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HomeMy WebLinkAbout2016-204 BOUND AGREEMENT I 1 RESOLUTION NO. 2016-204 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO SAN MARINO ROOF 3 COMPANY, INC., FOR CONSTRUCTION OF ROOF REPLACEMENT AT NORMAN 4 F. FELDHEYM CENTRAL LIBRARY IN THE CITY OF SAN BERNARDINO (GB16- 008), PER PLAN NO. 13069. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 6 CITY OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. San Marino Roof Company, Inc., 2187 N. Batavia Street, Orange 8 California 982865-3103 is the lowest responsible bidder for the Construction of Roof 9 Replacement at Norman Feldheym Central Library in the City of San Bernardino (GB16-008), 10 per Plan No. 13069. 1] A contract is awarded accordingly to said bidder in a total amount of$615,434.00 with a 12 contingency amount of $61,566.00 but such contract shall be effective only upon being fully 13 executed by both parties. All other bids, therefore, are hereby rejected. The City Manager is 14 15 hereby authorized and directed to execute said contract on behalf of the City. The Director of 16 Public Works is hereby authorized and directed to execute said contingency not to exceed 17 $61,566.00 on behalf of the City. A copy of the contract is on file in the office of the City Clerk 18 and incorporated herein by reference as though fully set forth at length. 19 SECTION 2. This contract and any amendment or modifications thereto shall not take 20 effect or become operative until fully signed and executed by the parties and no party shall be 21 obligated hereunder until the time of such full execution. No oral agreements, amendments, 22 modifications or waivers are intended or authorized and shall not be implied from any act or 23 course of conduct of any party. 24 SECTION 3. The authorization to execute this contract is rescinded if the parties to the 25 contract fail to execute it within sixty (60) days of passage of this Resolution. 1 I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO SAN MARINO ROOF 2 COMPANY, INC., FOR CONSTRUCTION OF ROOF REPLACEMENT AT NORMAN F. FELDHEYM CENTRAL LIBRARY IN THE CITY OF SAN BERNARDINO (GB16- 3 008),PER PLAN NO. 13069. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 6 19th day of September, 2016, by the following vote, to wit: 7 Council Members: AYES NAYS ABSTAIN ABSENT 8 9 MARQUEZ X 10 BARRIOS X 11 VALDIVIA X 12 SHORETT X 13 NICKEL X 14 RICHARD X 15 MULVIHILL X 16 George Hanna, C C, City Clerk 18 6 19 The foregoing resolution is hereby approved this day of September, 2016. �� 1 20 //�� 21 R. CAREY AVIS, Mayor 22 City of Sa Bernardino Approved as to form: 23 GARY D. SAENZ, City Attorney 24 (� Bye 25 2 COUNCIL MEETING - 9/19116 item 5M Resolution No. 12016-204 C1T OF &AN BERNAR.DINO STATE OF CALM)RNIA BID AND CONTRACT DOCUMENTS PLAINS AND SPECIAL PROWSIONS NO. 13064 FOR ,.n ROOF I PLACED%. NT AT �. NORMAN F. FELDHEYM CENTRAL LIBRARY IN' THE �. CITY OF SAN BEILNA.RDINO (INCLUDES COMA4UNITY DENTLOPMIINT BLOCK GRANT FUNDS) _ r�j1}¢SSjn >4' ri. W No.C 55518 �s Exp' ' CIV1v Of CAll , DEPARTMENT OF PUBLIC WORKS ' CITY OF SST BERNARDINO MARCH 2016 - BIDS WILL BE RECEIVED UP TO THE HOUR OF 2:00 P.M. ON JULY_ 12 _, 2016 v THE FINAL PREMIUM IS This Bond was Executed in PREDICATED ON THE Three (3) Identical Counterparts FINAL CONTRACT PRICE -Performance Bond Bond Number:024069332 Premium:$7,689.00 CONTRACTOR: SURETY: San Marino Roof Co.,Inc. The Ohio Casualty Insurance Company 2187 North Batavia Street 790 The City Drive South,Suite 200 Orange,CA 92865 Orange,CA 92868 OWNER: City of San Bernardino This document has important 444 W.Rialto Ave.,Suite D legal consequences.Consultation San Bernardino,CA 92401 with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor,Surety,Owner or other party shall be considered CONSTRUCTION CONTRACT plural where applicable. Date: This document combines two separate bonds,a Performance Amount:y$615,434.00 Six Hundred Fifteen Thousand Four Hundred Thirty Four And Bond and a Payment Bond,into 00/100 Dollars one form.'This is not a single combined Performance and Description: Payment Bond. Roof Replacement at Norman F.Feldheym Central Library in the City of San Bernardino (GB16-008)Plan No. 13069 BOND Date: i0/20/2010 (Not earlier than Conftt-uction Contract Date) Amount:x$615,434.00 Six Hundred Fifteen Thousand Four Hundred"Thirty Four And 00/100 Dollars Modifications to this Bond: M None ❑ See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate.Seal) Company: (Corporate.Seal) San Marino Roof Co.,Inc. The Ohio Casualty Insurance Company Signatu——_ a,Jk:2 Signature: Name Gregory A' nks Name Dwight Reilly And Title: President and Title:Attorney-in-Fact (Any additional signatures appear on the last page of this Performance Bond.) (NOR INFO BMATION ONLY Name,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Commercial Surety Bond Agency (Architect,Engineer or otherparly:) 1411 N.Batavia St.,Suite 201 N/A Orange,CA 92867,(714) 516-1232 By arrangement with the American Institute of Architects, the National Association of Surety Bond Producers (NASBP) (www.nasbp.org) makes this form document available to its members, affiliates, and associates in Microsoft Word format for use in the regular course of surety business. NASBP vouches that the original text of this document conforms exactly to the text in AIA Document A312-2010, Performance Bond and Payment Bond.Subsequent modifications may be made to the original text of this document by users,so careful review of its wording and consultation with an attorney are encouraged before its completion,execution or acceptance. 1 The Contractor a.nd Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation under this Bond,except when applicable to participate in a conference as provided in Section 3. 3 if there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise after .1 The Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner,Contractor and Surety to discuss the Contractor's performance.If the Owner does not request a conference,the Surety may,within five(5)business days after receipt of the Owner's notice,request such a conference.If the Surety timely requests a conference,the Owner shall attend.Unless the Owner agrees otherwise,any conference requested under this Section 3.1 shall be held within ten(10)business days of the Surety's receipt of the Owner's notice. If the Owner,the Contractor and the Surety agree,the Contractor shall be allowed a reasonable time to perform the Construction Contract,but such an agreement shall not waive the Owner's right,if any, subsequently to declare a Contractor Default; .2 The Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety;and .3 The Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations,or release the Surety from its obligations,except to the extent the Surety demonstrates actual prejudice. §5 when the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense take one of the following actions: S 5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract; §5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent contractors; §5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract,arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence,to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default;or §5.4 Waive its right to perform and complete,arrange for completion,or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation,determine the amount for which it may be liable to the Owner and,as soon as practicable after the amount is determined,make payment to the Owner;or .2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial. 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond,and the Owner shall be entitled to enforce any remedy available to the Owner.If the Surety proceeds as provided in Section 5.4,and the Owner refuses the payment or the Surety has denied liability,in whole or in part,without further notice the Owner shall be entitled to enforce any remedy available to the Owner. S 7 if the Surety elects to act under Section 5.1,5.2 or 5.3,then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract,and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract.Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication,for .1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; By arrangement with the American Institute of Architects, the National Association of Surety Bond Producers (NASBP) (www.nasbp.o ) makes this form document available to its members, affiliates, and associates in Microsoft Word format for use in the regular course of surety business. NASBP vouches that the original text of this document conforms exactly to the text in AIA Document A312-2010, Performance Bond and Payment Bond.Subsequent modifications may be made to the original text of this document by users,so careful review of its wording and consultation with an attorney are encouraged before its completion,execution or acceptance. .2 additional legal,design professional and delay costs resulting from the Contractor's Default,and resulting from the actions or failure to act of the Surety under Section 5;and .3 liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual damages caused by delayed performance or non-performance of the Contractor. 8 if the Surety elects to act under Section 5.1,5.3 or 5.4,the Surety's liability is limited to the amount of this Bond. 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations.No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs,executors,administrators,successors and assigns. 10 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts, purchase orders and other obligations. §11 Any proceeding,legal or equitable,under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond,whichever occurs first.If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. §12 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. S 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted therefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14 Definitions 14.1 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made,including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled,reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. §14.2 Construction Contract.The agreement between the Owner and Contractor identified on the cover page,including all Contract Documents and changes made to the agreement and the Contract Documents. §14.3 Contractor Default.Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to comply with a material term of the Construction Contract. §14.4 Owner Default. Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 14.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. 15 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 16 Modifications to this bond are as follows: By arrangement with the American Institute of Architects, the National Association of Surety Bond Producers (NASBP) (www.nasbp.o ) makes this form document available to its members, affiliates, and associates in Microsoft Word format for use in the regular course of surety business. NASBP vouches that the original text of this document conforms exactly to the text in AIA Document A312-2010, Performance Bond and Payment Bond.Subsequent modifications may be made to the original text of this document by users,so careful review of its wording and consultation with an attorney are encouraged before its completion,execution or acceptance. (Space is provided below far additional signatures of added parties,other Man those appearing on the coverpage.) CONTRACTOR AS PRINCIPAL SURETY Company: (Coporale Seal) Company: (Corporate Seal) Signature: Signature: Name and Tide: Name and Title: Address: Address: By arrangement with the American Institute of Architects, the National Association of Surety Bond Producers (NASBP) (www.nasbp.ors) makes this form document available to its members, affiliates, and associates in Microsoft Word format for use in the regular course of surety business. NASBP vouches that the original text of this document conforms exactly to the text in AIA Document A312-2010, Performance Bond and Payment Bond.Subsequent modifications may be made to the original text of this document by users,so careful review of its wording and consultation with an attorney are encouraged before its completion,execution or acceptance. ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On October 20, 2016 before me, Annette I. Mejia, Notary Public (insert name and title of the officer) personally appeared Gregory A. Banks who proved to me on the basis of satisfactory evidence to be the person(*) whose name(X) is/fie subscribed to the within instrument and acknowledged to me that he/sme/tky executed the same in his/her/tl*r authorized capacity(is), and that by his/Wr/t06ir signature(s� on the instrument the person*, or the entity upon behalf of which the person( ) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ANNETTE I. MEJIA Commission#r 2132734 •: Notary Public-California i j z Orange County My Comm. Expires Dec 3, 2019 Signature (Seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness, accuracy,or validity of that document. State of California County of Orange On 10/20/2016 before me, Karen L. Ritto Notary Public personally appeared Dwight Reilly who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws _ of the state of California that the foregoing paragraph is � ,-� s,aF F^ True and correct. r 1 WITN LS and official seal. Signa re of Notary OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL Performance Bond ❑ CORPORATE OFFICER Title or Type of Document Four ❑ PARTNER(S,) Number of Pages ❑ MEMBER of LLC ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) 10/20/2016 ❑ GUARDIAN/CONSERVATOR Date of Document OTHER: SIGNER IS REPRESENTING: Signer(s)other than named above NAME OF PERSON(S)OR ENTITY(IES) THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 7435547 American Fire and Casualty Company Liberty Mutual Insurance Company Bond No 024069332 The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: ThatAmerican Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and WestAmerican Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Andrew Waterbury;Arturo Ayala;Daniel Huckabay;Dwight Reilly;Michael Castaneda;Shaunna Burchfiel all of the city of Orange state of CA each individually if there be more than one named,its true and lawful attorney-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 29th day of July 2016 American Fire and Casualty Company 13 Fyn CaS v I v,`' tiu u r h}N5 The Ohio Casualty/ Company N Insurance J Liberty Mutual Insurance Company m < 1906 0 1919 n 1912 1991 1 o Q y West American Insurance Company y *�1 .0 By: = STATE OF PENNSYLVANIA ss David M.C are y;Assistant Secretary «; COUNTY OF MONTGOMERY dCD On this 29th day of July 2016 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and v .� a) Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Insurance Company,and West American Insurance Company,and that he,as such,being authorized so to do, >,W O execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. m C d > IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written. O Q t0 P PAs COMMONWEALTH OF PENNSYLVANIA +�•'O Qti µoNweQTFf! Notar31 Seal ®�' Teresa Pastella,Notary Public By: /�i �.�% A O O i OF Plymouth Twp.,Montgomery County L q V��y I My Commission Expires March 28,2017 Teresa Pastella,Notary Public 3 O �`Q1� �`� Member,Pennsylvania Association of Notaries d E Rry=m This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company,The Ohio Casualty Insurance yo O NCompany,Liberty Mutual Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: eo L ARTICLE IV—OFFICERS--Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject O C +) to such limitation as the Chairman or the President may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, �+y O S acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact,subject to the limitations set forth in their respective •C E y^ powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so O p executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under >.0 the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. r+04 M C ARTICLE XIII—Execution of Contracts—SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, , > d and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may necessary to actin behalf of the Company to make,execute, �.M Z seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their C a0 respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so v o executed such instruments shall be as binding as if signed by the president and attested by the secretary. O c0 Certificate of Designation—The President of the Company;acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- ~ fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization—By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I,Gregory W.Davenport,the undersigned,Assistant Secretary,of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 20th day of October _20 16 �vU 1;.9 0C1S' r 1913 �P L 9vS. f F`t n 1Fi9V_c9S aA 1 lq- By: Gregory/WI�.r�DaIv!!e¢/ntp!�o�rt,Assistant Secretary 196 of 300 LMS 12873 122013 THE FINAL PREMIUM IS .This Bond was Executed in PREDICATED ON THE Three (3) Identical Counterparts FINAL CONTRACT PRICE .Payment Bond Bond Number:024069332 CONTRACTOR: SURETY: San Marino Roof Co.,Inc. The Ohio Casualty Insurance Company 2187 North Batavia Street 790 The City Drive South,Suite 200 Orange,CA 92865 Orange,CA 92868 OWNER: This document has important legal City of San Bernardino consequences.Consultation with 444 W.Rialto Ave.,Suite D an attorney is encouraged with San Bernardino,CA 92401 respect to its completion or modification. CONSTRUCTION CONTRACT Any singular reference to Contractor,Surety,Owner or Date: other party shall be considered plural where applicable. Amount: $615,434.00 Six Hundred Fifteen Thousand Four This document combines two Hundred Thirty Four And 00/100 Dollars separate bonds,a Performance Bond and a Payment Bond,into one form.This is not a single Description: combined Performance and Roof Replacement at Norman F.Feldheym Central Library in the Payment Bond. City of San Bernardino(GB16-008)Plan No. 13069 BOND Date: 10/20/2016 (Not earlier titan Constriction Contract Date) Amount:$615,4341.00 Six Hundred Fifteen Thousand Four Hundred Thirty Four And 00/100 Dollars Modifications to this Bond: M None ❑ See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) San Marino Roof Co.,Inc. The Ohio Casualty Insurance Company Signatur Signature: Name Gregoxy A. auks Name Dwight Reilly and Title: President and Title: Attorney-in-Fact (Any adrtt7ional signatures appear on the last page of thin Payment Bond) (FOR INFORMATION ONLY Name,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Commercial Surety Bond Agency (Architect,Engineer or otherparty.) 1411 N.Batavia St.,Suite 201 N/A Orange,CA 92867, (714) 516-1232 By arrangement with the American Institute of Architects, the National Association of Surety Bond Producers(NASBP) (www.nasbp.org)makes this form document available to its members,affiliates,and associates in Microsoft Word format for use in the regular course of surety business.NASBP vouches that the original text of this document conforms exactly to the text in AIA Document A312-2010, Performance Bond and Payment Bond. Subsequent modifications may be made to the original text of this document by users,so careful review of its wording and consultation with an attorney are encouraged before its completion,execution or acceptance. 1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner to pay for labor,materials and equipment furnished for use in the performance of the Construction Contract,which is incorporated herein by reference,subject to the following terms. §2 If the Contractor promptly makes payment of all sums due to Claimants,and defends,indemnifies and holds harmless the Owner from claims,demands,liens or suits by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract,then the Surety and the Contractor shall have no obligation under this Bond. 3 If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13)of claims,demands,liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims,demands,liens or suits to the Contractor and the Surety. §4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and at the Surety's expense defend,indemnify and hold harmless the Owner against a duly tendered claim,demand,lien or suit. 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: §5.1 Claimants,who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor,stating with substantial accuracy the amount claimed and the name of the party to whom the materials were,or equipment was,furnished or supplied or for whom the labor was done or performed,within ninety(90)days after having last performed labor or last furnished materials or equipment included in the Claim;and .2 have sent a Claim to the Surety(at the address described in Section 13). §5.2 Claimants,who are employed by or have a direct contract with the Contractor,have sent a Claim to the Surety (at the address described in Section 13). §6 If a notice of non-payment required by Section 5. 1.1 is given by the Owner to the Contractor,that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. 5 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5 2,whichever is applicable,the Surety shall promptly and at the Surety's expense take the following actions: §7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim,stating the amounts that are undisputed and the basis for challenging any amounts that are disputed;and §7.2 pay or arrange for payment of any undisputed amounts. §7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim,except as to undisputed amounts for which the Surety and Claimant have reached agreement.If,however,the Surety fails to discharge its obligations under Section 7.1 or Section 7.2,the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. §8 The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attorney's fees provided under Section 7.3,and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims,if any,under any construction performance bond.By the Contractor furnishing and the Owner accepting this Bond,they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond,subject to the Owner's priority to use the funds for the completion of the work. §10 The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract.The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond,and shall have under this Bond no obligation to make payments to,or give notice on behalf of,Claimants or otherwise have any obligations to Claimants under this Bond. By arrangement with the American Institute of Architects, the National Association of Surety Bond Producers (NASBP) (www.nasbp.org)makes this form document available to its members,affiliates,and associates in Microsoft Word format t for use in the regular course of surety business.NASBP vouches that the original text of this document conforms exactly to the text in AIA Document A312-2010, Performance Bond and Payment Bond. Subsequent modifications may be made to the original text of this document by users,so careful review of its wording and consultation with an attorney are encouraged before its completion,execution or acceptance. �11 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts, purchase orders and other obligations. S 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1)on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2,or(2)on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract,whichever of(1)or(2)first occurs.If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 13 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears.Actual receipt of notice or Claims,however accomplished,shall be sufficient compliance as of the date received. S 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted therefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. S 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. 16 Definitions 16.1 Claim._A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done,or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor,materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor,materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant;and .8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the date of the Claim. 16.2 Claimant.An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor,materials or equipment for use in the performance of the Construction Contract.The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located.The intent of this Bond shall be to include without limitation in the terms"labor,materials or equipment"that part of water,gas,power,light,heat,oil,gasoline,telephone service or rental equipment used in the Construction Contract,architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors,and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. §16.3 Construction Contract.The agreement between the Owner and Contractor identified on the cover page,including all Contract Documents and all changes made to the agreement and the Contract Documents. §16.4 Owner Default. Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 16.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. 17 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 18 Modifications to this bond are as follows: By arrangement with the American Institute of Architects, the National Association of Surety Bond Producers(NASBP) (www.nasbp.o )makes this form document available to its members,affiliates,and associates in Microsoft Word format t for use in the regular course of surety business.NASBP vouches that the original text of this document conforms exactly to the text in AIA Document A312-2010, Performance Bond and Payment Bond. Subsequent modifications may be made to the original text of this document by users,so careful review of its wording and consultation with an attorney are encouraged before its completion,execution or acceptance. (Space i rprovided beimv for additional rignalures of addedpadies, other than those appearing on the coverpage.) CONTRACTOR.AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Tilde: Name and"Title: Address: Address: By arrangement with the American Institute of Architects, the National Association of Surety Bond Producers (NASBP) (www.nasbp.org)makes this form document available to its members,affiliates,and associates in Microsoft Word format for use in the regular course of surety business.NASBP vouches that the original text of this document conforms exactly to the text in AIA Document A312-2010, Performance Bond and Payment Bond. Subsequent modifications may be made to the original text of this document by users,so careful review of its wording and consultation with an attorney are encouraged before its completion,execution or acceptance. ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On October 20, 2016 before me, Annette I. Mejia, Notary Public (insert name and title of the officer) personally appeared Gregory A. Banks who proved to me on the basis of satisfactory evidence to be the person(A) whose namex is/a'* subscribed to the within instrument and acknowledged to me that he/sue/tPj4ey executed the same in his/ht/tI tsir authorized capacity(ibe?), and that by his/Nw/th*signature(o on the instrument the person(*, or the entity upon behalf of which the person(so acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ANNETTE I. MEJIA Commission #2132734 Z Notary Public -California z Z Orange County My Comm Fxpires Dec 3, 701 G Signature (Seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness, accuracy,or validity of that document. State of California County of Oran ,e On 10/20/2016 before me, Karen L. Ritto Notary Public personally appeared Dwight Reilly who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and. that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the state of California that the foregoing paragraph is True and correct. W!"M ����� �.�! WIT h d and official seal. r,a« Signature of Notary OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL Payment Bond ❑ CORPORATE OFFICER Title or Type of Document Four ❑ PARTNER(S) Number of Pages ❑ MEMBER of LLC ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) 10/20/2016 ❑ GUARDIAN/CONSERVATOR Date of Document OTHER: SIGNER IS REPRESENTING: Signer(s)other than named above NAME OF PERSON(S)OR ENTITY(IES) .THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 7435548 American Fire and Casualty Company Liberty Mutual Insurance Company Bond No. 024069332 The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and WestAmerican Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Andrew Waterbury; Ayala;Daniel Huckabay;Dwight Reilly;Michael Castaneda;Shaunna Burchfiel all of the city of Orange ,state of CA each individually if there be more than one named,its true and lawful attomey-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 29th day of July 2016 D C4 s; „INa N„a American Fire and Casualty Company ° m Q,�: tf The Ohio Casualty Insurance Company y Liberty Mutual Insurance Company m i 1906 a o 1919 1912 1991 West American Insurance Company E y � v O y � ,✓ a -.2 r � 7 0) * * * * By: = STATE OF PENNSYLVANIA ss David M.Care ;Assistant Secretary COUNTY OF MONTGOMERY __ dO On this 29th day of July 2016 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and O L p1 Y P Y PP Y 9 ry v F- t� y Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Insurance Company,and West American Insurance Company,and that he,as such,being authorized so to do, >,W p R execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. i am > IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written. O l SR PA&T COMMONWEALTH OF PENNSYLVANIA J Q M aNwFV F`� Notarial Seal ��1� _ u'�e'��;/�0� •r. C•— ��t,° iy Teresa Pastella,Notary Public By: �(i(�CJ O i of Plymouth Twp.,Montgomery County Teresa Pastella,Notary Public L O _ P My Commission Expires March 28,2017 3 O 0 Member,Pennsylvania Association of Notaries O E G r qRy>?� a W C L This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company,The Ohio Casualty Insurance N p d„ Company,Liberty Mutual Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: Os rya ARTICLE IV-OFFICERS--Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject O C a)%-4; to such limitation as the Chairman or the President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, �+d O acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact,subject to the limitations set forth in their respective 5 S E powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so @- d C executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under >C the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. _ M c ARTICLE XIII-Execution of Contracts-SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, E oQ a>+ 4? and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute, w M O seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their O o Z v respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so V� executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company;authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I,Gregory W.Davenport,the undersigned,Assistant Secretary,of American fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 20 th day of October 2016 N3 CA rr tTV I�»r, y'.is,�rj aN rnsUkg f4,�- '7tar�rt a 1906 0 0 1919 ^ 1912 1991 By' Gregory W.Davenport,Assistant Secretary 197 of 300 LMS 12873 122013 AC R& M-M&%WN'm'1, CERTIFICATE ©F LUBILITY INSURANCE 10/7/2016 THIS CERTIFICATE IS MUM AS A MATTER OF INFORMATION ONLY AND COMM NO RMIHTS LNPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOER NOT AFFNRMAT(VELY OR NEGATIVELY AA1MD, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF Url! DANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSIANG MSUREP^ AUTHORED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. NMPORTANT: W Nw owgNab hoMsr b sn ADDITIONAL INSURFA NN►poky(bs)must be endoa»d. N SUMMATION Is WANW,subbed to No bons sad coadklom of Nw peNW,eerbin polebe nW n pft an mWanontenL A alml 1e1--on dde n 141c dose net conbr dghb bo N1e owdSci b holder M Neu of such PrADUCet NOW7 Jeanie Swan Leavitt United Insurance Services v (559)244-4670 �� (ssa)329-ee42 Lic #0655225 2: (55.91244-4670 _ PO Box 27020 INIM101101_AFFOId711111eCD*vH19E.__ NAICt� Fsesno CA 93729 MUMA:Tokio Marine Specialty insurance 23850 eNLSeo s:freat_.American Insurance Company 44393 SAN MARINO ROOF CO INC MIBILIlaC:Redwood Fire 4 CasualCY C 11673 2187 N BATAVIA ST ) D: welnmee: ORANQ= CA 92665-3103 p- COV6tAGIES CERTIFICATE NUMBER:16/17 Master REVISION N1.11111111M THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 7R TY/E OF/iN#ArICE t LNa1e x CONNSE CMILe6eJW.waL1TY EACH OCCURRENCE Is 1,000,000 WTED A CLAIMS-MADE Lam`1 OCCUR ; 100,000 Z Y PP91519566 7/1/2016 j 7/1/2017 MEDIXP(Arryaneperoan) . $ _..._ >tXCLIIDYD _BXC E PERSONAL 6 ADV INJURY S 1,000,000 —°- -- GEN'L AGGREGATE LIMIT APPLIES PER: { GENERAL AGGREGATE S 2,000,000 PRO 2,000,000 POLICY Z JECT LOC PRODUCTS-COMP/OP AGG S - - I S ,WA�y s 1,000,000 I BODILY INJURY(Pe pe:emj S B Z ANY AUTO $t ALL GAMED �v SCHEDULED f RAW36933496 7/1/2016 7/1/2017 BODILY INJURY(Per aoddw t)'S I _ . Nt /VNED Z Y i2iY t31i11sA6( H)R£D AUTOS AUTOS _ I i Z INI�LI A 1JAa I X ! i EACH OCCURRENCE S $ 000 000 { A 4 E ,><CIiiUNe CWM&MADEt AGGREGATE ._ S $ 000 400 DED T'I RETEMION$ , PUH547742 7/1J2016 7J1/2017 S w010l�1e COMPONA710N BIIAVE e•LWLl1Y YIN' E ANY PROFRIETORIPARTNERIEXECUTIVE El EACH-A- CIDENT S 1,000,000 OFFICFAAAEMBER EXCLUDED? i _,, C �INIA Y SANC713851 10/1/2016 10/1/2017 E_L_OFSEASE-EA EMPLOYE S 1,000,000 _ / I !!! IpE � OF RAT below j E L DISEASE-POLICY LIMIT S�~ 1.000 000 i S I EQUIPMENT FLOATER HtiN56933496 7/1/2016 7/1/2017 RENT/LEASE 50,000 DEDUCTIBLE 2,500 I 0l*CFAvT N 0p 0P1MTWW/LOCA1WW/W1M Ee IACOIO/M,Adds=-'ftwwda ScMdM,any be aaul,cd Mmcn rpm b nqukud) Re: (16204) Norman Feldheym Library, 555 W. 6th St., San Bernardino CA 92418 (CSB Proj. 13069). City of San Bernardino in included as additional insured for General Liability a Auto Liability per forms CG 20 10 04 13, CCU 20 37 04 13 a CA 68 10 01 13 attached in regards to work performed by the named insured only per written contract. Insurance is primary a non-contributory per fora VIC-GLLN-020-1013 attached per written contract. Waiver of Subrogation applies to General Liability, Auto Liability a Workers' Camp per forms CO 24 04 05 09, CA 88 10 01 13 a WC 99 04 10B attached per written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE MOVE CE> POLICES EE CANCELLED BEFORE CITY OF SAN BSRNARDINO TIE EXPIRATION DATE TIEREOF, NOTICE WILL BE OELN®tED IN PUBLIC WORKS DEPARTEM ACCORDANCE WITH THE POLICY PROVISION. 300 N D ST FL 3 SAN BSRNARDINO, CA 92418-0001 AtnNDI10IHIIm9111ININKTAWK Jeanie Swan/ADPERC: .r -:-_s,,,r•�.,-•.__ 0 INS-M4 ACORD CORPORATION. AN rISIRb rem" ACORD 26(2014101) The ACORD name arld logo are reglobved marks of ACORD INGM(201401) POLICY NUMBER: PPK1519566 COMMERCIAL GENERAL LIABILITY CG 2010 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations As where required by written contract prior to loss. All covered locations. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section 11 — Who is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for"bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage"occurring after. caused, in whole or in part, by: 1. All work, inducting materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs)to be performed by or in the performance of your ongoing operations for on behalf of the additional Insured(s) at the the additional Insured(s) at the location(s) location of the covered operations has been designated above. completed;or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the some project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 0413 0 Insurance Services Office, Inc., 2012 Page 1 of 2 C. With rasped to the insurance afforded to these 2. Avallebie under the applicable Limits of adrift wW insureds. the following Is added to Insurance shown In the Dederatlone; Secdon W—Uni is Of Insurance: whkthaysr Is lass. If coverage provided to the additional insured Is This; endorsement shad not increase the required by a contract or agreement, the most wee applicable Limb of insurance shown In the will pay on behalf of the additional Insured is the Declarations. amount of insurance: 1. Required by the contract or agreement;or Page 2 of 2 0 Inauranos Services Of e, Inc.,2012 CG 2010 0413 POLICY NUMBER: PPK1519566 COMMERCIAL GENERAL LIABILITY CO 20 ST 0113 THIS ENDOMMENT CHANGES THE POLICY. PLEASE HEAD IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: OOMMERCIAL GENERAL LIABILITY OOVERAOE PART PRODUCTSACOMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Now Of Additional Insured Person(*) or Lotion And Descrk7don Of 2 I40d Opwations Any person or o:gani.:aei.on where rewired by written contract ftdormation regigired to compkft this Schedu 2 not shown above will be shown in the Declarations. A. Section ti—Who Is An Inwrsd Is amended to B. With respect to the Insurance afforded to these Include as an additional insured the person(e)or additional Insureds, the UbwbV In added to with rasped to In he I��only Section M—Lbuills Of hummom: "property damage'caused.in whole or in part,by if required provided 10 the additional Insured e is " work' � ttte location designated and regtllred by a Contact or a0reernent, the most we = in the Schedule of this endorsement will pay on behalf of the additional insured is the p ermed for that additional tnswed and amount of insurance: included In the 'products-canpleted operations 'I. Required by the contract or agreement;or hazard'. 2 Available wider the applicable Limits of HOmer, insurance shown In tite Declarations; t. The Insurance afforded to such additional whichever Is less. Insured only applies to the extant permitted This endorsement shag not increase the applicable by law;and Units of Insurance shown In the Declarations. 2. If coveMe provided to the additional insured is rsquAW by a contract or agreement, the insurance a forded to such additional insured will not be broader than that which you are required by the o-- sdi or agreement to provide for such add fond Insured. CG 20 27 04 13 0 Insurance Services Office,Inc.,2012 Psys 1 of 1 Policy Number, PPK1519566 PIC-GLN-020(10/13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY PRIMARY AND NON-CONTRIBUTORY INSURANCE This endorsement modifies insurance provided under the following: CORUMMIAL GENERAL LL481LITY COVERAGE PART PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART A. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS,,4.Other Ines nes,and so subparts thereof,as contained In the policy Is deleted in As entirely and replaced with the following condition: 4. Other Insurance If all of the other insurance permits conlrbution by equal stages,we witi follow this method unless the insured Is required by written contract signed by both parties,to provide insurance that is primary and nonWntribuf cry,and the'maned cor*m:r is wacuted prior to any loss. Where required by a w kbn 00011001 sigrsed by both parlies,Eris hnmesnce will be primary and non-cwthibutirM only when and to time extent as required by Mast contract. Fiowewr,under the contributory approach each insurer contributes equal amounts.until it has paid its appkable Haut of issuance or none of the loss rernains,whichever comas that. If any of the other insurance does not pem*contribi"by equal shares,we will contrite by Nmrts: Under this method,each insureft share is based on the ratio of its applicable limit if insurance to the total applicable imits of irssurarrce of all insur+ars. All other terms.conditions and exclusions under the poky are applicable to this endorsement and remain turclei VW. Page 1 of 1 POIIGY KNAER PPK1519566 CIAL GENERAL LIIABILffy CG 24 04 OS 08 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This erdora nwnt modem Insurance provided under the taoMln9: COMMERCIAL GENERAL LIABILITY COVERAGE PART OPERATIONS UABLr Y COVERAGE PART SCHEDULE Noma Of Parson Or OrBsnbollon: am= Faxpum w orssm comer Irdmwbon to comphots this Schedule,I not shown above will be stxmn In the Dodarrdlons. The fdbwhV Is added to ParegIrs h S.Trmwbr Of Rfphls Ot lfirsoasry AENnd Odws, To Us d 8eotlorn N—Condllfars: We walve any wnihe person or a ato shown n do S above because d payments we maim 1br y or "Moe sift am of your orgoi19 operations or 6 worts"clans under a coribi t wNh flat person or aganirebm and hx*mbd In the Rproducta- oarnplelsd operaft s hard'. This wsiver apples ony to to person or orgaftuffim shown in ttte SehaVis above. CO 24 84 05 Of 0 haursnca Services Offim Inc.,2WB Paps 1 of 1 D COMMERCIAL AUTO CA 8510 0113 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the folbdng: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement,the provisions of the policy apply unless modified by the endorsernent COVERAGE INDEX SUBJECT PROVISION NUMBER ADDITIONAL INSURED BY CONTRACT,AGREEMENT OR PERMIT 3 ACCIDENTAL AIRBAG DEPLOYMENT 12 AMENDED DUTIES IN THE EVENT OF ACCIDENT,CLAIM,SUIT OR LOSS 19 AMENDED FELLOW EMPLOYEE EXCLUSION 5 AUDIO,VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 13 BROAD FORM INSURED 1 BODILY INJURY REDEFINED 22 EMPLOYEES AS INSUREDS(including employee hired auto) 2 EXTENDED CANCELLATION CONDITION 23 EXTRA EXPENSE—BROADENED COVERAGE 10 GLASS REPAIR—WAIVER OF DEDUCTIBLE 15 HIRED AUTO PHYSICAL DAMAGE(including employee hired auto and loss of use) 8 HIRED AUTO COVERAGE TERRITORY 20 LOAN 1 LEASE GAP 14 PARKED AUTO COLLISION COVERAGE(WAIVER OF DEDUCTIBLE) 18 PERSONAL EFFECTS COVERAGE 11 PHYSICAL DAMAGE—ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 RENTAL REIMBURSEMENT 9 SUPPLEMENTARY PAYMENTS 4 TOWING AND LABOR 7 TWO OR MORE DEDUCTIBLES 17 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 18 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 20 SECTION It—LIABILITY COVERAGE is amended as follows: 1. BROAD FORM INSURED SECTION It - LIABILITY COVERAGE, paragraph A.I. -WHO IS AN INSURED is amended to include the following as an kmred: d. Any legally incorporated entity of which you oven more than 50 percent of the voting stock during the policy period. However."Insured"does not include any organization that (1) Is a pannerslrip or joint venture;or (2) Is an insured under any other automobile policy;or (S) Has exhausted its Limit of Insurance under any other automobile ploy. Paragraph d. (3)of iMs provision does not apply to a poky written to apply spec ificaly in excess of this policy. e. Any organization you newly acquire or form. other than a partnership or jok t venture. of which you w.vn more than 50 percent of the voft stock. This automatic coverage Is afforded onty for 180 days from the date of acquisition or forrnaSon. However,coverage under M provision does not apply: (1) If there Is similar insurance or a self-Irtsured retention plan available to that organization; e tot s trenry INUW W u W= CA is 10 0113 Irzkon coppisftd mntaUl of moo.seMow Oftc kw,vAth is ate• Pagel of? (T) If the Limits of insurance of any other insurance policy have been exhausted:or (3) To bodily injury' or "property damage" that occurred before you acquired or famed the organization. 2. EMPLOYEES AS INSUREDS SECTION 11 — LIABILITY COVERAGE, paragraph A.1. WHO IS AN INSURED is amended to include the following as an Insured: f. Any"employee"of yours while using a covered"auto"you do not own,hire or borrow, but only for acts within the scope of theiir employment by you. Insurance provided by this endorsement is excess over arty other insurance available to any'employed'. g. An "employee" of yours while operating an "auto' hired or borrowed under a written contract or agreement in that "employee's' name, with your permission, while parfomtirng duties related to the conduct of your other ur business and w,�it�hiin- the scope of their employment. Insurance provided by this endorsement Is ement excess overany K[insurance available to the"employee". 3. ADDITIONAL INSURED BY CONTRACT,AGREEMENT OR PERMIT SECTION it — LIABILITY COVERAGE, paragraph A.I.—WHO IS AN INSURED is amended to Include the following as an Insured: h. Any person or organization with respect to the operation, maintenance or use of a covered "auto', provided that you and such person or organization have agreed in a written contract, agreement, or permit Issued to you by govemmentat or public authority, to add such person, or organization, or govemmental or public authority to No policy as an"insured-. However,such person or orgarEization is an"insured": (1) Only with respect to the operation, maintenance or use of a covered"auto'. (2) Only for "bodily i*xyP or "property carnage' caused by an °accident" which takes piece after you executed the written contract or agreement, or the permit has been Issued to you:and (3) Only for the duration of that contract, agreement or permit 4. SUPPLEMENTARY PAYMENTS SECTION ii—LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, paragraphs (2) and(4)are replaced by the following: (2) Up to 53,000 for cost of bag bonds (Including bonds for related traffic violations)required because of an"accident'we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the Insured at our request,including actual loss of earnings up to $500 a day because of time off from work. 5. AMENDED FELLOW EMPLOYEE EXCLUSION in those jurtsdicticons where, by law. fellow employees are not entitled to the protection afforded to the employer by the workers sensation exclusivity ode,or similar protection,the following provision Is added SECTION ii—LIABILITY,exclusion B.S.FELLOW EMPLOYEE does not apply if the'bodily injury'results from the use of a covered'auto'you own or dire. SECTION III—PHYSICAL DAMAGE COVERAGE is amended as follows: 6. HIRED AUTO PHYSICAL DAMAGE Paragraph AA. Coverage Extensions of SECTION III — PHYSICAL DAMAGE COVERAGE, Is amended by adding the klowing: if hired`autos"are covered"autos'for Liability Coverage,and if Comprehensive, Spectlred Causes of toss or Collision coverage are provided under the Business Auto Coverage Form for any"auto" you own, then the Physical Dahmege coverages provided are extended to"autos": S. You hire, rent or borrow,or O 1413 UbmW Muluol Insursna CAW 10 01 13 lombsifew eepwk Mad embM M hwumnm awAcm Offim.Ens-.wM Ha psmdsdan. page 2 of 7 b. Your"employee'hies or rents under a written contract or agreerrmll In that`ernpioyeeW name, but only if the damage oocurs while the vehicle is being used In the conduct of your business, subject to the kftwfirg WO and die: A. The mast we will pay for"loss"In any one'eWdenr or lose"is the smalieat of: (1) $60,000:or (2) The actual cash value of the damaged or stolen property as of the Um of the'toss';or (3) The cost of repairing or replacing the datrnaged or stolen property with other property of We WW and quality,minus a deductible. B. The deductible will be equal to the largest deductible applicable to any owned'°auto"for that coverage. C. Subject to the limit, deductible and excess provisions descrloed In No pravlatan. we will provide coverage equal to the broadest coverage applicable to any covered"auto"you own. D. Subject to a mmdrnum of$1,000 per`agent',m will also cover the actual leas of use of the hired "ouo'X it results from an 'accident",you are legally liable and the lessor incurs an actual Rnandal loss. E. This coverage extension does not apply o: (1) Any"auto'that is hired,ranted or borrowed with a driver,or (2) Any"auto'that is hired,rented or borrowed from your"enVoyee. For the purposes of this provision,SECTION V-DEFINITIONS,Is amended by adding the kdowbV: 'Total loss'means a lose"in which the cost o1 repairs plus the salvage value exceeds the actual cash value. 7. TOWING AND LABOR SECTION tit-PHYSICAL DAMAGE COVERAGE, paragraph A2 Towing, is amended by the addition of the fblkrMng: We will pay towing and labor Coate incurred, up to the limits shown below, each fte a covered 'auto° classl6ed and rated as a private passenger type,"light truck'or'medfurn truck"is wed: a. For private passenger type vehicles,we unl pay up to SW per disablement b. For"tight trucks', we will pay up to$60 per deableawnt. 't.k}ht trucks" we bucks that hers a grves vehicle weight(GVW)of 10,000 pounds or less. C. For`medun trucks".we will pay up to$150 per disablement. "Medium truc ke are trucks that have a gross vehicle weight(GVW)of 10,001-20,000 pounds. However.the labor must be p6ftmed at the pleas of dlsablarnent. a. PHYSICAL DAMAGE•ADDITIONAL TRANSPORTATION EXPEMW COVERAGE Paragraph AA.a., Coverage Extension of SECTION III-PHYSICAL DAMAGE COVERAGE. is emended to prom a Nmit of SW per day and a amirnun Omit of$1,500 026491bsr*m*Jd kwuatfes CA It 10 0113 Indiam aWAghtsd I I b of kmmme A 1 1- s QAcs.lw_vA h its psm1lsdrn. Page 3 of 7 S. RENTAL REIMBURSEMENT SECTION III-PHYSICAL DAMAGE COVERAGE,A.COVERAGE,is amended by adding the following: a. We will pay up to$76 per day for rental reimbursement expenses incurred by you for the rental of an "auto' because of "acddeW or "lass", to an "auto" for which we also pay a loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those expenses Incurred after the first 24 hours following the'accident'or'loss"to the covered'auto." b. Rental Reimbursement will be based on the rental of a comparable vehicle,which in many cases may be substandally less than$75 per day,and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality,up to a maximum of 30 days. C. We will also pay up to$600 for reasonable acid necessary expenses incurred by you to remove and replace your tools and equipment from the covered'aura'. d. This coverage does not apply unless you have a business necessity that other 'autos° available for your use and operation cannot fill. e. If loss'results from the total theft of a covered"auto"of the private passenger type,we will pay under this coverage orgy that amount of your rental raeumbursement expenses which is not already provided under Paragraph 4.Coverage Extension. f. No deductible applies to this coverage. For the purposes of this endorsement provision,materials and equipment do not include"personal effects"as defined in provision 11. _ 10, EXTRA EXPENSE-BROADENED COVERAGE Under SECTION III - PHYSICAL. DAMAGE COVERAGE, A. COVERAGE, we wig pay for the expense of returning a stolen covered'auto"to you. The maximum amount we will pay is$1,000. 11. PERSONAL EFFECTS COVERAGE A. SECTION IiI - PHYSICAL DAMAGE COVERAGE. A. COVERAGE, is amended by adding the following: if you have purchased Comprehensive Coverage on this policy for an'auto"you own and that`auto"is stolen, we will pay,without application of a deductible,up to$500 for'personal effects"stolen with the"auto." The Insurance provided under this provision is excess over any other collectible insurance. a. SECTION V-DEFINITIONS is amended by adding the following: For the purposes of this proWsion, "personal effects" mean tangible property that is worn or carried by an insured." "Personal effects"does not include tools,equipment,}ewetry,money or securffles. 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION III-PHYSICAL DAMAGE COVERAGE, S.EXCLUSIONS is amended by adding the following: If you have purchased Comprehensive or Collision Coverage under this policy,the exclusion for'lose relating to mechanical breakdown does riot apply to the accidental discharge of an airbag. Any Insurance we provide shelf be excess over any other collectible Insurance or reirrfursement by manufacturer's warranty. However, we agree to pay any deducible applicable to the other coverage or warny. 13. AUDIO,VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION Ill - PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS, exception paragraph a. to exclusions 4.c.and 4.d.is deleted and replaced with the following: O 2013 Ltbeq Mahon tnsurtnp CA ti8 10 0113 ' Induda copWoMd mamm of Inewrw"sarAm oboes,hm.with its Anion. Page 4 of 7 Exclusion"arhd old.do not a"to: IL EWcironio equipmeM eta#receives or tram audio visual or date signals, hUftet w or not desIgned solely for the reproduction of sound,if the equipmard is permarwitty kwhilled In the covered"auto'at the Ilms of the'loss"and such equipment is designed to be alley operated by we of the power*ern the 'auto's• siedAcal systerhh, in or upon the covered 'uW and physical damage coverages are provided for the covered'auto':or If the -loss" cosies solely to ahxio, visual or data electronic equipment or accessories used with this ettulp t.porn our obligation to pay fa,repair, return or replace damaged or sb ten property wlii be reduced by a$100 dedu dtihie. 14. LOAN I LEASE CPAP COVERAGE A. Paragraph C., LIMIT OF INSURANCE of SECTION III — PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we wB pay for a "total lose to a covered "auto" owned by or Iased to you in any ore 'socbent'is the greater of the: 1. Balance due under the farms of the loam or lease to whk h the damaged covered 'auto" is subs at the time of the"low'leas the amount oL S. Overdue payments and financial penalties wed with#me payments as of the dste of the"low•, b. Firmrxial penaRes imposed under a lease due to high mileage, excessive use or abnormial wear and tear, c. Costs for extended warranties, Credk Life fnauranos, Health, Accident or DhabNty Insuurwme pun#hased with the loan or tease, d. Transthr or rollover balatness from prsvious bans or leases, e. Final payment due under a'Balloon Loam", f. The dolar amount of any unrepaired damage which occurred prior to the'toW loss!of a cowered°auto•, g. Security deposits not refunded by a lessor, h. AN re0rnda payable or paid to you as a result of the termination of a moose agreement or as a result of the early terminate or any warranty or extended service agreement on a covered"atrW, 1. Any amount representing taxes, I. Loan or lease termination fees:or L The actual cash value of the damage or stolen property as of the time of the"bas'. An acfustmant for deprededon and O"Icai condition wig be made in determining the actual cash value at the three of the'loss". This a4ustmant Is not applkable In Texas. B. ADDITIONAL CONDITIONS This coverage applies only to the original loan for which the covered "aria' that incurred the loss serves as collateral,or lease wrtser on the covered"auto'that charred the loss. C. SECTION V—DEFINITIONS is chard by adding the klowkW As used in this endorsement provialon,the following detr>Wane apply: "Total loss"means a loss'in which the cost of repairs plus the saivage value exc:seds the actual cash value. A Im600n bah•Is or*with perbk payments that are inaullicient to repay the batsnee over the tern of the loon,thereby n'gtdrlhg a be"tW 0 2013 uaaarhty twarwt k W sanw CA N 10 0113 dhandn vapyda ftd nhahh IW O Mmuraaw erN Page 5 of 7 15. GLASS REPAIR-WAIVER OF DEDUCTIBLE Paragraph M Deductible of SECTION III-PHYSICAL DAMAGE COVERAGE Is amended by the&"d on of the tblkobtg: No die applies to glass damage i1 the glass Is repaired raster than replaced. 18. PARKED AUTO tR31"L1 M COVERAGE(WANED OF DEDUCTIBLE) Paragraph D. Deductible of SECTION ill-PHYSICAL DAMAGE COVERAGE is amended by the addition of Me 1blk wing: The deducdbls does not apply to'loss" caused by collision to such covered "aub' of the private passenger type or light weight buck with a gross vehicle weight of 10,000 lbs.or less as defined by the manufacturer as maximum loaded weight the"auto"Is designed to carry while it Is: a. In the charge of an"insured"; b. Legally parked;and a. Unoccupied. The'bee must be reported to the police suthondes*Min 24 hours of known damage. The total amount of the damage to the covered'auto'must exceed the deductitAe shown In the Declarations. This provision does not apply to any'loon"if the covered"auto"is In the charge of any person or organization engaged In the automobile business. 17. TWO OR MORE DEDUCTIBLES Under SECTION 111 PHYSICAL DAMAGE COVERAGE, N two or more oompeny policies or coverage lams apply to the same accident,the following applies to paragraph D.Deducible: a. If the appiloWe Business Aub dedtaxble is the smaller(or smallest)deductible It will be waived;or b. ff the applicable Buakwes Auto deduebWe Is not the amaNier(or smallest)deduct to it will he nwWr ad by the amount of the smaller(or smoilest)dedualft or r~ if the loss Involves Wo or more Busktess Aub coverage tams or policies the smaller(or smallest) deductible Will be waived. For the purpose of this endorsement company means any company that In part of the Lkmrty Mutual Group. 8ECTION IV-BUSINESS AUTO CONDITIONS Is amended as fohows: 1& UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV-BUSINESS AUTO CONDITIONS,Paragraph B.2,is amended by adding the Wowing: If you unintentionally fall to disclose any hazards,exposures or material facts exMft as of the inception date or renewal data of the Business Auto Coverage Form, the coverage a#arded by this policy will not be prejudiced. However,you must report the undisclosed hazard of exposure as axon on practicable after Its discovery, and we have the right to eolled additional premium for any such hazard or exposure. 10. AMENDED DUTIES IN THE EVENT OF ACCIDENT.CLAIM,SUIT,OR LOSS SECTION IV-BUSINESS AUTO CONDITIONS.paragraph A.2.a.Is replaced In its entirety by the*Mowkhg: a. In the event of'acddent",daim."suit'or"loss",you must promptly notify us when It Is known b: 1. You.M you are an Individuel: 2. A partner.If you are a partnership; 3. Member.ti you we a WrAed Raul company; 4. An executive o4csr or the"or ployes'designated by the Named Ina med to give such notice, N you are a Gam. •2013 t bWV MWWW I Awe CA 18 10 0113 awsda acrd artarW or ftum"Bar im Oatae.ft vAh b pwmkstos. pop$of 7 To the extent possible,notice to us should include: (1) How,when and where the"eaddent"or"lose'took place. (2) The"Insureds"name and address:and (3) The names and addresses of any Injured persons and witnesses. 20. WAIVER OF TRANSFER OF WORTS OF RECOVERY AGAINST OTHERS TO US SECTION IV — BUSINESS AUTO CONDITIONS, paragraph A.5., Transfer of Rights of Recovery Against Others to Us.Is amended by the addition of the following: If the person or organization has waived those rights before an"accident'or "loss".our rights are waived also. 21. HIRED AUTO COVERAGE TERRITORY SECTION IV — BUSINESS AUTO CONDITIONS, paragraph 13.7., Policy Period, Coverage Territory, is amended by the addltion of the following: f. For"autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the insured's realmsibiilhr to pay for damages is determined in a "suk', on the merits. in the United States,the terrkcxtes and possessions of the United States of America, Puerto Moo or Canada or in a settlement we agree to. This extension of coverage does not apply to an"auto"hired,leased,rented or borrowed with a driver. SECTION V—DEFINITIONS Is amended as follows: IL BODILY INJURY REDEFINED Under SECTION V--DEFINTIONS,deletion C.is replaced by the following 'Bodity Injury' means physical Injury, sickness or disease sustained by a person, including mental anguish, mental inµq,shock,fright or death resulting from any of these at any time. COMMMON POLICY CONDITIONS 23. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS,paragraph A.—CANCELLATION condition applies except as follows: If we cancel for any reason other than nonpayment of premium,we will mad to the list Named hwured written notice of cancellation at least 60 days before the effective date of cancellation. This provisiort does net apply In those states which require more than 60 days prior notice of cancelladom O 2413 L Ib ry uAw Mauan" CA U 118 0113 kwkulaa*0PW4*W M*twW of wo rarm Swvim olio..Inc,wo b p ntmion. Page 7 of 7 WoRKERB COMPENSATION AND EMPL.OYERS LIABILITY INSURANCE POLICY WC"04 108 (Ed.9-14) WAVER OF OUR RN WfT TO RECovBa FROM OTHERS ENDORSEMENT-CALIFORNIA BLANKET BASS We have the right to recover our payments from anyone liable for an Injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule, (This agreement applies only to the extant that you perform work under a written contract that requires you to obtain this agreement from us.) The additional premium for this endorsement shall be 2%of the total manual premium otherwise due on such remuneration.The minimum premium for this endorsement Is$350. This agreement shall not operate directly or Indirectly to benefit anyone not named In the Schedule. SCHEDULE BLANKET WAIVER Person/Organization Blanket Waiver—Any person or organization for whom the Named Insured has agreed by written contract to k►mish this waiver. Job Descriptlon Waiver Premium Ali CA Operations 6M.00 This endassment cfwgss Ow policy to wMfi it N s6whsd and is aifsadve an the deft baued union otherwise sWed. (I'M I Ntormadm melee is re pkW only when 11Ms srdorsarent N Issued subsequent to pepaaa n crow podgy:) Endorsement El ellve 10101/2018 Policy Ite. SAM713851 Endomement No. aaursd San Marino Roof Co Inc Pmmhsn5 rat==company Redwood File And C mwft Insurance Caurawdpwdby WC 1N 041M (Ed.9.14) FILE NO. 1.7953 ACCT.NO. 129-160-5504-7953-0025 PUBLIC WORKS DEPARTMENT CITY OF SAN BERNARDINO STATE OF CALIFORNIA ADDENDUM NO. ONE FOR BID AND CONTRACT DOCUMENTS FOR PLANS AND SPECIAL PROVISIONS NO. 13069 FOR ROOF REPLACEMENT AT NORMAN F.FELDHEYM CENTRAL LIBRARY IN THE CITY OF SAN BERNARDINO The Special Provisions for this project have been amended as follows: 1. The BID OPENING DATE has been Revised. WAS: TUESDAY JULY 12, 2016 IS: TUESDAY JULY 19,2016 Contractor is notified that he shall submit referenced ADDENDUM ONE, as part of his Bid Documents. ALL BIDDERS SHALL INDICATE RECEIPT OF THIS ADDENDUM NO. ONE AS REQUIRED ON PAGE C-1, "ACKNOWLEDGEMENT OF ADDENDUMS", OF THE BID DOCUMENTS OF THESE SPECIAL PROVISIONS. BY: DATE: �� —A� ABA GINEER,P.E. Principal Civil Engineer ADDENDUM NO.ONE PLANS AND SPECIAL PROVISIONS NO.13069 JUNE 11, 2016 DESCRIPTION OF THE COMPONENTS OF THESE PLANS AND SPECIAL PROVISIONS The "BID and CONTRACT DOCUMENTS" for this project consists of five (5) parts as follows: PART I — Administration PART II — Special Provisions - General Instructions To Bidders Technical Instructions PART III — Special Provisions - Federal Standard Provisions & Conditions APPENDIX - Apprenticeship & Recycle Standards CONTRACT AGREEMENT The above 5 parts are bound together in one (1) manual titled "BID AND CONTRACT DOCUMENTS" PLANS&SPECIAL PROVISIONS NO. 13069 ROOF REPLACEMENT AT NORMAN F.FELDHEYM CENTRAL LIBRARY IN THE CITY OF SAN BERNARDINO Contents for Bid and Contract Documents.doc TABLE OF CONTENTS PART I ADMINISTRATION NOTICE INVITING SEALED BIDS A-1 INSTRUCTIONS TO BIDDERS IB-1 BID DOCUMENTS BID FOR.UNIT PRICE CONTRACT B-1 SCOPE OF WORK B-3 BID FORM B-4 BID SCHEDULE B-5 BIDDER''S INFORMATION AND SIGNATURE & BIDDER'S INITIALED ACKNOWLEDGEMENT OF ADDENDUMS C-1 SPECIAL,NOTICE C-2 DESIGNATION OF SUBCONTRACTORS C-3 WORKERS' COMPENSATION INSURANCE CERTIFICATION C-4 NON-COLLUSION AFFIDAVIT C-5 CONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS C-6 CONTRACTOR'S CERTIFICATION OF COMPLIANCE WITH DAVIS-BACON AND RELATED ACTS C-8 CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY C-9 FORM OF BID BOND C-10 MBE/WBE INFORMATION - GOOD FAITH EFFORTS REFERENCES MINORITY AND WOMEN OWNED BUSINESS ENTERPRISE PARTICIPATION CONSTRUCTION CONTACT PROVISIONS FOR FEDERALLY FUNDED PROJECTS CP-I CONFLICT OF INTEREST CI- 1 DOCUMENT LIST DL-1 COMMUNITY DEVELOPMENT BLOCK GRANT ( CDBG ) CONTACT PROVISIONS Page 1-11 PART II SPECIAL PROVISIONS INSTRUCTIONS TO BIDDERS SECTION 1 - SPECIFICATIONS AND PLANS SP-1 SECTION 2 - BID REQUIREMENTS AND CONDITIONS SP-5 SECTION 3 - AWARD AND EXECUTION OF CONTRACT SP-11 SECTION 4 - CONSTRUCTION DOCUMENTATION,COMMENCEMENT OF WORK TIME OF COMPLETION&LIQUIDATED DAMAGES SP-13 SECTION 5 - LEGAL REQUIREMENTS SP-15 SECTION 6 - GENERAL SP-22 SECTION 7 - UTILITIES SP-33 SECTION 8 - DESCRIPTION OF WORK SP-38 SECTION 8A- ADHERED THERMOPLASTIC(PVC)FELTBACK MEMBRANE ROOFING/2-3/4 INSULATED TRANSLUCENT FIBERGLASS SANDWICH PANEL SKYLIGHT SYSTEM SP-41 SECTION 9 BLANK SP-42 SECTION 10 - MOBILIZATION SP-43 SECTION 1 I THROUGH SECTION 49 BLANK SP-45 SECTION 50 - REMOVAL&RESTORATION OF EXISTING IMPROVEMENTS EXCEPT STREET PAVEMENT SP-46 SECTION 51 THROUGH SECTION 55 BLANK SP-48 SECTION 56- ROOFING SP-49 SECTION 57 THROUGH 62 BLANK SP-50 SECTION 63 - DEMOLITION SP-51 PART III SPECIAL PROVISIONS FEDERAL LABOR STANDARDS PROVISIONS (HUD-4010 ) SUPPLEMENTARY CONDITIONS OF THE CONSTRUCTION CONTRACT FEDERAL MINIMUM WAGES (Applicable 10 Business Days prior to the Date of Bid Opening To be inserted into Contract before Award and Execution of the Contract) APPENDIX ROOF REPLACEMENT LOCATION/PROJECT SURVEY AND PROPOSAL ROOF PLANS STATE OF CALIFORNIA, DEPARTMENT OF INDUSTRIAL RELATIONS & FEDERAL CODE OF REGULATIONS APPRENTICESHIP PROGRAM FOR PUBLIC WORKS CONSTRUCTION STATE OF CALIFORNIA, DEPARTMENT OF TOXIC SUBSTANCE CONTROL CALRECYCLE PROGRAM FOR UNIVERSAL WASTE COLLECTION &FEDERAL ENVIRONMENTAL PROTECTION AGENCY(EPA)REQUIREMENTS CONTRACT AGREEMENT PART I ADMINISTRATION NOTICE INVITING SEALED BIDS CITY OF SAN BERNARDINO Owner NOTICE IS HEREBY GIVEN that the City of San Bernardino will receive bids for: ROOF REPLACEMENT AT NORMAN F. FELDHEYM CENTRAL LIBRARY IN THE CITY OF SAN BERNARDINO (INCLUDES COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS) in accordance with Plans and Special Provision No. 13069 in file in the Office of the City Engineer, Third Floor, San Bernardino City Hall. Plans and Special Provisions shall be provided in portable document format (pdo on compact disc (CD) upon registering with the City of San Bernardino, Public Works Department, at the above location, between the hours of 7:00 a.m. and 6:00 p.m., Monday through Thursday. There is no charge for the Plans and Special Provisions on CD if picked up in person. Upon request, a CD of the Plans and Special Provisions may be mailed for an additional fee of $10.00. These electronic documents shall also be available to be downloaded (copied) from the CITY's website at http://Www.ci.san-bernardino.ca.us/serviceslrequest_for bids/public works/default.asp. It shall be the responsibility of firms wishing to bid on this Project to provide a firm name, physical address, contact person, phone number, fax number and email address for inclusion on the CITY's List of Plan Holders. The above listed information and confirmation of receipt of any issued addendum to the City Engineer's Office shall be submitted to the CITY a minimum of one (1) business day prior to the scheduled day of the Bid Opening. Only those firms listed on the CITY's "LIST OF PLAN HOLDERS" and providing confirmation of any issued addendum shall be eligible to submit bids for this Project. Any Addenda shall be issued by e-mail to those on the CITY's "List of Plan Holders". Deliver all bids to the City Engineer's Office, Third Floor, City Hall, 300 North "D" Street, San Bernardino, California, with the bidder's name and address, the specification title and number and "SEALED BID " clearly marked on the outside of the envelope Said bids will be received up to the hour of 2:00 p.m., on, Tuesday, July 12, 2016, at which time all of said bids will be publicly opened, and examined and declared in the City Engineer's Conference Room, Third Floor, City Hall. A-1 The Contractor shall possess a Class "A" License, `B" License, or C-39 Roofing Specialty License at the time the contract is awarded. The prime Contractor shall perform, with his own organization, contract work amounting to at least 50 % of the contract price. All bids shall be signed, sealed and accompanied by cash, cashier's check, certified check or bid bond made payable to the City of San Bernardino, in the amount of ten percent (10%) of the bid. Such cash, check or bond shall be given as a guarantee that the bidder will enter into the contract if awarded to him. In the event the bidder refuses to execute said contract, the use by the public of the improvements will be delayed, and the public will suffer great damage. From the nature of the case, it would be extremely difficult and impractical to fix said amount of damages. Therefore, the CITY and the bidder agree that the above sum of ten percent shall be paid to the CITY upon the condition above set forth as liquidated damages and not as a forfeiture. All bonds furnished pursuant to this notice must be underwritten by a surety company having a rating in Best's most recent Insurance Guide of"A" or better. Bonds must be issued by a surety who is listed in the latest version of U. S. Department of Treasury Circular 570 and is authorized to issue bonds in the State of California. The Form of Bid Bond is contained in the Bid Documents in Part I of the Special Provision. Notarization of the signatures of both the Principal and the Surety and the Power of Attorney of the signing Surety shall accompany this form. The Contractor may substitute securities for any monies withheld by the Agency to ensure performance under the contract as provided for in Section 10263 and Section 22300 of the California Public Contract Code. A Mandatory Pre-Bid Meeting will be held on Tuesday June 28, 2016, at 10:00 a.m., in the office of the City Engineer, Public Works Division of Development Services, Third Floor, City Hall, 300 North "D" Street, San Bernardino, CA 92418. This meeting is to provide information, to answer questions, to inform bidders of MBEs/WBEs subcontracting and material supply opportunities, and to make the prime Contractor aware of the CITY's outreach program as it relates to minority hiring and participation. Bidder's attendance at this meeting is recommended, but the prime may certify that they are familiar with the program and attendance is not required. Attendance and/or certification may be used as part of the good faith effort. Certified minority (MBE/WBE) subcontractors and material suppliers for the San Bernardino area located in Caltrans District 8 are listed on the California Unified Certification Program (UCP) DBE Directory and can be obtained by accessing the directory on the California Department of Transportation DBE website at http://Www.dot.cagov/hq/bep/index. This project is subject to the requirements of the United States Department of Housing and Urban Development. The Federal Labor Standards are provided in Part III of the Plans and Special Provisions for this project. A-2 Pursuant to law, the Mayor and the Common Council of the City of San Bernardino, by Resolution No. 90-358 and any and all amendments thereto which are hereby referred to and made a part thereof by references as fully as though set at length herein, have ascertained and determined the general prevailing rate per diem wages, and of per diem wages for legal holidays and overtime work for each craft or work classification required in the execution of contracts under jurisdiction of said Mayor and Common Council. Bidders are advised that this project is funded with Community Development Block Grant Funds. The requirements of the Davis-Bacon Act will apply to this project and those requirements will be enforced. The prime contractor and all subcontractors are required to pay their laborers and mechanics employed under this Contract, a wage not less than minimum wage classification, as specified in both the Federal and State Wage Decision when the Contract amount for the Prime Contract exceeds $2,000. The higher of the two applicable wage classifications, either State Prevailing Wage or Davis-Bacon Federal Prevailing Wage, will be enforced for all work under this Contract. The prime contractor is responsible for ensuring subcontractor compliance with Davis-Bacon and related Act Requirements. The Federal Labor Standards Provisions (HUD 4010) apply to this project Prevailing rates of wages for the State of California shall conform to Section 1773 of the California Labor Code. The general prevailing wage rates in the county in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. These wages are available from the California Department of Industrial Relations' Internet web site at http://www.dir.cagov/dirdatabases.html. General prevailing wage rates, in effect ten (10) days prior to the actual Bid Opening, which have been predetermined and are on file with the California Department of Industrial Relations are referenced and made a part thereof. The Davis-Bacon Federal General Decision Prevailing Wage Rates are available at httpJ/wfvw.access.gpo.gov/davisbacon/index.html. General Decision prevailing wage rates for the County of San Bernardino, State of California in effect ten (10) days prior to the actual Bid Opening, are referenced and made a part thereof. Said wages in effect ten (10) days prior to the Bid Opening shall be physically inserted into the Contract Documents prior to contract execution by the CITY and the Contractor. It shall be mandatory upon the Contractor to whom the contract is awarded and upon any subcontractor under him to pay not less than specified rates to all laborers, workers, and mechanics employed by them in the execution of the contract, and to prevent discrimination in the employment of persons because of race, creed, color, or national origin, as set forth in the provisions of Resolution No. 7414 of the Mayor and Common Council of the City of San Bernardino. This project is subject to federal trainee requirements for the employment of apprentices. The Contractor shall follow the Federal Regulation guidelines found in Part III of the Special Provisions. A-3 This project is subject to requirements for the employment of apprentices registered with the California Department of Industrial Relations, Division of Apprenticeship Standards. Additional information can be obtained at http://www.dir.cagov/DAS/PublicWorksForms.htm. The Contractor shall confirm that all apprentices are registered with an apprenticeship program that is in turn currently registered with the U S Department of Labor Office of Apprenticeship (DOLOA) and listed on the DOLOA website at http://oadoleta.govl. The City of San Bernardino (CITY) reserves the right to waive any informalities or inconsequential deviations from contract specifications, or to reject any and all bids. No bidder may withdraw his bid within 60 calendar days from the date of bid opening. The CITY reserves the right to take all bids under advisement for a period of 90 calendar days. If there are any questions regarding this project, please contact the City Engineer's Office, in writing, as follows: City Engineer's Office San Bernardino City Hall 300 North "D" Street, 3`d Floor San Bernardino, CA 92418-0001 SUBJECT: ROOF REPLACEMENT AT NORMAN F. FELDHEYM CENTRAL LIBRARY IN THE CITY OF SAN BERNARDINO Attention: Saba Engineer, P.E - Principal Civil Engineer Tel: (909) 384-5284; Fax: (909) 384-5190 E-mail: engineer—sa @sbcity.org (with"Subject: Roof Replacement") Rick Moreno—Building Maintenance Manager/City of San Bernardino E-mail: Moreno rigsbct.org Inquiries or questions based on alleged patent ambiguity of the Plans or the Special Provisions must be communicated as a bidder inquiry prior to the bid opening. Any such inquiries or questions, submitted after the bid opening, will not be treated as a bid protest. Written responses will only be provided to written questions. No written response will be provided to verbal questions. CITY OF SAN BERNARDINO GEORGEANN HANNA NOTICE TO ADVERTISE: SPECIFICATION NO. 13069 SHALL APPEAR IN FIRST ISSUE NOT LATER THAN DATE: 06/13/16 and 06/18/16 (FIVE DAYS BETWEEN FIRST & SECOND PUBLICATION) A-4 INSTRUCTIONS TO BIDDERS INSTRUCTIONS TO BIDDERS ( See also PART II of These Special Provisions) 1. Receipt and Opening of Bids The City of San Bernardino, California (the owner herein called the "CITY"), invites bids on the form attached hereto, all blanks of which must be appropriately filled in. Bids will be received by the CITY at the Office of the City Engineer, 3`d Floor of City Hall until 2:00 p.m., Tuesday, July 12, 2016, and then publicly opened and read aloud in the City Engineer's Conference Room, 3`d Floor of City Hall. All bids shall be delivered to the City Engineer's Office, Third Floor, City Hall, 300 North "D" Street, San Bernardino, California, with the bidder's name and address, the specification title and number and "SEALED BID " clearly marked on the outside of the envelope for the following project: PLANS & SPECIAL PROVISIONS NO. 13069 ROOF REPLACEMENT AT NORMAN F. FELDHEYM CENTRAL LIBRARY IN THE CITY OF SAN BERNARDINO (INCLUDES COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS ) The CITY may consider informal any bid not prepared and submitted in accordance with the provisions hereof and may waive any informalities or reject any and all bids. Any bids may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified shall not be considered. No bidder may withdraw a bid within 60 calendar days after the actual date of opening thereof. 2. Preparation of Bid Each bid must be submitted on the prescribed bid document forms and accompanied by the required bid contract documents following the bid forms. All blank spaces for bid prices must be filled in, in ink or typewritten, with unit prices both in words and figures, and all contract documents must be fully completed and executed when submitted. Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, his address, and the name of the project for which the bid is submitted. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed as specified in the bid form and.mailed in sufficient time to reach the City Engineer's Office, 3`d Floor of City Hall prior to the day and hour of the scheduled Bid Opening. I13-1 3. Subcontracts The bidder is specifically advised that for any person, firm, or other party, to whom it is proposed to award a subcontract under this contract, the following applies: a. Must be acceptable to the CITY, and; b. Must submit CERTIFICATION BY PROPOSED SUBCONTRACTOR REGARDING EQUAL EMPLOYMENT OPPORTUNITY. Approval of the proposed subcontract award cannot be given by the CITY unless and until the proposed subcontractor has submitted the Certification and/or other evidence showing that it has fully complied with any reporting requirement to which it is or was subject. Although the bidder is not required to attach such Certifications by proposed subcontractors to his bid, the bidder is advised of this requirement so that appropriate action can be taken to prevent subsequent delay in subcontract awards. 4. Withdrawal of Bids A bid may be withdrawn by a written request signed by the Bidder. Such requests must be delivered to the CITY's designated official prior to the bid opening hour stipulated in the "Notice Inviting Sealed Bids" or an amended date and hour stipulated in a signed addenda to the Special Provisions. The withdrawal of a bid will not prejudice the right of the Bidder to submit a new bid, providing there is time to do so. Bids may not be withdrawn after said bid opening hour without forfeiture of the bidder's bid guarantee. 5. Qualifications of Bidder The CITY may make such investigations as he deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the CITY all such information and data for this purpose, as the CITY may request. The CITY reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the CITY that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Conditional bids will not be accepted. I13-2 6. Bid Security Each bid must be accompanied by cash, cashier's check, certified check of the bidder, or a bid bond prepared on the form of bid bond attached hereto, duly executed by the bidder as principal and having as surety thereon a surety company approved by the CITY, in the amount of 10% of the bid. Such cash, checks or bid bonds will be returned to all except the three lowest bidders within three days after the opening of bids, and the remaining cash, checks, or bid bonds will be returned promptly after the CITY and the accepted bidder have executed the contract, or, if no award has been made within 90 days after the date of the opening of bids, upon demand of the bidder at any time thereafter, so long as he has not been notified of the acceptance of his bid. 7. Liquidated Damages for Failure to Enter Into Contract The successful bidder, upon his failure to refusal to execute and deliver the Contract and bonds required within 10 days after he has received notice of the acceptance of his bid, shall forfeit to the CITY, as liquidated damages for such failure or refusal, the security deposited with his bid. 8. Time of Completion and Liquidated Damages Bidder must agree to commence work on or before a date to be specified in a written "Notice to Proceed" of the CITY and to fully complete the project within 60 Working Days thereafter. Bidder must agree also to pay as liquidated damages, the sum of $500.00 for each consecutive calendar day thereafter as hereinafter provided in the General Conditions. 9. Conditions of Work Each bidder must inform himself fully of the conditions relative to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful bidder to his obligation to furnish all material and labor necessary to carry out the provisions of this contract. Insofar as possible the Contractor, in carrying out his work, must employ such methods or means as will not cause any interruption of or interference with the work of any other Contractor. 10. Obligation of Bidder At the time of the opening of bids, each bidder will be presumed to have inspected the site and to have read and to be thoroughly familiar with the Plans and Contract Documents (including all addendums). The failure or omission of any bidder to examine any form; instrument or document shall in no way relieve any bidder from any obligation in respect of his bid. IB-3 11. Addenda and Interpretations No other interpretation of the meaning of the Plans, Specifications, or other pre-bid documents will be made to any bidder orally. Every request for such interpretation should be in writing addressed to the City Engineer, City Hall, 300 North "D" Street, 3`d Floor, San Bernardino, California, 92418- 0001; and to be given consideration, must be received at least six(6) working days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the Special Provisions which, if issued, will be mailed by certified. mail with return receipt requested to all prospective bidders (at the respective addresses furnished for such purposes) not later than three (3) days prior to the date fixed for the opening of bids. Failure to any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the contract documents. 12. Security for Faithful Performance Simultaneously with his deliver of the executed contract, the Contractor shall furnish a surety bond or bonds as security for faithful performance of this contract and for the payment of all persons performing labor on the project under this contract and furnishing materials in connection with this contract, as specified in the Document List and Section 3, "Award and Execution of Contract", in PART II of the Special Provisions included herein. The surety on such bond or bonds shall be a duly authorized surety company satisfactory to the CITY. 13. Power of Attorney Attorneys-in-fact who sign bid bonds or payment and performance contract bonds must file with each bond a certified and effectively dated copy of their power of attorney. 14. Notice of Special Conditions Attention is particularly called to those parts of PART 1, PART II and PART III of the SPECIAL PROVISIONS which deal with the following: (a) Inspection and testing of materials (b) Insurance requirements (c) Wage rates (d) Stated allowances 1134 15. Laws and Regulations The bidder's attention is directed to the fact that all applicable State Laws, Municipal Ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written out in full. 16. Community Development Block Grant Funds Bidders are advised that this project is funded with Community Development Block Grant Funds. The requirements of the Davis-Bacon Act will apply to this project and those requirements will be enforced. The prime contractor and all subcontractors are required to pay their laborers and mechanics employed under this Contract, a wage not less than minimum wage classification, as specified in both the Federal and State Wage Decision when the Contract amount for the Prime Contract exceeds $2,000. The higher of the two applicable wage classifications, either State Prevailing Wage or Davis-Bacon Federal Prevailing Wage, will be enforced for all work under this Contract. The prime contractor is responsible for ensuring subcontractor compliance with Davis-Bacon and related Act Requirements. The Federal Labor Standards Provisions (HUD 4010) apply to this project and are included in PART III of the Special Provisions. Prevailing rates of wages for the State of California shall conform to Section 1773 of the California Labor Code. The general prevailing wage rates in the county in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. These wages are available from the California Department of Industrial Relations' Internet web site at http://www.dir.cagovldirdatabases.html. General prevailing wage rates, in effect ten (10) days prior to the actual Bid Opening, which have been predetermined and are on file with the California Department of Industrial Relations are referenced and made a part thereof. The Davis-Bacon Federal General Decision Prevailing Wage Rates are available at http://www.access.gpo.govldavisbaconlindex.html. General Decision prevailing wage rates for the County of San Bernardino, State of California in effect ten (10) days prior to the actual Bid Opening, are referenced and made a part thereof. Said wages in effect ten (10) days prior to the Bid Opening shall be physically inserted into the Contract Documents prior to contract execution by the CITY and the Contractor. A weekly certified payroll is required during the term of construction. Payment of invoice may be delayed when certified payrolls are not submitted weekly. The CITY shall make progress payments on any properly completed payment request submitted by the Contractor. The payment request shall not be deemed properly completed unless certified payroll form WH 347 has been properly completed and submitted on a weekly basis for each week worked during the time period covered by said payment request. IB-5 17. Notice of Requirement For Affirmative Action To Ensure Equal Employment Opportunity The bidder's attention is called to the "Equal Opportunity Clauses" and "Standard Federal Equal Employment Specifications" contained in COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CONTACT PROVISIONS in Part I of these Plans and Special Provisions. Goals and timetables for minority and female participation, expressed in percentage terms for the Contractors aggregate workforce in each trade on all construction work in the covered area, are 19% for minorities and 6.9% for women. 18. Attorney's Fees and Arbitration The prevailing party in any legal action to enforce or interpret any provisions of this Agreement will be entitled to recover from the losing party all attorney fees, court costs and necessary disbursements in connection with that action. The costs, salary and expenses of the City Attorney and members of his office, in connection with that action, shall be considered as attorney's fees for the purposes of this Agreement. Caltrans Standard Specifications Section 9-1.10 regarding Binding Arbitration is hereby specifically excluded from this Contract. 19. Method of Award-Lowest Qualified Bidder If at the time this contract is to be awarded, the lowest base bid submitted by a responsible bidder does not exceed the amount of funds then estimated by the CITY as available to finance the contract, the contract will be awarded on the base bid only. If such bid exceeds such amount, the CITY may reject all bids or may award the contract on the base bid combined with such additive alternates applied in numerical order in which they are listed in the Form of Bid, as produces a net amount which is within the available funds. 20. Bidding and nd Negotiation Requirements Attention of bidder is directed to the requirements of the U. S. Housing and Urban Development regarding bidding and negotiation requirements. Prior to the signing of the contract, a preliminary statement of work force needs, (skilled, semi-skilled, unskilled labor and trainees by category) shall be provided where known, where not known, such information shall be supplied prior to the signing of any contract between Contractors and their subcontractors. 21. Contractor Documents Required by HUD-CDBG Funding to be Submitted With Bid ( See DOCUMENT LIST, Page DL-1 ) IB-6 BID DOCUMENTS BID FOR UNIT PRICE CONTRACT PLACE CITY OE SAN BERNARDINO . :DATE July 19, 2016 PROJECT NO 13069 Bid of SAN MARINO ROOF CO., INC. (hereinafter called "Bidder")* a corporation, organized and existing under the laws of the State of California , doing business as San Marino Roof Co., Inc. To the City Engineer of the City of San Bernardino, California {owner and hereinafter called "CITY" �. Gentlemen: The Bidder, in compliance with your invitation for bids for the construction of PLANS & SPECIAL PROVISIONS NO. 13069 ROOF REPLACEMENT AT NORMAN F. FELDHEYM CENTRAL LIBRARY IN TIDE CITY OF SAN BERNARDINO (INCLUDES COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS) having examined the Plans and Special Provisions with related documents and the site of the proposed work , and being familiar with all of the conditions surrounding the construction of the proposed project including the availability of materials and tabor, hereby proposed to furnish all labor, materials, and supplies, and to construct the project in accordance with the B-t Bid and Contract Documents, within the time set forth therein, and at the prices stated,below. These prices are to cover all expenses incurred in performing the work required under the contract documents, of which this bid is a part. Bidder hereby agrees to commence work under this contract on or before a date to be specified in written "Notice to Proceed" of the CITY and to fully complete the project within 60 Working QUs , thereafter as stipulated in the Special Provisions. Bidder further agrees to pay as liquidated damages, the sum of $500.00 ., for each consecutive calendar day thereafter as hereinafter provided in Section 4 of Part 11 of the Special Provisions. Bidder shall acknowledge receipt of addendum(s) on Sheet C-1 of these Bid Documents. *Insert corporation, partnership or individual as applicable. B-2 SCOPE OF WORK The roof and sky light to be replaced is for Norman F. Feldheyin Central Library. The planned work will not be on major streets in the City of San Bernardino and traffic control will not be required. Inspection will be made by the Building and Safety Division. This inspection and the Bid Schedule will be the basis of payment to the contractor for the project. The work to be done is at Main ( 2"d floor roof) Roof Area with Penthouses and Lower (I" floor areas) Roof Areas. The work mainly consists of the removing and disposing of existing gravel surfaced asphalt built-up roof system. Adhered Thermoplastic-PVC Membrane Roof System: 72-mil G410 Feltback Membrane installed over 1/4" DensDeck Prime cover board and properly prepared Structural Concrete or Lightweight Insulating Concrete Roof deck substrate. Remove existing sky light and install new skylight; Install Bilco Type "S" Roof Hatch (36"x30" Paint Bond Steel); Install new "Samadrain w/ U-Flow" Retrofit Drain (4"); Install new Sarnatred-V Walk Tread (Light Gray); Repair/Replace damaged Lightweight Insulating Concrete 6.5"Thick. The removal and replacement of roof and sky light shall be included as required by CITY inspection. The Contractor shall be responsible for the complete roof replacement. In some case the work shall consist of the replacement and connection of the sky light, vents, in accordance with Roof Manufacture standards, inspection and approval of the work by the CITY. Bid Items on the Contract Bid Schedule are the CITY's estimated items and quantities, and actual items and quantities may defer in the work of the project. Quantities of work shall be paid per item basis lump sum bid price on the Contractor's submitted contract Bid Schedule and Section 6, of these Special Provisions. The undersigned bidder hereby agrees, if this bid is accepted, to furnish all material except as noted and do all the work required to complete said work in accordance with the specifications and instructions, and in the time and manner therein prescribed for the unit cost amounts set forth in the schedule on the following bid. The bidder also understands that there is no warranty or guarantee given or implied as to the total amount to be ordered as a result of this contract. The quantities stated in this bid are estimates,to be used for bid comparison purposes only. B•3 BID FORM TO THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO The undersigned declares that he has carefully examined the location of the proposed work, that he has examined the Plan and read the accompanying instructions to bidders and hereby proposes to famish any and all required labor, materials, transportation and service for the ROOF REPLACEMENT AT NORMAN F.FELDHEYM CENTRAL LIBRARY IN THE CITY OF SAN BERNARDINO ( INCLUDES COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS) in strict conformity with Plans and Special Provisions No. 13L69 , of the Engineering Division, Department of Public Works for the City of San Bernardino and also in accordance with Standard Specifications for Public Works Construction, latest edition in effect on the first day of the advertised "Notice Inviting Sealed Bids". The undersigned proposes and agrees if this bid is accepted, that he will contract with the City of San Bernardino, in the form of the copy of the contract annexed hereto, to provide all necessary machinery, tools, apparatus and other means of maintenance, and to do all the work and furnish all the materials specified in the contract, in the manner and time therein prescribed, and that he will take in full payment therefor the following unit prices or lump sum prices, to-wit: B-4 BID SCHEDULE PLANS & SPECIAL PROVISIONS NO. 13069 ROOF REPLACEMENT AT NORMAN F. FELDHEYM CENTRAL LIBRARY IN THE CITY OF SAN BERNARDINO BID ITEM DESCRIPTION OF ITEMS QUANTITY UNIT UNIT PRICE TOTAL NO. _jEgLMATJED (FIGURES) 1. MOBILIZATION J,S 7,000 /LS 7,,00 0.00 ............... DEMOLITION (ROOF sysTEM REMOVAL) I LS $ 91,000 /1"S $ 91,000.00 3. FURNISH AND INSTALL SKY LIGHT I LS $ 195,000 /LS $ 195,000.00 4, FURNISH ROOF MATERIALS AND INSTALL I 1,S S 322,434 /LS $ 322,434.00 5. RE PAIRIREPLACE DAMAGED LIGHTWEIGHT QUANTITY SF $ 225.99/ SF INSULATING CONCRETE 6,5"THICK AS RE U RED TOTAL BID: $ 615,434.00 F3-5 BID NOTES: All blank spaces appearing above must be filled in. In case of discrepancy in Bid Amounts, "UNIT" prices shall govern over extended"TOTAL"amounts. Total bid price for the entire contract work shall include the cost of labor, materials, equipment parts, implements, taxes and supplies necessary to compete the project,as based on the City Engineer's estimate of quantities of work. The total price must be extended for each item of work and the total of all items inserted in the space provided. Bidders shall complete and submit entire BID DOCUMENT section as their bid to the City. Failure to do so will result in bid being non-responsive. Any situation not specifically provided for will be determined in the discretion of the City of San Bernardino(CITY), and that discretion will be exercised in the manner deemed by the CITY to best protect the public interest in the prompt and economical completion of the work.. The decision of the CITY respecting the amount of a bid, or the existence or treatment of an irregularity in a bid,shall be final. BIDDER declares that this BID is based upon careful examination of the work site and the Bid and Contract Documents. 'rime is of the essence in the completion of work encompassed by this bid. Contractor must commence work on roof replacement at Norman F. Feldhcyrn Central Library and submit proof of insurance coverage for the entire work as per the Contract Documents,within ten(10)calendar days after notification by the CITY. Contractor must pursue the work continuously after commencement of job to complete the entire work order. 60 working days are allowed for this project. BIDDER fully understands that the bids submitted include the use of qualified installers(roofers),and that the CITY OF SAN BERNARDINO will not fund additional monies to accomplish the intent. BIDDER understands that a bid is required for the entire work,that the quantities set forth in the Bid Schedule are to calculate total bid amount for comparison only,and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER agrees that the CITY reserves the right to increase or decrease the amount of any quantity shown in the Bid Schedule and to delete any item from the contract and pay the contractor at the bid lump sum prices. The CITY will issue to the selected contractor Work Orders that indicate locations,extents,and details for all work to be performed. The contractor shall notify the CI ry Inspection Division and provide a schedule for completion of the work at least 48 hours,prior to commencing work. B-6 BIDDER'S, INFORMATION AND SIGNATURE. It is the understanding of the undersigned that the work hereinabove described shall he commenced within jO working days from the date of the"Notice to Proceed",and shall be completed within 10_working days from the date of said notice,as directed in SECTION 4 of these Special Provisions.. The undersigned further agrees that in case of default in executing the contract, or furnishing necessary bonds,all within the specified time, the proceeds of the Bidder's Guaranty accompanying this bid shall be paid to the City of San Bernardino as liquidated damages. Licensed in accordance with an act providing for the registration of Contractor, LICENSE EXPIRATION FEDERAL TAX ID N1,71: 249559 T CLASSIFICA:FION(S): C-39 DATE- 7/31/2018 95-2392938 FIRM NAME SAN MARINO ROOF CO., INC. BUSINESS ADDRESS: 2187 N. Batavia St. Orange CA 92865-3103 BUSINESS 11110NE: 714-974-3070 FAX: 714-282-1137 CELL: 714-336-8669 If an individual, so state, If a firm or co-partnership, give the names of all individuals, co-partners composing the firm. If a corporation,give the names of the president,secretary,treasurer and manager thereof: CORPORATION Is Bidder currently a certified DBE? Yes I I No X Tcg—lal ka;;� Of—Firm — NAME(S) ADDRESS(ES) Gregory A. Banks, President 2187 N. Batavia St., Orange CA 92865 Ernest L. Banks, Vice Pres. 2187 N. Batavia St., Orange CA 92865 N/A N/A SIGNATURE OF Dated: July 19 20 16 BIDDER'S INITIALED ACKNOWLEDGEMENT OF ADDENDUMS: ADDENDUM NO, I A.T. DATE: 07/11/16 ADDENDUM NO.2 N/A DATE: N/A ADDENDUM NO.3 N/A DATE: N/A ADDENDUM NO.4 N/A DATE: N/A C-I SPECIAL NOTICE The bidder's attention is directed to the section entitled, "Required Listing of Proposed Subcontractors", in Section 2 of the special provisions regarding the requirement that proposed subcontractors be listed in the bidder's Bid Documents. Instead of listing only subcontractors for signal and lighting work as in the past, all subcontractors are now to be listed in the Designation of Sub-Contractors for items of work or portions thereof to be subcontracted in excess of one-half of one percent of the total bid or$10,000.00, whichever is greater. In the case where a bidder claims an inadvertent clerical error in listing sub-contractors, a notice of the claim must be submitted to the Office of the City Engineer in writing within 2 working days after the time of the bid opening and send copies of the notice to the subcontractors involved. The bidder shall provide the actual dollar"Sub-Contract Amount" as submitted by each listed sub-contractor, keeping in mind that the prime contractor for this project is required to provide or perform, with his own organization, contract work amounting to at least 500/o of the total contract bid price. Material required for any of the contract work of this project that is purchased directly by the prime contractor is considered as included in the prime contractor's 50% requirement, If material purchased directly by the prime contractor is to be used by a listed sub-contractor in performing contract work, the dollar amount of such purchased material should not be included in the dollar amount listed for said sub-contractor. The following is in addition to Subsection 2-3.2, "Self Performance," of the Standard Specifications: If the 'Bid submitted by the Contractor fails to meet at least 50% of the amount of work required, with its own forces, the Bid will be considered non-responsive and rejected with no farther consideration. If after execution of the Contract Agreement, the CITY discovers the Contractor is performing work amounting to less than 50"/o of the Contracted amount, except for "Specialty Items", the Contractor shall be notified that he or she is in violation of the Contract. The dollar amount of the portion found to be subcontracted by the Contractor, resulting in less than 50% of the amount of work required to be performed by the Contractor, shall be deducted from payment to the Contractor. The deduction shall not exceed 50% of the contracted amount required to be performed by the Contractor. The Contractor will not be penalized by the CITY resulting from Contract Change Orders that increase subcontract items of work. C-2 SAN MARINO ROOF CO., INC. BIRDER FIRM N&ME D SI+GNA.TION QF sUP--UNMCV0RS PLANS & SPECIAL P YI MNS Q.13 In compliance with dw provisions of Section 41004114 of the Public Cnaet Cc& of the State of California and any amendments thereof,each bidder shall set forth the name and location of each subcontractor who widl perfmnt work or tabor of render service to the Contractor. Name&Address Agency&Ito.of Sub-Contract Co�'a Licaw Under Which MBEBu CERT, Sub-Conrn's Licensed {If Apple) Ply-No, t 1�f€ to Be erfctttrted CSLB#990645 Klondike Roof Const p 626-$51-4747 �,�• � Tear oF service 10016 Pioneer Blvd.,#102 Santa Fe Springs CA 90670 CSLB#501049 2. Harwood ConstructionµInc. 1695 Curtiss CLP 909-593-6555 _ 909-593-4034 Translucent Panel SysteMsky{fights La Verne CA 91750 .1. 4, ... N/A t ul tTl c3 i,�1.�sP I tS R QLtREL,lL�E DUL,ICATE THIS-SHEET 00 NOT WRITE ON THE BACK C-3 WORKERS' COMPENSATION INSURANCE CERTIFICATION I am aware of the provisions of Section 3700 of the Labor Code requiring every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Contractor: NAME OFF": -SAN MARINO ROOF CO., INC. BY: V TITLE: And G. Tovey, Project Manager DATE: Auly 19 2016 C-4 (This affidavit shall be executed by all bidders at the time of bid submittal. Failure to execute the affidavit oil this page will result in rejection of bid.) NON-COOLLUSH )N AFFIDAVIT To the Division of Public Works, Department of Development Services,City of San Bernardino,State of California: The undersigned in submitting a bid for performing the following work by contract, being duty sworn, deposes and says: ,rhat he or she is of the party making the foregoing bid,that the bid is not made in the interest of,or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired,connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; communication, or conference with anyone to fix any overhead. , profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract on anyone interested in the proposed contract; or take any action in restraint of free competitive bidding in connection with such contract; that all statements contained in the bid are true; and further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. SAN MARINO ROOF CO. INC. Firm. Name Oignaturc of Bid r And G. TgYqK,-Pro�ect Mana er Printed Name and Title 2187 N. Batavia St. QEqrl_q_q CA 92865 Business Address Corona CA Place or Residence Subscribed and sworn to(or affirmed)before me this day of 120__ the above proved to me on the basis of satisfactory eviden be the person who appeared before me, basis before to e this satisfactory" ,a/1isfacmv,i,d,en, I Signed A 7TACI-16L)w. o Notary Public in and for die County o S 8 a c of California. My Commission expires on Year C-5 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On July 19, 2016 before me, Annette I. Mejia, Notary Public (insert name and title of the officer) personally appeared Andy G. Tovey who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ANNETTE I.MEDIA WITNESS my hand and official seal. Commission*22 3 73a < -d Notary Public-California z Z ' Orange County �• C � My Comm. Expires Dec 3, 2019 Signature ��i (Seal) CO3Ji-1A1t,0V1TY DEVELOPMENTBLOCK GRANT PROGRAM CONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS TO (Appropriate Recipient) DATE: July 19, 2016 The City Enqineer for the City of San Bernardino P ROJECT NO. (Ifany) C/ ., o City of San Bernardino 13069 Public Works Department FlOffiCifNAME. 300 N. "D" St., 3rd Floor Norman Feldheym Library San Bernardino CA 92418-001 555 W. 6th St., San Bernardino CA 92418 1. The undersigned, having executed a contract with SAN MARINO ROOF CO., INC. pwwyq for the construction of the above-identified project, acknowledges that: (a) The Labor Standards provisions are included in the aforesaid contract, 10 COITUCtion of any infractions of the aforesaid conditions, including infractions by any of his subcontractors and any lower tier subcontractors,is his responsibility, 2. He certifies that: (a) Neither he not any firm,corporation,partnership or association in which he has substantial interest is designated as an ineligible contractor by the Comptroller General of the United States pursuant to Section 5.6(b)of the Regulations of the Secretary of Labor,Part S (29 CFR, Part 51)or pursuant to Section 3(a)of the Davis-Bacon Act,as amended (40 G`S.C 276a-2(q). (h) No part of the aforementioned contract has been or will be subcontracted to any subcontractor if such subcontractor or any firm,corporation,partnership or association in which such subcontractor has a substantial interest is designated as an ineligible contractor pursuant to any of the aforementioned regulatory or statutory provisions. 3. He agrees to obtain and forward to the aforementioned recipient within ten days after the execution of any subcontract, including those executed by his subcontractors and any lower tier subcontractors, a "Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Requirements"executed by the subcontractors. 4. lie Certifies that (a) The legal name and the business address of the undersigned are: SAN MARINO ROOF CO., INC. (b) The undersigned is: 3 (3 ) A CORPORATION ORGANIZED IN THE STATE OF California (#494563) 2)_A_RAJLTNLRSWP__ 4 ................... ................. ...... C-6 Page 41 of'2 4, (cont) {c) The name,title and address of the owner,partners or officers of the undersigned are: NAME TITLE ADDRESS Gregory Allen Banks President 2187 N. Batavia St., Orange CA 92865 Ernest Lee Banks Vice President 2187 N. Batavia St., Oran e CA 92865 N/A N/A N/A N/A {d) The names,addresses and the nature of the interest of all other persons,both natural and corporate, having a substantial interest in the undersigned are (If none, so state); NAME ADDRESS NATURE OF INTEREST N/A NONE (e) The names,addresses and trade classifications of'all other building construction contractors in which the undersigned has a substantial interest are (;f none, so slate): NAME ADDRESS TRADE CLASSIFICkrION NONE SAN MARINO ROOF CO., INC. _�._.. .........._ ._.._. CONT94t,Tc R i DATE: July 19, 2016 .. _ BYE^' �itVt77°tlRh°) U.S. Criminal Code,Section 1010, Tide 18,U.S.C., pmvl(tes in part "Whoever.......makes, passes, masts or pabliskes any stateme^ knowing the same to be false .........shall he fined not more than $5,60 or imprisoned not more than two(1) years, or back. C-7 CONTRACTOR'S CERTIFICATION OF COMPLIANCE WITH DAVIS-BACON AND RELATED ACTS REQUIREMENTS I, SAN MARINO ROOF CO., INC. _,as Prime Contractor for Project Name: Roof Replacement at Norman„F. Feldheym Central Library 555 W. 6th St., San Bernardino CA 92410 Plans & Special Provisions No: 13069 hereby make the following certification and acknowledgement with respect to the applicability of Davis-Bacon and Related acts Requirements: l) By entering into this Contract, I certify that l acknowledge that the above referenced project is federally funded and l am solely responsible for complying with Davis-Bacon and Related Acts Requirements and, 2) The Prime Contractor and all Subcontractors are required to ,pay their laborers and mechanics employed under this contract, a wage not less than the highest wage applicable to their work classifications, as specified by the current and applicable Federal Wage Detennination. If no Federal work classification appears to apply, the Prime Contractor shall make written request to the CITY to obtain applicable work classifications and wage rates prior to the start of construction. When the same classification appears in both the Federal and State Wage Determinations, the higher wage must be paid for that classification, The Prime Contractor is responsible for ensuring;Subcontractor compliance with Davis-bacon and Related Acts Requirements. IF THE COMPANY IS A CORPORATION,CORPORATE OFFICERS ARE AS FOLLOWS: Gregory A. Banks President Ernest L Banks Vice President Gregory A. Banks Secretary t Treasurer �— A ,may✓ Signature, i e Contractor President Title(6VonoomPresident) Jul 19, 2016 Date C-8 CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY PROJECT TITLE: Roof Replacement at Norman F. Feldheym Central Library (#13069) a.........._ INSTRUCTIONS This certification is required pursuant to Executive Order 11246( 30 F.R. 12319-25 ). The implementing rules and regulations provide that any bidder or prospective contractor,or any of their proposed subcontractors,shall state as an initial part of the bid or negotiations of the contract whether it has(they have)participated in any previous contract or subcontract subject to the equal opportunity clause;and, if so,whether it has(they have)filed all compliance reports due under applicable instructions. Where the certification indicates that the bidder has not filed a compliance report due under applicable instructions,.such bidder shall be required to submit a compliance report within seven calendar days after bid opening. No contract shall be awarded unless such report is submitted, CERTIFICATION BY BIDDER Bidder's Name: SAN MARINO ROOF CO., INC. Address and Zip Code: 2187 N. Batavia St. Orange CA 92865-3103 1. Bidder has on file an affirmative action program pursuant to Part 60-2(applies to non-construction contracts). YES 1:1 NO El 2, Bidder,has participated in a previous contract or subcontract subject to the Equal Opportunity Clause. Y111"S NO (1f answer is YK5, identift,the most recent contract.) (If amwer is no,contractor may be required to submit an EEO4 survey or other reports to the Equal Employment Opportunity Commiysion. Coniact the EEOCot 800-669-4000 or inquire online ai http.11www.ceoc.govleeolsurveylind"kimi. 3. Compliance reports were filed in connection with such contract or subcontract with the Joint Reporting Committee,the Deputy Assistant Secretary or the Equal Employment Opportunity Commission. YFS E] NO 0 NONE REQUIRED E CE RTIFICATION—The information above is true and complete to the best of my knowledge and belief. Gregory A. Banks, President Xame and Title of Signer (Please Type) July 19, 2016 Signature Date C-9 Bond No. CSBA-2601 FORM OF BID BOND KNOW ALL MEN BY THESE PRESENTS, that we,the undersigned,. San Marino Roof Co., Inc. as Principal,and The Ohio Casualty Insurance Company as Surety,are hereby and firmly bound unto the City of San Bernardino , State of California, hereinafter referred to as"Obligee" in the penal sum of ten percent 10% of the total amount of the bid of the Principal submitted to the Obligee for the work described below,for the payment of which sum we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns.. THE CONDITION OF THIS OBLIGATION IS SUCH, THAT: WHEREAS, the Principal has submitted to Obligee,a certain Bid,attached hereto and hereby made a part hereof to enter into a contract in writing,for the Roof Replacement at Norman F. Feldheym Central Library 555 W. 6th Street, San Bernardino, CA 92410 (Copy here the exact title description of work including location as it appears on the proposal) for which bids are to be opened on July 12th, 2016 (Insert date of opening) NOW, 'THEREFORE, a. If said Bid shall be rejected,or in the alternate, b. If said Bid shall be accepted and the Principal shall execute a contract in the Form of contract attached hereto(properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said contract, and shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void; otherwise,the same shall remain in force and effect;it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall,in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Obligee may accept such Bid; and said Surety does hereby waive notice of any such extension. Signed, this 6th day of July , 2016 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers,the day and,year first mentioned. San Marino Roof Co. Inc. (SEAL) The Ohio Casualty Insurance Company{SEAL) Principal Surety Sign&ure Signature Gregory A. Banks, President Dwight Reilly, Attorney-in-Fact Printed Name and Title Printed Name and Title NOTE:Notarization of Principal and Surety signatures and Power of Attorney of the Surety shall accompany this form. C-10 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On July 19, 2016 before me, Annette I. Mejia, Notary Public (insert name and title of the officer) personally appeared Gregory A. Banks who proved to me on the basis of satisfactory evidence to be the person(s) whose nameN is/ace- subscribed to the within instrument and acknowledged to me that hefsheAhsy executed the same in his/herftiieir authorized capacity(ies}, and that by his/had4hew signatures) on the instrument the person('), or the entity upon behalf of which the person() acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ANNETTE i. MEJiA Commission#t 2132734 Z c Notary Public-California z Z orange County M Comm.Ex ires Dec 3,2019 � Signature � " (Seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On _ July 6, 2016 before me, Karen L. Ritto, Notary Public (insert name and title of the officer) personally appeared Dwight Reilly who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/anx subscribed to the within instrument and acknowledged to me that he/ ( t executed the same in hisbbeedbeixauthorized capacity*s), and that by his/becfteixsignature(z) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. KAR L Comm.Dsjires f, 2.j 9 It Signature (Seal) Karen L. Ritto THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 7389188 American Fire and Casualty Company Liberty Mutual Insurance Company Bond No. CSBA-2601 The Ohio Casualty Insurance Company West American Insurance Company i POWER OF ATTORNEY 4 KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of j the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Andrew Waterbury;Arturo Ayala;Daniel Huckabay;Dwight Reilly;Michael Castaneda;Shaunna Burchfiel i� 1 all of the city of Orange ,state of CA each individually if there be more than one named,its true and lawful attorney-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed ii thereto this 8th day of June 2016 ' PND CASG ,ZY INso v INS Uq �wSUq American Fire and Casualty Company �`6 c.PavoaarFG-9�G gpR°ORtr2� JaJ �oRa.Vtir� w��C ;vraxgr r� The Ohio Casualty Insurance Company Liberty Mutual Insurance Company m a 1906 np o 1919 n > 1912 0 a 1991 d z a o �, W West merican Insurance Company = �L F�yAM111^:��Q a J>�'1'NA I-tF4,.'al] `fli "°SS, En �> �i <4'c N �- •f/7 l * * * * By. .G v STATE OF PENNSYLVANIA ss David M.Care ,Assistant Secretary C ` COUNTY OF MONTGOMERY cc On this 8th day of June 2016 before me personally appeared David M. Carey,who acknowledged himself to be the Assistant Secretary of American Fire and 6. v ;0 s Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Insurance Company,and West American Insurance Company,and that he,as such,being authorized so to do, >,W C o execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. _ m > IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written. O 0 pq COMMONWEALTH OF PENNSYLVANIA �+p ���f Notarial Seale M I c q ti C, s v Teresa Pastella,Notary Public B y O D of Plymouth Up.,Montgomery County Teresa Pastella,Notary Public y C My Commission Expires March 28,2017 3 rO `a�,t� 'E' Member,Pennsylvania Association of Notaries O E 0. C p This Power of Attorney is made and executed pursuant toan Wby authority of the following By-laws and Authorizations of American Fire and Casualty Company,The Ohio Casualty Insurance m O a Company,Liberty Mutual Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: CAN w� t4 ` ARTICLE IV—OFFICERS—Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject O = v to such limitation as the Chairman or the President may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, m C acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact,subject to the limitations set forth in their respective -a powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so M d cu executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under >C the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. _ R ARTICLE XIII—Execution of Contracts—SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, r= ` and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to actin behalf of the Company to make,execute, M Z3 seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their C o0 respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so 0 o executed such instruments shall be as binding as if signed by the president and attested by the secretary. 0 T— Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- ~ ! fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety jobligations. Authorization—By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I,Gregory W.Davenport,the undersigned,Assistant Secretary,of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said j Companies,is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 6th day of July 20 16 Pr1D CgSV ti�Y`N,S6 �INSUk �INSup, �JPr.ONP.)gAr9 jJ�<)gPCiygj�lVr� ^e�C• .pµ�oRgr CR, z n a 1906 0 1919 > 1912 ° 1991 ?Z By: as P� o Gregory W.Davenport,Assistant Secretary �ij"1stCn:> T�> rr:tnar;H T I 23 of 100 LMS_12873_122013 07/19/2016 10:20 7142821137 SAN MARINO ROOF CO PAGE 01101 CERTIFICATION BY PROPOSED SUBCONTRACTOR REGARDING EQUAL EMPLOYMENT OPPORTUNI'T'Y Name of Prima Contractor. ec, Project Nome» k'' �G►C M -f�t r� - t�¢�v� 1n e �y xtac�rt} r INSTRUCTIONS This cettificadon is required pursuant to Executive Order 11246<30 P.R. 1231925). The implementing rules and .regulations provide that any bidder or prcaspective contractor,oz.any of their proposed subcoatmetoss,shall state as an initial hart of the bid or negotiations of the contract whetherr it has participated in any previous contract or subcontract subject to tbt equal oppominity clause;and, if so,whether it leas filed all compliance reports due under applicable instructions. Where the certification indicates that the subcontractor has not filed a compliance report due under applicable instrucdorts, such subcontractor shall be required to submit a compliance report before the awnerr app mes the subcontract or perm its work to begin under the subcontract Si3SCONTRACT'OWS CT-T-T,1'1C NTION Subcontmaor's Name: Address&Zip Code: ,��t>1Le�cot�t �,/ � 2 I.R iddex has on file an affmutiative action progmn p munut to Pact 60-2(applks to nor.-construction cor rtrar o). Yes❑ No Q 2-Bidder Etas participated in a previous cmdract or�beoutract subject to the Equal Oppoxnurity Clause. Yes❑ No LJ (I,f answer rs;yea, identify the moot resew conftcQ afowvAr is no,contractor loans be respired to submit an F70-1 survey or other repom to the Equal Am#*yrne rt 0ppottunity Comnsis tlon,contact the EEOC of 800-66S-41100 or inguint a>aline at kNp:l/www.eeec.gavleftIMrv4llrtd WLhtmL 3.Compliance rmwrts were filed in courmeWn with such contract or subcontract whin the Joint Reporting Committee,the I gxAy Assistant Secretary or the E ual ftP12yinmt Ow6ramity Commission. Yes U No La None required rred 0 Certification: 'The infonnation above is true and complete to the best arf my krmwledge and belief. Naar=and TWe of Signer Please 7'ypt) Signature Date • NUTEr TIIISTORMMbWf B.EFIJ.L.P SDOVr OYEAC13OFTt1E8lADER'SSUBCONTRAC NS. Page a of 11 CERTIFICATION BY PROPOSED SUBCONTRACTOR REGARDING EQUAL EMPLOYMENT OPPORTUNITY Name of Prime Contractor- SAN MARINO ROOF CO..INC Project Name Roof Replacement at Norman lf. Feldhe y m Central Library hft„Cl of An,$emarding_..,. MSTRUCTIONS This certification is required pursuant to Executive Order 11246(30 E.R. 12319-25), The implementing rules and regulations provide that any bidder or prospective contractor,or any of their proposed subcontractors,shall state as an initial part of the bid or negotiations of the contract whether it has participated in any previous contract or subcontract subject to the equal opportunity clause-, and, if so, whether it has filed all compliance reports due under applicable instructions. Where the certification indicates that tJ1ic subcontractor has not filed a compliance report due under applicable instructions, such subcontractor shall be required to submit a compliance report before,the owner approves the subcontract or permits work to begin under the subcontract. sliBCONTRACTOR'S CERTIFICATION Subcontractor's Name: Harwood Construction, Inc. Address&Zip Code- 1695 Curtiss Court La Verne, CA 91750 ),Bidder has on file an affirmative action progrm pursuant to Part 60-2(applies to non-construction contracts). Yea[0 No[I 23idder has participated in a previous contract or subcontract subject to the Equal Opportunity ClituSe. Yes W No n (1f answer is yes, ide*6 she most recent contract) (1f answer 1$no,contractor may be regained to submit an ESO-1 survey or other repoph to lfw Equal Emplayment Opportunity Commission,contact the E90C at 800469-4000 or i"Wre online at 3 Compliance reports were filed in connection with such contract or subcontract with the Joint Reporting Committee,the Deputy Assistant Secretary or the Equal Emplo ant offortunity Commission. Yes r No U None required C1 Certiftcotion. The information above is true and complete to the best of my knowledge and belief Scott Harwood, Vice President Narno and Title of Signer glease 7)Fe) 7/1812016 'to Date • NOT& 7yJIS.1.0RAt AJUSTBE FILLED OUT BY EACH OF THF.81DDER'S SUBCONTRAMRS, Pago 8 of 11 SAN MARINO ROOF CO., INC.____ BIDDER'S FIRM NAME MBE/'W BE INFORMATION - GOOD FAITH EFFORTS PLANS & SPECIAL PROVISIONS NO. 13069 Federal Affirmative Action Compliance Guidelines have established a Minority Business Enterprise (MBE) Goal of 19% and a Women Business Enterprise (WBE) Goal of 611/6 for this project. The information provided herein shows that adequate good faith efforts were made. See also Page I I of CQB QNTRACT PROVISIONS of thGse,Sp vial !rov lsiom, A. The names and dates of each publication in which a request for MBF./WBE participation for this project was placed by the bidder(please attach copies of advertisements or proofs of publication): Publications Dates of AdWrtisement ........... B, The names and dates of written notices sent to certified MBEs/WBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the MBEs/WBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc,): Names ofJVIBEiWBE InitialSolicitation Follow Up Xlelhodv Solicited Dates and Dates ......................... C' The items of work which the bidder made available to MBFJW3E firms, including, where appropriate, any breaking down of the contract work items (including those items normally performed by the bidder with its own forces) into economically feasible units to facilitate MBFI/WBE participation, It is the bidder's responsibility to demonstrate that sufficient work to facilitate MBE/WBE participation was made available to IMBE/WBE firms. Items of Work Breakdown of Items MATERIALS ROOFING MATERIALS The names, addresses and phone numbers of rejected MBE'/WBE firms, the reasons for the bidder's rejection of the MBE/WBE, and the firms selected for that work (please attach copies of quotes from the firms involved): Firms Rejected N/A .................. .......... ...... .......... Firms Selected Roofers Mart of Southern California, Inc. CBE ID#84901 Status: MBE/WBE/DBE -P.O. Box 428, Walnut CA 91788 Efforts made to assist interested MBE/WBEs in obtaining bonding, lines of credit or insurance, and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to MBF./WBP,s: N/A F'Ifforts made to assist interested MBE/WBEs in obtaining necessary equipment, supplies, materials or related assistance or services, excluding supplies and equipment the MBE/WBE subcontractor purchases or leases from the prime contractor or its affiliate: Supplier is MBE/WBE/DBE .......... G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using certified MBEs/WBF. firms (please attach copies of requests to agencies or organizations, and any responses received, i.e., lists, Internet page download, etc.): Name of Method lDate Results AgencylOrganization of Contwt of Contact N/A 11. Any additional data to support a demonstration of good faith etforLs use additional sheets if necessary LOS ANGELES COUNTY Los Angeles County Board of supervisors Hilda L.Solis C ONSUMER & Mark Ridley-Thomas Sheila Kuehl B USINESS AFFAIRS Don Knabe Michael D.Antonovich Brian J.Stager Director 1/21/2016 Ms. Cecile Robles, CFO CBE Program I.D.#:84901 Roofers Mart of Southern California, Inc Status:MBE/WBE/DBE PO Box 428 Walnut, CA 91788 Dear Ms. Robles: Congratulations! Your firm has been recertified as an eligible participant in the County of Los Angeles Community Business Enterprise(CBE) Program. This recertification is valid until 1/211201& The County of Los Angeles Office of Small Business reserves the right to request additional information and/or conduct an on-site visit at any time during the certification process to verify any documentation submitted by the applicant. If there are any changes in ownership or control of the firm during this certification period, you are required to notify this office immediately. Thank you for registering your business with the County's Vendor Registration website (WebVen) at hftp://camisvr.co.1a.ca.us/webven, You are now eligible to participate in the County's online access to open bids, be placed on bid lists generated by County departments looking for prospective vendors and periodically be notified automatically via email of County bids by specific commodities/services. Again, congratulations on your recertification. If you have any questions, please call (855) 230- 6430 and refer to the identification number above. Sincerely, Brian J. Stiger Director Debbie Cabreira-Johnson Program Director BJ&DCJ/ct ................. 500 W.Temple St_Room 8-96-Los Angeles,CA 90012-2706 toll-free 800.593,8222•phone 213,974.1462•fax 213.687,1137 ........................................­­­­­­­­-——------- ................................................................ .... ..... ... ftba.lecounty.gov CONSTRUCTION CONTRACT PROVISIONS FOR FEDERALLY FUNDED PROJECTS CITY OF SAN BERNARDINO CONSTRUCTION CONTRACT PROVISIONS FOR FEDERALLY FUNDED PROJECTS The following Standards, Instructions and Certifications are provided to ensure compliance with Federal and State contracting requirements for Federal Community Development Block Grant funded construction projects and are contained in these Special Provisions or, by their reference,are included in these Special Provisions. I. Documents -- All documents that will be required to be completed, signed and submitted by the lowest responsive bidder following the Bid Opening are contained in CDBG CONTRACT PROVISIONS at the end of Part I of these Special Provisions. II. Labor Standards and Provisions -- This section contains Federal and State labor regulations regarding construction contracts. * Federal Labor Standard Provisions - HUD - 4010 -- The prime contractor and all subcontractors are required to abide by the Federal Labor Standards. The prime contractor is responsible for including these provisions in all subcontracts. (Authority cited in text of Provisions contained in PART III of these Special Provisions). * Title 29 - Labor (Part 3 and Part 5) -- Includes: Copeland "Anti-Kickback" Act and Davis- Bacon Provisions. * Article 40 USC - Section 327 -- Contract Work Hours and Safety Standards Act -- Established standards for hours of work and overtime pay. * California Labor Code Excerpts beginning with 1773.3 relating to Apprentices on Public Works -- The use of apprentices under State regulations, is described in this referenced document. * Prevailing State and Federal Wage Decisions -- The prime contractor and all subcontractors are required to pay their laborers and mechanics employed under this contract, a wage not less than the highest wage for the work classification, specified in both the Federal and State wage decision. (Authority-Title 29-Labor Part 5) * Documents requiring signature under this section include: (a) Contractor's Certification Concerning Labor Standards and Prevailing Wage Requirements. (Authority-Title 29-Labor Part 3 and Part 5) (b) Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Requirements. (Authority-Title 29-Labor Part 3 and Part 5) CP-I III. Equal Employment Regulations tions - This section contains Federal Equal opportunity requirements regarding construction and non-construction contracts. * Affirmative Action Compliance Guidelines for Construction and Non-Construction Contractors ( contained in PART III ) - Prior to being awarded the contract, the selected contractor an subcontractor(s) who meet the guideline criteria for filing, must complete and submit the Affirmative Action Plan. This provision generally applies to contracts and subcontracts in excess of $10,000. (Authority - Executive Order 11246 as amended by Executive Order 11375 and Executive Order 11246 as amended by Executive Order 11375 and Title 41 --Public Contracts and Property Management,Part 60). The following applies to all contracts and subcontracts with a value in excess of $10,000 unless otherwise noted: * Equal Employment Opportunity Clauses per Executive Order 11246 as amended by Executive Order 1 1375 (in PART III)include a summary of Equal Opportunity requirements that all contractors and subcontractors are subject to comply with regardless of contract value. * Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era Readjustment Act of 1974,as amended. * U.S.Department of Housing and Urban Development—Standards of Conduct * Documents requiring signature under this section include: a) Certification of Bidder Regarding Equal Employment Opportunity. b) Certification By Proposed Subcontractor Regarding Equal Employment Opportunity. C) "Section 3" Clause, With Certification when the contract exceeds $100,000. d) Affirmative Action Policy for Contractors, Subcontractor and Vendors. f) Certification of Compliance With Air and Water Acts -- The prime contractor and all subcontractors must comply with this certification when the contract exceeds $100,000. e) Contract Compliance Qualifying Report for Construction Contractor. CP-2 CONFLICT OF INTEREST Interest of Members, Officers, or Employees of the City of San Bernardino, Members of Local Governing Body, and other Public Officials. No member, officer, or employee of the City of San Bernardino, of its designees or agents, no member of the governing body of the City of San Bernardino, and no other public official of such locality who exercise any functions or responsibilities with respect to the PLANS & SPECIAL PROVISIONS NO. 13069 ROOF REPLACEMENT AT NORMAN F. FELDHEYM CENTRAL LIBRARY IN THE CITY OF SAN BERNARDINO during his tenure or for one year thereafter, shall have any interest, direct or indirect, in this contract or any subcontracts, or the proceeds thereof, for work to be performed in connection with construction of said improvements of the: ROOF AT NORMAN F. FELDHEYM CENTRAL LIBRARY IN THE CITY OF SAN BERNARDINO 0-1 DOCUMENT LIST (A) CONTRACTOR DOCUMENTS TO BE SUBMITTED WITH BID 1. Contractor Certification Of Compliance With Davis-Bacon And Related Acts Requirements -- (Authority - Title 29, Parts 3 and 5, and Federal Labor Standards Provisions--HUD-4010). 2. Certification of Bidder Regarding Equal Employment Opportunity -- (Authority - Executive Order 11246 as amended). 3. Bid Bond -- In conformance with the example "Form of Bid Bond". (Minimum Bonding Requirements established by CITY for Federally Funded Projects). 4. List of all Subcontractor'(s) addresses, license numbers, certification numbers, dollar amount of subcontractors, and specific description of subcontracts. (B) CONTRACTOR AND SUBCONTRACTOR DOCUMENTS TO BE SUBMITTED PRIOR TO NOTICE TO PROCEED 1. Executed Bid and Contract Documents -- NOTE: HUD form 4010 must be attached to contract. 2. Performance Bond -- Minimum three (3) "wet" copies to be provided by Contractor for 100%of Bid Contract Amount. 3. Labor and Materials Bond -- Minimum three (3) "wet" copies to be provided by Contractor for 100%of the Bid Contract Amount 4. Minority and Women Owned Business Enterprise Participation -- This form contains data collected by the U.S. Department of Housing and Urban Development, and must be provided prior to the Pre-Construction Meeting.. 5. Subcontractor's Certification Of Compliance With Davis-Bacon And Related Acts Requirements -- To be provided by all subcontractors (Authority - Title 29 CFR, Parts 3 and 5, and Federal Labor Standards Provisions--HUD-4010). 6. Certification by Proposed Subcontractor Regarding Equal Employment Opportunity - - To be provided by all subcontractors. (Authority-Executive Order 11246 as amended). DL-1 (B) CONTRACTOR AND SUBCONTRACTOR DOCUMENTS TO BE SUBMITTED PRIOR TO NOTICE TO PROCEED (Continued) 7. Affirmative Action Policy for Contractors and Vendors -- To be submitted by Contractors and Subcontractors with contract and subcontracts valued at $10,000.00 or more. (Authority - Executive Order 11246 as amended; Title VII of the Civil Rights Act of 1964, as amended; Section 503 of the Rehabilitation Act of 1973; the California Fair Employment Practices Act,and the City of San Bernardino's Affirmative Action Program). 3. Section 3 Clause with Certification -- To be provided by Contractor and Subcontractors with contracts and subcontracts valued at$100,000.00 or more. (Authority- cited in Text of Acts). 6. Certification of Compliance with Air and Water Acts -- To be provided by Contractor and Subcontractors with contracts and subcontracts valued at $100,000.00 or more. (Authority-cited in Text of Acts). (C) CONTRACTOR DOCUMENTS TO BE SUBMITTED DURING CONSTRUCTION In addition to the above-named items,the Contractor must provide the following as noted: (Forms provided by Public Works prior to construction.): WEEKLY 1. Contractor Certified Payroll Reports -- (Payroll Form WH-347). (Authority-Title 29 CFR, Parts 3 and 5). WEEKLY 2. Certified Payroll Reports(Payroll Form WH-347)for all Subcontractors with subcontracts. (Authority-Title 29 CFR, Parts 3 and 5). WEEKLY 3. Weekly Reports of Subcontractors on site. 4. Contract Compliance Qualifying Report for Construction Contractors and Vendors -- To be submitted by Contractor 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 and the California Fair Employment Practice Act.) DL-2 INSERT CDBG CONTRACT PROVISIONS TABLE OF CONTENTS Construction Contract Provision Definitions............................................page 1 Bid Package INSERTS and Contract INSERTS .......................................page 2 Required Documents Checklist............................................................page 3 Contractor's Certification of Compliance with Davis-Bacon and Related Acts......page 4 Minority and Women Owned Business Enterprise Participation...................pages 5-6 Certification of Bidder Regarding Equal Employment Opportunity...................-page 7 Certification of Subcontractor Regarding Equal Employment Opportunity..........page S Section 3 Report - Contracts of$100,000 or more.......................................page 9 Section `3' Clause........................................................................... ae page 10 Affirmative Action Compliance Guidelines............................................pages 11 CONSTRUCTION CONTRACT PROVISIONS- DEFINITIONS The following are definitions of State and Federal provisions/documents for federally-assisted projects. Please refer to the "Required Documents Checklist"for any documents to be completed and submitted for this project. Affirmative Action Compliance Guidelines For Construction or Non-Construction Contractors-Generally,affirmative action requirements apply to contracts and subcontracts in excess of$10,000. This document provides guidelines to help contractors meet affirmative action and equal employment opportunity requirements set forth in Federal regulations 41 CFR 60. Bid Bond-A bid guarantee of at least 10%of the contract price is required from each bidder and must be submitted with the Bid. A form is included in the"Bid Documents"of Part I of these Special Provisions. Certification of Bidder Regarding Equal Employment Opportunity-This certification is included in the"Bid Documents"and is required by Federal law(41 CFR 60). It must br completed by the prime contractor and submitted to the CITY with the Bid Documents. Certification of Compliance with Air and Water Acts-The prime contractor and all subcontractors must comply with this certification when the contract exceeds$100,000. Certification of Proposed Subcontractor Regarding Equal Employment Opportunity-This certification must be completed by all subcontractors and submitted to the prime contactor for submittal to the CITY prior to the pre-construction meeting. Contractor's Certification of Compliance with Davis-Bacon and Related Acts-This certification is required by Federal law(29 CFR 5)and must be completed by the prime contractor and submitted to the CITY with the Bid Documents. Equal Employment Opportunity Clauses/Equal Employment Opportunity Construction Contract Provisions-These provisions are to be inserted in all applicable federally-assisted contracts and subcontracts. Federal Labor Standards Provisions(HUD 4010 form)-These provisions set forth the federal labor requirements for contactors working on a federally-assisted construction projects in which the prime contract exceeds$2,000. The prime contractor and all subcontractors are required to pay their laborers and mechanics working onsite a wage not less than the highest wage for the work classification specified in both the Federal and State Wage Decisions when the contract amount for the prime contractor exceeds$2,000. The prime contractor is responsible for including these provisions in all subcontracts. Federal Prevailing Wage Decision-The Federal Wage Decision contains the federal wage rates for heavy construction projects within the County of San Bernardino. A copy of the decision is included in the bid package and can also be found at htt2:1 1~v.gpo.govldavisbaconlea.html. The wage decision that applies to the project is the one in effect 10 days prior to the bid opening date. Labor and Materials Bond-This payment bond guarantees that employees/subcontractors,and suppliers are paid for services rendered and materials supplied.The Labor&Materials Bond must be at least one hundred percent(100%)of the contract price and must be submitted to the CITY upon award of the contract. Minority and Women-Owned Business Enterprise Participation Form-This form contains data collected by the U.S. Department of Housing and Urban Development and must be completed by the prime contractor and submitted to the CITY prior to the pre-construction meeting. Performance Bond-This bond guarantees the contractor's performance under the terms of the construction contract and must be at least one hundred percent(100%)of the contract price and submitted to the CITY following award of the contract. "Section 3"-This law applies to construction contracts exceeding$100,000,on projects funded by the U.S.Department of Housing and Urban Development(HUD). To the greatest extent feasible,contractor(s)and subcontractor(s)must attempt to become a Section 3 business. A Section 3 business is one owned by a low-income person,a business of which 3010/0 of the workforce is comprised of low-income individuals,or a business that contracts 25%of its work to Section 3 businesses. Page 1 of 11 BID PACKAGE INSERT - NOTICE INVITING BIDS COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS: Bidders are advised that this project is funded with Community Development Block Grant Funds. The requirements of the Davis-Bacon Act will apply to this project and those requirements will be enforced. The prime contractor and all subcontractors are required to pay their Iaborers and mechanics employed under this Contract;a wage not less than minimum wage classification, as specified in both the Federal and State Wage Decision when the Contract amount for the Prime Contract exceeds $2,000. The higher of the two applicable wage classifications, either 'State Prevailing Wage or Davis-Bacon Federal Prevailing Wage, will be enforced for all work under this Contract. The prime contractor is responsible for ensuring subcontractor compliance with Davis-Bacon and related Act Requirements. The Federal Labor Standards Provisions(HUD 4010)apply to this project. A copy of the Davis-Bacon Federal Prevailing Wage, the date of which reflects the latest applicable modification at the time of this advertisement,is included in the Contract Documents&.Specifications. Bidders shall be notified,via Addendum,of modifications,if any,which supercede that included herein,up until a minimum of ten(10)days prior to the actual Bid Opening. It BID PACKAGE INSERT - INSTRUCTIONS TO BIDDERS COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS: Bidders are advised that this project is funded with Community Development Block Grant Funds. The requirements of the Davis-Bacon Act will apply to this project and those requirements will be enforced. The prime contractor and all subcontractors are required to pay their laborers and mechanics employed under this Contract, a wage not Iess than minimum wage classification, as specified in both the Federal and State Wage Decision when the Contract amount for the Prime Contract exceeds $2,000. The higher of the two applicable wage classifications, either State Prevailing Wage or Davis-Bacon Prevailing Wage, will be enforced for all work under this Contract. The Prime Contractor is responsible for ensuring Subcontractor compliance with Davis-Bacon and Related Act Requirements. The Federal Labor Standards Provisions(HUD 4010)apply to this project. A copy of the Davis-Bacon Federal Prevailing Wage,the date of which reflects the latest applicable modification,is included in the Contract Documents & Specifications. Bidders shall be notified, via Addendum, of modifications, if any,which supercede that included herein,up until a minimum of ten(10)days prior to the actual Bid Opening. A weekly certified payroll is required during the term of construction. Payment of invoice may be delayed when certified payrolls are not submitted weekly. The CITY shall make progress payments on any properly completed payment request submitted by the Contractor. The payment request shall not be deemed properly completed unless certified payroll form WH 347 has been properly completed and submitted on a weekly basis for each week worked during the time period covered by said payment request. Notice of Requirement For Affirmative Action To Ensure Equal Employment Opportunity - The bidder's attention is called to the "Equal Opportunity Clause and "Standard Federal Equal Employment Specifications" contained in the bid package. Goals and timetables for minority and female participation, expressed in percentage terms for the Contractors aggregate workforce in each trade on all construction work in the covered area, is 19% for minorities and 6.9%for women. INSERT - CONSTRUCTION CONTRACT Federal Labor Standard Provisions (HUD 4010 form)apply to this project and are attached. Page 2 of 11 REQUIRED DOCUMENTS CHECKLIST REQUIRED PRIOR TO CONTRACT AWARD [ ) 1. Bid Package signed by Contractor [ J 2. Signed Partnership Agreement(if applicable) [ J 3. Bid Bond [ ] 4. Signed Contractor's Certification of Compliance with Davis-Bacon and Related Act Requirements REQUIRED.PRIOR TO PRECONSTR UCTION MEETING [ ] 4. Executed Contract/Purchase Order NOTE: HUD form 4010 must be attached to contract [ ] S. Bonds(performance/payment or labor and material bonds) j J 6. Completed "Minority and Women Owned Business Enterprise Participation" form [ ] 7. Completed Bidder/Subcontractor's Certification regarding Equal Employment REQUIRED DURING CONSTRUCTION [ J 9. Weekly Certified Payrolls [ J 10. Statement of Authorization (required if payrolls are certified by someone other than the owner or corporate officer)* [ ) 11. Fringe Benefit Statement (required if employee benefits are paid to a trust/fund)* [ ] 12. Section 3 Report(Applies to contracts of$100,000 or more) *Note: These forms will be discussed by CITY staff at the preconstruction meeting Page 3 of 11 CONTRACTOR`S CERTIFICATION OF COMPLIANCE WITH DAVIS-BACON AND RELATED ACTS REQUIREMENTS as Prime Contractor for Project: hereby make the following certification and acknowledgment with respect to the applicability of Davis-Bacon and Related Acts Requirements: 1) By entering into this Contract, I certify that I acknowledge that the above referenced project is federally funded and I am solely responsible for complying with the Davis-Bacon and Related Acts Requirements; and, 2) The Prime contractor and all subcontractors are required to pay their laborers and mechanics employed under this contract, a wage not less than the highest wage applicable to their work classifications, as specified by the current and applicable Federal Wage Determination. If no Federal work classification appears to apply, prime contractor shall make written request to CITY to obtain applicable work classifications and wage rates prior to start of construction. When the same classification appears in both the Federal and State wage decisions, the higher wage must be paid for that classification. The Prime Contractor is responsible for ensuring subcontractor compliance with Davis-Bacon and Related Acts Requirements. IF THE COMPANY IS A CORPORATION,CORPORATE OFFICERS ARE AS FOLLOWS: President Vice-President Secretary/Treasurer Signature,Prime Contractor Title(Owner or President) Date Page 4 of 11 MINORITY AND WOMEN OWNED BUSINESS ENTERPRISE PARTICIPATION This form is designed to assist the CITY in assessing and reporting the proposition and amounts of contracts and subcontracts awarded to Minority and Women Owned Business Enterprises (WMBE'S) for the project named below. Include information on all subcontractors and suppliers if the total bid amount exceeds $10,000. "Minority owned or controlled" means that 51% or more of the company's ownership or controlled interest in the company is held by one or more Black Americans, Native Americans (including American Indians, Eskimos, Aleuts, and Native Hawaiians), Hispanic Americans, or Asian/Pacific Americans (including persons whose origins are from Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the United States Trust Territories of the Pacific, Northern Marianas, Laos, Cambodia and Taiwan), or any other group of natural persons identified as minorities in the project specifications by the CITY. "Female owned or controlled"means that 51% or more of the company's ownership or controlled interest in the company is held by one or more female persons. PROJECT Project Name Project Number $ Federally funded or assisted? [ ]Yes [ ] No Total Bid Amount CONTRACTOR Contractor's Name Address Federal I.D.Number CITY State Zip Code $ Minority owned/controlled? [ ] Yes [ ]No Portion of Bid Amount to be If so, what Minority? performed by Contractor Female owned/controlled? [ ) Yes [ ]No SUBCONTRACTORS 1) Subcontractor's Name Address Federal I.D. Number CITY State Zip Code $ Minority owned/controlled? [ ] Yes [ ] No Subcontract Bid Amount If so, what Minority? Female owned/controlled? [ ] Yes [ ) No ------------------------------------------------------------------------------------------------------------------------------ Page 5 of 11 SUBCONTRACTORS (Continued) 2) Subcontractor's Name Address Federal I.D.Number CITY State Zip Code $ Minority owned/controlled? [ ] Yes [ j No Subcontract Bid Amount If so, what Minority? Female owned/controlled? [ ] Yes [ ]N ------------------------------------------------------------------------------------------------------------------------------ 3) Subcontractor's Name Address Federal I.D. Number CITY State Zip Code $ Minority owned/controlled? [ ] Yes [ ] No Subcontract Bid Amount If so,what Minority? Female owned/controlled? [ ) Yes [ ]No ------------------------------------------------------------------------------------------------------------------------------- 4) Subcontractor's Name Address Federal I.D.Number CITY State Zip Code $ Minority owned/controlled? [ ] Yes [ ]No Subcontract Bid Amount If so, what Minority? Female owned/controlled? [ ] Yes [ ]No ------------------------------------------------------------------------------------------------------------------------------- 5) Subcontractor's Name Address Federal I.D. Number CITY State Zip Code $ Minority owned/controlled? [ ] Yes [ ]No Subcontract Bid Amount If so, what Minority? Female owned/controlled? [ ] Yes [ ]No ------------------------------------------------------------------------------------------------------------------------------ 6) Subcontractor's Name Address Federal I.D. Number CITY State Zip Code $ Minority owned/controlled? [ ] Yes [ ]No Subcontract Bid Amount If so, what Minority? Female owned/controlled? [ ] Yes [ ) No Female owned/controlled? [ ] Yes [ ]No Page 6 of 11 CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY Project Nance: INSTRUCTIONS This certification is required pursuant to Executive Order 11246(30 F.R. 12319-25). The implementing rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as an initial part of the bid or negotiations of the contract whether it has participated in any previous contract or subcontract subject to the equal opportunity clause; and, if so, whether it has filed all compliance reports due under applicable instructions. Where the certification indicates that the bidder has not filed a compliance report due under applicable instructions, such bidder shall be required to submit a compliance report within seven calendar days after bid opening. No contract shall he awarded rmless such report is snhmitted. CERTIFICATION BY BIDDER Bidder's Name Address&Zip Code 1.Bidder has on file an affirmative action program pursuant to fart 60-2 (applies to non-construction contracts). Yes❑ No❑ 2. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause. Yes❑ No❑ (If answer is yes, identify the most recent contract.) (If answer is no, contractor may be required to submit an EEO-I survey or other reports to the Equal Employment Opportunity Commission, contact the EEOC at 800-669-4000 or inquire online at h1tp.11www.eeoc gov/eeolsurvey/indea-hind. 3. Compliance reports were filed in connection with such contract or subcontract with the Joint Reporting Committee, the Deputy Assistant Secretary or the Equal Employment Opportunity Commission. Yes❑ No❑ None required❑ 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 Page 7 of 11 CERTIFICATION BY PROPOSED SUBCONTRACTOR REGARDING EQUAL EMPLOYMENT OPPORTUNITY Name of Prime Contractor: Project Name: INSTRUCTIONS This certification is required pursuant to Executive Order 11246(30 F.R. 12319-25). The implementing rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as an initial part of the bid or negotiations of the contract whether it has participated in any previous contract or subcontract subject to the equal opportunity clause; and, if so, whether it has filed all compliance reports due under applicable instructions. Where the certification indicates that the subcontractor has not filed a compliance report due under applicable instructions, such subcontractor shall be required to submit a compliance report before the owner approves the subcontract or permits work to begin under the subcontract. u M-CONIT°iCTQR'S CiRTiFiCA-ArAl^P: Subcontractor's Name: Address&Zip Code: I.Bidder has on file an affirmative action program pursuant to Part 60-2(applies to non-construction contracts). Yes❑ No❑ 2.13idder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause. Yes❑ No❑ (If answer is yes, identify the most recent contract.) (If answer is no, contractor may be required to submit an EEal survey or other reports to the Equal Employment Opportunity Commission contact the EEOC at 800-669-9000 or inquire online at hap://www.eeoc.gov 1eeo1survey11nd"htm1. 3.Compliance reports were filed in connection with such contract or subcontract with the Joint Reporting Committee,the Deputy Assistant Secretary or the Equal Employment Opportunity Commission. Yes❑ No n None required❑ 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: THIS FORtI MUST BE FILLED OUT BYEACH OF THE BIDDER'S SUBCONTRACTORS Page 8 of 41 Section 3 Report- Contracts over$100,000 Project Name/Number: Prime Contractor Name/Address/Phone Number: Please check the contract type: ❑ Construction ❑ Non-Construction Under Section 3 of the Housing and Urban Development Act of 1968, as amended (the Act), the City of San Bernardino is directed to award a portion of all construction contracts of$100,000 or more, on projects funded by the Department of Housing and Urban Development(HUD),to Section 3 businesses. A Section 3 business: 1) is at least 51% owned by a low-income person, or 2) has a workforce comprised of at least 30% low-income persons,or 3)subcontracts at least 25% of its work to Section 3 businesses. Contractors with contracts over$100,000 must show a good faith effort to become a Section 3 business. The prime contractor must complete the following.Numbers should reflect information from the prime contractor and all subcontractors working on the project___ #of new #new hires %of total staff %of staff hours #of low-income Job Category hires for that are low- hours worked by worked by low-income employees and the project income new hires who are employees and trainees trainees low-income (including new hires Professionals Technicians Office/Clerical Construction By Trade List 1. Trade 2. Trade 3. Trade 4. Trade 5. Trade 6. Trade 7. Trade Other(List) Please check one of the following: ❑E]I am a Section 3 business ❑E]I am not a Section 3 business 110 I am working towards becoming a Section 3 business If you checked the 3rd box above,please check efforts made to become a Section 3 business: ❑❑Attempted to recruit low-income residents through: local advertising media,signs prominently displayed at the project site,contacts with community organizations and public or private agencies. 00 Participated in a HUD program,which promotes the training and employment of low-income residents ❑E]Participated in a HUD program which promotes the award of contracts to Section 3 businesses ❑❑Coordinated with HUD Youth Build programs ❑❑Other efforts made(describe): Page 9 of 19 "SECTION 3" CLAUSE 3-2.2 Employment opportunities for business and lower income persons in connection with assisted projects.This clause applies to construction contracts of$100,000 or more,on projects funded with $200,000 or more in federal funds from the U.S.Department of Housing and Urban Development. Assurance of compliance with regulations. (A)Every contract or agreement for a grant, loan, subsidy or other direct financial assistance in aid of housing, urban planning, development, redevelopment, or renewal, public or community facilities and new community facilities and new community development, entered into by the Department of Housing and Urban Development with respect to a Section 3 covered project shall contain provisions requiring the applicant or recipient to carry out the provisions of Section 3, the regulations set forth in this part, and any applicable rules and orders of the Department issued thereunder prior to approval of its application for assistance for a Section 3 covered project. (B) Every applicant, recipient, contracting party, contractor and subcontractor shall incorporate, or cause to be incorporated, in all contracts for work in connection with a Section 3 covered project, the following clause (referred to as Section 3 clause): a. The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development as is subject to the requirements of Section 3 of the Housing and Urban Development and is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968,as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns, which are located or owned in substantial part by persons residing in the area of the project. b. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth to 24CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability,which would prevent them from complying with these requirements. C. The contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organizations or worker's representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. d. The contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development 24 CFR 135. The contractor will not subcontract unless the subcontractor has first provided him with a preliminary statement of ability to comply with the requirements of these regulations. c. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of the contract, shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors and assigns, to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided,and to such sanctions as are specified by 24 CFR 135 Page 10 of 11 NOTICE OF REQUIREMENTS FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246 AND 41 CFR PART 60-4) The following Notice shall be included in, and shall be a part of all solicitations for offers and bids on all Federal and federally assisted construction contracts or subcontracts in excess of$10,000. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications"set forth herein. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area,are as follows: Timetables Goals for minority Goals for female participation for each trade participation for each trade 19.0% 6.9% . These goals are applicable to all the Contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area,it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area,the contractor also is subject to the goals for both its federally involved and non-federally involved construction. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract,the Executive Order,and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of$10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed. As used in this Notice, and in the contract resulting from this solicitation,the"covered area"is: State of CALIFORNIA County of SAN BERNARDINO City of SAN BERNARDINO Page 11 of 11 PART II SPECIAL PROVISIONS SPECIAL PROVISIONS INSTRUCTIONS TO BIDDERS SECTION 1 1-1 SPECIFICATIONS AND PLANS 1-1.01 GENERAL -- The work embodied herein shall be done in accordance with the Standard Specifications for the Public Works Construction, latest edition in effect on the first day of the advertised "Notice Inviting Sealed Bids" for this project, and City of San Bernardino Standard Drawings, insofar as the same apply and in accordance with the following Special Provisions. 1-1.02 DEFINITIONS -- Whenever in the Standard Specifications the following terms are used, they shall be understood to mean and refer to the following: Agency - The City of San Bernardino. Board - The Mayor and Common Council for the City of San Bernardino. City Engineer - The City Engineer for the City of San Bernardino. Laboratory - The laboratory to be designated by the City of San Bernardino to test materials and work involved in the contract. Office of the District - Whenever, in the Standard Specifications, reference is made to the office of the District or the District's office, such references shall be deemed made to the Office of the City Engineer, Public Works Department, located on the 3rd floor of City Hall for the City of San Bernardino, 300 N. "D" Street, San Bernardino. SP-1 The mailing address for the City of San Bernardino's Public Works Department is: City of San Bernardino Public Works Department 300 North "D" Street, 3 d Floor San Bernardino, CA 92418-0001 Resident Engineer - The Resident Engineer is the City of San Bernardino's Engineer City Engineer, registered as a Civil Engineer in the State of California, or the designated representative of the City of San Bernardino's City Engineer, registered as a Civil Engineer in the State of California. Notice Advertising for Bids - Notice Inviting Sealed Bids. Standard Specifications - Standard Specifications for Public Works Construction "Green Book". Other terms appearing in the Standard Specifications, and these Special Provisions, shall have the intent and meaning specified in Section 1-2, "Definitions", in the Standard Specifications. 1-1.03 STANDARD SPECIFICATIONS - The Standard Specifications for the Agency are contained in the most current edition of the STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, "GREEN BOOK", as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and the Southern California District of the Associated General Contractors of California. The Standard Specifications set forth above will control the general provisions for this Contract except as amended by the Plans, Special Provisions, or other contract documents. Only those Sections requiring amendment or elaboration or specifying options are called out. In case of conflict between the Standard Specifications and the Special Provisions, the Special Provisions shall take precedence over and be used in lieu of such conflicting portions. SP-2 References in the Special Provisions to "CALTRANS Standard Specifications" shall mean the Standard Specifications (2010) of the State of California, Department of Transportation. References in the Special Provisions to Standard Plans shall mean the Standard Plans for the City of San Bernardino or other governing agency as specified. Applicable Standard Plans for this project are contained in the "Standard Drawings", section of these Special Provisions. Where the Plans or Specifications describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed complete and in place, that only the best general practice is to prevail and that only materials and workmanship of the first quality are to be used. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment, and incidentals and do all the work involved in executing the Contract. The Contractor shall meet or exceed the applicable Public Works Policies and Procedures unless directed otherwise by these Special Provisions or as directed by the Engineer. The plans and specifications of this project shall conform to the requirements of the City of San Bernardino Municipal Code and Public Works Construction Policies, the latest editions of the Standard Specifications for Public Works Construction (green book), the American Concrete Institute (ACI), the Uniform Building Code (UBC), Uniform Plumbing Code (UPC), the National Electrical Code, Caltrans Standard Specifications, and these Special Provisions. Wherever reference it made to any of the standards mentioned above, the reference shall be construed to mean the code, order or standard that is in effect on the first day of the advertised "Notice Inviting Sealed Bids". 14.04 TAXES -- No mention shall be made in the proposal of Sales Tax, Use Tax, or any tax, as all amounts bid will be deemed and held to include any such taxes, which may be applicable. 1-1.05 INTERPRETATION OF PLANS AND DOCUMENTS -- If any person contemplates submission of a bid for the proposed contract and is in doubt as to the true meaning of any part of the services to be performed, they may submit a written request for an interpretation or correction thereof. The person submitting the request will be responsible for its prompt delivery by 5:00 p.m. of the 5th working day prior to the day of the proposed bid opening. Any interpretation or correction of the proposed documents shall be made only by addendum duly issued and copy of such addendum will be faxed and mailed or delivered to each person of record as receiving a set of such documents. The CITY will not be responsible for any other form of explanation or interpretation of the proposed documents. SP-3 1-1.06 PLANS AND SPECIFICATIONS TO BE PROVIDED -- The City will provide the Contractor with five (5) sets of Plans and Specifications at no cost after the Award of Contract. The Contractor shall obtain all additional sets at its own cost. 1-1.07 ADDENDA OR BULLETINS -- All Bidders are advised as to the possibility of issuance of addenda affecting the items, scope or quantity of the work required for this project. Each Bidder shall be fully responsible for informing themselves as to whether or not any such addenda have been issued. The effect of all addenda to the Contract Documents shall be considered in the bid and said addenda shall be made a part of the Contract Documents and shall be returned.with them. Failure to cover in a bid any such addenda issued may render the bid irregular and may,result in its rejection by the City. SP-4 SECTION 2 2-1 BID REQUIREMENTS AND CONDITIONS 2-1.01 GENERAL -- Bids must submitted on the bid form contained herein. All bids shall be signed, sealed and accompanied by cash, cashier's check or bid bond made payable to the City of San Bernardino, in the amount of ten percent (10%) of the bid. Such cash, check or bond shall be given as a guarantee that the bidder will enter into the contract if awarded to him. In the event the bidder, to whom the contact is awarded, refuses to execute said contract, and/or fails to file the necessary bonds and insurance certificate within ten (10) working days following the date of the City's Notice of Award letter, the Bidder shall forfeit the bid bond to the City. By not executing the contract, the use by the public of the improvements will be delayed and the public will suffer great damage. From the nature of the case, it would be extremely difficult and impractical to fix the amount of said damage. Therefore, the City and the bidder agree that the bid guarantee of 10% of the bid shall be paid to the City as forfeiture. Bid bonds shall be underwritten by a surety company having a rating in Best's most recent Insurance Guide of"A" or better. Bonds must be issued by a surety who is listed in the latest version of U.S. Department of Treasury Circular 570 and is authorized to issue bonds in the State of California. The Form of Bid Bond is contained in the Bid Documents in Part I of the Special Provisions. Notarization of the signatures of the Principal and the Surety and the Power of Attorney of the signing Surety shall accompany this form. Any bid not accompanied by such bid bond will be rejected as invalid. 2-1.02 MINORITY AND WOMEN'S BUSINESS ENTERPRISES -- A policy for establishing goals for participation of Minority and Women's Business Enterprises (MBE/WBE) was adopted by Resolution No. 95-409 of the Mayor and Common Council of the City of San Bernardino, on 11-20-95. This outreach program superseded Resolution No. 93-411 and the Standard Operation Procedures dated January 1994. Bidder's outreach efforts (good faith efforts) must reach out to MBEs, WBEs and all other business enterprises. Prime bidders could reasonably be expected to produce a level of participation by interested subcontractors of 19 % MBE and 6.9 % WBE on this project, per Community Development Block Grant(CDBG) funding requirements. Certified minority and female owned subcontractors and material suppliers for the San Bernardino area located in Caltrans District 8 are listed on the California Unified Certification Program (UCP) DBE Directory and can be obtained by accessing the directory on the California Department of Transportation DBE website at http://Www.dot.cagov/hq/bep/. Bidders shall make every reasonable effort to solicit bids from MBE/WBEs. A justification shall be provided to support the rejection of any bid from a minority or women's business enterprise, certified by Caltrans. SP-5 2-1.03 MINORITY, WOMEN AND OTHER BUSINESS ENTERPRISES AND CITY PROCUREMENTS -- It is the policy of the City of San Bernardino to provide Minority Business Enterprises (MBEs), Women Business Enterprises (WBEs) and all other enterprises an equal opportunity to participate in the performance of all CITY contracts. Bidders shall assist the CITY in implementing this policy by taking all reasonable steps to ensure that all available business enterprises, including local MBEs and WBEs, have an equal opportunity to compete for and participate in CITY contracts. Bidders' good faith efforts to reach-out to MBEs, WBEs and all other business enterprises shall be determined by the following factors: (1) The bidder attended pre-solicitation or pre-bid meetings, if any, scheduled by the CITY to inform all bidders of the requirements for the project for which the contract will be awarded. The CITY may waive this requirement if the bidder certifies it is informed as to those project requirements. (2) The bidder identified and selected specific items of the project for which the contract will be awarded to be performed by sub-contractors to provide an opportunity for participation by MBEs, WBEs and other business enterprises. The bidder shall, when economically feasible, divide total contract requirements into small portions or quantities to permit maximum participation of MBEs, WBEs and other business enterprises. (3) The bidder advertised for bids from interested business enterprises not less than ten calendar days (see Sub-Section 2-1.04 for exception)prior to the submission of bids, in one or more daily or weekly newspapers, trade association publications, minority or trade oriented publications, trade journals, or other media specified by the CITY. (4) The bidder provided written notice of its interest in bidding on the contract to those business enterprises, including MBEs and WBEs, having an interest in participating in such contracts. All notices of interest shall be provided not less than ten calendar days (see Sub-Section 2-1.04 for exception) prior to the date the bids were required to be submitted. In all instances, the bidder must document that invitations for sub- contracting bids were sent to available MBEs, WBEs and other business enterprises for each item of work to be performed. (5) The bidder documented efforts to follow up initial solicitations of interest by contracting the business enterprises to determine with certainty whether the enterprises were interested in performing specific portions of the project. SP-6 (6) The bidder provided interested enterprises with information about the Plans, Specifications and requirements for the selected sub-contracting work. (7) The bidder requested assistance from organizations that provide assistance in the recruitment and placement of MBEs, WBEs and other business enterprises not less than fifteen days (see Sub-Section 2-1.04 for exception) prior to the submission of bids. (8) The bidder negotiated in good faith with interested MBEs, WBEs and other business enterprises and did not unjustifiably reject as unsatisfactory bids prepared by any enterprises, as determined by the CITY. As documentation the bidder must submit a list of all sub-bidders for each item of work solicited, including dollar amounts of potential work for MBEs, WBEs and other business enterprises. (9) The bidder documented efforts to advise and assist interested MBEs, WBEs and other business enterprises in obtaining bonds, lines of credit, or insurance required by the CITY or Contractor. If the CITY has established expected levels of participation for MBE and WBE sub- contractors, failure to meet those levels shall not be a basis for disqualification of the bidder. A determination of the adequacy of a bidders' good faith effort must be based on due consideration of the indicia of good faith as set forth above. In the event that the CITY is considering awarding away from the lowest bidder or not awarding a contract to a proposed bidder because the bidder is determined to be non-responsive for failure to comply with the good faith indicia set forth above, the CITY shall, if requested, and prior to the award of the contract, afford the bidder the opportunity to present evidence to the Mayor and Common Council in a public hearing of the bidders' good faith efforts in making its outreach. In no case should the CITY award away pursuant to this program if the bidder makes a good faith effort but fails to meet the expected levels of participation. For the purposes of this Policy, "minority" shall be synonymous with "minority person" as defined in California Public Contract Code Section 2000(f). Nothing herein restricts the discretion of the CITY to reject all bids in accord with Charter Sections 140 and 238 or Chapter 3.04 of the San Bernardino Municipal Code. The directions set forth herein shall take effect immediately, and all CITY Departments shall modify their implementation programs to the extent such programs are inconsistent with this policy. SP-7 2-1.04 SUBMISSION OF MBE/WBE INFORMATION — GOOD FAITH EFFORTS - The Contractor may submit the MBE/WBE INFORMATION — GOOD FAITH EFFORTS document with the contract Bid Documents prior to the hour of the bid opening. If this document is not submitted with the Bid Documents, it must be submitted to the Public Works Department, upon request, by 4:30 p.m. on the fourth working day following the day of the bid opening. In the case of short bid opening periods, proof of faxes and web site postings requesting MBE, WBE participation and faxed requests for assistance in recruitment of MBEs and WBEs shall suffice. 2-1.05 REQUIRED LISTING OF PROPOSED SUBCONTRACTORS -- Each bid shall have listed therein the name and address of each subcontractor to whom the bidder proposes to subcontract portions of the work in the amount of 1/2 of one percent of his total bid or $10,000.00, whichever is greater, in accordance with the Subletting and Subcontracting Fair Practices Act, commencing with Section 4100 of the Public Contract Code. The bidder's attention is invited to other provisions of said Act related to the imposition of penalties for a failure to observe its provisions by using unauthorized subcontractors or by making unauthorized substitutions. A sheet for listing the subcontractors, as required herein, is included in the Bid Documents, in Part I of these Special Provisions. 2-1.06 REQUIRED EXAMINATION OF ALL CONTRACT DOCUMENTS A. Before submitting a Bid, each Bidder shall thoroughly examine and be familiar with the Specifications, Plans, addenda, and all other Contract Documents. The submission of a Bid shall constitute an acknowledgement upon which the CITY may rely that the Bidder has thoroughly examined and is familiar with all the Contract Documents. B. The failure or neglect of a Bidder to receive or examine any of the Contract Documents shall in no way relieve that Bidder from any obligation with respect to its Bid or to the Contract. No claim for additional compensation will be allowed which is based upon a lack of knowledge of the Contract Documents. C. The Bidder shall not be allowed any extra compensation by reason of any matter or thing, concerning that which such Bidder might have fully informed himself prior to the bidding. D. No Bidder shall at any time after submission of a bid make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. SP-8 2-1.07 REQUIRED INSPECTION OF THE SITE -- A. Bidders are required to inspect the site of the proposed work to satisfy themselves by personal examination, or by such other means as they may prefer, of the location of the proposed work, and of the actual conditions, including subsurface of, and at, the site of the proposed work. B. If, during the course of examination, a Bidder finds facts or conditions that appear to be in conflict with the letter or spirit of the bidding documents, the Bidder shall notify the Engineer immediately. C. Submission of a Bid by the Bidder shall constitute conclusive evidence that, if awarded the Contract, it has relied and is relying on its own examination of the following: 1. The site of the proposed work. 2. Access to the site. 3. All other data and matter requisite to the fulfillment of the work. 4. The Bidder's own knowledge of existing facilities on and in the vicinity of the site of the proposed work under the Contract. 5. The conditions to be encountered. 6. The character, quality, scope and complexity of the proposed work. 7. The quality and quantity of the materials to be furnished. 8. The requirements of the Specifications, Plans, any addenda, or any other Contract Documents. D. The information provided by the CITY is not intended to be a substitute for, or a supplement to, the independent verification by the Bidder to the extent such independent investigation of site conditions is deemed necessary or desirable by the Bidder. SP-9 2-1.08 DESIGN ENGINEER MAY NOT BID ON CONSTRUCTION CONTRACT -- No engineering or architectural firm which has provided design services for a project shall be eligible to bid on the contract to construct the project. Those ineligible to bid include the prime contractor for design, subcontractors of portions of the design, and affiliates of either. An affiliate is a firm which is subject to the control of the same persons, through joint ownership or otherwise. 2-1.09 WITHDRAWAL OF BIDS -- A bid may be withdrawn by a written request signed by the Bidder. Such requests must be delivered to the CITY's designated official prior to the bid opening hour stipulated in the "Notice Inviting Sealed Bids" or an amended date and hour stipulated in a signed addenda to the Special Provisions. The withdrawal of a bid will not prejudice the right of the Bidder to submit a new bid, providing there is time to do so. Bids may not be withdrawn after said bid opening hour without forfeiture of the bidder's bid guarantee. 2-1.10 IRREGULAR BIDS -- Unauthorized conditions, limitations, or provisions attached to a bid will render it irregular and may cause its rejection. The completed bid forms shall be without interlineations, alterations, or erasures. No oral, telegraphic, or telephonic bid, modification, or withdrawal will be considered. SP-10 SECTION 3 3-1 AWARD AND EXECUTION OF CONTRACT 3-1.01 GENERAL -- The award of the contract, if it be awarded, will be to the lowest responsible bidder whose bid complies with all the requirements prescribed. The award of the contract will be made by the Mayor and the Common Council at a Council meeting. The bidder, to whom the contract is awarded, shall file with the Engineer all required bonds and insurance policies, and execute the contract within 10 calendar days after receiving notification of the award. Failure to file the stipulated documents and execute the contract within the prescribed time shall constitute good and sufficient grounds for rescission of the award and payment of 10% of the bid to the CITY as liquidated damages. 3-1.02 AWARD OF CONTRACT -- Following a review of the bids, the CITY shall determine whether to award the contract or to reject all bids. The award of contract, if made, will be to the lowest responsible Bidder as determined solely by the CITY. Additionally, the CITY reserves the right to reject any or all bids, to accept any bid or portion thereof, to waive any irregularity and to take the bids under advisement for the period of time stated in the legal Notice Inviting Sealed Bids as may be required to provide for the best interest of the CITY. The Contractor's original signature on the Bid Form shall constitute a commitment on the part of the Bidder to furnish the items as set forth in the Bid Form, the Special Provisions-Instructions to Bidders, the Plans, the Standard Specifications, the Notice Inviting Sealed Bids and Addenda, together with any attachments. The Bidder to whom the contract is awarded shall be notified upon approval of the contract by the Mayor and Common Council. The Bid Form, the Special Provisions-Instructions to Bidders, the Plans, the Standard Specifications, the Notice Inviting Sealed Bids and Addenda, together with any attachments, shall be considered as part of the contract between the CITY and the Contractor to whom the contract is awarded. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the Bidder to whom the award is contemplated. 3-1.03 CONTRACT BONDS -- The Payment and Faithful Performance Bonds shall be filed with the Engineer before the Notice to Proceed is executed by the CITY. In accordance with Section 2-4, "CONTRACT BONDS", of the Standard Specifications, the contract bonds, including Payment Bond (Material and Labor Bond) and Performance Bond shall be underwritten by a surety company having a rating in Best's most recent Insurance Guide of"A" or better. Bonds must be issued by a surety who is listed in the latest version of U.S. Department of Treasury Circular 570 and is authorized to issue bonds in the State of California. The Contractor shall provide to the CITY three (3) original "wet" copies of Payment and Performance Bonds equal to 100% of the award amount of the contract. SP-11 3-1.04 DISQUALIFICATION OF BIDDERS -- In the event that any Bidder acting as a prime contractor has an interest in more than one submitted bid, all such submitted bids will be rejected and the Bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one Bidder and, while doing so, may also submit a formal bid as a prime contractor. No contract will be executed unless the Bidder is licensed in accordance with the provisions of the State Business and Professions Code. The Contractor shall fill out all documents contained in the Bid Document section, and comply with all the requirements of the Bid Documents and specifications contained in the Special Provisions. Failure of the bidder to fulfill the requirements of the Special Provisions for submittals required to be furnished after bid opening, including but not limited to documents required per federal provisions and conditions, and BMP/SWPPP, traffic control and detour plans or escrowed bid documents, where applicable, will delay the issue of the Notice to Proceed, and such delay will subject the bidder to a negative determination of the bidder's responsibility should the bidder choose to participate in future public works bid offerings. SP-12 SECTION 4 4-1 CONSTRUCTION DOCUMENTATION, COMMENCEMENT OF WORK TIME OF COMPLETION AND LIQUIDATED DAMAGES 4-1.01 GENERAL -- Attention is directed to the provisions of Section 6, "Prosecution, Progress and Acceptance of the Work", of the Standard Specifications and these Special Provisions. 4-1.02 PRE-CONSTRUCTION MEETING -- The Pre-Construction Meeting shall be within 10 working days of the notification of the award of the contract by the Mayor and Common Council. The Contractor shall, at the time of the notification of award, inform the Construction/Survey Manager of any special circumstances or conditions that might prohibit the Contractor from attending a Pre-Construction Meeting during this period, or from commencing work as scheduled. The Contractor's representative and the Contractor's principal subcontractors (performing $10,000 or above of the Contract work) shall attend the CITY's pre-construction meeting,. The Contractor and principal subcontractors shall also attend all separate pre- construction meetings required by other agencies and utilities involved in this Project. 4-1.03 NOTICE TO PROCEED -- The Notice to Proceed shall not be issued until all required documents have been submitted and approved by the CITY. The Contractor shall immediately notify and obtain the approval of the Construction/Survey Manager, prior to the Pre- Construction Meeting, should special circumstances or conditions exist that might prohibit the Contractor from providing all required documentation and commencing work as scheduled within 10 working days of the Pre-Construction meeting. Required documentation shall include the Contractor's applicable NPDES plan (for required submittal time refer to Section 6-1.03 of these Special Provisions), the proposed Construction Schedule, Traffic Control Plan and Traffic Detour Plan (as required). The Construction Schedule shall be supported by written statements from each supplier of materials or equipment indicating that all orders have been placed and acknowledged and setting forth the dates that each item will be delivered. The schedule shall be in the form of a tabulation, chart or graph. 4-1.04 WORKING DAYS -- The Contractor shall diligently prosecute the work to completion before the expiration of 60 WORKING DAYS from the date of the "NOTICE TO PROCEED". SP-13 4-1.05 PERMITS AND LICENSES -- Prior to issuance of a "Notice to Proceed", Contractor shall obtain a CITY Business Registration from the City Clerk's Office, San Bernardino City Hall, 300 North"D" Street, 2nd Floor, San Bernardino, CA 92418. 4-1.06 LIQUIDATED DAMAGES -- The Contractor shall pay to the City of San Bernardino the sum of $500.00 per day for each calendar day's delay in finishing the work in excess of the number of working days prescribed above. In case all the work called for is not completed in all parts and requirements within the time specified, the CITY shall have the right to grant or deny an extension of time for completion, as may seem best to serve the interest of the CITY. The Contractor will not be assessed with liquidated damages during the delay in the completion of the work caused by acts of God or of the Public Enemy, acts of the State, fire not due to acts of Contractors or Subcontractors, epidemics, quarantine, restrictions, freight embargo, unusually severe weather, or delays of Subcontractors due to such causes provided that the Contractor shall, within ten (10) days from the beginning of such delay, notify the CITY, in writing, of the cause of the delay. The CITY will ascertain the facts and the extent of the delay, and the findings thereon shall be final and conclusive. 4-1.07 PROGRESS REPORTS AND ACCOUNTING OF CONTRACTOR WORKING DAYS -- The Contractor shall submit periodic Progress Reports to the Engineer by the tenth of each month. The report shall include an updated Construction Schedule. Any deviations from the original schedule shall be explained. Progress payments will be withheld pending receipt of any outstanding reports. Section 6-7.3, "Contract Time Accounting',of the Standard Specifications is superseded by these Special Provisions. The Engineer or his/her designee will make a daily determination of each working day to be charged against the contract time. Per the Contractor's written request, the Engineer will provide working and non-working days to the Contractor. 4-1.08 INSPECTION -- The Contractor is responsible to notify the Public Works Department Inspection 48 hours prior to the start of any work. Any work performed without inspection by the CITY is subject to rejection and removal of work performed and, at the Contractor's expense, the work will have to be reconstructed. At the CITY's request, and the Contractor's expense, any pipes less than 24" must be inspected by camera for joint grouting and any other inspection. For inspection after regular working hours, see Section 6-1.06 "HOLIDAYS, WORKING DAYS AND HOURS", of these Special Provisions. SP-14 SECTION 5 5-1 LEGAL REQUIREMENTS 5-1.01 INSURANCE REQUIREMENTS -- The Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. The Contractor shall indemnify and save harmless the City of San Bernardino, the County of San Bernardino, the State of California, and/or any incorporated city from all claims or suits for damages arising from the prosecution of the contract work, as more fully described in Subsection 5-1.06, "Contractor's Liability", of these Special Provisions.. The Contractor agrees to protect, defend and indemnify the City of San Bernardino against loss, damage or expense by reason of any suit claims, demands, judgments and causes of action caused by the Contractor, its employees, agents or any subcontractor, or by any third party arising out of or in consequence of the performance of all or any operations covered by the Certificate of Insurance. The Contractor, at its option, may include such coverage under Public Liability coverage. 5-1.02 LIABILITY INSURANCE -- The Contractor's attention is directed to Section 7-3, "Liability Insurance", of the Standard Specifications, providing that the Contractor shall furnish the CITY with a policy or certificate of liability insurance prior to execution of the contract. All of the Insurance Policies shall name the City of San Bernardino as an additional insured„ The endorsement shall be provided by the broker or agent of the insurance company and shall be notarized to that effect. ACCORD Forms are not acceptable, nor forms signed by the broker, unless they have Power of Attorney to bind the insurance provider. (See attached sample forms.) Contractor shall maintain minimum limits of insurance no less than: 1. General Liability: $1,000,000.00 per occurrence and $2,000,000.00 aggregate for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this project/location; 2. Products/Completed Operations: $1,000,000.00 per occurrence and $2,000,000.00 aggregate; SP-15 3. Automobile Liability: $1,000,000.00 per accident for bodily injury and property damage; 4. Employer's Liability: $1,000,000.00 per accident for bodily injury or illness; 5. Course of Construction: Completed value of the project. 5-1.03 WORKERS' COMPENSATION INSURANCE -- The Contractor's attention is directed to Section 7-4, "Workers' Compensation Insurance", of Standard Specifications, providing that the Contractor shall file a signed Certificate of Workers' Compensation Insurance before execution of the contract. 5-1.04 PAYMENT OF PREVAILING WAGE RATE -- The Contractor and all subcontractors shall pay each craft or worker employed on this project not less than the prevailing wage rates specified in Resolution No. 90-358 of the Mayor and Common Council of the City of San Bernardino. The Engineer shall have the right to interview any craft or worker on the project site in order to verify payment of prevailing wage rates in accordance with Resolution No. 90-358. Prevailing wage shall comply with current rates and all updates in effect 10 days prior to the bid opening of the project. The Contractor shall pay the higher of the latest State or Federal Prevailing Wage Determination. Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by the Contractor and subcontractors, the Contractor and subcontractors shall pay not less than the Federal minimum wage rate, which most closely approximates the duties of the employee in question. The Contractor shall comply with the provisions in Sections 10262 and 10262.5 of the Public Contract Code and Section 7108.5 of the Business and Professions Code concerning prompt payment to subcontractors. 5-1.05 PAYROLL RECORDS -- The Contractor's attention is directed to the following provisions of Labor Code Section 1776. The Contractor shall be responsible for the compliance with these provisions by his subcontractors. (a) The Contractor and all subcontractors shall keep an accurate payroll record, showing the name address, social security number, work classification, straight time, and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with public work. SP-16 (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 representative on request. (c) Each Contractor shall file a certified copy of the records enumerated in subdivision (a) with the Engineer on a weekly basis. It will be the Contractor's responsibility to submit the records enumerated in subdivision (a) for all his subcontractors, in addition to his own employees. Failure to submit the records enumerated in subdivision (a) on a timely basis shall constitute good and sufficient reason for withholding the partial payments for work accomplished. 5-1.06 EMPLOYMENT OF APPRENTICES -- This project is subject to federal trainee requirements for the employment of apprentices. The Contractor shall follow the Federal Regulation guidelines found in Part III of these Special Provisions. The Contractor shall confirm that all apprentices are registered with an apprenticeship program that is in turn currently registered with the U S Department of Labor Office of Apprenticeship (DOLOA) and listed on the DOLOA website at http://0a.doletagovl.. The Contractor's attention is directed to the provisions in the following section of the California Labor Code concerning employment of apprentices on public works projects: 1773.3 An awarding agency whose public works contract falls within the jurisdiction of Section 1777.5 shall, within five 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. Additional information regarding the Contractor's options for the employment of apprentices registered with the California Department of Industrial Relations, DAS can be obtained at http://www.dir.ca.govIDASIPuhlicWorksFornn.htm. 5-1.07 CONTRACTOR'S LIABILITY -- The City of San Bernardino, the Mayor and Common Council, the City Manager or the City Engineer shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury to any person or persons, either workers or the public; or for damage to any person or persons, either workers or the public; or for damage to adjoining property from any cause which might have been SP-17 prevented by the Contractor, or his workers, or any one employed by him; against all of which injuries or damages to persons and property the Contractor, having control over such work, must properly guard. The Contractor shall not encroach on private property adjacent to this project in any phase of the construction without first obtaining a signed Right Of Entry document from the property owner and submitting this Right Of Entry to the Engineer for approval, prior to any entry or encroachment onto private property. The Contractor shall be responsible for any injury to any person or damage to property resulting from any defects or obstruction occurring any time before project completion and final acceptance, and shall indemnify and save harmless the City of San Bernardino, the Mayor and Common Council, the City Manager or the City Engineer from all suits or actions of every name and description brought for, or on account of, any injuries or damages received or sustained by any person or persons, by the Contractor, his servants or agents, in the construction of the work or in consequence of any negligence in guarding the same, in improper materials used in its construction, by or on account of any act or omission of the Contractor or his agents, and so much of the money due the Contractor under and by virtue of the Contract as shall be considered necessary by the CITY may be retained by the CITY until disposition has been made of such suits or claims for damages aforesaid. If; in the opinion of the Engineer, the precautions taken by the Contractor are not safe or adequate at any time during the life of the Contract, the Engineer may order the Contractor to take further precautions, and if the Contractor shall fail to do so, the Engineer may order the work done by others and charge the Contractor for the cost thereof, such cost to be deducted from any monies due, or becoming due, the Contractor. Failure of the Engineer to order such additional precautions, however, shall not relieve the Contractor from his full responsibility for public safety. 5-1.08 DIFFERING SITE CONDITIONS -- During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before they are disturbed and before the affected work is performed. Upon written notification, the Engineer will investigate the conditions, and if the Engineer determines that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding loss of anticipated profits, will be made and the contract modified in writing accordingly. The Engineer will notify the Contractor of his determination whether or not an adjustment of the contract is warranted. SP-18 No conflict adjustment which results in a benefit to the Contractor will be allowed unless the Contractor has provided the required written notice. No contract adjustment will be allowed under the provisions specified in this section for any effects caused on unchanged work. Any contract adjustment warranted due to differing site conditions will be made in accordance with the provisions in Section 3-4, "Changed Conditions", of the Standard Specifications. 5-1.09 REMOVAL OF ASBESTOS AND HAZARDOUS SUBSTANCES -- When the presence of asbestos or hazardous substances are not shown on the plans or indicated in the specifications and the Contractor encounters materials which the Contractor reasonably believes to be asbestos or a hazardous substance as defined in Section 25914.1 of the Health and Safety Code, and the asbestos or hazardous substance has not been rendered harmless, the Contractor may continue work in unaffected areas reasonably believed to be safe. The Contractor shall immediately cease work in the affected area and report the condition to the Engineer in writing. In conformance with Section 25914.1 of the Health and Safety Code, removal of asbestos or hazardous substances including exploratory work to identify and determine the extent of the asbestos or hazardous substance will be performed by separate contract. If' delay of work in the area delays the current controlling operation, the delay will be considered a right of way delay and the Contractor will be compensated for the delay in conformance with the provisions in Section 8-1.09, "Right of Way Delays", of the Standard Specifications. 54.10 ATTORNEY'S FEES AND ARBITRATION -- The prevailing party in any legal action to enforce or interpret any provisions of this Agreement will be entitled to recover from the losing party all attorney fees, court costs and necessary disbursements in connection with that action. The costs, salary and expenses of the City Attorney and members of his office, in connection with that action, shall be considered as attorney's fees for the purposes of this Agreement. Caltrans Standard Specifications Section 9-1.10 regarding Binding Arbitration is hereby specifically excluded from this Contract. 5-1.11 CITY BUSINESS REGISTRATION CERTIFICATE -- The Contractor warrants it possesses, or shall obtain, and maintain during the term of this Agreement, a business registration certificate pursuant to Title 5 of the City of San Bernardino Municipal Code, and any and all other licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required of contractor/consultant/vendor to practice its profession, skill or business. Contractor shall obtain a City of San Bernardino Business Registration at his/her own expense. SP-19 ACCORD FORM INSURANCE SAMPLE: ACCORD CERTIFICATE OF INSURANCE DATE(MM/YY/DD) 00/00/00 PRODUCER THIS CERTIFICATE ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. COMMERCIAL ASSOCIATES INS.,INC. THIS CERTIFICATE DOES NOT AMEND,EXTEND, OR ALTER 1226 EAST LA PALMA AVENUE THE COVERAGE AFFORDED BY THE POLICIES BELOW. ANAHEIM, CA 92807 COMPANIES AFFORDING COVERAGE (714)524-4949 FAX: (7145)524-4940 COMPANY A CNA-TRANSCONTINENTAL INSURED COMPANY B CNA—VALLEY FORGE COMPANY YOUR COMPANY NAME C CHUBB GROUP—FEDERAL INSURANCE AND ADDRESS COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM,OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POLICY POLICY EFFECTIVE POLICY EXPIR LTR TYPE OF INSURANCE NUMBER DATE(MM/YY/DD) DATE(MM/YY/DD) LIMITS GENERAL LIABILITY EACH OCCURRENCE $1000,000 • COMMERCIAL GEN LIABILITY FIRE DAMAGE(ANY ONE FIRE) A $ 500 000 CLAIMS MADE OCCUR MED EXP ANY ONE PERSON) $ 5,000 • OWNER'S&CONTRACTOR'S PROT 102267576 02/01/98 02101/99 PERSONAL&ADV INJURY $1,000,000 GENERAL AGREGATE $2,000,000 PRODUCTS-COMP/OP AGG $2,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 :X AUTO BODILY INJURY Per Person $ B ALL OWNED AUTOS BODILY INJURY BAP 5197135 02/01/98 02/01/99 er ident $ SCHEDULED AUTOS RTY DAMAGE ccident $ HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY O ONLY-EACH ACCIDENT $ other titan auto only: ANY AUTO EACH $ ACCIDENT other than auto only AGGREGATE WORKERS COMPENSATION ARID WORKERS COMP M EPLOYER'S LIABILITY X STATUTORY LIMITS C E.L.EACH ACCIDENT $1,000,000 2/01/98 02101/99 THE PROPRIRETOR/ INCL E.L.DISEASE—EA EMPLOYEE $1000,000 PARTNERS/EXECUTIV E OFFICERS ARE EXCL E.L.DISEASE—POLICY LIMIT $1.000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEIBCLES/SPECIAL ITEMS JOB LOCATION: ALL CALIFORNIA OPERATIONS OF THE NAMED INSURED RE: (INSERTPROJECT NAME) BELOW NAMES AS ADDITIONAL INSURED WITH RESPECT TO GENERAL LIABILITY AS REQUIRED BY PROJECT CONTRACT CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE CITY OF SAN BERNARDINO THE ISSUEING COMPANY WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMES TO THE DEPARTMENT OF PUBLIC WORKS LEFc 300 N. "D" STREET, 3RD FLOOR AUTHORIZED REPRESENTATIVE SAN BERNARDINO,CA 92418-0001 JOHI'V E.SMPI-II (Signature) ACCORD 25-S (1/95) 0 ACCORD CORPORATION SP-20 COMMERCIAL GENERAL LIABILITY NAMED INSURED: POLICY NUMBER: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED ------ OWNERS, LESSEES OR CONTRACTORS ( FORM B ) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART-OCCURRENCE SCHEDULE NAME OF PERSON OR ORGANIZATION: CITY OF SAN BERNARDINO DEPARTMENT OF PUBLIC WORKS 300 NORTH "D" STREET, 3'FLOOR SAN BERNARDINO, CA 92418-0001 rArAptf ONIY (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work" for that insured by or for you. NOTE: MUST BE SIGNED BYAUTHORIZED REPRESENTATIVE FOR PROVIDER SUPPLY POWER OFATTORNEY GIVING AUTHORITY TO BIND CG 20 10 1185 Authorized Representative for CNA Insurance Group Golden Eagle Insurance Company SP-21 SECTION 6 6-1 GENERAL 6-1.01 INCREASED OR DECREASED QUANTITIES -- If the total pay quantity of any item of work subject to the provisions in Section 3-2.2.1, "Contract Unit Prices", "increased or decreased quantities", of the Standard Specifications varies by more than 25 percent, compensation payable to the Contractor will be determined in accordance with said Section 3-2.2.1 and these Special Provisions. When the compensation payable for the number of units of an item of work performed in excess of 125 percent of the Engineer's Estimate is less than $1,500 at the applicable contract unit price, the Engineer reserves the right to make no adjustment in said price if he so elects, except that an adjustment will be made if requested in writing by the Contractor. Such Contractor's request shall be accompanied by adequate, detailed data to support costs of the item. Should the total pay quantity of any item of work required under the contract be less than 75 percent of the Engineer's Estimate, therefor, the Engineer reserves the right to make no adjustment in said price if he so elects, except that an adjustment will be made if requested in writing by the Contractor. Such Contractor's request shall be accompanied by adequate, detailed data to support costs of the item. The payment of the total pay quantity of such item of work will in no case exceed the payment which would be made for the performance of 75 percent of the Engineer's Estimate of the quantity at the original contract unit price. 6-1.02 SOUND CONTROL REQUIREMENTS -- Sound control shall comply with Chapter 8.54 of the City of San Bernardino Municipal Code and these Special Provisions. The noise level from the Contractor's operations between the hours of 9:00 p.m. and 6:00 a.m. shall not exceed 86 dbA at the distance of 50 feet. This requirement in no way relieves the Contractor from responsibility for complying with local ordinances regulating noise levels Said noise level requirements shall apply to all equipment on the job or related to the job, including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel. SP-22 6-1.03 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) REQUIREMENTS -- The Contractor shall adhere strictly to Sections 7-8 and 7-10 of the Standard Specifications for Public Works (Green Book) through the entire project. The Contractor, without limitation, shall be responsible to provide and implement Best Management Practices to comply with National Pollution Discharge Elimination System (NPDES) standards and practices. The Contractor shall be responsible, to the fullest extent possible, not to permit any contaminants, including soil, to enter any drainage system. Contractor shall be responsible to be prepared to provide hay bales or similar devices to prevent erosion from being washed into the storm drain system. The Contractor shall be responsible to maintain equipment so that oil, grease, gasoline, diesel fuel, et al., does not contaminate areas subject to run-off. The Contractor and its Surety shall fully indemnify the City for any pollution damage and/or cleaning costs. All construction on off-site or on-site improvements shall adhere to NPDES (National Pollution Discharge Elimination System) Best Management Practices to prevent deleterious materials or pollutants from entering the City or County storm drain systems. The following are the areas to be addressed where applicable: 1. Handle, store and dispose of materials properly. 2. Avoiding excavation and grading activities during wet weather. 3. Construct diversion dikes and drainage swales around working sites. 4. Cover stockpiles and excavated soil with secured tarps or plastic sheeting. 5. Develop and implement erosion control plans. 6. Check and repair leaking equipment away from construction site. 7. Designate a location away from storm drains for refueling. 8. Cover and seal catch basins whenever working in their vicinity. 9. Use vacuum with all concrete sawing operations. 10. Never wash excess material from aggregate, concrete or equipment onto a street 11. Catch drips from paver with drip pans or absorbent material. 12. Clean up all spills using dry methods. 13. Sweep all gutters at the end of each working day. Gutters shall be kept clean after leaving construction site. 14. Call 911 in case of a hazardous spill. 15. Keep a running log of all activities in connection with the Storm Water Pollution Prevention Plan (SWPPP) 16. Name a person, on site, responsible for complying with S.W.P.P.P. BEST MANAGEMENT PRACTICES ( BMPs ): Best Management Practices shall be defined as any program, technology, process, site criteria, operating method, measure, or device which controls, prevents, removes, or reduces pollution. The Contractor shall obtain and refer to the California Storm Water Best Management Practice Handbooks, Volume 3 Construction BMP Handbook and the County Regional Best Management Practices Handbook for Construction Activities. SP-23 The Contractor shall have a minimum of two (2) readily accessible copies of each publication on the Work site at all times. The Contractor shall implement the following BMPs in conjunction with the construction operation and activities: CONSTRUCTION PRACTICES Water Conservation Practices Dewatering Paving Operations Structure Construction and Painting MATERIAL MANAGEMENT Material Delivery and Storage Material Use Spill Prevention and Control WASTE MANAGEMENT Solid Waste Management Hazardous Waste Management Contaminated Soil Management Concrete Waste Management Sanitary/Septic Waste Management VEHICLE AND EQUIPMENT MANAGEMENT Vehicle and Equipment Cleaning Vehicle and Equipment Fueling Vehicle and Equipment Maintenance VEGETATIVE STABILIZATION Scheduling Preservation of Existing Vegetation Temporary Seeding and Planting Mulching PHYSICAL STABILIZATION Geotextiles and Mats Soil Stabilizer/Dust Control Temporary Stream Crossing Stabilized Construction Roadway Stabilized Construction Entrance SP-24 RUNOFF DIVERSION Sodding, Grass Plugging, and Vegetative Buffer strips Earth Dikes, Drainage Swales, and Lined Ditches Top and Toe of Slope Diversion Ditches/Berms Slope Drains and Subsurface Drains VELOCITY REDUCTION Flared Culvert End Sections Outlet Protection/Velocity Dissipation Devices Check Dams Slope Roughening/Terracing/Rounding SEDIMENT TRAPPING Silt Fences Straw Bale Barrier Sand Bag Barrier Brush or Rock Filter Storm Drain Inlet Protection Sediment Traps Sediment Basin Additional BMPs may be required as a result of a change in actual field conditions, contractor activities, or construction operations. When more than one BMP is listed under each specific BMP category, the Contractor shall select the appropriate and necessary number of BMPs within each category in order to achieve the BMP objective. BMPs for contractor activities shall be continuously implemented throughout the project. Resources to implement BMPs for erosion control and sedimentation shall be readily available and implemented throughout the construction phase and whenever the National Weather Service predicts rain within 24 hours. BMPs for erosion control and sedimentation shall also be implemented prior to the commencement of any contractor activity or construction operation that may produce run-off, and whenever run-off from other sources may occur. The CITY, as Permittee, is subject to enforcement actions by the State Water Resources Control Board, Environmental Protection Agency, and private citizens. The CITY may assess the Contractor a penalty of$1,000 for each calendar day that the Contractor has not fully implemented the BMPs specified for the Contract and/or is otherwise in noncompliance with these provisions. In addition, the CITY will deduct, from the final payment due the Contractor, the total amount of any fines levied on the CITY, plus legal and staff costs, as a result of the Contractor's lack of compliance with these provisions and/or less than complete implementation of the specified BMPs. SP-25 STORM WATER POLLUTION PREVENTION PLAN ( SWPPP ): A Storm Water Pollution Prevention Plan (SWPPP) shall be defined as a report that includes site map(s), identification of construction and contractor activities that could pollute storm water, and a description of measures and practices to control the potential pollutants. The preparation and implementation of the SWPPP is intended to ensure that the Contractor will make every reasonable effort to prevent the pollution of water resources during the period of construction. All projects, regardless of size, shall have a SWPPP developed prior to the performance of any soil disturbing activities. Projects over one acre are placed under the regulations of the National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharge Associated with Construction Activity. In the State of California, these regulations are adopted by the State Water Resources Control Board and as such projects that fall into this category must submit a Notice of New Construction (NONC) to the State Water Resources Control Board (SWRCB) to obtain a waste discharge identification number (WDID). This information is available for review and downloading on the State of California, Department of Transportation web site at http✓/www.dot.cagov/h q/construc/stormwater/man uals. SWPPP's over one acre shall be prepared under the supervision of, and signed by, a Civil Engineer registered by the State of California. All SWPPP's shall include and incorporate BMPs that address contractor activities, erosion, and sedimentation control. The SWPPP shall also include and incorporate appropriate BMPs for run-off generated by construction activities and other non-storm water sources. During all periods of construction, excavated soils which are stored on-site shall be completely covered with waterproof material and sand (or gravel) bagged or bermed in order that, in the event of a storm, no soil becomes mixed with or transported by storm water run-off. If, during construction operations, field conditions change in a manner which, in the opinion of the Engineer, significantly deviates from how the SWPPP, as approved by the CITY, addressed the current construction operation, the Engineer may direct the Contractor to revise the current construction operation and/or the SWPPP. Such directions will be made in writing and will specify the items of work for which the SWPPP is inadequate. No further work on these items will be permitted until the Contractor revises the construction operations to the satisfaction of the Engineer and/or until the Contractor submits a revised SWPPP and receives CITY approval. The Engineer shall notify the Contractor of the acceptance or rejection of the revised SWPPP within seven(7) working days from the date of submittal. The BMP (Best Management Practices) and/or SWPPP (Storm Water Pollution Prevention Plan) shall be submitted to the CITY for review and approval a minimum of ten (10) working days prior to the commencement of construction operations in accordance with this Section 6- 1.03 of these Special Provisions. SP-26 The City's NPDES Section shall be contacted prior to any work to determine whether or not the project will require the development of a Water Quality Management Plan(WQMP). THE CONTRACTOR SHALL COMPLY WITH THESE REQUIREMENTS AND CITY ENGINEER'S DIRECTIONS DURING THE COURSE OF CONSTRUCTION. Full compensation for the implementation of BMPs, including the construction, removal, and the furnishing of all necessary labor, equipment, and materials to comply fully with NPDES requirements shall be considered as included in the contract bid lump sum price, or if no specific bid item, the contract bid prices paid for the various bid items of work, and no additional compensation shall be allowed therefor. Full compensation for preparation of the SWPPP, revisions to the SWPPP, and all other related costs, including the construction, removal, and the furnishing of all necessary labor, equipment, and materials to comply fully with NPDES requirements shall be considered as included in the contract bid lump sum price, or if no specific bid item, the contract bid prices paid for the various bid items of work, and no additional compensation shall be allowed therefor. 6-1.04 PERMITS AND LICENSE -- The Contractor shall pay for and obtain a City Business Registration prior to the execution of the contract. Contractor shall obtain a City of San Bernardino Business Registration at his/her own expense. Prior to the commencement of work, the Contractor shall obtain a construction permit at no cost from the City of San Bernardino, Public Works Department, located at San Bernardino City Hall, 300 North "D" Street, 3rd Floor, San Bernardino, California. The permit shall be kept in a readily available place on the job site at all times during construction. While no fee will be charged for the permit, no permit will be issued unless the Contractor provides a code reference number from USA. The Contractor shall obtain all required permits from all other City of San Bernardino Departments/divisions and/or agencies including, but not limited to the Community Development, Building and Safety Division, the Public Works Department, Street Division, any involved water agency, county flood control, railroad, Caltrans, Fish & Game, Corp. of Engineers, Regional Water Quality Board, etc., at his/her own expense, unless otherwise stated in the Plans and Specifications. These fees and permits shall include water and sewer hook-up, meter, inspection and flagging fees. SP-27 6-1.05 EXTRA WORK AND MARKUP -- Any extra work done shall conform to the provisions of Section 3.3, "Extra Work", of the Standard Specifications, subject to the restrictions of Section 20452 and 20455 of the Public Contract Code. A. Work by Contractor The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor 20 2) Material 15 3) Equipment Rental 15 4) Other items and Expenditures 15 To the sum of the costs and markups provided for in this subsection, compensation for bonding shall be at the rate specified by the bonding company. B. Work by Subcontractor When all or any part of the extra work is performed by a Subcontractor, the markup established above shall be applied to the Subcontractor's actual cost of such work, also a markup of 10 percent on the first $5,000.00 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of$5,000.00 of the subcontracted portion of the extra work may be added by the Contractor. 6-1.06 HOLIDAYS, WORKING DAYS AND HOURS -- The Contractor's activities shall be confined to the hours between 7:00 a.m. and 4:30 p.m., Monday through Thursday, excluding holidays, as defined in this section. Deviation from these hours will not be permitted without the prior consent of the Engineer, except in emergencies involving immediate hazard to persons or property. No traveled lane shall be closed during rush hour, (7:00 a.m. to 8:30 a.m. and 4:30 p.m. to 6:00 p.m., unless approved by the Engineer. The Contractor will coordinate inspections with the Public Works Inspector 48 hours prior to any work being done during evenings, Fridays or Saturdays. The Contractor shall coordinate with the Engineer regarding working hours prior to start of construction. Except for Fridays, in the event of either a requested or emergency deviation, inspection service fees will be charged against the Contractor. The service fees will be calculated at overtime rates, including benefits, overhead and travel time. SP-28 Designated legal Holidays are: January 1St, the third Monday in January, the third Monday in February, the last Monday in May, July 4th, the first Monday in September, November 11 th, Thanksgiving Day and the Friday following, December 25th and the working day preceding or following (as directed by the Mayor and Common Council) and the last working day of the year. When a designated legal holiday falls on a Sunday, the following Monday shall be a designated legal holiday. When a designated legal holiday falls on a Saturday, the preceding Friday shall be designated a legal holiday. 6-1.07 PAYMENTS -- Attention is directed to Section 9-3, "Payments", and 9-3.2, "Partial and Final Payment", of the Standard Specifications and these Special Provisions. No partial payment will be made for any materials which are furnished, but not incorporated in the work. The Contractor shall submit "As Built" project drawings to the Engineer prior to the release of final payment and/or bonds. 6-1.08 PROJECT APPEARANCE -- The contractor shall maintain a neat appearance to the work including use of street sweeping and graffiti removal. The Contractor shall inspect the project site each working day and be prepared to remove debris and graffiti from all surfaces, including security fencing, on the day of occurrence. In any area visible to the public, the following shall apply: When practicable, broken concrete and debris developed during clearing and grubbing shall be disposed of concurrently with its removal. If stockpiling is necessary, the material shall be removed or disposed of weekly unless otherwise specified. The Contractor is encouraged to recycle all materials. The Contractor shall provide the CITY all documents as to the weight of materials removed during excavations in accordance with the requirements of AB939. 64.09 DISPOSAL OF EXCESS EXCAVATED OR REMOVED MATERIAL -- Unless otherwise specified, all excess excavation or removed material shall become the property of the Contractor and shall be disposed of by him away from the site of the work. SP-29 6-1.10 SURVEYING SERVICE -- Not applicable for this project. 6-1.11 CLAYTON ACT AND CARTWRIGHT ACT -- Section 4551 of the State Government Code specifies that in executing a public works contract with the CITY to supply goods, services or materials, the Contractor or Subcontractor offers and agrees to assign to the CITY all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 commencing with Sec. 16700) of Part 2 of Division 7 of the Business and Professions Code, arising from purchase of goods, services or materials pursuant to the contract or subcontract. This assignment shall become effective when the CITY tenders final payment to the Contractor without further acknowledgement by the parties. 6-1.12 PROJECT ERRORS OMISSIONS INCONSISTENCIES AND/OR DISCREPANCIES -- In the event of errors, omissions, inconsistencies, and/or discrepancies among two or more portions of the Contract Documents, the Engineer may direct the Contractor to follow the most stringent requirements at no additional cost. If errors, omission, inconsistencies, and/or discrepancies appear in the Contract Documents or in the work done by others affecting this work, the Contractor shall immediately notify the Engineer prior to proceeding with the work, and the Engineer shall issue appropriate instructions. If the Contractor proceeds with the work so affected, without instructions from the Engineer, the Contractor shall remove the incorrect work or make the necessary corrections to comply with the Engineer's instructions at no cost to the City of San Bernardino. In case of conflicts, errors, omissions, inconsistencies, and/or discrepancies on the plan sheets, it is assumed that the bid included the cost for implementing and/or constructing the discrepancy that would have the highest dollar value. 6-1.13 EMERGENCY INFORMATION -- The names, addresses and telephone numbers of the Contractor and subcontractors, or their representatives, which can be reached and will respond to calls 24 hours/day, shall be filed with the Office of the City Engineer prior to beginning work. 6-1.14 MAINTENANCE OF EXISTING IMPROVEMENTS -- The Contractor shall protect and maintain all existing improvements and facilities in place to remain from the first day of work under this contract to acceptance. The Contractor is responsible for replacing any damaged improvement or facility to original condition or better. SP-30 6-1.15 CONTRACTOR'S SAFETY RESPONSIBILITY -- The Contractor shall be solely and completely responsible for conditions of the jobsite, including safety of all persons and property during performance of the work. This requirement shall apply continuously and not be limited to normal working hours. Safety provisions shall conform to U.S. Department of Labor (OSHA), the California Occupational Safety and Health Act, and all other applicable Federal, State, County, and City laws, ordinances, regulations, codes, the requirements set forth below, and any regulations that may be detailed in other parts of the Contract Documents. Where any of these are in conflict, the more stringent requirement shall be followed. 6-1.16 SAFETY SUPERVISOR AND MEETINGS -- A. The Contractor shall appoint an employee as safety supervisor who is qualified and authorize to supervise and enforce compliance with the Safety Program. The Contractor shall notify the Engineer in writing prior to the commencement of work of the name of the person who will act as the Contractor's Safety Supervisor. B. The Contractor will, through and with his Safety Supervisor, ensure that all of its employees, and its subcontractors of any tier, fully comply with the Project Safety Policies. The Safety Supervisor shall be a full-time employee of the Contractor whose responsibility shall be for supervising compliance with applicable safety requirements on the work site and for developing and implementing safety training classes for all job personnel. C. The Contractor and its affected subcontractors shall attend safety coordination meetings. The minutes of their meetings shall be submitted to the Engineer. 6-1-17 MEETINGS -- A. The Contractor shall attend weekly progress meetings at the project site. B. In general, these meetings will be attended by the Contractor, the Engineer or his designee, and any subcontractors, suppliers, distributors or other concerned individuals with issues or items to discuss. C. Meeting minutes will be taken by the Engineer or his/her designee. The meeting minutes will be available to the Contractor at the following weekly meeting. The Contractor shall be responsible to distribute the meeting minutes to all parties performing work under his contract. SP-31 D. The Engineer shall have the authority to require that a mandatory meeting be held at any time during normal work hours. E. These meetings shall be attended by the Contractor, the Engineer or his/her designee, and any subcontractors specified by the Engineer. 6-1.18 PAYMENT -- Full compensation for conforming to the requirements of Section 6 shall be considered as included in the prices paid for the various contract bid items of work involved, and no additional compensation will be allowed therefor. SP-32 SECTION 7 7-1 UTILITIES 7-1.01 GENERAL -- The location of all utility substructures that may affect the work shall comply with Section 5, "Utilities", of the Standard Specifications and these Special Provisions. The Contractor shall notify the Engineer immediately of any conflict. The Contractor shall match existing products. The Contractor is responsible for coordinating work with the utility owners. Certain companies, governmental agencies, or their contractors may be working within the construction area. Certain utility facilities at various locations within the project limits may be removed, relocated, abandoned, or installed by companies' or agencies' contractors. The Contractor shall coordinate his work with utility owners and their contractors. The Contractor shall exercise due caution to prevent any damage to/or movement of these utility facilities. Listed below are the utilities that may be affected, with the designated contact person. These names and phone numbers are listed for information purposes only. The Contractor is responsible for verifying phone numbers and contact persons. 1. SOUTHERN CALIFORNIA EDISON COMPANY 287 Tennessee Street Redlands, CA 92373 Phone: (909) 307-6788 Attn: Ben Murguia 2. SOUTHERN CALIFORNIA GAS COMPANY 1981 West Lugonia Avenue Redlands, CA 92374-9796 Phone: (909) 335-7772 Attn: Devery Jennings 3. SAN BERNARDINO MUNICIPAL WATER DEPARTMENT Water Utility Engineering Section 300 North"D" Street, 5th Floor San Bernardino, CA 92418 Phone: (909) 384-5092 Attn: Mike Nevarez SP-33 4. VERIZON 1980 Orange Tree Lane, Suite 100 Redlands, CA 92374-2803 Phone: (909) 748-6655 Attn: Control Desk 5. TIME WARNER TELCOM OF CALIFORNIA (ADELPHIA,COMCAST) 1500 Auto Center Drive Ontario, CA 91761-1561 Phone: (909) 795-3349 Attn: Stewart King 6. TIME WARNER TELCOM OF CALIFORNIA (ADELPHIA, TC I) 1500 Auto Center Drive Ontario, CA 91761-1561 Phone: (909) 798-8588 Attn: Mark Davenhauer 7. TIME WARIER TELECOM OF CALIFORNIA 3281 Guasti Road, Suite #350 Ontario, CA 91761 Phone: (909) 456-3697 Attn: Richard Wilkerson Cell: (714) 801-6141 8. A.T. & T. - OSP Engineering Cable Maintenance & Right of Way 2741 N. Main Street Walnut, CA 94596-2714 Phone: (916) 799-4642 Attn: Rosemary Hamill, Cell Phone A.T. & T. - Cable Hazards Center Phone: (800) 252-1133 or A.T. & T. - Plant Protection Services Phone: (909) 381-7385 Attn: John Bradley 9. A.T. & T. (SBC-PACIFIC BELL TELEPHONE) ATTN: Right-of-Way Liaison 1265 N. Van Buren Street, Room #180 Anaheim, CA 92807 Phone: (714) 666-5401 Attn: Susan Morgan SP-34 10. SPRINT COMMUNICATIONS Attn: Outside Plant Engineering 282 South Sycamore Street Rialto, CA 92376 Phone: (909) 874-7450 Attn: Lynn Durrett 11. MCI—Western Region OSP Outside Plant Construction 157 S. Lilac Street Rialto, CA 92376 Phone: (909) 421-5309 Attn: Chuck Trimble 12. CHARTER COMMUNICATIONS 7337 Central Avenue Riverside, CA 92504-1440 Phone: (951) 343-5139 Attn: Dean Vandever 13. EAST VALLEY WATER DISTRICT 3654 Highland Avenue, Suite#18 Highland, CA 92346-2607 Phone: (909) 888-8986 Attn: Justin Parker 14. SAN BERNARDINO COUNTY INFORMATION SERVICES NETWORK SERVICES Attn: Randy Miller, Division Chief 670 E. Gilbert Street San Bernardino, CA 92415 Phone: (909) 388-5910 Attn: Michele Watson 15. OMNITRANS 1700 W. 5th Street San Bernardino, CA 92411 Phone: (909) 379-7153 Attn: Allen Wild— Stops & Station Changes SP-35 16. CITY OF SAN BERNARDINO INFORMATION SERVICES —COMMUNICATIONS 300 North"D" Street, 4t'Floor San Bernardino, CA 92418 Phone: (909) 384-5947 Attn: Larry Martin 17. CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT OPERATIONS AND MAINTENANCE DIVISION 234 S, Mt. View Avenue San Bernardino, CA 92408 Phone: (909) 384-5143 Attn: John Van Havermaat 18. CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT OPERATIONS AND MAINTENANCE DIVISION TRAFFIC SIGNALS & STREET LIGHTING 234 S. Mt. View, #110 San Bernardino, CA Phone: (909) 384-5129 Attn: Clemente Elizalde 7-1.02 CONTRACTOR'S RESPONSIBILITY -- The Contractor shall verify the location of all underground utilities and services, including potholing, before proceeding with the excavation work, requesting in advance the services of inspectors from the utility companies in order to ascertain said locations. Damage to underground utilities resulting from neglect on the part of the Contractor shall be corrected and paid for by the Contractor. 7-1.03 COOPERATION AND COLLATERAL WORK -- The Contractor shall conform to the requirements of Section 7-7, "Cooperation and Collateral Work", of the Standard Specifications. 7-1.04 UTILITIES NOTIFICATION -- The Contractor shall notify all owners of public utilities seventy two (72) hours in advance of excavating around any of their facilities and substructures and shall also provide the same notice to Underground Service Alert of Southern California, telephone number 1/800/422-4133. SP-36 7-1.05 UTILITIES INTERFERENCE -- Utilities which are found, by exploratory location or by excavation, to interfere with the construction of this project will be relocated, altered, or reconstructed, or the Engineer may order changes in location, line or grade of the project structure, to be built in order to avoid said utility. The Contractor may coordinate the work with the utility owners. Abandoned utilities, which interfere with the construction of any portion of this project, may be cut by the Contractor, the interfering portion of the utility removed and open ends of the pipe sealed with a suitable plug or cap. 7-1.06 PAYMENT -- Full compensation for conforming to the requirements of this Section, not otherwise provided for, shall be considered as included in the prices paid for the various contract bid items of work involved and no additional compensation will be allowed therefor,. SP-37 SECTION 8 8-1 DESCRIPTION OF WORK 8-1.01 DESCRIPTION -- The work to be done is at Main ( 2nd floor roof) Roof Area with Penthouses and Lower(1St floor areas) Roof Areas. The work mainly consists of the removing and disposing of existing gravel surfaced asphalt built- up roof system. Adhered Thermoplastic-PVC Membrane Roof System: 72-mil G410 Feltback Membrane installed over 1/a" DensDeck Prime cover board and properly prepared Structural Concrete or Lightweight Insulating Concrete Roof deck substrate. Remove existing sky light and install new skylight; Install Bilco Type "S" Roof Hatch (36"x30" Paint Bond Steel); Install new "Samadrain w/ U-Flow" Retrofit Drain (4"); Install new Sarnatred-V Walk Tread (Light Gray); Repair/Replace damaged Lightweight Insulating Concrete 6.5" Thick. The removal and replacement of roof and sky light shall be included as required by CITY inspection and approval of a functioning system, and such other items or details, not mentioned above, that are required by the Plans, Standard Specifications, or these Special Provisions shall be performed, placed, constructed or installed. The work to be done shall include furnishing all materials, equipment, tools, labor, taxes and incidentals as required by the Contract Documents to construct the project. Addenda issued during the time of bidding shall become a part of the documents furnished to all bidders for the preparation of bids, shall be covered in the bids, and shall be made a part of the contract. Each Bid shall include specific acknowledgement in the space provided of receipt of all Addenda issued during the bidding period. Failure to so acknowledge Addenda may result in the Bid being rejected as not responsive. 8-102 ORDER OF WORK -- The first order of work shall be to place the order for the product and material. Within one (1) week of the notification of award, the Contractor shall furnish the Engineer with a statement from the vendor that the order for said product/material has been received and accepted by the vendor. All other works shall be considered second order of work. 8-1.03 CLEAN UP AND DUST CONTROL -- Clean up and dust control shall conform to provisions in Section 7-8.1, "Clean Up and Dust Control", of the Standard Specifications. 4 The Contractor shall water down the site during periods of high winds as directed by the Engineer, including periods when the work is not actually in progress. Failure to respond to a directive to water the site in a prompt manner will result in the City making other arrangements to have this item of work done and the costs billed to the Contractor, or it shall be paid for by the Contractor as a deduction from his contract. SP-38 8-1.04 PROJECT LOCATIONS -- Locations within the CITY to be provided following Award of Project. 8-1.05 GEOTECHNICAL INVESTIGATION -- None 8-1.06 APPROVED MATERIALS -- Whenever the expression "or approved equal" is used, it shall be taken to mean the approval by the City Engineer of any substitution of material or material specified herein. All substitution requests shall state the reason for the request and the difference in price between the item specified and the requested substitution. All substitution requests shall be submitted to the City Engineer in writing eight (8) working days prior to the bid opening. No requests for substitutions will be considered by telephone. The Contractor shall submit to the Engineer for review and approval six (6) copies of all shop drawings. The Contractor shall make any corrections to shop drawings required by the Engineer. 84.07 CITY-FURNISHED MATERIALS -- CITY furnished material, when applicable as specified in other sections of these Special Provisions, shall comply with the following: A. Materials, if furnished by the CITY, will be made available as specified in these Specifications. The Contractor is responsible for loading, unloading, hauling and handling, and placing CITY-furnished materials. B. The Contractor shall inspect and assure itself of the amount and soundness of such materials. C. The Contractor will be held responsible for all materials furnished to it, and shall pay all demurrage and storage charges. CITY-furnished materials that are lost or damaged from any cause whatsoever shall be replaced by the Contractor. The Contractor will be liable to the CITY for the cost of replacing CITY-furnished material and such costs may be deducted from any monies due or to become due the Contractor. SP-39 8-1.08 PRE-BID INQUIRIES -- NO ORAL representations or interpretations will be made to any Bidder as to the meaning of the Specifications, Plans, any addenda, or other Contract Documents. Written requests for an interpretation, or to identify a potential omission, discrepancy, or misunderstanding will be accepted if received by 5:00 p.m. of the 6th working day prior to the day of the proposed bid opening. If there are any questions regarding this project, please contact: City Engineer's Office San Bernardino City Hall 300 North"D" Street, 3rd Floor San Bernardino, CA 92418 SUBJECT: ROOF REPLACEMENT AT NORMAN F. FELDHEYM CENTRAL LIBRARY IN THE CITY OF SAN BERNARDINO PLANS & SPECIAL PROVISIONS NO. 13069 Attention: Saba Engineer, P.E. Principal Civil Engineer Tel: (909) 384-5284 E-mail: engineer—Sa@sbcity.org Or Attention: Mirela Grigorescu Tel: (909) 384-5202; Fax: (909) 384-5190 E-mail: grigorescu—mi@sbcity.org SP-40 SECTION 8A ADHERED THERMOPLASTIC (PVC) FELTBACK MEMBRANE ROOFING 2-3/4" INSULATED TRANSLUCENT FIBERGLASS SANDWICH PANEL SKYLIGHT SYSTEM SP-41 ADHERED THERMOPLASTIC (PVC)FELTBACK MEMBRANE ROOFING PART 1 —GENERAL CONDITIONS 1.1 DESCRIPTION A. Summary: Instdit an adhered thermoplastic(PVC)feltback membrane roof system,including,but not united to,removal of wdsting roof system, primed gypsum www board, PVC mete 1>ashings,PVC metal edgermscia flashing,and other components to comprise a Weg#WFUW roof system. The roof system shall comply with the herein specified roo&V s standard wnftn acrd detail requirements. Note: Sika Samahl products and system Corr requirements haw been utilized as the basis of design for this project. B. System Description: 1. Remove and dispose of existing roof system;including all vertu ,p tch-pans and applicable metal down to the kjt*mekjht insulating concrete(UNIC)roof deck substrate- AN removal, hauling,and disposal procedures must be performed by a certified contractor and must meet or exceed all applicable Local and State reipownents, Existing sheet wietal parapet wail cep flading and sheet metal counter-flashing stroll be removed with care and reused(reinstalled)upon oormpletion of the PVC membrane lashings. 2. As ale,asbestos containirig materials(ACM)are present in those components and areas of the building subject to the work of this project. The.scope of the asbestos removal work shall be as required to comply with Local,State,and Federal regulations and srdards. The Applicator shall obtain and pay for all licenses and permits associates with ati asbestos work. The Applicator shall provide to the City of Sao Barry Representative copies of all permits,certificates,and o 0w related documents pertaining to the asbestos removW work. 3. As identified by the City of San Bernardino Representative,remove acrd dispose of all non- usable roof vents,able curbs and Wined roof penetrations. Repair and/or replace roof deck substrate to match erg in accordance with Low builckV cede requirements. Deck replacement slmdi match the same size and type as that of ensting deck. 4. At all emoting Equipment Curia and rhea#Hatch locations without crickeling on the upsl©pe side and with,an cape id'nmensioro largw than 3W,nstaff tapered'socyamiraft r d insulation crickets.The cricket slope strati be two banes tare prinmary roof deck slope and adhered in place with bw-nice foam insulation adhesive at a ram not less than 12'on-center, 1W to 11r wide ribbon spacing and in accordance with FM 1-90 uptt resistance requirements- NORMAN F.FELDHEYM CENTRAL LIBRARY-REROOF 07543-ADHERED THERMOPLASTIC CRY OF SAN BERNARDI140 (PVC)FELTBACK MEMBRANE ROOFING f 5. Over the properly prepared LWIC roof deck, install a layer of 1/4"thick gypsum cover board with fiberglass mat facer.The cover board shall be secured to the LWIC substrate using Factory Mutual and manufacturer approved low-rise foam insulation board adhesive at a field attachment rate not less than 12"on-center 1/4"to 1/2"bead ribbon spacing per 4'x8' board. Perimeter and corner attachment rates must be increased in accordance with Factory Mutual Data Sheets 1-28/29 requirements. 6. Install a layer of fiberglass reinforced 72-mil thermoplastic(PVC)feltback membrane (EnergySmart White). The membrane shall be installed directly over the gypsum cover board and shall be adhered using VOC compliant,water-based adhesive. The membrane shall meet or exceed Cool Roof Rating Council (CRRC) requirements for Title 24 compliance. 7. Install new PVC clad metal drip edge flashing around entire perimeter edge of equipment penthouse. The new drip edge shall have a minimum four inch (4") attachment flange,four- inch (4")vertical face with one-half inch (1/2") hemmed"kick"at bottom edge. The edge metal shall be secured to the new wood nailer using approved galvanized-steel angular ring- shank nails at a spacing of four-inch(4")on-center, staggered. Install a continuous metal cleat(hook strip)and PVC membrane coverstrip in accordance with the Roofing Manufacturer's standard written and detail requirements (see attached Detail Drawing 1.1 A). Note: Install PVC clad metal covers at all vertical joints in accordance with Roofing Manufacturer's standard requirements. 8. Replace existing galvanized sheet metal (GSM)gutter and downspout with new 24 gauge "Kynar"coated GSM gutter and downspout. The new gutter shall have a three-inch (3")wide flange for attachment to the new wood nailer using galvanized-steel angular ring-shank nails at a spacing of six-inch (6")on-center. The face dimension of gutter shall be one and a half inches(1-1/2") less the back dimension of gutter. One-inch (1")wide, 16 Ga. GSM spacing straps are to be installed at 36"on-center. The straps are to provide a locking hook strip at face of gutter and shall be attached at the back top edge of gutter using metal capped grommeted fasteners set in approved urethane sealant. The strap is to be configured in a"U" shape to provide clearance for the clad metal edge without modification. Gutter end-laps are to be two-inch (2") minimum in direction of flow, sealed with approved urethane sealant and pre-painted pop-riveted to match color of gutter. Rivets are to be installed at two-inch (2")on- center spacing. Note: The new gutters shall be fabricated with a four-inch (4") long vertical down shot sleeve which shall be tight-fitted into the new 4"x4"downspout and internally sealed using Sikaflex 1 a, or pre-approved equal one-part urethane sealant. Outside diameter of gutter down shot sleeve shall be 1/16 inch less inside diameter of the new downspout. 9. Install adhered,fiberglass reinforced, 60-mil PVC flashing membrane at vertical parapet walls.Adhere new asphalt/oil resistance PVC flashing membrane to prepared vertical wall substrate with V.O.C. compliant, solvent based flashing adhesive.At existing locations with roof system flashings carried up under existing GSM cap flashing, install new membrane flashing carried up and over the top of wall prior to reinstalling existing GSM cap flashing. At parapet wall locations with existing roof flashings terminated under GSM counter-flashing, adhered membrane flashing shall be carried up to the base of existing GSM counter-flashing receiver and fastened at top edge with manufacturer approved fastener and plate/bar at six (6") inches on-center prior to installing existing GSM counter-flashing skirt.All new sheet metal installation shall conform to current SMACNA, membrane manufacturer and local building code requirements. NOTE: At contractor's option, adhered asphalt/oil resistant NORMAN F. FELDHEYM CENTRAL LIBRARY-REROOF 07543—ADHERED THERMOPLASTIC CITY OF SAN BERNARDINO (PVC) FELTBACK MEMBRANE ROOFING membrane flashing may be substituted with adhered 9 oz. geotextile fabric polypropylene separator and adhered standard 60-mil fiberglass reinforced flashing membrane at vertical flashing locations. 10. At all exhaust fan/vent curb locations install adhered fiberglass reinforced asphalVoil resistant PVC membrane flashing. Using 60-mil flashing membrane, perform adhered membrane flashing detail (see attached Detail Drawing 5.1). Apply a continuous bead of approved urethane sealant behind flashing membrane at termination point where mechanical fasteners will penetrate membrane. Fastener spacing for membrane termination shall be eight inches (8")on-center using approved fasteners. Reinstall exhaust fan/vent and secure to curb using increased diameter, metal-capped grommeted fasteners at a spacing of eight inches(8")on- center. Where possible, use existing fastener holes when installing new fasteners. Seal exposed fastener holes using approved urethane sealant. Note:Where existing flashing height is below eight-inches(8"), install new, dimensional lumber,#2&Btr. grade Douglas Fir curb extensions and secure to existing curb in accordance with local building code seismic requirements. Extend electrical supply(conduit)as required at Power Exhaust Fan units. All electrical work must be performed by a certified/licensed Electrical Contractor only. 11. Install 60-mil asphalt-oil resistant PVC flashing membrane at existing roof hatch curbs. The flashing membrane shall be adhered to the properly prepared vertical substrate using V.O.C. compliant adhesive. Membrane termination shall be performed using Roofing Manufacturer approved termination reglet with one-part urethane sealant(see attached Detail Drawing 5.3). 12. Remove and dispose of all existing 10"X 10"flush mount, low-profile square exhaust vents. At the existing openings, install new, 24-Ga. GSM China Vent and perform PVC membrane flashing as required (see attached Detail Drawing 3.4). Note: The top (cap)of the new China Vent shall extend a minimum of three-inches(3") below the opening at the top of the vent. 13. All open (soil, vent, etc.) pipes will be flashed utilizing "Vent Stack"detail with PVC membrane cap(see attached Detail Drawing 7.1). Note: The use of clamps for membrane termination will not be accepted at open (non-connected) pipes. 14. All connected (conduit, gas, etc.) pipes will be flashed utilizing PVC flashing membrane with 60 mil fiberglass reinforced PVC membrane storm collar(see attached Detail Drawing 7.2A). 15. Replace all existing roof drain clamping ring bolts and debris strainers with new matching components. Broken or missing metal clamping rings to be replaced with new matching clamping rings. Existing drain bowl and reused clamping rings to be thoroughly cleaned, primed and painted prior to reinstalling.All primary and overflow roof drains to receive new asphalt/oil resistant flashing membrane target with one full tube of manufacturer approved urethane sealant between the new flashing membrane and drain bowl receiver flange. Flashing membrane target shall be hot air welded to roof membrane and installed in accordance with"Clamping Ring Drain"flashing detail 6-1. 16. Existing GSM thru wall scupper drains to be replaced with new PVC clad sheet metal scupper flashings. Clean all existing scupper openings of any asphalt contamination. Install new PVC-coated metal scupper inserts in accordance with Membrane Manufacturer and SMACNA requirements. The scupper inserts shall extend through the wall opening and shall be sealed at the outside wall using manufacturer approved urethane sealant. NORMAN F. FELDHEYM CENTRAL LIBRARY-REROOF 07543—ADHERED THERMOPLASTIC CITY OF SAN BERNARDINO (PVC)FELTBACK MEMBRANE ROOFING 17. At all inside and outside corner locations, install prefabricated membrane flashings only. 18. At all rooftop electrical conduit, condensate piping, gas piping, etc., install new, prefabricated thermoplastic pipe supports as manufactured by Erico-Caddy, or pre-approved equal. The pipe supports shall be positioned at a maximum spacing as required allowing for continuous four inch (4")clearance above the finished roof surface. Properly secure the conduit/piping to the pipe support using approved metal straps. 19. Install 96-mil PVC walkway tread (Light Grey color)at locations matching existing walkway layout and between concrete equipment support pads and sheet metal splash blocks and roof membrane. The walkway tread shall be installed in accordance with the Roofing Manufacturer's standard written and detail requirements. 20. Perform all roofing work in strict accordance with the herein specified, and/or otherwise indicated City of San Bernardino standards for detail and flashing applications. These standards shall supersede Roofing Manufacturer's minimum/standard requirements. A. Work Included: The work includes but is not necessarily limited to the installation of: 1. Substrate Preparation. 2. Wood Nailers/Blocking. 3. Tapered Isocyanurate Roof Insulation Crickets. 4. Fiberglass Matt Faced Gypsum Cover Board. 5. Flashing Membrane Adhesive. 6. Roof Membrane Adhesive 7. Attachment Plates&Fasteners. 8. Thermoplastic(PVC) Roof Membrane. 9. Thermoplastic(PVC) Flashing Membrane. 10. Metal Flashings. 11. Sealants. 12. Roof Drains. 13. Equipment Access/Walkway Tread. 14. Prefabricated Pipe Supports(Erico-Caddy). 1.2 QUALITY ASSURANCE A. Pre-Bidding Report: To find and resolve conflicts or lack of definition that may create construction problems, each Bidder for the Work of Section 07543 shall submit a written report to City of San Bernardino Representative at least 15 days before Bids are due for the Work of this Section. B. Pre-Roofing Conference and Inspection: After approval of submittals but prior to beginning installation of Work of this Section,the Owner's Representative shall hold a meeting at the site attended by the City of San Bernardino Representative, Roofing Applicator, Sheet Metal, Mechanical, and Electrical Subcontractors, and the Roofing Material Manufacturer to describe in detail the roof system(s)to be installed and to establish agreement, coordination, and responsibilities among the involved trades. NORMAN F. FELDHEYM CENTRAL LIBRARY-REROOF 07543—ADHERED THERMOPLASTIC CITY OF SAN BERNARDINO (PVC)FELTBACK MEMBRANE ROOFING C. The roofing system shall be applied only by an Applicator authorized by the specified Roofing Manufacturer prior to bid. The Applicator shall have a minimum of five(5)years documented experience with the Roofing Manufacturer. The Owner's Representative reserves the right to request a list of reference projects to verify Applicator's performance/work history. All references must be of similar size and scope, and must be within 100 miles of this project. D. The Roofing Manufacturer shall have directly produced the roof membrane for the number of years equal to, or greater than that of the warranty term (20 years). The membrane shall have also maintained a consistent base formulation for the same number of years. E. The Roofing Manufacturer shall have a Sustainable Product Certification conforming to the requirements of NSF/ANSI 347—Sustainability Assessment for Single Ply Roofing Membranes. Minimum certification level established for this project is: Platinum. F. Use only a Manufacturer who has initiated a post consumer recycling program and can demonstrate a minimum of five projects where the existing PVC membrane has been removed and recycled into new roofing membrane or PVC components. G. Membrane Manufacturer must have Recycled Content Certification from UL(Underwriters Laboratories) Environment. H. Membrane thickness stated in this document refers to waterproofing membrane PVC polymer thickness. Polyester felt backing is always in addition to the required membrane thickness and is measured in weight per square yard. The required weight for felt backing is nine ounces per square yard (9-Oz.Nd2). This is a non-negotiable minimum requirement. I. Unreinforced or polyester reinforced membranes are prohibited. J. Re-labeled/re-packaged ("Private-labeled") primary and flashing membranes will not be accepted. K. Membrane Manufacturer must have ISO 14001 Certification and a Responsible Care Program in-place with current good standing status. L. Membrane Manufacturer must not require the use of membrane cut edge sealant at any location. This is a maintenance item that the Owner does not accept. M. The Manufacturer shall provide interim and final roof inspection from a directly employed dedicated team of experienced inspectors. Sales personnel may not be used for onsite inspection of installations. 1.3 PRE-INSTALLATION MEETING A. Arrange for a Pre-Installation Meeting between the Applicator, City of San Bernardino Representative, Roofing Manufacturer's Representative, and related trades to be held at least two(2)weeks prior to the beginning of roof system installation. B. Review contract documents, manufacturer's instructions, project conditions, and proposed methods and procedures related to installation. NORMAN F. FELDHEYM CENTRAL LIBRARY-REROOF 07543—ADHERED THERMOPLASTIC CITY OF SAN BERNARDINO (PVC)FELTBACK MEMBRANE ROOFING 1. Identify conditions that would be detrimental to proper installation. 2. Review special details, comer conditions, drainage patterns, penetrations and similar conditions of adjacent construction that will affect or impact surface preparation and installation operations. 3. Review substrates and surfaces to receive materials in order to verify compliance with specified requirements, and with manufacturer's substrate tolerance recommendations and surface preparation requirements, including flatness, levelness, damage and imperfections, and quality of attachment to structure. 4. Review limitations of floor and roof decks for structural loading both during and after installation. C. Review governing regulations and specified requirements for certificates, inspection, reports and closeout submittals. D. Review sequence of installation,finalize construction schedule, and verify availability of materials, installer's personnel, equipment and facilities necessary to make progress and avoid delays. E. Review temporary protection procedures required to be followed to provide protection of stored and installed products and accessories both during and after installation. F. Owner's Representative shall record significant meeting discussions, agreements and disagreements, including required corrective measures and actions to be taken before work begins. Distribute copy of minutes to Owner's Authorized Representative, to each party present, and to parties who should have been present no later than 3 business days following the meeting. . G. Do not proceed with installation until all attendees, including all parties who should have been present, provide written acknowledgement of receipt and agreement to the conditions and requirements as described in the"Meeting Minutes". If disagreements cannot be successfully resolved, initiate necessary actions to remove impediments to execution of the Work and reconvene meeting at earliest available date to resolve outstanding disagreements. 1.4 PERFORMANCE REQUIREMENTS General: Provide installed roofing membrane and base flashings that remain watertight; do not permit the passage of water; and resist specified uplift pressures,thermally induced movement, and exposure to weather without failure. Material Compatibility: Provide roofing materials that are compatible with one another under conditions of service and application required, as demonstrated by roofing membrane manufacturer based on testing and field experience. C. The applicator shall submit evidence that the proposed roof system meets local building code requirements and has been tested and approved or listed by the following test organizations. 1. Factory Mutual Research Corporation: FM 1-90 2. Underwriters Laboratories, Inc.: Class A assembly NORMAN F. FELDHEYM CENTRAL LIBRARY-REROOF 07543-ADHERED THERMOPLASTIC CITY OF SAN BERNARDINO (PVC)FELTBACK MEMBRANE ROOFING D. Energy Performance: Low-Slope Roofs: Provide roof system with an initial Solar Reflectance Index(SRI) of not less than 100 when calculated according to ASTM E 1980 based on testing identical products by a qualified testing agency. Roof membrane(not post installation applied finish)shall comply with current California Title 24 Part 6 minimum 3-year aged solar reflectance of 0.63 and a minimum thermal emittance of 0.75 requirements. 1.5 SUBMITTALS: A. Submittals(utilizing the base specified system: Sika Samafil) 1. A list of each primary component to be used in the roof system and the Manufacturer's current literature for each component. 2. Sample copy of Roofing Manufacturer's warranty. 3. Sample copy of Contractor's warranty. 4. Letter from Roofing Manufacturer confirming that the Contractor is an authorized applicator of the specified roof system. B. Submittals of equals Submit proposed equals to be considered for use on this project no less than fifteen (15)days prior to bid date. Proposed roof systems which have been reviewed and accepted will be listed in an addendum prior to bid date; only then will roof systems be accepted at bidding. All below referenced letters must be original,wet-ink signed by the proposed Roofing Manufacturer's Technical Director/Manager. Submittals shall include the following: 1. Two 12 inch x 12 inch membrane samples and two samples of each component to be used in the roofing system. 2. Manufacture's specification matching the herein specified requirements for all sub-sections as listed, including applicable detail drawings and descriptive list of materials to be used. 3. Letter from the proposed Roofing Manufacturer stating that the Manufacturer has a minimum of 20 years consistent experience in directly producing the proposed roof system. The letter shall also state that the proposed Manufacturer's membrane has maintained a consistent formulation for a minimum of 20 years. 4. Letter from the Cool Roof Rating Council (CRRC)stating that the proposed PVC membrane demonstrates the required Solar Reflectance Index requirements as stated in Section 1.4 D above. Submit listing as an approved product by the CRRC. 5. Letter from proposed Roofing Manufacturer describing the specified certified polymer thickness program. Included shall be a sample copy of the proposed Manufacture's certificate for polymer thickness as specified. NORMAN F. FELDHEYM CENTRAL LIBRARY-REROOF 07543—ADHERED THERMOPLASTIC CITY OF SAN BERNARDINO (PVC)FELTBACK MEMBRANE ROOFING 6. Letter from the proposed Roofing Manufacturer confirming that it has been engaged in a post-consumer recycling program in compliance with the requirements as started in Section 1.2 F above. The proposed Roofing Manufacturer shall provide written proof that its post-consumer recycling program has achieved UL Environmental certification. 7. Complete list of material physical and mechanical properties for each membrane and component including;weights and thicknesses; ultimate elongation; puncture resistance; seam peel strength; breaking strength; tear strength; dimensional stability; low temperature bend; and post-consumer recycle content. 8 Sample copy of specified warranties. a. Manufacturer's 20-Year System Warranty(with no ponding/standing water exclusions). b. Contractor's Two(2)Year Warranty 9. Letter from the proposed Roofing Manufacturer confirming that the Contractor is an authorized applicator of the proposed roof system per the requirements of Section 1.2 C listed above. 1.6 PRODUCT DELIVERY, STORAGE, and HANDLING: All products delivered to the job-site shall be in the original unopened containers or wrappings bearing all seals and approvals. Handle all materials to prevent damage. Place all materials on pallets and fully protect from moisture. 1.7 JOB CONDITIONS A. PVC materials may be installed under certain adverse weather conditions but only after consultation with the Roofing Manufacturer, as installation time and system integrity may be affected. B. Uninterrupted waterstops shall be installed at the end of each day's work and shall be completely removed before proceeding with the next day's work. C. The Applicator shall conduct adhesion tests in accordance with the latest revision of the SPRI/ANSI Adhesion Test Standard to verify condition of deck and to confirm expected adhesion values. Adhesion tests shall be performed a minimum of one (1)week prior to job start. D. Arrange work sequence to avoid use of newly constructed roofing as a walking surface or for equipment movement and storage. Where such access is absolutely required,the Applicator shall provide all necessary protection and barriers to segregate the work area and to prevent damage to adjacent areas. A substantial protection layer consisting of 1/2"plywood over polyester felt or 1/2" plywood over insulation board shall be provided for all new and existing roof areas which receive rooftop traffic during construction. E. The Applicator shall verify that all roof drain lines are functioning correctly(not clogged or blocked) before starting work. Applicator shall report any such blockages to the Owner's Representative for corrective action prior to beginning roof system installation. NORMAN F. FELDHEYM CENTRAL LIBRARY-REROOF 07543-ADHERED THERMOPLASTIC CITY OF SAN BERNARDINO (PVC)FELTBACK MEMBRANE ROOFING 1.8 BIDDING REQUIREMENTS A. Bidders Responsibility Bidders must have held their Roofing Contractors License(C39)for a minimum of five(5) years, with a continuous Good-Standing"status to qualify to bid on this project. Any discrepancy between measurements and conditions listed within this specification, roof plans, and details, and those actually incurred on the job will be the responsibility of the Applicator. 1.9 WARRANTIES A. Roofing Manufacturer's 20 Year Full System Warranty: 60 MPH Windspeed Coverage Upon successful completion of all the work to the Roofing Manufacturer's and Owner's Representative's satisfaction,the 20 Year Full System warranty shall be issued. The System warranty shall provide Non-Penal Sum (replacement cost) coverage for the roof membrane, all associated accessories that comprise the roof system, and all contractor labor. The warranty shall be non-prorated, and shall not exclude ponding/standing water and no time limit shall be assigned for any such ponding/standing water during the warranty term. The warranty shall not exclude regular foot traffic or storage of equipment, materials,tools, etc. of any kind upon the roof membrane surface.Warranty shall not obligate the Owner to perform manufacturer defined maintenance work as a condition of continued warranty coverage. B. Roofing Applicator/Contractor Two(2)Year Warranty The Applicator/Contractor shall supply the Owner with a separate two year workmanship warranty. In the event any work related to roofing, flashing, or metal is found to be within the Applicator/Contractor warranty term, defective or otherwise not in accordance with the Contract Documents, the Applicator/Contractor shall repair that defect at no cost to the Owner. C. "Early Bird"warranties are not to be issued as they will not be accepted by the Owner. The above specified Warranty will be issued only upon acceptance by the Roofing Manufacturer's Technical Department and the Owner's Representative's final approval. PART 2- PRODUCTS 2.1 GENERAL A. The components of the adhered PVC feltback membrane roof system basis of design are products of Sika Sarnafil and/or products utilized by Sika Sarnafil to designate type, quality, and performance standards for this project. B. Substitutions: Upon pre-approval in accordance with Section 1.5 B above. 2.2 MANUFACTURER AND MEMBRANE A. Sika Sarnafil: Western Region Contact: (909) 942-0079 NORMAN F. FELDHEYM CENTRAL LIBRARY-REROOF 07543—ADHERED THERMOPLASTIC CITY OF SAN BERNARDINO (PVC) FELTBACK MEMBRANE ROOFING B. G410-72 mil minimum: Fiberglass reinforced membrane with an integral lacquer coating to repel dirt and sustain long-term solar reflectivity. C. Membrane shall be manufactured by Extrusion/Spread Coating process only, producing a monolithic membrane with fully encapsulated fiberglass reinforcement layer and a minimum of 35-mils of"weathering"polymer above the fiberglass reinforcement layer. D. Membrane shall conform to ASTM D4434 (latest revision), "Standard for Polyvinyl Chloride Sheet Roofing". Classification: Type II Grade I (fiberglass reinforcement). E. Roofing Manufacturer shall certify in writing that the product supplied for this project has a minimum polymer thickness of 72 mils. ASTM +/-tolerance for membrane thickness is not accepted. F. Membrane shall comply with California Building Code(CBC)Title 24, Section 118 requirements for solar reflectivity and emissivity. Manufacturer and membrane shall be listed in the Cool Roof Rating Council (CRRC) product listing as outlined by the Department of Energy(DOE)and the Environmental Protection Agency(EPA). G. As manufactured, membrane shall conform to the following physical properties: 1. Color to be "Ener4vSmart"White. 2. Thickness to be 72 mil (1.80mm). TYPICAL PHYSICAL PROPERTIES' Property ASTM Test ASTM Type II Typical Results Method D-4434 Spec. Requirement Overall Thickness, mil D751 45 72 Thickness Over Scrim, mil -- 16 35 Reinforcing Material -- -- Fiberglass Felt Weight, oz/yd2 -- -- 9 (feltback membrane only) Breaking Strength, Ibf/in (N) D751 55(245) 100(445) Elongation at Break, % D751 250 &220 250&220 M.D.(1) &C.M.D. (1) Seam Strength, % of original (2) D751 75 Pass Retention of Properties D3045 -- -- After Heat Aging Breaking Strength, % of original D751 90 Pass Elongation, % of original D751 90 Pass Tearing Resistance, IV(N) D1004 10(45) 20.5(91) Low Temperature Bend, -40F(-40C) D2136 Pass Pass Accelerated Weather Test G154 5,000 10,000 (Florescent Light UV Exposure),Hours Cracking (7x magnification) None None Discoloration (by observation) Negligible Negligible Crazing (7x magnification) None None Linear Dimensional Change, % D1204 0.1 -0.01 NORMAN F. FELDHEYM CENTRAL LIBRARY-REROOF 07543—ADHERED THERMOPLASTIC CITY OF SAN BERNARDINO (PVC)FELTBACK MEMBRANE ROOFING Weight Change After Immersion D570 +/-3.0 1.8 in Water, % Static Puncture Resistance, Ibf(kg) D5602 33(15) Pass Dynamic Puncture Resistance, D5635 7.3(10) Pass ft-Ibf(J) Recycle Content 9% Pre-consume, 1% Post-consumer *Results may differ based upon statistical variations depending upon mixing methods and equipment, temperature, application methods,test methods, actual site conditions, and curing conditions. (1) M.D. =Machine Direction, C.M.D. =Cross Machine Direction (2) Failure occurs through membrane rupture not seam failure. 2.3 FLASHING MATERIALS A. Wall/Curb Flashing 1. G410 Membrane: Fiberglass reinforced membrane adhered to approved substrate using Stabond adhesive. Consult Sarnafil Product Data Sheets for additional information. 2. G459 Membrane: Fiberglass reinforced asphaittoil resistant membrane adhered to approved substrate using Stabond adhesive. Consult Sarnafil Product Data Sheets for additional information. 3. Sarnaclad: PVC-coated, heat-weldable sheet metal. Samaclad is a 24 gauge, G90 galvanized metal sheet with a 20 mil (1 mm) unsupported PVC membrane laminated on one side. Consult Samafil Product Data Sheet for additional information. B. Perimeter Flashing: 1. High Wind PVC Clad Metal Edge(Project Detail 1-1A): PVC coated, heat-weldable sheet metal with continuous 20-gauge galvanized metal cleat. Sarnaclad is a 24 gauge, G90 galvanized metal sheet with a 20 mil (1 mm) unsupported PVC membrane laminated on one side. C. Miscellaneous Flashing; 1. Aluminum Membrane Attachment Bar(Sarnastop) 2. Termination Reglet(Sarnareglet) 3. Pipe Boots (Sarnastack) 4. Universal Corners(Sarnacorners) 5. Flashing Membrane Adhesive(Stabond) NORMAN F. FELDHEYM CENTRAL LIBRARY-REROOF 07543—ADHERED THERMOPLASTIC CITY OF SAN BERNARDINO (PVC)FELTBACK MEMBRANE ROOFING 2.4 COVER BOARD/ISOCYANURATE INSULATION A. Georgia-Pacific DensDeck®Cover Board: Impact and mold resistant, gypsum core fire barrier board with pre-coated glass-mat facers. Manufactured to meet the following requirements: 1. ASTM C 1177 (Consensus Standard). 2. Smoke Developed (ASTM E-84): 0(Zero). 3. Flame Spread (ASTM E-84): 0(Zero). 4. Mold Resistance(ASTM D3273): 10 (highest level of performance for mold resistance). 5. Compressive Strength (ASTM C 473): 900 psi, nominal. 6. Weight(nominal): 1.2 Lbs./Ft2. 7. Board Size: 1/4"X 4'X 8'. B. Tapered Insulation (Crickets Only): 1/2"min. x 4'x 4' sloped rigid roof insulation panels composed of polyisocyanurate closed-cell foam core with black mat facer laminated to both sides. Manufactured to meet the following requirements: 1. ASTM C1289-11, Type II, Class 1, Grade 2(20 psi) 2. Zero Ozone Depletion Potential(ODP)from blowing agent(HCFC-free). 3. Long-Term Thermal Resistance (LTTR) R-Value based on ASTM 1303-11 and/or CAN/ULC- S770-09: Regardless of published values. 4. Facer Type: Black mat,fiber reinforced. 5. Board Size: 1/2"min. x 4'x 4'. 6. Tapered Insulation Slope: 1/2"per foot(double the primary slope) or as indicated otherwise. 2.5 ATTACHMENT COMPONENTS A. Membrane Adhesive: V.O.C. Compliant Water Based Adhesive(Sarnacol 2121 Adhesive): Water-based adhesive used to attach the membrane to the horizontal or near-horizontal substrate. Consult Product Data Sheets for additional information. B. Cover Board/Insulation Adhesive (Sarnacol 2163 Adhesive):A low odor,VOC compliant, one step, low-rise urethane foam used to attach insulation to approved compatible substrates. Adhesive is applied with a gravity fed applicator or by hand with a dual component caulk gun. Consult Product Data Sheets for additional information. C. Flashing Membrane Adhesive (Stabond Adhesive): Solvent-based reactivating-type adhesive used to attach the membrane to the flashing substrate. Consult Product Data Sheets for additional information. D. Sarnafastener-XP: Corrosion-resistant#15 fastener used with attachment bar to attach roof membrane at base of vertical flashings to approved substrate. E. Membrane Attachment Bar(Sarnastop): One(1) inch wide, pre-punched aluminum membrane attachment bar. Used to attach PVC membrane at all perimeter and base-angle transitions. Consult Sarnafil Product Data Sheet for additional information. NORMAN F. FELDHEYM CENTRAL LIBRARY-REROOF 07543-ADHERED THERMOPLASTIC CITY OF SAN BERNARDINO (PVC) FELTBACK MEMBRANE ROOFING 2.6 WALKWAY PROTECTION A. Equipment Access/Walkway Tread(Sarnatred): Polyester reinforced, 96 mil/2.4 mm),weldable membrane with surface embossment. Used as a protection layer from rooftop traffic. Sarnatred is supplied in rolls of 39.3 inches wide and 50.0 feet long. Consult Samafil Product Data Sheet for additional information. 2.7 MISCELLANEOUS ACCESSORIES A., Multi-Purpose Sealing Tape: Compressible foam with pressure-sensitive adhesive on one side. Used with metal flashings as a preventive measure against air and windblown moisture entry. B. Samasolv: Solvent cleaner used for the general cleaning of scuff marks, etc.,from the Membrane surface. 2.8 SEALANTS A. Depending on substrates, the following sealants are options for temporary overnight tie-ins: 1. Multiple layers of roofing cement and felt. 2. Mechanical attachment with rigid bars and compressed sealant. 2.9 MISCELLANEOUS FASTENERS AND ANCHORS: A. All fasteners, anchors, nails, straps, bars, etc. shall be post-galvanized steel, aluminum or stainless steel. PART 3-EXECUTION 3.1 EXAMINATION: Report to Owner in writing, all conditions that interfere with or prevent correct installation of work of this Section. 3.2 PRE-INSTALLATION MEETING A. Refer to Section 1.3 of this specification for meeting agenda requirements. Discuss the following additional project aspects: 1. Safety 2. Set up 3. Construction schedule 4. Contract conditions 5. Coordination of the work 6. Building access and material staging 7. Structural Loading Limitations/Requirements 8. Review of Deck and/or Substrate Conditions NORMAN F. FELDHEYM CENTRAL LIBRARY-REROOF 07543—ADHERED THERMOPLASTIC CITY OF SAN BERNARDINO (PVC) FELTBACK MEMBRANE ROOFING 3.3 SUBSTRATE CONDITION A. Applicator shall be responsible for acceptance or provision of proper substrate to receive new roofing materials. B. Applicator shall verify that the work done under related sections meets the following conditions: 1. Roof drains and/or scuppers have been installed properly. 2. Roof curbs, equipment supports, vents and other roof penetrations are properly secured and prepared to receive new roofing materials. 3. All surfaces are smooth and free of dirt, debris and incompatible materials. 4. All roof surfaces shall be free of water. 3.4 SUBSTRATE PREPARATION The roof deck and existing roof construction must be structurally sound to provide support for the new roof system. The Applicator shall load materials on the rooftop in such a manner to eliminate risk of deck overload due to concentrated weight. The District's Representative shall ensure that the roof deck is secured to the structural framing according to local building code and in such a manner as to resist all anticipated wind loads in that location. 3.5 SUBSTRATE INSPECTION A. A dry, clean and smooth substrate shall be prepared to receive the new PVC feltback membrane roof system. B. The Applicator shall inspect the substrate for defects such as excessive surface roughness, contamination, structural inadequacy, or any other condition that will adversely affect the quality of work. C. The substrate shall be clean, smooth, dry, free of flaws, sharp edges, loose and foreign material, oil and grease. Roofing shall not start until all defects have been corrected. D. All roof surfaces shall be free of water. E. PVC membrane shall be applied over compatible and accepted substrates only. 3.6 COVER BOARD/INSULATION INSTALLATION A. Tapered insulation and cover board shall be adhered to the LWIC deck substrate with approved low-rise foam board adhesive at a rate according to Factory Mutual Class 1-90 and the Roofing Manufacturer's requirements for fastening rates and patterns. 3.7 INSTALLATION OF PVC FELTBACK ROOF MEMBRANE: A. General 1. Roof membrane is to be adhered according to the Roofing Manufacturer and Factory Mutual's requirements. NORMAN F. FELDHEYM CENTRAL LIBRARY-REROOF 07543-ADHERED THERMOPLASTIC CITY OF SAN BERNARDINO (PVC)FELTBACK MEMBRANE ROOFING 2. Membrane overlaps shall be shingled with the flow of water where possible. 3. Tack welding of membrane full or half-width rolls for purposes of temporary restraint during installation on windy days is not permitted. Consult Roofing Manufacturer's Technical Department for further information. 4. Hot-air weld overlaps according to roofing manufacturer's Take test cuts at least 3 times per day. 5. Membrane flashings shall extend 2-1/2 inches past the membrane attachment bar and shall be hot-air welded to the field membrane as required. 3.8 HOT-AIR WELDING OF SEAM OVERLAPS : A. All field seams shall be hot-air welded using robotic welding equipment only(no hand-held welders). Seam overlaps should be 3 inches wide except for certain details. 3.9 MEMBRANE FLASHINGS: A. All flashings shall be installed concurrently with the roof membrane as the job progresses. B. Stabond Adhesive for Membrane Flashings: Stabond adhesive shall be applied according to instruction found on the Product Data Sheets.The bonded sheet shall be pressed firmly in place with a hand roller. C. All flashings shall extend a minimum of eight(8) inches above roofing level unless otherwise accepted in writing. No bitumen shall be in contact with standard PVC flashing membrane.When asphalt contamination is present, use only asphalt/oil resistant flashing membrane. All flashing membranes shall be mechanically fastened along the counter-flashed top edge with Samastop at six inches(6")on-center. 3.10 PVC CLAD METAL DRIP FLASHINGS: A. All metal flashings shall be fastened into metal stud or wood nailers. Fasteners shall penetrate the nailer a minimum of 1 inch. Metal shall be installed to provide adequate resistance to bending and allow for normal thermal expansion and contraction. B. Adjacent sheets of PVC clad metal shall be spaced 1/4 inch apart. The joint shall be covered with two(2) inch wide aluminum tape. A four(4) inch minimum wide strip of PVC flashing membrane shall be hot-air welded over the joint. 3.11 METAL FLASHINGS A. Metal details,fabrication practices and installation methods shall conform to the applicable requirements of the following: 1. Factory Mutual Loss Prevention Data Sheet 1-49 (latest issue). 2. Sheet Metal and Air Conditioning Contractors National Association, Inc. (SMACNA)—latest issue. NORMAN F. FELDHEYM CENTRAL LIBRARY-REROOF 07543-ADHERED THERMOPLASTIC CITY OF SAN BERNARDINO (PVC)FELTBACK MEMBRANE ROOFING B. Metal joints shall be watertight. Metal flashings shall be securely fastened into metal stud backing plates or wood substrate. Fasteners shall penetrate the metal studs or wood substrate. Counter flashings shall overlap base flashings at least four(4) inches. Hook strips shall extend past metal studs and shall be securely sealed from air entry. 3.12 WALKWAY INSTALLATION A. Samatred Walkway: Apply a continuous coat of Stabond adhesive to the deck sheet and the back of Walkway in accordance with Sika Sarnafil's Technical requirements and press Walkway into place with a water-filled,foam-covered roller. Hot-air weld the entire perimeter of the Walkway to the field membrane. 3.13 TEMPORARY CUT-OFF A. Flashings shall be installed concurrently with the roof membrane in order to maintain a watertight condition as the work progresses: 1. Temporary waterstops shall be constructed to provide a 100%watertight seal. 2. Stagger of the insulation or cover board joints shall be made even by installing partial panels. 3. New membrane shall be carried into the waterstop sealant. 4. Waterstop shall be sealed to the deck and/or substrate so that water will not be allowed to travel under the new or existing roofing. 5. When work resumes, the contaminated membrane shall be cut out. 6. Sealant, contaminated membrane, insulation fillers, etc. shall be removed from work area and properly disposed of offsite. These materials shall not be used in new work. B. If inclement weather occurs while temporary waterstop is in place,Applicator shall provide the labor necessary to monitor the situation to maintain a watertight condition. C. If water is allowed to enter under the newly-completed roofing,the affected area shall be removed and replaced at the Applicator's expense. 3.14 FIELD QUALITY CONTROL A. Final Roof Inspection: Arrange for roofing system manufacturer's technical personnel to inspect roofing installation on completion and submit report to Owner's Representative. B Repair or remove and replace components of membrane roofing system where test results or inspections indicate that they do not comply with specified requirements. 3.15 PROTECTION AND CLEANING A. Protect membrane roofing system from damage and wear during remainder of construction period. When remaining construction will not affect or endanger roofing, inspect roofing for deterioration and damage, provide written report, with copies to the Owner's Representative. NORMAN F. FELDHEYM CENTRAL LIBRARY-REROOF 07543-ADHERED THERMOPLASTIC CITY OF SAN BERNARDINO (PVC)FELTBACK MEMBRANE ROOFING B. Correct deficiencies in or remove membrane roofing system that does not comply with requirements, repair substrates, and repair or reinstall membrane roofing system to a condition free of damage and deterioration at time of Contract Completion and according to warranty requirements. 3.16 DEMONSTRATION A. Provide maintenance documents and personnel instruction for the facilities staff and other interested parties at a single pre-determined mutually convenient time. The instruction shall include the following topics: 1. Access restriction and precautions. 2. Avoiding mechanical damage. 3. Potential contaminants and rectification. 4. Cleaning. 5. Emergency repairs. 6. Procedures for permanent repairs and alterations. END OF SECTION NORMAN F. FELDHEYM CENTRAL LIBRARY-REROOF 07543—ADHERED THERMOPLASTIC CITY OF SAN BERNARDINO (PVC)FELTBACK MEMBRANE ROOFING 2-3/4" INSULATED TRANSLUCENT FIBERGLASS SANDWICH PANEL SKYLIGHT SYSTEM PART 1 -GENERAL 1.1 SUMMARY A. Section includes the insulated translucent sandwich panel skylight system and accessories as shown and specified.Work includes providing and installing: 1. 2'/'factory probbricated structural insulated translucent sandwich panels 2. Aluminum—installation system 3. Aluminum flashing ached to skylights 12 SUBMITTALS A. Submit nanufackalWs product data Include construction deters,mammal desc npWm,profiles and firashes of skylight components. B. Submit shop drawings.Include ele rations and details. C. Submit manufacturer's color charts showing the full range of colors available for bdorrfinidied aluminum ' 1. When requested,submit samples for each exposed finish required,in same thickness and material Indicated for the work and in size indicated below.If fires involve normal color variations,dude sample sets consisting of two or more units showing the full range of variations expected. a. Sandwich panes: 14'x 28'wits b. Factory finished aluminum: 5'long sections D. Submit Infer Certificate,signed by installer,certifying compliance with PmJect qualili ation requirements. E. Submit product reports Emir a clualifiled Independent testing agency indicating each type and class of Pam��wfltr pe xmarx:e requirements,based on%AX1%Fehensive testing of current products- ►toft~reports will be acceptable if lbr current fnanultktun r and indicative of prods used on this Oroject 1. Reports reed arse: a. Inlemakend Building Code Evacuation Report b. Flame Spread and Smoke Developed(UL 723) —Submit UL Card C. Bulb Extent QkSTU D 635) d. Color Dunce(ASTM D 2244) - e- (UL 972) f. Bond Tensile Strength(ASTM C 297 after aging by ASTM D 1037) g- Bond Shear Strength(ASTM D 1002) 084523 Page I of s 2 Y."TRANSLUCENT SKYLIGHT SYSTEPA h. Beam Bending Strength (ASTM E 72) i. Fall Through Resistance(ASTM E 661) j. Insulation U-Factor(NFRC 100) k. NFRC System U-Factor Certification(NFRC 700) I. Solar Heat Gain Coefficient(NFRC or Calculations) m. Condensation Resistance Factor(AAMA 1503) n. Air Leakage(ASTM E 283) o. Structural Performance(ASTM E 330) p. Water Penetration(ASTM E 331) q. Class A Roof Covering Burning Brand (ASTM E 108) 1.3 QUALITY ASSURANCE A. Manufacturer's Qualifications 1. Material and products shall be manufactured by a company continuously and regularly employed in the manufacture of specified materials for a period of at least ten consecutive years and which can show evidence of those materials being satisfactorily used on at least six projects of similar size, scope and location.At least three of the projects shall have been in successful use for ten years or longer. 2. Panel system must be listed by an ANSI accredited Evaluation Service, which requires quality control inspections and fire,structural and water infiltration testing of sandwich panel systems by an accredited agency. 3. Quality control inspections shall be conducted at least once each year and shall include manufacturing facilities, sandwich panel components and production sandwich panels for conformance with AC 177"Translucent Fiberglass Reinforced Plastic(FRP) Faced Panel Wall, Roof and Skylight Systems"as issued by the ICC-ES. B. Installer's Qualifications: Installation shall be by an experienced installer,which has been in the business of installing specified skylight systems for at least two consecutive years and can show evidence of satisfactory completion of projects of similar size, scope and type. 1.4 PERFORMANCE REQUIREMENTS A. The manufacturer shall be responsible for the configuration and fabrication of the complete skylight panel system. 1. When requested, include structural analysis data signed and sealed by the qualified professional engineer responsible for their preparation. 2. Standard skylight system shall have less than 0.01 cfm/ft2 air leakage by ASTM E 283 at 6.24 PSF (50 mph)and no water penetration by ASTM E 331 at 15 PSF;and structural testing by ASTM E 330. 3. Structural Loads; Provide skylight system capable of handling the following loads: a. Live Load: 20 PSF b. Snow Load: 0 PSF; Drift Load: 0 PSF c. Wind Load: 20 PSF 1.5 DELIVERY STORAGE AND HANDLING A. Deliver panel system,components and materials in manufacturer's standard protective packaging. B. Store panels on the long edge; several inches above the ground, blocked and under cover in accordance with manufacturer's storage and handling instructions. 08 45 23 Page 2 of 6 2 W TRANSLUCENT SKYLIGHT SYSTEM 1.6 WARRANTY A. Submit manufacturer's and installer's written warranty agreeing to repair or replace panel system work, which fails in materials or workmanship within one year of the date of delivery. Failure of materials or workmanship shall include leakage,excessive deflection,deterioration of finish on metal in excess of normal weathering, defects in accessories, insulated translucent sandwich panels and other components of the work. PART 2-PRODUCTS 2.1 MANUFACTURER A. The basis for this specification is for products manufactured by Kalwall Corporation. Other fiberglass sandwich panel manufacturers may bid this project provided they comply with all of the performance requirements of this specification and submit evidence thereof. Listing other manufacturers'names in this specification does not constitute approval of their products or relieve them of compliance with all the performance requirements contained herein. Approval of alternate manufacturer will be by addendum only (10)days prior to bid date. Contact: Kalwall Local Representative:Jennifer Hauck, Integrated Marketing Concepts, Inc. 909.392.5500 B. Structures Unlimited, Inc. C. Solar Components Corporation 2.2 PANEL COMPONENTS A. Face Sheets 1. Translucent faces: Manufactured from glass fiber reinforced thermoset resins, formulated specifically for architectural use. a. Thermoplastic(e.g. polycarbonate, acrylic)faces are not acceptable. b. Face sheets shall not deform, deflect or drip when subjected to fire or flame. 2. Interior face sheets: a. Flame spread: Underwriters Laboratories(UL)listed,which requires periodic unannounced retesting,with flame spread rating no greater than 20 and smoke developed no greater than 200 when tested in accordance with UL 723. b. Burn extent by ASTM D 635 shall be no greater than 1". 3. Exterior face sheets: a. Color stability: Full thickness of the exterior face sheet shall not change color more than 3 CIE Units DELTA E by ASTM D 2244 after 5 years outdoor South Florida weathering at 5°facing south, determined by the average of at least three white samples with and without a protective film or coating to ensure long-term color stability. Color stability shall be unaffected by abrasion or scratching. b. Strength: Exterior face sheet shall be uniform in strength, impenetrable by hand held pencil and repel an impact minimum of 70 ft. lbs.without fracture or tear when impacted by a 3-1/4" diameter, 5 lb.free-falling ball per UL 972. 4. Appearance: 08 45 23 Page 3 of 6 2 3/:'TRANSLUCENT SKYLIGHT SYSTEM a. Exterior face sheets: Smooth, .070 thick super-weathering and crystal in color. b. Interior face sheets: Smooth, .045 thick type 25 and white in color. c. Face sheets shall not vary more than t 10%in thickness and be uniform in color. B. Grid Core 1. Aluminum I-beam grid core shall be of 6063-T6 or 6005-T5 alloy and temper with provisions for mechanical interlocking of muntin-mullion and perimeter.Width of I-beam shall be no less than 7/16". 2. I-beam Thermal break: Minimum 1",thermoset fiberglass composite. C. Laminate Adhesive 1. Heat and pressure resin type adhesive engineered for structural sandwich panel use,with minimum 25- years field use. Adhesive shall pass testing requirements specified by the International Code Council "Acceptance Criteria for Sandwich Panel Adhesives". 2. Minimum tensile strength of 750 PSI when the panel assembly is tested by ASTM C 297 after two exposures to six cycles each of the aging conditions prescribed by ASTM D 1037. 3. Minimum shear strength of the panel adhesive by ASTM D 1002 after exposure to four separate conditions: a. 50% Relative Humidity at 68° F: 540 PSI b. 182° F: 100 PSI c. Accelerated Aging by ASTM D 1037 at room temperature: 800 PSI d. Accelerated Aging by ASTM D 1037 at 182°F:250 PSI 2.3 PANEL CONSTRUCTION A. Provide sandwich panels of flat fiberglass reinforced translucent face sheets laminated to a grid core of mechanically interlocking I-beams. The adhesive bonding line shall be straight, cover the entire width of the I-beam and have a neat, sharp edge. 1. Thickness:2-3/4" 2. Light transmission: 20% 3. Solar heat gain coefficient.26 4. Panel U-factor by NFRC certified laboratory: 2-3/4"aluminum grid .29 5. Complete insulated panel system shall have NFRC certified U-factor of.44 6. Grid pattern: Nominal size 8"x20"; pattern shoji. B. Standard panels shall deflect no more than 1.9"at 30 PSF in 10'0"span without a supporting frame by ASTM E 72. C. Standard panels shall withstand 1200° F fire for minimum one hour without collapse or exterior flaming. D. Thermally broken panels: Minimum Condensation Resistance Factor of 80 by AAMA 1503 measured on the bond line. E. Skylight System: 1. Skylight system shall pass Class A Roof Burning Brand Test By ASTM E 108. F. Skylight System shall meet the fall through requirements of OSHA 1910.23 as demonstrated by testing in accordance with ASTM E661,thereby not requiring supplemental screens or railings. 08 45 23 Page 4 of 6 2 YV TRANSLUCENT SKYLIGHT SYSTEM 2.4 BATTENS AND PERIMETER CLOSURE SYSTEM A. Closure system: 1. Extruded aluminum 6063-T6 and 6063-T5 alloy and temper clamp-tite screw type closure system. 2. Curved closure system may be roll formed. 3. Skylight perimeter closures at curbs shall be factory sealed to panels. B. Sealing tape: Manufacturer's standard, pre-applied to closure system at the factory under controlled conditions. C. Fasteners: 300 series stainless steel screws for aluminum closures,excluding final fasteners to the building. D. Finish: 1. Manufacturer's factory applied finish, which meets the performance requirements of AAMA 2604. Color to be Kalwall KCRF(selected from manufacturer's standards). PART 3-EXECUTION 3.1 EXAMINATION A. Installer shall examine substrates, supporting structure and installation conditions. B. Do not proceed with panel installation until unsatisfactory conditions have been corrected. 3.2 PREPARATION A. Metal Protection: 'I. Where aluminum will contact dissimilar metals, protect against galvanic action by painting contact surfaces with primer or by applying sealant or tape recommended by manufacturer for this purpose. 2. Where aluminum will contact concrete, masonry or pressure treated wood, protect against corrosion by painting contact surfaces with bituminous paint or method recommended by manufacturer. 3.3 INSTALLATION A. Install the skylight system in accordance with the manufacturer's suggested installation recommendations and approved shop drawings. 'I. Anchor component parts securely in place by permanent mechanical attachment system. 2. Accommodate thermal and mechanical movements. 3. Set perimeter framing in a full bed of sealant compound, or with joint fillers or gaskets to provide weather-tight construction. B. Install joint sealants at perimeter joints and within the panel system in accordance with manufacturer's installation instructions. 3.4 FIELD QUALITY CONTROL A. Water Test: Installer to test skylights according to procedures in AAMA 501.2. B. Repair or replace work that does not pass testing or that is damaged by testing and retest work. 08 45 23 Page 5 of 6 2%"TRANSLUCENT SKYLIGHT SYSTEM 3.5 CLEANING A. Clean the skylight system interior and exterior, immediately after installation. B. Refer to manufacturer's written recommendations. END OF SECTION 08 45 23 08 45 23 Page 6 of 6 2 3/4"TRANSLUCENT SKYLIGHT SYSTEM SECTION 9 BLANK SP-41 SECTION 10 10-1 MOBILIZATION 10-1.01 GENERAL -- Mobilization shall comply with the requirements of Section 9-3.4, "Mobilization", of the Standard Specifications. Mobilization may include, but not be limited to, the following principle items: 1. Submittal and modification, as required, of the Construction Schedule. 2. Review of the Site. 3. Obtaining all required Transportation Permits. 4. Submittal of all required insurance certificates and bonds as required by these Special Provisions. 5. Moving onto the site (as required), including, but not limited to: a. Equipment b. Arranging for and erection of Contractor's work and storage areas. 6. Installing construction fencing and temporary construction power and wiring. 7.. Providing a minimum of one restroom facility for each twenty-five (25) workers occupying the site. Facilities may include existing functioning restrooms, or portable chemical facilities, or any combination thereof, and shall count as one for each urinal or one for each water closet(as required). 8. Installing all temporary utilities (as required). 9. Posting all OSHA required notices and establishment of safety programs. 10. Posting of all Department of Labor notices. It. Having the Contractor's superintendent at the job site full-time and responding 24 hours per day. 12. Air and water quality protective measures, as necessary, and without limitation. SP-42 13. Demobilization of the Site. 14. Any other item as specified. 10-1.02 PAYMENT—The contract lump sum price paid for "MOBILIZATION" shall be deemed to include the cost of work in advance of construction operation and not directly attributable to any specific bid item, and no additional compensation will be allowed therefor. SP-43 SECTION 11 THROUGH SECTION 49 BLANK SP-44 SECTION 50 50-1 REMOVAL AND RESTORATION OF EXISTING IMPROVEMENTS EXCEPT STREET PAVEMENT 50-1.01 GENERAL - The Contractor shall comply with Section 7-9, "Protection and Restoration of Existing Improvements", of the Standard Specifications, latest edition, and these Special Provisions. All existing improvements (except utilities and street pavements) including, but not limited to curbs, gutters, cross gutters, spandrels, driveways and sidewalks, walls, fences, sprinkler systems, lawns, shrubs, trees, and traffic signs, traffic striping and traffic detector loops which are damaged or removed during the course of construction of the project shall be restored or replaced to a condition equal to or better than, in all respects, the existing improvements removed or damaged, unless otherwise specified or noted on the drawings. The removal and restoration of existing improvements shall be in accordance with the applicable provision of these Special Provisions, the Standard Specifications, Standard Drawing and the following requirements: 1. In the event a portion of curb, gutter or monolithic curb and gutter is damaged by the Contractor's operations, a minimum of 10 feet of curb, gutter or curb and gutter shall be removed and replaced regardless of how short a length is damaged. The Contractor shall begin said 10-foot section, if possible, at an existing joint or scoring line. If said 10-foot section ends within 3 feet of an existing joint or scoring line, then the removal shall extend to said joint or scoring line. 2. If concrete cross gutter is damaged by the Contractor's operations, the cross gutter shall be removed in its entirety and replaced. 3. Concrete sidewalk shall be removed in its entirety between scoring lines or between scoring line and joint. Prior to removal, scoring lines shall be saw-cut. 4. If a concrete driveway is damaged and is a single monolithic structure, it shall be removed in its entirety and replaced. 5. If a concrete driveway is damaged and is monolithic with the sidewalk, it shall be set off from the sidewalk by a saw cut along the edge of the sidewalk. The driveway shall then be removed in its entirety and replaced. SP-45 6. If the roadside signs are damaged during the construction, they shall be restored or replaced to a condition equal or better than the existing per the prior approval of the City's Traffic Section. New installation shall not impede into required ADA access distance around obstacles. A minimum clearance of 48" shall be maintained. 7. If existing fence is in conflict with the new construction, fence shall be relocated by the Contractor. Unless otherwise specified, all excess excavation or removed material shall become the property of the Contractor and shall be disposed of by him away from the site of work. 50-1.02 PAYMENT - Full compensation for conforming to the requirements of this section, not otherwise provided for, shall be considered as included in the prices paid for the various contract bid items of work involved, and no additional compensation will be allowed therefor. SP-46 SECTION 51 THROUGH SECTION 55 BLANK SP-47 SECTION 56 ROOFING 11-1.01 GENERAL -- Roofing shall comply with the requirements of Chapter XX, "Site Work, Roofing and Construction", of the CBC , XXXX Edition. 11-1.02 PAYMENT -- Roofing shall include all costs for removing existing fixtures, as specified on plans, including proper disposal of said materials. The contract lump sum price paid for "ROOFING" shall be deemed to include the costs for all labor, tools, equipment, materials and appurtenant required to complete the work as specified, and as required by the Engineer, and no additional time or compensation will b allowed therefor. SP-4R SECTION 57 THROUGH SECTION 62 BLANK SP-49 SECTION 63 11-1 DEMOLITION 11-1.01 GENERAL -- Demolition shall comply with the requirements of Chapter 33, "Site Work, Demolition and Construction", of the CBC , 1998 Edition. 11-1.02 PAYMENT -- Demolition shall include all costs for removing existing fixtures, as specified on plans, including proper disposal of said materials. The contract lump sum price paid for "DEMOLITION" shall be deemed to include the costs for all labor, tools, equipment, materials and appurtenant required to complete the work as specified, and as required by the Engineer, and no additional time or compensation will b allowed therefor. SP-50 PART III SPECIAL PROVISIONS The Prime Contractor of a Federal-Aid project shall physically include the required contract provisions contained in the following Federal Provisions and Conditions in all subcontracts, lower tier subcontracts and purchase orders. Federal Labor Standards Provisions U.S.Department of Housing and Urban Development Office of Labor Relations Applicability (1) The work to be performed by the classification The Project or Program to which the construction work requested is not performed by a classification In the wage covered by this contract pertains is being assisted by the determination; and United States of America and the following Federal Labor (2) The classification is utilized In the area by the Standards Provisions are included in this Contract construction industry, and pursuant to the provisions applicable to such Federal (3) The proposed wage rate, including any bona fide assistance. fringe benefits, bears a reasonable relationship to the A. 1. (1) Minimum Wages. All laborers and mechanics wage rates contained in the wage determination. employed or working upon the site of the work, will be paid (b) if the contractor and the laborers and mechanics to be unconditionally and not less often than once a week, and employed in the classification (if known), or their without subsequent deduction or rebate on any account representatives, and HUD or its designee agree on the (except such payroll deductions as are permitted by classification and wage rate (including the amount regulations issued by the Secretary of Labor under the designated for fringe benefits where appropriate), a report Copeland Act (29 CFR Part 3), the full amount of wages of the action taken shall be sent by HUD or its designee to and bona fide fringe benefits (or cash equivalents thereof) the Administrator of the Wage and Hour Division, due at time of payment computed at rates not less than Employment Standards Administration, U.S. Department of those contained in the wage determination of the Labor, Washington, D.C. 20210. The Administrator, or an Secretary of Labor which is attached hereto and made a authorized representative, will approve, modify, or part hereof, regardless of any contrabtual relationship disapprove every additional classification action within 30 which may be alleged to exist between the contractor and days of receipt and so advise HUD or its designee or will such laborers and mechanics. Contributions made or notify HUD or its designee within the 30-day period that costs reasonably anticipated for bona tide fringe benefits additional time is necessary. (Approved by the Office of under Section I(b)(2) of the Davis-Bacon Act on behalf of Management and Budget under OMB control number 1215- laborers or mechanics are considered wages paid to such 0140.) laborers or mechanics, subject to the provisions of 29 CFR (c) In the event the contractor, the laborers or mechanics 5.5(a)(1)(iv): also, regular contributions made or costs be employed in the classification or their incurred for more than a weekly period (but not less often e r than quarterly) under plans, funds, or programs, which representatives, and HUD or its designee do not agree on the proposed classification and wage rate (Including the cover the particular weekly period, are deemed to be amount designated for fringe benefits, where appropriate), constructively made or incurred during such weekly period. HUD or its designee shall refer the questions, including Such laborers and mechanics shall be paid the appropriate the views of all interested parties and the recommendation wage rate and fringe benefits on the wage determination of HUD or Its designee, to the Administrator for for the classification of work actually performed, without determination. The Administrator, or an authorized regard to skill, except as provided in 29 CFR 5.5(a)(4), representative, will issue a determination within 30 days of Laborers or mechanics performing work In more than one receipt and so advise HUD or its designee or will notify classification may be compensated at the rate specified for HUD or its designee within the 30-day period that each classification for the time actually worked therein: additional time is necessary. (Approved by the Office of Provided, That the employer's payroll records accurately Management and Budget under OMB Control Number set forth the time spent in each classification in which 1215-0140.) work is performed. The wage determination (including any (d) The wage rate (including fringe benefits where additional classification and wage rates conformed under 29 CFR 5.5{a)(1)(ii) and the Davis-Bacon poster (WH- appropriate) determined pursuant to subparagraphs 1321) shalt be posted at all times by the contractor and its (1){!i}(b) or (c) of this paragraph, shat! paid subcontractors at the site of the work in a prominent and workers performing work in the classification under r this all accessible, place where it can be easily seen by the contract from the first day on which work is performed in the classification. workers. (ii) (a) Any class of laborers or mechanics which is not (iii) Whenever the minimum wage rate prescribed in the listed in the wage determination and which is to be contract for a class of laborers or mechanics includes a employed under the contract shad be classified in fringe benefit which is not expressed as an hourly rate, the conformance with the wage determination. HUD shaft contractor shall either pay the benefit as stated in the wage determination or shalt pay another bona fide fringe approve an additional classification and wage rate and benefit or an hourly cash equivalent thereof. fringe benefits therefor only when the following criteria have been met: (Iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part form HUD-4010(0612009) Previous editions are obsolete Page 1 of 5 ref.Handbook 1344.1 of the wages of any laborer or mechanic the amount of any communicated in writing to the laborers or mechanics costs reasonably anticipated in providing bona fide fringe affected, and records which show the costs anticipated or benefits under a plan or program, Provided, That the the actual cost incurred in providing such benefits. Secretary of Labor has found, upon the written request of Contractors employing apprentices or trainees under the contractor, that the applicable standards of the Davis- approved programs shall maintain written evidence of the Bacon Act have been met. The Secretary of tabor may registration of apprenticeship programs and certification of require the contractor to set aside in a separate account trainee programs, the registration of the apprentices and assets for the meeting of obligations under the plan or trainees, and the ratios and wage rates prescribed in the program. (Approved by the Office of Management and applicable programs. (Approved by the Office of Budget under OMB Control Number 1215-0140.) Management and Budget under OMB Control Numbers 2. Withholding- HUD or Its designee shall upon its own 1215-0140 and 1215-0017.) action or upon written request of an authorized (it) (a) The contractor shall submit weekly for each week representative of the Department of Labor withhold or in which any contract work is performed a copy of all cause to be withheld from the contractor under this payrolls to HUD or its designee if the agency is a party to contract or any other Federal contract with the same prime the contract, but if the agency is not such a party, the contractor, or any other Federally-assisted contract contractor will submit the payrolls to the applicant subject to Davis-Bacon prevailing wage requirements, sponsor, or owner, as the case may be, for transmission to which is held by the same prime contractor so much of the HUD or its designee. The payrolls submitted shalt set out accrued payments or advances as may be considered accurately and completely all of the information required necessary to pay laborers and mechanics, including to be maintained under 29 CFR 5.5(a)(3)(i) except that full apprentices, trainees and helpers, employed by the social security numbers and home addresses shall not be contractor or any subcontractor the full amount of wages included on weekly transmittals. instead the payrolls shall required by the contract In the event of failure to pay any only need to include an individually identifying number for laborer or mechanic, including any apprentice, trainee or each employee (e.g., the last four digits of the employee's helper, employed or working on the site of the work, all or social security number). The required weekly payroll part of the wages required by the contract, HUD or its information may be submitted in any form desired. designee may, after written notice to the contractor, Optional Form WH-347 is available for this purpose from sponsor, applicant, or owner, take such action as may be the Wage and Hour Division Web site at necessary to cause the suspension of any further hftp:ll www.dol.gov lesalwhdlformslwh347instr.htm or its payment, advance, or guarantee of funds until such successor site. The prime contractor is responsible for violations have ceased_ HUD or its designee may, after the submission of copies of payrolls by all subcontractors. written notice to the contractor, disburse such amounts Contractors and subcontractors shall maintain the full withheld for and on account of the contractor or social security number and current address of each subcontractor to the respective employees to whom they covered worker, and shall provide them upon request to are due. The Comptroller General shall make such HUD or its designee if the agency is a party to the disbursements in the case of direct Davis-Bacon Act contract, but if the agency is not such a party, the contracts. contractor will submit the payrolls to the applicant 3. (1) Payrolls and basic records. Payrolls and basic sponsor, or owner, as the case may be, for transmission to records relating thereto shall be maintained by the HUD or its designee, the contractor, or the Wage and Hour contractor during the course of the work preserved for a Division of the Department of Labor for purposes of an period of three years thereafter for ail laborers and investigation or audit of compliance with prevailing wage mechanics working at the site of the work. Such records requirements. It is not a violation of this subparagraph for shall contain the name, address, and social security a prime contractor to require a subcontractor to provide number of each such worker, his or her correct addresses and social security numbers to the prime classification, hourly rates of wages paid (including rates contractor for its own records, without weekly submission of contributions or costs anticipated for bona fide fringe to HUD or its designee. (Approved by the Office of benefits or cash equivalents thereof of the types described Management and Budget under OMB Control Number In Section I(b)(2)(B) of the Davis-bacon Act), daily and 1215-0149.) weekly number of hours worked, deductions made and (b) Each payroll. submitted shall be accompanied by a actual wages paid. Whenever the Secretary of Labor has "Statement of Compliance," signed by the contractor or found under 29 CFR 5.5 (a)(1)(Iv) that the wages of any subcontractor or his or her agent who pays or supervises laborer or mechanic include the amount of any costs the payment of the persons employed under the contract reasonably anticipated In providing benefits under a plan and shall certify the following: or program described in Section i(b)(2)(B) of the Davis- (1) That the payroll for the payroll period contains the Bacon Act, the contractor shall maintain records which information required to be provided under 29 CFR 5.5 show that the commitment to provide such benefits is (a)(3)(ii), the appropriate information is being maintained enforceable, that the plan or program is financially under 29 CFR 5.5(a)(3)(i), and that such Information is responsible, and that the plan or program has been correct and complete; Previous editions are obsolete torn 14UD4810(06/2009) Page 2 of 5 ref.Handbook 1344.1 (2) That each laborer or mechanic (including each helper, is not registered or otherwise employed as stated above, apprentice, and trainee) employed on the contract during shall be paid not less than the applicable wage rate on the the payroll period has been paid the full weekly wages wage determination for the classification of work actually earned, without rebate, either directly or indirectly, and performed. in addition, any apprentice performing work on that no deductions have been made either directly or the job site In excess of the ratio permitted under the indirectly from the full wages earned, other than registered program shall be paid not less than the permissible deductions as set forth In 29 CFR Part 3; applicable wage rate on the wage determination for the (3) That each laborer or mechanic has been paid not less work actually performed. Where a contractor is performing than the applicable wage rates and fringe benefits or cash construction on a project in a locality other than that in equivalents for the classification of work performed, as which its program is registered, the ratios and wage rates specified in the applicable wage determination (expressed in percentages of the journeyman's hourly incorporated into the contract. rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice (c) The weekly submission of a property executed must be paid at not less than the rate specified in the certification set forth on the reverse side of Optional Form registered program for the apprentice's level of progress, WH-347 shall satisfy the requirement for submission of the expressed as a percentage of the journeymen hourly rate "Statement of Compliance" required by subparagraph specified in the applicable wage determination. A.3_(11)(b). Apprentices shall be paid fringe benefits In accordance (d) The falsification of any of the above certifications may with the provisions of the apprenticeship program. If the subject the contractor or subcontractor to civil or criminal apprenticeship program does not specify fringe benefits, prosecution under Section 1001 of Title 18 and Section apprentices must be paid the full amount of fringe benefits 231 of Title 31 of the United States Code. listed on the wage determination for the applicable (III) The contractor or subcontractor shall make the classification_ If the Administrator determines that a records required under subparagraph A.3.(1) available for different practice prevails for the applicable apprentice inspection, copying, or transcription by authorized classification, fringes shall be paid in accordance with that representatives of HUD or its designee or the Department determination. In the event the Office of Apprenticeship of Labor, and shall permit such representatives to Training. Employer and Labor Services, or a State interview employees during working hours on the job. If Apprenticeship Agency recognized by the Office, the contractor or subcontractor fails to submit the required withdraws approval of an apprenticeship program, the records or to make them available, HUD or its designee contractor will no longer be permitted to utilize may, after written notice to the contractor, sponsor, apprentices at less than the applicable predetermined rate applicant or owner, take such action as may be necessary for the work performed until an acceptable program is to cause the suspension of any further payment, advance, approved. or guarantee of funds. Furthermore, failure to submit the (it) Trainees. Except as provided in 29 CFR 5.16, required records upon request or to make such records trainees will not be permitted to work at less than the available may be grounds for debarment action pursuant to predetermined rate for the work performed unless they are 29 CFR 5.12. employed pursuant `,to and individually registered in a 4. Apprentices and Trainees. program which has received prior approval, evidenced by (1) Apprentices. Apprentices will be permitted to work at formal certification by the U.S. Department of Labor, less than the predetermined rate for the work they Employment and Training Administration. The ratio of performed when they are employed pursuant to and trainees to journeymen on the job site shall not be greater individually registered in a bona fide apprenticeship than permitted under the plan approved by the program registered with the U.S. Department of Labor, Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the Employment and Training Administration, Office of approved program for the trainee's level of progress, Apprenticeship Training, Employer and Labor Services, or expressed as a percentage of the journeyman hourly rate with a State Apprenticeship Agency recognized by the specified in the applicable wage determination. Trainees Office, or if a person is employed in his or her first 90 shall be paid fringe benefits in accordance with the days of probationary employment as an apprentice in such provisions of the trainee program. If the trainee program an apprenticeship program, who is not individually does not mention fringe benefits, trainees shall be paid registered in the program, but who has been certified by the full amount of fringe benefits listed on the wage the Office of Apprenticeship Training, Employer and Labor determination unless the Administrator of the Wage and Services or a State Apprenticeship Agency (where Hour Division determines that there is an apprenticeship appropriate) to be eligible for probationary employment as program associated with the corresponding journeyman an apprentice. The allowable ratio of apprentices to wage rate on the wage determination which provides for journeymen on the job site in any craft classification shall less than full fringe benefits for apprentices. Any not be greater than the ratio permitted to the contractor as employee listed on the payroll at a trainee rate who is not to the entire work force under the registered program. Any registered and participating in a training plan approved by worker listed on a payroll at an apprentice wage rate, who Previous editions are obsolete form HU0 4010(0612009) Page 3 of 5 ref.Handbook 1344.1 the Employment and Training Administration shall be paid awarded HUD contracts or participate In HUD programs not less than the applicable wage rate on the wage pursuant to 24 CFR Part 24. determination for the work actually performed. In addition, (il) No part of this contract shall be subcontracted to any any trainee performing work on the job site in excess of person or firm ineligible for award of a Government the ratio permitted under the registered program shall be contract by virtue of Section 3(a) of the Davis-Bacon Act paid not less than the applicable wage rate on the wage or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or determination for the work actually performed. in the participate in HUD programs pursuant to 24 CFR Part 24. event the Employment and Training Administration withdraws approval of a training program, the contractor in the U.S. Criminal Code, 18 U.S.C. 1401. Additionally, will no longer be permitted to utilize trainees at less than U.S. Criminal Code, Section 1 Of 0, Title 18, U.S.C., the applicable predetermined rate for the work performed "Federal Mousing Administration transactions", provides in until an acceptable program Is approved. part: 'Whoever, for the purpose of . . . influencing in any (iii) Equal employment opportunity. The utilization of way the action of such Administration..... makes, utters or apprentices, trainees and journeymen under 29 CFR Part 5 publishes any statement knowing the same to be false..... shall be in conformity with the equal employment shall be fined not more than $5,000 or imprisoned not opportunity requirements of Executive Order 11246, as more than two years, or both." amended, and 29 CFR Part 30. 11. Complaints, Proceedings, or Testimony by 5. Compliance with Copeland Act requirements. The Employees. No laborer or mechanic to whom the wage, contractor shall comply with the requirements of 29 CFR salary, or other labor standards provisions of this Contract Part 3 which are incorporated by reference in this contract are applicable shall be discharged or in any other manner S. Subcontracts. The contractor or subcontractor will discriminated against by the Contractor or any insert In any subcontracts the clauses contained in subcontractor because such employee has filed any subparagraphs 1 through 11 in this paragraph A and such complaint or instituted or caused to be instituted any other clauses as HUD or its designee may by appropriate proceeding or has testified or is about to testify in any instructions require, and a copy of the applicable proceeding under or relating to the labor standards prevailing wage decision, and also a clause requiring the applicable under this Contract to his employer. subcontractors to include these clauses in any lower tier S. Contract Work Hours and Safety Standards Act. The subcontracts. The prime contractor shall be responsible provisions of this paragraph B are applicable where the amount of the for the compliance by any subcontractor or lower tier prime contract exceeds $100,000. As used in this paragraph, the subcontractor with all the contract clauses in this terms"laborers'and"mechanics"include watchmen and guards. paragraph. (1) Overtime requirements. No contractor or subcontractor 7. Contract termination; debarment. A breach of the contracting for any part of the contract work which may require or contract clauses in 29 CFR 5.5 may be grounds for Involve the employment of laborers or mechanics shad require or termination of the contract and for debarment as a permit any such laborer or mechanic In any workweek in which the contractor and a subcontractor as provided in 29 CFR individual is employed on such work to work in excess of 40 hours in 5.12• such workweek unless such laborer or mechanic receives 8. Compliance with Davis-Bacon and Related Act Requirements. compensation at a rate not less than one and one-half times the basic All rulings and interpretations of the Davis-Bacon and rate of pay for all hours worked in excess of 40 hours in such Related Acts contained in 29 CFR Parts 1, 3, and 5 are workweek. herein incorporated by reference In this contract (2) Violation; liability for unpaid wages; liquidated 9. Disputes concerning labor standards. Disputes damages. In the event of any violation of the clause set arising out of the labor standards provisions of this forth in subparagraph (1) of this paragraph, the contractor contract shall not be subject to the general disputes and any subcontractor responsible therefor shall be liable clause of this contract. Such disputes shall be resolved in for the unpaid wages. In addition, such contractor and accordance with the procedures of the Department of subcontractor shall be liable to the United States (in the Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes case of work done under contract for the District of within the meaning of this clause include disputes between Columbia or a territory, to such District or to such the contractor (or any of its subcontractors) and HUD or territory), for liquidated damages. Such liquidated its designee, the U.S. Department of Labor, or the damages shall be computed with respect to each individual employees or their representatives. laborer or mechanic, including watchmen and guards, 10. (1) Certification of Eligibility. By entering into this employed in violation of the clause set forth in contract the contractor certifies that neither It (nor he or subparagraph (1) of this paragraph, in the sum of$10 for each she) nor any person or firm who has an interest In the calendar day on which such individual was required or permitted to contractor's firm is a person or firm ineligible to be work in excess of the standard workweek of 40 hours without payment awarded Government contracts by virtue of Section 3(a) of of the overtime wages required by the clause set forth in sub the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be paragraph (1) of this paragraph. Previous editions are obsolete form HU€)-4010(0612009) Page 4 of 5 ref.Handbook 1344.1 (3) Withholding for unpaid wages and liquidated damages. HUD or its designee 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 contract, 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 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 subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety. The provisions of this paragraph C are applicable where the amount of the prime contract exceeds$100,000. (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous 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 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91-54, 83 Stat 96). 40 U C 3301 et seq. (3) The contractor shall include the provisions of this paragraph in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. Previous editions are obsolete form HU0 4010(0612009) Page 5 of 5 ref.Handbook 1344.1 i SUPPLEMENTARY CONDITIONS U. °Wariment of Housing OMB Approval No.2502-0598 and Urban Development (Exp.04130/2014) OF THE CONTRACT FOR Office of Housing CONSTRUCTION Pubic Reporting Burden for this collection of information is estimated to average 0.2 hours per response,including the time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information. Response to this request for information is required in order to receive the benerrts to be derived. This agency may not collect this information,and you are not required to complete this form unless it displays a currently valid OMB control number. While no assurance of confidentiality is pledged to respondents,HUD generally discloses this data only in response to a Freedom of information Act request. Article 1: Labor Standards A. Applicability. The Project or program to which the construction work covered by this Contract pertains is being assisted or insured by the United States of America, and the following Federal Labor Standards Provisions are included in this Contract or related instrument pursuant to the provisions applicable to such Federal assistance or insurance. Any statute or regulation contained herein shall also include any subsequent amendment or successor statute or regulation. B. Minimum Wages. Pursuant to Section 212 of the National Housing Act, as amended, 12 U.S.C. 1715c, the minimum wage provisions contained in this paragraph B do not apply to those projects with Security Instruments insured under Section 221(h)(1) designed for less than 9 families and they do not apply to those projects with Security instruments insured under either Section 220 or 233 designed for less than 12 families. 1.'(i)All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the Project)shall be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act(29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1 (b)(2) of the Davis-Bacon Act(40 U.S.C. 3141(2)(B)(ii)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each Previous editions are obsolete; Construction Contract Supp HUD-92554M(Rev.04111) Replaces form HUD-92554 2 classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii))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) Any class of laborers or mechanics that is not listed in the wage determination and that is to be employed under this Contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, U.S. Department of Labor, Washington, D.C. 20210 ("Administrator"). The Administrator, or an authorized representative, shall approve, modify, or disapprove every additional classification action within thirty (30)days of receipt and so advise HUD or its designee or shall notify HUD or its designee within the thirty(30)day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) (c) In the event the Contractor, the laborers or mechanics to be employed in the classification or their representatives and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits,where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, shall issue a determination within thirty (30)days of receipt and so advise HUD or its designee or shall notify HUD or its designee within the thirty (30)day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs 8.1.@)(b)or(c) of this Article, shall be paid to all workers Previous editions are obsolete; Construction Contract Supp HUD-92554M(Rev.04/11) Replaces form HUD-92554 3 performing work in the classification under this Contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit that 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 reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 2. Withholding. HUD or its designee 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, HUD or its designee 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. HUD or its designee may, after written notice to the Contractor, disburse such amounts withheld for and on account of the Contractor or subcontractor to the respective employees to whom they are due. 3. Payrolls, records, and certifications. (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 1949, in the construction or development of the Project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1 (b)(2)(B)of the Davis-Bacon Act(40 U.S.C. 3141(2)(B)(ii))), daily and weekly number of hours worked, deductions made and actual wages paid. Previous editions are obsolete; Construction Contract Supp HUD-92554M(Rev.04111) Replaces form HUD-92554 4 Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1 (b)(2)(B)of the Davis- Bacon Act(40 U.S.C. 3141(2)(B)(ii)), the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) (ii)(a) The Contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the Contract, but if the agency is not such a party, the Contractor shall submit the payrolls to the applicant, sponsor, or Owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at hftg://www.dol.gov/whd/f`ormstwh347.o-d or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to HUD or its designee if the.agency is a party to the Contract, but if the agency is not such a party, the Contractor will submit the payrolls to the applicant sponsor, or Owner, as the case may be, for transmission to HUD or its designee, the Contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this subparagraph for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to HUD or its d esig nee.(Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) (b) Each payroll submitted shall be accompanied by a "Statement of Compliance, signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the Contract and shall certify the following: Previous editions are obsolete; Construction Contract Supp HUD-92554M(Rev.04111) Replaces form HUD-92554 5 (1) That the payroll for the payroll period contains the information required to be provided under 29 CFR 5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR 5.5(a)(3)(i), and that such information is correct and complete. (2) That each laborer or mechanic (including each helper, apprentice, and trainee)employed on the Contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the Contract. (c) The weekly submission of a properly executed certification set forth on-the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by subparagraph 13.3.@)(b)of this Article. (d) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Sections 3801 et seq of Title 31 of the United States Code. (iii) The Contractor or subcontractor shall make the records required under subparagraph B.3.(i) of this Article available for inspection, copying, or transcription by authorized representatives of HUD or its designee 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, HUD or its designee may, after written notice to the Contractor, sponsor, applicant, or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and Trainees. (i) Apprentices. Apprentices shall be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of labor, Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by such Office, or if a person is employed in his or her first ninety (90)days of probationary employment as an apprentice in such an apprenticeship program,who is not individually registered in the program, but who has been certified by the Office of Apprenticeship, or a State Apprenticeship Agency (where appropriate)to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in Previous editions are obsolete; Construction Contract Supp HUD-92554M(Rev.04/11) Replaces form HUD-92554 6 any craft classification shall not be greater than the ratio permitted to the Contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where the Contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate)specified in the Contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate speed in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship, or a State Apprenticeship Agency recognized by such Office, withdraws approval of an apprenticeship program, the Contractor shall no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees shall not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman's hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate 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 Previous editions are obsolete; Construction Contract supp HUD-92554M(Rev.04/11) Replaces form HUD-92554 7 approval of a training program, the Contractor shall 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 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act Requirements. The Contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this Contract. 6. Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraphs 1 through 10 of this paragraph B and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of the applicable prevailing wage determination, 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 Contract clauses referenced in this subparagraph. 7. Contract termination and debarment. A breach of the Contract clauses in 29 CFR 5.5 may be grounds for termination of the Contract, and for debarment as a contractor or a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this Contract. 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this Contract shall not be subject to the general disputes clause of this Contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the Contractor(or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of Eligibility. (i) By entering into this Contract, the Contractor certifies that neither it(nor he or she) nor any person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a)of the Davis-Bacon Act (40 U.S.C. 3144(b)(2))or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (ii) No part of this Contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a)of the Davis-Bacon Act (40 Previous editions are obsolete; Construction Contract Supp HUD-92554M(Rev.04/11) Replaces form HUD-92554 8 U.S.C. 3144(b)(2))or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1010, Title 18, U.S.C., "Federal Housing Administration transactions", provides in part: "Whoever, for the purpose of. . . influencing in any way the action of such Department . . . makes, passes, utters or publishes any statement, knowing the same to be false . . . shall be fined under this title or imprisoned not more than two years, or both." C. Contract Work Hours and Safety Standards Act. 1. Applicability and Definitions. This paragraph C of Article 1 is applicable only if a direct form of federal assistance is involved, such as Section 8, Section 202/811 Capital Advance, grants etc., and is applicable only where the prime contract is in an amount greater than $100,000. As used in this paragraph C, the terms"laborers" and "mechanics" include watchmen and guards. 2, Overtime requirements. No contractor or subcontractor contracting for any part of the Contract work that may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty(40) hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty (40) hours in such workweek. 3. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the immediately preceding subparagraph C.2, the Contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, the Contractor and subcontractor shall be liable to the 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 such subparagraph, 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(40) hours without payment of the overtime wages required by the clause set forth in such subparagraph. 4. Withholding for unpaid wages and liquidated damages. HUD or its designee 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 under any other Federal contract with the same prime contractor, or under 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 Previous editions are obsolete; Construction Contract Supp HUD-92554M(Rev.04111) Replaces form HUD-92554 9 subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph 3 of this paragraph C. 5. Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraphs 1 through 5 of this paragraph C 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 such subparagraphs 1 through 5. D. Certification. For projects with Security Instruments insured under the National Housing Act, as amended, that are subject to paragraph B of this Article 1, the Contractor is required to execute the Contractor's Prevailing Wage Certificate within HUD-92448 as a condition precedent to insurance by HUD of the Loan, or an advance thereof, made or to be made by the Lender in connection with the construction of the Project. Article 2: Equal Employment Opportunity A. Applicability. This Article 2 applies to any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is 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 a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee. B. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, disability, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, disability or national origin. Such action shall include, but not be limited to the following: employment, upgrading, 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 setting forth the provisions of this nondiscrimination clause. C. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor state that all qualified applicants shall receive consideration for employment without regard to race, color, religion, sex, disability, or national origin. D. The Contractor shall send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding a notice to be provided advising the said labor union or workers representatives of the Contractor's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. Previous editions are obsolete; construction Contract Supp HUD-92554M(Rev.04/11) Replaces form HUD-92554 10 E. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965 and of the rules, regulations, and relevant orders of the Secretary of Labor. F. The Contractor shall fumish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and shall permit access to its books, records, and accounts-by the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. G. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations or order of the Secretary of Labor, or as otherwise provided by law. H. The Contractor shall include the provisions of paragraphs A through H of this Article 2 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, 1965, so that such provisions shall be binding upon each subcontractor or vendor. The Contractor shalt take such action with respect to any subcontract or purchase order as HUD or the Secretary of Labor 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 vendor as a result of such direction by HUD or the Secretary of Labor, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. Article 3: Equal Opportunity for Businesses and Lower Income Persons Located Within the Project Area A. This Article 3 is applicable to projects covered by Section 3, as defined in 24 CFR Part 135, B. The work to be performed under this Contract is on a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.G. 1701 u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to lower income residents of the unit of local government or the metropolitan area (or non-metropolitan county)as determined by HUD in which the Project is located and contracts for work in connection with the Project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the same metropolitan area (or non-metropolitan county)as the Project. Article 4: Health and Safety Previous editlons are obsolete; Construction Contract Supp HUD-92554M(Rev.04/11) Replaces form HUD-92554 lI A. This Article 4 is applicable only where the prime contract is in an amount greater than $100,000. B. No laborer or mechanic shall be required to work in surroundings or under working conditions.which are unsanitary, hazardous, or dangerous to his or her health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. C. The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to 29 CFR Part 1926, and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, 40 USC 3701 Al seq. D. The Contractor shall include the provisions of this Article 4 in every subcontract so that such provisions shall be binding on each subcontractor. The Contractor shall take such action with respect to any subcontract as HUD or the Secretary of Labor shall direct as a means of enforcing such provisions. Previous editions are obsolete; Construction Contract Supp HUD-92554M(Rev.04111) Replaces form HUD-92554 FEDERAL MINIMUM WAGES FOR STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO Generals/San Bernardino Report Page 1 of 2 GENERAL PREVAILING WAGE DETERMINATION MADE BY THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7,CHAPTER 1,ARTICLE 2,SECTIONS 1770,1773 AND 1773.1 FOR COMMERCIAL BUILDING,HIGHWAY,HEAVY CONSTRUCTION AND DREDGING PROJECTS LOCALITY:SAN BERNARDINO COUNTY DETERMINATION:SBR-2016-1 I I EMPLOYER PAYMENTS (STRAIGHT-TIME( OVERTIM CRAFT (JOURNEY LEVEL) ISSUE EXPIRATION BASIC HEALTH I VACATION ) )TOTAL 1 DATE DATE HOURLY AND I PENSION I / 1 TRAINING I OTHER (HOURS 1HOURLYI DAIL RATE I WELFARE HOLIDAY 1 RATE # BRICKLAYER, STONEMASON, ! I MARBLE MASON, CEMENT I I BLICKLAYER, POINTER, I I CAULKER, CLEANER 108/22/2015104/30/2016* IA 37.1501 7.5001 5.4201 - IB 0.7601 0.3501C 8.0151.1801D 69. # BRICKLAYER: I I I I I I I I I I I MASON FINISHER 108/22/2015104/30/2016* IA 26.5501 7.5001 6.9001 - IE 0.6701 0.3501C 8.0141.9701D 55. # BRICK TENDER :F 108/22/2015106/30/2016* 1 29.5701 6.8601 6.5001G 3.9001 0.6501 0.4701C 8.0147.9501 62. # BRICK TENDER: I 1 I I I I I I I I I FORKLIFT OPERATOR 108/22/2015106/30/2016* 1 30.0201 6.8601 6.5001G 3.9001 0.6501 0.4701C 8.0148.4001 63. # CARPET, LINOLEUM, I I RESILIENT TILE LAYER 102/22/2016104/30/2016* IH 29.8501 5.0801 6.3001 2.0501 0.6301 0.2001 8.0144.1101 59. MATERIAL HANDLER J 102/22/2016104/30/2016* IH 10.0001 5.0801 2.2801 0.5501 0.6301 0.1001 8.0118.6401 23. # DRYWALL FINISHER I I I I I I I I I I I DRYWALL FINISHER 102/22/2016109/30/2016* IH 36.1801 7.9501 5.1301 3.0701 0.6701 0.4701 8.0153.4701 71. # ELECTRICIAN: I I I I I I I I I I I COMM & SYSTEM INSTALLER 102/22/2016112/25/2016**I 29.3801 8.7001L 4.1001 - I 0.6501M 0.2501 8.0143.9601N 59. INSIDE WIREMAN - ZONE A 0108/22/2015105/31/2016**IP 36.0701 9.3201L 10.8101 - I 0.6801Q 0.5001 8.0158.74018 77. CABLE SPLICER - ZONE A 0 108/22/2015105/31/2016**IP 37.5701 9.3201L 10.8101 - I 0.6801Q 0.5301 8.0160.32018 79. TUNNEL WIREMAN - ZONE A 0108/22/2015105/31/2016**IP 39.6801 9.3201L 10.8101 - I 0.6801Q 0.5501 8.0162.51018 83. # FIELD SURVEYOR: CHIEF OF PARTY (018.167-010) S 102/22/2016109/30/2016* 1 44.8101 11.2001 9.6501G 4.1501 0.9001 0.1501 8.0170.8601N 93. INSTRUMENTMAN I I I I I I I I 1 1 (018.167-034) S 102/22/2016109/30/2016* 42.3101 11.2001 9.6501G 4.1501 0.9001 0.1501 8.0168.3601N 89. CHAINMAN/RODMAN I I I I I I I I (869.567-010) S 102/22/2016109/30/2016* 41.7301 11.2001 9.6501G 4.1501 0.9001 0.1501 8.0167.7801N 88. # GLAZIER 102/22/2016105/31/2016**IT 40.7001U 7.0001 13.0301V - 1 0.7701 0.5301 8.0162.0301W 81. 4 MARBLE FINISHER 108/22/2015105/31/2016**IX 28.4501 9.1601 2.7101 - 1 0.8101 0.3301Y 8.0141.4601Z 55. # PAINTER I ! I I I I I i I INDUSTRIAL PAINTER AC 108/22/2015106/30/2016* IP 32.0201 8.0501 3.0401 1.0501 0.7901 0.8201 8.0145.7701AD 61. # PAINTER: I I I I I I I I I I I PAINTER, LEAD ABATEMENT I I I I I I I I I I I AC 108/22/2015106/30/2016* IP 30.7201 8.0501 3.0401 1.0501 0.6901 0.8201 8.0144.3701AD 59. REPAINT PAINTER, LEAD I I I I I I I I I I I ABATEMENT AC 108/22/2015106/30/2016* IP 27.2901 8.0501 3.0401 1.0501 0.6901 0.8201 8.0140.9401AE 54. INDUSTRIAL REPAINT I I I I i I I I I I I PAINTER AC 108/22/2015106/30/2016* IP 28.4501 8.0501 3.0401 1.0501 0.7901 0.8201 8.0142.2001AE 56. # PLASTERER 108/22/2015108/02/2016**I, 32.9101 8.9301 4.2101AF 5.5301 0.6301 0.9901AG 8.0153.2001AD 69. PLASTER TENDER AI 108/22/2015108/02/2016**I 32.7101 7.0001 5.9001AF 5.0501 1.0201 1.0201 8.0152.7001AJ 69. PLASTER CLEAN-UP LABORER 108/22/2015108/02/2016**1 30.1601 7.0001 5.9001AF 5.0501 1.0201 1.0201 8.0150.1501AJ 65. PLUMBER: I I I I I I I I I I PLUMBER, INDUSTRIAL AND I I I I I I I I I I I GENERAL PIPEFITTER 108/22/2015106/30/2016**IX 42.9301 7.1101AL 11.05011.4 3.0301 2.5501AN 1.0001 8.0167.67OIAO 89. SEWER AND STORM DRAIN I I I I I I I I I I I PTPELAYER !08/22/2015106/30/2016**IX 33.1101 7.1101AL 8.2001AM 1.0001 2.1701AN 1.0001 8.0152.5901 68. SEWER AND STORM DRAIN I I i I I i I I I ! I PIPE TRADESMAN AQ 108/22/2015106/30/2016**1X 17.060] 7.1101 0.3801 - i 1.6001AN 0.8501 8.0127.0001 34. SERVICE & REPAIR I I I I I I I I I I I (PLUMBER/HVAC-FITTER) 108/22/2015106/30/2016**IX 41.5101 7.1101AL 10.7401AM 3.0301 1.8801AN 1.0001 8.01665.2701 86. LANDSCAPE/IRRIGATION I I I I I I I I I FITTER 108/22/2015106/30/2016**1 X 27.6201 7.1101AL 11.0501AM 2.4901 1.9401AN 0.8001AP 8.0151.0101 66. LANDSCAPE/IRRIGATION I I I I I I i I I TRADESMAN AT 108/22/2015106/30/2016* IX 13.3901 2.000[AI. 0.8801 - 0.1001AN 0.750iAP 8.0117.1201 23. FIRE SPRINKLER FITTER I (PROTECTION AND CONTROL I ! SYSTEMS, OVERHEAD AND I 1 UNDERGROUND) AU 102/22/2016103/31/2016* 1 35.4801 8.7701AV 11.0601 - 1 0.4501 0.2501 8.0156.0101 73. FIRE SPRINKLER FITTER ! 1 (PROTECTION AND CONTROL ! I SYSTEMS, OVERHEAD AND UNDERGROUND) AW 102/22/2016108/31/2017* 1 40.0601 8.9201 14.300IAX - I 1.3501AY 0.5501 8.0165.1801 85. # ROOFER 102/22/2016107/31/2016**IBA 35.3201 7.5601BB 6.3901BC - I 0.4001BD 0.5701 8.0150.2401AO 66. PITCH WORK 102/22/2016107/31/2016**IBA 37.0701 7.5601BB 6.3901BC - I 0.4001BD 0.5701 8.0151.9901AO 68. PREPARER 102/22/2016107/31/2016**1BA 36.3201 7.5601BB 6.3901BC - I 0.4001BD 0.5701 8.0151.240IAO 67. # SHEET METAL WORKER 108/22/2015106/30/2016**IP 41.2601 9.8701BE 14.7101 - 1 0.8201 0.6501 8.0167.3101BF 87. # TERRAZZO FINISHER 108/22/2014108/31/2015* IH 27.5301 7.5101 3.2701AX - 1 0.4901 0.1201AP 8.0138.9201Z 52. # TERRAZZO WORKER 108/22/2014108/31/2015* IH 34.5701 8.3001 3.2701AX - 1 0.5701 0.1201AP 8.0146.8301Z 64. # TILE FINISHER 108/22/2015105/31/2016**IX 23.7801 8.4301 1.8001 - 1 0.7501 0.2801Y 8.0135.0401Z 46. # TILE LAYER 108/22/2015105/31/2016**iX 35.1401 9.2501 5.6801 - 1 0.9101 0.3701Y 8.0151.3501Z 66. GENERAL PREVAILING WAGE DETERMINATION MADE BY THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER 1, ARTICLE 2, SECTIONS 1770, 1773 AND 1773.1 * EFFECTIVE UNTIL SUPERSEDED BY A NEW DETERMINATION ISSUED BY THE DIRECTOR OF INDUSTRIAL RELATIONS. CONTACT THE OFFICE OF THE DIRECTOR - R AT (415) 703-4774 FOR THE NEW RATES AFTER TEN DAYS AFTER THE EXPIRATION DATE IF NO SUBSEQUENT DETERMINATION IS ISSUED. ** THE RATE TO BE PAID FOR WORK PERFORMED AFTER THIS DATE HAS BEEN DETERMINED. IF WORK WILL EXTEND PAST THIS DATE, THE NEW RATE MUST BE PA BE INCORPORATEID IN CONTRACTS ENTERED INTO NOW. CONTACT THE OFFICE OF THE DIRECTOR - RESEARCH UNIT FOR SPECIFIC RATES AT (415) 703-4774. # INDICATES AN A.PPRENTICEABLE CRAFT. THE CURRENT APPRENTICE WAGE RATES ARE AVAILABLE ON THE INTERNET @ HTTP://WWW.DIR.CA.GOV/OPRL/PWAPPWAGE/PWAPPWAGESTART.ASP. TO OBTAIN ANY APPRENTICE WAGE RATES AS OF JULY 1, 2008 AND PRIOR TO SEPTEMBER PLEASE CONTACT THE DIVISION OF APPRENTICESHIP STANDARDS OR REFER TO THE DIVISION OF APPRENTICESHIP STANDARDS' WEBSITE AT HTTP://WWW.DIR.CA.GCV/DAS/DAS.HTML. & THE BASIC HOURLY RATE AND EMPLOYER PAYMENTS ARE NOT TAKEN FROM A COLLECTIVE BARGAINING AGREEMENT FOR THIS CRAFT OR CLASSIFICATION. http://www.dir.ca.gov/oprl/pwd/Determinations/Subtrades/a sanbema.html 8/8/2016 Generals/San Bernardino Report Page 2 of 2 A INCLUDES AMOUNT WITHHELD FOR DUES CHECK OFF AND CONTRACT COMPLIANCE. B INCLUDES AN AMOUNT, $0.50, FOR THE IMI TRAINING FUND. C SATURDAYS IN THE SAME WORK WEEK MAY BE WORKED AT STRAIGHT-TIME IF JOB IS SHUT DOWN DURING THE NORMAL WORKWEEK DUE TO INCLEMENT WEATHER, BEYOND THE CONTROL OF THE EMPLOYER. D RATE APPLIES TO THE FIRST 2 DAILY OVERTIME HOURS AND THE FIRST 8 HOURS ON SATURDAY ONLY; ALL OTHER TIME IS PAID AT THE SUNDAY AND HOLIDA HOURLY RATE. E INCLUDES AN AMOUNT, $0.41, FOR THE IMI TRAINING FUND. F THE RATIO OF BRICK TENDERS TO BRICKLAYERS SHALL BE AS FOLLOWS: ONE (1) BRICK TENDER TO NO MORE THAN THREE (3) BRICKLAYERS DURING THE IN BLOCK ON A TYPICAL MASONRY PROJECT. G INCLUDES AN AMOUNT PER HOUR WORKED FOR SUPPLEMENTAL DUES. H INCLUDES AMOUNT WITHHELD FOR DUES CHECK OFF. I RATE APPLIES TO THE FIRST 12 HOURS ON SATURDAY, ALL OTHER TIME IS PAID AT DOUBLE TIME. J A MATERIAL HANDLER MAY BE UTILIZED IN RATIO OF ONE (1) MATERIAL HANDLER WITH ANY FIVE (5) JOURNEYMEN ON ANY GIVEN PROJECT. K RATE APPLIES TO FIRST 8 HOURS ONLY. DOUBLE TIME THEREAFTER. SATURDAYS IN THE SAME WORK WEEK MAY BE WORKED AT STRAIGHT-TIME IF JOB IS S DURING THE NORMAL WORK WEEK DUE TO INCLEMENT WEATHER. L IN ADDITION, AN AMOUNT EQUAL TO 3% OF THE BASIC HOURLY RATE IS ADDED TO THE TOTAL HOURLY RATE AND OVERTIME HOURLY RATES FOR THE NATIONA BENEFIT BOARD. M INCLUDES AN AMOUNT FOR THE NATIONAL LABOR-MANAGEMENT COOPERATION FUND AND THE ADMINISTRATIVE MAINTENANCE FUND. N RATE APPLIES TO THE FIRST 4 DAILY OVERTIME HOURS AND THE FIRST 12 HOURS WORKED ON SATURDAY; ALL OTHER TIME IS PAID AT THE SUNDAY AND HOL HOURLY RATE. 0 ZONE A IS DEFINED AS THE PORTION OF THE COUNTY 80 ROAD MILES FROM U.S. POST OFFICE, 455 W. ORANGE SHOW ROAD, SAN BERNARDINO. ZONE B IS WORK OUTSIDE OF ZONE A (80 MILE FREE ZONE) WHICH REQUIRES AN ADDITIONAL $12.00 PER HOUR FOR TRAVEL/SUBSISTENCE. PAY SHALL BE ON A SEPARA P INCLUDES AMOUNT WITHHELD FOR WORKING DUES. Q IN ADDITION TO THE AMOUNT SHOWN, WHICH IS FACTORED AT THE APPLICABLE OVERTIME MULTIPLIER FOR EACH OVERTIME HOUR, $0.28 IS ADDED TO THE T RATE AND OVERTIME HOURLY RATES FOR THE LABOR MANAGEMENTCOOPERATION COMMITTEE FUND. R RATE APPLIES TO THE FIRST 2 DAILY OVERTIME HOURS AND THE FIRST 8 HOURS ON SATURDAY ONLY; ALL OTHER TIME IS PAID AT THE SUNDAY AND HOLIDA HOURLY RATE. ALL OVERTIME WORKED DAILY OR ON SATURDAYS, FOR SERVICE AND REPAIR WORK OTHER THAN NEW WORK, MAY BE PAID AT THE RATE OF T ONE-HALF. S DICTIONARY OF OCCUPATIONAL TITLES, FOURTH EDITION, 1977, U.S. DEPARTMENT OF LABOR. T INCLUDES AMOUNT WITHHELD FOR DUES CHECKOFF, WHICH IS FACTORED IN THE OVERTIME RATES. INCLUDES $2.00 OF VACATION THAT IS NOT FACTORED IN RATES. U INCLUDES AN AMOUNT PER HOUR WORKED OR PAID TO DISABILITY FUND. V INCLUDED IN STRAIGHT-TIME HOURLY RATE WHICH IS NOT FACTORED IN THE OVERTIME RATES. W RATE APPLIES TO THE FIRST 4 OVERTIME HOURS MONDAY THROUGH FRIDAY AND THE FIRST 8 HOURS WORKED ON SATURDAY. ALL OTHER TIME IS PAID AT THE HOLIDAY OVERTIME RATE. X INCLUDES AMOUNT WITHHELD FOR ADMINISTRATIVE DUES. Y SATURDAYS IN THE SAME WORK WEEK MAY BE WORKED AT STRAIGHT-TIME IF JOB IS SHUT DOWN DURING THE NORMAL WORKWEEK DUE TO A WORK STOPPAGE SUC ANY OTHER STOPPAGE THAT IS BEYOND THE CONTROL OF THE CONTRACTOR. Z RATE APPLIES TO FIRST TWO DAILY OVERTIME HOURS WORKED; ALL OTHER OVERTIME IS PAID AT THE HOLIDAY OVERTIME HOURLY RATE. AA RATE APPLIES TO THE FIRST 8 HOURS WORKED ON A SIXTH OR SEVENTH CONSECUTIVE DAY DURING ANY ONE CALENDAR WEEK UP TO 50 HOURS IN ANY ONE CA ALL OTHER TIME IS PAID AT THE HOLIDAY RATE. na RATE APPLIES TO WORK ON HOLIDAYS ONLY; SUNDAYS ARE PAID AT THE SATURDAY OVERTIME HOURLY RATE. AC AN ADDITIONAL $0.25 PER HOUR WILL BE ADDED TO THE BASIC HOURLY RATE WHEN PERFORMING PAPERHANGING WORK. AD DOUBLE TIME SHALL BE PAID FOR ALL HOURS WORKED OVER 12 HOURS IN ANY ONE DAY. AE ON REPAINT WAGE WORK ANY 8 HOURS IN A 24 HOUR PERIOD MONDAY THROUGH SUNDAY SHALL BE THE WORK DAY AND ANY 40 HOURS IN A WEEK SHALL BE THE PROVIDED THAT THE 40 HOURS IS WORKED IN 5 CONSECUTIVE DAYS (LEGAL HOLIDAYS WILL NOT BE COUNTED IN THE 5 CONSECUTIVE DAYS). FOR ALL WORK CRAFT/CLASSIFICATION DOUBLE TIME SHALL BE PAID FOR ALL HOURS WORKED OVER 12 HOURS IN ANY ONE DAY. AF INCLUDES AN AMOUNT PER HOUR WORKED OR PAID FOR SUPPLEMENTAL DUES. AG SATURDAY IN THE SAME WORKWEEK MAY BE WORKED AT THE STRAIGHT-TIME HOURLY RATE IF IT IS NOT POSSIBLE TO COMPLETE FORTY HOURS OF WORK MONDA FRIDAY WHEN THE JOB IS SHUT DOWN DUE TO INCLEMENT WEATHER OR SIMILAR ACT OF GOD, OR BEYOND THE CONTRACTOR'S CONTROL. AH RATE APPLIES TO THE FIRST 8 HOURS WORKED; ALL OTHER TIME IS PAID AT THE SUNDAY AND HOLIDAY OVERTIME HOURLY RATE, Al THE RATIO OF PLASTER TENDERS TO PLASTERERS SHALL BE AS FOLLOWS: THERE SHALL BE A PLASTER TENDER ON THE JOBSITE WHENEVER THERE IS A PLAS PERFORMING WORK ON THE JOBSITE, EXCEPT ON SMALL PATCH WORK WHERE ONLY ONE PLASTERER IS PERFORMING WORK. FOR INSIDE BROWN COATINGS THERE PLASTER TENDERS FOR UP TO EVERY 3 PLASTERERS. FOR INSIDE FINISH COATINGS THERE SHALL BE 1 PLASTER TENDER FOR UP TO EVERY 3 PLASTERERS. FINISH AND BROWN COATINGS AND FOR ALL OTHER WORK, THERE SHALL BE 1 PLASTER TENDER FOR UP TO EVERY 2 PLASTERERS. Ai ALL WORK PERFORMED AFTER TWELVE (12) HOURS IN A DAY SHALL BE PAID AT THE SUNDAY/HOLIDAY RATE. AK RATE APPLIES TO THE FIRST EIGHT HOURS ON SATURDAY. ALL OTHER TIME IS PAID AT THE SUNDAY AND HOLIDAY OVERTIME RATE. SATURDAY WORK MAY BE STRAIGHT TIME RATE IF THE JOB IS SHUT DOWN DURING THE NORMAL WORK WEEK DUE TO INCLEMENT WEATHER. AL INCLUDES AMOUNT FOR NATIONAL PENSION AND RETIREE'S X-MAS FUND, AM FACTORED AT 1.5 TIMES FOR ALL OVERTIME. AN INCLUDES AN AMOUNT FOR THE P.I.P.E. LABOR MANAGEMENT COOPERATION COMMITTEE AND THE CONTRACTOR EDUCATION 6 DEVELOPMENT FUND. AO RATE APPLIES TO THE FIRST 2 DAILY OVERTIME HOURS AND THE FIRST 10 HOURS ON SATURDAY; ALL OTHER TIME IS PAID AT THE SUNDAY AND HOLIDAY OV RATE. AP SATURDAYS IN 'THE SAME WORK WEEK MAY BE WORKED AT STRAIGHT-TIME IF JOB IS SHUT DOWN DURING THE NORMAL WORKWEEK DUE TO INCLEMENT WEATHER. AQ PIPE TRADESMEN SHALL NOT BE PERMITTED ON ANY JOB WITHOUT A JOURNEYMAN. AR SATURDAY MAY BE WORKED AT STRAIGHT-TIME RATE, PROVIDED THAT THE HOURS DO NOT EXCEED 8 HOURS PER DAY OR 40 HOURS PER WEEK. AS DOUBLE TIME SHALL BE PAID FOR NEW YEAR'S DAY, EASTER SUNDAY, LABOR DAY, THANKSGIVING DAY, AND CHRISTMAS. AT TRADESMEN SHA:.L ONLY BE USED IF THE FIRST WORKER ON THE JOB IS A LANDSCAPE/IRRIGATION FITTER, SECOND WORKER MUST BE A LANDSCAPE/IRRIGATI APPRENTICE LANDSCAPE/IRRIGATION FITTER. THE 3RD AND 4TH MAY BE A TRADESMAN. THE 5TH MUST BE A LANDSCAPE/IRRIGATION FITTER AND THEREAFTER WILL BE REFERRED ON A 50-50 BASIS, TO JOURNEYMAN OR APPRENTICE. AU RATE APPLIES TO REMAINDER OF COUNTY. AV INCLUDES AN AMOUNT FOR SUPPLEMENTAL PENSION FUND. AW APPLIES TO THE CITIES OF ONTARIO AND MONTCLAIR. AN INCLUDED IN STRAIGHT-TIME HOURLY RATE. AY AMOUNT IS FOR INDUSTRY PROMOTION FUND AND P.I.P.E. FUND. AZ RATE APPLIES TO THE FIRST 10 HOURS WORKED ON SATURDAY. ALL OTHER HOURS ARE PAID AT THE SUNDAY/HOLIDAY RATE. BA INCLUDE AMOUNTS FOR DUES CHECK OFF AND VACATION/HOLIDAY, WHICH ARE NOT FACTORED INTO OVERTIME. BB INCLUDES AN AMOUNT PER HOUR WORKED FOR ANNUITY TRUST FUND. BC INCLUDED IN BASIC HOURLY RATE. VACATION IS NOT FACTORED INTO OVERTIME BD INCLUDE AMOUNTS FOR ADMINISTRATP7E FUND, COMPLIANCE FUND, INDUSTRY FUND, AND RESEARCH AND EDUCATION TRUST FUND. BE PURSUANT TO LABOR CODE SECTIONS 1773.1 AND 1773.8, THE AMOUNT PAID FOR THIS EMPLOYER PAYMENT MAY VARY RESULTING IN A LOWER TAXABLE BASIC RATE, BUT THE TOTAL HOURLY RATES FOR STRAIGHT TIME AND OVERTIME MAY NOT BE LESS THAN THE GENERAL PREVAILING RATE OF PER DIEM WAGES. BF RATE APPLIES FOR THE FIRST 4 OVERTIME HOURS MONDAY THROUGH FRIDAY AND THE FIRST 12 HOURS WORKED ON SATURDAY. ALL OTHER TIME IS PAID AT SUNDAY/HOLIDAY RATE. SATURDAYS IN THE SAME WORKWEEK MAY BE WORKED AT STRAIGHT-TIME IF JOB IS SHUT DOWN DURING THE NORMAL WORKWEEK DUE T WEATHER. RECOGNIZED HOLIDAYS: HOLIDAYS UPON WHICH THE GENERAL PREVAILING HOURLY WAGE RATE FOR HOLIDAY WORK SHALL BE PAID, SHALL BE ALL HOLIDAYS IN T COLLECTIVE BARGAINING AGREEMENT, APPLICABLE TO THE PARTICULAR CRAFT, CLASSIFICATION, OR TYPE OF WORKER EMPLOYED ON THE PROJECT, WHICH IS THE DIRECTOR OF INDUSTRIAL RELATIONS. IF THE PREVAILING RATE IS NOT BASED ON A COLLECTIVELY BARGAINED RATE, THE HOLIDAYS UPON WHICH THE RATE SHALL BE PAID SHALL BE AS PROVIDED IN SECTION 6700 OF THE GOVERNMENT CODE. YOU MAY OBTAIN THE HOLIDAY PROVISIONS FOR THE CURRENT D ON THE INTERNET AT HTTP://WWW.DIR.CA.GOV/OPRL/PWD. HOLIDAY PROVISIONS FOR THE CURRENT OR SUPERSEDED DETERMINATIONS MAY BE OBTAINED BY C OFFICE OF THE DIRECTOR - RESEARCH UNIT AT (415) 703-4774. TRAVEL AND/OR SUBSISTENCE: IN ACCORDANCE WITH LABOR CODE SECTIONS 1773.1 AND 1773.9, CONTRACTORS SHALL MAKE TRAVEL AND/OR SUBSISTENCE PAYME WORKER TO EXECUTE THE WORK. YOU MAY OBTAIN THE TRAVEL AND/OR SUBSISTENCE PROVISIONS FOR THE CURRENT DETERMINATIONS ON THE INTERNET AT HTTP://WWW.DIR..CA.GOV/OPRL/PWD. TRAVEL AND/OR SUBSISTENCE REQUIREMENTS FOR CURRENT OR SUPERSEDED DETERMINATIONS MAY BE OBTAINED BY CONT OFFICE OF THE DIRECTOR - RESEARCH UNIT AT (415) 703-4774. httn://www.dir.ca.gov/onri/nw&Determinations/Siihtrades/g sanherna_html R/R/?01 F Page 1 of 25 General Decision Number: CA160037 07/22/2016 CA37 Superseded General Decision Number: CA20150037 State: California Construction Types: Building, Heavy (Heavy and Dredging) and Highway County: San Bernardino County in California. BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work) ; HEAVY CONSTRUCTION PROJECTS (does not include water well drilling) ; HIGHWAY CONSTRUCTION PROJECTS Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.15 for calendar year 2016 applies to all contracts subject to the Davis-Bacon Act for which the solicitation was issued on or after January 1, 2015. If this contract is covered by the E0, the contractor must pay all workers in any classification listed on this wage determination at least $10. 15 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2016. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.do-L.gov/whd/govcontracts. Modification Number Publication Date 0 01/08/2016 1 01/15/2016 2 02/26/2016 3 03/04/2016 4 04/01/2016 5 05/20/2016 6 07/08/2016 7 07/22/2016 ASBE0005-002 07/01/2015 Rates Fringes Asbestos Workers/Insulator (Includes the application of all insulating materials, protective coverings, coatings, and finishes to all types of mechanical systems) . . . . .$ 36.74 19.49 Fire Stop Technician (Application of Firestopping Materials for wall openings and penetrations in walls, floors, ceilings and curtain walls) . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 25.38 16.81 ---------------------------------------------------------------- ASBE0005-004 06/29/2015 http://www.wdol.gov/wdol/scafiles/davisbacon/CA37.dvb?v=7 8/8/2016 Page 2 of 25 Rates Fringes Asbestos Removal worker/hazardous material handler (Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials from mechanical systems, whether they contain asbestos or not) . . . .$ 18.06 10.57 ---------------------------------------------------------------- BOIL0092-003 10/01/2012 Rates Fringes BOILERMAKER. . . . . . . . . . . . . . . . . . . . . .$ 41. 17 28.27 ---------------------------------------------------------------- * BRCA0004-011 05/01/2016 Rates Fringes BRICKLAYER; MARBLE SETTER. . . . . . . .$ 38.38 14 . 17 *The wage scale for prevailing wage projects performed in Blythe, China lake, Death Valley, Fort Irwin, Twenty-Nine Palms, Needles and 1-15 corridor (Barstow to the Nevada State Line) will be Three Dollars ($3.00) above the standard San Bernardino/Riverside County hourly wage rate ---------------------------------------------------------------- BRCA0018-004 06/01/2014 Rates Fringes MARBLE FINISHER. . . . . . . . . . . . . . . . . .$ 28.45 11.38 TILE FINISHER. . . . . . . . . . . . . . . . . . . .$ 23.78 9.84 TILE LAYER. . . . . . . . . . . . . . . . . . . . . . .$ 35. 14 14 .33 ---------------------------------------------------------------- BRCA0018-010 09/01/2013 Rates Fringes TERRAZZO FINISHER. . . . . . . . . . . . . . . .$ 26.59 10.34 TERRAZZO 19ORKER/SETTER. . . . . . . . . . .$ 33. 63 11.13 ---------------------------------------------------------------- CARP0409-001 07/01/2015 Rates Fringes CARPENTER (1) Carpenter, Cabinet Installer, Insulation Installer, Hardwood Floor Worker and acoustical installer. . . . . . . . . . . . . . . . . . .$ 39.83 11.58 (2) Millwright. . . . . . . . . . . . . .$ 40. 90 11.58 (3) Piledrivermen/Derrick Bargeman, Bridge or Dock httn•//www wdnl anv/wrinl/crafilac/rlavichacnn/('A 27 rlvh���=7 R/R/7(11 F. Page 3 of 25 Carpenter, Heavy Framer, Rock Bargeman or Scowman, Rockslinger, Shingler (Commercial) . . . . . . . . . . . . . . . .$ 40.53 11.58 (4) Pneumatic Nailer, Power Stapler. . . . . . . . . . . . . . .$ 37. 60 11.58 (5) Sawfiler. . . . . . . . . . . . . . .$ 37.44 11.58 (6) Scaffold Builder. . . . . . .$ 28.55 11.58 (7) Table Power Saw Operator. . . . . . . . . . . . . . . . . . . .$ 37. 45 11.58 FOOTNOTE: Work of forming in the construction of open cut sewers or storm drains, on operations in which horizontal lagging is used in conjunction with steel H-Beams driven or placed in pre- drilled holes, for that portion of a lagged trench against which concrete is poured, namely, as a substitute for back forms (which work is performed by piledrivers) : $0. 13 per hour additional. ---------------------------------------------------------------- CARP0409-002 07/01/2008 Rates Fringes Diver (1) Wet. . . . . . . . . . . . . . . . . . . . .$ 663. 68 9.82 (2) Standby. . . . . . . . . . . . . . . . .$ 331.84 9.82 (3) `render. . . . . . . . . . . . . . . . . .$ 323.84 9.82 (4) Assistant Tender. . . . . . . .$ 299.84 9.82 Amounts in "Rates' column are per day ---------------------------------------------------------------- CARP0409--005 07/01/2015 Rates Fringes Drywall DRYWALL INSTALLER/LATHER. . . .$ 40.40 15.03 STOCKER/SCRAPPER. . . . . . . . . . . .$ 10.00 7. 17 ----------------------------------------------------------------- CARP0409-008 08/01/2010 Rates Fringes Modular Furniture Installer. . . . . .$ 17.00 7. 41 ----------------------------------------------------------------- ELEC0440-004 05/26/2014 COMMUNICATIONS AND SYSTEMS WORK Rates Fringes Communications System Installer. . . . . . . . . . . . . . . . . . .$ 28.38 4%+11.45 Technician. . . . . . . . . . . . . . . . . .$ 30.18 4%+11. 45 SCOPE OF WORK: Installation, testing, service and maintenance of systems utilizing the transmission and/or transference of voice, sound, vision and digital for commercial, educational, httn://www.wdol.gov/wdol/scafiile s/davishacon/C`A37_dvh9v=7 Page 4 of 25 security and entertainment purposes for the following: TV monitoring and surveillance, background-foreground music, intercom and telephone interconnect, inventory control systems, microwave transmission, multi-media, multiplex, nurse call systems, radio page, school intercom and sound, burglar alarms, fire alarms, and low voltage master clock systems in commercial buildings. Communication Systems that transmit or receive information and/or control systems that are intrinsic to the above listed systems; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding all other data systems or multiple systems which include control function or power supply; excluding installation of raceway systems, conduit systems, line voltage work, and energy management systems. Does not cover work performed at China Lake Naval Ordnance Test Station. ---------------------------------------------------------------- ELEC0477- 002 05/30/2016 Rates Fringes Electricians: . . . . . . . . . . . . . . . . . . . .$ 36.29 23. 48 CABLE SPLICER: $1.00 per hour above Electrician rate. TUNNEL WORK: 10% above Electrician rate. ZONE PAY: Zone A -- 80 road miles from Post Office, 455 Orange Show Lane, San Bernardino, will be a free zone for all contractors Zone B -- Any work performed outside Zone A's 80 road miles, shall add $12.00 per hour to the current wage scale. ---------------------------------------------------------------- ELEC1245-001 06/01/2015 Rates Fringes LINE CONSTRUCTION (1) Lineman; Cable splicer. .$ 52.85 15.53 (2) Equipment specialist (operates crawler tractors, commercial motor vehicles, backhoes, trenchers, cranes (50 tons and below) , overhead & underground distribution line equipment) . . . . . . . . . . .$ 42.21 14.32 (3) Groundman. . . . . . . . . . . . . . .$ 32.28 14.03 (4) Powderman. . . . . . . . . . . . . . .$ 47. 19 14. 60 HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and day after Thanksgiving, Christmas Day ---------------------------------------------------------------- ELEV0018-001 01/01/2015 Rates Fringes http://www.wdol.Rov/wdol/scafiles/davisbacon/CA37.dvb?v=7 R/R/2016 Page 5 of 25 ELEVATOR MECHANIC. . . . . . . . . . . :. . . .$ 49. 90 28.38 FOOTNOTE: PAID VACATION: Employer contributes 8% of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service. PAID HOLIDAYS: New Years Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day. ---------------------------------------------------------------- ENGI0012-003 07/06/2015 Rates Fringes OPERATOR: Power Equipment (All Other Work) GROUP 1. . . . . . . . . . . . . . . . . . . .$ 39. 95 23.35 GROUP 2. . . . . . . . . . . . . . . . . . . .$ 40.73 23.35 GROUP 3. . . . . . . . . . . . . . . . . . . .$ 41.02 23.35 GROUP 4 . . . . . . . . . . . . . . . . . . . .$ 42.51 23.35 GROUP 5. . . . . . . . . . . . . . . . . . . .$ 41.86 23.35 GROUP 6. . . . . . . . . . . . . . . . . . . .$ 41.83 23.35 GROUP 8. . . . . . . . . . . . . . . . . . . .$ 42.84 23.35 GROUP 9. . . . . . . . . . . . . . . . . . . .$ 42. 19 23.35 GROUP 10. . . . . . . . . . . . . . . . . . . .$ 42. 96 23.35 GROUP 11. . . . . . . . . . . . . . . . . . . .$ 42.31 23.35 GROUT? 12. . . . . . . . . . . . . . . . . . . .$ 43.13 23.35 GROUP 13. . . . . . . . . . . . . . . . . . . .$ 43.23 23.35 GROUP 14 . . . . . . . . . . . . . . . . . . . .$ 43.26 23.35 GROUP 15. . . . . . . . . . . . . . . . . . . .$ 43.34 23.35 GROUT? 16. . . . . . . . . . . . . . . . . . . .$ 43.46 23.35 GROUP 17. . . . . . . . . . . . . . . . . . . .$ 43. 63 23.35 GROUP 18. . . . . . . . . . . . . . . . . . . .$ 43.73 23.35 GROUP 19. . . . . . . . . . . . . . . . . . . .$ 43.84 23.35 GROUP 20. . . . . . . . . . . . . . . . . . . .$ 43. 96 23.35 GROUP 21. . . . . . . . . . . . . . . . . . . .$ 44.13 23.35 GROUP 22. . . . . . . . . . . . . . . . . . . .$ 44 .23 23.35 GROUP 23. . . . . . . . . . . . . . . . . . . .$ 44 .34 23.35 GROUP 24. . . . . . . . . . . . . . . . . . . .$ 44 .46 23.35 GROUP 25. . . . . . . . . . . . . . . . . . . .$ 44 . 63 23.35 OPERATOR: Power Equipment (Cranes, Piledriving & Hoisting) GROUP 1. . . . . . . . . . . . . . . . . . . .$ 41.30 23.35 GROUP 2. . . . . . . . . . . . . . . . . . . .$ 42.08 23.35 GROUP 3. . . . . . . . . . . . . . . . . . . .$ 42.37 23.35 GROUP 4. . . . . . . . . . . . . . . . . . . .$ 42.51 23.35 GROUP 5. . . . . . . . . . . . . . . . . . . .$ 42.73 23.35 GROUP 6. . . . . . . . . . . . . . . . . . . .$ 42.84 23.35 GROUP 7. . . . . . . . . . . . . . . . . . . .$ 42. 96 23.35 GROUP 8 . . . . . . . . . . . . . . . . . . . .$ 43.13 23.35 GROUP 9. . . . . . . . . . . . . . . . . . . .$ 43.30 23.35 GROUP 10. . . . . . . . . . . . . . . . . . . .$ 44 .30 23.35 GROUP 11. . . . . . . . . . . . . . . . . . . .$ 45.30 23.35 GROUP 12. . . . . . . . . . . . . . . . . . . .$ 46.30 23.35 GROUP 13. . . . . . . . . . . . . . . . . . . .$ 47.30 23.35 OPERATOR: Power Equipment (Tunnel Work) http://www.wdol.Rov/wdol/scafiles/davisbacon/CA37.dvb?v=7 RNOO16 Page 6 of 25 GROUP 1. . . . . . . . . . . . . . . . . . . .$ 41.80 23.35 GROUP 2. . . . . . . . . . . . . . . . . . . .$ 42.58 23.35 GROUP 3. . . . . . . . . . . . . . . . . . . .$ 42.87 23.35 GROUP 4 . . . . . . . . . . . . . . . . . . . .$ 43.01 23.35 GROUP 5. . . . . . . . . . . . . . . . . . . .$ 43.23 23.35 GROUP 6. . . . . . . . . . . . . . . . . . . .$ 43.34 23.35 GROUP 7. . . . . . . . . . . . . . . . . . . .$ 43.46 23.35 PREMIUM PAY: $3.75 per hour shall be paid on all Power Equipment Operator work on the followng Military Bases: China Lake Naval Reserve, Vandenberg AFB, Point Arguello, Seely Naval Base, Fort Irwin, Nebo Annex Marine Base, Marine Corp Logistics Base Yermo, Edwards AFB, 29 Palms Marine Base and Camp Pendleton Workers required to suit up and work in a hazardous material environment: $2.00 per hour additional. Combination mixer and compressor operator on gunite work shall be classified as a concrete mobile mixer operator. SEE ZONE DEFINITIONS AFTER CLASSIFICATIONS POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch Witch, with seat or similar type equipment; Elevator operator-inside; Engineer Oiler; Forklift operator (includes loed, lull or similar types under 5 tons; Generator operator; Generator, pump or compressor plant operator; Pump operator; Signalman; Switchman GROUP 2: Asphalt-rubber plant operator (nurse tank operator) ; Concrete mixer operator-skip type; Conveyor operator; Fireman; Forklift operator (includes loed, lull or similar types over 5 tons; Hydrostatic pump operator; oiler crusher (asphalt or concrete plant) ; Petromat laydown machine; PJU side dum jack; Screening and conveyor machine operator (or similar types) ; Skiploader (wheel type up to 3/4 yd. without attachment) ; Tar pot fireman; Temporary heating plant operator; Trenching machine oiler GROUP 3: Asphalt-rubber blend operator; Bobcat or similar type (Skid steer) ; Equipment greaser (rack) ; Ford Ferguson (with dragtype attachments) ; Helicopter radioman (ground) ; Stationary pipe wrapping and cleaning machine operator GROUP 4 : Asphalt plant fireman; Backhoe operator (mini-max or similar type) ; Boring machine operator; Boxman or mixerman (asphalt or concrete) ; Chip spreading machine operator; Concrete cleaning decontamination machine operator; Concrete Pump Operator (small portable) ; Drilling machine operator, small auger types (Texoma super economatic or similar types - Hughes 100 or 200 or similar types - drilling depth of 30' maximum) ; Equipment greaser (grease truck) ; Guard rail post driver operator; Highline cableway signalman; Hydra-hammer-aero stomper; Micro Tunneling (above ground tunnel) ; Power concrete curing machine operator; Power concrete saw operator; Power-driven jumbo form setter operator; Power sweeper operator; Rock Wheel httn-//www wtinl A'17 dvh9,,-7 Q1Q11n1 K Page 7 of 25 Saw/Trencher; Roller operator (compacting) ; Screed operator (asphalt or concrete) ; Trenching machine operator (up to 6 ft. ) ; Vacuum or much truck GROUP 5: Equipment Greaser (Grease Truck/Multi Shift) . GROUP 6: Articulating material hauler; Asphalt plant engineer; Batch plant operator; Bit sharpener; Concrete joint machine operator (canal and similar type) ; Concrete planer operator; Dandy digger; Deck engine operator; Derrickman (oilfield type) ; Drilling machine operator, bucket or auger types (Calweld 100 bucket or similar types - Watson 1000 auger or similar types - Texoma 330, 500 or 600 auger or similar types - drilling depth of 45' maximum) ; Drilling machine operator; Hydrographic seeder machine operator (straw, pulp or seed) , Jackson track maintainer, or similar type; Kalamazoo Switch tamper, or similar type; Machine tool operator; Maginnis internal full slab vibrator, Mechanical berm, curb or gutter(concrete or asphalt) ; Mechanical finisher operator (concrete, Clary-Johnson-Bidwell or similar) ; Micro tunnel system (below ground) ; Pavement breaker operator (truck mounted) ; Road oil mixing machine operator; Roller operator (asphalt or finish) , rubber-tired earth moving equipment (single engine, up to and including 25 yds. struck) ; Self-propelled 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 hoist operator (1 drum) ; Ultra high pressure waterjet cutting tool system operator; Vacuum blasting machine operator GROUP 8 : Asphalt or concrete spreading operator (tamping or finishing) ; Asphalt paving machine operator (Barber Greene or similar type) ; Asphalt-rubber distribution operator; Backhoe operator (up to and including 3/4 yd. ) , small ford, Case or similar; Cast-in-place pipe laying machine operator; Combination mixer and compressor operator (gunite work) ; Compactor operator (self-propelled) ; Concrete mixer operator (paving) ; Crushing plant operator; Drill Doctor; Drilling machine operator, Bucket or auger types (Calweld 150 bucket or similar types - Watson 1500, 2000 2500 auger or similar types - Texoma 700, 800 auger or similar types - drilling depth of 60' maximum) ; Elevating grader operator; Grade checker; Gradall operator; Grouting machine operator; Heavy-duty repairman; Heavy equipment robotics operator; Kalamazoo balliste regulator or similar type; Kolman belt loader and similar type; Le Tourneau blob compactor or similar type; Loader operator (Athey, Euclid, Sierra and similar types) ; Mobark Chipper or similar; Ozzie padder or similar types; P.C. slot saw; Pneumatic concrete placing machine operator (Hackley-Presswell or similar type) ; Pumperete gun operator; Rock Drill or similar types; Rotary drill operator (excluding caisson type) ; Rubber-tired earth-moving equipment operator (single engine, caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. up to and including 50 cu. -A-1 civh?v=7 0/O/2016 Page 8 of 25 yds. struck) ; Rubber-tired earth-moving equipment operator (multiple engine up to and including 25 yds. struck) ; Rubber-tired scraper operator (self-loading paddle wheel type-John Deere, 1040 and similar single unit) ; Self- propelled curb and gutter machine operator; Shuttle buggy; Skiploader operator (crawler and wheel type over 1-1/2 yds. up to and including 6-1/2 yds. ) ; Soil remediation plant operator; Surface heaters and planer operator; Tractor compressor drill combination operator; Tractor operator (any type larger than D-5 - 100 flywheel h.p. and over, or similar-bulldozer, tamper, scraper and push tractor single engine) ; Tractor operator (boom attachments) , Traveling pipe wrapping, cleaning and bendng machine operator; Trenching machine operator (over 6 ft. depth capacity, manufacturer's rating) ; trenching Machine with Road Miner attachment (over 6 ft depth capacity) : Ultra high pressure waterjet cutting tool system mechanic; Water pull (compaction) operator GROUP 9: Heavy Duty Repairman GROUP 10: Drilling machine operator, Bucket or auger types (Calweld 200 B bucket or similar types-Watson 3000 or 5000 auger or similar types-Texoma 900 auger or similar types-drilling depth of 105' maximum) ; Dual drum mixer, dynamic compactor LDC350 (or similar types) ; Monorail locomotive operator (diesel, gas or electric) ; Motor patrol-blade operator (single engine) ; Multiple engine tractor operator (Euclid and similar type-except Quad 9 cat. ) ; Rubber-tired earth-moving equipment operator (single engine, over 50 yds. struck) ; Pneumatic pipe ramming tool and similar types; Prestressed wrapping machine operator; Rubber-tired earth-moving equipment operator (single engine, over 50 yds. struck) ; Rubber tired earth moving equipment operator (multiple engine, Euclid, caterpillar and similar over 25 yds. and up to 50 yds. struck) , Tower crane repairman; Tractor loader operator (crawler and wheel type over 6-1/2 yds. ) ; Woods mixer operator (and similar Pugmill equipment) GROUP 11: Heavy Duty Repairman - Welder Combination, Welder - Certified. GROUP 12: Auto grader operator; Automatic slip form operator; Drilling machine operator, bucket or auger types (Calweld, auger 200 CA or similar types - Watson, auger 6000 or similar types - Hughes Super Duty, auger 200 or similar types - drilling depth of 175' maximum) ; Hoe ram or similar with compressor; Mass excavator operator less tha 750 cu. yards; Mechanical finishing machine operator; Mobile form traveler operator; Motor patrol operator (multi-engine) ; Pipe mobile machine operator; Rubber-tired earth- moving equipment operator (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) ; Rubber-tired self- loading scraper operator (paddle-wheel-auger type self-loading - two (2) or more units) GROUP 13: Rubber-tired earth-moving equipment operator operating equipment with push-pull system (single engine, up to and including 25 yds. struck) Ht4r�•�%xnxnx�mxrrin] �n��/�xrdnUcrafite c/davkhacnn/CA37.dvb?v=7 8/8/2016 Page 9 of 25 GROUP 14: Canal liner operator; Canal trimmer operator; Remote- control earth-moving equipment operator (operating a second piece of equipment: $1.00 per hour additional) ; Wheel excavator operator (over 750 cu. yds. ) GROUP 15: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck) ; Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine-up to and including 25 yds. struck) GROUP 16: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, over 50 yds. struck) ; Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 17: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 50 cu. yds. struck) ; Tandem tractor operator (operating crawler type tractors in tandem - Quad 9 and similar type) GROUP 18: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, up to and including 25 yds. struck) GROUP 19: Rotex concrete belt operator (or similar types) ; Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds.and up to and including 50 cu. yds. struck) ; Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, up to and including 25 yds. struck) GROUP 20: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, over 50 yds. struck) ; Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps, and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 21: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) GROUP 22: Rubber-tired earth-moving equipment operator, httD://www.wdol.gov/wdol/scafiles/davisbacon/CA37.dvb?v=7 8/8/2016 Page 10 of 25 operating equipment with the tandem push-pull system (single engine, up to and including 25 yds. struck) GROUP 23: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck) ; Rubber-tired earth-moving equipment operator, operating with the tandem push-pull system (multiple engine, up to and including 25 yds. struck) GROUP 24: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, over 50 yds. struck) ; Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 25: Concrete pump operator-truck mounted; Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS GROUP l: Engineer oiler; Fork lift operator (includes loed, lull or similar types) GROUP 2: Truck crane oiler GROUP 3: A-frame or winch truck operator; Ross carrier operator (jobsite) GROUP 4: Bridge-type unloader and turntable operator; Helicopter hoist operator GROUP 5: Hydraulic boom truck; Stinger crane (Austin-Western or similar type) ; Tugger hoist operator (1 drum) GROUP 6: Bridge crane operator; Cretor crane operator; Hoist operator (Chicago boom and similar type) ; Lift mobile operator; Lift slab machine operator (Vagtborg and similar types) ; Material hoist and/or manlift operator; Polar gantry crane operator; Self Climbing scaffold (or similar type) ; Shovel, backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5 cu. yds. mrc) ; Tugger hoist operator GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cu. yds. mrc) ; Tower crane repair; Tugger hoist operator (3 drum) GROUP 8: Crane operator (up to and including 25 ton capacity) ; Crawler transporter operator; Derrick barge operator (up to and including 25 ton capacity) ; Hoist operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity) ; Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds. , M.R.C. ) httn-//www_wdol.gov/wdol/scafiles/davisbacon/CA37.dvb?v=7 8/8/2016 Page 11 of 25 GROUP 9: Crane operator (over 25 tons and up to and including 50 tons mrc) ; Derrick barge operator (over 25 tons up to and including 50 tons mrc) ; Highline cableway operator; Hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including 50 tons mrc) ; K-crane operator; Polar crane operator; Self erecting tower crane operator maximum lifting capacity ten tons GROUP 10: Crane operator (over 50 tons and up to and including 100 tons mrc) ; Derrick barge operator (over 50 tons up to and including 100 tons mrc) ; Hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to and including 100 tons mrc) , Mobile tower crane operator (over 50 tons, up to and including 100 tons M.R.C. ) ; Tower crane operator and tower gantry GROUP 11: Crane operator (over 100 tons and up to and including 200 tons mrc) ; Derrick barge operator (over 100 tons up to and including 200 tons mrc) ; Hoist operator, stiff legs, Guy derrick or similar type (over 100 tons up to and including 200 tons mrc) ; Mobile tower crane operator (over 100 tons up to and including 200 tons mrc) GROUP 12: Crane operator (over 200 tons up to and including 300 tons mrc) ; Derrick barge operator (over 200 tons up to and including 300 tons mrc) ; Hoist operator, stiff legs, Guy derrick or similar type (over 200 tons, up to and including 300 tons mrc) ; Mobile tower crane operator (over 200 tons, up to and including 300 tons mrc) GROUP 13: Crane operator (over 300 tons) ; Derrick barge operator (over 300 tons) ; Helicopter pilot; Hoist operator, stiff legs, Guy derrick or similar type (over 300 tons) ; Mobile tower crane operator (over 300 tons) TUNNEL CLASSIFICATIONS GROUP 1: Skiploader (wheel type up to 3/4 yd. without attachment) GROUP 2: Power-driven jumbo form setter operator GROUP 3: Dinkey locomotive or motorperson (up to and including 10 tons) GROUP 4 :: Bit sharpener; Equipment greaser (grease truck) ; Slip form pump operator (power-driven hydraulic lifting device for concrete forms) ; Tugger hoist operator (1 drum) ; Tunnel locomotive operator (over 10 and up to and including 30 tons) GROUP 5: Backhoe operator (up to and including 3/4 yd. ) ; Small Ford, Case or similar; Drill doctor; Grouting machine operator; Heading shield operator; Heavy-duty repairperson; Loader operator (Athey, Euclid, Sierra and similar types) ; Mucking machine operator (1/4 yd. , rubber-tired, rail or track type) ; Pneumatic concrete placing machine operator (Hackley-Presswell or similar type) ; Pneumatic heading shield (tunnel) ; Pumperete gun operator; Tractor compressor drill combination operator; Tugger hoist operator (2 drum) ; http://www.wdol.gov/wdol/scafiles/davisbacon/CA37.dvb?v=7 8/8/2016 Page 12 of 25 Tunnel locomotive operator (over 30 tons) GROUP 6: Heavy Duty Repairman GROUP 7: Tunnel mole boring machine operator ENGINEERS ZONES $1.00 additional per hour for all of IMPERIAL County and the portions of KERN, RIVERSIDE & SAN BERNARDINO Counties as defined below: That area within the following Boundary: Begin in San Bernardino County, approximately 3 miles NE of the intersection of I-15 and the California State line at that point which is the NW corner of Section 1, T17N,m R14E, San Bernardino Meridian. Continue W in a straight line to that point which is the SW corner of the northwest quarter of Section 6, T27S, R42E, Mt. Diablo Meridian. Continue North to the intersection with the Inyo County Boundary at that point which is the NE corner of the western half of the northern quarter of Section 6, T25S, R42E, MDM. Continue W along the Inyo and San Bernardino County boundary until the intersection with Kern County, as that point which is the SE corner of Section 34, T24S, R40E, MDM. Continue W along the Inyo and Kern County boundary until the intersection with Tulare County, at that point which is the SW corner of the SE quarter of Section 32, T24S, R37E, MDM. Continue W along the Kern and Tulare County boundary, until that point which is the NW corner of T25S, R32E, MDM. Continue S following R32E lines to the NW corner of T31S, R32E, MDM. Continue W to the NW corner of T31S, R31E, MDM. Continue S to the SW corner of T32S, R31E, MDM. Continue W to SW corner of SE quarter of Section 34, T32S, R30E, MDM. Continue S to SW corner of T11N, R17W, SBM. Continue E along south boundary of T11N, SBM to SW corner of T11N, R7W, SBM. Continue S to SW corner of T9N, R7W, SBM. Continue E along south boundary of T9N. SBM to SW corner of T9N, RlE, SBM. Continue S along west boundary of RlE, SMB to Riverside County line at the SW corner of T1S, RlE, SBM. Continue E along south boundary of Tls, SBM (Riverside County Line) to SW corner of T1S, R10E, SBM. Continue S along west boundary of R10E, SBM to Imperial County line at the SW corner of T8S, R10E, SBM. Continue W along Imperial and Riverside county line to NW corner of T9S, R9E, SBM. Continue S along the boundary between Imperial and San Diego Counties, along the west edge of R9E. SBM to the south boundary of Imperial County/California state line. Follow the California state line west to Arizona state line, then north to Nevada state line, then continuing NW back to start at the point which is the NW corner of Section 1, T17N, R14E, SBM $1.00 additional per hour for portions of SAN LUIS OBISPO, KERN, SANTA BARBARA & VENTURA as defined below: That area within the following Boundary: Begin approximately 5 miles north of the community of Cholame, on the Monterey County and San Luis Obispo County boundary at the NW corner of T25S, R16E, Mt. Diablo Meridian. Continue south along the west side of R16E to the SW corner of T30S, R16E, MDM. Continue E to SW corner of T30S, R17E, MDM. Continue S to SW corner of T31S, httn•//unxnx��x�rinl cTnv/xxT lnl/ccafilec/,iavichannn/C A17_civh?v=7 0/0/2016 Page 13 of 25 R17E, MDM. Continue E to SW corner of T31S, R18E, MDM. Continue S along West side of R18E, MDM as it crosses into San Bernardino Meridian numbering area and becomes R30W. Follow the west side of R30W, SBM to the SW corner of T9N, R30W, SBM. Continue E along the south edge of T9N, SBM to the Santa Barbara County and Ventura County boundary at that point whch is the SW corner of Section 34 .T9N, R24W, SBM, continue S along the Ventura County line to that point which is the SW corner of the SE quarter of Section 32, T7N, R24W, SBM. Continue E along the south edge of T7N, SBM to the SE corner to T7N, R21W, SBM. Continue N along East side of R21W, SBM to Ventura County and Kern County boundary at the NE corner of T8N, R21W. Continue W along the Ventura County and Kern County boundary to the SE corner of T9N, R21W. Continue North along the East edge of R21W, SBM to the NE corner of T12N, R21W, SBM. Continue West along the north edge of T12N, SBM to the SE corner of T32S, R21E, MDM. [T12N SBM is a think strip between T11N SBM and T32S MDM] . Continue North along the East side of R21E, MDM to the Kings County and Kern County border at the NE corner of T25S, R21E, MDM, continue West along the Kings County and Kern County Boundary until the intersection of San Luis Obispo County. Continue west along the Kings County and San Luis Obispo County boundary until the intersection with Monterey County. Continue West along the Monterey County and San Luis Obispo County boundary to the beginning point at the NW corner of T25S, R16E, MDM. $2.00 additional per hour for INYO and MONO Counties and the Northern portion of SAN BERNARDINO County as defined below: That area within the following Boundary: Begin at the intersection of the northern boundary of Mono County and the California state line at the point which is the center of Section 17, T10N, R22E, Mt. Diablo Meridian. Continue S then SE along the entire western boundary of Mono County, until it reaches Inyo County at the point which is the NE corner of the Western half of the NW quarter of Section 2, T8S, R29E, MDM. Continue SSE along the entire western boundary of Inyo County, until the intersection with Kern County at the point which is the SW corner of the SE 1/4 of Section 32, T24S, R37E, MDM. Continue E along the Inyo and Kern County boundary until the intersection with San Bernardino County at that point which is the SE corner of section 34, T24S, R40E, MDM. Continue E along the Inyo and San Bernardino County boundary until the point which is the NE corner of the Western half of the NW quarter of Section 6, T25S, R42E, MDM. Continue S to that point which is the SW corner of the NW quarter of Section 6, T27S, R42E, MDM. Continue E in a straight line to the California and Nevada state border at the point which is the NW corner of Section 1, T17N, R14E, San Bernardino Meridian. Then continue NW along the state line to the starting point, which is the center of Section 18, T10N, R22E, MDM. REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE ----------------------------------------------------------------- ENGI0012-004 08/01/2015 httn://www.wdol.2ov/wdol/scafiles/davisbaconJCA37.dvb?v=7 8/8/2016 Page 14 of 25 Rates Fringes OPERATOR: Power Equipment (DREDGING) (1) Leverman. . . . . . . . . . . . . . . .$ 49.50 23. 60 (2) Dredge dozer. . . . . . . . . . . .$ 43.53 23.60 (3) Deckmate. . . . . . . . . . . . .$ 43.42 23.60 (4) Winch operator (stern winch on dredge) . . . . . . . . . . . .$ 42.87 23. 60 (5) Fireman-Oiler, Deckhand, Bargeman, Leveehand. . . . . . . . . . . . . . . . . . .$ 42.33 23. 60 (6) Barge Mate. . . . . . . . . . . . . .$ 42. 94 23. 60 ---------------------------------------------------------------- IRON0377-002 07/01/2016 Rates Fringes Ironworkers: Fence Erector. . . . . . . . . . . . .$ 28.33 20. 64 Ornamental, Reinforcing and Structural. . . . . . . . . . . . . .$ 34.75 29.20 PREMIUM PAY: $6.00 additional per hour at the following locations: China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland, Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center-Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB $4 .00 additional per hour at the following locations: Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center $2.00 additional per hour at the following locations: Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock -------------------------------------------------- ------------- LAB00300-005 01/01/2016 Rates Fringes Asbestos Removal Laborer. . . . . . . . .$ 30.43 16.07 SCOPE OF WORK: Includes site mobilization, initial site cleanup, site preparation, removal of asbestos-containing material and toxic waste, encapsulation, enclosure and disposal of asbestos- containing materials and toxic waste by hand or with equipment or machinery; scaffolding, fabrication of temporary wooden barriers and assembly of decontamination stations. dvh?�.--7 8/8/2016 Page 15 of 25 ---------------------------------------------------------------- LAB00345-001 07/03/2016 Rates Fringes LABORER (GUNITE) GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 37.89 20.50 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 36. 94 20.50 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 33.40 20.50 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. GUNITE LABORER CLASSIFICATIONS GROUP 1: Rodmen, Nozzlemen GROUP 2: Gunmen GROUP 3: Reboundmen ---------------------------------------------------------------- LAB00783-002 07/04/2016 Rates Fringes LABORER (TUNNEL) GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 38.09 19.07 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 38 .41 19.07 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 38 .87 19.07 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 39.56 19.07 LABORER GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 32.34 19.07 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 32.89 19.07 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 33.44 19.07 GROUP 4 . . . . . . . . . . . . . . . . . . . . .$ 34. 99 19.07 GROUP 5. . . . . . . . . . . . . . . . . . . . .$ 35.34 19.07 LABORER CLASSIFICATIONS GROUP 1: Cleaning and handling of panel forms; Concrete screeding for rough strike-off; Concrete, water curing; Demolition laborer, the cleaning of brick if performed by a worker performing any other phase of demolition work, and the cleaning of lumber; Fire watcher, limber, brush loader, piler and debris handler; Flag person; Gas, oil and/or water pipeline laborer; Laborer, asphalt-rubber material loader; Laborer, general or construction; Laborer, general httn://www.wdol.izov/wdol/scafiles/davisbacon/CA37.dvb?v=7 8/8/2016 Page 16 of 25 clean-up; Laborer, landscaping; Laborer, jetting; Laborer, temporary water and air lines; Material hose operator (walls, slabs, floors and decks) ; Plugging, filling of shee bolt holes; Dry packing of concrete; Railroad maintenance, repair track person and road beds; Streetcar and railroad construction track laborers; Rigging and signaling; Scaler; Slip form raiser; Tar and mortar; Tool crib or tool house laborer; Traffic control by any method; Window cleaner; Wire mesh pulling - all concrete pouring operations GROUP 2: Asphalt shoveler; Cement dumper (on 1 yd. or larger mixer and handling bulk cement) ; Cesspool digger and installer; Chucktender; Chute handler, pouring concrete, the handling of the chute from readymix trucks, such as walls, slabs, decks, floors, foundation, footings, curbs, gutters and sidewalks; Concrete curer, impervious membrane and form oiler; Cutting torch operator (demolition) ; Fine grader, highways and street paving, airport, runways and similar type heavy construction; Gas, oil and/or water pipeline wrapper - pot tender and form person; Guinea chaser; Headerboard person - asphalt; Laborer, packing rod steel and pans; Membrane vapor barrier installer; Power broom sweeper (small) ; Riprap stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Sandblaster (pot tender) ; Septic tank digger and installer(lead) ; Tank scaler and cleaner; Tree climber, faller, chain saw operator_, Pittsburgh chipper and similar type brush shredder; Underground laborer, including caisson bellower GROUP 3: Buggymobile person; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or longer; Dri-pak-it machine; Gas, oil and/or water pipeline wrapper, 6-in. pipe and over, by any method, inside and out; High scaler (including drilling of same) ; Hydro seeder and similar type; Impact wrench multi-plate; Kettle person, pot person and workers applying asphalt, lay-kold, creosote, lime caustic and similar type materials ("apply=ing" means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing) ; Operator of pneumatic, gas, electric tools, vibrating machine, pavement breaker, air blasting, come-alongs, and similar mechanical tools not separately classified herein; Pipelayer's backup person, coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; Rock sl:inger; Rotary scarifier or multiple head concrete chipping scarifier; Steel headerboard and guideline setter; Tamper, Barko, Wacker and similar type; Trenching machine, hand-propelled 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 �.44r�•�%ininx�xxAnl rtnv/u.,rinl/cr-afilPC/rlavichac-.nn/CA37_dvb?v=7 0{8/2016 Page 17 of 25 pipe from the point of receiving pipe in the ditch until completion of operation, including any and all forms of tubular material, whether pipe, metallic or non-metallic, conduit and any other stationary type of tubular device used for the conveying of any substance or element, whether water, sewage, solid gas, air, or other product whatsoever and without regard to the nature of material from which the tubular material is fabricated; No-joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster (nozzle person) , water blasting, Porta Shot-Blast GROUP 5: Blaster powder, all work of loading holes, placing and blasting of all powder and explosives of whatever type, regardless of method used for such loading and placing; Driller: All power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all other types of mechanical drills without regard to the form of motive power; Toxic waste removal TUNNEL LABORER CLASSIFICATIONS GROUP l: Batch plant laborer; Changehouse person; Dump person; Dump person (outside) ; Swamper (brake person and switch person on tunnel work) ; Tunnel materials handling person; Nipper; Pot tender, using mastic or other materials (for example, but not by way of limitation, shotcrete, etc. ) GROUP 2: Chucktender, cabletender; Loading and unloading agitator cars; Vibrator person, jack hammer, pneumatic tools (except driller) ; Bull gang mucker, track person; Concrete crew, including rodder and spreader 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 ---------------------------------------------------------------- LAB00783-005 07/01/2014 Rates Fringes Brick Tender. . . . . . . . . . . . . . . . . . . . .$ 29.12 15.78 ---------------------------------------------------------------- LABO1184-001 07/04/2016 Rates Fringes Laborers: (HORIZONTAL DIRECTIONAL DRILLING) (1) Drilling Crew Laborer. . .$ 33. 65 13. 95 (2) Vehicle Operator/Hauler.$ 33.82 13. 95 (3) Horizontal Directional httn•/fwww wclnl_anv/wdol/scafiles/davisbacon/CA37.dvb?v=7 8/8/2016 Page 18 of 25 Drill Operator. . . . . . . . . . . . . .$ 35. 67 13.95 (4) Electronic Tracking Locator. . . . . . . . . . . . . .. . . . . . .$ 37. 67 13. 95 Laborers: (STRIPING/SLURRY SEAL) GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 34.86 17.03 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 36.16 17.03 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 38.17 17.03 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 39.91 17.03 LABORERS - STRIPING CLASSIFICATIONS GROUP l: Protective coating, pavement sealing, including repair and filling of cracks by any method on any surface in parking lots, game courts and playgrounds; carstops; operation of all related machinery and equipment; equipment repair technician GROUP 2: Traffic surface abrasive blaster; pot tender - removal of all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc. ) and preparation of surface for coatings. Traffic control person: controlling and directing traffic through both conventional and moving lane closures; operation of all related machinery and equipment GROUP 3: Traffic delineating device applicator: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating devices including traffic control. This category includes all traffic related surface preparation (sandblasting, waterblasting, grinding) as part of the application process. Traffic protective delineating system installer: removes, relocates, installs, permanently affixed roadside and parking delineation barricades, fencing, cable anchor, guard rail, reference signs, monument markers; operation of all related machinery and equipment; power broom sweeper GROUP 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 ---------------------------------------------------------------- LABO1414-003 08/05/2015 Rates Fringes LABORER PLASTER CLEAN-UP LABORER. . . .$ 30.16 17.11 PLASTER TENDER. . . . . . . . . . . . . .$ 32.71 17. 11 Work on a swing stage scaffold: $1.00 per hour additional. Work at Military Bases - $3.00 additional per hour: Coronado Naval Amphibious Base, Fort Irwin, Marine Corps Air Station-29 Palms, Imperial Beach Naval Air Station, Marine Corps Logistics Supply Base, Marine Corps Pickle Meadows, Mountain Warfare Training Center, Naval Air h44r�•/l�:ninv curl nl rrnv/txrrir�Ucr•afilac/rlavichar•nn/f A�7 rlvh`)v=7 R/R/7016 Page 19 of 25 Facility-Seeley, North Island Naval Air Station, Vandenberg AFB. ---------------------------------------------------------------- PAIN0036-001 07/01/2015 Rates Fringes Painters: (Including Lead Abatement) (1) Repaint (excludes San Diego County) . . . . . . . . . . . . . . .$ 27.29 12.83 (2) All Other Work. . . . . . . . . .$ 30.72 12.83 REPAINT of any previously painted structure. Exceptions: work involving the aerospace industry, breweries, commercial recreational facilities, hotels which operate commercial establishments as part of hotel service, and sports facilities. ---------------------------------------------------------------- PAIN0036-008 10/01/2015 Rates Fringes DRYWALL FINISHER/TAPER. . . . . . . . . . .$ 36.18 16.82 ---------------------------------------------------------------- PAIN0036-015 06/01/2016 Rates Fringes GLAZIER. . . . . . . . . . . . . . . . . . . . . . . . . .$ 41.70 21.13 FOOTNOTE: Additional $1.25 per hour for work in a condor, from the third (3rd) floor and up Additional $1.25 per hour for work on the outside of the building from a swing stage or any suspended contrivance, from the ground up ---------------------------------------------------------------- PAIN1247-002 01/01/2016 Rates Fringes SOFT FLOOR LAYER. . . . . . . . . . . . . . . . .$ 29.85 14 .01 ---------------------------------------------------------------- PLAS0200-008 08/05/2015 Rates Fringes PLASTERER. . . . . . . . . . . . . . . . . . . . . . . .$ 38.44 13.77 FORT IRWIN; MARINE CORPS AIR STATION 29 PALMS, AND MARINE CORPS LOGISTICS SUPPLY BASE: $3.00 additional per hour. ---------------------------------------------------------------- PLAS0500-002 07/01/2016 Rates Fringes CEMENT MASON/CONCRETE FINISHER. . .$ 33.30 23.33 1-"-.ii..,.—,..,a,.t --/,,,a-1 A'17 Page 20 of 25 ---------------------------------------------------------------- PLUM0016-002 07/01/2015 Rates Fringes PLUMBER, PIPEFITTER, STEAMFITTER Plumber and Pipefitter All other work except work on new additions and remodeling of bars, restaurant, stores and commercial buildings not to exceed 5,000 sq. ft. of floor space and work on strip malls, light commercial, tenant improvement and remodel work. . . . . . . . . . . . . . . . . . . . . . .$ 45. 96 20.71 Work at Edwards AFB. . . . . . . .$ 52. 96 20.71 Work at Fort Irwin Army Base, Marine Corps Logistic Base at Nebo, Marine Corps Logistic Base at Yermo and Twenty-Nine Palms Marine Base. . . . . . . . . . .$ 56.46 20.71 Work ONLY on new additions and remodeling of bars, restaurants, stores and commercial buildings, not to exceed 5, 000 sq. ft. of floor space. . . . . . . . . . . . . . . . .$ 44 .54 19.73 Work ONLY on strip malls, light commercial, tenant improvement and remodel work. . . . . . . . . . . . . . . . . . . . . . . .$ 35. 16 18 .06 ---------------------------------------------------------------- PLUM0345-001 07/01/2014 Rates Fringes PLUMBER Landscape/Irrigation Fitter.$ 29.27 19.75 Sewer & Storm Drain Work. . . .$ 33.24 17.13 ---------------------------------------------------------------- ROOF0036-002 08/01/2014 Rates Fringes ROOFER. . . . . . . . . . . . . . . . . . . . . . . . . . .$ 35.02 13.57 FOOTNOTE: Pitch premium: Work on which employees are exposed to pitch fumes or required to handle pitch, pitch base or pitch impregnated products, or any material containing coal tar pitch, the entire roofing crew shall receive $1.75 per hour "pitch premium" pay. ---------------------------------------------------------------- SFCA0669-009 01/01/2016 httn•//www wdnl_anv/wdol/s cafiles/davisbacon/CA37.dvb?v=7 8/8/2016 Page 21 of 25 Does not include the northern part of the City of Chino, or the Cities of Montclair and Ontario Rates Fringes SPRINKLER FITTER. . . . . . . . . . . . . . . . .$ 35. 57 20.27 ---------------------------------------------------------------- SFCA0709-004 07/01/2015 THE NORTHERN PART OF THE CITY OF CHINO, AND THE CITIES OF MONTCLAIR AND ONTARIO: Rates Fringes SPRINKLER FITTER (Fire) . . . . . . . . . .$ 42. 93 24 .04 ---------------------------------------------------------------- SHEE0105-003 07/01/2016 LOS ANGELES (South of a straight line drawn between Gorman and Big Pines) and Catalina Island, INYO, KERN (Northeast part, East of Hwy 395) , MONO ORANGE, RIVERSIDE, AND SAN BERNARDINO COUNTIES Rates Fringes SHEET METAL WORKER (1) Commercial - New Construction and Remodel work. . . . . . . . . . . . . . . . . . . . . . . .$ 41.86 26.88 (2) Industrial work including air pollution control systems, noise abatement, hand rails, guard rails, excluding aritechtural sheet metal work, excluding A-C, heating, ventilating systems for human comfort. . .$ 41.86 26.88 ---------------------------------------------------------------- TEAM0011-002 07/01/2015 Rates Fringes TRUCK DRIVER GROUP 1. . . . . . . . . . . . . . . . . . . .$ 28.24 25.24 GROUP 2. . . . . . . . . . . . . . . . . . . .$ 28.39 25.24 GROUP 3. . . . . . . . . . . . . . . . . . . .$ 28.52 25.24 GROUP 4. . . . . . . . . . . . . . . . . . . .$ 28.71 25.24 GROUP 5. . . . . . . . . . . . . . . . . . . .$ 28.74 25.24 GROUP 6. . . . . . . . . . . . . . . . . . . .$ 28.77 25.24 GROUP 7. . . . . . . . . . . . . . . . . . . .$ 29.02 25.24 GROUP 8. . . . . . . . . . . . . . . . . . . .$ 29.27 25.24 GROUP 9. . . . . . . . . . . . . . . . . . . .$ 29.47 25.24 GROUP 10. . . . . . . . . . . . . . . . . . . .$ 29.77 25.24 GROUP 11. . . . . . . . . . . . . . . . . . . .$ 30.27 25.24 GROUP 12. . . . . . . . . . . . . . . . . . . .$ 30.70 25.24 WORK ON AI:,L MILITARY BASES: htt„•//xxnxnx7 urr1n] dvh9v=7 R/90.0 16 Page 22 of 25 PREMIUM PAY: $3.00 per hour additional. [29 palms Marine Base, Camp Roberts, China Lake, Edwards AFB, E1 Centro Naval Facility, Fort Irwin, Marine Corps Logistics Base at Nebo & Yermo, Mountain Warfare Training Center, Bridgeport, Point Arguello, Point Conception, Vandenberg AFB] TRUCK DRIVERS CLASSIFICATIONS GROUP l: Truck driver GROUP 2: Driver of vehicle or combination of vehicles - 2 axles; Traffic control pilot car excluding moving heavy equipment permit load; Truck mounted broom GROUP 3: Driver of vehicle or combination of vehicles - 3 axles; Boot person; Cement mason distribution truck; Fuel truck driver; Water truck - 2 axle; Dump truck, less than 16 yds. water level; Erosion control driver GROUP 4: Driver of transit mix truck, under 3 yds. ; Dumperete truck, less than 6-1/2 yds. water level GROUP 5: Water truck, 3 or more axles; Truck greaser and tire person ($0.50 additional for tire person) ; Pipeline and utility working truck driver, including winch truck and plastic fusion, limited to pipeline and utility work; Slurry truck driver GROUP 6: Transit mix truck, 3 yds. or more; Dumperete truck, 6-1/2 yds. water level and over; Vehicle or combination of vehicles - 4 or more axles; Oil spreader truck; Dump truck, 16 yds. to 25 yds. water level GROUP 7: A Frame, Swedish crane or similar; Forklift driver; Ross carrier driver GROUP 8: Dump truck, 25 yds. to 49 yds. water level; Truck repair person; Water pull - single engine; Welder GROUP 9: Truck repair person/welder; Low bed driver, 9 axles or over GROUP 10: Dump truck - 50 yds. or more water level; Water pull - single engine with attachment GROUP 11: Water pull - twin engine; Water pull - twin engine with attachments; Winch truck driver - $1.25 additional when operating winch or similar special attachments GROUP 12: Boom Truck 17K and above ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. httn•//www wdnl anv/wdnl/ccnfilec/rinvichacnn/C A37_dvh?v=7 8/8/2016 Page 23 of 25 Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii) ) . ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type (s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local) , a survey rate (weighted average rate) or a union average rate (weighted union average rate) . Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014 . PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e. , Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014 . Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014 . SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. httn://www.wdol.gov/wdol/scafiles/davisbacon/CA37.dvb?v=7 8/8/2016 Page 24 of 25 Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1. ) Has there been an initial decision in the matter? This can be. • an existing published wage determination • a survey underlying a wage determination • a Wage and Hour Division letter setting forth a position on a wage determination matter • a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2. ) and 3. ) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2. ) If the answer to the question in 1. ) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 httn://www.wdol.gov/wdol/scafiles/davisbacon/C-A37.dvb?v=7 MOO 16 Page 25 of 25 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, DC 20210 4 . ) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION httn-//vAvw.wdol.gov/wdol/scafiles/davisbacon/CA37.dvb?v=7 8/8/2016 APPENDIX ROOF PLANS r 3 ti y a- p r r _ z AL AT- 6-04 a 3 T -Vol 3,O� 4 151 �G� TT c i I i ti1 i yia' I t It {r yl ig I i Lam, :irri .a4'.1"n�. -� -. Ho s i �'� s .�'. 4r�✓ fi �I , �I - -- --- - `I-------II'-------- -�-sr-- — u as___ z s _ v..p.. i it -- II _ 1 L 3 E w ra ]Te r u r td n fJ '� n sd r> G n y F I� ae;7x *----- --- --- ------ ------ RYA�a�sl�./� ---- --- 2 fJ-fir Q 0 Cd 0< F LLI D 0 z z LLI z Lij < >W z _j 0 1,: 0� 3: < CL 0 (L U) U) ui U) 0 Z < U) <F- ui 0 < LU _j v-: LLJ m (9 a- ca Z 0 D 0)LLI 0 L1_ 2 U. 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O w Of a a D N H 2 ttl U H r itl d � 0 M 0 0 ' � z Z Q W z o ° U m z W � 0 0 CO o a J a W p !L w W o a LL- LO o ZQ Q Z a s _z 0 LL O cr- w D STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS & FEDERAL CODE OF REGULATIONS APPRENTICESHIP PROGRAM FOR PUBLIC WORKS CONSTRUCTION BPS FROM THE CALIFORNIA LABOR CODE RELATING TO APPRENTICES ON PUBLIC WORKS Chapter 1 of Divitdon 2 APPRENTICES ON PUBLIC WORKS 177" An awarding agency whose public works contract falls within.the jurisdiction of Section 1777.5 shall,within five days of the award, send a copy of the award to the Division of Apprenticeship Standards. When specifically requested by a Wed d jet apprenticeship conunittec.the division shall noti*the local joint apprenticeship canmittee regarding all sach awards applicable to the joint epprentieesbW conornittee making the request.Withiat five days of a finding of any discrepancy reanding the ratio of apprentices to journeymen.pursuant to the certificated fixed number of apprentices to journeymen.the awarding Agency Shan notify the Division of Appveuticeship Standards. 1976. (a) Each contractor and Subcontractor shall ixeep accurate payrofi Via+ er 8 the name, address. social security'number,wok classificudon.straight loran.and overtime lours worked each day and week or her the actual per diem wages paid to each journeyman.apprentice,worker, or other empiayce employed by him with the pabhhe work. Barb payraU record shall contain or be verifted by a written declaration that it is made under Penalty of perjury.stating both of the fofiowinr(1)The inksmsation contained in.the payroll retard is true end correct. (2)The employer beet with the requkernents of Sections 1771,1811,and 1815 for any work performed by his or her etapiteft on the public works ptojecL (b) The pWohl records enumerated under Subdivision (a) shag be cartified and shag be available for inspection at an reasonable lours at the principal ofae of the contractor on the f Blowing basis:(1)A certified cony of an employee's payroll record shall be made wnAa rte for inspection or burnished to the smiftee or his or her authorized representative on request (2)A certified copy of all payroll records emtmeratsd in subdivision(a)shall be made available for inspection or turnished upon request to a representative of the body awl the contract. the Divicimh of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department or Industrial Rdations.PJ A ceruned COW of an payroll records enumerated in subdivision N shall be trade available upon request by the public for inspection or for copies tbereoL However.a request by the public shat be made through either the body swardhtg the contrac4 the Division of Apprenticeship 8 an ss.orb M. requesting ply Enforcement.if the requested payroll records have not been provided pu sirA prior to being provided the records,reimburse the coats of preparation by the cantraeWr.subcontractom and the entity through►which the request was made-The public shall not be given access to the records at lire Pruw'pal office of the contractor. (c)The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shah contain the sane arfoamation as the forms provided by the division. (d)A contractor or subcontractor shall file a certified copy of the records enumerated in subdivision(a( with the entity that requested the records within 10 days after receipt of a written request (e)Any copy of records made available for inspection as copies and famished upon request to the public or any public agency by the awarding body.the Division orApprenticeslup Standards.or the Division of labor Standards Enforcement shall be marked or obliterated to prevent disclosure of an individusrs►mane.addresh and security number.The name and address of the contractor awarded the contract or the subcontractor perroaning the contract shall not be marked or obliterated.Any copy of records made available for inspection by,or Aunished to,a joint labor- manarownt committee established pursuant tv the rederal labor Managennent Cooperation Act of 1978(Section 175a of Title 29 of the United States code) shall be marked or obliterated only to prevent disclosure of an asdividuars name and social security number. A joint labor management comrnittre may maintain an action in a court of canpotent jurisdiction against an employer who fails to comply.with Section 1774. The court may award restitution to an employee for unpaid wages and ntay award the joint labor management committee reasonable attorney's fee and costs incurred in maintaining the action. An action under this subdivision may not be based on the employer's misclassification of the craft of a worker on its cert3Sed payroll records.hloodng in this subdivision)imha any other available remedies for a violation of this chapter. (1)The contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision(a),including the street address,city and county,and shWL within five working do".provide a notice of a change of location and address. (g)The contractor or subcontractor shall bans 10 days in which to comply Subsequent to receipt of a written notice requesting the records enumerated in subdivision(a).In the event that the contraetor or subcontractor fats to comply within the 10-day period.he or she anal,as a penalty to the state or political subdivision on whose behalf the contract is made or awarded,&rWt.twenty-live dollars(11125)for each ealeadar daf►,or porbus there4 for each wntrlxer. until strict compliance is eifectuatcd. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement;these penalties shall be withbeid from proglew palsmcnts then due.A contractor le not subject to a penalty assessment pursuant to this section due to the faiiur+e of a subcontractor to comply with this section. (h)The body awarding the contract shall cause to be urserted in the contract stipulations to effectuate this section. (i) The director shall adopt rules consistent with the California Public Records Act,(Chapter 3.5(commencing with Section 6250),Division 7,Tide 1,Government Cade)and the Information practices Act of 1977,(Title 1.5(commencing with Section 1795),Part 4.Division 3,Civil Cocfe!Vverning the release of these records,including the eatabliahment of reasonable lees to be charged for reproducing copies of records required by this section ($This section shall remain in efficet only until January 1,2003,and as of that date is repealed.unless a later enacted statute,that is enacted before January 1,20tk1,deletes or extends that date. 1776.(a)Each contractor and subcontractor shall keep an accurate payroll Moord,showing the name,address,social security number,work classiticatiM and straight time and overtime hours worked each de41►and .and the actual per diem wages paid to each journeyman,apprentice.worker•or other employee employed by hips or her in connection with the public work. ib d and shall be available for (b) The payroll records enumerated under subdivision (a) s inspection at all reasonable hours at the principal WM=of the contractor on the following basis:(1)A certified Copy of an employee's payroll record shall be made available for imspeolion or furnished to the taaptoyea or big or her authoriwd representative on request.p2}A Certified copal of an payroll records enumerate of subdivision(41 shalt be made available for intipeccion or furnished upon request to a mpimsentative of the body awarding the contract, the Division of Labor Standards EnfCIF"meent, and the Division of Apprenticeship Standards of the Department of Industrial Relations. (3)A ceitirmil copy of all payroll records enumerated m subdivision(a) shall be made available upon request by the public for inspection or for copies thereof:However.a request by the public shall be made through either the body awarding the contract, the Division of Apprenticeship Standards,or the Division of Labor Standards Enforcement H the requested payroll records have not been provided pursuant to paragraph M, the requesting party shalt, prior to being provided the records, reimburse the costs of preparation by the contractor.subcontractors. and the entity through which the request was made.The public shall not be given access to the records at the principal office of the contractor. the Division of Ibor Standards Enforcement or (c)The certified payroll records shall be on forma provide d by shalt contain the carne information as the forms provided by the division. (d)Each coubvictar shalt No a certified copy of the records enumerated in subdivision(a)with the entity that requested the records within 10 days after receipt of s,written request (e)Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body.the Division of Apprenticeship Standards•or the Division of tabor Standards Enforcement shalt be marked or obliterated to prevent disclosure of an individttaPs mane.address.and social security number.The name and address of the contractor awarded the contract or performing the contract shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a joint t committee established pursuant to the federal Labor management Cooperation Act of 1978(Section 175a of Title 29 of the United States Code) shall be marked or obliterated only to prevent disclosure of an individuar s social security number. ($The contractor shall inform the horny awarding the contract of the Location of the records enumerated under subdivision(a),including the street address,city and county,and shall,within five working days,provide a notice of a change of location and address W The contractor shalt have 10 days in which to comply subsequent to receipt Of written notice specifying in what respects the contractor must comply with this section.In the event that the Contractor finis to comply within the I -day period,he or she shall,as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty-rive dollars ($25) for each calendar day; or Portion therea& foar each worker, until strict compliance is effectuated Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement.these penalties shall be withheld kom Progress payavents Than due. (h)The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section.These stipulations shall fix the responsibility for compliance with this section on the prime contractor. (i) The director shall adopt rules consistent with the California Public Records Act,(Chapter 3.5(commencing with Section 6250),Division 7.Title 1,Government Code)and the Information Practices Act of 1977,(Title 1.8(commencing with Section l 798).Past 4.Division 3.Civil Code)governing the release of these records,frrctuding the establishment of reasonable fees to be charged for reproducing copies of records required by this section. (lj This section shall become operative January 1,2003- 1777.5.(a)Nothing in this chapter shalt prevent the employment 9f property registered apprentices upon public works. (b) gvery apprentice employed upon public works shall be paid the prevailing rate of per dean wages for apprentices in the trade to which he or site is registered and shall be employed only at the work of the craft or trade to which he or she is registered. (c) Only appreat ices,as defined in Section 3077, who ace in bidaing under apprenticeship standards that have been approved by the Chief of the Division of ApprenticcoW Standards and who am parties to written apprentice agreements under Chapter 4 (comimena+ng with Section 3070) of Division 3 are eligible to be employed at the apprentice wage rate on public works. The employment and training of each apprentice shall be in accordance with either(1) the apprentice"standards and apprentice agreements under which he or she is training or(2)the rules and regula0him of the California Apprenticeship Council. (d) When the contractor to whom the cmlract is awarded by the state or any political subdivision, in ern workers in any apprenticeable craft or trade,the contractor performing any of the cocain ttn�t'the Cauntrvaet. ploys shall employ apprentices in at least the ratio set forth in this section and may apply to any apprentinesbW program in 2 the craft or trade#hat can provide apprentices to the site of the publig work for a certificate approving the contractor under the apprenticeship standards Sir the employment and training of apprentices in else area or industry affected. However,the decision of the apprenticeship program to approve or deny a ate shall he subject to review by the Administrator of Apprenticeship. The apprenticeship program or. programs, upon aping the contractor shalt arrange for the dispatch of apprentices to the contractor: A contractor covered by an apprenticeship PmgFam's standards shall not be required is submit any additional application in order to include additional public works contracts under that program. "Apprenticeable craft or trade,' as used in this section, means ra or bade determined an as apprenticeable occupation accordance with rules and regulation prescribed by Apprenticeship Council. As used its this section. *contreat°°r includes any subcontractor under a contractor who pelf any public works not excluded by subdMI6011 W.public works. every contractor shall submit contract award (e)Prior to commencing work on a Contract for s of the public work.The inform,adon to an applECabla apprenticeship program that can supply apprentices to lire she infosnattoon submitted shall include an estimate of journeyrnsw hours to be perlarmed under the contract,the number of apprentices proposed to be eropkoyed,and the approo3macte dates the apprentices would be employed.A Copy of this information shell also be submitted to the awarding body if requested by the awexdhng body. Within 60 days after concluding work on the contract,each contractor and subcontractor shall submit to the awarding body,if requested- and to the apprenticeship program a verified statement of the journeyman and apprentice hours performed on the contract The 'reformation under this subdivision shall be public. The apprenticeship Programs shall retain this information,for 12 months. (1)The apprenticeship program that can supply apprentices to the area of the site of the public work shall ensure equal employment and affirmative action in apprenticeship for worsen and minorities. tires to" m a particular craft or trade on the (g)The ratio of work performed by apprentices ����employed• public work may be no higher than the ratio stipulated in the apprenticeship standards under which the apprenticeship program operates where the contractor agrees to be bound by those standards,but,except as otherwise provided in this section,in no case shah the ratio be less than one hour of apprentice work for every fire hours of journeyman work. w �fi apply g eny day or pin of a day when any (W This ratio of apprentice work to journeyman journeyman is employed at the jobeite and shall he computed on the bass of the hours worked du hours ng the�k journeymen so emphV ed.Any work pe�m�by a journeyman in excess of eight hours per day or 40 shall not be used to calculate the ratio.The contractor shall employ apprentices for the number of hours computed as above before the and of the contract or,in the case of a subcostractnc before the end of the subcontract.However,the contractor shall endeavor,to the greatest extent Poossfbhe,to employ apprentices during the same time period that the journeymen in the same crab or trade are empkged at the jobsite.When an hourly APlxenticeship ratio fa not*J='iota for a particular craft or trade, the Chief of the Division of Apprenticeship Standards. upon application of an apprenticeship Program.may order a minimum ratio of not leas than one apprentice for each five journeymen in a craft or trade classification.rac to be covered by an apprenticeship Prig ram's Eij A ca,tractor covered by this section that has agreed standards upon the issuance of the approval certificate,er that has been previously app roved for an apprenticeship program in the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship standards, but in no event Ives than the 1-firs ratio required by subdivision W. iticular craft or trade in (9 Upon proper showing by a contractor that he or she em a ploys ppre ntices n a par the state on all of his or her contracts on an annual average of not less than one hour of apprentice work for every five hours of labor performed by journeymen,the Chief of the Division of Apprenticeship ShuKk uda may grant a cesth'ficate exempting the contractor from the 1-to-5 hourly ratio,as set forth in this section lior that craft or trade. (k) An apprenticeship Program has the discretion to JIMM to a participating Contrasctor err contractor association a certificate,which shaft be subject to the approval of the Administrator of Apprenticeship.exempting the contractor from the 140-5 ratio act forth in this section when it fiends that any one of the Jbilowfng conditions is met(1) Unemployment for the previous three-month period in the area exceeds an averagle of 13 percent. (2)The number of apprentices in training in the area exceeds a ratio of I to S.(3)There is a showing that the iVPVC31dwelblc craft or trade is replacing at Least one-thirtieth of its journeynen annually through apprenticeship trabting, either on a statewide basis or on a local basis.(4)Assignment of an apprentice to any work performed under.s.public works contract wrnild create a condition that would jeopardize his or her life or the life,safety,err property of fellow employees or the Public at large,or the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman. that is contractors in (tl When an exemption is granted pursuant to subdivision(kj to an organisation represents a specific trade from the 1-to-5 ratio on a local orr statewide basis, the member contractors will not be required to submit individual applications for approval to local joint apprenticeshiP commftlnes-if they are already covered by the local apprenticeship standards of the work under the contract, (m)(1)A contractor to whom a contract is awarded,who.in performing any w employs journeyman or apprentices in any apprentxaeable craft or trade shall contribute to the Cahffornia Apprenticeship Council the same amount that the dir+eck r determines is the prevailing amount of apprenticeship training contributions in the area of the public works sits-A contractor may take as a Credit for Payments to the council any amounts paid by the contractor to an approved apprcrificeW"p program that can supply apprentices to the site of the public works project.The contractor stay add the amount of the contributions in computing his ar her bid for the contract 3 (3) At the conclusion of each fiscal year, the California Apprenticeship Council $ball distribute training contributions received by the council under this subdivision, leas the expense of the Division of Apprenticeship Standards for administering this subdivision.by mMkng greats to aPPmvcd aPPreaticeshiP programa for the purpose of brafi=M apprendfom The fnida shaft be distributed as kdkr w (A) if then is an approved muldemployer apprenticeship program serving the same craft or trade and geographic area for which the training contributions were made to the council, a grant to that program shall be made. (1q if theme are two or more approved muldempbyer apprenticeship programs serving the same craft or trace and geographic area for which the trash contributions were made to the council,the grant shall be divided among those programs based on the number of apprentices registered in each program.(q Alf trying contributions not distributed under subparagraphs(ill and(e)shall be used to defray the future erpemes of administering this subdivision. (M All trantins contn'6utions received pursuant to this subdivision shall be deposited in the Apprenticeship Tanning Contribution fund,which Band is hereby created in the State Treasury. Notwithatauduig Section 13340 of the GGvernmtent Code. all money in the Apprenticeship Training Contributum Fund is hereby continuously appropriated for the purpose of carrying out this subdivision and to pay the expenses of the division in administering this subdivision. (n)The boo awarding the Contract shall cause to be inserted in the contract stipulations to effectuate this section.The stipulations shag Ax the respousibi it of compliance with this section for all apprenticeable occupations MM the prime contractor- (d This section does not apply to contracts of grneral contractors o to contracts of specialty contractors not bidding for work through a general or prime contractor when the contracts of general contractors or those specialty contractors involve less than thirty thousand dollars(W.000). (p)All decisions of an apprenticeship program under this section are subject to Section 3081. 1777.6. It shall be anlawful for an emplager or a labor union to refuse to accept otherwise qualified employees as registered apprentices on any public works,an the ground of the rave,religious creed,color,national origin,ancestry, seat,or ago,except as provided in Section 3077,of such employee- 1777.7. (a) (1) A contractor or subcontractor that is detr rained by the Chief of the Division of Apprenticeship Standards to have knowingly violated Section 17775 shell forfeit as a civil penalty an amount not exceeding one hundred dollars($100)lee each full calendar day of noncompliance.The amount of thin penally may be reduced by the Chief if the amount of the penalty would be diaproportiormte to the severity of the violation. A contractor or subcontractor that knowingty commits a second or subsequent violation of Section 1771.5 within a three-pear period, when the noncompliance rcaWts in apprenticeship training not being provided as required by this chapter.shall forfeit as a civil penalty the sum of not more than three hundred dollars 030%for each full calendar diay of noncompliance. Notwithstanding Section 1727,upon receipt of a determination that a civil penaltfr has been imposed by the Cbie&the awarding body shall withhold the amount of the civil penalty firom contract proggress payments then dto or to become due. (2) In lien of the penalty provided for in ibis subdivision. the Chief may, for a first-den violation and with the concurrence of an apprenticeship program described in subdivision (cl), order the contractor or subcontractor to provide apprentice employment equivalent to the work hours that would have been provided for apprentices during the period of noncompliance. (b) in the event a contractor or subcontractor is determined by the Chief to have knowingly committed a serious violation otany provision of Section 1777.5,the Chief may also decry to the contractor or subcontractor,and to its responsible oNicers, the right to gold or or be awarded or perfomo work as a subcontractor on any public works contract for a period of up to one year for the first violation and for a period of up to three years for a second or subsequent violation. Each period of debarment shall run from the date the determination of noncompliance by the Chief becomes a final order c f the Administrator of ApprantieenhiP. (c)(1)An affecled contractor,subcontractor,or responsible officer may obtain a review of the determination of the Chief imposing the debarment or civil penalty by transmitting a written request to the cokce of the Administrator within 30 days after service of the determination of debarment or civil penalty.A copy of this.spat shall also be served on the Chief.K the Administrator does not receive a tine rest fire review of the determination of debarment or civil penalty made by the Chief,the order shall become the final ceder of the Administrator.(2)Within 20 days of the timely receipt of a request for review. the Chief shall provide the contractor, subcontractor, or responsible officer the opportunity to review any evidence the Chief may offer at the hearing. The Chief shall also promptly dtac loss any rnosapvivikwd documents obtained seer the 20-day time limit at a time set forth for exchange of evidence by the Administrator.(3)Within 9(f days of the timely receipt of a regacat for review,a hearing shall be commenced before the Administrator or an impartial hearing officer dseignaled by the Administrator and possessing the qualifications of an administrative law judge; pursuant to subdwisimr (b) of Section 11505 of the Government Code. The affected oontracWr,subcontractor.or responsible officer shall have the btirden of providing evidence of compliance with Section 1777.5.(4)W thin 45 days of the conclusion of the hearing.the Administrator shall issue a written decision affirming modi&ft or dismissing the determination of debarment or civil penury.The decision shag contain a statement of the factual and Begat basis for the derision and an order.This decision shall be served on all parties and the awarding body pursuant to section 1013 of the Code of Civil Procedure by first-class mail at the laid known address of the party that the Party has filed with the Administrator. Within 15 days of issuance of the decision. the Administrator may reconsider or modify the dtaimion to correct an error,except that a clerical error may be corrected at any time.(5)An affected contractor. subeontractor, or responsible officer who hass timely requested review and obtained a decision under paragraph(4)may obtain review of the decision of the Administrator by filing a petition for a writ of mandate to the appropriate smperior court pursuant to Sections 1044.5 of the Code of Civil Procedure within 45 time after service of the final decision.If no timely petition for a writ of mandate Is fled, the decision shall become the final order of the 4 Administrator The decision of the Administrator shall be affirmed unless the petitioner shows wheat of abused big or her discretion, if the petitioner claims that the tiodiags are not supported by tilt evidence diacredw is established if the court determines that the findings are not supported by substantial evidottce is light of the entire rrscord.(W The Chief may certibi a eoPy of tilt liter order of the Administrator and file d with the dent of the superior court in any county in which the affected contractor or subcontractor has Property has or had a piece of business The clerk,immediately Upon this tiling.shall enter Judgment for tie state against the person assessed in the amount shoran on the certified order.A judgment entered pursuant to this section shall tzar the same sate of interest and shall have the carne effect as other judgments and be given the seine preference allowed by the law on other Judgments rendered for airless for bows.The clerk shall not charge for the service performed by him or her pursuant to this motion.An awarding holy that has withheld ddtnds in response to a determination by the Chef imposing a pmaibr under this section shall,upon receipt of a certified copy of a final order of the Administrator,PrOMAY tranamst the withheld trawls,up to the amount of the certified order.to the Administrator. the project is not liable (d)!f a subcontractor is found to have violated section 17'7'7.5,the prime contractor for any penalties under subdivision(a). unless the prime contractor had�of the subcontsactoes failure to comply with the pmrisiona of Section 1777.5 or unless the plume cows toffs to comply with wile the Mowing requistaaents:(I)The can emacuted between the contractor and the subcontractor or the performance of work on the public works project*hall include a Copy of the i»��of Sections i771. 1775.177b, 1777%.5.1813,and public (2)The contractor*hall continually monitor a subecatractOell use of apprentices required to be employed on the public works project pursuant to Subdivision (di of Section 1777.5, including, but not limited to, periodic review of the eertilled payroll of the subcontractw p)Upon becoming&°rare of a failure of the subcontractor to employ the required number of aPpnentiees. tilt contractor shall take eorme*m action.including. but not limited to,retaining funds due the subcontractor for work performed an rim public worsts Project until the rMure is corrected.(4)Prior to making the final payment to the subcontractor for 'rock performed on the public works project. the contractor ahal obtain a declaration std under penalty of perjury from the subcontractor that the subcontractor has employed the required number of apprentices on the public works project• rsuant to this section shall be deposited in the General Fund (e)Any fands withheld by the awarding body pu r5-an entity if the awarding body is a state entity,or in the equivalent fund of an awarding body if the awarding body other than the state hether a viola (h)The Chief shall consider,in setting ale amount of a m penalty.in determining w monetary penator is serious.and in determining whether and for how long a party should be debarred for violating this sin,all of the following circumstances: (1) Whether the viQhation was intentional. p) Whether the party has committed other violations of Section 1777.5. (3) Whether,upon notice of the violation,the party took:steps to voluntarily remedy the viohatbn.. (4) Whether; and to what extent, the violation resulted in kilt training opportusi �urea for apprentices, (5)If a Pty seeks Whether,and to what extent,the Twhitton otherwise damned apprentices or apprenticeship programs review of a decision by the Chief to impose a monetary penalty or period of debarment,the Administrator shall decide de rove the appropriate penalty.by considering the some factors not forth above. (g)The interpretation of Section 1777.5 and this earldom shad be in accordance with the regulations the imposition impoertion California Apprenticedrip Council.The Administrator mqy adopt regulations to establish guidelines of monetary penalties and periods of debarment and may designate preaedential decisions under Section 11425-60 of the Government Code. NOTE. THE.ABOVE CALIFORNIA LABOR CODE SECTIONS ARE AVAILABLE FROM THE IN - Jwx-�wwa�Air-Ca-90V DAG 10(Rev.0402) 5 STATE OF CALIFORNIA EDMUND G.BROWN,Jr.,Governor DEPARTmFNT OF INDUSTRIAL RELATIONS www.dir.ca.gov DIVISION OF APPRENTICESHIP STANDARDS 455 Gokden Gate Averate,10th Floor ADDRESS REPLY TO: San Francisco,CA 94102 Div.of Apprenticeship Standasds TeE (415)703-4920 P.O.Box 420603 Fart(415)703-5477 San Finasco,CA 94142-0603 Important Notice Regarding;Changes in CCR 230.1 An addition has been made to section 230.1 regarding employment of apprentices on public works it is effective as of November 16, 2011. To see a copy of the amended regulation please click on the following link:httn•//www dir ca goo/das/DasRegulations/201011Regs320Text.pdf In general,for covered:projects, "except for projects with less than 40 hours of journeyman work",for the purpose of determining whether a contractor has properly requested an apprentice, all requests for dispatch of an apprentice "shall be for not less than 8 hours per day per each apprentice or 20%of the estimated apprentice hours"required to meet ratio whichever is greater. n. AMENDMENT TO CALIFORNIA CODE OF REGULATIONS, TITLE 8,CHAPTER 2, PART.I-V, SECTION 230.1 230.2.Employment of Apprentices on Public Works. (a)Contractors,as defined in Section 228 to include.general,prime, specialty or subcontractor, shall employ registered apprentice(s), as defined'by Labor Code Section 3077, during the performance of a public work project in accordance with the yequired one hour of work performed by an apprentice for every five hours of labor performed by a journeyman, unless covered by one of the exemptions enumerated in Labor Code Section 1777.5 or this subchapter. Unless an exemption has been granted,the contractor shall employ apprentices for the number of hours computed above before the end of the contract. Contractors who are not already employing sufficient registered apprentices(as defined by Labor Code Section 3077)to comply with the one-to-five ratio must request the dispatch of required apprentices from the apprenticeship committees providing training in the applicable craft or trade and whose geographic area of operation includes the site-of the public work by giving the committee written notice of at least 72.hours(excluding'Saturdays,Sundays.and holidays)before the date on w1 ich one or more apprentices are required. If the apprenticeship committee from which apprentice dispatch(es)are requested doe's not dispatch apprentices as requested,the contractor must request apprentice dispatch(es)from another committee providing training in the applicable craft-or trade in the geographic area of the site of the public work,and must request apprentice dispatch(es) from each such committee,either consecutively or simultaneously,until the contractor has requested apprentice dispatches from each such committee in the geographic area.All requests for dispatch of apprentices shall be in writing,sent by first class mail,facsimile or email. Except for projects - with less than 40 hours of iourneyman work each request for apprentice dispatch shall be for not { 0 less than an 8 hour day per each apprentice or 20%of the estimated apprentice hours to be - worked for an employer in a craft or trade on a project,whichever is greater,unless an employer can provide written evidence upon request of the committee dispatching the apprentice or the Division of Apprenticeship Standards that circumstances"beyond the Mloyer's control prevent this from occurring. If a non-signatory contractor declines to abide by and comply with the terms of a local committee's standards,the apprenticeship committee shall not be required to dispatch apprentices to'such contractor. Conversely, if in response to a written request no apprenticeship committee dispatches,or agrees to dispatch during the period of the public works project any apprentice to a contractor who has agreed to employ and train apprentices in accordance with either the apprenticeship committee's standards or these regulations within 72 hours of such request(excluding Saturdays, Sundays and holidays),the contractor shall not be considered in violation of this section as"a result of failure to employ apprentices for the remainder of the project,provided that the contractor made the request in enough time to meet the above-stated ratio.If an-apprenticeship committee dispatches fewer apprentices than the contractor requested,the contractor shall be considered in compliance if the contractor employs those apprentices who are dispatched,provided that,where there is more than one apprenticeship committee able and willing to unconditionally dispatch apprentices,the contractor has requested dispatch from all committees providing training in the applicable craft or.trade whose geographic area of operation include the site of the public work.Nothing in•this section.shall affect the right of'a Contractor who participates in and employs registered. apprentices from programs approved under"Labor Code Section 3075 outside the geographic area of the public work from employing said apprentice(s)on the site of the public work in order to meet the ratio requirement of'Labor Code Section 1777.5. 2 t l:1 ' • (b)Apprentices employed on public works shall be paid the applicable apprentice prevailing per diem wage rate,available from DAS, and derived from the Director's survey-of wages paid on public works in the geographic area of the craft or trade. DAS shall refer complaints alleging any contractor's failure to pay the proper apprentice prevailing wage rate on a public works project to the Division of Labor Standards Enforcement for investigation and appropriate action. (c)Apprentices employed on public works can only be assigned to perform work of the craft or trade to which the apprentice is registered. Work of the craft or trade consists of job duties normally assigned to journeymen in the apprenticeable occupation. Where an employer employs _apprentices under the rules and regulations of the California Apprenticeship Council, as set forth in Labor Code Section 1777.5(c)(2), apprentices employed on public works must at all times work with or under the direct supervision of joumeyman/men.The on-the-job training shall be in accordance with the.apprenticeship standards and apprenticeship agreement under which the apprentice is training,provided that a contractor shall not-be subject to any financial or administrative obligations to a trust fund or employee benefit plan unless the contractor has so agreed. (d)The provisions of this regulation shall not apply to contractors on public works projects that were bid prior to July 1,2009. Such contractors-shall comply with the version of this regulation that was in effect prior to July 1,2009. . 3 Division of Apprenticeship Standards - Important notice Change to Code of Regulations Setion 230.1 Notification of Change in Regulation 230.1 Regarding Employment of Apprentices on Public Works. Regulation 230.1 has been amended. The change will affect projects bid after June 30,2009. Projects bid on or before June 30,2009 will still be controlled by the prior version of 230.1. • The change requires all contractors (who are not already employing sufficient apprentices)to request dispatch (either consecutively or simultaneously) from all approved apprenticeship programs in the geographical area of the project. • The change also requires that contractors who employ apprentices but are not meeting the required ratio for their craft must request dispatch from any other programs in their craft that exist in the geographical area of the project • The change also requires contractors to give the approved apprenticeship programs written notice of the request for dispatch at least 72 hours in advance.Previously 48 hours advance notice was required Effective on projects bid July 1,2009 Reg. 230.1. Employment of Apprentices on Public Works. (a) Contractors,as defined in Section 228 to include general,prime, specialty or subcontractor, shall employ registered apprentice(s), as defined by Labor Code Section 3077, during the performance of a public work project in accordance with the required one hour of work performed by an apprentice for every five hours of labor performed by a journeyman, unless covered by one of the exemptions enumerated in Labor Code Section 1777.5 or this subchapter. Unless an exemption has been granted,the contractor shall employ apprentices for the number of hours computed above before the end of the contract. Contractors who are not already employing sufficient registered apprentices (as defined by Labor Code Section 3077) to comply with the one-to-five ratio must request the dispatch of required apprentices from the apprenticeship committees providing training in the applicable craft or trade and whose geographic area of operation includes the site of the public work by giving the committee written notice of at least 72 hours (excluding Saturdays, Sundays and holidays) before the date on which one or more apprentices are required. If the apprenticeship committee from which apprentice dispatch(es) are requested does not dispatch apprentices as requested, the contractor must request apprentice dispatch(es) from another committee providing training in the applicable craft or trade in the geographic area of the site of the public work, and must request apprentice dispatch(es) from each such committee, either consecutively or simultaneously, until the contractor has requested apprentice dispatches from each such committee in the geographic area. All requests for dispatch of apprentices shall be in writing, sent by first class mail, facsimile or email. If a non-signatory contractor declines to abide by and comply with the terms of a local committee's standards, the apprenticeship committee shall not be required to dispatch apprentices to such contractor. Conversely,if in response to a written request no apprenticeship committee dispatches, or agrees to dispatch during the period of the public works project any apprentice to a contractor who has agreed to employ and train apprentices in accordance with either the apprenticeship committee's standards or these regulations within 72 hours of such request (excluding Saturdays, Sundays and holidays) the contractor shall not be considered in violation of this section as a result of failure to employ apprentices for the remainder of the project, provided that the contractor made the request in enough time to meet the above-stated ratio. If an apprenticeship committee dispatches fewer apprentices than the contractor requested, the contractor shall be considered in compliance if the contractor employs those apprentices who are dispatched,provided that,where there is more than one apprenticeship committee able and willing to unconditionally dispatch apprentices, the contractor has requested dispatch from all committees providing training in the applicable craft or trade whose geographic area of operation include the site of the public work. Nothing in this section shall affect the right of a contractor who participates in and employs registered apprentices from programs approved under Labor Code Section 3075 outside the geographic area of the public work from employing said apprentice(s) on the site of the public work in order to meet the ratio requirement of Labor Code Section 1777.5. (b) Apprentices employed on public works shall be paid the applicable apprentice prevailing per diem wage rate, available from DAS, and derived from the Director's survey of wages paid on public works in the geographic area of the craft or trade. DAS shall refer complaints alleging any contractors failure to pay the proper apprentice prevailing wage rate on a public works project to the Division of Labor Standards Enforcement for investigation and appropriate action. (c) Apprentices employed on public works can only be assigned to perform work of the craft or trade to which the apprentice is registered. Work of the craft or trade consists of job duties normally assigned to journeymen in the apprenticeable occupation. Where an employer employs apprentices under the rules and regulations of the California Apprenticeship Council, as set forth in Labor Code Section 1777.5(c) (2), apprentices employed on public works must at all times work with or under the direct supervision of journeyman/men. The on-the-job training shall be in accordance with the apprenticeship standards and apprenticeship agreement under which the apprentice is training, provided that a contractor shall not be subject to any financial or administrative obligations to a trust fund or employee benefit plan unless the contractor has so agreed. (d) The provisions of this regulation shall not apply to contractors on public works projects that were bid prior to July 1,2009. Such contractors shall comply with the version of this regulation that was in effect prior to July 1,2009. Note:Authority cited: Section 1777.7,Labor Code.Reference:Section 1777.5,Labor Code. June 2009 STATE OF CALIFORNIA DEPARTMENT OF TOXIC SUBSTANCES CONTROL CALRECYCLE PROGRAM FOR UNIVERSAL WASTE COLLECTION FEDERAL ENVIRONMENTAL PROTECTION AGENCY (EPA) REQUIREMENTS Universal Waste Page I of I c Hazardous Waste do Universal Waste M Waste) Universal Waste Hazardous wade regulations designate a category of hazardous wastes caller! Vh... mation-.. "universal waste"(u-waste).This category Inches many items,inching fluorescent lamps,cathode ray tubes,instruments that contain mercury,batteries,and others. on where to tales Until recently,some universal wastes could be disposed in the trash under some circumstances,however this m no longer the case—all u-wades are now banned from banned ftm the the trash.Under CalLf*M a's Universal Waste Rule(Adobe PDF,108 KB),households and M lawl "conditionally exempt small quantity generators"were slowed to dispose fluorescent (LEA).. lamps,batteries(not leaftcrd batteries of the type used in autos),mercury thermostats. and electronic devices to the Mash through February S.20M,unless the local trash companies or other agencies prohibited it.Large and small quantity handlers are reWired to ship their waste to either another handier,a universal waste transfer station,a recycling fadlity,or a disposal facility. On February 9,2004,regulations toots effect in Caftr is that cle"fted all discarded fluorescent lamps as hazardous waste.This includes even low mercury lamps marketed as 7CLP passing"or"TTLC passing."No one In CaNkanla Is allowed to discard their fluorescent lamps and batteries as nonhazardous solid waste(as ordinary trash). Televisions and computer monitors also cannot be disposed to the trash.Most televisions and computer monitors are currently considered hazardous waste when they have lived their Ufa and are ready for recycling or disposal, Including cathode ray tube(CRT).liquid crystal diode(LCD),and plasma monitors.These Items may not be put in the trash. For a more information about the details of most universal wastes,contact the California Deoartmen#of Toxic Substance Control.Also see the DISC Web page on unhmmW waste. For Wormation about electronic waste specifically,we the California Integrated UVante Management Board's a-waste Web site,Eiec male Product Management,or contact gjMlftft&eevcie.caartov_. Last updated.May M.2006 Used ON iii Hauseho&1 Hazardous Waste Program.huff/hNww t alnecvde cagQy/HortzsHazYVaste/ Contact Wmcvda_ra.aooV(916)341-6507 Conditions of Use( E,tjyM Policy 019 2011 California Department of Resources Recycling and Recovery(CalRecyde).All rights reserved. http://www.calrecycle.ca.gov/HomeHazWastetMaste/defaulthtm 9/29/2011 Universal Waste Pagel of 3 C;.rtl ii�1`nia Department of Toxic Substances Control Universal Waste ............................................................................................................................................................................... Universal Waste Is a universal problem Universal wastes are hazardous wastes that are generated by a wide variety of people that contain mercury, lead, cadmium, copper and other substances hazardous to human and environmental health. In general, universal waste may not be discarded in solid waste landfills. Examples of these wastes are batteries, fluorescent tubes, and some electronic devices. The best way to reduce the harmful effects of the wastes on human health and the environment is to reduce consumption. The next best thing is to make sure you DON'T throw them in the trash! NEWIl! U29ated Universal Waste Fact Sheet Information on the Mercury Thermostat Collection Act of 2008 Types of Universal Wastes and What makes them Hazardous Batteries--Includes all batteries,AAA,AA, C, D, button cell, 9-volt,and all others, both rechargeable and single use--Cadmium, Copper and(In older batteries) Mercury Cell Phones--Antimony ,Arsenic, Beryllium, Cadmium, Copper, Lead, Nickel, Zinc Computers and Computer Monitors—Arsenic, Cadmium, Lead, PCBs Electronic Devices--Lead Fluorescent Lamps—Mercury Information on the Mercury Thering5(at Collection Act of 2008 Mercury wastes like thermometers and toys—Mercury Non-empty Aerosol Cans—Propane, Butane, Pesticides Televisions--Arsenic, Cadmium, Lead, PCBs Universal Waste Page 2 of 3 Information for Generators,Handlers,and Recyclers Information on proper management of Universal Wastes Certified Appliance Recyclers page Do you need an EPA ID number? File a Notification or Annual Report for UWEDs and CRTs Where to Take these Wastes? Join Oscar the Grouch's"Not in My Trash Can-paign"by keeping universal wastes out of the trash. Find a Take it Back Partner to properly recycle your fluorescent lights, . batteries, and electronic wastes. 9 6 CalRecycWs database has a list of business that collect and recycle all types of universal wastes in California eRecvc1e.or9 is specially designed for recycling electronic wastes and answering any additional questions Earth911.0ra lists information on all facilities that collect and recycle universal wastes and household hazardous wastes DTSC's UWED&CRT database has a list of all collectors and recyclers in California that handle electronic devices. What about Major Appliances? Major Appliances contain mercury and other ozone depleting chemicals that are dangerous for human and environmental health.These appliances include the following items. washing machine clothes dryer hot water heater dehumidifier conventional oven or microwave oven stove refrigerator or freezer air-conditioner trash compactor California Identification(ID)Numbers Page 1 of 4 �r Ctlsrl fl?Yni �r-�partt1 ent of Toxic Substances Control California Identification 013).Numbers...................................:......................................................... DTSC issues permanent California ID numbers to generators,transporters and disposal facilities not regulated by the U.S. Environmental Protection Agency(U.S.EPA)for the purpose of tracking hazardous waste. California ID numbers are site-specific and owner-specific. The ID number enables regulators to track the waste from its origin to the final disposal("cradle to grave'). An ID number identifies each handler of hazardous waste on a hazardous waste manifest and other purposes. Some activities are exempt from having an ID number. The U.S. EPA issues federal ID numbers. Click on one of the links below to go directly to a specific topic: What is an ID Number? Who Needs an ID Number? Types of ID Numbers Generating 5 or Mofe Tons of Hazardous Waste Search for an ID Number Changing Information on an Existing ID Number 2011 Veriit-Ation Questionnaire and Manifest Fees Assessment ID Nu ber Verification Questionnaire Forms Lgyys, Regulations and Policies Con nformation What is an ID Number? An ID number identifies each handier of hazardous waste. See DTSC's EPA Identification Numbers fact sheet for general information and answers to the most common questions about ID Numbers. Who Needs an ID Number? Most generators, transporters and disposal facilities need an ID number to handle, store and/or treat hazardous waste. Some businesses that generate and handle universal waste and businesses that generate less than 100kg per month of photogfgohic waste containing silver are exempt from having an ID number. Types of ID Numbers California Permanent ID Numbers Businesses that generate waste on an ongoing basis must have a permanent ID number. To get a permanent ID number, you need to complete the required application,DTSC Fo[m 1358, There is no fee to obtain a permanent ID number. Remember, If 5 or more tons of hazardous waste will be generated in a calendar year on your permanent ID number, generator fees may be due. Go to www.bge.ca.-cQvlpdf/boe400-eEq.pdf- California Identification(ID)Numbers Page 2 of 4 California Temporary ID Numbers Temporary ID numbers (90-day numbers) are issued to people or businesses that do not routinely generate hazardous waste. Call (800) 618-6942 to get a temporary ID number. Our hours are Monday through Friday 8:15 to 4:45, closed during the lunch hour. To get a temporary ID number after hours for a spill, call (800) 852-7550. There is no fee to obtain a temporary ID number. Remember, if 5 or more tons of hazardous waste will be generated in a calendar year on your temporary ID number, generator fees may be due. Go to www.boe.ca.00v/pdf/boe4OO-efa.pdf Federal (RCRA) ID Numbers Waste regulated by the federal government under the Resource Conservation and Recovery Act is known as "RCRA waste." If a business generates more than 1 kilogram of RCRA acutely hazardous waste per month or more than 100 kilograms of other RCRA waste per month, they must have a fedeCaIIQ number that is issued by U.S... A. Remember, if 5 or more tons of hazardous waste will be generated in a calendar year on your federal ID number, generator fees may be due. Go to www.boe.ca.ggv/pdf/boe400-efa.pdf Generating 5 or More Tons of Hazardous Waste If you generate 5 or more tons of hazardous waste in a calendar year regardless of the final disposition of the waste on an type of ID number, California permanent or temporary; or federal permanent or temporary, you must contact the Board of Equalization to obtain a generator fee account number. Please contact the Board of Equalization if you have any questions regarding the requirements of registering, at ht.p://www boe ca gov/puff/boe400-efa pdf or at (916) 323- 9555 Search for an ID Number In DTSC's Hazardous Waste Tracking System (HWTS) you can look up facility and manifest information by searching by ID number, address or business name. Go to,www.hwts.dtsc.ca.gov and click on Reports. Changing Information on an Existing ID Number If you move your business, have a change In ownership or simply change your mailing address, you should notify DTSC of these changes immediately by completing DTS.0 dorm 1358. 2011 Verification Questionnaire and Manifest Fees Assessment DTSC will mail the 2011 Final Notice Verification Questionnaires (VQ) and Manifest Fees Assessments early November 2011. Dedicated telephone lines and staff will be available after the mailing to answer calls regarding the Verification Questionnaire and Fees Assessment. The phone number is (877) 454-4012 (toll-free when calling from within California) and (916) 255-4439 (local or outside California). California Identification(ID)Numbers Page 3 of 4 Please note that the telephone lines will be extremely busy for several weeks after the mailing. In order to assist you in completing these forms, DTSC has compiled answers to common questions about the forms. The Frequently Asked Questions about the Verification Questionnaire and Manifest Fees Assessment are located at http•//www.dtsc.ra.aov/IUManifeg= FAD.cfm ID Number Verification questionnaire DTSC sends out a verification questionnaire to businesses holding permanent federal or California ID numbers. Businesses are required to respond with any updates to their business information. Failure to respond to the verification questionnaire will lead to inactivation of the ID number. An ID Number Verification Fee and Manifest Fee assessment is included with the verification questionnaire. Fees are assessed for holders of ID Numbers. Questionnaires are mailed annually. Additional fee information is available in the Hazardous Waste Fee Summary. EPA ID Number Verification Questionnaire & EPA ID Number and Manifest Fee Assessment Ma Hazardous Waste Ftg Summary Forms DISC FQEm 1358 is used for updating information on a California ID number, applying for a new California ID number, inactivating a California ID number or reactivating a California ID number. U.S. EPA Form 8700-12 is used for updating information on a federal ID number and applying for a new federal ID number. The form includes extensive instructions. Please review before printing the entire form. Laws, Regulations and Policies View the California Health and Safety Code (HSC), Division 20, Chapter 6.5, and the Califania Code of Regulations (CCR), Title 22, Division 4.5, Environmental Health. Sections Relating to ID Numbers: (1) Title 22, CCR 66262.12 (2) Consolidated Transporter Customers: HSC 25160.2 (3) U.S. EPA Regulations in 40 CFR Sections 261.5 and 262.12 (4) ID Verification Requirement and Fees: HSC 25205.16 (5) Manifest Fee: HSC 25205.15 Contact Information California DTSC - Generator Information Services Section Dial (916) 255-1136 if you are calling from outside California. Dial (800) 618-6942 if you are calling from within California. Dial (800) 852-7550 for ID number issuance after hours for emergency or spill. California Identification(ID)Numbers Page 4 of 4 U.S. EPA (Federal) Region 9 - San Francisco Dial (415) 495-8895 for a federal ID number. Dial (415) 947-4400 for ID number issuance after hours for emergency or spill. Conditions of Use I Privacy Policy Copyright©2007 State of California EPA ID Numbers f Pacific Southwest: Waste I US EPA Page I of 1 �'Q����__ Wp:&ww.ep&owkegkn9lwasWepa�xsn&htiM Pacift Southwest,Region 9 Serving:Arizona,Catifamia.Hamm,Nevada.Padfic felands,Tribal Nations EPA !D Numbers On this Page: Han W Obtain An EPA(Federal)RCRA • Now to Obtain An EPA fffiderall RCRA ID Number ID Humber • Do You Also Need a Caltamia State ID K%M*012 Fed"RCRA ID Numbers(EPA Me)are issued directly by Region 9 states.For The Resource Conservation and Recovery Act(RCRA)requires Individuals who generate or transport hazardous waste.or who assg6utce In determining Ryou hands a operate a tacft for recyc",)resting,storing,or disposing(TSD)of hazardous waste.to form f EPA or their sutltonred fiats fadersly regulated hazardous waste.help waste management agency of their regulated waste adMdes and obtain a US EPA tdendrg:udon M Number(also tutown as at in obtaining an EPA ID.or to update RCRA 10!lumber).Handlers of some Universal Whsle,used CIL and BoaersAndwlatal Fumace may require a US EPA ID Number, Intennation for on exk&V ID,please too.If you are regulated and do not comply with the RCRA notification requirements,you may be subject to dvit and criminal wntact the appropriate tare in dd your r fisted below for the stale let rdirir your fray Is penalties. located. For locations Aw Arizona,contact The motion or Regulated Waste Activity(EPA Form 11700.121 and Adzorq Dspartnent of Environmental associated instructions are designed to help you determine,it you are RCRA%Crodie-ha-Grarea (AD subject to the requirements under the Resource Conservation&W M X119 No""aswt SYs"M H,aardow Yygate section Recovery Act(RCRA)for noPdying EPA or an authorized state of your 1110 Washingmn St.44154-1 regulated waste ackWdes. � -low i Phoenix.Az a5007 (602)7714232 A US EPA ID Number(s site-spet5tic(euocept what issued to a For locations to California.American transporter)and permanent(unless issued as a Prondetood numbs.as /La1a iwrraasrs Santee,Aso,Consraweaft or discussed below).It does not move with the current ownedoperalor tlAar )larvae iftesas U*dMm AWiam m talents(t K%%or should They relocate unless the o nerloperator Is a transporter.H is used on TMM Lamle,eool"t by EPA to tract hazardous wastes from the pant of generation to the U.S.EPA Region 9 final disposal site.also known as gte'cradle-to-grave'ryGe.Once a US RCRA Notifications(handled by EPA ID number is assigned to a specific physical location,it belongs solely to that location and will belong to any ormersieperstoas coniniolor,Tatra Tech) at that location."One RCRA EPA ID for One RCRA Subfite C Silo'.When a business,located at a site where a US EPA ID number 75 Hawthorne Strew,MT-6 exists,moves to another location(even within the some Stale or town)the m number must be inactivated at the former location and San Francisco.CA 94105 a new ID number requested at the new location,A new form is required when relocating or requesting a new US EPA ID number.If (415)4958895 at the new location.a RCRA hazardous waste ID number had previously been issued to the former owmerlopera(or.the number for Do You Also Need a Cali omia State ID that physical location will then be assigned to the new requester.If a number had never been issued for that physical location,a row number will be Issued to the new requester. For toeadons in Hawaii,contact: Hawaii Department of Heaith Some US EPA ID numbers are not permanent;they are Provisional numbers and temporary in nature.They are issued for Solid and Hazardous Male Brawl 919 emergency or temporary one time cleat-ups.Provisional EPA ID numbers are valid fur 90 d Hon Ala Moans Boutavard,Room 2!2 aye.then inactivated kh rte National HonotrW,Ht 96814 system. (aoe)SM4229 To determine if your location already lies been assigned a US EPA Hazardous Waste ID number,look In EPA's 90t For localloss In Nevada,Contact Nevada DWbion of Environmental Warehouse database by the physical location first(be sure to put in the State you grant to search within). Protection(NDEP) Bureau of wil{Q,dtipaqMgp( Do You Also Need a California State ID Number? 901 S.Stewart Skeet,Suite 4001 Carson Cft W 8971" Cattiomia's Department of Tadc Substances Control issues permanent California ID numbers to generators,transporters and (775)687-9464 disposal facilities not regulated by the U.S.EPA for the purpose of tracking hazardous waste.These ID Numbers are issued under For y spIM4 why mean slate California State aulherily, oMces am closal,please cat the Following somber for as Region 9 For complete information,please visit DTSCs Managing Waste Web site exrT niSc4iii— states.The DutyOMcsrwiM route yaw rag appropriately depending on your CA Department of Toxic Substances Control Ikon' (800)618-6942(In California) (OM 3WZ193 (916)255.1136(Out of State) Rndicn 9 Emerge_Rem Region 9 Newsroom Grants E Funding Media Center About Region 9 Region 9 Programs US-MeaXo Border Careers A-2 Index Last updated on Thursday,December 15,2011 t Fact Sheet, November 2007 EPA Identification Numbers for Generators Regulatory Assistance Officer's Notes: The Department of Toxic Substances Control (DISC)Regulatory Assistance Office prepared this fact sheet to provide general information about EPA Identification Numbers. Throughout the online version of this fact sheet,numbers in blue 66262.12 represent citations from the California Code of Regulations or the Cali- fornia Health and Safety Code. Clicking on the blue numbers will take you to sites containing the regulations. If you generate hazardous waste,you should consult with your Certified Unified Program Agency(CUPA). Finally,DISC strongly en- courages all businesses that generate hazardous waste to consider waste minimiza- tion,source reduction, and pollution prevention. What is an EPA ID Number? This number,issued either by the U. S.Environmental Protection Agency(U.S.EPA ID Number),or by DTSC(California ID Number), identifies each handler of ha- zardous waste on hazardous waste manifests and other paperwork. The ID Number enables regulators to track the waste from its origin to final disposal("cradle to grave."}With the exceptions discussed later in this guidance,most hazardous waste generators must have an ID Number before a registered hazardous waste transporter will accept the waste for shipment. All hazardous waste transporters and permitted treatment, storage and disposal facilities must have ID numbers. Are State and Federal laws the same? The federal hazardous waste law(the Resource Conservation and Recovery Act,or "RCRA')allows states to enact their own hazardous waste laws,which must be at least as stringent as the federal laws.The requirements under California law are more stringent than the federal criteria.Wastes that pass the federal hazardous waste criteria but fail the California criteria are called"non-RCRA"or"California-only" hazardous wastes. Wastes containing corrosive solids, asbestos,nickel or zinc are examples of common California-only hazardous wastes.Other states may not con- sider California-only wastes hazardous. Federal law also exempts generators of small quantities of waste from many federal waste management requirements. How many ID Numbers do 1 need? 2.Businesses whose ONLY hazardous waste generation is 100 kilograms or less per month of ID Numbers are site-specific and there is normal- waste that is hazardous solely because of its sil- ly only one number at a business address. If you ver content("silver-only waste")do not need an ID Number. This is true even if they treat the have a business that generates waste at multiple addresses that are not physically connected(con- waste in silver-recovery units and then send the silver for reclamation. See Health and Safety tiguous),each address needs aseparate ID Num- ber. In the case where generators are Code section 25143.13. Also see the DTSC Fact Sheet Onsite Tiered Permitting.Changes in independent businesses that operate in suites Re lation of Silver Wastes." within the same building,each business must have their own ID Number. If you are not clear as to whether you operate on one site or multiple 3.Businesses that generate and manage less than sites,contact your local environmental_Wgncy or 11,000 lbs(about 5 tons)of universal waste on- the DTSC information resources listed at the end site at any one time may need to get a Federal of this fact sheet. EPA number.For information about obtaining a Federal EPA number, call(415)495-8895. For information about Universal Waste, see DTSC's Do I need a U.S. EPA ID Number, or a "Managing Universal Waste in California". California ID Number? In summary, except for the above-mentioned ex- If you generate more than 1 kilogram of RCRA emptions,if you generate only non-RCRA acutely hazardous waste per month or more than ha- 100 kilograms of other RCRA waste per month, zardous wastes,or you generate less than 104 you must get a U.S. EPA ID Number. If you kilograms of RCRA hazardous waste per month (or less than 1 kilogram of RCRA acutely ha- generate 100 kilograms or less of RCRA waste or one kilogram or less per month of acutely ha- zardous waste),you must get a California ID zardous waste,and meet certain other require- Number. If you generate more than 100 kilo grams of RCRA waste per month or more than 1 meats,you are exempted by U.S.EPA from many of its regulations,including the require- kilogram of RCRA acutely hazardous waste per ment to have an EPA ID Number. These busi- month,then you must get a U.S.EPA ID Num- nesses are called"conditionally exempt small- ber. quantity generators",or CESQGs. The regulato- ry citation is 40 CFR section 261.5 I used to be exempt from ID Number requirements.What happened? However,California regulations do not have an equivalent small quantity generator exemption. The passage of Senate Bill 271 (effective January Almost all business generators of hazardous 1,2002)removed the exemption that once al- waste in California that are not required to have a lowed small generators of used oil and solvents to U.S.EPA ID Number must,in practice,have a offer waste for transport without an EPA ID California ID Number. See California Code of Number(former milkrun or modified manifest Regulations title 22,section 66262.12. Howev- procedures.) er: The Consolidated Manifestins procedure that re- l. Generators handling only hazardous waste placed the milknm manifesting procedure re- produced incidental to owning and maintaining quires that generators using consolidated their own place of residence do not need an ID transporters provide them with an ID Number. Number,either federal or state. ment,removing underground tanks,and remov- ing hazardous wastes that were abandoned in a How do 1 get an EPA ID Number? leased building. A California temporary number is only valid for non-RCRA(California only) Handlers of RCRA waste who need an U.S.EPA waste or when the total RCRA waste hauled is ID Number must send a"Notification of Regu- less than 220 pounds or 27 gallons per month. lated Waste Activity% form 8700-12,to the U.S. To get a California temporary ID Number, call EPA contractor at the address given in its in- DTSC at(800)618-6942 (in-state)or(916)255- structions. You can request this form by calling 1136(out-of-state.) U.S.EPA also issues provi- (415)495-8895,or you can download the form sional ID Numbers for non-routinely generated from the U.S.EPA web site. federal wastes. Temporary and provisional ID Numbers are valid for a maximum of 90 days but can be used to haul any amount of hazardous Handlers who do not need a U.S.EPA ID but do waste that has been generated at the site before need a California ID Number can obtain it by and during that period. Holders of temporary completing and submitting the"California Ha- Numbers are not charged EPA ID verification zardous Waste Permanent ID Number Applica- fees. tion",DTSC Form 1358,by mail, email,or fax. You can download the form from the DTSC Do I need to get a new ID Number if website or you can request a blank form by call- move my business? ing DTSC at 800-618-6942. DTSC no longer is- sues permanent ID Numbers by telephone. Yes. If you have a California ID Number,submit Am I charged fees for the issuance of the one DTSC Form 1358 to deactivate your old ID Number? number, and another to request that a number be issued for your new location. This is also true if you are selling or buying a business; the seller There is no charge for issuing the number, but must inactivate the old number and have the new DTSC is required to collect an annual business owner submit a DTSC Form 1358 to have a new information verification fee for each permanent number issued. If you have a U.S. EPA ID ID Number. The fee is based on the number of Number, these actions are done through the use employees in the entire organization. If your of Form 8700-12, "Notification of Regulated business has fewer than 50 employees,the fee is waste Activity,% zero. There is no verification fee for a Tempo- rary ID Number. Frequently Asked Questions about the ID Number verification process and manifest fees are available on the DTSC website. I've always wondered: do the letters in front of the ID Numbers mean anything? 1 usually don't generate hazardous waste, Early federally—issued ID Numbers had two let- but I recently generated some. Can 1 get ters corresponding to the generator's state and a temporary EPA ID Number for this one ten digits. Current ID Numbers consist of three time event? letters followed by nine digits_The significance of those letters is as follows: DTSC issues temporary(or"provisional')ID Numbers to people or businesses that do not rou- tinely generate hazardous waste. Examples of non-routine activities include asbestos abate- EPA ID Numbers California ID Numbers CAR Federal permanent number currently be- CAL State Permanent number. CAC State provisional or emergency number. ing issued. CAH State provisional or permanent number CA Federal permanent number that preceded issued for Household Hazardous Waste the CAR prefix. ID numbers with a CA Collections. prefix are still valid,but have not been is- CAI State permanent number issued for Exot- sued since February 2995. is Pest Detection. CAD Federal permanent number that preceded CAE State provisional number issued for re- the CA prefix,or a State permanent or re- moval of hazardous waste caused by a natural disaster. provisional number issued before 2988. CAF State permanent number issued for farm ID numbers with a CAD prefix have not used oil. been issued since August 1993. CAS State permanent number issued for CAT Federal permanent number that preceded Emergency Response. the CAD prefix. CLU Clandestine Drug Lab cleanup. CAP Federal provisional or emergency number CAX State permanent or provisional number currently issued. issued before 1987. A CAX number is no longer a valid ID number. CA99 State permanent number issued to cruise ships. DTSC Regulatory Assistance Officers provide informal guidance regarding management of ha- zardous waste for the convenience of the public. Such advice is not binding upon DTSC, nor does it have the force of law. If you would like a for- mal opinion on a matter by DTSC,please contact the responsible program office directly. You should also refer to the statutes and regula- tions, DTSC Policies and Procedures, and other formal documents. If you cannot find the answer to your question in this fact sheet, contact your local DTSC Regula- tory Assistance Officer directly. You can reach them toll-free at 800-728-6942, or contact them through email at RA.O@dtsc.ca.gov. CONTRACT AGREEMENT AGREEMENT CITY OF SAN BERNARDINO de and concluded this da C�8, 4�20&5 THIS AGREEMENT is ma � Y of O between the City of San Bernardino (owner and hereinafter "CITY"), and 5,92V �^� IVU 8001- cam. ///C , ( hereinafter "CONTRACTOR"). 1. For and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the CITY, and under the conditions expressed in the bond as deposited with the CITY, receipt of which is hereby acknowledged, the CONTRACTOR agrees with the CITY, at the CONTRACTOR's own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said project in accordance with the conditions and prices stated in the Bid Documents, the Special Provisions and Conditions and Provisions for CommunitN ,IQvelopment Block Grant federally-funded projects, in good workmanlike and substantial manner t1e ROOF REPLACEMENT AT NORMAN F. FELDHEYM CENTRAL LIBRARY IN THE CITY OF SAN BERNARDINO (INCLUDES COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS ) in strict conformity with Plans and Special Provisions No. 13069 , and also in accordance with Standard Specifications for Public Works/Construction, latest edition in effect on the first day of the advertised "Notice Inviting Sealed Bids" for this project, on file in the Office of the City Engineer, Public Works Department, City of San Bernardino, which said Plans and Special Provisions and Standard Specifications are hereby especially referred to and by such reference made a part hereof. 2. Contractor agrees to receive and accept the prices as set forth in the bid schedule as full compensation for furnishing all materials and doing all the work contemplated and embraced in this agreement; also for all loss or damage arising out of the nature of the work aforesaid or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work, and for well and faithfully completing the work and the whole thereof, in the manner and according to the Plans and Special Provisions, and requirements of the Engineer under them. 3. The Contractor herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this contract, nor shall the Contractor or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection of subcontractors, vendees, or employees in the performance of this contract. AGREEMENT: ROOF REPLACEMENT AT NORMAN F. FELDHEYM CENTRAL LIBRARY IN THE CITY OF SAN BERNARDINO 4. City hereby promises and agrees with the said Contractor to employ, and does hereby employ the said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions above set forth; and the same parties for themselves, their heirs, executors, administrators, and assigns, do hereby agree to the full performance of the covenants herein contained. 5. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of said terms of said bid conflicting herewith. IN WITNESS WHEREOF, the parties of these present have hereunto set their hands the year and date first above written. CONTRACTOR CITY OF SAN BERNARDINO NAME OF FIRM: ! I MARINO R",CO..IMF, BY: -4 MARK SCOTT,City Manager City of San Bernardino BY.• —, +� TITLE: ATTEST: MAILING ADDRESS: Zl 1B 7 Q.B A-r-kv t a>, ST- . GffORGgkNN HAIWA, City Clerk �,zRNG� CA 92&q�,s Cg L.e, 2 R 55 q PHONE NO.:0I i)Q'-14-60-70 APPROVED AS TO FORM: D. SAENZ, City Attorney NOTE: Secretary of the Owner should attest. If Contractor is a corporation, Secretary should attest.