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Home My WebLink AboutR30 EDAECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FROM: Ann Harris, Director SUBJECT: CALIFORNIA THEATRE Business Recruit, Retention & Revitalization DATE: July 23, 1999 OR 1 0"I NAI L Synopsis of Previous Commission /Council /Committee Action(s): In fiscal year 1995 -96, $300,000 of Community Development Block Grant (CDBG) Funds were allocated for making improvements to the California Theater. In fiscal year 1996 -97, an additional $101,000 of Community Development Block Grant funds were allocated for the same purpose. Recommended Motion(s): (Community Development Commission) MOTION: That the Community Development Commission award a contract to TNT Constructors Inc., in the amount of $310,959.00 for improvements to the California Theatre. Contact Person(s): Gary Van Osdel/ Ann Harris Phone: 5081 Project Area(s) Central City Ward(s): Supporting Data Attached: ❑x Staff Report ❑ Resolution(s) ❑ Agreement(s) /Contract(s) ❑ Map(s) ❑ Letter/Memo FUNDING REQUIREMENTS Amount: $ 398,579.60 Source: CDBG Budget Authority: Budgeted SIGNATURE: Ac I --,i a� Gary n Osdel, Executive JXrector Ann Harris, Director Ecodomic Development Agency Business Recruit, Ret & Revital - - - - - - - - - - - --- - - --- - ------------------ - - - ----------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Commission /Council Notes: ABH:CS:lag:99 -08 -02 CA Theatre COMMISSION MEETING AGENDA Meeting Date: 08/02/1999 Agenda Item Number: ECONOMIC DEVELOPMENT AGENCY STAFF REPORT --------------------------------------------------------------------------------------------------------------- - - - - -- California Theatre Background In the fiscal year 1995 -96, $300,000 of Community Development Block Grant (CDBG) Funds were allocated to the California Theatre (the "Theatre ") , an Agency owned property located at 562 West Fourth Street. Of this allocation, $944.69 was spent with Andrea Urbas an Architect and $1475.71 with Janet Tearnen, both environmental specialists, leaving an unexpended balance of $297,579.00. Further, in fiscal year 1996 -97, an additional $101,000 of CDBG funds was allocated to the Theatre, which to date remains unexpended. The current total remaining unexpended balance allocated for improvements to the Theatre is $398,579.60 In April of 1999, staff met with the on site managers of the Theatre to put together a scope of work to put these funds to work in the best possible manner. Prior to this date, $588,210.28 of tax increment/bond proceeds had been spent on the Theatre, the majority of this was on electrical work to the building plus upgrades to sound system, air conditioning, rigging and lighting. Most of these improvements were essential but not visible to the audience. In addition to the roof, which is in a bad state of repair, it was decided to allocate as many funds as possible to aesthetic improvements which the audience would be able to see, especially with the advent of a sparkling, brand new, multiplex movie theater right next door on the same block. The following scope of work was prepared and put out for bid. 1. New Roof 2. Exterior Painting to the building 3. Repair to the historical neon signage 4. Box Office contiguous with the building 5. Fire alarm pull and microphone system 6. Ventilation to public restrooms and backstage restrooms 7. New floors to public restrooms A notice inviting bids from general contractors was published June 7 through June 18, 1999. A job walk was undertaken June 22, 1999. Bid opening took place July 6, 1999. -------------------------------------------------------------------------------------------------------------------------------------------- ABH:CS:lag:99 -08 -02 CA Theatre COMMISSION MEETING AGENDA Meeting Date: 08/02/1999 Agenda Item Number: Economic Development Agency Staff Report California Theatre July 21, 1999 Page Number -2- ---------------------- Current Issue Four bids were received which were opened in public in the Board Room of the EDA by staff at 3:00 p.m. The bids were as follows. 1. California Waterproofing and Restoration $ 413,420.00 2. MGF Construction $ 383,740.00 3. TNT Constructors Inc. $ 310,959.00 4. James and Associates $ 301,726.00 Staff has compared each bid to ensure they are comparable. A review of each sub - contractor was also undertaken to ensure the scope of work was clearly understood. The low bid submitted by James and Associates was rejected for reason of not having a Bid Bond in the amount of 10% of the bid posted as per the bid instructions. Staff has received clearance for this project to proceed from the State of California Office of Historic Preservation. Recommendation: That the Community Development Commission award the contract to the second low bidder, TNT Constructors Inc., in the amount of $310,959.00. Note: The remaining balance of $87,620.60 is to be kept in reserve for contingencies taking into account the age and histo:7-, of the building. Ann Harris, Director Business Recruitment, Retention and Revitalization ABH:CS:lag:99 -08 -02 CA Theatre COMMISSION MEETING AGENDA Meeting Date: 08/02/1999 Agenda Item Number: 0 E L 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COPY RESOLUTION NO. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE ECONOMIC DEVELOPMENT AGENCY (THE "AGENCY ") TO AWARD AND EXECUTE A CONTRACT TO TNT CONSTRUCTORS, INC., IN THE AMOUNT OF $310,959.00 FOR IMPROVEMENTS TO THE CALIFORNIA THEATRE. THE COMMUNITY DEVELOPMENT COMMISSION ACTING ON BEHALF OF THE ECONOMIC DEVELOPMENT AGENCY DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. The Executive Director of the Economic Development Agency ( "Agency ") is hereby authorized and directed to award and execute on behalf of said Agency a contract to TNT Constructors, Inc., in the amount of $310,959.00 for improvements to the California Theatre, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as though fully set forth at length. SECTION 2. The authorization to execute the above referenced Contract is rescinded if the parties to the Contract fail to execute it within sixty (60) days of the passage of this resolution. HTC /js [TNT.RES] 1 N 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 191 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE ECONOMIC DEVELOPMENT AGENCY (THE "AGENCY") TO AWARD AND EXECUTE A CONTRACT TO TNT CONSTRUCTORS, INC., IN THE AMOUNT OF $310,959.00 FOR IMPROVEMENTS TO THE CALIFORNIA THEATRE. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community Development Commission of the City of San Bernardino at a meeting thereof, held on the day of , 1999, by the following vote, to wit: COMMISSION MEMBERS: AYES NAYS ABSTAIN ABSENT ESTRADA LIEN MCGINNIS SCHNETZ (VACANT) ANDERSON MILLER Secretary The foregoing Resolution is hereby approved this day of , 1999. JUDITH VALLES, Chairman Community Development Commission of the City of San Bernardino Approved as 4o form and legal contpny: By aencv Counsel HTC /js [TNT.RES] 2 CONTRACT THIS CONTRACT is made this _ day of , 1999, by and between the California Theatre ( "Subrecipient ") and TNT Constructors, Inc. ( "Prime Contractor "). The Economic Development Agency (EDA or Agency) will be the Project Administrator. In consideration of the payments to be made hereunder and the covenants and conditions contained herein the parties hereto agree as follows: ARTICLE I. PROJECT DESCRIPTION The Subrecipient shall hereby retain the Prime Contractor to provide new roof, exterior painting to the building, repair historical neon sign, box office contiguous with the building, fire alarm pull and microphone system, ventilation to backstage restrooms and ventilation and new floors to public restrooms, for the California Theatre in accordance with: (i) the approved plans, specification, and other documents specified below in Article II ( "Contract Documents ") which are incorporated herein by this reference as part of this Contract as if attached hereto and (ii) the regulations implementing the Community Development Block Grant Program codified at 24 CFR 570. The Prime Contractor shall furnish all materials, supplies, tools, equipment, labor, and all other services necessary for construction and completion of this project. ARTICLE II. CONTRACT DOCUMENTS The Contract Documents include: a) Contract b) Instructions to Bidders C) Specifications prepared by Project Administrator and issued by the Agency d) List of Sub - Contractors e) Minority and Women Owned Business Enterprise Program Documents f) Certification by Proposed Contractor regarding Japanese Contract Restrictions g) Contractor's Certification Concerning Labor Standards and Prevailing Wage Requirements h) Sub - Contractor's Certification Concerning Labor Standards and Prevailing Wage Requirements i) Certification of Bidder Regarding Equal Employment Opportunity j) Section 3 Clause Form k) Contract Compliance Qualifying Report 1) Affirmative Action Policy for Contractor and Vendors m) General Conditions /Supplementary Conditions n) Payment Bond o) Performance Bond p) Addenda Numbers as Issued q) Federal Guidelines The Prime Contractor shall comply with any and all provisions, terms and conditions set forth or contained in the Contract Documents. ARTICLE III. COMPENSATION AND PAYMENT The Subrecipient shall compensate the Prime Contractor a sum of Three Hundred Ten Thousand, Nine Hundred Fifty-Nine DOLLARS ($310,959) through the Project Administrator for performance of the work described in the Contract Documents, subject to additions and deductions by change order(s) as issued by the Project Administrator. On or before the fifteenth (15th) and thirtieth (30th) day of each month that work has been performed by the Prime Contractor as described in the Contract Documents. The Prime Contractor may submit an application for payment to the Project Administrator in accordance with the Contract Documents stating the percent of work completed and the amount of compensation due to the Prime Contractor. The Prime Contractor's compensation shall include time, material, and any other compensation to the employees of the Contractor and all Sub - Contractors hired by the Prime Contractor to perform any work required pursuant to this Contract. The Prime Contractor may receive progress payments bi- monthly based on the percentage of work completed, which shall be verified by the Project Administrator prior to payment. Within twenty -one (21) days of the date of the Project Administrator's receipt and approval of the Prime Contractor's application for payment, the Project Administrator shall pay the Prime Contractor ninety percent (90 %) of the progress payment due and shall withhold ten percent (10 %). All amounts withheld shall be paid to the Prime Contractor within sixty (60) days of substantial completion and acceptance by the Project Administrator of the work, as determined by the Project Administrator in its sole discretion. ARTICLE IV. INDEMNIFICATION AND INSURANCE Indemnification The Prime Contractor shall defend, indemnify, and hold harmless the Project Administrator, its officers, employees, and agents from and against any and all actions, suits, proceedings, claims, demands, losses, costs, and expenses, including attorneys' 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 or omissions of the Prime Contractor, its officers, employees, agents, and its Sub - Contractors arising from or related to performance of the work required hereunder to complete the signage improvements. Insurance The Prime Contractor shall procure and maintain insurance policies meeting the minimum requirements set forth below. Insurance shall be provided by insurers satisfactory to the Project Administrator. Certificates evidencing insurance coverage shall be delivered to the Project Administrator 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 written notice of cancellation to the Project Administrator. A. Comprehensive General Liability Insurance. The Prime Contractor hall maintain comprehensive general liability insurance of not less than One Million Dollars ($1,000,000) combined single limit per occurrence. B. Automobile Insurance. The Prime 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 Prime Contractor shall maintain worker's compensation coverage in accordance with the laws of the State of California for all workers under it employ and Sub - Contractors performing the work required herein. ARTICLE V. PREVAILING WAGE In accordance with 24 CFR 570.603, Section I I0(a) of Title I of the Housing and Community Development Act of 1974, as amended (42 U.S.C. 5301 et. seq.), requires that all laborers and mechanics employed by the Contractor or its Sub - Contractors shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis -Bacon Act, as amended (40 U.S.C. 276a- 276a -5). By reason of the foregoing requirement, the Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et siN) also applies. The Prime Contractor shall submit weekly for each week in which any contract work is performed an original of all payrolls to the Project Administrator. These payrolls are to be delivered by the contractor, within, seven (7) days after the regular payment date of the payroll period. The payroll records shall set out accurately and completely the name, address, social security number, classification, rate of pay, daily and weekly hours worked, deductions made and actual wages paid. Each payroll submitted shall be accompanied by a "Statement of Compliance ", signed by the Prime Contractor or Sub - Contractor and shall certify that the payroll is accurate and complete as required under 5.5(a)3(i) of Regulations 29 CFR Part 5; that each employee has been paid full weekly wages without deductions other than permissible deductions as set forth in Regulations, 29 CFR Part 3; that each employee has been paid not less than the applicable wage rates and fringe benefits or cash equivalent for the classification of work performed. The Prime Contractor is responsible for the submission of payrolls by all Sub - Contractors. ARTICLE VI. TIME FOR PERFORMANCE Time is of the essence. The Prime Contractor shall commence the work required herein on the date of the Notice to Proceed which the Project Administrator shall deliver to the Prime twwl D Contractor, and the Prime Contractor shall complete the work within One Hundred Twenty 11 20) calendar days of the date of the Notice to Proceed. ARTICLE VII. ENVIRONMENTAL PROTECTION Contractor agrees that he /she shall comply with the requirements of all applicable federal, state, and local environmental laws and regulations, including without limitation, the National Environmental Policy Act of 1969 ( "NEPA "), The Resource Conservation and Recovery Act ( "RCRA "), 42 U.S.C. Section 6901 et seq., Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( "CERCLA "), 42 U.S.C. Section 9601, et sea., and the Hazardous Waste Control Law ( "HWCL "), Health and Safety Code Section 25100, et sec.. ARTICLE VIII. MISCELLANEOUS Notice Notices shall be presented in person or by certified or registered United States mail, return receipt requested, postage prepaid or by overnight delivery made by a nationally recognized delivery service to the addresses noted below. Notice presented by United States mail shall be deemed effective the second business day after deposit with the United States Postal Service. This Section shall not prevent giving notice by personal service or telephonically verified fax transmission which shall be deemed effective upon actual receipt of such personal service or telephonic verification. Either party may change their address for receipt of written notice by so notifying the other party in writing. TO SUBRECIPIENT: California Theatre 562 West Fourth Street San Bernardino, CA TO PRIME CONTRACTOR: TNT Constructors, Inc. TO PROJECT ADMINISTRATOR: Economic Development Agency Of the City of San Bernardino 201 North "E" Street, Suite 301 San Bernardino, California 92401 Severability In the event that any one or more of the sentences, clauses, paragraphs or sections contained herein is declared invalid, void, or illegal by a court of competent jurisdiction the same shall be deemed severable from the remainder of the Contract and shall in no way affect, impair, or invalidate any of the remaining phrases, sentences, clauses, paragraphs, or sections contained herein. Waiver Failure of either party to enforce any provision of this Contract shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this contract. Entire Contract This Contract contains the entire understanding and agreement of the parties and cannot be amended without prior written consent of the parties hereto. Amendment The Contract may be amended at any time by a written instrument signed by the parties hereto. Assignment In no event shall either parties (Prime Contractor or Subrecipient) assign or transfer any portion of this Contract without the prior written consent of the Project Administrator, which consent may be withheld in its sole discretion. The Contractor shall not assign any money due or to become due to him/her hereunder nor shall he /she pledge or attempt to pledge the credit of the Subrecipient or bind the Subrecipient to any third party. Governing Law This Contract shall be governed by the laws of the State of California. Successors And Assigns This Contract shall be binding upon the inure to the benefit of the parties hereto and their heirs, executors, administrator's successors, and assigns. Inspection The fact that any particular work ahs been inspected shall not be considered a waiver of the requirement of strict compliance with the Contract Documents. Contractor Not Agent Of Subrecipient Or Project Administrator It is expressly agreed that the Prime Contractor is not the agent or employee of the subrecipient or Project Administrator, but is an independent contractor. ARTICLE IX. PROVISIONS REQUIRED BY LAW Each and every provision of law required to be inserted in this Contract shall be deemed to be inserted herein and this Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted or is not inserted correctly, then upon application of either party the Contract shall forthwith be physically amended to make such insertion or correction. ARTICLE X. DEFAULT AND ATTORNEY'S FEES Should any dispute arise between the parties hereto, with regard to performance of their respective obligations under the Contract Documents, which dispute cannot be settled between the parties and litigation is commenced, then the losing party in the litigation agrees to pay all costs and attorney's fees of the prevailing party. The cost, salary and expenses of the City Attorney and members of his office in enforcing this Contract on behalf of the Economic Development Agency shall be considered as "attorney's fees" for the purposes of this paragraph. IN WITNESS WHEREOF, the parties hereto have cause this Contract to be executed as of the date first written above. C Approved as to Form and Legal Contgptf 01 Agency Counsel SUBRECIPIENT Agency By: Director CONTRACTOR Contractor By: Title License Number: _. PROJECT ADMINISTRATOR Gary Van Osdel, Executive Director Economic Development Agency '99 ��i1.1.±; -2 All :40 NOTICE INVITING BIDS Notice is hereby given that the City of San Bernardino Economic Development Agency will receive sealed bids, on behalf of the: CALIFORNIA THEATER Project # EDA 95- 219/96 - 211/99 -010 From experienced General Contractor firms to install new roofing, exterior paint, electrical repair to marquee, structural support, exterior ticket door, interior restroom flooring and ventilation and fire alarm system. These projects will utilize CDBG funding and require adherence of the Davis Bacon Acts and related acts. Interested firms may pick up a bid package with the information on the pre bid meeting /job walk & other instructions from the Economic Development Agency office for a fee of $10.00 each. The last day to receive a bid package will be June 18, 1999 at 4:00 p.m. The Agency is located at: 201 North "E" Street, Third Floor San Bernardino, Calif. 92401 Phone: (909) 384 -5081 Fax: (909) 384 -5135 Attn: Colin Strange Project Manager This notice does not commit the Agency to award a contract or contracts or to pay any costs incurred in the preparation of a response to this request. The Economic Development Agency of the City of San Bernardino is an Equal Opportunity Employer. Minority and Women Owned business enterprises are encouraged to submit Bids. 0-lqq PROJECT MANUAL For the Renovation of: CALIFORNIA THEATER 562 West Fourth Street San Bernardino, California 92401 g1�11cl 9 4R30 T A:B L E `O F C 0 N T E N T S Notice to Bidders Instructions to Bidders Bid Sheet & Work Specifications Sample Forms Title Sheet and Forms Form of Contract /Agreement Operation & Maintenance Manual Submission Cover Sheet CONDITIONS OF THE CONTRACT /AGREEMENT General Conditions Supplementary Conditions Labor Standards and Provisions Title 29 - Labor Parts 3 & 5 Appendix A Public Law 87 -581 Excerpt from the California Labor Code Relating to Apprentices on Public Works Equal Employment Opportunity Davis -Bacon Wage Scale Equal Employment Regulations Standard of Conduct SPECIFICATIONS DIVISION 01 - GENERAL REQUIREMENTS 01 010 SUMMARY OF THE WORK 01 011 WORK COVERED BY CONTRACT DOCUMENTS 01 016 CONTRACTOR USE OF PREMISES 01 020 ALLOWANCES 01020 ALLOWANCES 01 025 MEASUREMENT AND PAYMENT $ CT9 01 030 ALTERNATES & ALTERNATIVES ,n it 2800 SITE IMPROVEMENTS 02811 UNDERGROUND IRRIGATION SYSTEMS 02846 SIGNAGE DIVISION 03 - CONCRETE 03200 CONCRETE REINFORCEMENT 03210 CONCRETE REINFORCING STEEL 03300 CAST -IN -PLACE CONCRETE 03313 NORMAL WEIGHT STRUCTURAL CONCRETE 03357 PARGE COAT DIVISION 04 - MASONRY NOT USED DIVISION 05 - METALS 05030 METAL COATINGS 05031 PRIMING 05500 METAL FABRICATIONS 05521 HANDRAILS & RAILINGS DIVISION 06 - WOOD & PLASTICS 06100 ROUGH CARPENTRY 06110 WOOD FRAMING 06200 FINISH CARPENTRY 06201 GENERAL FINISH CARPENTRY REQUIREMENTS 06210 DOOR & FRAME INSTALLATION 06400 ARCHITECTURAL WOODWORK 06401 GENERAL ARCHITECTURAL WOODWORK REQUIREMENTS 06410 CUSTOM CASEWORK 06415 CLOSET & STORAGE SHELVING DIVISION 07 - THERMAL & MOISTURE PROTECTION 07200 INSULATION 07211 UNFACED BATT & BLANKET INSULATION 07300 SHINGLES & ROOFING TILES n7a99 rONCRFTF R00FINA TILES 1 09300 TILE 09311 CERAMIC TILE 09650 RESILIENT FLOORINGS 09665 RESILIENT SHEET FLOORING 09678 RESILIENT BASE & ACCESSORIES 09900 PAINTING 09901 GENERAL PAINTING REQUIREMENTS 09912 PAINT ON EXTERIOR PLAIN IRON & STEEL 09913 PAINT ON EXTERIOR GALVANIZED IRON 09914 PAINT ON EXTERIOR HOLLOW MASONRY, CONCRETE, STUCCO 09915 PAINT ON EXTERIOR WOOD 09922 PAINT ON INTERIOR GYPSUM WALLBOARD 09923 PAINT ON INTERIOR METAL 09924 PAINT ON INTERIOR WOOD DIVISION 10 - SPECIALTIES 10150 COMPARTMENTS & CUBICLES 10160 METAL URINAL PARTITION 10200 LOUVERS & VENTS 10210 METAL WALL LOUVERS 10400 IDENTIFYING DEVICES 10440 INTERIOR SIGNS 10520 FIRE PROTECTION SPECIALTIES 10522 FIRE EXTINGUISHERS, CABINETS, & ACCESSORIES 10800 TOILET & BATH ACCESSORIES 10810 TOILET ACCESSORIES DIVISION 11 - EQUIPMENT NOT USED DIVISION 12 - FURNISHINGS 12500 WINDOW TREATMENT 12530 CURTAIN HARDWARE 12541 DRAPERIES & CURTAINS 16400 SERVICE & DISTRIBUTION 16450 GROUNDING _ 16470 PANELBOARDS 16483 MOTOR STARTERS 16500 LIGHTING 16515 INTERIOR LUMINAIRES 16600 SPECIAL SYSTEMS 16632 PACKAGED BATTERY SYSTEMS 16700 COMMUNICATIONS 16720 ALARM & DETECTION SYSTEMS 16741 TELEPHONE SYSTEMS 16900 CONTROLS & INSTRUMENTATION 16921 TEMPERATURE CONTROL SYSTEM NOTICE TO BIDDERS 1. PROJECT: CALIFORNIA THEATER REHABILITATION # EDA 95- 219/96- 211/99 -010 2. LOCATION: 562 West Fourth Street San Bernardino, California 92401 3. CONTACT PERSON: Alan Mitchell Phone #: (909) 889 -9488 4. PROJECT ADMINISTRATOR: City of San Bernardino Economic Development Agency 201 North "E" Street, Third Floor San Bernardino, California 92401 Attn: Colin Strange (909) 384 -5081 5. ARCHITECT: 6. CONSULTANT: 7. A pre -bid meeting /job walk will be held on June 22, 1999 at 9:00a.m., at the project site. Attendance at this meeting is mandatory to submit a bid and a required part of any "good faith" effort to meet MBE /WBE participation level goals. 8. Sealed bids will be received at the office of the Economic Development Agency (Project Administrator) until, but not later than 3:00 p.m., on July 6, 1999. 9. Sealed bids will be publicly opened on July 6, 1999 at 3:00 p.m., in the Economic Development Agency's office. 10. The Director reserves the right to accept or reject any or all bids and waive any bid irregularities. INSTRUCTIONS TO BADDF -'RS SCOPE OF CONTRACT: a. Contractor shall be fully responsible for all personnel, materials, equipment, and services necessary for the complete construction of the Work/Project. 2. SECURING AND COMPLIANCE WITH BIDDING DOCUMENTS: a. Bidders shall comply with all conditions stipulated in such bidding documents. 3. REQUIREMENTS BEFORE SUBM=, NG BIDS: a. Thoroughly examine the site and any building located thereon in relation to conditions which might directly or indirectly affect the Contract /Agreement work. The bid sum shall reflect all such affecting conditions. Bidders shall be responsible for verifying all dimensions which may affect the Work. 4. INTERPRETATION OF DRAWINGS/PLANS AND DOCUMENTS: a. If any bidder is in doubt as to the true meaning of any part of the Contract /Agreement Documents or finds errors, discrepancies, or omissions in them, he /she shall at once request interpretation or correction thereof from the Architect & /or contact personal with the Project Administrator. Requests for interpretation must be in writing to Architect -",-/or Project Administrator. b. Architect & /or contact person will promptly clarify area(s) in question to all prospective bidders. C. Request for such clarification shall be in Architect's & /or Project Administrator's offices (depending on clarification) five days minimum before bid opening. 5. PRODUCT OPTIONS & SUBSTITUTIONS: a. Base bid only on items specified in the Project Manual's bid/work specification forms unless request for substitution is submitted for Architect's & /or Project Administrator's approval a minimum of seven working days prior to bid opening and approval for substitution is secured by Addendum issued prior to bid opening time. b. Architect will accept requests for substitution for products in Sections where the statement, "Equal as approved by Architect prior to bidding; see Section 01 630," appears. In Sections where the aforementioned statement does not appear, the Architect is not required to accept requests for substitution. Approvals for substitution in such Sections must be made by Director and Project Administrator. EXISTING BUILDING OCCUPANCY Director will occupy building during the construction. Contractor must develop workable schedule with Director. PREPARING AND SUBMITTING BIDS a) Bids shall be prepared on provided Bid /Work Specification Forms. b) The Bidder's legal name and address shall be stated in full. C) Bids shall bear no marks, erasures, writing, changes, or interlineaction other than those provided or requested. d) Base bids shall include all work contemplated by the Contract /Agreement Documents. e) No verbal, telegraphic, or telephonic bids, modifications or cancellations will be considered. f) The Bidder guarantees there shall be no revisions or withdrawal of bid amount for a period of sixty (60) days after bid opening. g) Signatures shall be in longhand and executed by a Principal duly authorized to make contracts. h) The bid proposal shall reflect the cost of all work required by addenda issued prior to bid opening. i) Bid envelope shall contain: ■ Bid /Work Specification forms fully completed and executed, all blank work specification line item spaces filled in, ink or typewritten. ■ Bid bond in the amount of 10% of the bid and naming the Project Administrator, as list in the Contract /Agreement, as obligee. This bid bond shall be issued by a surety company and be on a bond form, or by cash, or certified check from the bidder. Such cash, checks, or bid bonds shall be returned to bidders within 60 days maximum after the date of the bid opening. ■ List of all sub - contractors and suppliers. ■ City of San Bernardino MBE /WBE Information ■ Good Faith Effort Statement of MBE /WBE participation. ■ Certification by Proposed Contractor Regarding Japanese Contract Restrictions. ■ Contractor Certification Concerning Labor Standards & Prevailing Wage Requirement (Authority - Title 29, Parts 3 & 5, & Federal Labor Standards Provisions - HUD - 4010). ■ Certification of Bidder Regarding Equal Employment Opportunity (Authority - Executive Order 11246 as Amended). ■ Non - Collusion Affidavit. j) Envelopes shall be opaque, bear Bidder's name, be sealed, and addressed as follows - t ��7 CALIFORNIA THEATER REHABILITATION k) It is Bidder's sole responsibility to see that his /her Bid is received at the proper time. Any Bid received after scheduled bid opening time will be returned to Bidder unopened. I. All taxes imposed by City, State, or Federal goverrunents, as specified in Division 01, shall be included in the bid sum. i - 8. BID WITHDRAWALS: a. Prior to bid opening, Bidders may withdraw bid by written request or by reclaiming bid envelope. 9. OPENING OF BIDS: a. See Notice to Bidders. 10. SUBCONTRACTOR LIST: a. Conditionally accepted Bidders, submitting a bid involving subcontractors and suppliers, shall submit a list of such subcontractors and major suppliers in bid. 11. FACTORS AFFECTING CONTRACT /AGREEMENT AWARD: A Bidder's past performance, organization, subcontractors, equipment, and ability to perform and complete his Contract /Agreement in the manner and within the time specified, together with the amount of the bid, will be vital elements considered in the Award of the Contract /Agreement. 12. AWARD OR REJECTTION OF BID: The Director reserves the right to reject any or all bids and to waive any irregularity therein. 13. ACCEPTANCE OF BID: a. No Bidder shall consider himself/herself under contract after opening and reading of bids until the "Contract /Agreement" is signed, and compliance therein has been made. 14. TIME OF COMPLETION AND LIQUIDATED DAMAGES: a. The number of calendar days is listed in the Supplementary Conditions & in the Contract /Agreement. The conditions governing liquidated damages are listed in the General & Supplementary Conditions. 15. CONTRACTOR & /or SUB - CONTRACTOR DOCUMENTS TO BE SUBMITTED PRIOR TO OR AT A TIME OF NOTICE to PROCEED: a. Sub- Contractor's Certification Concerning Labor Standards c Prevailing Wage Requirements. (Authority - Title 29 CFR, Parts 3 & 5, & Federal Labor Standards Provisions - HUD - 4010). b. Certification by Sub- Contractor Regarding Equal Employment Opportunity. (Authority - Executive Order 11246 as amended). C. Section 3 Clause with Certification (Authority - cited in text of clause). d. Contract Compliance Qualifying Report for Construction Contractors & Vendors. To be submitted for all projects with a value of $10,000.00 or more. (Authority - Executive Order 11246 as amended, Title VII of the Civil Rights Act of 1964, as amended & the Calif. Fair Employment Practice Act). e. : Affirmative Action Policy for Contractors and Vendors. To be submitted with contract & subcontract valued at $10,000.00 or more. (Authority - Executive Order 11246 as amended; Title VJI of the Civil Rights Act of 1964 as amended; Section 503 of the Rehabilitation Act of 1973; Calif. Fair Employment Practice Act; & San Bernardino's Affirmative Action Program). f. Performance Bond, in the amount of 100% of the contract price. g. Payment Bond (labor & material), in the amount of 50% of the contract price. h. Copies of - State Contractor's licences, City Business licence, Worker Compensation Insurance, Liability Insurance per Contract /Agreement, & permit. 16. LAWS and REGULATIONS: a. The Bidders attention is directed to the fact that all applicable Federal & State Laws /Codes, Municipal Ordinances, and the rules & regulations of all authorities having jurisdiction over construction of the project shall apply to the Contract /Agreement throughout, and they will be deemed to be included in the Contract /Agreement the same as though herein written out in full. JAW:0091 V REV. 02/1998 To: CALIFORNIA THEATER (Name of Project) C/O Development Department Economic Development Agency 201 North "E" Street, Third Floor San Bernardino, California 92401 To Whom It May Concern: 562 West Fourth Street (Work Address) The undersigned, having been familiarized with the existing conditions at the site of the renovation affecting the cost of the Work and the Contract /Agreement documents, all as prepared by the Project Administrator on behalf of the owner(s) of the property, and on file in said department, hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, equipment, fixtures and services including transportation services, and to perform and complete all work required for the renovation within the time specified in the Contract /Agreement, all in accordance with the documents provided for the total sum shown below. In submitting this bid, the bidder understands that the right is reserved by owner(s) and /or the Project Administrator to reject any or all bids. If written notice of the acceptance of this bid is mailed, or delivered to the undersigned within Sixty (60) days after the opening thereof, or any time thereafter before this bid is withdrawn, the undersigned agrees to execute the Contract/Agreement in the prescribed form(s) per General Conditions, after the notification of the Award of the Contract /Agreement. The bidder is prepared to submit a financial and credit statement upon request and will comply with all provisions within the documents provided for renovation concerning equal opportunity and nondiscrimination. An itemized cost breakdown is included with this bid: Work Specification Sub - Total: Contractor's Overhead and Profit: TOTAL BID PRICE Bidder's Signature Title Date Bidder's Address City, State, Zip Code City of San Bernardino ECONOMIC DEVELOPMENT AGENCY Housing & Community Development Agency Name: CALIF. THEATER Contract Person: Alan Michell Address: 564 West 4th Street City, State, Zip: San Bernardino, Calif. 92401 Telephone: (909) 889 -9488 Construction Specialist: Contractor: Address: City, State, Zip: Telephone: Bid Submitted: James A. Willmott Roofing: (15 yr. material warranty & 5 workmanship warranty certification on 3 ply built -up). See Attached Sketch. A. Marquee: I . Strip entire roofing to sheathing. $ ---------- -------- 2. Replace all damaged sheathing, approximately 32 sq. ft.. $ -------------------- 3. Install new 3 ply hot mop built -up roof with cap sheet. $ ---------- -------- 4. Clean out roof drains & re- install grill caps. $------ ---- --- ------- B. East & West Canopies: 1. Strip entire roofing to sheathing. $____________------ 2. Replace all damaged sheathing, approximately 64 sq. ft.. $ --------- ---------- 3. Remove & install 2 new inlet roof drains with grill caps. Clean out roof drains. $____________________ 4. Install new 3 ply hot mop built -up roof with cap sheet. $ ------------------ - 5. Install new metal `U' drip cove around top of parapet wall (secured to inside wall). $____________________ C. West Section (Front): 1. Strip entire roofing to sheathing. $___________________ 2. Remove 3 sky lite structures & sheet roof areas. $_____________ _ _ __ _ __ 3. Replace all damaged sheathing, approximately 64 sq. ft.. $ ------------------ - 4. Raise all required equipment/lines & re- install after installation 5. of roofing. Remove & install new inlet roof drain avith grill cap. $ --------- ------- $ ----------------- -- 6. Install new 3 ply hot mop built -up roof with cap sheet. $ ------------------ - 7. Install new metal `U' drip cove around top of parapet wall (secured to inside wall). $ --------- _ ------- - 8. Have Engineer calculate design of new roof rafter trusses, draw Plans, & have approved by City of San Bern.. $ ---------- --_---_- 9. Remove existing trusses (only) & install new rafter trusses. $------------- - - ---- ri IC E. F G East Section (Front): 1. Strip entire roofing to sheathing. $ --------- -------- - 2. Remove sky lite structure, disconnected vent pipe (below $ -------------------- sheathing), & roof jacks (not used), & sheet areas. $ ---------- --------- 3. Replace all damaged sheathing, approximately 64 sq. ft.. $ ------------------ - 4. Raise all required equipment/lines & re- install after installation of roofing. $ -------------------- 5. Remove & install new inlet roof drain with grill cap. Clean (secured to inside wall. Front — remove & re- install roof tile, out roof drain. $ -------------------- 6. Install new 3 ply hot mop built -up roof with cap sheet. $ ---------- ------ -- 7. Install new metal `U' drip cove around top of parapet wall 6. Install new metal `U' drip cove around top of parapet wall (secured to inside wall). $ ---------- --------- 8. Have Engineer calculate design of new roof rafter trusses, draw Plans, & have approved by City of San Bern.. $ ---------- ------ -- 9. Remove existing trusses (only) & install new rafter trusses. $-------------- - - - - -- Center Section: 1. Strip entire roofing to sheathing. $ ------------------ - 2. Remove electrical connection to below sheathing, patch hole. $ -------------------- 3. Raise all required equipment/lines & re- install after installation of roofing. $ ------------------ - 4. Install new 3 ply hot mop built -up roof with cap sheet. $ ----------------- -- 5. Install new metal `U' drip cove around top of parapet wall $ --------- ---------- (secured to inside wall. Front — remove & re- install roof tile, replace all damaged tile). $-------------- - - - - -- Main Barrel: 1. Strip entire roofing to sheathing. $ ------------------ - 2. Remove vent (NW section), gas line (NW section to main line `T' & plug), & electrical connection (NE section — north wall), below sheathing, patch holes. $ -------------------- 3. Raise all required equipment/lines /fixtures & re- install after installation of roofing. $ -------------------- 4. Install new 3 ply hot mop built -up roof with cap sheet. $ ---------- ------ -- 5. Install new metal `U' drip cove around top of parapet wall (secured to inside wall). $------------- - - - - -- Top North Section: 1. Strip entire roofing to sheathing. $ -------------------- 2. Remove cable support connections (north & east walls, patch holes), large pan, water & electrical connections below sheathing (patch holes). $ ----------------- -- 3. SE section — Fill in low area with light weight concrete to bring level with existing. $ --------- ---------- 4. Raise all required equipment/sign & re- install after installation of roofing. $ ---------- ------ -- 5. Install new 3 ply hot mop built -up roof with cap sheet. $ ------------------ - 6. Install new metal `U' drip cove around top of parapet wall (secured to inside wall). $-------------- - - ---- H. North/Back Canopy: I . Lower Section — Install new '/2 " plywood sheathing over existing, 1 ''/2" metal drip edge, rolled roofing cap sheet (wall flashing over roofing). $ -------------------- 2. High Section — Install new V2" plywood sheathing over existing, 1 '' /z" metal drip edge, rolled roofing cap sheet, 3" flashing over roofing secured/sealed to back wall. $-------------- - - - - -- II Exterior: A. Painting: 1. Water blast entire structure. $ -------------------- 2. Paint entire structure (walls, door frames /jambs, railings, trim). To 4 color scheme with cutting $-------------- - - - - -- B. Electrical: 1. Marquee - repair frontal neon lighting system for operation (replace bulbs, ballastes, fixtures, & check electrical systems). $ -------------------- 2. Display Cases, Front - repair lighting system in all cases for operation (replace bulbs, fixtures, & check electrical systems). $-------------- - - - - -- C. Structural Support: East Section (Front) - Remove center door & interior paneling. Engineer structural support post & footing, & have approved By City of San Bern.. Raise header beam for opening of door & install new support post. Frame in opening, wrap & stucco exterior, drywall & panel interior (match existing). $-------------- - - - - -- D. Advance Ticket Door (New): East section, West Door - Remove existing, manufacture & install new box office door (1' /a" x 2'8" x 6'8" solid core Birch), per sketch. $-------------- - - - - -- III Interior: A. Restrooms: 1. Public, Men's & Women's (Down & Up Stairs) - Replace two ventilation motors, & service system for operation. $ -------------------- 2. Back (West Section) - a. Men's - Install new ventilation system connected to existing vent shaft (seal bottom). $ -------------------- b. Women's - Install new ventilation system connected to existing vent shaft in men's (cut through wall for duct, seal around for tight/secure fit). $ -------------------- 3. Flooring, Lobby Restrooms - Down & Up Stairs (Men's & Women's) - Remove existing flooring (ceramic & vinyl tile), Prepare floor surface & install new ceramic the (color per Organization). $-------------- - - - - -- B. Fire Alarm System: $-------------- - - - -- 1. Design, draw Plans, & have approved by City of San Bern., Profit $-------------- - - - -- per NFPA -72 & the Uniform Fire Code (1007.2.2 Gp. A Occup.), $------------- - - - - -- for pull stations with audible & connected to the Main Fire Station switch board. $ -------------------- 2. Install new Fire Alarm System per approved Plans. $------------------ IV Misc.: 1. Provide debris removal at end of each day or dumpsters. $ ---------- ------ -- 2. Permit. $ -------------------- 3. Asbestos removal (copy of Asbestos report attached). $------------- - - - - -- Sub -total $-------------- - - - -- Overhead $-------------- - - - -- Profit $-------------- - - - -- Grand Total $------------- - - - - -- �111 City of San Bernardino ,ECONOMIC DEVELOPMENT AGENCY I liousing Division Property Inspection & Cost Estimate Worksheet v.� nxx- .•eta' ;'- x]'s »uM1::.:: n]•2wn•:.].:yn>]}]vv::.: _ wy }}v.}•.]::Y2.i:]:3v:S::nV \. } \. W \ \.]x: V \ \ \w: \: \: \ \.]:. \.:2 \.: V2• \r2.\ i\w\]::.w \\]:.]\ ]\ tiL.!. VOV.}}]\: 22.!.: .i%.]ti. \L \>:S\ \ \.}:2.}:.y}it!n; \: KA\ 2. \h5.\w}!ON%�KNK \ \GNA1Y] \kH.lh:. \ bC2+.4 \Mwh \\ M M \MF \} \iV!�\'O \ \r!MM LAST NAME: FIRST NAME: REHAB ADDRESS: CITY, STATE, ZIP. TELEPHONE IREHAB SPECIALIST: CONTRACTOR: ADDRESS: CITY, STATE, ZIP: TELEPHONE: 1310 SUBMITTED: ALL LINE ITEMS WILL BE DONE COMPLETELY PER STANDARD SPECIFICATIONS AND TO CODE MI MS :..:vw.::.x•:.rw:P�MM�w:'!19K. N!• MOOM�U!{: xrw? G} :.•.xY•yy:22.:u \•.•.}yy}•.!n}h\ XS} i> i2•: 2A \ \y:222.:A \.Xh]::MY..] \w}:. \. \Q \2.}:.. \ \'22f,.i %: 222.:w v. L'.\:}}: G: r: w\ 2.: AV22C.% JN} if}:.: t2KK .:. \.:22r2Gh::n} \4}})S.�VA•A1h. +wwl2ASwwr \. %0.'Ax \\\ wt\ v} 1:\. :.N}K. }?!Awv.�.\w:. }}\w \!w\X.]M QUANTITIES AND /OR MEASUREMENTS PROVIDED HERE ARE FOR INFORMATIONAL PURPOSES ONLY, IT IS THE CONTRACTORS RESPONSIBILITY TO VERIFY SUCH MEASUREMENTS. ALL LINE ITEM WORK TO INCLUDE ALL REQUIRED ACCESSORY ITEMS TO PROVIDE A COMPLETE FINISHED PRODUCT, AND PER APPLICABLE CODES ALL WORK TO COMPLY WITH LOCAL BUILDING CODES AND ORDINANCES, AND APPLICABLE PORTION OF FEDERAL ENERGY CONSERVATION STANDARDS. I HEREBY CERTIFY THAT I HAVE INSPECTED THIS PROPERTY AND THE CORRECTIVE ACTIONS LISTED ARE SUFFICIENT TO MEET THE CODE REQUIREMENTS OF THE CITY OF SAN BERNARDINO, FERAL COST EFFECTIVE ENERGY CONSERVATION STANDARDS. AND /OR ARE SUFFICIENT TO MAKE THE PROPERTY DECENT, SAFE AND SANITARY. ALL WORK COMPLIES WITH THE LEAD BASED PAINT REQUIREMENT, AS SET FORTH IN TITLE 24, CFR, PART5, "LEAD BASED PAINT POISONING ", JULY 13, 1976. REHABILATATION SPECIALIST I/WE, THE UNDERSIGNED, HAVE READ AND UNDERSTAND THIS WORK WRITE -UP. 1/WE FURTHER AGREE THAT THE WORK WRITE -UP IS COMPLETE AND ACCURATE, TO THE BEST OF MY /OUR KNOWLEDGE, AND THAT NO CHANGES WILL BE PERMITTED WITHOUT WRITTEN APPROVAL BY MYSELFIUS AND THE DEVELOPMENT DEPARTMENT. I �• L ovcND v�� R �LCL r D �/2 �' %�Lj/:.�cti� !'I,�L' i R['b�u6 t FLfc T. ` „h'rESi 1Q R,�titi� a UV N \J �WIT ,i J Cpv r OC It =C-1 V N O c� elf swi `0Vkk it F SAMPLE FORMS TITL' SF, --FT SUBSTITUTION REQUEST FORM LIST OF SUB - CONTRACTORS MB E/WB E INFORMATION GOOD FAITH EFFORT STATEMENT OF MBE/WBE PARTICIPATION CERTIFICATION BY PROPOSED CONTRACTOR REGARDING JAPANESE CONTRACT RESTRICTIONS CONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS & PREVAILING WAGE REQUIREMENTS CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY NON - COLLUSION AFFIDAVIT SUB - CONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS & PREVAILING WAGE REQUIREMENTS. CERTIFICATION By PROPOSED SUB - CONTRACTOR REGARDING EQUAL EMPLOYMENT OPPORTURITY SECTION 3 CLAUSE CONTRACT COMPLIANCE QUALIFYING REPORT FOR CONSTRUCTION CONTRACTORS & VENDORS, and INSTRUCTIONS AFFIRMATIVE ACTION POLICY FOR CONTRACTORS & VENDORS FORM OF AGREEMENT OPERATIONS & MAINTENANCE MANUAL SUBMISSION COVER SHEET JAW:0091 V Rev.12/1996 SUBSTItUTION REQUEST FORM RE: Project Name Project Number TO: Architect Address City, State, Zip Telephone FAX FROM: Firm Address City, State, Zip Telephone FAX BID DATE: PROPOSED SUBSTITUTION: SECTION: SPECIFIED: SUBSTITUTION: 1. Will the substitution affect dimensions indicated in the Contract Documents? YES NO 2. Will the substitution affect the electrical, mechanical, structural, or other major systems Included in the Contract Documents? YES NO 3. Will the substitution affect the work specified in other Sections? YES NO ATTACHMENTS: Include the following attachments - 1. Include copy of the Project Manual Section.where the proposed substitute would be specified. rewritten to include any changes necessary to specify the substitution. Identify completely changes made to the original Project Manual Section. 2. Copies of details, elevations, cross- sections, and other elements of the Project Drawings redone as necessary to show changes necessary to accommodate proposed substitution. Identify completely the changes from the original Drawings. 3. Complete product literature and technical data, installation and maintenance Instructions, test results, and other information required to show complete conformance with requirements of the Contract Documents. SIGNED: LIST OF SUBCONTRACTORS Name & Address } Under Which Subcontractor License Contractor Sub - Contract Specific Description Licensed Number I.D. Number Amount Sub - contract r �T• a w U U w w El uw C� z � 0 o�o a a 44 A p� o •� z40 0 ebb araw a a w A A c w u w � 0 0 E Xn o N �• f� y • w ta. ' o E-Ua n 0 i ° a o O � � wino � S a� 0 01 0 •� 9 �b d 0� �o / u� z a a w A A c w u w � 0 0 E GOOD FAITH EFFORT STATEMENT OF MBE/'VVBE PARTICIPATION :j PROJECT N0. BID OPENING DATE: TYPE OF WORK: The. CITY OF SAN BERNARDINO established a Mnority Business Enterprise (MBE) goal of 15% and Women's Business Enterprise (WBE) goal of 5% for this project. The Contractor has committed to a goal of % MBE and a goal of % ME necessitating a good faith effort statement in accordance with 49 CFR 23.45. Our project files show that such a good faith effort was made. The following is a summary of that documentation: (1) Attendance at/or request for any pre - solicitation or pre -bid meetings: (2) Advertising inappropriate publications subcontracting opportunities: (Name and Date of publications) } (3) Providing written notice to a reasonable number of MBE(s) and WBE(s) seeking their interest in subcontracting opportunities being made available by the Contractor. (4) , Following up of initial solicitations of interest: (Names, type, result). CERTIFICATION BY PROPOSED CONTRACTOR REGARDING JAPANESE CONTRACT RESTRICTIONS Background Section 109 of the Public Law 100 -202 imposes a ban against the use of foreign contractors and suppliers who are from countries that discriminate against U.S. firms in public works projects. To date, Japan is the only country to which these restrictions apply. The ban applies to construction contractors and to architectural, engineering or other services directly relating to the construction or rehabilitation of public buildings or projects. A firm is affected by the ban if 50% or more of its stock is owed or controlled by a citizen or national of a foreign country included on the list of the foreign countries that discriminate against U.S. firms published by U.S. Trade Representative (USTR) . General partnerships are also covered by the ban. A clause entitled "Restrictions on Public Buildings and Public Works Projects" is included in the body of the construction contract for the proposed project. This clause provides detailed definitions and restrictions pertaining to the award of this contract. The bidder referenced below is the firm, company, corporation or its representative proposing to do work on or supply materials for the project. Contractor's Certification Building Contractor's Name: Address: 1. Bidder is not owner or controlled by a firm(s) included on the list of countries that discriminate against U.S. firms published by the USTR. True False 2. Bidder has not or will not subcontract with a firm(s) owned or controlled by a country on the USTR list. True False 3. Bidder will not use any construction product or materials including permanently affixed instruments, equipment, electronics or other devices (excluding vehicles and construction equipment of a country on the USTR list. True False Certification - The information above is true and complete to the best of my knowledge and belief. Name and Title of Signer (Please Type) Signature Date Note: Failure to complete this form is cause for rejection of the bid as not being responsive or responsible. OFFICE OF COMMUNITY DEVELOPHENT COHHUNITY DEVELOPHENT BLOCK GRANT PROGRAM CONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS TO tAppropriate Recipient) C/o UATt PROJECT NG:•3ER (If any) PROJECT NAME 1. The undersigned, having executed a contract with for the construction of the above - identified project acknowledges that: (a) The Labor Standards provisions are included in the aforesaid contract: (b) Correction of any infractions of the aforesaid conditions, including infractions by any of his subcontractors and any lower tier sub- contractors, is his responsibility: 2. He certifies that: (a) Neither he nor any firm, partnership or association in which he has substantial interest is designated as an ineligible contractor by the Comptroller General of the United States pursuant to Section 5.6(b) of-the Regulations of the Secretary of Labor, Part 5 (29 CFR, Part 5) or pursuant to Section 3(a) of the Davis -Bacon Act, as amended (40 U.S.C. 276a-2(a)). (b) No part of the aforementioned contract has been or will be subcontracted to any subcontractor if such subcontractor or any firm, corporation, partnership or association in which such subcontractor has a substantial interest is designated as an elegible contractor pursuant to any of the aforementioned regulatory or statutory provisions. J. lie agrees to obtain and forward to the aforementioned recipient within ten days after the execution of any subcontract, including those executed by his subcontractors and any lower tier subcontractors, a Subcontractor's Certification Concerning Labor Standards and Prevailing wage Requirements executed by the subcontractors. 4. He certifies that: (a) The legal name and the business address of the undersigned are: (b) The undersigned is: (1) A SINGLE PROPRIETORSHIP (3) A CORPORATION ORGANIZED IN THE STATE OF (2) A PARTNERSHIP i (4) OTHER ORG?.NIZATION (Describe) CERTIFICATION OF BIDDER REGARDING ' } EQUAL EMPLOYMENT OPPORTUNITY INSTRUCTIONS This certification is required pursuant to Executive Order 11246 130 F. R. 12319 -251. The implementing rules and rt?ilations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as an initial part of the bid or negotiations of the contract whether it has participated in any previous contract or iub• contract subject to the equal opportunity clause: and, if so, whether it has filed all compliance reports due under applicable instructions. Whcre'the certification indicates that the bidder has not filed a compliance report due under applicable instructions, such bidder shall be required to submit a compliance report within scum calendar days after bid opening. No contract shall be zwarded unless sits report is submitted. CERTIFICATION BY BIDDER Bidder's Name: Address and Zip Code: °, 1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause. Yes 0 No 0 (If answer is Yes, identify tfic host recent contract.) Z. Compliance reports were required to be filed in connection with rich contract or subcontract. Yes D No Q (If.anssrcr is Yes. identify tAe most recent contract.) 3. Bidder has Sited all compliance reports due under applicable instructions, including SF-100. Yes O No 0 None Required 0 4. 3f answ rto item 3 is "No;' please explain in detail on reverse side of this certification. CertTiiation —The information above is true and complete to the best of my knowledge and belief. Name and Title ol59na 1plesm Trpel Si�N curt Oate (This affidavit shall be executed by all bidders at the time of bid. submittal. Failure to execute the affidavit on this page will result in rejection of bid.) NON - COLLUSION AFFIDAVIT To the Economic Development Agency, City of San Bernardino, State of California: The undersigned in submitting a bid for performing the following work by Contract /Agreement, being duly swom, deposes and says: That he /she has not, either directly or indirectly, entered into any Contract /Agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such Contract /Agreement. Signature of Bidder Business Address Place of Residence Subscribed and sworn to before me this _ day of , 19_. , State of California. Notary Public in and for the County of My Commission expires 119-- C/o OFFICE OF COHHUNITY DL- VELOPtfENT COMMUNITY DEVE'LOPH£NT BLOCK GRANT PROGRAX SUBCONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS (Appropriate Recipients): I DATE ehUJEC.-T NU!BER (It any) PROJECT NA11Z 1. The undersigned, having executed a contract with (Contractor or Subcontractor) for (Nature of work) in the amount of S in the construction of the above- identified project, certifies that: (a) The Labor Standards Provisions of The Contract For Construction are included in the aforesaid contract. (b) Neither he nor any firm, corporation, partnership or association in which he has a substantial interest is designated as an ineligible contractor by the Comptroller General of the United States pursuant to Section 5.60(b) of the Regulations of the Secretary of Labbr, Part 5 (29 CFR, Part 5) , or pursuant to Section 3(a) of the Davis -Bacon Act, as amended (40 U.S.C. 276a- 2(a)). (c) No part of the aforementioned contract has been or will be subcontracted to any subcontractor if such subcontractor or any firm, corporation, partnership or association in which such subcontractor has a substantial interest in designated as an ineligible contractor pursuant to the aforesaid regulatory or statutory provisions. 2. He agrees to obtain and forward to the contractor, for transmittal 'Eo the recipient, within ten days after the execution of any lower subcontract, a Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Raquirements, executed by the lower tier' subcontractor, in duplicate. (a) The workmen will report for dut•1 on or about (Date) 3• He certifies that: (a) The legal name and the business address of the undersigned are: (b) The undersi ned is: (1) A SINGLE PROPRIETORSHIP: (3) A CORPORA :ZJN QRL'ANI:ED IN ':HE STATZ OF: (2) A PARTNESHZP 1 (4) OTHER ORGANIZATION (Describe) CERTIFICATION BY PROPOSED SUBCONTRACTOR REGARDING . EQUAL EMPLOYMENT OPPORTUNITY r...c or •.4..c CONTIMIAcTOn PRojocT 040. INSTRUCTIONS This certification is required pursuant to Executive Order 11246 (30 F.R. 12319.25). The implementing rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as an initial part of the bid or negotiations of the contract .nether it has participated in any previous contract or sub- contract subject to the equal opportunity clause; and, if so, whether it has filed ell compliance reports due under epplicabla- instructions. Vlore the certification indicates that the subcontractor has not filed a compliance repent due under applicable in. stnrctions, such subcontractor shall be required to submit a compliance report before the owner epprwes the sub- contract or permits work to begin under the subcontract. SURCONTRACTOR'S CERTIFICATION Subcontractors None: Address: 1. Bidder has participated in a previous contract or subcontract subject to the Equel Opportunity pause. Yes M No C] 2. Compliance reports were required to be filed in connection with such contract of subcontract. Yes C:] No C] 3. Bidder has filed all compliance reports due under applicable instructions, inclvdiag SF -100. Yes M No M Norte Required Q A. if answer to item 3 is "No," please explain in detail on reverse side of this certificatiea. Certification —The information above is true and complete to the best of my knowledge end belief. NAvc •NO TITI.[ Or Si GN(w ( (4yt Jr") SIaNA TtJge O• T[ 24 CFR, PART 135 ECONOMIC OPPORTUNITIES FOR LOW - AND VERY LOW- INCOME PERSONS Section 135.38 Section 3 Clause A The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic - opportunities generated by HUD assistance or HUD- assisted projects covered by Section 3; shall, to the greatest extent feasible, be directed to low- and very low- income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 Clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, positions, the qualifications for each; and the applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this Section 3 Clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 Clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 135. F_ Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. @S-%-W3= _ M C 0 E Q O 4 0 0 Z •- O 0- O o co h ` u � } u D o v o -_ u W C :, eo Q W v O a a_ qu ° � U � Q x p I O O U D U a. _4 co C � O � U 3 N C) O C) a � O i c d v d IL a co c, I� 0 rA u O A � O `a c y N O ' v N v s Q� .� _ O G O U ca SO •- G U. � cn G U O o co i = U N Y� o •�' nr �°= t€ �fE s o�: o Y�4 Y • E = n- `c U ;c Vis v ; • C < ° � F c u o • E asst CL a � V �£ sc n L O �= w >�; E L L =�F'O . ^ o CL C bs C o } C C s. Cc Y� o •�' nr �°= t€ �fE s o�: o Y�4 Y • E = n- `c U ;c Vis lb • W U 0 U. ]C Q 0 3 2 W cc Q v v ; • C a � L O • w w • CL C } C C s. o� � Z E 0 x 0 x 4 ° g o 0 '+ W z c E Z 2 2 < • ` • u ❑ ❑ O � � < W W y W • L '0 C u • • N } c • } } O - i o ❑ 11 E Z¢ o N w w � a w W C C } W J- H h• Q � Cp • OZ W• . y • .a;. • V C Yc�s = $ u a . € � i • 2. f o f= ; 2s w g o : c_ . V <4: n E- E 1? E E w Y � t: w L n E • � a. s. `u WW W } O u t r = a V 0 � W } . O C • Yrca� O lb • W U 0 U. ]C Q 0 3 2 W cc Q v v ; o� O W z 2 < O � � < W W y W N } } O o .. z Z¢ o N 2 W } W J- H h• Q OZ .a;. Yc�s . w C 2s c_ . V <4: S< C Y WW W } O u o _ � W } . O C • Yrca� O E��Z z _ f aF W • • � Y g 2 u 0 W h W W W W O W W 4 a 1� < h G C q N l .Y O O io _ u lu Y N •--. 0 V D N AFFIRMATIVE ACTION POLICY FOR CONTRACTORS AND - VENDORS lYime of Contractor adopts this plan to affirm its support of a program of equal employment opportunity, an0 to assts compliance with Executive Orders 11246 and 11175. Title V11 of the Clvil Rights Act of I,Y, Section Sol the Rehabilitation .tci of 1973; the California Fair Emplovnent Practice Act, and the ic�plencnting ent4ty Affir6ative Action Compliance Program. Th.s contractor agrees to assert leadership within the con. =Lnl and to put forth good faith efforts to achieve full employment and utilisation of the czpabilities a ?roductivity of all our citizens without regard to race, age, color, -sex, relic ?on, ancestry, nation orIlln, marital status, or handicap. This contractor further recognizes that the effective application of a policy of ecual employment opportunity involves mori than just a policy statement and will. therefore. undertake affirmative action to :Hake known that equal opporiunit,:s arr i railablt on the bans of individual merit. and to encourage advancement on this bast:. The following Affirmative Action Program is hereby established as the policy and prac.ices of our company: Instructions: Indicate your policy by circling the applicable letter to the kft of each item below. The letters are to be interpreted as follows: A. This is now a practice of our Company. B. Our Company will adopt this policy. C. Our Company cannot or will not adopt this policy. If C- ;s circled. explain reason. Use separate sheet if additional space is ne -ded. 1 Onee I Items 1. Our company shall recruit and hire all employees without reeard to race. age. color. sex. religion. ancestry. A national origin. marital status or hzna;cap, and will treat all emoloYees equally in respect to compensr and opportunities for advancement: including upgrading and promotion. -B -C Explain —c- 2. Our company will actively use.recru;tment sources such as employment agencies. unions. and schools which A have a policy of referring applicants on a nondiscriminatory basis. B C I - Explain C A 3. Our company will disseminate its affirmative action policy externally by informing and discussing it with all recruitment sources, by advertising in news media. specifically including minority news media. and by notifYing and discussing the policy with all local minority, handicapped and women's organizations and B subcontractors and shall maintain records of the organizations' responses. C E�rp lain C A '4. Our company shall make specific and constant personal, written, and oral recruitment efforts directed at •" local minority, tundicapped. and women's organizations, including schools. recruitment and trair organizations. 8 Grctc One 1 terns 12. Our company shall make sure that seniority practices, job classifications, rates of pay, and other foams of A compensation, and other employee practices and classifications do not have an unlawfully discriminatory effect on handicapped. minority or female employees. B } C Explain "C" 13. Out company will make certain that all facilities normally used concurrently by all company activities are A nonsegregated. B C Explain "C" 14.Our company shall make certain that all subcontractors are in compliance with the A Affimativc Action Compliance Plan of the iaplenentiry entity, and that all project subcontractors have an approved Affi mative Action Plan. B C Explain "C" 15. Our company shall solicit bids for subcontrac :s from minority subcontractors and female subcontractors A subject to availability. _B j C ExplJin "C" A B C 16. Our company shall make every effort to provide afar school, summer and vacation employment to minority youths. cxpuln (; - A 17. Sour. Denting entity'soAifirmative monitor all Actin Policy for nContr Contractors andt Vendors eisthcarried out. B Daa Si prt I tYR , FORM OF CONTRACT /AC ;RE+1vENT NOTE: The form outlined below is intended to be representative only of the type of Contract /Agreement to be used. The actual document to be executed by the parties will be prepared by the Project Administrator and may vary somewhat in content and form from that shown below as circumstances require. CONIRA.CT /AGREEMF-N7' This CONTRACT /AGREEMENT is made the _ day of _., 19_, by and between the ( "Subrecipient ") and ( "General Contractor "). The Economic Development Agency (EDA) will be the Project Administrator. In consideration of the payments to be made hereunder and the covenants and conditions contained herein the parties hereto agree as follows: ARTICLE L PROJECT DESCRIPTION The Subrecipient shall hereby retain the General Contractor to provide a , for the ro. accordance with: (i) the approved plans, specification, and other documents specified. below in Article II ('Contract/Agreement Documents ") which are incorporated herein. by this reference as part of this Contract /Agreement as if attached hereto and (ii) the regulations implementing the Community Development Block Grant program codified at 24 CFR 570. The General Contractor shall furnish all materials, supplies, tools, equipment, labor, and all other services necessary for construction and completion of this Project. ARTICLE IL CONTRACT / AGREMENN T DOCUM_EN 'S The Contract /Agreement Documents include: a. Contract /Agreement b. Instructions to Bidders C. Specifications prepared by Project Administrator and issued by the Agency d. List of Sub- Contractors e. Minority and Women Owned Business Enterprise Program Documents f. Certification by Proposed Contractor Regarding Japanese Contract Restrictions g. Contractor's Certification Concerning Labor Standards and Prevailing Wage Requirements h. Certification of Bidder Regarding Equal Employment Opportunity i. Non - Collusion Affidavit j. Sub - Contractor's Certification Concerning Labor Standards and Prevailing Wage Requirements k. Certification by Proposed Sub - Contractor Regarding Equal Employment Opportunity 1. Section 3 Clause Form m. Contract Compliance Qualifying Report 11. Affirmative Action Policy for Contractor & Vendors o. General Conditions /Supplementary Conditions p. Payment Bond q. Performance Bond r. Addenda Numbers as Issued S. Federal Guide Lines Contractor shall comply with any and all provisions, terms and conditions set forth or contained in the Contract Documents. ARTICLE III_ COMPENSATION and PAYMENT The Subrecipient shall compensate the General Contractor a sum of ($ . . ) through the Project Administrator for performance of the work described in the Contract /Agreement Documents, subject to additions and deductions by change order(s) as issued by the Project Administrator. On or before the Fifteenth and Thirtieth day of each month that work has been performed by the General Contractor as described in the Contract /Agreement Documents. The General Contractor may submit an application for payment to the Project Administrator in accordance with the Contract /Agreement Documents stating the percent of work completed and the amount of compensation due to the General Contractor. The General Contractor's compensation shall include tune, material, and any other compensation to the employees of the Contractor and all Sub - Contractors hired by the General Contractor to perform any work required pursuant to this Contract /Agreement. The General Contractor may receive progress payments bi- zn.ontbly based on the percentage of work completed, which shall be verified by the Project Administrator prior to payment. Within Fifteen (15) days of the date of the Project Administrator's receipt and approval of the General Contractor's application for payment, the Project Administrator shall pay the General Contractor ninety percent (90 %) of the progress payment due and shall withhold ten percent (10 %). All amounts withheld shall be paid to the General Contractor within sixty (60) days of substantial completion and acceptance by the Project Administrator of the work, as determined by the Project Administrator in its sole discretion. ARTICLE IV_ INDEMNIFICATION and INSURANCE Indemnification. The General Contractor shall defend, indemnify, and hold harmless the Project Administrator, its officers, employees, and agents from and against any and all actions, suits, proceedings, claims, demands, losses, costs, and expenses, including attorneys' 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 or omissions of the General Contractor, its officers, employees, agents, and its Sub - Contractors arising from or related to performance of the work required hereunder to complete the signage improvements. Insurance. The General Contractor shall procure and maintain insurance policies ineeting the ininimurn requirements set forth below. Insurance shall be provided by insurers satisfactory to the Project Administrator. Certificates evidencing insurance coverage shall be delivered to the Project Administrator 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 written notice of cancellation to the Project Administrator. A. Comprehensive General Liability Insurance. The General Contractor shall maintain comprehensive general liability insurance of not less than One Million Dollars ($1,000,000.00) combined single limit per occurrence. B. Automobile Insurance. The General Contractor shall maintain comprehensive automobile liability insurance of not less than One Million Dollars ($1,000,000.00) combined single lirnit per occurrence. C. Workers Compensation. The General Contractor shall maintain worker's compensation coverage in accordance with the laws of the State of California for all workers under it employ and Sub - Contractors performing the work required herein. ARTICLE V. PREVAILING WAGE In accordance with 24 CFR 570.603, Section 1.10(a) of Title 1 of the Housing and Community Development Act of 1974, as amended (42 U.S.C. 5301 et sea.), requires that all laborers and mechanics employed by the Contractor or its Sub-Contractors-shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis -Bacon Act, as amended. (40 U.S.C. 276a- 276a -5). By reason of the foregoing requirement, the Contract /Agreement Work Hours and Safety Standards Act (40 U.S.C. 327 et SeMc .) also applies. The General Contractor shall submit weekly for each week in which. any Contract /Agreement work is performed an original of all payrolls to the Project Administrator. These payrolls are to be delivered by the contractor, within seven (7) days after the regular payment date of the payroll period. The payroll records shall set out accurately and completely the name, address, social security number, classification, rate of pay, daily and weekly hours worked, deductions made and actual wages paid. Each payroll submitted shall be accompanied by a "Statement of Compliance ", signed by the General Contractor or Sub - Contractor and shall certify that the payroll is accurate and complete as required under 5.5(a)3(i) of Regulations 29CFR Part 5; that each employee has been paid full weekly wages without deductions other than permissible deductions as set forth in Regulations, 29 CFR Part 3; that each employee has been paid not less than the applicable wage rates and fringe benefits or cash equivalent for the classification of work performed. The General Contractor is responsible for the submission of payrolls by all Sub- Contractors. ARTICLE VI TIIvIE3 FOR PERFORMANCE Time is of the essence. The General Contractor shall commence the work required herein on the date of the Notice to Proceed which the Project Administrator shall deliver to the General Contractor, and the General Contractor shall complete the work within _ �) calender days of the date of the Notice to Proceed. ARTICLE VII_ ENVIRONMENTAL PROTECTION Contractor agrees that he /she shall comply with the requirements of all applicable federal, state, and local environmental laws and regulations, including without limitation, the National Environmental Policy Act of 1969 ( "NEPA "), The Resource Conservation and Recovery Act ( "RCRA "), 42 U.S.C. Section 6901 et 5q., Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( "CERCLA "), 42 U.S.C. Section 9601, et 5tq., and the Hazardous Waste Control Law ( "HWCL "), Health and Safety Code Section 25100, et seq. ARTICLE VIII_ MISCELLANEOUS Notice. Notices shall be presented in person or by certified or registered United States trail, return receipt requested, postage prepaid or by overnight delivery made by a nationally recognized delivery service to the addresses noted below. Notice presented by United States mail shall be deemed effective the second business day after deposit with the United States Postal Service. This Section shall not prevent giving notice by personal service or telephonically verified fax transmission which shall be deemed effective upon actual receipt of such personal service or telephonic verification. Either party may change their address for receipt of written notice by so notifying the other party in writing. TO SUBRECIPIENT: TO GENERAL CONTRACTOR: Attn: MIN TO Project Administrator: Economic Development Agency of the City of San Bernardino 201 North 'E' Street Third Floor San Bernardino Calif. 92401 Attn: Development Director Severability. In the event that any one or more of the sentences, clauses, paragraphs or sections contained herein is declared invalid, void, or illegal by a court of competent jurisdiction the same shall be deemed severable from the remainder of the Contract /Agreement and shall in no way affect, impair, or invalidate any of the remaining phrases, sentences, clauses, paragraphs, or sections contained herein. Waiver. Failure of either party to enforce any provision of this Contract /Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Contract /Agreement. Entire Contract /Agreement. This Contract /Agreement contains the entire understanding and agreement of the parties and cannot be amended without prior written consent of the parties hereto. Amendment. This Contract /Agreement may be amended at any time by a written instrument signed by the parties hereto. Assignment. In no event shall either parties (General Contractor or Subrecipient) assign or transfer any portion of this Contract /Agreement without the prior written consent of the Project Administrator, which consent may be withheld in its sole discretion. The Contractor shall not assign any money due or to become due to him/her hereunder nor shall he /she pledge or attempt to pledge the credit of the Owner or bind the Owner to any third party. Governing Law. This Contract /Agreement shall be governed by the laws of the State of California. Successors and Assigns. This Contract /Agreement shall be binding upon and inure to the benefit of the parties hereto and their heirs, executors, administrators, successors, and assigns. Inspection. The fact that any particular work has been inspected shall not be considered a waiver of the requirement of strict compliance with the Contract /Agreement Documents. Contractor Not Agent of Owner or Project Administrator. It is expressly agreed that the General Contractor is not the agent or employee of the Owner or Project Administrator, but is an independant contractor. ART -ICLE IX- PROVISIONS REQUIRED BY LAW Each and every provision of law required to be inserted in this Contract /Agreement shall be deemed to be inserted herein and this Contract /Agreement shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted or is not inserted correctly, then upon application of either party the Contract /Agreement shall forthwith be physically amended to make such insertion or correction. ARTICLE IC_ DEFAULT & ATT'ORNEY'S FEES Should any dispute arise between the parties hereto, with regard to performance of their respective obligations under the Contract /Agreement Documents, which dispute cannot be settled between the parties and litigation is cormnenced, then the losing party in the litigation agrees to pay all costs and attorney's fees of the prevailing party. The cost, salary and expanses of the City Attorney and members of his office in enforcing this contract on behalf of the Economic Development Agency shall be considered as 'attorneys fees' for the purposes of this paragraph. IN WITNESS WHEREOF, the parties hereto have cause this Contract /Agreement to be executed as of the date first written above. JJf3I F07-.gENT Fy_ Directs CONTRACTOR VFrinit Tztlel License Number. PROJECT A D,V 1'qT3 TRA.'TO THE ECONOMIC DEVELOPMENT AGENCY OF CITY OF SAN BERNARDINO APPROVED AS TO FORM AND LEGAL CONTENT Un EDA Counsel By Ronald E. Winkler, Director Development Department OPERATING AND MAINTENANCE MANUAL DATA For Section Number - Section Title A. PROJECT CALIFORNIA THEATER B. GENERAL CONTRACTOR Firm Name Mailing Address & Street Address City, State, Zip Telephone Number C. SUB- CONTRACTOR/INSTALLER Firm Name Mailing Address & Street Address City, State, Zip Telephone Number D. SUPPLIERS) Firm Name Mailing Address & Street Address City, State, Zip Telephone Number E. MANUFACTURER(S) Firm Name Mailing Address & Street Address City, State, Zip Telephone Number APPENDIX ! Category Principal Business Location Goal - Parity With Contractors except San Bernardino County Riverside . San Bernardino - Ontario construction S. M. S. A. Contia-ciors except Within Loi•Angeles. Long Local S. M. S. A. construction Beacn. Orange and San Diego '- S. M. S. A. Contrac:a:s except Wi ;!:.r. ca.,.Hornia, but not Area business located, unless construct:on San, c : :z :rdino, Orange. Los have offices in Riverside - San Anciies, Sar. Diego S. M. S. A. Bernardino - Ontario S. M. S. A — then parity same as Number 2 above. %a :;roc :ors e;ccep: ' vu; ;ace Cai�ic :nia Principal place of business c ::utruci:Gr. ' Zorz:ac:o:s except IA _cca s :a`.f parity t�i;� R:ver;:ae - eorstruetien San Bernardino - O ::o :io c..: `i. S. A. Construction WA ?ivers :tie •Sar, Bernardino • Ontar,: Contractors S. N:. S. A. GOALS FOR WOMEN IN CONSTRUCTION Or. 7, 1978. :f a Departmen- of Labor. Office of Federal Contract Compliance Progrsms goats for :tae Pa:1icip21,o - of women in the construction industry. These goals, which shall appiy to ail work force ievels, categories, crafts, skills, and apprenticeships, are the following: Time Frame April 1. 1978 — March 31. 1979 April 1. 1979 — March 31. 1980 April 1. 1980 — March 31. 1981 Goals (in Percent) 3.1 5.0 6.9 GENERAL CONDITIONS SECTION 1 - DEFINITIONS SECTION 2 - CONTRACT DOCUMENTS SECTION 3 - DISCREPANCIES IN CONTRACT DOCUMENTS SECTION 4 - ADDITIONAL DRAWINGS & INSTRUCTIONS SECTION 5 - OWNERSHIP OF DRAWINGS SECTION 6 - COPIES FURNISHED SECTION 7 - TESTING SECTION 8 - SURVEYS, BUILDING LAYOUT, & SITE EXAMINATION SECTION 9 - ROYALTIES & PATENTS SECTION 10 - CONTRACTOR'S LIABILITY INSURANCE & BONDS SECTION 11 - HOLD HARMLESS AGREEMENT SECTION 12 - BUILDER'S RISK LOSSES SECTION 13 - MEASUREMENTS SECTION 14 - INSPECTION OF WORK SECTION 15 - SUPERVISION & CONSTRUCTION PROCEDURES SECTION 16 - ARCHITECT'S STATUS SECTION 17 - ARCHITECT'S DECISIONS SECTION 18 - EMERGENCIES SECTION 19 - TEMPORARY OR TRIAL USAGE OF ANY MECHANICAL DEVICES SECTION 20 - CONDEMNATION OF WORK SECTION 21 - CHANGES IN THE WORK SECTION 22 - CLAIMS FOR EXTRA COST SECTION 23 - DELAYS AND EXTENSION OF TIME SECTION 24 - DISPUTES SECTION 25 - CORRECTION & WARRANTY OF WORK SECTION 26 - OWNER'S RIGHT TO DO WORK SECTION 27 - CONTRACTOR'S APPLICATION FOR PAYMENT SECTION 28 - PAYMENTS TO CONTRACTOR SECTION 29 - PAYMENTS WITHHELD SECTION 30 - CONTRACTOR'S RESPONSIBILITY SECTION 31 - OWNER'S RIGHT TO TERMINATE CONTRACT SECTION 32 - CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT SECTION 33 - SEPARATE CONTRACTS SECTION 34 - ASSIGNMENT SECTION 35 - SUBCONTRACTORS SECTION 36 - LIQUIDATED DAMAGES 1 Table of Contents General Conditions GENERAL. CONDITIONS SECTION 1 - DEMNI TION& /1 1. OWNER - C t7'/ ci 504 i}�►.1�1t2y�r�ic FLOJan�� (�11�aQM i7l�EtJC`f 2. ARCHITECT - The Architect is the person or organization, a licensed Architect or Engineer, so designated in the Agreement, hereinafter referred to as "Architect". G� p/. _ i' 1 3. CONTRACTOR - The Contractor is the `person or organization \��iid'- ennttified as such in the ,Agreement and is referred to throughout the Contract Documents as if singular in number and masculine in gender. The term "Contractor" means General Contractor or his authorized representative. 4. SUBCONTRACTOR - The person, firm, or corporation supplying direct or indirect labor and /or materials at the site of the Project and under separate contract or agreement with the Contractor. 5. THE WORK - The Work includes all labor necessary to produce the construction required by the Contract Documents and all materials and equipment incorporated or to be incorporated in such construction. 6. THE PROJECT - The Project is the total construction designed by the Architect of which the Work performed under the Contract Documents may be the whole or a part. 7. PROJECT ADMINISTRATOR - The City of San Bernardino Economic Development Agency is the project administrator. The project administrator has been designated' to represent the owner, process payments applications, approve contract change orders, and provide overall supervision for the project. 8. WRITTEN NOTICE - Written Notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or to an officer of the Corporation for whom it was intended or, if delivered at or sent through the United States Mail, to the last business address known to him who gives the notice. 9. CDBG - The project is funded through the Community Development Block Grant (CDBG) Program and is subject to any rules, regulations, and /or requirements thereof. 10. HUD - Department of Housing and Urban Development. SECTION 2 - TIIE CONTRACT DOCUMENTS: 1. The Contract Documents consist of the Agreement, the Conditions of the Contract (General, Supplementary, and other Conditions), the Drawings, the Specifications, all Addenda issued prior to execution of the Contract, and all Modifications thereto. A Modification may be made only after execution of the Contract. A Modification is: a. A written amendment to the Contract signed by both parties, b. A Change Order, C. A written interpretation issued by the Architect pursuant to Section 4, or d. A written order for a minor change in the Work issued by the Architect pursuant to Section 21. 2. The Contract - The Contract Documents form the Contract. The Contract represents the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations, or agreements, eitherwritten or oral, including the Bidding Documents. The Contract may be amended or modified only by a Modification as defined in Section 2, Paragraph 1, above. 3. The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all. The intention of the Contract Documents is to include all labor, materials, equipment, and other items necessary for the proper execution and completion of the Work. 4. Words which have well known technical or trade meanings are used herein in accordance with such recognized meanings. 5. Within Contract Documents, there shall be the following precedence: a. The Agreement takes precedence and governs all other documents. b. Supplementary General Conditions take precedence over General Conditions. C. General Conditions govern Drawings and Specifications. d. Addenda or modifications of any nature, to the Drawings and Specifications, take precedence over the original. C. Specifications take precedence over Drawings. f. Within the Working Drawings, the larger scale takes precedence over smaller, figured dimensions over scaled, and noted materials over graphic indications. SECTION 3 - DISCREPANCIES IN CONTRACT DOCUMMM: Should any question arise regarding the Contract Documents, the Contractor shall request interpretation and clarification from the Architect before proceeding. In the absence of such request and authorization, the Contractor proceeds at his own risk. General Conditions SECTION 10 - CONTRACTOR'S LIABU -M INSURANCE AND BONDS: 1. Insurance: a. The Contractor shall not commence work under this Contract until he has obtained, as a minimum, the insurance required hereunder and evidence of such insurance has been submitted to and approved by the Project Administrator. The submittal of said evidence to the Project Administrator shall not relieve or decrease the liability of the Contractor hereunder. 1) Workers' Compensation & Employers' Liability Insurance - a) As required by statute. 2) Commercial General Liability Insurance - ISO Form CG 00 01 (11/85) or equivalent, Occurrence Policy, with - a) Limits of not less than - (1) rencral Aggregate 51,000,000.00 (2) Products - Comp /OPS Aggregate $ 1,000,000.00 (3) Personal and Advertising Injury $ 1,000,000.00 (4) Each Occurrence $ 1,000,000.00 (5) Fire Damage (any one fire) S 50,000.00 (6) Medical Expense'(any one person) S 5,000.00 b) Endorsements attached thereto including the following or their equivalent - (1) ISO Form CG 25 01 (11/85), Amendment Of Limits Of Insurance (Designated Project or Premises), describing the subject Contract and specifying limits as shown above. (2) ISO Form CG 2010 (11 /85), Additional Insured - Owners, Lessees, Or Contractors (Form B), naming the Project Administrator as additional insured and containing the following statement - 'This Endorsement Also Constitutes Primary Coverage In The Event Of Any Occurrence, Claim, Or Suit'. 3) Automobile Liability Insurance, with - a) Limits of not less than 51,000,000.00 Combined Single Limit per accident. b) Coverage applying to Any Auto. 2 Certificate of Insurance, on ACORD 25 -S (3/88) Form, or equivalent, filed with the Project Administrator identifying. a. Owner /Project Administrator, as defined in the Construction Agreement, as Certificate Holder and Additional Insured. b. Endorsements, as listed above. (Note: If forms other than ISO forms arc used, copies of the non -ISO forms are to be attached to this certificate). C. Project as defined in the Construction Agreement. d. Cancellation clause of the certificate amended to read, "Should any of the above described policies be cancelled before the expiration thereof, the issuing company will mail 30 days written notice to the certificate holder named to the left'. C. Insurance Companies Providing Coverage - All companies listed must be rated 'B Class V' or better in the A.M. Best Company Key Rating Guide - Property- Casualty, current edition. L The Name, Address, And Telephone Number Of The 'Producer' - The certificate to bear an original signature of the Authorized Representative of the Producer. Facsimile or mechanically reproduced signatures will not be accepted. 3. Performance Bond and Labor & Material Payment Bond: a. The Contractor shall furnish to the Project Administrator a performance bond and a labor and material payment bond each in an amount equal to 100 percent of the Contract sum, as security for all obligations arising under the construction agreement. Such bonds shall - 1) Be written on Form AIA Document A312. Where the laws of the state in which the Project is located mandate a statutory payment bond form, such mandated payment bond form shall be used but is to be accompanied by the AIA Document A312 Performance Bond. 2) Be issued by a surety company or companies licensed in the state in which the Project is located and holding valid certificates of authority under Sections 9304 to 9308, Title 31, of the United States code as acceptable sureties or reinsurance companies on federal bonds. The penal sum obligation assumed by each surety, shall not exceed the authorization shown in the current revision of Circular #570 as issued by the United States Treasury Department i.e. 'Treasury List% 3) Be accompanied by a certified copy of the Power of Attorney stating the authority of the Attorney -in -fact executing the bonds on behalf of the Surety. 4- The Owner and /or Project Administrator reserves the right to reject any insurance company, policy, endorsement, certificate of insurance, surety company, certificate of insurance, performance bond, or labor and material payment bond with or without cause. 5. The cost of such insurance and such bonds as required above shall be the obligation of the Contractor. SE MON 11 - HOLD HARMIESS AGREEMIWP In addition to obtaining insurance coverage as required above, Contractor shall indemnifyand hold the Owner, the Architect, Project Administrator, and their agents and employees harmless from and against any and all liability, demands, causes of action, or claims thereof, whether well- founded or otherwise, including the cost of defending the same, for bodily injury to any person whosoever (including the employees of the 0wrier /Project Administrator or the Architect) or damage to property of any person in the course of construction as a result of the negligence of the Contractor, the subcontractors or matcrialmen, their agents or employees. 2. In addition to the foregoing, the Contractor shall be liable to defend the Owner and Project Administrator in any lawsuit filed by any subcontractor or materialmen as a result of the building project which is the subject matter of this Contract. General Conditions b. Ile shall have authority to act on behalf of the Owner only to the extent expressly provided in his agreement with the Owner which shall be shown to the Contractor upon request. He shall have authority to stop the work, with concurrence of the Owner, whenever such stoppage may be necessary in his reasonable opinion to insure the proper execution of the Contract. C. Tice Architect shall be in the first instance the interpreter of the conditions of the Contract and the judge of its performance. He shall use his powers under the Contract to enforce its faithful performance by the Contractor. The Architect will review shop drawings and samples. The Architect will prepare Chang4 Orders and will have authority to order minor changes in the Work. The Architect will conduct inspections to determine the dates of substantial completion and final completion, will receive and review written guarantees and related documents required by the Contract and assembled by the Contractor, and will issue a final Certificate for Payment. d. In case of the termination of the employment of the Architect, the Owner shall appoint an Architect against whom the Contractor makes no reasonable objection, whose status under the Contract shall be that of the former Architect in al! respects. SECTION 17 - ARCIiITi=S DECISIONS- 1. The Architect's decisions in matters relating to artistic effect will be final if consistent with the intent of the Contract Documents SECTION 18 - EMERGENCIES L In case of an emergency endangering life or threatening the safety of the structure or of adjoining property, the Contractor may, without waiting for specific authorization from the Architect or Owner, act at his own discretion to safeguard life or property. Compensation and time shall be allowed the Contractor for such emergency work, the amount of both to be determined between the Contractor, the Architect, Project Administrator, and the Owner by agreement. 2- The Contractor shall make a full written report of such emergency action to the Architect within five days after the cvcnL SECTION 19 - TIMPORARY OR TRIAL USAGE OF ANY MECI IANICAL DMCES:- 1. Temporary or trial usage by the Owner of mechanical devices, machinery, apparatus, equipment, or other work or materials supplied under this Contract prior to written acceptance by the Architect, shall not be construed as evidence of the Owner's acceptance. SECTION 20 - CONDEMNATION OF WORK 1. The Project Administrator, Owner and /or the Architect shall have the right to condemn and require removal of the following at the Contractor's expense - a. Any portions of the Work done under this Contract which do not meet the requirements of the Contract Documents either in substance or installation. b. Any portions of the Work damaged or rendered unsuitable through installation or resulting from failure to exercise proper protection. SECTION 21 - C 1ANGES IN TILE WORK I- The Project Administrator may, at any time, without notice to the sureties, by written order designated or indicated to be a Change Order, make any change within the general scope of the Contract, including but not limited to changes - a. In the Contract Documents, as defined in Section 2 of the General Conditions, b. In the method or manner of performance of the Work, C. In the Owner- furnished facilities, equipment, materials, or site, or d. Directing acceleration in the performance of the Work. 2. Anyotherwritten order from the Project Administrator or Architect, which in the opinion of the Contractor causes anysuch change, shall be treated as a Change Order under this clause, provided the Contractor gives the Project Administrator and Architect written notice stating the date, circumstances and source of the order, and a statement that the Contractor regards the order as a Change Order- 3. If any Change Order under this Contract causes an increase of decrease in the Contractor's cost of or the time required for the performance of anypart of the work under this Contract, an equitable adjustment shall be made and the Contract modified in writing accordingly, provided however, that no claim for any Change Order under Section 21, Paragraph 2 shall be allowed for any costs incurred more than twenty (20) calendar days before Contractor gives written notice to the Project Administrator as therein required. d, Feld Changes - a- The Architect is authorized to order minor changes during the course of the Work which will not involve extra cost or time and which are consistent with the general intent of the Contract Documents. The price of such minor changes will be mutually agreed between the Architect and the Contractor and recorded on a Feld Change Instruction form. The Contractor will proceed with the changed work forthwith. These minor field changes will subsequentlybe included in a Contract Modification. A. Requests for compensation shall be fully documented with critical path method (CP. \t) schedules and other supporting information. However, CPM documents may not be used to substantiate a claim for compensation unless the CPM has been provided to and approved by the Owner /Project Administrator in writing prior to commencement of work on the Project. SF, ON 24 - DISPUTL'4. L Except as otherwise provided in the Contract Documents, any dispute concerning a question of fact arising under this Contract which is not disposed of by agreement shall be decided by the Owner and Project Administrator, who shall reduce his decision to writing and mail or otherwise furnish a copy thereof to the Contractor. The decision of the Project Administrator, will be final and conclusive unless within thirty days from the date of receipt of such copy, the Contractor mails or otherwise furnishes to the Project Administrator a written appeal. The decision of the Project Administrator shall be final and conclusive so far as the Owner is concerned. 2 Pending final decision of a dispute hereunder, the Contractor shall proceed diligently with the performance of the Contract and in accordance with the above decision. Si MON TS - CORRECnON dt WARRAN17Y OF WORK L The Contractor shall promptly correct any work that fails to conform to the requirements of the Contract Documents where such failure to conform appears during the progress of the Work, and shall remedy any defects due to faulty materials, equipment, or workmanship which appear within a period of one year from the Date of Substantial Completion of the Contract or within such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents. The Contractor shall pay all costs of correcting faulty work, including additional Architect's fees when incurred. S=ON 26 - OWNER'S RIGHT TO DO WORK L If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents or fails to perform any provision of the Contract, the Owner /Project Administrator may, seven days after providing written notice to the Contractor and without prejudice to any other remedy he may have, make good such deficiencies. In such case, an appropriate Change Order will be issued deducting from the payments then or thereafter due the Contractor the cost of correcting such deficiencies including the cost of the Architect's additional services made necessary by such default, neglect, or failure. The Architect must concur with both such action and the amount charged to the Contractor. If the payments then or thereafter due the Contractor arc not sufficient to cover such amount, Contractor shall pay the difference to the Project Administrator. SEC'nON 27 - CONTRACTOR'S APPLICATION FOR PAYMEMP L The Contractor shall submit to the Architect and Project Administrator for their approval and transmittal of original copy to the Owner, an Application for Payment based on the estimated value of the Work completed and materials on the site as of that date. Such estimate shall be based on the schedule of values submitted by the Contractor. The Contractor warrants and guarantees that title to all Work, materials, and equipment covered by an Application for Payment, whether incorporated in the Project or not, will pass to the Owner upon the receipt of such payment by the Contractor, free and clear of all liens, claims, security interests, or encumbrances and that no work, materials, or equipment covered by an Application for Payment will have been acquired by the Contractor or by any other person performing the work at the site or furnishing materials and equipment for the Project, subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person. SEC17ON 29 - PAYMEMIS TO CONTRACTOR- ' L On proper certification byArchitect, based on Contractor's monthly application for payment, Project Administrator will within fifteen (15) days after receipt of said certification pay to Contractor by placing in the United States Mail a sum equal to 90% of amount requested, less previous payment thereon. a. However, Project Administrator at his sole option may, at any time after fifty percent (50 %) of the Work has been completed make any of remaining progress payments in full. 2. Upon payment of each monthly estimate by Project Administrator, Contractor shall pay to each subcontractor amount allowed to Contractor on account of subcontractor's work to extent of subcontractor's interest therein. 3. The Contractor's monthly estimate which shall show the amount paid for under the subcontract shall be available in the Architect's office for examination by the subcontractors. Full and final payment of the Contract sum shall be made within thirty (30) days of the completion of all of the following requirements - a. The Architect's written declaration to the Project Administrator that the Work is complete, , b. Payment of all labor and material bills, and receipt of all final lien waivers and /or releases of lien from all subcontractors, materialmcn, mechanics, and suppliers, and /or an affidavit, if required, and C. 'nc Project Administrator's acceptance of the Project in writing. 7 General Conditions 12. Contractor shall be solely responsible for initiating and supervising all safety programs including, but not limited to - a. All persons on the site including the general public, b. All conditions specified in Division 01, and c- All conditions required by codes and /or governmental regulations including OSHA. SECTION 31 - OWNERS RIGHT TO TERMINATE CONTRACT: 1. Contractor shall give Project Administrator at least 20 day's written notice before filing any petition for bankruptcy. In the event that Contractor files any petition, without first giving the above required notice, this shall constitute a material breach of the Contract; and this Contract will automatically become null and void without any further action on the part of either party, as of the time the intent to rite the petition was formed. 2. Should the Contractor make a general assignment for the benefit of his creditors, or if he should persistently or repeatedly refuse or fail, except in cases for which extension of time is granted, to apply enough properly - skilled workmen or proper materials to properly prosecute the Work, or if he should fail to make prompt payment to the subcontractors or matcrialmen for accepted material or labor, or persistently disregard laws, ordinances, or instructions of the Architect and the Project Administrator, or otherwise be guilty of substantial violation of any provision of the Contract, then the Owner may, without any prejudice to any other right or remedy and after giving the Contractor five (5) day's written notice, terminate employment of the Contractor and take possession of the premises and all materials, tools, and appliances thereon, and finish the Work by whatever method the Owner deems expedient. In such case, the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract price exceeds the expense of finishing the Work, including compensation for additional administrative services, such excess shall be paid to the Contractor. If such expense shall exceed the unpaid balance, the Contractor shall pay the difference to the Project Administrator. SECTION 32 - CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT: 1. If the Work should be stopped under an order of any court, or other public authority for a period of thirty (30) days, or if the Architect should fail without proper cause to issue a Certification of Payment within twenty-one (21) days of the request for such Certification, or the Project Administrator shall fail to pay such Certification within twenty -one (21) days of its issuance, then the Contractor may, on seven ('n days written notice to the Project Administrator and the Architect, terminate this Contract and recover from the Owner the percentage of the Contract price represented by the Work completed as of the date of termination together with any loss sustained on plant and materials which can be established. SECTION 33 - SEPARATE CONTRACTS: 1. The Owner reserves the right to award other contracts in connection with other portions of the Project under these or similar Conditions of the Contract. 2. When separate contracts are awarded for different portions of the Project, 'the Contractor' in the Contract Documents in each case shall be the contractor who signs each separate contract. 3. Ile Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and equipment and the execution of their work, and shall properly connect and coordinate his Work with theirs. 4. If any part of the Contractor's Work depends for proper execution or results upon the work of any other separate contractor, the Contractor shall inspect and promptly report to the Architect any apparent discrepancies or defects in such work that render it unsuitable for such proper execution and results. Failure of the Contractor so to inspect and report shall constitute an acceptance of the work of the other contractor as fit and proper to receive his work, except as to defects which may develop in the other separate contractor's work after the execution of the Contractor's Work. 5. Should the Contractor cause damage to the work or property of any separate contractor on the Project, the Contractor shall, upon due notice, settle with such other contractor by agreement if he will so settle. SECTION 34 - ASSIGNMEtM. 1. Contractor shall not assign or sublet this Contract or any part thereof or any monies due him thereunder without prior written consent of the Architect and Project Administrator. General Conditions SUPPLEMENTARY CONPT''TOI`TS ITEM 1 - COMMENCEMENT, PRESECUTION, & COMPLETION OF WORK: 1. Construction may commence executing sub - contractor agreements and securing material for the project after receipt of Contract with Owner's and Contractor's authorized signatures & Notice to Proceed. Contractor shall be required to commence work promptly after receipt of Notice to Proceed from the Project Administrator unless the time of commencement has been previously agreed to by the Project Administrator and the Contractor. 2. Contractor shall prosecute the Work diligently so as to complete it within the time limit allowed in the Contract Documents. 3. The time limit for completion of this Work shall be per the time limit stated in the Contract & Notice to Proceed regardless of the time of commencement. ITEM 2 - LIQUIDATED DAMAGES: 1. The amount agreed upon and established as liquidated damages is $100.00 per working day beyond completion day as stated in the Notice to Proceed.. 2. Contractor forfeit bid security as liquidated damages for failure to enter into contract within 30 days of Notice of Award. ITEM 3. - HUD CONSTRUCTION CONTRACT PROVISIONS: 1. Documents - a. Contractor's & Sub - Contractor's Certification Concerning Labor Standards & Prevailing Wage Requirements. b. Certification of Bidder & Proposed Sub - Contractor's Regarding Equal Employment Opporturity. c. Section 3 Clause Form. d. Contract Compliance Qualifying Report for Construction Contractors. e. Affirmative Action Policy for Contractors. L Items a -e are required to be submitted by Contractor and Sub - contractors prior to Notice to Proceed. 2. Labor Standards and Provisions (Davis -Bacon Act). 3. Equal Employment Regulations. 4. U.S. Department of Housing & Urban Development Standards of Conduit. END OF SUPPLEMENTARY CONDITIONS i LABOR STANDARDS AHD P.R0VISI0XS Is '. Contractetermination; debarment A breach of the contract clauses in CFR 5.5 may be grounds for termination of the contract and for.debar- nt as a contractor and a subcontractor as provided in 29 CFR 5.12- 3. Compliance with Davis -Bacon and Related Act Requirements. All rul- Is and interpretations of the Davis -Bacon and Related Acts contained in CFR Paris 1.3. and 5 are herein incorporated by reference in this ntract 3. Disputes concerning labor slandards. Disputes arising out of the labor ndards provisions of ibis contract shall not be subject to the general putes clause of this contract Such disputes shall be resolved in accor- nce with the procedures of the Department of Labor set forth in 29 CFR rts 5. 6. and 7. Disputes within the meaning of this clause include dis- tes between the contractor (or any of its subcontractors) and HUD or its signee,the U_:L Department of Labor, or the employees or their )resentatives ItL 0 Certification of Eligibility. By entering into this contract the con- dor certifies that neither it (nor he or she) nor any person or firm who s an interest in the contractors firm is a person or firm ineligible to be arded Government contracts by virtue of Section 3(a) of the Davis - con Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or partici- e in HUD programs pursuant to 24 CFR Part 24. i No part of this contract shall be subcontracted to any person or firm ligible for award of a Government contract by virtue of Section 3(a) of Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts )articipate in HUD programs pursuant to 24 CFR Part 24. fsii) The penalty for making false statements is prescribed in the U.S. 'ninal Code, 18 U.S.C. 1001. Additionally, U.S. Crimnat Code, Section 0. Title 18, U.S.C, "Federal Housing Administration transactions ", pro - 2s in part: - Whoever, for the purpose of. ..influencing in any way the on of such Administration.. makes, utters or publishes any statement Wing the sameto be false... shall be fined not more than $5,000 or risoned not more than two years, or both" 1. Complaints, Proceedings, or Testimony by Employees. No laborer or jhanic to whom the wage, salary, or other labor standards provisions of Contract are applicable shalt be discharged or in any other manner :rimiriated against by the Contractor or any subcontractor because such ployee has filed any complaint or instituted or caused to be instituted proceeding or has testified or is about to testify in any proceeding ier or relating to the labor standards applicable under this Contract to employer. 3 Contracl Work Hours and Safety Standards Act As used in this para- Ptt, the terms - laborers" and "mechanics" include watchmen and irds (1) Overtime requirements. No contractor or subcontractor contracting any partof the contract work which may require or involve the employ - nt of laborers or mechanics shall require or permit any such laborer or chanic in any workweek in which he or she is employed on such work Nark' r in excess of forty srs in such workweek unless such laborer or mechanic receives com- pensation at a rate not less than one and one -half times the basic rate of pay for all hours worked in in excess of forty hours in such workweek whichever is greater. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. in addition, such contractor and subcon- tractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be com- puted with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in sub- paragraph (1) of this paragraph, in the sum of S10 for each calendar day on which such individual was required or permitted to work 4TTreeaczf.o;Ot . R► 1— er in excess of the standard workweek of forty hours without pay- ment of the overtime wages required by the clause set forth in subpara- graph (1) of this paragraph. (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an autho- rized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract or any other Federally - assisted con- tract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontrac- tor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or danger- ous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Con- tract Work Hours and Safety Standards Act (Public Law 91 -54.83 Stat 96). (3) The Contractor shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor. The Contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. Title 29 —Labor Subtitle A Office of the Secretary, of Labor PART 3- CONTRACTORS AND SUB- CONTRACTORS ON PUBLIC BUILD- ING OR PUBLIC WORK FINANCED • IN WHOLE OR IN PART BY LOANS OR GRANTS FROM THE UNITED STATES PART 5 -LABOR STANDARDS PROVI- SIONS APPLICABLE TO CONTRACTS COVERING FEDERALLY FINANCED AND ASSISTED CONSTRUCTION PART 3 CONTRACTORS AND SUBCONTRACTORS ON PUBLIC BUILDING OR PUBLIC WORK FINANCED IN WHOLE OR IN PART BY LOANS OR GRANTS FROM THE UNITED STATES SECTION: 3.1 Purpose and scope. 3.2 Definitions. 3:3 Weekly statement with respect to payment of wages. 3.4 Submission of weekly statements and the preservation and inspection of weekly payroll records. 3.5 Payroll deductions permissible without application toor approval of the Secretary of Labor. 3.5 Payroll deductions permissible with the approval of the Secretary of Labor. 3.7 Applications for the approval of the Secretary of Labor. 3.8 Action by the Secretary of Labor upon applications. 3.9 Prohibited payroll deductions. 3.10 Methods of payment of wages.. 3.11 Regulations part of contract. 3.1 Purpose and Scope This part prescribes "anti - kickback" regulations under Section 2 of the Act of June 13, 1934, as amended (40 U.S.C. 276c), popularly known as the Copeland Act. This part applies to any contract which is. subject to Federal wage standa.rds and which is for the construction, prosecution, completion, or repair of public buildings, public works or buildings or works financed in whole or in part by loans or grants from the United States. The part is intended to aid in the enforcement of the minimum wage provisions of the David -Bacon Act and the various statutes dealing with Federally - assisted construction that contain similar minimum wage provisions, including those provisions which are not subject to Reorganization Plan No. 14 (e.g., the College Housing Act of 1950, the Federal Water Pollution Control Act, and the Housing Act of 1959), and in the enforcement of the overtime provisions of the Contract Work Hours Standards Act whenever they are applicable to construction work. The part details the obligation of contractors and subcontractors relative to the weekly submission of statements regarding the wages paid on work covered thereby; sets forth the circumstances and procedures governing the making of payroll deductions from the wages of those employed on such work; and delineates the methods of Payment permissible on such work. (e) Every person paid by a contractor or subcontractor in any manner for his labor in the construction, prosecution, completion, or repair of a public building or public work -or building or work financed in whole „or in part by loans or grants from the, United States is employed and receiving "wages ", regardless of any contractual relationship alleged to exist between him and the real employer. (f) The term "any affiliated person" includes a spouse, child, parent, or other close relative' of the contractor or subcontractor; a partner or officer of the contractor or subcontractor; a corporation closely connected with the contractor or subcontractor as parent, subsidiary, or otherwise, and an officer or agent of such corporation. (g) The term "Federal agency" means the United States, the District of Columbia, and all executive departments, independent establishments, administrative agencies, and instrumentalities of the United States and of the District'of Columbia,' including corporations, all or substantially all of the stock of which is beneficially owned by the United States, by the District of Columbia, or any of the foregoing depart- ments. establishments, agencies, and instrumentalities. 3.3 Weekly Statement with respect to payment of wages. (a) As used in this section, the term "employee" shall not apply to persons in classifications higher than that of laborer or mechanic and those who "are the immediate supervisors of such employees. (b)(1) Each contractor or subcontractor en.gaged in the construction, prosecution, completion, or repair of any public building or public work, or building or work financed in whole or in part by loans or grants from the United States, shall furnish each week a statement with respect to the wages paid each of its employees engaged on work covered by 29 CFR Parts 3 and 5. during the preceding weekly payroll period. ' (2) Each "Statement of Compliance" shall be signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify.the following: M That the payroll period contains the information required to be maintained under 5.5(a)(3)(i) of this Chapter. 29 CFR Part 5 and that such information is correct and complete; and mechanic, his correct and weekly number of hours wages paid. Such payroll all times for inspection authorized representative, the Department of Labor. classification, rate of pay, daily worked, deductions made.:and actual records shall be made available at by the contracting officer or his and by authorized representatives of 3.5 Payroll Deductions Permissible Without Application to or Approval of the Secretary of Labor (a) • Any deduction made in compliance with the requirements of Federal, State, or local law, such as Federal or State withholding income taxes and Federal social security takes. (b) Any. deduction of sums previously paid to the employee as a bona fide pre- payment of wages when such prepay- ment is made without discount or interest. A "bona fide pre- payment of wages" is considered to have been made only when cash or its equivalent has been advanced to the person employed in such manner as to give him complete freedom of disposition of the advanced funds. (c) Any deduction of amounts required by court process t.o,be-paid to another, unless, the deduction is in fav- or of the contractor, subcontractor, or any affiliated- person, or-when-collusion or collaboration exists. (d) Any deduction constituting a contribution on behalf of the person employed to funds established by the employer or representatives of employees, or both, for the purpose of providing either from principal or income, or both, medical or hospital care, pensions or annuities on retirement, death benefits, compensation for injuries, illness, accidents, sickness, or disability, or for insurance to provide any of the foregoing, or unemployment benefits, vacation pay, savings accounts, or similar payments for the benefit of employees, their families and dependents: Provided, however, That the following standards are met: (1) The deduction is not otherwise prohibitedby law; (2) It is either: (1) Voluntary consented to by the employee in writing and in advance of the period in' which the work is to be done and such consent is not a condition either for the obtaining of or for the continuation of employment, or (ii) provided for in a bona fide collective bargaining agreement between the contractor or subcontractor and representatives of its employees; is purchased from a third person, and if the deduction is either (1) voluntarily consented to by the employee in Writing and in advance of the period in which the work is to be done and such consent is not a condition either for the obtaining of employment or its continuance; or (2) provided for in a bona fide collective bargaining agreement between the contractor or subcontractor and representatives of its employees. [29 F.R. 97, Jan. 4, 1964, as amended at 36 F.R. 9770, May ?8,1971] 3.6 Payroll Oeducti.on Permissible with the Approval of the Secretary of Labor Any contractor or subcontractor may apply to the Secretary of Labor for permission to .make any deduction not permitted under 3.5. The Secretary may grant permission whenever he finds that: (a) The contractor, subcontractor, or any affiliated person does not make a profit or benefit directly or indirectly from the deduction either in the form of a commission, dividend, or otherwise; (b) The The deduction is not otherwise prohibited by 7 aw; (c) The deduction is either (1) voluntarily consented Yo by the employee in writing and in advance of, the period in which the work is to be done and. such consent is not a - condition either for the obtaining of employment or its continuance, or (2) provided for in a bona fide collective bargaining agreement .between the contractor or subcontractor and representatives of-its employees; and (d) The deduction serves the convenience and interest of the employee. 3.7 Applications for the Approval of the Secretary of-Labor Any application for the making of payroll deductions under 3.6 shall comply with the requirements prescribed in the following paragraphs of this section: (a) The application shall be in writing and shall be addressed to the Secretary of Labor. (b) The application need not identify the contract or contracts under which the work in question is to be performed. Permission will be given for deductions on all current and future contracts of the applicant for a period of 1 year. A re- PART 5 LABOR STANDARDS PROVISIONS APPLICABLE TO CONTRACTS COVERING FEDERALLY FINANCED AND ASSISTED CONSTRUCTION (ALSO LABOR STANDARDS PROVISIONS APPLICABLE TO NONCONSTRUCTION CONTRACTS SUBJECT TO THE CONTRACT. WORK HOURS AND SAFETY STANDARDS ACT) Subpart A - Davis-Bacon and Related' Acts Provisions and Procedures SECTION: 5.1 Purpose and scope 5.2 Definitions 5.3 [Reserved] 5.4 [Reserved] 5.5 Contract provisions and related matters 5.6 Enforcement 5.7 Reports to the Secretary of Labor 5.8 Liquidated damages under the Contract Mork Hours and Safety Standards Act 5.9 Suspension of funds 5.10 Restitution, criminal action 3.11 Disputes-concerning payment of wages. 5.12 Debarment proceedings 5.13 Rulings and interpretations 5.14 Variations, tolerances, and exemptions from Parts 1 and - 3 of this subtitle and this part 5:15 Limitations. variations, tolerances, and exemptions under the Contract Work Hours and Safety Standards Act 5.16 Training plans approved or recognized by the Department of Labor prior to August 20, 1975. 5.17 Withdrawal of approval of a training program Subpart B - Interpretation of the Fringe Benefits Provisions of the Davis -Bacon Act SECTION: 3.20 Scope and significance of this subpart 3.21 [Reserved] 5.22 Effect of the Davis -Bacon fringe benefits provisions 5.23 The'statutory provisions 5.24 The basic hourly rate of pay 5.25 Rate of contribution or cost for fringe benefits 5.26 "... contribution irrevocably made ... to a trustee or to a third person% 5.27 fund, plan, or program ". 11. Elementary and Secondary Education Act of 1965 as amended by' Elementary and Secondary and other Education Amendments of 1969 [Section 423 as added by Pub.* L. 91 -230, 1 title IV- Section 401(a)(10), 84 Stat. 169, and renumbered Section 433, by Pub. L. 92 -318; title III Section 301(a)(1), 86 Stat. 326; 20 U.S.C. 1232(b)]. Under the amendment coverage is extended to all programs administered by the Commissioner of Education. . 12.• The Federal -Aid Highway Acts [72 Stat. 895, as amended by 82 'Stat. 821; 23 U.S.C. 113,. as amended by the Surface Transportation. Assistance Act of 1982. .Pub. L. 97 -4241. 13. Indian Self-Determination and Education nssls-,ance Act [Section 7, 88 Stat. 2205; 25 U.S.C. 450e]. ? 4. :;;tc i ar: Ica i to Care Improvement Act [Section 9u Stat. 1407; 25 U.S.C. 1633(b)3. : : tati o , Ac of +973 [ Sec zi on v£ '::; 67 ::. 25 L.S. -C. 776'D) (5)r .. S • Act ve -mp : cyma;, t and . r i : T:r, r,., ► ^^ '7 S� 5 °0 renuT.Serec sacs i cr. 706 cy o7 57. Sec i... Lv6. :.b t. , SS Std:.. :c45; 29 .;.S.C. 7Z a:so Section 604, fib Stat. Soo; 29 L.S.C. yo-:(o:\5 _? 23 . S :.ate a _rc S 'cca -i sca i As: i st:.r.ce r c : 1;72 iSe;.:.;:,c :ia)( ), 5 :.at. 933; 3: u.S.C. :2-45(a) tz, 'eder�: Xater ol:.:t:or Cc::.rG. - h:.t ^t=- ""3 Sari or 2 86 Stat 694• "3 U.S.C. :372: _r . i'2ICr:..'.5 iu:'Si: y vG. ^e Ac t of 19. 4 L7S SZat. 532. as z. andec; 3S 'U.S.C. 5035(a) {o);. N. ?esta l� Reorganization Act SEC Z- on c4 Stat. 726 as amended= 39 U.S.C. 4:0(b)(4i:Cl]. t��i- •�t:.., 2: Nzzi ona i Visitors Center Faci 1 i t: es Act olf 1956 isec. 110, 32 Stat. 45; 40.U.S.C. BCS '). 22. Appalac ^Ian Regional Development Act or 2.965 isec. 402, 79 Stat. 21; 40 U.S.C. App. 492,00 23. Health Services Research, wealth Statistics, and Medical Libraries Act of 1974 :sec. 107, see sec. 308(h)(2) thereof, 88 Stat. 370 as amended by 90 Stet. 378; 42 U.S.C. 242m(h)(2)3. 24. Hospital Survey and Construction Act, as amended -by the Hospital and Medical Facilities Amendments Of 1964 [sec. 605'(a)(5), 78 Stat. 453? 42 U.S.C. 291e(a)(5);6 39. Housing and Urban Development Act of 1965 [sec. 701, 79 Stat. 492 as amended; 42 U.S.C. 31013 , 40. Older Americans Act of 1965 [sec. 502. Pub. L. 89 -73, as amended by sec. 501, Pub. L. 93 -29; 87 Stat. 50; 42 U.S.C. 304la( 41. Public Works and Economic Development Act of 1965 [sec. 712; 79 Stat. 575 as amended; 42 U.S.C. 32223. 42. Juvenile Delinquency Prevention Act [sec. 1. 86 Stat. 536; 42 U.S.C. 38843. 43. New Communities Act of 1968 [sec. 410, 82 Stat. 516; 42 U.S.C. 39093. 44. Urban Growth and Hew Community Development Act of 1970 [sec. 727(f). 84 Stat. 1803; 42 U.S.C. 45293. 45. Domestic Volunteer Service Act of 1973 [sec. 406, 87 Stat. 410; 42 U.S.C. 50463. 46. Housing and Community Development Act of 1974 Isecs. 110 802(9). 88 Stat.649, 724; 42 U.S.C: 53109 1440(9)3• 47. Developmentally Disabled Assistance and Sill of Rights Act [sec.: 126(4)9 89 Stat. 488; 42 U.S.C. 6042(4); - title I. sec. 111. 89 Stat. 491; 42 U.S.C. 6063(b)(19)]. ' 48. National Energy Conservation Policy Act Lsec. 312, 92 Stat. 3254; 42 U.S.C. 6371j]. 49. Public Works Employment Act of 1976 [sec. 109, 90 Stat. 1001; 42 U.S.C. 6708; also sec. 208, 90 Stat. 1008; 42 U.S.C. 67283. 50. Energy Conservation and Production Act Lsec: 451(h), 90 Stat. 1168; 42 U.S.C. 6881(h)3. .51. Solid Waste Disposal Act [sec. 29 90 Stat. 2823; 42 U.S.C. 69793. 52. ' Rail Passenger Service Act of 1970 [sec. 405d, 84 S.tat. 1337; 45 U.S.C. 565(d)3. Si. Urban Mass Transportation Act of 1964 [sec. 10, 78 Stat: 307; renumbered sec. 13 by 88 Stat. 715; 49 U.S.C. 16093. 54. Highway Speed, Ground Transportation Study [sec. 6(b), 79 Stat. 893; 49 U.S.C. 1636(b)3• representative who is designated and 'authorized to enter into contracts on behalf of th l a9 e (f) The term „ labor standards” as used in this part means the requirements of the Davis-Bacon Act, the Contract Work Hours and Safety Standards Act (other than those relating to safety and health), the Copeland Act, and the prevailing wage provisions of the other statutes listed in 5.1, and the regulations in Parts 1 and 3 of this subtitle and this part. (g) Th'e -term "United States or the District of Columbia means the United States, the District of Columbia, and all executive departments, independent establishments, administrative. agencies, and instrumentalities of the United States and of the District of Columbia, including corporations, all or substantially all of the stock of which is beneficially owned by the United States, by 'the foregoing departments, establishments, agencies, instrumentalities, and including non - appropriated fund instrumentalities. (h) The term "contract" means any prime contract which is subject wholly or in part to the labor standards provisions of any of the acts listed in 5.1 and any subcontract of any tier thereunder, let under the prime contract. A State or local Government is not regarded as a contractor under statutes providing loans, grants, or other Federal assistance in situations where construction is performed by its own employees. However, under statutes req-uiring payment of prevailing wages to all laborers and mechanics employed on the assisted project, such as the U.S. Housing Act of 1937, State and local recipients of Federal -aid must pay these employees according to Davis -Bacon labor standards. (i) The terms "building" or 'work" generally include construction activity as distinguished from manufacturing., furnishing of materials, or- servicing and maintenance work. The terms include without limitation, buildings, structures, and improvements of all types, such as bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power'lines, pumping stations, heavy generators, railways, air- ports, terminals, docks, piers, wharves. ways. lighthouses, buoys, jettiese breakwaters, levees, canals, dredging, shoring, rehabilitation and reactivation of plants. scaffolding, drilling, blasting, excavating, clearing, and landscaping. The manufacture. or furni s-hi ng of materials. articles, supplies or equipment (whether or not a Federal or State agency acquires 'title to such materials, articles, supplies. or equipment during the course of the manufacture or furnishing or owns the materials from which they are manufactured or furnished) is not a "building" or "work" within the meaning of the regulations in this part unless conducted in connection with and at the site of such a building or work as is described in the foregoing sentence, or under the United States Housing Act of 1937 and the Housine .Act of ICAO 49% +tie AavalnnmP_nt of of a commercial supplier or materialman which are established by a supplier of materials for the project before. opening of bids and not on the project site, are not included in the "site of the work ". Such permanent, previously established facilities are not a part of the "site of the work ", even where the operations for a period of time may be dedicated exclusive- ly, or nearly so, to the performance of a contract. (m) The term "laborer" or "mechanic" includes at least those workers whose duties are manual or physical in nature (including those workers who use tools or• who are performing the work of a trade), as distinguished from mental or managerial. The term "laborer" or "mechanic" includes Apprentices. trainees, helpers, and, in the case of contracts subject to the Contract Work Hours and Safety Standards Act, watchmen or guards. The term does not apply to workers whose duties are primarily administrative, executive, or clerical, rather than manual. Persons employed in a bona fide'�execu- tive, administrative, or professional capacity as defined in Part $41 of this title are not deemed to be laborers or mechanics. Working .foremen who devote more than 20 percent of their time during a workweek to mechanic or laborer.duties, and who do not meet the criteria of Part 541, are laborers and mechanics for the time so spent. fo7 l ows: (n) The terms apprentice and trainee are defined as (1) "Apprentice" means (i) a person employed and individually registered in a bona fide apprenticeship pro- gram registered with the U.S. Department of Labor, Employment and. Training Administration. Bureau of Apprenticeship 'and Training. or with a State Apprenticeship Agency recognized by the Bureau. or (ii) a* person in the first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to-be eligible for probationary employment as an-apprentice; (2) "Trainee" means' I person registered and receiving on- the -job training in a construction occupation under a program which has been approved in advance by the U.S. Department of Labor. Employment and-Training Administration, as meeting its standards for on- the -job training programs and which has been so certified by that Administration. " (3) These provisions do not apply to apprentices" and."rrainees" employed on projects subject to 23 by pledge of any contract of a Federal agency to make a loan, grant or annual contribution (except where a different meaning ,. is expressly indicated), and which is subject to the labor -: standards provisions of any of the acts listed in 5.1, the following clauses (or any modifications thereof to meet the particular needs -of the. agency, provided, that such modifica- tions are first approved by the Department of Labor); (1) Minimum wages. (i) : All laborers and necfianics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the - Housing Act of 1949 in the construction or development *of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction orrebate 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 such laborers or mechanics, subject to the provisions of paragraph z (a)(1)(iv) of this section ;'also, regular contributions made or r costs incurred for more than a weekly period (but not less often then quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be construct - ively made or incurred during such weekly period. Such laborers and mechanics shall'be paid the aapproximate wage rate and-fringe benefits on the wage determination for the class- ification of work actually performed, without regard to skill, except as provided in 5.5(a)(4). Laborers or mechanics perform- ing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: provided-, that the employer's payroll records accurately set forth the time spent in each classifica- tion in which work is performed. The wage .determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section and the Davis = Bacon poster (WH -1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers-. (ii )(A) The contracting officer shall require that any class of laborers or mechanics which is not listed in , the wage .determination' and which is to be employed under the contract shall be classified in conformance with the .,Y�� Whenever the minimum gage 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. (iv) 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 reasnably 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. (Approved by the Office of Management and Budget under OMB Control number 1215 - 0140.) (2) Withholding. The (write in name of Federal Agency or the ioan or grant recipient) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same .prime contractor, or any other Federally - assisted contract: subject to Davis-Bacon prevailing' wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay' laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event .of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the (Agency) may, after written notice to the contractor, sponsor, applicant. or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payrolls and basic records: (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 19499 in the roll for the payroll period contains to be maintained under 5.5(a)(3)(i) of 3 and that such information is correct (1) That the pay - the information required Regulations . ;29 CFP. Part and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been apid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified. in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form KN -347 shall satisfy the requirement for. submission of the "Statement of Compliance" required by paragraph (a)(3)(ii)(8) of this section. tion of any of the above y contractor or subcontractor under Section 1001-of Title the United States Code. (D) The falsifica- certifications -may subject the to civil or criminal prosecution 18 and Section 231 of Title 31 of (iii) The contractor or sub- contractor shall make. the records required under paragraph (a)(3)(i) of this section available for inspection. copying, or transcription by authorized representatives of the (write the name of the agency) or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails-to submit the required records or to make them available. the Federal agency may, after written notice to the contractorl sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment. advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 3.12. �a t program which has received prior approval, evidenced by formal the U.S. Department of Labor, Employment certification by -} and Training Administration. The ratio of trainees to journey- men on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administra- tion. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance e -with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corres- ponding 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 who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training pro - gram, the, contractor will -no longer be permitted to utilize ) trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal Employment Opportunity - The utilization of apprentices, trainees and journeymen under %his part shall be in conformity with the equal employment opportunity requirements of Executive Order 112469 as amended, and 29 CFR Part 30. (5) Compliance With Copeland Act Requirements - The contractor shall comply with the requirements of 29 CFR Part -3, which are incorporated by reference in this contract. (6) Subcontracts - The contractor or subcontract- or shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the (write in the name of the Federal agency) may by appropriate instruct - ions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance.by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR S.S. 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 and times the rate of for all hours worked Violation: Liability for Unpaid Wages: Liquidated Damages - In the event of any violation of the clause set forth' in paragraphs (b) (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition; such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $10 for each calendar day on which such individual was required-or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section. (3) Withholding for Unpaid Wages and Liquidated Damages - The (write in the name of the Federal agency or the loan or grant recipient) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally- assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts - The contractor or subcontract- or shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. (c) In addition to the clauses contained in paragraph (b), in any contract subject only to the Contract Work Hours (3) The Federal agency shall cause such investigations to be made as may be necessary 'to assure rr compliance with the labor standards clauses required by 5.5 and the applicable statutes listed in 5.1. Investigations shall be made of all contracts with such frequency as may be necessary to assure compliance. Such investigations shall include interviews with employees, which shall be taken-in confidence, and examinations of payroll data and evidence of registration and certification- with respect to apprenticeship and training p i•ans. In making such examinations, particular care shall be taken-to determine the correctness of classifications and to determine whether there is a disproportionate employment of laborers and of apprentices or trainees registered in approved programs. Such' investigations shall also include evidence of fringe benefit plans and payments thereunder. Complaints of alleged violations shall be given priority. (4) In accordance with normal operating procedures, the contracting agency may be furnished various . investigatory material from the investigation files of ` the Department of Labor. None of the material, other than .c.,gmpu- -_ tations of back wages and liquidated damages and the summary of ; -- back wages due, may be disclosed in any manner to anyone otherle than Federal officials charged with administering the contraEt or program. ;.providing Federal assistance to the contracit; without requestng the permission and views of the Department;; f Labor. t (5) It is the policy of the Department of Labor to protect the identity of its confidential sources and to prevent an unwarranted invasion of personal privacy. Accordingly, the identity of an employee who makes a written or oral statement as a complaigt or in the course .of an investiga- tion, as well as portions of the statement which would reveal the employee's identity, shall not be disclosed in any manner to anyone _other than Federal officials without the prior consent of the employee. Disclosure of employee statements shall be governed by the provisions of the "Freedom of Information Act" (5 U.S.C. 552, see *CFR Part 70) and the "Privacy Act of 1974" (5 U.S.C. 552a). (b) The Administrator shall cause to be made such investigations as deemed necessary, in order to obtain c "ompli- ance with the labor standards provisions of the applicable statutes listed in 5.1, or to affirm or reject the recommenda- tions by the Agency Head with respect to labor standards matters arising under the statutes listed in 5.1. Federal agenciess contractors, subcontractors, sponsors, applicants, or owners shall cooperate with any authorized representative of the Department -of Labor in the inspection of records, in inter- views with workers, and in all other aspects of the investiga- tions. The findings of such an investigation, including amounts found due, may not be altered or reduced without the t4.:' Davis -Bacon Act and its related acts covering the: periods of October 1 through March 31, and April 1 through September 30, respectively. Such reports shall be prepared in the manner prescribed in memoranda issued to Federal agencies by the Administrator. This report has been cleared in accordance with FPMR 101 -11.11 and assigned interagency report control number 14B2-DOL -SA. (c) Additional Information - Upon request, the Agency Head shall transmit to the Administrator such infor- mation available to the Agency with respect to contractors and subcontractors, their contracts, and the nature of the contract work as the. Administrator may find necessary for the performance of his or her duties with respect to the labor standards provisions referred to in this part. (d) Contract Termination - Where a contract is terminated by reason of violations of the labor standards provisions of the statutes listed in 5.1, a report shall *be submitted promptly to the Administrator and to the Comptroller General (if the contract is subject to the Davis -Bacon Act), giving the name and address of the contractor or subcontractor whose right to proceed has been terminated, and the name and address of the contractor or subcontractor, if any, who is to complete the work, the amount and number of the contract, and the description of the work to be performed. 3:B Liquidated Damages Under the Contract Work Hours and Safety Standards Act (a) The Contract Work Hours and Safety Standards Act requires that laborers or mechanics shalt be paid wages at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in any workweek. In the event of violation of this provision, the contractor and any subcontractor shall be liable for the unpaid wages and in addition for liquidated damages, computed with respect to each laborer or mechanic employed in violation of the Act in the amount of $10 for each calendar day in the workweek on which such individual was required or permitted to work in excess of forty hours without payment of required overtime wages. Any contractor or subcontractor aggrieved by the withholding of liquidated damages shall have the right to appeal to the head of the agency of the United States (or the territory of District of Columbia, as appropriate) for which the contract work was performed or for which financial assistance was provided. bi Findings and Recommendations of the Agency Head The Agency Head has the authority to review the administrative determination of liquidated damages and to issue a final order affirming the determination. It is not necessary to seek the concurrence of the Administrators but the Administrator "shall be advised of the action taken. Whenever 5.9 Suspension.of Funds In the event of failure or refusal of the contractor' or any subcontractor to comply with the labor standards clauses contained in 5.5 and the applicable statutes listed in 5.1 the Federal agency, upon its own action or upon written request of an authorized representative of the Department of Labor, shall take such action as may be necessary to cause the suspension of the payment, advance or guarantee of funds: until such time as the violations a're discontinued or until sufficient funds are withheld to •compensate employees for the wages to which they are entitled and to cover any liquidated damages which may be due. 5.10 Restitution, Criminal Action. (a) In cases other than those forwarded to the Attorney General of the United States under paragraph (b), of this section, where violations of the labor standards clauses contained in 5.5 and the applicable statutes listed in 3.1 result in underpayment of wages to employees, the Federal agency or an authorized representative of the Department of Labor shall request that restitution be made to such employees or on their behalf to plans, funds, or programs for any type of bona fide fringe benefits within the meaning of section 1(b)(2) of the Davis -Bacon Act. (b) In cases 'where the Agency Head or the Administrator finds substantial evidence that such violations are willful and in violation of a criminal statute, the matter shall be forwarded to the Attorney General of the United States for prosecution if the facts warrant. In all such cases the Administrator shall be, informed simultaneously of the action taken. 5.11 Disputes Concerning Payment of Wages (a) This section sets forth the procedure for resolution of disputes of fact or law concerning payment of prevailing wage rates, overtime pay. or proper classification. The procedures in this section may be initiated upon the Administrator's own motion, upon referral of the dispute by a Federal agency pursuant to 5.5(x)(9), or upon request of the contractor or subcontractor(s). (b) (1) In the event of a dispute described in paragraph (a) of this section in which it appears that relevant facts are at issue, the Administrator will notify the affected contractor. and subcontractor (s) (if any), by registered or certified mail to the last known address, of the investigation (c) Any person or firm debarred under. 5.12(a)(1) may in writing request removal from the debarment list after six months from the date of publication by the Comptroller General of such person or firm's name on the ineligible list. Such a request should be directed to the Administrator of the 'Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210, and shall contain a full- explanation of the reasons why such person or firm should be removed from the ineligible list. In cases where the contractor or subcontractor failed to make full restitution to all underpaid employees a request for removal will not be considered until such underpayments are made. In all other .cases, the Administrator will examine the facts and circumstances surrounding the violative practices which caused the debarment, and issue a decision as to whether or not such person or firm has demonstrated a current responsibility to comply with the labor standards provisions of the statutes listed in 5.1, and therefore should be removed from the ineligible list. Among the factors to be considered -in reaching such a decision are the severity of the violations, the contractor or subcontractor's attitude towards compliance, and the past compliance history of the firm. In no case will such removal be effected unless the Administrator determines after an investigation that such person or firm is in compliance with the labor standards provisions applicable to Federal contracts and Federally assisted construction work_ subject to any, of the applicable statutes listed in 5.1 and other labor statutes providing wage protection, such as the Service contract Ac.t, the Walsh- Healey Public Contracts Act, and the Fair. Labor Standards Act. If the request for removal,is denied, the person or firm may petition for review by the Wage Appeals Board pursuant to 20 CFR Part 7. (d)(1) Section 3(a) of the Davis -Bacon Act provides 'that for a period of three years from date of publication on the ineligible list, no contract shall be awarded to any persons or firms placed on the list as a result'of a finding by the Comptroller General that such persons or firms have disregarded obligations to employees and subcontractors under that Act-, and further, that no contract shall be awarded to "any firm, corporation, partnership, or association in which such persons or firms have an interest ". Paragraph (a)(1) of "this section similarly provides that for a period not to exceed three years from date of publication on the ineligible list, no contract subject to any of the statutes listed in 5.1 shall be awarded to any contractor or subcontractor on the ineligible list pursuant to that paragraph, or to "any firm, corporation, partnership, or association" in which such contractor or (3) If the contractor and /or subcontractor(s) desire review of the ruling issued by the Administrator under paragraph (c)(1) or (2) or this section, the contractor and /or subcontractors) shall file a petition for review thereof with the Wage Appeals Board within 30 days of the date of the ruling, with a copy thereof the Administrator. The petition for review shall be filed in accordance with Part 7 of this title. (d) If a timely response to the Administrator's findings or "ruling is not made nor a timely petition for review is not filed, the Administrato s findings and /or ruling shall be final, except that with respect to debarment under the -Davis-Bacon Act, the Administrator shall advise the Comptroller General of the Administrator's, recommendation in accordance with 5.12(a)(1). If a timely response or petition for review is filed, the findings and /or ruling of the Administrator shall be inoperative unless and until the decision is upheld by the Administrative Law Judge or the Wage Appeals Board. 5.12. Debarment Proceedings. (a)(1) Whenever any contractor or subcontractor is found by the Secretary of Labor to be in aggrevated or willful violation of the labor standards provisions of any of the applicable statutes listed in 5.1- other than the Davis -Bacon Act, such contractor or subcontractor or any firm, corporation, 'partnership, or association in which such contractor or sub- contractor has a substantial interest shall be ineligible for a - period not to exceed 3 years (from the date of publication by the Comptroller General of the name or names of said contractor or subcontractor on the ineligible list as provided below) to receive any contracts or subcontracts subject to any of the statutes listed in 5.1. (2) In cases arising under contracts covered by the Davis -Bacon Act, the Administrator shall transmit to the Comptroller General the names of the contractors or subcontractors and their responsible officers, if any (and any firms in which the contractors or subcontractors are known to have an interest), who have been found to have disregarded their obligations to employees, and the recommendation of the Secretary of Labor or authorized representative regarding debarment. The Comptroller General will distribute a list to all Federal agencies giving the names of such ineligible person or firms, who shall be ineligible to be awarded any contract or subcontract of the United States or the District of Columbia and any contract or subcontract subject to the labor standards provisions of the statutes listed in 5.1. interest (or substantial interest, as appropriate)•: (3)(i) A request *for a determination of interest (or substantial including as contractors eor prospective by any interested Party, contractors and associations Government aagencieseprSuchtatr.equest employees, and interested shall be submitted in 7 owmentng Standards Administrator. Administration, ge Ua Sa }lour Division, Employment . Department of Labor; Washington, D.C. 20210. (i) The request shall include a believes statement setting forth in detail why the petiti the debarred that a person or firm whose name appears on bidders list has an interest (or a substantial interest, as any firm, corporation, partnership, or appropriate) in is seeking association which or has been awarded a contract of the United States or the district of Columbia, or which is subject to any of the statutes listed in 5.1. No particular form is prescribed for the submission of a request under this section. (4) Referral to the Chief Administrative Law Judge. - The Administrator, on his /her own motion under para- graph (d)(2)(ii) of this section or upon a request for hearing where the Administrator determines that relevant facts are in dispute, will by order• refer the issue to the Chief Administrative Law Judge, for designation of an Administrative Law Judge who shall conduct such hearings as may be necessary to render a decision solely on the issue of interest (or substantial interest, as appropriate). Such proceedings shall be conducted in accordance with the procedures set forth at 29 CFR Part 6. (5) Referral to the Wage Appeals Board. - If the person or firm affected requests a hearing and the Administrator determines that relevant facts are not in dispute, the Administrator will refer the. issue and the record compiled thereon to the wage Appeals Board to render a decision solely on the issue of interest (or substantial interest, as appropriate). Such proceedings shall be conducted in accordance with the procedures set forth at 29 CFR Part 7. 3.13 Rulings and Interpretations. All questions relating to the application and interpretation of wage determinations (including the classi- fications therein) issued pursuant to Part 1 of this subtitle, of the rules contained in this part and in Parts 1 and 3, and be included all property and services which would properly be grouped together in a single transaction and which would be included in a single advertisement for bids if the procurement were being effected by formal advertising. (3) Contract work performed in a workplace within• a foreign country or within territory under the jurisdiction of the United States other than -the following: A State of the United States; the District of Columbia; Puerto Rico; the Virgin Islands; Outer Continental Shelf lands defined in the Outer Continental Shelf Lands Act (ch. 345. 67 Stat. 462); American Samoa; Guam; Wake Island; Eniwetok Atoll; Kwajalein Atoll; and Johnston Island. (4) Agreements entered into by or on behalf of the Commodity Credit Corporation providing for the storing in or handling by commerical warehouses of wheat, corn, oats, barley, rye. grain sorghums. soybeans, flaxseed, rice, naval stores, tobacco,.peanuts. dry beans, seeds, cotton, and wool. (5) Sales of surplus power by the Tennessee Valley Authority to States, counties, municipalities, cooperative organization of citizens or farmers, corporations and other individuals pursuant to section 10 of the Tennessee Valley Authority Act of 1933 (16 U.S.C. 8311). (c)' Tolerances. (1) The "basic-rate of pay" under section 102 of the Contract Work Hours and Safety Standards Act may be computed as an hourly equivalent to the rate on which time -and- one -half overtime compensation may be computed and paid- under section 7 of the Fair Labor Standards Act of 1938= as amended (29 U.S.C. 207). as interpreted in.Part 778 of this title. This tolerance is found to be necessary and proper in the public interest in order to prevent undue hardship. (2) Concerning the tolerance provided in paragraph (c)(1) of this section. the provisions of section 7(d)(2) of the Fair labor Standards Act and 778.7 of this title s"ould be noted. Under these provisions, payments for occasional periods when no work is performed, due to vacations, and similar causes are excludable from the "regular rate "under the Fair Labor Standards Act. Such payments, therefore, are also excludable from the "basic rate" under the Contract Work Hours and Safety Standards Act. (3) See 5.8(c) providing a tolerance subdelegati-ng 'authority to the heads of agencies to make appropriate adjustments in the assessment of liquidated damages totaling $500 or less under specified circumstances. . (3) Any contractor or subcontractor perform- ing an a government contract the principal purpose of which is ,the -furnishing of fire fighting or suppression and related services, shall not be deemed to be in violation of Section 102 of the Contract Work Hours and Safety Standards Act for failing to pay the overtime compensation required by Section 102 of the Act in accordance with the basic rate of pay as defined in paragraph (c)(1) of this section, to any pilot or copilot of a fixed-wing or rotary-wing aircraft employed on such contract M Pursuant to a written employment agreement between the contractor and the employee which is arrived at before performance of the work. (A) The employee receives gross wages of not less than $300 per week regardless of the total number of hours worked in any workweek, and (B) Within any workweek the total wages which an. employee receives are not less than the wages to which the employee would have been entitled in that workweek if the employee were paid the minimum hourly wage required under the contract pursuant to the provisions of the Service Contract Act of 1965 and any applicable wage determin- ation issued thereunder for all hours worked, plus an additional premium payment of one-half times such •minimum hourly wage for all hours worked in excess of 40 hours in the workweek; _ (ii) The contractor - maintains accurate records of the total daily and weekly hours of work performed by such employee on the government contract. In the event these conditions for the exemption are not met, the re- quirements of section 102 of the Contract Mork Hours and Safety Standards Act shall be applicable to the contract from the date the contractor or subcontractor fails to satisfy the conditions until completion of the contract. (Approved by the Office of Management and Budget under OMB control number 1215 - 0017.) 3.16 Training Plans Approved or Recognized by the Department of Labor Prior to August 20, 1975. , (a) Notwithstanding the provisions of 5.5(a)(4)(ii) relating to the utilization of trainees on Federal and federally assisted construction, no contractor shall be required to obtain approval of a training program which, prior to August 20, 1975, was approved by the Department of Labor for purposes of the Davis -Bacon and Related Acts., was established SUBPART B - INTERPRETATION OF THE FRINGE BENEFITS PROVISIONS OF THE DAVIS -BACON ACT l-' 3.20 Scope and Significance of This Subpart. The 1964 amendments (Pub. L. 88 -349) to the Davis -Bacon Act require, among other things, that the prevailing wage determined for Federal and federally- assisted construction include: (a,) the basic hourly rate of pay; and (b) the amount zontributed by the contractor or subcontractor for certain fringe benefits (or the cost to them of such benefits). The purpose of this subpart is to explain the provisions of these amendments. This subpart makes available in one place official interpretations of the fringe benefits provisions of the Davis -Bacon Act: These interpretations will guide the Department of Labor in carrying out its responsibilities under 'these provisions. These interpretations are intended also for the guidance of contractors, their associations, laborers and mechanics and their organizations, and local State and Federal agencies, who may be concerned with these provisions of the law.- The interpretations contained in this subpart are author- itative and may be relied upon as provided for in section 10 of the Portal -to- Portal Act of 1947 (29 U.S.C. 359). The omission 'to discuss a particular problem in this subpart or *in inter- pretations supplementing it should not be taken to indicate the, adoption of any position by:,the Secretary of Labor with respect r to - such problem or to constitute an administrative ilnterpretation, practice,'or enforcement policy. Questions on matters not fully covered by this subpart may be referred to the Secretary for interpretation as provided in 5.12. 3.21 (Reserved) 3 -22_ Effect of the Davis -Bacon Fringe Benefits Provisions. The Davis-Bacon Act and the prevailing wage provisions of the related statutes listed i n 1.1 of this-subtitle confer vpon.the Secretary of Labor the authority to predetermine. as minimum wages, those wage rates found to be prevailing for corresponding classes of laborers and mechanics employed on projects of a character similar to the contract work in the area in which the work is to be performed. See paragraphs (a) and (b) of 1.2 of • this subtitle. , The fringe benefits. amendments enlarge the scope of this authority by including certain bona fide fringe benefits within the meaning of the terms "wages ". "scale of wages", "wage rates ", "minimum wages" and "prevailing wages ", as used in the Davis -Bacon Act. 3_23 The Statutory Provisions. The fringe benefits provisions of the 1964 amendments to the Davis -Bacon Act are, in part, as follows: ` of payment other than an hourly rate. "In such cases, the Secretary may in his discretion "express in, the wage determination the rate of contribution or cost used in the formula or method or may convert it to an hourly rate of pay whenever he finds that such action would facilitate the administration of the Act._ See 5.5(a)(1)(i) and (iii). 5.26 "...Contribution Irrevocably Made ... to a Trustee or to a Third Person ". Under the fringe benefits provisions section 1(b)(2) of the act) the amount of contributions for fringe benefits must be made to a trustee or to a third person irrevocably. The third person must be one who is not affiliated with the contractor or subcontractor. The trustee must assume the usual fiduciary responsibilities imposed upon trustees by applicable law. The trust or fund must be set up in such a way that in no event will the contractor or subcontractor be able to recapture any of the contributions paid in or any way divert the funds to his own use or benefit. Although contributions made to-.a trustee or third person pursuant to a benefit plan must be irrevocably made, this does not prevent return to the contractor or subcontractor of sums which he had paid in. excess of the contributions actually called for by the plan, as where such excess payments result from error or from the necessity of making payments-to cover the estimated cost of contributions at a time when the exact amount of the necessary contributions under the plan is not yet ascertained. For example, a benefit pan may provide for definite insurance benefits for employees Tn the event of the happening of .a specified contingency such as death. sickness, accident, etc., and may provide that the cost of such definite benefits, either in full or any balance in excess of specified employee contributions, will be borne by the contractor or subcontractor. In such a case the return by the insurance company to the contractor or. subcontractor of sums paid by him in excess of the amount requiring to provide the benefits which, under the plan, are to be provided through contributions by the contractor or subcontractor. will not be deemed a recapture or diversion by the employer of contribu- tions made pursuant to the plan. 3.27 "...Fund, Plan, or Program ". The contributions for fringe benefits must be made pursuant to a fund, plan or program (sec. 1(b)�(2)(A) of the act). The phase "fund, plan, or program" is merely intended to recognize the various types of arrangements commonly used to provide fringe benefits through employer contributions: The committee contemplates that the Secretary of Labor in carrying out his responsibilities under Reorganization Plan' No. '14 of 1950, may direct a contractor or subcontractor to set aside in an account assets which, under sound actuarial phinciples, will be sufficient to meet the future obligation under the plan_ The preservation of this account for the purpose intended would, of course, also be essential. (S. Rep. No. 963, p. 6.) This is implemented by the contractual provisions required by 5.5(a)(1)(iv). 3:29 Specific Fringe Benefits. (a) The act lists all types of fringe benefits which the Congress considered to be common* in the 'construction industry as a whole. These include the following: medical or hospital care, pensions on retirement or death, compensation for injuries or illness resulting from occupational activity, or insurance to provide any of the foregoing, unemployment benefits, life insurance, disability and sickness insurance. -or accident insurance, vacation and holiday pay, defrayment of costs of apprenticeship or other similar programs, or other bona fide fringe benefits, but only where the contractor or subcontractor_ is not required by other Federal. State, or`local law to provide any of such benefits. (b) The Legislative history indicates that it was not the intent of the Congress to'impose specific standards relating to administration of fringe benefits. It was assumed that the majority of fringe benefits arrangements-of this nature will be those which are administered in accordance with requirements of section 302(c)(5) of the National Labor Relations Act, as amended (S. Rep. No. 963, p. 5.). (c) The term "other bona fide fringe benefits" is the so— called "open end" provision. This was included so that new fringe benefits may be recognized by the Secretary as they become prevailing. It was pointed out that a particular fringe benefit need not be recognized beyond a particular area in order for the Secretary to find that it is prevailing in that area (S. Rep. No. 963, p. 6). (d) The legislative reports indicate that, to insure against -*considering and giving credit to any and all fringe benefits, some of which might be illusory or not genuine, the qualification was included that such fringe benefits must be "bona fide" (H. Rep. No. 308, p. 4; S. Rep. Na. 963, p. 6). No difficulty is anticipated in determining whether a particular fringe benefit is "bona fide" in the ordinary case where the benefits are those common in the construction industry and which are established under a usual fund. plan, or program. This would be typically the case of A Z • G r A 7 N C O C Y E L O N 4l t V Z 2 C r E L O 41 u X W d t C L to N N 4J u C O C C O N C —0 N OJ tv R E L O N N r � r .0 41 L O O t4m d iJ N O «- C N sv •.- O tL r O 7 N O N t r N �r ! 1 1 1 1 1 N 1 1 1 t 1 1 1 1 1 1 1 t cc W 1 1 1 1 1 1 1 t f 1 1 t = 1 1 1 1 1 1 O 1 I 1 1 1 1 1 1 1 t 1 1 I a• 1 1 1 1 1 1 1 1 Ln 1 I Z~ 6 1 1 1 1 O t Ii.J = tY = N C7 W 1 1 1 1 I 1 1 1 O 1 1 CL. V 11 tY 1 1 1 1 1 N Q d 1 1 t 1 1 = 1 1 1 1 1 W d = 1 I 1 1 N 1 t 1 1 O 1 1 1 1 • N •,•� 1 1 I 1 1 t 1 1 •„• W 4 V t 1 1 1 1 t I 1 W Z Q T 1 t 1 1 1 1 1 1 W co 1 1 t 1 W 1 I 1 O 1 1 O N O I Z N 1 t ••+ .-. N It N 1 1 1 2 I• 1 I W • Cl. 1 1 I 1 t 1 1 1 t 1 1 1 �O W 1 1 1 S S 1 t t1! t1't O to 1 1 W = 1 M 1 S 1 1 1 1 C-3 y N O O in to • -1 W N O m w Q► m O tY M S N W • • • y x • • N y • N • Q • N Q N tY W N '••' V N W V J tY F- tY •-+ S C V W 2 W cr. W O S W . .. O C] d Z ••, V W S S Z O • a a a � .� oc N C O C Y E L O N 4l t V Z 2 C r E L O 41 u X W d t C L to N N 4J u C O C C O N C —0 N OJ tv R E L O N N r � r .0 41 L O O t4m d iJ N O «- C N sv •.- O tL r O 7 N O N t r N �r (4) As stated in paragraph (a) of this contractor or subcontractor may discharge' his obligations for the payment of straight time wages jenefits by a combination of the methods illustrated graphs (1) thru (3) of this paragraph. Thus, for nis obligations for painters may be met by an hourly rate, partly in cash and partly in payments or costs for fringe benefits which total not less than $4.35 (S3.90 basic hourly rate plus 45 cents for fringe benefits). The payments in such case may be $4.10 in cash and 25 cents in payments or costs in - fringe benfi•ts. Or, they may be $3.75 in cash and 60 cents in - payments or costs for fringe benefits. (30 F.R. 13136, Oct.15, 1965) 3.32 Overtime Payments. (a) The. act excludes amounts paid by a contractor or subcontractor for fringe benefits in the computation of overtime under the Fair Labor Standards Act, the Contract Work Hours and Safety Standards Act, and. the Walsh- Healey Publi.c Contracts Act whenever *the overtime provisions of any of these statutes apply concurrently with the Davis -Bacon Act .or its related prevailing wage statutes. It is clear from the legislative history that in no event can the regular or-basic rate upon which premimum pay for overtime is calculated under the aforementioned Federal statutes be less than the amount determined by the Secretary of Labor as the basic hourly rate (i.e. cash rate under_ secti -on 1(b)(1) of the Davis -Bacon Act. (See S. Rep. No. 963, p. 7'.) Contributions by employees are :iot eluded from the regular or basic rate upon which overtime is computed under these statutes; that is, an employee's regular or basic straight -time rate is computed on his earnings before any deductions are made for the employee's contributions to fringe benefits. The contractor's contributions or costs for fringe benefits may be excluded in computing such rate so long as the exclusions do not reduce the regular•orbasic rate below the basic hourly rate contained in the wage idetermination. (b) The legislative report notes 'that the phasing `contributions irrevocably made by a contractor or subcontractor to a trustee or to a third person pursuant to a fund, plan, or program" was added to the bill in Committee. This language in essence conforms to the overtime provisions of section 7(d)(4) of the Fair Labor Standards Act, as amended. The intent of the committee was to prevent any avoidance of overtime requirements under existing law. (See H. Rep. No. 308, p. 5.) APPENDIX A STATUTES RELATED TO THE DAVIS -BACON ACT REQUIRING PAYMENT OF WAGES AT RATES PREDE- TERMINED BY THE SECRETARY OF LABOR 1. The Davis-Bacon Act (secs. 1 -7,.46 Stat. 1494, as amended: Pub. L. 74 -403. 40 U.S.C. 276a- 276a-71. 2. *National Housing Act (sec. 212 added to c. 847. 48 Stat. 1246. by sec. 14. 53 Stat. 807; 12 U.S.C. 1715c and repeatedly amended). 3. Housing Act of 1950 (college housing) (amended by }iousing Act of 1959 'to add labor provisions. 73 Stat. 681; 12 U.S.C. 1749a(f)). 4. Housing Act of 1959 (sec 401(f) of the Housing Act of 1950 as amended by Pub. L. 86 -372, 73 Stat. 681; 12*- U.S.C. 1701q(c)(3)). 5. Commercial Fisheries Research and Development Act of 1964 (sec. 7, 78 Stat. 199;,16 U.S.C. 779c(b)). 6. Library Services and Construction Act (sec. 1(a), 78 Stat. 13; 20 U.S.C. 355c(a.)(4), as amended). 7. National Technical Institute for the Deaf Act (sec. 5(b)(5), 79 Stat. 126; 20 U.S.C. 684(b)(5)).- 8. National Foundation on the Arts and Humanities Act of 1965 (sec. 5(k), 79 Stat. 846 as amended; 20 U.S.C. 9. Elementary and Secondary Education Act of 1965 as amended by Elementary and Secondary and other Education Amend- ments of 1969 (sec. 423 as added by Pub. L. 91 -230, title IY, sec. 401(a)(10), 84 Stat. 169, and renumbered sec. 433, by Pub. L. 92 -318; title III, sec. 301(x)(1), 86 Stat. 326; 20 U.S.C. 1232(b)). Under the amendment coverage is extended to all programs administered by the Commissioner of Education. 10. The Federal -Aid Highway Act of 1956 (sec.108(b), 70 Stat. 3789 recodified at 72 Stat. 895; 23 U.S.C. 113(x), as amended), see particularly the amendments in the Federal -Aid Iii9bwAY Act of 1968 (Pub. L. 90-495. 62 Stat. 815). r 40. Stat. 536; 42 41. 316; 42 U.S.0 42. of 1970 (sec. 43. 406. 87 Stat. 44. (secs. 110, 1440(g)). Juvenile Delinquency Prevention Act (sec. 1. 86 U.S.C. 3884). New Communities Act of 1968 (sec. 410, 82 Stat. 3909). Urban Growth and New Community Development Act 727(1), 84 Stat. 1803; 42 U.S.C. 4529). Domestic Volunteer Service :Act of 1973 (sec. 410; 42 U.S.C. 5046). Housing and Community Development Act of 1974 802(8), 88 Stat. 649, 724; 42 U.S.C. 5310, 45. Developmentally Disabled Assistance and Bill of Rights Act (sec. 126(4). 89 Stat. 488; 42 U.S.C. 6042(4); title 1, sec. 111, 89 Stat. 491; 42 'U.S.C. 6063(b)(19)): 46. Public Works Employment Act of 1976 (sec. 109', 90 Stat. 1001; 42 U.S.C. 6708, also sec. 208, 90 Stat. 1008; 42 U.S.C. 6728). 47. Energy Conservation and Production Act (sec. 451(h), 90 Stat. 1168; 42 U.S.C. 6881(h)). 48. Solid Waste Disposal Act (sec. 2, 90 Stat. •':2828; 42 U.S.C. 6979). _ 49: Rai I*Passenger Service Act of 1970 (sec. 405d. .84 Stat. 1337; 45 U.S.C. 565(d)). 50. Urban Mass Transportation Act of 1964 (sec. 10, 78 Stat. 307; renumbered sec. 13 by 88 Stat. 715; 49 U.S.C. 1609). 3 51. Highway speed ground transportation study (sec. 6(b).•79 Stat. 893; 49 U.S.C. 1636(b)). 52. Airport and Airway Development Act 'of 1970 (sec. 22(b), 84 Stat. 231; 49 U.S.C. 1122(b)). 53. Federal Civil Defense Act of 1950 (50 U.S.C. App. 22811). 54. National Capital Transportation Act of 1965 [sec. 3(b)(4). 79 Stat. 644; 40 U.S.C. 682(b)(4). NOTE - Repealed Dec. 9, 1969 and labor standards incorporated in sec. 1 -1431 of the District of Columbia Code). 55. Model Secondary School for the Deaf Act (sec. 4, 80 Stat. 1027, Pub. L. 89 694, but not in the united States Code). 56. Delaware River Basin Compact (sec. 15.1, 75 Stat. 714, Pub. L. 87-328) (considered a statute for purposes of the plan but not in the United States Code). [FR Doc. 86 -7726 Filed 4 -8 -86; .8:45 am] TITLE 40 USC - SECTIONS 327 - 330 PUBLIC LAW 87 -581 AN ACT To establish standards for hours of work and overtime pay of laborers and mechanics employed on work done under contract for, or with the financial aid of, the United States. for any territory, or for the District of Columbia, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, that this Act may be cited as the "Work Hours and Safety Act of 1962" and title I may be cited as the "Contract York Hours and Safety Standards Act% TITLE I - CONTRACT WORK HOURS AND SAFETY STANDARDS ACT SEC. 101. As used herein, the term "Secretary" _ means the Secretary of ;Labor, United States Department of Labor. SEC. 102.(x) Notwithstanding any other provision of law, the wages of every laborer and mechanic employed by any contractor or subcontractor in his performance of work on any contract of the character specified in section 103 shall be computed on the basis of a standard workday of eight hours and a standard workweek of forty hours. and work in excess of such standard workday or workweek shall be permitted subject to the provisions of this section. For each worksheet in which any such .laborer or mechanic is so employed, such wages shall include compensation, at a rate not less than one and one -half times the basic rate of pay, for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in the workweek, as the case may be. (b) The following provisions shat. be a condition of every contract of the character specified in section 103 and of any obligation of the United States. any territory. or the District of Columbia in connection therewith: (1) No contractor or subcontractor con - tracting'for any part of the contract work which may require performance of any part of the work contemplated by such contract, and for purposes of this Act, laborers and mechanics shall- include workmen performing services in connection with dredging or rock excavation in any river or harbor of the United states or of any territory or of the District of Columbia, but. shall not include any employee employed as a seaman. (b) This Act shall not apply to contracts' for transportation by land, air, or water, or for the transmission of intelligence, or for the purchase of supplies or materials or articles ordinarily available in the open market. This Act shall not apply with respect to any work required to be done in accordance with the provisions of the Walsh - Healey Public Contracts Act (49 Stat. 2036; 41 U.S.C. 35 -45). SEC. 104.(a) Any officer or person designated as inspector of the work to be performed under any contract of the character specified in section 103, or to aid in the enforcement or' fulfillment thereof shall, upon observation .or investigation, forthwith report to the proper officer of the united States, of any territory or possession, or of the District' of Columbia, all violations of the provisions of this Act occurring in the performance of such work, together with the name of each laborer or mechanic who was, required or permitted to work in violation of such provisions and the day or days of such violation. The amount of unpaid wages and liquidated damages owing under the provisions of this Act shall : be administratively determined and the officer or person whose duty it is to approve the payment of. moneys by the United states, the territory, or the District of Columbia in connection with the performance of the contract work shall direct the amount of such liquidated damages to be withheld for the use and benefit of the United States. said territory, or said District, and shall direct the amount of such unpaid wages to the withheld for the use and benefit of the laborers and mechanics who were not compensated as required under the provisions.of this Act. The Comptroller General of the United States is hereby authorized and directed to pay directly to such laborers and mechanics; from the sums withheld on account of underpayments of wages, the respective amounts administra- tively determined to be due, if the funds withheld are adequate, and, if not, an equitable proportion of such amounts. (b) If the accrued payments withheld 'under mechanics with respect to whom there has been a failure to pay the wages required pursuant to this Act, such laborers and mechanics shall, in the case of a department or agency of the federal Government, have the rights of action and /or of inter - vention against the contractor and his sureties conferred by injustice or undue hardship or to avoid serious impairment of 'the conduct of Government business. SEC. 106. Any contractor or subcontractor whose duty it shall be to employ. direct, or control any laborer or mechanic employed in the performance of any work contemplated by any contract to which this Act applies, who shall intentionally violate any provisions of this Act, shall be deemed guilty of a misdemeanor, and for each and every such offense shall, upon conviction, be punished by a fine of not to -exceed $1,000 or by imprisonment for not more than six months, or by both such fine and imprisonment, in the discretion of the court having jurisdiction thereof. SEC. 107.(a) It shall be a condition of each :contract which is entered into under legislation 1950 (64 Stat. 1267), and is for construction, alteration, and /or repair, including painting and decorating, that no contractor or subcontractor contracting for any part of the contract work shall require any laborer or mechanic employed in th'e performance of the contract to work in surrounding or under working conditions which are unsanitary, hazardous, or, dangerous to his health or safety, as determined under construction safety and health standards promulgated by the Secretary by regulation based on proceedings pursuant to section 553 of title 5, United States Code, provided that such proceedings include a hearing of the nature authorized by said section. In formulating such standards, the Secretary shall cbnsult with the Advisory-Committee created by subsection.(e). (b) The Secretary is authorized to make such inspections, hold such hearings, issue such orders, and make such decisions based on findings of fact, as are deemed necessary to gain. compliance with this section and any health and safety standard promulgated by the Secretary under subsection- (a), and for such puposes the Secretary and the United States district courts shall have the authority and jurisdiction provided by sections 4 and 5 of the Act of June 30. 1936. (41 U.S.C. 38, 39). In the event that the Secretary of Labor determines noncompliance under the provisions of this section after an opportunity for an adjudicatory hearing by the Secretary of any condition of a contract of a type described in clause (1) -or (2) of section 103(x) of this Act, the governmental agency for which the contract work i*s done shall have the right to cancel the contract, and to enter into other contracts for the completion of the contract work, charging any additional cost to the original contractor. In the event of noncompliance, as determined by the. Secretary after an opportunity for an adjudictory hearing by the Secretary, of any condition of a contract of a type described in clause (3) of title 28, United States Code. The findings of fact by the Secretary, if supported by substantial evidence.* shall be final. The Court shall have power to make and enter a decree enforcing, modifying, and enforcing as so modified. or setting aside in whole or in part. the order of the Secretary or the appropriate Government agency. The judgement of the court .sball"be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code. (e)• (1) The Secretary shall establish in the Department of Labor an Advisory Committee on Construction Safety and health (hereinafter referred to as the "Advisory Committee ") consisting of nine members appointed. without regard to the civil service laws, by the Secretary. The Secretary shall appoint one such member as Chairman. Three members of the Advisory Committee shall be persons representative of contractors to whom this section applies, three members shall be persons representative of employees primarily 'in the building trades and construction industry engaged in carrying out contracts to which this section applies. and three public representatives who shall be selected on the basis of their professional and technical competence and experience in the construction health and safety field. (2) The Advisory Committee shall advise the Secretary in the formulation of construction safety and health standards and other regulations, and with respect to policy matters arising in the administration of this section. -The Secretary may appoint such special advisory' and technical experts or consultants as may be, necessary to carry out the functions of the Advisory Committee. (3) Members of the Advisory Committee shall, while serving on the business of the Advisory Committee, be entitled to receive compensation at rates fixed by the Secretary, but not exceeding $100 per day, including traveltime; and while so serving away from .their homes or regular places of 'business, they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5 of the United States Code for persons in the Government service employed intermittently. (f) The Secretary shall provide for the establishment and supervision of programs for the education and training of employers and employees in the recognition. avoidance, and prevention of unsafe working conditions in employments covered by the Act, and to collect such reports and data and to consult with and advise employers as to the best means of preventing injuries. Approved August 13, 1962 Amended August 9, 1969 State of California Department of Industrial Relations Division of Apprenticeship Standards EXCERPTS FROM THE CALIFORNIA LABOR CODE RELATING TO APPRENTICES ON PUBLIC WORKS Chapter 1 of Division 2 APPRENTICES ON PUBLIC WORKS 1773.3 An awarding agency whose public works contract falls within the jurisdiction of Section 1777.5 shall, within 5 days of the award, send a copy of the award to the Division of Apprenticeship Standards. When specifically requested by a. local joint apprenticeship committee, the division shall notify the local joint apprenticeship committee regarding all such awards applicable to the joint apprenticeship committee making the request. Within five days of a finding of any discrepancy regarding the ratio of apprentices to journeymen, -pursuant to the certified.fixed number of apprentices to journeymen, the. awarding agency shall notify the Division of Apprenticeship standards. ' (Added by Stats. 1978, Ch. 1249.) 1776. (a) Each contractor and subcontractor shall keep an ' accurate payroll record, showi n the name, address. social security number, work classification, stray t - ti me and overtime hours worked each ay and week, and the actual per ahem wages paid to eac ourne man, apprentice, worker, or other ema ovee ema oved by him or her in connection with the ublic work. (b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the contractor on the following basis: (1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to such employee or his or her authorized represent- ative on request. (2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to.a representative of the body awarding the contract. The Division of Labor Standards (h) The director shall adopt rules consistent with the California Public Records Act. (Ch. 3.5 (commencing with Sec. 6250), or Div. 7, Title 1, Gov. C.) and the Information Practices Act of 1977, (Title 1.8 (commencing with Sec. 1798) Pt. 4, Div. 3, Civ. C.) governing the release of such records, including the establishment of reasonable fees to be charged for reproducing copies of records required by this section. (Added by Stats. 1978, Ch. 1249.) 1777.5. Nothing in this chapter shall prevent, the employment of property registered apprentices upon public works. Every such apprentice shall be paid the standard wa e aid to apprentices under the regulations of the craft or trade at which he is employed, and shall be emeloyed only at the work of the cra t-or trade to which he is registered. Dnly apprentices, as defined in Section 3077, who are in training under apprenticeship standards and written appren- tice agreements under Chapter 4 (commencing with Section 3070), Division 3, of the Labor Code, are eligible to be employed on public works. The employment and training of each apprentice. shall be in accordance with the provisions of the apprenticeship standards and apprentice agreements under which he -is training. ' When the contractor to whom the contract is awarded by the state or any political subdivision, or any subcontractor under him. in perfo rmin any of the work under the contract or subcontract,. employs workmen in any apprenticeable craft or trade. the contractor and subcontractor shall apply to the point apprenticeship committee administering the a rentices standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor or subcontractor under the apprenticeship standards for t o employment and training o apprentices in the area or industry affected: provided, however,,. that the approval as established by the point apprenticeship committee or committees shall be subject to the approval of the Administrator of Apprenticeship. The joint apprenticeship committee or committees, subsequent to approving the subject contractor or subcontractor, shall arrange for the dispatch of apprentices to the contractor or subcontractor in order to comply with this section. There shall be an affirmative duty upon the joint apprenticeship committee or committees administering the apprenticeship standards of the craft or trade in the area of the site of the public work to ensure equal employment and affirmative action t_ - (d) If assignment of an apprentice to any work performed under a public works contract would create a condition which would jeopardize his life or the life. safety. or.property of fellow employees or the public at large or it the specific task to which the apprentice is to be assigned is of such a nature that training cannot be provided by a journeyman. When such exemptions are granted to an organization which represents contractors in a specific trade from the 1 -to -5 ratio. on a local or statewide basis the member contractors will not be required to submit individual applications for approval 'to local joint apprenticeship committees. provided they are already covered by the local apprenticeship standards. A contractor to whom the contract is awarded. or an subcontractor under him. who. in performing Any of the work under the contract. employs journeymen or apprentices in any apprentiiceable craft or trade and who is not contrib 'n fund or funds to administer and conduct the aeprenticeship program in any such craft or trade in the area of the site o the Publ c work. to which-fund or funds other contractors in the area of the site of the Public work are contributing, s--h—aTT contribute to the fuFd or funds -in each cra t or trade-in which he employs—Journeymen or apprentices on the public work in the same amount or upon the same basis and in the same manner as the other contractors do. but where - the trust and administrators are unab a to accept su-ch funds. contractors.not si nator to the trust a reement shall a a i e amount to the California Ap#-r—enticesnie ouncil. Ine contractor or subcontractor may aad the amount of such contributions in computing his bid for the contract. The Division of Labor Standards Enforcement is authorized to enforce the payment of such contributions to the fund or funds as set forth in Section 227. The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. Such St' ulations shall fix the responsibility of compliance with this section for all apprenticeable occupations with the prime contractor. All decisions of the joint apprenticeship committee under this section are subject to the provisions of Section 3081. _ (Amended by Stats. 1976. Ch. 1179:) EQUAL EMPLOYMENT OPPORTUNITY _ EXECUTIVE ORDER 11246 AS AMENDED BY EXECUTIVE ORDER 11375 Under and by virtue of the authority vested in me as President of the United States, it is ordered as follows: PART I - NONDISCRIMINATION IN GOVERNMENT EMPLOYMENT PART II - NONDISCRIMINATION IN EMPLOYMENT BY GOVERNMENT CONTRACTORS AND SUBCONTRACTORS Subpart A - Duties of the Secretary of Labor SEC. 201. The Secretary of Labor shall be responsible for the administration of parts II and III of this order and shall adopt such rules and regulations and issue such orders as he deems necessary and appropriate to achieve the purposes thereof. Subpart B - Contractors' Agreements SEC. 202. Except in contracts exempted in accordance with section 204 of this order, all Government contracting agencies shall include in every Government contract hereafter entered into the following provisions: During the performance of this contract, the contractor z agrees as follows: (1) The contractor will not dis- criminate aganst any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrad- ing, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; .and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for "employment, notices to be provided by the contracting officer setting;: forth the provisions of this nondiscrimination Y as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, - That in the event the contractor becomes involved in, or threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency,* the contractor may request the United States to enter into such litigation to protect the interests of the United States. SEC. 203. (a) Each contractor .having a contract containing the provisions prescribed in section 202 shall file, and -shall cause each of his subcontractors to file, compliance reports with the contracting agency or the* Secretary of Labor as may be directed. Compliance reports shall be filed within such times and shall contain such information as to the practices, policies, programs, and employment policies, programs, and employment statistics of the contractor and each subcontractor, and shall bein such form, as the Secretary of Labor may prescribe. (b) Bidders or prospective contractors or subcontractors may be required to state whether they have participated in any previous contract subject to the provisions of this order, or any preceding similar executive - order, and in that event to submit, on behalf of themselves and their proposed subcontractors, compliance reports prior to or as an initial part of their bid or negotiation of a contract. subcontractor hasc)a Collective contract or understanding with referring workers or providing o training for such workers, the Whenever the contractor or bargaining agreement or other a labor union or an agency r supervising apprenticeship or compliance report shall include impede the effectuation of the purposes of this order: And provide further, That in the absence of such an exemption all facilities shall be covered by the provisions of this order. Subpart C - Powers and Duties of the Secretary of Labor and the Contracting Agencies SEC. 205. Each contracting agency shall be primarily responsible for obtaining compliance with the rules, regulations, and orders of the Secretary of Labor with respect to contracts entered into by such agency or its contractors. All contracting agencies shall comply with the rules of the Secretary of labor in discharging their primary responsibility for securing compliance with the provisions of contracts and otherwise with the terms of this order and of the rules, regulations, and orders of the Secretary of Labor issued pursuant to this order. They are directed to cooperate with the Secretary of Labor and to furnish the Secretary of Labor such information and assistance as he may require in the per- formance of his functions under this order. They are further directed to appoint or designate, from among the agency's personnel, compliance officers. It shall be the duty of such officers to seek compliance with the objectives of this order by conference, conciliation, mediation, or persuasion. SEC. 206. (a) The Secretary of Labor may investigate the employment practices of any Government contractor or subcontractor, or initiate such investigation by the appropriate contracting agency, to determine whether or not the contractural provisions specified in section 202 of this order have been violated. Such investigation shall be conducted in accordance with the procedures established by the Secretary of Labor and the investigating agency shall report to the Secretary of Labor any action taken or recommended. (b) The Secretary of Labor may receive and investigate or cause to be investigated complaints by employees or prospective employees of a Government contractor or subcontractor which allege discrimination contrary to the contractual provisions specified in section 202 of this order. If this investigation is concluded for the Secretary of Labor by a contracting agency, that agency shall report to the Secretary what action has been taken or is recommended with regard to such complaints. limitations of applicable law, of organizations, individuals, or groups who prevent directly or indirectly, or seek to prevent directly or indirectly, compliance with the provisions of this order. (3) Recommend to the Equal Employment Opportunity Commission or the Department of Justice that appropriate proceedings be instituted under Title VII of the Civil Rights Act of 1964. (4) Recommend to the Department of Justice that criminal proceedings be brought for the furnishing of false information to any contracting agency or to the Secretary of Labor as the case may be. (5) Cancel, terminate, suspend, or cause to be cancelled, terminated, or suspended any contract, or any portion or portions thereof, for failure of the contractor or subcontractor to comply with the nondiscrimination provisions of the contract. Contracts may be cancelled, terminated, or suspended absolutely or continuance of contracts may be conditioned upon a program for future compliance approved by the contracting agency. (6) Provide that any contracting agency shall refrain from entering into further contracts, or extensions or other modifications of existing contracts, with any noncomplying contractor, until such contractor has satisfied the Secretary of Labor that such contractor has established and will carry out personnel and employment policies in compliance with the provisions of this order. (b) Under rules and regulations prescribed by the Secretary of Labor, each contracting agency shall make reasonable efforts within a reasonable time limitation to secure compliance with the contract provisions of this order by methods of conference, conciliation, mediation, and persuasion before proceedings shall be instituted under subsection (a)(2) of this section, or before a contract shall be cancelled or terminated in whole or part under subsection (a)(5) of this section for failure of a contractor or subcontractor to comply with the contract provisions of this order. SEC. 210. Any contracting agency taking any action authorized by this subpart, whether on its own motion, or as directed by the Secretary of Labor, or under the rules and regulations of the Secretary,- shall promptly, notify the Secretary of such action. Whenever the Secretary of Labor makes a determination under this section, he - shall promptly notify the appropriate contracting agency of the action recommended. The agency shall take such action and shall PART III — NONDISCRIMINATION PROVISIONS IN FEDERALLY ASSISTED CONSTRUCTION CONTRACTS SEC. 301. Each executive department and agency which administers a. program involving Federal financial assistance shall require as a condition for the approval of any grant, contract, loan, insurance, or guarantee thereunder, which may involve a construction contract, that the applicant for Federal assistance undertake and agree to incorporate, or cause to be incorporated, into all construction contracts paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to such grant, contract, loan, insurance, or guarantee, or undertaken. pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the provisions prescribed for Government contracts by section 202 of this order or such modification thereof, preserving in substance the contractor's obligations thereunder, as may be approved by the Secretary of Labor, together with such additional provisions as the Secretary deems appropriate to establish and protect the interest of the United States in the enforcement of those obligations. Each such applicant shall also undertake and agree: (1) to assist and cooperate actively with the administering department or agency and the Secretary of Labor in, obtaining the compliance of contractors and subcontractors with those contract provisions and with the rules, regulations, and relevant orders of the Secretary; (2) to obtain and to furnish to the administering department or agency and to the Secretary of Labor such information as they may require for the supervision of such compliance; (3) to carry out sanctions and penalties for violation. of such obligations imposed upon contractors and subcontractors by the Secretary'of Labor or the administering department or agency pursuant to part II, subpart D, of this order; and (4) to refrain from entering into any contract subject* to' this order, or extension or other modification of such a contract with a contractor debarred from Government contracts under part II, subpart D, of this order. SEC. 302. (a) "Construction Contract" as used in this* order means any contract for the construction, rehabilitation, conversion, extension, or repair or buildings, highways, or other improvements to real property. (b) The provisions of part II of this order shall apply to such construction contracts, and for purposes of such application, the administering department or agency shall be considered the contracting agency referred to therein. (c) The term "applicant" as used in this order means an applicant for Federal assistance or, as ,determined by agency regulation,. other program participant, with respect•,•to whom an application for anv grant. contract, PART IY — MISCELLANEOUS SEC. 401. The Secretary of Labor may delegate to any officer, or employee in the executive branch of the Government, any function or duty of the Secretary under parts II and III of this order, except authority to promulgate rules and regulations of a general nature. SEC. 402. The Secretary of Labor shall provide administrative support . for the execution of the program known as the "Plans of Progress ". SEC. 403. (a) Executive Orders Nos. 10590 (Jan. 18, 1955), 10755 (Aug. 5, 1957), 10925 (Mar. 6, 1961), 11114 (June 22, 1963), and 11162 (July 28, 1964), are hereby superceded and the President's committee on Equal Employment Opportunity established by Executive Order No. 10925 is hereby abolished All records and property in the custody of the committee shall be transferred to the Civil Service Commission and the Secretary of Labor, as appropriate. (b) Nothing in this order shall be deemed to relieve any person of any obligation assumed or imposed under or pursuant to any executive -order superceded by this order. All rules, regulations, orders, instructions, designations, and other directives issued by, the President's Committee on Equal Employment Opportunity and those issued by the heads of various departments or agencies under *or pursuant to any of the executive orders superceded by this order, shall, to the extent that they are not inconsistent with this order, remain in full force and effect unless and until revoked or superseded by appropriate authority. References in such directives to provisions of the superseded orders shall be deemed to be references to the comparable provisions of this order. SEC. 404. The General Services Administration shall appropriate action to revise the standard Government contract forms to accord with the provisions of this order and of the rules and regulations of the Secretary of Labor. SEC. 405. This order shall become effective 30 days after the date of this order. LYNDON B. JOHNSON ?HE WHITE H005t U.S DEPARTMENT OF LABOR Employment Standards Administration Wage and Hour Division Washington, DC. 20210 GENERAL WAGE DETERMINATIONS ISSUED UNDER THE DAVIS -BACON AND RELATED ACTS Volume VII Transmittal #10, May 21, 1999 This transmittal contains changes to Volume VII, including modifications or supersedeas decisions to General Wage Determinations as published in the Federal Register on May 21, 1999. The changes are listed by state and decision number(s). The decision(s) listed should be removed and the new one(s) attached should be inserted as replacements. NONE............................................................................................................................._. ............................... U.S DEPARTMENT OF LABOR Employment Standards Administration Wage and Hour Division Washington, DC. 20210 GENERAL WAGE DETERMINATIONS ISSUED UNDER THE DAVIS -BACON AND RELATED ACTS Volume VII Transmittal #9 May 14, 1999 This transmittal contains changes to Volume VII, including modifications or supersedeas decisions to General Wage Determinations as published in the Federal Register on May 14, 1999. The changes are listed by state and decision number(s). The decision(s) listed should be removed and the new one(s) attached should be inserted as replacements. NONE................................................................................................................................ ............................... General Decision Number CA990037 Superseded General Decision No. CA980037 State: California Construction Type: BUILDING DREDGING HEAVY HIGHWAY County (ies) : SAN BERNARDINO 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 03/12/1999 1 04/16/1999 CA990037 - 1 04/16/1999 Diver, wet 54.76 6.28 Diver, stand -by 27.38 6.28 Diver tender 26.38 6.28 CARP0003E 07/01/1998 Rates CARPENTERS & DRYWALL /LATH INSTALLERS: Fringes Work on wood frame, tilt up or concrete block construction including but not limited to: shopping centers, stores, office buildings, fast food establishments, also including curb, gutter and sidewalks where the total cost of the project does not exceed seven and one -half million ($7,500,000.00) dollars. DRYWALL /LATH INSTALLER 22.75 6.28 CARPENTERS: Carpenter, cabinet installer, Carpenter, cabinet installer, worker and acoustical insulation installer, floor installer 24.75 6.28 worker and acoustical 6.28 Roof loader of shingles 17.42 installer 22.75 6.28 Shingler 22.88 6.28 Roof loader of shingles 15.42 6.28 Saw filer 22.83 6.28 Table power saw operator 22.85 6.28 Pneumatic nailer or power stapler 23.00 6.28 Fence builder 20.30 6.28 Millwright 23.25 6.28 Pile driver; Derrick barge; Bridge or dock, carpenter; Cable splicer;' Heavy framer; Rockslinger 22.88 6.28 Head rockslinger 22.98 6.28 Rock barge or scow 22.78 6-.28 Scaffold builder 17.00 6.28 All other work: DRYWALL /LATH INSTALLER 24.75 6.28 CARPENTERS: Carpenter, cabinet installer, insulation installer, floor worker and acoustical installer 24.75 6.28 Shingler 24.88 6.28 Roof loader of shingles 17.42 6.28 Saw filer 24.83 6.28 Table power saw operator 24.85 6.28 CA990037 - 3 04/16/1999 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. ---------------------------------------------------------------- ELEC0477B 12/01/1998 Rates Fringes ELECTRICIANS: Area within 80 road miles from the main post office in San Bernardino: Electrician 24.75 30 + 9.95 Cable splicer; Electrician, welding 25.25 30 + 9.95 Electrician, tunnel work 27.23 3% + 9.95 Remainder of County: Electrician 32.75 3% + 9.95 Cable splicer; Electrician, welding 33.25 3% + 9.95 Electrician, tunnel work 36.03 3% + 9.95 FOOTNOTES: Work in a pressurized tunnel: 1 lb. to 18 lbs.: 6 hrs. work under pressure for a day's pay plus 10%. 19 lbs. to 26 lbs.: 4 hrs. work under pressure for a day's pay plus 10%. 27 lbs. to 33 lbs.: 3 -1/2 hrs, work under pressure for a day's pay plus 10%. 34 lbs. to 38 lbs.: 3 hrs. work under pressure for a day's pay plus 10%. ELEC1245A 06/01/1998 Rates LINE CONSTRUCTION (includes outside utility transmission work): Fringes Line worker; Cable splicer 29.50 4.5% +6.78 Powder worker 28.03 4.51+6.54 Ground person 19.18 4.5% +6.50 Line worker, welding 30.98 4.51+7.02 ---------------------------------------------------------- - - - - -- ELEV0018A 09/15/1998 Rates Fringes ELEVATOR MECHANIC 31.025 6.675 FOOTNOTE: Vacation Pay: 8% with 5 or more years of service, 6% for 6 months to 5 years service. Paid Holidays: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Friday after, and Christmas Day. CA990037 - 5 04/16/1999 GROUP 1: Barge, brake, compressor operator, Ditch Witch, with seat or similar type equipment, elevator operator- inside, engineer oiler, generator operator, generator, pump or compressor plant operator, pump operator, signal, switch GROUP 2: Asphalt- rubber plant operator (nurse tank operator), concrete mixer operator - skip type, conveyor operator, fire person, hydrostatic pump operator, oiler crusher (asphalt or concrete plant), skiploader (wheel type up to 3/4 yd. without attachment), tar pot fire person, temporary heating plant operator, trenching machine oiler GROUP 3: Asphalt- rubber blend operator, equipment greaser (rack), Ford Ferguson (with dragtype attachments), helicopter radio (ground), stationary pipe wrapping and cleaning machine operator GROUP 4: Asphalt plant fire person, backhoe operator (mini -max or similar type), boring machine operator, box or mixer (asphalt or concrete), chip spreading machine operator, concrete cleaning decontamination machine operator, concrete pump operator (small portable), drilling machine operator, small auger types (Texoma super economatic or similar types - Hughes 100 or 200 or similar types - drilling depth of 30' maximum), equipment greaser (grease truck), guard rail post driver operator, highline cableway signal, hydra- hammer -aero stomper, power concrete curing machine operator, power concrete saw operator, power- driven jumbo form setter operator, power sweeper operator, roller operator (compacting), screed operator (asphalt or concrete), trenching machine operator (up to 6 ft.) GROUP 5: Equipment greaser (grease truck /multi- shift) GROUP 6: Asphalt plant engineer, batch plant operator, bit sharpener, concrete joint machine operator (canal and similar type),- concrete planer operator, deck engine operator, derrick (oilfield type), . drilling machine operator, bucket or auger types (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 (including water wells incidental to building, heavy or highway construction), hydrographic seeder machine operator (straw, pump or seed), Jackson track maintainer, or similar type, Kalamazoo switch tamper, or similar type, machine tool operator, Maginnis internal full slab vibrator, mechanical berm, curb or gutter (concrete or asphalt), mechanical finisher operator (concrete, Clary- Johnson - Bidwell or similar), pavement breaker operator (truck mounted), road oil mixing machine operator, roller operator (asphalt or finish), rubber -tired earth moving equipment (single engine, up to and including 25 yds. struck), self - propelled tar pipelining machine operator, skiploader operator (crawler and wheel type, over 3/4 yd. and up to and including 1- 1/2 yds.), slip form pump operator (power driven hydraulic lifting device for concrete forms), tractor operator - bulldozer, tamper- scraper (single engine, up to 100 h.p. flywheel and similar types, up to and including D -5 and similar types), tugger CA990037 - 7 04/16/1999 equipment) GROUP 10: Heavy -duty repair - welder combination (multi- shift) GROUP 11: 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, mechanical finishing machine operator, mobile form traveler operator, motor patrol operator (multi- engine), pipe mobile machine operator, rubber -tired earth - moving equipment operator (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck), rubber -tired self- loading scraper operator (paddle -wheel -auger type self- loading - two (2) or more units) GROUP 12: Rubber -tired earth - moving equipment operator operating equipment with push -pull system (single engine, up to and including 25 yds. struck) GROUP 13: 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 GROUP 14: 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 15: 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 16: Rubber -tired earth - moving equipment operator, operating equipment with push -pull system (multiple engine, Euclid, Caterpillar and similar, over 50 cu. yds. struck), tandem tractor operator (operating crawler type tractors in tandem - Quad 9 and similar type) GROUP 17: 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 18: 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, CA990037 - 9 04/16/1999 GROUP`4: Bridge -type unloader and turntable operator; Helicopter hoist operator GROUP 5: Stinger crane (Austin- Western or similar type); Tugger hoist operator (1 drum) GROUP 6: Bridge crane operator, Cretor crane operator; Hoist operator (Chicago boom and similar type); Lift mobile operator; Lift slab machine operator (Vagtborg and similar types); Material hoist operator; Polar gantry crane operator; Shovel, backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cu. yds. mrc); Tower crane repair; Tugger hoist operator (3 drum) GROUP 8: Crane operator (up to and including 25 ton capacity); Crawler transporter operator; Derrick barge operator (up to and including 25 ton capacity); Hoist operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity); Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds. mrc) GROUP 9: Crane operator (over 25 tons and up to and including 50 tons mrc); Derrick barge operator (over 25 tons up to and including 50 tons mrc); Highline cableway operator; Hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including 50 tons mrc); K -crane operator; Polar crane operator 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) GROUP 12: Crane operator tons mrc); Derrick barge including 300 tons mrc); or similar type (over 20 mrc); Mobile tower crane including 300 tons mrc) (over 200 tons up to and including 300 operator (over 200 tons up to and Hoist operator, stiff legs, Guy derrick 0 tons, up to and including 300 tons operator (over 200 tons, up to and GROUP 13: Crane operator (over 300 tons); Derrick barge operator (over 300 tons); Helicopter pilot; Hoist operator, stiff legs, Guy derrick or similar type (over 300 tons); Mobile tower crane operator (over 300 tons) CA990037 - 11 04/16/1999 $3.00 per hour additional. Work at Yermo Marine Corps Logistics Center: $2.00 per hour additional. ---------------------------------------------------------- - - - - -- LABOOOO1B 07/01/1998 Rates Fringes BRICK TENDER 18.08 9.34 ---------------------------------------------------------- - - - - -- LABO0002H 07/01/1998 Rates R—F � Fringes GROUP 1 17.83 9.39 GROUP 2 18.23 9.39 GROUP 3 18.43 9.39 GROUP 4 19.48 9.39 GROUP 5 19.68 9.39 TUNNEL LABORERS: GROUP 1 20.74 9.39 GROUP 2 20.86 9.39 GROUP 3 21.02 9.39 GROUP 4 21.30 9.39 GUNITE LABORERS: GROUP 1 GROUP 2 GROUP 3 HOUSEMOVERS (ONLY WHERE HOUSEMOVING CONSTRUCTION CONTRACT): Housemover Yard maintenance person 20.86 19.91 16.40 11.02 11.02 11.02 IS INCIDENTAL TO A 15.50 15.25 . FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a Bosn'n'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' -0" above base level and which work must be performed in whole or in part more than 75' -0" above base level, that work performed above the 75' -0" level shall be compensated for at 35 cents per hour above the applicable classification wage rate. LABORER CLASSIFICATIONS CA990037 - 13 04/16/1999 GROUP 4: Asphalt raker, lute person, ironer, asphalt dump person, and asphalt spreader boxes (all types); Concrete core cutter (walls, floors or ceilings), grinder or sander; Concrete saw person, cutting walls or flat work, scoring old or new concrete; Cribber, shorer, lagging, sheeting and trench bracing, hand - guided lagging hammer; Head rock slinger; Laborer, asphalt - rubber distributor boot person; Laser beam in connection with laborers' work; Oversize concrete vibrator operator, 70 lbs. and over; Pipelayer performing all services in the laying and installation of pipe from the point of receiving pipe in the ditch until completion of operation, including any and all forms of tubular material, whether pipe, metallic or non - metallic, conduit and any other stationary type of tubular device used for the conveying of any substance or element, whether water, sewage, solid gas, air, or other product whatsoever and without regard to the nature of material from which the tubular material is fabricated; No -joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster (nozzle person), water blasting, Porta Shot - Blast; Welding in connection with laborers' work GROUP 5: Blaster powder, all work of loading holes, placing and blasting of all powder and explosives of whatever type, regardless of method used for such loading and placing; Driller: All power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all 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 CA990037 - 15 04/16/1999 lots, game courts and playgrounds; carstops; operation of all related machinery and equipment GROUP 2:. Traffic surface abrasive blaster; pot tender - removal of all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc.) and preparation of surface for coatings. Traffic control person: controlling and directing traffic through both conventional and moving lane closures; operation of all related machinery and equipment GROUP 3: Traffic delineating device applicator: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating devices including traffic control. This category includes all traffic related surface preparation (sandblasting, waterblasting, grinding) as part of the application process. Traffic protective delineating system installer: removes, relocates, installs, permanently affixed roadside and parking delineation barricades, fencing, cable anchor, guard rail, reference signs, monument markers; operation of all related machinery and equipment; power broom sweepers 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 ---------------------------------------------------------- - - - - -- PAIN0036A 07/01/1998 Rates Fringes PAINTER (includes lead abatement) Work on service stations and and car washes; Small new commercial work (defined as construction up to and including.3 stories in height, such as small shopping centers, small stores, small office buildings and small food establishments); Small new industrial work (defined as light metal buildings, small warehouses, small storage facilities and tilt -up buildings); Repaint work (defined as repaint of any structure with the exception of work involving the aerospace industry, breweries, commercial recreational facilities, hotels which operate commercial establishments as part of hotel service, and sports facilities); CA990037 - 17 04/16/1999 Cement mason (magnesite, magnesite - terrazzo and mastic composition, epoxy, urethanes and exotic coatings, Dex -O -Tex) 18.97 8.43 Cement mason, floating and troweling machine operator 19.10 8.43 All other work: Cement mason; curb and gutter machine operator; Clary and similar type of screed operator (cement only); grinding machine (all types); Jackson vibratory, Texas screed and similar type screed operator; scoring machine operator 20.81 10.43 Cement mason (magnesite, magnesite - terrazzo and mastic composition, epoxy, urethanes and exotic coatings, Dex -O -Tex) 20.93 10.43 Cement Mason - floating and troweling machine operator 21.06 10.43 FOOTNOTE: Work on a swinging stage, bosun chair, or suspended scaffold, whether swinging or rigid, above or below ground: $0.25 per hour additional. ---------------------------------------------------------- - - - - -- PLUM0016B 07/01/1996 Rates Fringes PLUMBER; STEAMFITTER: Fort Irwin Army Base, Marine Corps Logistic Base at Nebo, Marine Corps Logistic Base at Yermo and Twenty -Nine Palms Marine Base 31.81 7.54 George Air Force Base 30.56 7.54 Remainder of County 28.31 7.54 ---------------------------------------------------------- - - - - -- PLUM0345A 07/01/1998 Rates Fringes LANDSCAPE & IRRIGATION FITTER 23.23 6.80 ---------------------------------------------------------- - - - - -- PLUM0364A 03/09/1998 Rates Fringes REFRIGERATION & AIR CONDITIONING 24.98 6.34 ---------------------------------------------------------------- ROOF0146A 09/01/1994 Rates Fringes CA990037 - 19 04/16/1999 GROUP 8 22.82 11.89 GROUP 9 23.02 11.89 GROUP 10 23.32 11.89 GROUP 11 23.82 11.89 REMAINDER OF COUNTY: GROUP 1 19.79 11.89 GROUP 2 19.94 11.89 GROUP 3 20.07 11.89 GROUP 4 20.26 11.89 GROUP 5 20.20 11.89 GROUP 6 20.32 11.89 GROUP 7 20.57 11.89 GROUP 8 20.82 11.89 GROUP 9 21.02 11.89 GROUP 10 21.32 11.89 GROUP 11 21.82 11.89 TRUCK DRIVER CLASSIFICATIONS GROUP 1: Truck driver GROUP 2: Driver of vehicle or combination of vehicles - 2 axles; Traffic control pilot car excluding moving heavy equipment permit load; Truck - mounted broom GROUP 3: Driver of vehicle or combination of vehicles - 3 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 vahicles - 4 or more axle; Oil spreader truck; Dump truck, 16 yds. to 25 yds. water level GROUP 7: A Frame, Swedish crane or similar; Forklift driver; Ross carrier driver GROUP 8: Dump truck, 25 yds. or more water level; Truck repair person; Water pull - single engine; Welder GROUP 9: Truck repair person /welder; Low bed driver, 9 axles or over GROUP 10: Dump truck - 50 yds. or more water level; Water pull - single engine with attachment CA990037 - 21 04/16/1999 interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 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, D. C. 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION CA990037 - 23 04/16/1999 III E Q U A L E M P L O Y M E N T R E G U L A T I O N S AFFIRMATIVE ACTION COMPLIANCE GUIDELINES FOR CONSTRUCTION AND NON - CONSTRUCTION CONTRACTORS Action Policy, including methods of recruiting minorities and women. The contractor is required to submit an Affirmative Action Compliance Plan annually- for subsequent prequsli- f1cation. Contractors desiring to act as subcontractors may receive annual prequalification and be placed upon a list of annually prequalified sub- contractors which will be made avail- able by the Contract Compliance Officer to prime contractors to facilitate : their choice of subcontractors. E- Affirmative Action Plan For Hon - Construction Contractors can be net as follows: L Prior to being awarded the contract, the contractor must have the "Contract Compliance Qualifying Report for Non - Construction Contractors and Vendors" (attached), approved by the Implementing entity contract compliance officer. In addition, the contractor or vendor may be requested to submit to the Contract Compliance Officer additional information concerning the contractor's Affirmative Action policies. C- Affirmative Action Plan for Subcontractors can be net as follows: 1. Prior to a subcontractor starting work for a contractor, the subcontractor must comply with Part II, Section' A above for construction subcontracts ind Part II, Section 8 above for non - construction subcontracts. The contractor is responsible to ensure that all of his subcontractors are in compliance. Z. Contractors are encouraged to use subcontractors who have been approved for annual prequslification (if available). =' CI'ION_'U7n THE COFITAC? CWLIANCE D-r-FICE A_ 2re Contract Compliance Offleer Will review each Affirmative Action Program as submitted. Zf the contractor's Affirmative Action Plan Is not approved by the Contract Compliance Officer, the Contract Complssnce Officer shall notify the contractor of the reasons for disapproval of the plan, and of the implementing entity's requirements for an acceptable plan. the contractor shall be allowed ten (10) working days in which to develop and submit a revised Affirmative Action Plan for review and approval by the Contract Compliance Officer. I. Appeal Procedure. 2. A contractor who has submitted a program which is not approved by the Contract Compliance Officer may Appeal that determination to the implementing entity's legislative body through their Administrative Officer. All appeals shall be in writing, signed by the person appealing or that person's authorized representative and shall filed Contract Compliance Officer within ten (10) working days after receiving notice Of disapproval. 2. The appeal should explain the reason why the action of the Contract Compliance Officer should not have been taken. Failure of the contractor to appeal within ten (10) working days of notice of disapproval shall cake the action taken by the Contract Compliance Officer final. C. On -site visits may be conducted to verify the accuracy of the contractor's Affirmative Action statistical data. In addition, contractors will be required to annotate entries on their payroll reports with the following codes: A • Lhite (not of Hispanic origin): All persons having origins in any of the original peoples of Europe, !forth Africa, the Biddle East, or the Indian subcontinent. 8 - Black (not of Hispanic origin): All persons having origins in any of - the black racial groups. C 0 Hispanic: All persons of `iexico, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race. D Asian or Pacific Islanders: All Persons having origins in any of the Far East, Southwest Asia or the Pacific Islands. This area Includes, for example, China, Japan, Korea, the Philippine Islands and Sss:aa. E • American Indian or Alaskan Native: All persons having origins in any of the original peoples of North Amrica. K • WILE MLOM F • FE?V -LE DgWYEE K • WMICAPPED W14YEE V • VIETNAM -ERA VETERAN EQUAL OPPORTUNITY REQUIREMENTS 1. Contractor agrees to fully comply with the laws and programs (including regulations issued pursuant thereto) which are listed following this paragraph. Such compliance is required to the extent such laws, programs and their regulations are, by their own terms, applicable to this contract. Contractor warrants that he will make himself thoroughly familiar with the applicable provisions•of said laws, programs, and regulations prior to co=encing performance of the contract. Copies of said laws, _ programs, and regulations are available upon request from the implementing entity's Contract Compliance Officer. To the extent applicable, the provisions of said laws, programs and regulations are deemed to be a part of this contract as if fully set forth hereia. 2. Vietnam Era Veterans' Readjustment Assistance Acts of 1972 and 1974,•. as amended. Pub. L. 92-540, Title V, Sec. 503 (a), Publ. L. 93 -508, Title IV. Sec. 402 138 USCA 2011 - 2013). 3. Rehabilitation Act of 1973, as amended (Handicapped) Pub. L. 93 -112 as amended. [29 USCA 701 -794). 4. California Fair Employment Practice Act. Labor Code Secs. 1410 et seq. t S. Civil Rights Act of 1964, as amended (42 USCA 2000a to 2000H - -6) and Executive Order Ho. 11246, September 24, 1965, as amended. 6. The Contractor will include the provisions of Equal Employment Opportunity (EEO) - Executive Order (EO) 11246 as amended by EO 11375 in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1985, as amended to that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the Contractor. becomes involved in, or is threatened with, litigation with a subcontractor or vender as a result of such direction by the contracting agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant to participating is a State or local government,-the above equal opportunity-clause is not applicable to any agency, Instrumentality or subdivision of such government which does not participate in work on or under the contract. AFFIRMATIVE ACTION FOR DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA ?his clause is inserted pursuant to Executive Order 11701 of January 24, 1973 and the Vietnam Era Veterans Readjustment Assistance Acts of 1972 and 1974 (P.L. 92 -540, 93 -508), and is applicable pursuant to 41 CFR Sec. 60 -250. (1) The Contractor will not discriminate against any employee or applicant for employment because he or she is a disabled veteran or veteran of the Vietnam Era in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified disabled veterans and veterans of the Vietnam Era without discrimination based upon their disability or veterans status in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation,.. and selection for training, including apprenticeship. (2) The Contractor agrees that all suitable employment openings of the Contractor which exist at the time of the execution of this contract and those which occur during the performance of this contract, including those not generated by this contract and including those occurring at an establishment of the Contractor other than the one wherein the contract is being performed but excluding those of Independent operated corporate affiliates, shall be listed at an appropriate local office of the State employment service system wherein the opening occurs. The Contractor further agrees to provide such reports to such local office regarding employment openings and hires at may be required. (3) Listing of employment openings with the employment service system pursuant to this clause shall be made at least concurrently with the use of any other recruitment source or effort and shall involve the normal obligations which attach to the placing of a bona fide job order, including the acceptance of referrals of veterans and nonveterans. The listing of employment openings does not require the hiring of any particular job applicant or from any particular group of job applicants, and nothing herein is intended to relieve the Contractor from any requirements in Executive Orders or regulations regarding nondiscrimination in employment. (4) The reports required by paragraph (2) of this clause shall include, but not be limited to, periodic reports which shall be filed at least quarterly with the appropriate local office or, where the Contractor has more than one hiring location in a State, with the central office of that State employment service. Such reports shall.indicate for each hiring location, 1&) the number of individuals hired during the reporting period, (b) the number of nondisabled veterans of the Vietnam Era hired, (c) the number of disabled veterans of the Vietnam Era hired, and (d) the total number of disabled' veterans hired. The reports shall* include covered veterans hired for AFFIR.KATIVE ACTION FOR DISABLED VETERANS page 3 of 3 (6) (Cont'd) (b) "Appropriate office of means the local office of public employment o serving the area where including the District Virgin Islands. the State employment service system" of the Federal - State national system ffices with assigned responsibility for the employment opening is to be filled, of Columbia, Cuam, Puerto Rico and the (c) "Openings which the Contractor proposes to fill from within his own organization" means employment openings for which no consideration will be given to•persons outside the Contractor's organization (including any affiliates, subsidiaries and the parent companies) and includes any openings which the Contractor proposes to fill from regularly established "recall" lists. (d) "Openings which the Contractor proposes to fill 'pursuant to a customary and traditional employer - union hiring arrangement" means employment openings which the Contractor proposes to fill from union halls, which is part of the customary and traditional hiring relationship which exists between the Contractor and representatives of his employees. (9) The Contractor agrees to comply with the rules, regulations and relevant orders of the Secretary of Labor issued pursuant to the Act. (10) In the event of the Contractor's noncompliance with the requirements of this clause; actions for noncompliance may be taken in accordance with the rules, regulations and relevant orders of the Secretary of Labor.issued pursuant to the Act. (11) The Contractor agrees to post is conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Director, provided by or through the contracting officer. Such notices shall state the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified disabled veterans and veterans of the Vietnam Era for employment, and the rights of applicants and employees. (12) The Contractor will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the Contractor is bound by the to ms of the Vietnam Era Veterans' Readjustment Assistance Act, and is committed to take affirmative action to employ and advance in employment qualified disabled veterans and veterans of the Vietnam Era. (13) The Contractor will include the provisions of this clause in every subcontract or purchase order of $10,000 or more unless exempted by rules, regulations or orders of the,Secretary issued pursuant to the Act, so that such provisions will be binding upon each subcontractor or vender_ ..TH. r,,.. «« __,.. - . _ _ U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT -- STANDARDS OF CONDUCT ...... K�+a ►La.GYV %0& ..v...t& a& 4L"" U&U&U tJCl�G10peGIIC Office of Inspector General S T A X D A I D S O h C O N D U C T C D a G R E C I P I Z X T S INTRODUCTION Elected officials, employees of Community Development Block Grant _recipients and contractors are those responsible for administering the entitlement program and are also responsible for the programs integrity. Following sound business practices, prescribed standards of conduct and HUD requirements vill not only protect HUD grant funds but also those who administer the program. p V R P O S E 'This notice provides information on specific activities that you must avoid and identifies key HUD requirements that must be met. The prohibited activities listed here reflect problem areas that have gotten block grant recipients into trouble in the past. The purpose of this flyer is to prevent fraud and program abuse by alerting key officials to these problems -ahead of time. A U T E 0 R I T I Z S The pertinent laws and regulations that apply to the CDBC Entitlement program that you should have copies of are: Housing and Community Development Act of 1974 as amended in 1983. Community Development Block Grant Regulations (24CFR Part 570). If you do not have copies of these requirements or need further Information, contact your local HUD office. P X O C T A X I Z Q U I R Z X Z V T S A N D P 1 0 R I E I T Z D A'CTIQITIES 1. Conflict of Interest CDBC Regulations (24CFR, Part 570.611) prohibit conflicts of interest. For any CDBC activities under your control or influence you May Nots a. Obtain personal or financial interest or benefits including money, favors, gratuities, entertainment or anything of value that might be Interpreted as conflict of interest. b. Obtain a direct or indirect interest in any contract, subcontract or agreement for any CDBC activity. This prohibition extends to contracts In which your spouse, minor child, dependent or business associate may -have personal or financial interest. This prohibition extends for a; period of one year after you leave your position with a CDBC activity or program. STANDARDS OF CONDUCT ' Pige 3 of 3 . b. Establish a special ledger account for all CDBC monies. c. Maintain financial records including: * a register of cash receipts and disbursements; * a record of all noncash transactions; * general ledger to show the status of each CDBC account; * a fixed account ledger, and * a record of Jump-sum drawdowns, Treasury checks received and balances, of Federal funds. d. Ensure that you maintain financial records. Financial records and files gust be maintained for three years. e'. Use income generated from grant activities for other eligible activities. f. Ilse rrogram income before drawing additional grant funds to pay for allowable program expenses. You Must Not 'draw down more funds than are needed for your CDBC activities ' and those of subgrantees. L. Cast Allovability You 'Must comply with OMB Circular A -87, Coat Principles for State and Local Governments. You May Hot spend CDBG funds on ineligible activities Including: r. Expenses required to carry out the regular responsibilities -of the general local government. b. Partisan political activities (e.g., contributions toward political campaigns, voter registration or candidate forums). CDBG regulations state that you Must Not:- Ilse CDBG funds to assist buildings used for the general conduct of government (e.g., city halls, county administration buildings, etc.). S. Program Monitories= GMB Circular A -102, Attachment 1, states that you Must constantly monitor she performance of grant- supported activities to assure that time schedules are being met, projected work-units by time periods are being -accomplished, and other performance goals are being achieved. X= suggests that you: a. Xtep records of your on -site visits to subgrantees and contractors. b. Place special emphasis on your monitoring of the highest risk subrecipients and contractors. DIVISION 01 GENERAL REQUIREMENTS 01 010 SUMMARY OF THE WORK 01 011 WORK COVERED BY CONTRACT DOCUMENTS 01 016 CONTRACTOR USE OF PREMISES 01 020 ALLOWANCES 01020 ALLOWANCES 01 025 MEASUREMENT AND PAYMENT 01 030 ALTERNATES & ALTERNATIVES 01 040 COORDINATION O1 043 JOB SITE ADMINISTRATION 01 045 CUTTING & PATCHING 01 060 REGULATORY REQUIREMENTS 01 062 EASEMENTS, PERMITS, & REGULATIONS 01 090 REFERENCES 01092 ABBREVIATIONS 01 200 PROJECT MEETINGS 01 210 PRECONSTRUCTION CONFERENCE 01 220 PROGRESS MEETINGS 01 245 INSTALLATION MEETINGS 01 300 SUBMITTALS 01301 GENERAL 01 315 SUBMITTAL SCHEDULE 01 340 SHOP DRAWINGS, PRODUCT DATA, & SAMPLES 01 400 QUALITY CONTROLS 01 410 TESTING LABORATORY SERVICES 01 440 CONTRACTOR'S QUALITY CONTROL 01 500 CONSTRUCTION FACILITIES & TEMPORARY CONTROLS 01 510 TEMPORARY UTILITIES 01 525 CONSTRUCTION AIDS 01 560 TEMPORARY CONTROLS 01 590 FIELD SHEDS 01 600 MATERIAL & EQUIPMENT 01 610 DELIVERY, STORAGE, & HANDLING 01 620 INSTALLATION STANDARDS 01 630 PRODUCT OPTIONS & SUBSTITUTIONS TC-1 Division 01 DIVISION 01 GENERAL REQUIREMENTS 01 010 SUMMARY OF THE WORK 01 011 WORK COVERED BY CONTRACT DOCUMENTS 1. Conditions a. General Conditions and other contractual documents apply to each Division of the Specifications. b. Provisions contained in this Division apply to each Division of the Specifications. 2. Unless otherwise provided, Contractor shall provide at his expense all materials, labor, equipment, tools, transportation, and utilities, including cost of connection, necessary for successful completion of Project. 3. Taxes a. Except as contained in the Supplementary Conditions, sales, use, payroll, unemployment, old age pension, and surtax applicable to this Project shall be paid by Contractor with the exception of sales or use tax on materials furnished by Owner. b. Taxes and assessments on real property comprising the site of this Project shall be paid by Owner. 01 016 CONTRACTOR USE OF PREMISES 1. See Page 1, Item 6, Instructions to Bidders. 01.1 Division 01 01 025 MEASUREMENT & PAYMENT PART 1 GENERAL 1.1 SUMMARY A. Includes But Not Limited To 1. Administrative and procedural requirements governing Contractor's Applications for Payment. B. Related Sections 1. Section 01300, Submittals - Contractor's Construction Schedule & Submittal Schedule 1.2 SCHEDULE OF VALUES A. Submit schedule of dollar values to Architect not less than 20 days before submission of first Payment Request as a condition precedent to processing first payment. Coordinate preparation of Schedule of Values with preparation of Contractor's Construction Schedule. Correlate line items in Schedule of Values with other required administrative schedules and forms, including 1. Contractor's Construction Schedule. 2. Payment Request form. 3. Subcontractors & Suppliers List. 4. Schedule of submittals. 5. Schedule of allowances. 6. Schedule of alternates. B. Format & Content - Submit Schedule of Values on approved Payment Request form. The breakdown shall include pro rata part of overhead and profit for each line item so sum of items will equal Contract Sum. Breakdown shall correspond to items of work in Contractor's Construction Schedule including work of Subcontractors. 1.3 PAYMENT REQUESTS A. Each Payment Request shall be consistent with previous requests and payments certified by Architect and paid by Project Administrator. Initial Payment Request, Payment Request at time of Substantial Completion, and final Payment Request involve additional requirements specified below. B. Payment Request Forms - Use Payment Request forms provided by Agency. C. Request Preparation 1. Complete every entry on Payment Request form. Incomplete applications will be returned without action. 2. Entries shall match data on Schedule of Values and Contractor's Construction Schedule. Use updated schedules if revisions have been made. 3. Include amounts for Modifications issued before last day of construction period covered by request. D. Transmittal - Submit a single executed original Payment Request form to Architect. Include waivers of lien and similar attachments when required. Transmit each Payment Request form with transmittal form listing attachments and recording appropriate information related to request as directed by Architect. 01 -3 Division 01 b. Keep Unit Price Daily Log on Project site. Submit copy of log at each progress meeting. Submittal shall consist of entries entered since previous progress meeting. c. At Substantial Completion, provide Architect with two copies of log in two loose leaf binders, one copy to be turned over to Owner. 2. Contract sum shall be adjusted by change order to reflect actual quantities for each Unit Price. END OF SECTION O1 -5 Division 01 01 040 COORDINATION 01 043 JOB SITE ADMINISTRATION 1. Workmen a. Contractor shall at all times enforce strict discipline and good order among his workmen and shall not employ on the Work any unfit person or anyone not skilled in the work assigned to him. b. Smoking - 1) Contractor shall provide appropriate places on the Project site for those persons desiring to smoke during the course of construction. 2) There shall be no smoking in existing building. C. Alcoholic beverages will not be allowed on Project at any time. 2. Sunday Work a. Work will not be permitted on the Project on Sunday except for emergency work. 3. Bracing, Shoring, & Sheathing a. Contractor shall design, furnish, and install all shoring, bracing, and sheathing as required for safety and for proper execution of the work and have same removed if required when the Work is completed. 4. Protection Of Persons a. Contractor shall provide installation and maintenance of necessary precautions to protect all persons on the site, including members of the general public, from injury or harm, including but not limited to: 1) Posting of appropriate warning signs in hazardous areas. 5. Protection Against Weather a. Contractor shall at all times provide protection against weather (rain, winds, storms, frost, or heat) so as to maintain all work, materials, apparatus, and fixtures free from injury or damage. At the end of the day's work, all new work likely to be damaged shall be covered. b. During cold weather, Contractor shall protect all work from damage. If low temperatures make it impossible to continue operations safely in spite of cold weather precautions, Contractor shall cease work and so notify Architect. 6. Protection Of Existing Work a. Contractor shall protect all streets, private roads, and sidewalks, including overhead protection where required, and shall make all necessary repairs for damage thereto during course of the work at his own expense. b. Any work damaged by failure to provide protection shall be removed and replaced with new work at Contractor's expense. 7. Protection Of Adjacent Property a. Contractor shall provide all necessary protection for adjacent property. 8. Acceleration Of The Work a. If, in judgment of Architect, Project Administrator, or Owner, it becomes necessary at anytime to accelerate the Work or a portion thereof, Contractor, when ordered or directed by Architect or Owner, shall deploy the workmen in such portions of the Project where directed to enable others to properly engage and carry on their work. 1) If circumstances require that the entire Work or a portion thereof be completed at a date earlier than contract completion date as adjusted by change orders, Contractor, when ordered or directed by Owner or Architect, shall increase his forces, equipment, hours of work, and /or number of shifts and shall expedite delivery of materials to meet the altered completion date or dates ordered or directed. Any increase in cost to Contractor in compliance with such orders or directives will be adjusted in accordance with the Work. 01 -7 Division 01 01 060 REGULATORY REQUIREMENTS 01 062 EASEMENTS, PERMITS & REGULATIONS 1. Easements a. Permanent easements necessary for completion of this Work shall be procured and paid for by Owner. 2. Permits a. Contractor shall obtain and pay cost of permits, licenses and fees necessary for completion of this Work. Owner shall reimburse contractor for cost of permits and fees upon submittal of original receipts. b. Contractor shall secure certificates of inspection and of occupancy that may be required by authorities having jurisdiction over the Work. He shall deliver these certificates to Architect prior to execution of Certificate of Substantial Completion. Regulations a. Contractor and others working under his jurisdiction shall perform all work in compliance with laws, regulations, and ordinances of any kind required by governmental authority or other agency having jurisdiction over this Work. b. If Contractor observes that Contract Documents are in variance with any laws, regulations, and ordinances, he shall notify Architect and shall not proceed unless necessary changes required for compliance with said laws, regulations, and ordinances have been effected as provided in General Conditions. Contractor shall be fully responsible for any work knowingly performed contrary to said laws, regulations, and ordinances and shall fully indemnify Owner against loss and bear all costs and penalties arising therefrom. 01 -9 Division 01 01 200 PROJECT MEETINGS .ldz�v 01 210 PRECONSTRUCTION CONFERENCE Co 1. A preconstruction conference between Architect, Owner's representative, and Contractor fia1I be held at the site prior to commencement of the Work. a. This meeting shall be for the purpose of ✓ rrti� `J r 1) Resolving current problems c( 2) Further orienting Contractorequirements of Contract Documents 3) Informing Contractor of Architect's responsibility to Owner for inspection 4) Working out with Contractor a general schedule of inspection 01 220 PROGRESS MEETINGS 1. Periodic job site meetings will be held by Architect. a. Contractor shall attend such meetings and shall require subcontractors to attend as necessary. b. These meetings are for the purpose of - 1) Insuring that all activities are being coordinated property on project, 2) Assisting in staying on schedule. 3) Checking status of - a) Submittals b) Changes c) Progress payments 4) Review of other matters 01 245 INSTALLATION MEETINGS 1. Installation meetings between Architect, Contractor, and Item or system suppliers /installers shall be held at the site prior to commencement of work specked in trade Sections requiring such a meeting. a. Meetings shall be for the purpose of - 1) Verifying that completed work is ready for installation of items or systems. 2) Resolving conditions not in compliance with installation requirements. 3) Establishing installation and inspection schedule. 4) Reviewing and confirming requirements of Contract Documents. 5) Reviewing coordination between trades. 6) Reviewing requirements of other trades which affect work of trade Section. 7) Reviewing other items specified in individual Sections. 2. Sections of Project Manual in which installation meetings are specified - a. Section 08 700 - Hardware b. Section 09 680 - Carpet C. Section 09 900 - Painting 01 -11 Division 01 b. Review By Architect - 1) Review of shop drawings and samples by Architect shall not be construed as a complete check but will indicate only that the general method of construction and detailing is .satisfactory. Review of such drawings and samples will not relieve Contractor of responsibility for any error which may exist in the submittals. Review of such shop drawings and samples does not relieve Contractor of responsibility to comply with Contract Documents. 2) Divisions and Sections of the Project Manual requiring submission of shop drawings and samples to Architect are as follows. If a broadscope Section heading is given, all of the subsections in that Section are to submit shop drawings. Submit three copies of shop drawings and other submittals and two samples unless specified otherwise. a) Submit shop drawings to Architect related to - (1) All submissions required by Divisions 15 and 16. (2) Balancing of Mechanical Systems - Section 13 350 (3) Hollow Metal Frames - Section 08 112 (4) Flush Wood Doors - Section 08 211 b) Submit samples to Architect related to - (1) Painting - Section 09 900 3) Shop drawings and samples reviewed by Architect will be identified as having received such review by being so stamped and dated. If review 'with exception' or 'as noted' by Architect is so identified, stamped, and dated, Contractor shall comply with notations shown. If such qualified review is shown or if the shop drawings are not reviewed by Architect or if resubmission is so directed, Contractor shall make any corrections required or indicated by Architect at Contractor's expense. 4) One copy of each shop drawing and one of each sample will be retained in Architect's office until completion of the Project. 4. No work requiring a shop drawing or sample submission shall be commenced until submission has been reviewed by Architect. 01 -13 Division 01 01 500 CONSTRUCTION FACILITIES & TEMPORARY CONTROLS 01 510 TEMPORARY UTILITIES Electricity a. Contractor shall provide all temporary wiring, outlets, etc. 1) Temporary electrical system shall comply with local codes and Article 305, Temporary Wiring, of the National Electrical Code. 2. Lighting a. Contractor shall provide wiring, outlets, and fixtures for temporary lighting. 1) Unless arranged for differently, Contractor will supply power as specified in Electricity Paragraph above. 3. Heating, Cooling, & Ventilating a. Existing Building - 1) Unless arranged for differently, existing facilities may be used, at Contractor's expense, to maintain minimal heating and cooling requirements providing that - a) Normal set -back temperature patterns shall not be interfered with except as specifically required otherwise to meet construction requirements. b) Existing system is protected from contamination by construction dust and debris and filters are maintained in a clean condition and replaced with new at completion of construction. b. Specific heating requirements include but are not limited to - 1) Gypsum Plaster - Uniform temperature of 55 deg F minimum for a week before application of plaster, during plastering operations, and until plaster is dry. 2) Gypsum Board - 55 deg F minimum day and night during entire joint treatment operation and until execution of Certificate of Substantial Completion. 3) Painting - 55 deg F minimum during painting operations and until dry. 4. Telephone a. Contractor shall install a job telephone at his own expense. b. Local calls shall be paid for by Contractor. Long-distance and toll calls shall be paid for by party making the call. 5. Sanitary Facilities a. Contractor shall provide and maintain a sanitary temporary toilet. b. Temporary outside toilet shall be removed at completion of the job. 6. Fire Protection a. Contractor shall provide and maintain in working order two Standard UL Labeled ABC all purpose 10 lb fire extinguishers. These extinguishers shall not be incorporated into the final Project. 01 525 CONSTRUCTION AIDS Scaffolding, Platforms, Etc a. Contractor or his subcontractors shall furnish and maintain all equipment such as temporary stairs, ladders, ramps, platforms, scaffolds, hoists, runways, derricks, chutes, elevators, etc, as required for proper execution of the work. b. All apparatus, equipment, and construction shall meet all requirements of the Labor Law, safety regulations, and other State or local laws applicable thereto. 01 -15 Division 01 O1 600 MATERIAL & EQUIPMENT 01 610 DELIVERY, STORAGE, & HANDLING 1. Materials shall be delivered to the site in original packaging with labels and trademarks intact, and such labels and trademarks shall remain intact until used. 2. Contractor shall confine his apparatus, storage of materials, and operations of his workmen to limits indicated by law, ordinances, and permits and shall arrange and maintain parking of vehicles and storage of materials in an orderly manner leaving all walks, driveways, roads, and entrances, unencumbered. 3. Protect equipment on site from physical damage and from the elements by measures satisfactory to Architect. Rotate rotating equipment four turns once each week during construction. 01 620 INSTALLATION STANDARDS 1. Manufacturer's Directions a. Follow Manufacturer's directions unless otherwise indicated in Contract Documents. 01 630 PRODUCT OPTIONS & SUBSTITUTIONS 1. When several products are specified in the Contract Documents by name for one use, Contractor may select any one of those specified. However, use only products from a single manufacturer for one use, 2. Wherever a product or class of material is specified exclusively by trade name, name of maker, or by catalog reference, use only such specified product unless Architect's approval for a substitution has been secured by Addendum. Products and materials not specked in the Contract Documents and installed in the Work shall be removed and replaced by specified products and materials at no additional cost to Owner and for no additional time added to Contract. 3. Wherever words 'Approved by`, "Satisfactory to', 'submitted to ", "inspected by," or similar phrases are used in these specifications, they shall be understood to mean that the material or item referred to shall be approved by, be satisfactory to, submitted to, or inspected by Architect. 01 -17 Division 01 2. Substantial Completion Inspection a. At substantial completion inspection, unless building is rejected, Owner, Architect, and Contractor will execute a Certificate of Substantial Completion which states dates for - 1) User occupancy 2) Commencement of warranties 3) Final acceptance meeting 4) Modifications to the amount assessed for liquidated damages b. After inspection and if necessary, Architect will furnish final list of items to be corrected. 3. Final Acceptance Meeting a. Final acceptance meeting will ensure that deficiencies noted at the substantial completion inspection have been corrected according to terms of the substantial completion certificate. b. When all items have been corrected, Architect will issue a letter to Owner authorizing final payment. 01 720 PROJECT RECORD DOCUMENTS Contractor shall deliver to Architect prior to substantial completion inspection: a. Accurate record drawings and letters of the work illustrating and defining work constructed in any way at variance to that shown on Contract Documents. b. Record drawings or descriptive letters for other work ff required by Contract Documents or H requested by Architect. C. Certificates of inspection and of occupancy that may be required by authorities having jurisdiction over the Work. 01 730 OPERATIONS & MAINTENANCE DATA 1. Contractor shall include following information in Operations & Maintenance Manual - a. Submittal for each Section requiring an Operations & Maintenance Manual Data submission to include following elements - 1) Product Data as required by individual Section. Mark manufacturer's product literature to indicate items incorporated into Project. 2) Certifications 3) Copies of specified Warranties 2. Submit Operations & Maintenance Manuals at Pre - Substantial Completion Inspection to allow inspection by Architect, his consultants, and Owner's representatives prior to Final Acceptance Meeting. 3. At time of execution of Certificate of Substantial Completion, Contractor shall turn over completed Operations & Maintenance Manual to Owner. Final payment for Project will not be made until Operations & Maintenance Manual has been completed, submitted, and approved. 01 740 WARRANTIES & BONDS 1. When written guarantees beyond one year after substantial completion are required of any Section of the Work, Contractor shall secure such guarantees and /or warranties properly addressed and signed and in favor of Owner. These documents shall be included in Meetinghouse Operations & Maintenance Manuals required by Contract Documents. 2. Delivery of guarantees and warranties shall not relieve Contractor from any obligation assumed under any other provisions of his contract. 1 Nothing in this Section intends or implies that guarantees and /or warranties shall apply to work abused or neglected by Owner. END OF DIVISION 01 01 -19 Division 01 CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: August 4, 1999 TO: Gary Van Osdel, Executive Director FROM: Melanie Miller, Senior Secretary RE: Transmitting Documents for Signature Attached are the following original documents: Resolution CDC 1999 -27 Resolution CDC 1999 -28 Please obtain signatures where indicated on all copies. Please return everything to the City Clerk's Office as soon as possible to my attention. I will forward to you a file copy when fully executed. If you have any questions, please do not hesitate to contact me at ext. 23212. Thank you. Rachel Clark City Clerk By: Melanie Miller � Senior Secretary °% co I hereby acknowledge receipt of the above mentioned documents. Signed: Date: