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R31- Economic Development Agency
ECONOMIICYDEVE LOPPMENITOAGENCY ORIGINAL FROM: Emil A. Marzullo SUBJECT: Phillips Construction, Inc. - Public Works Interim Executive Director Construction Contract for the American's with Disabilities Act ("ADA") Ramps and Sidewalks Project at various locations Citywide-Phase 1 DATE: May 10,201D Synopsis of Previous Commission/Council/Committee Action(s): On April 22,2010, Redevelopment Committee Members Johnson, Marquez and Brinker unanimously voted to recommend that the Community Development Commission consider this action for approval. ---- ---------------------—-- Recommended Motion(s): (Community Development Commission) Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute a Public Works Construction Contract by and between the Agency and Phillips Construction, Inc.for the construction of American's with Disabilities Act Ramps and Sidewalks Project at various locations Citywide - Phase I (IVDA Redevelopment Project Area) Contact Person(s): Brian Turnbull Phone: (909)663-1044 IVDA Project Area(s): Redevelopment Project Area Ward(s): 2nd Supporting Data Attached: 9 Staff Report 171 Resolution(s) RI Agreement(s)/Contract(s)O Map(s)O Letter(s) FUNDING REQUIREMENTS: Amount: $ $451,548 Source: HUD CDBG-R Funds a Budget Authority: 2009-2010 Budget Signature: ti / L - Fiscal Review: Emil A. Marzullo,Interim Ex utive Director Lori P ino- i ry, r' Administrative Services Director ------------------------------------------- ------------------- --- ------ ----- Commission/Council Notes: P NWndastomm Dv CommissionWW 2010b5-173010 Phillips Conarvtion ADA Coss Adac COMMISSION MEETING AGENDA Meeting Date: 05/17/2010 Agenda Item Number: 12-2>' i ECONOMIC DEVELOPMENT AGENCY STAFF REPORT ---------------------------------------------------------------------------------------------------------------------------- PHILLIPS CONSTRUCTION, INC. - PUBLIC WORKS CONSTRUCTION CONTRACT FOR THE AMERICAN'S WITH DISABILITIES ACT ("ADA") RAMPS AND SIDEWALKS PROJECT AT VARIOUS LOCATIONS CITYWIDE—PHASE I BACKGROUND: On February 17, 2009, Congress passed the American Recovery and Reinvestment Act of 2009 ("ARRA") which provided stimulus funding to a variety of programs for shovel-ready projects. Under the ARRA, Community Development Block Grant-Recovery Funds ("CDBG-R") were provided to the City of San Bernardino ("City"). The availability of these funds allowed for the design and construction of the American with Disabilities Act ("ADA") Ramps and Sidewalks Project to be constructed at various locations Citywide(see attached list of locations). CURRENT ISSUE: On June 1, 2009, the Mayor and Common Council of the City of San Bernardino ("Council") approved the allocation of$451,548 in CDBG-R Funds for the Redevelopment Agency of the City of San Bernardino ("Agency") to administer and construct a Citywide handicapped access improvements project. On March 15, 2010, the Community Development Commission of the City of San Bernardino ("Commission") approved the rejection of all bids solicited on November 19, 2009 and approved the re-bidding of the project. Bids were solicited on March 24, 2010, and a bid opening was held on April 6, 2010. Four (4) bids were received with Phillips Construction, Inc. ("Contractor") as the lowest, responsible bidder. A letter of protest was received on April 6, 2010, from the second lowest bidder, Quality Construction Management. The protest was based on an error in addition by the low bidder in the amount of$1.25. The error was corrected resulting in a final low bid of$197,131. Review of the bids by Agency Counsel and by Staff of the City Engineering Design Division resulted in a recommendation for the rejection of the letter of protest. The Contractor will be required to comply with Federal Davis-Bacon Prevailing Wage requirements because of the CDBG-R funding source. This contract represents the first phase of the ADA Ramps and Sidewalks Project. The second phase is currently under design. Following is a summary of the bids as received: CONTRACTOR ADDRESS BID AMOUNT 1) Phillips Construction, Inc. P.O. Box 505 $197,131.00 Lake Arrowhead, CA 92352 2) Quality Construction 11055 Alder Avenue $200,470.35 Bloominaton.CA 92316 3) ABBCO 898 Via Lain, Suite E $233,428.75 Colton,CA 92324 F4):: TK Construction P.O. Box 9608 $243,000.00 San Bernardino,CA 92427 -------------------------------------------------------------------------------------------------------------------- --------------- ew�a..u`omma.C.—ni.MCM 201=5-17-2010 rmnin.CQWmhon wA CO�«n�,sa.doe COMMISSION MEETING AGENDA Meeting Date: 05/17/2010 Agenda Item Number: F-3I Economic Development Agency Staff Report Phillips Construction, Inc. -ADA Construction Contract Page 2 ENVIRONMENTAL IMPACT: No impact under California Environmental Quality Act(CEQA) pursuant to Section 15301. FISCAL IMPACT: Account Budgeted Amount: $451.548 Balance as of: May 11, 2010 Balance after approval of this item: $254,517. RECOMMENDATION: That the Community Development Commission adopt the attached Resolution. Emil A. Malzullo, Interim xecutive Director — - - -——-- ——--...—— ——— --— — ---— - — — --- ------------— PU,, Ws%Comm Dsv Co—itwonTW 2010b5-17-2010 Phillips Comtmnion ADA Comnu M dw COMMISSION MEETING AGENDA Meeting Date: 055/17/2010 Agenda Item Number: s 1 Economic Development Agency Staff Report Phillips Construction, Inc. -ADA Construction Contract Page 2 ENVIRONMENTAL IMPACT: No impact under California Environmental Quality Act(CEQA)pursuant to Section 15301. FISCAL IMPACT: Account Budgeted Amount: $451,548 Balance as of: May 10, 2010 Balance after approval of this item: $254,517. RECOMMENDATION: That the Community Development Commission adopt the attached Resolution. EmilrA. Marcullo, Interim E cube Director - ------------------------------------------------------------------------------- --- ------------ P\AyW.W�mm pm C...inni-TW 20 IM-17-2010 Milt,C.....on ADA COn.SR.EOC COMMISSION MEETING AGENDA Meeting Date: 05/17/2010 Agenda Item Number: M PHILLIPS CONSTRUCTION ADA Access Ramps and Sidewalks at various locations (SS-B) 2007/08-2 • "G" Street and Virginia Street (2) @ NWC and SWC • "G" Street and Virginia Circle (2) @ NEC and SEC • "G" Street and 14th Street (2) @ NEC and SEC • "G" Street and Magnolia Avenue (4) @ NWC, SWC, NEC and SEC • "G" Street and Evans Street (4) @ NWC, SWC, NEC and SEC • "G" Street and 16th Street (4) @ NWC, SWC, NEC and SEC • "G" Street and 17th Street (2) @ NWC and SWC • "G" Street and 18th Street (2) @ NWC and SWC • "G" Street and 19th Street (1) @ SWC • "G" Street and Campus Way (2) @ NWC and SWC • "G" Street and 20th Street (2) @ NWC and SWC; (2) @ NEC and SEC of Alley • "G" Street and 21't Street (4) @ NWC, SWC, NEC and SEC p:%Apmdaa\A,,md&anacnmaoa\Exhibit:\2010\05-17-10 Philipp C mwmnn aoa Ramos 6 smawaks Comm Attmt me eoc, I RESOLUTION NO. C O Fly ® 2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF 3 THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT 4 AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE A PUBLIC WORKS CONSTRUCTION CONTRACT BY AND 5 BETWEEN THE AGENCY AND PHILLIPS CONSTRUCTION, INC., FOR 6 THE CONSTRUCTION OF AMERICAN'S WITH DISABILITIES ACT ("ADA") RAMPS AND SIDEWALKS PROJECT AT VARIOUS LOCATIONS 7 CITYWIDE—PHASE I (IVDA REDEVELOPMENT PROJECT AREA) 8 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") is a 9 community redevelopment agency duly created, established and authorized to transact business and 10 exercise its powers, all under and pursuant to the California Community Redevelopment Law (the 11 "CRL"), codified under Division 24, Part I of the California Health and Safety Code commencing at 12 Section 33000 and is authorized to construct improvements located within the approved 13 redevelopment project areas in the City of San Bernardino (the "City") in accordance with the CRL; 14 and 15 WHEREAS, the Community Development Commission of the City of San Bernardino (the 16 "Commission"), as the governing board of the Agency, seeks to enter into a Public Works 17 Construction Contract ("Contract') with Phillips Construction, Inc. ("Contractor"), to construct the 18 American's with Disabilities Act ("ADA") Ramps and Sidewalks located on "G" Street (see list of 19 locations attached hereto as Exhibit "A"), San Bernardino, in the Inland Valley Development 20 Agency Redevelopment Project Area("IVDA"); and 21 WHEREAS, the Project Area displays substantial and pervasive symptoms of blight that 22 cannot be remedied by private parties acting alone without community redevelopment assistance; 23 and 24 WHEREAS, on February 17, 2009, Congress passed the American Recovery and 25 Reinvestment Act of 2009 ("ARRA") which provided Community Development Block Grant- 26 Recovery Funds ("CDBG-R") to the City of San Bernardino; and 27 WHEREAS, on June 1, 2009, the Mayor and Common Council of the City of San 28 Bernardino ("Council") approved the allocation of$451,548 in CDBG-R Funds for the construction P'NyendatAm1ai0aUew1c1wns@0I OW5.17-10 Phillips Can ctjcn-ADA Convrvuron Caplan CDC Rao.Em © 1 of the ADA Ramps and Sidewalks; and 2 WHEREAS, the scope of work will include construction of ramps, curb cuts and sidewalk to 3 ensure compliance with the ADA; and 4 WHEREAS, bids to construct the ADA Ramps and Sidewalks Project were solicited on 5 March 24, 2010, and four(4) bids were received on April 6, 2010, with the Contractor, as the lowest 6 responsible bidder in the amount of$197,131; and 7 WHEREAS, a bid protest was received from Quality Construction with the recommendation 8 of Agency Counsel and the City Engineering Design Division to reject said bid protest. 9 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE 10 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS 11 FOLLOWS: 12 Section 1. The information set forth in the above recitals of this Resolution is true and 13 correct. © 14 Section 2. The Commission hereby rejects the bid protest as submitted by Quality 15 Construction on the basis of the facts as presented in the Staff Report and the Recitals. The 16 Commission hereby awards the publicly bid contract to the Contractor as the lowest responsible 17 bidder and approves the Contract between the Agency and the Contractor attached hereto, 18 incorporated herein by reference, and waives any irregularities in the bid as submitted by the 19 Contractor as permitted by the bid documents. 20 Section 3. The Interim Executive Director of the Agency is hereby authorized to execute 21 the Contract on behalf of the Agency in substantially the form attached hereto as Exhibit `B", 22 together with such changes therein as may be approved by the Interim Executive Director of the 23 Agency and Agency Counsel. The Interim Executive Director of the Agency or such other 24 designated representative of the Agency is further authorized to do any and all things and take any 25 and all actions as may be deemed necessary or advisable to effectuate the purposes of the Contract, 26 including making non-substantive modifications to the Contract. 27 Section 4. This Resolution shall take effect from and after its date of adoption by this v 28 Commission. 2 PldtlentlaNtewlmion,Vlesolm....0010105.1>.10 PMIRP,C..,mnin-ADA C.....C..1.CDC Re 1m I RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF QTHE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING 2 THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO 3 EXECUTE A PUBLIC WORKS CONSTRUCTION CONTRACT BY AND 4 BETWEEN THE AGENCY AND PHILLIPS CONSTRUCTION, INC., FOR THE CONSTRUCTION OF AMERICAN'S WITH DISABILITIES ACT 5 ("ADA") RAMPS AND SIDEWALKS PROJECT AT VARIOUS LOCATIONS CITYWIDE—PHASE I (IVDA REDEVELOPMENT PROJECT AREA) 6 7 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community 8 Development Commission of the City of San Bernardino at a meeting 9 thereof, held on the day of 2010, by the following vote to wit: 10 Commission Members: Aves Nays Abstain Absent 11 MARQUEZ 12 DESJARDINS 13 BRINKER 14 SHORETT ® 15 KELLEY — JOHNSON 16 MC CAMMACK 17 18 19 Secretary 20 21 The foregoing Resolution is hereby approved this day of 2010. 22 23 Patrick J. Morris, Chairperson Community Development Commission 24 of the City of San Bernardino 25 Approved as to Form: 26 27 By: T Agency Counsel 28 3 P NBeMesVt esolwiansV t<soWtionsS010W5-I>-IO Phllllps Consrvaion-ADA CDC R.d. EXHIBIT "A" O PHILLIPS CONSTRUCTION ADA Access Ramps and Sidewalks at various locations (SS-B) 2007/08-2 • "G" Street and Virginia Street (2) @ NWC and SWC • "G" Street and Virginia Circle (2) @ NEC and SEC • A,G" Street and 14`h Street (2) @ NEC and SEC • "G" Street and Magnolia Avenue (4) @ NWC, SWC, NEC and SEC • "G" Street and Evans Street (4) @ NWC, SWC, NEC and SEC • "G" Street and 16`h Street (4) @ NWC, SWC, NEC and SEC • "G" Street and 17th Street (2) @ NWC and SWC • "G" Street and 18`h Street (2) @ NWC and SWC • "G" Street and 19`h Street (1) @ SWC • "G" Street and Campus Way (2) @ NWC and SWC • "G" Street and 201h Street (2) @ NWC and SWC; (2) @ NEC and SEC of Alley • "G" Street and 2151 Street (4) @ NWC, SWC, NEC and SEC i P:\Aeendasweenda AtU<bmentgftM1iblts@ 010\05-17-10 Pbilllps C-11'.nlon ADA flames$Sidewalks Unlraot AttmLEa4cn EXHIBIT `B" CONTRACT DOCUMENTS �j AMERICAN'S WITH DISABILITIES ACT ("ADA") ACCESS RAMPS AND SIDEWALKS VARIOUS LOCATIONS SAN BERNARDINO, CA • 00-52-13 Public Works Construction Contract • 00-61-13 Form of Performance Bond • 00-61-13.1 Form of Labor and Material Bond • 00-62-16 Certification of Insurance Coverage • 00-73-16 Licenses & Insurances Requirements • 00-63-63 Contract Change Order Form • 00-73-46 Federal Davis-Bacon Wage Determinations PUBLIC WORKS CONSTRUCTION CONTRACT REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO [y; AMERICAN'S WITH DISABILITIES ACT ACCESS RAMPS AND SIDEWALKS VARIOUS LOCATIONS SAN BERNARDINO, CA 92404 I THIS PUBLIC WORKS CONSTRUCTION CONTRACT for the construction of AMERICAN'S WITH DISABILITIES ACT ("ADA") ACCESS RAMPS AND SIDEWALKS for the City of San Bernardino project (this "Contract"), is made and entered into this 17'" day of May, 2010, by and between Redevelopment Agency of the City of San Bernardino (referred to herein as the "Owner"or the"Agency") and Phillips Construction, Inc. (the "Contractor"). IN WITNESS HEREOF, THE UNDERSIGNED PARTIES HAVE MUTUALLY COVETED AND AGREE TO THE FOLLOWING: 1. THE CONTRACT DOCUMENTS. The complete contract is comprised of and includes: 1) the Notice of Inviting Bids; 2) the Instructions to Bidders; 3) this Contract; 4) Contractor's/Bidder's Bid, 5) Contractor's/Bidder's Statement of Experience; 6) Contractor's/Bidder's Certification Concerning No Suspension and Debarment Requirements for Public Works Contracts Under the Public, Contracts Code and for all Contracts over $25,000 (49 CFR 29); 7) Contractor's/Bidder's Certification Concerning Clean Air and Water Pollution Control; 8) Contractor's/Bidder's Certification Concerning Designation of Subcontractors; 9) Non-Collusion Affidavit; 10) Contractor's/Bidder's Certification Relating to Campaign Contributions; 11) Contractor's/Bidder's Certification Concerning Q Worker's Compensation Insurance; 12) Certification of Insurance Coverage; 13) Contractor's/Bidder's Certification Concerning Disadvantaged Business Enterprises (DBE) Information-Good Faith Efforts; 14) Contractor's/Bidder's Certification Concerning Buy American; 15) Contractor's/Bidder's Certification Concerning Trade Restrictions; 16) Contractor's/Bidder's Certification Concerning Labors Standards and Prevailing Wage Requirements; 17) Contractor's/Bidder's Certification Concerning Equal Employment Opportunity; 18) Contractor's/Bidder's Certification Concerning "Section 3" Clause; 19) Contractor's/Bidder's and Vendors Certification Concerning Affirmative Action Policy; 20) Contractor's/Bidder's Certification Concerning Nonsegregated Facilities; 21) Subcontractor's Certification Concerning Labors Standards and Prevailing Wage Requirements; 22) Subcontractor's Certification Concerning Equal Employment Opportunity; 23) Copies of State of California Contractor's Licenses, City of San Bernardino Business License, Worker's Compensation Insurance, Comprehensive General Liability Insurance per Contract; 24) Form of Performance Bond; 25) the complete Project Construction Plans and Specifications and Provisions;26) General Conditions (including without limitation, Part 1, Sections 1-9 of "Standard Specifications for public Works Construction, 2000 editorial (the "Greenbook") as supplemented by the 2002 "Cumulative Supplement to Greenbook"); 27) any Addenda issued under the Instructions to Bidders; 28) Any Regulations, Ordinances, Codes, and Laws incorporated therein or herein by reference or otherwise applicable to the Project; 29)Any Agency approved Change Order(s) submitted during construction. All of the above documents are intended to cooperate as one (1) contract so that any work called for in one (1) and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. The documents comprising the complete contract are hereinafter referred to © collectively as the"Contract Documents". 00-52-13 d 3 1 i 2.THE WORK. The Contractor agrees to furnish all tools, apparatus, facilities, equipment, labor and materials (except that specifically mentioned as being famished by others) necessary to perform © and complete the work in a good and worker like manner as called for, and in the manner designated in, and in strict conformity with the Project Construction Plans, Detail Specifications, and other Contract Documents which are identified by the signatures of the parties to this Contract and are, collectively, entitled: REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ADA ACCESS RAMPS AND SIDEWALKS VARIOUS LOCATIONS SAN BERNARDINO, CA 92404 3. CONTRACT PRICE. The Agency agrees to pay and the Contractor agrees to accept, in full payment for the work above agreed to be done, the following compensation, to-wit: Amounts as determined by applying the information contained in the Contractor's bid for the `ADA Ramps and Sidewalks Various Locations in San Bernardino, CA' (the "Project"). The amount of this Contract for the Project is One Hundred Ninety-Seven Thousand One Hundred Thirty One Dollars ($197,131). 4. CONTRACT AMENDMENTS. The Interim Executive Director of the Agency is authorized to sign on his or her own authority amendments to this Contract which are of routine or technical nature, including minor adjustments to the Schedule of Performance unless otherwise specified in this Contract. All other amendments require the mutual agreement of both the Agency and the Contractor. 5. INCORPORATION BY REFERENCE OF PART 1, SECTIONS 1-9 OF THE ® GREENBOOK, 2000 EDITION, AS SUPPLEMENTED. The Greenbook, as supplemented by the publication entitled, "2002 Cumulative Supplement to Greenbook", is hereby incorporated by this reference into this Contract. The word "Project" means and refers to the "Project", as this term is defined in the Instruction to Bidders. To the extent that any provision of the printed text which appears in this Contract is in conflict with the printed text of the provisions of the Greenbook as incorporated into this Contract by this reference, then in such event, the printed text of this Contract shall take precedence over such printed text in the Greenbook. 6. PAYMENT. Not later than the 20th day of each calendar month, the Contractor shall make a partial payment request to the Agency on the basis of an estimate approved by the Construction Manager, Architect and Agency of the work performed since the last partial payment request during the preceding month by the Contractor with (10%) ten percent of the amount of each such estimate retained by the Agency, until completion of the Project and the recordation of a Notice of Completion of all work covered by this Contract. The Agency shall make any partial payments provided for in this contract to the Contractor within thirty (30) calendar days of the Agency's receipt of an undisputed and properly executed partial payment request from the Contractor. The Agency shall pay the Contractor interest on the amount of any portion of a partial payment, excluding retention amounts, not made to the Contractor within thirty (30) calendar days of the © Agency's receipt of an undisputed and properly executed partial payment request from the Contractor at the legal rate set forth in California Code of Civil Procedure Section 685.010. Upon receipt of a partial payment request from the Contractor, the Agency shall review the partial payment request for x the purpose of determining whether or not the partial payment request is a proper partial payment request. Any partial payment request determined by the Agency not to be a proper partial payment © request suitable for payment shall be returned to the Contractor by the Agency within ten (10) working days of the Agency's receipt of such partial payment request. A partial payment request returned to the Contractor by the Agency under the provisions of this section shall be accompanied by a written document setting forth the reason(s) why the partial payment request is not proper. The number of days for the Agency to make a certain partial payment provided for in this Contract, without incurring interest pursuant to this section, shall be reduced by the number of days by which the Agency exceeds the ten (10) working days return period for such partial payment request, if determined to be improper, as set forth in this section. For the purposes of this section, a "partial payment" means all payments due to the Contractor under this contract, exclusive of that portion of the final payment designated as retention earnings. Also, for the purposes of this section, a partial payment request shall be considered properly executed by the Agency, if funds are available to pay the partial payment request and payment is not delayed due to an audit inquiry by the Agency's financial officer. The Agency will release the Contractor's retention earnings within forty-five (45) days after recordation of Notice of Completion, as defined in California Civil Code Section 3093. Recordation of a Notice of Completion for the Project by the Agency shall constitute the Agency's acceptance of the Project work. 7. STOP NOTICE. The Contractor shall promptly pay all valid bills and charges for material, labor, equipment or otherwise in connection with or arising out of the performance of this Contract, and will hold the Agency free and harmless against all liens and/or claims of lien for material, labor or equipment filed against the Agency, and from and against all expenses and liability in connection therewith, including, but not limited to, court costs and attorney's fees resulting or arising therefrom. In the event any liens and/or claims of lien are filed for record against the Agency © or any property owned by the Agency, or the Agency receives notice of any unpaid bill or charge in connection with the performance of this Contract, the Contractor shall forthwith either pay and discharge the liens and/ or claims of lien and cause same to be released of record, or the Contractor shall furnish the Agency with proper indemnity, either by satisfactory corporate Surety Bond or satisfactory title policy. Said indemnity shall also be subject to approval of Lien Holder. 8. TIME FOR COMPLETION. All work under this Contract shall be completed by a date no later than August 22, 2010, or within a period of ninety (90) calendar days from the date of the Contractor's receipt of Notice to Proceed from the Agency which date may first occur; provided, however that the Contractor shall have received its Notice to Proceed by a date no later than May 24, 2010. 9. EXTENSION OF TIME. If the Contractor is delayed by acts of negligence of the Agency, or its employees or those under it by Contract or otherwise, or by changes ordered in the work, or by strikes, lockouts, fire, unavoidable casualties, or any causes beyond the Contractor's control, or by delay authorized by the Agency, or by any justifiable cause which the Architect and Agency shall authorize, then the Contractor shall make out a written claim addressed to the Agency setting forth the reason for the delay and the extension of the time requested and forward a copy of the claim to the Architect and Agency for approval. The Architect and Agency will evaluate the claim and if the claim is justifiable, will request the Agency's approval. No such extension will be allowed unless written claim therefore has been made within three (3)working days after the delay became apparent. 10. LIQUIDATED DAMAGES FOR DELAY. The provisions of Section 6.9 of the QGreenbook are hereby modified to provide for a liquidated damages amount of Five Hundred Dollars ($500) per working day. a 11. CHANGE ORDERS. No change in work, as described in the Contract Documents, shall be made except upon the approval of the Agency. The Contractor shall not be entitled to any compensation for any additional work unless such Project Change Order is written and entered into by the Contractor and the Agency. The Project Change Order shall describe the nature of the additional work in detail, the location of the work, the time for completion thereof, and terms of compensation to be paid to the Contractor for its performance in accordance with this Contract, as modified by the Project Change Order. 12. REAL PROPERTY LIENS. The Contractor shall promptly pay all valid bills and charges for material, labor or otherwise in connection with or arising out of the performance of this Contract, and will hold the Agency free and harmless against all liens and/or claims of lien for material and labor filed against the real property or any part thereof, and from and against all expense and liability in connection therewith, including, but not limited to, court costs and attorney's fees resulting or arising therefrom. In the event any liens and/or claims of lien are filed for record against the real property, or the Agency receives notices of any unpaid bill or charge in connection with the performance of this Contract, the Contractor shall forthwith either pay and discharge the liens and/or claims of lien and cause same to be released of record, or the Contractor shall furnish the Agency with proper indemnity, either by satisfactory corporate surety bond or satisfactory title policy. Said indemnity shall also be subject to approval of the lien holder. 13. INDEMNIFICATIONS AND HOLD HARMLESS. The Contractor shall defend, indemnify, protect and hold free and harmless the Agency, its officers, employees, and agents from and against any and all actions, suits, proceedings, claims, demands, losses, costs, injuries to or death of any person or persons and expenses, including attorney's including attorney's fees, for injury or damage of any type claimed which is brought by any individual or entity, whether public or private, as © a result of the acts, errors or omissions of the Contractor, its officers, employees, agents, and its Subcontractors arising from or related to performance of the work required hereunder to complete the Project. 14. INSURANCE. The provisions of Section 7-3 and Section 7-4 of the Greenbook are hereby amended to read as follows for the purposes of this Contract: The Contractor shall procure and maintain insurance policies meeting the minimum requirements set forth below. Insurance shall be provided by insurers satisfactory to the Agency. Certificates evidencing insurance coverage shalt be delivered to the Agency for each policy required herein prior to commencement of any work. All insurance certificates shall name the Agency as an additional insured and provide for thirty(30) days prior to written notice of cancellation to the Agency. a. Comprehensive General Liability Insurance. The Contractor shall maintain comprehensive general liability insurance of not less the One Million Dollars ($1,000,000) combined single limit per occurrence. The Contractor must provide Comprehensive General Liability Insurance Policy with appropriate endorsement for builder's course of construction and fire casualty loss. b. Automobile Insurance. The Contractor shall maintain comprehensive automobile liability insurance of not less than One Million Dollars ($1,000,000) combined single limit per occurrence. © C. Worker's Compensation. The Contractor shall maintain worker's compensation coverage in accordance with the Laws of the State of California for all workers under it employ and Subcontractors performing the work required herein. 15. LABOR PROVISIONS. © a. Prevailing Wages. (1) All laborers and mechanics employed or working upon the site of the Project will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to laborers or mechanics, subject to the provisions of subparagraph a.(4) below; also, regular 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 regard to skill, except as provided in paragraph d. of this clause. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under a.(2) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the Contractor O and its Subcontractors at the site of the Project in a prominent and accessible place where it can easily be seen by the workers. (2) (i) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under this Contract shall be classified in conformance with the wage determination. The Agency shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (A) The work to be performed by the classification requested is not performed by a classification in the wage determination;and (B) The classification is utilized in the area by the construction industry; and (C) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (ii) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the Agency agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the Agency to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within thirty (30) days of receipt and so advise the Agency or will notify the Agency within the 30-day © period that additional time is necessary. i (iii) In the event the Contractor, the laborers or mechanics to be employed in the 1 classification or their representatives and the Agency do not agree on the proposed classification and © wage rate (including eh amount designated for fringe benefits where appropriate), the Agency shall refer the questions, including the views of all interested parties and the recommendation of the Agency, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within thirty (30) days of receipt and so advise the Agency or will notify the Agency within the thirty (30) day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) (iv) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (2)(ii) or (iii) of this paragraph, shall be paid to all workers performing work in the classification under this Contract from the first day on which work is performed in the classification. (3) Whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (4) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. b. Withholding. The Agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under this Contract or any other Federal contract with the same Contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same Contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the Project, all or part of the wages required by the contract, the Agency 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 of funds until such violations have ceased. C. Payrolls and Basic Records. (1) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of three (3) years thereafter for all laborers and mechanics working at the site of the Project. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including_rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section I(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under paragraph a(4) of this clause that the wages of any laborer or mechanic include the amount of © any costs reasonably anticipated in providing benefits under a plan or program described in section l(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. If the Contractor employs apprentices or trainees under approved programs shall maintain written Ij 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 the applicable programs. (2) (i) The Contractor shall submit weekly for each week in which any Contract work is performed a copy of all payrolls to the Agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under paragraph c(1) above. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029- 005-00014-1), U.S. Government Printing Office, Washington, D.C. 20402. The Contractor is responsible for the submission of copies of payrolls by all Subcontractors. (ii) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or Subcontractor or his or her agent who pays or supervises the payment of the persons employed under the Contract and shall certify the following: (A) That the payroll for the payroll period contains the information required to be maintained under paragraph c(1) above and that such information is correct and complete; (B) That each laborer and mechanic (including each helper, apprentice and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (C) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the Contract. (iii) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance"required by paragraph c.(2)(b) of this section. (iv) The falsification of any of the above certifications 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. (3) The Contractor or Subcontractor shall make the records required under paragraph c(1) of this section available for inspection, copying or transcription by authorized representatives of the Agency, the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the Contractor or Subcontractor fails to submit the required records or to make them available, the Department of Labor may, after written notice to the Contractor or the Agency take such action as may be necessary to cause the suspension of © any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for Debarment of the Contractor or Subcontractor pursuant to 29 CFR 5.12. d. Apprentices and Trainees. O (1) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the United States Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first ninety (90) days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the Project site in any craft classification shall not be greater than the ratio permitted to the Contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination of the work actually performed. Where a Contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the Contractor's or Subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify © fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (2) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the United States Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the Project site shall not be greater than permitted under the ptarrapproved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate that is not registered and participating in a training plan approved © by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the Project site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the © applicable predetermined rate for the work performed until an acceptable program is approved. (3) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity i requirements of Executive Order 11246, as amended and 29 CFR Part 30. I e. Compliance with Copeland Act Requirements. The Contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference into this Contract. f Subcontracts. The Contractor and each Subcontractor shall insert in any subcontracts the clauses contained in paragraphs a. through j. of this Contract and such other clauses may by appropriate instructions require, and also a clause requiring the Subcontractors to include these clauses in any lower tier subcontracts. The Contractor shall be responsible for the compliance by any Subcontractor or lower tier Subcontractor with all the Contract clauses in 29 CFR 5.5. g. Contract Termination: Debarment. A breach of this Contract clauses in paragraphs a. through j. of this Section 15 and a. through e. of Section 16 below are grounds for termination of this Contract, and for the Debarment of the Contractor or Subcontractor as provided in 29 CFR 5.12. h. Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this Contract. ® i. Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this Contract shall not be subject to the general disputes provision of this Contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between the Contractor (and any of its subcontracts) and the Agency, the U.S. Department of Labor, or the employees or their representatives. j. Certification of Eligibility. (1) By entering into this Contract, the Contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (2) No part of this Contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (3) The penalty for making false statements or certifications in the making of this Contract is prescribed in the U.S. Criminal Code; 18 U.S.C. 1001. O16. CONTRACT WORK HOURS AND SAFETY STANDARDS REQUIREMENTS. As used in the following provision, the term"laborers"and"mechanics" include watchmen and guards. _c ir) I 1 i a. Overtime Requirements. Neither the Contractor nor any Subcontractor contracting for any part of the Project which may require or involve the employment of laborers or mechanics shall © require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty (40)hours in such workweek, whichever is greater. b. Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in paragraph a. above, the Contractor and any Subcontractor responsible therefore shall be liable for the unpaid wages. In addition, the Contractor and Subcontractor shall be liable to the Agency for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph a. above, in the sum of Ten Dollars ($10) for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty (40) hours without payment of the overtime wages required by the clause set forth in paragraph a. above. C. Withholding for Unnaid Wages and Liquidated Damages. The Agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the Contractor or Subcontractor under any such contract or any other Federal contract with the same Contractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or Subcontractor for unpaid wages and liquidated damages © as provided in the clause set forth in paragraph b. above. d. Working conditions. Neither the Contractor nor any Subcontractor may require any laborer or mechanic employed in the performance of any contract to work in surroundings or under working conditions that are unsanitary, hazardous or dangerous to his health or safety as determined under construction safety and health standards (29 CFR Part 1926) issued by the Department of Labor. e. Subcontracts. The Contractor and any Subcontractor shall insert in any subcontracts the clauses set forth in paragraphs a. through d. and also a clause requiring the Subcontractor to include these clauses in any lower tier subcontracts. The Contractor shall be responsible for compliance by any Subcontractor or lower tier Subcontractor with the clauses set forth in paragraphs a. through d. 17. NONDISCRIMINATION. The Contractor, with regard to the work performed by it during the Contract, shall not discriminate on the grounds of race,color, or national origin in the selection and retention of Subcontractors, including procurements of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the Contract covers a program set forth in Appendix B of the Regulations. 18. DISADVANTAGED BUSINESS ENTERPRISE PROGRAM PROVISIONS. The Contractor, sub recipient or Subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. Failure by the Contractor to carry out these © requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as recipient deems appropriate. The Contractor agrees to pay each Subcontractor under this Contract for satisfactory performance of its Contract no later than ten (10) days from the receipt of each payment the Contractor receives from Agency. The Contractor agrees further to return retainage payments to each Subcontractor within seven (7) days after the Subcontractors work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the Agency. This clause applies to both Disadvantage Business Enterprises (DBE) and non-Disadvantage Business Enterprises Subcontractors. 19. CIVIL RIGHTS. The Contractor assures that it will comply with pertinent statutes, Executive Orders and such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. This Provision binds the Contractor from the bid solicitation period through the completion of this Contract. This provision shall be inserted in all subcontracts, subleases and other agreements at all tiers. 20. SOLICITATIONS FOR SUBCONTRACTS, INCLUDING PROCUREMENTS OF MATERIALS AND EQUIPMENT. In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential Subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this Contract and the Regulations . relative to nondiscrimination on the grounds of race, color or national origin. 21. INFORMATION AND REPORTS. The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its ® books, records, accounts, other sources of information and its facilities as may be determined by the Agency to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information,the The Contractor shall so certify to the Agency, as appropriate, and shall set forth what efforts it has made to obtain the information. 22. SANCTIONS FOR NONCOMPLIANCE. In the event of the Contractor's noncompliance with the nondiscrimination provisions of this Contract, the Agency shall impose such contract sanctions as determine to be appropriate, including but not limited to: a. Withholding of payments to the Contractor under the contract until the Contractor complies, and/or b. Cancellation, termination or suspension of the contract, in whole or in part. 23. INSPECTION OF RECORDS. The Contractor shall maintain an acceptable cost accounting system. The Agency, the Comptroller General of the United States or any of their duly authorized representatives shall have access to any books, documents, paper, and records of the Contractor which are directly pertinent to this Contract or the Project for the purposes of making an audit, examination, excerpts, and transcriptions. The Contractor shall maintain all required records for three(3) years after the Agency makes final payment and all other pending matters are closed. O24. RIGHTS IN INVENTIONS. All rights to inventions and materials generated under this Contract are subject to regulations issued by the Agency. Information regarding these rights is available from the Agency. P:wu 3'. 25. BREACH OF CONTRACT TERMS. Any violation or breach of terms of this Contract on the part of the Contractor or its subcontractors may result in the suspension or termination of this Contract or such other action that may be necessary to enforce the rights of the Agency under this Contract. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. This Contract shall be interpreted under the laws of the State of California. The venue for any legal proceeding to interpret any provisions of this Contract shall be in the Superior Court of the County of San Bernardino. In the event that legal proceedings may be initiated by one (1) party to enforce its rights under this Contract, than the prevailing party in such legal proceedings shall be entitled to recover from the other party, its reasonable attorneys' fees either in such legal proceedings or in a separate action to recover such reasonable attorneys' fees. In the case of the Agency, the words "reasonable attorneys' fees" include the cost and expenses calculated on an hourly basis, of all lawyers retained by the Agency in connection with the legal representation of the Agency in any matter arising from this Contract, including, without limitation, attorneys in the Office of the City Attorney and Agency Counsel. 26. TERMINATION OF CONTRACT BY AGENCY. a. The Agency may, by written notice, terminate this Contract in whole or in part at any time, either for the Agency's convenience or because of the Contractor's failure to fulfill its Contract obligations. Upon receipt of such notice, services shall be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this Contract, whether completed or in process, delivered to the Agency. b. If the termination is for the convenience of the Agency, an equitable adjustment in the Contract price shall be made, but no amount shall be allowed for anticipated profit on unperformed services. C. If the termination is due to failure to fulfill the Contractor's obligations, the Agency may take over the work and prosecute the same to completion by Contract or otherwise. In such case, the Contractor shall be liable to the Agency for any additional cost occasioned to the Agency thereby. d. If, after notice of termination for failure to fulfill Contract obligations, it is determined that the Contractor had not so failed,the termination shall be deemed to have been effected for the convenience of the Agency. In such event, adjustment in the contract price shall be made as provided in paragraph 2 of this clause. e. The rights and remedies of the Agency provided in this clause are in addition to any other rights and remedies provided by law or under this contract. 27. INCORPORATION OF PROVISIONS. The Contractor shall include the provisions of this Contract in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations of directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the Agency may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a Subcontractor or supplier as a result of © such direction, the Contractor may request the Agency to enter into such litigation to protect the interests of the Agency and, in addition,the Contractor may request the United States to enter into such litigation to protect the interests of the United States and the Department of Industrial Relations to protect the interests of the State of California. 28. CONTRACTOR CLAIMS OF$375,000 OR LESS. Claims by the Contractor relating to the Project for(a) a time extension, (b) money or damages arising from work done by, or on behalf of, the 1 /y Contractor on the Project for which payment is not expressly provided for or to which the Contractor is �i not otherwise entitled, or (c) an amount that is disputed by the Agency, with a value of$375,000 or less, are subject to the claims procedures set forth in California Public Contract Code Sections 20104, et seq., except as otherwise provided in this Contract and the incorporated documents, conditions and specifications. A copy of California Public Contract Code Sections 20104 through 20104.6 is attached to this Contract. 29. LOBBYING AND INFLUENCING FEDERAL EMPLOYEES. (1) No Federal appropriated funds shall be paid, by or on behalf of the Contractor or its Subcontractors, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant or the amendment or modification of any Federal grant. (2) If any funds other than Federal appropriated funds have been paid or will be paid by the Contractor or its Subcontractors to any person for influencing or attempting to influence an officer or employee of the Agency, any Federal Agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal grant, the Contractor shall complete and submit Standard Form-LLL, "Disclosure of Lobby Activities," in accordance with its instructions. © 30. ASSIGNMENT OF CERTAIN RIGHTS TO THE AGENCY. In entering into this Contract or a subcontract to supply goods, services, or materials pursuant to this Contract, the Contractor and/or Subcontractor offers and agrees to assign to the Agency all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to this Contract or the subcontract. This assignment shall be made and become effective at the time the Agency tenders final payment to the Contractor, without further acknowledgement by the parties. 31. ENERGY CONSERVATION REQUIREMENTS. The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency that are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94- 163) 32. PROTECTION. The Contractor shall, at all times, provide protection against weather, rain, wind, storm and heat so as to maintain all work, materials, apparatus and fixtures free from injury and damage. At the end of a day's work, all new work, and the premises, likely to be damaged by failure to provide protection as required above shall be replaced or repaired at the Contractor's expense. 33 CONTRACTORS BEST SHILL. The Contractor shall supervise and direct the work using its best efforts, skill and attention to ensure the workmanship and materials are of good quality and that © the work is completed in accordance with this Contract. The Contractor shall be solely responsible for all construction means, methods, techniques, sequences and procedures; safety on the work; and coordinating all portions on the Project to be performed by the Contractor's Laborers, Employees, Vendors and Subcontractors, if any. 1',r 34. UTILITY SERVICES. The Contractor will be able to use existing utilities without charge, including electric power and water. If the Contractor must disconnect or otherwise interrupt such services, including plumbing fixtures, to effect repairs or replacement, the use or availability of such services shall not be deprive the Project's occupants, unless the Project's occupants has been relocated. Where disruptions or disconnections will occur, other than during normal business hours, the Contractor shall obtain approval of Project's occupant, at least twenty-four (24) hours prior to such interruption. 35. LEAD-BASED PAINT. The Contractor agrees that the use of any lead-based paints is strictly prohibited and shall not be used on this Project. The Contractor agrees to submit to the Agency an Abatement Plan pursuant to the State of California Department of Health Services Regulations, and pursuant to the South Coast Air Quality Management District, prior to the commencement of work on the Project, if applicable. The Agency assumes no liability for damages for personal injury, illness, disability, or death to the Contractors, or to any Consultant or employees, agents, or invitees of the Contractor or any Consultant, or to any other person, including members of the general public, arising from or incident to the Agency Investigation Work or other activity causing or leading to contact of any kind whatsoever with lead-based paint on the Agency Site, whether the Agency has properly warned, or failed to properly wam, any persons injured. The Contractor agrees to cause all removal, transportation and disposal of the lead-based paint removal pursuant to this Contract and the Contract Documents without any cost or liability to the Agency whatsoever. The Contractor shall execute all required documents and pay such fees, taxes and ® other charges and assessments as may be charged, levied or assessed as to the removal, transportation and disposal of the lead-based paint pursuant to this Contract. The Contractor represents and warrants that all such additional fees, taxes and other charges and assessments are included within the Contract price set forth in Section 3 hereof, if applicable. 36. ASBESTOS CONTAINING MATERIALS. The Contractor agrees to submit to the Agency an Abatement Plan pursuant to the State of California Department of Health Services Regulations, and pursuant to the South Coast Air Quality Management District, prior to the commencement of work on the Project, if applicable. The Agency assumes no liability for damages for personal injury, illness, disability, or death to the Contractors, or to any Consultant or employees, agents, or invitees of the Contractor or any Consultant, or to any other person, including members of the general public, arising from or incident to the Agency Investigation Work or other activity causing or leading to contact of any kind whatsoever with Asbestos on the Agency Site, whether the Agency has properly warned, or failed to properly wam, any persons injured. The Contractor agrees to cause all removal, transportation and disposal of the asbestos removal pursuant to this Contract and the Contract Documents without any cost or liability to the Agency whatsoever. The Contractor shall execute all required documents and pay such fees, taxes and other charges and assessments as may be charged, levied or assessed as to the removal, transportation and disposal of the asbestos pursuant to this Contract. The Contractor represents and warrants that all such ® additional fees, taxes and other charges and assessments are included within the Contract price set forth in Section 3 hereof, if applicable. 37. HAZARDOUS WASTE NOTIFICATION. The Contractor shall promptly, and before the following conditions are disturbed, notify the Agency, in writing, of any of the following: ® (1) Material that the Contractor believes may be hazardous waste, as defined in Section 25117 of the California Health and Safety Code that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. (2) Subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to bidder prior to the deadline for submitting bids. (3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract. After promptly investigating the conditions of such material, if the Agency finds that the conditions do materially differ from that indicated in the information about the site in the bid packet made available to bidders prior to the deadline for accepting bids, or if the Agency finds that the conditions do involve hazardous waste, the Agency shall cause a decrease or increase in the Contractor's cost of the Project, or time required for performance of any part of the work for the Project, and shall issue a written Project Change Order under the procedures described in Section 11 of this Contract. In the event that a dispute arises between the Contractor and the Agency regarding whether the conditions materially differ, or whether the conditions involve hazardous waste, or whether such conditions cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the work for the Project, the Contractor shall not be excused from any scheduled completion date provided ® for by this Contract, but shall proceed with all work to be performed under this Contract, retaining any and all rights provided by this Contract or law which pertain to the resolution of disputes under this Contract. 38. CLEANUP. The Contractor shall keep the subject Project clean and orderly during the course of the work. Upon completion of the work contemplated by this Contract, the Contractor shall cause all debris resulting from such construction to be removed from the subject Project and shall leave the subject Project in a neat and "broom-clean" condition. 39. BUSINESS REGISTRATION CERTIFICATION. The Contractor warrants that it possesses, or shall obtain immediately after the execution and delivery of this Contract, and maintain during the period of time that this Contract is in effect, a business registration certification pursuant to Title 5 of the City Municipal Code,together with any and all other licenses, contractor license, permits, qualification, insurance and approvals of whatever nature that are legally required to be maintained by the Contractor to conduct its business activities within the City. IN WITNESS WHEREOF, three identical counterparts of this Contract, each of which shall for all purposes be deemed an original thereof, have been duly executed by the parties hereinabove named, on the day and year first herein written. AGENCY: Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic Date: By: Emil A. Marzullo, Interim Executive Director Approved as to Form and Legal Content: By: Agency o sel © CONTRACTOR: Phillips Construction, Inc. Date: By: Type or Print Contractor's/Bidder's Business Address (City, State and Zip Code) Contractor's License Contractor License Classification Contractor's License Expiration Date Bond Number Fa�c i" i FORM OF PERFORMANCE BOND ® KNOW ALL PERSONS BY THESE PRESENTS: That WHEREAS, State of California,on 20 ,awarded hereinafter designated as the "Principal",the contract to REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ADA ACCESS RAMPS AND SIDEWALKS VARIOUS LOCATIONS SAN BERNARDINO,CA NOW THEREFORE,we the Principal,and as Surety,are held and firmly bound unto the Redevelopment Aeencv of the City of San Bernardino, hereinafter called the"Owner"and/or the"Agency", in the penal sum of Dollars($ ) in [awful money of the United States, for the payment of which sum we bind ourselves, our heirs, executors, administrators,and successors,jointly and severally firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, if the above bounden Principal, his/ her or its heirs, executors, administrators, successors or assign, shall in all things stand to and abide by and keep and truly Q and faithfully perform its duties, all undertakings, covenants, terms, conditions and agreements in the said Contract and any alteration thereof made as therein provided, on his/ her or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Agency, its officers and agents, as therein stipulated, then this obligation shall become null and void: otherwise, it shall be and remain in full force and virtue, and also in case suit is brought upon such Bond,the above bounden Principal and the said surety will pay a reasonable attorney's fee which shall be awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as costs in said suit and to be included in the judgment therein rendered. And the 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 or materials and/ or equipment to be furnished thereunder or the Specifications accompanying the same, shall in anywise affect its obligations on this Bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the Specifications. IN WITNESS WHEREOF (3) three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the day of 20 By By [SIGNATURE OF AUTHORIZED PRINCIPAL/OFFICER [SIGNATURE OF AUTHORIZED PRINCIPAL/OFFICER REPRESENTATIVE OF SURETY COMPANY] REPRESENTATIVE OF CONTRACTOR] © [TYPE OR PRINT NAME OF SURETY COMPANY] [TYPE OR PRINT NAME OF CONTRACTOR] 00-61-13 Fagg 7,4 FORM OF LABOR AND MATERIAL BOND QKNOW ALL PERSONS BY THESE PRESENTS: That we as Surety, and , as Principal, are held and firmly bound unto Redevelopment Agency of the Citv of San Bernardino , in the penal sum of Dollars ($ ), said sum being(100%of the estimated amount of the foregoing and annexed Contract,to be paid to said ,for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH: That if the above bounden Principal, as Contractor in the annexed Contract or his/ her Subcontractors, shall fail to pay for any materials, provisions, provender, or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or shall fail to pay any person, company or corporation renting or hiring teams or implements or machinery for or contributing to said work to he done, or any person who supplies both work and materials therefore, or the amount due under the Employment Insurance Act with respect to such work or labor, the Surety will promptly pay for the same, in an amount not exceeding the above obligation, and also, in case suit is brought upon such Bond, the above bounden Principal and the said Surety will pay a reasonable attorney's fee which shall be awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as costs in said suit and to be included in the judgment therein rendered. This obligation and Bond shall insure to the benefit of any and all persons entitled to file claims under Section 1184C of the Code of Civil Procedure and said persons or any of them or their assigns shall have a right to action thereunder. IN WITNESS WHEREOF, we have hereunto set our hands and seals on this day of 20_ [PRINCIPAL] [SURETY] [BY] [SIGNATURE-ATTORNEY IN FACT] STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO )ss. State of California County of ) On before me, personally appeared , who 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 acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. [SIGNATURE OF NOTARY PUBLIC] (Seal) 00-61-13.1 CERTIFICATION OF INSURANCE COVERAGE THIS IS TO CERTIFY that the Contractor identified below is insured as of this date against all of the risks required to be insured against by the specifications for the project identified below, including, but not limited to, the types and amount of insurance, and the named insured required by said specifications. The undersigned further certifies that the premiums for aforesaid insurance have been paid in full for a term not less than the time between the estimated commencement and completion dates of the project, that the insurance policies will not be reduced as to limits of liability or coverage's without the prior written consent of Agency, and that Agency shall be given (30) thirty days prior written notice, delivered to the Agency by registered mail, of any intent to cancel said policies in which event Agency shall have the right, in its sole discretion,to continue the respective coverage's without alteration until satisfactory substitute coverage is provided. Dated: 20 [TYPE OR PRINT NAME AND ADDRESS [TYPE OR PRINT NAME AND ADDRESS OF CONTRACTOR] OF INSURANCE COMPANY AND/OR AGENT] [NAME] [NAME] [ADDRESS] [ADDRESS] [SIGNATURE OF AUTHORIZED PRINCIPAL/ [SIGNATURE OF AUTHORIZED PRINCIPAL/ OFFICER/REPRESENTATIVE] OFFICER/REPRESENTATIVE] [TYPE OR PRINT NAME OF AUTHORIZED [TYPE OR PRINT NAME OF AUTHORIZED PRINCIPAL/OFFICER/REPRESENTATIVE] PRINCIPAL/OFFICER/REPRESENTATIVE] [TYPE OR PRINT TITLE OF AUTHORIZED [TYPE OR PRINT TITLE OF AUTHORIZED PRINCIPAL/OFFICER/REPRESENTATIVE] PRINCIPAL/OFFICER/REPRESENTATIVE] [NAME OF PROJECT]: REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ADA ACCESS RAMPS AND SIDEWALKS VARIOUS LOCATIONS SAN BERNARDINO,CA NOTE: POLICY COPIES OF CERTIFICATES OF INSURANCE COVERAGE FROM QINSURANCE COMPANIES TO BE INCLUDED WITH THE BID 00-62-16 4'.i•,t. 23,. LICENSES & INSURANCES REQUIREMENTS COPIES OF STATE OF CALIFORNIA CONTRACTOR'S LICENSES CITY OF SAN BERNARDINO BUSINESS LICENSE WORKER'S COMPENSATION INSURANCE LIABILITY INSURANCE DOCUMENTS BID BOND COPIES OF STATE OF CALIFORNIA CONTRACTOR'S LICENSES,CITY OF SAN BERNARDINO BUSINESS LICENSE,WORKER'S COMPENSATION INSURANCE,LIABILITY INSURANCE DOCUMENTS ® 00-73-16 CONTRACT CHANGE ORDER FORM �1 Project:Redevelopment Agency of the City of San Bernardino ADA ACCESS RAMPS AND SIDEWALKS VARIOUS LOCATIONS SAN BERNARDINO,CA 92404 Change Order Number: Date of Change Order: To Contract: Redevelopment Agency of the City of San Bernardino ADA ACCESS RAMPS AND SIDEWALKS—VARIOUS LOCATIONS SAN BERNARDINO,CA Dated: By and between Redevelopment Agency of the City of San Bernardino [AGENCY],and [CONTRACTOR], Contractor is hereby directed to make the following change in contract work: By reason of Change Order No. , the time of expiration shall be adjusted as follows: calendar days shall be added/subtracted to the Contract schedule. Adjusted contract completion date shall be c O Recommended by [ARCHITECT]: Date: Accepted by [CONTRACTOR]: Date: Recommended by [AGENCY]: ' Date: i� 9 1 1 1 j 00-63-63 TIID� INSCO INSURANCE SERVICES, INC. insc�ico Underwriting Manager for: g - Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch Sun.200-Irvine.Calftmia 92614•(949)263-3300 BID BOND BOND NO. N/A KNOW ALL MEN BY THESE PRESENTS, That we. PHILLIPS CONSTRUCTION CO., INC. -----___ as Principal,and_INDEMNITY COMPANY OF CALIFORNIA ___—_---_--a corporation authorized to transact a general surety business in the State ol CALIFORNIA _ _ as Surety, are held and firmly bound unto ECONOMIC DEVELOPMENT AGENCY/CITY OF SAN BERNARDINO -----------__---__—_--___-_(hereinafter called the Obligee) in the full and just sum of TEN PERCENT OF THE TOTAL AMOUNT BID Dollars, ($_� °y?��_: )for the payment whereof in lawful money of the United States,we bind ourselves,our heirs, administrators,executors,successors and assigns,jointly and severally,firmly by these presents. WHEREAS,the said PRINCIPAL has submitted the accompanying bid for ADA ACCESS RAMPS SIDEWALKS NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid,or in the event of the failure of the Principal to enter such Contract, If the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect. Signed and Sealed this__ 25TH day of _MARCH----------__------ 2010 VEN1 _ PHILLIPS CONSTRUCTION CO., INC. INDEMNITY COMPANY OF CALIFORNIA i Surety r By J � / By: Prindpal DWIGHT REILLY Abomeytin-Faa iD-nee(ea 9ond)(Rev.1101) ACKNOWLEDGMENT State of California County of ORANGE On MARCH 25, 2010 before me, SUSAN PUGH, NOTARY PUBLIC (insert name and title of the officer) personally appeared DWIGHT REILLY who proved to me on the basis of satisfactory evidence to be the person(X)whose name($) is/ale subscribed to the within instrument and acknowledged to me that he/A1rUlbtkW executed the same in his/I > k authorized capacityp", and that by his/hN9ffeVsignature0t) on the instrument the person(, or the entity upon behalf of which the person(A) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. �..e�-..mss. {{ SUSAN PUGH WITNESS my hand and official seal. i?:r. commission n 1734680 ` r - Notary Public - Califomia z .5 Orange County _ '°'+'eMYVCOm'm.EroresMcr2ti,2011 ' Signature (Seal) SUSAN PUGH - POWER OF ATTORNEY FOR DEVELOPERS SURE TYAND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 191 IRVINE,CA 92623 1949)263-3300 KNOW ALL MEN BY THESE PRESENTS,to as except as expressly Indeed.DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,hxeay make,cda6Mle andappolim ***Dwight Reilly, H. J. Dueck, Allison Ritto, Jointly or severally*** as Marne and WvMlAdxnoy(a)*-Fact,to make,execute,delver nd etlmaeMdoe,IN antl al behalf of eald corporations,u sxetla,bonds,undertakings and contacts of surely. ship giving and granting unto MII power and oulhaiity,to do and to perform every act necessary,requisN x proper to be done in unnec on this ewtt,as each of said co poran s could do,but ree ma g to each of said corporations NII paver of SubstiMbn and re+ocetion,and all of the acts of said Attxney(s)-inFatt,pursuant to these presenb, are hereby no fled and canfemed. This Power of Attorney is granted and 6 signed by facslmile under and by authority of the faawtrg resolutions adopted by the respective Board W Dlrectas of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,affective As of January 1a12008. RESOLVED,that the doorman of the Board,the President and any We President of the corporalbn be and that each of them hereby IS authorized b execute Peers of Attorney,qualifyog the xromey(e)moved In the Powers atAtlomay to execute,on behalf of the corpaabonb,bonds,undertakings and convects of suretyship;and that the Secretary of any Anesant Swetary of the utporadons be,and each of them hereby b,authorized to Mat the execution of any such Past Of Attomey: RESOLVED,FURTHER,that the SIMMMUMS of such OMM may be of od to any such Power of Attorney or to any ceNBca a relating thxeb by famindia.and any surh Power of Attorney or certi beating such tats i signaties shall be valid and binding upon the capaebne when so aNaed and in the future with respect to any bi underladi or contract Of sur"IP IS whkn Iris of axI IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severalty caused these presents to be stand by their respectve Vice President Said daa�Ne�s/b-d�b/Mair respective Assistant Secretary this January 1 at,2008. By: �V rP4Y lV AND W W,PANVC Stephen T.Pale.Sanla Vito Presldan �J�oFeOlpHrg{: ��4�pPOgyrO 73 tt OCT By: 988 g WO 1B� Charles L.Day,Assisenl Ssas" 'dye, Y N �a tick(/POPavTs 0 ! State M California County of Orange On January td 20H before me, Chdinti Roxh Nolan PUbfc Date Here Insert Name and The of the Ofkar personally appeared Stephen T Pate and ChaMa L Day Nwr*s)of Slpnents) who paid to me at the basis of satisfactory evidence to u the Fermi whcas nane(e)III subscribed to the within hsthsmerd and acknowledged to me Mat ha'ahethy executed the same In hivharMalraNhaind Cf1Fg810PF1EA J.RCIACfI c�Wddyl101,and list by hamorMalr slgnature(s)on the Instrument the persups ,a the antly upon bow Of whim the perwn(a)acted,executed the iaWmern. lami n+emu NOOMP'KEW CALIFORNIA I ow"under PENALTY OF PERJURY under the tan of the State of California that the foregoing pargraph Is ORANKIIIE CIOURTY true and coned obtMe. 10.son .—I.ESSmyhand and off seN.� Pau Notary Sao Above Signatures ��—w`�"�-�" C xJ.ROadt CERTIFICATE The undersigned,as Assistant Secretary,of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,does hereby umNy that the loregan9 Power of Attorney twos In NII face and has not been revoked and furthermore,that the"ah"of the resolutions of the respective Boards of Dledas of said carpaetions set forn In the Porter of Attorney,we in farce as of the deb of this CeMOUIe. Thb Cemfum Is executed h the City of IMme,CalAorrua,the 25THHy of MARCH, 2010 By' Albert Hlgeorand,Assistant Baaebry �o-t 38i)(Weq(Rev.b2rDt) 0; Boa-a a-mgrj trap: Venture Insurance bervites Pg 1/ 3 01/11/10 111:115 all Pdicy lNumber OsIC1,44 oohs EntereD ACORDM CERTIFICATE OF LIABILITY INSURANCE °1 /1"/7°ITIII PROCUOIR Venture InSwarme Sarvioas THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ar PO B 469 j ONLY AND CONFERS NO RIONTS UPON THE CERTIFICATE Burbank, CA 91501 MOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. (666)726-6442 INSURERS APPORDINO COVERAGE NAIC 9 rveuur Phillips Cons:ruotion Cc Ira NIURS" '!IJa,RBi n P 0 Box 505 WSL'PEP C Lakes Arrowhead: CA 92352 M RBI a I E COVERAGES THE COL CIE6 01 INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE POR THE POLICY PERIOD INDICATED NOTa1TMSTAI ANY RECJIMMEN'T. TERM OR C040'n DN OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TI CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY TIE POLICIES DESCRIBED HERBN If SUSJECT TO ALL TAB TERMS. EXCLUlONS AND CONDITIONS OF SUCH POLIO76. AGGMWTs LIMITa 6HOI MAY HAVE BEEN RIDUCBD BY PAID CLAIMS. INTM - POLICY 44WIR AN AO .Nif!NMI TIP.W IN"I GENERAL Lunur E.04 C:wRFEN:c 11,1200 000 Xi�nVOk 'EIRAL'JABuT ;06101844 9/10/2009 9/10/2010 -S 11,1.111 'S 100 mo —r� 4A6 MA'S �CCGR : 11 WED END AN:m INMF) 115,000 J ! 'RERfQNAU d ADV INL.FT S 1 C00 OCO _ j I NNIA.AOGREGAI f ::GCEGAZ ML•e APPJEE 72. K= 3!.00.1016_CDMC/GP lf.G S 0 0 0 ,-z 1LO', ' .^. ArOMOa4E WELM LOM54m 4NGLE LMT Aa ALTO :.d Axlreeq i r- KL'TNNE:1J'D9 6&;7Li INJURY j E TARED AoTS 'C!AOVhe A TCE IhIs a:en2 I j III IY CAAAOE j 4 j I �AAN lae4TY I b+e DI.V ACCIDENT E :.r Au-c - oTR MNi EA Att I s AN 'NCI. AGG It oxen AW.LA Lam ern EACf!=ARENCE is 76A:MSM4T AGGRCGATE S I � E ETCrT10P1 f S !noaLw caI+ENEAn"K ANa EMPLOYEES'LABILRY IN'PRJ ]FTW eARTGRD:C)T>G EL.EAU ACCICE4i f cr.ItwYNrGS�tCUO:Cf : QSEAEE•En EaP.CYEE f OR•. Ur1 I:^IkOV i IEA.DISEASE.MJMCV:RAF f glen I i DNCRrT:M' CF CRIVII!LOCAMWI IYEXItIiS I EPDLUSIONI Area"BY NN"CMWN-I SPECIAL PROVRrANS CEIicate, holder nanesd as v Additi final IQfurN orr Ganaral Liability policy pc the Estrus and conditions of the policy and Endorsement CG 20 10 C7 06 B attached. 10 Day Notice of Cancellation applies in the event of non-paymIaLt of p--azium project: contract S N62473-09-C-3433, br-U Miramar, San Diego, CA CERTIFICATE H CANCELLATION SAGWL ANY Gr TN AC R ODWMMO F"uCfe Is CANC6ue WROM ME WMTM Allen Engineering Contractor, Ina TM»MtMW, ME IEEwNG WEUNR WILL ONIYPoR TO wl 3D_WTI WRITTEN 1655 B. ai"rY:ew. Or. NOTICE TO". CERTF'"A H0.PER cA P 10 ME All,SAY FAIL6M TO DD 10 NWLL Safi Bernardino, CA 92409 UPON NO D•,aAT OR LLLM:TY Of ANY KIND UPON ME INSUI\R. ITS AONTE OR N NHINN. AUTNOP MMNTATRE flee• Lw� ACORD 2512001/061 0 ACORD CORPORATION 1SS6 POLICYHOLDER COPY SC A P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 01-01-2010 GROUP: POLICY NUMBER: 3012203-2010 CERTIFICATE ID: 16 CERTIFICATE EXPIRES: 01-01-2011 01-01-2010/01-01-2011 IRVINE UNIFIED SCHOOL DISTRICT SC MIKE ANDERSON 100 NIGHTMIST IRVINE CA 92618-1710 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 10 days advance written notice to the employer. We will also give you 10 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms. exclusions. and conditions, of such policy. tTHORI�ZED REPRESENTATI DENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT X1600 - STANLEY PHILLIPS,SR, PRES - EXCLUDED. ENDORSEMENT X1600 - STANLEY PHILLIPS, JR, VP - EXCLUDED. ENDORSEMENT #1600 - JAMES PHILLIPS, SEC - EXCLUDED. ENDORSEMENT #1600 - JOHN PHILLIPS, TRES - EXCLUDED. EMPLOYER PHILLIPS CONSTRUCTION COMPANY SC PO BOX 505 LAKE ARROMHEAD CA 92352 M0409 PRINTED 12-17-2009 IREV.2-051 CONTRACTORS GUIDE TO PREVAILING WAGE REQUIREMENTS FOR FEDERALLY-ASSISTED PROJECTS FOR Construction of ADA Access Ramps and Sidewalks at various locations in San Bernardino, CA REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO 00-73-46 This is a Federally Funded project. The contractor and Subcontractors on this project must comply with HUD contract provisions 24CFR part 85.36(1), the Davis-Bacon Act, Nondiscrimination, Equal Employment Opportunity, Affirmative Action, Section 3 requirements, Anti Kickback Act, Federal Occupational Safety and Health Act and Department of Labor Standards and Regulations as set forth in the Contract Bid Documents. Should you have any questions, please contact: Brian MacGregor Project Manager PACIFIC HERITAGE INC. 700 East Redlands Blvd., Suite U-121 Redlands, CA 92373 Office: 909-793-0207 Email: brian pacificheritageinc.com TABLE OF CONTENTS Introduction Chapter I Chapter 11 Acronyms and Symbols Davis-Bacon Related Web Sites Project Wage Rate Sheet Certified Payroll Reporting Form WH-347 Statement of Compliance Form WH-348 Required Postings CHAPTER I. Laws, Regulations, Contracts and Responsibilities a. The Davis-Bacon Act (DBA) The Davis-Bacon Act requires the payment of prevailing wage rates which are determined by the U.S. Department of Labor to all laborers and mechanics on Federal government and District of Columbia construction projects in excess of$2,000.00. Construction includes alteration and/or repair, including painting and decorating, of public buildings or public works. b. Davis-Bacon and Related Acts (DBRA) Most of the related Acts are listed in 29 C.F.R. § 51(a). These laws include by reference the requirements for payment of prevailing wages determined in accordance with the DBA. Some of the related Acts contain specific coverage criteria for the construction affected by the federal assistance they provide. Thus, a determination of whether the DB prevailing wage provisions apply requires an analysis of the actual labor standards provision in the related Act. C. The Contract Work Hours and Safety Standards Act (CWHSSA) CWHSSA requires time and one half pay for overtime (O/T) hours (over 40 in any workweek) worked on the covered project. The CWHSSA applies to both direct Federal contracts and to indirect Federally-assisted contracts except where the assistance is solely in the nature of a loan guarantee or insurance. CWHSSA violations carry a liquidated damages penalty ($10/day per violation). Intentional violations of CWHSSA standards can be considered for Federal criminal prosecution Note: CWHSSA does not apply to prime contracts of$100,000 or less. CWHSSA also does not apply to construction or rehabilitation contracts that are not subject to Federal prevailing wage rates (e.g. , Davis-Bacon wage rates) d. The Copeland Act (Anti-Kickback Act) (CA) The Copeland Act makes it a federal crime for anyone to require any laborer or mechanic (employed on a Federal or Fedrally assisted project) to kickback or pay back or give up any part of their wages. The Copeland Act requires every employer (contractors and subcontractors) to submit weekly certified payroll reports (CPRs) and regulates permissible payroll deductions. Davis-Bacon Regulations The Department of Labor (DOL) has published rules and instructions concerning Davis-Bacon and other labor laws in the Code of Federal Regulations (CFR). These regulations can be found in Title 29 CFR Parts 1,3,5,6 and 7. Part 1 explains how the DOL establishes and publishes DBA wage determinations and provides instructions on how to use the determinations (aka wage decisions) and provides instructions on how to use the determinations. Part 3 describes Copeland Act requirements for payroll deductions and the submission of weekly certified payroll reports. Part 5 covers the labor standards provisions that are in your contract relating to Davis-Bacon Act wage rates and the responsibilities of contractors and contracting agencies to administer and enforce the provisions. Part 6 provides for administrative proceedings enforcing Federal labor standards on construction and service contracts. Last, Part 7 sets parameters for practice before the Administrative Review Board. These regulations are used as the basis for administering and enforcing the laws. Davis-Bacon Wage Decisions The Davis-Bacon wage decision (or wage determination) is a listing of various construction work classifications, such as Carpenter, Electrician, Plumber and Laborer, and the minimum wage rates (and fringe benefits, where prevailing) that people performing work in those classifications must be paid Davis-Bacon wage decisions are established by the DOL for various types of construction (e.g. residential, heavy, highway) and apply to specific geographic areas, usually a county or group of counties. Wage decisions are modified from time to time to keep them current. In most cases, when the contract is awarded or when constructions begins, the wage decision is 'locked-in" and no future modifications are applicable to the contract or project involved. Responsibility of the Prime Contractor The prime or general contractor is responsible for the full compliance of all employers (the contractor, subcontractors, and any lower-tier subcontractors)with the labor standards provisions applicable to the project. Because of the contractual relationship between a prime contractor and his/her subcontractors, subcontractors generally should communicate with the contract agency only through the prime contractor. CHAPTER 2 How to Comply with Labor Standards and Payroll Reporting Requirements The Wage Decision Davis-Bacon labor standards stipulate the wage payment requirements for Carpenters, Electricians, Plumbers, Roofers, Laborers, and other construction work classifications that may be needed for the project. The Davis-Bacon wage decision that applies to the project contains a schedule of work classifications and wage rates that must be followed. (A blank copy of a Project Wage Rate Sheet is provided for you and attached herein) Certified Payroll Reports A sample WH-347 and WH-348 and two instructional aids for filling out payrolls and the Statement of Compliance forms are attached. All original payrolls are to be submitted within seven days of the reporting period to the Prime Contractor. The Prime Contractor submits all payrolls to the agency representative (Pacific Heritage Inc.) Include full name, address, and social security number on the payroll forms. "Work Classification" must be one that is shown on the wage decision or additional classification form. Show hourly wage paid, daily and total weekly number of hours worked and allowable deductions (FICA, state taxes) on every payroll. If"other" deduction box is used, be sure to describe the deduction in detail on the face of the payroll. (Refer to previous attachment for allowable deductions and INSTRUCTIONS FOR COMPLETING PAYROLL FORM, WH-347, Column 8 8 9 ) Depending on whether fringe benefits are paid into a third-party trust or in cash, check box"a" or 'b" on the back of the form. If a combination of"a" and 'b" is used, explain in detail in box "c". If these are not checked, we will assume they are paid in cash. Payrolls must be submitted weekly as employees must be paid weekly. Payrolls are to be numbered sequentially. Where there are gaps between sequentially numbered payrolls, contractors should either state on the first payroll following such a gap that to the best of his /her knowledge, no employee worked on the project during the gap or submit the attached "No Work Performed" statement for each gap. All payrolls submitted must have an original ink signature. The signature may not be copied or stamped. Apprentices Department of Labor recognizes only apprentices registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Manpower Administration, Bureau of Apprenticeship and Training. If worker is an apprentice, his State BAT or DOL registration documentation must be attached to the first payroll in which the employee appears. Submit a copy of each apprentices certificate with the apprentices registration number, percentage of wage to be paid and his year of apprenticeship from the State BAT. Most often, the apprentice wage rate is expressed as a series of percentages tied to the amount of time spent in the program. The percentage is applied to the journeymans wage rate. On Davis-Bacon projects, the percentage must be applied to the journeymans wage rate on the applicable wage decision for that craft. Required Postings Post the attached poster(s) on the job site in a conspicuous place along with the wage rates, including any additional classification rates. • WH 1321 "Employee Rights Under the Davis-Bacon Act' poster • Equal Employment Opportunity is LAW _1 I M Contractor's Guide to Prevailing Acronyms and Symbols i Wage Requirements for Federally-Assisted CDBG -Community Development Block Grant Construction Projects CFR - Code of Federal Regulations CPR -Certified Payroll Report CWHSSA -Contract Work Hours and Safety Standards Act DBA - Davis-Bacon Act OBRA - Davis-Bacon and Related Acts DOL - Department of Labor FHA -Federal Housing Administration FLSA - Fair Labor Standards Act HUD - Housing and Urban Development (Department of) IHA - Indian Housing Authority LCA - Local Contracting Agency LDP - Limited Denial of Participation O/T - Overtime PHA - Public Housing Agency S/T -Straight-time SAC -State Apprenticeship Council/Agency TDHE -Tribally-Designated Housing Entity § - Section 4 - Paragraph Davis-Bacon - Related Web Sites* HUD Office of Labor Relations: w ..hud.gov/offices/olr HUD Regulations: w ..access.gpo.gov/nara/cfr/cfr-table-search.htmi HUDCIips (Forms and Publications): v .hut chps.org/cgi/index.cgi DOL Davis-Bacon and Related Acts Homepage: v ..doL gov/dol/esa/programs/dbra/index.htm DOL Regulations: v ..dol.gov/dol/allcfr/rttle_29/toc.htm Davis-Bacon Wage Decisions: w .access.gpo.gov/davfsbocon 11nt� DOL Forms: . Rtltl v ..doi.gov/dot/esa/programs/dbra/forms.htm h d -Web addresses active as of October 2004. Project Wage Rate Sheet U.S.Department of Housing and Urban Development HUD Form 4720 9 Office of Labor Relations I lo00000 PROJECT NAME: WAGE DECISION NUMBERIMODIFICATION NUMBER: PROJECT NUMBER: PROJECT COUNTY: BASIC HOURLY FRINGE TOTAL HOURLY LABORERS WORK CLASSIFICATION RATE BHR BENEFITS WAGE RATE FRINGE BENEFITS: $ GROUPS BHR TOTAL WAGE Bricklayers $ Carpenters $ t Cement Masons $ s Drywall Hangers $ $ Electricians $ $ Iron Workers $ $ OPERATORS Painters $ FRINGE BENEFITS: $ GROUP# BHR TOTAL WAGE Plumbers $ Roofers $ IF Sheet Metal Workers $ t y Soft Floor La $ $ Tapers $ $ TRUCK DRIVERS Tile Setters t FRINGE BENEFITS: $ GROUP# BHR TOTAL WAGE OTHER CLASSIFICATIONS s s s s s s ADDmoNAL CLASSIFICATIONS HUD form 4230-A DATEOF HUD BASIC HOURLY FRINGE TOTAL HOURLY SUBMISSION TO DATE OF DOL WORK CLASSIFICATION RATE BENEFITS WAGE RATE DOL APPROVAL s s s s A-4 HUD47201OY2000 � i IL ga e� E� u C G - k 3 LL 2 _ s t YN \r✓ 6 Y 7 U - C ' C ` 5 V OZ y c` MS 11 IF- -� L off U.S. Department of Labor Yarn Alquoved Wage and I lour Division Budget Bureau No 44.RI093 STATEMENT OF COMPLIANCE D.tl. I, do hcmby state'. IuwnU4...... Purl (ame) (1)That I pay or supervise the payment of the persom employed by' r( mwn w duacm on the. 'anwanw I that during the payroll period commencing on the—day al_, 19 and ending the—day of 19_all persons employed on said prglecl have been paid the Iall week Iy wages earned that no rebates have hcen or will be made either directly or indirectly to or on behalf on snit from the full weekly wages earned by any person and that no deductions have been made either Rbnrmar or suAoonso.) directly or indirectly from the fill wages earned by any person,other than permissible deductions as defined in Regulations,Pan 3(29 CFR Subtitle A), asued by the Seomtary of Labor under the Copland Act,as Amended(48 Stal. 948,63 Slat. IOg,72 Seal. 967,76 Sat. 357,40 U.S.C.276c),and dcscrilnd below: (2) Thal any payrolls otherwise under this contract required m he submitted for the above period are correct and complete,that the wage fates fin laborers or m sclumics conionn d therein are not less than the applicable wage rates contained in any way de0eonma0on Incorporated into tine contract. that the classifications set Iholt therm for such lahner or mechanic conform iwht the work he pr1'ormed. (3) 'Thal any apprentices employed in the above print are duly registered in a Inns title apprenticeship program registered with a Stare apprentice. ship agency recogmzcd by the Bureau ol'Appenticeship and Training,Unilnd Store.Department o f f xMr.or i1'ms such rccognmed agency es isLs in a State.are registered wish Ilse Bureau of Apprcnl iceship and Training,United Slate Depmnent of Labor (4) "1"hat. © (a) WI IFRI!FRINGI'BI-NLI'fIS ARI'.PA 11) 10 APPROVED PLANS.FUNDS,OR PROGRAMS ElIn addition to the basic hourly wage rates paid to catch laborer or mechanic Iis ed in the ahwc referenced payroll payments of fringe benefits as listed in die contract have been or will be made to appropriated programs for the bereft of such employee excels as noted in Section 4(c)below. (h) WI ILRL I'RINGL BLNLPI'IS ARL PAID IN CASII ❑Pesch Laknrcr or mechanic lutcd in the ahcwc referenced payroll has been paid as indicated an the payroll,an amount not less than the sum of the applicable basic hourly wage rate plus the amount of the required fringe benefit,as listed in the contract,except as noted in section 4(c)Mlnw (t) IiXCI'.Pl'IONS II S('I'.PIIONS(CRAPE) Remarks Name and*file Signature The wilful fahifcanew of any of the above satmema may mhJect the contractor or sabeustraetor to civil or criminal pace valor See sections 1001 of title 18 and union 231 of tide 31 of tin I oad Slates code loon WN-348(1/68)Purchase This form duec0y Iran the Sort of Docuotna L A6 o � * tTjy � z o 0 C� p o R(c b H 0 t.4 r o 79 r 0 77, :3 S. 0 3 @cnQ o r c o (D CD ' c 2 CD rri : : oU)C o (D �.-0 o �v oo � o 0 ZT o rn o D CD ° � � T tTj v C � V v m -� (� 0 o m �- (u o En o v 0 Z � �1 X — � m S CD n CD c O v n cn O V ;v (D (D CD CL f rm § r0 � � ) � � � � mc % \ yW $ \ . 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CDc < w Om I < C < CD ? 5 m 3 3 0 CT - O N CD 0 Osaa � w 0 m v ? 3. 3 co m a yco CL C O ' O0 m N O (D x m,Q O O 3 w m as o CD m ' c m 1 0 a- � O a m m0moa „ mm �OCD -y' = 0CTCDDCn _Oz D m , l'< C ° 0 0 0 00 O- w 0 ' 0 q C '< > S' CD ai 3 (n 3 v m 03 ca ' W 0 v - o 3y m < � D0) =CLyfa).- p JCL— o dawcsi' cO: N ° mvri W-- C D °-' °-' co cl? � ^ y ow w � — 0 0 W 5D coi w. 3 (D � CD 2 Aso ? . � damam � < mwCL:r m N C 7 CD O w n m N > . N m U) TS (N' m CD O� p7. 7 QN wK j a0' N' o o m.� v �u 0 3 m� o � d c m a `m U3 3 m a » m °c ' a o 0 - w 3 m 1.@ 3 m C ' 7 y Page 1 of 23 GENERAL DECISION: CA20100037 03/12/2010 CA37 Date: March 12, 2010 General Decision Number: CA20100037 03/12/2010 Superseded General Decision Number: CA20080037 State: California Construction Types: Building, Heavy (Heavy and Dredging) and Highway County: San Bernardino County in California. BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work) ; HEAVY CONSTRUCTION PROJECTS (does not include water well drilling) ; HIGHWAY CONSTRUCTION PROJECTS Modification Number Publication Date 0 03/12/2010 ASBE000S-002 01/01/2010 Rates Fringes Asbestos workers/Insulator (Includes the application of all insulating materials, protective coverings, coatings, and finishes to all types of mechanical systems) . . . . .$ 32.93 15.32 Fire Stop Technician (Application of Firestopping Materials for wall openings and penetrations in walls, floors, ceilings and curtain _ walls) . . . . . . . . . . . . . . . . . . . . . . . . . . ..$ 24.21 13.76 ---------------------------------------------------------------- * ASBE00OS-004 01/01/2010 Rates Fringes Asbestos Removal worker/hazardous material handler (Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials from mechanical systems, whether they contain asbestos or not) . . . .$ 18.85 8.03 ---------------------------------------"'---------------------- BOIL0092-003 10/01/2009 QRates Fringes BOILERMAKER. . . . . . . . . . . . . . . . . . . . . .$ 40.22 22.26 ---------------------.__----_------__-----_--_-____-___----__-_-- ]i 41,syyy Page 2 of 23 BRCA0004-011 05/01/2009 © Rates Fringes BRICKLAYER; MARBLE SETTER. . . . . . . .$ 35.25 10.62 ________________________________________________________________ BRCA0018-004 06/01/2008 Rates Fringes MARBLE FINISHER. . . . . . . . . . . . . . . . . .$ 25.52 9.08 TILE FINISHER. . . . . . . . . . . . . . . . . . . .$ 21.07 7.88 TILE LAYER. . . . . . . . . . . . . . . . . . . . . . .$ 32.05 11.99 ________________________________________________________________ BRCA0018-010 09/01/2009 V i Rates Fringes TERRAZZO FINISHER. . . . . . . . . . . . . . . .$ 26.59 9.62 TERRAZZO WORKER/SETTER. . . . . . . . . . .$ 33 .63 10.46 __________________________________ _____________________________ CARP0409-001 07/01/2009 Rates Fringes CARPENTER (1) Carpenter, Cabinet Installer, Insulation Installer, Hardwood Floor Q Worker and acoustical installer. . . . . . . . . . . . . . . . . . .$ 37.35 10.58 (Z) Millwright. . . . . . . . . . . . . .$ 37.85 10.58 (3) Piledriver/Derrick Bargeman, Bridge or Dock Carpenter, Heavy Framer, Rock Bargeman or Sccwman, Rockslinger, Shingler (Commercial) . . . . . . . . . . . . . . . .$ 37.48 10.58 (4) Pneumatic Nailer, Power Stapler. . . . . . . . . . . . . . .$ 37.60 10.58 (5) Sawfiler. . . . . . . . . . . . . . .$ 37.44 10.58 (6) Scaffold Builder. . . . . . .$ 28.55 10.58 (7) Table Power Saw Operator. . . . . . . . . . . . . . . . . . . .$ 37.45 10.58 FOOTNOTE: Work of forming in the construction of open cut sewers or storm drains, on operations in which horizontal lagging is used in conjunction 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. Certified Welder - $1.00 per hour premium. ----------_-----------`--------"----------------- CARP0409-002 07/01/2008 © Rates Fringes Diver (1) Wet. . . . . . . . . . . . . . . . . . . . .$ 663 .68 9.82 s Page 3 of 23 (2) Standby. . . . . . . . . . . . . . . . .$ 331.84 9.82 (3) Tender. . . . . . . . . . . . . . . . . .$ 323.84 9.82 (4) Assistant Tender. . . . . . . .$ 299.84 9.82 Amounts in "Rates' column are per day ________________________________________________________________ CARP0409-005 07/01/2009 Rates Fringes Drywall DRYWALL INSTALLER/LATHER. . . .$ 37.35 10.58 STOCKER/SCRAPPER. . . . . . . . . . . .$ 10.00 6.67 _______________________________________________________ CARP0409-008 07/01/2008 Rates Fringes Modular Furniture Installer. . . . . .$ 19.00 7.41 ________________________________________________________________ ELEC0011-002 02/01/2010 COMMUNICATIONS AND SYSTEMS WORK Rates Fringes Communications System Installer. . . . . . . . . . . . . . . . . . .$ 26.99 3b+8.64 Technician. . . . . . . . . . . . . . . . . .$ 26.79 36+8.64 QSCOPE OF WORK: Installation, testing, service and maintenance of systems utilizing the transmission and/or transference of voice, sound, vision and digital for commercial, educational, security and entertainment purposes for the following: TV monitoring and surveillance, background-foreground music, intercom and telephone interconnect, inventory control systems, microwave transmission, multi-media, multiplex, nurse call systems, radio page, school intercom and sound, burglar alarms, fire alarm (see last paragraph below) and low voltage master clock systems in commercial buildings. Communication Systems that transmit or receive information and/or control systems that are intrinsic to the above listed systems; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding all other data systems or multiple systems which include control function or power supply; excluding installation of raceway systems, 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. -------------------- ----------------------- ELEC0477-002 06/01/2009 Rates Fringes QElectricians: Electrician. . . . . . . . . . . . . . . . .$ 34.00 38+14 .95 y jyf}; Page 4 of 23 CABLE SPLICER: $1.00 per hour above Electrician rate. TUNNEL WORK: 10& above Electrician rate. © ZONE PAY: Zone A - 80 road miles from Post Office, 455 Orange Show Lane, San Bernardino, will be a free zone for all contractors Zone B - Any work performed outside Zone A's 80 road miles, shall add $8.00 per hour to the current wage scale. ELEC1245-001 06/01/2009 Rates Fringes LINE CONSTRUCTION (1) Lineman; Cable splicer. .$ 44.47 13 . 11 (2) Equipment specialist (operates crawler tractors, commercial motor vehicles, backhoes, trenchers, cranes (50 tons and below) , overhead & underground distribution line equipment) . . . . . . . . . . .$ 35.52 12.07 (3) Groundman. . . . . . . . . . . . . . .$ 27.17 11.82 (4) Powderman. . . . . . . . . . . . . . .$ 39.71 12.23 HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day Q and day after Thanksgiving, Christmas Day ELEV0018-001 01/01/2010 Rates Fringes ELEVATOR MECHANIC. . . . . . . . . . . . . . . .$ 45.33 20.035 FOOTNOTE: PAID VACATION: Employer contributes 86 of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service. PAID HOLIDAYS: New Years Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day. -----------------—-------—----------—-------—------------ • ENGI0012-003 07/01/2009 Rates Fringes OPERATOR: Power Equipment (Undefined) (All Other Work) GROUP 1. . . . . . . . . . . . . . . . . . . .$ 36.83 17.22 1 GROUP 2 . . . . . . . . . . . . . . . . . . . .$ 37.61 17.22 GROUP 3 . . .. . . . . . . . . . . . . . . . .$ 37.90 17.22 GROUP 4. . . . . . . . . . . . . . . . . . . .$ 39.39 17.22 GROUP 5. . . . . . . . . . . . . . . . . . . .$ 40.49 17.22 ! GROUP 6. . . . . . . . . . . . . . . ... . . .$ 39.61 17.22 GROUP 7. . . . . . . . . . . . . . . . . . . .$ 40.71 - 17.22 GROUP 8. . . . . . . . . . . . . . . . . . . .$ 39.72 17.22 GROUP 9. . . . . . . . . . . . . . . . . . . .$ 40.82 17.22i',�"_ i Page 5 of 23 GROUP 10. . . . . . . . . . . . . . . . . . . .$ 39.84 17.22 GROUP 11. . . . . . . . . . . . . . . . . . . .$ 40.94 17.22 © GROUP 12. . . . . . . . . . . . . . . . . . . .$ 40.01 17.22 GROUP 13. . . . . . . . . . . . . . . . . . . .$ 40.11 17.22 GROUP 14. . . . . . . . . . . . . . . . . . . .$ 40.14 17.22 GROUP 15. . . . . . . . . . . . . . . . . . . .$ 40.22 17.22 GROUP 16. . . . . . . . . . . . . . . . . . . .$ 40.34 17.22 GROUP 17. . . . . . . . . . . . . . . . . . . .$ 40.51 17.22 GROUP 18. . . . . . . . . . . . . .. . . . . .$ 40.61 17.22 GROUP 19. . . . . . . . . . . . . . . . . . . .$ 40.72 17.22 GROUP 20. . . . . . . . . . . . . . . . . . . .$ 40.84 17.22 GROUP 21. . . . . . . . . . . . . . . . . . . .$ 41.01 17.22 GROUP 22. . . . . . . . . . . . . . . . . . . .$ 41.11 17.22 GROUP 23. . . . . . . . . . . . . . . . . . . .$ 41.22 17.22 GROUP 24. . . . . . . . . . . . . . . . . . . .$ 41.34 17.22 GROUP 25. . . . . . . . . . . . . . . . . . . .$ 41.51 17.22 OPERATOR: Power Equipment (Undefined) (Cranes, Piledriving & Hoisting) GROUP 1. . . . . . . . . . . . . . . . . . . .$ 38.18 17.22 GROUP 2. . . . . . . . . . . . . . . . . . . .$ 38.96 17.22 GROUP 3. . . . . . . . . . . . . . . . . . . .$ 39.25 17.22 GROUP 4 . . . . . . . . . . . . . . . . . . . .$ 39.39 17.22 GROUP 5. . . . . . . . . . . . . . . . . . . .$ 39.61 17.22 GROUP 6. . . . . . . . . . . . . . . . . . . .$ 39.72 17.22 GROUP 7. . . . . . . . . . . . . . . . . . . .$ 39.84 17.22 GROUP 8. . . . . . . . . . . . . . . . . . . .$ 40.01 17.22 GROUP 9. . . . . . . . . . . . . . . . . . . .$ 40.18 17.22 GROUP 10. . . . . . . . . . . . . . . . . . . .$ 41. 18 17.22 © GROUP 11. . . . . . . . . . . . . . . . . . . .$ 42.18 17.22 GROUP 12. . . . . . . . . . . . . . . . . . . .$ 43.18 17.22 GROUP 13 . . . . . . . . . . . . . . . . . . . .$ 44. 18 17.22 OPERATOR: Power Equipment (Undefined) (Tunnel Work) GROUP 1. . . . . . . . . . . . . . . . . . . .$ 38.68 17.22 GROUP 2. . . . . . . . . . . . . . . . . . . .$ 39.46 17.22 GROUP 3. . . . . . . . . . . . . . . . . . . .$ 39.75 17.22 GROUP 4. . . . . . . . . . . . . . . . . . . .$ 39.89 17.22 GROUP 5. . . . . . . . . . . . . . . . . . . .$ 40.11 17.22 GROUP 6. . . . . . . . . . . . . . . . . . . .$ 40.27 17.22 GROUP 7. . . . . . . . . . . . . . . . . . . .$ 40.34 17.22 PREMIUM PAY: $3 .75 per hour shall be paid on all Power Equipment Operator work on the followng Military Bases: China Lake Naval Reserve, Vandenberg AFB, Point Arguello, Seely Naval Base, Fort Irwin, Nebo Annex Marine Base, Marine Corp Logistics Base Yermo, Edwards AFB, 29 Palms Marine Base and Camp Pendleton Workers required to suit up and work in a hazardous material environment: $2.00 per hour additional. Combination mixer and compressor operator on gunite work shall be classified as a concrete mobile mixer operator. SEE ZONE DEFINITIONS AFTER CLASSIFICATIONS j Q POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch as Page 6 of 23 witch, with seat or similar type equipment; Elevator operator-inside; Engineer Oiler; Forklift operator (includes loed, lull or similar types under 5 tons; Generator operator; Generator, pump or compressor plant operator; Pump operator; Signalman; Switchman GROUP 2: Asphalt-rubber plant operator (nurse tank operator) ; Concrete mixer operator-skip type; Conveyor operator; - Fireman; Forklift operator (includes loed, 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 operator (or similar types) ; Skiploader (wheel type up to 3/4 yd. without attachment) ; Tar pot fireman; Temporary heating plant operator; Trenching machine oiler GROUP 3 : Asphalt-rubber blend operator; Bobcat or similar type (Skid steer) ; Equipment greaser (rack) ; Ford Ferguson (with dragtype attachments) ; Helicopter radioman (ground) ; Stationary pipe wrapping and cleaning machine operator GROUP 4 : 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 Q 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; Rock wheel Saw/Trencher; Roller operator (compacting); Screed operator (asphalt or concrete) ; Trenching machine operator (up to 6 ft. ) ; Vacuum or much truck GROUP 5: Equipment Greaser (Grease Truck/Multi Shift) . GROUP 6: 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 45' maximum) ; Drilling machine operator; Hydrographic seeder machine operator (straw, pulp or seed) , Jackson track maintainer, or similar type; Kalamazoo Switch tamper, or similar type; Machine tool operator; Maginnis internal full slab vibrator, Mechanical berm, curb or gutter(concrete or asphalt) ; Mechanical finisher operator (concrete, Clary-Johnson-Bidwell or similar) ; Micro tunnel system (below ground) ; Pavement breaker operator (truck mounted) ; Road oil mixing machine operator; Roller operator (asphalt or finish) , rubber-tired earth moving equipment (single engine, up to and including 25 yds. struck) ; Self-propelled _ _ _ ._ __ - - _ _ _ _ _ _ _ _ _ _�L rift ..;i•Y :� Page 7 of 23 tar pipelining machine operator; Skiploader operator (crawler and wheel type, over 3/4 yd. and up to and including 1-1/2 yds. ) ; Slip form pump operator (power driven hydraulic lifting device for concrete forme) ; Tractor 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) ; Ultra high pressure waterjet cutting tool system operator; Vacuum blasting machine operator GROUP 7 : Welder - General GROUP 8: 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 Q similar types) ; Mobark Chipper or similar; Ozzie padder or similar types; P.C. slot saw; Pneumatic concrete placing machine operator (Hackley-Presswell or similar type) ; Pumperete gun operator; Rock Drill or similar types; 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, 1040 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 to 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) ; trenching Machine with Road Miner attachment (over 6 ft depth capacity) : Ultra high pressure waterjet cutting tool system mechanic; Water pull (compaction) operator . GROUP 9: Heavy Duty Repairman GROUP 10: Drilling machine operator, Bucket or auger types (Calweld 200 B bucket or similar types-Watson. 3000 or 5000 `. r Page 8 of 23 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 (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 11 : Heavy Duty Repairman - Welder Combination, Welder - Certified. GROUP 12 : 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' maximum) ; 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 f^ 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 13 : Rubber-tired earth-moving equipment operator operating equipment with push-pull system (single engine, up to and including 25 yds. struck) GROUP 14: 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 15: 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 16: 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 17: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine, ---- - Page 9 of 23 i I Euclid, Caterpillar and similar, over 50 cu. yds. struck) ; Tandem tractor operator (operating crawler type tractors in tandem - Quad 9 and similar type) GROUP ls : Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, up to and including 25 yds. struck) GROUP 19: 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 25 yds.and up to and including 50 cu. yds. struck) ; Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, up to and including 25 yds. struck) GROUP 20: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, over 50 yds. struck) ; 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, over 25 yds. and up to 50 yds. struck) 3 © GROUP 21: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, . Euclid, Caterpillar and similar type, over 50 cu. yds. struck) GROUP 22: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, up to and including 25 yds. struck) GROUP 23 : Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck) ; Rubber-tired earth-moving equipment operator, operating with the tandem { push-pull system (multiple engine, up to and including 25 1 yds. struck) GROUP 24 : Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, over 50 yds. struck) ; Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 25: Concrete pump operator-truck mounted; Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, 4 r� j Page 10 of 23 i i Caterpillar and similar type, over 50 cu. yds. struck) CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS GROUP 1: Engineer oiler; Fork lift operator (includes loed, lull or similar types) i GROUP 2: Truck crane oiler GROUP 3: A-frame or winch truck operator; Ross carrier operator (jobsite) GROUP 4: Bridge-type unloader and turntable operator; Helicopter hoist operator GROUP 5: 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 operator (over 5 cu. yds. mrc) ; Tower crane repair; Tugger hoist operator (3 drum) GROUP 8: Crane operator (up to and including 25 ton capacity) ; Crawler transporter operator; Derrick barge operator (up to and including 25 ton capacity) ; Hoist operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity) ; Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds. , 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 100 tons M.R.C. ) ; Tower crane operator and tower gantry GROUP 11: Crane operator (over 100 tons and up to and including 200 tons mrc) ; Derrick barge operator (over 100 tons up to and including 200 tons mrc) ; Hoist operator, stiff legs, Guy derrick or similar type (over 100 tons up to and including 200 tons mrc) ; Mobile tower crane operator (over 100 tons up to and including 200 tons mrc) Page I I of 23 GROUP 12 : Crane operator (over 200 tons up to and including 300 tons mrcl ; Derrick barge operator (over 200 tons up to and including 300 tons mrc) ; Hoist operator, stiff legs, Guy derrick or similar type (over 200 tons, up to and including 300 tons mrc) ; Mobile tower crane operator (over 200 tone, up to and including 300 tons mrc) GROUP 13 : Crane operator (over 300 tons) ; Derrick barge operator (over 300 tons) ; Helicopter pilot; Hoist operator, stiff legs, Guy derrick or similar type (over 300 tons) ; Mobile tower crane operator (over 300 tons) TUNNEL CLASSIFICATIONS GROUP 1: Skiploader (wheel type up to 3/4 yd. without attachment) GROUP 2: Power-driven jumbo form setter operator GROUP 3 : Dinkey locomotive or motorperson (up to and including 10 tons) GROUP 4 : Bit sharpener; Equipment greaser (grease truck) ; Slip form pump operator (power-driven hydraulic lifting device for concrete forms) ; Tugger hoist operator (1 drum) ; Tunnel locomotive operator (over 10 and up to and including 30 tons) GROUP 5 : Backhoe operator (up to and including 3/4 yd. ) ; Q 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) ; Pumperete 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 ENGINEERS ZONES $1.00 additional per hour for all of IMPERIAL County and the portions of KERN, RIVERSIDE 6 SAN BERNARDINO Counties as defined below: That area within the following Boundary: Begin in San Bernardino County, approximately 3 miles NE of the intersection of I-15 and the California State line at that point which is the NW corner of Section 1, T17N,m R14E, San Bernardino Meridian. Continue W in a straight line to that point which is the SW corner of the NW ',{ of Section 6, T27S, R42E, Mt. Diablo Meridian. Continue North to the intersection with the Inyo County Boundary at that point which is the NE corner of the W % of the N W of Section 6, T25S, R42E, MDM. Continue W along the Inyo and San Bernardino County boundary until the intersection with Kern County, as that point which is the SE corner of Page 12 of 23 Section 34, T24S, R40E, MUM. Continue W along the Inyo and Kern County boundary until the intersection with Tulare County, at that point which is the SW corner of the SE % of Section 32, T24S, R37E, MDM. Continue W along the Kern and Tulare County boundary, until that point which is the NW corner of T25S, R32E, MDM. Continue S following R32E lines to the NW corner of T31S, R32E, MDM. Continue W to the NW corner of T31S, R31E, MDM. Continue S to the SW corner of T32S, R33E, MDM. Continue W to SW corner of BE U of Section 34, T32S, R30E, MDM. Continue S to SW corner of T11N, R17W, SBM. Continue E along south boundary of T11N, SBM to SW corner of T11N, R7W, SBM. Continue S to SW corner of T9N, R7W, SBM. Continue E along south boundary of T9N, SBM to SW corner of T9N, R1E, SBM. Continue S along west boundary of R1E, SMB to Riverside County line at the SW corner of T1S, R1E, SBM. Continue E along south boundary of Tls, SBM (Riverside County Line) to SW corner of T1S, R10E, SBM. Continue S along west boundary of R10E, SBM to Imperial County line at the SW corner of TBS, R10E, SBM. Continue W along Imperial and Riverside county line to NW corner of T9S, R9E, SBM. Continue S along the boundary between Imperial and San Diego Counties, along the west edge of R9E, SBM to the south boundary of Imperial County/California state line. Follow the California state line west to Arizona state line, then north to Nevada state line, then continuing NW back to start at the point which is the NW corner of Section 1, T17N, R14E, SBM $1 .00 additional per hour for portions of SAN LUIS OBISPO, KERN, SANTA BARBARA & VENTURA as defined below: - � That area within the following Boundary: Begin approximately 5 miles north of the community of Cholame, on the Monterey County and San Luis Obispo County boundary at the NW corner of T25S, RISE, Mt. Diablo Meridian. Continue south along the west side of R16E to the SW corner of T30S, R16E, MDM. Continue E to SW corner of T30S, R17E, MDM. Continue S to SW corner of T31S, R17E, MDM. Continue E to SW corner of T31S, R18E, MDM. Continue S along West side of R18E, MDM as it crosses into San Bernardino Meridian numbering area and becomes R30W. Follow the west side of R30W, SBM to the SW corner of T9N, R30W, SBM. Continue E along the south edge of T9N, SBM to the Santa Barbara County and Ventura County boundary at that point whch is the SW corner of Section 34.T9N, R24W, SBM, continue S along the Ventura County line to that point which is the SW corner of the SE 'U of Section 32, T7N, R24W, SBM. Continue E along the south edge of T7N, SBM to the SE corner to T7N, R21W, SBM. Continue N along East side of R21W, SBM to Ventura County and Kern County boundary at the NE corner of TBN, R21W. Continue W along the Ventura County and Kern County boundary to the SE _ corner of T9N, R21W. Continue North along the East edge of R21W, SBM to the WE corner of T12N, R21w, SBM. Continue West along the north edge of T12N, SBM to the BE corner of T32S, R21E, MDM. [T12N SBM is a think strip between T11N SBM and T32S MDM] . Continue North along the East side of R21E, MDM to the Kings County and Kern County border at the NE corner of T25S, R21E, MDM, continue West along the Kings County and Kern County ® Boundary until the intersection of San Luis Obispo County. Continue west along the Kings County and San Luis Obispo County boundary until the intersection with Monterey County. Continue West along the Monterey County and San Luis Obispo County Page 13 of 23 boundary to the beginning point at the NW corner of T25S, R16E, MDM. $2.00 additional per hour for INYO and MONO Counties and the Northern portion of SAN BERNARDINO County as defined below: That area within the following Boundary: Begin at the intersection of the northern boundary of Mono County and the California state line at the point which is the center of Section 17, T10N, R22E, Mt. Diablo Meridian. Continue S then BE along the entire western boundary of Mono County, until it reaches Inyo County at the point which is the NE corner of the W % of the NW % of Section 2, TBS, R29E, MDM. Continue SSE along the entire western boundary of Inyo County, until the intersection with Kern County at the point which is the SW corner of the SE u of Section 32, T24S, R37E, MDM. Continue E along the Inyo and Kern County boundary until the intersection with San Bernardino County at that point which is the SE corner of section 34, T24S, R40E, MDM. Continue E along the Inyo and San Bernardino County boundary until the point which is the NE corner of the W % of the NW % of Section 6, T25S, R42E, MDM. Continue S to that point which is the SW corner of the NW X of Section 6, T27S, R42E, MDM. Continue E in a straight line to the California and Nevada state border at the point which is the NW corner of Section 1, T17N, R14E, San Bernardino Meridian. Then continue NW along the state line to the starting point, which is the center of Section 18, T10N, R22E, MDM. REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE ---------------------------------------------------------------- ENGI0012-004 08/01/2009 Rates Fringes OPERATOR: Power Equipment (Undefined) (DREDGING) (1) Leverman. . . . . . . . . . . . . . . .$ 44.83 17.22 (2) Dredge dozer. . . . . . . . . . . .$ 40.36 17.22 (3) Deckmate. . . . . . . . . . . . . . . .$ 40.25 17.22 (4) Winch operator (stern winch on dredge) . . . . . . . . . . . .$ 39.70 17.22 (5) Fireman-Oiler, Deckhand, Bargeman, Leveehand. . . . . . . . . . . . . . . . . . . $ 39.16 17.22 (6) Barge Mate. . . . . . . . . . . . . .$ 39.77 17.22 ---------------------------------------------------------------- IRON0002-004 07/01/2009 Rates Fringes Ironworkers: Fence Erector. . . . . . . . . . . . . . .$ 26.58 15.24 Ornamental, Reinforcing and Structural. . . . . . . . . . . . . .$ 33.00 23 .71 PREMIUM PAY: Page 14 of 23 $6.00 additional per hour at the following locations: China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland, Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center-Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB $4.00 additional per hour at the following locations: Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center $2.00 additional per hour at the following locations: Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock ---------------------------------------------------- _-- LAB00300-001 07/01/2008 Rates Fringes Brick Tender. . . . . ... . . . . . . . . . . . . . .$ 27.17 13.75 ________________________________________________________________ • LAB00300-003 01/01/2010 Rates Fringes LABORER - UNDEFINED (GUNITE) GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 30.04 17.37 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 29.09 17.37 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 25.55 17.37 LABORER - UNDEFINED (TUNNEL) GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 31.24 15.04 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 31.56 15.04 GROUP 3 . . . . . . . . . . . . . . . . . . . . .$ 32 .02 15.04 GROUP 4 . . . . . . . . . . . . . . . . . . . . .$ 32.71 15.04 LABORER - UNDEFINED GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 26.33 14.75 GROUP 2 ... . . . . . . . . . . . . . . . . . . .$ 26.88 14 .75 GROUP 3 . . . . . . . . . . . . . . . . . . . . .$ 27.43 14.75 GROUP 4 . . . . . . . . . . . . . . . . . . . . .$ 28.98 14.75 GROUP 5 . . . . . . . . . . . . . . . . . . . . .$ 29.33 14 .75 FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a Bosnln-s Chair or suspended from a rope or cable shall receive 40 cents per hour above the foregoing applicable classification rates. Workers doing gunite 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 ' -011 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. ti� Page 15 of 23 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 handler; 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 GROUP 2: Asphalt shoveler; Cement dumper (on I 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 water pipeline wrapper - pot tender and form person; Guinea chaser; Headerboard person - asphalt; Laborer, packing rod steel and pans; Membrane vapor 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 and 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 Lu_.//L _L a_ ______ ___ _ _ _. •. . , • no w w .• • • �. �..-.. era uJtS lti Page 16 of 23 GROUP 4 : Asphalt raker, lute person, ironer, asphalt dump person, and asphalt spreader boxes (all types) ; Concrete C 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 clinger; 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 GROUP 5: Blaster powder, all work of loading holes, placing and blasting of all powder and explosives of whatever type, regardless of method used for such loading and placing; Driller: All power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all 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 4 : Diamond driller; Sandblaster; Shaft and raise work GUNITE LABORER CLASSIFICATIONS GROUP 1 : Rodmen, Nozzlemen Page 17 of 23 GROUP 2: Gunmen ® GROUP 3: Reboundmen ______________________ __________________________________ • LABO0300-008 08/05/2009 Rates Fringes LABORER - UNDEFINED PLASTER CLEAN-UP LABORER. . . .$ 26.65 14 .70 7� PLASTER TENDER. . . . . . . . . . . . . .$ 29.20 14 .70 I Work at Military Bases - $3.00 additional per hour: Coronado Naval Amphibious Base, Fort Irwin, George AFB, Marine Corps Air Station-29 Palms, Imperial Beach Naval Air Station, Marine Corps Logistics Supply Base, Marine Corps { Pickle Meadows, Mountain Warfare Training Center, Naval Air Facility-Seeley, North Island Naval Air Station, Vandenberg AFB. LAB0O882-002 01/01/2009 Rates Fringes Asbestos Removal Laborer. . . . . . . . .$ 26.15 13 .25 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 or machinery; scaffolding, fabrication of temporary wooden barriers and assembly of decontamination stations. -----'- LAB01184-001 07/01/2009 Rates Fringes Laborers: (HORIZONTAL DIRECTIONAL DRILLING) (1) Drilling Crew Laborer. . .$ 27.05 10.40 (2) Vehicle Operator/Hauler.$ 27.22 10.40 (3) Horizontal Directional Drill Operator. . . . . . . . . . . . . .$ 29.07 10.40 (4) Electronic Tracking Locator. . . . . . . . . . . . . . . . . . . . .$ 31.07 10.40 Laborers: (STRIPING/SLURRY SEAL) GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 28.50 13.56 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 29.80 13.56 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 31.81 13.56 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 33.55 13.56 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 w Page 18 of 23 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, j monument markers; operation of all related machinery and equipment; power broom sweeper GROUP 4 : 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 -------------------------------------------------------- PAIN0036-001 01/01/2010 ©. Rates Fringes Painters: (Including Lead Abatement) (1) Repaint. . . . . . . . . . . . . . . . .$ 26.05 9.41 (2) All Other Work. . . . . . . . . .$ 29.32 9.41 REPAINT of any previously painted structure. Exceptions: work involving the aerospace industry, breweries, commercial recreational facilities, hotels which operate commercial establishments as part of hotel service, and sports facilities. ---------------------------------------------------------------- PAIN0036-008 01/06/2010 Rates Fringes DRYWALL FINISHER/TAPER. . . . . . . . . . .$ 33 .22 12.19 ---------------------------------------------------------------- PAIN0036-015 01/01/2010 Rates Fringes GLAZIER. . . . . . . . . . . . . . . . . . . . . . . . . .$ 36.90 18.71 _.. FOOTNOTE: Additional $1.25 per hour for work in a condor, from the third (3rd) floor and up Additional $1.25 per hour for work on the outside of the building from a swing stage or any suspended contrivance, from the ground up Page 19 of 23 PAIN1247-002 01/01/2010 Rates Fringes SOFT FLOOR LAYER. . . . . . . . . . . . . . . . .$ 30.85 10.54 ________________________________________________________________ PLAS0200-008 08/05/2009 Rates Fringes PLASTERER. . . . . . . . . . . . . . . . . . . . . . . .$ 35.41 9.88 FORT IRWIN; GEORGE AIR FORCE BASE; MARINE CORPS AIR STATION 29 PALMS, AND MARINE CORPS LOGISTICS SUPPLY BASE: $3.00 additional per hour. ____________________________________________________________ PLASOSOO-002 07/01/2009 Rates Fringes CEMENT MASON/CONCRETE FINISHER. . .$ 29.50 18.40 ________________________________________________________________ PLUM0016-002 07/01/2009 Rates Fringes PLUMBER, PIPEFITTER, STEAMFITTER (1) Work on strip malls, light commercial, tenant improvement and remodel work. . . . . . . . . . . . . . . . . . . . . . . .$ 28.84 14 .47 (2) Work on new additions and remodeling of bars, restaurants, stores and commercial buildings, not to exceed 5, 000 sq. ft. of floor space. . . . . . . . . . . . . . . . .$ 35.97 15.86 (3) All other work. . . . . . . . . .$ 37.10 16.84 (4) Work at Edwards AFB and George AFB. . . . . . . . . . . . . .$ 41.60 16.84 (5) Work at Fort Irwin Army Base, Marine Corps Logistic Base at Nebo, Marine Corps Logistic Base at Yermo and Twenty-Nine Palms Marine Base. . . . . . . . . . .$ 44.10 16.84 ____________________________.____-___-_--__--_____--_____--_-____ PLUM0345-001 07/01/2009 Rates Fringes PLUMBER Landscape/Irrigation Fitter.$ 26.70 13.84 Sewer 6 Storm Drain Work. . . .$ 25.18 15.67 ________________________________________________________________ C • ROOF0036-002 08/01/2009 Rates. Fringes _ 1 ';' Page 20 of 23 ROOFER. . . . . . . . . . . . . . . . . . . . . . . . . . .$ 33.15 8.47 oFOOTNOTE: Pitch premium: Work on which employees are exposed to pitch fumes or required to handle pitch, pitch base or pitch impregnated products, or any material containing coal tar pitch, the entire roofing crew shall receive $1.75 per hour "pitch premium" pay. SFCA0669-009 01/01/2009 Does not include the northern part of the City of Chino, or the Cities of Montclair and Ontario Rates Fringes SPRINKLER FITTER. . . . . . . . . . . . . . . . .$ 32.85 16.05 SFCA0709-004 01/01/2010 THE NORTHERN PART OF THE CITY OF CHINO, AND THE CITIES OF MONTCLAIR AND ONTARIO: Rates Fringes SPRINKLER FITTER (Fire) . . . . . . . . . .$ 39.08 21.95 _____________________ __________________________ SHEE0105-003 01/01/2010 /may LOS ANGELES (South of a straight line drawn between Gorman and Big Pines)and Catalina Island, INYO, KERN (Northeast part, East of Hwy 395.1 , MONO ORANGE_, RIVERSIDE, AND SAN BERNARDINO COUNTIES Rates Fringes SHEET METAL WORKER (1) Commercial - New Construction and Remodel work. . . . . . . . . . . . . . . . . . . . . . . .$ 40.86 17.40 (2) Industrial work including air pollution control systems, noise abatement, hand rails, guard rails, excluding aritechtural sheet metal work, excluding A-C, heating, ventilating systems for human comfort. . .$ 35.56 22.90 ________________________________________________________________ TEAM0011-002 07/01/2008 Rates Fringes TRUCK DRIVER GROUP 1. . . . . . . . . . . . . . . . . . . .$ 26.44 18.24 GROUP 2 . . . . . . . . . . . . . . . . . . . .$ 26.59 18.24 GROUP 3 . . . . . . . . . . . . . . . . . . . .$ 26.72 18.24 GROUP 4. . . . . . . . . . . . . . . . . . .$ 26.91 18.24 GROUP 5. . . . . . . . . . . . . . . . . . . .$ 26.94 18.24 GROUP 6. . . . . . . . . . . . . . . . . . . .$ 26.97 18.24 GROUP 7. . . . . . . . . . . . . . . . . . . .$ 27.22 18.24 Page 21 of 23 GROUP 8. . . . . . . . . . . . . . . . . . . .$ 27.47 18.24 GROUP 9. . . . . . . . . . . . . . . . . . . .$ 27.67 18.24 ^: GROUP 10. . . . . . . . . . . . . . . . . . . .$ 27.97 18.24 GROUP 11. . . . . . . . . . . . . . . . . . . .$ 28.47 18.24 GROUP 12 . . . . . . . . . . . . . . . . . . . .$ 28.90 18.24 WORK ON ALL MILITARY BASES: PREMIUM PAY: $3 .00 per hour additional. (29 palms Marine Base, Camp Roberts, China Lake, Edwards AFB, E1 Centro Naval Facility, Fort Irwin, George AFB, Marine Corps Logistics Base at Nebo & Yermo, Mountain Warfare Training Center, Bridgeport, Point Arguello, Point Conception, Vandenberg AFB] TRUCK DRIVERS 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 axles; 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. ; Dumperete truck, less than 6-1/2 yds. water level © GROUP 5 : Water truck, 3 or more axles; Truck greaser and tire person ($0.50 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; Dumperete truck, 6-1/2 yds. water level and over; Vehicle or combination of vehicles - 4 or more axles; 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 8 : Dump truck, 25 yds. to 49 yds. 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 11: Water pull - twin engine; Water pull - twin engine with attachments; Winch truck driver - $1.25 additional © when operating winch or similar special attachments . GROUP 12 : Boom Truck 17K and above ________________________________________________________________ Page 22 of 23 WELDERS - Receive rate prescribed for craft performing V 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 (29CFR 5.5 (a) (1) (ii) ) . ________________________________________________________________ In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions 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 COn 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, DC 20210 2 . ) If the answer to the question in 1. ) 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, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage Page 23 of 23 payment data, project description, area practice material, etc. ) that the requester considers relevant to the issue. 3 . ) 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, DC 20210 4 . ) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION V' PUBLIC CONTRACT CODE SECTION 20104-20104.6 20104. (a) (1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7. 1 (commencing with Section 10240) of Chapter 1 of Part 2. (b) (1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991. O 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b) (1) For claims of less than fifty thousand dollars ($50,000) , the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the .claimant in producing the additional information, whichever is greater. (c) (1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000) , the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional ® documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. © 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the - parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b) (1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the .Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, © and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but ® - does not obtain a more favorable judgment .shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law.