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HomeMy WebLinkAboutContracts & Agreements_45-2017 P UBLIC WORKS CONSTRUCTION CONTRACT This Public Works Construction contract ("Contract") made and entered into this 21" day of March, 2017, by and between the City of Redlands, a municipal corporation organized and existing under the laws of the State of California, (hereinafter "City"), and El Camino Asphalt Paving Corporation (hereinafter "Contractor") City and Contractor are sometimes individually referred to herein as a"Party" and, together, as the "Parties " In consideration of the mutual promises contained herein, City and Contractor agree as follows I SCOPE OF WORK: Contractor shall furnish all materials and perform all of the work for the following 16117 CDBG ALLEY PAVING IMPROVEMENTS, complete all items as required by the Contract Documents (as herein defined) and Specifications for City's 16117 CDBG ALLEY PAVING IMPROVEMENTS, Project No. 43062. 2 THE CONTRACT SUM City shall pay Contractor the sum of$115,000 as consideration for its performance of the Work in accordance with the terms and conditions set forth in the Contract Documents Pursuant to Public Contract Code Section 22300, Contractor has the option to deposit securities with an escrow agent as a substitute for retention of earnings requirement to be withheld by City pursuant to an escrow agreement as set forth in the Public Contract Code Section 22300 3 TIME FOR COMPLETION The Work shall be completed within 45 calendar days from and after the date of the delivery to Contractor of a written Notice to Proceed by City 4 LIQUIDATED DAMAGES- Contractor's failure to complete the work within the time allowed will result in damages being sustained by City Such damages are, and will continue to be, impracticable and extremely difficult to determine Accordingly, Contractor shall pay to City, or have withheld from monies due to Contractor, the sum of$500 for each consecutive calendar day in excess of the specified time for completion of Work Execution of the Contract shall constitute agreement by City and Contractor that $500 per day is the estimated damage to City caused by the failure of the Contractor to complete the Work within the allowed time Such sum is for liquidated damages and shall not be construed as a penalty, and may be deducted from payments due Contractor if such delay occurs 5 CONTRACT DOCUMENTS: This Contract includes all of the Contract documents set forth herein, to wit, Notice Inviting Bids, instructions to Bidders, Contractor's Proposal, Bid Bond, Agreement, Performance Bond, Labor and Material Bond, Plans, General Conditions, General Requirements, Technical Specifications, and any addenda thereto 6 ATTORNEYS' FEES In the event any legal action is commenced to enforce or interpret the terms or conditions of the Contract documents, the prevailing Party in such action, in addition to any costs and other relief, shall be entitled to recover its reasonable attorneys' fees, including fees for use of in-house counsel by a Party CD 1 7 RESOLUTION OF CONSTRUCTION CLAIMS• Claims by Contractor in the amount of $375,000 or less shall be made by Contractor and processed by the City pursuant to the provisions of Part 3, Chapter 1, Article 1.5 of the Public Contract Code (commencing with Section 20104) All claims shall be in writing and include the documents necessary to substantiate the claim. Nothing in subdivision (a) of Public Contract Code Section 20104 2 shall extend the time limit or supersede the notice requirements provided in this case from filing claims by Contractor 8 ELIGIBILITY OF CONTRACTOR/SUBCONTRACTOR: Contractor and all of its subcontractors shall abide by California Public Contract Code, Section 6109, and California Labor Code Sections 1777 1 and/or 1777 7, and certify that they are not debarred and are eligible to work on this project 9 ASSIGNMENT OF AGREEMENT- No assignment by a Party of any rights or interests under this Contract shall be binding on another Party without the written consent of the Party sought to be bound 10 SUCCESSORS AND ASSIGNS- City and Contractor each binds itself and their respective successors and assigns in respect to all covenants, agreements, and obligations contained in the Contract Documents 11 SEVERABILITY: Any provision or part of the Contract documents held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor CD 2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above City of Redlands (SEAL) (Owner) B�tm 6K" Mayor, City of Redlands, County of San Bernardino, California ATTEST• -'r� 9"Ae9� i Clerk, City of Redlands ounty of San Bernardino, California (SEAL) 114 Name of C tractor By JAqu Signatortho edAg d4 Ag /OLij ne w,-- Title Signature of Authorized Agent (if necessary) Title 7 q�� Contractor's License No CD 3 WORKER'S COMPENSATION INSURANCE CERTIFICATION Description of Contract City of Redlands Municipal Utilities & Engineering Department 16117 CDBG ALLEY PAVING IMPROVEMENTS, Project No 43062 Labor Code, Section 3700, provides, in part that "Every employer except the State shall secure the payment of compensation in one or more of the following ways (a) By being insured against liability to pay compensation in one or more insurer duly authorized to write compensation insurance in this State (b) By securing from the Director of Industrial Relations a certificate of consent to self- insure, elfEnsure, either as an individual employer, or as one employer in a group of employers which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract (Labor Code section 1861) Dated this %J-eS day of 2017 CI ao heia �av1r1G (0 X o ct ) J (Signa -PrP,6 i d,�,-v�/Ow o,-it (Official Title) (SEAL) (Labor Code Section 1861 provides that the above certificate must be signed and filed by the Contractor with the Owner prior to performing the work of the contract} CD 4 THE FINAL_ PREMIUM IS This bond was executed in PREDICATED ON THE Bond No Premium $3,450 P $3,450 00 two (2) identical counterparts FINAL CONTRACT PRICE FAITHFUL PERFORMANCE BOND Whereits, the City of Redlands ("City"), State of California, and El Camino Asphalt Paving Corporation (heruinafte€ designated as "Principal") have entered into an agreement dated ]March 21, 2p17 ("Agreement") whereby Principal agrees to install and complete certain public improvements (the "Work"), which said Agreement is identified as 16/17 CDBG ALLEY PA'G'ING IMPROVEMENTS, Pi meet No 43062 and Is hereby referred to and made a part hereof, and Whereas, said Pi incipal is required under the terms of the Agreement to furnish a bond for the faltiliul 1)erfol-111alice of the Agreement, now, therefore, we, the Principal and Developers Surety and Indemnity Company, as Surety, are held and firmly bound unto the City in the penaJ stint of One Hundied Fifteen Thousand Dollars ($115,000) lawful money of the United States, for the payment of which surn we bind ourselves, and our heirs, successors, executors and administrators,jointly and severally, fir mly by these presents The condition of this obligation is such that if the above bounded Piincipal, his o€ its heirs, executors, administrators, successors o€ assigns, shall in all things stand to and abide by, and well and truly keep and perform the c.ovenailts, conditions and provisions in the Agreement Mid any alteration theieof made as therein provided, on his o€ its part, to be kept and performed at the time and in the manner thezem specified, and in all respects according to their true intent and meaning, and shall faithfully fulfill the ane-y&€ guarantee of all materials and workinanship, and shall defend, indemilify and save harmless the City and its elected officials, officers, agents and employees, as therein stipulated, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect As a part of the obligation secured hereby anti in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incur rcd by the City in succkssfully enforcing such obligations, all to be taxes! as costs and included in the judgment rendered As a condition precedent to the satisfactory completion of the Agreement, the above obligation shall .hold good for a per rod of one (1) year of longe€ if required by the Agreement after the acceptance of the work by the City, duirng which time if the Principal shall fail to rnalce full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage made evident during this period fioin the date of completion of the Work, and resulting fion-i of caused by defective materials or fanalty workmanship, the above obligation in penal suns thereof shall remain in full force rind effect The obligations of Surety hereunder shall continue so long as any obligation of the Pi incipal remains Whenevei the Pi incipal shall be, and is declared by the City to be, in default under the Agreement, the City having performed the City obligations theieunder, the Surety shall promptly remedy the default, of shall pionlptly, at the City's option I Complete the Agreement in accordance with its te€n1s and conditions, or 2 Obtain a brei o€ bids foi completing the Agreement in accordance with its terms anti conditions, and upon determination by Surety of the lowest responsive, and responsible biddei arrange foi a contract between such bidder and the City, and mance available as work progresses sufficient funds to pay the cost of completion of the Work less the balance of the CD 5 Agreement price, but not exceeding, including other costs and damages for which Surety may be liable hereundei, the amount set forth above The term "balance of the Agreement price," as used in this paragraph, shall nnean the total amount payable to the Principal by the City under the Agreement and any modifications thereto, less the amount previously properly hard by the City to the Principal Surety expressly agrees that the City may reject any contractor of subcontractor which may be proposed by Surety in fulfillnnent of its obligations in the event of default by the Principal Surety shall not lit1hZe tine Prrncrptil in completing the Agreement nor shail Surety accept a bid from the Principal foi completion of the Work if the City, when declaring the Principal in default, notifies Surety of the City's objection to the Principal's further participation in the completion of the Work No right of action shall accrue on the bond to o€ for the use of any person or corporation other than the City named herein of the successors or assigns of the City Any suit under this bond must be instituted within the applicable statute of hrnitations period The said Surety, foi value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Wolk to be performed thereUrlder of the Specifications acconnpanying the same shall in any way affect its obligations on this bond, and it does hereby Waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the fork or to the specifications No final settlement between the City and the Principal shall abridge the right of any beneficiary her eundei whose claim may be unsatisfied The Principal and Surety agree that if the City is required to engage the services of any attorney in connection with the enforcement of this bond, each shall pay the City's reasonable attorneys' fees incurred, with or without sort, in addition to the above sum. In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on April 11 , 2017 (SEAQ,) (SEAL) El Camino halt Paving Qo6 ` Developers Suretv and Indemnitv Cornnanv (Cjor ract - •� : yiK, - f/ B�r U (Sign a a (S€gnat Attorney-in-Fact Address 500S Kraeme lvd Suite 300 (Sea] and Notarial Acknowledgement of Surety) Brea, CA 92821 Telep11OcIc ( 714 ) 794-5660 CD 6 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 4111117 before me, Susan Pugh Notary Public, Cate tnsert Name of Notary exactly as!t appears on the officcal seal personally appeared Arturo Ayala Name(s)of Signer(s) 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 helshe/they _ __ executed the same in his/her/their authorized capacity(les), SUSAN PUGH and that by his/her/their signature(s) on the Instrument the COMM #2165405 M person(s), or the entity upon behalf of which the person(s) Notary Pubflc-California acted, executed the instrument. ORANGE COUNTY a I cert) under PENALTY OF PERJURY under the laws of " My Coram Expires Apr 29,2019 fY the State of California that the foregoing paragraph is true and correct Witness my hand and official seal. Signature Place Notary Seal Above Signature of Notary Public S san Pugh OPTIONAL Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document Description of Attached Document i Title or Type of Document Faithful Performance Bond Document Date 4/11/17 Number of Pages Two Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name Arturo Avala Signer's Name ❑ Individual ❑ Individual ❑ Corporate officer Title(s) ❑ Corporate Officer —Title(s) ❑ Partner ❑Limited ❑General ❑ Partner ❑Limited❑General [� Attorney in Fact ;■- ❑ Attorney in Fact I RIGHT THUMBPRINT ❑ Trustee OF SIGNER ❑ Trustee OF SIGNER ❑ Guardian or Conservator Tap of thumb here ❑ Guardian or Conservator I Top of thumb here ❑ other ❑ Other Signer is Representing Signer is Representing 13oi-ld No 381176P POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725 IRVINE CA 92623 (949)263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each hereby make constitute and appoint ***Andrew Waterbury Shaunna Rozelle Ostrom,Michael Castaneda,Dwight Reilly Daniel Huckabay Arturo Ayala jointly or severally"" as their true and lawful Atlorney(s)-in Fact to make execute deliver and acknowledge for and on behalf of said corporations as sureties bonds undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do but reserving to each of said corporations full power of substitution and revocation and all of the acts of said Attarney(s)-in-Fact pursuant to these presents,are hereby ratified and confirmed This Power of Attorney is granted and is signed by facslmlle under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008 RESOLVED,that a combination of any two of the Chairman of the Board,the President,Executive Vice-President,Senior Vice-President or any Vice President of the corporations be and that each of them hereby is,authorized to execute this Power of Attorney,qualifying the attorneys)named in the Power of Attorney to execute on behalf of the corporations,bonds,undertakings and contracts of suretyship and that the Secretary or any Assistant Secretary of either of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney, RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond undertaking or contract of suretyship to which it is attached IN WITNESS WHEREOF DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this 6th day of February,2017 Byam'/ `y/ y AND/ d �-S OIN40�� Daniel Young,Senior Vice-President :. r -f,Fo�� a�p _ 1936 �_ �M f_1 W196 s �' BY ';b>3�.�gaa��� j Mark Lansdon,Vice-President 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 February 6 2017 hefore me Lucille Ramond,Nota Public Dale Nord Insall Ram and Title o e Officer personally appeared Daniel Young and Mark Lansdon Names)oI Slgnef(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)Islare subsorubed to the within instrument and acknowledged to me that helshellhey executed the same in hislherltheir authorized capacity(les),and that by hislherltheir signature(s)on the Instrument the person(s),or the entity upon behalf of LUCILLE RAYMOND which the parson(s)acted executed the Instrument Commission#2081946 =� Notary Public California I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is Orange County n true and correct My Comm Expires Oct 13 2018 WITNESS my hand and official seal yyl Place Notary Seal Above SignatureLucillnd Notary Pul3lic CERTIFICATE The undersigned as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA,does hereby certify that the foregoing Power of Attorney remains In full force and has not been revoked and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate This Certificate Is executed in the City of Irvine,Calilomia,this 11th day of April 2017 •-p1 r A"o INa'',,y �p1KPANr pe i yJ�.'�y,ORP01tip�:;4?r: 04tiPC}F�,�r C, 'a. 1936 i•• c OCT 5 b BY a :n: µt t4a7 Cassie J. rrisford AsststatSe tart' - 0. , �acrFoa Pdaa� 4��frFoPt'��>' ATS 1002(02117) THE FINAL PREMIUM IS This bond was executed in PREDICATED ON THE Bond No 381176P two(2) identical counterparts FINAL CONTRACT PRICE LABOR AND MATERIAL BOND Whereas, the; City Council of the City of Redlands, State of California, and El Canino Asphalt Paving Corporation (hereinaftei designated as "Piincipal") have entered into an agreement (the "Agreement") whereby Pi incipal agrees to install and complete certain designated ptiblic inip€-oven-ierrts (the "Woi-l("), which said agreement, dated March 21, 2017, and identified as 16/17 CDBG ALLEY PAVING IMPROVEMENTS, Pi oject No 43052 is hereby referred to and made a part hereof. and Whereas, undci the terms of the Agieement, Principal is rewired before commending the performance of the Work, to file a good and sufficient Laboi and Material bond with the City of Redlands to secure the claims to which reference is made in Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code of the State of California Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, material mien and other persons employed in the performance of the Agreement and referred to in the aforesaid Code of Civil Procedure, in the suin of One Hundred Fifteen Thousand Dollars ($115,000) for materials furnished of laboi thereon of any kind, o€ foi amounts due under the unemployment Insurance Act with respect to such woik or labor, that said surety will pay the same in an amount not exceeding the amount hei-ein�tbove set forth, and also in case slit is brought upon this bond, will pay in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the City in suCCeSsfUlly enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and Corporations entitled to file claims under Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code, so as to give a right ofaction to them o€ there assigns in any suit brought upon this bond Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect• The surety hereby stipulates and agrees that no change, extension of time, alteration of addMon to the terns of the Agreement or the specifications acLo€npanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of t€rne, alteration of addition CD 7 In witness whereof_ this mstrUnient hits been duly executed by the Principal and surety above named, on April 11 , 2017 (SEAL) (SEAL) El Cammo As alt Paving Corp Develope?500 d Inde tv Company t Conti a r Artu aa (Stbtiatut' orney-in-Fact AddressKraemer vd Suite 300 (Seal and Notarial Acicnowledge nnent of Surety) Brea CA 92821 Telephone ( 714 ) 784-5660 CD 8 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 4111117 before me, Susan Pugh Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Arturo Ayala Names)of Signer(s) who proved to me on the basis of satisfactory evidence to - _ -� be the person(s) whose name(s) is/are subscribed to the SUSAN PUGH within instrument and acknowledged to me that he/she/they Comm,#2385405 t, executed the same in his/her/their authorized capacity(ies), °! n and that by his/her/their signature(s) on the instrument the f` Notary Public-California a ORANGE COUNTY IL person(s), or the entity upon behalf of which the person(s) My Comm Expires Apr 29,201 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 se Signature Place Notary Seal Above Signature of Notary Publi usan Pugh OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document Description of Attached Document Title or Type of Document Labor and Material Bond Document Date 4/11117 Number of Pages- Two Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name Arturo Avala Signer's Name ❑ Individual ❑ Individual L❑ Corporate Officer—Titles) ❑ Corporate Officer Title(s) ❑ Partner ❑Limited ❑General ❑ Partner ❑Limited❑General d Attorney in Factwillim"MMM" ❑ Attorney In Fact I RIGHTTHUMBPRINT ❑ Trustee OF SIGNER ❑ Trustee OF SIGNER ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other ❑ Other Signer is Representing Signer is Representing A Bond No 3 S 1176P POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725 IRVINE CA 92623 (949)263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each hereby make,constitute and appoint. ***Andrew Waterbury, Shaunna Rozelle Ostrom, Michael Castaneda, Dwight Reilly, Daniel Huckabay,Arturo Ayala,jointly or severally'** as their true and lawful Attorney(s)an Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations as sureties bonds undertakings and contracts of suretyship giving and granting unto said Attorney(s)-in Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could de,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attomey(s)-in-Fact pursuant to these presents,are hereby ratified and confirmed This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA effective as of January ist 2008 RESOLVED that a combination of any two of the Chairman of the Board the President Executive Vice-President,Senior Mice-President or any Vice President of the corporations be,and that each of them hereby is authorized to execute this Power of Attorney,qualifying the attomey(s)named in the Power of Attorney to execute on behalf of the corporations bonds undertakings and contracts of suretyship and that the Secretary or any Assistant Secretary of either of the corporations be and each of them hereby is authorized to attest the execution of any such Power of Attorney RESOLVED FURTHER that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any band undertaking or contract of suretyship to which it is attached IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this 6th day of February 2017 ,, „ A� � ,, B a By r • r 4PQ� � Daniel Young,Senior Vice-President -w= 1936 �- zi OCT 5 1957 By ark Lansdon,Uce Presidenthaaao41FCqk�� y� ','/•h•yrnaµN 'k 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 accuracv,or validity of that document State of California County of Orange On Februa 6 2017 before me Lucille Ravmond notary Public Tai. Hera Insert Name a�Tile al TOM= personally appeared Daniel Young and Mark Lansdon Name(G)cl Signur(sI who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)!stare subscribed to the within instrument and acknowledged to me that helsheithey executed the same in histherltheir authorized capadly(ies),and that by hislheraelr signature(s)on the instrument the person(s) or the ontily upon behalf of LUCILLE RAY610tR1] which the person(s)acted executed the instrument Commission#2081945 z ,4 m Notary Public-California a I certify under PENALTY OF PERJURY under the lays of the State of California that the foregoing paragraph is z Orange County n true and correct. My Comm ExpOct 13 . WITNESS my hand and official seal I i1 iV Y� W W W ."W+, �yW J Place Notary Seal Above Signature QW7.44 Lucill R yiond,Notary Public CERTIFICATE 1s The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETYAND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA does hereby certify that the foregoing Power of Attorney remains In full force and has not been revoked and furthermore that the pfovlsions of the resolutions of the respective Boards of Directors of said corporations setforth in the Power of Attorney are in force as of the date of this Certificate This Certificate is executed in the City of Irvine,California,this 11th day of Am] 2017 PAs~✓Ypc yJ ,p4¢� j�2a�?� f4P£?.f�. Gi -+'/ y c Z 9 BY •moi 1936 '{- �e $ OCT 5 O Cassie J. tsford,Ass�Sary o �.s�•��crFca?�P'a.' ATS 1002(07117) COUNTY OF SAN BERNARDINO COMMUNITY DEVELOPMENT AND HOUSING LABOR COMPLIANCE CONTRACT ADDENDUM U S Department of Housing Federal Labor Standards Provisions and Urban Development Office of Labor Relations 1 Applicability The project or program to which the construction work covered by appropriate), a report of the action taken shall be sent by HUD or this contract pertains is being assisted by the United States of its designee to the Administrator of the Wage and Hour Division, America and the following Federal Labor Standards Provisions are Employment Standards Administration, U S Department of Labor, included in this Contract pursuant to the provisions applicable to Washington D C 20210 The Administrator or an authorized such federal assistance representative, will approve, modify, or disapprove every additional A 1 (i) Minimum Wages All laborers and mechanics employed or classification action within 30 days of receipt and so advise HUD working upon the site of the work will be paid unconditionally and or its designee or will notify HUD or its designee within the 30 day not less often than once a week, and without subsequent deduction period that additional time is necessary (Approved by the Office or rebate on any account (except such payroll deductions as are of Management and Budget under OMB control number 1215- permitted by regulations issued by the Secretary of Labor under the 0140 ) Copeland Act (29 CFR Part 3), the full amount of wages and bona (c) In the event the Contractor the laborers or mechanics to be fide fringe benefits (or cash equivalents thereof) due at time of employed in the classification or their representatives, and HUD or payment computed at rates not less than those contained in the its designee do not agree on the proposed classification and wage wage determination of the Secretary of Labor which is attached rate (including the amount designated for fringe benefits, where hereto and made a part hereof, regardless of any contractual appropriate), HUD or its designee shall refer the questions, relationship which may be alleged to exist between the Contractor including the views of all interested parties and the and such laborers and mechanics Contributions made or costs recommendation of HUD or its designee to the Administrator for reasonably anticipated for bona fide fringe benefits under Section determination The Administrator, or an authorized representative, I(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics will issue a determination within 30 days of receipt and so advise are considered wages paid to such laborers or mechanics subject HUD or its designee or will notify HUD or its designee within the 30 to the provisions of 29 CFR 5 5(a)(1)(iv), also, regular contributions day period that additional time is necessary (Approved by the made or costs incurred for more than a weekly period (but not less Office of Management and Budget under OMB Control Number often than quarterly) under plans, funds, or programs, which cover 1215-0140 ) the particular weekly period, are deemed to be constructively made (d) The wage rate (including fringe benefits where appropriate) or incurred during such weekly period determined pursuant to subparagraphs (1) (li)(b) or (c) of this Such laborers and mechanics shall be paid the appropriate wage paragraph shall be paid to all workers performing work in the rate and fringe benefits on the wage determination for the classification under this contract from the first day on which work is classification of work actually performed, without regard to skill, performed in the classification except as provided in 29 CFR 5 5(a)(4) Laborers or mechanics (iii) Whenever the minimum wage rate prescribed in the contract performing work in more than one classification may be for a class of laborers or mechanics includes a fringe benefit which compensated at the rate specified for each classification for the is not expressed as an hourly rate, the Contractor shall either pay time actually worked therein Provided that the employer's payroll the benefit as stated in the wage determination or shall pay records accurately set forth the time spent in each classification in another bona fide fringe benefit or an hourly cash equivalent thereof which work is performed The wage determination (including any (iv) If the Contractor does not make payments to a trustee or additional classification and wage rates conformed under 29 CFR other third person, the Contractor may consider as part of the 5 5(a)(1)(ii) and the Davis-Bacon poster (WH 1321) shall be posted wages of any laborer or mechanic the amount of any costs at all times by the Contractor and its Subcontractors at the site of reasonably anticipated in providing bona fide fringe benefits under the work in a prominent and accessible place where it can be a plan or program, provided, that the Secretary of Labor has found, easily seen by the workers upon the written request of the Contractor, that the applicable (ii) (a) Any class of laborers or mechanics which is not listed in the standards of the Davis Bacon Act have been met The Secretary wage determination and which is to be employed under the of Labor may require the Contractor to set aside in a separate contract shall be classified in conformance with the wage account assets for the meeting of obligations under the plan or determination HUD shall approve an additional classification and program (Approved by the Office of Management and Budget wage rate and fringe benefits therefore only when the following under OMB Control Number 1215-0140 ) criteria have been met 2 Withholding HUD or its designee shall upon its own action or (1) The work to be performed by the classification requested is not upon written request of an authorized representative of the performed by a classification in the wage determination, and Department of Labor withhold or cause to be withheld from the (2) The classification is utilized in the area by the construction Contractor under this contract or any other federal contract with industry, and the same prime Contractor or any other federally assisted (3) The proposed wage rate including any bona fide fringe contract subject to Davis-Bacon prevailing wage requirements, benefits, bears a reasonable relationship to the wage rates which is held by the same prime Contractor so much of the contained in the wage determination accrued payments or advances as may be considered necessary (b) If the Contractor and the laborers and mechanics to be to pay laborers and mechanics, including apprentices, trainees employed in the classification (if known) or their representatives and helpers, employed by the Contractor or any Subcontractor the and HUD or its designee agree on the classification and wage rate full amount of wages required by the contract In the event of (including the amount designated for fringe benefits where failure to pay any laborer or mechanic, including any apprentice. trainee or helper employed or working on the site of the work al or part Previous edition is obsolete Page 1 of 4 HUD 4010(0612009) ref Handbook 1344 1 of the wages required by the contract HUD or its designee may records without weekly submission to HUD or its designee after written notice to the Contractor, sponsor applicant or owner (Approved by the Office of Management and Budget under OMB take such action as may be necessary to cause the suspension of Control Number 1215 0149 ) any further payment advance or guarantee of funds until such (b) Each payroll submitted shall be accompanied by a "Statement violations have ceased HUD or its designee may, after written of Compliance,"signed by the Contractor or Subcontractor or his or notice to the Contractor, disburse such amounts withheld for and on her agent who pays or supervises the payment of the persons account of the Contractor or Subcontractor to the respective employed under the contract and shall certify the following employees to whom they are due The Comptroller General shall (1) That the payroll for the payroll period contains the information make such disbursements in the case of direct Davis Bacon Act required to be provided under 29 CFR 5 5 (a)(3)(ii), the contracts appropriate information is being maintained under 29 CFR 3 (i) Payrolls and basic records Payrolls and basic records 5 5(a)(3)(i)and that such information is correct and complete relating thereto shall be maintained by the Contractor during the (2) That each laborer or mechanic (including each helper course of the work preserved for a period of three years thereafter apprentice, and trainee) employed on the contract during the for all laborers and mechanics working at the site of the work Such payroll period has been paid the full weekly wages earned, records shall contain the name, address, and social security without rebate either directly or indirectly and that no deductions number of each such worker, his or her correct classification, hourly have been made either directly or indirectly from the full wages rates of wages paid (including rates of contributions or costs earned, other than permissible deductions as set forth in 29 CFR anticipated for bona fide fringe benefits or cash equivalents thereof of Part 3, the types described in Section I (b)(2)(B) of the Davis bacon Act), (3) That each laborer or mechanic has been paid not less than the daily and weekly number of hours worked, deductions made and applicable wage rates and fringe benefits or cash equivalents fo actual wages paid Whenever the Secretary of Labor has found the classification of work performed, as specified in the applicable: under 29 CFR 5 5 (a)(1)(N) that the wages of any laborer or wage determination incorporated into the contract mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section (c) The weekly submission of a properly executed certification se I(b)(2)(B) of the Davis Bacon Act, the Contractor shall maintain forth on the reverse side of Optional Form WH 347 shall satisfy the records which show that the commitment to provide such benefits is requirement for submission of the "Statement of Compliance enforceable, that the plan or program is financially responsible, and required by subparagraph A 3(ii)(b) that the plan or program has been communicated in writing to the (d) The falsification of any of the above certifications may subjec laborers or mechanics affected, and records which show the costs the Contractor or Subcontractor to civil or criminal prosecution anticipated or the actual cost incurred in providing such benefits under Section 1001 of Title 18 and Section 231 of Title 31 of thi Contractors employing apprentices or trainees under approved United States Code programs shall maintain written evidence of the registration of (iii) The Contractor or Subcontractor shall make the record apprenticeship programs and certification of trainee programs, the required under subparagraph A 3 (i) available for inspection registration of the apprentices and trainees, and the ratios and copying, or transcription by authorized representatives of HUD o wage rates prescribed in the applicable programs (Approved by its designee or the Department of Labor, and shall permit sucl the Office of Management and Budget under OMB Control representatives to interview employees during working hours of Numbers 1215-0140 and 1215-0017 ) the job If the Contractor or Subcontractor fails to submit the (ii) (a) The Contractor shall submit weekly for each week in which required records or to make them available HUD or its designe any contract work is performed a copy of all payrolls to HUD or its may, after written notice to the Contractor, sponsor, applicant c designee if the agency is a party to the contract, but if the agency is owner, take such action as may be necessary to cause thl not such a party, the Contractor will submit the payrolls to the suspension of any further payment advance or guarantee c applicant sponsor, or owner, as the case may be, for transmission to funds Furthermore, failure to submit the required records upoi HUD or its designee The payrolls submitted shall set out request or to make such records available may be grounds fc accurately and completely all of the information required to be debarment action pursuant to 29 CFR 5 12 maintained under 29 CFR 5 5(a)(3)(i) except that full social security 4 Apprentices and Trainees numbers and home addresses shall not be included on weekly (i)Apprentices Apprentices will be permitted to work at less tha transmittals Instead the payrolls shall only need to include an the predetermined rate for the work they performed when they ar, individually identifying number for each employee (e g ,the last four employed pursuant to and individually registered in a bona fid, digits of the employee's social security number The required apprenticeship program registered with the U S Department c weekly payroll information may be submitted in any form desired Labor, Employment and Training Administration, Office c Optional Form WH 347 is available for this purpose from the Wage Apprenticeship Training Employer and Labor Services or with and Hour Division Web site at State Apprenticeship Agency recognized by the Office or if httn/.",xk,w dol novlwhd fomi,;iwlil47mstr litm or its successor site person is employed in his or her first 90 days of probationar The prime Contractor is responsible for the submission of copies of employment as an apprentice in such an apprenticeship prograrr payrolls by all Subcontractors Contractors and subcontractors shall who is not individually registered in the program, but who has bee maintain the full social security number and current address of each certified by the Office of Apprenticeship Training, Employer an covered worker, and shall provide them upon request to HUD or its Labor Services or a State Apprenticeship Agency (wher designee if the agency is a party to the contract, but if the agency is appropriate) to be eligible for probationary employment as a not such a party, the sponsor, or owner, as the case may be, for apprentice The allowable ratio of apprentices to journeymen o transmission to HUD or its designee the contractor or the Wage the job site in any craft classification shall not be greater than th and Hour Division of the Department of Labor for purposes of an ratio permitted to the Contractor as to the entire work force undE investigation or audit of compliance with prevailing wage the registered program Any worker listed on a payroll at a requirements It is not a violation of this subparagraph for a prime apprentice wage rate,who is not registered or otherwise employe contractor to require a subcontractor to provide addresses and as stated above, shall be paid not less than the applicable wag social security numbers to the prime contractor for its own rate on the wage determination for the classification of work Previous edition obsolete Page 2 of 4 HUD 4010(0612009) ref Handbook 1344 actually performed In addition any apprentice performing work on 5 Compliance with Copeland Act requirements The the fob site in excess of the ratio permitted under the registered Contractor shall comply with the requirements of 29 CFR Part 3 program shall be paid not less than the applicable wage rate on the which are incorporated by reference in this contract wage determination for the work actually performed Where a 6 Subcontracts The Contractor or Subcontractor will insert in Contractor is performing construction on a project in a locality other any subcontracts the clauses contained in subparagraphs 1 than that in which its program is registered, the ratios and wage through 11 of this paragraph A and such other clauses as HUD or rates (expressed in percentages of the journeyman's hourly rate) its designee may by appropriate instructions require, and a copy of specified in the Contractor's or Subcontractor's registered program the applicable prevailing wage decision and also a clause shall be observed Every apprentice must be paid at not less than requiring the Subcontractors to include these clauses in any lower the rate specified in the registered program for the apprentice's tier subcontracts The prime Contractor shall be responsible for the level of progress, expressed as a percentage of the compliance by any Subcontractor or lower tier Subcontractor with journeymen hourly rate specified in the applicable wage all the contract clauses in this paragraph determination Apprentices shall be paid fringe benefits in 7 Contract termination, debarment A breach of the contract accordance with the provisions of the apprenticeship program If clauses in 29 CFR 5 5 may be grounds for termination of the the apprenticeship program does not specify fringe benefits, contract and for debarment as a Contractor and a Subcontractor as apprentices must be paid the full amount of fringe benefits listed on provided in 29 CFR 5 12 the wage determination for the applicable classification If the g Compliance with Davis-Bacon and Related Act Requirements Administrator determines that a different practice prevails for the All rulings and interpretations of the Davis-Bacon and Related Acts applicable apprentice classification fringes shall be paid in contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by accordance with that determination In the event the Office of reference in this contract Apprenticeship Training, Employer and Labor Services, or a State 9 Disputes concerning labor standards Disputes arising out o1 Apprenticeship Agency recognized by the Office withdraws the labor standards provisions of this contract shall not be subjecl approval of an apprenticeship program, the Contractor will no to the general disputes clause of this contract Such disputes shall longer be permitted to utilize apprentices at less than the applicable be resolved in accordance with the procedures of the Departmeni predetermined rate for the work performed until an acceptable of Labor set forth in 29 CFR Parts 5, 6, and 7 Disputes within the program is approved meaning of this clause include disputes between the Contractor(or (n) Trainees Except as provided in 29 CFR 5 16,trainees will not any of its Subcontractors) and HUD or its designee, the U S be permitted to work at less than the predetermined rate for the Department of Labor,or the employees or their representatives work performed unless they are employed pursuant to and 10 (1) Certification of Eligibility By entering into this contract the individually registered in a program which has received prior Contractor certifies that neither it (nor he or she) nor any person of approval evidenced by formal certification by the U S Department firm who has an interest in the Contractor's firm is a person or firrr of Labor, Employment and Training Administration The ratio of ineligible to be awarded Government contracts by virtue of Sectior trainees to journeymen on the job site shall not be greater than 3(a)of the Davis Bacon Act or 29 CFR 5 12(a)(1)or to be awardec permitted under the plan approved by the Employment and HUD contracts or participate in HUD programs pursuant to 24 CFR Training Administration Every trainee must be paid at not less part 24 than the rate specified in the approved program for the trainees level of progress, expressed as a percentage of the journeyman (u) No part of this contract shall be subcontracted to any persor hourly rate specified in the applicable wage determination Trainees or firm ineligible for award of a Government contract by virtue o shall be paid fringe benefits in accordance with the provisions of Section 3(a) of the Davis Bacon Act or 29 CFR 5 12(a)(1) or to be the trainee program If the trainee program does not mention fringe awarded HUD contracts or participate in HUD programs pursuan benefits, trainees shall be paid the full amount of fringe benefits to 24 CFR Part 24 listed on the wage determination unless the Administrator of the (m) The penalty for making false statements is prescribed in the Wage and Hour Division determines that there is an apprenticeship U S Criminal Code, 18 U S C 1001 Additionally U S Crimina program associated with the corresponding journeyman wage rate Code, Section 1 01 0, Title 18, U S C , "Federal Housinc on the wage determination which provides for less than full fringe Administration Transactions", provides in part "Whoever, for the benefits for apprentices Any employee listed on the payroll at a purpose of influencing in any way the action of such Administratior trainee rate, who is not registered and participating in a training makes, utters or publishes any statement knowing the same to be plan approved by the Employment and Training Administration false shall be fined not more than $5,000 or imprisoned not more shall be paid not less than the applicable wage rate on the wage than two years, or both" determination for the work actually performed In addition, any 11 Complaints, Proceedings, or Testimony by Employees N( trainee performing work on the job site in excess of the ratio laborer or mechanic to whom the wage, salary, or other labo permitted under the registered program shall be paid not less than standards provisions of this Contract are applicable shall be the applicable wage rate on the wage determination for the work discharged or in any other manner discriminated against by the actually performed In the event the Employment and Training Contractor or any Subcontractor because such employee has file( Administration withdraws approval of a training program, the any complaint or instituted or caused to be instituted any Contractor will no longer be permitted to utilize trainees at less proceeding or has testified or is about to testify in any proceedin( than the applicable predetermined rate for the work performed until under or relating to the labor standards applicable under thr an acceptable program is approved Contract to his employer (ili) Equal employment opportunity The utilization of B Contract Work Hours and Safety Standards Act The apprentices trainees and journeymen under 29 CFR Part 5 shall provisions of this paragraph B are applicable where the amount o be in conformity with the equal employment opportunity the prime contract exceeds$100 000 As used in this paragraph, the requirements of Executive Order 11246, as amended, and 29 CFR terms 'laborers and 'mechanics include watchmen and guards Part 30 Previous edition obsolete Page 3 of 4 HUD 4010(06/2009) ref Handbook 1344 (1) Overtime requirements No Contractor or Subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which the individual is employed on such work to work in excess of 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 40 hours in such workweek (2) Violation, liability for unpaid wages, liquidated damages In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the Contractor and any Subcontractor responsible therefore shall be liable for the unpaid wages In addition such Contractor and Subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory to such District or to such territory), for liquidated damages Such liquidated damages shall be computed with respect to each individual laborer or mechanic including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, 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 40 hours without payment of the overtime wages required by the clause set forth in sub paragraph (1)of this paragraph (3) Withholding for unpaid wages and liquidated damages HUD or its designee shall upon its own action or upon written request of an 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 USC 3701 et sea (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 subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions Previous edition obsolete Page 4 of 4 HUD 4010(0612009) ref Handbook 1344 SECTION 3 CLAUSE (Information for the Section 3 Report will be input on LCPtracker) 3-22 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 1701 u 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 protect 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 24 CFR 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 e 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 Created on 812112012, REV 5/2/2014 AFFIRMATIVE ACTION COMPLIANCE GUIDELINES FOR CONSTRUCTION AND NON-CONSTRUCTION CONTRACTORS Page 1 of 4 Created on 8121/2012, REV 5/2/2014 AFFIRMATIVE ACTION COMPLIANCE C Affirmative Action Plan requirements for NON- GUIDELINES FOR CONSTRUCTION AND CONSTRUCTION Contractors NON-CONSTRUCTION CONTRACTORS 1 All Contractors who have entered into a NON- CONSTRUCTION CONTRACT and who 1) do These Affirmative Action Compliance Guidelines have been business in the amount of $50 000 or more with designed to provide Contractors with information necessary the implementing entity in any one fiscal year to comply with Federal regulations found under Title 40, Part and, 2) employ 50 or more employees, must 60 of the Code of Federal Regulations It is the intent of develop a written Affirmative Action Program these guidelines to insure that equal opportunity for within 120 days after the contract award date employment is practiced by the Contractor without regard to race color sex religion national origin disability and 2 All Subcontractors rendering services or supplies veteran s status These guidelines provide the minimum to a Contractor in the amount of$50,000 or more information necessary to comply with EEO and affirmative and employ 50 or more employees must develop action requirements including the preparation of an a written Affirmative Action Program within 120 Affirmative Action Plan that complies with federal regulations days after the contract award date regarding Affirmative Action for federally-assisted projects Contractors are urged to contact the implementing entity or D Exemptions under 41 CFR 60 the U S Department of Labor's Office of Federal Contract The following persons/contracts shall be exempt from Compliance Programs (OFCCP) officer for any necessary this program technical assistance in meeting Affirmative Action requirements if they are considering bidding under this 1 A contract or contracts by a Contractor that do not contract exceed $10,000 in the aggregate over a 12-month I AFFIRMATIVE ACTION COMPLIANCE PROGRAM period A The Affirmative Action program embodies the 2 Contracts for Work outside the United following principals States 1 Discrimination because of race, color, age, sex, 3 State and Local Governments religion, national origin, marital status, disability, 4 Contracts with certain educational or veteran's status is inconsistent with the institutions constitution laws and policies of the United States, State of California and County of San 5 Work on or near Indian Reservations Bernardino 6 Specific contracts and facilities found 2 The implementing entity is committed to insuring exempt by that there be no discrimination by vendors Contractors (including professional services and 7 Deputy Assistant Secretary consultants), lessors, or lessees doing business with the implementing entity 8 National security contracts 3 Contractors and Subcontractors agree to take Any Contractor who feels qualified for an exemption should contact the local Contract Compliance Officer affirmative personnel actions to hire and promote or the U S Department of Labor's OFCCP Officer for workers who traditionally have been discriminated further information against in the lob market including women minorities members of certain ethnic and II SATISFYING AFFIRMATIVE ACTION PLAN religious groups, individuals with disabilities, and veterans A Affirmative Action Plan requirements for NON CONSTRUCTION Contractors can be met through the B Affirmative Action Step Requirements for following CONSTRUCTION Contractors and Subcontractors 1 Completing a Contract Compliance Qualifyinc 1 Personnel affirmative action in recruitment, hiring, Report for Non-construction Contractors anc and promotion is required by Contractor and Vendors, (refer to the form found in the"Additiona Subcontractors who have entered into a federally- Required Documents/Sample Documents" sectior assisted construction or non construction contract of Attachment 'D of the bid package) that exceed $10,000 or $10,000 in the aggregate over a 12-month period 2 Completing a Contractor's Affirmative Acttor Policy, including methods of recruiting minontiec 2 Contractors and Subcontractors who enter into a and women If the Contractor does not have it. CONSTRUCTION CONTRACT in excess of own Affirmative Action Policy, it may adopt the $10 000 must take 16 specific affirmative action County's model Affirmative Action Policy ((refer tc steps to ensure equal employment opportunity the form found in the "Additional Requirec These steps are included in 41 CFR 60-4 3 (a) (7) Documents/Sample Documents' section o and are also included under 'Standard Federal Attachment"D"of the bid package) Equal Employment Opportunity Construction Contract Specifications" of Attachment "D" of the 3 Following Federal Affirmative Action Plar bid package guidelines which comply with the requirements o 41 CFR 60 2 10 Page 2 of 4 DEFINITIONS 1 Has a physical or mental impairment, which Unless a provision of a contract otherwise requires certain substantially limits one or more of such person s words and phrases shall be defined as follows major life activities A "Affirmative Action" is a commitment to increase the 2 Has a record or such impairment, or number of minorities and women in the work force by setting employment goals and timetables, including 3 Is generally regarded as having such an action to achieve objectives Affirmative Action seeks impairment to ensure that discrimination is eliminated in dealings with employees or applicants for employment whether M "Implementing Entity" means public jurisdiction who is the discrimination is intentional or unintentional In administering the contract addition, Affirmative Action seeks to improve job standards and productivity through the removal of N "Minority"includes artificial and unnecessary barriers to employment and promotion and ensure that all job actions are related to 1 Black (all persons having origins in any Black job performance measures African racial groups not of Hispanic origin), B "Affirmative Action Plan" is a written affirmative plan required of Contractors and Subcontractors who have 2 Hispanic (all persons of Mexican Puerto Rican 50 or more employees and have entered into a Cuban Central or South American or other contract with the implementing entity that exceeds Spanish Culture or origin, regardless of race), $50,000, or $50,000 in contracts over a 12 month period 3 Asian or Pacific Islander (all persons having origins in any of the original peoples of the Far C Contract' means a federally-assisted purchase order, East, Southeast Asia, the Indian subcontinent or offer and acceptance, lease, agreement or other the Pacific Islands) arrangement creating an obligation to which the implementing entity is a party, which would make one 4 American India or Alaskan native (all persons of the parties within the definition a Contractor having origins in any of the native peoples of North America and maintaining identifiable tribal D "Construction" means the construction, rehabilitation, affiliations through membership and participation alteration, conversion extension demolition or repair in community identification) of buildings, highways or other changes or improvements to real property, including facilities O "Non construction Contract" means any contract that providing utility services does not fall within the definition of `Construction Contract" E "Contractor" means a prime Contractor or Subcontractor P `Officer means the Contract Compliance Officer of F "Covered Area" means the geographical area the implementing entity or U S Department of Labor described in the solicitation from which the contract Office of Federal Contract Compliance Program resulted, (OFCCP)Officer G "Director" means Director, OFCCP, U S> Dept of Q "Persons" means any individual firm co-partnership, Labor, or any person to whom the Director delegates public service, joint venture, association, social club, authority to fraternal organization, corporation estate trust receiver, syndicate CITY, county, municipal H "Employee" means one who performs work for corporation, district or other political subdivision, or compensation, or a person who is permanently or any other group or combination acting as a unit regularly employed by the Contractor or R "Underutilization" means having fewer minorities or Subcontractor women in a particular job classification than would I "Employer Identification Number" means the Federal reasonably be expected by their availability Social Security Number S `Vietnam-Era Veteran means a person who J "Handicapped Status"means any person who 1 Served on actual duty for a period of more thar 1 Has a physical or mental impairment, which 180 days, any part of which occurred betweer substantially limits one or more of such person's August 5, 1964, and May 7 1975 and wa: major life activities discharged or released therefrom with other thar a dishonorable discharge, or 2 Has a record or such impairment or, 2 Was discharged or released from active duty for 3 Is generally regarded as having such an service-connected disability if any part of suct impairment active duty was performed between August 5 1964,and May 7, 1975 K "Employer Identification Number" means the Federal Social Security Number, L "Handicapped Status" means any person who Page 3 of 4 T Violation and Appeal Procedure 3 Contractor agrees to fully comply with the laws and programs (including regulations issued pursuant thereto) 1 A Contractor found in violation of equal identified herein Such compliance is required to the opportunity/affirmative action laws will be referred extent such laws, programs and their regulations are, by to the U S Department of Labor's OFCCP their own terms applicable to this contract Contractor Division, and the Solicitor for Labor, Associate warrants that he will make himself thoroughly familiar Solicitor of labor Relations and Civil Rights with the applicable provisions of said laws, programs, Regional Solicitors and Regional Attorney are and regulations prior to commencing performance of the authorized to institute enforcement proceedings contract Copies of said laws, programs, and regulations by filing a compliant and serving that compliant to are available upon request from the implementing the Contractor (defendant) in accordance with entity's Contract Compliance Officer or from the U S procedures set forth in 41 CFR 60-30 5 The Department of Labor's OFCCP Officer to the extent complaint shall contain information on the alleged applicable the provisions of said laws programs and violation, a prayer regarding the relief being regulations are deemed to be a part of this contract as if sought, and the name and address of the attorney fully set forth herein representing the Government Within 20 days after receiving the complaint, the defendant shall 4 Vietnam Era Veterans Readjustment Assistance Acts of file an answer with the Chief Administrative Law 1972 and 1974, as amended Pub L 92-540, Title V, Judge if the case has not been assigned to an Sec 503(a) Pub L 93 508 Title IV Sec 402 (38 Administrative Lawludge USCA 2011-2013) 2 The answer shall contain a statement of the facts 5 Rehabilitation act of 1973 as amended (Handicapped) which constitute the ground of defense, and shall Pub 193-112 as amended (29 USCA 701-794) 1) specifically admit, explain or deny each of the allegations of the complaint unless the defendant 6 California Fair Employment Practice Act Labor Code is without knowledge, or 2) state that the Sec 1410 et seq defendant admits all the allegations contained in the complaint The answer may contain a waiver 7 Civil Rights Act of 1964, as amended (42 USCA 2000a for a hearing and if not, a separate paragraph in to 2000H-6)and Executive Order No 11246, September the answer shall request a hearing The answer 24 1965 as amended shall contain the name and address of the defendant or of the attorney representing the defendant Failure to file an answer or plead specifically to an allegation of the complaint shall constitute an admission of such allegation Page 4 of 4 Secretary of Labor pursuant thereto and will permit EQUAL OPPORTUNITY CLAUSES access to his books, records, and accounts by the administering agency and Secretary of Labor for The Contractor and Subcontractors not found purposes of investigation to ascertain compliance with exempt under 41 CFR 60-15, are required to such rules, regulations, and orders comply with the following equal opportunity (6) In the event of the Contractor's noncompliance with clauses as a condition of being awarded a the nondiscrimination clauses of this contract or with federally-assisted contract Each nonexempt any of such rules, regulations or orders this contract prime Contractor shall Include equal employment may be canceled, terminated or suspended in whole opportunity clauses in each of its nonexempt or in part and the Contractor may be declared Subcontractors. ineligible for further Government contracts in accordance with procedures authorized in Executive EQUAL OPPORTUNITY CLAUSE FOR Order 11246 of September 24 1965 and such other FEDERALLY-ASSISTED CONSTRUCTION sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, CONTRACTS 1965 or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law This clause is inserted pursuant to Executive Order 11246 of September 24 1965 as amended and Title VII of the Civil (7) The Contractor will include the provisions of Rights Act of 1964 and is applicable pursuant to 41 CFR paragraphs (1) through (7) in every subcontract or Sec 60-1 4 The following requirements apply to Contractors purchase order unless exempted by rules regulations and Subcontractors or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September (1) The Contractor will not discriminate against any 24, 1965, so that such provisions will be binding upon employee or applicant for employment because of each Subcontractor or vendor The Contractor will race, color, religion, sex, or national origin The take such action with respect to any subcontract or Contractor will take affirmative action to ensure that purchase order as the contracting agency may direct applicants are employed and that employees are as a means of enforcing such provisions, including treated during employment without regard to their sanctions for noncompliance Provided however that race, color, religion, sex, national origin Such action in the event the Contractor becomes involved in, or is shall include, but not be limited to the following threatened with, litigation with a Subcontractor or Employment, upgrading, demotion, or transfer, vendor as a result of such direction by the contracting recruitment or recruitment advertising layoff or agency, the Contractor may request the United States termination, rates of pay or other forms of to enter into such litigation to protect the interests of compensation and selection for training including the United states apprenticeship The Contractor agrees to post in conspicuous places, available to employees and The applicant further agrees that it will be bound by applicants for employment, notices to be provided by the above equal opportunity clause with respect to its the contracting officer setting forth the provisions of own employment practices when it participates in this nondiscrimination clause federally assisted construction work provided that if the applicant so participating is a state or local (2) The Contractor will, in all solicitations or government, the above equal opportunity clause is advertisements for employees placed by or on behalf not applicable to any agency, instrumentality or of the Contractor state that all qualified applicants will subdivision of such government which does not receive consideration for employment without regard participate in work on or under the contract to race,color, religion,sex, or national origin The applicant agrees that it will assist and cooperate (3) The Contractor will send to each labor union or actively with the administering agency and the representative of workers with which he has a Secretary of Labor in obtaining the compliance of collective bargaining agreement or other contract or Contractors and Subcontractors with the equa' understanding a notice to be provided by the agency opportunity clause and the rules, regulations, anc contracting officer advising the labor union or relevant orders of the Secretary of Labor, that it wil workers' representative of the Contractor's furnish the administering agency and the Secretary o commitments under Section 202 of Executive Order Labor in obtaining the compliance of Contractors anc 11246 of September 24, 1965, and shall post copies Subcontractors with the equal opportunity clause anc of the notice in conspicuous places available to the rules regulations and relevant orders of the employees and applicants for employment Secretary of Labor,that it will furnish the administennc agency and the Secretary of Labor such informatior (4) The Contractor will comply with all provisions of as they may require for the supervision of suet Executive Order 11246 of September 24 1965 and of compliance, and that it will otherwise assist the the rules, regulations, and relevant orders of the administering agency in the discharge of the agency': Secretary of Labor primary responsibility for securing compliance (5) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24 1965, and by rules, regulations and orders of the Page 1 of 8 The applicant further agrees that it will refrain from listed at an appropriate local office of the State entering into any contract or contract modification Employment Service System wherein the opening subject to Executive Order 1124 of September 24, occurs The ConWytractor further agrees to provide 1965, with a Contractor debarred from, or who has such reports to such local office regarding not demonstrated eligibility for Government employment openings and hires as may be contracts and federally assisted construction required contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation (3) Listings of employment openings with the of the equal opportunity clause as may be imposed employment service system pursuant to this clause upon Contractors and Subcontractors by the shall be made at least concurrently with the use of administering agency or the Secretary of Labor any other recruitment source or effort and shall pursuant to Part ll, Subpart D of the Executive involve the normal obligations which attach to the Order In addition the applicant agrees that if it fails placing of a bona fide job order including the or refuses to comply with these undertakings, the acceptance of referrals of veterans and non administering agency may take any or all of the veterans The listing of employment openings does following actions Cancel, terminate, or suspend in not require the hiring of any particular job applicant whole or in part this grant(contract, loan, insurance, or from any particular group of lob applicants, and guarantee), refrain from extending any further nothing herein is intended to relieve the Contractor assistance to the applicant under the program with from any requirements in Executive Orders or respect to which the failure or refund occurred until regulations regarding nondiscrimination in satisfactory assurances of future compliance has employment been received from such applicant, and refer the (4) The reports required by paragraph (2) of this clause case to the Department of Justice for appropriate shall include but not be limited to periodic reports legal proceedings which shall be filed at least quarterly with the In addition to the above, Contractor will agree to appropriate local office or, where the Contractor has furnish all information and reports, including more than one hiring location in a State, with the Standard form EEO 1, if applicable, to the US central office of that State Employment Service Equal Employment Opportunity Commission Such reports shall indicate for each hiring location (EEOC) and the U S Department of Labor's (a) the number of individuals hired during the OFCCP, as required by Executive Order No 11246 reporting period, (b) the number of non disabled of September 24 1965 veterans of the Vietnam Era hired (c)the number of disabled veterans of the Vietnam Era hired, and (d) EQUAL OPPORTUNITY CLAUSE FOR the total number of disable veterans hired The SPECIAL DISABLED VETERANS reports shall include covered veterans hired for on- the fob training under 38 USC Sec 1787 The AND VETERANS OF THE VIETNAM ERA Contractor shall submit a report within 30 days after the end of each reporting period wherein any This clause is inserted pursuant to Executive Order 11701 of performance is made on this contract identifying January 24 1973 and the Vietnam Era Veterans data for each hiring location The Contractor shall Readjustment Assistance Acts of 1972 and 1974 (P L 92 maintain at each hiring location, copies of the 540, 93-508), and is applicable pursuant to 41 CFR Sec 60- reports submitted until the expiration of one year 250 after final payment under the contract, during which time these reports and related documentation shall (1) The Contractor will not discriminate against any be made available upon request for examination employee or applicant for employment because he by any authorized representatives of the contracting or she is a disabled veteran or veteran of the officer or of the Secretary of Labor Documentation Vietnam Era in regard to any position for which the would include personnel records respecting job employee or applicant for employment is qualified openings, recruitment and placement The Contractor agrees to take affirmative action to employ advance in employment and otherwise treat (5) Whenever the Contractor becomes contractually qualified disabled veterans and veterans of the bound to the listing provisions of this clause, it shall Vietnam Era without discrimination based upon their advise the employment service system in each disability or veterans status in all employment State where it has establishments of the name and practices such as the following employment, location of each hiring location in the State As long upgrading, demotion or transfer, recruitment, as the Contractor is contractually bound to these advertising layoff or termination, rates of pay or provisions and has so advised the State system. other forms of compensation, and selection for there is no need to advise the State system of training including apprenticeship subsequent contracts The Contractor may advise the State system when it is no longer bound by thi. (2) The Contractor agrees that all suitable employment contract clause openings of the Contractor which exist at the time of the execution of this contract and those which occur (6) This clause does not apply to the listing o during the performance of this contract, including employment openings, which occur and are filler those not generated by this contract and including outside of the 50 States, the District of Columbia those occurring at an establishment of the Puerto Rico, Guam and the Virgin Islands Contractor other than the one wherein the contract is being performed but excluding those of independently operated corporate affiliates, shall be Page 2 of 8 (7) The provisions of paragraphs (2), (3), (4) and (5) of Contractor and representatives of his this clause do not apply to openings which the employees Contractor proposes to fill from within his own organization or to fill pursuant to a customary and (g) The Contractor agrees to comply with the rules, traditional employer - union hiring arrangement regulations and relevant orders of the Secretary of This exclusion does not apply to a particular Labor issued pursuant to the Act opening once an employer decides to consider applicants outside of his own organization or (1 G) In the event of the Contractor's noncompliance with employer-union arrangement for that opening the requirements of this clause, actions for (8) As used in this clause noncompliance may be taken in accordance with the rules regulations and relevant orders of the a "All suitable employment openings" includes Secretary of Labor issued pursuant to the Act but is not limited to, openings which occur in the following job categories production and (11) The Contractor agrees to post in conspicuous non-production plant and office laborers and places available to employees and applicants for mechanics, supervisory and non supervisory, employment, notices in a form to be prescribed by technical, and executive, administrative and the Director, provided by or through the contracting professional openings as are compensated on officer Such notices shall state the Contractor's a salary basis of less than $25,000 per year obligation under the law to take affirmative action to The term includes full time employment employ and advance in employment qualified temporary employment of more than three disabled veterans and veterans of the Vietnam Era days duration, and part-time employment It for employment, and the rights of applicants and does not include openings which the employees Contractor proposes to fill from within his own organization or to fill pursuant to a customary (12) The Contractor will notify each labor union or and traditional employer - union hiring representative of workers with which it has a arrangement or openings in an educational collective bargaining agreement or other contract institution which are restricted to students of understanding, that the Contractor is bound by the that institution Cinder most compelling terms of the Vietnam Era Veterans' Readjustment circumstances an employment opening may Assistance Act, and is committed to take affirmative not be suitable for listing including such action to employ and advance in employment situations where the needs of the Government qualified disabled veterans and veterans of the cannot reasonably be otherwise supplied, Vietnam Era where listing would be contrary to national security, or where the requirement of listing (13) The Contractor will include the provisions of this would otherwise not be for the best interest of clause in every subcontract or purchase order of the Government $10,000 or more unless exempted by rules regulations or orders of the Secretary issued b "Appropriate office of the State Employment pursuant to the Act, so that such provisions will be Service System' means the local office of the binding upon each Subcontractor or vendor The federal - state national system of public Contractor will take such action with respect to any employment offices with assigned subcontract or purchase order as the Director of the responsibility for serving the area where the Office of Federal Contract Compliance Programs employment opening is to be filled including may direct to enforce such provisions, including the District of Colombia, Guam, Puerto Rico action for noncompliance and the Virgin Islands (14) Collective bargaining agreement or other contract understanding that the Contractor is bound by the c "Openings which the Contractor proposes iterms of the Vietnam Era Veterans' Readjustment fill from within his own organization meanss Assistance Act, and is committed to take affirmative employment openings for which action to employ and advance in employment consideration will be given to persons outside qualified disabled veterans and veterans of the the Contractors organization (including any Vietnam Era affiliates, subsidiaries and the parent companies) and includes any openings which (15) The Contractor will include the provisions of thi= the Contractor proposes to fill from regularly clause in every subcontract or purchase order of established"recall"lists $10,000 or more unless exempted by rules. regulations or orders of the Secretary issues d Openings which the Contractor proposes to pursuant to the Act so that such provisions will be fill pursuant to a customary and traditional binding upon each Subcontractor or vendor The employer - union hiring arrangement" means Contractor will take such action with respect to any employment openings which the Contractor subcontract or purchase order as the Director of the proposes to fill from union halls which is part Office of Federal Contract Compliance Program; of the customary and traditional hiring may direct to enforce such provisions, includinc relationship which exists between the action for noncompliance Page 3 of 8 EQUAL OPPORTUNITY CLAUSE FOR (4) The Contractor agrees to post in conspicuous WORKERS WITH DISABILITIES places, available to employees and applicants for employment, notices in a form to be prescribed by This clause is inserted pursuant to the Rehabilitation Act of the Director provided by or through the contracting 1973(P L 93-112)and 41 CFR Sec 60-741 4 officer (1) The Contractor will not discriminate against any (5) Such notices shall state the Contractor's obligation employee or applicant for employment because of under the law to take affirmative action to employ physical or mental handicap in regard to any and advance in employment qualified handicapped position for which the employee or applicant for employees and applicants for employment, and the employment is qualified The Contractor agrees to rights of applicants and employees take affirmative action to employ, advance in employment and otherwise treat qualified (6) The Contractor will notify each labor union or handicapped individuals without discrimination representative of workers with which it has a based upon their physical or mental handicap in all collective bargaining agreement or other contract employment practices such as the following understanding, that the Contractor is bound by the terms of Section 503 of the Rehabilitation Act of employment, upgrading demotion or transfer recruitment, advertising, layoff or termination, rates 1973 and �s committed to take affirmative action to of pay or other forms of compensation and employ and advance in employment physically and selection for training including apprenticeship mentally handicapped individuals (2) The Contractor agrees to comply with the rules, (7) The Contractor will include the provisions of this regulations and relevant orders of the Secretary of clause in every subcontract or purchase order of Labor issued pursuant to the Act $2,500 00 or more unless exempted by rules, regulations or orders of the Secretary issued (3) In the event of the Contractor's non compliance with pursuant to Section 503 of the Act, so that such the requirements of this clause, actions for provisions will be binding upon each Subcontractor noncompliance may be taken in accordance with or vendor The Contractor will take such action with the rules, regulations and relevant orders of the respect to any subcontract or purchase order as the Secretary of Labor issued pursuant to the Act Director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions,including action for noncompliance Page 4 of 8 STANDARD FEDERAL EQUAL unions participating in the Plan Contractors must be EMPLOYMENT OPPORTUNITY able to demonstrate their participation in and CONSTRUCTION CONTRACT PROVISIONS compliance with the provisions of any such Hometown Plan Each Contractor or Subcontractor (EXECUTIVE ORDER 11246, PURSUANT TO participating in an approved Plan is individually 41 CFR 60-4 3 (a) required to comply with its obligations under the EEO clause and to make a good faith effort to achieve 1 As used in these specifications each goal under the Plan in each trade in which it has employees The overall good faith performance a "Covered area" means the geographical area by other Contractors or Subcontractors toward a goal described in the solicitation from which this in an approved Plan does not excuse any covered contract resulted, Contractor's or Subcontractor's failure to take good faith efforts to achieve Plan goals and timetables b `Director means Director, Office of Federal Contract Compliance Programs United States 4 The Contractor shall implement the specific Department of Labor, or any person to whom the affirmative action standards provided in paragraphs Director delegates authority, 7a through p of these specifications The goals set forth in the solicitation from which the contract c Employer identification number' means the resulted are expressed as percentages of the total Federal Social Security number used on the hours of employment and training of minority and Employer's Quarter Federal Tax Return U S female utilization the Contractor should reasonable Treasury Department form 941 the able to achieve in each construction trade in which it has employees in the covered area d "Minority"includes Covered construction Contractors performing construction work in geographical areas where they (i) Black (all persons having origins in any of do not have a federal or federally assisted the Black African racial groups not of construction contract shall apply the minority and Hispanic origin), female goals established for the geographical area where the work is being performed Goals are (it) Hispanic (all persons of Mexican, Puerto published periodically in the FEDERAL REGISTER Rican, Cuban Central or South American or in notice form, and such notices may be obtained other Spanish Culture or origin, regardless from any Office of Federal Contract Compliance of race), programs Office or from federal procurement contracting officers The Contractor is expected to (m) Asian and Pacific Islander (all persons make substantially uniform progress in meeting its having origins in any of the original peoples goals in each craft during the period specified of the Far East, Southeast Asia, the Indian Subcontinent,or the Pacific Islands), and 5 Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the (iv) American Indian or Alaskan Native (all Contractor has a collective bargaining agreement to persons having origins in any of the original refer either minorities or women shall excuse the peoples of North America and maintaining Contractor's obligations under these specifications, identifiable tribal affiliations through Executive Order 11246 or the regulations membership and participation or community promulgated pursuant thereto identification) 6 In order for the nonworking training hours of 2 Whenever the Contractor or any Subcontractor at apprentices and trainees to be counted in meeting any tier, subcontracts a portion of the work involving the goals such apprentices and trainees must be any construction trade, it shall physically include in employed by the Contractor during the training each subcontract in excess of$10 000 the provisions period and the Contractor must have made of these specifications and the Notice which contains commitment to employ the apprentices and trainees the applicable goals for minority and female at the completion of their training, subject to the participation and which is set forth in the solicitations availability of employment opportunities Trainees from which this contract resulted must be trained pursuant to training programs approved by the U S Department of Labor 3 If the Contractor is participating (pursuant to 41 CFR 60-4 5) in a Hometown Plan approved by the U S 7 The Contractor shall take specific affirmative actions Department of Labor in the covered area either to ensure equal employment opportunity The individually or through an association, its affirmative evaluation of the Contractor's compliance with these action obligations on all work in the Plan area specifications shall be based upon its effort to (including goals and timetables) shall be in achieve maximum results from its actions The accordance with the plan for those trades which have Contractor shall document these efforts fully, and Page 5 of 8 shall implement affirmative action steps at least as employment needs, especially those extensive as the follow 16 steps programs funded or approved by the Department of Labor The Contractor a Ensure and maintain a working shall provide notice of these programs environment free of harassment to the sources compiled under 7b intimidation, and coercion at all sites, above and in all facilities at which the Contractor's employees are assigned f Disseminate the Contractor's EEO to work The Contractor shall policy by providing notice of the policy specifically ensure that all foremen to unions and training programs and superintendents, and other on site requesting their cooperation in supervisory personnel are aware of and assisting the Contractor in meeting its carry out the Contractor's obligation to EEO obligations by including it in any maintain such a working environment, policy manual and collective bargaining with specific attention to minority or agreement, by publicizing it in the female individuals working at such sites company newspaper annual report or in such facilities etc, by specific review of the policy with all management personnel and b Establish and maintain a current list of with all minority and female employees minority and female recruitment at least once a year, and by posting the sources provide written notification to company EEO policy on bulletin boards minority and female recruitment accessible to all employees that each sources and to community location where construction work is organizations when the Contractor or performed its unions have employment opportunities available and maintain a 9 Review, at least annually, the record of the organizations responses company's EEO policy and affirmative action obligations under these c Maintain a current file of the names specifications with all employees addresses and telephone numbers of having any responsibility for hiring, each minority and female off the-street assignment, layoff, termination or other applicant and minority or female employment decisions including referral from a union, a recruitment specific review of these items with source or community organization and onsite supervisory personnel such as of what action was taken with respect Superintendents, General Foremen, to each such individual If such etc, prior to the initiation of individual was sent to the union hiring construction work at any job site A hall for referral and was not referred written record shall be made and back to the Contractor by the union or, maintained identifying the item and if referred, not employed by the place of these meetings persons Contractor, this shall be documented in attending, subject matter discussed, the file with the reason therefore along and disposition of the subject manner with whatever additional actions the Contractor may have taken h Disseminate the Contractor's EEO policy externally by including it in any d Provide immediate written notification advertising in the news media, to the Director when the union or specifically including minority and unions bargaining agreement has not female news media, and providing referred to the Contractor a minority written notification to and discussing person or woman sent by the the Contractor's EEO policy with other Contractor, or when the Contractor has Contractors and Subcontractors with other information that the union referral whom the Contractor does or process has impeded the Contractor's anticipates doing business efforts to meet its obligations I Direct its recruitment efforts, both oral e Develop on-the job training and written, to minority female and opportunities and/or participate in community organizations, to schools training programs for the area which with minority and female students and expressly include minorities and to minority and female recruitment and women including upgrading programs training organizations serving the and apprenticeship and trainee Contractor's recruitment source the programs relevant to the Contractors Contractor shall send written Page 6 of 8 notification to organizations such as the community or other similar group of which the above, describing the openings, Contractor is a member and participant may be screening procedures and tests to be asserted as fulfilling any one or more of its used in the selection process obligations provided that the Contractor actively participates in the group, makes every effort to Encourage present minority and female assure that the group has a positive impact on employees to recruit other minority the employment of minorities and women in the persons and women and, where industry, ensures that the concrete benefits of reasonable provide after school the program are reflected in the Contractor's summer and vacation employment to minority and female workforce participation minority and female youth both on the makes a good faith effort to meet its individual site and in other areas of a Contractor's goals and timetables and can provide access to work force documentation, which demonstrates the effectiveness of actions taken on behalf of the k Validate all tests and other selection Contractor The obligation to comply, however, requirements where there is an is the Contractor's and failure of such a group to obligation to do so under 41 CFR Part fulfill an obligation shall not be a defense for the 60-3 Contractors noncompliance I Conduct at least annually an inventory g A single goal for minorities and a separate single and evaluation at least of all minor8ty goal for women have been established The and female personnel for promotional Contractor, however, is required to provide opportunities and encourage these equal employment opportunity and to take employees to seek or to prepare for, affirmative action for all minority groups, both through appropriate training etc such male and female and all women both minority opportunities and non minority Consequently, the Contractor M Ensure that seniority practices job may be in violation of the executive order if a particular group is employed in a substantially classifications, work assignments and disparate manner (for example, even though the other personnel practices, do not have Contractor has achieved its goals for women a discriminatory effect by continually monitoring all personnel and generally, the Contractor may be in violation of the Executive Order if a specific minority group employment related activities to ensure of women is underutilized) that the EEO policy and the Contractor's obligations under these 10 The Contractor shall not use the goals and specifications are being carried out timetables or affirmative action standards to n Ensure that all facilities and company discriminate against any person because of race color religion sex or national origin activities are non segregated except that separate or single user toilet and 11 The Contractor shall not enter into any necessary changing facilities shall be Subcontract with any person or firm debarred provided to assure privacy between the from Government contracts pursuant to sexes Executive Order 11246 o Document and maintain a record of all 12 The Contractor shall carry out such solicitations of offers for subcontracts sanctions and penalties for violation of these from minority and female construction specifications and of the Equal Opportunity Contractors and suppliers, including Clause, including suspension, termination and circulation of solicitations to minority cancellation of existing subcontracts as may be and female Contractor associations imposed or ordered pursuant to Executive Order and other business associations 11246, as amended, and its implementing p Conduct a review, at least annually, of regulations by the Office of Federal Contract all supervisors, adherence to and Compliance Programs Any Contractor who fails performance under the Contractor's to carry out such sanctions and penalties shall EEO policies and affirmative action be in violation of these specifications and obligations Executive Order 11246,as amended 8 Contractors are encouraged to participate in 13 The Contractor, in fulfilling its obligations under voluntary associations which assist in fulfilling these specifications, shall implement specific one or more of their affirmative action affirmative action steps at least as extensive as obligations (7a— p) The efforts of a Contractor those standards prescribed in paragraph 7 of association joint Contractor union Contractor- these specifications, so as to achieve maximum Page 7 of 8 results from its efforts to ensure equal which establish different standards of employment opportunity If the Contractor fails to compliance or upon the application of comply with the requirements of the Executive requirements for the hiring of local or other area Order the implementing regulations or these residents (e g those under the Public Works specifications, the director shall proceed in Employment Act of 1977 and the Community accordance with 41 CRF 60-4 6 Development Block Grant Program) 14 The Contractor shall designate a responsible a) The notice set forth in 41 CFR 60 4 2 and official to monitor all employment related activity the specifications set forth in 41 CFR 60-4 3 to ensure that the company EEO policy is being replace the New Form for Federal Equal carried out, to submit reports relating to the Employment Opportunity Bid conditions for provisions hereof as may be required by the Federal and federally Assisted Construction Government and to keep records Records shall published at 41 CFR 32482 and commonly at lease include for each employee the name, known as the Model Federal EEO Bid address, telephone numbers, construction trade, Conditions, and the New Form shall not be union affiliation if any, employee identification used after the regulations in 41 CFR Part number when assigned social security number 60-4 become effective race sex status (e g , mechanic, apprentice trainee, helper, or laborer) dates of changes in Minority Goals status, hours worked per week in the indicated The goal for the utilization of women employees on trade, rate of pay, and locations at which the federally-assisted construction contracts is set at 6 9% work was performed Records shall be maintained in an easily understandable and The goal for utilization of minorities, based on the retrievable form, however, to the degree that Standard metropolitan Statistical Area (SMSA) for existing records satisfy this requirement, Riverside/San Bernardino County is 19% Contractors shall not be required to maintain separate records For additional information on these goals please contact the OFCCP-Pacific Region at(415)848 6969 15 Nothing herein provided shall be construed as a limitation upon the application of other laws Page 8 of 8 CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS (Applicable to federally assisted construction contracts and related subcontracts exceeding $100 000) During the performance of this Contract, the Contractor and all Subcontractors shall comply with the requirements of the Clean Air act, as amended, 42 U S C 1857 et seq , the Federal Water Pollution Control Act, as amended, 33 U S C 1251 et seq , and the regulations of the Environmental Protection Agency with respect thereto at 40 CFR Part 15, as amended In addition to the forgoing requirements, all nonexempt Contractors and Subcontractors shall furnish to the owner, the following (1) A stipulation by the Contractor or Subcontractors, that any facility to be utilized in the performance of any nonexempt Contract or subcontract, is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15 20 (2) Agreement by the Contractor to comply with all requirements of Section 114 of the Clean Air Act, as amended, (42 U S C 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 U S C 1318) relating to inspection, monitoring entry, reports and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder (3) A stipulation that as a condition for the award of the Contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized, or to be utilized for the Contract, is under consideration to be listed on the EPA List of Violating Facilities (4) Agreement by the Contractor to include, or cause to be included, the criteria and requirements in paragraph (1) through (3) of this section in every nonexempt subcontract and requiring that the Contractor will take such action as the Government may direct as a means of enforcing such provisions Created on 8/2112012, REV 5/2/2014 LABOR COMPLIANCE REQUIREMENTS Davis-Bacon and Related Acts The Prime Contractor is responsible for ensuring all Subcontractor(s) and lower-tier Subcontractor(s) compliance with all requirements of Davis-Bacon and Related Acts (DBRA) The Federal Labor Standards Provisions (HUD 4010) apply to this project and are attached A copy of the Federal Prevailing Wage Decision, (and upon request the State Wage Decision) the date of which reflects the latest applicable modification at the time of this bid advertisement is included in the Contract Documents and Specifications Bidders shall be notified, via Addendum, of modifications, if any, which supersede that modification included herein, up until a minimum of ten days prior to the actual Bid Opening for this project A weekly Certified Payroll Report (CPR) is required during the term of construction on the project Payment(s) of invoice(s) for this project may be delayed when CPRs are not submitted weekly The CITY/COUNTY shall make progress payments on any properly completed payment request submitted by the Prime Contractor The payment request shall not be approved unless all CPRs for the project submitted through LCPtracker have been approved and accepted for each week worked during the time period covered by said payment request LCPtracker: As permitted by the Department of Labor (DOL), The Department of Housing and Urban Development (HUD), and Title 8, section 16404 of the California Code of Regulations, the Prime Contractor and each Subcontractor and every lower-tier Subcontractor subject to DBRA are allowed to submit CPRs electronically via LCPtracker LCPtracker is a web-based system The Prime Contractor and Subcontractors and lower-tier Subcontractors will receive an email from LCPtracker providing their IOq-On idenhfication and temporary password The Contractors will need to follow the instructions in the email to set-up their permanent password and activate their account Once their account is setup, LCPtracker Inc provides two convenient training options Option 1 Comouter-Based Trasninq Courses Pre-recorded videos can be viewed at any time by logging into the LCPtracker website and following these simple steps o Enter user name/password o Select the °eTraining" link located at the top of the page o Select"Contractor Training Videos" Option 2 Web-Based Traininq Sessions Online training sessions facilitated by members of LCPtracker's customer support team are available several times per week All that is needed to participate is a computer with Internet access, an email address and access to a phone Created on 812112012, REV 5/2/2014 o Enter user name/password o Select "Book Now" on the "Projects" tab and register for the Online training sessions eDocuments In order to meet labor compliance requirements, all contractors will be required to complete eDocuments which are accessed, submitted and approved through LCPtracker All eDocuments are required to be signed by an owner/officer or authorized signer Prior to the contractor being allowed by the system to certify CPRS, all eDocuments must be submitted to, and approved by, the County Other Required Documentation One of the documents that will be required to be uploaded in LCPtracker as part of the eDocuments, is a City business license or an exception letter All contractors performing work on a project site located within an incorporated city must possess or obtain that city's business license However, if the project is located in an unincorporated area of the County, and the contractor's business is located in an incorporated city, the contractor must possess or obtain a business license within the city where their business is located Exception to business license requirement An exception letter will be required if the contractor's business and the project work site are both located in the unincorporated area of the County Electronic Submission of Certified Payrolls- Use of LCPtracker may require data entry in order to certify weekly payroll(s) Data entry includes information regarding employee identification, labor classification, total hours worked on the project, wage and benefit rates paid etc Contractors currently using a payroll software system may be capable of interfacing with LCPtracker Submission of electronic CPRS will be required by every lower-tier Subcontractor The Prime Contractor and each Subcontractor and every lower-tier Subcontractor and anv Vendors subject to this provision shall comply with Title 8, Section 16404 of the California Code of Requlations Created an 812112012, REV 51212014 NOTICE TO COl TRACTOR(s) COUNTYWIDE VISION. The project(s) implemented with these funds assist in meeting an element of the Countywide Vision for sustainable infrastructures and housing as adopted by the County Board of Supervisors and SANBAG on June 30, 2011 FEDERALLY FUNDED PROJECTS Contractors are advised that this is a federally funded project Funding sources may include Community Development Block Grant funds (CDBG), Neighborhood Stabilization Program funds (NSP) or HOME Investment Partnerships Program funds The requirements of the Davis-Bacon and Related Acts will apply to this project and those requirements will be enforced when the Contract amount for the Prime Contract exceeds $2,000 Those wages are determined pursuant to the Davis-Bacon Act (40 USC 276a-7) (29 CFR, Part 6 0) and related Federal Acts, as applicable and as pursuant to the State of California Labor Code Section 1720 et seq and implementing regulations of the State of California Department of Industrial Relations For HOME Investment Partnerships Program and NSP funded projects, the Prime Contractor, all Subcontractors and all lower-tier Subcontractors are required to pay their laborers and mechanics employed under this Contract, a wage not less than minimum wage classification, as specified in the Federal Wage Decision Should other funding be implemented on this project that triggers State Prevailing Wage, then the higher of the two applicable wage classifications, either Federal Prevailing Wage or, State Prevailing Wage will be enforced for all work under this Contract For CDBG funded projects, the Prime Contractor, all Subcontractors and all lower-tier 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 for this project The higher of the two applicable wage classifications, either the Federal Prevailing Wage or, State Prevailing Wage will be enforced for all work under this Contract The Prime Contractor is responsible for ensuring all Subcontractor(s) and lower-tier Subcontractor(s) compliance with Davis-Bacon and Related Act Requirements The Federal Labor Standards Provisions (HUD 4010) apply to this project and are attached Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity - The Contractor's attention is called to the "Equal Opportunity Clause" and "Standard Federal Equal Employment Specifications" contained herein 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, is 19% for minorities and 6 9% for women Created on 8121/2012, REV 5/2/2014 Insert - DAVIS-BACON WAGE DECISION Created an 812112012, REV 5/2/2014 General Decision Number CA170037 01/27/2017 CA37 Superseded General Decision Number CA20160037 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 20 for calendar year 2017 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any 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 20 (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 2017 Tne EO minimum wage rate will be adjusted annually Additional information on contractor requirements and worker protections under the EO is available at www dal gov/whd/govcontracts Modification Number Publication Date 0 01/06/2017 1 01/27/2017 ASBE0005-002 07/04/2016 Rates Fringes Asbestos Workers/Insulator (Includes the application of all insulating materials, protective coverings, coatings, and finishes to all types of mechanical systems) $ 38 37 20 13 Fire Stop Technician (Application of Firestopping Materials for wall openings and penetrations in walls, floors, ceilings and curtain walls) $ 26 15 17 31 -----------------------------------------------W_----_----_--µ_- ASBE0005-004 07/04/2016 Rates Fringes Asbestos Removal worker/hazardous material handler (Includes preparation, wetting, stripping, removal, scrapping, vacuuming, nagging and disposing of all insulation materials from mechanical systems, whether they contain asbestos or not) $ 18 38 10 82 ---------------------------------------------------------------- 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 06/01/2016 Rates Fringes MARBLE FINISHER $ 29 20 12 93 TILE FINISHER $ 24 53 11 08 TILE LAYER $ 35 89 9 08 ---------------------------------------------------------------- BRCA0018-010 09/01/2016 Rates Fringes TERRAZZO FINISHER $ 28 53 12 27 TERRAZZO WORKER/SETTER $ 35 57 13 14 ---------------------------------------------------------------- CARP0409-001 07/01/2016 Rates Fringes CARPENTER (1) Carpenter, Cabinet Installer, Insulation Installer, Hardwood Floor Worker and acoustical installer $ 39 83 17 03 (2) Millwright $ 40 90 17 03 (3) Piledrivermen/Derrick Bargeman, Bridge or Dock Carpenter, Heavy Framer, Rock Bargeman or Scowman, Rockslinger, Shingler (Commercial) $ 40 53 17 03 (4) Pneumatic Nailer, Power Stapler $ 40 09 17 03 (5) Sawfiler $ 39 83 17 03 (6) Scaffold Builder $ 31 60 17 03 (7) Table Power Saw Operator $ 40 93 17 03 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) Tender $ 323 84 9 82 (4) Assistant Tender $ 299 84 9 82 Amounts an "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 46+11 45 Technician $ 30 18 40+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, 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 10o 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 01/01/2017 Rates Fringes ELEVATOR MECHANIC $ 52 21 31 585 FOOTNOTE PAID VACATION Employer contributes 80 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 ---------------------------------------------------------------- ENGIO012-003 07/01/2016 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 64 23 35 GROUP 9 $ 42 19 23 35 GROUP 10 $ 42 96 23 35 GROUP 11 $ 42 31 23 35 GROUP 12 $ 43 13 23 35 GROUP 13 $ 43 23 23 35 GROUP 14 $ 43 26 23 35 GROUP 15 $ 43 34 23 35 GROUP 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 $ 43 20 22 15 GROUP 2 $ 43 98 22 15 GROUP 3 $ 44 27 22 15 GROUP 4 $ 44 41 22 15 GROUP 5 $ 44 63 22 15 GROUP 6 $ 44 74 22 15 GROUP 7 $ 44 86 22 15 GROUP 8 $ 45 03 22 15 GROUP 9 $ 45 20 22 15 GROUP 10 $ 46 20 22 15 GROUP 11 $ 47 20 22 15 GROUP 12 $ 48 20 22 15 GROUP 13 $ 49 20 22 15 OPERATOR Power Equipment (Tunnel Work) 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 crack, 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 3umbo form setter operator, Power sweeper operator; Rock Wheel Saw/Trencher, Roller operator (compacting) , Screed operator (asphalt or concrete) , Trenching machine operator (up to 6 ft ) , Vacuum or much truck GROUP 5 Equipment Greaser (Grease Truck/Multi Shift) GROUP 6 Articulating material hauler, Asphalt plant engineer, Batch plant operator, Bit sharpener, Concrete joint machine operator (canal and similar type) , Concrete planer operator, Dandy digger, Deck engine operator, Derrickman (oilfield type) Drilling machine operator, bucket or auger types (Calweld 100 bucket or similar types - Watson 1000 auger or similar types - Texoma 330, 500 or 600 auger or similar types - drilling depth of 45' maximum) , Drilling machine operator, Hydrographic seeder machine operator (straw, pulp or seed) , Jackson track maintainer, or similar type, Kalamazoo Switch tamper, or similar type, Machine tool operator Maginnis internal full slab vibrator, Mechanical berm, curb or gutter (concrete or asphalt) , Mechanical finisher operator (concrete, Clary-Johnson-Bidwell or similar) , Micro tunnel system (below ground) , Pavement breaker operator (truck mounted) , Road oil mixing machine operator, Roller operator (asphalt or finish) , rubber-tired earth moving equipment (single engine, up to and including 25 yds struck) , Self-propelled 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 water]et 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 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) 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, 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 1 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 ) 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 lumbo 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) , 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, RIE, SBM Continue S along west boundary of RIE, SMB to Riverside County line at the SW corner of T1S, RlE, SBM Continue E along south boundary of T1s, SBM (Riverside County Line) to SW corner of TIS, R10E, SBM Continue S along west boundary of RIOE, SBM to Imperial County line at the SW corner of TBS, R10E, SBM Continue W along Imperial and Riverside county line to NW corner of T9S, R9E, SBM Continue S along the boundary between Imperial and San Diego Counties, along the west edge of R9E, SBM to the south boundary of Imperial County/California state line Follow the California state line west to Arizona state line, then north to Nevada state line, then continuing NW back to start at the point which is the NW corner of Section 1, T1-7N, 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, 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 TBN, R21W Continue W along the Ventura County and Kern County boundary to the SE corner of T9N, R21W Continue North along the East edge of R21W, SSM 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 sada 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, TBS, R29E, MDM Continue SSE along the entire western boundary of Inyo County, until the intersection with Kern County at the point which is the SW corner of the SE 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 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 ---------------------------------------------------------------- * LABO0300-005 01/01/2017 Rates Fringes Asbestos Removal Laborer $ 31 88 16 82 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 ---------------------------------------------------------------- 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 clean-up, Laborer, landscaping, Laborer, Setting, 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 ("applying" means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing) , Operator of pneumatic, gas, electric tools, vibrating machine, pavement breaker, air blasting, come-alongs, and similar mechanical tools not separately classified herein; Pipelayer's backup person, coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services, Rock slinger, Rotary scarifier or multiple head concrete chipping scarifier, Steel headerboard and guideline setter, Tamper, Barko, Wacker and similar type, Trenching machine, hand-propelled GROUP 4 Asphalt raker, lute person, ironer, asphalt dump person, and asphalt spreader boxes (all types) , Concrete core cutter (walls, floors or ceilings) , grinder or sander, Concrete saw person, cutting walls or flat work, scoring old or new concrete, Cribber, shorer, lagging, sheeting and trench bracing, hand-guided lagging hammer, Head rock slinger, Laborer, asphalt- rubber distributor boot person, Laser beam in connection with laborers' work, Oversize concrete vibrator operator, 70 lbs and over, Pipelayer performing all services in the laying and installation of pipe from the point of receiving pipe in the ditch until completion of operation, including any and all forms of tubular material, whether pipe, metallic or non-metallic, conduit and any other stationary type of tubular device used for the conveying of any substance or element, whether water, sewage, solid gas, air, or other product whatsoever and without regard to the nature of material from which the tubular material is fabricated, No-aoint pipe and stripping of same, Prefaoricated 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 Dackhammer, whether core, diamond, wagon, track, multiple unit, and any and all other types of mechanical drills without regard to the form of motive power, Toxic waste removal TUNNEL LABORER CLASSIFICATIONS GROUP 1 Batch plant laborer, 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, Sack hammer, pneumatic tools (except driller) , Bull gang mucker, track person; Concrete crew, including rodder and spreader GROUP 3 Blaster, driller, powder person, Chemical grout Set 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 07/01/2016 Rates Fringes Brick Tender $ 30 52 18 56 ---------------------------------------------------------------- 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 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 1 Protective coating, pavement sealing, including repair and filling of cracks by any method on any surface in parking lots, game courts and playgrounds; carstops, operation of all related machinery and equipment, equipment repair technician GROUP 2 Traffic surface abrasive blaster, pot tender - removal of all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc ) and preparation of surface for coatings Traffic control person controlling and directing traffic through both conventional and moving lane closures, operation of all related machinery and equipment GROUP 3 Traffic delineating device applicator Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating devices including traffic control This category includes all traffic related surface preparation (sandblasting, waterblasting, grinding) as part of the application process Traffic protective delineating system installer removes, relocates, installs, permanently affixed roadside and parking delineation barricades, fencing, cable anchor, guard rail, reference signs, monument markers, operation of all related machinery and equipment, power broom sweeper GROUP 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 ---------------------------------------------------------------- LAB01414-003 08/03/2016 Rates Fringes LABORER PLASTER CLEAN-UP LABORER $ 31 60 19 28 PLASTER TENDER $ 34 15 19 28 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 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 05/01/2016 Rates Fringes SOFT FLOOR LAYER $ 31 10 14 06 ---------------------------------------------------------------- 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 ---------------------------------------------------------------- PLUM0016-002 07/01/2016 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 $ 47 19 21 41 Work at Edwards AFB $ 51 56 21 41 Work at Fort Irwin Army Base, Marine Corps Logistic Base at Nebo, Marine Corps Logistic Base at Yermo and Twenty-Nine Palms Marine Base $ 57 69 21 41 Work ONLY on new additions and remodeling of bars, restaurants, stores and commercial buildings, not to exceed 5, 000 sq ft of floor space $ 45 73 20 43 Work ONLY on strip malls, light commercial, tenant improvement and remodel work $ 35 69 18 76 ----------------------------------------------------------------- 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 08/01/2015 Rates Fringes ROOFER $ 35 07 14 40 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 04/01/2016 Does not include the northern part of the City of Chino, or the Cities of Montclair and Ontario Rates Fringes SPRINKLER FITTER $ 37 32 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 08/01/2016 Rates Fringes TRUCK DRIVER GROUP 1 $ 29 09 26 39 GROUP 2 $ 29 24 26 39 GROUP 3 $ 29 37 26 39 GROUP 4 $ 29 56 26 39 GROUP 5 $ 29 59 26 39 GROUP 6 $ 29 62 26 39 GROUP 7 $ 29 87 26 39 GROUP 8 $ 30 12 26 39 GROUP 9 $ 30 32 26 39 GROUP 10 $ 30 62 26 39 GROUP 11 $ 31 12 26 39 GROUP 12 $ 31 55 26 39 WORK ON ALL MILITARY BASES PREMIUM PAY $3 00 per hour additional [29 palms Marine Base, Camp Roberts, China Lake, Edwards AFB, E1 Centro Naval Facility, Fort Irwin, Marine Corps Logistics Base at Nebo & Yermo, Mountain Warfare Training Center, Bridgeport, Point Arguello, Point Conception, Vandenberg AFB] TRUCK DRIVERS CLASSIFICATIONS GROUP 1 Truck driver GROUP 2 Driver of vehicle or comoination 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 9 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 Note Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts sub3ect to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017 If this contract is covered by the E0, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care, to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care, or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking Additional information on contractor requirements and worker protections under the EO is available at www dol gov/whd/govcontracts 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 duly 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 ma3ority 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 Union Average Rate Identifiers Classification (s) listed under the UAVG identifier indicate that no single ma3ority rate prevailed for those classifications, however, 1000 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 CER Part 7) Write to Wage and Hour Administrator U S Department of Labor 200 Constitution Avenue, N W Washington, DC 20210 The request should be accompanied by a full statement of the interested party' s position and by any information (wage payment data, proaect 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 I1We do hereby acknowledge that Ilwe have read and understand the requirements in the "Labor Compliance Contract Addendum" and have received a copy of the applicable Wage Decision(s) for this project. /l7C-b 13 61 AlIc v -FAvnJc irnrtzvernen4-3 NO �- Project Name Project Code CI Carni ),)rhALt- Pig vinrlOr - ' CompanylContra for J ! hg,vev Print NaMe Print Name Pl��s� ►�- /al, r Tit Title Si ture Signature C��/I � 201 Date Date Please send the signed original of this page to San Bernardino County Community Development and Housing, Attention David Van Diest, 385 N Arrowhead Ave, San Bernardino, CA 92415-0043 within seven (7) days of executed contract or purchase order