain the name and address of each such employee. social security number, correct classification, hourly rates of wages paiC, daily and reekly number of hours worked, deduct- ions made, and actual wages paid. Further, the Agency Mead shall cause or requ~lausee Drovidingngthat~ the tre~cordst to ape such contract a maintained under this paragraph shall be made availaD a Dy the contractor or sauthorixedoreDresentatipves~of~theo(write the transcription Dy name of agency) and the Department of Labor, and the contractor or subcontractor wriork?~ rmhoursc onrethe s jobat~(ADDroved by vthe employees during 9 Office of Management and Budget under OMB control numbers 1215-0140 and 1215-0017.) 5.6 Enforcement (a)(1) It shall De the responsibility of the Federal agency to ascertain whether the clauses required Dy 5.5 have provisionstof the Actsccontainedsin,5e1. t Agenciesbwhichadoanot directly enter into such contracts shall promulgate the necessary regulations or procedures to require the recipient of the Federal assistance to insert in its ranter loan. for provisions of 5.5. Mo payment. advance. 9 guarantee of funds shall De approved by the Federal agency unless the agency insures that the clauses required Dy 5.5 and the appropriate wage determination of the Secretary of Labor are contained in such contracts. Furthermore. no payment. advance, grant, loan. or guarantee of funds shall De approved by the Federal agency after the Deglnning of construction unless there is on file with the agency a certification Dy 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 Lompllance submitted pursuant to 5.5(a)(3)(ii) shall be preserved Dy the Federal agency for a period of 3 years from the date of • completion of the contract and shall betpIDedudurint the r3Qyear of the Department of Labor at any 9 periotl. 02 329 (3) The Federal agency- shall cause such investigations to be made as may De necessary to assure compliance with the labor standards clauses required Dy 5.5 and the applicable statutes listed in 5.1. Investigations snail De made of all contracts with such frequency as may De necessary to assure compliance. Sucn investigations shall inclutle interviews with employees, which shall De 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 small De 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 De given priority. (4) In accordance with normal operating procedures, the contracting agency may De furnished various investigatory material from the investigation files df the. Department of LaDOr. None of the material, other than compu- tations of Dack 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. rithout requestng the permission and viers of the Department of Labor. (5) It is the policy 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~rritten or oral statement as a complaint or in the course of an investiga- tion, as well as portions of the statement rhich could reveal the employee's identity. shall not De disclosed in any manner to anyone other than Federal officials rithout the prior consent of the employee. Disclosure of employee statements small 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 197" (5 U.S.C. 552a). (b) The Administrator shall cause to De made such investigations as deemed necessary, in•order to obtain compli- ance rith the labor standards provisions of the applicable statutes listed in 5.1. or to affirm or reject the recommenda- tions Dy the Agency Nead rith respect to labor standards matters arising under the statutes listed in 5.1. Federal agencies. contractors. subcontractors, sponsors. applicants. or orners shall cooperate with any authorised representative of the Department of Labor in the inspection of records, in inter- viers with corkers, and in all other aspects of the investiga- tions. The findings of such an investigation, including amounts found due. may not De altered or reduced without the 02 329 aDDroval of the Department of Labor. Where the underpayments disclosed Dy Such an investigation total S1,OD0 or more, where there is reason to believe that the violations are aggrevatcd or willful (or, in the case of the Davis-Bacon Act, that the Contractor has disregarded its obligations to employees and subcontractors), or where liquidated damages may De assessed under the Contract Work Hours and Safety Standards Act, the Department of LaDOf will furnish the Federal agency an enforcement report detailing the labor standards violations disclosed by the investigation and any action taken Dy the Contractor to correct the violative practices, including any payment of Dack wages. In otner circumstances, the Federal agency will De furnished a letter of notification summarizing the findings of the investigation. 5.7 Reports to the Secretary of Labor (aJ Enforcement Reports. (1) Where underpayments by a contractor or suDCOntractor total less than 51,000. and where there is no reason to believe that the violations are aggregated or willful Ion, in the case of the Davis-Bacon Act that the contractor has disregarded its obligations to employees and suDCOntractors), and where restitution has Deen effected and future compliance assured. the Federal agency need not submit its investigative findings and recommendations to the Administrator, unless the investigation was made at the request of the Department of Labor. In the. latter case. the Federal agency shall submit a factual summary report detailing any violations including any data on the amount of restitution paid, the number of workers who received restitution. liquidated damages assessed under the Contract Mork Hours and Safely 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) Mhere underpayments by a contractor or subcontractor total 51.000 or more. or where there is reason to believe that the violations are aggravated or willful (or, in the 'case of the Davis-Bacon Act. that the contractor has disregarded its obligations to employees and subcontractors). the Federal agency shall furnish within 6D days after comple- tion of its investigation, a detailed enforcement report to the Administrator. ' (b) Semi-annual Enforcement Reports - 7o assist the Secretary in fulfiling the responsibilities under Reorganization Plan No. 14 of 1950, Federal agencies shall furnish to the Administrator by April 30 and October 31 of each calendar year semi-annual reports on compliance with and enforcement of the labor standards provisions of the 02 329 Davis-Bacon Act and its related acts covering the Deriotls of October 1 through March 31, antl April 1 through September 30. reSDeCtively. Such reports shall De prepared in the manner prescribed in memoranda issued to Federal agencies Dy the Administrator. This report has been cleared in accordance with FPMR 101.11.11 and assigned 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 Administrator may find necessary for the standardscprovisions referred t0 e n this part ect to the labor (d) Contract Termination - Where a contract is terminated Dy reason of violations of the labor standards provisions of the statutes listed in 5.1, a report shall De submitted promptly to the Administrator and to the Comptroller General (if the Contract is subject to the Davis-8acon 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, rho is to complete the cork, the amount and number of the contract. and the description of the cork to De performed. 5.8 Liquidate. Damages Under the Contract Mork Hours and Safety Standards Act _ (a) The Contract Mork Hours and Safety Standards Act requires roar laborers or mechanics shall De paid wages at a rate not less than one and one-half times the basic rate of pay for. all hours corked 1n excess of forty hours in any rorkweek. In the event of violation of this provision. the contractor and any subcontractor shall De liable for the unpaid wages and in addition for liquidated damages, computed rith respect to each laborer or mechanic employed in violation of the Act in the amount of S10 for each calendar day in the workweek on which such individual ras required or permitted to work in excess of forty hours without payment of required overtime wages. Any contractor or subcontractor aggrieved Dy the rithholding of liquidated damages shall have the right to appeal to the head of the agency of the United States for the territory of District of Columbia. as appropriate) for which the contract work ras performed or for which financial assistance ras provided. p) 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 Lhe Administrator. but the Administrator shall be advised of •the action taken. Mhenever 02 329 the Agency Head finds that a sum of liquidated damages administratively determined to De due is incorrect or that the contractor or subcontractor violated inadvertently the provisions of the Act notwitnstanding 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 5500, the Agency Head may make recommendations to the Secretary that an aOpropriate adjustment in liquidated damages be made or that the contractor or subcontractor De 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 Nead for adjustment or relief from liquidated damages under paragraph (a) of this section shall De reviered Dy the Adminiztrator or an authorized representative who shall issue an order concurring in the recomenaations. partially, concurring in the recommendations, or rejecting the recommendations, and the reasons therefor. The order snail be the final decision of the Department of Labor, unless a petition for review is filed pursuant to Part 7 of this title. and the Wage Appeals Board in its discretion reviews such decision and order, or, rith respect to contracts subject to Lhe Serrice Contract Act. unless petition for revier is filed pursuant to Part B of this title, and the Board of Service Contract Appeals in its discretion reriers such decision and order. (d) Whenever the Agency Nead finds that a sum of liquidated damages administratively determined to De due under section 1D4(a) of the Contract Work Hours and Safety Standards - Act for a contract 1s 5500 or less and the Agency Nead finds shat the sum of liquidated damages is incorrect or that the contractor or subcontractor violated inadvertently the provisions of the GonsracL Mork Nours and Safety Standards Act notrithstanding the exercise of due care upon the pars of the contractor or subcontractor involved. an appropriate adjustment may De made in such liquidated damages or the contractor or subcontractor may De relieved of liability for such liquidated damages rithout submitting recommendations to this effect or a report to the Department of Labor. 7h1s delegation of authority is made under section 105 of the Contract Work Hours and Safety Standards Act and has Deen found to De necessary and proper in the public interest to prevent undue hardship and to avoid serious impairment of the conduct of Government business. 02 329 5,g Suspension of Funds In the event of failure or refusal of the contractor or any subcontractor to comply with the labor standards clauses contained in 5.5 and the applicable statutes listed in 5.1 the Federal agency, upon its own action or upon written request of an authorized representative of the Department of LaDOr, shall take such action as may De 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 De due. 5.10 Restitution, Criminal Action. (a) In cases other than those forwarded to the Attorney General of the United States under paragraph (D), of this section, where violations of the labor standards clauses contained in 5.5 and the applicable statutes listed in 5.1 result in underpayment of wages to employees, the Federal agency or an authorized representative of the Department of Labor shall request that restitution De made to such employees or on their behalf to plans, funds. or programs for any type of Dona fide fringe benefits within the meaning of section 1(D)(2) of the Davis-8acon Act. (D) In cases There the Agency Head or the Administrator finds substantial evidence that such violations are willful and in violation of a criminal statute, the matter shall De forwarded to the Attorney General of the Untied States for prosecution if the facts Tarrant. In all such cases the Administrator shall De informed simultaneously of the action - taken. ' 5.11 Disputes Concerning Payment of Mages (a) This section sets forth the procedure for resolution of disputes of fact or lar concerning payment of prevailing rage rates. overtime pay. or proper classification. the procedures in this section may De initiated upon the Administrator's orn motion. upon referral of the dispute by a Federal agency pursuant to 5.5(a)(9), or upon request of the contractor or suDCOntractor(s). (b)(1) In the event of a dispute described in paragraph (a) of this section in which it appears that relevant facts are at issue. the Administrator rill notify the affected contractor and suDCOntractorls) (if any), Dy registered or certified mail to the last knorn address, of the investigation 02 329 findings. If the Administrator determines that there is reasonable cause to believe that -tae contractor and/or suDCOntractor(S) Should also De Subject to debarment under the Davis-Bacon Act or 5.12(a)(1). the letter will so indicate. (2) A Contractor and/or subcontractor desiring a hearing concerning the Administrator's investigative findings shall request such a hearing Dy letter postmarked with in 30 days of the date of the Administrator's letter. The request shall set forth those findings which are in dispute and respectstostheev9olations la a/or deDarment~aasvappropriate,with 13) Upon receipt of a timely request for a hearing, the Administrator shall refer the case to the Chief Administrative Law Judge Dy Order of Reference, to rhich shall be attached a copy of the letter from the Administrator and response thereto, for designation of an Administrative' Lar Judge to conduct such hearings as may be necessary to resolve the disputed matters. Tne hearing shall be conducted in accordance with the procedures set forth in 29 CFR Part 6. (c)(1) In the event of a dispute described in paragraph (a) of this section in rhich it appears that there are no relevant facts at issue. and there there is not at that time reasonable cause to institute debarment proceedings under 5.12, the Administrator shall notify the contractor and sub- contractor(s) (if any). by registered or certified mail tc-the~ last known address, of the investigation findings, and shall issue a ruling on any issues of lar known to De in dispute. (2)(i) If the contractor anC/or sub- contractor(s) disagree rith the factual findings of the Administrator or Delfeve that there are relevant facts in dispute. the contractor or subcontractor(s) shall so advise the Administrator Oy letter postmarked rithin 30 days of the Administrator's letter. In the response. Lhe contractor and/or subcontractor(s) shall explain in detail the facts alleged to be in•dispute and attach any supporting dosumentation. (ii) Upon receipt of a response under paragraph (c)(2)(i) of this section alleging the existence of a factual dispute, the Administrator shall examine the informa- tion submitted. If the Administrator determines that there is a relevant issue of fact. the Administrator shall refer the case to the Chief Administrative lar Judge in accordance rith paragraph (b)(3) of this section. If the Administrator deter- mines chat there is no relevant issue of fact. the Administrator shall rule and advise the contractor and subcontractor(s) (if any) accordingly. 02 329 (3) If the contractor and/or subcontractor(s) desire review of the ruling issued Dy the Administrator under paragraDn (c)(1) or (2) or this section, the contractor and/or subcontractor(s) shall file a petition for review thereof with the Wage Appeals Board w~Lhereof dthe of the date of the ruling, with a coDY Administrator. the petition for review shall De 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 5.12(x)(1). If a timely response or petition for review is filed. the findings and/or ruling of the Administrator shall Administrative Lawl J dgenorutnelMage AppealsnBoard pheld Dy the 5.12 Debarment Proceedings. (a)(1) Mhenever any contractor or subcontractor is found Dy the Secretary of Labor to De in aggravated 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 associatioh in which such contractor or sub- contractor has a substantial interest shall De ineligible for a period not to exceed 3 years (from the date of publication Dy the comptroller General of the name or names of said contractor receiveoanyaccont actshornsuDcontractstsuDjectvtodanylof)the statutes listed in 5.1. (2) In cases arising under contracts covered Dy 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 firms in which the contractors or subcontractors are thorn to have an interest). Mho have Deen found to have disregarded their obligations to employees. and the recommendation of the Secretary of Labor or authorized representative regarding debarment. She Comptrolter General Mi11 distribute a list to all Federal agencies giving the names of such incligible person or firms, Mho shall De ineligible to be awarded any contract or subcontract of the United States or suDjectsttoctthe f 1aDormbstandardsa provisionst of rthe Dstatutes .listed in 5.1. 02 329 (D)(1) In addition to cases .under which debarment action is initiated pursuant to 5.11, whenever as a result of an investigation conducted Dy the Federal agency or the Department of Labor, and where the Administrator finds reasonable cause to believe t~avatedo violatironsr ofb the rlaDOr has committed willful or agg standards provisions of any of the statutes listed in 5.1 (other than the Davis-Bacon Act), or has committed violations of the Davis-Bacon Act which constitute a disregard of its obligations to employees or subcontractors under section 3(a) thereof, the Administrator shall ntoify Dy registered or certified mail to the last known address, the contractor or subcontractor and its responsible officers, if any (and any firms in which 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 De taken under paragraph (a)(1) of this section or section 3(a) of the Davis-Bacon Act. The Administrator shall furnish to those notified a summary of the investigative findings. If the contractor or subcontractor or any other parties notified wish to request a hearing as to whether debarment action should De taken. such a request shall letterefromitne Administrator Mand~sha~ldset fortheanytfindings which are in dispute and the reasons therefor. including any affirmative defenses to De raised. Upon receipt of such request for• ~ hearing, the Administrator shall refer the case to the Chief Administrative Lar Judge Dy Order of Reference. to which shall De attached a copy of the letter from the Administrator and the response thereto, for designation of an Administrative Law Judge to conduct such hearings as may. De necessary to determine the natters in tli3pute.- In considering debarment under any of the statutes listed in 5.1 other than the Davis-Bacon Act, the Administrative Lar Judge shall issue an order concerning whether the contractor or subcontractor is to De debarred in accordance with paragraph la)(1) of this section. In considering debarment under the Davis-Bacon Act. the Administrative Lar Judge shall issue a recommendation as to whether the contractor of subcontractor should De debarred under section 3(a) of the Act. (2) Hearings under .this section shall De conducted in accordance with 29 L•FR 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. 02 329 (c) Any person or firm debarred under 5.12(a)(1) may in writing request removal from the debarment list after six months from the date of Duplication Dy the Comptroller General of such person or firm's name on the ineligible list. Such a request should De tlirected to the Administrator of the Mage and Nour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210, and shall firma~shouldulDe eremoved~fromf thee ineligiDlehlist~h pInscases where the contractor or subcontractor failed to make full restitution to alt 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 De 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 De effected unless the Administrator determines after an investigation that such person or f~licaDle to compliance with the labor standards provisions app Federal contracts and Federally assisted construction work subject to any of the applicable statutes listed in 5.1 and - other labor statutes providing wage protection, such as the Serrice contract Act, the Ma1sh-Meeley 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 Mage Appeals Board pursuant to 20 CFR Part 7. - (d)(1) Section 3la) of the Davis-Bacon Act provides that for a period of three years from date of publication on the ineligible list, ne contract shall De awarded to any persons or firms placed on the list as a result of a finding Dy the Comptroller General that such persons or firms have disregarded obligations to employees and subcontractors under that Act, and further. that no contract shall De awarded to `any firm, corporation, partnership. or association in which such persons or firms have an interest'. Paragraph (a)(1) of this section similarly provides that for a period not to a:teed 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 1neligiDle list pursuant to that paragraph. or to `any firm, corporation. partnership, or association" in which such contractor or 02 ;29 subcontractor has a "substantial interest". A n finding as to the ineligible whether persons or firms whose names appear o (or a substantial i interest, as list have an iate) nterest ~ 1 o a ~ co art o appropr may association, gn rou made t De n gati nearing, or investi otherwise. (Z)(i) the Administrator, on his/her own motion or after receipt of a request for a makeeamfindinn pursuant to paragraph (d)(3) of this section may 9 on the issue of interest (or substantial interest, as appropriate). (ii) If the Administrator determines that there may De an interest (or substantial interest. as appropriate). Dut finds that there is insufficient evidence to render a final ruling thereon, the Administrator may refer the issue to the Lhitf of Administrative law Judge in accordance Tith 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 Tarrant 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 tppropriaie) exists. the person or firm affected rill be notified of the Administrator's finding lDy certified mail to the last known address), which shall include She reasons therefor, and such person or firm shall De afforded an opportunity to request that _ a hearing De held to render a decision on the issue. (B) Such person or firm shall have 20 days from the date of the Administrator's ruling to request a hearing. A detailed statement of the reasons Thy 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)(2)(iv)(B) of this section. the Administrator's finding shall De final and 'the Administrator Sha11 so notify the Comptroller General. if a hearing is requested. the ruling of the Administrator shall De inoperative unless and until the administrative law judge or the Wage Appeals Board issues an order that there is ar. 02 329 interest for substantial interest, as appropriate). (3)(i) A request for a determination of interest (or substantial iincluGin~ acontractorseor prospective Dy any interested party, g contractors and associations of contractor's representatives of employees, and interested Government agencies. Such a request shall De SubmittedmD~oymentngStandardsdmAdministrationageUasd Hour Division, Washington, D.C. 20210. Department of Labor, (i) ?he 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 infirm t (corporatbonantpartnershipt~ or appropriate) in any association which is seeting or has Deen awarded a contract of the United States or the district of Columbia, or which 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 Administrator, on his/her own motion under para- graph (d)(2)(ii) of this section or upon a request for hearing where the Administrator determines that relevant facts are in dispute, will Dy order refer the issue to the Chief Administrative Lar Judge, for designation of an Administrative Law Judge who shall conduct such hearings az may De nec_~ssary to render a decision solely on the issue of interest (or substantial inttrest. as appropriate). Such proceedings shall be conducted in accordance rith the procedures set forth at 29 CFR Part 6. - (5) Referral to the Mage Appeals Board. - if the person or fire 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 inttrest (or substantial interest. as accordanceewith theuprocedurces dset forthaat 29cCFR Part 7 ~ in S.I3 Rulings and Interpretations. A11 questions relating to the application and interpretation of wage deterainations (including the classi- fications therein) issued pursuant to Part 1 of this subtitle. of the rules contained in this part and in Parts 1 and.3. and 02 329 of the labor standards provisions of any of the statutes listed in 5.1 shall De referred to the Administrator for aDDropriate ruling dr interpretation. The rulings and interpretations shall De authoritative and those under the Davis-Bacon Aci may Portal1toaPort In Act oft 1947 d(29oU.S~C. 259)~.on Reouests for such rulings and interpretations should be addressed to the Administrator. Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Mashington, O.C. 20210. 5.14 Variations, Tolerances, and Exemptions from Parts 1 and 3 of this Subtitle and this Part. The Secretary of Labor may make variations, toleranDart and exemptions from the regulatory requirements of this and those of Parts 1 and 3 of this subtitle rhenevtr 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 Dt made from the unlessotherstat to specifically pro ~hdesssuchttuthority, vn 5.1 .5.15 tne~Gontract MorkaHours~andlSafetysStandardsmAcLOns Under (a) General. Upon his or her orn initiative or upon the request of any Federal agency, the Secretary of Labor may provide under section 105 of the Contract Mork Nours and Safety Standards Act reasonable limitations and allot variations. tolerances, and exemptions to and from any or all provisions of that Act rhenever the Secretary finds such action to be necessary and proper in the public -interest to- prevent injustice, or undue hardship, or to tvoid serious impairment of the conduct of Government Ousiness. Any request for such shailnsetyforth therreasons for rhich the trequest is~made ~ and (p) Exemptions. Pursuant to section 105 of the Contract Mork Nours and Safety Standards .Act. the folloring classes of contracts are found exempt from all provisions of roar Act in order to prevent injustice, undue hardship, or serious impairment of Government business: (1) Contracts of 52.000.00 or less. (2) Purchases and contracts other than con- struction contracts in the aggregate amount of 52.500.00 or less. In arriving at the aggregate amount involved. there must 02 329 De included all property and services watch could Droperly De grouped together in a single transaction and whim would De included in a single advertisement for Dids if the procurement were being effected Dy formal advertising. (3) Contract work performed in a workplace within a foreign Country or within territory untler the jurisdiction of the United States other than 'the following: A State of the United States; the District of Columbia; Puerto Rico; the Virgin Islands; Outer Continental Shelf lands defined in the Outer Continental Shelf Lands Act (ch. 345. 67 Stai. 462); American Samoa; Guam; wake Island; Eniwetok Ato11; Krajalein Atoll; and Johnston Island. (q) Agreements entered into by or on behalf of the Commodity Credit Corporation providing for the storing in or handling by commerical warehouses of wheat, corn, oats. barley. rye, grain sorgnums, soybeans. flaxseed, rice, naval stores, tobacco, peanuts. dry Deans, seeds, cotton. and roof. (5) Sales of surplus porcr Dy the Tennessee Ya11ey Authority to States. counties, municipalities. cooperative organization of citizens or farmers, corporations YalleynAuthordity~ Act ofp1933a(16tU.SeCt~83110. of the Tennessee (c )' Tolerances. (1) The `basic •rate of pay" under section 102 of the Contract Mork Hours and Safety Standards Act may be computed as an hourly equivalent to the rate on which time-and-one-half overtime compensation may be compute0 and paid under section 7 of the Fair labor Standards Act of 1938 as amended (29 U.S.C. 207). as interpreted in oart 778 of this title. Tnis tolerance is found to De necessary and proper in the public interest in order to prevent undue hardship. (2) Concerning the tolerance provided in paragraph (c)(1) of this section, the provisions of section 7(d)~2) of the Fair labor Standards Act and 778.7 of this title s=ould be noted. Under these provisions. payments for occasional periods when no rock is performed. due to vacations, and similar causes are excludable from the 'regular rate' under the Fair LsDor Standards Act. Such payments. therefore. are also excludable from the 'basic rate" under the Contract Mork Hours and Safety Standards Act. (3) See 5.8(c) providing a tolerance suDdelegating 'authority to the heads of agencies to make appropriate adjustments in the assessment of liquidated damages totaling 5500 or less under specified circumstances. . 02 329 (4)(i) Time spent in an organized program of related, supplemental instruction by laborers or mechanics employed under Dona fide apprenticeship or training programs may De excluded from working time of the criteria prescribed in paragraphs (c)(4)(ii) and (iii) of this section are met. (ii) The apprentice or trainee comes rithin the definition contained in 5.2(n). (iii) The time in question does not involve productive work or performance of the apprentice's or trainee's regular duties. (d) Variations C1) In the event of failure or refusal of the contractor or any subcontractor to comply rith overtime pay requirements of the contract Mork Hours and Safety Standards Act, if the funds withheld Dy Federal agencies for the violations are not sufficient to pay fu1ly.Doth the unptid rages due laborers and mechanics and the liquidated'damaSes due the United States, the available funds shall De used first to compensate the laborers and mechanics for the rages to rhich they are entitled for 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. 620 to provide nursing home care of veterans. no contractor or subcontractor under such contract shall De deemed in violation of section 102 of the Contract Mork Nours and Safety Standards Act by virtue of failure to pay the overtime rages required by such section for cork in excess of 40 hours in the rorkreek to any individual employed Dy an establishment rhich is an institution primarily engaged 1n tht care of the sick. the aged. or the mentally ill or detective rho reside on the premises if, pursuant to an agreement or understanding arrived at Detreen the employer and the empioyee before performance of the cork, a cork period of 14 consecutive days is accepted in lieu of the rorkreek 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 rorkday and in excess of 80 hours in such 14-day period at a rate not less than 1 1/2 times the regular rate at rhich the individual is employed, computed in accordance with the requirements of the Fair Labor Standards Act of 1938. as amended. (Approved Dy the Office of Managemcnt and Budget under OMB control numbers 1215-0140 and 1215-0017.) 02 329 (3) Any contractor or subcontractor perform- ing on a government contract the principal purpose of which is the furnishing of fire fignting or suppression and related services, shall not De deemed to be in violation of Section 102 of the Contract Work Hours and Safety Standards Act for failing to pay the overtime Compensation required by Section 102 of the Act in accordance with the basic rate of pay as defined in paragraph lc)(1) of this section, to any pilot or copilot of a fixed ring or rotary-ring aircraft employed on such contract if: (i) Pursuant to a rritten employment arrevednat before perfo man ea f thenrorkthe employee which is gross rages of not less than total number of hours corked in (A) The employee receives 5300 per reek regardless of the any workweek, and (g) Within any workweek the total rages which an employee receives are not less than the rages to which the. employee could have Deen entitled in that rorkreet if the employee rere paid the minimum hourly rage required under the contract pursuant to ~ caDleora a determine Service Contract Act of 1965 and any aDD 9 ation issued thereunder for all hours corked. plus an additional premium payment of one-half times such minimum hourly rage for alt hours corked in excess of 40 hours in the rorkreek; (ii) The contractor - maintains accurate records of the total dai]y and reekly hours of cork 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 Mork Hours and Safety Standards Act shall De appllcaDle to the contract from the date the contractor or subcontractor fails to satisfy the conditions Management land oBudgettunder nOMB c ontrolp numDerD1215 0017 1)ce of 5.16 Training Plans Approved or Recognized by the Department of Labor Prior to August 20. 1975. (aj Hotrithstanding the provisions of 5.5(a)(4)lii) relating to the utilization of trainees on Fedcral and federally assisted construction. no contractor shallrior required to obtain approval of a training program which. p to August 20. 1975, ras approved by the Department of Labor for purposes of the Davis-Bacon and Related Acts, ras established 02 329 py agreement of organized labor and management and therefore recognized by the' Department and/or was recognizeA copytof Department under Executive Order 11246, as amended• ticaDle shallrogbem submittedncetoof ~tne pr~Employmen•al~and apTraining Administration, which shall certify such prior approval or recognition of the program. In every other respect, the provisions of 5.5(a)(4)li~) - including tnost relating to registration of tra~neto~these~programsatios, and wage rates to De paid - shall app Y (p) Every trainee employed on a contract executed on and after August i nCi vildual~l y ~ reg stored ti n the v pr g am ~ i n programs must De 1 went and Training Administration accordance with Emp oY procedures, and mutt De paid at the rate specified in the program for the level of progress. Any such employee listed 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 Dy ETA pursuant to 5.5(a)(4)(ii), must De paid the wage rate determined by the Secretary of Labor for the classification of work actually greaterethan T permitted oDy the termstof the nprogram hall not De (c) In the event a program ~rhich vas recognized or approved prior to August 20. 1975. is modified, revised. extended, or renewed, the changes in the program or its ~rene~al must be approved Dy the Employment and Training Administration before they may De placed into effect. 5.17 yitndrawal 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. rhether it is one recognized or approved prior to August 20. 1975. or a program subsequently approved. have not Deen complied with. or that such a program fails to provide adequate training for participants. a contractor rill no longer De permitted to utilize trainees at less than the predetermined rate for the classification of cork actually performed until an acceptable program is approved. ~~ 329 SUBPART B - INTERPRETA7IOM OF THE FRINGE BEKEFITS PROYISIOMS OF THE DAYIS-BACON ACT 5.20 Scope and Significance of This Subpart. The 1964 amendments IPuD. L. 88-349) to the Davis-Bacon Act re0uire, among other things, that the prevailing wage determined for Federal and federally-assisted construction include: (a) tht basic hourly rate of pay; and (D) the amount contributed Dy the contractor or subcontractor for certain fringe benefits (or the cost to them of such benefits). The purpose of this suDDart is to explain the provisions of these amendments. This suDDart makes available in one place official interpretations of the fringe benefits provisions of the Dav1S-Bacon Act. These lntlrpreLatiOnS rill guide the Department of Labor in carrying out its responsibilities under these provisions. These interpretations are intendetl also for the guidance of contractors, their associations. laborers and mechanics and their organizations. and local State and Federal agencies, rho may De concerned vita these provisions of the lac. The interpretations contained in this subpart are author- itative and may De relied upon as provided for in section 10 of the Portal-to-Portal Act of 1947 (29 U.S.C. 359). The omission to discuss a particular problem in this subpart or in inter- pretations supplementing it should not be taken to indicate the adoption of any position Dy 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 Dy this subpart may De referred to the SeKretary for interpretation as p~.ovided in 5.12. 5.21 (Reserved) 5.22 Effect of the Davis-Bacon Fringe Benefits Provisions. The Davis-Bacon Act and the prevailing rage provisions of the related statutes listed in 1.1 of this subtitle confer upon. the Secretary of Labor the authority to predetermine. 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 cork in the area in rhich the cork is to De performed. See paragraphs (a) and lb) of 1.2 of this subtitle. The fringe benefits amendments enlarge the scope of this authority Dy including certain Dona fide fringe benefits rithin the meaning of the terms "wages', 'scale of wages". 'wage rates". "minimum rages" and "prevailing rages". as used in the Davis-Bacon Act. 5.23 The Statutory Provisions. The fringe Oenefits provisions of the 1964 amendments to the Davis-Bacon Act are. 1n part, as follors: 02 329 (p) As used in this Act the term "wages", "scale of wages", `rage 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 Dy a contractor or subcontractor to a trustee or to a third person pursuant to a fund, plan, or program; and (g) the rate of costs to the contractor or subcontractor which may be reasonably antici- pated in providing benefits to laborers and mechanics pursuant so an enforceable commitment to carry. out a financially responsible Dian or program rhich ras communicated in rriting 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 Day, for defraying costs of apprenticeship or other similar programs, or for other Dona fide fringe benefits. but only there the contractor or subcontractor is not. required by other Federal. State. or local lar to provide any of such benefits. 5.24 The Basic Hourly Rate of Pay. 'The basic hourly rate of pay' is that part of a laborer's or mechanic's rages rhich the Secretary of LtDor could have found and included in vage determinations prior to the 1964 amendments. The Secretary of Labor is required to continue to make a separate finding of this portion of the rage. In general. this portion of the rage 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 obligated to make a separate finding of the rate of contribution or cost of fringe benefits. Only the amount of contributions or costs for fringe benefits rhich meet the reuirements of the act rill De considered Dy the Secretary. These requirements are discussed in this subpart. (b) The rate of contribution or cost is ordinarily an hourly rate, and rill De reflected in the vage determination as such. In some cases. however, the contribution or cost for certain fringe benefits may be expressed in a formula or method 0~ 329 of payment other roan an Secretary may in his determination the rate o formula or method or may whenever he finds :oat administration of the Act. hourly rate. "In such cases, the discretion express in the wage f contribution or cost used in the convert it to an hourly rate of pay such action would facilitate the See 5.5(a)(i)(i) and (iii). 5.26 ..Contribution Irrevocably Made...to a Trustee or so a Third Person". Under the fringe Dencfits provisions section i(b)(2) of the act) the amount of contributions for fringe benefits must be made to a trustee or to a third person irrevocably. The "third person" must De one who is not affiliated with the contractor or subcontractor. The trustee must assume the usual fiduciary responsibilities imposed upon trustees Dy tpplicaDle law. The trust or fund must De set up in such a way that in no event will the contractor or subcontractor De able to recapture any of the contributions paid in 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 irrevocably made, this 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 mating 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 rscertained. For example. a benefit plan may provide for definite insurance Dencfits for employees in the event of the happening of a specified contingency such . as death, sictness, accident, etc.. and may provide that the cost of such definite benefits, either in full or any balance in excess of specified employee contrlDUtlons.-will be borne Dy - the contractor or subcontractor. In such a case the return by the insurance company to the contractor or subcontractor of sums paid Dy him in excess of the amount reQuiring to provide the Dencfits which. under the pltn. are to De provided shrough contributions Dy the contractor or subcontractor, will not De 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 'Dencfits must De made pursuant to a fund. plan or program (sec, i(D)(2)(A) of the act). The phase `fund, plan, or program' is merely intended to recognize the various types of arrangements commonly used to provide fringe Dencfits through employer contributions. The 02 329 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 De guided Dy the experience of the Department in administering the latter statute. 5.28 Unfunded Plans. (a) The costs to a contractor or subcontractor which may be reasonably anticipated in providing benefits of the types described in the act pursuant to an enforceable commitment to carry out a financially responsible plan or program, are considered fringe benefits rithin the incanning of the act (see 1(a)(2)(B) of the actl. The legislative history suggests that these provisions were intended to permit the consideration of fringe benefits meeting, among others, these requirements and which are provided from the general assets of a contractor or subcontractor. (Report of the Nouse Committee on Education and LaDOr, N. Rep. No. 308, 88th Long., 1st Sess. p. 4). (D) No type of fringe benefit is eligible for consideration as a so-called unfunded plan unless: (1) It could be reasonably anticipated to provide benefits described in the act; (2) It represents a commitment that can De legally enforced; - (3) It is carried- out under a financially responsible plan or program; and _ (~) The plan or program providing the benefits has Deen communicated 1n writing to the laborers and mechanics affected. (See 5. Rep. No. 963. p. 6.) (c) IL is in this manner that the act provides for the consideration of unfunded plans or programs in finding pre- vailing rages and in ascertaining compliance rith the act. At the same time. however. there is protection against the use of this provision as a means of aroiding the act's requirements. The rords 'reasonably anticipated'•are intended to require•that any unfunded plan or program be able to withstand a test rhich can perhaps be Dest described as one of actuarial soundness. Moreover, as in she case of other fringe benefits payable under the act, an unfunded plan or program must De "Dona fide' and not a mere simulation or sham for avoiding compliance with the act. (See S Rep. No. 963, p. 6.) The legislative history suggests that in order to insure against the possibility that these provisions night De used to avoid compliance rich the act. the 02 329 Committee contemplates that the Secretary of LaDOr in carrying out his responsibilities under Reorganization plan No. 14 of 1950, may direct a contractor or subcontractor to set aside in an account assets watch, under sound actuarial phinciples, rill De sufficreservationee of ththisutaccount ~ for~othe n purpose plan, The D intended would, of course, also De essential. (S. Rep. No. 963, p. 6.) This is implemented by the contractual provisions required Dy 5.5(a)(1)(iv). 5.29 Specific Fringe benefits. (a) The act lists all types of fringe benefits rhich the Congress considered to De common in the construction industry as a thole. These include the folloring: 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 Dona fide fringe benefits, Dut only there the contractor or subcontractor is not required by other Federal, State, or local lar to provide any of such benefits. (p) The Legislative history indicates that it vas not the intent of the Congress to impose specific standards relat~~g to administration of fringe benefits. It vas assumed that a majority of fringe benefits arrangements of this nature rill De those rhich are administered in accordance r~th requirements of section 302(c)(5) of the National LaDOr Relations Act, as amended (S. Rep. No. 963. p. 5.). - .(c) -The term 'other bona fide fringe benefits' is the so-called `open end' provision. This vas included so that net fringe benefits may be recognized Dy the Secretary as they become prevailing. It vas pointed out that a particular fringt benefit need not be recognized beyond a particular area in order for the Secretary to fled that it is prevailing in that area (S. Rep. No. 963. p. 6). (d) The legislative reports indicate that. to insure against considering and giving credit to m y and all fringe benefits. some of rhich might De illusory or not genuine, the qualification vas included that such fringe benefits must De 'bona fide' (M. Rep. No. 308. p. 4; S. Rep. No. 963. p. 6). No difficulty is anticipated in determining rhether a particular fringe bcnefit is 'Dona fide` in the ordinary Case where the benefits are those common in the construction industry and rhich are established under a usual fund. plan, or program. This could De typically the case of 02 329 those fringe benefits listed in paragraph (a) of this section rhich are funded under a trust or insurance program. Contract- ors may take credit for contributions made untler such conventional plans without requesting the approval of the Secretary of Labor under S.5(a)(1)(iv). (e) Mnere the Dian is not of the conventional type described in the Dreceding paragraph, it rill De necessary for the Secretary to examine the facts and circumstances to determine whether they are "Dona fide' in accordance rite requirements of the act. This is particularly true vith 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 S.S(a)ll)(iv). (f) The act excludes fringe benefits rhich a contractor or subcontractor is obligated so provide under other Federal, State, or total law. No credit may De taken under the act for the payments made for such benefits. For czample. payment for workmen's compensation insurance under either a compulsory or elective State statute are not considered payments for fringe benefits under the Act. Mhi]e each situation must De separately considered on its own serifs. payments made for travel, subsistence or to industry promotion funds are not normally payments for fringe benefits under the Act. Tne omission in the Act of any express reference to these _ payments. rhich are common in the Construction industry. suggests that these payments should not normally De regarded as Dona fide fringe benefits under the Act. 5.30 Types of Wage Determination. (~ Mhen fringe benefits are prevailing for various - classes of laborers and mechanics in the area of proposed construction, such benefits .are includable 1n any Davis-Bacon rage determination. Illustrations, contained in paragraph (c) of this section. demonstrate some of the different types of rage determinations rhich may De made in such cases. (b) Wage determinations of the Secretary of Labor under the act do not include fringe benefits for various classes of laborers and mechanics whenever such benefits do not prevail in the area of proposed construction. Mhen .this occurs:, she rage determination rill contain only the basic hourly rates of pay. that is only the cash rages which are prevailing for the various classes of laborers and mechanics. An illustration of this situation is contained 1n paragraph (c) of this section. 02 ?29 N 2 O C N J J ... 1 1 1 1 1 1 N ~ 1 1 1 1 1 1 1 1 1 1 1 1 W = 1 1 1 1 1 1 1 1 1 1 1 1 ~ O 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1~= 1 1 1 1 1 1 1 1 N 1 1 s=< 1 1 1 1 O 1 W Q K N 1,'J W 1 1 1 / 1 1 1 1 O 1 1 O O u 1 1 1 1 M 1 O ~. 1 1 1 1 1 N <^ O 1 1 1 1 1 1 1 1 1 1 r = 1 1 1 i 1 W ~ I 1 1 1 < N 1 1 1 1 O / 1 1 1 O d O 1 1 N • 1 1 ~ N ~ ~ ` 1 1 1 1 1 1 O M 1 1 1 1 1 1 ~ W 4.1 < 1 1 1 1 1 1 1 1 i W ' 1 1 1 1 1 1 1 1 m 1 1 1 1 W f.7 ~ 1 1 1 1 O N O 1 1 Z N 1 1 N 1 a Z O 1 1 1 1 O 1 1 {V N 1 1 1 1 M 1 1 i 1 1 1 W d 1 1 1 1 1 ~ 1 1 1 1 1 1 r W 1 1 S t - 1 Ifl N O N 1 J W < W 1 1 1 ~ O ~ t 1 1 W = = 1 1 M 1 1 1 1 } ~ J W a N N O O O T N m Y1 P ~~~ ~ ~ "' • ~ ~ ~ m a N W N _ ~ N N yl N Q = C W ~ J a ~ s ~ s c w W _ W ~. O S o m s C i ~ u W = ~ i O < J < u < s J W J 6 Q ~ N C O r w c e w a L V t s C E L O w u i Y V L w C 7- L N N V Y Y C r . O C CO M C ~ O w r w • E ~ L w N ~ t w L O 7 ~• V r N O C w V ~ C O Y e ~ N O N i M .. s 02 329 5.31 Meeting wage Determination Obligations. (a) A contractor or subcontractor performing work subject io a Davis-Sacon wage determination may discharge his minimum rage Obligations for the payment of Dotn straight time wages and fringe benefits Dy Ddying in cash, making payments or incurring costs for "Dona fide" fringe benefits of the types listed in the aDDlicaDle wage determination or otherwise found prevailing Dy the Secretary of LaDOr, or Dy a combination thereof. (D) A contractor or subcontractor may discharge his obligations for the payment of the basic hourly Tarts and the fringe benefits There born are contained in a wage Determination apDlicaDle to his laborers or mechanics in the following ways: 11) By paying not less loan the basic hourly rate to the laborers or mechanics and Dy making the contributions for the fringe benefits in the rage determina- tions, as specified therein. For example, in the illustration contained in paragraph (c) of 5.30, the obligations for `painters` will be met Dy the payment of a straight time hourly rate of not less than 53.90 and Dy contributing not less tfian at the rate of 15 cents an hour for health and relfare benefits, 10 cents an hour for pensions, and 20 cents an hour for vacations; or (2) By oaying not less than the basic hourly rate to the laborers or mechanics and Dy making tontri- butions for 'Dona fide' fringe benefits in a total amount not less than the total of the fringe benefits required Dy the rage determination. For example. the obligations for 'painters` in the illustration in paragraph (c) of 5.30 rill De net Dy the - payment of a straight tine hourly rate of not less than 53.90 and Dy contributions of not less than a total of 45 cents an hour for `Dona fide' fringe benefits; ar (3) By paying in cash directly to laborers or mechanics for the basic hourly rate and by making an additional cash payment in lieu of the required benefits. For example. There an employer does not make Daymenss of incur costs for fringe benefits, he could 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 (13.90 basic hourly rate plus 45 cents for fringe benefits); or 02 329 (4) As stated in paragraph (a) of this section, the contractor or subcontractor may discharge his minimum wage obligations for the payment of straight time wages and fringe benefits Dy a combination of the methods illustrated in subparagraphs (1) thru (3) of this paragraph. Thus, for example, his obligations for "painters" may De met Dy an hourly rate, partly in cash and partly in payments or costs for fringe benefits rhicn total not less than Sa.35 (53.90 basic hourly rate plus 45 cents for fringe benefits). The payments in such case may De 54.10 in cash and 25 cents in payments or costs in paymentseorlcosts Of or fringeaoenefits75 (30cFsR.a13136,cOctslS~ 1965) 5.32 Overtime Payments. (a) The act excludes amounts paid Dy a contractor or subcontractor for fringe benefits in the computation of overtime under the Fair LaDOr Standards Act, the Contract Mork Hours and Safety Standards Act, and the Malsh-Healey Public Contracts Act whenever the overtime provisions of any of these statutes aDplY concurrently rith the Davis-Bacon Act or its related prevailing wage statutes. It is clear from the legislative history that in no event can the regular or basic rate upon which premimum pay for overtime is calculated under the aforementioned Federal statutes be less than the amount determined Dy the Secretary of Labor as the basic hourly rate (i.e. cash rate under section 1(D)(1) of the Davis-Bacon Act. lSee S. Rep. No. 963, p• ~•) ContriDutio:.s Dy employees are not eluded from the rtgular or basic rate upon rhich overtime is computed under these statutes; that is, an employee's regular or basic straight-time rate is computed on his earnings before any deductions are made for the employee's contributions to fringe benefits. The contractor's contributions or costs - for fringe benefits may be excluded in computing such rate so long as the exclusions do not reduce the regular•orDasic rate Decor the basic hourly rate contained in the rage determination. (b) The legislative report notes that the phasing 'contributions irrevocably made Dy a consractor or subcontractor to a trustee or to a third person pursuant to a fund, plan. or program' ras added to the Dill in committee. This language in essence conforms to the overtime provisions of section ](d)(4) of the Fair Labor Standards Act. as amendtd. 7ne intent of the committee ras to prerent any avoidance of overtime requirements under existing tar. (See N. Rep. Mo. 308. p. S.) 02 329 (c)(1) The act permits a contractor or subcontractor to pay a cash equivalent of any fringe Derrefits found prevailing py the Secretary of LaDOr. Such a casn equivalent could also be excludable in Computing the regular or basic raForuexam the Federal overtime lays mentioned in paragrapn (a). D e. the W Construction contractor pays his laborers or mechanics 53.50 in cash under a rage determination of the Secretary of benefitncontriDut~ions of SDscentsurlTheacontractorapays then50 cents in cash because ne made no payments and incurred no costs for fringe benefits. Overtime compensation in this case could De computed on a regular or basic rate of 13.00 an hour. Norever, in some cases a question of fact may De presented in ascertaining rnether 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 rage. In the latter situa- tion, the cash payment is not excludable in computing overtime compensation. Consider the examples set forth in subparagraphs l2) and (3) of this paragrapn. 12) The X construction contractor has for some time Deen paying 53.25 an hour to a mechanic as his Dasit cash rage plus 50 cents an hour as a contribution to a ralfare and pension plan. Tne Secretary of labor determines that a basic hourly rate of S3 an hour and a fringe benefit contribution of 50 cents are prevailing. The basic hourly rate or regular rate for overtime purposes could De 53.25, the rate actually paid as a basic casn rage for the employee of X. rather. than the S3 rate determined as prevailing Dy the Secretary of labor. (3) Under the same prevailing .age determination, discussed in subparagraph 2 of this paragraph. the Y Construction contractor rho has Deen paying S3 an hour iS his basic cash rage on which he has Deen computing overtime compensation reduces the cash rage to -52.75 an hour Dut computes his costs of benefits under section 1(D)(2)(B) as S1 an noun. In this example the regular or basic hourly rate would continue to De S3 an hour. (See S. Rep. No. 963, p. 7.) 02 X29 APPENDIX A 51ATUTES RELATED i0 7HE DAVIS-BACON ACT REQUIRING PAYMENT OF NAGES AT RATES PREDE- TERMINED BY 7HE SECRETARY OF LABOR 1• The Davis-Bacon Act (secs. 1-7, 46 Stat. 1494, as amended: PuD. L. )4-403, 40 U.S.C. 276a-276a-7). 2, National Housing Act (sec. 212 added to c. 847, 48 Stat. 1246. Dy sec. 14. 53 Stat. 801; 12 U.S.C. 171St and repeatedly amended). 3, Mousing Act of 1950 (college housing) (amended Dy Mousing Act of 1959 to add labor provisions, 73 Stat. 681: 12 U.S.C. 1749a1f))• Act of 1959 (sec 401(f) of the Nousing 4, Mousing Act of 1950 as amendeo Dy PuD. L. 86-372. 73 Stat. 681; 12 U.S.C. 1701g1c)(3))• 5. Commercial Fisheries Rescarch and Development Act of 1964 (sec. 7, 78 Stat. 199; 16 U.S.C. 779c(D))• 6. Library Services and Construction Act (sec. 7(a). 78 Stat. 13: 20 U.S.C. 355c(a)(4), as amended). 7. National Technical Institutc for the Deaf Act (sec. 5(D)(5). 79 Stat. 126; 20 U.S.C. 684(D)(5)). g, National Foundation on the Arts and Humanities Act of 1965 tsec. Sit), 79 Stat. 8a6 as amended: 20 U.S.C. 9541J))• 9. Elementary and Secondary Education Act of 1965 as amended Dy Elementary and Secondary and other Education Aoend• ments of 1969 lsec. 423 as added by PuD. L. 91-230. title IY, sec. a011a)(10). 84 Stat. 169. tnd renumbered sec. 433. Dy PuD. L. 92-318: title III. sec. 301(a)(1). 86 Stat. 326; 20 U.S.C. 1232(D)). Under she amendment coverage is extended to all programs administered Dy the Commissioner of Education. 10. The Federal-Aid Mighray Act of 1956 (sec.lOBID). 70 Stat. 378. recodifitd at 72 Stat. 895: 23 U.S.C. 113(a). as amended). see particularly the amendments in tht Federal-Aid Mighray Act of 1968 (Pub. L. 90-495. 62 Stat. 815). 02 X29 il. Indian Self-Determination and Education Assistance Act (sec. 7, 88 Stat. 2205; 25 U.S.C. a50e). 12. Indian health Care Improvement Act (sec. 303(D), 90 Stat. 1407; 25 U.S.C. 1633(D)). 13. Rehabilitation Act of 19]3 (sec. 306 (b) (5) 87 Stat. 384, 29 U.S.C. 776(D](5)). 14. Comprehensive Employment and Training Act Of 1973 lsec. 606, 87 Stat. 880, renumbered sec. 706 Dy 88 Stat. 1845; 29 U.S.C. 986: also sec. 604, 88 Stat. 1846; 29 U.S.C. 964(D)(3)). State and Local Fiscal Assistance Act of 1972 lsec. 1235e)l6), 86 Star. 933: 31 U.S.C. 1246(x)(6)). 16. Federal Water Pollution control Act (sec. 513 of sec. 2, 86 Stat. 694; 33 U.S.C. 1372). 17, veterans Nursing Nome Care Act of 1964 (78 Star. 502, as amenoed; 38 U.S.C. 503514)(8)). 18. Postal Reorganization Act (sec. 410(b)(4)(L)) : 84 Stat. 726 as amended; 39 U.S.C. 410(DI(4)(C)). 19. National Visitors Center Facilities Act of 1968 (sec. 11D. 32 Stat. 45; 40 U.S.L. BOB). 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)Y2) thereof, 88 Stat. 370, as amended by 90 Stat. 378; 42 U.S.C. 242m(h)(2)). 22. Hospital Survey and Construction Act. as amended Dy the Hospital and Medical Facilities Amendments of 1964 (sec. 60514)(5). 78 Slat 453; 42 U.S.C. 291e(a)l5)). 23. Health Professions Education Assistance Act (sec. 303(D). 90 Stat. 2254; 42 U.S.C. 293a(g)(1)(C): also sec. 3084. 90 Stat. 2256, 42 U.S.C. 2934(c)(7)). 24. Nurse Training Act of 1964 (sec. 9411a)(1)(i:). 89 Stat. 364; 42 U.S.C. 296a(D)(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(D)(4)). 02 3~9 26. Safe Drinking water Ac•t (sec. 2(a), see sec. 1450e thereof, 88 Stat. 1691; 42 U.S.C. 300j-9(e))• P7, National health Planning and Resources Act (sec. 4, see sec. 1604(D)(1)(H), 88 Stat. 2261, 42 U.S.C. 300o-3(D)(1)lH))• 28 U.S. Housing Act of 1937, as amended and recodi- fied (88 Stat. 667; a2 U.S.C. 1a37j). 29, Demonstration Cities and Metropolitan Development Act of 1966 (secs. 110, 311, 503, 1003, 80 Stat. 1259, 1270, 1277, 1284; a2 U.S.L. 3310; 12 U.S.C. 171St; a2 U.S.C. 1437j). 30. Slum Clearance Program; Housing Act of 1949 (sec. 109, 63 Stat. 419, as amended; 42 U.S.C. 1459). 31. Frain 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 Dy sec. 907, 79 5tat. 496, as amended; 42 U.S.C. 1500c-3). 33. Defense Nousing and Community Facilities and Services Act of 1951 (sec. 310. 65 Stat. 307; 42 U.S.C. 15921). 3a .. Special Heatth Revenue Sharing Aci of 1975 (sec. 303,~see sec. 222(a)(51 thereof, 89 Stat. 324; 42 U.S.C. 2689j(a)(5)). 35. Economic Opportunity Act of 1964 (sec. 607. 78 Stat. 532; 42 U.S.C. 2947). - ' 36. Headstart, Economlc Opportunlty, and Community Partnership Act of 1974 (sec. 11. see sec. 811 thereof. 88 Stat. 2327; 42 U.S.C. 2992a). 37. Housing and Urban Development Act of 1965 (sec. 707. 79 Stat. 492 as amended; 42 U.S.C. 3107). 38. Older Americans Act of 1965 (sec. 502. Pub. L. 89-73. as amended Dy sec. 501. PuD. L. 93-29; 87 Stat. 50; 42 U.S.C. 3041a(a)(4)). 39. Public Yorks and Economic Development Act of 1905 (sec. 712. 79 Stat. 575 as amended; 42 U.S.C. 3222). 02 ~~9 40. Juvenile Delinquency Prevention Act (sec. 1, 86 Star. 536; 42 U.S.C. 388x). 41. New Communities Act of 1968 (sec. 410, 82 Stat. 516; 42 U.S.L. 3909). 42. Urban Growth and Ner Community Development Act of 1970 (sec. 727(1), B4 Stat. 1803; 42 U.S.C. 4529). 43, Domestic Volunteer Service Act of 1973 (sec. 40b, 87 Stat. 410; 42 u.S.C. 5046). 44 Housing and Community Development Act of 1974 . (secs. 110, 802(9). 88 Stat. 649, 724; 42 U.S.L. 5310, 1440(9)). 45, Developmentally Disabled Assistance and Bill of Rights Act ls ec. 126(4), 89 Stat. 488; 42 U.S.C. 6042(4); title I, sec. 111, 89 Stat. 491; 42 U.S.C. 6063(0)(19)). 46. Public worts Employment Act of 1976 (sec. 109. 90 Stat. 1001 ; 42 U.S.C. 6708, also sec. 208. 90 Stat. 1008; 42 U.S.L. 6728). 47. Energy Conservation and Production Act (sec. 4511h), 90 St at. 1168; 42 U.S.C. 6881(h)). 48. Solid Waste Disposal Act lsec. 2. 90 .Brat. 2828: 42 U.S. C. 6979). 49. Rail~Passenger Service Act of 1970 (sec. 4050. 84 Stat. 1331 ; 45 U.S.C. 565(d)). 50. Urban Mass Transportation Act of 1964 lsec. 10. 78 Stat. 307 ; renueDered sec. 13 Dy BB Stat. 715; 49 U.S.C. 1609). 51. Nighray speed Around transportation study (sec. 6(b). 79 Stat. 893; 49 U.S.C. 1636(b)). 52. Airport and Airway Oerelopnent Act of 1970 (sec. 22(0). 84 Stat. 231; 49 U.S.C. 1722(0)). 53. Federal Cirit Defense Act of 1950 (50 U.S.C. App. 22811). 54. National Capitai Transportation Act of 1965 (sec. 3lb)(4), 79 Stat. 644; 40 U.S.C. 682(b)(4). NOTE - Repealed Dec. 9. 1969 and laDOr standards incorporated in sec. 1-1431 of the District of Colu4Dia Code). 02 X29 55. 4, 80 Stat. Code)• Model Secondary School for the Deat Act (sec. 1027, PuD. L. 89 694, Dut not in the united States 56. Delarart River Basin Compact (sec. 15.1, 75 Stat. 714, PuD. L. 87-328) (considered a statute .for purposes of the plan Dut not in the United States Code). [FR Doc. 86-7726 Filed 4-8-86; 8:45 am] 02 ~~9 TITLE 40 USC - SECTIONS 327 - 330 PUBLIC LAM 87-581 AM ACT To establish standards for hours of work antl overtime pay of laborers and mecnan~cs employed on work done under contract for, or w~tcrtforf~tne cDastrictoof ColumD~iaeO andtfor for any territory, other purposes. Be it enacted Dy the Senate and Mouse of Representatives of the United States of America in Congress assembled, roar toss ACt may be Cited as the 'Work Hours and Safety Act of 1962' and title 1 may De cited as the 'Cont'ract Mort Hours and Safety Standards Act'. TITLE I ~ CONTRACT YORK HOURS AMD SAFETY STANDARDS ACT SEC. 101. As used herein. the term 'Secretary means the Secretary of LiDOr, United States Department of Labor. SEC. 102.(a) Notrithstanding any other provision of tar, the wages of every laborer and oechanic employed Dy any contractor or suDCOntractor in his performanEe of Tort on any contract of the character specified in section 103 shall De computed on the basis of a standard rorkday of eight hours and a standard rorkreek of forsy hours, and cork in excess of such standard rorkday or rorkreek shall De permitted subject to the provisions of this section. For each rorksheet in rhich any such laborer or mechanic is s0 employed. such rages shall include compensation. at a rate not less than one and one-half times the basic rate of pay. for all hours rorted in a:test of eight hours in any calendar day or in a:test of forty hours in the rorkreek. as the case may be. (D) The fotloring provisions shat: be a condition of every contract of the character specified in section 103 and of any obligation of the United States. any territory. or the District of Columbia in connection thererith: (1) No contractor or subcontractor con- tracting for any part of the contract cork which may require 02 3~9 or involve the employment of laborers or mecnanics shall require or permit any laborer or mechanic, in any workreek in rhich he is employed on such work, to worK in excess of eight hours in any such calendar day or in excess of forty hours i,n such workweek except in accordance with the provisicns of this Act; and (2) in the event of viclation of the provisions of paragraph (1), the contractor and any subcontractor responsible therefor shall De liable to such affected employee for his unpaid wages and shall, in addition, De liable to the United States (or. in the case of cork done under contract for the District of Columbia or a territory, to such District or to sucn territory) for liquidated damages as provided therein. Such liquidated damages shall De computed. ri~th 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 rhich such individual vas required or permitted to cork in excess of eight hours or in excess of standard worksheet of forty hours without payment of the overtime rages required Dy this Act. The. governmental agency for rhich the contract cork is done or Dy rhich financial assistance for the cork is provided may rithhold, or cause to De ritnneld, suD~ect to the provisions of section 104,' from any moneys payable on account of cork performed Dy a contractor or suDCOntractor, such sums as may administratively De determined to De liquidated damages as herein provided. SEC. 103.(x) The provisions of this Act shall apply, except as otne~rise provided, to any contract which may require or involve the employment of laborers or mechanics upon a DuDlic cork of the United States. of any territory, or of the District of Columbia, and to any other contract rhich may require or involve the employment of laborers or mechanics if such contract is one (1) to rhich the United Statet or any agency or instrumentality thereof, any territory, or the District of Columbia is a party. or (2) rhich is made for or on behalf of the Untied Ssates. any agency or insturmentality thereof. any territory. or the District of ColumDta. or t3) rhich is a contract for tort financed in thole or in part Dy loans or grants from. or loans insured or guaranteed Dy, the united States or any agency or instrumentality thereof under any statute of the United States providing rage standards for sucn cork: Provided, that the provisions of section 102. shall not .apply to Tort there the assistance iron 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 osherrise expressly provided, the provisions of the Act shall apply to all laborers and mecnanics. including ratchmen and guards, employed Dy any contractor or suDCOntractor in the oz ~z~ performance of any Dart of the worK contemplated Dy such contract, and for purposes of this Act. laDOrers and mechanics shall include workmen performing services in connection with dredging or rock excavation in any river or harDOr of the United states or cf any territory or of the District of Columbia, Dut shall not include any employee employed as a seaman. (D) This Act snail not aDDIY to contracts for Lransportation Dy land, air, or water, or forlies oramaterials of intelligence, or for the purchase of suDD or articles ordinarily available in the optn marktt. This ACt shall not apD1Y with res'ovisionsn of othereMalshaHealey dPuDliC accordance with the p Contracts Act (49 Stat. 2036; 41 U.S.C. 35-45). SEC. 104.(x) Any officer or person designated as inspector of the cork to be performed under any contract Of 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 cork, together with she name of each laDOrer or mechanic rho vas required or permitted to cork in violation of such provisions and the day or days- of such violation. The amount of unpaid rages and liquidated damages acing under the provisions of this Act shall be administratively determined and the officer or person chose duty it is to approve Lne payment of moneys Dy the United states, the territory. or the District of Columbia in connection rith the performance of the contract cork shall dirett the amount of such liquidated Damages to De rithheld for_ the use and benefit of the United States, said territory, or said District, and shall direct the amount of such unpaid rages to the rithheld for the use and benefit of the laborers and mechanics rho rere not compensated is required under tqe provisions of this Act. The Cooptroller General of the united States is hereby aushorized and directed so pay directi to such laborers and mechanics. iron the suns rithheld on er.couns of underpayments of rages, the respective aaounts adn~inistra- tively determined to De due. if the funds rithheld are adequate, and, if not, an cquitaDle proportion of such aaounts. (D) if the accrued payaents rithheld under mechanics rith respect to rhom there has been a failure to Day the wages required pursuant to this Act. such 1aDOrers and. mechanics Shall, in she case of a departaent or agency of the Federal Government. have the rights of action andlor of inter- vention against the contractor and his sureties conferred Dy 02 329 law upon persons furnishing labor or materials, and in such proceedings it snail De no defense that such laborers and mechanics accepted or agreed to accept less than the required rate of rages or voluntarily made refunds. (~) Any contractor or suD:OnLraCtdr aggrieved Dy the witnnolc~ng of a sum as liquidated damages as provided in this Act snail nave the right, within sixty days thereafter, to appeal to the head of the agency of the united States or of the territory for which the contract work is done or by which financial assistanct for the work is provided, or to the Commissioners of the Cistrict of Columbia in the case of liquidated damages withheld for the use and benefit of said Cistrict. Such agency head or Commissioners, as the case may De. Shall have authority to review the administrative determination of liquidated damages and to issue a final order affirming such determination: or, if it is found that the sum determined is incorrect or that the contractor or suDCOntractor violated the provisions of this Act inadvertently notwithstanding the exercise of due care on his part and that of his agents, recommendations may De made to~ the Secretary that an appropriate adjustment in liquidated tlamages De made, or that the contractor or suDCOntractor De relieved of liability for such liquidated damages. The Secretary shall - review all pertinent facts in the matter and may conduct such investigations as he deems necessary, so as to affirm or reject the recommendation. The dccision of the Secretary shall De final. In alt such cases in which i contractor or subcontractor may De aggrieved Dy a final order for the withholding of liquidated damages as hereinDefore 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, tht Commissioners of the District of Columbia or the Secretary, as " the case may be, shall De conclusive with respect to findings of fact if such findings are supported by substantial evidence. (d) Reorganization Plan Numbered 14 of 1950 (15 F.R. 3175; 64 Stat. 1267) shall be applicaDte rite respect to the provisions of this Act. and section 2 of the Act of June 13, 193a, as amended (a8 Stat. 948. 54 Stat. 1236. 63 Stat. 108; 40 U.S.C. 276c). shall De applicable with respect to those contractors and suDCOntractors referred to therein rho are engaged in the performance of contracts Subject to the provisions of this Act. SEC. 105. The Secretary may proride such reasonable limitations and may matt such rules and regulations allowing reasonable variations, tolerances. and exemptions to and from any or all provisions of this Act as ne may find necessary and proper in the public interest to prevent 02 ~~~ injustice or undue hardship or to avoid Serious impairment of the conduct of Government business. SEC. 106. Any contractor or subcontractor wnost duty it shall De to employ, direct, or control any laborer or mechanic employed in the performance of any cork contemplated by any contract to which this Act aDDiies, who shall intentionally violate any provisions of this Act, shall De deemed guilty of a misdemeanor, and for each and every such offense shall, upon conviction, De punished Dy a fine of not to excted 51.000 Or Dy imprisonment for not more than six months, or Dy Doth such fine and imprisonment, in the discretion of the court having jurisdiction thereof. SEC. 107.(a) It snail De a condition of each contract rnich is entered into under legislation 1950 (64 Star. 1267). and is for construction, alteration, and/or repair, including Dainting and decorating, that no contractor or subcontractor contracting for any part of the contract cork shall reouire any laborer or mechanic employed in the performance of the contract to cork in surrounding or under working conditions rnich are unsanitary, hazardous, or dangerous to his health or safety, as determined under construction safety anO health standards promulgated Dy the Secretary Dy regulation based on proceedings pursuant to section 553 of title 5, United States Code. provided that such proceedings include a hearing of the nature authorized Dy said section. In formulating such standards, the Secretary shall consult rith the Advisory Committee created Dy suDsection.(e). (D) The Secretary is authorized to make such inspections; hold such hearings. issue such orders. and mate such decisions based on findings o~ fact, as arm deemed necessary to gain compliance rith Uis section and any health - and safety standard promulgated Dy the Secretary under subsection (a), and for such puposes the Secretary and the united States district courts shall have the authority and jurisdiction provided Dy sections 4 and S of the Act of June 3p, 1936, (41 U.S.C. 38. 39). In the event that the Secretary of LaDOr determines noncompliance under the provisions of this section after an opportunity for an adjudicatory hearing by the Secretary of any condition of a contract of a type described in clause (1) or (2) of section 1031a) of this Act. the governmental agency for rhich the contract cork is done shall have the rigor to cancel the contract, and to enter into other contracts for the completion of the contract cork. charging any additional cost to the original contractor, In the event of noncompliance, as determined Dy the Secretary after an opportunity for an adjudictory hearing Dy the Secretary. of any condition of a contract of a type described in clause (3) of 02 ~2s section 103(a). the governmental agency Dy wnicn financial guarantee, assistance. Or 1nSUranCe fOr Lhe COntraCL work i5 provided shall have Lne rignL LO withheld any sUCh aSSisLdnce attriDutaDle to the performance cf the contract. Section 104 of this Act shall not apply to the enforcement of Lois section. (c) 7ne united States district courts sna p have jurisdiction for cause shown, in any actions Drought Dy the Secretary, to enforce compliance with the construction safety and health standard Dromutgated Dy the Secretary under subsection la). (d) (1) If the Secretary determines on the record after an opportunity for an agency nearing that, Dy repeated willful or grossly negligent violations of Lois Act, a contractor or subcontractor has demonstrated that the provi- sions of subsections (D) and lc) are not effective to protect the safety and health of his employees. the Secretary shall make a finding to roar effect and shalt, not sooner than thirty days after giving notice of the findings to all interested persons, transmit the name of such contractor or SuDCOntractor to the Comptroller General. (2) The Comptroller General shall distribute each name so transmitted to him to all agencies of the Government. Unless the Secretary otherwise recommends. no contract subject to this section shall De awarded to such contractor. or subcontractor or to any person in which such contractor or suDCOntractor has a substantial interest until three years have elapsed from the date the name is transmitted to the Comptroller General. lf, before the end of such tnrt~-year period, the Secretary, after affording interested persons due notice and opportunity for -hearing, is satisfied that a contractor or suDCOntractor chose name he' has transmitted to the responsibility with the requirements of this section, he shall terminate the application of the proceeding sentence to such contractor or subcontractor (and Lo any person in wnicn the contractor or suDCOntractor has a substantial interest): and when the Comptroller General is informed of the Secretary's action he shall inform alt agencies of the Government thereof. (3) Any person aggrieved Dy the Secretary's action under subsections (D) or (d) may. within sixty days after receiving notice thereof. fife with the appropriate United States court of appeals a petition for review of such action. A copy of. the petition shall De forthwith transmitted by the clerk of the court to the Secretary,. who shall thereupon file in the court the record upon which he based his action. as provided in section 2112 of 02 329 title 28. United States Code. 7ne findings of fact Dy the Secretary, if supported Dy substantial evidence. shall De final. The Court shall have power to make and enter a decree enforcing, modifying, and enforcing as so modified. or setting aside in thole or in part, the order of the Secretary or ine appropriate Government agency. Tne JuCgement of the court shall De suD~ect to rtv~ew Dy the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code. (e) (1) The Secretary shalt establish in the Department of :aDOr an Advisory Committee on Construction Safety and nealtn (hereinafter referred to as the `Advisory Committee") consisting of nine members appointed, ritnout regard to the civil service lays, Dy the Secretary. The Secretary shall aDDOint one such member as Chairman. Three members of the Advisory Committee shall De persons representative of contractors to room this section applies. three members shall De persons representative of employees primarily in the building trades and construction industry engaged in carrying out Contracts to rhich this section aDDlies, and three DuD11c representatives rho shall De selected on the basis of their professional and technical competence and experience in the construction nealtn and safety field. (2) The Advisory Committee shall advise the Secretary in the formulation of construction safety and nealtn standards antl 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 consultants as may be necessary to carry out the functions of the Advisory Committee. (3) Members of the Advisory Committee shall, toile serving on the business of the Advisory Committee, De entitled to receive compensation at rates fixed Dy the Secretary, Dut not exceeding 5100 per day. including traveltime; antl chile so serving aray from their homes or regular places of business, they may De alloyed travel expenses, including per diem in lieu of subsistence. as authorized Dy section 5703 of title 5 of the United States Code for persons in the Government service employed lntermittenily. (f) Tne Secretary shill provide for the establishment and supervision of programs for the education and training of employers and empt~yees in the recognition. avoidance, and prevention of unsafe corking conditions in employments covered Dy the Act, and to collect such reports and data and to consult rith and advise employers as to the Dest means of preventing injuries. Approved August 13, 1962 Amended August 9, 1969 ~~ 329 Slate of California Department of Industrial Relations Division of Apprenticeship Standards EXCERPTS FROM THE CALIFORNIA LABOR CODE RELATING 7D APPRENTICES ON PUBLIC NORKS Chapter 1 of Division 2 APPRENTICES ON PUBLIC MORKS 1773.3 An ararding agency chose public corks Contract falls rithin the jurisdiction of Section 1777.5 shall, rithin 5 days of the arard, send a copy of the arard to the Division of Apprenticeship Standards. Mhen specifically requested Dy a local joint aDDrenticeship committee, tht division snail notify the local joint aDDrenticeship committee .regarding all such arards applicable to tee joint aDDrenticeship committee making the request. within five days of a finding of any discrepancy regarding the ratio of apprentices to journeymen, pursuant to the certified filed number of apprentices to journeymen. tee ararding agency shall notify the Division of Apprenticeship Standards. (Added Dy Stats. 1978, Ch. 1249.) (1) A certified copy of an eeployee's payroll record shall De made available for inspection or furnished to such employee or his or her authorized represent- ative on request. (2) A certified copy of all payroll rtcords enumerated in subdivision (a) shall be aade available for inspection or furnished upon request to a representative of the Dody ararding the contract, The Division of Labor Standards (D) The- payroll records enumerated under subdivision (a) shall De certified and sha71 De available for inspection at all reasonable hours ai the principal office of the contractor on the folloring basis: 02 329 DeDartmenttofnIndustDrialsRela~ions~renticeship Standards of the (~) A certified copy of all payroll records enumerated in subdivision (a) shall De made available upon request to ine public for inspection or copies tnereof made, provided, horever, that a request Dy the public shall De mad! through llLher the DOdy ararding tnG COntraCt, tn! division of ApDrenticesnip Standards, or Lhe D~vivennaccessbto Standards ""cnforcementf'n~hpaptuofficehofltnetcontractor. such records at the D (c) each contractor shall file a certified copy c? tie records enumerated in Subdivision (a) rite the entity that rea~es:ed such records ritnin 10 days after receipt of a rrit:en reGues:. ~;,) Any copy of records made available for ::.s;EC:;;,- as ccpizs anc f~rnisned upon request io tn! public ~r any p-ol:c agln:y ~y the awarding body, the Division cf p»r.; :<cl:; ip Stor.ca-cs or :ne ~ivisioa of -abor Star.tlares :r.forceae~: snt'.l Le ~arceo or obliterated in Such a manner as tb ;sever.: c:sc'.csure of an intlividual's naae, address and sacra: sac,;r;;y -u~oer. -~e nace and atldress cf the contractor ararce= :r.e cor.:rac: or ;.erforming the contract shall not ~e xarclG Or obliLeratlG. ;!; The contractor shall inform the toes ararci-g the contract of tr.e location of the records enus.era:ec ,:nc~' suodivision (ai. inciud~ng the street address, city anc courts. and shall, ritnin five corking days, provide a r.utice of a cnanye of location and address. - (f) in the event of ncncoapiiance tiro ttc• rEquir:C.antS o' this SlCtiOn, tn! ContraCtGr shall Hart iG days ~n .n~ch to caapty subsequent to receipt d` written notice specifying ir. roar respects such contractor must comply ri:~ this section. Snouid noncompliance still De evinent after sort. 10-oay period. the contractor shall, as a penalty to the state or political subdivision on chose behalf the contract is Bade or ararded. forfeit trenty-five dollars (S25) for each calendar day, or portion tnereof, for each corker. until strict compliance is effectuated. upon the request of the Division a. Apprenticeship Standards or the Division of Labor Standards Enforcement. such penalties shall De rithheld from progress payments then due. (g) The Dody awarding the contract shall cause to De in sorted in the contract stipulations to effdctuata tn~s section. Such stipulations shall fix the responsibility for compliance tiro this section on the prime contractor. 02 329 (h) The director Consistent rite the California PuDli (commencing with Sec. 6250). or Div. the Information Practices Act of 1577 rite Stc. 1798) Pt. a, Div. 3, Civ. of Such records, including the estaDli to De charged for reproducing ccpies sna11 adopt rules c RecorCS Act. (Ch. 3.5 7, Title 1. Gov. C.) and (7itle 1.8 (commencing C.) governing the release snment Cf reasonable fees of records repuired Dy tnis section. (Added Dy Stats. 1578, Ch. 1249.) 1777,5, Notning in this chapter sna11 prevent the employment of property registeretl apprentices upon public corks. Every such aDDrentice_ shall De Daid to id to aoDrentices under the reau ations o the rnicn ne ~s emp oyed. and sna De employed c ,~. ~., , nr crane to rnicn ne ~s registered. Only apprentices._as defined in Section 3077, rho are in training under apprenticeship standards and written appren- tice agreements under Chapter 4 (commencing rith Section 30701. Division 3, of the labor Code, are eligible to De employed on public corks. The employment and training of each apprentice shall De in accordance with the provisions of the apprenticeship standards and apprentice agreements under which he is training. th r to whom the co affected: provigea. norevlr. that the approval as estaoiisnea Dy the point apprenticeship committee or committees shall De subject to the aDDroral of the Adminlsirator of Apprenticeship. The joint apprenticeship commute! 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 De 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 public cork to ensure equal employment and affirmative action 02 329 in apprenticeship for women and minorities. Contractors or suDCOntractors shall not DetceQlocaltl jointDmaDDrenttcesh,D applications for approval the local committees provided they are already covereda D~entices to apprenticeship stantlartls. The ratio of ourne men who Shall De emDTO e0 to the cra t or trenttcesnte uD tc work ma De the ratio stt u area to the a standards under worth the otnt a renttceshess tnaetone o crates Dut to no :ase sna the ratto De a renttce or each the ourne men, exce t as otnerwtse rovttled to tots secttoh. The contractor or suDCOntractor, if he is covered Dy this section, upon the issuance TOVethlinDDsu ~ lcrafttfor atrader if he has Deen previously aDD shall employ the number of apprentices or the ratio of apprentices to ~our'oyern snowipnga by the Contractorn that hhe standards. Upon D D employs apprentices in such craft or trade in the state on 'a 11 of his contracts on an annual average of not less than one apprentice to each five journeymen, the Division of contractors Proms the al ato 5 yratiao tas set tforth tinethistseisone This section shall not a 1 to contracts of eneral ...,..,trots thud vtne eSS than thirty thOUSand tl0 art ~~a tv 1Ye wGr~~ny ucla. 'ApprenticeaDle craft or trade . as used in this section, shall mean a craft or trade determined as an apprenticeaDle occupation in accordance with rules and regulations prescribed Dy the Appenticeship Council. The joint apprenticeship committee shall here the Discretion to grant a certificate, rnich shall De subject to the approval of the Administrator of Apprenticeship. exempting a contractor from the 1-to-5 ratio set forth in this section then it finds loaf any one of the folloring conditions is met: la) In the event unemployment for the previous three month period in Such area lxceeds an average Of 15 percent, or (D) In the event th! number of aDDrentices in training in such a rea exceeds a ratio of 1-to-3. or (c) If there is a shoring that the aDDrenticeaDle craf t or trade is annually replacing at least through apprenticeship one-thirtieth of its (1) h i journeyman on a stateride ba sis. or (2) on a local t training, e er basis. p2 329 (d) If assignment of an aDDren:ice to any rock performed under a public works contras: would create a Condition rhicn wou1C jeoparCize his Life or ;ne life, safety, or property of fellow employees or the public at large or it the specific task to rhicn the apprentice is :c De assigned is of such a nature roar training cannot De previded Dy a journeyman. when such exemptions are granted to an organization which represents contractors in a specific trade from the 1-to-S ratio on a local or stateside basis the member contractors rill not De repuired to submit individual applications for aDProval to local joins apprenticeship committees, provided they are already covered Dy the local apprenticeship standards. A contractor t room the coats ct is ararded fmino inY 0 t o rho. In Derr oys Journeymen trace and rho i ester and coot ntr is r SuDCOntracLOr may aoa f ine contractor or such contributions in The Division of Labor enforce the payment of as set forth in Section computing his Did for the contract. Standards Enforcement is authorized to such contributions to the fund or funds 227. The Dody ararding the contract- shall cause to De inserted in the contract stipulations to effectuate this section. Such st~ ulatlons shall fix the responsiDilisy of compliance with this section for all apprenticeaDle occupations rite the prime contractor. All decisions of the joint apprenticeship committee under this section are subject to the provisions of Section 3081. (Amended by Stars. 1976. Ch. 1179.) 02 329 1777.6. It shall De unlawful for an employer or a labor union to •refuse to accept otherwise qualified employees as registered aDDrer,tices on any public works, on the ground of the race, religious creed, color, national origin, ancestry, sex, or age, except as Drovided in Section 3077, of such employee. (Amended Dy Stats. 1976. Cn. 1179.) Sec. 1777.). (a) In the event a contractor willfully fails to comply with the Drovisions of Section 1777.5. such contractor shall: 11) Be denied the right to Did on any public works contract for a period of one year from the date the determination of noncompliance is made Dy the Administrator of Apprenticeship; and (2) Forfeit as a civil penalty in the sum of fifty dollars (S50) for each calendr day of noncompliance. Notrithssanding the Drovisions of Section 1727. upon receipt of such a dtermination the arartling Dotly shall withhold from contract progress payments then due or to become due such sum. (p) Any such determination shall De issued after a full investigation, a fair and impartial hearing, and reasonable notice thereof in accordance with reasonable rules and procedures prescribed by the Latifornia Apprenticeship Council. (c] Any funds withheld Dy the awarding Dody pursuant to this section shall De deposited to the General Fund if the awarding Dody is a state entity. or in the equivalent fund of an arartling Dotly is an entity other than the state. The interpretation and enforce~ent of Sections 1777.5 and 1777.7 shall be in accordance rash the rules and procedures of the California Apprenticeship Councll. (Amended Dy Stats. 1978. Ch. 1249.) 0~ 329 EQUAL EMPLOTMEM7 OPPORTUMITI EXECUTIVE ORDER 11246 AS AMENDED BT E2ECUTIYE ORDER 11315 Under and Dy virtue of the authority vested in me as President of the United States, it is ordered as follows: PART I - NONDISCRIMINATION IM GOVERNMENT EMPLOYMENT PART II - NONDISCRIMINATION IM EMPLOYMENT BT GOVERNMENT CONTRACTORS AMD SUBCONTRACTORS 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' Agreements SEC. 202. Except in contracts exempted ih accordance with section 204 of Lois order, all Government contracting agencies sna11 include in every Government contract hereafter entered into the following provisions: During the performance of Lois contract, the contractor - agrees as follows: (3) The contractor rill not dis- criminate aganst any employee or applicant for employment because of race, color, religion, se:, or national origin. The contractor rill fate affirmative action to ensure that applicants are employed. and that employees are treated during employment. without regard to their race. color, religion. sea, or national origin. Such action shall include. Dut not De limited to the following: employment. upgrad- ing, devotion, or transfer; recruitment or recruitment advertising; layoff or termination: rates of pay or other forms.ot compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places. available to employees and applicants for employment. notices to De provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 02 329 (21 The contractor will, in all solicitations or advertisements for employees placed Dy or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sez or national origin. X31 The contractor will send to each labor union or representative of workers with which ne has a collective bargaining agreement or other contract or understanding, a notice. to De provided by the agency contracting officer, advising the labor union commitments runder a section o202neofonExecutive Order wo. 11246 of September 24, 1965, and placesD availaD~les to employeese and caDDlicants for employment. (4) The contractor rill comply rith all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regu- lations, and relevant orders of the Secretary of Laoor. (5) The contract rill furnish alt information and reports requlred by Executive Order No. 11248 of September 24. 1965. and Dy the rules. regulations. and orders of the Secretary of Labor, or pursuant thereto, and rill permit access to his books. records, and accounts Dy 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 rith the nondiscrimination clauses of this contract or rlth any of such rules. regulations. or orders. this contract may De canceled. terminated. or suspended in Thole or in part and the contractor may De declared ineligi0lefor further Government Contracts in accordance with procedures authori2ed in Executive Order No. 11246 Of September 24. 1965. and such other sanctions may De imposed and remedies involved 02 329 as Drovitled in Executive Order No. 11246 of $eDtemDer 24. 1965, or Dy rule, regulation, or order of the Secretary of LaDOr, or as otherwise provided Dy law. (7) The contractor will in;lutle the provisions of paragraphs (1) through (7) in curry subcontract Or purchase order unless exempted Dy rules, regulations, or orders of the Secretary of LaDOr issued pursuant to section 204 of Executive Order No. 11246 of SeDtemDer 24, 1965, so that such provisions will De binding upon each suDCOniracior or vendor. ine contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, hoverer. That in the event the contractor becomes involved in, or threatened with, litigation with a subcontractor or vendor as a result of such direction Dy the contracting agency, the contractor may request the United Slates to enter into such litigation to protect the interests of the United Stales. SEC. 203. (a) Each contractor having a contract containing the provisions prescribed in section 202 shall file. and shall cause each of his suDcontractors~to file, compliance reports rith the contracting agency or the Secretary of LaDOr as may De directed. Compliance reports shall De filed rithin such times and shall contain such information as to the practices, policies, programs, and employment policies, _ programs, and employment statistics of the contractor and each subcontractor, and shall De in such form, as the Secretary of LaDOr may prescribe. (D) Bidders or prospective contractors or suDCOntractors may be required to state rhether they have participated in any previous contract suD~ect to the provisions of this order. or any preceding similar eaecustve 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 Did or negotiation.of a contract. (c) Whenever the Contractor or subcontractor has a collective bargaining agreement or other contract or understanding wish a labor union or an agency referring corkers or providing or supervising apprenticeship or training for such corkers, the compliance report shall include QZ 329 such information as to sucn labor union's or agency's Dractices and policies affecting compliance as the Secretary of LaDOr may prescribe: Provided. Tna: to the extent such information is within the exclusive possession of a labor union or an agency referring workers or providing or supervising apprenticeship or training and such labor union or agency shall refuse to furnish such information to the contractor, the contractor shall so certify to the contracting agency as part of its compliance report and Shall set forth what efforts he has made to obtain Such information. (d) The contracting agency or the Secretary of Labor may direct that any Ditlder or prospective contractor or suDCOntractor shall submit, as part of his compliance report, a statement in writing, signed Dy an authorized officer or agent on behalf of any labor union or agency referring workers or providing or supervising apprenticeship or other training, rich 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 rill affirmatively cooperate in the implementation of the policy and provisions of this order or that it consents and agrees loaf recruitment, employment, and the terms and conditions of employment under the proposed contract shall De in accordance with Lhe 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 certlfy and set forth chat efforts have Deen mace to secure sucn a statement and such additional tactual material as the contracting agency or the Secretary of Labor may require. SEC. 204. The Secretary of Labor may, Then he deems that special circumstances in the national interest so require. exempt a contracting agency from the requirement of including any or alt of the provisions of section 202 of this order in any specific contract. subcontract. or purchase order. The Secretary of Labor may, Dy rote or regulation. also exempt certain classes of consracts, subcontracts, or purchase orders: (1) whenever cork is to De or has Deen performed outside the United States and no recruitment of corkers within the limits of the United States is involved; (2I for standard commercial suDDlies or war materials: (3) involving less than specified amounts of money or specified number of workers: or (4) to the extent that they inrolve subcontracts below a specified tier. The Secretary of LiDOr 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 related to the performance of the contract: Provided, That such an exemption will not interfere rite or 02 329 impede the effectuation of the purposes of this order: And provide further, That in the absence of sucn an exemption all facilities shall De covered Dy the provisions cf ;nis order. Subpart C - Poders and Duties of the Secretary of LtDor and the Contracting Agencies SEC. 205. :acn contracting agency shall De primarily responsible for obtaining compliance with the rules. regulations, and orders of the Secretary of LaDOr with respect to contracts entered into Dy such agency or its contractors. All contracting agencies shall comply rith the rules of the Secretary of labor in discharging :heir primary responsibility for securing compliance with the provisions of contracts and otherwise rith the terms of this order and of the rules. regulations, and ortlers of the Secretary of Labor issued pursuant to this ortler. They are directed to cooperate with the Secretary of Labor and to furnish the Secretary of LaDOr such information and assistance as he may require in the per- formance of his functions under this order. They are further directed to appoint or designate, from among Lhe agency's personnel, compliance officers. It shall De the duty of such officers to seek compliance with the objectives of this order Dy conference, conciliation, mediation, or persuasion. SEG. 206. (a) The Secretary of Labor may invessigate the employment practices of any Government contractor or subcontractor, or initiate such investlgation by the appropriate contracting agency. to determine whether or not the contractural provisions specified in section 202 of this order have Deen violated. Such investigation shall be conducted in accordance with the procedures established Dy the Secretary of LtDOr and the investigating agency shall report to the Secretary of Labor any action taken or recommended. (D) The Secretary of Labor may receive and investigate or cause to be investigated complaints Dy employees or prospective 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 Dy a contracting agency, that agency shall report to the Secretary what action has Deen taken or is recommended with regard to such complaints. 02 329 SEC. 207. The Secretary of LaDOr snail use his Dest efforts, directly antl tnrough contracting agencies, other interested federal, State, and local agencies, contractors, and all other available instrumentalities to cause any 1dDOr union engaged in work under Government contracts or any agency referring workers or providing or supervising aDDrenticesnip or training for or in the course of such work to cooperate in the implementation of the purposes of tats order. 7ne Secretary of LaDOr shall,~in appropriate cases. notify the Equal Opportunity Commission, the Department of Justice, or otner appropriate Federal agencies wnenever it has reason to believe that the practices of any such labor organization or agency violate Titles VI or YII of the Civil Rights Act of 1964 or other provision of Federal lar. SEC. 208. (a) The Secretary of Labor, or any agency, officer, or employee in the executive branch of the Government designated Dy rule, regulation, or order of the Secretary, may hold such hearings. DuDIiC or private, as the~Secretary may deem advisable for compliance, enforcement, or educational purposes. (D) The Secretary of LaDOr may hold. or cause to De 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 De made rithout affording the contractor an opportunity for a hearing. Subpart 0 - Sanctions and Psoaltjes - SEC. 209. (a) In accordance rith such rules. regulations, or orders as the Secretary of Labor may issue or adopt, the Secresary or the appropriate contracting agency may: (1) Publish. or cause to be published. the names of contractors or unions rhich it has concluded have complied or have failed to comply rith the provisions 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 rhich 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 De brought to enforce those provisions. including the enjoining, rithin the 02 329 limitations of applicable lar, of organizations. individuals. or groups rho prevent directly or indirectly, or seek to prevent directly or indirectly, compliance rite the Drovisions of this order. (3) Recommend to the Equal Employment Opportunity Commission or the DeDartmen: of Justice that appropriate proceedings De instituted under Title YII of the Civil Rights Act of 1964. (4) Recommend to the Department of Justice that criminal proceedings De brought for the furnishing of false information to any contracting agency or to the Secretary of Labor as the case may be. (5) Lancet, terminatc, suspend, or cause to De cancelled. terminated, or suspended any contract, or .any portion or portions thereof. for failure of the contractor or suDCOntractor to comply rith the nondiscrimination Drovisions of the contract. Contracts may De cancelled, terminated, or suspended absolutely or continuance of contracts may De conditioned upon a program for future compliance approved Dy the contracting agency. (6) Provide that any contracting agency snail refrain from entering into further contracts, or extensions or other modifications of existing contracts, rith any noncomplying contractor. until such contractor has satisfied the Secretary of Labor that such contractor has established and rill carry out personnel and cmployment policies in compliance rith the provisions of this order. (D) Under rules and regulations pr~scrlDed Dy the Secretary of Labor. each contracting agency shall- make reasonable efforts within a reasonable time limitation to secure compliance rith the contract provisions of this order Dy methods of conference. conc111ation, mediation, and persuasion before proceedings shall De institused under subsection (a)(2) of this section. or Detore a Contract shall De cancelled or terminated in thole or part under .subsection (a)(5I of this section for failure of a contracsor or subcontractor to comply with the contract provisions of this order. SEC. 210. Any contracting agcncy taking any action authorizetl Dy this subpart, rhether on its orn motion, or as tlirected Oy the Secretary of Labor, or under the rules and regulations of the Secretary. shall promptly notify the Secretary of such action. Whenever the Secretary of Labor makes a determination under this section. he shall promptly notify the appropriate contracting agcncy of the action recommended. The agency shall take such action and shall - 02 X29 PART III - MONDISCRIMIMATIOM PROVISIONS IM FEDERALLY ASSISTED CONSTRUCTION CONTRACTS SEC. 301. Eacn executive department and agency rhicn administers a program involving Federal financial assistance shall require as'nsurancet~or guaranteeapthereunder,arnicnamay contract, loan, involve a construction contract, that the applicant for Federal assistanct undertake ano agree to incorporate, or cause to De incorporated, into all construction contracts paid for in thole or in part rith funds obtained from the Federal Government or Dorrore0 on Lhe creCit oloane Finsuranceovero men9uaranteent or such grant, contract. Federal program involving sucn undertaeen pursuant to any grant, contract, loan, insurance, or guarantee, the provisions prescribed for Government contracts by section 202 of this order or such modification thereof, preserving in substance ine contractor's obligations thereunder, as may De approved by the Secretary of Labor, together with such additional provisions as the Secretary deems appropriate to establish and protect the. interest of the United States in the enforcement of those obligations. Each such applicant shall also undertake and agree: (1) to assist and cooperate actively with the administering department or agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors rite those contract provisions and rith the rules. regulations. and relevant orders of the Secretary; (2) to obtain and to furnish to the administering department or agency and to the Secretary of Labor such information as they may require for the supervision of such compliance; (3) to carry out sanctions and penalties for violation of such obligations imposed upon contractors and subcontractors by the Secretary of Labor or the _ administering department or agency pursuant to part II. subpart D, of this order; and (4) to refrain from entering into any contract subject to this order, or extension or other modification of such a contract rith a contractor debarred from Government contracts under part II. subpart D. of this order. SEC. 302. (a) 'Construction Contract' as used in this. order means any contract for the construction. rehaD111tation. conversion, extension, or repair or buildings. highrays. or other improvements to real property. (b) The provisions of part II of this order shall apply to sucn construction contracts, and for purposes of such application, the administering department or agency shall De 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 Dy agency regulation, other program participant, rith respect to room an application for any grant, contract. 02 329 loan, insurance, or guarantee is not finally acted upon prior to the effective date of this part, and it includes such an applicant after he becomes a recipient of sucn Federal assistance. SEC. 303 (a) Each administering department antl agency shall be responsible for obtaining the compliance of such applicants with tneir undertakings under this order. Eacn administering department and agency is directed to cooperate rich the Secretary of LaDOr, and to furnisn the Secretary such information and assistance as he may require in the performance of his functions under this order. (p) In the event an applicant fails and refuses to comply rith his undertakings, the administering department or agency may take any or all of the following actions: (1) cancel, terminate, or suspend in thole or in part the agreement, contract, or other arrangement rith such applicant with respect to which the failure and refusal ocurred; (21 refrain from a:tending any further assistance to the applicant under the program with respect to rhich the failure or refusal occurred until satisfactory assurance of future compliance has Deen received from such applicant; and (3) refer the case to the Department of Justice for appropriate legal proceedings. (c) Any action rish respect to an applicant pursuant to subsection (D) shalt De taken in conformity rish section 602. of ~tne Civil Rights Act of 1964 (and the regula- tions of the administering department or agency issued thereunder), to the extent app~icaDle. In no case shall action De taken rite respect to an applicant pursuant to clause (1) or (2) of subsection lD) without notice and opportunity for hearing before the administering department~or agency. SEC. 3D4. Any executive department or agency rhich imposes Dy rule. regulation. or order requirements of nondiscrimination in employment. other than requirements imposed pursuant to this order, may delegate to the Secretary of LaDOr Oy agreement such responsibilities with respect to compliance standards. reports. and procedures as could 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 Dy recipients of Federal financial assistance with requirements imposed pursuant to Title YI of the Civil Rights Act of 1964 shall De taken in conformity with the procedures and limita- tions prescribed in section 602 Lhereof and the regulations of the administering department or agency issued thereunder. 02 329 PART IY - MISCELLANEOUS SEC. 401. The Secretary of Labor may delegate to any officer, or employee in the executive branch of the Government, any function or duty of the Secretary under parts II and III of this order, except authority to promulgate rules and regulations of a general nature. SEC. 402. The Secretary of LaDOr Sha11 provide administrative suDDort for the execution of the program thorn as the 'blahs of Drogress'• SEL. 403. 5(a )1957)~u 10925 (Mars. 6~s1961) 9011114n~(June 1955). 10755 (Aug. 22. 1963). and 11162 (July 28, 1964). are hereby superceded and the President's committee on Equal Employment Opportunity established Dy Executive Order No. 10925 is hereby abolished. A11 records and property in the custody of the Committee shall De transferred to the Civil Service Commission and the Secretary of Labor, as appropriate. (p) 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. A11 rules. regulations, orders. instructions, designations. and other directives issued Dy the President's Committee on Eoua1 Employment Opportunity and those issued Dy the heads of various departments or agencies under or pursuant to any of the e:ecutive orders superceded Dy this order. shril, to the extent that they are not inconsistent rith 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 De 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 rith 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 efter the date of this order. LTNDON 8. JOHNSON 7HE YHITE HOUSE September 24, 1965 02 329 WAIS Document Retrieval Page 1 of 21 QZ 3~9 GENERAL DECISION CA020037 10/04/2002 CA37 Date: October 4, 2002 General Decision Number CA020037 Superseded General Cecision No. CA010037 Slate: California Construction Type: BUILDING DREDGING HEi,VY HIGHWAY County (ies): SAN BERNARDINO BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does r.ot include water well drilling); HIGHWAY CONSTRUCTION PROJECTS Modification Number 0 1 2 3 9 5 6 7 B 9 10 11 12 13 COUNTY (ies): SAN BERNARDINO ASBEOOOSB 08/05/2002 Publication Date 03/01/2002 03/08/2002 03/22/2002 03/29/2002 05/10/2002 06/07/2002 07/05/2002 07/19/2002 08/02/2002 08/09/2002 08/23/2002 09/06/2002 09/20/2002 10/09/2002 Rates Fringes lncludes the application of all insulating materials, protective coverings, coatings, and finishings tc all types of mechanical systems INSULATOR/ASBESTOS WORKER 33.06 8.11 ---------------------------------------------------------------- * ASBEOOOSZ 10/i9/1998 Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing oa all insuling materials from rechanical systems, whether they Rates Fringes anv/cal-hin/wai seate.cei? WAISdocID=00289432009+2+0+... 10/07/2002 WAIS Document Retrieval ...,..pair, asbestos or not ASBESTOS eIA ZADO05 M,ATER~AL r.ADID LER 16.00 2.30 * BOIL0092F 10/01/2002 Rates Fringes BOILERMAKER 31.96 13.30 BRCA00040 05/01/2002 Rates Fringes BRICKLAYER; MARBLE MASON 28.22 6.20 BRCA0018G 06/01/2002 Rates Fringes TILE LAYERS 26.50 7.95 TILE FINISH~R5 16.65 2.91 MARBLE FINISHER 19.90 3.56 BRCA0018K 12/01/2000 Rates Fringes '!'ERRAZZO WORKER 26.78 5.39 TERRAZZO FINISHER 20.53 5.39 CARP0002B 07/01/2001 Rates Fringes DIVERS: Diver, wet 486.08 per day 5.61 Diver, stand-by 293.09 per day 5.61 Diver tender 235.04 per day 5.61 CARP0002Q 07/01/2002 Rates Fringes Work on wood framed constructi on of single family residences, apartments or condominiums under 9 stories DRYWALL INSTALLERS 19.00 5.18 DRYWALL STOCKER/SCRAPPER 10.00 9.68 .-,_~ other work DRYWALL INSTALLERS 29.00 6.68 uRYWALL STOCKER/SCRAPPER ______________________________ 10.00 _________________ 9.68 _________________ cARP0003E 07/01/1998 Rates Fringes CARPENTERS: Work on wood frame, tilt up or concrete block construction including but not limited to: shopping centers, stores, office buildings, fast food establis hments, also including curb, gutter and sidewalks where the total cost of the project does not exceed Page 2 of 21 02 329 httro://frwebeate l .access. ego.eov/cei-bin/waiseate.cei?WAISdocID=00289432009+2+0+... 10/07/2002 WAIS Document Retrieval seven and one-half million ($7,500,000.00) dollars. CARPENTERS: Carpenter, cabinet installer, insulation installer, floor worker and acoustical ir.stalier 22. 75 6. 28 Shir.gler 22. 88 6. 28 Roof loader of shingles 15. 42 6. 28 Saw filer 22. 83 6. 28 Table power saw operator 22. 85 6. 28 Pneumatic nailer or power stapler 23. 00 6. 28 Fence builder 20. 30 6. 28 Millwright 23. 25 6. 28 P`_1e driver; Derrick barge; Bridge or dock carpenter; Cable splicer; Heavy framer; Rockslinger 22. 88 6. 28 Head rockslinger 22. 98 6. 28 Rock barge or scow 22. 78 6. 28 Scaffold builder 17. 00 6. 28 All other work: CARPENTERS: Carpenter, cabinet installer, insulation installer, floor worker and acoustical _nstaller 29. 75 6. 28 Shingler 29. 88 6. 28 Roof loader of shingles 17. 92 6. 28 Saw filer 24. 83 6. 28 Table power saw operator 24. 85 6. 28 Pneumatic nailer or power stapler 25. 00 6. 28 Fence builder 22. 30 6. 28 Millwright 25. 25 6. 28 Pile driver; Derrick barge; Bridge or dock carpenter; Cable splicer; Heavy framer; Rockslinger 29. 88 6. 28 Head rockslinger 29. 98 6. 28 Rock barge or scow 29. 78 6. 28 Scaffold builder 19. 00 6. 28 FOOTNOTE: Work of forming in the construction of open cut sewers or storm drains, on operations in which horizontal lagging is used in conjunctior. with steel H-Beams driven or placed in pre-drilled holes, for that portion of a lagged trench against which concrete is poured, namely, as a substitute for back forms (which work is performed by piledrivers): $0.13 per hour additional. CARP0003H 07/G1/2001 Rates Fringes MODULAR FURNITURE INSTALLER 19.99 5.805 LOW WALL MODULAR TECHNICIAN 18.22 5.805 Page 3 of 21 02 329 http://frweb Bate I .access. eno. eov/cei-bin/waisQate. cgi? W AISdocID=00289432009+2+0+... 10/07/2002 WAIS Document Retrieval Page 4 of 21 02 329 FU_L WALL TECHNICIAN ELECOOl1C 12/01/2001 COMMUNICATIONS AND SYSTEMS WORK: Installer Technician 21.47 -------------- Rates 22.13 23.93 5.805 Fringes 33 + 4.90 38 + 4,90 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, mu'_ti-media, multiplex, nurse call systems, radio page, school intercom and sound, burglar alarms, fire alarm (see last paragraph below) and low voltage master clock systems in commercial buildings. Communication Systems that transmit or receive information and/or contrcl 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 po~.aer supply; excluding installation of raceway systems, conduit systems, line voltage work, and energy management systems. Does not cover work performed at China Lake Naval Ordnance Test Station. Fire alarm work shall be performed at the current inside wireman total cost package. ---------------------------------------------------------------- ELEC0977B 06/04/2002 Rates Fringes Electrician 28.25 33+10.75 Cable splicer 27.75 3°s+10.75 Electrician, tunnel work 33.37 3°s+10.75 ZONE PAY: Zone A - 80 road miles from Post Office, 955 Orange Show Lane, San Bernardino, will be a free zone for all contractors Zone B - Any work performed outside Zone A's BO road miles, shall add 58.00 per hour to the current wage scale. * ELEC1245A 06/01/2002 Rates Fringes LINE CONSTRUCTION Lineman; Cable splicer 33.16 9.53+7.08 Equipment specialist (operates crawler tractors, commercial motor vehicles, backhoes, trenchers, cranes (50 tons and below), and overhead and WAIS Document Retrieval Page 5 of 21 02 329 underground distribution line equipment) 28. 19 4.5~+6.80 Groundman 21. 56 4.5~+6.80 Powderman 31. 51 4.5°s+6.84 ELEV0018A 09/15/2001 Rates Fringes ELEVATOR MECHANIC 33. 695 7.955 FOOTNOTE: Vacation Pay: 8s with 5 or more years of service, 6~ for 6 mon*_hs to 5 years service. Paid Holidays: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Friday after, and Christmas Day. ENGI0012C 07/01/2002 Rates Fringes POWER EQOIPMENT OPERATORS: GROUP 1 27. 85 11.85 GROUP 2 28. 63 11.85 GROUP 3 28. 92 11.85 GROUP 4 30. 21 11.85 GROUP 5 30. 43 11.85 GROUP 6 30. 59 11.85 GROUP 7 30. 66 11.65 GROUP B 30. 83 11.85 GROUP 9 30. 93 11.85 GROUP 10 30. 96 11.85 GROUP 11 31. 04 11.85 GROUP 12 31. 16 11.85 GROUP 13 31. 33 11.85 GROUP 14 31. 93 11.85 GROUP 15 31. 59 11.85 GROUP 16 31. 66 11.85 GROUP 17 31. 83 11.85 GROUP 18 31. 93 11.85 GROUP 19 32. 09 11.85 GROUP 20 32. 16 11.65 GROUP 21 32. 33 11.85 CRANES, PILEDRIVING & HOISTING EQOI PMENT: GROUP 1 29. 00 11.85 GROUP 2 - 29. 78 11.85 GROUP 3 30. 07 11.85 GROUP 9 30. 21 11.85 GROUP 5 30. 43 11.35 GROUP 6 30. 59 11.85 GROUP 7 30. 66 11.35 GROUP 8 30. 83 11.85 GROUP 9 31. 00 11.85 GROUP 10 32. 00 11.85 GROUP 11 33. 00 11.85 GRCUP 12 39. 00 11.85 GROUP 13 35 .00 11.80 TUNNEL WORK: GROUP 1 30 .28 11.85 GROUP 2 30 .57 11.85 10/07/2002 WAIS Document Retrieval Page 6 of 21 ~ 9 ~ 2~ GROUP 3 30 .71 11. i 85 33CUP 9 30 .93 '_1. 85 ;; P.O UP 5 31 .04 11. 85 GROUP 6 31 .16 11. 85 CROGP 7 31 .96 11. 85 FOOTNOTES: Workers required to suit up and work in a hazardous material environment: 51.00 per hour additional. Combination mixer and compressor operator on gunite work shall be classified as a concrete mobile mixer operator. POWER EQUIPMENT OPERATORS CLASSIFICATIONS GRCUP 1: Bargeman; Brakeman; Compressor operator; Ditch Witch, with seat or similar type equipment; Elevator operator-inside; Engineer Oiler; Forklift operator (includes Toed, lull or similar types under 5 tons; Generator operator; Generator, pump or compressor plant operator; Pump operator; Signalman; Switchman GROUP 2: Asp`tialt-rubber plant operator (nurse tank operator); Concrete mixer operator-skip type; Conveyor operator; Fireman; Forklift operator (includes Toed, lull or similar types over 5 tons; Hydrostatic pump operator; oiler crusher (asphalt or concrete plant); Petromat laydown machine; PJU side dum jack; Screening and conveyor machine oeprator (or similar types); Skiploader (wheel type up to 3/4 yd. without attachment); Tar pot fireman; Temporary heating plant operator; Trenching machine tiler GROUP 3: Asphalt-rubber blend operator; Bobcat or similar type (side steer); Equipment greaser (rack); Ford Ferguson (with dragtype attachments); Helicopter radioman (ground); Stationary pipe wrapping and cleaning machine operator GROOP 9: Asphalt plant fireman; Backhoe operator (mini-max or similar type); Boring machine operator; Boxman or mixerman (asphalt or concrete); Chip spreading machine operator; Concrete cleaning decontamination machine operator; Concrete Pump Operator (small portable); Drilling machine operator, small auger types (Texoma super economatic or similar types - Hughes 100 or 200 or similar types - drilling depth of 30' maximum); Equipment greaser (grease truck); Guard rail post driver operator; Highline cableway signalman; Horizontal Directional Drilling Machine; Hydra-hammer-aero stomper; Micro Tunneling (above ground tunnel); Power concrete curing machine operator; Power concrete saw operator; Power-driven jumbo form setter operator; Power sweeper operator; Roller operator (compacting); Screed operator (asphalt .,. roncrete); Trenching machine operator (up to 6 ft.); Vacuum or mach truck GROUP 5: Articulating material hauler; Asphalt plant engineer; Batch plant operator; Bit sharpener; Concrete joint machine operator (canal and similar type); Concrete planer operator; Dandy digger; Deck engine operator; Derrickman (oilfield type); Drilling machine operator, bucket or auger types (Calweld 100 bucket or similar types - Watson 1000 auger or similar types - Texoma 330, 500 or 600 auger or similar types - drilling depth of 95' maximum); Drilling machine operator (including water wells); Hydrographic seeder machine operator !straw, pulp or seed), Jackson track maintainer, or similar type; Kalamazoo Switch tamper, or similar type; Machine tool operator; WAIS Document Retrieval Nlaginnis internal full slab vibrator, Mechanical berm, curb or gutter(concrete or asphalt); Mechanical finisher operator (concrete, Clary-Johnson-Bidwell or similar); Micro tunnel system (below ground); Pavement breaker operator (truck mounted); Road oil mixing machine operator; Roller operator (asphalt or finish), robber-tired earth moving equipment (single engine, up to and i rcludir,g 25 yds. struck); Self-propelled tar pipelining machine operator; Skiploader operator (crawler and wheel type, over 3/9 yd. ar.d •,:p to and including 1-1/2 yds.); Slip form pump operator (power driven hydraulic lifting device for concrete forms); IYacter operator-bulldozer, tamper-scraper (single engine, up to 100 h.p. flywheel and similar types, up to and including D-5 and similar types); Tugger hoist operator (1 drum); Oltra high pressure waterjet cutting tool system operator; Vacuum blasting machine operator GROUP 6: Asphalt or concrete spreading operator (tamping or finishing); Asphalt paving machine operator (Barber Greene or similar type); Asphalt-rubber distribution operator; 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 (Calweld 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 repairman; Heavy equipment robotics operator; Kalamazoo balliste 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;; Ozzie padder or similar types; P.C. slot saw; Pneumatic concrete placing machine operator (Hackley-Presswell or similar type); Pumpcrete gun operator; Rotary drill operator (excluding caisson type); Rubber-tired earth-moving equipment operator (single engine, caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. up to and including 50 cu. yds. struck); Rubber-tired earth-moving equipment operator (multiple engine up to and including 25 yds. struck); Rubber-tired scraper operator (self-loading paddle wheel type-John Deere, 1090 and similar single unit); Self- propelled curb and gutter machine operator; Shuttle buggy; Skiploader operator (crawler and wheel type over 1-1/2 yds. up tc and including 6-1/2 yds.); Soil remediation plant operator; Surface heaters and planer operator; Tractor compressor drill combination operator; Tractor operator (any type larger than D-5 - 100 flywheel h.p. and over, or similar-bulldozer, tamper, scraper and push tractor single engine); Tractor operator (boom attachments), Traveling pipe wrapping, cleaning and bendng machine operator; Trenching machine operator (over 6 ft. depth capacity, manufacturer's rating); Ultra high pressure waterjet cutting tool system mechanic; Water pull (compaction) opera*_or GROOP 7: Drilling machine operator, Bucket or auger types !Calweld 200 B bucket or similar types-Watson 3000 or 5000 auger or similar types-Texoma 900 auger or similar types-drilling depth of 105' maximum); Dual drum mixer, dynamic compactor LDC350 (or similar types); Monorail locomotive operator Page 7 of 21 02 329 ? W AISdocID=0028 9432009+2+0+... 10/07/2002 WAIS Document Retrieval (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); Pneumatic pipe ramming tool and similar types; Prestressed wrapping machine operator; 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. struck), Tower crane repairman; 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 form operator; Drilling machine operator, bucket or auger types (Calweld, auger 200 CA or similar types - Watson, auger 6000 or similar types - Hughes Super Duty, auger 200 or similar types - drilling depth of 175' maximumj~; Hoe ram or similar with compressor; Mass excavator operator less tha 750 cu. yards; Mechanical finishing machine operator; Mobile form traveler operator; Motor patrol operator (multi-engine); Pipe mobile machine operator; Rubber-tired earth- moving equipment operator (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck); Rubber-tired self- loading scraper operator (paddle-wheel-auger type self-loading - two (2) or more units) GROUP 9: Rubber-tired earth-moving equipment operator operating equipment with push-pull system (single engine, up to and including 25 yds. struck) GROUP 10: Canal liner operator; Canal trimmer operator; Remote- control earth-moving equipment operator (operating a second piece of equipment: $1.00 per hour additional); Wheel excavator operator (over 750 cu. yds.) GROUP 11: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine-up to and including 25 yds. struck) GROUP 12: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, over 50 yds. struck); Rubber-tired earth-moving equipment operator, 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); Tandem 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 Page 8 of 21 02 329 WAIS Document Retrieval to and including 25 yds. struck) GROUP 15: Rotex concrete belt operator (or similar types); 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 2~ 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 ompaction 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); Rubber-tired earth-moving equipment operator, operating in~tandem (scrapers, belly dumps, and similar types in any combination, excluding compaction units - multiple engine, Euc'_id, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 17: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) GROUP 18: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, up to and including 25 yds. struck) GROUP 19: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber-tired earth-moving equipment operator, operating with the tandem push-pull system (multiple engine, up tc 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) GRO[JP 21: Concrete pump operator-truck mounted; Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS SRCUP '_: Engineer oiler; Fork lift operator (includes Toed, lull or similar types) GROUP 2: Truck crane oiler GROUP 3: A-frame or winch truck operator; Ross carrier operator Page 9 of 21 02 329 WAIS Document Retrieval (; obsite) GROUP S: Bridge-type unloader and turntable operator; Helicopter Hoist operator GROUP 5: Hydraulic boom truck; Stinger crane (Austin-Western or similar type); Tugger hoist operator (1 drum) GROUP 6: Bridge crane operator; Cretor crane operator; Hoist operator (Chicago boom and similar type); Lift mobile operator; Lift slab machine operator (Vagtborg and similar types); Material hoist and/or manlift operator; Polar gantry crane operator; Self Climbing scaffold (or similar type); Shovel, backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell op'e'rator (over 5 cu. yds. mrc); Tower crane repair; Tugger hoist operator (3 drum) GROUP 8: Crane operator (up to and including 25 ton capacity); Crawler transporter operator; Derrick barge operator (up to and including 25 ton capacity); Hoist operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity); Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds., M.R.C.) 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; Self erecting tower crane operator maximum lifting capacity ten tons GROUP 10: Crane operator (over 50 tons and up to and including 100 tons mrc); Derrick barge operator (over 50 tons up to and including 100 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to and including 100 tons mrc), Mobile tower crane operator (over 50 tons, up to and including '_00 tons M. R.C.); Tower crane operator and tower gantry CROUP li: Crane operator (over 100 tons and up to and including 200 tons mrc); Derrick barge operator (over 100 tons up to and including 200 tons mrc); Hoist operator, stiff legs, Guy derrick or simi'_ar 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 tons mrc); Derrick barge ir.c lading 300 tons mrc); or similar type (over 20 mrc); Mobile tower crane including 300 tons mrc) (over 200 tons up to and including 300 operator (over 200 tons up to and Hoist operator, stiff legs, Guy derrick J tons, up to and including 300 tons operator (over 200 tons, up to and 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 Page 10 of 21 02 329 WAIS Document Retrieval crane operator (over 300 tons) TUNNEL CLASSIFICATIONS GROUP 1: Skiploader (wheel type up to 3/4 yd. without attachment) GROUF 2: Power-driven jumbo form setter operator GROUP 3: Dinkey locomotive or motorperson (up to and including iG tons) GROUP 9: Bit sharpener; Equipment greaser (grease truck); Slip _.,_m~. comp 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) 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 Repairman GROUP 7: Tunnel mole boring machine operator ---------------------------------------------------------------- ENGI0012D 08/01/2002 Rates Fringes POWER EQUIPMENT OPERATORS: DREDGING: Leverman Dredge dozer Deckmate Winch operator (stern winch on dredge) Fireman; deckhand and bargeman Barge mate 39. 65 11. 85 31. 18 11. 85 31. 07 11. 85 30 .52 11. 85 29. 98 11. 85 30. 59 11. 85 IR0NOOOIR 07/01/2002 IRONWORKERS: Fence erector Ornamental, reinforcing and structural Rates Fringes 25.97 15.29 26.86 15.29 FOOTNOTE: Work at China Lake Naval Test Station, Edwards Air Force Base, Fort Irwin Military Station, Fort Irwin Training Center-Goldstone, 29 Palms-Marine Corps, U.S. Marine Base-Barstow additional $3.00 per hour. cork at Yermo Marine Corps Logistic Center additional $2.00 per flOli r . Page 11 of 21 02 X29 WAIS Document Retrieval LABOOOOIB 07/01/2002 Rates Fringes 6RTCK TENDER 21.10 9.57 LABO0002H 07/01/2002 Rates Fringes LPBORERS GROUP 1 20.10 9.98 GROUP 2 20.65 9.98 GROUP 3 21.20 9.98 GROUP 9 22.75 9.98 GROUP 5 23.10 9.98 TUNNEL LABORERS: GROOP 1 23.01 9.98 GROUP 2 23.33 9.98 GROUP 3 - 23.79 9.98 GROUP 9 29.98 9.98 GCNITE LABORERS: GROUP i 22.89 12.73 GRGUF 2 21.89 12.73 GROUP 3 18.35 12.73 FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a Bosn'n's Chair or suspended from a rcpe or cable skull receive 40 cents per hour above the foregoing applicable classification rates. Workers doing qunite and/or shotcrete work in a tunnel shall receive 35 cents per hour above the foregoing applicable classification rates, paid on a portal-to-portal basis. Any work performed on, in or above any smoke stack, silo, storage elevator or similar type of structure, when such structure is in excess of 75'-0" above base level and which work must be performed in whole or in part more than 75'-0" above base level, that work performed above the 75'-0" level shall be compensated for at 35 cents per hour above the applicable classification wage rate. LABORER CLASSIFICATIONS GROUP 1: Cleaning and handling of panel forms; Concrete screeding for rough strike-off; Concrete, water curing; Demolition laborer, the cleaning of brick if performed by a worker performing any other phase of demolition work, and the cleaning of lumber; Fire watcher, limber, brush loader, piler and debris ha r.d ler; Flag person; Gas, oil and/or water pipeline laborer; Laborer, asphalt-rubber material loader; Laborer, general or construction; Laborer, general clean-up; Laborer, landscaping; Laborer, jetting; Laborer, temporary water and air lines; Material hose operator (walls, slabs, floors and decks); Plugging, filling of shee bolt holes; Dry packing of concrete; Railroad maintenance, repair track person and road beds; Streetcar and railroad construction track laborers; Rigging and signaling; Scaler; Slip form raiser; Tar and mortar; Tool crib or tool house laborer; Traffic control by any method; Window cleaner; Wire mesh pulling - all concrete pouring operations Page 12 of 21 02 329 WAIS Document Retrieval Page 13 of 21 02 329 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 chute from readymix trucks, such as walls, slabs, decks, floors, foundation, footings, curbs, gutters and sidewalks; Concrete curer, impervious membrane and form oiler; Cutting torch operator (demolition); Fine grader, highways and street paving, airport, runways and similar type heavy construction; Gas, oil and/or ~.aater pipeline wrapper - pot tender and form person; Guinea chaser; Headerboard person - asphalt; Laborer, packing rod steel and pans; Membrane vapcr barrier installer; Power broom sweeper (.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 shredder; Underground laborer, including caisson bellower GROUP 3: Buggymobile person; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or longer; Dri-pak-it machine; Gas, oil and/or water pipeline wrapper, 6-in. pipe and over, by any method, inside and out; High scaler (including drilling of same); Hydro seeder and similar type; Impact wrench multi-plate; Kettle person, pot person and workers applying asphalt, lay-kold, creosote, lime caustic and similar type materials ("applying" means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing); Operator of pneumatic, gas, electric tools, vibrating machine, pavement breaker, air blasting, come-alongs, and similar mechanical tools not separately classified herein; Pipelayer's backup person, coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing ar,d any and all other services; Rock Slinger; Rotary scarifier or multiple head concrete chipping scarifier; Steel headerboard and guideline setter; Tamper, Barko, Wacker and similar type; Trenching machine, hand-propelled GROUP 9: Asphalt raker, lute person, ironer, asphalt dump person, 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; Laborer, asphalt- rubber distributor boot person; Laser beam in connection with laborers' work; Oversize concrete vibrator operator, 70 lbs. and over; Pipelayer performing all services in the laying and installation of pipe from the point of receiving pipe in the ditch until completion of operation, including any and all forms of tubular material, whether pipe, metallic or non-metallic, conduit and any other stationary type of tubular device used for the conveying of any substance or element, whether water, sewage, solid gas, air, or other product whatsoever and without regard to the nature of material from which the tubular material is fabricated; No-joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster (nozzle person), water blasting, Porta Shot-Blast GROUF 5: Blaster powder, all work of loading holes, placing and WAIS Document Retrieval blasting of all powder and explosives of whatever type, regardless of method used for such loading and placing; Driller: All power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all other types of .mechanical drills without regard to the form of motive power; Toxic waste removal TUNNEL LABORER CLASSIFICATIONS GROUP 1: Batch plant laborer; Bull gang mucker, track person; Changehouse person; Concrete crew, including rodder and spreader; Dump person; Dump person (outside); Swamper (brake person and switch person on tunnel work); Tunnel materials handling person GROUP 2: Chucktender, cabletender; Loading and unloading agitator cars; Nipper; Pot tender, using mastic or other materials (for example, but not by way of limitation, shotcrete, etc.); Vibrator person, jack hammer, pneumatic tools (except driller) GROUP 3: Blaster, driller, powder person; Chemical grout jet person; Cherry picker person; Grout gun person; Grout mixer person; Grout pump person; Jackleg miner; Jumbo person; Kemper and other pneumatic concrete placer operator; Miner, tunnel (hand or machine); Nozzle person; Operating of troweling and/or grouting machines; Powder person (primer house); Primer person; Sandblaster; shotcrete person; Steel form raiser and setter; Timber person, retimber person, wood or steel; Tunnel Concrete finisher GROUP 9: Diamond driller; Sandblaster; Shaft and raise work GUNITE LABORER CLASSIFICATIONS GROUP 1: Nozzle person and rod person GROUP 2: Gun person GROUP 3: Rebound person ------------------------------------------------------------ LABO0783D 08/07/2002 Rates Fringes Fort Irwin, George Air Force Base, Marine Corps Air Station 29 Palms, Marine Corps Logistics Supply Base: PLASTERER TENDER 26.00 10.17 PLASTER CLEANUP LABORER 23.95 10.17 Remainder of San Bernardino County: PLASTERER TENDER 23. 00 10. 17 PLASTER CLEANUP LABORER 20. 95 10. 17 LA300882B 01/01/2002 Rates Fringes ASBESTOS REMOVAL LABORER 20.97 7.65 SCOPE OF WORK: Includes site mobilization, initial site cleanup, site preparation, removal of asbestos-containing material and toxic waste, encapsulation, enclosure and disposal of asbestos- containing materials and toxic waste by hand or with equipment Page 14 of 21 02 3~9 WAIS Document Retrieval or machinery; scaffolding, fabrication of temporary wooden barriers and assembly of decontamination stations. ---------------------------------------------------------------- LA8O1189A 07/O1/20C2 Rates Fringes LABORERS - STRi PING: GROUP 1 20.65 8.92 GROOP 2 21.50 8.92 GR.OOP 3 23.82 8.92 GROUP 4 26.02 8.42 LABORERS - STRIPING CLASSIFICATIONS GROUP 1: Protective coating, pavement sealing, including repair and filling of cracks by any method on any surface in parking lots, game courts and playgrounds; carstops; operation of all related machinery and equipment; equipment repair technician GROUP 2: Traffic surface abrasive blaster; pot tender - removal of all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc.) and preparation of surface for coatings. Traffic control person: controlling and directing traffic through both conventional and moving lane closures; operation of all related machinery and equipment GROUP 3: Traffic delineating device applicator: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating devices including traffic control. This category includes all traffic related surface preparation (sandblasting, waterblasting, grinding) as part of the application process. Traffic protective delineating system installer: removes, relocates, installs, permanently affixed roadside and parking delineation barricades, fencing, cable anchor, guard rail, reference signs, monument :markers; operation of all related machinery and equipment; power broom sweeper GROUP 9: Striper: layout and application of traffic stripes and markings; hot thermo plastic; tape traffic stripes and markings, including traffic control; operation of all related machinery and equipment PAIN0036A 07/01/2002 Rates Fringes Work on service stations and and car washes; Sma11 new commercial work (defined as construction up to and including 3 stories in height, such as small shopping centers, small stores, small office buildings and small food establishments); Sma11 new industrial work (defined as light metal buildings, small warehouses, Page 15 of 21 02 ;29 WAIS Document Retrieval Page 16 of 21 02 329 small storage facilities and tilt-uo buildings); Repaint work (defined as repaint of breweries, commercial recrzational facilities, hotels which operate commercial establishments as part of hotel service, and sports facilities); Tenant improvement work (defined as tenant improvement work not included in conjunction with the construction of the building, and all repainting of tenant improvement projects PAINTER (including lead abatement) 21.75 5.89 All other work FAINTER 25.02 5.89 PAIN0036H 10/01/2001 Rates Fringes DRYWALL FINISHERS ------------------------------------ 25.33 ----------------- 7.93 ----------- r^AIN0036R 06/01/2002 Rates Fringes GLAZIERS 29.20 8.45 FOOTNOTE: Additional $1.25 per hour for work in a condo, from the third (3rd) floor and up Additional $1.25 per hour for work on the outside of the building from a swing state or any suspended contrivance, from the ground up ------------------------------------ ---------------- ------------ PAIN1297B 03/01/2002 Rates Fringes SOFT FLOOR LAYER 25.95 6.25 FLA50200H 08/07/2002 Rates Fringes FORT IRWIN; GEORGE AIR FORCE BASE; MAARINE CORPS AIR STATION 29 PALM,; AND MARINE CORPS LOGISTICS SCPPLY BASE: PLASTERERS 29.77 6.76 REMP.I NDER OF COUNTY: PLASTERERS ------------------------------------ 26.77 ---------------- 6.76 ------------ PLASOSOOB 07/01/2002 Rates Fringes CEMENT MASON 23.05 11.56 ---------------------------------------------------------------- httn://frwebgate l .access..eno. Qov/cQi-bin/waisQate.c~i? WAISdocID=00289432009+2+0+... 10/07/2002 WAIS Document Retrieval PLUM0016B 07/01/2002 Rates Fringes PLUMBER; STEAMFITTER: Work on strip malls, light commercial, tenant improvement and remodel work 23.03 8.24 Work on new additions and remodeling of bars, restaurants, stores and commercial buildings, not to exceed 5,000 sq. ft. of floor space 28.92 9.49 All other work: Fort Irwin Army Base, Marine Corps Logistic Base at Nebo, Marine Corps Logistic Base at Yermo and "'T'wenty-Nine Palms Marine Base 33. 31 10.01 George Air Force Base 32. 06 10.01 Remainder of County 29. 81 10.01 SEWER AND STORM DRAIN WORK ----------------------------------- 20. ------ 25 ------- 9.75 ---------------- PLUM0345A 07/01/2002 Rates Fringes LANDSCAPE & IRRIGATION FITTER 23. 27 9.56 ROOF0036B 09/01/2001 Rates Fringes ROOFER 24.77 5.90 Duties limited to the fo'_lowing: Roof removal cf any type of roofing or roofing material; or spudding, or sweeping; and/or clean-up; and/or preload in, or in preparing the roof for application of roofing, damp and/or waterproofing materials PREPARER 16.29 1.00 FOOTNOTE: Pitch premium pitch fumes or required impregnated products, o *_he entire roofing crew premium" pay. SFCA0669I 09/01/1999 Work on which employees are exposed to to handle pitch, pitch base or pitch any material containing coal tar pitch, shall receive 51.75 per hour "pitch Rates Fringes DCES NOT INCLUDE T. HE NORTHERN PART OF THE CITY OF CHINO, OR THE CITIES OF MONTCLAIR OR ONTARIO: SPRINKLER FITTER (FIRE) 23.00 6.90 Page 17 of 21 02 329 http://frwebQate l .access. gpo.>;ov/cQi-bin/waisQate.cgi? WAISdocID=00289432009+2+0+... 10/07/2002 WAIS Document Retrieval Se AC-i09D 09/01/2002 Rates Fringes THE NORTHERN PART OF THE CITY OF CHINO, AND THE CITIES OF MONTCLAIR AND ONTARIO: SPRINKLER FITTER (FIRE) 36.18 11.50 SHEE0102G 07/01/2002 Rates Fringes IN D`uSTRIAL Work on all air pollution control systems, noise abatement panels, blow pipe, air-veyor systems, dust collecting, baghouses, heating, air conditioning, and ventilating~'t~other than creature comfort) and all other industrial work, including metal insulated ceilings SHEETMETAL WORKER 26.07 15.00 - SHEEOIG2H 08/01/2002 COMMERCIAL: Work on all commercial HVAC for creature comfort and computer Rates Fringes clean rooms, architectural metals, metal roofing and lagging, over insulation SHEET METAL WORKER 28.79 11.97 TEAM0011I 07/01/2002 Rates Fringes EDWARDS AFB, FORT IRWIN, GEORGE AFB, MARINE CORPS LOGISTIC BASE AT NEBO & YERMO, TWENTY-NINE PALMS BASE TRUCK DRIVERS: GROUP 1 24.84 12.89 GROUP 2 ~ 24.99 12.89 GROUP 3 25.12 12.84 GROUP 4 25.31 12.64 CROUP 5 25.25 12.84 GROUP 6 25.37 12.69 GROUP 7 25.62 12.89 GROUP 8 25.87 12.84 GROUP 9 26.02 12.84 GROUP 10 26.37 12.89 GROUP 11 26.87 12.89 REMAINDER OF COUNTY: GROUP 1 21.84 12.64 GROUP 2 21.99 12.84 GROUP 3 22.12 12.84 GROUP 9 22.31 12.84 Page 18 of 21 02 329 httn://frwebeate 1.access.eno.eov/cgi-bin/waisgate.cgi? WAISdocID=00289432009+2+0+... 10/07/2002 WAIS Document Retrieval GROUP 5 22. 25 12.89 GROUP 6 22. 37 12.84 GROUP 7 22. 62 12.89 GROUP B 22. 87 12.89 GROUP 9 23. 02 12.89 GROUP 10 23. 37 12.89 GROUP 11 23. 87 12.89 TRUCK DRIVER CLASSIFICATIONS GROUP 1: Truck driver GROUP 2: Driver of vehicle or combination of vehicles - 2 axles; Traffic control pilot car excluding moving heavy equipment permit load; Truck-mounted broom GROUP 3: Driver of vehicle or combination of vehicles - 3 axies; Boot person; Cement mason distribution truck; Fuel truck driver; Water truck - 2 axle; Dump truck, less than 16 yds. water level; Erosion control driver GROUP 4: Driver of transit mix truck, under 3 yds.; Dumpcrete truck, less than 6-1/2 yds. water level GROUP 5: Water truck, 3 or more axles; Truck greaser and tire person (50.50 additional for tire person); Pipeline and utility working truck driver, including winch truck and plastic fusion, limited to pipeline and utility work; Slurry truck driver GROUP 6: Transit mix truck, 3 yds. or more; Dumpcrete truck, 6-L 2 yds. water level and over; Vehicle or combination of vahicles - 9 or more axle; Oil spreader truck; Dump truck, 16 yds. to 25 yds. water level GROUP 7: A Frame, Swedish crane or similar; Forklift driver; Ross carrier driver GROUP B: Dump truck, 25 yds. or more water level; Truck repair person; Water pull - single engine; Welder GROUP 9: Truck repair person/welder; Low bed driver, 9 axles or over GROUP 10: Dump truck - 50 yds. or more water level; Water pull - single engine with attachment GROUP i1: Water pull - twin engine; Water pull - twin engine with attachments; Winch truck driver - 51.25 additional when operating winch or similar special attachments ---------------------------------------------------------------- WELCERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a)(1)(ii)). In the listing above, the "SU" designation means that rates Page 19 of 21 02 329 htto://frweb Bate l . access. eno. ¢ov/cQi-bin/waisgate.cgi? WAISdocID=00289432009+2+0+... 10/07/2002 WAIS Document Retrieval listed under that identifier do no*_ reflect collectively bargained wage and fringe benefit rates. Other designations indicate cnicns whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries~of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 2.) If the answer to the question in l.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. ?.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 Page 20 of 21 02 329 WAIS Document Retrieval 9.) All decisions by the Administrative Review Board are final. END OE GENERAL DECISION Page 21 of 21 02 329 http://frwebgate l .access.gpo.gov/cgi-bin/waisgate.cgi? WAISdocID=00289432009+2+0+... 10/07/2002 02 329 02 329 FEDERAL REQUIREMENTS FOR FEDERAL-AID CONSTRUCTION PROJECTS GENERAL.-The work herein proposed will be financed in whole or in part with Federal funds, and therefore all of the statutes, rules and regulations promulgated by the Federal Gov- ernment and applicable to work financed in whole or in part with Federal funds will apply to such work. The "Requued Contract Provisions, Federal-Aid Construction Contracts, "Form FHWA 1273, are included in this Section 14. Whenever in said required contract provisions references are made to "SHA contracting offiur," "SHA resident engineer," or "authorized representative of the SHA.' such references shall be construed to mean "Engineer" as deLned in Section I-I.IS of the Standard Specifications. PERFORMANCE OF PREVIOUS CONTRACT.-In ad- dition [o the provisions in Section II, "Nondiscrimination," end Section VII, "Subletting or Assigning the Contrac;" of the re- quired contract provisions, the Contractor shall comply with the following: (This form need not be tilled in if ell joint venture firms are minority owned.) I. Name of joint venture 2. Address oCjoint venture 3. Phone number oCjoint venture 4. Identify the f rms which comprise the joint venture. (The The bidder shall execute the CERTIFICATION WITH RE- GARD 70 THE PERFORMANCE OF PREVIOUS CON- TRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS located in the proposal. No request for subletting or assigning any portion of the contract in ex- cess of 510,000 will be considered under the provisions oC Section VII of the required contract provisions unless such request is accompanied by the CERTIFICATION referred to above, executed by the proposed subcontractor. NON-COLLUSION PROVISION.-The provisions in this section ate applicable to all contracts except contracts for Federal Aid Secondary projects. Title 23, United Slates Codc, Section 112, requires as a condition precedent to approval by the Federal Highway Administrator of the contract for this work tlmt each bidder tilt a swom statement exec utcd by, or on behalf of, the person, firm, association, or corporation to whom such contrsct is to be awarded, certifying that such person, 6nn, association, or corporation has not, either directly or indirectly, entered into any agreemen; participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the submitted bid. A Corm to make the non- collusion affidavit statement required by Section 112 es a certification under penalty oC perjury rather than es a swom statement as permitted by 28, USC, Sec. 1746, is included in the proposal. PARTICIPATION BY MINORITY BUSINESS EN- TERPRISES IN SUBCONTRACTING.-Part 23, Title 49, Code of Federal Regulations applies to this Federal-aid project. Pertinent sections of said Code are incorporated in part or in its entirety within otltcr sections of these special provisions. Schedule B-Inforntalion for Deterntitting Joint Venture Eli- gibility MBE partner must complete Schedule A.) a. Describe the role oC the MBE f rm in the joint venture. b. Describe very briefly the experience and business qualifications of each non-MBE joint venturer: 5. Nature of ibe joint venture's business 6. Provide a copy of the joint venture agreement. 7. What is the claimed percentage of MBE ownership? _ 8. Ownership oCjoint venture: (This need not be Blled in if described in the joint venture agreemen; provided by question 6.). Reriud }95 OS-07.95 FR-1 02 329 a. Profit and loss sharing. b. Capital contributions, including equipment c. Other applicable ownership interests. .................................................................................................................... Name oCFimr Name of Fimr 9. Control of and participation in this contract. Identify by name, race, sex, and "firm' those individuals (and their titles) who ere responsible far day-to-day management and policy decision malting, including, but not limited to, those with prime responsibility Cor: a. Financial decisions b. Management decisions, such as: 1. Estimating 2. Marketing and salts 3. Hiring and [ring of management personnel _ 4. Purchasing of major items or supplies c. Supervision of field operations Note.-If, a0cr fling this Schedule B and before [he completion oC the joint venture's work an the contmct covered by this regulation, there is any significant clrangc in the information submitted, llte joint venture nsus[ inform the grantee, either directly or through the prime contractor if the torn[ venture is a subcontractor. Affidavit "The undersigned swear that the foregoing statements are correct and include all material information necessary to identify and explain the terms and operation of our rotor venture and the intended partieipatian by each joint venturer in the undertaking. Furthar, the understgned covenant and agree to provide to grantee current; complete and accurate information regarding actual joint venture work and the payment therefor and any proposed changes in any of the joint vcnmre artangemen[s and to permit Itw audit end examination of the books, records and Gles of the joint veoture, or those of each joint venturer relevant to the joint venture, by authorized rcprescntatives oC the grantee or the Federal funding agency. Any material misrepresmrtation will be grounds for tennrnating any contract which may be awarded and Cor initiating action under Federal ar State laws concerning false satements." Aeviud t-95 08-07-95 Signature Signature Name Date State oC County o[ Title Title Date Date On this _ day of , 19 -, before me appeared (Name) -__ to me persorully known, who, being duly sworn, did execute the (oregoing af<davit, and did state that he or she was properly authorized by (Name of fimr) _____ m czecute the affidavit end did so as his or her free act and deed. Notary Public __ Commission expires [Seal] Date State of County oC ________ On this _ day oC , 19 -, before me appeared (Name) - _- to me peraosally known, who, being duly sworn, did execute the foregoing e[(idavit, and did state that he or she was properly authorized by (Name oC fmn) __-__-__-- b execute the affidavit and did so as his or her Gee tit and deed. Notary Public ___________-___ Commission expires _ [Seal] FR-2 02 329 REQUIItED CONTRACT PROVISIONS FEDERAL-AID COfVSTRUCTION CONTRACTS (Exclusive of Appalachian Contracts) Page I. Grnerdl ................................................................................ 3 li. Nondiscrimination .......................................................... 3 III. Nonsegregated Facilities ............................................... 5 IV. Payment of Prcdetcmtined Minintutn Wage .............. 6 V. Statements and Payrolls ................................................. 8 Vl. Rewrd of Materials, Supplies, and Labor ................. 9 VII. Subletting or Assigning the Contract ....................... 9 VIII. Safety: Accident Prcvetttion ........................................ l0 IX. False Statements Concerning Highway Project....... 10 X. Implementation oCClean Air Act and Federal Water Pollution Control Acr .................................................... I O XI. CertiCmetion Regarding Debarment, Suspension, Ineligibility, and Volunmry Exclusion .................... I 1 XII. Certification Regarding Use of Contract Funds for Lobbying ........................................................................... l 2 ATTACHMENTS Disputes within fife meaning of this clause include disputes between the contractor (or an}~ of its subcontractors) and the contracting agency, the DOL, or the contractor's employees or their representatives. 6. Selection of Labor: During fife performance of Ibis contract, the contractor shall not a. discriminate against labor from any other State, posses- sion, or territory of the United States (except for employment preference for Appalachian contracts, when applicable, u specified in Attachment A), or b. employ convict labor for any purpose within the limits of the project unless it is labor performed by convicts who arc on parole, supervised release, or probation. It. NONDISCRIMINATION (Applicable to all Federal•aid construction contracts snd to all related subcontracts oCSlQ000 or more.) A. Employment PmCerettce for Appalachian Contracts (included in Appalachian contracts only) GENERAL 1. These contract provisions shall apply to all work per- formed on the contract by the contractor's own organization end with the assistance of workers under the contractor's im- mediate superintendence and to all work perforated on the con- tract by piecework station work, or by subcantmct. 2. Except as otherwise provided for in each section, fife con- tractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and further require their inclusion in any lower tier subcontract or purchase order that may in tum be made. The Required Contract Provisions shall not be incorporated by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. 3. A breach of any of the stipulations contained in these Re- quired Contract Provisions shall be sutTicicnt grounds for termination of the contract. 4. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5.12: Section I, paragraph 2; Section 1 V, paragraphs 1, 2, 3, 4, and 7; Section V, paragraphs 1 and 2a through 2g. 5. Disputes arising out of fife labor standards provisions of Section IV (except paragraph 5) and Section V o(tltese Required Contract Provisions shall not be subject to the general disputes clause oC this contract. Such disputes shall be resolved in accordance with the procedures of fife U.S. De- partment of Labor (DOL) as set forth in 29 CFR 5, 6, and 7. 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate snd to take atlinnativc action to assure equal opportunity es set forth under laws, executive orders, rules, regulations (28 CFR 33, 29 CFR 1630, and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herei4 snd im- posed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards Cor the contracmr'a project activities under this contract. The Equal Opportuaity Construction Contract Specifications set forth ender 41 CFR 60-4.3 and [he provisions of the American Dissbilities Act of 1990 (42 U.S.C. 12101 et uq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by « ference in this eontrut. in the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the State highway agency (SHA) and the Federal Government in carrymg out EEO obligations and in their review of his/her activities under [he contract. b. The contractor will accept as his operating policy the following statement: "1! is the policy of this Company to assure Ihat appGeanb are employed, and drat employees are treated during employ- nrent, without regard to their race, religion, sex, eofor, no- tio»a! arigirr, age or disability. Such action shall fnefudt: employment, upgrading, demotion, or tronsjer; recrultmsnt or recruinueru advenisiag; layoff or termination; rates ojpay or other johns ajcomperrsatian: and selection jot training, In- cluding apprenticeship, preapprenticeship, ender on-Iht fob (raining.' 2. F.EO Officer: The contractor will designate and make known to the SHA contracting officers an EEO Officer who will have fife responsibility for attd must be capable of effectively Form 11)3 - Retied 193 0407.95 FR-3 02 329 administering and promoting an active contractor program oC EEO end who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the conlrac [or's staff who a« authorized to hire, supervise, promote, and discharge employees, or who «contmend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy end contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that [he above agreement will be met, the following actions will be taken as a minimum: e. Periodic meetings of supervisory and personnel o(<ce employees will be conducted before the start oC work and then not less often than once every six months, at which time the contractor's EEO policy end its implementation will be reviewed end explained. The meetings will be conducted by the EEO Offcer. c. The contractor will encourage his present employees W refer minority group applicants Cor employment. Information and procedural with regard to re[erring minoriy group applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benelits shall be established and administered, and pc rsonnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, «ligion, seen, national origin, age or disability. The Collowi rag procedures shall be followed: a. The contractor will conduct periodic inspections of pro- ject sites to ensure that working conditions and employee fi• cilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the sprud oC wages paid within each classification to determine any evi• dente of discriminatory wage pmetices. b. All new supervisory or personnel o(tice employees will be given a thorough indoctrination by the EEO Offcer, covering all major aspects of the contractor's EEO obliga- tions within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruihnent for the project will be instructed by the EEO Officer in the con- tractor's procedures for locating and hiring minority group employccs. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employ- ccs, applicants for employment and potential employccs. e. The contractor's EEO policy and the procedures to im- plement such policy will be brought to the attention of em- ployees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employccs, the contractor will include in all advertiumen[s for employees the notation: "An Equal Opportunity Employer." All such adver- tisements will be placed in publications having a large circula- tion among minority groups in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargain- ing agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants. To mast this re• qm cement, the contractor will ideitti Cy sources oC potential minority group employees, and establish with such identified sources procedures whereby minority group applicants nlay be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with EEO contract provisions. (The DOL has held [hat where implementation of such agreements have the effect of discriminating against minorities or women, ar obligates the contractor to do the same, such implementation violates Ex- ecutive Order 11246, as emended.) e. The contractor will periodically review selected persoo- ncl actions in depth to determine whe[ber there is evidence oC discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that Ute discrimination may extend beyond the action reviewed, such corrective action shall include all affected permns. d. The contractor will promptly investigate ail compaints of alleged discrimination made to the contractor in coaaee- tion with his obligations under this contract, will attempt to resolve such complaints, and will take appropriam corrativa action within a reasonable time. If the investigation iodi- cates that the discrimination may elTect persons other than the complainant, such corrective action shell include such other persons. Upon completion of each investigation, the contractor will inform every complainant of ell of his avenues ofappcal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills oC minority group and women employ- ees, and applicants for employment. b. Consistent with the contractor's work Come require menu and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.a., apprmuiceship, and on-the-job training programs Cor the ge- ographical area of contract performance. Where feuible, 25 percent of apprentices or trainees in each occupation shall ba m their first year of apprenticeship or training. In the event a special provision for training is provided under this contract" [his subparagraph will be superseded as indicated in the ape- cial provision. c. The contraztor will advise employees and applicants foe employment oC available training programs and entrance re- quirements for each. d. The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for ouch training and promotion. Form Iz7J - 0.eviud 3-95 0BA7-95 FR-4 02 329 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use his/her best efforts to obtain the cooperation of such rations to increase opportunities for minority groups end women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a can[ractoi s association acting as agent will include the procedures set forth below: a. The contractor will use best ellorts to develop, in coop• eretion with the unions, joint training pmgrems aimed toward qualifying more minority group members and women for membership in the unions and increasing tltc skills of minority group employees and women so that they ntay qualify for higher paying employment. b. The contractor will use best eCCorts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants with- out regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the ex- tent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such irtfomtation. d. In the event the union is unable [o provide the contrao- for with a reasonable Bow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruit- ment ellorts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain quali^cd and/ar qualifiable mi- nority group persons and women. (The DOL has held that it shall be no excuse that the union with which the contractor has a collcetive bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify tlts SHA. 8. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention oC subcontractors, including procurement of materials and leases of equipment. a. The contractor shall notify all potential subcontractors and suppliers of his/her EEO obligations under this contract. b. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have equal opportunity to compete for end perform subcontracts which the contractor enters into pursuant to Btis contract The contractor will use his best e B~orts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and Ce male representation among their employees. Contractors shall obtain lists of DBE construction (inns from SHA personnel. c. The contractor will use his best efforts to ensure subcon- tractor compliance with [heir EEO obligations. 9. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable times end places for inspection by au- thorized « presentatives of the SHA end the FH WA. a. The records kept b}~ the contractor shall document the following: (I)The mm~ber of minority and non-minority group members and women employed in each work classification on the project; (2) The progress and eCCorts being made in cooperetion with rations, when applicable, to increase employment op- portunities for minonues and women; (3) Tltc progress and efforts being made in locating, hir- ing, training, qualifying, end upgrading minority and fe- male employees; and (4) The progress and efforts being made in securing the services of DBE subcontractors or subcontrectors with meaningful ntinarity and female representation among their employees. b. The contractors will submit an annual report to the SHA each July for the duration of the project, indicating the num- ber of minority, women, and non-minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. 11 on-the-job training is being required by special provision, the contractor will be required to collect end report training data. III NONSEGREGATED FACILITIES (Applicable to all Federal-aid construction contracts and to all related subcontracts of 510,000 or more) a. By submission of this bid, the execution of this contract or subcontract, or the consummation oC this material supppply agreement or purchase order, as appropriate, tla bidder, Federal-aid construction comractor, subcontractor, materiel supplier, or vendor, as appropriate, certifies that the firm does not maintain or provide for its mnployees any segregated facilities at any of its establishments, and that the firm does not permit its employees [o pcrfonn their services at my location, under its control, where segregated facilities are maintained. The firnt agrees that a breach oCthis certification is a violation of the EEO provisions of this contract. The firm further certifies that no employes will be denied aeeesa to adequate (acilities on the basis of sex or disability. b. As used in this ecrtification, the term "segregated fa~ili- ties" ntcans any waiting rooms, work areas, res[moma sad washrooms, restaurants and other eating areas, time clocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment area; transportation, and housing facilities provided fot employees which arc segregated by explicit directive, ocarc, in fu4 se8- regated on the basis oC race, color, religion, national origin, age or disability, because of habit, local custom, or otherwise. The only exception will be for the disabled when the demands for accessibility override (e.g. disabled parking). Form 1271- Ravirsd }93 W-07.93 FR-5 c. The contractor agrees that it has obtained or will obtain identical certif cation Crom proposed subcontractors or mate- rial suppliers prior to award of subcontracts or consumittation of material supply agreements of S 10,000 or more and that it will remin such cacti Citations in its f Ies. IV. PAY\tEYT OF PREDETER\ILr ED MINI\IL'\( WAGE (Applicable to all Federal-aid construction contracts exceed- ing 52,000 and to all rclatcd subcontracts, except for projects located on roadways classified as local roads or rural minor col- lectors, which ere exempt.) 1. General: a. All mechanics and laborers employed or working upon the site oCthe work will be paid unconditionally and not less oRen than once a week and without subsequent deduction or rebate on any account [except such payroll deductions as are permitted by regulations (29 CFR 3)] issued by the Secretary oC Labor under the Copeland Act (40 U.S.C. 276e) the Cull amounts of wages and bona fide Cringe benefits (or cash equivalents thereof) due at time o(payntent. The payment shall be computed at wage rates not less than thou contained in the wage determination of the Secretary of Labor (hereinafter "the wage determination") which is attached hereto and made a part hereof, regardless of any cotttmctual re- lationship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics. The wage determination (including any additional classi tcations and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH- 1321) or Form FHWA-1495) shall be posted at all 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. For the purpose of this Section, contributions ntadc or costs reasonably anticipated (or bona fide Gringo benefits under Section 1(bx2) of the Davis-Bacon Act (40 U.S.C. 276a) on behalf oC laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section IV, paragraph 36, hereof Also, for the purpose o[ this Section, «gular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without «gard to skill, except as provided in paragraphs 4 and 5 of this Section IV. b. Laborers or mechanics perforating work in more than one classification may be compensated at the rate speci tied for each classification for the time actually worked therein, provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. c. All rulings and intcrprctations of the Davis•Bacon Act end rclatcd acts contained in 29 CFR I, 3, and 5 arc herein incorporated by reference in this contract. Fom~ 12'l -Rev iced 3-95 OB-Or-95 02 329 2. Classification: a. The SHA contmeting officer shall require that any class oC laborers or mechanics employed under the contact. which is not listed in the wage determination, shall be classified in conformance with the wage date ruination. b. The contracting otTicer shall appmve an additional classification, wage rote end fringe bnufits only when the Colloaing criteria have been met: (1) tltc work to be performed by the additional elasiifi• cation requested is not performed by a classitieation io the wage determination; (2) the additional classification is utilized in the era by the construction industry; (3) the proposed wage rate, including any bona tide fringe benefits, bears a reasonable relmionship to the wye rates contained in the wage dctcrmination; and (4) with respect to helpers, when such a elassifutioo prevails in the area in which the work is performed. c. IC the contractor or subcontractors, es appropriate, the laborers and mechanics (iC known) to be employed is tba additional classification or their representatives, and the eoa- tracting officer agree on the classification and wage rate (including tltc amount designated Cor fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the DOL, Administrator of the Wage and Hour Division. Employment Standards Admioistntioq Washington, D.C. 20210. The Wage and Hour Administrator, or an authoriud «pre sentative, will approve, modify, or disapprove every additional classification aetioo within 30 days of receipt aitd so advise the contractiog otLeer or will notify the contmeting otTicer within the 30-drq period that additional time is necessary. d. In the event the contractor or subcontraeton, as appro- priate, the laborers or mechanics to be employed io the addi- uonal classification or their representatives, and the con- tracting officer do not agree on the proposed elassitieatioa and wage rate (including the etnount designated for Erin{{e benefits, where appropriate), the contracting o[ficershall refer the questions, including the views of all interested parties and the «commendation of the contracting otLcer, to the Wage and Hour Administrator for determination. Said Administrator, or an authorized representative, will issue a dctcrmination within 30 days of receipt end so advise the contracting olHcer or will notify the contracting officer within the 30-day period that additional time is necessary e. The wage cart (including Cringe benefits where appropri- ate) determined pursumtt to paragraph 2c or 2d of this Saetioa I V shall be paid to all workers pcrfonning work in the addi- tional classification Crom the first day on which work is per- formed in the classification. 3. Payment of Fringe Bcncfi ts: a. Whenever the minimum wage rate prescribed in the con- tract for a class oC laborers or mechanics includes t Cringe benefit which is not expressed as an hourly rate, the eoattae- tor or subcontractors, as appropriate, shall either pay the benefit FR-G 02 329 es stated in the wage determination or shall pay another bona fide fringe bene(il or an hourly test equivalent thereof. b. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, he/she may consider as a par[ of the wages oCany laborer or mechanic the amount of any costs reasonably entimpa[ed in providing bona fide Cringe beneCrts under a plan or program, provided, that the Secretary of Labor has found upon rite written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor ntay require the contractor to set aside in a separate account assets for the meeting oC obligations under the plan or program. 4. Apprentices and Trainees (Programs of the l;.S. DOL) and Helpers: a. Apprentices: (1) Apprentices will be permitted to work a[ less than the predetermined rate for the work they performed when they ere employed pursuant to attd irtdivtdually registered in a bons tide apprenticeship program registered with the DOL, Employment and Training Administration, Bureau oC Apprenticeship and Training, or with a Slate apprentice- ship agency recognized by the Bureau, or if a person is em- ployed in his/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 oC Apprenticeship and Training or a State apprenticeship agency (where appropri- ate) to be eligible Cor probationary employment as an ap- prentice. (2) The allowable ratio ofapprentices to journeyman- level entployces on life job site rn any craft classification shell not be greater than the ratio pennittcd to the cmnmc- tor as to the entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate listed in the wage dctennination for the classification of work actually performed. In addition, arty apprentice per- Corming work on the job site in excess of the ratio pennnted under the registered program shall be paid not less than the applicable wage raft on the wage determination for the work actually perConncd. Where a contractor or subcontractor is performing construction oit a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman-level hourly rate) specified in the contractor's or subcontractor s registered program shall be observed. (3) Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's Icvel of progress, expressed as a percentage of [he jour- neyman-level hourly rate specified in the applicable wage determination. Apprentices shall be paid Cnnge benefits in accordance with the provisions of the apprenticeship pro- gram. If [he apprenticeship program dots not specify Cnnge beneLts, apprentices must be paid the Cull amount of fringe benefits listed on the wage dctcrmination Cor the applicable classification. lCthe Administrator for the Wage and Hour Division detemtines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. (q) In the event the Bureau of Apprenticeship and Train- ing, or a State apprenticeship agency recognized by the Bureau, withdraws approval of an apprenticeship program, rite contractor or subcontractor will no longer be permitted to utilize apprentices at less than the applicable predeter- mined raft for the comparable work performed by regular employees until an acceptable program is approved. b. Trainees: (1) Except as provided in 29 CFR S.Iti, trainees will act be perntined to work at less titan the predetermined mte for the wort performed unless they are employed punwnt to and individually registered in a program which has received prior approval, evidenced by formal certification by rift DOL, Employment and Training Administration. (2) The ratio of trainees to journeyman-level employees on the job site shall not be greater than permitted under the plan approved by the Employment and Training Adminis- tration. Any employee Irsted on the payroll at a trainee rate who is not registered and participating in a training plan approved by rite Employment and Training Adminis• tration shall be paid not less than rite applicable wage rate on the wage determination [or the classification of workae- tually pcrtonncd. In addition, any trainee performing work on the job site itt excess of the ratio permuted under the registered program shall be paid not less than the applica- ble x•age rate on rite wage determination for the work actu- ally performed. (3) Every trainee must be paid at not less than the rate specified in rite approved pmgmm for his/her level of progress, expressed as a percentage of the journeymen-level hourly rate specified in the applicable wage determtnation. Trainees shall be paid [rirtgc benefits in accordance with the provisions of the trainee pmgmm. If the trainee program dots not mention Cringe benefits, trainees shall be paid the Cull amount oC fringe benefits listed on the wage dctcrmination unless the Administrator of the Wage and flour Division determines that there is an apprenticeship program associated with the corresponding journeyman- level wage rate on the wage determination which provides for less titan fall fringe benefits for apprentices, to which case such trainees shall receive the same fringe benefits as apprentices. (4) Irr the event the Employment and Training Adminir tration withdraws approval of a training pmgmm. the eon- tractor or subcontractor will no longer be permitted to uti- lize trainees at Icss titan the applicable predetermined rote for the work performed until an acceptable program is ap- proved. c. Helpers: Helpers will be permitted to work on a yyrojeet if the helper classification is specified and defined on the applicable wage determination or is approved pursuant to rite conCorinance procedure set forth in Section IV.2. Any worker listed on a payroll at a helper wage rata, who is not a helper under an approved delini[ion, shall be paid not less titan rite applicable wage rate on the wage dctennination for the classification of work actually performed. Foam 1777 - Rnixd ]•95 Oa-0r-95 ~-~ 02 329 5. Apprrnrica and Trainees (Programs of the L'. S. DOT): Apprentices and trainees working under apprenticeship and skill training programs which have been cernhed by the Secre- tary of Transportation es promoting EEO in conttcction with Federal-aid highway construction programs are not subject to the mquirements of paagraph 4 oC this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices end trainees to journeymen shall not be greater than permitted by du terms of the particular program. G Withholding: The SHA shall upon its own action or upon written request oCan authorized representative of the DOL withhold, or cause to be withheld, trom the contractor or subcontractor under this contract or any other Fedeml contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements which is held by the same prime contractor, as much oCihe accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, vamees, and helpers, employed by the contractor or any subcontractor the full amount oC wages required by the contact. In the event of (allure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site oC the work all or part of the wages required by the contract, the SHA contracting o(Cicer may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee oC funds wail such violations have ceased. 7. Overtime Requirements: No contractor or subcontractor contracting fur any part of the contract work which nray require or involve the employment oC laborers, mechanics, watchmen, or guards (including appren- tices, trainees, and helpers described in paragraphs 4 and 5 above) shall require or permit any laborer, mechanic, watclrtnan, or guard in any workweek in which he/she is employed on such work, to work in excess of 40 hours in such workweek unless such laborer, mechanic, watchman, or guard receives compensa- tion at a rate not less than ane•and-one-half times his/her basic rate oC pay Cor all hours worked in excess oC 40 hours in such workweek. g. Violation: Liability for Unpaid Wages; Liquidated Damages: In tl~e event of any violation of the clause set forth in paragraph 7 above, ilia contractor and any subcontactor responsible therco[ shall be liable to the a6ected employee Cor his/her unpaid wages. In addition, such wntrsetor and subcontractor shall be liable to the United States (in the case of work dons under contract for the District of Columbia or a territory, to such District or to such territory) Cor liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer, mechanic, watchman, or guard employed lit violation o[ the clause set forth in paragraph 7, in the sum of 51 O for each calendar day on wlticlt such employee was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paagraph 7. 9. R'ithhold ing for [;npaid \\'ages and Liquidated Damages: 71ro SHA shall upon its own action or upon written «quest of any authorized represaitative of the DOL withhold, or cause to be withheld, Crom any moneys payable on aeeount of work performed by the contractor or subcontractor under any sue6 contract or any other Federal contract with the same pima contractor, or any other federally-assisted contnet subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined m be necessary to satisfy any liabilities of sue6 contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 8 above. STATE\tENTS A\D PAYROLLS (Applicable ro all FedeaLaid construction contracts exceed- ing 52.000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural collector; which are exempt.) 1. Compliance with Copeland Regulations (29 CFR 3): The contractor shall comply with the Copeland Regulations oC the Secretary oCLabor wluch are herein incorporated by rcCer- cncc. 2. Payrolls and Payroll Records: a. Payrolls and basic records «lating thereto shall be ntai stained by tlic contractor and each subcontractor during the course of the work and preserved for a period of 3 yeah from the date oCcompletion oCthe contract Cor all laborcn, mechanics, apprentices, trainees, watchmen, helpers, and guards working at the site of the work. b. The payroll records shall conmin the name, social sew rity number, and address of each such employee; his of her correct classification; hourly rates of wages paid (iocluding rates of contributions or costs anticipated for bona fide tinge benefits or cash equivalent therco[ the types described in Sew tion I(b)(2)(B) of the Davis Bacon Act); daily and weakly number oC hours worked; deductions made; and actual twges paid. In addition, Cor Appalachian contacts, the ppaaynll records shall contain a notation indicating whether the em- ployee does, or does not, normally reside in the labor area as defined in Attachment A, paragraph L Whenever the Secrc- ury of Labor, pursuant to Section IV, paagraph 36, has found that the wages of any laborer or mechanic include the mmount of any costs reasonably anticipated in providing benefib en- der aplan or program described in Section 1(bx2xB)oCthe Davis Bacon Act, the contractor and each subcontractor shall maintain records which show that the commitment to provide such benetts is enforceable, that the plan or program is finan- cially responsible, that the plan or program has been eommw nicated in writing to the laborers or mechanics affected, and show the cost anticipated or the actual cost incurred io prw viding benefits. Contactors or subcontractors employing apprentices or taintts under approved pm ems shall maintain written evidence of the registration of apprcntitea and trainees, and ratios and wage rates prescribed in the ap- plicable programs. Foam 127) - acv irad 3-95 OB-07-95 FR-8 02 329 c. Each contractor and subcontractor shall famish, each week in which any contract work is performed, to the SHA resident engineer a payroll of wages paid each of its employ- ees (including apprentices, trainees, and helpers, described in Section IV, paragraphs 4 and 5, and watchmen and guards en- gaged on work during the preceding weekly payroll period). The payroll submitted shall tit out accurately and completely all of the information required to be mairrtarited under para- graph 2b of this Section V. This inforrnetion may be submit- ted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased Crom the Supcrirtten- dent oC Documents (Federal stock number 029-005.0014.1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by ell subcontractors. d. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or sub- contractor or his/her agent who pays or supervises tlrc pay- ment of the persons employed under the contract and shall certify the following: (1) that the payroll for the payroll period contains the information regmrcd to be maintained under pamgreph 2b oC this Section V and that such information is correct and complete; (2) that such laborer or mechanic (including each helper, apprentice, end trainee) employed on tlm contract dunng the payroll period has been paid the Cull weekly wages earned, without rebate, either directly or indirectly, end drat no deductions have Exert made either directly or indirectly from the full wages eamed, other than permissible deductions as set forth in the Regulations, 29 CFR 3; (3) that each laborer or mechanic has been paid no[ less that the applicable wage rate and Cringe benefits or cash equivalent for the classification of worked performed, as specified in the applicable wage determination incorpo- rated into the contract. e. The weekly submission of a properly executed certifica- tion set forth on the «verse side of Optional Forrn WH-347 shall satisfy the requirement for submission of the "Statement oC Compliance" required by paragraph 2d of this Section V. f. The falsificmion oCany of the above certifications may subject the contractor to civil or criminal prosecution undo l8 U.S.C. 1001 and 31 U.S.C. 231. g. The contractor or subcontractor shall make the records required under paragraph 2b of this Section V available Cor inspection, copying, or transcription by authorized representatives of the SHA, the FHWA, or the DOL, and shall permit such representatives to interview employees during working hours on [he job. If the contractor or subcontractor fails to submit the required records or to make them available, the SHA, the FHWA, the DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions as may be necessary to cause the suspension oCany further payment, advance, or guarantee of funds. Furthermore, failure [o submit the requtred records upon request or to make such records available may be grounds Cor debarment action pursuant to 29 CFR 5.12. ~7. RECORD OF JIATER41L5, SUPPLIES, AND LABOR 1. On all Federal-aid contracts on the National Highway Sys- tem, except those which provide solely Cor the installation of protective devices at railroad grade crossings, those which are constructed on a force account or direct labor basis, highway beautification contracts, and contracts Cor which the toW fins) construction cost for roadway and bridge is less than S 1,000,000 (23 CFR 635) the contractor shall: a. Become familiar with the list oC specific materials and supplies contained in Form FHWA-47, "Statement of Materi- als and Labor Used by Contractor of Highway Construction Involving Federal Funds,' prior to the commencement of work under this contract. b. Maintain a record of the total cost of ell materiels and supplies purchased Cor end incorporated in the work, and also oC the quantities of those specific materials and supplies listed on Fornr FHWA-47, and in the units shown on Form FHWA-47. c. Furnish, upon the completion of the contract, to the SHA resident engineer on Form FHWA-47 together with the data required in paragraph Ib relative to materiels and supplies, • final labor sununary oC all contract work indicating the total hours worked and the total amount earned. 2. At the prirtte contractor's option, either a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted. VII. SUBLETTING OR ASSIGNING T}iE CON- TRACT 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding ony specialty items des- igrratcd by the State. Specialty items niay be performed by sub• contract and the amount of any such specialty items performed may be deducted from the total original contract pace before computing the amount oC work required to be performed by the contractor's own organization (23 CFR 635). a. "lts own organization" shall be construed to include otrly workers employed and paid directly by the prime con- tractor and equipment awned or rented by the prime contrac- tor, with or without operators. Such term does not include employees or equipment of a subcontracmr, assignee, or agent. of the prime contractor. b. "Specialty Items" shall b< construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of con- tracting organizations qualified and expected to bid on the contract as a whole and in general are to be limited to minor components oC the overall contract. Form 1273 - Rerixd }g3 08-07-93 I?R-9 02 329 2. The convect amount upon which the requiremetts set forth in paragraph 1 oC Section VII is computed includes the cost of material and manu[actured products which are to be purchased or produced by the contractor undo the contract provtsioits. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the ~rnt, has lull authority to direct performance oCthe work in accordance with the contract requirements, and is in charge oC all construction operations (regardless of who performs the work) end (b) such other oC its own organizational resources (supervision, management, and engineering services) u the SHA contracting officer determines is necessary to assure the performance oC the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the SHA contracting officer, or authorized rcpresmttativc, and such consent when given shall not be construed to relieve the con- tractor of any responsibility for the Cul(illment of the contract. Written consent will be given only after the SHA has assured that each subcontract is evidenced in writing and that it contains all perinent provisions and requirenten[s of the prime contract. VIII. SAFETY: ACCIDENT PREVENTION I. In the per(ormance of this contract the contractor shall comply with all applicable Federal. State, and local laws gov- erning sate ty, health, and sanitation (23 CFR 635). The con- tractor shall provide all safeguards, safety devices and protec- tive equipment and take any other needed actions as it deter- mines, or as the SHA contracting officer may determine, to be reasonably necessary to protect the life and health of enrployecs an the job and the safety o[ the public and to protect property in connection with the performance aC the work covered by the contract. misunderstanding regarding the seriousness oC these and similar acts, the following notice shall be posted on aeh Federal-aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL-AID HIGHWAY PROJECTS I B U.S,C. 1020 reads as follows: "Nhoever bebrg mr ojTcer, agent, or employee ojtha UNted States, or airy State or Territory, or whoever, rherhn a person, association, firnp or corporation, knowingly make mry false statement, fnlse representatiott, orjalse report of fo Ilre character, quality, quantity, or cost ojlhe malarial essd a to br used, or Ilre quarrti0~ or quality of the work performed or to be performed, or die cost thereof in cmrnettlon rllh fha submission of plans, maps, specifications, contracts, or costs of corrslruction on airy highway or related project ribmllled for approval to the Seeremry ojTrarrspormtion; or {Flroever knowingly makes any false statement, false npn- smrtation, false report or false claim with twpeer b fhs character, quality, quarrtiry, or cost ojany work performed or to be performed, or materials furnished or fo be jum/sher( N connection with the construction of any highway or -slafed project approved by Ilre Secretary ojTransporraffon; or IVhoever krrowirrgly makes arty false rlalemenl or faire represenmtion as to material feel in mry statement, earl(fl- cate, or report subntiued pursumrt to provisions oj/hs FsrR era!-aid Roads Act approved July 1, !p/d, (39 Srat. 333), d amended mid supplemented; Shall be ~ned not more Jmt Sl0,000 or imprisoned nor nmre dmn 5 years or bollr." 2. It is a condition of this contract, and shall be made a con- dition of each subcontract, which the contractor enters into pur- suant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsani- tary, hazardous or dangerous to his/her health or safety, as dc- termined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and SaCery Standards Act (40 U.S.C. 333). 3. Pursuant to 29 CFR 1926.3, it is a condition aC this con- tract that the Secretary of Labor or authorized representative thereof, shell have right oC entry to any site of contract pcrCor- mance [o inspect or investigate the matter oC compliance with the construction ssCety and health standards and to carry out the duties oC [he Secretary under Section 107 oC [he Contract Work Hours and Safety Standards Act (40 U.S.C. 333). IX. FALSE STATEMENTS CONCERNING HIGH- WAY PROJECTS In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal-aid highway projects, it is essential that all persons coneemed with the project perform their functions as carefully, thoroughly, and honestly as passible. Will[ul falsification, distotlion, or misrcpreuntation with respect to any (acts related to the project is a violation of Federal law. To prevent any X. IhIPLEh[ENTAT/ON OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Fedcral-aid construction eontraeU cad to all related subcontracts of S 100,000 or more.) By submission of this bid or cite execution oCthis eoatrut. or subcontract, as appropriate, the bidder, Federal-aid con- struction contractor, or subcontractor, as appropriate, will be dcnncd to have stipulated as follows: 1. That any facility that is or will be utilized in the petfor- mance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 et seq., as ameoded by Pub. L. 91-604), and under the Fedcral Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq., as amended by Pub. L. 92.300), Executive Order 11738, and regulation is im- plementation thereof (40 CFR I S) is not listed, on the date of contract award, on the U.S. Environmental Protection Ageaey (EPA) List oC Violating Facilities pursuant to 40 CFR 15.20. 2. That the firm agrees to comply and remain in compliance with all the requirenents of Section 114 oCthe Cleao Air Aet and Section 308 of cite Federal Water Pollution Control Aot end all regulations and guidelines listed thereunder. 3. That the firm shall promptly notify the SHA of the receipt oC any communication from the Director, Once oI Federal Ac- tivities, EPA, indicating that a facility that is or will be utilized Form 12]7 - Revimd ]AS O6-n]-95 FR-10 02 320 for the contract is under consideration to be listed on the EPA Lis[ of Violating Facilities. 4. That the firm agrees to include or cause to be included the requirements of paragraph 1 through 4 oC this Section X in every nonexempt subcontract, and further agrees to take such action as the government may direct as a means of enforcing such re- quirements. XI. CERTIFICATION REGARDING DEBAR\fENT, SUSPENSION, INELIGIBILITY AND VOLUNTARI' EXCLUSION I. Instructions for Certification -Primary Covered Transactions: (Applicable to all Federal-aid contracts - 49 CFR 29) a. By signing and submitting this proposal, the prospec- tive primary participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of partic- ipation in this covered transaction. The prospective par- ticrpant shall submit an explanation of why rt cannot provide the certification se[ out below. The certification or explanation will be considered in connection with the de- partment or agency's determination whether to enter into this trensaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such a person from participation in Ihis transaction. c. The certification in this clause is a material representa- tion of fact upon which reliance was plated when the depart- ment or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certifcauon, m addition to other remedies available to the Federal Government, the de- partment or agency may terminate this tmnsac[ion Cor cause oC default. d. The prospective primary participant shall provide im- mediate written notice to the department or agency to whom this proposal is submitted if any time the prospective primary participant learns drat its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction,' "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant,' "person • "primary covered vansaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implcnrenting Executive Order 12549. You may contact the department or agency to which this proposal is submitted Cor assistance in obtaining a copy of those regulations. C. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective primary participant further agrea by submitting this proposal that it will include the clause titled "Certification Regarding Debarntcnt, Suspension, Ineligibil- ity and Voluntary Exclusion-Lower Tier Covered Traawc- tion," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions rind in all solicitations for lower tier covered transactions. h. A participant in a covered transaction may rely upoa ^' certification of a prospective participant in a lower tier eov- ercd transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, uoleu it knows that the certification is erroneous. A participant may decide the method end frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the nonprocurement portion oC the "Lists of Parties Excluded Fmm Federal Procurement or Nonprocurcment Programs" (Nanprocurement List) which is compiled by the General Services Administre[ion. i. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information oC participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course oC business dealings. j. Except for transactions authorized under paragraph f of these instructions, iC a participant in a covered trensaction knowingly enters into a lower uer covered transution with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the de- partment or agency may terminate this transaction Cor cause or default. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Primary Covered Transactoro I. The prospective primary participmtt certifies m the best o(its knowledge and belie(, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a 3-year period preceding this proposal been convicted of or had a civil judgment ren- dered against tltein for commission of [rand or a criminal offense in connection with obtaining, anempting to obtain, or performing a public (Federal, State or local) trensae4on or contract under a public transaction; violation of Federal or State antitrust smtutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen properly; c. Are no[ presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with coinnrission of any of the offenses enumenled in paragraph Ib of this certification; end Form 1213 - Raviud }93 Oa-01-93 FR-1 I 02 329 d. Have not willtin a 3-year period preceding this ap- plication/proposal had one or more public Imnsactions (Federal, State or local) tenttinated for cause or default. 2. Where the prospective primary participant is unable to certify to arty of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification -Lower Tier Covered Transactions: (Applicable to all subcontracts, purchase orders and other lower tier transactions of 525,000 or more - 49 CFR 29) a. By signing and submitting this proposal, the prospec- tive lower tier is providing the certitcation ut out below. b. The certification in this clause is a material represenle- lion oC fact upon which reliance was placed when [his transaction was entered into. if it is later determined that the prospective lower tier participant knowingly rendered an er- roneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available reme- dies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which thts pro- posal is submitted if at any time the prospective lower tier participant learns that its <rti(ication was ertoneous by reason oCehanged circumsmnces. d. The terms "covered transaction,"'debarnd," "suspended,' "ineligible," "primary covered transacdon," "participant,' "person,"principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings xt out in the Definitions and Coverage sections oC rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted Cor assistance tit obtaining a copy of thox regulations. e. The prospective lower tier participant agrees by submit- ting this proposal that, should the proposed covered transac- tion be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or volmttarily excluded from participation in this covcrcd transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that rt will Include this claux titled "Certification Regarding Debarment, Suspension, (n- eligibilily and Voluntary Exclusion-Lower Ticr covcrcd Transaction," without modification, in all lower tier covered transactions end in all solicitations for lower tier covered transactions. g. A participant in a covered transaction may rely upon a certiC~cation of a prospective participant in a lower tier cov- ered transaction tlta[ is not debarred, suspended, ineligible, or voluntarily excluded Crom the covered transaction, unless it knows that the caret (ication is erroneous. A participmtt may decide the method and frequency by which it determines the eligibility of its principals. Each participant rosy, but is not required to, check the Nonprocurement List. Ir. Nothing contained in the foregoing shell be construed tm require establishment o[a system oC records in order W ren- der in good faith the certification required by this elaux. The knowledge and iitforination of participant is not required to exceed drat which is normally possessed by a prudent person tit the ordinary course of business dealings. i. Except for transactions authorized under paragraph a oC these instructions, if a participant in a covered tnnsaetion knowingly enters into a lower tier covered transaction with • parson who is suspended, debarred, ineligible, orvolungrily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the de- partment or agmtcy with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaetioru 1. The prospective lower tier participant eertibes, by submission oC this proposal, that neither tt nor its priner- pals is presauly debarred, suspended, proposed for debar- ment declared ineligible, or voluntarily excluded from par- ticipation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this cemfiwtion, such prospective participant shall altaclt an explanation to lhif proposal. XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applicable [o all Federal-aid construction eontnets and to all related subcontracts which exceed b 100,000 - 49 CFR 20) 1. The prospective participant certifies, by signing and submitting this bid or proposal, to tltc best oC his or her knowl- edge and belie C, that: a. No Federal appropriated Cunds have been paid or will be paid, by or on behalf oC the undersigned, to any person for in- fluencing or attempting to influence an oCDcer or employee oC any Federal agency, a Member of Congress, an officer or em- ployec oC Congress, or an employee of a Member of Coagms is connection with the awarding oC any Federal eoatraet the maki itg oCany Federal grant, the making of any Federal loam. tlx entering into oCany cooperative agreement, and the exteosioq continuation, renewal, amendment, or modi fiudon of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to airy person for influencing of at• tempting to influence an oCCicer or employee of arty Federal agency, a Member of Congress, an officer or employee of Congress, ur art employee of a Member of Congress in eonnee- tion with this Federal contnet, Form 1273 - 0.ev fired 3-93 OB-Ol-95 FR-12 Q2 X29 grant, loan, or cooperative agreement, the undersigned shall complete end submit Standard Forth-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of Cact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than SI0,000 and not more than S 100,000 for each such failure. 3. The prospective participant also agrees by submitting his or her bid or proposal that he or she sholl rcqurrc that the lan- guage of this certification be included in all lower Tier subcon- tracts, which exceed S100,000 and that all such rceipients shell certify and disclose accordingly. FEDERAL-AID FEMALE AND MINORITY COALS "Required Contract Provisions Federal-aid Construction Contracts" [hc following arc the goals for female utilization: Goal for Women (applies nationwide) ..............(percent) ........ 6.9 The following arc goals far minority utilization: CALIFORNIA ECONOM1IIC AREA Goal (PcrcenQ 174 Redding, CA: Non-SMSA Counties ................. CA Lassen; CA Modoc; CA Plumas; CA Shasta; CA Siskiyou; CA Tchama. 175 Eureka. CA: Non-SMSA Counties ....................... CA Del Norte; CA Humboldt; CA Trinity. 176 San Francisco-Oakland-Ben Jose, CA: SMSA Counties: 7120 Salinas-Seaside- Monterey. CA ................................................. CA Monterey. 7360 San Fmncisco-Oakland, CA ................ CA Alameda; CA Contra Costa; CA Morin; CA San Francisco; CA San Mateo. 7400 San Jose. CA ............................................. CA Santa Clara. 7485 Santa Cruz. CA ........................................ CA Santa Cruz. 7500 Santa Rosa. CA ........................................ CA Sonoma. 8720 Vallejo-Fai~eld-Napa, CA ................. CA Napa; CA Solano Non-SMSA Counties ...................... CA Lake CA Mendocino; CA San Benito. SMSA Counties: 6920 $acranrento, CA .................. CA Placer, CA Sacramento; CA Yolo. Non-SMSA Counties ....................... CA Butte; CA Coluse; CA EI Dorado; CA Glenn; CA Nevada; CA Sierra; CA Sutter, CA Yuba. 178 Brockton-Modesto, CA: SMSA Counties: 6.8 5170 Modesto. CA ........................................... CA Stanislaus. 8120 Stocldon. CA .......................................... CA San Ioaquin. Non-SMSA Counties ............................................ CA Alpine; CA Amador; CA Calaveras; CA Mariposa; 6.6 CA Merced; CA Tuolumne. l79 Fresno-Bakersfield, CA: SMSA Counties: 0680 Bakersfield. CA ...................................... CA Kem. 2840 Fresno. CA ............................................... 28.9 CA Frcsna. Non-SMSA Counties ............................................ 25.6 CA Kings; CA Madera: CA Tulare. 180 Los Angeles, CA: l9 6 SMSA Counties: 14.9 0360 Anaheim-Santa Ana-Garden Grove. CA ....................................................... 9.1 CA Orange. 4480 Los Angeles-Long 17.1 Beach CA ........................................................ CA Los Angeles. 6000 Oxnard-Simi Valley- 23.2 VenNra,CA .................................................... CA Ventura. 16.1 14.3 12.3 24.3 19.6 19.1 26.1 23.6 11.9 28.3 21.5 Farm 7377 - Revired }g3 M-07-9a FR-13 02 329 6780 Riverside-San Bernardino- Ontario. CA .................................................... 19.0 CA Riverside; CA San Bernardino. 7460 Santa Barbara-Santa Maria- Lompoc. CA .................................................... 19.7 CA Sanu Barbara Non-SMSA Countes ............................................ 24.6 CA Inyo: CA Mono; CA San Luis Obispo. 181 San Dicgo, CA: SMSA Counties 7320 San Diego. CA ........................................ 16.9 CA San Diego. Non-SMSA Counues ............................................ 18.2 CA Imperial. In addition to the reporting requi rcnrents set forth elxwhcre in this contract the Contractor and subcontractors holding subcontracts, not including material suppliers, oC S10,000 ar more, shall submit for every month of July during which work is performed, employment data as contained under Form FHWA PR-1391 (Appendix C to 23 CFR. Part 230), and in accordance with the instructions included thereon. Fom~ 1277 - Rev;red 3-95 Oa-O7A5 Fa-Ia 02 329 Southern California Basic Trade Index GENERAL PREVAILING WAGE DETERMINATIONS MADE BY THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER 1, ARTICLE 2, SECTIONS 1770, 1773, AND 1773.1 INDEX: 2002-2 Page 1 of 3 02 szg SOUTHERN CALIFORNIA BASIC TRADE JOURNEYMAN RATES Download all Southern California Basic Trade Determinations (Pages 3-21C) PAGE DETERMINATION HOLIDAYS, SCOPE OF WORK, TRAVEL & SUBSISTENCE PREDETERMINED INCREASE ASBESTOS WORKER, HEAT AND FROST INSULATOR (o) _ --- - - -- - -_ - Select One - INCREASE _ 18D ASBESTOS ABATEMENT (LABORER) (E) Select One INCREASE ^ I OE BUILDING/CONSTRUCTION INSPECTOR AND FIELD - - - -- SOILS AND MATERIAL TESTER + - - Select One - INCREASE -- "-- _-- - 12A BOILERMAKER. (FOR PIPELINES) (e) _ - --- -- Select One - INCREASE CARPENTER Select One - INCREASE l0A- l OB CRANES, PILE DRIVER AND HOISTING. EQUIPMENT - - - (OPERATING ENGINEER) + -- __ Select One -' INCREASE --- - 20 CEMENT MASON Select One - NO INCREASE* t0 DREDGER (OPERATING ENGINEER) (E) Select One'- INCREASE DRYWALL INSTALLER (CARPENTER) Select One - INCREASE ELEVATOR CONSTRUCTOR (e) Select One - INCREASE 3A FENCE BUILDER (CARPENTER) (e) Select One - NO INCREASE ~~ ~~ http://www.dir.ca.gov/DLSR/PWD/Southern.html 10/07/2002 Southern California Basic Trade Index Yage L of S 02 329 11 C I FIRE SAFETY AND MISCELLANEOUS SEALING (E) I Select One - NO INCREASE 16 GUNITE WORKER (LABORER) __ Select One ~ NO INCREASE 17 HOUSEMOVER (LABORER) _. Select One - NO INCREASE 13 LABORER Select One. -i NO INCREASE lOF LANDFILL WORKER (OPERATING ENGINEER) (e) Select One -' NO INCREASE 18A LANDSCAPE IRRIGATION LABORER Select One - INCREASE 18C l OC LANDSCAPE MAINTENANCE LABORER LANDSCAPE OPERATING ENGINEER Select One * Select One ~ NO INCREASE INCREASE 11- 11 A LIGHT FIXTURE MAINTENANCE (E) - - --- - -- - - Select One > NO INCREASE 1 1 B LIGHT FIXTURE MAINTENANCE - - Select One - NO INCREASE 18E ^ OPERATING ENGINEER + PARKING AND HIGHWAY IMPROVEMENT (STRIPER- - - - --- -- -- LABORER) (E) Select One -' Select One - INCREASE NO INCREASE 19 21 15 SLURRY. SEAL WORKER TEAMSTER + TUNNEL WORKER (LABORER) - - Select One ~ Select Ones Select One - NO INCREASE NO INCREASE NO INCREASE l OD TUNNEL (OPERATING ENGINEER) Select One - INCREASE pReturn to Main Table + Includes shift pay determinations. * A single asterisk after [he expiration date of a determination indicates that no increase is required for projects advertised while that determination is in effect. The determination remains in effect until it is canceled, modified, or supereeded by a new determination by the Director of Industrial Relations. Anew determination will become effective 10 days after it is issued. Con[ac[ the Division of Labor Statistics and Research at (415) 703-4774 after 10 days from the expiration date, if no subsequent determination is issued. a. Stale of California, except Del Norte, Modoc and Siskiyou Counties. b. Includes Del Norte, Modoc and Siskiyou Counties. c. Imperial, Inyo, Kern, Los Angeles, Mono, Orange, Riverside, San Bernardino, San Luis Obispo, Santa Barbara, and Ventura. d. Includes San Diego County; excludes Mono County. e. Includes San Diego County. f. Includes Fresno, Kings, San Diego, and Tulare Counties; excludes Inyo and Mono Counties g. Alameda, Alpine, Amador, Butte, Calaveras, Colusa, Contra Costa, Del Norte, El Dorado, Fresno, Glenn, Humboldt, Kings, Lake, Lassen, Madera, Marin, Mariposa, Mendocino, Merced,Modoc, Monterey, Napa, Nevada, Placer, Plumas, Sacramento, San Benito, San Francisco, San Joaquin, San Mateo, Santa Clara, Santa Cmz, Shasta, Sierra, Siskiyou, Solano, Sonuma, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, Yolo and Yuba Counties. h. Includes Mono County. i. Includes Inyo and Mono Counties. http://www.dir.ca.gov/DLSR/PWD/Southern.html 10/07/2002 Southern California Basic Trade Index Yage S oT S 02 329 To view the above current prevailing wage determinations, current predetermined increases, and the current holiday, advisory scope of work, and travel and subsistence provisions for each craft, you must first download a free copy of the Adobe Acrobat Reader available by clicking on the icon below: http://www.dicca.gov/DLSR/P WD/Southern.html 10/07/2002 02 329 GENERAL PREVAILING WAGE DETERMINATION MADE BY THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER I, ARTICLE 2, SECTEONS 1770, 1773 AND 1773.1 FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS CRAFT: k ASBESTOS WORKER, NEAT AND FROST INSULATOR DETERMINATION: SC-3-5-1-2002-2 ISSUE DATE: August 22, 2002 EXPIRATION DATE OF DETERMINATION: August 2, 2003" The rate to be paid for work perforated after this date has been determined. Ifwork will extend past this date, [he new rate must be paid and should be incorporated in contracts entered into now. Contact the Division of Labor Statistics and Research for specific rates at (41$) 703- 4774. LOCALITY: All localities within Imperial, Inyo, Kem, Los Angeles, Orange, Riverside, San Bernardino, San Diego, $an Luis Obispo, Santa Barbara and Ventura Counties. Classification (Jamncyperson) Mechanic Emoloycr Payments Shaieht-Time Overtime Hourly Rare Basic Health Pension Vacation/ Training Other Hours Total Daily Saturday Sunday Hourly And Holiday Payments Hourly and Rate Welfare Ratc 11/2x 2x 1 I/2x 2x Holiday 30.98 '3.99 3.6G 2.33 .20 - 8 41.36 "56.85 72.)4 `56.65 72.34 °72.34 DETERMINATION: SC-3-5-3-2002-I ISSUE DATE: Febmary 22, 2002 EXPIRATION DATE OF DETERMINATION: December 16, 2003` Ef(cc[ive until superseded by a new determination issued by the Director of Industrial Relations. Con[ac[ the Division of Labor Smtistia and Research (415) 703-4774 for the new rates alter 10 days from [he expiration date, ifno subsequent determination is issued. Hazardous' Material Handler Mechanic "19.30 '2.OR 2.R6 - .22 ".07 8 24.53 34,IR - 34.IR - `34.18 H Indicates an appren[iceable craft. Rates for apprentices arc available in the General Prevailing Wage Apprentice Schedules. ' Occupational I{calth and Research and Mortuary Fund included in Health and Welfare. Rate applies to the first 2 overtime hours. " Ram applies to firs[ 8 hours worked on new constmc[ion. Applies to all Saturday hours on maintenance and asbestos abatement projects. $103.32 per hour for work on Labor Day. For maintenance and asbestos abatement projects, Sundays may be worked a[ the time and one half rate, but holidays arc paid at the double time rate. Maintenance work in excess of 60 hours in a week is a[ double time rate. `Includes 3 % of employees gross wage for dues/service fee check-o(f plus $0.50 for supplemental dues. ' Includes 23Q for medical monitoring procedures in compliance with industry regulations. `Three times the basic hourly rate plus fringes fur work on Labor Day. Occupational Health and Research Pund. Note: Asbestos removal workers must be trained and the work conducted according to the Code of Federal Regulations 29 CFR 1926.58, the California Labor Code 6501.5 and the California Code of Regulations, Title 8, Section 5208. Contractors must be certified by the Contractors' Stnte License Board and registered with [hc Division oC Occupational Safety and Health (DOSH). For further information, contact the Asbestos Corrtmctors Abatement Registmfion Unit, DOSH a[ (415) 703-5191. RECOGNIZED HOLIDAYS: Holidays upon which [hc general prevailing hourly wage rate for Holiday work shall be paid, shall be all holidays in the collective bargaining uerccment, applicable to the particular craft, classification, or type ofworker employed on the project, which is on file with the Director of Industrial Relations. If the prevailing rue is nu[ based on a collectively bargained rate, [hc holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code. You may obmin the holiday provisions for the curtent determinations on tho Intcme[ at htto'7www dir ea gov/DLSR/PWD. Holiday provisions for current or superseded detemtinations may be obtained by contactng the Prevailing Wagc Unit at (415) 703-4774. TR:\VEL AND/OR SUBSISTENCE PAYMENT: in accordance with Labor Code Sections 1773.1 and 1773.9, contractors shall make travel and/or subsistence payments to each worker ~o execute the wm'k You may obmin the travel and/or subsistence provisions for the current determinations on the Intemot a[ htro'//www d'r ca eov/DLSR/PWD. Travel and/or subsistence rcyuirements for cun'ent ur superseded determinations may be obained by contacting the Prevailing Wage Unit a[ (415) 70}.g774. 02 GENERAL PREVAILING WAGE DETERMINATION MADE BY THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER 1, ARTICLE 2, SECTIONS 1770, 1773 AND 1773.1 FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS CRAFT: FENCE BUILDER (CARPENTER) 329 DETERMINATION: SC-23-31-20-2002-1 ISSUE DATE: August 22, 2002 EXPIRATION DATE OF DETERMINATION: June 30, 2003• Effective until superseded by a new determination issued by the Director of Industrial Relations. Contact the Division of Labor Statistics and Research at (415) 703-4774 for the new rates after 10 days from the expiration date, if no subsequent determination is issued. LOCALITY: All localities within Imperial, [nyo, Kem, Los Angeles, Mono, Orange, Riverside, San Bernardino, San Diego, San Luis Obispo, Santa Barbara, and Ventura counties. Employer Payments Straight-Time Overtime Hourly Rate Classification Basic Health Pension Vacation Training Hours Total Daily Saturday' Sunday (Journeyperson) Hourly and and and Hourly and Rate Welfare Holiday Other Rate l 1/2X6 2X 1 l/2X Holiday Fence Builder $24.79 2.45 $1.01 $1.88 $0.21 8 $3034 $42.735 $55.13 $42.735 $55.13 "Saturdays in the same work week may be worked at straight-time ifjob is shut down during the normal workweek due [o inclement weather, or reasons beyond the control of the employer. 6 Ratc applies to the first 4 overtime hours. RECOGNIZED HOLIDAYS: Holidays upon which the general prevailing hourly wage rate for Holiday work shall be paid, shall be all holidays in the collective bargaining agreement, applicable to the particular craft, classification, or type of worker employed on the project, which is on file with the Director of Industrial Relations. [f the prevailing rate is not based on a collectively bargained rate, [he holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code. You may obtain the holiday provisions for the current determinations on the Intemet at http~//www dir ca eov/DLSR/P W D. Holiday provisions for current or superseded determinations may be obtained by contacting [he Prevailing Wage Unit at (415) 703- a77a. TRAVEL AND/OR SUBSISTENCE PAYMENT: In accordance with Labor Code Sections 1773.1 and 1773.9, contractors shall make travel and/or subsistence payments to each worker to execute the work. You may obtain the travel and/or subsistence provisions fur the current determinations on the Intemet at http~//www dir ca eov/DLSR/PWD. Travel and/or subsistence requirements for each craft, classification or type of worker may be obtained from the Prevailing Wage Unit at (4l5) 703-4774. 3A 02 329 GENERAL PREVAILING WAGE DETERMINATION MADE BY THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT "1 O CALIFORNIA LABOR CODE PART 7, CHAPTER 1, ARTICLE 2, SECTIONS 1770, 177} pND 177}.1 FOR COMMERCIAL BUILDING, HIGH WAY, HEAVY CONSTRUCTION AND DREDGMG PROJECTS CRAFT: gCARPENTER AND RELATED TRADES UETENMINATION: SC-23-31-2-20U?-I ISSUE DATE: August 22, 2002 EXPIRATION DATE OF DETERMINATION dune 30, 2003" The rare to be pail far work performed after this Jate has been determined If work will extend puss this date, the new rare must be paid and should be incoryoratW in wmruets entered inm now_ Contact the Division of Labor S[ans[ios and Research for specific rotes (4151 ]03-4774_ LOCALITY: All localities' within Imperial, Ingo, Kem. Los Angeles, Mona, Orange, Riverside, San Bernardino, San Luis Obispo, Santa Barbara, anJ Ventura counties. Emolover Payments Stre aM-Time Ov rCme Hourly Rate Clasxiticazion Basic Health Pension Vaca[ioN Tmining Houn Total Daily Saturdayb Sunday (Juurncypenon) Hourly and Holiday Hourly and Rate Welfare Rare I I/2X I I/2X Holiday °AREAI Carpenter Cabinet lnsmllec Insulation Inswlleq Hardwood Floor Workeq Acoustical Insmller Pile Driverman, Dertick Bargeman, Ruckslingeq UriJge or Duck Carpenter, Cable Splicer Bridge Carpenter Shingler Saw Filer Table Power Saw Operamr Pne mwic Nailer or Power Stapler Roof Loader of Shingles JcallolJ Cmyenter N lllwright Head Rockslinger ILmk Bargeman or Scowmon Dlcer. Wet1Up To 50 Fr. Depth) ~ Drver_lS1anJ-By) Diva's l inJar °AREA2 C'urpwuer, Cabinet InAaller, Insulation Imtalleq HuNwaoJ Flom Worker, Acous~Jcul Installer Shingler Saw Filer Table Power Saw Opemtur Pneumatic Nailer or Power Stapler Roof Loader of Shingles `529.00 2.45 L01 2.881 0.34 8 33.6% 30.18 50.1% 64.68 29.17 2.45 L01 2.88' 0.34 tl 75.81 50.375 50.375 64.93 c 29.17 2.45 101 2.tl%' 0.34 8 35.81 50.3]5 50.375 64.94 `29.13 2.45 101 2Ntl' 034 tl 35.81 50.3]3 50375 64.94 '_9.ON 2.45 L01 2Btl2r 034 8 35.76 30.30 50.30 64.84 29.10 2.45 LUI 2 tltlt 034 8 35.78 50.33 50.33 64.tltl 29.25 243 L01 2.88r 0.14 8 33.93 50.555 50.553 65.1% 20.39. 2.45 L01 2.%Br 0.30 6 2].0] 37.265 3].265 4] 46 2}20 243 1.01 2.88' 0}4 tl 29.88 41 J8 41.48 53.08 ` 29.50 2 45 1.01 2.88' 0.34 tl 76.18 50.93 30 93 65.ti% 2923 2.45 L01 2 tl8r OJ4 8 75 91 50.325 50.525 65.14 29.03 245 LUI 2.tltlr 034 8 35.]1 50225 511.225 64.74 `6426 245 TAI 2.SBr 0.34 % 70.94 I03ID 103.0] 13520 `7213 245 L01 2.SSr 014 B 38.81 34873 54B75 7094 `}1.13 2,45 L01 288r 034 8 3].81 53.375 53375 6894 c 2tl.4J 2.45 LOI 2.881 0.34 % 75.11 49.325 49.325 63.54 `28.56 245 1.01 2.88r 0.34 8 35.24 49.52 49.52 fi3.8U 28.51 245 L01 2.88r 0.34 8 75.19 49.443 49.445 67.70 28.53 2.45 L01 2.88r 0.34 tl 35.21 09473 49475 63.74 2N.6tl 245 1.01 2.tltlr 034 B 33.36 49.70 49.]0 6404 20.37 2.43 1.01 2.88r 0.34 8 2].05 37.235 37.233 4742 DETERMINATION: SC-31-741-1-2000-I ISSUE DATE: February 22, 2000 F.XPIRAI'ION DATE OF DETERMINATION: May 31.2000• Efftctive until superseded by a new determination issued by the Director of Industrial Relations. Contact the Division u( Labor 9atistics and Research (415) 703-4]74 for the new m¢s afar 10 days from the expiration dme, ifnu wbsequen[ determination is issued. LOCALITY: All localities within Imperial, Inyo, Kern, Lo> Angeles, Mom, Orange, Riverside, San Bemardino, San Luis Obispo, Santa Barbara, and Ventura wunties. E I r Pa menh Stra eM-Time Oven'me Hourly Rate Clusxi Ecwion Bsic Health Pension Vacation/ Tmining Hours Tmal Daily SaNrdoy/b Hnl Way IJnurneypersun) Hourly and Holiday Hourly Sunday Rate Welfare Rate I I/2x 1 IRx 2X T ermzzu Imtaller l nrnzm Finisher $29.55 2.30 L01 1.721 23.05 2 30 L01 1.721 34.38 49155 49.733 64.13 28.08 39605 39.605 51.13 a Indicarcs an apprenlceable craft Rates for apprentices arc available in the General Prevailing Wage Apprentice Schedules. n AREA 1 -Imperial, Las Angeles, Orange, Riverside, San Bernardinq San Luis Obispo, Santa Barbara :rod Ventura counties. AREA 2 -Inyo. Kam, anD Mom wumies. fur BriJge Carpenter, ScaRuld Carpenter, Pile Driverman, Demck Bargeman, Rockslinger, Bridge or Duck Carpenteq Cable Splicer, Millwright, Head Rnokslingec Ruck Burgem ur Scowman. Diver, Wet (Up to SO Ft. Depth), Diver (Stand-By), rand Diver's' Tender rates, please see Area 1 os this rate applies to Aron 2 ns well. Basic Iluurly Roved for Area 3 include an additional emoum deJucred for vacntiuNholiday. h Saturdays In the same work week may be workeJ at straight-time rates if ajub is shut down During [he normal work week due m indemem weatheq major mechanical breakdown m lack of inuteriols beyunJ the comrol of the Employer. c When perlonning welling work requiring certifcation, carpenters and pile driven will receive an additional EL00 per hour. J Shull receive a minimum of 8 hours pay fur any day or pan Thereof e For specific rotes over 50 fl depth, contact the Division of Labor Statistics and Research. Rates fur Technicians, Manifoll Opemtars, Pressurized Submersible Operators', Remote Control Vehiule Operators, unJ Remoe Operate) Vehicle Operators, es well as rotes fur Pressurize) Bell Diving and SaNmtion Diving are available upon request. f IncluJes an amoum f r supplememal dues. RECOCNI7.ED HOLIDAYS: Holidays upon which the general prevailing hourly wage rate fm Holiday work shall be pail, shall be all holidays in the collective bargaining agreement, applicable to the particular crafq classification, or type of worker employed on the pmjecL which is on file with The Director of Industrial Relations. If the prevailing rote is not based on a wllectively bargaineJ rate, the holidays upon which the prevailing rate shall be pail shall be as provided in Section 6700 of the Government Cule. Yuu may obmin the holiday provlslons for the cortem Determinations on the Interne[ at http://www.dicca.gov/DLSR/PWD. Holiday provisions for current m supenelel Determinations may be obtained by contacting the Prevailing Wage l;ni[ a[ (415) N3-0774_ TRAVEL AND/OR SUBSISTENCE PAYMENT: In acconlance with Labor Code Sections 1773.1 and 1]]7.9, contractors shall make navel and/or subsistenm payments m each worker m execute the work. You may obuin [he travel anl/unubsistrnceptovisions for the curtem determinations on the Internet at hno'//www dir ca goy/DLSR/PWD. Travel anJ/or subsistence requirements for current or supersede) Determinations may be obtaineJ by contacting the Prevailing Wage Unit at (415) 703-47]4. 4 02 329 GENERAL PREVAILING WAGE DETERMINATION MADE BY THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER 1, ARTICLE 2, SECTIONS 1770, 1773 AND 1773.1 FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS CRAFT:#DRYWALL INSTALLER/LATHER(CARPENTER) DETERMINATION: SC-31-X-41-2002-1 ISSUE DATE: August 22, 2002 EXPIRATION DATE OF DETERMINATION: June 30, 2003** The rate to be paid for work performed after this date has been determined If work will extend beyond this date, the new rate must be paid and should be incorporated in contracts entered into now. Contact the Division of Labor Statistics and Research for specific rates at (415) 703-4774. LOCALITY: All localities within Imperial, Inyo, Kem, Los Angeles, Mono, Orange, Riverside, San Bernardino, San Luis Obispo, Santa Barbara and Ventura counties. Emolover Pavments Classification Basic Health Pension Vacation (Journeyperson) Hourly and and Rate Welfare Holiday Drywalllnstaller $29.00 2.45 $1.01 $2.88' Strai¢ht-Time Overtime Hourl Rate Training Hours Total Daily Hourly Rate 11/2X $0.34 8 $35.68 $50.18 Saturday Sunday and 11/2X 2X Holiday $50.18" $64.68 $64.68 DETERMINATION: SC-3I-X-41-2002-IA ISSUE DATE: August 22, 2002 EXPIRATION DATE OF DETERMINATION: June 30, 2003* Effective until superseded by a new determination issued by the Director of Industrial Relations. Contact the Division of Labor Statistics and Research (415) 703-4774 for the new rates after 10 days from the expiration date, if no subsequent determination is issued. Stocker, Scrapper $10.00 $2.45 - $1.888 50.34 8 $14.67 $19.67 $19.67" $24.67 $24.67 # Indicates an apprenticeable craft. Rates for apprentices are available in the General Prevailing Wage Apprentice Schedule. e Includes an amount per hour worked for supplemental dues. Rate applies to first 8 hours only. Double time thereafter. Saturdays in the same work week may be worked at straight-time if job is shut down during the normal work week due to inclement weather. RECOGNIZED HOLIDAYS: Holidays upon which the general prevailing hourly wage rate for Holiday work shall be paid, shall be all holidays in the collective bargaining agreement, applicable [o the particular craft, classification, or type of worker employed on the project, which is on file with the Director of Industrial Relations. If [he prevailing rate is no[ based on a collectively bargained rate, the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code. You may obtain the holiday provisions for the current determinations on [he Internet at http~//www dir ca eov/DLSR/PW D. Holiday provisions for current or superseded determinations may be obtained by contacting the Prevailing Wage Unit at (415) 703- 4774. TRAVEL AND/OR SUBSISTENCE PAYMENT: In accordance with Labor Code Sections 1773.1 and 1773.9, contractors shall make travel and/or subsistence payments to each worker to execute the work. You may obtain the [ravel and/or subsistence provisions for [he current determinations on [he Internet at h~~//www dir ca gov/DLSR/PWD. Travel and/or subsistence requirements for current or superseded determinations maybe obtained by contacting [he Prevailing Wage Uni[ at (415) 703-4774. 0~ 3~9 GENERAL PREVAILING WAGE DETERMMATION MADE BY THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER I, ARTICLE 2, SECTIONS 1770, 1773 AND 1773.1 FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS CRAFT: ##ELEVATOR CONSTRUCTOR DETERMINATION: SC-62-X-999-2002-2 ISSUE DATE: August 22, 2002 EXPIRATION DATE OF DETERMINATION: December 31, 2002** The rate to be paid for work performed after this date has been determined. If work will extend past this date, the new rate must be paid and should be incorporated in contracts entered into now. Contact the Division of Labor Statistics and Research for specific rates a[ (415) 703-4774. LOCALITY: All localities within Imperial, Los Angeles, Orange, Riverside, San Diego, Santa Barbara and Ventura counties. 'Portions of Kem, San Bernardino and San Luis Obispo counties are detailed below. Classification (Joumeyperson) Mechanic Mechanic (employed in industry more than 5 years') Helper` Helper (employed in industry more than 5 years) Employer Payments Straight-time Overtime Hourly Rate Basic Health Pension Vacation/ Training Hours Total Daily Saturday Sunday Hourly and Holiday Hourly and Rate Welfare Rate 1'/:X" 1'hX° Holiday $33.695 4.775 2.51 2.02 .30 8 $43.30 $60.15 $60.15 $76.995' 33.695 4.775 2.51 2.70 .30 8 43.98 60.83 60.83 77.675" 23.59 4.775 2.51 1.42 .30 8 32.595 44.39 44.39 56.1856 23.59 4.775 2.51 1.89 .30 8 33.065 44.86 44.86 56.6556 ##Craft is no[ appren[iceable. ' Applies to that portion of these counties south of the Tehachapi Line. For more information contact the Division of Labor Statistics and Research. "For paid holidays recognized in the collective bargaining agreement, employees are paid for 8 hours at straight time in addition to the Holiday rate for all hours worked. Ratio: The total number of Helpers employed shall not exceed the number of Mechanics on any one job. For more information on the use of Helpers, contact the Division of Labor Statistics and Research. `' For Contract Service work only. All other overtime is paid at [he Sunday/Holiday rate. RECOGNIZED HOLIDAYS: Holidays upon which the general prevailing hourly wage rate for Holiday work shall be paid, shall be all holidays in the collective bargaining agreement, applicable to the particular craft, classification, or type of worker employed on the project, which is on file with the Director of Industrial Relations. If the prevailing rate is not based on a collectively bargained rate, the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code. You may obtain the holiday provisions for the current determinations on the Internet at http://www.dicca.gov/DLSR/PWD. Holiday provisions for current or superseded determinations may be obtained by contacting the Prevailing Wage Unit at (415) 703-4774. TRAVEL AND/OR SUBSISTENCE PAYMENT: In accordance with Labor Code Sections 1773.1 and 1773.9, contractors shall make navel and/or subsistence payments to each worker to execute the work. You may obtain the travel and subsistence provisions for the current determinations on the Internet at www dir.ca.eov. Travel and/or subsistence requirements for the current or superseded determinations may be obtained by contacting the Prevailing Wage Unit a[ (415) 703-4774. 6 02 329 GENERAL PREVAILING WAGE DETERMINATION MADE BY THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER I, ARTICLE 2, SECTIONS 1770, 1777 AND 1773.1 FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROTECTS CRAFT: #OPERATING ENGINEER DETERMINATION: SC-23-63-2-2002-I ISSUE DATE: August 22, 2002 EXPIRATION DATE OF DETERMINATION: June 30, 2003"' The rate to be paid far work performed after this date has been determined. If work will extend past this date, the new rote must be paid and should be incorporated in contracts entered into now. Contact the Division of Labor Statistics and Research far specific rates a[ (415) 703- 7774. LOCALITY: All local itics within Imperial, Inyo, Kem, Los Angeles, Mono, Orange, Riversidq San Bernardino, San Luis Obispo, Santa Barbara, and Ventura counncs E of cr Payments Straieht -Time Overf me Hourly Rate CLASSIFICATION Basic Health Pension Vacation/ Training Other Hours Total Daily" Saturdays Sunday/ (loumeypcrson) Hourly and Holiday° Payments Hourly Holiday Rate Welfare Ratc I1/2X I1/2X 2X Classifma6on Groups° 4 70 75 3 2 75 65 - 0 8 39.70 53.625 53.625 67.55 Group I $27.85 28 63 . 4 70 . 3 75 . 75 2 . 0.65 - 8 40.48 54.795 54.795 69.11 Group 2 Group 3 . 28.92 . 4.70 . 1.75 . 2.75 0.65 - B 40.77 55.23 55.27 69.69 Group 4 30.21 4.70 3.75 2.75 0.65 - 8 42.06 57.165 57.165 72.27 Group 6 30.43 4.70 3.75 2.75 0.65 - 8 42.28 57.495 57.495 72.71 Group 8 30.54 4.70 3.75 2.75 0.65 - 8 42.39 57.66 57.66 72.93 Group 10 30.66 4.70 3.75 2.75 0.65 - 8 42.51 57.84 57.84 73.17 Group 12 30.83 4.70 3.75 2.75 0.65 - 8 42.68 58.095 58.095 73.81 Group I} 30.93 4.70 3.75 2.75 0.65 - 8 42.78 58.245 58.245 73.71 Group 14 30.96 4.70 3.75 2.75 0.65 - 8 42.81 58.29 58.29 73.77 Group IS 31.04 4.70 3.75 2.75 0.65 - 8 42.89 58.41 58.41 73.93 Group Ifi 31.16 4.70 3.75 2.75 0.65 - R 43.01 58.59 58.59 74.17 Group 17 31.33 4 70 3.75 2.75 0.65 - 8 43.16 58.845 58.845 74.51 Group 18 31 43 4.70 3.75 2.75 0.65 - 8 43.28 58.995 58.995 74.71 Group 19 31.54 4.70 7.75 2.75 0.65 - 8 47.79 59.16 59.16 74.93 Group 2U 31.66 4.70 3.75 2.75 0.65 - 8 43.51 59.34 59.34 75.17 Group 21 31.83 4.70 3.75 2.75 0.65 - 8 43.68 59595 59.595 75.51 Group 22 31.93 4.70 3 75 2.75 0.65 - 8 43.78 59.745 59.745 71.71 Group 23 32.04 4.70 3.75 2.75 0.65 - 8 43.89 59.91 59.91 75.93 Group 24 32.16 4.70 3.75 2.75 0.65 - 8 44.01 60.09 60.09 76.17 Group 2S 32.33 4.70 3.75 2.75 0.65 - 8 44.18 60.345 60.345 76.51 # Indicates un apprenticeable craft. Rates for apprentices are available in the General Prevailing Wage Apprentice Schedule. "Inc lodes an amount wit hheld for supplemental data. "For classifications with in each group, see pages 8 an d 9. ' Rutc applies n> the frst 4 overtime hours. All other daily overt ime is paid at [he Sunday rate. '' Ram applies m the first 12 hours worked. All other time is pai d at the Sunday rote. NOTE' For Special Shift and Multi-ShiQ see pages 9A and 9B RECOGNIZED HOLIDAYS: Holidays upon which the general prevailing hourly wage rate for Holiday work shall be paid, shall be all holidays in [he collective bargaining agreement, applicable [o [he particular crag, classifica[ioq or type of worker employed on the project, which is on file with the Director of Industrial Relations. Ifthc prevailing rote is not based on a collectively bargained rate, [he holidays upon which [he prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code. You may ohtain the holiday provisions for the torten[ determinations on the Intemet at http'//www d'r ca gov/DLSR/PWD. Holiday provisions for current or superseded deerminations may be obtained by contacting the Prevailing Wage Unit at (415) 703-0774. TRAVEL AND/OR SUBSISTENCE PAYMENT: In accordance with Labor Cade Sections 1773.1 and 1773.9, contractors shall make travel and/or subsistence payments to each worker to execute the work. Travel and/or subsistence requirements for each cmR, classification or type of worker may be obtained from the Prevailing Wage Unit at (415) 707-4774. You may obtain the Travel and/or subsistence provisions for the torten[ detemminations on the Intemet at http://www.dicc~ LSR/PWD. Travel and/or subsistence provisions for current or superseded determinations may be obtained by contacting the Prevailing Wage Unit a[ (415) 703-4774. -7 02 329 UEfERMINATION: SC-23-63-2-2002-1 GROUPI tlargemmv Brvkeman Compressor OperaNr Ulchwi¢h, with seal or similvv type equipmem Elevator Opemmr -Inside Engineer Oiler Forklift Operator (includes Iced, lull onimilar types -under 5 tons) Generator Opermor Generator, Pump or Compressor Plant Operator Heavy Duty Repairman Helper Pump Opemtnr Signalman Switchman GROUP2 Asphalo-Rubber Plain Opemmr (Nurse Tank Operator) Concrete Mixer Opemmr-Skip Type Conveyor Operator Ptre Forklitl Operator Qncludes load, loll or similar types -over 5 tons) Hylrosmdc Pump Opuamr Oiler Crasher (Asphal l or Concrete Plant) Petmma[ Laydown Machine R1L' Slde Dump lavk Rmvry Drill Helper IOllfeld) Screening aril Conveyor Machine Opemmr (or similar types) Skiploader(Wheel type up to 3/4 yd. without attachment) Tar I'ot Fireman Tenryorury Naming Plant Operator Trenching .Machine Oiler GROUPS A-sphnh Rubber Blend Opemmr tlubcm or similar type (Skit Steer) Equipmem Creaser (rack) PoN Ferguson (wish dragrype attachments) I lelicopter Radioman (ground) Stationary Pipe Wrapping and Cleaning Machine Operator GROUP4 Asphalt Plant Firemen dackhoe Opemmr (mini-max onimilar type) Boring Machine Operamr Boxman or Mixennan (asphalt or concrete) Chip Spreading Machine Operator Concrete Cleaning Decontamination Machine Operator Concrem Pump Operator (small portable) Dolling Machine Operator, Small Auger types (Texoma Super Economa[ic, or similar types -Hughes 1 W m 200, ur similar types -drilling depth of JO maximum) Equipmem Greaser (gre se track) Guarl Rail Pust Driver Operator Highline Cableway Signalman Hydro-Ilammer-Aero Stomper Micro Tunneling Operator (above ground tunnel) Power Concrete Curing Machine Operator Power Concrete Saw Operator I'awer - Dnvar Jumbo Form Setter Operator Puwcr Sweeper Opemmr Ruller Opemmr (mmpeningj Braced Operator (asphah or concrcm) Trsnching Machine Operemr (up m 6 R.) Vacuum ar Muck Tivck GROUP 5 fPor multi-shit rate-see page 9B) Equipmem GmaserlGrcaseTmck/MUl[i-Shift) C ROUPb Articulming Mmerinl Hauler Asphalt I'Ivm Engineer Bach Plant Opeintor Bit snatpener Concrete Joint Machine Operator (canal and similar type) Concrete Planer Opemmr Umtly Digger Deck Engine Operumr Den mkman (ddlield type) Drilling Machine Opemtoq Backe[ or Auger types (Calweld 100 bucket m similvr types -Watson 1 WO auger or similar types -Texoma JJO, SW or 6 W auger or smilar types -drilling Jepth of45' maximum) Dolling Muehine Operator (including water wells) Hydrographic Seeder Machine Operator (straw, pulp or seed) Jackson Tmek Maintainer, or similar type Kalamazoo Switch Tamper, or similar type Machine Twl Operator Maginnis Internal Full Slab Vibrator Mechanical Berm, Curb or Gutter (concrete or asphalt) Mechanical Finisher Operator (concrete, Clary-Johnson-Bidwell or similar) Micro Tunnel System Operator (below ground) Pavement Breaker Operator Road Oil Mixing Machine Operator Ruller Opemmr (asphalt or finish) Rubber-Lred Earthmoving Equipment (single engine, up to aril including 25 yds. stmck) Self-Propelled Tar Pipelining Machine Operator Skiploader Operator (crawler and wheel type, over 3/4 yds. and up to aril including 1 I/2 yds.) Slip Form Pump Operator (power driven hydraulic lifting device fur concrete (rams) Tractor Operamr-Bulldozer, Tamper-Scraper (single engine, up to 100 H.P. tlyweel and similar types, up m and including D-S and similar types) Tugger Hoist Opemtor(1 dram) Uhm Nigh Pressure Waterjet Cueing Tool System Operator Vacuum Blasting Machive Operator Welder -General GROUP 7 (for multi-shift rate, see page 9B) Weller-General (Muhl-Shift) G ROUPB Asphal[ ur Concrete Spreading Operator (romping or finishing) Asphalt Paving Machine Operator (barber greene or similar type) Asphalt-Rubber Distributor Operator Backhve Opemmr (up m and including 3/4 yds.) small ford, case or similar Cast In Place Pipe Laying Machine Operator Combination Mixer and Compresmr Operator (gunite work) Compactor Opemmr- Salf Propelled Concrete Miner Operator -Paving Crashing Plant Operamr Drill Docmr Drilling Machine Operator, Bucket or Auger types (Calweld l50 bucket or similar types - Watson 1500, 2000, 2500 auger or similar types - Texoma ]00, 800 auger or similar types -drilling depth of 60' maximum) Elevating Grader Operator Grade Checker Gradall Opemtm Grouting Machine Operator Heary Duty RepainnadPump Installer Heary Equipment Robotics Operator Kalamazoo Balliste Regulator or similar type Kalman Bel[ Loader and similar type Le Taumeau Blob Cumpacmr or similar type Loader Operator (A[hey, Euclid, Sierra and similar types) Master Environmental Maintenance Mechanic Ouie Padder or similar types P.C. 490 Sim Saw Pneumafic Concrete Placing Machine Operator (Hackley-Presswell or similar type) Pumpcrete Gun Opemml' Rumry Drill Operator (excluding caisuo type) Rubber-Tired Earth Moving Equipment Operator (single engine, caterpillar, euclid, athey wagon, end similar types wOh any and all nttvchments over 25 yds. and up to and including 50 cu. yds. stmck) Rubber-Tire) Earth Moving Equipmem Operalnr (multiple engine - up to aril including 25 yds. stmck) Rubber-Tired Scraper Operamr (self-loading paddle wheel type -John Deere. 1040 and similar single unit) Self-Propelled Curb and Gutter Machine Operaror Shuttle Buggy SklploaJer Operator (crawler and wheel type over I IR yds. up to and including 6 I/2 yds.) Soil Remedietion Plant Operator (CM1, Envimtech or Similar) Surface Healers and Planer Operamr Tractor Compressor Drill Combination Operator Tractor Operator (any type larger than D-5 - 100 Oyweel H.P. and over, or similar - bulldozer, tamper, scraper and push tractoq single engine) Tracmr Operator (boom attachments) Traveling Pipe Wrapping, Cleaning and Bending Machine Operator Trenching Machine Operator (over 6 ft. depth capacity, manufacturers rating) UIVa High Pressure Waterjet Cubing Taol System Mechanic Water Pull (companion) CROUP 9 (for mulGshiN rate, see page 9B) Heary Dury Repairman (MuhiShiR) -g- 02 DETERMINATION: SC-ZJ-6J-2-2002-I GROUP 10 Drilling Machine Operator, Backe[ m Auger types (CaIweIJ 200 B bucket onimilar types - W a[sun 3000 ur 5000 auger or similar types - Texoma 900 auger or similar types -dolling depth of 105' maximum) Dual Dmm Mixer Dynamic Compactor LUC35U ur similar types Ilenvy Duty Repairman-Welder combination Monorail Locomotive Operuwr (diesel, gas or elecmc) Momr Parrul -Blade Opearor (single engine) Multiple Engine Tanor Operomr (eucliJ and similar type - except qwd 9 cat J Pneumatic Pipe Ramming Tool and similar types Pre-suesxeJ Wrapping Machine Operaor R Opeatorx reyuireJ) Ruhber - TiaJ Binh Moving Equipment Opeawr (single engine, over SU yds. struck) Rubber ~ Tired Earth Moving Equipment Operator (multiple engine, euclid caterpillar and similar -aver 2S yds. and up to 50 yds. stmck) Tower Crane Repairman Tracmr Loadm' Opemmr (drawler anJ wheel-type over 6 In yds.) Weller- Cenilied \VauJs Mixer Operator (and similar pugmill equipmenQ GROUP I1 (f r multi-shift rote, see page 9E) Heavy Dury Rcpainnnn -Weller Combination (Muni-Shi R) Welder-CenifieJ (Multi-Shift) GROUP 12 Aura GaJer Operator Automatic Slip Form Operator Dolling Machine Opeawq Buvket m Auger types (Calwdd, auger 200 CA or similar type - Watson, auger 60W or similar types - hughes' super Juty, auger 200 or similar types -drilling Jepth of 1]5' maximum) l toe Rum or similar with compressor Mass Excavator Operator-less than ]50 cu. yds. Mechanical Finishing Machine Operator Mobile Furm Traveler Opeamr Motor Palml Operator (multi-engine) Pipe Mobile Machine Operator Rubber-Tired Earth Moving Equipment Operator (multiple engine, euclid, cateryillar and similar type, over 50 cu. yds. swek) Rubber-Tire) Self-Loading Scraper Operator (paJJle-wheel-auger type selGloaJing - Uwu R) ur more units) GROUP IJ kuhber-Tired Earth Moving Equipmem Operator.Opeating Equipment with the Push- Poll Sysem (angle engine, up to nnJ including 25 yds. swek) GROUP Iq Conal Liner Operator ('anal Trimmer Opemmr kcmote ConrrulleJ Eanh Moving Operaor (S L W per hour additional m base rate) wheel Excnvmur Operator (aver ]50 w. yds. per hour) GROUP IS Ruhher-fired Earth Moving Equipment Operatoq Operating Equipment with the Push- Pull System (single engine. cateryillar, eucliJ, athey wagon, and similar types with any and nil mmchmems over 2S yJs. and up to and ioduding 50 cu. yds. Wrack) kuhber-Tired Ranh Moving Equipmem Operator, Operating Equipment with the Push- Pull System (multiple engine-up m and including 25 yds. stmck) GItUUP 16 Rubber-Tire) Earth Moving Equipment Operator, OPeating Equipment with the Push- Pull System (single engine, over 50 yds. swek) Ruhber-TVeJ Earth Moving EquipmeN Opemmr, Operating Equipment with the Push- ILII System (multiple engine, euclid, caterpillar, anJ similar, over 25 yds. and up m SU yds. swek) M1IISCF.LLANEOUS PROVISIONS: GROUP 17 Rubber-Tired Earth Moving Equipment Operator, Opeating Equipment with the Push-Pull System (multiple engine, euciJ, cateryillaq and s'tmtiar type, over 50 cu. yds.swck) Tandem Trainor Operator (opeating crawler type waors in modem -Quad 9 anJ similar type) 329 GROUP Ig Rubber-Tired Earth Moving Equipment Opeamr, Opeating in Tandem (scrapers, belly dumps, and similar types in any mmbinatioo, exduJing compaction units- single engine, up to and induJing 25 yds. struck) GROUP 19 Rolex Concrete Belt Operaor Rubber-Tired Earth Moving Equipment Operatoq Operating in Tandem (scrapes, belly dumps, and similar types m any combination, excluding compaction units - singleengine, caterpillaq eucliJ, a[hey wagon, and similar types with any and all atmchments over 25 yds. anJ up to anJ including 50 cu. yds. swek) Rubber-Tired Earth Moving Equipment Opemmr, Operating in Tandem (scrapers, belly Jumps, anJ similar types in any combination, excluding compaction unim- multiple engines, up to and including 25 yds. s'WCk) GROUP 20 Rubber-Tire) Earth Moving Equipment Operatoq Opeating in Tandem (scapers, belly Jumps, anJ similar types in any combinatioq excluding compacton units - singleengine, over 50 yds. struck) Rubber-Tired Eanb Moving Equipment Operaor, Operating in TanJem (scmpers, belly dumps, anJ similar types in any combination, excluding companion units - mulUpleengine, eucliJ, caterpillar and similar, over 25 yds. and up to 50 yds. swek) GROUP 21 Rubber-Tired Earth Moving Equipment Opeamc Operating in Tandem (scrapes, belly dumps, and similar types m any combination, excluding compaction unim- moltiple engine, euclid, caterpillar and similar rypq over 50 cu. yds. s,mck) CROUP 22 Rubber-Tire) Earth Moving £quipmem Operator, Operating Equipmem with the Tandem Push-Pull System (single engine, up m and innuding 25 yds. struck) GROUP 2J Rubber-Tired Earth Moving Equipmem Operator, Operating Equipment with the Tandem Push-Pull System (single engine, cmeryillaq eucliJ, athey wagon. and similar types with any and all attachments over 25 yds. and up to and including SO cu. yds. mmck) Rubber-Tired Earth Moving Equipment Operator, Operating Equipment with the Tandem Push-Pull System (multiple engine, up m and induJing 25 yds. swek) GROUP 24 Rubber-Tire) Earth Moving Equipment Opeatoq Operating Equipment with the Tandem Push-Pull System (single engine, over 50 yJs. Stmck) Rubber-Tire) Earth Moving Equipment Operaruo Operating Equipment with the TanJem Push-Pull System (multiple engine, euclid, caterpillar and similar, over 25 yds. anJ up to 50 yds. stmck) GROUP 25 Concrete Pump Operator-Track Mounmd Rubber-Tired Earth Moving Equipment Operateq Operating Equipment with the Tandem Push- Pull Sptem (multiple engine, euclid, caeryillar and similar over 50 cu. yds swek) Opemtos on hoists with three Jmms shall receive fifteen cents (ISt!) per hour additional pay to the regular rate of pay. The additional pay shall be adJeJ to the regular rate anJ become the base rate for the entire shift All heavy dory repairman and heavy duty combination shall rweive twenty- five cents (25¢) per hour tool allowance m aJdition to their regular ate of pay and [his shall become their base rate of PaY Employees required to suit up and work in a hazarJous material envtmnment shall receive Two Dollars (52.00) per hour in addi0on to their regular ate of pay, and that rote shall become the basic hourly rare of pay. 9- 02 329 GENERAL PREVAILING WAGE DETERMINATION MADE BY THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER I, ARTICLE 2, SECTIONS 177Q 1773 AND 1773.1 FOR COMMERCIAL BUILDING, IiIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS CRAFT: MOPERATING ENGINEER (SPECIAL SHIFT) DETERMINATION: SC-23-63-2-2002-1 ISSUE DATE: August 22, 2002 EXPIRATION DATE OF DETERMINATION: June 30, 2001" The rate to be paid for work performed after this date has been determined. If work will extend past this dart, the new rate must be paid and should be incorporated in contracts entered into now. Contact the Division of Labor Statistics and Research (or specific rates at (415) 703-4774. LOCALITY: All localities within Imperial, Inyo, Kem, Los Angeles, Mono, Orange, Riversidq San Bernardino, San Luis Obispo, Santa Barbara, and Ventura counties. Emolovcr Pavments Straieht - T'mc Over[ me Hourly Ratc CLASSIFICATION Basic Health Pension Vacation/ Training Other Hours Total Daily" Saturday° Sunday/ (Joumcyperson) Hourly and Holiday' Payments Hourly Holiday Rate Welfare Rate I I2X I 1/2X 2X Classification Groups" Group I 528.35 4.70 3.75 2.75 0.65 - 8 40.20 54.375 54.375 68.55 Group 2 29.13 4.70 3.75 2.75 0.65 - 8 40.98 55.545 55.545 70.1 I Group 3 29.42 4.70 3.75 2.75 0.65 - 8 41.27 55.98 55.98 70.69 Group 4 30.71 4.70 3.75 2.75 0.65 - 8 42.56 57.915 57.915 73.27 Group fi 30.93 4.70 3.75 2.75 0.65 - 8 42.78 58.245 56.245 73.71 Group 8 31 04 4.70 ].75 2.75 0.65 - 8 42.89 58.41 58.41 73.93 Group 10 31.16 4.70 1.75 2.75 0.65 - 8 43.01 58.59 56.59 74.17 Group 12 31.33 4.70 7.75 2.75 0.65 - 8 43.18 58.845 58.845 74.51 Group 13 31 43 4.70 3.75 2.75 0.65 - 8 43.28 58.995 58.995 74.71 Group 14 3146 470 3.75 2.75 0.65 - 8 43.31 59.04 59.04 74.77 Gruup IS 31.54 4.70 3.75 2.75 0.65 - 8 43.79 59.16 59.16 74.93 Gruup I6 31.66 4.70 3.75 2.75 0.65 - 8 43.51 59.34 59.34 75.17 Group 17 31.83 4.70 3.75 2.75 0.65 - 8 43.68 59.595 59.595 75.51 Group 18 31.93 4.70 3.75 2.75 0.65 - 8 43.78 59.745 59.745 75.71 Group 19 72.04 4.70 3.75 2.75 0.65 - 8 47.89 59.91 59.91 75.93 Group 20 32.16 4.70 3.75 2.75 0.65 - 8 44.01 60.09 60.09 76.17 Group 21 32.33 4.70 3.75 2.75 0.65 - 8 44.18 60.145 60.345 76.51 Group 22 32.43 4.70 7.75 2.75 0.65 - 8 44.28 60.495 60.495 76.71 Group 2} 32.54 4.70 3.75 2.75 0.65 - 8 44.39 60.66 60.66 76.93 Group 24 32.66 4.70 3.75 2.75 0.65 - 8 44.51 60.84 60.84 77.17 Group 25 32.83 4.70 3.75 2.75 0.65 - B 44.68 61.095 61.095 77.51 q Indicates an apprenticeable crag. Rates far apprentices arc available in the General Prevailing Wage Apprentice Schedule. Includes an amount withheld for supplemental dues. For classifications within each group, see pages 8 and 9. `Rate applies to the firs[ 4 overtime hours. All other daily overtime is paid at the Sunday rate. Ra[c applies to the first 12 hours worked. All other time is paid at the Sunday rote. RECOGNI7,ED HOLIDAYS: Holidays upon which the general prevailing hourly wage rate for Holiday work shall be paid, shall be a ll holidays in the collective bar gaining agreement, applicable to the particular craft, classification, or type of worker employed on the project, which is on fdc with the Directo r of Industria l Relations. If the prevailing into is not based on a collectively bargained rate, the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of the Gover nment Code. You may obtain the holiday provisions for [he torten[ determinations on the Intemet a[ htm'//www dr ca.gov/DLSR/PWD. Hol iday provisions for current or supcrsedcd dcrerminntions may be obtained by contacting the Prevailing Wagc Unit at (415) 703-0774. TRAVF,L AND/OR SUBSISTENCE PAYMENT: In accordance with Labor Code Sections 1773.1 and 1773.9, contractors shall make travel and/or subsistenec pay ments m each worker m execute the work. Travel andor subsistence requirements for each crag, classification or type of worker may be obta ined from the Prevailing Wagc Uni[ at (415) 703-4774. You may obtain the Travel and/or subsistence provisions for [he torten[ determinations on [he Intemet at htto'//www d'r ca wv/DLSR/PWD. Travel and/or subsistenec provisions for current or supcrsedcd determinations may be obtained by contacting the Prevailing Wage Unit at (415) 703-4774. -9A- 02 329 GENGRAL PREVAILING WAGE DETERMINATION MADE BY THE DIRGCTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER I, ARTICLE 2, SECTIONS 1770, 1773 AND 1773.1 FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS CRAFT: gOPERATING ENGINEER (MULTI-SHIFT) DETERMINATION: SC-23-63-2-2002-1 ISSUE DATE: August 22, 2002 EXPIRATION DATE OF DETERMINATION: June 30, 2003•' The rate to be paid for work performed after this date has been determined [f work will extend past this date, the new late root be paid and should be incorporated in conVac[s entered into now. Contact [he Division of Labor Statistics and Research (or spaific rates at (415) 703-4774. LOCALITY: All localities within Imperial, Inyo, Kem, Los Angeles, Mono, Orange, Riverside, San Bernardino, San Luis Obispo, Santa Barbara, and Vcntum counties. Emolover Payments Straieht-T'me Overtime Hourly Rate CLASSIFICATION Basic Health Pension Vaca[ionl Training Other Hours° Total Daily° Saturday` Sunday/ (Journcypcrson) HOUrIy and Holiday' Payments Hourly Holiday Rate Welfare Rate I I/2X 11/2X 2X Classification Groups" Group I $28.85 4.70 3.75 2.75 0.65 - 8 40.70 55.125 55.125 69.55 Group 2 29.63 4.70 3.75 2.75 O.fiS - 8 41.48 56.295 56.295 71.1 I Group3 29.92 4.70 3.75 2.75 0.65 - 8 41.77 56.73 56.73 71.69 Group 4 31.21 4.70 3.75 2.75 0.65 - 8 43.06 58.665 58.665 74.27 Group 5 31.31 4.70 3.75 2.75 0.65 - 8 43.16 58.815 58.815 74.47 Group 6 31.43 4.70 3.75 2.75 0.65 - 8 43.28 58.995 58.995 74.71 Group 7 31.53 4.70 3.75 2.75 0.65 - B 43.38 59.145 59.145 74.91 Group 8 31.54 4.70 3.75 2.75 0.65 - B 43.}9 59.16 59.16 74.93 Group 9 31.64 4.70 3.75 2.75 0.65 - 8 43.49 59.31 59.31 75.13 Group 10 31.66 4.70 3.75 2.75 0.65 - 8 43.51 59.34 59.34 75.17 Group I I 31.76 4.70 3.75 2.75 0.65 - 8 43.61 59.49 59.49 75.37 Group 12 71.83 4.70 3.75 2.75 0.65 - $ 43.68 59.595 59.595 75.51 Group 13 31.93 4.70 3.75 2.75 0.65 - 8 43.78 59.745 59.745 75.71 Group 14 31.96 4.70 7.75 2.75 0.65 - 8 4}.gl 59.79 59.79 75.77 Group IS 32.04 4.70 3.75 2.75 0.65 - 8 43.89 59.91 59.91 75.93 Group 16 32.16 4.70 3.75 2.75 0.65 - 8 44.01 60.09 60.09 76.17 Group 17 32.33 4.70 3.75 2 75 0.65 - 8 44.18 60.345 60.345 76.51 (Troup 18 32.43 4.70 3.75 2.75 0.65 - B 44.28 60.495 60.495 76.71 Group 19 32.54 4.70 3.75 2.75 0.65 - 8 44.39 60.66 60.66 76.93 Goup 20 32.66 4.70 3.75 2.75 0.65 - 8 44.51 60.84 60.84 77.17 Grorip 21 32.83 4.70 3.75 2.75 0.65 - 8 44.68 61.095 61.095 77.51 Croup 22 32.93 4.70 3.75 2.75 0.65 - 8 44.78 6L24S 61.245 77.71 Group 21 33.04 4.70 3.75 2.75 0.65 - 8 44.89 61.41 61.41 77.93 Group 24 33.16 4.70 3.75 2.75 0.65 - 8 45.01 61.59 61.59 78.17 Group 25 33.33 4.70 3.75 2.75 0.65 - 8 45.18 fi1.845 61.845 78.51 a Indicates an apprenticcable craft. Rates (or apprentices arc available in [he General Prevailing Wage Apprentice Schedule. ' Includes an amount withheld for supplemental dues. °Thc third shift shall work 6.5 hours, exclusive of meal period, for which B hours straight-time shall be paid at th e non-shift r ate, Monday through Fr iday. `For classifications within each group, sec pages 8 and 9. ° Ra[c applies to the firs[ 4 overtime hours. All other daily overtime is paid at the Sunday rate. ` Ra[c applies to the first 12 hours worked. All other time is paid at the Sunday rote. RECOGNIZED HOLIDAYS: Holidays upon which the general prevailing hourly wage rate for Holiday work shall be paid , shall be all holidays in [he collective bargaining agreement, applicable to the particular crag, classification, or type of worker employed on the project, which is on file with [he Director of Industrial Relations. If [tic prevailing rate is not based on a collectively bargained rate, the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of the Govern ment Code. You may obtain the holiday provisions for [he curtent detemrina[ions on [he Interne[ at h[m://www.dicca. gov/DLSR/PWD. Holiday provisio ns for torten[ or superseded determinations may be obtained by contacting the Prevailing Wage Uni[ at (415) 703-0774. TRAVEL AND/OR SUBSISTENCE PAYMENT: In accordance with Labor Code Sections 1773.1 and 1773.9, contractor shall ma ke travel and/o r subsistence pay ments to cacti worker to execute the work. Travel and/or subsistence requirements for each craft, classification or type of worker may be obtained from the Prevailing Wage Uni[ at 1415) 703-4774. You may obtain the Travel and/or subsistence provisions for the curtent determinations on the I nternet a[ htto://www .dir.ca.eov/DLSR/PWD. Travel andior subsistence provisions for current or superseded determinations ntay be obtained by contacting the Prevailing Wage Uni[ at (415) 703- 4774. -9B- 02 329 GENERAL PREVAILING WAGE DETERMINATION MADE BY THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER I, ARTICLE 2, SECTIONS 1770, 1773 AND 1773.1 FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS CRAFT: # DREDGER (OPERATING ENGINEER) DETERMINATION: SC-63-12-23-2002-I ISSUE DATE: Augur[ 22, 2002 EXPIRATION DATE OF DETERMINATION: July 31, 2003** The rate to be paid for work performed after this date has been determined. If work will extend pas[ [his date, [he new rate must be paid and should be incorporated in contracts entered into now. Contact the Division of Labor Statistics and Research for specific rates at (415) 703-4774. LOCALITY: All localities within Imperial, Inyo, Kern, Los Angeles, Mono, Orange, Riverside, San Bernardino, San Diego, San Luis Obispo, Santa Barbara, and Ventura counties. Emoloyer Payments Straight-Time Overtime Hourly Rate CLASSIFICATION Basic Health Pension Vacation/ T raining Hours Total Daily Saturday Sunday Holiday (Joumeyperson) Hourly and Holiday Hourly Rate Welfare Rate I 1/2X I I/2X 2X 3X Chief Engineer, Deck Captain 531.65 4.70 3.75 '2.75 0.65 8 43.50 59.325 59.325 75.15 106.80 Leverman 34.65 4.70 3.75 '2.75 0.65 8 46.50 63.825 63.825 8L15 115.80 Watch Engineer, Welder, Deckmate 31.07 4.70 3.75 '2.75 0.65 8 42.92 58.4SS 58.455 73.99 105.06 W inchman (Stern Winch on Dredge) 30.52 4.70 3.75 '2.75 0.65 8 42.37 57.63 57.63 72.89 103.41 Fireman-Oiler, Leveehand Deckhand (can operate anchor scow under direction of mate) Bargeman 29.98 4.70 3.75 '2.75 0.65 8 41.83 56.82 56.82 71.81 IOL79 Dozer Operator 31.18 4.70 3.75 '2.75 0.65 8 43.03 58.62 58.62 74.21 I OS.39 Hydrogmphic Surveyor 3L94 4.70 3.75 '2.75 0.65 8 43.79 59.76 59.76 75.73 107.67 Barge Mate 30.59 4.70 3.75 '2.75 0.65 8 42.44 57.735 57.735 73.03 103.62 # Indicates an apprenticeable craft. Rates Cor apprentices are available in the General Prevailing Wage Apprentice Schedule. 'Includes an amount for supplemental dues. RECOGNIZED HOLIDAYS: Holidays upon which the general prevailing hourly wage rate for Holiday work shall be paid, shall be all holidays in the collective bargaining agreement, applicable [o [he particular craft, classification, or type of worker employed on the project, which is on file with the Director of Industrial Relations. If [he prevailing rate is no[ based on a collectively bargained rate, [he holidays upon which [he prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code. You may obtain the holiday provisions for [he current determinations on [he Internet at h[[p_/iwww.dir.ca.QOV/DLSR/PWD. Holiday provisions for current or superseded determinations may be obtained by contacting the Prevailing Wage Unit at (415) 703-4774. TR.4 V EL AND/OR SUBSISTENCE PAYMENT: In accordance with Labor Code Sections 1773.1 and 1773.9, contractors shall make travel and/or subsistence payments to each worker to execute the work. You may obtain the travel and/or subsistence provisions for the current determinations on the Internet at htto://www.dir.ca.eov/DLSR/PWD. Travel and/or subsistence requirements for current or superseded determinations may be obtained by convecting the Prevailing Wage Unit at (41 S) 703-4774. 10 02 3~9 GENERAL PREVAILING WAGE DETERMINATION MADE BY THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER I, ARTICLE 2, SECTIONS 1770, 1773 AND 1773.1 FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS CRAFT: NCRANES, PILE DRIVER AND HOISTING EQUIPMENT (OPERATING ENGINEER) DETERMINATION: SC-23-63-2-2002-16 ISSUE DATE: August 22, 2002 EXPIRATION DATE OF DETERMINATION: June 3Q 2003" The rate to be paid for work performed after this date has been determined. If work will extend past this date, the new rate must be paid and should be incorporated in contracts entered into now. Contact the Division of Labor Statistics and Research for s'pecitic rates a[ (415) 703-4774. LOCALITY: All localities within Imperial, Inyo, Kern, Los Angeles, Mono, Orange, Riverside, San Bernardino, San Luis Obispo, Santa Barbara, and Ventura counties. Employer Payments Straieht -Time Overtime Hourly Rate CLASSIFICATION Basic Health Pension Vacation/ Training Other Hours Total Daily` Saturday° Sunday/ (Journeypcrson) Hourly and Holiday' Payments Hourly Holiday Rate Welfare Rate I1/2X 11/2X 2X Classification Groups" Group I 29.00 4.70 3.75 2.75 0.65 - 8 40.85 55.35 55.35 69.85 Gruup 2 29.78 4.70 3.75 2.75 0.65 - 8 41.63 56.52 56.52 71.41 Group 3 30.07 4.70 3.75 2.75 0.65 - 8 41.92 56.955 56.955 71.99 Group 4 30.21 4.70 3.75 2.75 0.65 - 8 42.06 57.165 57.165 72.27 Group 5 30.43 4.70 3.75 2.75 0.65 - 8 42.28 57.495 57.495 72.71 Group 6 30.54 4.70 3.75 2.75 0.65 - 8 42.39 57.66 57.66 72.93 Group 7 30.66 4.70 3.75 2.75 0.65 - 8 42.51 57.84 57.84 73.17 Group 8 30.83 4.70 3.75 2.75 0.65 - 8 42.68 58.095 58.095 73.51 Group 9 31.00 4.70 3.75 2.75 0.65 - 8 42.85 58.35 58.35 73.85 Group 10 32.00 4.70 3.75 2.75 0.65 - 8 43.85 59.85 59.85 75.85 Group I I 33.00 4.70 3.75 2.75 0.65 - 8 44.85 6L35 61.35 77.85 Group 12 34.00 4.70 3.75 2.75 0.65 - 8 45.85 62.85 62.85 79.85 G raup 13 35.00 4.70 3.75 2.75 0.65 - 8 46.85 64.35 64.35 8L85 N Indicates an apprentieeable craft. Rates for apprentices are available in the General Prevailing Wage Apprentice Schedule. " Includes an amount withheld for supplemental dues. Far classifications' within each group, see pages 8 and 9. 'Rate applies to the first 4 overtime hours. All other daily overtime is paid at the Sunday rate. `~ Rate applies to the first 12 hours worked. AR other time is paid at the Sunday rate. NOTE: For Multi-Shift and Special-Shift, see pages 10A-1 and IOA-2. RECOGNIZED HOLIDAYS: Holidays upon which [he general prevailing hourly wage rate for Holiday work shall be paid, shall be all holidays in the collective bargaining agreement, applicable to the particular craft, classificatioq or type of worker employed on [he project, which is on file with [he Director of Industrial Relations. If [he prevailing rate is not based on a collectively bargained rate, [he holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code. You may obtain [he holiday provisions for the current determinations on the Interne[ at htto://www.dir.ca.eov/DLSR/PWD. Holiday provisions for current or superseded determinations may be obtained by contacting [he Prevailing Wage Unit a[ (415) 703-4774. TRAVEL AND/OR SUBSISTENCE PAYMENT: In accordance with Labor Code Sections 1773.1 and 1773.9, contractors shall make travel and/or subsistence payments to each worker to execute the work. Travel and/or subsistence requirements for each craft, classification or type of worker may be obtained from the Prevailing Wage Uni[ a[ (415) 703-4774. You may obtain the Travel and/or subsistence provisions for the curten[ determinations on [he Internet at httm://www.dicca.gov/DLSR/PWD. Travel and/or subsistence provisions for current or superseded determinations may be obtained by contacting the Prevailing Wage Unit nt (415) 703-4774. IOA- 02 329 DETERMINATION: SC-23-63-2-2002-IB; SC-23-63-2-2002-1B1; SC-23-63-2-2002-1B2 GROUPI Engineer Oiler GROUP2 Track Crane Oiler GROUP3 A-Frame or Winch Track Operator Ross Carrier Operator (Jobsite) GROUP 10 Crane Operator (over 50 tons, up to and including 100 ton M.R.C.) Derrick Barge Operator (over 50 tons, up to and including 100 ton M.R.C.) Hoist Operator, Stiff Legs, Guy Derrick or similar type (over 50 tons, up to and including 100 ton M.R.C.) Mobile Tower Crane Operator (over 50 tons, up to and including I00 ton M.R.C.) Tower Crane Operator and Tower Gantry GROUP4 Bridge-Type Uoloader and Turntable Operator Helicopter Hoist Operator GROUPS Hydraulic Boom Track Stinger Crane (Austin-Western or similar Type) Tugger F{Dist Operator (1 dram) GROUP6 Bridge Crane Operator Cretor Crane Operator Iloist Operator (Chicago Boom and similar type) Lift Mobile Operator Lift Slab Machine Operator (Vagtborg and similar types) Material Hoist and/or Manlift Operator Polar Gantry Crane Operator Self Climbing Scaffold (or similar type) Shovel, Backhoe, Dragline, Clamshell Operator (over 3/4 yd and up to 5 cu yds, M.R.C.) Tugger Hoist Operator (2 drum) CROUP7 Pedestal Crane Operator Shovel, Backhoe, Dragline, Clamshell Operator (over 5 cu yds, M.R.C.) Tower Crane Repairman Tugger Hoist Operator (3 drum) GROUP8 Crane Operator (up to and including 25 ton capacity) Crawler Transporter Operator Derrick Barge Operator (up [o and including 25 ton capacity) Hoist Operator, Stiff Legs, Guy Derrick or similar type (up to and iucluding 25 ran capacity) Shovel, Backhoe, Dragline, Clamshell Operator (over 7 cu yds M.A.C.) CROUPY Crane Operator (over 25 tons, up to and including 50 ton M.R.C.) Dertick Barge Operator (over 25 tons, up to and including 50 ton M.R.C.) Highline Cableway Operator Hoist Operator, Stiff Legs, Guy Derrick or similar type (over 25 ions, up m and including 50 [on M.R.C.) K-Crane Polar Crane Operator Self Erecting Tower Crane Operator Maximum Lifting Capacity ten (10) tons'. GROUP 11 Crane Operator (aver I00 tons, up [o and including 200 ton M.R.C.) Derrick Barge Operator (over 100 tons, up [o and including 200 tons M.R.C.) Flois[ Operator, Stiff Legs, Guy Derrick or similar type (over 100 tons, up to and including 200 ton M.R.C.) Mobile Tower Crane Operator (over 100 tons, up to and including 200 ton M.R.C.) GROUP I2 Crane Operator (over 200 tons, up to and including 300 tons M.R.C.) Derrick Barge Operator (over 200 tons, up to and including 300 tons M.R.C.) Hoist Operator, Stiff Legs, Guy Derrick or similar type (over 200 tons, up [o and including 300 [on M.R.C.) Mobile Tower Crane Operator (over 200 tons, up to and including 300 ton M.R.C.) GROUP I3 Crane Operator (over 300 tons) Derrick Barge Operator (over 300 tons) Helicopter Pilot Hots[ Operator, Stiff Legs, Guy Derrick or similar type (over 300 tons) Mobile Tower Crane Operator (over 300 tons) MISCELLANEOUS PROVISIONS: 1. Operators on hoists with three drams shall receive fifteen cents (ISQ) per hour additional pay to the regular rate of pay. The additional pay shall be added to the regular rate and become the base rate for the entire shift. 2. All heavy duty repairman and heavy duty combination shall receive twenty-five cents (25Q) per hour tool allowance in addition to their regular rate of pay and this shall become their base rate of pay. 3. Employees required to suit up and work in a hazardous material environment, shall receive Two Dollars ($2.00) per hour in addition to their regular rate of pay, and that rate shall became the basic hourly rate of pay. 106 02 329 GENERAL PREVAILING WAGE DETERMINATION MADE BY THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER L ARTICLE 2, SECTIONS 1770, 1773 AND 1773. I FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS CRAFT: pCRANES. PILE DRIVER AND HOISTING EQUIPMENT (OPERATING ENGINEER, MULTI SHIFT) DETERMINATION: SC-23-63-2-2002-IBI ISSUE DATE: August 22, 2002 EXPIRATION DATE OF DETERMINATION: June 30, 2003'• The rate to be paid for work performed after this date has been determined. If work will extend past this date, the new rate must be paid and should be incorporated in contracts entered into now. Contact the Division of Labor Statistics and Research for specific rates a[ (415) 703-4774. LOCALITY: All localities within [mperial, Inyo, Kem, Los Angeles, Mono, Orange, Riverside, San Bernardino, San Luis Obispo, Santa Barbara, and Venmm counties. Employer Payments Straight-Time Overtime Hourly Rate CLASSIFICATION Basic Health Pension Vacation/ Training Other Hours" Total Daily° Saturday` Sunday/ (Joumeyperson) Hourly and Holiday° Payments Hourly Holiday Rate Welfare Rate 11/2X 1 I/2X 2X Classification Groups" Group 1 $30.00 4.70 3.75 2.75 0.65 - 8 41.85 56.85 56.85 71.85 Group 2 30.78 4.70 3.75 2.75 0.65 - 8 42.63 58.02 58.02 73.41 Group 3 31.07 4.70 3.75 2.75 0.65 - 8 42.92 58.455 58.455 73.99 Group 4 31.21 4.70 3.75 2.75 0.65 - 8 43.06 58.665 58.665 74.27 Group 5 31.43 4.70 3.75 2.75 0.65 - 8 43.28 58.995 58.995 74.71 Group 6 31.54 4.70 3.75 2.75 0.65 - 8 43.39 59.16 59.16 74.93 Group? 31.66 4.70 3.75 2.75 0.65 - 8 43.51 59.34 59.34 75.17 Group 8 31.83 4.70 3.75 2.75 0.65 - 8 43.68 59.595 59.595 75.51 Group 9 32.00 4.70 3.75 2.75 0.65 - 8 43.85 59.85 59.85 75.85 Group 10 33.00 4.70 3.75 2.75 0.65 - 8 44.85 61.35 61.35 77.85 Group I I 34.00 4.70 3.75 2.75 0.65 - 8 45.85 62.85 62.85 79.85 Group 12 35.00 4.70 3.75 2.75 0.65 - 8 46.85 64.35 64.35 81.85 Group 13 36.00 4.70 3.75 2.75 0.65 - 8 47.85 65.85 65.85 83.85 # Indicates an apprenticeable craft. Rates for apprentices are available in [he General Prevailing Wage Apprentice Schedule. "Includes an amount withheld for supplemental dues. 'The third shift shall work 6.5 hours, exclusive of meal period, for which 8 hours straight-time shall be paid at the non-shift rate, Monday through Friday. For classifications within each group, see page IOB. '~ Rate applies to the first 4 overtime hours. All other daily overtime is paid at the Sunday rate. ` Ra[e applies to [he firs[ 12 hours worked. All other time is paid at the Sunday rate. RECOGNIZED HOLIDAYS: Holidays upon which the general prevailing hourly wage rate for Holiday work shall be paid, shall be all holidays in the collective bargaining agreement, applicable [o [he particular craft, classification, or type of worker employed on the project, which is on file with the Director of Industrial Relations. If the prevailing rate is not based on a collectively bargained rate, the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code. You may obtain the holiday provisions for the current determinations on the intemet at httn://www.dir.ca.eov/DLSR/PWD. Holiday provisions for current or superseded determinations may be obtained by contacting the Prevailing Wage Uni[ a[ (415)703-4774. TRAVEL AND/OR SUBSISTENCE PAYMENT: M accordance with Labor Code Sections 1773.1 and 1773.9, contractors shall make [ravel and/or subsistence payments to each worker to execute the work. Travel and/or subsistence requirements for each craft, classification or type of worker may be obtained from the Prevailing Wage Unit at (41S) 703-4774. You may obtain the Travel and/or subsistence provisions for the current determinations on the Interne[ a[ http://www.dir.ca.¢ov/DLSR/PWD. Travel and/or subsistence provisions for current or superseded de[ertnina[ions may be obtained by contacting the Prevailing Wage Unit a[ (415) 703-4774. lOA-I- 0~ 3~9 GENERAL PREVAILING WAGE DETERMINATION MADE BY THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER I, ARTICLE 2, SECTIONS 1770, 1773 AND 1773.1 FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS CRAFT: #CRANES, PILE DRIVER AND HOISTING EQUIPMENT (OPERATING ENGINEER, SPECIAL SHIFT) DETERMINATION: SC-23-63-2-2002-1B2 ISSUE DATE: August 22, 2002 EXPIRATION DATE OF DETERMINATION: June 30, 2003** The rate to be paid for work performed after this date has been determined. If work will extend past this date, the new rate must be paid and should be incorporated in contracts entered into now. Contact the Division of Labor Statistics and Research for specific rates at (415) 703-4774. LOCALITY: All localities within Imperial, Inyq Kern, Los Angeles, Mono, Omnge, Riverside, San Bernardino, San Luis Obispo, Santa Barbara, and Ventura counties. Emmlover Pavmen[s Straieht -Time Overtime Hourly Ra[e CLASSIFICATION Basic Health Pension Vacation/ Training Other Hours Total Daily` Samrday° Sunday/ (Journeyperson) Hourly and Holiday Payments Hourly Holiday Rate Welfare Rate 1 I/2X I I/2X 2X Classification Groups Group I 29.50 4.70 3.75 2.75 0.65 - 8 41.35 56.10 56.10 70.85 Group ? 30.25 4.70 3.75 2.75 0.65 - 8 42.13 57.27 57.27 72.41 Group 3 30.57 4.70 3.75 2.75 0.65 - 8 42.42 57.705 57.705 72.99 Group 4 30.71 4.70 3.75 2.75 0.65 - 8 42.56 57.915 57.915 73.27 Group 5 30.93 4.70 3.75 2.75 0.65 - 8 42.78 58.245 58.245 73.71 Group 6 31.04 4.70 3.75 2.75 0.65 - 8 42.89 58.41 58.41 73.93 Group 7 31.16 4.70 3.75 2.75 0.65 - 8 43.01 58.59 58.59 74.17 Group 8 31.33 4.70 3.75 2.75 0.65 - 8 43.18 58.845 58.845 74.51 Group 9 31.50 4.70 3.75 2.75 0.65 - 8 43.35 59.10 S9.I0 74.85 Group 10 32.50 4.70 3.75 2.75 0.65 - 8 44.35 60.60 60.60 76.85 Group 1 I 33.50 4.70 3.75 2.75 0.65 - 8 45.35 62.10 62.10 78.85 Group 12 34.50 4.70 3.75 2.75 0.65 - 8 46.35 63.60 63.60 80.85 Group 13 35.50 4.70 3.75 2.75 0.65 - 8 47.35 65.10 65.10 82.85 # indicates' an apprenticeable craft. Rates for apprentices are available in the General Prevailing Wage Apprentice Schedule. "Includes an amount withheld for supplemental dues. For classifications within each group, see pages 8 and 9. `Rate applies to the first 4 overtime hours. All other daily overtime is paid at the Sunday rate. Rate applies to the firs[ 12 hours worked. All other time is paid a[ [he Sunday rate. RECOGNIZED HOLIDAYS: Holidays upon which the general prevailing hourly wage rate for Holiday work shall be paid, shall be all holidays in the collective bargaining agreement, applicable to the particular craft, classification, or type of worker employed on the project, which is on file with the Director of Industrial Relations. if the prevailing mte is not based on a collectively bargained rate, [he holidays upon which [he prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code. You may obtain the holiday provisions for [he curent determinations on [he Internet at httn://www.dir.ca.eov/DLSR/PWD. Floliday provisions for current or superseded determinations may be obtained by contacting the Prevailing Wage Unit at 1415) 703-4774. TRAVEL ANU/OR SUBSISTENCE PAYMENT: In accordance with Labor Code Sections 1773.1 and 1773.9, conVactors shall make travel ancL'or subsistence payments to each worker to execute the work. Travel and/or subsistence requirements for each craft, classification or type of worker may be obtained fiom [he Prevailing Wage Unit at (415) 703-4774. You may obtain [he Travel and/or subsistence provisions for the current determinations on [he Interne[ at http://www.dir.ca.eov/DLSR/PW D. Travel and/or subsistence provisions for curent or superseded determinations may be obtained by contacting the Prevailing Wage Unit at (415) 703-4774. -10A-2- 02 329 GENERAL PREVAILING WAGE DETERMINATION MADE BY THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER 1, ARTICLE 2, SECTIONS 1770, 1773 AND 1773.1 FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS CRAFT: # LANDSCAPE OPERATING ENGINEER DETERMINATION: SC-63-12-33-2002-2 ISSUE DATE: August 22, 2002 EXPIRATION DATE OF DETERMINATION: September 3Q 2002*' The rate to be paid for work performed after this date has been determined. If work will extend past this date, the new rate must be paid and should be incorporated in contracts entered into now. Contact the Division of Labor Statistics and Research for specific rates a[ (415) 703-4774. LOCALITY: All localities within Imperial, Inyo, Kem, Los Angeles, Mono, Orange, Riverside, San Bernardino, San Diego, San Luis Obispo, Santa Barbara, and Ventura Counties. Employer Payments CLASSIFICATION (JOURNEYPERSON) Basic Health Pension Vacation Training Hourly and Rate Welfare Landscape Operative Engineer Backhoe Operators Forklifts-T[ee Planting Equipment Qobsite) HDR Welder-Landscape, Irrigation, Operating Engineers' Equipment Roller Operators' Rubber-Tired & Track Earthmoving Equipment Skiploader Operators Trencher-31 Horsepower and up $22.91 4.30 3.75 and Holiday "2.65 "0.60 Straight-Time Overtime Hourly Rate Hours Total Daily Sunday Holiday Hourly Rate 1 I/2X 2X 3X S 34.21 `45.665 57.12 80.03" # Indicates- an apprenticeable craft. Rates for apprentices are available in the General Prevailing Wage Apprentice Schedules. "Includes an amount per hour worked for supplemental dues. Includes 10¢ for journeyman retraining. `Rate applies to the first four overtime hours daily and the firs[ twelve hours on Saturday. Thereafter use the Sunday overtime rate. All work performed on a dewatering operation on holidays and all other work on holidays except Labor Day and the 1st Saturday following the I st Friday in the months of June and December is paid at Sunday rate. RECOGNIZED HOLIDAYS: Holidays upon which the general prevailing hourly wage rate for Holiday work shall be paid, shall be all holidays in the collective bargaining agreement, applicable [o the particular craft, classification, or type of worker employed on [he project, which is on file with the Director of Industrial Relations. If the prevailing rate is no[ based on a collectively bargained rate, the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of [he Govemmen[ Code. You may obtain the holiday provisions for the current determinations on the In[emet a[ h[tp://www.dirca.gov/DLSR/PWD. Holiday provisions for current or superseded determinations may be obtained by contacting the Prevailing Wage Uni[ at (415) 703-4774. TRA VEL ANU/OR SUBSISTENCE PAYMENT: In accordance with Labor Code Sections 1773.1 and 1773.9, contractors shall make travel and/or subsistence payments [o each worker [o execute the work. You may obtain the travel and/or subsistence provisions for [he current determinations on the Internet at http://www.dir.ca.eov/DLSR/PWD. Travel and/or subsistence requirements for current or superseded determinations may be obtained by contacting the Prevailing Wage Unit at (415) 703-4774. 10-C 02 329 GENERAL PRF,VAILING WAGE DETERMINATION MADE BY THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER I, ARTICLE 2, SECTIONS 1770, 1773 AND 1773.1 FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS CRAFT: gTUNNEL (OPERATING ENGINEER) DETERMINATION: SC-21-63-2-2002-2C ISSUE DATE: August 22, 2002 EXPIRATION DATE OF DETERMINATION: June 30, 2003"' The rate to be paid for work pertonned otter this date has been detemrined. If work will extend past this date, the new rate must be paid and should be incorporated in contracts entered into now. Contact the Division of Labor Statistics and Research for specific rates at (415) 703-0774. LOCALITY: All localities within Imperial, Inyo, Kem, Los Angeles, Mono, Orange, Riverside, Ban Bernardino, San Luis Obispo, Santa Barbara, and Ventura counties. Emolover Pavments Straieht-Time Overtime Hourly Ra[e CLASSIFICATION Basic Health Pension Vacation/ Training Other Hours Total Daily° Saturday` Sunday/ (lourncyperson) Hourly and Holiday' Payments Hourly Holiday Rate Welfare Rate I I/2X 1I/2X 2X Classification Groups Group I 529.50 4.70 1.75 2.75 0.65 - B 41.35 56.10 56.10 70.85 Group 2 30.28 4.70 3.75 2.75 0.65 - 8 42.13 57.27 57.27 72.41 Group 3 30.57 Y70 3.75 2.75 0.65 - B 42.42 57.705 57.705 72.99 Gmup4 30.71 4.70 3.75 2.75 0.65 - 8 42.56 57.915 57.915 73.27 Group 5 30.93 4.70 3.75 2.75 0.65 - 8 42.78 58.245 58.245 73.71 Group 6 31.04 4.70 3.75 2.75 0.65 - 8 42.89 58.41 58.41 73.91 Group 7 } 1.16 4.70 3.75 2.75 0.65 - 8 43.01 58.59 58.59 74.17 Group % 31.33 4.70 3.75 2.75 0.65 - 8 43.18 58.845 58.845 74.51 Group 9 31 46 4.70 3.75 2.75 0.65 - 8 43.31 59.04 59.04 74.77 w Indicates an apprenticeable craft. Rates for apprentices are available in the General Prevailing Wage Apprentice Schedule. " Includes an amount withheld (or supplemental dues. " Ratc applies to the fns[ 4 overtime hours. All other daily overtime is paid a[ the Sunday rate. ` Rate applies to the first 12 hours worked. All other time is paid a[ [he Sunday rate. RF-COGNIZED HOLIDAYS: Holidays upon which the general prevailing hourly wage rate for Holiday work shall be paid, shall be all holidays in the collective bargaining agreement, applicable to the particular crag, classification, or type of worker employed on [he project, which is on file with the Director of Industrial Relations. If the prevailing rate is no[ based on a collectively bargained rate, the holidays upon which [he prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code. You may obtain the holiday provisions for the current determinations on the Interact at htlp://www.dicca.eov/DLSR/PWD. Holiday provisions for current or superseded determinations may be obtained by contacting the Prevailing Wago Unit at (415) 703-0774. TRAVEL AND/OR SUBSISTENCE PAYh1ENT: In accordance with Labor Code Sections 1773.1 and 1773.9, connaclors shall make [ravel and/or subsistence payments to each worker w execute the work. Travel and/or subsistence requirements for each croft, classification or type of worker may be obtained from the Prevailing Wage Unit at (415) 703-0774. You may obtain the Travel and/or subsistence provisions for the current detennina[ions on the Intemet a[ h[ro://www.dicca.¢ov/DLSR/PWD. Travel and/or subsistence provisions for current or superseded determinations may be obtained by contacting [he Prevailing Wage Unit at (415) 703-4774. CLASSIFICATIONS Group 1 licavy Duty Repairman liclper rou 2 Skiploadcr (wheel type up to 3/4 yd. without attachmrnt) Gr> auo 5 Bit Sharpener Equipment Greaser (Grease Truck) Instrumcntman Slip Form Pump Operamr (power driven hydraulic lifting device for wncrete Corms) Tugger Hoist Operator (1 drum) Tunnel Locomotive Operator (over 10 and up to and including 30 tans) Welder-General Loader Operator (Athcy, Euclid, Sierra and similar types) Mucking Machine Operator (I /4 yd robber tired, mil or Vack type) Pneumatic Concrete Placing Machine Operator (Hacklcy-Presswcll or similar type) Pneumatic Heading Shield (Tunnel) Pumpcrete Gun Operator Tractor Compressor Drill Combination Operator Tugger Hoist Operator (2 drum) Tunnel Lowmotive Opcretor (over 30 tons) GrG uu~3 Chainmsn Power-0river Jumbo Fornt Setter Opcramr Grp Dinkcy Locoiuotivc or Motorman (up to and including 10 mns) Rodman Group 6 Backhoc Operator (up and including 3/4 yd.) Small Ford, Case or similar Drill Doctor Grouting Machine Operator Heading Shield Operator Heavy Duty Repairman Jumbo Pipc Carrier GrG Heavy Duty Repairman-WCldcr Combination GrG Party Chief GrG Tunnel Mole Baring Machine Operator bIISCELLANE0U5 PROVISIONS: L Operamrs on hoists with three drums shall rcccivc fifteen cents (ISQ) per hour additional pay to the regular rate ofpay. The additional pay shall be added m the regular rate and become [he base rate for the entire shift. 2. All heavy-duty repairmen and duty repairmen-welder combination shall receive twenty-five cents (25¢) per hour tool allowance in addition to their regular rate of pay and this shall become their base rate ofpay. 3. Employees required to suit up and work in a hazardous material environment, shall rcccivc Two Dollars ($2.00) per hour in addition to their regular rate of pay. and that rate shall become the basic hourly rate of pay. _IO_p- 02 329 GENERAL PREVAILING WAGE DETERMINATION MADE BY THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER I, ARTICLE 2, SECTIONS 1770, 1773 AND 1773.1 FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS CRAFT: #BUILDING/CONSTRUCTION INSPECTOR AND FIELD SOILS AND MATERIAL TESTER DETERMINATION: SC-23-63-2-2002-1D ISSUE DATE: August 22, 2002 EXPIRATION DATE OF DETERMINATION: June 30, 2003** The rate to be paid for work performed after this date has been determined. If work will extend past this date, the new rate must be paid and should be incorporated in contracts entered into now. Contact [he Division of Labor Statistics and Research for specific rates a[ (415) 703-4774. LOCALITY: All localities within Imperial, lnyo, Kern, Los Angeles, Mono, Orange, Riverside, San Bernardino, San Luis Obispo, Santa Barbara, and Ventura counties. Employer Payments Straight-Time Overtime Hourly Rate CLASSIFICATION Basic Health Pension Vacation/ Training Other Hours Total Daily Saturday Sunday/ (Journeyperson) Hourly and Holiday' Payments Hourly Holiday Rate Welfare Rate I 1/2X 11/2X 2X Building Constructi on Inspector 30.21 4.70 3.75 2.75 0.65 -- 8 42.06 657.165 `57.165 72.27 Field Soils and Materials Tester 28.63 4.70 3.75 2.75 0.65 -- 8 40.48 654.795 `54.795 69.1 I # Indicates an appren[iceable craft. Rates for apprentices are available in the General Prevailing Wage Apprentice Schedules. Includes an amount withheld for supplemental dues. 6 Rate applies to the first 4 overtire hours. All other daily overtime is paid at the Sunday rate. `Rate applies to [he firs[ 12 hours worked. All other time is paid at [he Sunday rate. RECOGNI"LED HOLIDAYS: Holidays upon which the general prevailing hourly wage rate for Holiday work shall be paid, shall be all holidays in the collective bargaining agreement, applicable to the particular craft, classification, or type of worker employed on the project, which is on file with the Director of Industrial Relations. If the prevailing rate is not based on a collectively bargained mte, the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code. You may obtain the holiday provisions for the current determinations on the Internet at http://www,dir.ca.eov/DLSR/PWD. Holiday provisions for current or superseded determinations may be obtained by contacting the Prevailing Wage Unit a[ (415) 703-4774. TRAVEL AND/OR SUBSISTENCE PAYMENT: In accordance with Labor Code Sections 1773.1 and 1773.9, contractors shall make travel and/or subsistence payments to each worker to execute the work. You may obtain the Travel and/or subsistence provisions for the current determinations on the Internet at http://www.dicca.eov/DLSR/PWD. Travel and/or Subsistence provisions for current or superseded determinations may be obtained by contacting the Prevailing Wage Uni[ at (415) 703-4774. l0E 02 329 GENERAL PREVAILING WAGE DETERMINATION MADE BY THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER 1, ARTICLE 2, SECTIONS 1770, 1773 AND (773.1 FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS CRAFT: LANDFILL WORKER (OPERATING ENGINEER) DETERMINATION: SC-63-12-41-2001-I ISSUE DATE: August 22, 2001 EXPIRATION DATE OF DETERMINATION: July 24, 2002• Effective until superseded by a new determination issued by the Director of Industrial Relations. Contact the Division of Labor Statistics and Research at (415) 703-4774 for the new rates after 10 days from the expiration date, if no subsequent determination is issued. LOCALITY: All localities within Imperial, Inyo, Kem, Los Angeles-, Mono, Orange, Riverside, San Bernardino, San Diego, San Luis Obispo, Santa Barbara, and Ventura Counties. Emolover Payments Straieht-Time Overtime Hourly Rate CLASSIFICATION Basic Health Pension Vacation/ Training Other Hours Total Daily Saturday` Sunday/ (Joumeypcrson) Hourly and Holiday Paymentss Hourly Holiday Rate Welfare' Rate I I/2X 1 I/2X 2X Mechanic $22.15 $4.21 $1.05 $1.78 $.06 $3.80 8 $33.05 $44.125 $44.125 $SS.20 Lead Equipment Operator 20.15 4.12 .9S 1.61 .06 3.44 8 30.33 40.405 40.405 50.48 Lead Tmck Driver/ Equipment Operator 19.15 4.07 .90 1.52 .06 3.26 8 28.96 38.535 38.535 48.1 I Truck Driver- End Dmnp/Walking - Floor/Low Bed 18.15 4.02 .85 1.44 .06 3.08 8 27.60 36.675 36.675 45.75 Truck Driver - Roll Off/Transfer Station Loader Operator/Maintenance/ Fueler/Mechanic Helper 17.15 3.98 .80 1.35 .06 2.90 8 26.24 34.815 34.815 43.39 Scale House 16.15 3.93 .75 1.27 .06 2.72 8 24.88 32.955 32.955 41.03 Load Checker/Water Tmck Drivcr/Parts Runner 11.15 3.70 .50 .85 .06 1.81 8 18.07 23.645 23.645 29.22 Laborer 9.15 3.61 .40 .68 .06 1.45 8 15.35 19.925 19.925 24.50 'Includes an amount for Sick Leave. c Amount for employee stock ownership. Rate applies to the sixth consecutive day of work. RECOGNIZED HOLIDAYS: Holidays upon which the general prevailing hourly wage rate for Holiday work shall be paid, shall be all holidays in the collective bargaining agreement, applicable to the particular craft, classification, or type of worker employed on the project, which is on file with [he Director of Industrial Relations'. If the prevailing rate is no[ based on a collectively bargained rate, the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code. You may obtain the holiday provisions for the curtent determinations on [he Intemet a[ http://www.dir.ca.eov/DLSR/PWD. Holiday provisions for current or superseded determinations may be obtained by contacting the Pree~ailing Wage Unit a[ (415) 703-4774. TRAVEL AND/OR SUBSISTENCE PAYMENT: In accordance with Labor Code Sections 1773.1 and 1773.9, contractors shall make travel and/or subsistence payments to each worker to execute the work. You may obtain the travel and/or subsistence provisions for the current determinations on the Intemet at http//www.dv.ca.gov/DLSR/PWD. Travel and/or subsistence requirements for each craft, classification or type of worker may be obtained from the Prevailing Wage Uni[ a[ (41 S) 703-4774. lOF 02 329 GENERAL PREVAILING WAGE DETERMINATION MADE BY THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER 1, ARTICLE 2, SECTIONS 1770, 1773 AND 1773. t FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS CRAFT: #BUILDING/CONSTRUCTION INSPECTOR AND FIELD SOILS AND MATERIAL TESTER (SPECIAL SHIFT) DETERMINATION: SC-23-63-2-2002-1DI ISSUE DATE: August 22, 2002 EXPIRATION DATE OF DETERMINATION: June 3Q, 2003** The rate to be paid for work performed after this date has been determined. If work will extend past this date, [he new rate must be paid and should be incorporated in contracts entered into now. Contact [he Division of Labor Statistics and Research for specific rates a[ (4I5) 703-4774. LOCALITY: All localities within Imperial, Inyo, Kem, Los Angeles, Mono, Orange, Riverside, San Bernardino, San Luis Obispo, Santa Barbara, and Ventura counties. Employer Pavments Stra~ht-Time Overtime Hourly Rate CLASSIFICATION Basic Health Pension Vacation/ Training Other Hours Total Daily Saturday Sunday/ (lourneyperson) Hourly and Holiday' Payments Hourly Holiday Rate Welfare Rate 11/2X 11/2X 2X Building Construction Inspector 30.71 4.70 3.75 2.75 0.65 -- 8 42.56 "57.915 `57.915 73.27 Field Soils and Materials Tester 29.13 4.70 3.75 2.75 0.65 -- 8 40.98 "55.545 `55.545 70.11 # Indicates an appren[iceable craft. Rates for apprentices are available on the General Prevailing Wage Apprentice Schedules. "Includes an amount withheld for supplemental dues. s Rate applies to the first 4 overtime hours. All other daily overtime is paid at the Sunday rate. Rate applies to the first 12 hours worked. All other time is paid at the Sunday rate. RECOGNIZED HOLIDAYS: Holidays upon which the general prevailing hourly wage rate for Holiday work shall be paid, shall be all holidays in [he collective bargaining agreement, applicable [o the particular craft, classification, or type of worker employed on [he project, which is on file with the Director of Industrial Relations. If [he prevailing rate is no[ based on a collectively bargained rate, [he holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of the Govertunent Code. You may obtain the holiday provisions for the current determinations on the Interne[ a[ http://www.dir.ca.eov/DLSR/PWD. Holiday provisions for current or superseded determinations may be obtained by contacting the Prevailing Wage Uni[ at (415) 703-4774. TRAVEL AND/OR SUBSISTENCE PAYMENT: In accordance with Labor Code Sections 1773.1 and 1773.9, contractors shall make travel and/or subsistence payments to each worker to execute the work. You may obtain the Travel and/or subsistence provisions for the current determinations on the Interne[ at http://www.dicca.ROV/DLSR/PWD. Travel and/or Subsistence provisions for current or superseded determinations may be obtained by contacting the Prevailing Wage Uni[ at (415) 703-4774. 10-G 02 329 GENERAL PREVAILING WAGE DETERMINATION MADE BY THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER I, ARTICLE 2, SECTIONS 177Q 1773 AND !773.1 FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS CRAFT: #BUILD[NG/CONSTRUCTION INSPECTOR AND FIELD SOILS AND MATERIAL TESTER (MULTI-SHIFT) DETERMINATION: SC-23-63-2-2002-1D2 ISSUE DATE: August 22, 2002 EXPIRATION DATE OF DETERMINATION: June 30, 2003•' The rate [o be paid for work performed after [his date has been determined. If work will extend past this date, the new rate must be paid and should be incorporated in contracts entered into now. Contact the Division of Labor Statistics and Research for specific rates a[ (415) 703-4774. LOCALITY: All localities within Imperial, Inyo, Kem, Los Angeles, Mono, Orange, Riverside, San Bernardino, San Luis Obispo, Santa Barbara, and Ventura counties. Em to er Pa menu Strai hg [-Time Overtime Hourly Rate CLASSIFICATION Basic Health Pension Vacation/ Training Other Hours° Total Daily Saturday Sunday/ (Joumeyperson) Hourly and Holiday' Payments Hourly Holiday Rate Welfare Rate 11/2X I I/2X 2X Building Constructi on Inspector 31.21 4.70 3.75 2.75 0.65 -- 8 43.06 `58.665 °58.665 74.27 Field Soils and Materials Tester 29.63 4.70 3.75 2.75 0.65 -- 8 41.48 `56.295 °56.295 71.11 # Indicates an apprenticeable craft. Rates for apprentices are available on the General Prevailing Wage Apprentice Schedules. Includes an amount withheld for supplemental dues. "The third shift shall work 6.5 hours, exclusive of meal period, for which 8 hours straight-time shall be paid at [he non-shift rate, Monday through Friday. Rate applies to the first 4 overtime hours. All other daily overtime is paid at the Sunday rate. ~ Rate applies to the first 12 hours worked. All other time is paid at the Sunday rate. RECOGNIZED HOLIDAYS: Holidays upon which the general prevailing hourly wage rate for Holiday work shall be paid, shall be all holidays in the collective bargaining agreement, applicable [o the particular craft, classification, or type of worker employed on the project, which is on file with the Director of Industrial Relations. If the prevailing rate is not based on a collectively bargained rate, the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of [he Government Code. You may obtain the holiday provisions for the current determinations on the Internet at h[[o://www.dir ca gov/DLSR/PWD. Holiday provisions for current or superseded determinations may be obtained by contacting the Prevailing Wage Unil a[ (415) 703-4774. TRAVEL AND/OR SUBSISTENCE PAYMENT: In accordance with Labor Code Sections 1773.1 and 1773.9, contractors shall make travel and/or subsistence payments to each worker to execute the work. You may obtain the Travel and/or subsistence provisions for the current determinations on the Internet at htto://www.dir ca eov/DLSR/PWD. Travel and/or Subsistence provisions for current or superseded de[emminations may be obtained by contacting the Prevailing Wage Unit at (415) 703-4774. 10-H 02 X29 GENERAL PREVAILMG WAGE DETERMINATION MADE BY THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER 1, ARTICLE 2, SECTIONS 1770, 1773 AND 1773.1 FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS CRAFT: LIGHT FIXTURE MAINTENANCE DETERMINATION: SC-61-441-2-2002-2 ISSUE DATE: August 22, 2002 EXPIRATION DATE OF DETERMINATION: November 30, 2002' Effective until superseded by a new determination issued by the Director of Industrial Relations. Contact the Division of Labor Statistics and Research at (415) 703-0774 for the new rates after 10 days from the expiration date, if no subsequent determination is issued. LOCALITY: All localities within Orange Counry. For other counties please contact the Division of Labor Statistics and Research prior to Bid Advertisement at (415) 703-4774 Employer Pavments S[raieh[-Time Overtime Hourly Rate CLASSIFICATION Basic Health Pension Vacation Training Hours' Total Daily Sunday (Journeyperson) Hourly and and Hourly Holiday" Rate Welfare Holiday Ra[e I I/2X 2X Maintenance Electrician $20.27 3.30 3.05 a b .25 8 27.48 37.92 48.36 Outdoor Lighting Technician $18.62 3.30 3.05 a b .25 8 25.78 35.37 44.96 Serviceman Stan $10.54 2.05 .75 a b .25 8 13.91 19.33 24.76 6 months $ I L57 2.05 .75 a b .2S 8 14.97 20.93 26.88 12 months $12.37 2.05 .75 a b .25 8 15.79 22.16 28.53 IR months $14.15 2.05 .75 a b .25 8 17.62 24.91 32.20 24 months $15.84 2.05 .75 a b .25 8 19.37 27.52 35.68 Fixture Cleaner` Start $ 7.28 2.05 .75 a b .25 8 10.55 14.30 18.05 3 months $ 7.91 2.OS .75 a b .25 8 11.20 15.27 19.34 9 months $ 9.01 2.OS .75 a b .25 8 12.33 16.97 21.61 12 months $10.73 2.05 .75 a b .25 8 14.10 19.63 25.15 ^) In addition, an amount equal to 3 °/ of the Basic Hourly Rate is added to the Total Hourly Rate and Overtime Hourly Rates for the National Employees Benefit Board. b) Vacation/Holiday pay is included in straight-time hourly rate. Double time is paid for work on the following holidays: New Year's Day, Memorial Day, Fourth of July, Labor Day, Veteran's Day, Thanksgiving Day, Day after Thanksgiving, and Christmas' Day. c) An additional 50.95/hour when performing re-ballasting work. Applies to each time period of the Fixture Cleaner classification. RECOGNIZED HOLIDAYS: Holidays upon which the general prevailing hourly wage rate for Holiday work shall be paid, shall be all holidays in the collective bargaining agreement, applicable to the particular craft, classification, or type of worker employed on the project, which is on file with [he Director of Industrial Relations. If the prevailing rate is not based on a collectively bargained rate, the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code. You may obtain [he holiday provisions for the current determinations on the Interne[ at http://www.dicca. gov/DLSR/PWD. Holiday provisions for current or superseded determinations may be obtained by contacting the Prevailing Wage Unit at (415) 703-4774. TRAVEL AND/OR SUBSISTENCE PAYMENT: In accordance with Labor Code Sections 1773.1 and 1773.9, contractors shall make travel and/or subsistence payments to each worker to execute [he work. Travel and/or subsistence requirements for each craft, classification or type of worker may be obtained from the Prevailing Wage Unit at (415) 703-4774. 02 ~~ GENERAL PREVAILING WAGE DETERMMATION MADE BY THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER 1, ARTICLE 2, SECTIONS 177Q 1773 AND 1773.1 FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS CRAFT: LIGHT FIXTURE MAINTENANCE DETERMINATION: SC-61-569-20-2000-I ISSUE DATE: February 22, 2000 EXPIRATION DATE OF DETERMINATION: April I, 2000• Effective until superseded by a new determination issued by the Director of Industrial Relations. Co ntact the Division of Lab or Statistics a nd Research at (4I5) 703-4774 for [he new rates after 10 days from the expiration date, if no subsequent determ ination is issued. LOCALITY: All localit ies within Imperial and San D iego cou nty. For other counties please contact the Divi sion of Labor Statistics and Research prior to Bid Advertiseme nt at (415) 703- 4774. Employer Pavmen[s S[rai¢h[-Time Overtime Hourly Rate CLASSIFICATION Basic Health Pension Vacation Training Hours Total Daily Sixth Seventh (Joumeyperson) Hourly and and Hourly Day Day Rate Welfare Holiday Rate I I/2X I 1/2X 2X Fixture Cleaner Start 6.46 1.04 .02 .35 c _ 8 7.87 1 I.10 11.10 14.33 6 months 6.83 1.04 .02 .37 c 8 8.26 11.675 11.675 15.09 9 months 7.20 1.04 .02 .39 c _ 8 8.65 12.25 12.25 15.85 12 months 7.57 1.04 .02 .4l c _ 8 9.04 ]2.825 12.825 16.61 15 months 7.94 1.04 .02 .43 c _ 8 9.43 13.40 13.40 17.37 IS months 8.31 1.04 .02 .45 c _ 8 9.82 13.975 13.975 18.13 21 months 8.68 1.04 .02 .47 c _ 8 10.21 14.55 14.55 18.89 24 months 9.04 1.04 .02 .66 c 8 10.76 d 15.28 d 15.28 d 19.80 d Serviceman Start 9.59 1.04 .02 .52 c _ 8 11.17 15.965 15.965 20.76 3 months 9.89 1.04 .02 .53 c _ 8 11.48 16.425 16.425 21.37 6 months 10.19 1.04 .02 .55 c 8 11.80 16.895 16.895 21.99 9 months 10.49 1.04 .02 .56 c _ 8 12.11 17.355 17.355 22.60 12 months 10.79 I.04 .02 .58 c 8 12.43 17.825 17.825 23.22 I S months I L09 1.04 .02 .60 c _ 8 12.75 18.295 18.295 23.84 I8 months 11.39 L04 .02 .61 c _ 8 13.06 18.755 18.755 24.45 21 months' I L69 1.04 .02 .63 c _ 8 13.38 19.225 19.225 25.07 24 months 1 L96 L04 .02 .87 c 8 13.89 d 19.87 d 19.87 d 25.85 d In addition, an amount equal to 3 °/ of the Basic Hourly Rate is added to the Total Hourly Rate and Overtime Hourly Rates for the National Employees Benefit Board. ° Vacation/Holiday pay is included in straight-time hourly rate. Double time is paid for work on the following holidays: New Year's Day, Memorial Day, Fourth of July, Labor Day, Veteran's Day, Thanksgiving Day, Day after Thanksgiving, and Christmas Day. I Ioliday pay is based upon nine paid holidays . The Vacation pay is based upon the following: One week after one year of service, Iwo weeks after two years of service, three weeks after l0 years of service. ~ Retlzets Vacation /Holiday rate for more than two years of service. Does not reflect rates for 10 or more years of service as required in footnote "e". RECOGNIZED HOLIDAYS: Holidays upon which the general prevailing hourly wage rate for Holiday work shall be paid, shall be all holidays in the collective bargaining agreement, applicable to the particular craft, classification, or type of worker employed on [he project, which is on file with the Director of Industrial Relations. If the prevailing rate is not based on a collectively bargained rate, the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code. You may obtain the holiday provisions for the current determinations on the Internet a[ http://www.dir.ca.eov/DLSR/PWD. Holiday provisions for current or superseded deterninations may be obtained by contacting the Prevailing Wage Unit at (41S) 703-4774. TRAVEL ANDIOR SUBSISTENCE PAYMENT: In accordance with Labor Code Sections 1773.1 and 1773.9, contractors shall make travel and/or subsistence payments to each worker to execute the work. Travel and/or subsistence requirements for each craft, classification or type of worker may be obtained from the Prevailing Wage Unit a[ (415) 703-4774. IlA 02 329 GENERAL PREVAILING WAGE DETERMINATION MADE BY THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER 1, ARTICLE 2, SECTIONS 1770, 1773 AND 1773.1 FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS CRAFT: LIGHT FIXTURE MAINTENANCE DETERMINATION: SC-830-61-1-2000-I ISSUE DATE: February 22, 2000 EXPIRATION DATE OF DETERMINATION: April I, 2000* Effective until superseded by a new determination issued by the Director of Industrial Relations. Contact the Division of Labor Statistics and Research at (415) 703-4774 for the new rates after l0 days from the expiration date, if no subsequent determination is issued. LOCALITY: All localities within Riverside county. For other counties please contact [he Division of Labor Statistics and Research prior to Bid Advertisement at (415) 703-4774. Employer Payments Straieh[-Time Overtime Hourlv Rate CLASSIFICATION Basic Health Pension Vacation Training Hours Total Daily Saturday Holiday Hourly and and Hourly & Sunday Rate Welfare Holiday Rate 11/2X I I/2X 2X Lighting Maintenance Service Person $11.00 .29 ---- .34 ---- 8 ] 1.63 17.13 17.13 22.63 DETERMINATION: SC-830-61-2-2000-1 ISSUE DATE: Febmary 22, 2000 EXPIRATION DATE OF DETERMINATION: April 1, 2000* Effective until superseded by a new determination issued by the Director of Industrial Relations. Contact the Division of Labor Statistics and Research at (415) 703-4774 for the new rates after IO days from the expiration date, if no subsequent determination is issued. LOCALITY: All localities within San Bernardino county. For other counties please contact the Division of Labor Statistics and Research prior [u Bid Advertisement a[ (415) 703-4774. Emnlover Pavments CLASSIFICATION Basic Health Pension Vacation Training Hourly and and Rate Welfare Holiday Lighting Maintenance Service Person $13.56 2.43 .39 ---- .50 Straight-Time Overtime Hourlv Rate Hours Total Daily Sunday Hourly Holiday Rate l1/2X I l/2X 16.88 23.66 23.66 RECOGNIZED HOLIDAYS: Holidays upon which the general prevailing hourly wage mte for Holiday work shall be paid, shall be all holidays in the collective bargaining agreement, applicable to the particular craft, classification, or type of worker employed on the project, which is on file with the Director of Industrial Relations. If [he prevailing rate is not based on a collectively bargained rate, the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of [he Government Code. You may obtain [he holiday provisions for the current determinations on [he Internet at h[tn://www.dir.ca.eov/DLSR/PWD. Holiday provisions for current or superseded determinations may be obtained by contacting the Prevailing Wage Uni[ at (415) 703- 4774. TRAVEL AND/OR SUBSISTENCE PAYMENT: In accordance with Labor Code Sections 1773.1 and 1773.9, contractors shall make travel and/or subsistence payments to each worker to execute [he work. Travel and/or subsistence requirements for each craft, classification or type of worker may be obtained from the Prevailing Wage Unit a[ (415) 703-4774. 11B 02 329 GENERAL PREVAILING WAGE DETERMINATION MADE BY THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER 1, ARTICLE 2, SECTIONS 1770, 1773 AND 1773.1 FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS CRAFT: FIRE SAFETY AND MISCELLANEOUS SEALING DETERMINATION: SC-3-5-4-2001-I ISSUE DATE: February 22, 2001 EXPIRATION DATE OF DETERMINATION: June 30, 2001" Effective until superseded by a new determination issued by the Director of Industrial Relations. Contact the Division of Labor Statistics and Research at (415) 703-0774 for the new rates after 10 days from the expiration date, if no subsequent determination is issued. LOCALITY: All localities within Imperial, ]nyo, Kern, Los Angeles, Mono, Orange, Riverside, San Bernardino, San Diego, San Luis Obispo, Santa Barbara, and Ventura counties. Emolover Payments Straieht-Time Overtime Hourly Rate CLASSIFICATION Basic Health Pension Vacation/ Training Hours Total Daily' Saturday' Sunday (JOURNEYPERSON) Hourly and Holiday Hourly and Rate Welfare Rate 1l/2X I I/2X Holiday ASBESTOS WORKER Fire Safety Technician -Class 1 ` (0-2000 hrs) 10.00° 3.87" 3.46 0.75 .40 8 $18.48 23.48 23.48 28.48 Fire Safety Technician -Class II ` (2001-4000 hrs) 14.51° 3.87" 3.46 1.40 .40 8 23.64 30.895 30.895 38.15 Fire Safety Technician -Class III` (4001-6000 hrs) 15.51° 3.876 3.46 1.40 .40 8 24.64 32.395 32.395 40.15 Fire Safety Technician -Class IV` (6001 or more hrs) 17.26° 3.87 6 3.46 2.48 .40 8 27.47 36.10 36.10 44.73 DETERMINATION: SC-204-X-18-2001-I ISSUE DATE: February 22, 2001 EXPIRATION DATE OF DETERMINATION: June 30, 2001 * Effective until superseded by a new determination issued by the Director of Industrial Relations. Contact the Division of Labor Statistics and Research at (415) 703-4774 for the new rates after l0 days from the expiration date, if no subsequent determination is issued. LOCALITY: All localities within Imperial, Inyo, Kern, Los Angeles, Mono, Orange, Riverside, San Bernardino, San Diego, San Luis Obispo, Santa Barbara, and Ventura counties. PLUMBER Fire Satety Technician - Class I (0 -2000 hrs) 10.00° 3.77 3.26 1.00 .40 8 18.43 23.43 23.43 28.43 Fire Safety Technician -Class II ` (2001-4000 hrs) 14.51° 3.77 3.44 1.50 .37 8 23.59 30.845 30.845 38.10 Fire Safety Technician -Class III` (4001-6000 hrs) 15.51° 3.77 3.44 1.50 .37 8 24.59 32.345 32.345 39.10 Fire Safety Technician -Class IV` (6001 or more hrs) 17.26" 3.77 3.44 2.50 .40 8 27.37 36.00 36.00 44.63 '' Ra[e applies [o the tirst 4 daily overtime hours and [he first 12 hours worked on Saturday. All other overtime is at t he Sunday & Holiday rate. 6 Includes an amount tar Occupational Health and Research. ` The 1st man on ajob site shall be a Class [V Fire Safety Technician. A Class IV must be on ajob site at all times. ° Includes an amount per hour worked for Administrative Dues. RECOGNIZED HOLIDAYS: Holidays upon which the general prevailing hourly wage rate for Holiday work shall be paid, shall be all holidays in the collective bargaining agreement, applicable to the particular craft, classification, or type of worker employed on the project, which is on file with the Director of Industrial Relations. If [he prevailing rate is not based on a collectively bargained rate, [he holidays upon which [he prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code. You may obtain the holiday provisions for the current determinations on the Internet at htto~//www dir ca.eov/DLSR/PW D. Holiday provisions for curzent or superseded determinations may be obtained by contacting the Prevailing Wage Unit at (415) 703-4774. TRAVEL AND/OR SUBSISTENCE PAYMENT: In accordance with Labor Code Sections 1773.1 and 1773.9, contractors shall make travel and/or subsistence payments to each worker to execute the work. Travel and/or subsistence requirements far each craft, classification or type of worker may be obtained from the Prevailing Wage Unit at (415) 703-4774. 11C ©~ g29 GENERAL PREVAILING WAGE DETERMINATION MADE BY THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER 1, ARTICLE 2, SECTIONS 1770, 1773 AND 1773.1 FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS CRAFT: # BOILERMAKER (FOR PIPELINES) DETERMINATION: SC-I4-X-9-2002-1 ISSUE DATE: August 22, 2002 EXPIRATION DATE OF DETERMINATION: September 3Q 2002** The rate to be paid for work performed after this date has been determined. [f work will extend pas[ this date, the new rate must be paid and should be incorporated in contracts entered into now. Contact the Division of Labor Statistics & Research for specific rates (415) 703-4774. LOCALITY: All localities within Imperial, Inyo, Kem, Los Angeles, Mono, Orange, Riverside, San Bernardino, San Diego, San Luis Obispo, Santa Barbara, and Ventura counties. Emolover Pavments CLASSIFICATION (Joumeyperson) Boilermaker/ Boilermaker Welder Stmieht-Time Overtime Hourly Ra[e Basic Health Pension Vacation/ Training Other Hours Total Daily Saturday Sunday/ Hourly and Holiday Payments Hourly Holiday Rate Welfare Rate 11/2X I 1/2X 2X b $27.13 $4.05 $4.50 a $0.40 $1.65 8 $37.73 $51.295 $SL295 $64.86 # Indicates an appren[iceable craft. Rates for apprentices are available in the General Prevailing Wage Apprentice Schedules. Included in the Basic Hourly Rate. Annuity Trust Fund. RECOGNIZED HOLIDAYS: Holidays upon which the general prevailing hourly wage rate for Holiday work shall be paid, shall be all holidays in the collective bargaining agreement, applicable to the particular craft, classification, or type of worker employed on the project, which is on file with the Director of Industrial Relations. If [he prevailing rate is no[ based on a collectively bargained rate, the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of [he Government Code. You may obtain [he holiday provisions for the current determinations on the Internet a[ htto~//www dicca.eovNLSR/PWD. Holiday provisions for current or superseded determinations maybe obtained by contacting the Prevailing Wage Unit at (415) 703- 4774. TRAVEL AND/OR SUBSISTENCE PAYMENT: In accordance with Labor Code Sections 1773.1 and 1773.9, contractors shall make travel and/or subsistence payments to each worker to execute the work. You may obtain [he [ravel and/or subsistence provisions for the current determinations on the Internet at http://www.dir.ca.eov/DLSR/PWD. Travel and/or subsistence rcyuirernents for each craft, classification or type of worker may be obtained from the Prevailing Wage Uni[ at (415) 703-4774. 12-A 02 329 GENERAL PREVAILING WAGE DETERMINATION MADE BY THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER 1, ARTICLE 2, SECTIONS 1770, 1773 AND 1773.1 FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS CRAFT: #LABORER AND RELATED CLASSIFICATIONS DETERMINATION: SC-23-102-2-2002-2 ISSUE DATE: August 22, 2002 EXPIRATION DATE OF DETERMINATION: June 30, 2003' Effective until superseded by a new determination issued by the Director of Industrial Relations. Contact [he Division of Labor Statistics and Research at (415) 703-4774 for new rates after 10 days from the expiration date, if no subsequent determination is issued. LOCALITY: All localities within Imperial, Inyo, Kem, Los Angeles, Mono, Orange, Riverside, San Bernardino, San Luis Obispo, Santa Barbara, and Ventura counties. Employer Payments Straieh[-Time Overtime Hourly Rate CLASSIF[CATIONd Basic Health Pension Vacation Training Hours Total Daily Saturday' Sunday (JOURNEYPERSON) Hourly and and Hourly and Rate Welfare Holiday Rate 11/2X 11/2X Holiday CLASSIFICATION GROUPS Group I $20.10 3.41 3.66 2.556 .36 8 30.08 40.13 40.13 50.18 Group 2 20.65 3.41 3.66 2.556 .36 8 30.63 40.955 40.955 51.28 Group 3 21.20 3.41 3.66 2.556 .36 8 31.18 41.78 41.78 52.38 Group 4 22.75 3.41 3.66 2.556 .36 8 32.73 44.105 44.105 55.48 Group 5 23.10 3.41 3.66 2.556 .36 8 33.08 44.63 44.63 56.18 Group 6 24.60 3.41 3.66 2.55" .36 8 34.58 46.88 46.88 59.18 ENTRY LEVEL LABORER` STEP I - 0 - 2000 hrs 13.65 2.05 .37 1.026 - 8 17.09 23.915 23.915 30.74 STEP II - 2001 - 4000 hrs 15.93 2.39 .37 1.796 .36 8 20.84 28.805 28.805 36.77 #Indicates an apprenticeable craft. Rates for apprentices are available in the General Prevailing Wage Apprenticeship Schedules. ~ Saturdays in the same work week may be worked a[ straight-time if job is shut down during work week due to inclement weather. 6 Includes an amount per hour worked for supplemental dues. `The ratio of Entry Level Laborers [o Journeymen shall be one Entry Level Laborer for the firs[ four loumeymen, (although the Entry Level Laborer may be the second (2"a) Laborer on the job) and one Entry Level Laborer for every four Journeymen thereafter. No Entry Level Laborer may work without a Journeyman Laborer on the job. For classifications within each group, see page 14. RECOGNIZED HOLIDAYS: Holidays upon which the general prevailing hourly wage rate for Holiday work shall be paid, shall be all holidays in the collective bargaining agreement, applicable to [he particular craft, classification, or type of worker employed on the project, which is on file with the Director of Industrial Relations. If the prevailing rate is not based on a collectively bargained rate, the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code. You may obtain the holiday provisions for the current determinations on [he Internet at http~//www dir ca eov/DLSR/PWD. Holiday provisions for current or superseded determinations may be obtained by contacting the Prevailing Wage Unit at (415)703-4774. TRAVEL AND/OR SUBSISTENCE PAYMENT: [n accordance with Labor Code Sections 1773.1 and 1773.9, contractors shall make travel and/or subsistence payments to each worker [o execute [he work. You may obtain [he [ravel and/or subsistence provisions for [he current determinations on the Internet at http~//www.dir.ca.eov/DLSR/PWD. Travel and/or subsistence requirements for current or superseded determinations may be obtained by contacting the Prevailing Wage Unit a[ (415) 703-4774. 13 02 ~~~ DETERMINATION: SC-2}-102-2-2002-2 CLASSIFICATION GROUPS GROUPI Baring Machine Helper (Outside) Cleaning and Handling of Panel Forms Concrete Screeding for Rough Strike-Off Concrete, Water Curing Demolition Laborer, the cleaning of brick if performed by an employee performing any other phase ofdemolition work, and the cleaning of lumber Fiberoptic Installation, Blowing, Splicing, and Testing Technician on public right-of-way only Fire Watcher, Limbers, Brush Loaders, Pilers and Debris Handlers Flagman Gas. Oil andor Water Pipclinc Laborer Laboer, Fence Builder Laborer. Gcncral or Construction Laborer, Gcncral Clcenup Labomr, Jetting Laborer, Temporary Water and Air Lines Material Hoseman (Walls, Slabs, Floors and Decks) Plugging, Filling of Shec-Bolt Holes; Dry Packing oC concrete and Patching Post Holc Digger (Manual) Railroad Maintenance, Repair Trackman and Road Bcds; Streetcar and Railroad Construction Track Laborers Rigging and Signaling Scaler Slip Furm Raisers Tarman and Mortar Man Tool Crib or Tool House Laborer Traffic Control by any method Water Well Duller Helper Window Cleaner Wire Mesh Pulling -All Concrete Pouring Operations GROUP2 Asphalt Shoveler Cement Dumper (on I yard or larger ntixer and handling bulk cement) Cesspool Digger and Installer Chuck[cndcr Chute Man, pouring concrete, the handling of the chute tram readymix tracks, such as walls slabs, decks, Floors, foundations, footings, curbs, gutters and sidewalks Concrctc Curer-Impervious Membrane and Farm Oiler Cutting Torch Opem[or (Demolition) Fine Grader, Highways and Street Paving, Airport, Runways, and similar type heavy cunsn'uction Gas, Oil and/or Water Pipclinc Wrapper-Pat Tender and Ponn Man Guinea Chaser Hcadcrboard Man-Asphalt Installation ofall Asphalt Overlay Fabric and Materials used for Reinforcing Asphalt Laborer, Packing Rod Steel and Pans Membrane Vapor Bartier Installer Power Broom Sweepers (small) Riprap Smnepaver, placing srone or wet sacked concrete Roto Scraper and Tiller Sandblaster (Pot Tender) Septic Tank Digger and Installer (leadman) Tank Scaler and Cleaner Tree Climber, Faller, Chain Saw Operator, Pittsburgh Chipper and similar type Brush Shredders Underground Laborer, including Caisson Bellower CROUP} Buggymobile Man Concrctc Cutting Toroh Concrete Plc Cutter Driller, Jackhammer, 2 1/2 R. drill steel or longer Dri Pak-it Machine Gas, Oil and/or Water Pipclinc Wrapper - 6-inch pipe and over by any method, inside and out High Scaler Qncluding drilling of same) Impact Wrench, Multi-Plate Kettlcmen, Potmen and Men applying asphalt, lay-kold, creosote, lime caustic and similar type materials Operators of Pneumatic, Gas, Electric Tools, Vibrating Machines, Pavement Breakers, Air Blasting, Come-Alongs, and sindlar mechanical tools not separately classified herein; operation of remote controlled robotic tools in connection with Laborers work Pipelayer's backup man, coating, grouting, making ofjoinls, scaling, caulking, diapering and including rubber gasket joints, pointing and any and all other services Power Pos[ Hole Digger Rock Slinger Rotary Scarifier or Multiple Head Concrete Chipping Scarifier Steel Headerboard Man and Guideline Setter Tampers, Barko, Wacker and similar type Trenching Machine, Hand Propelled GROUP4 Any Worker Exposed to Raw Sewage Asphalt Raker, Lutcman, Ironer, Asphalt Dumpman, and Asphalt Spreader Boxes (all types) Concrctc Core Cutter (walls, Floors or ceilings), Grinder or Sander Concrctc Saw Man, Cutting Walls or Plat Work, Scoring old or new concrete Cribber, Shorer, Lagging Sheeting and Trench Bracing, Hand-Guided Lagging Hammer Head Rock Slinger Laborer, Asphalt-Rubber Distributor Boatman Laser Beam in connection with Laborer's work Oversize Concrete Vibrator Operator, 70 pounds and over Pipclaycr Pre(abri<a[ed Manhole Installer Sandblaster (Nozzleman), Water Blasting, Porto Shot-Blast Traffic Lane Closure, certified GROUPS Blasters Powdemtan Directional Boring Drills Operator Driller Toxic Waste Removal Welding, certified or otherwise in connection with Laborers' work GROUP6 Boring System Electronic Tracking Locator 14 02 329 GENERAL PREVAILING WAGE DETERMINATION MADE BY THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER 1, ARTICLE 2, SECTIONS 1770, 1773 AND 1773.1 FOR COMMERCIAL BUILDING. HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS CRAFT: TUNNEL WORKER (LABORER) DETERMINATION: SC-23-102-12-2002-2 ISSUE DATE: August 22, 2002 EXPIRATION DATE OF DETERMINATION: June 30, 2003' Effective until superseded by a new determination issued by the Director of Industrial Relations. Contact [he Division of Labor Statistics and Research a[ (415) 703-4774 for the new rates after 10 days from the expiration date, if no subsequent determination is issued. LOCALITY: All localities within Imperial, Inyo, Kern, Los Angeles, Mono, Orange, Riverside, San Bernardino, San Luis Obispo, Santa Barbara, and Ventura Counties. Emolover Pavments Straieht-Time Overtime Hourly Rate Classification Basic Health Pension Vacation/ Training Other Hours Total Daily Saturday Sunday (Joumeyperson) Hourly and Holiday Payments Hourly and Rate Welfare Rate 1 I/2X 11/2X Holiday Group I $23.01 $3.41 $3.66 e$2.55 $.36 - 8 $32.99 $44.495 $44.495 $56.00 Group II 23.33 3.41 3.66 '2.55 .36 - 8 33.31 44.975 44.975 56.64 Group III 23.79 3.41 3.66 a2.55 .36 - 8 33.77 45.665 45.665 57.56 Group IV" 24.48 3.41 3.66 a2.55 .36 - 8 34.46 46.70 46.70 58.94 '' Includes an amount per hour worked for supplemental dues. "The classification "Shaft and Raise Work" shall be applicable to all work from the entrance to the shaft or raise and including surge chambers. This classification shall apply [o all work involving surge chambers up to ground level. CLASSIFICATIONS Croua 1 Batch Plan[ Laborer Changehouseman Dumpman Outside Dumpman Loading and Unloading Agitator Cars Nipper Pot Tender using mastic or other materials Shotcrete Man (helper) Swamper (Brakeman and Switchman on tunnel work) Tool Man Tunnel Materials Handling Man Group II Bull Gang Mocker Trackman Chemical Grout Jetman Chuek[ender Cabletender Concrete crew-include Rodders and Spreaders Grout Mixerman Grout Pumpman Operating of Trowling and/or Grouting Machines V ibratonnan Jack Hammer Pneumatic Tools (except driller) Group III Blaster Driller Powderman Cherry Pickerman Grout Gunman Jackleg Miner ]umbo Man Kemper and other Pneumatic Concrete Placer Operator Miner -Tunnel (hand or machine) Micro-Tunneling, Micro-Tunneling Systems Nozzleman Powderman-Primer House Primer Man Sandblaster Steel Fomr Raiser and Setter Timberman, Retimbertnan, wood or steel Tunnel Concrete Finisher Group IV Shag and Raise Works Diamond Driller RECOGNIZED HOLIDAYS: Holidays upon which the general prevailing hourly wage rate for Holiday work shall be paid, shall be all holidays in the collective bargaining ugrecmenL applicable [o the particular crag, classification, or type of worker employed on the project, which is on file with [he Director of IndusMal Relations. If the prevailing late is not based on a collcctivcly bargained rate, the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code. You may obtain [hc holiday provisions for the current dctermina[ions on [he Interne[ at htto'//www d'r ca eov/DLSR/PWD. Holiday provisions for current or superseded determinations may be obtained by contacting [he Prevailing Wage Unit a[ (415) 707-4774. TRAVEL AND/OR SUBSISTENCE PAYMENT: In accordance with Labor Code Sections 1773.1 and 1773.9, contractors shall make travel anNor subsistence payments to each worker to execute the work You may obtain the travel and/or subsistence provisions for the current deternaimtions on [he Internet at httn'//www d'r ca eov/DLSR/PWD. Travel andior subsistence requirements for current or superseded determinations may be obtained by contacting the Prevailing Wage Unit at (415) 703774. IS 02 ~zs GENERAL PREVAILING WAGE DETERMINATION MADE BY THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER 1, ARTICLE 2, SECTIONS 1770, 1773 AND 1773.1 FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS CRAFT: GUNITE WORKER (LABORER) DETERMINATION: SC-102-345-1-2002-1 ISSUE DATE: August 22, 2002 EXPIRATION DATE OF DETERMINATION: June 30, 2003* Effective until superseded by a new determination issued by the Director of Industrial Relations. Con[ac[ the Division of Labor Statistics and Research (415) 703-4774 for the new rates after 10 days from the expiration date, if no subsequent determination is issued. LOCALITY: All localities within Imperial, Inyo, Kem, Los Angeles, Mono, Orange, Riverside, San Bernardino, San Luis Obispo, Santa Barbara, and Ventura counties. Employer Payments Straieht-Time Overtime Hourl y Rate Classification Basic Health Pension Vacation Hours Total Daily Saturday Sunday (Joumeyperson) Hourly and and Hourly and Rate Welfare Holiday Rate 11/2Xs 2X l l/2X` 2X Holiday Nozzleman, Rodman $22.84° 3.40 6.41 ' 2.90 8 35.55 46.97 58.39 46.97 58.39 58.39 Gunman 21.894 3.40 6.41 ' 2.90 8 34.60 45.545 56.49 45.545 56.49 56.49 Reboundman 18.35" 3.40 6.41 a 2.90 8 31.06 40.235 49.41 40.235 49.41 49.41 Entry-Level Gunite Worker Step I` (0-1000 hours) 12.10) 0.00 2.75 " 2.90 8 17.75 23.80 29.85 23.80 29.85 29.85 Entry-Level Gunite Worker Step 2` (1001- 2000 hours) 14.10'' 0.00 2.75 ' 2.90 8 19.75 26.80 33.85 26.80 33.85 33.85 e Includes an amount per hour worked for Supplemental Dues. n Rate applies to the first 3 overtime hours. Rate applies to the first I I overtime hours. Employees working from a Bos'n's Chair or suspended from a rope or cable shall receive $0.40/hour above this rate. `Ratio is one entry- level Gunite worker for the 1" 4 ]oumeymen (although the entry-level Gunite worker may be the 2"d on the job) and 1 entry-level Gunite worker for every 4 Joumeymen thereafter (the entry-level Gunite worker may not be on the job until all 4 Joumeymen are on the job). RECOGNIZED HOLIDAYS: Holidays upon which the general prevailing hourly wage rate for Holiday work shall be paid, shall be all holidays in the collective bargaining agreement, applicable to the particular craft, classification, or type of worker employed on the project, which is on file with the Director of Industrial Relations. If the prevailing rate is not based on a collectively bargained rate, the holidays upon which [he prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code. You may obtain the holiday provisions for the current determinations on the Interne[ at http'//www dir ca eov/DLSR/PWD. Holiday provisions for current or superseded determinations may be obtained by contacting the Prevailing Wage Unit at (415) 703-4774. TRAVEL AND/OR SUBSISTENCE PAYMENT: In accordance with Labor Code Sections 1773.1 and 1773.9, contractors shall make travel and/or subsistence payments to each worker to execute the work. You may obtain [he travel and/or subsistence provisions for the current determinations on the Internet at htlp~//www dir ca eov/DLSR/PWD. Travel and/or subsistence requirements for current or superseded determinations may be obtained by contacting the Prevailing Wage Unit at (415) 703-4774. 16 oz ~z~ GENERAL PREVAILING WAGE DETERMINATION MADE BY THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER I, ARTICLE 2, SECTIONS 1770, 1773 AND 1773.1 FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS CRAFT: HOUSEMOVER (LABORER) DETERMINATION: SC-102-507-1-2000-1 ISSUE DATE: Febmary 22, 2000 EXPIRATION DATE OF DETERMINATION: April 1, 2000* Effective until superseded by a new determination issued by the Director of Industrial Relations. Contact [he Division of Labor Statistics and Research (415) 703-4774 for [he new rates after 10 days from the expiration date, if no subsequent determination is issued. LOCALITY: All localities within Imperial, Inyo, Kem, Los Angeles, Mono, Orange, Riverside, San Bernardino, San Luis Obispo, Santa Barbara and Ventura Counties Emolover Pavments Straieht-Time Overtime Hourly Rates Classification Basic Health Pension Vacation/ Hours Total Daily Saturday" Sunday (Joumeyperson) Hourly and Holiday Hourly and Rate Welfare Rate 11/2X l1/2X Holiday Housemover $15.37 $4.00 $3.14 '$1.05 8 $23.56 $31.245 $31.245 $38.93 Yard Maintenance Worker 15.12 4.00 3.14 ' 1.05 8 23.31 30.87 30.87 38.43 Trainee 0 - 3 Months 7.87 4.00 3.14 ' 1.05 8 16.06 19.995 19.995 23.93 3 - 6 Months 8.22 4.00 3.14 ' 1.05 8 16.41 20.52 20.52 24.63 6 - 9 Months 8.57 4.00 3.14 ' 1.05 8 16.76 21.045 21.045 25.33 9 - l2 Months 8.92 4.00 3.14 ' 1.05 8 17.1 I 21.57 21.57 26.03 l2 - 15 Months 9.27 4.00 3.14 ' ].OS 8 17.46 22.095 22.095 26.73 I S - 18 Months 9.62 4.00 3.14 ' 1.05 8 17.81 22.62 22.62 27.43 18 - 21 Months 9.97 4.00 3.14 ' 1.05 8 18.16 23.145 23.145 28.13 2I - 24 Months 10.32 4.00 3.14 ' I.OS 8 18.51 23.67 23.67 28.83 'Includes an amount per hour worked for supplemental dues. e Saturdays in the same work week may be worked at straight-time ifjob is shut down during the normal workweek due to inclement weather. RECOGNIZED HOLIDAYS: Holidays upon which [he general prevailing hourly wage rate for Holiday work shall be paid, shall be all holidays in the collective bargaining agreement, applicable to the partiwlar craft, classification, or type of worker employed on the project, which is on file with [he Director of Industrial Relations. If the prevailing rate is not based on a collectively bargained rate. the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code. You may obtain [he holiday provisions for the current detemtinations on the Internet a[ h~~//www dir ca gov/DLSR/PWD. Holiday provisions for current or superseded determinations may be obtained by contacting the Prevailing Wage Unit at (415) 703- 4774. TRAVEL ANDJOR SUBSISTENCE PAYMENT: In accordance with Labor Code Sections 1773.1 and 1773.9, contractors shall make travel and/or subsistence payments to each worker [o execute the work. Travel and/or subsistence requirements for each craft, classitcation or type of worker maybe obtained from the Prevailing Wage Unit at (415) 703-4774. 17 02 329 GENERAL PREVAILING WAGE DETERMINATION MADE BY THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER 1, ARTICLE 2, SECTIONS 1770, 1773 AND 1773.1 FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS CRAFT: #LANDSCAPE/IRRIGATION LABORER/TENDER DETERMINATION: SC-102-X-14-2002-I ISSUE DATE: February 22, 2002 EXPIRATION DATE OF DETERMINATION: September 30, 2002** The rate to be paid for work performed after this date has been determined. If work will extend past this date, the new rate must be paid and should be incorporated in contracts entered into now. Contact the Division of Labor Statistics and Research for specific rates at (415) 703-4774. LOCALITY: All localities within Imperial, Inyo, Kem, Los Angeles, Mono, Orange, Riverside, San Bernardino, San Luis Obispo, Santa Barbara and Ventura counties. Emolover Payments CLASSIFICATION Basic Health Pension Vacation (loumeyperson) Hourly and and Rate Welfare Holiday Landscape/Irrigation Laborer $19.46 $3.10 $3.81 $2.SSa Landscape Hydro Seeder $20.46 $3.10 $3.81 $2.SSa S[raieht-Time Overtime Hourly Rate Training Hours Total Daily Saturday Sunday Hourly and Rate 1I/2X 11/2X Holiday $.35 8 $29.27 $39.00 $39.00 $48.73 $.35 8 $30.27 $40.50 $40.50 $50.73 DETERMINATION: SC-102-X-14-2002-2A ISSUE DATE: August 22, 2002 EXPIRATION DATE OF DETERMINATION: September 30, 2003* Effective until superseded by a new determination issued by the Director of Industrial Relations. Contact [he Division of Labor Statistics and Research (415) 703-4774 for the new rates after 10 days from the expiration date, if no subsequent detemtination is issued. Landscape/Irrigation Tender" 9.95 2.75 -- .51' -- 8 13.21 18.185 18.185 23.16 #Indicates an apprenticeable craft. Rates for apprentices are available in the Genecal Prevailing Wage Apprenticeship Schedules. Includes an amount per hour worked for supplemental dues. The first employee on the job shall be aLandscape/Irrigation Laborer. The second may be a Tender. Thereafter, the number of Tenders may not exceed the number of Laborers. RECOGNIZED HOLIDAYS: Holidays upon which the general prevailing hourly wage rate for Holiday work shall be paid, shall be all holidays in [he collective bargaining agreement, applicable to the particular craft, classification, or type of worker employed on the project, which is on file with the Director of Industrial Relations. If the prevailing rate is not based on a collectively bargained rate, the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code. You may obtain the holiday provisions for [he current determinations on the Internet at h[tp://www.dir.ca.gov/DLSR/PWD. Holiday provisions for current or superseded determinations maybe obtained by contacting the Prevailing Wage Unit at (415) 703-4774. TRAVEL AND/OR SUBSISTENCE PAYMENT: In accordance with Labor Code Sections 1773.1 and 1773.9, contractors shall make travel and/or subsistence payments to each worker to execute the work. Travel and/or subsistence requirements for each craft, classification or type of worker may be obtained from the Prevailing Wage Unit at (415) 703-4774. 18-A 02 329 GENERAL PREVAILING WAGE DETERMINATION MADE BY THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER 1, ARTICLE 2, SECTIONS 1770, 1773 AND 1773.1 CRAFT: ## LANDSCAPE MAINTENANCE LABORER DETERMINATION: SC-LML-2000-1 ISSUE DATE: February 22, 2000 EXPIRATION DATE OF DETERMINATION: April I, 2000' Effective unt il supersed ed by a new determ ination issued by the Director of Industrial Relations. Contact the Division o f Labor Statistics and Research at (415) 703-4774 for the new rates after IO days from the expiration da te, if no subsequent determination is issued. Employer Payments Straight-Time Overtime LOCALITY: Basic Health Pension Vacation Holiday Training Hours Total I 1/2X Hourly and Hourly Rate Welfare Rate Imperial $5.75 - - ' 0.115 0.17 - 8 s 6.035 " 8.91 Inyo. Mono and San Bernardino 5.75 - - 0.30 0.17 - 8 6.22 9.095 Kern 5.75 - - ` 0.16 0.17 - 8 " 6.08 " 8.955 10.00 - - 40.27 0.46 - 8 "10.73 °15.73 Los Angeles 5.75 0.89 - ` 0.115 0.14 - 8 " 6.895 ° 9.77 Orange 5.75 - - r 0.1 1 0.11 - 8 n 5.97 " 8.845 Riverside 5.75 - - s 0.20 0.16 - 8 ° 6.1 ] " 8.985 San Diego 5.75 - - 0.22 0.115 - 8 6.085 8.96 6.25 - - 0.24 0.12 - 8 b.bl 9.735 San Luis Obispo 7.50 - - k 0.15 0.15 - 8 7.80 1 L55 8.00 - - ~ 0.16 0.16 - 8 8.32 12.32 Santa Barbara 6.00 - - "0.12 0.12 - 8 n 6.24 " 9.24 7.00 - - ' 0.13 0.13 - 8 s 7.26 °10.76 Ventura 5.75 - - 0.115 0.16 - 8 6.025 8.90 7.00 2.97 - ~ 0.19 0.26 - 8 "10.42 "13.92 ## Craft is not apprenticeable. NOTE: If [here are two rates, [he first rate is for routine work, the second rate is for complex work $0.22 after 3 years of service. n Computation is based on the first years of employment. This rate should be increased by any applicable vacation increase as stated in other footnotes. `$0.31 after 2 years of service. $0.54 after 2 years of service: $0.81 after 3 years of service. ` $0.24 after 3 years oC service: $0.37 after 7 years of service. $0.22 after 4 years of service. e $0.40 after 3 years of service n $0.23 after 2 years of service ' $0.27 after 2 years of service. t $0.38 after 3 years of service. " $0.29 after 2 years of service ~ $0.31 after 2 years of service. RECOGNIZED HOLIDAYS: Holidays upon which [he general prevailing hourly wage rate for Holiday work shall be paid, shall be all holidays in the collective bargaining agreement, applicable [o [he particular craft, classificatioq or type of worker employed on the project. which is on file with [he Director of Industrial Relations'. [f [he prevailing rate is not based on a collectively bargained rote, the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code. You may obtain the holiday provisions for the curzent determinations on the Internet at http://www.dir.ca.gov/DLSR/PWD. Holiday provisions for current or superseded determinations may be obtained by contacting the Prevailing Wage Unit a[ (415) 703-4774. TRAVEL AND/OR SUBSISTENCE PAYMENT: In accordance with Labor Code Sections 1773.1 and 1773.9, contractors shall make travel and/or subsistence payments to each worker to execute the work. Travel and/or subsistence requirements for each craft, classification or type of worker may be obtained from the Prevailing Wage Unit a[ (415) 703-4774. l8C 02 329 GENERAL PREVAILING WAGE DETERMINATION MADE BY THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER 1, ARTICLE 2, SECTIONS 1770, 1773 AND 1773.1 FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS CRAFT: ASBESTOS AND LEAD ABATEMENT (LABORER) DETERMINATION: SC-102-882-1-2002-1 ISSUE DATE: February 22, 2002 EXPIRATION DATE OF DETERMINATION: December 31, 2002** The rate to be paid for work performed after this date has been determined. If work will extend past this date, the new rate must be paid and should be incorporated in contracts entered into now. Contact [he Division of Labor Statistics and Research for specific rates at (415) 703-4774. LOCALITY: All localities within Imperial, Inyo, Kem, Los Angeles, Mono, Orange, Riverside, San Bernardino, San Diego, San Luis Obispo, Santa Barbara and Ventura Counties EMPLOYER PAYMENTS STRAIGHT-TIME OVERTIME HOURLY RATES Classification Basic Health Pension Vacation/ Training Hours Total Daily Saturday Sunday/ (Joumeyperson) Hourly and Holiday Hourly Holiday Rate Welfare Rate 11/2X 11/2X 2X Asbestos and Lead Abatement Worker $20.97 2.90 2.10 '2.30 .35 8 $28.62 $39.105 "$39.105 $49.59 ° Includes an amount withheld for Dues Check-off. Saturday may be worked at [he straight-time rate provided that the hours do not exceed 8 hours per day or 40 hours per week. NOTE: Asbestos Abatement must be trained and the work conducted according [o [he Code of Federal Regulations 29 CFR 1926.58, the California Labor Code 6501.5 and the California Code of Regulations Title 8, Section 5208. Contractors must be certified by the Contractors' State License Board and registered with the Division of Occupational Safety and Health (DOSH). For further information, contact [he Asbestos Contractors Abatement Registration Uni[, DOSH at (415) 703-5191. RECOGNILED HOLIDAYS: Holidays upon which the general prevailing hourly wage rate for Holiday work shall be paid, shall be all holidays in the collective bargaining agreement, applicable to the particular craft, classification, or type of worker employed on the project, which is on file with the Director of Industrial Relations. If the prevailing rate is not based on a collectively bargained rate, the holidays upon which [he prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code. You may obtain the holiday provisions for the current determinations on the Interne[ at htto~//www dir ca aov/DLSR/PWD. Holiday provisions for current or superseded determinations maybe obtained by contacting the Prevailing Wage Unit at (415) 703- 4774. TRAVEL AND/OR SUBSISTENCE PAYMENT: In accordance with Labor Code Sections 1773.1 and 1773.9, contractors shall make [ravel and/or subsistence payments [o each worker to execute [he work. You may obtain the Travel and/or subsistence provisions for the current determinations on the Internet at htto'//www.dicca.eov/DLSR/PWD. Travel and/or Subsistence provisions for current or superseded de[emrinations may be obtained by contacting the Prevailing Wage Unit a[ (415) 703-4774. IS-D 02 329 GENERAL PREVAILING WAGE DETERMINATION MADE BY THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER 1, ARTICLE 2, SECTIONS 1770, 1773 AND 1773.1 FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS CRAFT: # PARKING AND HIGHWAY IMPROVEMENT (STRIPER-LABORER) DETERMINATION: SC-23-102-6-2002-1 ISSUE DATE: August 22, 2002 EXPIRATION DATE OF DETERMINATION: June 3Q, 2003* Effective until superseded by a new determination issued by the Director of Industrial Relations. Contact the Division of Labor Statistics and Research at (415) 703-4774 for the new rates after l0 days from the expiration date, if no subsequent determination is issued. LOCALITY: All localities within Imperial, Inyo, Kem, Los Angeles, Mono, Orange, Riverside, San Bernardino, San Diego, San Luis Obispo, Santa Barbara and Ventura counties. Employer Payments Straieh[-Time Overtime Hourly Rates Classification Basic Health Pension Vacation/ Training Hours Total Daily 6th & 7th Holiday (loumeyperson) Hourly and Holiday Hourly Day Rate Welfare Rate l l/2X 11/2X 2X CLASSIFICATION GROUPS Group l $20.65 $3.40 $2.02 $2.69° $0.30 8 "$29.06 $39.385 ` $39.385 $49.71 Group 2 21.50 3.40 2.02 2.69' 0.30 8 n 29.91 40.66 `40.66 51.41 Group 3 23.82 3.40 2.02 2.69' 0.30 8 s 32.23 44.14 `44.14 56.05 Group 4 26.02 3.40 2.02 2.69° 0.30 8 n 34.43 47.44 ` 47.44 60.45 "Indicates an appren[iceable craft. Rates for apprentices are available in [he General Prevailing Wage Apprentice Schedules. Includes an amount per hour worked for Supplemental Dues. "Straight-time hours: 8 hours per day for 5 consecutive days, Monday through Sunday. `The sixth consecutive day in [he same work week may be worked at straight-time ifjob is shut down during work week due [o inclement weather. RECOGNI'LED HOLIDAYS: Holidays upon which the general prevailing hourly wage rate for Holiday work shall be paid, shall be all holidays in [he collective bargaining agreement, applicable to the particular craft, classification, or type of worker employed on the project, which is on file with the Director of Industrial Relations. If the prevailing rate is not based on a collectively bargained rate, the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of [he Government Code. You may obtain the holiday provisions for the current determinations on the Interne[ at http~//www dir ca eov/DLSR/P W D. Holiday provisions for current or superseded determinations maybe obtained by contacting the Prevailing Wage Unit at (415) 703- 4774. TRAVEL AND/OR SUBSISTENCE PAYMENT: In accordance with Labor Code Sections 1773.1 and 1773.9, contractors shall make travel and/or subsistence payments to each worker to execute the work. You may obtain [he travel and/or subsistence provisions for the current determinations on the Interne[ at htto'//www.dicca.eov/DLSR/PWD. Travel and/or subsistence requirements for current or superseded determinations may be obtained by contacting the Prevailing Wage Unit at (415) 703-4774. CLASSIFICATION GROUPS: Group I Group 3 Protective coating, Pavement sealing (applies to parking lots, game courts Traffic Delineating Device Applicator and playgrounds) Traffic Protective System Installer Equipment Repair Technician Pavement Marking Applicator Group 2 Traffic Surface Abrasive Blaster Pot Tender Traffic Control Person Group 4 Traffic Striping Applicator Power Broom Sweeper 18E 02 329 GENERAL PREVAILING WAGE DETERMINATION MADE BY THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER I, ARTICLE 2, SECTIONS 1770, 1773 AND 1773.1 FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS CRAFT: N SLURRY SEAL WORKER DETERMINATION: SC-23-102-14-2002-2 ISSUE DATE: August 22, 2002 EXPIRATION DATE OF DETERMINATION: June 30, 2003' Effective until superseded by a new determination issued by the Director of Industrial Relations. Contact the Division of Labor Statistics and Research at (415) 703-4774 for the new rates after 10 days from the expiration date, if no subsequent determination is issued. LOCALITY: All localities within Imperial, Inyo, Kern, Los Angeles, Mono, Orange, Riverside, San Bernardino, San Luis Obispo, Santa Barbara and Ventura counties. Emmlover Payments Straieht-Time Overtime Hourly Rates Classification Basic Health Pension Vacation/ Training Hours" Total Daily 6th&7[h Holiday (Journeyperson) Hourly and Holiday' Hourly Workday Rate Welfare Rate 11/2X l1/2X` 2X CLASSIFICATION GROUPS Group I $21.66 $3.41 $2.02 $2.69 $0.30 8 $30.08 $40.91 $40.91 $51.74 Group 2 22.86 3.41 2.02 2.69 0.30 8 31.28 42.71 42.71 54.14 Group 3 24.72 3.41 2.02 2.69 0.30 8 33.14 45.50 45.50 57.86 Group 4 26.32 3.41 2.02 2.69 0.30 8 34.74 47.90 47.90 61.06 "Indicates an apprenticeable craft. Rates for apprentices are available in the General Prevailing Wage Apprentice Schedules. Includes an amount per hour worked for Supplemental Dues. s Straight-time hours: 8 hours per day for 5 consecutive days, Monday through Sunday. `The sixth consecutive day in the same work week may be worked at straight-time ifjob is shut down during work week due to inclement weather. RECOGNIZED HOLIDAYS: Holidays upon which the general prevailing hourly wage rate for Holiday work shall be paid, shall be all holidays in the collective bargaining agreement, applicable to the particular craft, classification, or type of worker employed on the project, which is on file with the Director of Industrial Relations. If the prevailing rate is not based on a collectively bargained rate, the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code. You may obtain the holiday provisions for the current determinations on the Internet at httm~//www dir ca eov/DLSR/PWD. Holiday provisions for current or superseded determinations may be obtained by contacting [he Prevailing Wage Oni[ a[ (415) 703-4774. TRAVEL AND/OR SUBSISTENCE PAYMENT: In accordance with Labor Code Sections 1773.1 and 1773.9, contractors shall make travel and/or subsistence payments to each worker to execute the work. You may obtain the travel and/or subsistence provisions for the current determinations on the Interne[ at h[[o~//www.dirca.eov/DLSR/PWD. Travel and/or subsistence requirements for current or superseded deterntinations may be obtained by contacting the Prevailing Wage Unit a[ (415) 703-4774. CLASSIFICATION GROUPS: Grou 1 Traffic Control Person & Serviceman; including work of installing and protecting utility covers, traffic delineating devices, posting of no parking and noti5cations for public convenience, surface cleaning by any method, repair and filling of cracks by any means, and other work not directly connected with [he application of slurry seal Groua 3 Applicator Operator (Line Driver), Power Broom Sweeper Operator; operation of all related machinery and equipment, Shuttleman Groua 4 Mixer Operator Grouo 2 Squeegeeman (finisher) Certified Traffic Control Person 19 02 329 GENERAL PREVAILING WAGE DETERMINATION MADE BY THE DIRECTOR OF MDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER 1, ARTICLE 2, SECTIONS 1770, 1773 AND 1773.1 FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROTECTS CRAFT: # CEMENT MASON DETERMINATION: SC-23-203-2-2002-I ISSUE DATE: Augur[ 22, 2002 EXPIRATION DATE OF DETERMINATION: Lune 30, 2003' Effective until superseded by a new determination issued by the Director of Industrial Relations. Contact the Division of Labor Statistics and Research at (415) 703-0774 for the new rates after ]0 days from the expiration date, if no subsequent dctennination is issued. LOCALITY: All localities within Imperial, Inyo, Kern, Los Angeles, Mono, Orange, Riverside, San Bernardino, San Luis Obispo, Santa Barbara, and Ventura counties. Emnlover Payments Straight-Time Overtime Hourly Rate CLASSIFICATION Basic Health Pension Vacation/ Training Hours Total Daily "Saturday Sunday (JOURNEYPERSON) Hourly and Holiday Hourly and Rate Welfare Rate 1 l/2X 2X l l/2X 2X Holiday Cement Mason, Curb and Gutter Machine Operator; Clary and Similar Type of Screed Operator (Cemem only); Grinding Machine Operator (all types); ]ackson Vibratory, Texas Screed and Similar Type Screed Operator; Scoring Machine Operator $23.05 3.80 4.43 64.00 0.33 8 35.61 `47.135 58.66 °47.135 58.66 58.66 Magnesite, magnesite-terrazzo and mastic composition, Epoxy, Urethanes and exotic coatings, Dcx-O-Tex 23.17 3.80 4.43 "4.00 0.33 8 35.73 `47.315 58.90 °47.315 58.90 58.90 Floating and Troweling Machine Operator 23.30 3.80 4.43 °4.00 0.33 8 35.86 `47.51 59.16 °47.51 59.16 59.16 # Indicates and appren[iceable craft. Rates for apprentices are available in [he General Prevailing Wage Apprenticeship Schedules. ° Saturdays in [he same work week may be worked a[ straight-time rates if ajob is shut down during normal work week due to inclement weather. ° Includes an amount for supplemental dues. ` Rate applies to [he first 4 overtime hours. ° Rate applies [o the Ers[ 8 overtime hours RECOGNIZED HOLIDAYS: Holidays upon which the general prevailing hourly wage rate for Holiday work shall be paid, shall be all holidays in the collective bargaining agreement, applicable to the particular crafr, classification, or type of worker employed on the project, which is on file with the Director of Industrial Relations. If the prevailing rate is not based on a collectively bargained rate, the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code. You may obtain the holiday provisions for the current determinations on the Internet at http~//www.dicca.eov/DLSR/PWD. Holiday provisions for current or superseded determinations may be obtained by contacting the Prevailing Wage Unit a[ (415) 703-4774. TRAVEL AND/OR SUBSISTENCE PAYMENT: In accordance with Labor Code Sections 1773.1 and 1773.9, contractors shall make travel and/or subsistence payments [o each worker to execute the work. You may obtain the [ravel and/or subsistence provisions for the current deternainations on [he Internet a[ http~//www dir ca you/DLSR/PWD. Travel and/or subsistence requirements for current or superseded de[emtinations may be obtained by contacting the Prevailing Wage Dnit at (415) 703-4774. 20 02 ~~~ GENERAL PREVAILING WAGE DETERMINATION MADE BY THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER 1, ARTICLE 2, SECTIONS 1770, 1773 AND 1773. ] FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS CRAFT: TEAMSTER DETERMINATION: SC-23-261-2-2002-I ISSUE DATE: August 22, 2002 EXPIRATION DATE OF DET ERMINATION: Jun e 30, 2003* Effective u ntil superseded b y a new deter mination issued by [he Director of Industrial Relations. Contact th e Division of Labor Statistics and Research at (4 15) 703-4774 for new rates after ]0 days from the expiration date, if n o subseque nt determi nation is iss ued. LOCALITY: All localities withi n Imperial, Inyo, Kem , Los Angel es, Mono, Orange, Riverside, San Bernard ino, San Lu is Obispo, Santa Barbara and Ventura Count ies Emolover Pavments Straight-Time Overtime Hourly Rates Classification` Basic Health Pension Vacation/ Training Hours Total Daily Saturday Sunday (loumeyperson) Hourly and Holiday Hourly and Rate Welfare Rate 11/2X 1 I/2X Holiday Group I 2L84 5.02 4.80 2.60' .42 8 34.68 45.60 45.60 56.52 Group II 21.99 5.02 4.80 2.60' .42 8 34.83 45.825 45.825 56.82 Group III 22.12 5.02 4.80 2.60' .42 8 34.96 46.02 46.02 57.08 Group IV 22.31 5.02 4.80 2.60' .42 8 35.15 46.305 46.305 57.46 Group V 22.25 5.02 4.80 2.60' .42 8 35.09 46.215 46.215 57.34 Group VI 22.37 5.02 4.80 2.60' 42 8 35.21 46.395 46.395 57.58 Group VII 22.62 5.02 4.80 2.60' .42 8 35.46 46.77 46.77 58.08 Group VIII 22.87 5.02 4.80 2.60' .42 8 35.71 47.145 47.!45 58.58 Group IX 23.07 5.02 4.80 2.608 .42 8 35.91 47.445 47.445 58.98 Group X 23.37 5.02 4.80 2.608 .42 8 36.21 47.895 47.895 59.58 Group XI 23.87 5.02 4.80 2.608 .42 8 36.71 48.645 48.645 60.58 Subjoumeymans 0-2000 hours l 1.50 5.02 4.80 1.20' .42 8 22.94 28.69 28.69 34.44 2001-4000 hours 13.50 5.02 4.80 1.458 .42 8 25.19 31.94 31.94 38.69 4001-6000 hours 15.50 5.02 4.80 L708 .42 8 27.44 35.19 35.19 42.94 Over 6000 hours and thereafter atjoumeyman rites e Includes an amount for supplemental dues. ~ Subjourneyman may be employed at a ratio of one subjourneyman for every five journeymen For classifications within each group, see page 21A. RECOGNIZED HOLIDAYS: Holidays upon which the general prevailing hourly wage rate for Holiday work shall be paid, shall be all holidays in the collective bargaining agreement, applicable to [he particular craft, classification, or type of worker employed on the project, which is on file with the Director of Industrial Relations. If the prevailing rate is not based on a collectively bargained rate, the holidays upon which [he prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code. You may obtain the holiday provisions for the current determinations on the Internet at h~~//www dir ca pov/DLSR/PWD. Holiday provisions for current or superseded determinations may be obtained by contacting the Prevailing Wage Unit at (415) 703- 4774. TRAVEL AND/OR SUBSISTENCE PAYMENT: In accordance with Labor Code Sections 1773.1 and 1773.9, contractors shall make travel and/or subsistence payments to each worker to execute the work. You may obtain the travel and/or subsistence provisions for the current determinations on the Internet at ham://www.dicca.tov/DLSR/PWD. Travel and/or subsistence requirements for current or superseded determinations maybe obtained by contacting the Prevailing Wage Unit at (415) 703-4774. 21 02 32g DETERMINATION: SC-23-261-2-2002-I Group 1 Warehouseman and Teamster Group II Driver of Vehicle or Combination of Vehicles - 2 axles Traffic Control Pilot Car, excluding moving heavy equipment permit load Truck Mounted Power Broom Group III Driver of Vehicle or Combination of Vehicles - 3 axles Boorman Cement Mason Distribution Truck Fuel Tmck Driver Water Truck - 2 axles Dump Tmck of less than 16 yards water level Erosion Control Driver Croup IV Driver of Transit Mix Tmck-Under 3 yds Dumpcrete Truck Less than 6 t/2 yards water level Truck Repairman Helper Group V Water Truck 3 or more axles Warehouseman Clerk Working Truck Driver Truck Greaser and Tireman - $0.50 additional for Tireman Pipeline and Utility Working Tmck Driver, including Winch Tmck and Plastic Fusion, limited to Pipeline and Utility Work Slurry Truck Driver Group VI Driver of Transit Mix Truck - 3 yds or more Dumpcre[e Truck 6 1/2 yds water level and over Driver of Vehicle or Combination of Vehicles - 4 or more axles Driver of Oil Spreader Truck Dump Truck 16 yds to 25 yds water level Group VR A Frame, Swedish Crane or Similar Forklift Driver Ross Carrier Driver Group Vlll Dump Truck 25 yds to 49 yards water level Truck Repairman Water Pull Single Engine Welder Group IX Truck Repairman Welder Low Bed Driver, 9 axles or over Group X Water Pull Single Engine with attachment Dump Truck - 50 yards or more water level Group XI Water Pall Twin Engine Water Pull Twin Engine with attachments Winch Tmck Driver - $0.25 additional when operating a Winch or similar special attachments. 2IA p2 329 GENERAL PREVAILING WAGE DETERMINATION MADE BY THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER 1, ARTICLE 2, SECTIONS 1770, 1773 AND 1773.1 FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS CRAFT: TEAMSTER (SPECIAL SHIFT) DETERMINATION: SC-23-261-2-2002-1 ISSUE DATE: August 22, 2002 EXPIRATION DATE OF DETERMINATION: June 30, 2003* Effective until superseded by a new determination issued by [he Director of Industrial Relations. Contact [he Division of Labor Statistics and Research at (415) 703-4774 for new rates after 10 days from the expiration date, if no subsequent determination is issued. LOCALITY: All localities within Imperial, Inyo, Kern, Los Angeles, Mono, Orange, Riverside, San Bernardino, San Luis Obispo, Sanla Barbara and Ventura Counties Emolover Payments Straieh[-Time Overtime Hourl ~Rates Classification` Basic Health Pension Vacation/ Training Hours Total Daily Saturday Sunday (Joumeyperson) Hourly and Holiday Hourly and Rate Welfare Ra[e 11/2X 11/2X Holiday Group I 22.34 5.02 4.80 2.60' .42 8 34.78 46.35 46.35 57.52 Group II 22.49 5.02 4.80 2.60' 42 8 34.93 46.575 46.575 57.82 Group III 22.62 5.02 4.80 2.60' .42 8 35.06 46.77 46.77 58.08 Group 1V 22.81 5.02 4.80 2.608 .42 8 35.25 47.055 47.055 58.46 Group V 22.75 5.02 4.80 2.608 .42 8 35.19 46.965 46.965 58.34 Group VI 22.87 5.02 4.80 2.608 .42 8 35.31 47.145 47.145 58.58 Group V^ 23.12 5.02 4.80 2.608 42 8 35.56 47.52 47.52 59.08 Group VIII 23.37 5.02 4.80 2.608 .42 8 35.81 47.895 47.895 59.58 Group IX 23.57 5.02 4.80 2.60° .42 8 36.01 48.195 48.195 59.98 Group X 23.87 5.02 4.80 2.60° .42 8 36.31 48.645 48.645 60.58 Group X[ 24.37 5.02 4.80 2.608 .42 8 36.81 49.395 49.395 61.58 Subjoumeymanb 0-2000 hours 12.00 5.02 4.80 ].208 .42 8 23.44 29.44 29.44 35.44 2001-4000 hours 14.00 5.02 4.80 1.45° .42 8 25.69 32.69 32.69 39.69 4001-6000 hours 16.00 5.02 4.80 1.708 .42 8 27.94 35.94 35.94 43.94 Over 6000 hours and thereafter a[joumeyman rates Includes an amount for supplemental dues. n Subjourneyman may be employed at a ratio of one subjourneyman for every five journeymen `For classifications within each group, see page 21A. RECOGNIZED HOLIDAYS: Holidays upon which the general prevailing hourly wage rate for Holiday work shall be paid, shall be all holidays in [he collective bargaining agreement, applicable to the particular craft, classification, or type of worker employed on the project, which is on file with the Director of Industrial Relations. If the prevailing rate is not based on a collectively bargained rate, the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code. You may obtain the holiday provisions for [he current determinations on the Interne[ at ham'//www.dir.ca.eov/DLSR/PWD. Holiday provisions for current or superseded determinations may be obtained by contacting the Prevailing Wage Uni[ at (415) 703-4774. TRAVEL AND/OR SUBSISTENCE PAYMENT: [n accordance with Labor Code Sections 1773.1 and 1773.9, contractors shall make travel and/or subsistence payments to each worker to execute the work. You may obtain [he travel and/or subsistence provisions for the current determinations on the Interne[ at htto'//www.dir.ca.eov/DLSR/PWD. Travel and/or subsistence requirements for current or superseded determinations maybe obtained by contacting [he Prevailing Wage Unit at (415) 703-4774. 21B 02 329 GENERAL PREVAILING WAGE DETERMINATION MADE BY THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER I, ARTICLE 2, SECTIONS 1770, 1773 AND 1773.1 FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS CRAFT: TEAMSTER (SECOND SHIFT) DETERMINATION: SC-23-261-2-2002-1 ISSUE DATE: August 22, 2002 EXPIRATION DATE OF DETERMINA TION: Ju ne 3Q 2003* Effective until superseded b y a new determination issued by the Director of Industrial Relations. Contact the Division of Labor Sta tistics and Research at (415) 703-4774 for new rates after l0 days from the expiration date, if no subsequent de termination is issued. LOCALITY: All localities withi n Imperial, Inyo, Kem , Los Angel es, Mono, Orange, Riverside, San Bernardino, San Luis Obispo, Santa Barbara and Ventura Coun ties Emnlover Pavmen(s Straight-Time Overtime Hourly Rates Classification` Basic Health Pension Vacation/ Training Hours " Total Daily Saturday Sunday (Joumeyperson) Hourly and Holiday Hourly and Rate Welfare Rate I1/2X l1/2X Holiday Group I 22.84 5.02 4.80 2.60' .42 8 35.28 47.10 47.10 58.52 Group fl 22.99 5.02 4.80 2.60" .42 8 35.43 47.325 47.325 58.82 Group 11[ 23.12 5.02 4.80 2.60" .42 8 35.66 47.52 47.52 59.08 Group IV 23.31 5.02 4.80 2.60° 42 8 35.75 47.805 47.805 59.46 Group V 23.25 5.02 4.80 2.60' .42 8 35.69 47.715 47.715 59.34 Group VI 23.37 5.02 4.80 2.60' .42 8 35.81 47.895 47.895 59.58 Group VII 23.62 5.02 4.80 2.60' .42 8 36.06 48.27 48.27 60.08 Group VIII 23.87 5.02 4.80 2.60' .42 8 36.31 48.645 48.645 60.58 Group IX 24.07 5.02 4.80 2.60' .42 8 36.51 48.945 48.945 60.98 Group X 24.37 5.02. 4.80 2.60' .42 8 36.81 49.395 49.395 61.58 Group XI 24.87 5.02 4.80 2.60' .42 8 37.31 50.145 50.145 62.58 Subjoumeymanb 0-2000 hours 12.50 5.02 4.80 1.20' .42 8 23.94 30.19 30.19 36.44 2001-4000 hours 14.50 5.02 4.80 1.45' .42 8 26.19 33.44 33.44 40.69 4001-6000 hours 16.50 5.02 4.80 1.70' 42 8 28.44 36.69 36.69 44.94 Over 6000 hours and thereafter a[ joumeyman rates 'Includes an amount for supplemental dues. "Subjourneyman may be employed at a ratio of one subjoumeyman for every five journeymen. For classifications within each group, see page 21A. ''The third shift shall work 6.5 hours, exclusive of meal period, Cor which 8 hours straight-time shall be paid a[ the non-shift rate, Monday through Friday. RECOGNIZED HOLIDAYS: Holidays upon which the general prevailing hourly wage rate for Holiday work shall be paid, shall be all holidays in the collective bargaining agreement, applicable to the particular craft, classification, or type of worker employed on the project, which is on file with the Director of Industrial Relations. if the prevailing rate is not based on a collectively bargained rate, the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code. You may obtain the holiday provisions for the current determinations on the Internet at htto://www.dir.ca.eov/DLSR/PWD. Holiday provisions for current or supersedcd determinations may be obtained by contacting the Prevailing Wage Unit at (415) 703-4774. TRAVEL AND/OR SUBSISTENCE PAYMENT: In accordance with Labor Code Sections 1773.1 and 1773.9, contractors shall make travel and/or subsistence payments to each worker [o execute the work. You may obtain the [ravel and/or subsistence provisions' for the current determinations on the Internet at htto://www.dir.ca.eov/DLSR/PWD. Travel and/or subsistence requirements for current or superseded determinations may be obtained by contacting the Prevailing Wage Unit at (415) 703-4774. 21C 02 329 III EQUAL EMPLOYMENT REGULATIONS 02 329 AFFIRMATIVE ACTION COMPLIANCE GUIDELINES FOR CONSTRUCTION AND NON•CONSTRUCTION CONTRACTORS InPLExENTING Eh'TiTIES AFFIRnATIYE ACTION COMPLIANCE GUIDELINES FOP. CONSTRUC710N At:O NON-CONSTRUCTION CONTtiACTORS ~,aK A!(treaLtra Action Coepltanca Culaelinas naw Men eta ltnea co proviea cne leplatenunt EncStY vlcn lnlereac ton parca in ins ee the con aaccor's wort tore. lc Sa inortunitY forteepley*eneltaapraeciueroytcn• •owl ep0 ata, color, sa:, CenLraCtOr wiLnOU[ rn;t Tonal OT jtn, Yrl Cal 1LatYa, rallFien, anetatry, or nanetcaP• ITesa tuleTilnT` ;nr A!l ireacivetACClan intertatlon neeaaaary to P Sv ~ Feat ral retulac lone flan tots viii ceep3y retarlSnt AIliraaLlw Attion !or laaarallY aaalacea gro)eeta. In tna want cnatlatertin~l~ 1[Ya aaenu Caepliance ttotraa et tna 1ep ro ru etY M wasa nniav tutealinaa, cnaL P i utilitso. Gntractora •ra urtaa to contact the A!lSt4JCiva Actlen ~eenuealtasrs sunc~inlprepartnt ter any necessary tlrir Attireatlve Action plan Lf tnay era cone learlnt O1telrtt Ynaa7 ti13a Can Lra CL. 02 329 4eept Sena: :l+e (o1lovSnt Peraonf / een: rac;a (aa aeitnee Dy - cne iep:eeen c:nt en:1:v•r (Cen:rac: Coepl Lnce Oti Sct:i atoll Oe utapc trot to is protrae: i, Sa{a SeYrtt 2, fsertancy ttpuis is loot ), (.entrat La aRfiCn nits Dean Or[L'CtC ey the concracto• pt:or to Ct:oear 1, 19F6. ~, Crurenaa Arty eontraeter vno tells walliie6 for •n tAaepLlon at+eule cantACi tna Cent TLC[ CoeplUaca Oflicar !er wrtl SCaclea. 1. Att1RriAS1 VE AG10N COe4LIAMCL iROC:LI!'7 Tt+e A[tlreaLlre Action prottaa teeeeiaa Na follwtnt print lpsls: 1. Dtacriainatlen Meawe of tact, eolet, •te, aea, relitton, ancascry, eatlonal orittn, earlcal atatw, er hanelcappae acacw Ss ineons iscanc vltn [M conaclcu:len, lays, ana poi iesas of W unicea Suns, State e! 411Sonia ane County ei San Mreareiro. 2. In •eeeraanea KN Lsaevclw Oreer luAa, Na e~larntlnt eotlt7 la eeati Ltae to .ruuriej that teen M tb acacrylrucien ey wneora, eoetracton (enc lualat protualoeul aar•leu awe eonaulunts), Staters, er laaseta blot 0ua mesa rite CM leplteentiet eat1L~. Cancrac tors zaquina to Ella am Alf ireaciw Ktlon flan. 1. All eenttaeton a,ae an su0e1ttLlt to tM 11P lesantlnt en[St7 • aL er e!!K on • C0nS21111GSI0e CartTtA(S ad sAe are sotnt ewsnaas as cat aava,atc •f L30,000 er eere vSLa ana Seplaasreetint entiq b arty eM tUUI teat er aapley tee (301 er Den aerployeas, coat caw ae approwe A[tlreatlw Aetlen Ilan mlau wept, prior co tea a.a.ra of cuts COnLTICt. All eeneraecers ana wneon sale •n aueelttint to eM teplaawentent ar+tiq a eta or etfer an • AOtrCOn5S1t17CilON CANS1uCT !n cne aawa+t e , er nora, nuts taw a apprewo Attirsatlw Aeceen plan mleaa aaawt, prior to tba twra e! auto eoetraet K Ouaeeaaa. 11. t¢xltao ra sArsFYUC .rrluu-1YE AC:loa tl,At( •. AftirYtlve Attlot flan tar CO`L52llL'l^C~ eon:raetora un M art ey eta of tea lollarint eetaoaa: 1. trier to Miet avarat0 tna tOntiatt, LM tenLTatLeT Wat naq wcn et tea [ol3avtnt aec~_ar•:a apprevae ti LM laplaeanL lrt an:::y (:ontrsct Caepllanca O1llcar. •. A fLtaffeC of Ln! tentrat LOr't Attireaclw Action pel icy 1rlcluaint eetnoas o! recrYitiet ^Smri[Saa aea mean. 1I tae - eantrseier aMa ros naw an Aftirea[Sw Aetien ielit7. tae •[Ltaaa eooal peliq eat M •OOptaa 1>7 tai cenLTACLer. 0. 3Zre SaltraCL CspleaMe Ow11- t>.Set Lpert for Censtructaen Coecrucof (aeuenae). 1. L•taeeea of • curreetl~ appreeea teearal er tote of 411lerala Aftltaaciw Actlen /iaa. ]. Cartlflu[a et Mnwl pree~:i- flutlen isawe a7 Na Uplenenttnt entity Contract Caaspliaroa Ottlcar. •. Io nealw 'Annwl treGwli- fiuteee' a etTCiaeeor cost: All aYe[en[taC[ora ianefrint af171tat er aupplias to cne eontraetor Ln [.De aawounc et 510,000 er Dora, gust taw m •pprevea AflSreaciw Action flan mlaaa uaept, M[on tM waoaaltLtter eaaneta Yert. Ceaplate tna ta9lasantent aetlt7 AftiTYilw Actisn ^Centr`Lw Ceepllanca Qwlefylnt 9e vl to aepleyrnt twls !er cne /MAC tllrea yt/ra i an0 fYMlt to LM Coninct Caepliaeca Oflicer tart appreral an Atflreaciw 02 329 Attlen tollty lnc lueSn{ Ycnwa Of ncrulcln{ unoritSaa one veto. a+t COniTaCLOr L naulne to iueelt an Aftlrea [iw ACtion Coepllann flan annually [or weaaOutni yratuall• licatlon. Con[raccera eeairin{ co act •a aYDC eflC rat[off Yy rlCalrt annVal pretua lifSCatlo~ ant De plaeac open a Slat Of annually ptaQuallf lac auD- cm[necora rnlcn rill De use arail- s01e Dy tna Concoct Coepllance Offlcet LO ptlae Central COTa LC laCllStJ to tneir cnolee of suecmtractors. Affltaatlvt Action Ilan tot Mon-Cenactucclon Concuccora can Da eat a fellora: 1. -rlor to beln{ awreee the contract, Lnf COrICraC t07 coat Mw [lfa "Cm [r1GL Cespl Unca Oval:[y in{ ktpott [er Men-CenttrreLSm Ce11[rIC[Oia one veneers" (atucnae), approrte D7 tot tnpleeaetln{ mtlty cencract ce•p11,..'a o!tieer. In aealtien, the eentracter m reneot say as tttiuaftae [0 /YDeiL to cne Contract Coepliance Offleer aeeltia+al inleraa cion eoncernln{ tee t eflt nCte7'J A!l1rYCira Aetloe policies. Altis'eac!•a Acclon flan [or Sueconiraecera can -e eei u follera: 1. tzlor ca a auec on sraetor atartln{ rort fOT a COntTIC Le i, LM tYDt entraeter coat eaply rsce tars SI, Sactim A aDew for eenatrrcLlorl sueeonerae Ll ace tart II, SeeLloe 'I aDew ter nen•eenacrveclee sWeon[raets. ma contractor L reapariaiDla to tavaalra . Lnat alt et eia ei:aeenLraetera era U cetp 1 Lnce. 2. Centraecera an aneevra{ee to w auDeenctaeco ra rho taw Deen apprewt ter annual pnqualllSU Clee (1! aral3aDla). Appal tr oe aeon. A COntraCLer Me eaa ay0att[ta a pro{roe M Icn 11 no[ aDDrorte 1y cne Contract Caapllan~e 0(liur uy appeal coat etct nlnatlm to [nt Sepl earrncln{ encl[y't lejta latlva Oooy Corey r• CAC Lr Aoelnll ifatlra C(flcer. A;1 appeals mall De ,ln rrl:ln{, al{net DY cne -ereon apDUlln{ or that penen•a autnerlcac repreaentatlre one atoll k lilac r:cn ine Cenract Cesplianee O!lietr rltnin tan f.0) reraln{ eaya afar recelrin{ notice of elaappreval. 2. Ilse appeal anoule e:pla In tee rau en My Lnr actlen e! •et Contract CoepiLnee Oftlcar atuaule not taw Man team, r~llure e[ cM concraeeor to appal vitnin cm l301 wraln{ era oI neclca e! e isapproral sea ll Wa tea aetla liken h sM Coeetset Cwpllaeet Of!le ar final. C. On-aisa vf.alu avy k eeneut u! u w rift' cne accuracy o! cos eencraeter'a A!l StL tiw ACCian auclaclul eau. In see it c.en, eon[raetora will w rpulraD co anaetaca snsriaa' on their parrell rapor:a K m CM [ollerln{ eeoaa: A • Lllita (not of 111apanie er!{!n): All paraa+a Darin{ O!1{Sel In stn of te[ orljlaal peeplu of Wiepa, 7brttl Africa, cne Nice la Lac, er ine laelan awcmiiaaeac. S • {lack (net of tLpmie er!{Sn):- All persaala Darla{ on{Sea Se am e! tee clack racLl {roepa. C ftapanle: All penma et Neaiu, tuarts kican, Cuaaa,. Central er Smote Aeariun, er etlftr SpancaH eeal tare K erl{la, re{arelesa of rau. -1. ••.zLluclol~ ~zrx ale eolsaAa eotaclu+a C.=e 2CE A. At Concsatt Cafplianp Oflleer aK13 rerlaal seen Affir+aClw A[ila trefra •a eueefcue. 2I tea eenrraetor'a Afflraacfw Acsiae ilan la eet apprewe Dy cne Caelirut Capllanet Ofticu, eDa Contract Caepllanca Officer aeall necitr cot cenLractOT of tea raasafa fK elaapprevai of cM plan, one of tee ieplaeentin{ enilty'a rpulraesnu ler a aeetpcaela plan. aw eencraeter sDall M allerae tm (10) rortin{ aara 1n all see u tt.alop one aueeit • revtae0 Aftlr~aLiw Accim flan for nvlev one approval Irv W Contract Coepllanca Otfietr. a Aatan er -aeil ie lalanears: All penena twin{ erc{tea in am e[ eDf rar Last, Seu[nraae As 1a er tM tac![le Ialaaas, alto ana tecluess, !er esapla, CDlM, Japaa, Lsrea, tea Rilippla Llaasaa ate Saeoa. E • Aesriesn Iselae er Alukan wt{w: All persona Darla{ on{ine in sup e! tDS orl{foal pseplaa e! MertD Asariu. N • IIAiI 00r1,0lLL r • rrtAU tlvlaru X MAIIO1CAttm QQ1DTLt V • L7LMAtI-LRA YIIDtAM 02 3~g DLTINI:ItMS 1. "Lxal Leer eyritt" sans CM anttra v, San tr rna re loo, 11•tra lot, Ontario lays L'nlas/ a provlalen of a eentrac: oche rrl/e urtet. tSunaare hetropollun raeulrtt, cartaln veto ana pnrntl snail ee Scat ll Clca: Aru ). ea(iM0 al lollera: .. 'T11nor:;lu" ram •nDera o! ue '•A!lStrtl•e Action" 1/ • cor•SLrn; to tollertn{ railal er e:nnlc trouts: Dlaxt A, Sncraaat tna maDer of eraDtrl of protected (not of M: span l[ or:{in); XSleanit; cluaal to the sort force Dy uciln{ taneer; Aasrlcan l P ~ tlp1O)+rnC teals ana tlr CJD let, inGlra Sn{ na[lv alaan alae er A action pro{tau to aGnit•e eD )tt C1•e/ f tnl tY/LtL• Attlru Llvt K. 'Nest[ R,{trot ilea COn;faC t" nl and any LnrDU to retOT1 o n /Htl [0 anNTl CnaC CaCTlaSNLlon A LenCNCi Mf iCn Beal noC fill rltnin Na LtiD d 1n all Oaal Intl rl Cr. lfplOYNa alflnl:l on Of ^COn{CtLCLIOn Cent raCL". 1/ a11a1N [a or applicant{ for aeplo7rnt [.vetoer tna inteniien • llanee / • ac r dlscrlalnaClen U fina:ive uninttntlonal. In aeattion, SaplaaM[Sn CM of Officai an~ro t Y• Att1en aNta CO lalprow )00 /tandarel ana n Lna retwval of M. ^f erseeu" ran/ an7 Sna ivldual f17 predYCL Sv SL7 Nrou{ nd unrrealsa ty Darrler/ co , , co-partnerM3p, puD l:c service, ~etat asst[ lclal a aeployrnt ana prersion ana ensure that all van tun, a/aociatlon, axial club, Joe actima are related to )oD parfortaxa tracernal or{anliatlen, cerporattm, estate, trust racairar, s7ndicate eit7, raausaa. count?, eur+iclpal cerperacten, district {, ^Apprevad fretraaa^ era uese tt+itn LM Or suet peiitieal sublvlaien, er aa7 Cencract CeeplJanet Oftica et the ocAar {scup or coaDiuclon actlnj as a Sarpl aeentint antic? Save Oaeaad in unit. caplianet Ktn tRi/ pre{rat. ti, "rTOtattaa C'1ia/" Nana LnOaf tTOrpa at (:. "Lena LSYCL ten COn[raCL" ran/ a GontraCL ineirtauala CTaffa Or preCfcLfe atalfaL eatlen Call/ ter Nt Cent[ruCL1m, elaCt'tiinaLlm try Ue Yar1OW Teaaril rMaell ltosion, al taratim, carvarsim, and Sute civil runts last as nw Ln aatenaton, aaaol3tiM or sepals of a:lataeu:e or sa at neteatter arnead b Dullalnta, eitnw7a er etnar cnanµs ar Taetrai er Sute Jar. SnproveaMU providlet uC111L>' sanleu. " O. Mad • COnLraC[ in M1te 'SOle Seutca D. ^Loe+trae c" eaau a punnar orsar, offer aek tM eure-leplaeecint entity DarL7 Ss in ueepuera, lases, atraafeeL ar otMr • e~iar. prttlen to ful[!il Ne arranternt erotic{ an en11µt1M to solo taplaeanciat eatltla's vases, as tM teplarncint Mc1t7 v a pars?, aatiW datanlsrd ti tea f:oncract (:eeplimce scold su4 or of qr partiu v1t1t1n tLa Officer, alter couioerstten of aatinitleo a emtuccer. praetlul alNnutSn. L. ^Lontraetor" rang all parsrna (leselv0 int tanetal coattraeter/ ana pries ceentraetenl rno previea, of etlar to prevtr to qa 1epleaanLln{ ent l[7, lab[ er senicaa of an7 tins or t7ps purauaeL to • couLructim contract ricn tM t~alq. i. ^larylernt int [a+t1tY seas public ~vrisatetlm eAeo L aaatalstarlnt nr contract. T. 'submcracter- Yana eery perrort sale atrau nu an7 eentraetor ta+o Ma • eesntrset Ku tea leplaarntln{ ent:t7 ce turalsD sup-ltes, [coca, or urvina to auce cm[raetrr. Q. 'CnMra:lltutia+^ tens navlnt [ever •Leerltlar er raao in a particular )et claulliutim te.n scold rusooael7 N aapecsN 4 watt arailaellic7. G. .vjpl%K" rant ter abe perforce n,ert for eapensacion, er a param see it perrnentl7 er ntularl7 aaRloyaO try tb concraeter er aut+cons:actar. tl. 91anO1uppN Statlu• Yana aeT parson one: 1. 14/ a pn7aical er aenul Sapairvret Mticn sueacaatu117 1LSG oer et core of auto parson's riot life actlvlcau. 3. 14/ a record of aucl+ Lepaireaant et, ~. Is terra117 nµreN a eavu({ arch an lops itfaat. [. Vleteac-Lra lataraD' rang a parson ears 1. Saved m actual eut7 !era parted eI rra te.e, 1L0 a7s, an7 part .! ee:en oceurrN born AuSisat S, 1lN,, ark ea7 T, 1lTS, and wa bseear{b es released cearefree etiu etDar etlan a dlanonoraD:a discnaita; er 2. 4s dtsceartad er released tre. acLiva auc7 ter {service-cxroeted eluetltc7 u an7 part of .ode active dut> vas parterre btreen 4twt S, 11K, ana Mal T, 1!)S. 5. 'Sloaan• Yana larla rebrr of ueul and vtenic almtit7 and nmesirotit7 tLrwps 02 '~7g r_OL'AL OPPOR^TI'•Y REOU:R`!2N;5 1. Contractor agrees to fully comply with :he lays anC Programs (including regulations issued purauan; the re co) which are listed folleving thin Daragraph. Such compliance is required [o the ezttnt such lays. Programs and their regulations are, by their own terms, applicable to thi^ contract. Contractor variants Lhat he will make himself thoroughly familiar with the applicable provlaion^ of said lava, programs, and regulations prior to ceaeencinq performance of the contract. Copies of said lava, programs, and regulations are available upon request from the implementing entity's Contract Compliance Officer. So the eztent applicable, the provisions of said lava, programs and regulations are deemed to be a part of this contract as if fully set forth herein. 2. Vietnam Era Veterans' Readjustment Assistance Acts of 1972 and 1974, as amended. Pub. L. 92-540, 21t1a V, Sac. 503 (a), Publ. L. 91-SOE, Titlc IV. Sec. 402 I]8 USG 2011-201](. ]. Rehabilitation Act of 197], as aaxnded (Aandieapped) Pub. L._ 93-112 as amended. (29 USG 701-794j. 4. California Fair Employment Practice Aet. Lbor Code Saea. 1410 ct seq. S. Civil Rights Aet of 1964; as aasendad (<2 USG 2000a to 2000fl-6) and L:ecutive Order No. 11246, September 24, 1965, as amended. 6. The Contractor will include the previsions of Egwl Employment Opportunit7 (LEO) - L:aeutive Order (LO) 11246 •s ssaandad by- ED 11]75 in every subcontract or purchaa• order onleas •:empted by rules, regulations or orders of the Seeratar7 of Lbor issued pursuant to Seecion 204 of Lzeeetlve Order 11246 0! September 24, 1915, as amended so that •uch previsions will M Dlnding upon each ^ubeontraetor or vender. The Contzaeter will take such action with sespaet to any •ubcontraet er purchase ender •a the contracting agency may direct as • moans of enforcing such provisions, including; sanctions for noneomplianee~ Provided, bowver, that in the event the Contractor beeosses involved in, or is [hraatened with, litigation with a subcontractor or vcndar •s a result of such dlraetion by th• contratting agency, the Contractor suy request the United Staten to enter into such litigation to protect the interaats of the Uniiad States. The applicant further agzae• that it will be bound Dy the above •qwl opportunity clause with respect to its oaen employment practices nlsen it participates in fedcrally aaaiaied eonatruetion work: Psovided, that ii the applicant so participating is a State or local govarument, the above equal opportunity clause is not applicable to any agency, inatrwentality or subdivialen of such govcrnmeat which does not participate Sn work on or under the contract. =pua.i. orrosTUwtrr uputsn¢r+TS Q 2 3 2 9 ras• 3 of 3 6. (Cont'd) The applicant asrees that is will assist and cooperate actively with the administertns asency and the Secretary of Labor in obtalnins the compliance of contractors and subcontractors with the equal opportunity clause and the rules, resulations, and relevant orders of the Secretary of Labor, that it will furnish the administertns asency and the Secretary of Labor in obtainiottunityeclausecandithenrules~rs and subcontractors with the equal opp resulations, and relevant orders of the Secretary of Labor, [hoc i[ will furnish the administertns asency and the Secretary of labor such information as they may require for the supervision of such compliance, and that li will otherwise assist the adslniaceriforasecurtnn the discharse of the asency': primary responsibility i compliance. The applicant further asses that it will refrain from enterlns into any contract or contract modifica[!on sub~eet to L:aeutive Order 1136 of September 2~, 1965, as amended with a contractor debarred frog, or who has not desonstrated elisibility for Government contracts and federally •ssisced construction contracts pursuant to the L:eeutive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be Smposed upon contractors and subcontractors by the administertns asency or the Secretary of Labor pursuant to Pars II, Subpart D of the L:ecutive Order. In addition, the applicant asrees that if St fails or refuses to comply with these undeztakinss, the administezins asency may take any or all of tha follovins •etions: Cancel, terminate, er suspend 1n whole or in part this :rant (contract, loan, insurance, suarancee), refrain from c:[endins any further assistance to the applicant undo the prosram with respac[ co which the failure or refund occurred until satisfactory assurances of future compliance ha• been reealoed Eros such applicant, and refer the ease to the Department of Justice for appropriate le sal proceedlnss. In addition co the above, Contractor will furnish all information and reports required by L:eeutioe Order ~o. 11346 of September 2~, 1965, as ancnded to the 1mplesanClns entity's Contract Compliance Office. 02 329 AFFIR.~LtTIVL ACTION FOR DZSAELLD VLTLRA115 AND VETERANS OF T}0: VIETNAM CRa This clause is inserted pursuant to Executive Order 1:701 of January 14, 1973 and the Vietnam Era veterans Readyustment Assistance Acts of 1972 and 1974 (P.L. 92-540, 93-SOB), and is applicable pursuant to;4~_CFR See. 60-250. (I) The Contractor will not discriminate stainer any employee or applicant foT employment because he or she S• a disabled veteran or veteran of the Vietnam Era in regard to any position for which the employee or +DPlieant far employment is pualified. The Contractor atree• to take affirmative action to employ, advanea in employment and otherwise treat Qualified disabled veterans and veterans of she Vietnu Lta without discrimination based upon thclr disability or vetcrans status in all employsent practices such •s the following employment, uptradint, deaotion or transfer, reervitment, advertlsint, layoff or tcraination, rates of pay or other fors of eompensatioa, sad selectloa for trainint, includiat apprsatieeahlp. ' (2) The Contractor atrees that all suitable employment openlnts of the Contractor which cxist at the time of the a:aeution of thi• contract and those which occur durint the performane• of this contract, includint those not teneratad by this contract sad ineludint those oeeurrfnt at :n cstabllshnent of the Contractor othar.than the one wherein the contract is heist parfotsed but a:eludint those of independent operated corporate affiliates, shall b. listed at as appropriate local office of the State saployment ser-iee system wherein the op.nint occurs. Tha Coatraetor further stress to provide such reports to such local offie• ntardint employment _ openints and hires as may be reauirad~ (]) Listlnt of employrnt opeafnt^ rith the employment •erviee system pursuaat to thin clause shall N made •t least concurrently rith the use of any other recruitment •enree ar offset and shall involve the normal oblitations which attach to the placiat of a Dona lids fob order, ineludint the •eceptaaea of referrals et veterans and nonveterans. The listint of asployment opaninss dwa not nauira the hirint of any particular ~eD applicant er lrem and paztienlar sroup of yob applieanta, sad sothln= Derala is intended to nlisee the Contractor from any requiremeata in Laeeutiva Orders er ratulation• retardlnt nondlaerlmination in amploymaat. (4) The reports required b~ pazatzaph (2) of this clause shall include, but sot d< lfaited to, pariodle reports Mich shall ba filed at least quarterly rich the appropriate local office or, whs n the Centsacter has more Chan one hirlnt location is a State, with the central office of that State empleyssnt •srvlea. Such reports shall indicate for each hirint loeatien,:a) the number of indivldual• hired durint the reportint period, (b) the nussbcr of nondiaablad veterans of the Vietnam Lra hired, (e) the number of disabled veterans of the Vletna^ Er• hired, and (d) the total number of Aisablcd veterans hired. The reports shall include covered vetcrans Aired for 02 329 ~I~µ;IVf A::ION FOA HANDICAPPED YOR}.*AS (piL.cg]y112)'and,~l CFRPSecua60-761cLe Aehabillta:ion Act of 197] (1) The Contractor will nos diaerisinate stainer any employee or applicant far employment because of physical or mental handicap in retard to any position for rhieh the employee or applicant for employment if qualified. The Contractor siren` andtake affirytive action to employ, adv+n~d individuals rithout otherwise treat qualified handicaPpsieal or mental handicap in dlecrimination based upon their phy employment, all employment Practices such as the follovini: up~radini, demotion or transf t'othetuformstofacompensat~oalaaadf or termination, rates ofincludia apprentieaship. selection for crainini, i (2) The Contracter airees to comply with the rules, reiulatione sad relevant orders of the Secretary of Labor issued pursuant to the Act. (~) In the event of the Contraecor's noncompliance rith ~ iaksnlla sxncs of this clause, actions for eoncompllanee aa7 accordance rith the voice, reiulatlons and relevant orders of the Secretary of Lbor issued pursuant to the Act. iL) ~lo~asaandrappllcants fortesploymentcunotieseein•aaformatee•M prescribed by the Director, provided b7 or chrouih the eontraetini officer. Such notieae shall stets the Contraet~er~avaneaiiniaspleymaat _the law to take affirmative action to etplq t sad tM qualified handicapped aspleyaas and applicants fer employmeo , - riihes of applleante sad employees. (S) The Contractor rill notify each labor union or taprss:naa~nt er other rockers with rbicb it has a eelleetiva bariainini air contract undarstandini, shat the Centracter is bound -y tM terms of Section SO] of tM Llubilitatien Act of 197], and is eoaattthdsiea117 tale •ffirytiva •etlen so amplo7 sad advance 1n aaployman p 7 and meata117 haedieappad imdl~iduals. (6) The Contractor will include the provisions of this elaus• in eras, aubeencraet or purchase order of S2,SD0.00 or more anlasa •:aapted by rules, reiulationa or orders of the S~cratary issued pursuant to Section SO] of the Act, so that such psovisioas rill ba -indini open each Subcon[rsctor or vendor. TM Contractor rill lake such action with reepact to any subcontract or purchase order •a the Director of the Office of Federal Contract Compliane• lroiraas msy direct to enforce such provisions, ineludiai action for noneomplianea. 02 329 AFFIRY4ATIVE AC.ION fOR DISAD'r£D VLTLAANS Pa=e 2 of 3 (L) (Cont'd) on-the-job trainint under J8 USC Sec. 17D7, The Contractor shall subai[ a report rithin thirty (70) days after the end of each reportint period Therein any perforaance is aade on thin contract identifyint data for each hirin] location. The Contractor shall aatntain at each hlrins location, copies of the reports ^ubai[ted until the expiration of one year after final payaent under the contract, durint which rise these reports and related doeunentatlon shall be aade mailable, upon request, for ezaaination by any authorited representatives of the contractint officer or of the Secrctary of Labor. Documentation rould include personnel reeord• respectln= }ob openin=s, recruitaent and plaea~ent. (S) Vhenever the Contractor becosaa contractually bound to the listia= provisions of this clause, it shall advise the esploysant ecrviee syatea !a •aeh Stare where SC has eszablishmenta of the name and location of each hirint location is the Stara. Aa ion= •s the Contractor is centractually bound to these provisions sad has so adrisad the State systea, there Sa no need to advise the State systea of subsequent contraete. The Contractor suy advlaa the Stara systea Then it is eo loner bound by this contract elauaa. (6) This clause does not-apply to the list in= of eaployacnt opeainp rhieh eceur and era filled outside of the SO States, tba District of Coluabia, puerto Rico, Guam and the Virjin Islands. (7) the provisions of pasa=raphs (2), (]), (L) and (S) of this clause do not apply to epanin=s rhich the Contractor proposa• to fill from rlthia hie ors oz=sniution or to fill pursuant to • cuateaary and traditional ampleyar - anion hirin= arzan=ssent. this euluaion does not apply to • partieulas opeainj enea is amployar decides to consider •pplleaats outside of hie ors orianiution or employer - unlon arran=errant fez that openia~. (8) As used in thin claoaa~ (a) "All suitable employment epanln~s" ineludas, bat i• not limited to, openints rhieh occur in the follorin~ }ob eate=oriea~ production and nonproduetion; plant and offiea; laborers and uechanics; supervisory and nonsuparvisory; ieehnlul; and e:eeutive, •dainistrative and professional opanin=s •s are eeapensated on a salary basis of less than 525,000 per yeas. this tats ineludas full-rims employment, taaporary employment of more than three (]) days duration, and part-time employment. It doss not include openln=s rhieh the Contractor pzopoaa• to fill frog rithia his are orianisation ez to fill pursuant to • eustosu ry and traditional employer - vnien hirin= arrangement nor openiajs !n an •ducatioaal inaiitatioa rhieh era reatrietad to student^ of that institution. Onder the sost eompallini eizeumataneas an csploymeat opeain= may net be suitable fer listini, includin= such situations There the needs of Goveramant cannot reasowbly N etharvis• snppliad, rbara listinj reuld N eenerary to national •eeurity, es There the raquirsssent of listin= reuld otherwise not be for the best interest of the Gevertmnt. 02 329 AFFIRISATIVE AC:IOH FOR DISAD~LD VETERJ~NS Pa=• J of ~ (e) (cont'd) (b) "Appropriate office of means the local office of public employment o serving the area nc~re including the Distract Vir=in Islands. she State employment service systea" of [he Federal - State national syate^ fflce• with asaitned responslDilisy for the eaployment opcnin~ Sa to be filled, of Col~mbla, Guam, Puerto Rico and the (c) "Opanin=s which the Contractor pzopoees to fill from within his own or=anization" means employment openin~• for vhieh no consideration rill be =Swan to persons outside the Contraetor'• ar~anlsation (including an7 afflliataa, tubaidiarie• and the parent eampaniea) and includes any openinss vhieh the Cootraetor proposes to fill frog zcsularly established "recall" lists. (d) "t/penin~s which the Contractor proposer to fill pursuant to a cuatomar7 and traditional eaplo7cr - union hirinj arraasemcnt" moans employment openinss vhieh the Contractor proposes to fill frog union hallo, vhieh i• part of the eustoaury and traditional hiring ralationahip which a:laic betraan [M Contractor and re presenta[ives o[ his ampleyeea. (9) She Contractor asreea to eompl7 rich the raise, nsulatione and relevant ordara of the Sae ntar7 of Labor iatusd Furnunt to the Act. (10) In tba want of tba Contractor's noneoaryllaaca vit6 the ragnirenanta of thin clause, actions fos noneompliaaee ma7 De taken in •eeordanee _ with the raise, rasnlationa and nls~ant ordara of the Saeretar7 of Lbor issued pursuant to cba Aet. (11) She Contractor asraaa to peat in eoaapievona piaeaa. mailable to eaplo7sas and applieaata for employment, notieaa is a form to b. praacribad b7 the Dinetor. pro~idad b7 oz thsoush the concraetins officer. Such necieae shall state the Ceatraeter'a eblisatien wader the law to take afilrmati~a aetien to aaplo7 and ad~anea in amployaent qualified diaablad vatatana sad rataraaa of the Vistnaa Lr• for amplo7a,ant, sad the rlshta of applieantf and amplo7eas. (12) The Contractor viii neiif7 aaeh labor omen or nprasantatire of vorkars rich vhieh it has a eollactiva barsainins asraament or other eonsraet underatandln=, that the Contnttor is bound b7 the terms of the Vietnam Ira Veterans' laad~uatmant Atalatanea AeL, and is eoe:ittad to take affirmative action to anploy and adranea in employment gwlified diaablad veterans and retessna of the Vietnam Lra. (17) The Contractor rill ineluda the pro~isiona of thin clause in s~ar7 aubcoatzaes or purehaaa ordas of 510,000 oz moza anises •:emptad b7 rules, resulaiions er orders of the Seeratar7 iaauad pursuant to the Aet, ao that tue4 proviaiona will be bind ins upon aaeh subcontractor or .andor. Tha Contracter rill take aaeh active with saapset to an7 aubeontraet or purchase order •s the Dirsetor of the Office of fadsral Contract Coaplianee Trosrais may diner to anfore• aaeh pro~ialoas, includint action foz noncomplianea. 02 32g IV BONDING & INSURANCE REQUIREMENTS 02 329 FORM OF BID BO!SD KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, as Principal, and as Surety, are hereby and firmly bound unto as owner in the penal sum of for the payment of which, well and truly to be made, we hereby jointly and see°erally bind ourselves, our heirs, executors, administrators, successors and assigns. Signed, this day of 20 The condition of the above obligation is such that whereas the Principal has submitted to a certain Bid, attached hereto and hereby made a part hereof to enter into a contract in writing, for the NOW, THEREFORE, a. If said Bid shall be rejected, or in the alternate, b. If said Bid shall be accepted and the Principal shall execute a contract in the Form of contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said contract, and shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void; otherwise, the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first mentioned. SEAL (L. S.) By: 02 329 FORM OF PERFORMANCE BOh~ KNOW ALL MEN BY THESE PRESENTS: That we a hereinafter called "Principal" and ,State of hereinafter called the "Surety", are held and firmly bound unto hereinafter called "Owner", in the penal sum of Dollars (S ) in lawful money of these United States, for the payment of which sum well and truly [o be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the Owner, dated the day of 20 _, a copy of which is hereto attached and made a part hereof for the construction of: NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all 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 Surery, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension. of time, alteration or addition to the terms of the contract or to the work or to the specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. 02 329 IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each one of which shall be deemed an original. this the day of , 20 ATTEST: Secretan of Principal (Seal) Witness as to Principal Address ATTEST: Secretarv of Suren (Seal) Wimess as to Sureh Address Principal By Signature Address Surety By Attorney-In-Fact Address NOTE: Date of Bond must not be prior to date of Contract. 02 329. FOR1I OF LABOR AND MATERIALS BOND KNOW ALL MEN BY THESE PRESENTS: That we a hereinafter called "Principal" and ,State of hereinafter called the "Surety", are held and firmly bound unto . hereinafter called "Owner", in the penal sum of Dollars (5 ) in lawful money of these United States, for the payment of which sum well and truly to be made, we bind ourseh~es, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the Owner, dated the day of 20 _, a copy of which is hereto attached and made a part hereof for the construction of: NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machines, equipment and tools, consumed or used in connection with the construction of such work, and all insurance premiums on said work, and for all labor, performed in such work whether by subcontrac[or or otherwise, 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 [hat no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. PROVIDED, FURTHER, that no final set[lement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. ~2 32g IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each one of which shall be deemed an original, this the day of , 20 ATTEST: Principal Secretarv~ of Principal (Seal) Witness as ro Principal Address ATTEST: Secretan of Suren (Seal) lVintess as to Surety Address By Signature Address Surety By Attorney-In-Fact Address 2 ., ~ 9 D+n "uea,:n ca ~ irls CERTIFICATE IS ISSUED AS A MATTER OF INFORM ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ' T•-r HOLDER. THIS CEATIFlCATE DOES NOT AMEND. EXTEND OR _nr.Q.¢,RCIAL ASSOCIAT-nS INS, Tv~ ALTER THE COVERAGE AFFORDED BV THE POLICIES BELOW. ?6 EAST LA PALMA AVE COMPANIES AFFORDING COVERAGE _..~:EiM, CA 92607 coM...,. 714) 524-4949 FAX: 525-4540 A CNA-TRANSCOA'Tlhah.AL .. a j nM..,.r I?S SERVICES, INC. I 6 CNA-VP?,L=" FORG= P.O. BOX 10456 DDMrun SAN BERNA.kDINO, C:+. 52423-0458 0 C-JBB GROU? - ?2DERA:. INSVRZtsrr COUrun I D il5 t5 TO CERT4Y THAT THE POLICIES OF WSL'RANCE LISTED BELOW rAVE BEEN LSSUED TO E M~IREO~AMED ABOVE FOR THE POLICY PEAIOC v..,.~c++. ..~~..~~,.-....._..._ ~.. ..___...__.__.. ._..._. __ __.._...__ _. _... __.... ueRTIFICATE MAY 0E ISSUED OR IAAY -EICTAW, TXE INSURANCE AFFORDED By TXE -O EXCLUSIONS AND CONORtONS OF SUCr POLICIES. UMrtS SHOWN MAY HAVE BEEN REOUC _. ._. .. .. U E E C . ........ ...... ..ca. cup lu nnlCr T116 EREIN LS $UBJER TO ALL THE TEAVS, 5. TTrt of StA[RANt1 Earn wM1a I roucT VEIOTM oatE OrWDO/vYl N on t/af[ti ~,Ew.[ a u..ur, ctiw~ .ccR[wTt .2 0 0 0 0 0[ I ~C~ CO.u+aa...L oonF[.L [uam noDUCrs • CoYFlor ,wc ! 1 O O O O O C Cua.S au0t ~ occUR nASONU - .ov wuNr f l 0 0 0 O O C ..I oWNrrsacoNrn,.crolrsr*oT 1C228i5769 ' / / /01/96 ucnoccvnRact .1 000 000 I aE¢ o.Mnc[ ww w na [ S O D O C _ I Mto t:. w......,.u . 5 0 0 0 ,r*oroln[ uarm I J.N..vrD I ' coMUN[avNCUUYrt •1 000,00'. . '..u oWNm •vref . I SCwfOULED .UTDS IODI[r IN,J{JNr V~ ~~ ~ 'XlNreo ar. oz X MOKOWM[7.V'OS 1036529:37 0/01/95 10/O1/56 11oa~r vuuRr I I.- r~0 [ I I EIIOr[R~' D.[n/.GE I E Gu1.Gf UYItl1Y i I '~ .JTO DNIY - 4 .C-IOEM I E UCM .CCION^ I . _ ~ .GGI[G.'t ~ . :c[ss uunm ~ ~[N orvnRwct E3 D D D D C iuMlsEturolu+ 7972 1167 S I10/O1/96I.DCIUUTE 13,000,00 _ 1 oT,an Tfu[, wa~E1L. Eow I I S. I. R. [ 10 D C I i WOKQS COYrf1tSAT10N AM9 ST.MORT UMRS 1 f ~.. •..._. _. -:.. IEtiOTERS'LMMT I I 4CN .CCIDENT . q r.DrltlROy wtt E.IITN[ry(f [CVTM DK[ASE • roUCr IyR . -~ prs¢[r5 .111: ! CR 06EAS[•4Cw fM~Or[[ 1 l.U T 10+ OE OEU4ilON5/LOCAT1pNL _. CONSTRUCTION ~R*!ER NORTON AZR ITIONAL INSURE IRC =F:t DRIV •n AY & E BASS-SPEC. k9321 GEh=RAL LIAB. - E IRRIGATION SYSTEM FOR BUILDING 520 THE CITY OF SAN BERNARDZNO NAMED R..F{CA7E HOLDER ..._ CITY OF SAN BEFZti=?,.~.INO 300 NORTL "D" STREE"' SA:~ B3RNA3.DIN0, CA 52416-00 01 SNOUID AM DE THE uOVE D[SCt11ED roUCI[S 1f CAM~C/FlJlID [SJa0J1f T Qr1MT10M D.TE TNUEOF, TN( ISf UIND CDMraxT vA(L INp~vP7 ID ~ !~ O D.Tf wMT[M NOTCF TO THE CtIR61UTE NOIDU NY,~m TO THE W l II~J tNd+ld ><d i•I+J ~.~d hdrai/s~l+G l•IrbdE/~Id d.r,~hla~lt>F 61~~w DRD 25 S (3/971 - ~ •' ~ ' . ~ caas~cvic~ilaattrr • THIS ENDORSEMEM CHANCES THE POLICY. PLEASE AEAD R CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) ' This endorsement modlfles insurance provided under the following: 02 329 COMA~RCIAL GENERAL LIABII.rI7' COVERAGE PART -OCCURRENCE SCHEDULE NAME OF PERSON OR ORGANIZATION: CITY OF SAN BE423ARDINO PIIBLIC WORKS/ryGZNEERZNG 300 NORTB "D" STREET SAN BERNARDINO, CA 92418-0001 ~~ flf no catty appears above, iaformauon required to eompietn thb endorsement will be shown ~ the Declarations as applleable to thLs eadonementJ WHO IS AN INSURED (Secuan In !s amended to include as an tasured the person or orgaalzauoa shover. !a the Schedule, but only wish rrspect to llabllity a*+`~ % out of your wor1~' for that insured by or for yot A Pro~~,,.~~ sx ~- CG 20 10 i l 85 ~a ~ls~ Y ~a~ ~ s~'`~ ^ 9 "'`7 ~~ ~~~ ~ bra ~~ -. ~~ Authorized Representative for CtiA Irsurznce Group Golden Eagle Insurzrce Coopan7 02 329 v SUPPLEMENTAL GENERAL CONDITIONS 02 329 I\'DEX TO SliPPLE~fE\TAL GE\ER4L CONDITIONS SUBJECT ARTICLE SUPPLEMEtiTS ENI;MERATIO\S OF PL.A\S. SPECIFICATIONS A'D'D .ADDEh~A 2 STATED ALLO~~'.A.'~CES 3 SPECI.Ai HAZARDS q PUBLIC LIABILITY, VEHICLE LIABILITY A_\'D PROPERTY D.41v1AGE I?~SURANCE 5 BUILDER'S RISK I?~'SURA.tiCE 6 SCHEDULE OF PER'vIIT FEES 7 ENERGI' POLICY .AA'D CONSERVATIOK ACT 8 COPIES OF DOCUMES'TS FL'R\1SHED TO THE CO'~ITRACTOR 9 DISPOSAL OF EXCESS EXCAVATED OR REMOVED Iv1ATERIAL 10 ACCESS TO CO';TRACTOR'S RECORDS I1 02 329 SUPPLEDIENTAL GENERAL CONDITIONS ARTICLE l: SUPPLEMENTS The followin, 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 pro~~ision of that article, paragraph, subparagraph, or clause shall remain in effect. ARTICLE 2: ENUMERAT[ON OF PLANS. SPECiFICAT[ONS AND ADDENDA Follo~ring 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. of Number Sheets Title 10523 ~ ROAD CLOSURE FOR PENNSYLVANIA AVENUE AT 19T" STREET B. Specifications Title Bidding Requirements and Conh~act Forms Genera] Conditions Supplemental General Conditions Detail Drawines and Sections C Addenda '_~'o. ] Date: No. 2 Date: No. 3 Date: No. q Datc: D2 ;29 ARTICLE ~: STATED ALLOWANCES NONE ARTICLE -I: SPECL4L H.-~Z:4RDS UNKNOWN .ARTICLE ~: CONTRACTOR'S AND SUBCONTRACTOR'S PUBLIC LIABILITY VEHICLE LIABILITI', 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 famish the City with a policy or certificate of liability insurance as prescribed therein, prior to execution of the contract The hisurance Policy shall name the City of San Bernardino as additionally insured. The endorsement shall be provided by/or a~~ent of the insurance company and shall be notarized to that effect. ACCORD Forms are not acceptable nor are forms signed by the broker, unless they have Power of Attorney to bind the insurance provider. (See attached sample fom~s.) Follo~ainv is the required minimum limits ofinsmance: Bodily hrjury°............S25Q000 each person S500,000 each occutTence S~00,000 aggregate products and completed operations Property Damage......S100,000 each occun~ence S250,000 aggregate A combined single-limit policy with aggregate limits in the amount of 52,000,000.00 will be considered equivalent to the required minimum limits. The Contractor shall either (1) require each of his subcontractors to procure and to maintain duriuU the life of his subcontractor, subcontractor's Public Liability and Property Damage of the type and in the same amounts as specified in the preceding paragraph, or (2) insure the activities of his subcontractor in his own policy. B. WORKER'S COMPENSATION INSURANCE -- The Contractor's attention is directed to Section 7-4, "Worker's Compensation hlsurance", of the Standard Specifications, providing that the Contractor shall fle a signed Certification Certificate of Worker's Compensatio^ Insurance before execution of the contract. OZ 329 ARTICLE 6: BUILDER'S RISK INSURANCE (FIRE AND EXTENDED COVERAGE) The Contractor shall secure and maintain in force a Builder's Risk Insurance Police in the amount of the contract price oCall buildines that are included in the contract a~~~ard 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'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 -0- in his bid to cover the Plats Check and Building Pern~it Fee, which includes the permits for electrical, plumbing, and heating and air conditioning. Following is a breakdown of the Pemlit Fees. Street Cut Fees (Sewer. Electric, Gas) S Plan Check .................................... .....5 Building Pern~it ............................. ......S N elecu-iciPlumbin~'H.V. ce .A.C ...... .......5 O Storm Drain.......~ ........................... .....5 N Surer Capacity .............................. .....S E Sewer Connection .......................... ......5 Strong Motion ............................... ......5 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 oCCalifornia. ARTICLE 9: COPIES OF DOCLnVIENTS 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 ofthe drawings and Specifications fonming a part of the Contract Documents, and three (3) copies of such supplementary detail drawings as may be subsequently issued. 02 3z9 ARTICLE ] 0: DISPOSAL OF EXCESS EXCAVATED OR REMOVED MATERLALS Unless otherwise specified, all excess exca~°ated or removed material shalt 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. 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 United States, or any duly authorized representatives. 02 329 VI U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT STANDARDS OF CONDUCT Oflie• of Impactor Gearal 02 32~ S T A w D A t D s 0! C O t D D C T C D 3 G t t C I! I t A T 5 I t T t O D D C T I 0 1 Elected officials, employees of Comsunity Developsent Hoek Grant recipients and eootractors are thosc responsible for adainisterint the entltlectent protract and are also responsible for the protracts laietzlty. Follovint sound business practices, prescribed standards of conduct and HUD requirencnts will not only protect HVD trant funds but also those vho adctinistar the protrsa. ! D t! O S I This notice provides inforsation on specific aetivitfas that you suet avoid and ideatifics key HUD requlressents that scat be srt. The prohibited •ctivicias listed here reflect probles areas that have tottea block trant recipients into trouble in the pant. TTe purpose of this flyer is to prevent fraud sad protract abuse by aleztint key off itiala to those problesu ahead of LSse. A D T t O t I T I t E The pertinent lm and retulations that apply io the CDtC Latitlesent protract that you should have copies of ara~ * Housiat and Cessctualty DavalopsanL Aet of 197E as aseadad in 1901. • Cossaunity Developssent flock Grant tetulatlona (?~Cyt Tart S70). If you do not have eopias of thaw rapuiraaenta os ctaad fnrthar inforsution, contact your local SUD offiea. ltOCtAY tIQD Itt^t~Tf ~fD ! t0>tI f ISO:D A C T I~ I T I t i 1. Conflict of Iatersst CDOG tetulatiens (2~CTt, fart 570.611) prohibit conflicts et interest. For any mtC •etivities under your control or influenea you May Ilot, •. Obtain personal or financial interact or banafita lneludint stoney, favors, tracuitiae, cntartainssant or anythint of value that ^itht be incerpretad as eoafliet of Setersat. b. Obtain a diraet er lndiraet interest in any contract, subeoatraet or atreesrat for any CDOC activity. Thin prohibition a:tends to contracts in vhieh your spouse, ainor child. dependant os buainaas aasoeiate say have personal or financial interact. Thin prohibition astenda fos a period of one year •ftar you leave your position vlth • CDiG activity or protract. -1- SzANDAAns of coNDUCr 0 2 ~ ~ 9 rasa ~ of ~ c. Ii4D may Frant an e:eeption to :his conflict of Lateresc provision !f it determines that such an ezeeption will enhance the cffectivene:ss of the CDSG pro)eet, Aeques a for such a:ceptions must be made Sn vritint to the local HUD office. 2. rroeutesant aed Cantractina OMb Circular A-102, Uniform Aequiremeles tortheaCDbCncrotramCatItanrovides Local Covernmenta, Attachment 0, app P i P that you May Not ensa~e in any of the follovint practices in your procurement and contract administration: a. Circumvent competitive blddin~ requirescnts by: • failin= to advertlae for sealed bide or solieitinj proposals and en=a~in~ in noncompatlti~e ne~otlatlon; • failint to use established evaluation criteria in negotiations; • splistinf bids by breaking down contracts in[o small parts se"that purchase ordcz Drocedures can be used ezeept to scat Minority/Vomen Duaineas Enterprise foals; • fa~oriaj or providlnT a eompetiti•e advantage to say one firm or individual; • identifyint the names of those incited to bid; and • preparin= fictitious bide to simulate eompatitlaa. b. Fail to adhere to eonsraet award zequiraeasnta bye • allovlnj ezcessive price eharses; • avardins contracts to other rhea the low bidder without adequate ~ustifieatien: and • aeeeptin= a bid that does not contain • pries for all itass x _ services included in the invitation to Did fors. e. Fail to varif7 eontractwl tad pro~rasautie eoaplianea by eontraeters by: • aathorizia= payment few egrk not eempletedi * falsifyins inrpeetien raportsy •.alterin~ contractor iavoleesi sad • ^isusiat aeodifieatien oz chants orders. CDfG resulationa state that you Must Note Use firms sad lndividuala en HUD's Consolidated List ei Dabarnd, Suspended and ineligible Centraetors and Grantees. S. liaaneLl Naeaa~asent sad taeardimi bTatw You Must comply with the followias requiraseenta of Cl~ Cisealar A-102, Atiaehmants C, C, and CD1C re~ulttions. You Musts a. Establish internal controls to safe=uard cash, inventory and equipment. lade 7 et 7 b. Establish • ^peclal ledtcr account for •11 CDbG soaias. c. Maintain financial records lncludin=: • a retister of cash reccipts and disburses~ents; a record of all noncash transactions; • =eneral ledjer to ahoy the status of each CDDC account; * a fl:ed account led=er, and • a record of lusp-sus dzawdovns, Treasury checks received and balances of Fedezai funds. ~2 ~ 2~ d. Ensure chat you saiataia financial records. Financial reeorda and files suet be salatalaed for three years. e. Use Sacosr Sanazated Eros trant activltiea for ether e11tiD1• aetlvities. t. Dse pro~raa incose before drawinj additional =rant fuada to pay for allowable pro~raa czpenses. You Mutt Mot dray down sore funds than are needed fer youz CD3C aetivltiea and those of subtrantees. ~. Coat ~llavability You Must cosply with OMb Circular A-67, Cost Trinciplea for Stara sad Local Gover~enta. You May Mot apead CDfC fnads oa laalisibls •etivltles lacludin=~ a. Lzpenees required to carry out the rejnlar reapeaslbilities of tby jeneral local sovyzment. D. Tartieaa political •etivities (a.t., eontrlbntions toward political caspaisns, vocaz ze=latration er eaadidata fernsa). _ CD3G retulations atat• that yoo Must Het Ose CDDC funds to assist bulldinsa aayd for thy ienatal eenduet of sovernseat (e.j., city halls, eonaty adainiatratioo Dalldia=a, ate.). S. lresraa Honitoriaj OM1 tireular A-102, Ateaehsenc 2, atatya tDat yen Moat eonatantly sonitoz the periornaace of =rant-supported aetlvitias to •aaura that Lila •ehedules are N in{ sec, projected work snits by tlas periods sty Dalai• •eeeapllshed, and other perforsanee =Dale sty -yin~ achieved. HDD sub=seta that your •. Keyp records of your on-alts visits to aabjraateea sad contractors. D. place •peeial espbasis oa your swnitorin~ of the highest rink subreeipients and contractors. IL yeu have a question shoat a specific aitaation Hovesber 1. 19HS er lour raspoasibility, eentaet your local HIID Oifiee. ~~~oRV,. CERTIFICATE OF LIABILITY INSURANCE OP ID L DATEIMM/DDIYYYY) ENVZR-2 11 04/02 rROOUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ISU/Valley Insurance Service ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Licensed 0566246 HOLDER. THIS CERTIFICATE DOES NO7 AMEND, EXTEND OR 861 South Oak Park Road ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Covina CA 91724 '', ' Phone:626-966-3664 Fax:626-966-3895 ~I INSURERS AFFORDING COVERAGE NAIC# -_-T ___ _._ _ -_-__.._ _. __ INSURED ', INSURER A: A.I. Specialty Lines Ins. C_o. wsuRERa. American States Ins Co _ Environmental Project wsuRERC. _ _ __ _ _ _ Services Inc. 1585 S. ~'D" Street INSURER D. San Bernardino CA 92408 ----- --- --- ---- - I INSURER E rrn/co nr_ce THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANV REQUIREMENT, TERM OR CONDITION OF ANV CONTRACT OR OTHER DOCUMENT WI TH RESPECT TO WHICH THIS CERTIFICATE MAV BE ISSUED OR MAY PEPTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUB JECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BV PAID CLAIMS. INSR ADD'L -T----- _ _ - LTR'NSRtl TYPE OFINSURANCE POLICY NUMBER PaLIOV EFFL~TIVE POGCV EXPIRATION ~. DATE MM/ODNV DATE MMIDD/YV) LIMITS ~I. 'GENERAL LIABILITY EACH OCCURRENCE I $ Z / OOO / OOO A'R X', COMMERCIAL GENERALLIABILITV 267-7743 I 05/01/02 ~ O5/Ol/031P`EMlses(Eaoccurence) __ $100,000 ~' CLAIMS MADE }[ OCCUR ' MAD EXP (Any one person) $ 25 , OOO _ PERSONAL &ADV INJURY SZ, OOO,OOO GENERAL AGGREGATE $ 2 , OOO , OOO I GENL AGGREGATE LIMIT APPLIES PER'. PRODUCTS-COMPIOP AGG ' $ 2 , OOO / OOO ' ~_~ ~'I POLICY I-_...' PRO- ~~ LOC JECT I '. ' I, !AUTOMOBILE LIABILITY I COMBINED SINGLE LIMIT $ '. '- I ANY AUTO I (Ea accitlenq - - ALL OWNED AUTOS ~ BODILY INJURY ' I $ SCHEDULED AUTOS , '. (Per person) I r HIRED AUTOS I I BODILY INJURY i $ NON-OWNED AUTOS I I~ (Par accitlenp I _. _ _ - - __ I __-_ __ _ -__. _. _ _ _ _ i ---- - ~ (PROPERTY DAMAGE i $ I Per accitlen[) IJ ' GARAGE LIABILITY I AUTO ONLY-EA ACCIDENT ~~ $ ' ANV AUTO ~ __, II ' EA ACC I OTHER THAN __ $ - ___- _.. AUTO ONLY AGG $ EXCESSIUMBRELLA LIABILITY I EACH OCCURRENCE $S, OOO, OOO I A 7C ~'I OCCUR '~ CLAIMS MADE PROV3777704 lO/28/O2 ~~ OS/Ol/O3 AGGREGATE $ 5 r OOO r OOO I $ j DEOUGIBLE - ~ $ RETENTION $ $ r ~ WORKERS COMPENSATION AND - - II-_ _ TORY LIMITS ). ER_ - ~_ _ I 'i EMPLOYERS' LIABILITY 'I ANV PROPRIETORIPARTNERIEXECUTIVE E.L. EACH ACCIDENT $ '' GFFICERIMEMBER EXGLUDE04 ~, E.L. DISEASE-EA EMPLOYEE ~ '.. $ If yes tlescribe untler '. SPECIAL PROVISIONS below I ~ -- -_ _-- _ _ - EL DISEASE-POLICY LIMIT '~$ I I OTHER II A 'CONTRACTORS .267-7743 I 05/01/02 05/01/03., DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CANCELLATION: Ten day notice in the event of non payment. Certificate holder is included as additional insured per attached endorsement. CERTIFICATE HOLDER CANCELLATION SAi~BLF<1 SP!OULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE E%PIRATION i DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City of San Bernardino IMPOSE NO OBLIGATION OR LIABILITY OF ANV KIND UPON THE INSURER, ITS AGENTS OR Attn: Public Works/Engineering REPRESENTATIVES. 300 North "D" Street AUTHORIZED REPRESENTAT~ ///'~ San Bernardino CA 92418-001 Tim Bunsold (,~Yl~l j /~ti7-~ .CORD 25 (.°OG9/08j ©ACORD CORPORATION 1988 7 02 329 POLICY NUMBER 267-7743 COMMERCIAL GENERAL LIABILITY TH[S ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAI. LIABILITY COVERAGE PART. SCHEDULE Name of person or Organization City of San Bernardino 300 North "D" Street San Bernardino, CA 92418-001 Qf no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) W HO IS AN INSURED (Section I I) is amended to include as and insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 09 27 NOV 08, 2002 M5204 PAGE 22 CERTIFICATE HOLDER COPYO ~ ~ ~ 9 STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 COM/aNSATON iNf URA NC! FUND CERTIFICATE OF WORKER5' COMPENSATION INSURANCE NOVEMBER 7, 2002 GROUP: POLICY NUMBER' 156227 s-2002 CERTIFICATE ID' 15 CERTIFICATE EXPIRES: 07-01-2007 07-ol-zos2/o7-of-2co~ CITY OF SAN BERNARDINO PULIC WORKS ENGINEERING 300 NORTH "D" STREET SAN BERNARDINO CA 92918 Thi313 W Der6fy than we have iaeuad a valid WorkeYa Compensation insurance poicy in a Conn approved by the California Insurance Commsaioner to the empoyer named below for Ilte pdicy period indicated. This policy is not subjeU to cancellation by the Fund except upon 30 days advance written police to the employer. We will also give you 30 days advance ndice Should this poicy be cancBlled prbr to its normal expiration. This certificate of insurance is not an insurance policy and dow rxri amend, eMend or after Me coverege afforded by the pdides listed herein. Notwithstanding any requirement, term a condition of any contrad or Omer document wNh rasped to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms. exduslons, antl condidons, d such policies. AUTHORIZED REPRESENTATNE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: Q1, 000, 000 PER OCCVRRENCE ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 07-01-2002 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EaP~ovEP ENVIRONMENTAL PROJECT SERVICES, INC. P 0 BOX 983 BLUE JAY CA 92317 SCIF 10265 IEPF-UP. BO I 02 329 FORM Og pERFORMANC:F gONp Issued in six original counterparts Bond# 188 71 55 $613.00 "Premium is for contract term and is subject to adjustment based on final contract price". KNOW ALL MEN BY THESE PRESENTS: Thar we Environmental Project Services Inc. d California Corporation , hereinafter called "Principal" and Explorer Insurance Company ~ State Of Arizona hereinafter called the "Surely", are held and firmly bound 1111[0 City of son Bernardino ,hereinafter called "Owner", in the penal sum of Forty thousand, eight hundred ninety dollars & no/00. Dpllar$ 1 $4Q,890.00 ) in lawful money of these Unfired States, for the payment of which stem well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain colt[ract with the Owner. dated the 1st day of November , 20 02 , a copy of which is hereto attached and made a part hereof for the construction of: ~ioad Closure for Pennsylvania Street at 19th Street E.D.A. No. 02-8069061 NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all 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 incurrrd under such contract, attd 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 rxpense which the owner may incur in making good any default, then this obligation shaA 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 accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. PROVIDED, FURTHER, that no final set[lemenr between the Owner and the Contractor shall abridge dte right of any beneficiary hereunder, whose claim may be unsatisfied. . p2 329 IN WITNESS WHEREOF, this instrument is executed in six (6) countetparu, each one of which shall be deemed an original, this the 5th day of November yp 02 ATTEST: Environmental Project Services Inc. Principal Se„ ap~0 F' ~ ipal (Seal) ~~~P SF9 B G o INUGHPOHA7EU m SignatYYe a February 22, N ~~~ .~ ~ ~ ~ 2 1585 S. "D" St., Ste 203, San Bernardino, Ca 92408 ~ Address ~ Witness as ro Prtncipal /SP5 5OUTN "err ST, ~oZa3 Address ATTEST: Explorer Insurance Company Surety Secretary of Surtry 9%~~%~~ (Seal) _ By " Veronica L. Pratt Attorney-In-Fact • Po Box 85563, San Diego, Ca 92186 Address Wirness as to Surety Address NOTE: Date of Bond must not be prior to dace of Contract. AITP'.J JOL^fJT 'fG/TT/TT 02 329 State Of California COUnty Of San Bernardino On N,,,,PmhPr s, 2nna before me, Penelope A. Gross DATE NAME, TITLE OF OFFICER - E.G.,'JANE oOE. NOTARY PUBLIC' personally appeared Veronica L. Pratt NAME(S) OF SIGNER(S) ^ personally known to me - OR - ^ 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/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. PENELOPE A. GROSS WITNESS my hand and official seal. Commission ri1313132 c (~ " Notary Public ~ California m \.-y[/ ~ /~ /~ San Bernardino County n n ~~ ~ _ / ( ~~ `'`n 7 My Comm. Expires July 13, 2005' - ~C..f - ~y,r-~-T~-`-~ '~~-~ SIGNATURE OF NOTARY 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 of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ^ INDIVIDUAL ^ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT ^ PARTNER(S) ^ LIMITED ^ GENERAL ® ATTORNEY-IN-FACT ^ TRUSTEE(S) ^ GUARDIAN/CONSERVATOR ^ OTHER: NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTffV(IES) SIGNER(S) OTHER THAN NAMED ABOVE S 969D (4/94) 02 ;29 Issued in six original counterparts Bond# 188 71 55 "Premium included in Performace Bond". FORM OF .AAOR AND MA .RiAi.C BO\"D KNOW ALL MEN $Y THESE PRESENTS: That we Environmental Project Services Inc. a California Corporation hereinafter called "Principal and Explorer Insurance Company . State Of Arizona hereinafter called the "Surety", are held attd firmly bound unto City of San Bernardino ,hereinafter called "Owner", in the penal sum Of Forty thousand, eight hundred ninety dollars & no/00. DOllafs (40,890.00 ) in lawftrl money of these . United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors. administrators and successors, jointly and severally, firmly by these presents. •THE CONDTTfON OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the Owner, dated the 1st day of November 2p o2 , a copy of which is hereto attached and made a part hereof for the construction of: Road Closure for Pennsylvania Street at 19th Street E.D.A. No. 02-8069061 NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machines, equipment attd tools, consumed or used in connection with the construction of such work, and ail insurance premiums on said work, and for all labor, performed in such work whether by subcontractor or otherwise, then dtis obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, chat the said Surety, for value received hereby stipulates and agrees that no change, extetuion of ame, alteration or addition to the terms of the contract or to the , work to be performed thereunder or the specifications accompanying the same shall in anywise . affect its obligation on this bond, and it does hereby waive notice of any such change, extension ' of time. alteration or addition to the terms of the contract or to the work or to the specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor. shall abridge the right of any beneficiary hereunder, whose claim maybe unsatisfied. S00'd d9E:ZT Z0Jt0/TT 02 329 IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each one of which shall be deemed an original, this the sm day of November , 20 oz ATTEST; Environmental Project Services Inc. Prirtcipai .r -- - ~ Seer 4?~ f (Seat) =~ Fq By ~~.,~ L !'`y INCORPORATE[) m ~~ 5tgnarwe ~.~ February 22, `~ 7 ~ ~ ~ ~ ~ 1585 S. "D" St., Ste 203, San Bernardino Ca 92408 - 2~, ~ Address w!t ss as ro Pri cipa! /S"~5 ~v cJ7~l "~'r sT. ~~ao3 ~J ~3~2c7i'n/a. c,4.9ay-0~ Address E~lorer Insurance Company Surcry ATTEST: Secretary of Surety (Seal) Witness as ro Sarery ~~ By __L Veronica L. Pratt Arrornry-In-Fact Po Box 85563, San Diego, Ca 92186 Address Address ~~ 329 U ~- ~rAL~P V RASA State Of California (;OUnty Of San Bernardino On ~BVRiT3tiRFT, 30A2 before me, Penelope A. Cross DATE NAME. TITLE OF OFFICER- E.G..'JANE DOE, NOTARV PUBLIC' personally appeared Veronica L. Pratt NAME(S) OF SIGNER(S) ^ personally known to me - OR - ^ 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/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. ~r~+"" WITNESS my hand and official seal. PENEIOPE A. GROSS a, ~ ~ ',ommisslon b 1313132 ~ ~ ` Noraw P~bhc • Califor~o ¢ ~ ~~~ ~ San gam rdino Coun MY ~-0fnm. EK(JIfaS JUy 13, 2005 GNATURE OF NOT RV 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 of this form. CAPACITY CLAIMED BY SIGNER ^ INDIVIDUAL ^ CORPORATE OFFICER nnE(s) ^ PARTNER(S) ^ LIMITED ^ GENERAL ® ATTORNEY-IN-FACT ^ TRUSTEE(S) ^ GUARDIAN/CONSERVATOR ^ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTffV(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE S 969D (4/94) _ No. 0002928 ,~ r~ i^] ' ~ ICW GROUP ~, ~ J Power of Attorney Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of Cahfomia, The Explorer Insurance Company, a Corporation duly organized under the laws of the State of Arizona, end Independence Casualty end SureTy Company, a Corporation duly organized under the Taws of the State of Texas, (collectively referred m as the "Companies'0, do hereby appoint VERONICA L. PRATT, MATTHEW C. WELTY, GEORGE J. BL'RCHFIEL then true and lawful Attorney(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, end other similar contracts of suretyship, end any related documents. IN WITNESS WHEREOF, the Companies have caused these presents to be executed by its duly authorized officers Otis 16th day of January, 2001. ~oarMary~ p tMLUg4 _dtasr//r~t.yA O~ -' SEAN n •J?o11/.~dD~ ~ ~ ~9 1a~ 1 John H. Craig, Assistant Secretary INSURANCE COMPANY OF THE WEST THE EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTI' AND SURETY COMPANY John L. Hanntun, Executive Vice President State of California County of San Diego } SS. On 7enuary 16, 2001, before me, Norma Porter, Notary Publio, personally appeared John L. Hannum and Sohn H. Craig, personally Imowm to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in they authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which [he persons acted, executed the instrument. Witness my hand and official seal. ~ COMM. #7257540 r~r NORMA PORTER \' Y'LiL1Vv y ` NOTARY PUBLIC'-CALIFORNIA N U i ` SAN DIEGO COUNTY O •,~---. My Comnussion Expires LIII//V/"Mr `/'~-. MARCH 19, 2004 Norma Porter, Notary Public RESOLUTIONS This Power of Attorney is gamed and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies. "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, ere hereby authorized to execute Powers of Attomey appointing the person(s) named as Attorney(s)-in-Fact to date, executq sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, end other similar contracts of suretyship, and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and cwrent status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, end the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shell have the same force end effect as if manually affixed. The facshnile representations referred to herein may be effized by stamping, printing, typing or photocopying." CERTIFICATE I, [he undersigned, Assistant Secretary of Insurance Company of the West, The Explorer Insurance Company, and Indeprndence Casualty and Surety Company, do hereby certify that the foregoing Power of Attomey is in full force and effect, and has no[ been revoked, end that the above resolutions were duly adopted by the respective Hoards of Directors of the Companies, and are now in full farce. IN WITNESS WHEREOF,Ihave set my hand this 51:.h day of November 2002. `~~~~/~ John H. Craig, Assistant Secretary To verify the authenticity of this Power of Attomey you may call 1-800-877-1 111 and ask for the Surety Division. Please refer to the Power of Attomey Number, the above named individual(s) and details of the bond to which the power is attached. For infomle[ion or filing claims, please contact Surety Claims, ICW Group, 11455 EI Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400.