Document approval of materials and workmanship that
meet the contract requirements in coordination with the authority of the consulting engineer, Architect, building inspector, fire inspector, deputy inspector, or other authorized representative or regulatory authorities having jurisdiction;
Review items requiring corrective action with the contractor and the City;
Develop and maintain a contemporaneous punch list of
items and monitor corrections made;
Coordinate inspection activities with other jurisdictions if applicable;
Issue field correction notices;
Monitor proper installation and maintenance of
NPDES/ SWPPP BMPs, in coordination with Contractor' s
QSP and City NPDES Officer/ Inspector;
Assist in the review of submittals required by the
specifications;
Assist with responses to Contractor RFIs;
Verify grades, staking, and marks set by the contractor for structures;
Coordinate and provide assistance and direction to
specialty/ deputy inspectors and technicians performing inspections and material tests;
Closely monitor testing results and require the contractor to take corrective actions if results are unsatisfactory;
Measure and track quantities of satisfactorily completed improvements;
Review and make recommendations for the processing of
payment requests;
Assist with the consideration, negotiation, processing of change orders, and documentation of the proper
implementation of change order items into the work and as- built plans;
Daily Extra Work Reports-
Inspectors shall verify and sign Contractor' s daily extra work reports documenting force account ( time and materials) work, if applicable;
Verify only appropriate worker classifications necessary for approved time and materials work is included on extra work reports; and
Any inappropriate workforce and/ or equipment charges
shall be promptly rejected and removed from extra work
reports.
Daily inspection reports ( daily activity report, weekly statement of working days) including photographs;
CONSTRUCTION MANAGEMENT and CONSTRUCTION INSPECTION( CMI) SERVICES
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The format and content of the daily report shall be
coordinated prior to the start of construction in collaboration with the City' s Project Manager;
Compile daily observation reports documenting the
contractor' s workforce, material and equipment used, a summary of construction activities, field problems, disputes or claims, resolutions of issues, and directions given to the Contractor; and
Completed daily reports will be transmitted to the City' s Project Manager on a weekly basis.
Maintain comprehensive photo documentation of general project progress and key views, as well as photos to aid in documenting key Project issues and/ or areas of concern, all in addition to photos included in daily reports;
Perform inspection for line and grade, earthwork, grading, excavation, backfilling of utility trenches, asphalt paving, concrete formwork, reinforcement, subgrade compaction, and other related work; Provide geotechnical and materials testing to assure the contractor' s construction methods and materials meet the requirements of the plans and specifications.
Coordinate with and document the Landscape Architect' s review and approval of materials for all landscape features on the project plant/ tree selection, product submittal and sample reviews, irrigation installation inspection and coverage test, planting soil preparations, proper installation and plantings and maintenance);
Assist the construction site public relations, including but not limited to documenting and assisting with responses to public inquiries; Monitor, and document compliance with working hours, noise levels, dust mitigation, and housekeeping requirements;
Monitoring and coordination of mitigation monitoring requirements; Assist with the preparation of the Project punch list at substantial completion, and conduct follow- up inspections to confirm completion of corrections; and
Maintain a redline set of as- built ( record) information.
Specialty and Deputy inspection, Provide the following Specialty and Deputy inspections, soils, and materials testing-
All required Specialty and/ or Deputy inspections, soils, compaction, foundations, reinforcing, and materials testing as stipulated herein and by the plans and specifications and building code;
Specialty inspection for all building envelope water intrusion protection systems ( roofing, air/ water barriers, curtain walls/ storefront, etc.)
Specialty inspection for corrosion resistance and protection QA Surveying — establish and maintain overall survey controls, spot check the Contractor' s construction staking, monument establishment, preservation and/ or replacement, determine and confirm critical facility dimensions and stipulated constraints.
CONSTRUCTION MANAGEMENT and CONSTRUCTION INSPECTION( CMI) SERVICES
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Observe construction activities to determine compliance with the drawings and specifications.
Monitor the construction phase activities including review and approval of materials submittals and samples and responding to request for information.
Provide geotechnical and materials testing to assure the contractor' s construction methods and materials meet the requirements of the plans and specifications.
Review contractor' s recommendations for corrective action on observed non- conforming work. Make recommendations to the City and Design Team in instances where the CM observes work that is defective or not in conformance with the contract documents. Observe the contractor' s work to verify that all authorized changes are properly incorporated in the Project.
CM shall propose, develop and implement a web based CMIS ( Construction Management Information System) so everyone can collaborate and have access to all documents, reports, etc. The CM shall describe their proposed system in detail, online access, training, etc. within their project approach. This shall include Procore or equal.
Maintain at the Project site, on a current basis: a record copy of all Contracts, drawings, specifications, addenda, change orders and other modifications, in good order and marked to record all changes made during construction; shop drawings; product data; samples; submittals; purchases; materials; equipment; applicable handbooks; Titles 21 and 24 of the California Code of Regulations; the California Building Code; maintenance and operating manuals and instructions; other related documents and revisions which arise out of the Contracts. Maintain record " As- Builts" in duplicate of principal building layout lines, elevations for the bottom of footings, floor levels, key site elevations, utility locations with off set dimensions to structures/ walls, etc. and any other built items as required in the specifications. At the completion of the Project, compile all information into a comprehensive set ( 1) complete set, and deliver to the Design Team- so they may be reviewed by the respective disciplines and be stamped as the record " As Built" drawings. Following the review/ approval the " As Built" drawings shall be delivered by the Design Team to the City.
Provide and maintain throughout the project duration full site area web camera monitoring and time- lapse video presentation:
Deploy and maintain up to six ( 6) site web cameras for real- time monitoring of construction operations and progress.
Provide real- time access to site webcam and photos to Project team members as directed by the City.
Provide a time- lapse video compilation/ presentation of construction progress, with musical accompaniment, at the completion of the Project.
Review all contractor payment requests and reconcile item quantities with field measurements. Once the reconciliation is complete and the contractor agrees the construction manager shall provide a written recommendation to the City for payment. The construction manager' s recommendation process shall take no longer than one ( 1) work week. If the contractor' s payment request is in error, the construction manager shall reject the request in writing stating the reason for rejection.
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National Pollutant Discharge Elimination System ( NPDES) Compliance:
Work with the inspection staff to monitor and document all provisions of the certified Storm Water Pollution Prevention Plan ( SWPPP) and/ or other requisite requirements set forth in the specifications.
SWPPP requirements shall be regularly monitored for proper deployment and maintenance of required Best Management Practices ( BMPs).
Confirm receipt and review the required inspection and other reports submitted by the Contractor' s Qualified SWPPP Practitioner ( QSP).
Any deficiencies noted will be addressed with the Contractor for immediate remedy.
Upon a weather report of expecting rain, implement the actions prescribed in the certified SWPPP. A site walk will be conducted to ensure that SWPPP measures are in place and well maintained.
Assist with expediting the Notice of intent ( NOI), Periodic and Annual Reports, and other SWPPP stipulated requirements and the Notice of Termination ( NOT) as applicable.
Review all contractor change order requests to confirm it is a valid request not covered by the plans and specifications. The construction manager shall also forward all requests to the design team for their input to the request' s validity and cost. If the request is valid and a reasonable cost established the construction manager shall forward the change order request to the City recommending approval.
Prepare and distribute monthly a Project Status Report that shall include a report and update of all key items required to adequately manage the Project.
Facilitate resolution of field problems.
Facilitate the completion of punch list items.
Facilitate procurement, delivery, and installation of furniture, fixtures, and equipment. Coordinate schedule for installation of furniture, fixtures and equipment.
With the Design Team and the City' s maintenance personnel, observe the contractors' proper installation of utilities, operational systems and equipment for readiness and assist in their initial startup and testing for the Project. Coordinate and assist City in the move in for the Project.
Obtain all written material such as operations and maintenance manuals, warranties, affidavits, releases, bonds, waivers and guarantees for all equipment installed in the Project. All such materials, including equipment instruction material, keys, and documents shall be reviewed and delivered to appropriate City personnel.
Provide the City with a complete catalog of as- built drawings, warranty information, and building operation and maintenance manuals.
Coordinate and schedule training sessions, if necessary, for the City' s personnel and require that the contractor' s obligation in providing this training is fulfilled.
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Close- Out/ Post Construction
Assist the City to coordinate the arrival and installation of City furnished materials and fixtures, furnishings and equipment (" FF& E"). Coordinate schedules for City user relocations and occupancy.
Review contractual requirements for as- builts, close out documentation and warranties, and obtain and compile all required documentation for delivery to the City.
Perform the punch list in conjunction with the design and engineering firms and monitor progress and completion of corrective work identified on punch list.
Obtain final claim releases, including release of any stop notices, from the Contractors as required by the contracts and State law.
Prepare the final payment documentation for prime contractors, and provide a final report to the City that includes:
A financial summary of all construction contracting, change orders, construction manager, consultant services, FF& E, and other costs associated with the Project.
A construction summary with final schedule review and update.
A final acceptance summary with signed receipts from City staff of all close out document submittals.
A final acceptance of receipt of all FF& E.
Recommend to the City the approval of the issuance of the Certificate of Substantial Completion.
Provide recommendation to the City regarding the final acceptance of project and release of final payment to builder.
Monitor the preparation of operations, maintenance manuals and as- built plans and specifications on behalf of the City.
Facilitate training for new equipment with selected City staff members on subjects of operations and maintenance.
Assist in the resolution of any move- in or furniture and equipment issues. Assist with response to initial post- occupancy complaints about missing or malfunctioning building components and equipment, and contractor/ vendor warranty items.
Conduct a year- end walk through immediately prior to the expiration of the warranty period and ensure completion of noted items at no additional cost to the City.
CONSTRUCTION MANAGEMENT and CONSTRUCTION INSPECTION( CMI) SERVICES
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ATTACHMENT 3
PROPOSAL FORMAT AND REQUIREMENTS
FORMAT:
The proposal shall be precise and shall not include unnecessary promotional material. The proposal shall include the following items and organized as follows.
1. Letter of Transmittal. Describe your firm or team' s interest and commitment in providing project and construction management services for the City of Bell Gardens. An officer of the Consulting firm who is authorized to contractually bind the firm and to negotiate a contract with the City shall sign the letter. Provide name, title, address, email, and telephone number of this officer.
2. Table of Contents.
3. Work Plan and Approach. Discuss your firm' s understanding of the Scope of Services ( Attachment 2) to be performed. Describe the method for management of overall project costs, schedule, quality assurance/ quality control, and other issues critical to this project.
Describe your firms approach to communication with City team members and consultants. Describe the tools your firm uses to effectively develop and manage the project drawings, correspondence, submittals, inspections, and schedules. Details with specific task descriptions to demonstrate that the proposer has considered all aspects of the project and that the proposer will cover them thoroughly. A list of the City' s responsibilities, if any, shall be included.
4. Key Personnel Background. Name, position, summary of qualifications, education, training and special certificates of related experience and proposed responsibilities of project manager and key personnel who will be performing the services outlined within the RFP
Provide an organization chart graphically indicating how your firm would staff and structure the proposed team. Designated Construction Manager should be obligated to make this project a priority and spend at least 50% of his/her time on this project.
Resume of team members — identify role on the project
5. Aquatic Experience- References. This is a listing of Aquatic projects your staff proposed for this project has provided CM services for within the last CONSTRUCTION MANAGEMENT and CONSTRUCTION INSPECTION( CMI) SERVICES
FORD PARK AQUATICS CENTER
10-years involving full- service construction management services, particularly any work performed for government agencies of similar nature.
Include the following information ( updated and accurate).
Clients name, point of Contact, address, current email and telephone numbers.
Description and location of related project( s) and year of completion.
Project completed construction value, project construction start and completion date, method of construction delivery, staff directly involved with the project and owner, contractor, and architect information.
Key personnel involved in all disciplines.
Project Architect, point of Contact, address, current email and telephone numbers.
6. Other Experience- Firm References. Provide references for at least ten 10) different projects performed within the last 10-years involving full service construction management services, with a construction budget of 10 million, particularly any work performed for government agencies such as, Senior Centers, Community Centers, Sports Parks, and other public civic / recreational facilities.
Include the following information ( updated and accurate).
Clients name, point of Contact, address, current email and telephone numbers
Description and location of related project( s) and year of completion Project completed construction value, project construction start and completion date, method of construction delivery, staff directly involved with the project and owner, contractor, and architect information.
Key personnel involved in all disciplines
Project Architect, point of Contact, address, current email and telephone numbers
7. Standard Agreement Acknowledgement. A signed copy of the Acknowledgement ( Attachment 5) that the consultant agrees with the City' s Standard Professional Services Agreement without any changes.
8. Schedule Control — Describe methods that can be used to keep the construction on schedule within maximum of two ( 2) pages. The proposer shall illustrate methods they have used to assist a contractor to meet their proposed schedule. Discuss previous projects where the consultant was able to avert a potential delay by implementing project management techniques.
CONSTRUCTION MANAGEMENT and CONSTRUCTION INSPECTION( CMI) SERVICES
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9. Manpower Allocations. Consultant shall provide an estimate of the required personnel hours by task and job title in the proposal for the tasks described in the scope of services. This information is not meant as a fee proposal, but only an indication of the level of effort envisioned for completion of the project at hand. The labor effort required shall be separated per phase; Project Management, Bidding, Construction, and Close- Out/ Post Construction.
10. Lawsuits. As applicable, submit a list of lawsuits filed within the past five ( 5) years against the firm' s Professional Liability Insurance policy ( errors and omissions), if any. Submit a list of any disputes short of litigation in which the firm has been named. Accompanying each list shall be a declaration by a principal of the firm indicating careful review of such lists and adding appropriate information concerning the status or disposition of the lawsuits or claims. This information may be submitted separately and confidentially if so desired.
11. Cost. In a separate sealed envelope, provide complete summary of the estimated number of engineering hours, schedule of hourly rates for each classification, and total not- to- exceed cost for the Scope of Services to be performed. The costs shall be separated per phase; Construction Management, Project Management, Bidding,
Construction, and Close- Out/ Post Construction and totaled as a not to exceed amount. Note: This information is not meant as a fee proposal, but only an indication of the level of effort envisioned for completion of the project at hand.
CONSTRUCTION MANAGEMENT and CONSTRUCTION INSPECTION( CMI) SERVICES
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ATTACHMENT 4
City' s Standard Professional Services Agreement
CONSTRUCTION MANAGEMENT and CONSTRUCTION INSPECTION( CMI) SERVICES
FORD PARK AQUATICS CENTER
2023
PROFESSIONAL SERVICES AGREEMENT
Engagement: CONSTRUCTION MANAGEMENT/ CMI SERVICES FOR
FORD PARK AQUATIC CENTER)
Parties: City of Bell Gardens and IIIII SIIIII 114""' CQ14SUIII X14 Y4XWIIIiII) THIS PROFESSIONAL SERVICES AGREEMENT ( hereinafter, " Agreement") is made and entered into this day of 2023 ( hereinafter, the
Effective Date") by and between the CITY OF BELL GARDENS, a municipal corporation hereinafter, " CITY') and INSERT CONSULTANT NAME ( hereinafter, " CONSULTANT").
For the purposes of this Agreement, CITY and CONSULTANT may be referred to collectively by the capitalized term " Parties." The capitalized term " Party" may refer to CITY or CONSULTANT interchangeably, as appropriate.
RECITALS
WHEREAS, CITY requires professional consulting services_ and WHEREAS, on CITY issued a Request for Proposals for
and
WHEREAS, CITY staff has determined that CONSULTANT possesses the experience, skills and training necessary to competently provide such services to CITY; and
WHEREAS, the execution of this Agreement was approved by the Bell Gardens City Council at its Regular Meeting.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONSULTANT agree as follows:
ENGAGEMENT TERMS
1. SCOPE OF WORK:
1. 1 CITY retains CONSULTANT to perform, and CONSULTANT agrees to provide to and perform for CITY, for consideration and upon the terms and conditions set forth below, construction management services specified in this Agreement.
CONSULTANT agrees to perform such services as expeditiously as possible and consistent with professional skill and care and the orderly progress of the specific project for which CONSULTANT is providing services. All services performed by CONSULTANT under and required by this Agreement shall be performed ( a) in compliance with this Agreement, and ( b) in a manner consistent with the level of care and skill ordinarily exercised by CONSULTANT in the same discipline, on similar projects in California and with similar complexity, who are specially qualified to provide the services required by
CITY and other municipalities; and all such services shall be conducted inconformity with, and compliance with, all applicable Federal, State and local laws, including but not limited to statutes, decisions, regulations, building or other codes, ordinances, and the Americans with Disabilities Act (" ADA"). CONSULTANT shall be responsible for the completeness and accuracy of its work product. The CONSULTANT services shall be provided as required by this Agreement.
1. 2 Subject to the terms and conditions of this Agreement, CONSULTANT agrees to provide the services and tasks described in that certain Request for Proposals of CITY entitled " hereinafter, " CITY RFP") and the written proposal of CONSULTANT entitled " hereinafter, the " CONSULTANT PROPOSAL") dated The CITY RFP and the
CONSULTANT PROPOSAL are attached and incorporated hereto as Exhibit " A" and " B" respectively. The term " Scope of Work" shall be a collective reference to the CITY RFP and the CONSULTANT PROPOSAL. The capitalized term " Work" shall be a collective reference to all the various services and tasks referenced in the Scope of Work. In the event of any conflict or inconsistency between the provisions of the document entitled CITY RFP and the provisions of the document entitled CONSULTANT PROPOSAL, the requirements of the document entitled CITY RFP shall govern and control but only to the extent of the conflict or inconsistency and no further. In the event of any conflict or inconsistency between the provisions of the Scope of Work and the provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control.
1. 3 As more specifically described in the Scope of Work, CONSULTANT shall provide services during the pre- bid, construction administration and close- out phases for the Project. CONSULTANT' s basic services will also include management, and coordination of all design and specialty consultants, contractors, vendors, and suppliers' work rendered in connection with the construction of the project, including coordination of the planning and execution of the project with the CITY' s Director of Public Works.
2. PROJECT SCHEDULE
2. 1 Time is of the essence and failure of CONSULTANT to perform services on time as specified in this Agreement, is a material breach of this Agreement. It shall not be a material breach if a delay is reasonably unforeseeable and beyond CONSULTANT s reasonable control.
2. 2 The completion times set forth herein are binding, unless extended in writing by CITY.
2. 3 Except as otherwise provided herein, any time during which CONSULTANT is delayed by acts of negligence of CITY or its employees or those in a direct contractual relationship with CITY or by Force Majeure Circumstances which delays were not or could not have been reasonably foreseen and provided for, and which are not due to any fault or negligence on the part of CONSULTANT, is included in the amount of CONSULTANT
compensation in Section 6. CITY shall not be liable for the damages to CONSULTANT on account of such delays.
2. 4 CONSULTANT shall, immediately upon ascertainment, notify CITY of any delay in: ( i) the preparation and/ or production of any of CONSULTANT ' s documents hereunder, ( ii) CONSULTANT ' s services, or ( iii) connection with any matter attended to by CONSULTANT or with which CONSULTANT is familiar ( whether or not as the result of an act or omission of another) which would affect or delay the project or the project schedule. CONSULTANT shall consult and advise CITY in connection with any such delay in its effect on the project schedule and shall take such action on CITY' s behalf as CITY may request in accordance with the terms and conditions of this Agreement.
2. 5 CITY may, in its sole discretion, establish a reasonable response time standard for CONSULTANT ' s performance of services: e. g., review and approval of shop drawings, preparation of change orders and field orders, interpretation of any contract documents, or review of requests to substitute materials. These specific response times shall be considered to be reasonable and CONSULTANT will not exceed them unless, at the time of the action which necessitates a response, CONSULTANT indicates that a longer response time is necessary and gives a written explanation of the reasons why an extended response time will be needed. Any extension of the response time must be approved by CITY. Insufficiency of personnel shall not be an adequate excuse for delay by CONSULTANT or CONSULTANT' s subconsultants.
3. TERM
3. 1 Time is of the essence of this Agreement and each and every provision contained herein. The Work shall be commenced within three ( 3) calendar days of CITY' s issuance of a Notice to Proceed. CONSULTANT shall complete the various tasks identified in the Scope of Work, defined above, and shall complete all services and tasks contemplated under this Agreement no later than the earlier of the following: ( i) sixty ( 60) calendar days following the date upon which the City Council has accepted the Project as complete and has authorized the recordation of a final Notice of Acceptance for all of the the "Project Work; or ii the " Completion1 O p
Date").
3. 2 CONSULTANT shall perform the Work continuously and with due diligence so as to complete the Work by the Completion Date. Consultant shall cooperate with CITY and in no manner interfere with the work of CITY, its employees or other consultants, contractors or agents.
3. 3 CONSULTANT shall not claim or be entitled to receive any compensation or damage because of the failure of CONSULTANT, or its subconsultants, to have related services or tasks completed in a timely manner.
3. 4 CONSULTANT shall at all times enforce strict discipline and good order among Consultant' s employees.
3. 5 CONSULTANT, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.
3. 6 CONSULTANT shall obtain a CITY business license prior to commencing performance under this Agreement. CONSULTANT shall perform all work to the highest professional standards of CONSULTANT' s profession and in a manner, reasonably satisfactory to CITY. Consultant shall comply with all applicable federal, state, and local laws and regulations ( including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act ( Government Code Section 81000 et seq.)).
During the Term of this Agreement, CONSULTANT shall not perform any work for another person or entity for whom CONSULTANT was not working at the time of the Effective Date if both ( i) such work would require CONSULTANT to abstain from a decision under this Agreement pursuant to a conflict of interest statute; and ( ii) CITY has not consented in writing to CONSULTANT' s performance of such work.
3. 7 CONSULTANT represents that it has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by CONSULTANT or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. CONSULTANT shall identify a project administrator and shall have direct responsibility for management of CONSULTANT' s performance under this Agreement and shall devote all time necessary to complete the tasks within the scope of services agreed to. No change shall be made in CONSULTANT' s project administrator without CITY' s prior written consent.
3. 8 CONSULTANT understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance;
3. 9 All of CONSULTANT' s employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by CONSULTANT; and
3. 10 All of CONSULTANT' s employees and agents ( including, but not limited to, subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals will be maintained throughout the term of this Agreement and made available to CITY for copying and inspection.
3. 11 The Parties acknowledge and agree that CONSULTANT will perform, at CONSULTANT' s own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONSULTANT' s failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONSULTANT' s employees, agents, contractors, subcontractors and subconsultants. Such effort by CONSULTANT to correct any errors or omissions will be commenced immediately upon their discovery by either Party and will be completed within
seven ( 7) calendar days from the date of discovery or such other extended period of time authorized by the City Representative in writing and in her sole and absolute discretion.
The Parties acknowledge and agree that CITY' s acceptance of any work performed by CONSULTANT or on CONSULTANT' s behalf will not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CITY has relied upon the foregoing representations of CONSULTANT, including but not limited to the representation that CONSULTANT possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the standards of CONSULTANT' s profession.
4. MISCELLANEOUS TERMS AND CONDITIONS
4. 1 Ownership of Documents Prepared for Project-
i) License: This Agreement creates a non-exclusive and perpetual license for CITY to use, at its discretion, all plans, specifications, original, or reproducible transparencies of working drawings and master plans, preliminary sketches, and all other documents prepared by CONSULTANT pursuant to this Agreement.
ii) Termination: Following the termination of CONSULTANT' s services, for any reason, as provided under Section 17 ( Termination), below, or abandonment of all or a portion of the project, CITY may utilize the completed drawings, specifications, estimates, and other completed construction documents prepared under this Agreement by CONSULTANT as it sees fit. CONSULTANT shall deliver to CITY the following documents upon CITY' s written request: ( a) One set of the contract documents, including the bidding requirements, specifications, and all existing cost estimates for the project, in hard copy, reproducible format; and ( b) All finished or unfinished documents, studies, reports, calculations, drawings, maps, models, photographs, technology data and reports prepared by CONSULTANT under this Agreement.
iii) After completion of the project, CONSULTANT shall not permit reproductions to be made of any CITY owned documents without the approval of CITY and shall refer all requests by other persons to CITY. iv) CONSULTANT shall not use the drawings or plans produced for CITY on any other project without CITY' s prior written consent or work product.
CONSULTANT shall defend and indemnify CITY from any claim that such documents infringe the copyright or trade secrets of another.
4. 2 Reuse of Documents Prepared for a Project: CITY as the sole owner of all documents prepared for a project, reserves the right to reuse all or part of those documents at its sole discretion for the construction of all or part of another project constructed for CITY. Notwithstanding the fact that CONSULTANT prepared may have prepared these documents or work product, in the event the documents are reused, CITY
shall not be bound by this Agreement to employ the services of CONSULTANT.
4. 3 Standardized Manufactured Items: CONSULTANT shall consult and cooperate with CITY' s staff in the use and selection of manufactured items to be used in the project. Manufactured items, including, but not limited to, paint, finish hardware, plumbing fixtures and equipment, roofing materials, and floor covering shall be standardized to CITY' s criteria so long as those criteria do not seriously interfere with building design and/ or governing codes.
4. 4 Audit/ Inspection of Records: CONSULTANT shall keep and maintain all documents and complete records prepared by or furnished to CONSULTANT during the course of performing basic services on the project for at least ten ( 10) years following completion of the project. Such records include, but are not limited to, correspondence, internal memoranda, calculations, books and accounts, accounting records documenting its work under this Agreement, and invoices, payrolls, timecards, reimbursement requests and records and all other data related to matters covered by this Agreement.
CONSULTANT shall maintain complete records of all hours worked and submitted to CITY for compensation under this Agreement. CONSULTANT shall permit CITY to audit, examine and make copies, excerpts and transcripts from such records and the records and documents of all consultants of CONSULTANT during CONSULTANT' s regular business hours upon twenty- four hours prior written notice from CITY. CITY' s rights under this Section shall survive the termination or expiration of this Agreement.
4. 5 Change Orders Caused by CONSULTANT: CONSULTANT shall be responsible for the cost of construction change orders caused directly by CONSULTANT ' s willful misconduct or negligent acts, errors or omissions. Without limiting CONSULTANT ' s liability for indirect cost impacts, the direct costs for which CONSULTANT shall be liable shall equal the difference between the cost of the change order and the reasonable cost of the work had that work been a part of the originally prepared construction documents.
These amounts shall be paid by CONSULTANT to CITY or CITY may withhold those costs from amounts owing to CONSULTANT. Neither CITY' s review, approval of, nor payment for, any of the services required under this Agreement shall be construed to operate as a waiver of any rights under this Agreement, and CONSULTANT shall remain liable to CITY in accordance with this Agreement for all damages to CITY caused by CONSULTANT ' s failure to perform any of the services furnished under this Agreement to the standard of care of CONSULTANT for its services, which shall be, at a minimum, the standard of care of CONSULTANT' s performing similar work for municipalities in or around the same geographic area of CITY. Each Party warrants that it has had the opportunity to consult counsel and understands the terms of this Agreement and the consequences of executing it. In addition, each party acknowledges that the drafting of this Agreement was the product of negotiation, that no party is the author of this Agreement, and that this Agreement shall not be construed against any party as the drafter of the Agreement.
5. [ Reserved — No Text]
6. COMPENSATION
6. 1 CONSULTANT shall perform the various services and tasks set forth in the Scope of Work in accordance with the hourly rates and fees set forth in that certain document entitled " hereinafter, the " Fee Schedule"), which is attached and incorporated and incorporated hereto as Exhibit " C".
6. 2 The foregoing notwithstanding, CONSULTANT' s total compensation for the performance of all Work contemplated under this Agreement, will not exceed the total compensation for the performance of all Work contemplated under this Agreement, will not exceed the total budgeted aggregate sum of IIIIIY III I°Z IIY 4" I I U UIII" "III'" IIIIIYSIII III U UII 111` (hereinafter, the " Not- to- Exceed Sum"). CONSULTANT further agrees that the Not- to- Exceed Sum is inclusive of compensation for all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the services and tasks. In the event CONSULTANT requires additional time to complete the services and tasks and the need for such additional time is not caused either in whole or in part by CITY, CONSULTANT shall not receive compensation in excess of the Not- to- Exceed Sum for any services or tasks performed by CONSULTANT beyond the initial completion date in order to complete the services and tasks.
6. 3 Following the conclusion of each calendar month, CONSULTANT shall submit to CITY an itemized invoice indicating the services performed and tasks completed during the recently concluded calendar month, including services and tasks performed and the reimbursable out- of-pocket expenses incurred. If the amount of CONSULTANT' s monthly compensation is a function of hours worked by CONSULTANT' s personnel, the invoice shall indicate the number of hours worked in the recently concluded calendar month, the persons responsible for performing specific services or tasks, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty ( 30) calendar days of receipt of each invoice, CITY shall notify CONSULTANT in writing of any disputed amounts included in the invoice. Within forty- five ( 45) calendar days of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice.
CITY shall not withhold applicable taxes or other authorized deductions from payments made to CONSULTANT..
7. OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material (" written products") developed by CONSULTANT in the performance of this Agreement shall be and remain the property of CITY without restriction or limitation upon its use or dissemination by CITY.
8. RELATIONSHIP OF PARTIES
CONSULTANT, and its employees and agents, is/ are, and shall at all times remain as to CITY, a wholly independent contractor. CONSULTANT shall have no power to incur
any debt, obligation, or liability on behalf of CITY or otherwise to act on behalf of CITY as an agent. Neither CITY nor any of its officers, employees or agents shall have control over the conduct of CONSULTANT or any of CONSULTANT' s employees, except as set forth in this Agreement. CONSULTANT shall not represent that it is, or that any of its agents or employees are, in any manner employees of CITY. CONSULTANT is not, nor shall become, by virtue of performance of the professional services provided under this Agreement, entitled to any CITY employee benefits, including but not limited to health insurance, dental insurance, vacation pay, retirement pension, unemployment insurance or workers' compensation insurance.
9. CONFIDENTIALITY
All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and shall not be disclosed by CONSULTANT without prior written consent by CITY. CITY shall grant such consent if disclosure is legally required. Upon request, all CITY data and any copies thereof shall be returned to CITY upon the termination or expiration of this Agreement.
10. INDEMNIFICATION
10. 1 The Parties agree that CITY and CITY' S elected and appointed officials, officers, employees, agents and volunteers ( hereinafter, the " City Indemnitees") should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the City Indemnitees with the fullest protection possible under the law.
CONSULTANT acknowledges that CITY would not enter into this Agreement in the absence of CONSULTANT' s commitment to indemnify, defend and protect CITY as set forth herein. Notwithstanding the foregoing, to the extent CONSULTANT' s services are subject to Civil Code Section 2782. 8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782. 8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT.
CONSULTANT' s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the CITY, its officials, officers, employees, agents or volunteers.
10. 2 To the fullest extent permitted by law, CONSULTANT shall indemnify, hold harmless and defend the City Indemnitees from and against all liability, loss, damage, expense, cost ( including without limitation reasonable attorneys' fees ( with attorney selection approved by CITY), expert fees and all other costs, and fees of litigation) of every nature arising out of or in connection with CONSULTANT' s performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole negligence or willful misconduct of the CITY.
10. 3 CITY shall have the right to offset against the amount of any compensation due to CONSULTANT under this Agreement, any amount due to CITY from CONSULTANT as a result of CONSULTANT' s failure to either pay CITY promptly for any costs associated with CONSULTANT' s obligations to indemnify the CITY Indemnitees under this Section, or related to CONSULTANT' s failure to either( i) pay taxes on amounts received pursuant to this Agreement, or( ii) comply with applicable workers' compensation laws.
10. 4 The obligations of CONSULTANT under this Section will not be limited by the provisions of any workers' compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY and CITY' s elected and appointed officials, officers, employees, agents, and volunteers.
10. 5 CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY' s elected and appointed officials, officers, employees, agents, and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT' s subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of CITY' s choice.
10. 6 CITY does not, and shall not waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense.
10. 7 This Section and all provisions contained herein ( including but not limited to the duty to indemnify, defend, and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the CITY may have at law or in equity.
11. INSURANCE
11. 1 During the term of this Agreement, CONSULTANT shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with CONSULTANT' s performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:
11.1.1 Comprehensive General Liability Insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $ 2, 000, 000 per occurrence, $ 4,000, 000 general aggregate, for bodily injury, personal injury, and property damage.
The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO " insured contract" language will not be accepted.
11.1.2 Automobile Liability Insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for vehicles used in connection with the performance of this Agreement with minimum limits of One Million Dollars ($ 1, 000, 000) combined single limit.
11.1.3 Worker' s Compensation insurance as required by the laws of the State of California and Employer' s Liability insurance with limits of at least $ 1, 000, 000.
11. 1. 4 Professional liability ( errors & omissions) insurance.
CONSULTANT shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $ 1,000, 000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and CONSULTANT agrees to maintain continuous coverage
through a period no less than three years after completion of the services required by this agreement.
11. 2 CONSULTANT shall require each of its subcontractors, if any, to maintain insurance coverage that meets all of the requirements of this Agreement.
11. 3 The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A: VII in the latest edition of Best' s Insurance Guide.
11. 4 CONSULTANT agrees that if it does not keep the aforesaid insurance in full force and effect CITY may either ( i) immediately terminate this Agreement; or ( ii) take out the necessary insurance and pay, at CONSULTANT' s expense, the premium thereon.
11. 5 At all times during the term of this Agreement, CONSULTANT shall maintain on file with CITY' S Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming the CITY as an additional insured. CONSULTANT shall, prior to commencement of work under this Agreement, file with CITY' s Risk Manager such certificate( s).
11. 6 CONSULTANT shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two ( 2) weeks prior to the expiration of the coverages.
11. 7 The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming CITY, its officers, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty 30) days' prior written notice to CITY. CONSULTANT agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word " endeavor" with regard to any notice provisions.
11. 8 The insurance provided by CONSULTANT shall be primary to any coverage available to CITY. Any insurance or self- insurance maintained by CITY, its officers, employees, agents or volunteers, shall be in excess of CONSULTANT' s insurance and shall not contribute with it.
11. 9 Any deductibles or self- insured retentions must be declared to and approved by the CITY. At the option of CITY, CONSULTANT shall either reduce or eliminate the deductibles or self- insured retentions with respect to CITY, or CONSULTANT shall procure a bond guaranteeing payment of losses and expenses.
11.10 Procurement of insurance by CONSULTANT shall not be construed as a limitation of CONSULTANT' s liability or as full performance of CONSULTANT' s duties to indemnify, hold harmless and defend under Section 10 of this Agreement.
11. 11 Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow CONSULTANT or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss.
CONSULTANT hereby waives its own right of recovery against CITY and shall require similar written express waivers and insurance clauses from each of its subconsultants.
11.12 Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage
feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the CONSULTANT maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONSULTANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.
12. MUTUAL COOPERATION
CITY shall provide CONSULTANT with complete access to information for the proper performance of CONSULTANT' s services under this Agreement.
13. RECORDS AND INSPECTIONS
CONSULTANT shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three ( 3) years after the expiration or termination of this Agreement. CITY shall have the right to access and examine such records, without charge, during normal business hours. CITY shall further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.
14. PERMITS AND APPROVALS
CONSULTANT shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary in the performance of this Agreement.
15. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: ( i) the day of delivery if delivered by hand, facsimile or overnight courier service during CONSULTANT' s and CITY' s regular business hours; or ( ii) on the third 3rd) business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below ( or to such other addresses as the parties may, from time to time, designate in writing).
If to CITY: If to CONSULTANT:
City of Bell Gardens
Public Works
7100 Garfield Ave.
Bell Gardens, California 90201
16. SURVIVING COVENANTS
The provisions of this Section shall survive the termination or expiration of this Agreement. The termination of this Agreement pursuant to any provision or by normal
expiration of its term or any extension thereto shall not operate to terminate any Section or provision contained herein which provides that it shall survive the termination or normal expiration of this Agreement.
17. TERMINATION
17. 1. CITY may immediately terminate this Agreement at any time for convenience and without cause by giving prior written notice of CITY' s intent to terminate this Agreement which notice shall specify the effective date of such termination. Upon such termination for convenience, CONSULTANT will be compensated only for those services and tasks which have been performed by CONSULTANT up to the effective date of the termination. CONSULTANT may not terminate this Agreement except for cause as provided under Section 17. 2, below. If this Agreement is terminated as provided herein, CITY may require CONSULTANT to provide all finished or unfinished Documents and Data, and other information of any kind prepared by CONSULTANT in connection with the performance of the Work. CONSULTANT will be required to provide such Documents and Data within fifteen ( 15) calendar days of CITY' s written request. No actual or asserted breach of this Agreement on the part of CITY pursuant to Section 17.2, below, will operate to prohibit or otherwise restrict CITY' s ability to terminate this Agreement for convenience as provided under this Section.
17. 2 In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement ( or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default hereinafter, " Event of Default") will occur. For all Events of Default, the Party alleging an Event of Default will give written notice to the defaulting Party ( hereinafter referred to as a " Default Notice") which will specify: ( i) the nature of the Event of Default; ( ii) the action required to cure the Event of Default; ( iii) a date by which the Event of Default will be cured, which will not be less than the applicable cure period set forth under Sections 17.3 and 17.4, below, or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default will constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.
17. 3. CONSULTANT will cure the Event of Default within the following time periods:
i. Within ten ( 10) business days of CITY' s issuance of a Default Notice for any failure of CONSULTANT to timely provide CITY or CITY' s employees or agents with any information and/ or written reports, documentation or work product which CONSULTANT is obligated to provide to CITY or CITY' s employees or agents under this Agreement. Prior to the expiration of the 10-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10- day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this
Section 5. 213. i. that exceeds seven ( 7) calendar days from the end of the initial 10- day cure period; or
ii. Within fourteen ( 14) calendar days of CITY' s issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14- day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 17. 3( ii) that exceeds thirty ( 30) calendar days from the end of the initial 14-day cure period.
17. 4 In addition to any other failure on the part of CONSULTANT to perform any duty, obligation, service or task set forth under this Agreement ( or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of CONSULTANT will include, but will not be limited to the following: ( i) CONSULTANT' s refusal or failure to perform any of the services or tasks called for under the Scope of Work; ( ii) CONSULTANT' s failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; ( iii) CONSULTANT' s and/ or its employees' disregard or violation of any federal, state, local law, rule, procedure or regulation; ( iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONSULTANT, whether voluntary of involuntary; ( v) CONSULTANT' s refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/ or ( vii) CITY' s discovery that a statement representation or warranty by CONSULTANT relating to this Agreement is false, misleading or erroneous in any material respect.
17. 5. CITY will cure any Event of Default asserted by CONSULTANT within forty- five ( 45) calendar days of CONSULTANT' s issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45- day cure period. Prior to the expiration of the 45- day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY' s failure to timely pay any undisputed sums to CONSULTANT will be cured by CITY within five ( 5) calendar days from the date of CONSULTANT' s Default Notice to CITY.
17. 6. CITY, in its sole and absolute discretion, may also immediately suspend CONSULTANT' s performance under this Agreement pending CONSULTANT' s cure of any Event of Default by giving CONSULTANT written notice of CITY' s intent to suspend CONSULTANT' s performance ( hereinafter, a " Suspension Notice"). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, CONSULTANT will be compensated only for those services and tasks which have been rendered by CONSULTANT to the reasonable satisfaction of CITY up to the
effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY will operate to prohibit or otherwise restrict CITY' s ability to suspend this Agreement as provided herein.
17. 7. No waiver of any Event of Default or breach under this Agreement will constitute a waiver of any other or subsequent Event of Default or breach. No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.
17. 8. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder will be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to CONSULTANT, the CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONSULTANT, the CITY may extend the time of performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONSULTANT' s breach of the Agreement or to terminate the Agreement; or
iv. The CITY may exercise any other available and lawful right or remedy.
17. 9 CONSULTANT will be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY' s exercise of its remedies under this Agreement.
17. 10. In the event CITY is in breach of this Agreement, CONSULTANT' s sole remedy will be the suspension or termination of this Agreement and/ or the recovery of any unpaid sums lawfully owed to CONSULTANT under this Agreement for completed services and tasks.
18. GENERAL PROVISIONS
18. 1 CONSULTANT shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without CITY' s prior written consent, and any attempt to do so shall be void and of no effect. CITY shall not be obligated or liable under this Agreement to any party other than CONSULTANT.
18. 2 In the performance of this Agreement, CONSULTANT shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color,
creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation. CONSULTANT will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.
18. 3 The captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and for convenience in reference to this Agreement. Should there be any conflict between such heading, and the section or paragraph thereof at the head of which it appears, the section or paragraph thereof, as the case may be, and not such heading, shall control and govern in the construction of this Agreement. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution( s).
18. 4 The waiver by CITY or CONSULTANT of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent breach of the same or any other term, covenant or condition herein contained. No term, covenant or condition of this Agreement shall be deemed to have been waived by CITY or CONSULTANT unless in writing.
18. 5 CONSULTANT shall not be liable for any failure to perform if CONSULTANT presents acceptable evidence that such failure was due to causes beyond the control and without the fault or negligence of CONSULTANT.
18. 6 Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance of the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any of all of such other rights, powers or remedies. In the event legal action shall be necessary to enforce any term, covenant or condition herein contained, the party prevailing in such action, whether reduced to judgment or not, shall be entitled to its reasonable court costs, including accountants' fees, if any, and attorneys' fees expended in such action subject to the limitations contained in Section 10. The venue for any litigation shall be Los Angeles County, California.
18. 7 If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to, the extent necessary to cure such invalidity or unenforceability, and in its amended form shall be enforceable. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.
18. 8 This Agreement shall be governed and construed in accordance with the laws of the State of California.
18. 9 All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between CITY and CONSULTANT with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the parties. Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed by CITY and CONSULTANT.
TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below.
CITY" CONSULTANT"
City of Bell Gardens
By: By:
Michael B. O' Kelly, City Manager
Date: Date:
Approved as to form:
By:
Stephanie Vasquez, City Attorney
ATTACHMENT 5
ACKNOWLEDGMENT OF CITY' S STANDARD FORM OF AGREEMENT
I, the undersigned, certify that I, insert name] am the insert title] of [ insert firm]
the party making the proposal for award of an
Agreement for Construction Management and Construction Inspection Services Proposer") and, on behalf of the Proposer, hereby:
Accept City' s Standard Form of Agreement — check one box.
F1As is, without qualifications or modifications.
F1 As modified by attachment. [ Proposer to provide]
I certify that I am authorized to sign this Consent Form on behalf of the Proposer.
Executed this day of , 2023 at California.
Signature of Officer
Printed/ Typed Name of Officer
Title of Officer
CONSTRUCTION MANAGEMENT and CONSTRUCTION INSPECTION( CMI) SERVICES
FORD PARK AQUATICS CENTER
Attachment 6
Federally Assisted Project — CDBG Requirements, DOL Federal Wage Determination, and State DIR Wage Determination for Building Construction Inspector/ Materials/ Soil Tester
LABOR STANDARDS AND CIVIL RIGHTS: Contractor agrees to comply with the requirements of the Secretary of Labor and the latest amendments to: Executive Orders 11246 and 11375, as supplemented in Department of Labor regulations ( 41 C. F. R. chapter 60); the Copeland " Anti- Kickback" Act ( 18 U. S. C. § 847) as supplemented in Department of Labor regulations ( 29 C. F. R. part 3); Section 3 of the Housing and Urban Development Act of 1968 ( 12 U. S. C. §§ 1701 et seq.); Title VI of the Civil Rights Act of 1964 ( 42 U. S. C. §§ 2000); Section 109 of Title I of the Housing and Community Development Act of 1974 ( 42 U. S. C. §§ 5301 et seq.); the Age Discrimination Act of 1975 ( 42 U. S. C. §§ 6101 et seq.); and Section 504 of the Rehabilitation Act of 1973 ( 29 U. S. C. §§ 701 et seq.). Contractor agrees to comply with the requirements of all other applicable federal, State, and local laws and regulations.
STATE LABOR STANDARDS & WAGE REQUIREMENTS: In entering into a public works contract, or a subcontract, to supply goods, services, or materials pursuant to a public works contract, the Contractor and all subcontractors agree to follow the State Labor Standards. State Labor Standards provisions, including prevailing wage requirements, will be enforced such that the general rate of per diem wages ( prevailing wage) shall be paid for each craft, classification, or type of worker needed to execute the contract to all workers employed in the execution of the contract. All contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner ( aka Division of Labor Standards Enforcement). The State General Prevailing Wage Determination is as established by the California Department of Industrial Relations ( available at http:// www. dir. ca. gov/ DLSR/ PWD/ index. htm). The prevailing rate of per diem wages are on file at the City of Bell Gardens, Public Works Department, 8327 Garfield Avenue, Bell Gardens, CA 90201, and are available to any interested party on request.
The Contractor' s duty to pay State prevailing wages can be found under Labor Code Section 1770. et. seq. and Labor Code Sections 1775 and 1777. 7 outline the penalties for failure to pay prevailing wages and employee apprentices including forfeitures and debarment.
FEDERAL PREVAILING WAGE STATEMENT: This is a federally assisted construction contract. Federal Labor Standards Provisions, including prevailing wage requirements of the Davis- Bacon and Related Acts ( DBRA) will be enforced. In the event of a conflict between Federal and State wage rates, the higher of the two will prevail.
CERTIFIED PAYROLL SUBMISSION TO THE CITY OF BELL GARDENS: Pursuant to the provisions of Labor Code Section 1776, Contractor shall keep and shall cause CONSTRUCTION MANAGEMENT and CONSTRUCTION INSPECTION( CMI) SERVICES
FORD PARK AQUATICS CENTER
each subcontractor performing any portion of the work under this Contract to keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by Contractor or subcontractor in connection with the work.
Such payroll records for Contractor and all subcontractors shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor pursuant to the provisions of Section 1776 of the Labor Code.
Contractor' s failure to furnish such records to City or City' s authorized Labor Compliance representative in the manner provided herein for notices shall entitle City to withhold the penalty prescribed by law from progress payments due to Contractor.
Each contractor and every subcontractor and supplier shall be required to submit certified payrolls and labor compliance documentation electronically at the discretion and manner specified by the City of Norwalk.
SECTION 3 STATEMENT: This is a HUD Section 3 covered construction contract and requires compliance with the hiring goals outlined in Section 3 of the Housing and Urban Development Act. Bidders must complete and sign the Declaration of Intent to Comply with Section 3 Requirements form and submit with bid. Failure to do so may disqualify the bid.
The awarded prime contractor must work with the Labor Compliance Officer to create Section 3 Commitment and Outreach Efforts plans. The Contractor must, to the greatest extent possible, provide training, employment, contracting, and other economic opportunities to low and very low- income persons and local businesses.
The benchmark for Section 3 workers is set at 25% or more of the total number of labor hours to be worked on the Project. The benchmark for Targeted Section 3 workers is set at 5% or more of the total number of labor hours worked on the Project. Contractor is allowed to count the Targeted Section 3 worker hours from the Section 3 worker hours.
The benchmark for Section 3 Business Concern is set at 10% or more of the total construction dollars to be awarded to local and qualified Section 3 businesses. The benchmark for Section 3 Business Concern is set at 3% or more of the total non- construction dollars to be awarded to local and qualified Section 3 businesses.
CONSTRUCTION MANAGEMENT and CONSTRUCTION INSPECTION( CMI) SERVICES
FORD PARK AQUATICS CENTER
APPENDIX " K"
FEDERALLY ASSISTED PROJECT- CDBG DOCUMENTS
AND FEDERAL DOL WAGE DECISION
116
FEDERALLY ASSISTED PROJECT
U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Exhibit 1 - Summary of Contract Provisions for Inclusion in the Notice Inviting Bids........... V- 2 for a Federally Funded Project
Exhibit 2 - Federal Labor Standards Provisions - HUD- 4010............................................. IV- 3 Exhibit 3 - Federal Equal Employment Opportunity/ Affirmative Action Provisions............. IV- 8 Exhibit 4 - Contracting with Small Business, Minority Firms, Women' s Business Enterprise, and Labor Surplus Area Firms...................................................... IV- 18 Exhibit 5 - Compliance with Clean Air and Water Acts ...................................................... IV- 19 Exhibit 6 - Prime Contractor' s List of Proposed Subcontractors ....................................... IV- 20 Exhibit 7 - Prime Contractor File Checklist ........................................................................ IV- 21 Exhibit 8 - Certification of Understanding and Payroll Authorization.................................. IV- 22 Exhibit 9 - Report of Additional Classification and Rate.................................................... IV- 23 Exhibit 10 - Non- Segregated Facilities Certification.......................................................... IV- 24 Exhibit 11 - Past Performance Certification .................................................................................................... IV- 25 Exhibit 12 - Notice of Equal Employment Opportunity........................................................ IV- 25 Exhibit 13 - Federal Lobbyist Certification ......................................................................... IV- 27 Exhibit 14 - County Lobbyist Certification .......................................................................... IV- 28 Exhibit 15 - Fringe Benefit Payment Certification .............................................................. IV- 29 Exhibit 16 - Statement of Compliance ............................................................................... IV- 30 Exhibit 17 - Agency Report of Contract Award .................................................................. IV- 31 Exhibit 18 - Section 3 Clause and Program Forms ............................................................ IV- 32 Exhibit 19 - Worker' s Compensation Certificate ................................................................ IV- 37 Exhibit 20 - Federal Wage Decision .................................................................................. IV- 38
EXHIBIT 1
SUMMARY OF CONTRACT PROVISIONS FOR INCLUSION IN
THE NOTICE INVITING BIDS FOR A FEDERALLY FUNDED PROJECT Prevailing Wage Statement: This contract will be funded in whole or in part with federal housing and community development funds. The Federal Labor Standards Provisions, including prevailing wage requirements of the Davis- Bacon and Related Acts will be enforced, A copy of the Federal Wage Decision applicable to this project is included in the Bid Document.
This is project is a public work in the State of California, funded in whole or in part with public funds. Therefore, the higher of the two applicable prevailing wage rates, federal or state, will be enforced. The Contractor' s duty to pay State prevailing wages can be found under Labor Code Section 1770 et seq. Labor Code Sections 1775 and 1777.7 outline the penalties for failure to pay prevailing wages and to employ apprentices, including forfeitures and debarment. The State Wage Decision is on file at the City Clerk' s office, and is also available Online at http:// www. dir. ca. gov/ dlsr/.
Apprenticeship Proaram: Attention is directed to Sections 1777, 5, 1777. 6, and 1777. 7 of the California Labor Code and Title 8, California Administrative code, Section 200 et seq. to ensure compliance and complete understanding of the law regarding apprentices.
Section 3 Statement: See Page IV- 32.
Conflict of Interest: In the procurement of supplies, equipment, construction, and services by sub- recipient$, the conflict of interest provisions in ( State LCA - 24 CFR 85, 36 and Non- Profit Organizations - 24 CFR 84. 4), OMB Circular A- 110, and 24 CFR 570. 611, respectively, shall apply. No employee, officer or agent of the sub- recipient shall participate in selection, or in the award or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved.
HUD- 4010 U.S. Department of Housing and Urban Development Federal Labor Standards Provisions Office of Davis- Bacon and Labor Standards A. APPLICABILITY
The Project or Program to which the construction work covered by this Contract pertains is being assisted by the United States of America, and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance.
1) MINIMUM WAGES
i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account( except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act( 29 CFR Part 3)), the full amount of wages and bona fide fringe benefits( or cash equivalents thereof) due at time of payment, computed at rates not less than those contained in the wage determination of the Secretary of Labor( which is attached hereto and made a part hereof), regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis- Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)( 1)(iv); also, regular contributions made or costs incurred for more than a weekly period ( but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4).
Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer' s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination ( including any additional classification and wage rates conformed under 29 CFR 5.5( a)( 1)(ii) and the Davis- Bacon poster( WH1321)) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place, where it can be easily seen by the workers. ii) Additional Classifications.
A) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met:
1) The work to be performed by the classification requested is not performed by a classification in the wage determination;
2) The classification is utilized in the area by the construction industry; and 3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
B) If the contractor, the laborers and mechanics to be employed in the classification ( if known), or their representatives, and HUD or its designee agree on the proposed classification and wage rate( including the amount designated for fringe benefits, where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division (" Administrator"), Employment Standards Administration, U. S. Department of Labor, Washington, D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30- day period that additional time is necessary. ( Approved by the Office of Management and Budget(" OMB") under OMB control number 1235- 0023.) C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, or HUD or its designee do not agree on the proposed classification and wage rate( including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30- day period that additional time is necessary. ( Approved by the Office of Management and Budget under OMB Control Number 1235- 0023.)
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D) The wage rate( including fringe benefits, where appropriate) determined pursuant to subparagraphs( 1)(ii)( B) or( C) of this paragraph, shall be paid to all workers performing work in the classification under this Contract from the first day on which work is performed in the classification. iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis- Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. ( Approved by the Office of Management and Budget under OMB Control Number 1235- 0023.) 2) Withholding. HUD or its designee shall, upon its own action or upon written request of an authorized representative of the U.S. Department of Labor, withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally- assisted contract subject to Davis- Bacon prevailing wage requirements which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work, all or part of the wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The U. S. Department of Labor shall make such disbursements in the case of direct Davis- Bacon Act contracts. 3) Payrolls and basic records.
i) Maintaining Payroll Records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification( s), hourly rates of wages paid( including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1( b)( 2)( B) of the Davis- Bacon Act), daily and weekly number of hours worked, deductions made, and actual wages paid.
Whenever the Secretary of Labor has found, under 29 CFR 5.5( a)( 1)(iv), that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1( b)( 2)( B) of the Davis- Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits.
Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.( Approved by the Office of Management and Budget under OMB Control Numbers 1235- 0023 and 1215- 0018) ii) Certified Payroll Reports.
A) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR5. 5(a)( 3)( i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead, the payrolls only need to include an individually identifying number for each employee( e.g., the last four digits of the employee' s social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH- 347 is available for this purpose from the Wage and Hour Division Web site at https:// www. dol. gov/ agencies/ whd/ forms or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors.
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Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee, the contractor, or the Wage and Hour Division of the U.S.
Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this subparagraph for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to HUD or its designee.( Approved by the Office of Management and Budget under OMB Control Number 1235- 0008.) B) Each payroll submitted shall be accompanied by a " Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:
1) That the payroll for the payroll period contains the information required to be provided under 29 CFR
5.5(a)(3)( ii), the appropriate information is being maintained under 29 CFR 5.5(a)(3)( i), and that such information is correct and complete;
2) That each laborer or mechanic ( including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; 3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract; and
C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH- 347 shall satisfy the requirement for submission of the" Statement of Compliance" required by subparagraph a)( 3)( ii)( b)•
D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 3729 of Title 31 of the United States Code. iii) The contractor or subcontractor shall make the records required under subparagraph ( a)( 3)( i) available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the U.S. Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR5. 12. 4) Apprentices and Trainees.
i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency( where appropriate), to be eligible for probationary employment as an apprentice.
The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates( expressed in percentages of the journeyman' s hourly rate) specified in the contractor' s or subcontractor' s registered program shall be observed.
Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice' s level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination.
Apprentices shall be paid frin. Qe benefits in accordance with the provisions of the apprenticeship pro. Qram.
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If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
ii) Trainees. Except as provided in 29 CFR 5. 16, trainees will not be permitted to work at less than the predetermined rate for the work performed, unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee' s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed.
In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
iii) Equal employment opportunity. The utilization of apprentices, trainees, and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30.
5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this Contract.
6) Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in subparagraphs( 1) through ( 11) in this paragraph ( a) and such other clauses as HUD or its designee may, by appropriate instructions, require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this paragraph. 7) Contract termination; debarment. A breach of the contract clauses in 29 CFR5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5. 12. 8) Compliance with Davis- Bacon and Related Act Requirements. All rulings and interpretations of the Davis- Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this Contract. 9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this Contract shall not be subject to the general disputes clause of this Contract. Such disputes shall be resolved in accordance with the procedures of the U.S. Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor( or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives.
10) Certification of Eligibility.
i) By entering into this Contract, the contractor certifies that neither it( nor he or she) nor any person or firm who has an interest in the contractor' s firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis- Bacon Act or 29 CFR 5.12( a)( 1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24.
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ii) No part of this Contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3( a) of the Davis- Bacon Act or 29 CFR5. 12(a)( 1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24.
iii) Anyone who knowingly makes, presents, or submits a false, fictitious, or fraudulent statement, representation or certification is subject to criminal, civil and/ or administrative sanctions, including fines, penalties, and imprisonment e. g., 18 U. S. C.§§ 287, 1001, 1010, 1012; 31 U. S. C. §§ 3729, 3802. 11) Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic, to whom the wage, salary, or other labor standards provisions of this Contract are applicable, shall be discharged or in any other manner discriminated against by the contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer.
B. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
The provisions of this paragraph ( b) are applicable where the amount of the prime contract exceeds$ 100, 000. As used in this paragraph, the terms" laborers" and " mechanics" include watchmen and guards. 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 B(1) of this paragraph, the contractor, and any subcontractor responsible therefor, shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States( in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph B(1) of this paragraph, in the sum set by the U.S.
Department of Labor at 29 CFR 5.5( b)( 2) 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 subparagraph B(1) of this paragraph. In accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990( 28 U. S. C. § 2461 Note), the DOL adjusts this civil monetary penalty for inflation no later than January 15 each year. 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 U.S. 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 B(2) of this paragraph. 4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph B(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 B(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 or her 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 29 CFR Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act,( Public Law 91- 54, 83 Stat 96), 40 U. S. C. § 3701 et seq.
3) The contractor shall include the provisions of this paragraph in every subcontract, so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions.
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PAST PERFORMANCE CERTIFICATION
With regard to performance of previous contracts or subcontracts subject to the Equal Opportunity Clause and filing of required reports The bidder, proposed sub- contractor, hereby certifies that he/ she has, has not, participated in a previous contract or subcontract subject to the Equal Opportunity Clause, as required by Executive Orders 10925, 11114, or 11246, and that he/ she has, has not, filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance ( OFCCP), a Federal Government contracting or administering agency, or the former President' s Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements.
Date: Project Number: ContractAward: $
Awarding Agency:
Contractor Name: Total Number of Employees
Affiliate Company-
By-
Title-
NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor 41 CFR 60- 1. 7( b)( 1), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60- 1.5 (Generally only contracts or subcontracts of$ 10,000 or under are exempt).
Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60- 1.7(b)(1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the U. S. Department of the Interior or by the Director, Office of Federal Contract Compliance, U. S.
Department of Labor.
SF- 100 ( EEO- 1) must be filed bv;
A) All private employers who are:
1) Subject to Title VII of the Civil Rights Act of 1964 ( as amended) with 100 or more employees. 2) Subject to Title VII who has fewer than 100 employees, if the company is owned or affiliated with another company, or there is centralized ownership, control or management so that the group legally constitutes a single enterprise, and the entire enterprise employs a total of 100 or more employees.
B) All federal contractors( private employers), who:
1) Are not exempt as provided for by 41 CFR 60- 1.5 2) Have 50 or more employees, and
a. Are prime contractors or first- tier subcontractors, and have a contract, subcontract, or purchase order amounting to $ 50, 000 or more; or
b. Serve as a depository of Government funds in any amount, or c. Is a financial institution, which is an issuing, and paying agent for U. S. Savings Bonds and Notes.
EXHIBIT 3
FEDERAL EQUAL EMPLOYMENT OPPORTUNITY/
AFFIRMATIVE ACTION REQUIREMENTS
Federal Contract Provision
1. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE. During the performance of this contract, the contractor agrees as follows:
a. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
b. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.
C. The contractor will send to each labor union or representative of workers with which he/ she has a collective bargaining agreement or other contract or understanding, a notice to be provided, advising the said labor union or workers' representative of the contractor' s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
d. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
e. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/ her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
f. In the event of the contractor' s noncompliance with the nondiscrimination clause of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole, or in part, and the contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
g. The contractor will include the provisions of Paragraph la through 1g in every subcontract or purchase order unless exempted by rule, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contract or may request the United States to enter into such litigation to protect the interests of the United States.
2. EQUAL EMPLOYMENT SPECIFICATIONS ( Executive Order 11246). a. As used in these specifications-
1) Covered area means the geographical area described in the solicitation from which this contract resulted;
2) Director means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority;
3) Employer Identification Number ( EIN) means the Federal Social Security Number used on the Employer' s Quarterly Federal Tax Return, United States Treasury Department Form 941.
4) Minority includes:
a) Black ( all persons having origins in any of the Black African racial groups not of Hispanic origin)
b) Hispanic ( all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin, regardless of race);
c) Asian and Pacific Islander ( all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the pacific Islands); and
d) American Indian or Alaskan Native ( all persons having origins in any of the original peoples of North America and
maintaining identifiable tribal affiliations through membership and participation or community identification).
b. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $ 10, 000 the provisions of these specifications and the notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted.
C. If the contractor is participating ( pursuant to 41 CFR Part 60- 4. 5) in a Hometown Plan approved by the United States Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area ( including goals and time tables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO Clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor' s or subcontractor' s failure to take good faith efforts to achieve the Plan goals and timetables. d. The contractor shall implement the specific affirmative action standards provided in paragraphs 3g ( 1) through 3g ( 16) of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor should reasonable be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified.
e. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the contractor has a collective bargaining agreement, to refer either minority or women shall excuse the contractor' s obligations under these specifications, Executive Order 11246 or the regulations promulgated pursuant thereto.
f. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the contractor during the training period, and the contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the United States Department of Labor.
g. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the contractor' s compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following-
1) Ensure and maintain working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the contractor' s employees are assigned to work. The contractor, where possible, will assign two or more women to each construction project.
The contractor shall specifically ensure that all foremen, superintendents, and other on- site supervisory personnel are aware of and carry out the contractor' s obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities.
2) Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organization' s responses. 3) Maintain a current file of the name, address, and telephone numbers of each minority and female off- the street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred, not employed by the contractor, this shall be documented in the file with the reason therefore, along with whatever additional actions the contractor may have taken.
4) Provide immediate written notification to the Director when the union or unions with which the contractor has a collective bargaining agreement has not referred to the contractor a minority person or woman sent by the contractor, or when the contractor has other information that the union referral process has impeded the contractor' s efforts to meet its obligations.
5) Develop on- the- job training opportunities and/ or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor' s employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notice of these programs to the sources compiled under 3g (2) above.
6) Disseminate the contractor' s EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed.
7) Review, at least annually, the company' s EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with on- site supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. 8) Disseminate the contractor' s EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractor' s EEO policy with other contractors and subcontractors with whom the contractor does or anticipates doing business.
9) Direct its recruitment efforts, both oral and written, to minority, female, and community organizations; to schools with minority and
female students; and to minority and female recruitment and training organizations serving the contractor' s recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment sources, the contractor shall send written notification to organizations such as the above, describing the opening, screening procedures, and tests to be used in the selection process. 10) Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to minority and female youth, both on the site and in other areas of a contractor' s work force. 11) Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60- 3, Uniform Guidelines on Employee Selection Procedures.
12) Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities.
13) Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment- related activities to ensure that the EEO policy and the contractor' s obligations under these specifications are being carried out.
14) Ensure that all facilities and company activities are non-segregated except that separate or single- user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. 15) Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. 16) Conduct a review, at least annually, of all supervisors' adherence to and performance under the contractor' s EEO policies and affirmative action obligations.
h. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations 3g( 1) through ( 16). The efforts of a contractor association, joint contractor- union, contractor- community, or other similar group of which the contractor is a
member and participant, may be asserted as fulfilling any one or more of its obligations under 3g( 1) though ( 16) of these specifications provided that the contractor actively participates in the group, makes every effort to ensure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the contractor' s minority and female work force participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractor' s, and failure of such a group to fulfill an obligation shall not be a defense for the contractor' s noncompliance. i. A single goal for minorities and a separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non- minority. Consequently, the contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner for example, even though the contractor has achieved its goals for women generally, the contractor may be in violation of the Executive Order if a specific minority group of women is underutilized).
j. The contractor shall not use the goals and timetables of affirmative action standards to discriminate against any person because of race, color, religion, sec or national origin.
k. The contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246.
I. The contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended.
m. The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative actions steps, at least as extensive as those standards prescribed in Paragraph 3g of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR Part 60- 1.8 (Show Cause Notice).
n. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation, if any, employee identification number when assigned, social security number, race, sex, status ( e. g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records.
o. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents ( e. g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program).
p. The Director, from time to time, shall issue goals and timetables for minority and female utilization which shall be based on appropriate work force, demographic or other relevant data and which shall cover construction projects or construction contracts performed in specific geographic areas.
The goals, which shall be applicable to each construction trade in a covered contractor' s or subcontractor' s entire work force which is working in the area covered by the goals and timetables, shall be published as notices in the Federal Register, and shall be inserted by the contracting officers and applicants, as applicable, in the Notice required by 41 CFR 60-4.2.
3. SPECIFIC EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS. For a federally assisted construction contract in excess of $ 1070007 the contractor/ subcontractor shall:
a. Forward the following EEO certification forms to the contract awarding authority prior to contract award: Certification of Non- segregated Facilities and Certification with Regard to the Performance of Previous Contracts or Subcontracts Subject to the Equal Opportunity Clause and the Filing of Required Reports.
b. Submit a notification of subcontracts awarded to the Director, Office of Federal Contract Compliance Programs, United States Department of Labor - ESA, 200 Constitutional Avenue, NW, Room C3325, Washington, D. C., 20210, within 10 working days of award of any subcontract in excess of$ 10, 000, listing the name, address, and telephone number of the
subcontractor; employer identification number; estimated dollar amount of the subcontract; estimated starting date and completion dates of the subcontract; and the geographical area in which the contract is to be performed.
C. Send a notice of the contractor' s commitment to equal employment opportunity to labor unions or representatives of workers prior to commencement of construction work.
d. Display an equal employment opportunity poster in a conspicuous place available to employees and applicants for employment.
e. For contracts in excess of $ 10, 000, bind subcontractors to the Federal Equal Employment Opportunity requirements by including the provisions of Paragraphs 1 through 3, above, in the subcontract.
f. Upon commencement of construction work and until the work is completed, forward the Monthly Employment Utilization Report ( Form CC- 257) to the contract awarding authority by the end of each work month. With the initial monthly report, the contractor/ subcontractor shall attach the Contractor' s List of Federal and Non- Federal Work in Bid Condition Area to the monthly report.
4. NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY ( Executive Order 11246)
a. The Offeror or Bidder' s attention is called to the Equal Opportunity Clause and the Standard Federal Equal Employment Specifications set forth herein.
b. The goals and timetables for minority and female participation, expressed in percentage terms for the contractor' s aggregated work force in each trade on all construction work in the covered area, are as follows:
Goals for Minority Goals for Female
Participation for Participation in
Timetables Each Trade Each Trade
28. 3% 6. 9%
These goals are applicable to all the contractor' s construction work ( whether or not it is Federal or federally assisted) performed in the covered area. If the contractor performs construction work in a geographical area located
outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its federally involved and non- federally involved construction. The contractor' s compliance with the Executive Order and the regulations in 41 CFR Part 60- 4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmation action obligations required by the specifications set forth in 41 CFR Part 60- 4. 3( a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from contractor to contractor or from project to project for the sole purpose of meeting the contractor' s goals shall be a violation of the contract, the Executive Order, and the regulations of 41 CFR Part 60- 4. Compliance with the goals will be measured against the total work hours performed.
C. The contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within ten ( 10) working days of award of any construction subcontract in excess of $ 10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed.
d. As used in this notice, and in the contract resulting from this solicitation, the covered area is the Standard Metropolitan Statistical Area of Los Angeles- Long Beach, specifically the County of Los Angeles, State of California.
EXHIBIT 4
CONTRACTING WITH SMALL BUSINESS, MINORITY FIRMS,
WOMEN' S BUSINESS ENTERPRISE, AND LABOR SURPLUS AREA FIRMS Federal Contract Provision
1. It is national policy to award a fair share of contracts to Small business and Minority Firms. Accordingly, affirmative steps must be taken to assure that Small Business and Minority Firms are utilized when possible, as sources of supplies, equipment, construction and services. Affirmative steps include the following:
a. Including qualified Small Business and Minority Firms on solicitation lists. b. Assuring that Small Business and Minority Firms are solicited whenever they are potential sources.
C. When economically feasible, dividing total requirements into smaller tasks or quantities so as to permit maximum Small Business and Minority Firm participation.
d. Where the requirement permits, establishing delivery schedules which will encourage participation by Small Business and Minority Firms. e. Using the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce, as required.
f. If any subcontracts are to be let, requiring the prime contractor to take the affirmative steps in 1a through 1e above.
2. Grantees shall take similar appropriate affirmative action in support of Women' s Business Enterprises.
3. Grantees are encouraged to procure goods and services from Labor Surplus Areas.
Exhibit 5
COMPLIANCE WITH CLEAN AlR AND WATER ACTS
Applicable to federally assisted construction contracts and related subcontracts exceeding$ 100,000) During the performance of this contract, the contractor and alli subcontractors shall comply with the requirements of the Clean Air Act, as amended, 42 USC 1857, et seq., the Federal Water Pollution Control Act, as amended, 33 USC 1251, et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CF R Part 15, as amended,
In addition to the foregoing requirements, all nonexempt contractors and subcontractors shall furnish to the owner the followjng:
1 A stipulation by the contractor or subcontractors that any faciI4 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 CFI 1620. 2 Agreement by the contractor to comply with: all the requirements of Section 114 of the Dean Air Act, as, amended ( 42 USC 1857c- 8) and Section 308 of the Federal Water Pollution Control Act, as amended ( 33 USC 1318) relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder,
3 A stipulation that as a condition for the award of the contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a:facility utilized or to be utilized for the contract is under consideration to be fisted on the EPA List of Violating Facilities. 4 Agreement by the contractor that he will Include, or cause to be included, the criteria and requirements in paragraph( 1) through( 4) of this section in every nonexempt subcontract and requiring that the contractor will take such action as the Government may direct as a means of enforcing such provisions, Name of Contractor
Address
Signature and Tide
Date
EXHIBIT 6
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EXHIBIT 7
Prime Contractor File Checklist
LocM Contracting Agency( LCA)," Phnie Contractor Name:
Project Name: proiecl Number
IMOO
Pn: rl! INanv of Labor Standaydt, Offibef( LSO) LSO' 54gnakffe DATE
CONTRACT ACTIVITY I
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PRE- 810 REQUIREMENTS- nustberevi~. . 4 m4,3rcp—p* dby GrardsMmapmml Unt jGMjU[pm.x"to adA-Ibm gMe,PA70jerlaid WOKOMghids:
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EXHIBIT 8
CERTIFICATION OF UNDERSTANDING AND PAYROLL AUTHORIZATION Federal Compliance Form - to be submitted with Bid
Project Name/ Number Awarding Agency
Company Name
Company Address
License Number Employer Identification Number DUNS Number This is to certify that the principal{ s), and the authorized payroll officer listed below, have read the " Contractor' s Guide to Prevailing Wage Requirements for Federally Assisted Construction" and the Federal Labor Standards Provisions ( HUD- 4010 form) and that both parties understand these requirements.
The following person is designated as the payroll officer for the company and is authorized to sign the Statement of Compliance that will accompany each weekly Certified Payroll Report for the project:
PAYROLL OFFICER: ( individual responsible for signing Statements of Compliance) Name Title
Signature Date
PRINCIPAL OWNER/ GENERAL PARTNER: ( listed on CSLB Personnel List) Name Title
Signature Date
EXHIBIT 9
Ul.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HUD FORM 4230A REPORT OF ADDITIONAL CLASSIFICATION AND RATE 0- V?
1, FROM Oame and address ofrequesfing agency) 2 PROJECT NAME AND NUMBER 1 LOCATION OF PROJECT( City, County and State)
4, BRIEF DESCRIPTION OF PROJECT 5. CHARACTER OF CONSTRUCTION Building [ I residential
Q Heavy [ I Other(specify)
Ej Highway
6 WAGE DECIMON NO, IIfl dude modificaficn number, if any) 7, WAGE DECISION EFFECTIVE DATE E] COPYATTACHED
WORK CLASSIFICATIONi HOURLY WAGE RATES
BASIC WAGE FRINGE BENEFIT( S)( if any)
9, PRIME CONTRACTOR( name, address) 10, SUBCONTRACTORIEMPLOYER, IF APPLICABLE( name, address) El The work to be perfo"- ned by the addrticnal dassification( s) is not performed by a classification in the appficable wage decision. 11 The proposed c9assifioafion is utilized in the area by the construction industry. 0 T he proposed wage rate( s), inClUding any bona fade fringe benefits, bears a reasonable relationship to the wage rates contained iin the" rage decision,
The interested parties, including the employees or their authorized representatives, agree on the classification( s) and wage rates) Supporting docurre- ntation attached, including appHcable wage decision e"c n e
El Approved!,, meets all criteria. DOL confirmation requested. 0 One or more classificartions fail to meet all criteria as explained in agency referral. DOL decision requested.
FOR HUD USE ONLY
LR2000
Agency Representative Date
Typed rigor* and signature) Log in,
Log out*.
EXHIBIT 10
NON- SEGREGATED FACILITIES CERTIFICATION
Federal Compliance Form - to be submitted with Bid
The Federally- assisted construction contractor certifies that he/she DOES NOT and WILL NOT:
5. Maintain or provide, for his/ her employees, any segregated facilities at any of his/ her establishments.
6. Permit his/ her employees to perform their services at any location, under his/her control, where segregated facilities are maintained.
The Federally- assisted contractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this contract. As used in this certification, the term segregated facilities means any waiting room, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas1 parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise.
The Federally- assisted contractor agrees that ( except where he/ she has obtained identical certifications from proposed subcontractors for specific time periods) he/she will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $ 10,000 which are not exempt from the provisions of the Equal Opportunity Clause, and that he/she will retain such certifications in his/ her files.
NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.
Date: Project Number-
Company-
Address-
By-
Title-
EXHIBIT 11
PAST PERFORMANCE CERTIFICATION
Federal Compliance Form - to be submitted with Bid
The bidder, proposed sub- contractor, hereby certifies that he/ she has, has not, participated in a previous contract or subcontract subject to the Equal Opportunity Clause, a required by Executive Orders 10925, 11114, or 11246, and that he/she has, has not, files with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President' s Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements.
Date: Project Number: Contract Award $
Awarding Agency:
Contractor Name:
Affiliate Company:
By: Title:
NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor ( 41 CFR 60- 1. 7( b)( i), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60- 1.5 ( generally only contracts or subcontracts of$ 10, 000 or under are exempt).
Proposed prime contractors and subcontractors who have participated In a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60- 1.7(b)( 1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the U.S. Department of the Interior or by the Director, Office of Federal Contract Compliance, LJ.S. Department of Labor.
SF- 100( EEO- 1) must be filed by:
A) All private employers who are:
1) Subject to Title VII of the Civil Rights Act of 1964( as amended) with 100 or more employees. 2) Subject to Title VII who has fewer than 100 employees, if the company is owned or affiliated with another company, or there is centralized ownership, control or management so that the group legally constitutes a single enterprise, and the entire enterprise employs a total of 100 or more employees.
B) All federal contractors( priVate employers), who:
1) Are not exempt as provided for by 41 CFR 60- 1 .5 2) Have 50 or more employees, and
a. Are prime contractors or first- tier subcontractors, and have a contract, subcontract, or purchase order amounting to$ 50, 000 or more; or
b. Serve. is a depository of Government funds In any amount, or C. Is a financial institution, which is an issuing, and paying agent for U. S. Savings Bonds and Notes.
EXHIBIT 12
NOTICE OF EQUAL EMPLOYMENT OPPORTUNITY
Federal Compliance Form - to be submitted with Bid
TO:
Name of Labor Union, Workers Representative, etc.)
Address)
Name of Business ( Contractor):
Project Name: Project Number:
The Undersigned currently holds a contract with
involving funds of the U, S. Government, or a subcontract with a prime contractor holding such contract.
You are advised that under the provisions of the above contract or subcontract, and in accordance with Executive Order 11246, the undersigned is obligated not to discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. This obligation not to discriminate in employment includes, but is not limited to the follow-
1. Hiring, placement, upgrading, transfer or demotion;
2. Recruitment, advertising or solicitation for employment;
3. Treatment during employment;
4. Rates of pay or other forms of compensation;
5. Selection for training, including apprenticeship; and
6. Layoff or termination.
This notice is furnished to you pursuant to the provisions of the above contract or subcontract and Executive Order 11246. Copies of this notice will be posted by the undersigned in conspicuous places available to employees or applicants for employment.
By:
Print Name) Signature)
Date) Title)
EXHIBIT 13
FEDERAL LOBBYIST CERTIFICATION
Federal Compliance Form - to be submitted with Bid
Name of Firm:
Address:
State: Zip Code: Telephone Number: ( )
Acting on behalf of the above named firm, as its Authorized Official, I make the following Certification to the U. S. Department of Housing and Urban Development and the body awarding this federally assisted construction contract:
1. No Federal appropriated funds have been paid by or on behalf of the above named firm to any person for influencing or attempting to Influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress In connection with the awarding of any Federal contract, the making of and Federal grant1 loan or cooperative agreement, and any extension, continuation, renewal, amendment, or modification thereof, and;
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee or any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress In connection with this federal contract, grant loan, or cooperative agreement, the above named firm shall complete and submit Standard Form- LLL, " Disclosure Form to Report Lobbying". in accordance with Its instructions, and;
3. The above name firm shall require that the language of this certification be Included in the award documents for all sub- awards at all tiers ( including subcontracts, sub- grants, and contracts under grants, loans, and cooperative agreement) and that all sub- recipients shall certify and disclose accordingly.
NOTE: This certification Is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification Is a prerequisite for making or entering Into the transaction imposed by Section 1352 Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $ 101000 and not more than $ 100, 000 for each such failure.
Authorized Official:
By:
Print Name) Signature)
Date) Title)
EXHIBIT 14
COUNTY LOBBYIST CODE CHAPTER 2. 160
COUNTY ORDINANCE NO. 93- 0031
CERTIFICATION
Name of Firm:
Address:
State: Zip Code, Telephone Number-.
Acting on behalf of the above named firm, as its Authorized Official, I make the following Certification to the Los Angeles County Development Authority( LACDA).
1) It is understood that each person/ entity/ firm who applies for a Los Angeles County Development Authority contract, and as part of that process, shall certify that they are familiar with the requirements of the Los Angeles County Code, Chapter 2. 160( Los Angeles County Ordinance 93- 0031) and;
2), That aII personis/entitiesifi rms acting on behalf of the above named firm have and wi11comply with the County Code, and;
3) That any person/entity/firm who seeks a contract with the Los Angeles County Development Authority shall be disqualified therefrom an d denied the contract and, shall) be Iia ble in c iviI action, if any lobbyist, lobbying firm, lobloyistemployer or any other person or entity acting on behalf of the named firm fails, to comply with the provisions of the County Code.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or enteringi into contract with Los Angeles County and the Los Angeles County Development Authority.
Authorized Official:
By-
C; ontya ctor/ lAftoft actoj) Siplafilre) I
Dale) Tifle)
EXHIBIT 15
Fringe Benefit Payment Certification
P4YO40 NAME AWARMNG ACFNCY/(' ONTRACtOR
PkOACTLOCA110N
COMPANY NAME
C( DWANY ADORFS5
Ur ENS E NUMW FMKOYFROENTIFICARDN NUMBER DUNS N: UMfl Fk
WORK CLASSIFICATION, HOURLY FRINGE BENENTS PROVIDED NAME, ADDRESS, AND TELEPHONE NUMBER
OF THE APPROVED PLAN, FUND, OR PROGRAM
HeDllh 8. Wej cxe
V g_')
e'
HeNth& welfixe
poh5inn
Vqr' Qsl1Qq
Heoflh& welfare
Perwon
vacdio"
Apq,? Mi; 7,ffi
njCUahrAnp-L
L Cq'9MyA_f'4_4e'_ 2.
H.. Oh X Wp0gre
olhrljex
s7 7,7],
e all h& WO( re
V. Non
f—Anweor'k-wNo_TrcAnq $
0" he lexcvk) n
Ii3 7 j u
11cc,( fity 200er QQnQRVQf uuduu thot:
D I trake payments to a Dproved fringe benefit ptans, fvnds, or programs as listed above, OR-
I IDO NIOTmake payments to approved 16n9c benclit plam, funds, or progrorm.
Bene fits,are added to hou rly rates and paid each week to the employees.
A UT HOPP Fn OF F NC IAL NAM F AUTI fOR17D OF FICI A L I I LUC AR A C1TY AU 1100P W OPP 90 AL S C, NA CUP F DATE
EXHIBIT 16
STATE OF CALIFORNIA
STATEMENT 4F COMPLIANCE
Late:
do hereby state.
Name of signatory party) Tdtfe)
f) That I pay or supervise the payment of the persons reported on the Certified Payroll Report by on the that during the payroll) period
commencing on the day of and ending the day
of 24— all persons vaorkungon said project have been paid the Fullweekly sums earned, that no rebates have been or vAII be made either dl or indirectly to, or on behalf of, said from the full weekly sums earned by any person i ui Lia.ck 3i ASUbCOrrRLi kW)
and that no deductions have been made either directly or iindirecby Irorm the full Sums earned by any person, other than permissible deductions, as described Wow.
2) That any payrolls or hsbnelr,or otherwise under this contract required to be subrnded for the above poriod are correct and complete, that the wage rates for laborers or mechanics contained therein are not less than the applicable wage rates contained In any wage determination incorporated into the contract, that the classifications set forth therein for each Iatararer or mechanic conform with the work he performed, 3) That any appr' enboes employed in the above period are duly rosg6stered in a bona hide apprenticeship pro,g rarn regosteted wth a Mate apprenticeship agency. 4) That:
a7 WHERE FRINGE BENEFIT' S ARE. PAID TO APPROVED PLANS„ FUNDS, CARPROGRAMS p In additIon;to the basic hnu.lrly wage rates paid to each,laborer or mechanic IisteuI in the above referenced payroll or( listings payments of fringe t; nefuts as listed in the contract have been or will) Naemade to appropriate programs for the benefit of such employees„ except as mated in Section 4( c) be low.
b) WHERE FRINGE BENEFITS ARE PAID IN CASH
Each laborer or mechanic listed) in the above referenced payroul or listings has been paid as indicated on the payroll or listings an amount not less than the sum of the applicable basic hourly+ wage rate plus the amount of the required fringe benefits as lusted In the contract,. except as noted' iin Section 4( c) below c) EXCEPTIONS
EXCEPTION( CRAFT) EXPLANATION
Re rnarks:
NAME AND TITLE SIGNATURE
Also, the Witfut falsification of any of thanabove sfatamaaamtsmay srrbja"Qt the Contractor or suMDratrartcr to uaivil or criminal' prosecution( see Section 1 G0t of Title 18 and Sect on 2,311 of Title 31 of the United States Crane'),
EXHIBIT 17
AGENCY REPORT OF CONSTRUCTION CONTRACT AWARD
05/ 15/ 19)
TO: Program Manager— Grants Management Unit( GMU) Date:
FROM: Local Contracting Agency Name:
Project Name: Project Number:
A formal bid opening, or informal solicitation for this construction contract was held on: Date:
A[ Contract SuUcontract was awarded to the contractor identified below on: Date:
The contract amount for the scope of work to be performed by this Contractor, as detailed below, is: Amount:
This is or is not a Section 3 qualified construction contract A Section 3 Pre- Bid Meetingwas held on: Date:
A copy of the completed Section 3 Bid Evaluation form was providedto the GM on: Date:
The Contractor' s Eligibility was verified prior to the contract with search results from:
CaliforniaContractorsStateLicensingBoard(CSLB)website(http://www.cslb.ca.gov)on: Date:
California Department of Industrial Relations( DIR) website( ht gs:// efiling. dir. ca. gov/ PWCR/ Search) on: Date:
CaliforniaDepartmentof IndustrialRelations(DIR)website( https://www.dir.ca.gov/dlse/debar)on: Date:
FederalListof PartiesExcludedfrom federalcontractawardwebsite( https://www.sam.gov) on: Date:
A Notice of Contract Award letter was sent to the U. S. Dept. of Labor, OFCCP( contracts$ 10, 000 or more) on: Date:
Identify the detailed scope of work FOR THIS CONTRACTOR Estimated Start Date: Estimated Completion Date:
Identify the work classifications to be USED BY THIS CONTRACTOR at the construction site Estimated Workforce size:
Asbestos Worker Equipment Operator Group _ Lather Roofer Bricklayer Glazier Marble setter Sheet metal worker
Carpenter Ironworker Painter Terrazzo Worker
Cement Mason Laborer Group _ Plasterer Tile layer
Electrician Labor/ Striper Group Plumber other)
The Contractor( s) acknowledge, by signature below, that: " This construction project is funded in whole orin part with Federal funds." A copy of the Federal Labor Standards Provisions( HUD-4010 form), is attached to the contractor' s copy of this form.
A copy of the assigned Federal Wage Decision identified below, is attached to the contractor' s copy of this form.
Federal Wage Decision Number: CA Mod. , DATED http:// www. wdol. aov/).
The Contractor( s) further acknowledge that federal prevailing wage and fringe benefit rates must be paid to all workers each week.
Employer Identification Number: Employer Identification Number:
Contractor License Number: Contractor License Number:
Authorized Signature of CompanyRepresentative AuthorizedSignatureof CompanyRepresentative Black American Women Owned Business Native American Black American Women Owned Business Native American White American Minority Owned Business Hasidic Jews White American Minority Owned Business Hasidic Jews El Hispanic American Section 3 Qualified Business Asian/ Pacific American El Hispanic American Section 3 Qualified Business Asian/ Pacific American
Tips for completing the Agency Report of Contract Award form TheAgencyReportof ContractAward(ARCA)formhelpsto protectthe interestof all partiesconcernedandshouldbecompletedat the pre-constructionconference.
Senda copyof thecompletedform(s) to the GMUContractComplianceOfficerviaemail. TheARCAis processedas follows:
Local Contracting Agency( LCA) must;
o Enter the basic project information on the form,
o Enter the dollar amount of the Prime Contract
o Explain the prevailing wage requirements as outlined in the specifications, o Do not sign the form until it is returned, completed by the prime sub, or lower- tier contractor, o Collect form from the contractor and review for accuracy, o Initial and email completed form( s) to the GMU Contract Compliance Officer.
Prime Contractor must;
o Provide an estimated start and end date, and a summary the Scope of Work, o Identify the basic trades and number of workers to be used on site, o Complete lower left section— business address and EEO portion, and o Sign and return the form to the LCA.
o Subcontractor form, provide the dollar amount of each subcontract Ensure subcontractor has a copy of the HUD- 4010 form& Federal Wage Decision Collect form from the sub- contractor and review it for accuracy Sign and forward the form to the LCA
Sub and Lower- tier contractor must;
o Provide an estimated start and end date, and a summary the Scope of Work, o Identify the basic trades and number of workers to be used on site, o Complete lower right section— business address and EEO portion, and o Sign and return the form to the Prime Contractor.
1. Date of formal Bid Opening or Informal Solicitation Date: LCA identifies the date of formal bid opening was held. For an informal solicitation, the date that the contractor signed a construction contract with the LCA.
2. Contract Award Date: Prime Contracts, the date an agreement was signed with the LCA.
Subcontracts, the date an agreementwas signedwith the primecontractor.
Lower- tier contracts, the date an agreement was signed with the subcontractor.
3. Section 3 Qualified Contracts: The LCA is requiredto conducta presentationof the bid preferenceand hiring requirementsof Section3 duringthe Pre- Bid Meeting. In addition,duringthe bidevaluations,the LCAwill includea Section3 analysisto determineeachbidder's Section3 Responsivenessand provide GMUwith a copyoftheirevaluation.A standard-formatevaluationformis availablefor referenceanduseduringtheevaluationprocess.
4. Contractor Eligibility: Prior to awarding any contract or subcontractthe LCA must ensure that each contractor is eligible to receivea federally-funded constructioncontract. Ensuringthateachcontractor's licenseis currentandactiveis partof the LCAbidevaluationprocessandthe eligibilitycheckincludes:
1. Obtaining the state license number of each bidder and proposed sub- contractor
2. Contact the CA Contractor State License Board on- line at http:// www. csib. ca. gov
3. Enter the contractor' s license number and click on" Check License"
4. The License Detail page will display; Business Information, License Status, Personnel List, etc.
5. Print a copy of this page to assist in completing the contractor' s eligibility verification. a. First, access the CA Department of Industrial Relations websites:
i. at hops:// efiling. dir. ca. gov/ PWCR/ Search. action for contractor public works registration status, and ii. at, https-:// www. dir. ca._qov/ dise/ debar to ensure that the contractor is not debarred b. Next, access the Federal List of Parties Excluded from receiving federal funds on- line at hops:// www. sam. gov/
6. Print the results of your search and place a copy in the contractor' s Labor Standards Enforcement File
5. Contractor Acknowledgement: By signing this form the contractor(s) acknowledges that this project is federally-funded and the prevailing wage requirementsof theDavis-BaconandRelatedActswill beadministered,monitored,andenforcedby the LCA,or theirassignedrepresentative.
6. Federal Labor Standards Provisions: A copy of the current HUD-4010 form that outlines the labor requirementsfor each contractormust be included in the bid specificationsfor all formalcompetitivebids, or physicallyattachedto each PrimeContractawardedfor informalcontractsunder$25,000. The Prime Contractormustattacha currentcopyof the HUD-4010 formto eachsubcontract.
7. Federal Wage Decision: A copy of the current WageDecisionthat identifiesthe minimumhourlywage and fringe benefit paymentsto workersmustalso be includedin the bid specificationsfor all formalcompetitivebids, or physicallyattachedto each PrimeContractawardedfor informalcontractsunder$2,000.
ThePrimeContractormustattacha copyof the applicableWageDecisionand HUD-4010formto eachsubcontractorARCAto ensurethat eachsuband lower- tiercontractorwasinformedof his/herobligationto payprevailinghourlywagesandfringebenefitsto workerseachweek.
8. Contractor' s Acknowledgement: Federalprevailingwage and fringe benefitsrates identifiedin the wage decision are the minimum rates to be paid to the workers each week.
9. Notice of Contract Award: For all contracts awarded in the amount of$ 10, 000 or more, the LCA must ensure that a" Notice of Contract Award" letter is senttothe Officeof FederalContractCompliancePrograms(OFCCP)at theaddressbelowanda copyof thesignedlettermustbe placedinthe projectfile.
U. S. Department of Labor, Office of Federal Contract Compliance Programs 1640 South Sepulveda Boulevard, Suite 440
Los Angeles, CA 90024
EXHIBIT 18
SECTION 3 REQUIREMENTS, CLAUSE, AND PROGRAM FORMS
Section 3 Requirementsfor Projects for Housing and Community Development Assistance (asamended) funded with Community Development Block Grant:
The purpose of Section 3 of the Housing and Urban Development Act of 1968, as amended, is to ensure that training, employment, contracting and other economic opportunities generatedby HUD financial assistanceshall, to the greatestextent feasible, and consistentwith existing Federal, Stateand local laws andregulations be directed to low- andvery low- income persons,particularly thosewho arerecipients of government assistancefor housing, and to businessconcernswhich provide economic opportunities to low- and very low- income persons. Section 3 applies to training, employment, contracting and other economic opportunities in the following manner:
Housing and Community Development Financial Assistance:
In connection with housing assistanceand community development financial assistancethat is used for the following types of projects:
Housing rehabilitation ( including reduction and abatement of lead-based paint hazards, but excluding routine maintenance, repair and replacement); Housing construction; and
Other public construction
SECTION 3 REQUIREMENTS
Thepartiesto this Contract agreeto comply with HUD' s regulations in 24 CFR Part75, which implements Section 3. As evidenced by their execution of this Contract, the parties to this Contract certify that they areunder no contractual obligation or other impediment that would prevent them from complying with Part 75 of the regulations.
The Contractor agrees to send to each labor organization or representative of workers with which the Contractor hasa collective bargaining Contract or other understanding, if any, anotice advising the labor organization or workers' representative of the Contractor' s commitments under Section 3 and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3, shall set forth the minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, and the name and location of the person( s) taking applications for each of the positions; and the anticipated date the work shall begin.
The Contractor agrees to include this Section 3 contract language in every subcontract subject to compliance with regulations in 24 CFR Part 75, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 contract language, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 75. The Contractor will not subcontract with any subcontractor where the Contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 75.
The Contractor will certify that any vacant employment positions, including training positions, that are filled ( 1) after the Contractor is selected, but before the Contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 75 require employment opportunities to be directed, were not filled to circumvent the Contractor' s obligations under 24 CFR Part 75.
Noncompliance with HUD' s regulations in 24 CFR Part 75 may result in sanctions, termination of this Contract for default, and debarment or suspension from future HUD assisted contracts.
SECTION 3 DECLARATION OF INTENT TO COMPLY
As a minimum requirement for consideration of a contract award, the Bidder/ Proposer shall declare his/ her intent to comply with Section 3 (24 CFR 75) of the Housing and Urban Development Act of 1968, as amended (Section 3) by submitting the Declaration of Intent to Comply Form. The Bidder/Proposer is obliged, to the greatest extent feasible, to give opportunities for training and employment to low- income andvery low- income personsresiding in the service areaor neighborhood in which the covered Section 3project/service is located, and/or to award subcontractsto other Section3 businessconcernsthat provide economic opportunities for Section 3 workers and Targeted Section 3 workers. Bidder/ Proposer agrees that, as a condition of responsiveness to the solicitation and prior to recommendation for contract award by the Local Contracting Agency( LCA), he/shewill agreeto comply with the Section 3 requirementsby including the Section3 contractlanguagein the contract,to the greatestextentfeasible,to meetthe Section 3 benchmarks and report all accomplishmentswith required documentation on a quarterly basis for the duration of the contract.
The following Section 3 requirements apply to all LCA Section 3 covered contractsand contractors/ subcontractors funded with CDBG financial assistance:
Section 3 Workers: 25% or more for the total number of labor hours worked by all workers employed on a Section 3 project; and
Targeted Section 3 Workers: 5% or more of the total number of labor hoursworked by all workers employed on a Section 3 project of which is included as part of the 25% threshold in the previous bullet.
SECTION 3 CERTIFICATIONS FORMS
A. SECTION 3 WORKERS must complete certification forms demonstrating they meet the eligibility requirements.
A Section 3 Worker is anyworker who currently fits, or when hired within the past five years fit, at least one of the following categories, asdocumented:
I. The worker' s income for the previous or annualized calendaryear is below the income limit
establishedby HUD
2. The worker is employed by a Section 3 businessconcern; or
3. The worker is a YouthBuild participant
B. A SECTION 3 TARGETED WORKER for Housing and Community Development
Financial Assistanceprojects is a Section 3 Worker who:
1. Is employed by a Section 3 business concern; or
2. Currently fits or when hired fit at leastoneof the following categories, as documented within the past five years:
i)Living within the service areaor the neighborhood of the project, asdefined in 24 CFR § 75. 5; or
ii) A YouthBuild participant
C. SECTION 3 BUSINESS CONCERN CERTIFICATION
Businessesthat meet one of the following criteria within the last 6 months qualify as a Section 3 Business Concern. Local contracting agencies must verify Section 3 Business Concern status at the time the contract is awarded.
1. At least 51% owned and controlled by low- income or very low- income persons
2. Over 75% of labor hours performed for the business over prior 3-month period areperformed by Section 3 Workers
3. At least 51% owned and controlled by current residents of public housing or Section 8 assistedhousing
4. The statusof a Section3 businessconcernshall not be negatively affectedby a prior arrest or conviction of its owner(s) or employees.
Nothing in this part shall be construed to require the contracting or subcontracting of a Section 3 business concern. Section 3 business concerns arenot exempt from meeting the specifications of the contract.
COMPLIANCE WITH SECTION 3 BENCHMARKS
Compliance with Section 3 benchmarks shall be achieved, to the greatest extentfeasible consistentwith existing Federal, state and local laws and regulations to provide economic opportunities for Section 3 workers and Targeted Section 3 workers. HUD regulations outline requirements to serve as a measurement of compliance with the" greatest extent feasible." The benchmarks apply to all Section 3 projects awarded in any fiscal year.
The Contractor/ Subcontractor will be considered to have complied with Section 3 benchmarks, in the absenceof evidence to the contrary, if they meet all goals and certify compliance with prioritization requirements as follows. Participating contractor/ Subcontractor should update their policies and procedures for tracking labor hours via Certified Payrolls ( CPRs), timesheets, and other documents to ensure compliance with the Section 3 requirements. The Contractor/ Subcontractor will have complied if they meet thesebenchmarks:
Community development financial assistance benchmarks:
o Section 3 workers: 25% or more for the total number of labor hours worked by all workers employed on a Section 3 project and
o Targeted Section 3 workers: 5% or more of the total number of labor hours worked by all workers employed on a Section 3 project of which is included as part of the 25% threshold in the previous bullet.
Should the Contractor/ Subcontractor fail to meet the Section 3 benchmarks as described above in this section, the Contractor/ Subcontractor shall submit the Section 3 Qualitative Efforts Form that describes the qualitative nature of the activities. Examples of qualitative efforts includes, but are not limited to the following:
Engagedin outreachefforts to generatejob applicantswho areTargetedSection3 workers.
Provided training or apprenticeship opportunities.
Provided technical assistanceto help Section 3 workers compete for jobs ( e.g., resume assistance, coaching).
Provided or connected Section 3 workers with assistance in seeking employment including: drafting resumes, preparing for interviews, and finding job opportunities connecting residents to job placement services.
Held one or morejob fairs.
Provided or referred Section3 workers to servicessupporting work readinessand retention ( e.g., work readiness activities, interview clothing, test fees, transportation, childcare).
Provided assistance to apply for/ or attend community college, a four- year educational institution, or vocational/ technical training.
Assisted Section 3 workers to obtain financial literacy training and/ or coaching.
Engagedin outreachefforts to identify andsecurebids from Section3 businessconcerns.
Provided technical assistanceto help Section3businessconcernsunderstandandbid on contracts.
Divided contractsinto smallerjobs to facilitate participation by Section 3 business concerns.
Provided bonding assistance, guaranties, or other efforts to support viable bids from Section 3 business concerns.
Promoted use of business registries designed to create opportunities for disadvantaged and small businesses.
Outreach, engagement, or referrals with the stateone-stop system asdefined in Section 121(e)(2) of the Workforce Innovation and Opportunity Act 17.
JOBSITE POSTING REQUIREMENTS
After contract award, the contractor' s completed and signed Declaration of Intent to Comply must be posted atthejobsite and include the contractor' sjob opportunities availableto local qualified low- income residents. Theposting must include the contactinformation of the contractor' shiring official and identify the place and time where prospective employees can obtain and submit an application for employment and Section 3 Worker Certification and Section 3 Target Worker Forms.
REQUIRED FORMS FOR THE SOLICITATION PACKAGE
Declaration of Intent to Comply with Section 3 RequirementsCertification Section 3 Worker Certification
Section 3 Target Worker Certification
Section 3 Business Concern Certification
Section 3 Qualitative Efforts Form
SECTION 3 CLAUSE
Section 3 of the Housing and Urban Development Act of 1968, As Amended:
The work to beperformed under this Contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U. S. C. 1701u( Section 3). The purpose of Section 3 is to ensurethat employment and other economic opportunities generatedby HUD assistanceor HUD- assistedprojects coveredby Section 3, shall, to the greatestextent feasible, be directed to low- and very low- income persons,particularly personswho arerecipients of HUD assistancefor housing.
Thepartiesto this Contract agreeto comply with HUD' s regulationsin 24 CFR Part 75, which implements Section
3. As evidencedby their execution of this Contract, the parties to this Contract certify that they are under no contractual obligation or other impediment that would prevent them from complying with Part 75 of the regulations.
The Contractor agrees to send to each labor organization or representative of workers with which the Contractor hasa collective bargaining Contract or other understanding, if any, anotice advising the labor organization or workers' representative of the Contractor's commitments under Section 3, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can seethe notice. The notice shall describethe Section 3, shall set forth the minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.
The Contractor agrees to include this Section 3 contract language in every subcontract subject to compliance with regulations in 24 CFR Part 75, and agreesto take appropriate action, asprovided in an applicable provision of the subcontract or in this Section 3 contract language, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 75. The Contractor will not subcontract with any subcontractor where the Contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 75. The Contractor will certify that any vacant employment positions, including training positions, that are filled( 1) after the Contractor is selected, but before the Contract is executed, and(2) with personsotherthan thoseto whom the regulations of 24 CFR Part 75 require employment opportunities to be directed, were not filled to circumvent the Contractor' s obligations under 24 CFR Part 75.
Noncompliance with HUD' s regulations in 24 CFR Part 75 may result in sanctions, termination of this Contract for default, and debarment or suspension from future HUD assisted contracts.
TARGETED SECTION 3 WORKER CERTIFICATION
FOR
LOS ANGELES COUNTY RESIDENTS
EFFECTIVE JULY 1, 2022)
Employee Name:
Address:
City/ State/ Zip Code:
I hereby state that I currently or within the past five ( 5) years can document at least one of the following categories:
I am an employee who, when hired, can document that at least one of the following currently or within the past five ( 5) years applies to me:
I am/was a low- income person living within one m ile of th is project site
A YouthBuild Participant
I am employed by a Section 3 business
I declare under penalty of perjury under the laws of the State of California that theinformation stated above is true and correct.
Employee Signature Date
To Be Completed by the Employer
The employee was hired on:
This employee meets the following: o HUD Income Limits o Section 3 Business Employee YouthBuild Participant Business Name:
Print Name of Owner/ Agent:
Signature of Owner/ Agent: Date:
TO BE COMPLETED BY LOCAL CONTRACTING AGENCY
Reviewed by: Date:
2022 Section 3 Worker Certification( HCD) 7- 12- 22
SECTION 3 WORKER CERTIFICATION
FOR
LOS ANGELES COUNTY RESIDENTS
EFFECTIVE JULY 1, 2022)
Employee Name:
Address:
City/ State/ Zip Code:
I hereby state that I currently or within the past five ( 5) years can document at least one of the following categories:
1. I am a resident in the County of Los Angeles with a total annual household income within the income limits selected in the table below:
CIRCLE your household size and CHECK household gross annual income level from all sources:
Household Size Total Household Income
1 25, 050 or Less 25, 051 to $ 41, 700 41, 701 to$ 66, 750 2 28, 600 or Less 28, 601 to $ 47, 650 47, 651 to$ 76, 250 3 32, 200 or Less 32, 201 to $ 53, 600 53, 601 to$ 85, 800 4 35, 750 or Less 35, 751 to $ 59, 550 59, 551 to$ 95, 300 5 38, 650 or Less 38, 651 to $ 64, 350 64, 351 to$ 102, 950 6 41, 500 or Less 41, 501 to $ 69, 100 69, 101 to$ 110, 550 7 44, 350 or Less 44, 350 to $ 73, 850 73, 851 to$ 118, 200 8 47, 200 or Less 47201 to $ 78, 650 78, 651 to $ 125, 800
2. I am employed by a Section 3 business, and/ or
3. 1am a YouthBuild participant.
I declare under penalty of perjury under the laws of the State of California that the information stated above is true and correct.
Employee Signature Date
To Be Completed by the Employer
The employee was hired on:
This employee meets the following: o HUD Low- Income Limits o Section 3 Business Employee YouthBuild Participant Business Name:
Print Name of Owner/ Agent:
Signature of Owner/ Agent: Date:
2022 Section 3 Worker Certification 7/ 1/ 2022
DECLARATION OF INTENT TO COMPLY WITH
SECTION 3 REQUIREMENTS
As a minimum requirement for consideration of a contract award, the Bidder/ Proposer shall declare his/her intent to comply with Section 3 ( 24 CFR 75) of the Housing and Urban Development Act of 1968, as amended ( Section 3). The Bidder/ Proposer is obliged, to the greatest extent feasible, to give opportunities for training and employment to low- income and very low- income persons residing in the service area or neighborhood in which the covered Section 3 project/ service is located, and/ or to award subcontracts to other Section 3 business concerns that provide economic opportunities for Section 3 workers and Targeted Section 3 workers.
Bidder/ Proposer agrees that, as a condition of responsiveness to the solicitation and prior to recommendation for contract award by the Local Contracting Agency ( LCA), he/she will agree to comply with the Section 3 requirements by including the Section 3 contract language in the contract, to the greatest extent feasible, to meet the Section 3 benchmarks and report all accomplishments with required documentation on a quarterly basis for the duration of the contract.
The Section 3 benchmarks apply to all Section 3 covered contracts as follows:
Public housing financial assistance benchmarks:
o Section 3 workers: 25% or more for the total number of labor hours worked by all workers employed, and
o Targeted Section 3 workers: 5% or more of the total number of labor hours worked by all workers employed of which is included as part of the 25% threshold in the previous bullet.
Community development financial assistance benchmarks:
o Section 3 workers: 25% or more for the total number of labor hours worked by all workers employed on a Section 3 project, and
o Targeted Section 3 workers: 5% or more of the total number of labor hours worked by all workers employed on a Section 3 project of which is included as part of the 25% threshold in the previous bullet.
Failure of the Bidder/ Proposer to agree to comply with the Section 3 requirements and reporting obligations shall be grounds for determining the Bidder/ Proposer non- responsive, and no further consideration for contract award shall be granted.
I declare under penalty of perjury under the laws of the State of California that we agree to comply with the Section 3 requirements as stated above.
Name of Contractor/ Subcontractor Address
Print Name Title
Signature Date
Declaration of Intent to Comply with Section 3 Requirements Rev. 9. 1. 21
SECTION 3 BUSINESS CONCERN CERTIFICATION
Business Name:
Address:
City/ State/ Zip Code:
Telephone Number: Email Address:
This business is a Section 3 business concern based on one of the following categories, as documented:
A. Business is 51% or more owned by low- or very low- income persons, Attach a Section 3 Worker Certification( s) for each owner to this certification.) B. Over 75 percent ( 75%) of the labor hours performed for the business over the prior three- month period are performed by Section 3 workers, Provide the following information for the prior three- month period:
Indicate total number of labor hours performed by Section 3 workers: Hours Indicate total number of labor hours performed by all workers: Hours Calculate the percentage of labor hours by Section 3 workers:
Attach the Section 3 Worker Certifications and Section 3 Labor Hours Reports.) or
C. Business is 51% or more owned and controlled by current public housing residents or residents who currently live in Section 8-assisted housing.
Attach proof of public housing or Section 8-assisted housing residence.) NOTE: FAILURE OF THE BUSINESS TO PROVIDE THE REQUIRED DOCUMENTATION AS NOTED ABOVE SHALL BE GROUNDS FOR THE LCA TO DETERMINE THE BUSINESS A NON- SECTION 3 BUSINESS CONCERN.)
I declare under penalty of perjury under the laws of the State of California that the information stated above is true and correct.
Signature Title Date
TO BE COMPLETED BY LOCAL CONTRACTING AGENCY STAFF
This business meetsthe following category:
0 51%owned by low- or very low-income persons,
u 75%of labor hours performed by Section 3 workers, or
0 51%currently owned and controlled by public housing or Section 8-assisted housing residents.
Approved by:( Print Name) Signature: Date:
Section 3 Business Concern Certification Rev. 9. 1. 21
QUALITATIVE EFFORTS FOR CONTRACTORS
Engaged in outreach efforts to generate job applicants who are Targeted Section 3 workers.
Date of Outreach Effort Address of Outreach Effort
Provided training or apprenticeship opportunities.
Date of Training Address of Training
Provided technical assistance to help Section 3 workers compete for jobs ( e. g., resume assistance, coaching).
Date of Technical Assistance Address of Technical Assistance Provided or connected Section 3 workers with assistance in seeking employment including: drafting resumes, preparing for interviews, and finding job opportunities connecting residents to job placement services.
Date of Workers Assistance Address of Workers Assistance Held one or more job fairs.
Date of Job Fair Address of Job Fair
Provided or referred Section 3 workers to services supporting work readiness and retention ( e. g., work readiness activities, interview clothing, test fees, transportation, childcare).
Date of Referral Type of Service Provided or Referred
Provided assistance to apply for/ or attend community college, a four- year educational institution, or vocational/ technical training.
Date of Assistance Type of Educational Assistance Provided Assisted Section 3 workers to obtain financial literacy training and/ or coaching.
Date of Assistance Type of Training/ Coaching Provided
Engaged in outreach efforts to identify and secure bids from Section 3 business concerns.
Date of Outreach Description of Outreach
Provided technical assistance to help Section 3 business concerns understand and bid on contracts.
Date of Technical Assistance Name of Business Concern
Divided contracts into smaller jobs to facilitate participation by Section 3 business concerns.
Name of Business Concern
Provided bonding assistance, guaranties, or other efforts to support viable bids from Section 3 business concerns.
Name of Business Concern Description of Assistance
Promoted use of business registries designed to create opportunities for disadvantaged and small businesses.
Date of Activity Name of Business Registry
ElOutreach, engagement, or referrals with the state one- stop system as defined in Section 121( e)(2) of the Workforce Innovation and Opportunity Act 17.
Date of Activity Description of Activity
Other:
Date of Activity Description of Activity
CONTRACTOR' S CERTIFICATE
REGARDING WORKERS' COMPENSATION
Labor Code Section 3700
Every employer exceptthe stateshall securethe payment of compensationin one or more of the following ways:
a) By being insured againstliability to pay compensationby oneor more insurersduly authorized to write compensation insurance in this state.
b) By securing from the Director of Industrial Relations a certificate of consent to self-insure 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. c) For any county, city, city and county, municipal corporation, public district, public agency, or any political subdivision of the state, including each member of a pooling arrangement under a joint exercise of powers agreement ( but not the state itself), by securing from the Director of Industrial Relations a certificate of consent to self- insure against workers' compensation claims, which certificate may be given upon furnishing proof satisfactory to the director of ability to administer workers' compensation claims properly, and to pay workers' compensation claims that may becomedueto its employees. On or before March 31, 1979, apolitical subdivision of the state which, on December 31, 1978, was uninsured for its liability to pay compensation, shall file a properly completed and executed application for a certificate of consent to self-insure against workers' compensation claims. The certificate shall be issued and be subject to the provisions of Section 3702.
For purposes of this section, " state" shall include the superior courts of California." I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for workers' 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.
CONTRACTOR
By:
AUTHORIZED REPRESENTATIVE
TITLE
In accordance with Article 5 ( commencing at Section 1860), Chapter 1, Part 7, Division 2, of the Labor Code, the above certificate must be signed and filed with the awarding body prior to performing any work under this contract.)
EXHIBIT 20
FEDERAL WAGE DECISION
INCORPORATED INTO THE CONSTRUCTION CONTRACTAS PART OF THE BID
DOCUMENT TO BE PHYSICALLYATTACHED TO ALL SUBCONTRACTS WITH THE HUD- 4010 FEDERAL LABOR STANDARDS PROVISIONS
DOL FEDERAL WAGE DETERMINATION
General Decision Number: CA20230022 02/ 10/ 2023
Superseded General Decision Number: CA20220022
State: California
Construction Types: Building, Heavy (Heavy and Dredging) and Highway
County: Los Angeles 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: Contracts subject to the Davis- Bacon Act are generally required to pay at leastthe applicable minimum wage rate required under Executive Order 14026 or Executive Order 13 65 8.
Please note that these Executive Orders apply to covered contracts enteredinto by the federal government that are subjectto the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis- Bacon Related Acts, including those set forth at 29 CFR 5. 1( a)( 2)-( 60).
If the contract is entered 1. Executive Order 14026
linto on or after January 30, 1 generally appliesto the 12022, or the contract is I contract.
renewed or extended( e.g., an 1. The contractor must pay loption is exercised) on or I all coveredworkers at
rafterJanuary 30, 2022: 1 least$ 16.20 per hour (or the applicable wage rate
listed on this wage
determination, if it is
higher) for all hours
spent performing on the
contract in 2023.
If the contract was awardedonl. Executive Order 13658
for betweenJanuary 1, 2015 andl generally applies to the January 29, 2022, and the I contract.
contract is not renewed or 1. The contractor must pay alll lextendedon or after January I coveredworkers at least
130, 2022: 1 $12. 15 per hour( or the
applicable wage rate listed)
on this wage determination,1
if it is higher) for all
hours spent performing on
that contract in 2023. 1
1 The applicable Executive Order minimum wage rate will be file:/// C/... neDrive% 20-% 20Michael% 20Baker% 20International/ Deskfop/ DBA% 20CA20230022% 20Mod% 203% 20Dated% 202- 10- 2023. txt[ 2/ 27/ 2023 1: 28: 24 PM]
adjustedannually. If this contract is coveredby one of the Executive Orders and a classification considerednecessaryfor performance of work on the contract does not appear on this wage determination, the contractor must still submit a
conformance request.
Additional information on contractor requirements and worker protections under the Executive Orders is available at
http://www. dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/ 06/ 2023
1 01/ 13/ 2023
2 01/ 20/ 2023
3 02/ 10/ 2023
ASBE0005- 002 07/ 04/ 2022
Rates Fringes
Asbestos Workers/ Insulator
Includes the application of
all insulating materials,
protective coverings,
coatings, and finishes to all
types of mechanical systems). ...$ 49. 58 25. 27
Fire Stop Technician
Application of Firestopping
Materials for wall openings
and penetrations in walls,
floors, ceilings and curtain
walls)...........................$ 32. 09 19. 66
ASBE0005- 004 07/ 04/ 2022
Rates Fringes
Asbestos Removal
worker/ hazardous material
handler( Includes
preparation, wetting,
stripping, removal,
scrapping,vacuuming, bagging
and disposing of all
insulation materials from
mechanical systems, whether
they contain asbestos or not). ..$ 23. 52 13. 37
BOIL0092- 003 01/ 01/ 2021
Rates Fringes
BOILERMAKER......................$ 46. 03 38. 81
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BRCA0004- 007 05/ 01/ 2020
Rates Fringes
BRICKLAYER; MARBLE SETTER........$ 41. 53 19. 48
The wage scalefor 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
standardSanBernardino/Riverside County hourly wage rate BRCA0018- 004 06/ 01/ 2022
Rates Fringes
MARBLE FINISHER..................$ 37. 87 14. 13
TILE FINISHER....................$ 32. 44 12. 54
TILE LAYER. .....................$ 45. 05 18. 33
BRCA0018- 010 09/ 01/ 2022
Rates Fringes
TERRAZZO FINISHER................$ 38. 37 14. 13
TERRAZZO WORKER/ SETTER...........$ 46. 49 14. 66
CARP0213- 001 07/ 01/ 2021
Rates Fringes
CARPENTER
1) Carpenter, Cabinet
Installer, Insulation
Installer, Hardwood Floor
Worker and acoustical
installer. .................$ 51. 60 16. 28
2) Millwright. ............$ 52. 10 16. 48
3) Piledrivermen/ Derrick
Bargeman, Bridge or Dock
Carpenter, Heavy Framer,
Rock Bargeman or Scowman,
Rockslinger, Shingler
Commercial)............... $ 51. 73 16. 28
4) Pneumatic Nailer,
Power Stapler.............. $ 51. 85 16. 28
5) Sawfiler. ............. $ 51. 69 16. 28
6) Scaffold Builder. .....$ 42. 80 16. 28
7) Table Power Saw
Operator. ..................$ 51. 70 16. 28
FOOTNOTE: Work of forming in the construction of open cut file:/// C/... neDrive% 20-% 20Michael% 20Baker% 20International/ Deskfop/ DBA% 20CA20230022% 20Mod% 203% 20Dated% 202- 10- 2023. txt[ 2/ 27/ 2023 1: 28: 24 PM]
sewers or storm drains, on operations in which horizontal lagging is usedin conjunction with steelH-Beamsdriven 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): $ 0.13per hour additional.
CARP0213- 002 07/ 01/ 2021
Rates Fringes
Diver
1) Wet.................... $ 834. 40 16. 28
2) Standby.................$ 445. 84 16. 28
3) Tender. ................$ 437. 84 16. 28
4) Assistant Tender........$ 413. 84 16. 28
Amounts in "" Rates' column areper day
CARP0213- 004 07/ 01/ 2021
Rates Fringes
Drywall
DRYWALL INSTALLER/ LATHER....$ 51. 60 16. 28
STOCKER/ SCRAPPER............$ 22. 16 8. 62
CARP0721- 001 07/ 01/ 2021
Rates Fringes
Modular Furniture Installer......$ 21. 85 7. 15
ELECO01 1- 004 07/ 25/ 2022
Rates Fringes
ELECTRICIAN( INSIDE
ELECTRICAL WORK)
Journeyman Electrician......$ 55. 05 3%+ 29. 37
ELECTRICIAN( INTELLIGENT
TRANSPORTATION SYSTEMS Street
Lighting, Traffic Signals,
CCTV, and Underground Systems)
Journeyman Transportation
Electrician.................$ 57. 20 3%+ 29. 37
Technician..................$ 42. 90 3%+ 29. 37
FOOT NOTE:
CABLE SPLICER& INSTRUMENT PERSON: Recieve 5% additional per hour aboveJourneymanElectrician basic hourly rate.
TUNNEL WORK: 10% additional per hour.
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SCOPE OF WORK - TRANSPORTATION SYSTEMS
ELECTRICIAN:
Installation of streetlights andtraffic signals,including electrical circuitry, programmable controllers,
pedestal-mounted electrical meter enclosuresand laying of pre- assembled multi- conductor cable in ducts, layout of electrical systems and communication installation,
including proper position of trench depths andradius at duct banks, location for man
holes, pull boxes, street lights andtraffic signals.
Installation of underground ducts for electrical, telephone, cable television and communication systems.
Pulling,termination and
splicing of traffic signal and street lighting conductors and electrical systemsincluding interconnect,detector loop, fiber optic cable and video/ cable.
TECHNICIAN:
Distribution of material atjob site, manual excavation and backfill, installation of system conduits and raceways for electrical, telephone, cable television and communication systems. Pulling, terminating and splicing of traffic signal and streetlighting conductors and electrical systems
including interconnect, detector loop, fiber optic cable and video/ data.
ELEC0011- 005 12/ 27/ 2021
COMMUNICATIONS & SYSTEMS WORK( excludesany work on Intelligent Transportation Systems or CCTV highway systems)
Rates Fringes
Communications System
Installer...................$ 43. 87 3%+ 15. 03
Technician..................$ 33. 30 3%+ 27. 82
SCOPE OF WORK The work covered shall include the
installation, testing, service and maintenance, of the
following systemsthat utilize the transmission and/or
transference of voice, sound, vision and digital for
commercial, education, security and entertainmentpurposes for TV monitoring and surveillance, background foreground music, intercom and telephone interconnect, inventory
control systems, microwave transmission, multi- media,
multiplex, nurse call system, radio page, school intercom and sound, burglar alarms and low voltage master clock
systems.
A. Communication systems that transmit or receive information and/ or control systems that are intrinsic to the above file:/// C/... neDrive% 20-% 20Michael% 20Baker% 20International/ Deskfop/ DBA% 20CA20230022% 20Mod% 203% 20Dated% 202- 10- 2023. txt[ 2/ 27/ 2023 1: 28: 24 PM]
listed systemsSCADA ( Supervisory control/dataacquisition PCM (Pulsecode modulation) Inventory control systems
Digital data systems Broadband & baseband and carriers
Point of sale systems VSAT data systems Data communication systems RF and remote control systems Fiber optic data
systems
B. Sound and Voice Transmission/ Transference Systems
Background- Foreground Music Intercom and Telephone
Interconnect Systems Sound and Musical Entertainment
Systems Nurse Call Systems Radio Page Systems School
Intercom and Sound Systems Burglar Alarm Systems
Low- Voltage Master Clock Systems Multi- Media/ Multiplex Systems Telephone Systems RF Systems and Antennas and Wave Guide
C. * Fire Alarm Systems-installation, wire pulling and
testing.
D. Television and Video Systems Television Monitoring and Surveillance Systems Video Security Systems Video
Entertainment Systems Video Educational Systems CATV and CCTV
E. Security Systems, Perimeter Security Systems, Vibration Sensor Systems
Sonar/Infrared Monitoring Equipment, AccessControl Systems, Card Access Systems
Fire Alarm Systems
1. Fire Alarms-In Raceways: Wire and cablepulling in
racewaysperformed at the current electrician wage rate and fringe benefits.
2. Fire Alarms- OpenWire Systems: installed by the Technician.
ELEC1245- 001 06/ 01/ 2022
Rates Fringes
LINE CONSTRUCTION
1) Lineman; Cable splicer..$ 64. 40 22. 58
2) Equipment specialist
operates crawler
tractors, commercial motor
vehicles, backhoes,
trenchers, cranes ( 50 tons
and below), overhead&
underground distribution
line equipment). ........... $ 50. 00 21. 30
3) Groundman...............$ 38. 23 20. 89
4) Powderman...............$ 51. 87 18. 79
HOLIDAYS: New Year' s Day, M. L. King Day, Memorial Day, file:/// C/... neDrive% 20-% 20Michael% 20Baker% 20International/ Deskfop/ DBA% 20CA20230022% 20Mod% 203% 20Dated% 202- 10- 2023. txt[ 2/ 27/ 2023 1: 28: 24 PM]
Independence Day, Labor Day, Veterans Day, Thanksgiving Day and day after Thanksgiving, Christmas Day
ELEV0018- 001 01/ 01/ 2023
Rates Fringes
ELEVATOR MECHANIC................$ 63. 95 37. 335+ a+ b FOOTNOTE:
a. PAID VACATION: Employer contributes 8% of regular hourly rate asvacation pay credit for employeeswith more than 5 years of service, and 6% for 6 months to 5 years of service. b. PAID HOLIDAYS: New Year' s Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day.
ENGI0012- 003 07/ 01/ 2022
Rates Fringes
OPERATOR: Power Equipment
All Other Work)
GROUP 1....................$ 51. 90 30. 70
GROUP 2....................$ 52. 68 30. 70
GROUP 3....................$ 52. 97 30. 70
GROUP 4....................$ 54. 46 30. 70
GROUP 5....................$ 48. 96 25. 25
GROUP 6....................$ 54. 68 30. 70
GROUP 8....................$ 54. 79 30. 70
GROUP 9....................$ 49. 29 25. 25
GROUP 10....................$ 54. 91 30. 70
GROUP 11....................$ 49. 41 25. 25
GROUP 12....................$ 55. 08 30. 70
GROUP 13....................$ 55. 18 30. 70
GROUP 14....................$ 55. 21 30. 70
GROUP 15....................$ 55. 29 30. 70
GROUP 16....................$ 55. 41 30. 70
GROUP 17....................$ 55. 58 30. 70
GROUP 18....................$ 55. 68 30. 70
GROUP 19....................$ 55. 79 30. 70
GROUP 20....................$ 55. 91 30. 70
GROUP 21....................$ 56. 08 30. 70
GROUP 22....................$ 56. 18 30. 70
GROUP 23....................$ 56. 29 30. 70
GROUP 24....................$ 56. 41 30. 70
GROUP 25....................$ 56. 58 30. 70
OPERATOR: Power Equipment
Cranes, Piledriving &
Hoisting)
GROUP 1....................$ 53. 25 30. 70
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GROUP 2....................$ 54. 03 30. 70
GROUP 3....................$ 54. 32 30. 70
GROUP 4....................$ 54. 46 30. 70
GROUP 5....................$ 54. 68 30. 70
GROUP 6....................$ 54. 79 30. 70
GROUP 7....................$ 54. 91 30. 70
GROUP 8....................$ 55. 08 30. 70
GROUP 9....................$ 55. 25 30. 70
GROUP 10....................$ 56. 25 30. 70
GROUP 11....................$ 57. 25 30. 70
GROUP 12....................$ 58. 25 30. 70
GROUP 13....................$ 59. 25 30. 70
OPERATOR: Power Equipment
Tunnel Work)
GROUP 1....................$ 54. 53 30. 70
GROUP 2....................$ 54. 82 30. 70
GROUP 3....................$ 54. 96 30. 70
GROUP 4....................$ 55. 18 30. 70
GROUP 5....................$ 55. 29 30. 70
GROUP 6....................$ 55. 41 30. 70
GROUP 7....................$ 55. 71 30. 70
PREMIUM PAY:
3.75 per hour shall be paid on all Power Equipment Operator work on the followng Military Bases: China Lake Naval
Reserve, VandenbergAFB, Point Arguello, SeelyNaval 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 andwork in a hazardousmaterial 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 toed, 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 toed, lull or similar types over 5 tons; Hydrostatic pump operator; oiler crusher asphalt or concrete plant); Petromat laydown machine; PTU side dumjack; Screeningand conveyor machine operator( or similar types); Skiploader( wheel type up to 3/4 yd.
without attachment); Tar pot fireman; Temporary heating file:/// C/... neDrive% 20-% 20Michael% 20Baker% 20International/ Deskfop/ DBA% 20CA20230022% 20Mod% 203% 20Dated% 202- 10- 2023. txt[ 2/ 27/ 2023 1: 28: 24 PM]
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 concretesaw operator; Power-driven jumbo form setter operator; Power sweeper operator; Rock Wheel Saw/ Trencher; Roller operator( compacting); Screed operator asphalt or concrete); Trenching machine operator( up to 6 ft.); Vacuum or much truck
GROUP 5: Equipment Greaser( Grease Truck/ Multi Shift).
GROUP 6: Articulating material hauler; Asphalt plant
engineer; Batch plant operator; Bit sharpener; Concrete joint machine operator( canal and similar type); Concrete planer operator; Dandy digger; Deck engine operator;
Derrickman ( oilfield type); Drilling machine operator, bucket or auger types ( Calweld 100 bucket or similar types Watson 1000 auger or similar types - Texoma 330, 500 or 600 auger or similar types - drilling depth of 45'
maximum); Drilling machine operator; Hydrographic seeder machine operator( straw, pulp or seed), Jacksontrack
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 concreteforms);
Tractor operator- bulldozer, tamper- scraper( single engine, up to 100h.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
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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 andcompressoroperator( gunite work); Compactor operator( self- propelled); Concrete mixer operator( paving); Crushing plant operator; Drill Doctor; Drilling machine operator, Bucket or augertypes (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);
Pumperetegun 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 attachmentsover 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 scraperoperator( 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; Surfaceheatersandplaner operator; Tractor
compressor drill combination operator; Tractor operator any type larger than D- 5 - 100 flywheel h.p. and over, or similar-bulldozer, tamper, scraperand 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 systemmechanic; 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 file:/// C/... neDrive% 20-% 20Michael% 20Baker% 20International/ Deskfop/ DBA% 20CA20230022% 20Mod% 203% 20Dated% 202- 10- 2023. txt[ 2/ 27/ 2023 1: 28: 24 PM]
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 scraperoperator( paddle-wheel-augertype
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 attachmentsover 25 yds. andup 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 equipmentwith 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, file:/// C/... neDrive% 20-% 20Michael% 20Baker% 20International/ Deskfop/ DBA% 20CA20230022% 20Mod% 203% 20Dated% 202- 10- 2023. txt[ 2/ 27/ 2023 1: 28: 24 PM]
operating equipmentwith 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 attachmentsover 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 tandempush-pull system
single engine, up to and including 25 yds. struck)
GROUP 23: Rubber- tired earth- moving equipment operator, operating equipment with the tandempush-pull system
single engine, Caterpillar, Euclid, Athey Wagon and
similar types with any and all attachmentsover 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 file:/// C/... neDrive% 20-% 20Michael% 20Baker% 20International/ Deskfop/ DBA% 20CA20230022% 20Mod% 203% 20Dated% 202- 10- 2023. txt[ 2/ 27/ 2023 1: 28: 24 PM]
the tandempush-pull system (multiple engine, Euclid,
Caterpillar and similar, over 25 yds. andup to 50 yds.
struck)
GROUP 25: Concretepump operator-truck mounted; Rubber-tired earth-moving equipment operator, operating equipment with the tandempush-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 toed, lull or similar types)
GROUP 2: Truck crane oiler
GROUP 3: A- frame or winch truck operator; Ross carrier operator Oobsite)
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 file:/// C/... neDrive% 20-% 20Michael% 20Baker% 20International/ Deskfop/ DBA% 20CA20230022% 20Mod% 203% 20Dated% 202- 10- 2023. txt[ 2/ 27/ 2023 1: 28: 24 PM]
tons up to and including 100 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to and including 100 tons mrc), Mobile tower crane operator over 50 tons, up to and including 100 tons M. R. C.); Tower crane operator and tower gantry
GROUP 11: Crane operator( over 100 tons and up to and
including 200 tons mrc); Derrick barge operator( over 100 tons up to and including 200 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 100 tons up to and including 200 tons mrc); Mobile tower crane operator over 100 tons up to and including 200 tons mrc)
GROUP 12: Crane operator( over 200 tons up to and including 300 tons mrc); Derrick barge operator( over 200 tons up to and including 300 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 200 tons, up to and
including 300 tons mrc); Mobile tower crane operator( over 200 tons, up to and including 300 tons mrc)
GROUP 13: Crane operator( over 300 tons); Derrick barge operator( over 300 tons); Helicopter pilot; Hoist operator, stiff legs, Guy derrick or similar type ( over 300 tons); Mobile tower crane operator( over 300 tons)
TUNNEL CLASSIFICATIONS
GROUP 1: Skiploader( wheel type up to 3/4 yd. without
attachment)
GROUP 2: Power- driven jumbo form setter operator
GROUP 3: Dinkey locomotive or motorperson (up to and
including 10 tons)
GROUP 4: Bit sharpener; Equipment greaser(greasetruck); Slip form pump operator( power-driven hydraulic lifting device for concrete forms); Tugger hoist operator( 1 drum); Tunnel locomotive operator( over 10and up to andincluding 30 tons)
GROUP 5: Backhoe operator( up to and including 3/4 yd.); Small Ford, Caseor 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
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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 areawithin 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 andKern 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 T31 S, R32E, MDM. Continue W to the NW corner of T31 S, R31 E, 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 Sto 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 TIS, RIE, SBM. Continue E along south boundary of Tls, SBM ( Riverside County Line) to SW corner of TIS, R1OE, SBM. Continue S along west boundary of RI OE, SBM to Imperial County line at the SW corner of TBS, RlOE, SBM.
Continue W along Imperial and Riverside county line to NW corner of T9S, R9E, SBM. Continue S along the boundary between Imperial and SanDiego Counties, along the west edgeof R9E, SBM to the south boundary of Imperial County/California state line. Follow the California state line west to Arizona state line, then north to Nevada state line, then continuing NW back to start at the point which is the NW corner of Section 1, T17N, R14E, SBM
1.00 additional per hour for portions of SAN LUIS OBISPO, KERN, SANTA BARBARA & VENTURA as defined below:
That areawithin the following Boundary: Begin approximately 5 miles north of the community of Cholame, on the Monterey County and SanLuis Obispo County boundary at the NW corner of T25S, R16E, Mt. Diablo Meridian. Continue south along the west side file:/// C/... neDrive% 20-% 20Michael% 20Baker% 20International/ Deskfop/ DBA% 20CA20230022% 20Mod% 203% 20Dated% 202- 10- 2023. txt[ 2/ 27/ 2023 1: 28: 24 PM]
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 asit crossesinto 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 3439N, 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 edgeof 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 Eastedge of R21 W, SBM to the NE corner of T12N, R21 W, SBM. Continue West along the north edge of T12N, SBM to the SE corner of T32S, R21E, MDM. [ T12N SBM is a think strip between T11N SBM and T32S MDM]. Continue North along the East side of R21E, MDM to the Kings County andKern County border at the NE corner of T25S, R21E, MDM, continue West along the Kings County and Kern County Boundary until the intersection of SanLuis Obispo County. Continue west along the Kings County and SanLuis 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 areawithin the following Boundary: Begin at the
intersection of the northern boundary of Mono County andthe California state line at the point which is the center of Section 17, TlON, R22E, Mt. Diablo Meridian. Continue S then SE along the entire western boundary of Mono County, until it reachesInyo County at the point which is the NE corner of the Western half of the NW quarter of Section 2, TBS, R29E, MDM.
Continue SSEalong the entire westernboundary 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 SanBernardino 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 stateborder 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 file:/// C/... neDrive% 20-% 20Michael% 20Baker% 20International/ Deskfop/ DBA% 20CA20230022% 20Mod% 203% 20Dated% 202- 10- 2023. txt[ 2/ 27/ 2023 1: 28: 24 PM]
Section 18, TlON, R22E, MDM.
REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE
ENGI0012- 004 08/ 01/ 2022
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OPERATOR: Power Equipment
DREDGING)
1) Leverman. ..............$ 61. 60 32. 50
2) Dredge dozer........... $ 55. 63 32. 50
3) Deckmate. ..............$ 55. 52 32. 50
4) Winch operator ( stem
winch on dredge). ..........$ 54. 97 32. 50
5) Fireman- Oiler,
Deckhand, Bargeman,
Leveehand...................$ 54. 43 32. 50
6) Barge Mate............. $ 55. 04 32. 50
IRON0433- 006 01/ 01/ 2023
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IRONWORKER
Fence Erector...............$ 41. 28 25. 66
Ornamental, Reinforcing
and Structural..............$ 46. 20 34. 30
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 file:/// C/... neDrive% 20-% 20Michael% 20Baker% 20International/ Desktop/ DBA% 20CA20230022% 20Mod% 203% 20Dated% 202- 10- 2023. txt[ 2/ 27/ 2023 1: 28: 24 PM]
LABO0300- 001 07/ 01/ 2022
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Brick Tender.....................$ 37. 32 21. 45
LABO0300- 003 07/ 01/ 2022
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LABORER ( TUNNEL)
GROUP 1.....................$ 45. 68 23. 30
GROUP 2.....................$ 46. 00 23. 30
GROUP 3.....................$ 46. 46 23. 30
GROUP 4.....................$ 47. 15 23. 30
LABORER
GROUP 1.....................$ 36. 39 21. 04
GROUP 2.....................$ 36. 94 21. 04
GROUP 3.....................$ 37. 49 21. 04
GROUP 4.....................$ 39. 04 21. 04
GROUP 5.....................$ 39. 39 21. 04
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, generalor construction; Laborer, general clean-up; Laborer, landscaping; Laborer,jetting; Laborer, temporary water and air lines; Material hoseoperator
walls, slabs, floors and decks); Plugging, filling of shee bolt holes; Dry packing of concrete; Railroad maintenance, repair track person androad beds; Streetcarandrailroad
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 concretepouring 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 streetpaving, 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 file:/// C/... neDrive% 20-% 20Michael% 20Baker% 20International/ Deskfop/ DBA% 20CA20230022% 20Mod% 203% 20Dated% 202- 10- 2023. txt[ 2/ 27/ 2023 1: 28: 24 PM]
broom sweeper( small); Riprap stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Sandblaster pot tender); Septic tank digger and instal I er( l ead); Tank scaler and cleaner; Tree climber, faller, chain saw
operator, Pittsburgh chipper and similar type brush
shredder;Underground laborer, including caissonbellower 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 andworkers 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, pavementbreaker, 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 gasketjoints, pointing and any and all other services;
Rock stinger; Rotary scarifier or multiple head concrete chipping scarifier; Steelheaderboardand 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
stinger; Laborer, asphalt- rubber distributor boot person; Laser beam in connection with laborers' work; Oversize
concrete vibrator operator, 70 lbs. and over; Pipelayer performing all servicesin the laying and installation of pipe from the point of receiving pipe in the ditch until completion of operation, including any and all forms of tubular material, whether pipe, metallic or non-metallic, conduit and any other stationary type of tubular device used for the conveying of any substance or element, whether water, sewage, solid gas, air, or other product whatsoever and without regard to the nature of material from which the tubular material is fabricated; No-joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster
nozzle person), water blasting, Porta Shot- Blast
GROUP 5: Blaster powder, all work of loading holes, placing and blasting of all powder and explosives of whatever type, regardlessof method used for suchloading andplacing;
Driller: All power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all file:/// C/... neDrive% 20-% 20Michael% 20Baker% 20International/ Deskfop/ DBA% 20CA20230022% 20Mod% 203% 20Dated% 202- 10- 2023. txt[ 2/ 27/ 2023 1: 28: 24 PM]
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 andunloading agitator cars;, Vibrator person,jack hammer,pneumatic
tools ( except driller); Bull gang mucker, track person; Concrete crew, including rodder and spreader
GROUP 3: Blaster, driller, powder person; Chemical grout jet person; Cherry picker person; Grout gun person; Grout mixer person; Grout pump person; Jackleg miner; Jumbo person; Kemper and other pneumatic concreteplacer 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 LABO0300- 005 08/ 01/ 2022
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Asbestos Removal Laborer.........$ 39. 23 23. 28
SCOPE OF WORK: Includes site mobilization, initial site cleanup, sitepreparation, 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 assemblyof decontamination stations.
LABO0345- 001 07/ 01/ 2022
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LABORER ( GUNITE)
GROUP 1.....................$ 48. 50 21. 37
GROUP 2.....................$ 47. 55 21. 37
GROUP 3.....................$ 44. 01 21. 37
FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a
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Bosn' n' s Chair or suspended from a rope or cable shall receive 40 centsper hour abovethe foregoing applicable
classification rates. Workers doing gunite and/or
shotcrete work in a tunnel shall receive 35 cents per hour abovethe 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"" abovebaselevel andwhich work must beperformed 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
LAB O 1184- 001 07/ 01/ 2022
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Laborers: ( HORIZONTAL
DIRECTIONAL DRILLING)
1) Drilling Crew Laborer...$ 40. 69 18. 25
2) Vehicle Operator/ Hauler.$ 40. 86 18. 25
3) Horizontal Directional
Drill Operator..............$ 42. 71 18. 25
4) Electronic Tracking
Locator.....................$ 44. 71 18. 25
Laborers: ( STRIPING/ SLURRY
SEAL)
GROUP 1.....................$ 41. 90 21. 32
GROUP 2.....................$ 43. 20 21. 32
GROUP 3.....................$ 45. 21 21. 32
GROUP 4.....................$ 46. 95 21. 32
LABORERS - STRIPING CLASSIFICATIONS
GROUP 1: Protective coating, pavementsealing, including repair and filling of cracks by any method on any surface in parking lots, gamecourts and playgrounds; carstops;
operation of all related machinery and equipment; equipment repair technician
GROUP 2: Traffic surfaceabrasiveblaster; pot tender-
removal of all traffic lines and markings by any method sandblasting, waterblasting, grinding, etc.) and
preparation of surface for coatings. Traffic control
file:/// C/... neDrive% 20-% 20Michael% 20Baker% 20International/ Deskfop/ DBA% 20CA20230022% 20Mod% 203% 20Dated% 202- 10- 2023. txt[ 2/ 27/ 2023 1: 28: 24 PM]
person: controlling and directing traffic through both
conventional and moving lane closures; operation of all related machinery and equipment
GROUP 3: Traffic delineating device applicator: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating devices including traffic control. This
category includes all traffic related surface preparation sandblasting, waterblasting, grinding) as part of the
application process. Traffic protective delineating system installer: removes, relocates, installs, permanently
affixed roadside and parking delineation barricades,
fencing, cable anchor, guard rail, reference signs,
monument markers; operation of all related machinery and equipment; power broom sweeper
GROUP 4: Striper: layout and application of traffic stripes and markings; hot thermo plastic; tape traffic stripes and markings, including traffic control; operation of all
related machinery and equipment
LABO1414- 001 08/ 03/ 2022
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LABORER
PLASTER CLEAN- UP LABORER....$ 38. 92 23. 32
PLASTER TENDER..............$ 41. 47 23. 32
Work on a swing stage scaffold: $ 1.00 per hour additional.
PAIN0036- 001 07/ 01/ 2020
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Painters: ( Including Lead
Abatement)
1) Repaint( excludes San
Diego County)...............$ 29. 59 17. 12
2) All Other Work..........$ 33. 12 17. 24
REPAINT of anypreviously painted structure. Exceptions:
work involving the aerospaceindustry, breweries,
commercial recreational facilities, hotels which operate commercial establishmentsaspart of hotel service, and
sports facilities.
PAIN0036- 006 09/ 01/ 2022
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DRYWALL FINISHER/ TAPER
Antelope Valley North of
the following Boundary:
Kern County Line to Hwy.
45, South on Hwy. 45 to
Hwy. N2, East on N2 to
Palmdale Blvd., to Hwy.
414, South to Hwy. 418,
East to Hwy. 4395...........$ 42. 15 23. 52
Remainder of Los Angeles
County......................$ 46. 28 23. 52
PAIN0036- 015 01/ 01/ 2020
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GLAZIER..........................$ 43. 45 23. 39
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 stageor any suspendedcontrivance, from the ground up
PAIN1247- 002 08/ 01/ 2022
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SOFT FLOOR LAYER. ............... $ 39. 95 15. 28
PLAS0200- 009 08/ 03/ 2022
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PLASTERER....................... $ 47. 37 19. 64
PLAS0500- 002 07/ 01/ 2020
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CEMENT MASON/ CONCRETE FINISHER...$ 38. 50 25. 91
PLUM0016- 001 09/ 01/ 2022
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PLUMBER/ PIPEFITTER
Work ONLY on new additions
and remodeling of bars,
restaurant, stores and
commercial buildings not
to exceed5,000 sq. ft. of
floor space.................$ 53. 51 25. 28
Work ONLY on strip malls,
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light commercial, tenant
improvement and remodel
work........................$ 40. 95 23. 61
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........................$ 55. 18 26. 26
PLUM0345- 001 09/ 01/ 2022
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PLUMBER
Landscape/ Irrigation Fitter.$ 38. 20 25. 65
Sewer& Storm Drain Work....$ 42. 29 23. 03
ROOF0036- 002 08/ 01/ 2022
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ROOFER...........................$ 43. 47 19. 52
FOOTNOTE: Pitch premium: Work on which employees are exposed to pitch fumes or required to handlepitch, pitch baseor pitch impregnatedproducts, or any material containing coal tar pitch, the entire roofing crew shall receive $ 1.75 per hour "" pitch premium"" pay.
SFCA0669- 013 04/ 01/ 2022
DOES NOT INCLUDE THE CITY OF POMONA, CATALINA ISLAND, AND THAT PART OF LOS ANGELES COUNTY WITHIN 25 MILES OF THE CITY LIMITS OF LOS ANGELES:
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SPRINKLER FITTER.................$ 43. 25 26. 77
SFCA0709- 005 01/ 01/ 2021
THE CITY OF POMOMA, CATALINA ISLAND, AND THAT PART OF LOS ANGELES COUNTY WITHIN 25 MILES OF THE CITY LIMITS OF LOS ANGELES:
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SPRINKLER FITTER( Fire)..........$ 48. 71 29. 15
SHEE0105- 002 01/ 01/ 2023
LOS ANGELES ( Southof a straight line between Gorman and Big Pines including Catalina Island)
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SHEET METAL WORKER
1) Light Commercial: Work
on generalsheetmetal and
heating andAC up to 4000
sq ft.......................$ 32. 20 10. 56
2) Modernization :
Excluding New Construction
Under 5000 sq. ft. Does
not include modification,
upgrades, energy
management, or
conservation improvements
of central heating and AC
equpment....................$ 32. 20 10. 86
SHEE0105- 003 01/ 01/ 2023
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........................$ 53. 67 29. 74
2) Industrial work
including air pollution
control systems, noise
abatement, hand rails,
guardrails, excluding
aritechtural sheet metal
work, excluding A- C,
heating, ventilating
systems for human comfort...$ 53. 67 29. 74
SHEE0105- 004 07/ 01/ 2022
KERN( Excluding portion East of Hwy 395) & LOS ANGELES ( North of a straight line drawn between Gorman and Big Pines including file:/// C/... neDrive% 20-% 20Michael% 20Baker% 20International/ Deskfop/ DBA% 20CA20230022% 20Mod% 203% 20Dated% 202- 10- 2023. txt[ 2/ 27/ 2023 1: 28: 24 PM]
Cities of Lancaster and Palmdale) COUNTIES
Rates Fringes
SHEET METAL WORKER...............$ 42. 53 28. 94
TEAM0011- 002 07/ 01/ 2022
Rates Fringes
TRUCK DRIVER
GROUP 1....................$ 36. 19 32. 54
GROUP 2....................$ 36. 34 32. 54
GROUP 3....................$ 36. 47 32. 54
GROUP 4....................$ 36. 66 32. 54
GROUP 5....................$ 36. 69 32. 54
GROUP 6....................$ 36. 72 32. 54
GROUP 7....................$ 36. 97 32. 54
GROUP 8....................$ 37. 22 32. 54
GROUP 9....................$ 37. 42 32. 54
GROUP 10....................$ 37. 72 32. 54
GROUP 11....................$ 38. 22 32. 54
GROUP 12....................$ 38. 65 32. 54
WORK ON ALL MILITARY BASES:
PREMIUM PAY: $ 3.00 per hour additional.
29 palms Marine Base, Camp Roberts, China Lake, Edwards AFB, El 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 combination of vehicles - 2 axles; Traffic control pilot car excluding moving heavy equipment permit load; Truck mounted broom
GROUP 3: Driver of vehicle or combination of vehicles - 3 axles; Boot person; Cementmason distribution truck; Fuel truck driver; Water truck - 2 axle; Dump truck, less than 16 yds. water level; Erosion control driver
GROUP 4: Driver of transit mix truck, under 3 yds.; Dumperete truck, lessthan 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 file:/// C/... neDrive% 20-% 20Michael% 20Baker% 20International/ Deskfop/ DBA% 20CA20230022% 20Mod% 203% 20Dated% 202- 10- 2023. txt[ 2/ 27/ 2023 1: 28: 24 PM]
plastic fusion, limited to pipeline andutility 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 spreadertruck; Dump truck, 16yds. 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 - Receiverate 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 subject 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 EO, the contractor must provide employeeswith 1hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave eachyear.
Employees must be permitted to usepaid sick leave for their own illness, injury or other health- related needs, including preventive care; to assista family member( or personwho is like family to the employee) who is ill, injured, or hasother health-relatedneeds, 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
https:// www. dol.gov/agencies/whd/govemment-contracts.
Unlisted classifications needed for work not included within the scope of the classifications listed may be added after file:/// C/... neDrive% 20-% 20Michael% 20Baker% 20International/ Deskfop/ DBA% 20CA20230022% 20Mod% 203% 20Dated% 202- 10- 2023. txt[ 2/ 27/ 2023 1: 28: 24 PM]
award only asprovided in the labor standardscontract clauses 29CFR 5. 5 ( a) ( 1) ( ii)).
The body of each wage determination lists the classification and wage ratesthat have beenfound to be prevailing for the cited type(s) of construction in the areacoveredby 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 averagerate) or a union averagerate 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 negotiatedrate, which in this example is July 1, 2014.
Union prevailing wage rates are updated to reflect all rate changesin the collective bargaining agreement(CBA) governing this classification and rate.
Survey Rate Identifiers
Classifications listed under the "" SU"" identifier indicate that no onerate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate basedon all the ratesreported 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 ratesare survey ratesbasedon a weighted average
calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number usedin producing the wage determination. 5/ 13/2014 indicates the survey completion date for the classifications and rates under that identifier.
Surveywage rates arenot updatedandremain in effect until a file:/// C/... neDrive% 20-% 20Michael% 20Baker% 20International/ Deskfop/ DBA% 20CA20230022% 20Mod% 203% 20Dated% 202- 10- 2023. txt[ 2/ 27/ 2023 1: 28: 24 PM]
new survey is conducted.
Union Average Rate Identifiers
Classification( s) listed under the UAVG identifier indicate that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG- OH- 0010 08/ 29/ 2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/ 2014 indicates the survey completion date for the classifications and rates under that identifier.
A UAVG rate will be updatedonce a year, usually in Januaryof 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 andrate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis- Bacon survey program. If the response from this initial contact is not satisfactory, then the processdescribed in 2.) and 3.) should be followed.
With regard to any other matter not yet ripe for the formal processdescribedhere, 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 interestedparry (those affected by the action) canrequest review and reconsideration from the Wage and Hour Administrator file:/// C/... neDrive% 20-% 20Michael% 20Baker% 20International/ Deskfop/ DBA% 20CA20230022% 20Mod% 203% 20Dated% 202- 10- 2023. txt[ 2/ 27/ 2023 1: 28: 24 PM]
See 29 CFR Part 1. 8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U. S. Department of Labor
200 Constitution Avenue, N. W.
Washington, DC 20210
The requestshould be accompaniedby a full statementof the interestedparry'sposition and by any information ( wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an interestedparry may appealdirectly 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 decisionsby the Administrative Review Board arefinal.
END OF GENERAL DECISIO"
file:/// C/... neDrive% 20-% 20Michael% 20Baker% 20International/ Deskfop/ DBA% 20CA20230022% 20Mod% 203% 20Dated% 202- 10- 2023. txt[ 2/ 27/ 2023 1: 28: 24 PM]
GENERAL PREVAILING WAGE APPRENTICE RATES- IMPERIAL- Building Construction Inspector 2022-2( Department of Industrial Relations
GENERAL PREVAILING WAGE APPRENTICE
RATES
Apprentice Prevailing Wage Rates are paid only to apprentices registered with the State of California, Division of Apprenticeship Standards, for work the registered apprentice performs in his/her specific craft or trade. You may check whether an Apprentice is registered at the Division of Apprenticeship Standards Website ( https-// www. dir.ca.gov/ DAS/ appcertpw/ AppCertSearch. asp) Determination: 2022- 2 Issue Date: 08- 22- 2022
Expire Date: 06- 30- 2023 ** Craft/ Classification: Building Construction Inspector Indentured/ Other: Field Soils Material Tester Shift: 1 Counties: Imperial, Inyo, Kern, Los Angeles, Mono,
Orange, Riverside, San Bernardino, San Luis Obispo,
Santa Barbara, Ventura
Duration OJT
Basic
Health & Vacation/
Total
Period
Months Hours Hourly Welfare
Pension
Holiday Training Other Hourly
Rate Rate
1 N/ A 1, 000 $ 33. 880 12. 350 3. 500 $ 3. 850 1. 050 $. 390 $ 55. 020 2 N/ A 1, 000 $ 36. 700 12. 350 3. 500 $ 3. 850 1. 050 $. 390 $ 57. 840 3 N/ A 1, 000 $ 39. 520 12. 350 13. 150 $ 3. 850 1. 050 $. 390 $ 70. 310 4 N/ A 1, 000 $ 42. 350 12. 350 13. 150 $ 3. 850 1. 050 $. 390 $ 73. 140 5 N/ A 1, 000 $ 45. 170 12. 350 13. 150 $ 3. 850 1. 050 $. 390 $ 75. 960 6 N/ A 1, 000 $ 50. 810 12. 350 13. 150 $ 3. 850 1. 050 $. 390 $ 81. 600
FOOTNOTE( S)
Pension: Includes an amount for Annuity
Vacation and Holiday: Includes an amount for Supplemental Dues.
Other: Includes amounts for Industry Fund, Engineers Contract Compliance Committee ( ECCC), Contract Administration Fund and Southern California Partnership for Jobs Fund.
JOURNEYMAN PREDETERMINED INCREASES:
7- 1- 2023: $ 4. 00 to be allocated to wages and/ or fringes. 7- 1- 2024: $ 4. 00 to be allocated to wages and/ or fringes.
There may be corresponding predetermined increase( s) to the apprentices associated with this journeyman craft/ classification. Please e- mail a request to statistics@dir. ca. gov or send to the following address:
https:// www. dir. ca. gov/ OPRL/ pwappwage/ wage/ 22213508. html? VarWageld= 22219508[ 2/ 28/ 2023 10: 51: 29 AM]
GENERAL PREVAILING WAGE APPRENTICE RATES- IMPERIAL- Building Construction Inspector 2022-2( Department of Industrial Relations Department of Industrial Relations
Office of the Director - Research Unit
P. O. Box 420603
San Francisco, CA 94142- 0603
Determination: 2022- 2 Issue Date: 08- 22- 2022
Expire Date: 06- 30- 2023 ** Craft/ Classification: Building Construction Inspector Indentured/ Other: Field Soils Material Tester Shift: 2 Counties: Imperial, Inyo, Kern, Los Angeles, Mono,
Orange, Riverside, San Bernardino, San Luis Obispo,
Santa Barbara, Ventura
Duration OJT
Basic
Health & Vacation/
Total
Period
Months Hours Hourly Welfare
Pension
Holiday Training Other Hourly
Rate Rate
1 N/ A 1, 000 $ 34. 880 12. 350 3. 500 $ 3. 850 1. 050 $. 390 $ 56. 020 2 N/ A 1, 000 $ 37. 700 12. 350 3. 500 $ 3. 850 1. 050 $. 390 $ 58. 840 3 N/ A 1, 000 $ 40. 520 12. 350 13. 150 $ 3. 850 1. 050 $. 390 $ 71. 310 4 N/ A 1, 000 $ 43. 350 12. 350 13. 150 $ 3. 850 1. 050 $. 390 $ 74. 140 5 N/ A 1, 000 $ 46. 170 12. 350 13. 150 $ 3. 850 1. 050 $. 390 $ 76. 960 6 N/ A 1, 000 $ 51. 810 12. 350 13. 150 $ 3. 850 1. 050 $. 390 $ 82. 600
FOOTNOTE( S)
Pension: Includes an amount for Annuity
Vacation and Holiday: Includes an amount for Supplemental Dues.
Other: Includes amounts for Industry Fund, Engineers Contract Compliance Committee ( ECCC), Contract Administration Fund and Southern California Partnership for Jobs Fund.
Rates above are for Special Shift.
JOURNEYMAN PREDETERMINED INCREASES:
7- 1- 2023: $ 4. 00 to be allocated to wages and/ or fringes. 7- 1- 2024: $ 4. 00 to be allocated to wages and/ or fringes.
There may be corresponding predetermined increase( s) to the apprentices associated with this journeyman craft/ classification. Please e-mail a request to statistics@dir. ca. gov or send to the following address:
https:// www. dir. ca. gov/ OPRL/ pwappwage/ wage/ 22213508. html? VarWageld= 22219508[ 2/ 28/ 2023 10: 51: 29 AM]
GENERAL PREVAILING WAGE APPRENTICE RATES- IMPERIAL- Building Construction Inspector 2022-2( Department of Industrial Relations Department of Industrial Relations
Office of the Director - Research Unit
P. O. Box 420603
San Francisco, CA 94142- 0603
Determination: 2022- 2 Issue Date: 08- 22- 2022
Expire Date: 06- 30- 2023 ** Craft/ Classification: Building Construction Inspector Indentured/ Other: Field Soils Material Tester Shift: 3 Counties: Imperial, Inyo, Kern, Los Angeles, Mono,
Orange, Riverside, San Bernardino, San Luis Obispo,
Santa Barbara, Ventura
Duration OJT
Basic
Health & Vacation/
Total
Period
Months Hours Hourly Welfare
Pension
Holiday Training Other Hourly
Rate Rate
1 N/ A 1, 000 $ 34. 880 12. 350 3. 500 $ 3. 850 1. 050 $. 390 $ 56. 020 2 N/ A 1, 000 $ 37. 700 12. 350 3. 500 $ 3. 850 1. 050 $. 390 $ 58. 840 3 N/ A 1, 000 $ 40. 520 12. 350 13. 150 $ 3. 850 1. 050 $. 390 $ 71. 310 4 N/ A 1, 000 $ 43. 350 12. 350 13. 150 $ 3. 850 1. 050 $. 390 $ 74. 140 5 N/ A 1, 000 $ 46. 170 12. 350 13. 150 $ 3. 850 1. 050 $. 390 $ 76. 960 6 N/ A 1, 000 $ 51. 810 12. 350 13. 150 $ 3. 850 1. 050 $. 390 $ 82. 600
FOOTNOTE( S)
Pension: Includes an amount for Annuity
Vacation and Holiday: Includes an amount for Supplemental Dues.
Other: Includes amounts for Industry Fund, Engineers Contract Compliance Committee ( ECCC), Contract Administration Fund and Southern California Partnership for Jobs Fund.
Rates above are for Multi- Shift.
JOURNEYMAN PREDETERMINED INCREASES:
7- 1- 2023: $ 4. 00 to be allocated to wages and/ or fringes. 7- 1- 2024: $ 4. 00 to be allocated to wages and/ or fringes.
There may be corresponding predetermined increase( s) to the apprentices associated with this journeyman craft/ classification. Please e- mail a request to statistics@dir. ca. gov or send to the following address:
Department of Industrial Relations
https:// www. dir. ca. gov/ OPRL/ pwappwage/ wage/ 22213508. html? VarWageld= 22219508[ 2/ 28/ 2023 10: 51: 29 AM]
GENERAL PREVAILING WAGE APPRENTICE RATES— IMPERIAL— Building Construction Inspector 2022-2( Department of Industrial Relations Office of the Director - Research Unit
P. O. Box 420603
San Francisco, CA 94142- 0603
https:// www. dir. ca. gov/ OPRL/ pwappwage/ wage/ 22213508. html? VarWageld= 22219508[ 2/ 28/ 2023 10: 51: 29 AM]
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SCOPE OF WORK PROVISIONS
CRAFT/ CLASSIFICATION
Operating Engineer; Cranes, Pile Driver and Hoisting Equipment ( Operating Engineer); Tunnel ( Operating Engineer); Building/ Construction Inspector, Field Soils and Material Tester and Non- Destructive Testing
ID
23- 63- 2
LOCALITY
Imperial, Inyo, Kern, Los Angeles, Mono, Orange, Riverside, San Bernardino, San Luis Obispo, Santa Barbara, and Ventura Counties.
SCOPE OF WORK
5. This Agreement shall cover and apply to all work falling within the recognized jurisdiction of the Union signatory to this Agreement.
a) It shall cover work on buildings, heavy, highway, and engineering construction, including the construction of, in whole or in part, or in improvement or modification thereof, including any structure or operations which are incidental thereto, the operation of all equipment, vehicles, and other facilities, including helicopters, used in connection with the performance of the aforementioned work and services, and the assembly, maintenance and repair of all equipment, vehicles, and other facilities, which has normally and customarily been performed by unit employees, and including without limitation the following types or classes of work.
b) Street and highway work, grading and paving excavation of earth and rock, grade separations, elevated highways, viaducts, bridges, abutments, retaining walls, subways, airport grading, surfacing and drainage, electric transmission line and conduit projects, water supply, water development, reclamation, irrigation, draining and flood control projects, water mains, pipelines, sanitation and sewer projects, dams, aqueducts, canals, reservoirs, intakes, channels, levees, dikes, revetments, quarrying of breakwater or riprap stone, foundations, pile driving, piers, locks, river and harbor projects, breakwaters, jetties, dredging, tunnels, soil testing and building/ construction inspection. The handling, cleaning, erection, installation and dismantling of machinery, equipment and all work on robotics, included but not limited to the rigging, handling, installation, maintenance, programming and the use of all stationary and/ or portable robots. This shall include the use of all robots used in any industry, including the nuclear field.
c) It shall cover all work with the exception of the initial setting and positioning of the base station in conjunction with Global Positioning Systems/ GPS on the job site. d) The construction, erection, alteration, repair, modification, demolition, addition or improvement, in whole or in part, of any building structure, including oil or gas refineries and incidental structures, solar energy installations and appurtenances thereto,
also including any grading, excavations, or similar operations which are incidental thereto, or the installation, operation, maintenance and repair of equipment, and other facilities used in connection with the performance of such building construction except where such structures are an incidental or supplemental part of highway and engineering construction, as defined in this Article.
e) All concrete form work, including, but not limited to, the fabrication, construction, placing, erection, rigging and hoisting, stripping and removing of all forms and operation of the forklift, loed, pettibone or mobile equipment In reference to all of the above work. f) All work in connection with tilt- up slabs, including, but not limited to, benchmarks, layout, setting of all forms, blockouts, metal door and window jambs, templates for bolts, lift points, knee braces, all stripping of forms ( whether or not to be reused) rigging, setting, plumbing, and lining, welding, drilling, ledger bolts, setting ledgers, setting of expansion joints and caulking. Also to include forms for stairs and loading docks ( setting and stripping), installation of all doors including roll- up, installation of laminated beams or precast structures, and operation of the forklift in reference to all of the above work. g) All work in connection with the hoisting of materials which are to be used by the Carpenters or Building Tradesmen will be rigged, guided and handled by employees covered by this Agreement.
h) The layout, rigging, tagging, signaling, cutting, burning, welding, chain sawing, driving, setting and pulling of all soldier piles, sheet piles, soldier beams and casings, together with all necessary walling, shoring, underpinning, struts, bracing, capping and lagging necessary for construction of subterranean structures of all types to include, but not limited to subways, subway stations, buildings, storm drains, sewers, pipelines and all open cut and cover construction projects. Fabrication, construction, removal and stripping of all forms both inside and outside the tunnels and drains to Include form liners and membranes, whether they be spray on, glue on, tack on, composed of any and all building materials to include plastic, neoprene, high density polyethylene, vinyl cork or any other natural or artificial material. Construction of all covers and access mats to include all necessary rigging for setting and removing, whether intermittently or regularly. Installation and removal of all timber decking. i) All office modular furniture systems including, but not limited to: the unloading by any means, stockpiling, distribution to point of erection, carrying, handling, transportation, uncrating, installation, cleaning, and/ or staging of all office, commercial, industrial, institutional, and hotel furniture, furniture systems, furnishings, etc., including ( but not limited to) all component parts ( regardless of their materials or method or manner of installation, attachment or connection). Also included will be layout work including the use of level, transit and any other instrument or tool ( or adaptable tool) required for the work herein described.
0) The placing, handling, moving and erection of all materials which fall within the description of work set forth in this Agreement from the site of delivery on the job to the point of the job where the work is to be performed. The erecting and moving of all
scaffolds and the moving and handling of all materials to be used in the erection of scaffolding.
6. This Agreement shall also include: work in the Contractor' s yards and shops, field survey work, asphalt screening, soil, cement and crushing plants and operations, forest fires, floods and emergency work, soils and material testing, building/ construction inspection and quality control and quality assurance.
7. This Agreement shall cover and apply to all employees except that it shall not cover and apply to executives, superintendents, assistant superintendents, master mechanics, office engineers, timekeepers, messenger boys, office workers, or any other employee of the Contractors above the rank of Craft Foreman, except as herein provided.
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Q. Special Rules:
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7. Employees covered by this Agreement shall operate all hoisting equipment on the job or project.
8. Combination Mixer and Compressor Operators on Gunite work shall be classified as Concrete Mobile Mixer Operators.
9. The necessity for the use of an employee as a Signalman shall be determined by the Contractor. When used, he shall be an Engineer- Oiler as defined herein, who assists in giving or relaying signals by mechanical means ( also by means of hand signals on excavation work), directly to the operator of hoisting equipment only.
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U. Special Working Rules and Conditions for Tunnels and Sealed Air Pressure Bores:
1. All terms and conditions of this Agreement shall apply to all employees employed on a tunnel job or project unless otherwise specified in this Section U.
2. This section covers jobsite work on construction, alteration, repair modification or demolition of tunnels, shafts, tunnel shafts, adits, silos, raises, subways, chambers, underground power houses, including the lining of same which falls within the jurisdiction of the Union. Where open cutwork is covered over or decked with wood, steel or other substitute materials and workmen are required to work under such cover, they shall work and be paid In accordance with the terms and conditions of this Agreement. For all excavation and work related to the excavation, without limiting the scope of the work covered hereby, it is agreed that this Agreement shall cover but not be limited to the construction of, in whole or In part, or the improvement or modification thereof, including any structure or operations which are incidental thereto, the assembly, operation, maintenance and repair of all equipment, vehicles and other facilities used in connection with the performance of the aforementioned work and services and including without limitation the following types of classes of work:
3. The manning, running and/ or handling of all boring equipment, mole machines, mining machines, mucking machines, heading shields, all drilling ( except Jackleg and Jumbo), all diamond core drilling, grinding and sharpening of bits, slushers, tuggers except in breast board or crown bar headings), all conveyors and conveyor belts, locomotives, rubber- tired equipment, including man trip vehicles, mobile power Jumbos, Athey Wagons and tractors, all concrete placing equipment such as Rex Pumperete and all pneumatic placers ( flowcrete), Kemper, Hackley- Presswell and all similar equipment.
The jacking of pipe in tunnels, all ground support work including cutting, welding, hauling and hoisting of all liner plate and other materials, all work performed under compressed air ( which falls within the jurisdiction of the Union). The manning of all hoisting equipment including cherry pickers and/ or carpassers, mobile powered heading switches, concrete screeds, agitator cars, the moving, raising and setting of forms, including slip forms, in tunnels and tunneling operations. The operation, tending and maintenance of all pumps, generators, compressors and ice plants in or on tunnels and tunnel shaft projects.
4. Any and all emplacements commonly described as underground silos in which missiles are placed, housed, stored and/ or their component parts, shall be covered by the terms of this Agreement. All power hoisting and jobsite hauling of all tools, equipment, material, workmen and other personnel and the operation of all equipment primarily used therefore, shall be considered the jurisdiction of the Union and shall be covered by the terms and conditions of this Agreement.
5. In addition to the above, this Section U shall also include: Work in the Contractor' s portal yards and shops, tunnel survey work such as the placing, setting and adjusting of Laser Beams, Gyroscope, Geodometer, Electrotape, and all other instruments used therefore, including Grade Checkers and/ or shift Engineers.
6. Tunnels shall be defined as: An underground passageway, except for jacking operations under highways. railroads, embankments, etc., excavated by workmen and equipment working below the earth' s surface that provides subterranean route along which workmen, equipment or substances can move other than passageways excavated by mine or quarry operations.
7. All work of site preparation, mobilization and installation of plant and equipment and the removal of same shall be performed under the terms of this Section U.
8. After tunnel work has begun, work outside the tunnel consisting of batch plant crews, the construction, repair and maintenance of the equipment outside the tunnel, subway, shaft, raise, etc., and the hauling and hoisting of the material to be used inside the tunnel, subway, shaft, raise, etc., or construction, repair or demolition of said tunnel, subway, shaft, raise, etc., shall come under the tunnel provisions and shall work under the tunnel shift conditions ( either single or multiple). a) Employees assigned to Batch Plant operations shall work under the terms and conditions of the tunnel provisions except when a Batch Plant Is established in an area
to provide material for a project consisting of a tunnel or tunnels, and other outside concrete batching operations, and the Batch Plant crew or any member of it had not participated In the driving of the tunnel, such employees shall be covered by the regular jobsite concrete Batch Plant provisions of this Agreement.
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h) Employees covered by this Agreement shall perform all repair and service work on equipment, including the washing of a\ I boilers and/ or scrubbers.
Building Construction Inspector ( BCI) and Field Soils and Material Tester ( FSMT) Classifications
Letter dated December 6, 2001 from International Union Of Operating Engineers, Local Union No. 12)
1. What is the difference between the Building Construction Inspector ( BCI) and the Field Soils and Materials Tester ( FSMT) classifications? There appears to be some overlap of duties. Could you summarize the intent of the coverage between Southern California Contractors Association, Inc. and the International Union of Operating Engineers Local No. 12, which serves as the basis for the prevailing wage determination?
As stated in our June 5, 2001 correspondence to your office, a Building Construction Inspector ( BCI) is a licensed inspector who generally works under the direction of a registered civil engineer. The BCI is used when higher stresses are involved, e. g., welding, reinforced concrete, masonry, non-destructive testing and other related disciplines. The term " building inspector" or " construction inspector" has the same meaning as " special inspector." The BCI classification is meant to include inspection of all structures, including but not limited to, residential and commercial buildings, bridges, piers, warehouses, oil/water tanks, docks, refineries, heavy highway construction, underground construction, water works, sewers, water reclamation, flood control, dams, dredge, etc.
A field soils and material tester ( FSMT) performs a variety of duties. They include special grading, excavation filling, soils used in construction, concrete sampling, density testing and various types of verification tests.
Occasional overlap of duties may occur between the BCI and FSMT, such as taking concrete specimens in the field, however, one must look at the overall scope of work/ duties to determine the proper prevailing wage/ rate classification.
2. How is grading inspection different when performed by a BCI or by a FSMT? Grading inspection is generally the work of a FSMT. The City of Los Angeles certifies/ licenses grading inspectors whose duties are similar, but more stringent than those of the FSMT. The grading inspector in the Los Angeles area is covered under the BCI classification/ wage rate.
3. Please define the following and identify which classification performs this work:
a) Magnetic particle testing
b) Nondestructive inspection
c) Ultrasonic testing
d) Keying
e) Benching
f) Scarifying
g) " Rolling of slopes"
h) One- pointer
i) " Correction for rock"
a) b) c) Magnetic and ultrasonic testing are two different forms of non- destructive testing ( NDT). They use mechanical devices to check defects in structures such as welds. The use of magnetic and ultrasonic waves in the evaluation process does not cause any damage to the structure, hence, the term non- destructive testing. Other forms of non-destructive testing include radiography ( x- rays) and penetrant testing. All of this work is that of the BCI. d) Keying in is benching into existing material while filling up an adjacent fill, to bind the two areas ( materials) together, eliminating the chance of a soft or uncompacted area in between the two materials or areas. A " stair- step" procedure is usually used.
e) Benching is using a piece of equipment ( usually a dozer) to cut into existing material while filling up an adjacent fill, to bind the two areas ( materials) together.
This eliminates the chance of soft or uncompacted area in- between the two materials or areas. A " stair- step" procedure is usually used. f) Scarifying is a procedure performed by equipment that rips up existing material approximately one foot deep, then processing that material by watering and mixing it.
g) Rolling of Slopes is a compaction technique used on the slopes of a new fill area. The time required for compaction on the slope of a fill is the same as the required compaction on the top of the fill.
h) A One- Pointer is one test made on the soil by a field soils and material tester or FSMT).
i) Correction for Rock is a calculation made for oversized rock in soil, done by a field soils and material tester ( FSMT).
Items a, b and care performed by the BCI. Items d, e, f, g, h and i are performed by the FSMT.
To perform items a, b, and c, the individual would have to obtain certification as required by the agency. If certified, for example, in " Ultrasonic Testing," one could perform FSMT work and then move to BCI work if certified to do so.
4. Does lab work fall within the jurisdiction of the BCI? Does the on/ off site location of the lab make a difference?
No, lab work is not covered. If a lab is located on- site and the individual stays inside" the lab, there is no coverage. However, if the individual goes on- site and performs " field work," then he or she is covered for all hours worked.