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HomeMy WebLinkAbout07 AUTHORIZATION TO ADVERTISE FOR BIDS FOR GRAFFITI REMOVAL PROGRAMMEETING DATE: AUGUST 20, 2013 TO: JEFFREY C. PARKER, CITY MANAGER FROM: ELIZABETH A. BINSACK, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE GRAFFITI REMOVAL PROGRAM SUMMARY The City's contract with Graffiti Control Systems expires on November 21, 2013. To continue the City's contract graffiti removal program, it is necessary for the City Council to authorize staff to advertise for contractor bids. RECOMMENDATION That the City Council authorize and direct the Community Development Director to advertise for contractor bids to continue implementation of the City's graffiti removal program. FISCAL IMPACT Funding for the FY 2013 -2014 graffiti removal program is currently provided through federal Community Development Block Grant (CDBG) funds and the City's General Fund. This fiscal year, the budget is $233,200. BACKGROUND AND DISCUSSION Graffiti is a public nuisance, detrimental to property values and the overall appearance of the community. Unless the City causes its prompt removal, graffiti on public and private property can remain as a blighting factor that can depreciate the value of the victimized and surrounding properties, in a manner that ultimately stigmatizes the entire community. For the past twenty -one years, the City of Tustin has managed a graffiti removal program utilizing the services of a contract removal company. The City currently allocates approximately $233,200 for graffiti removal on public and private property throughout the City. The City's graffiti removal program ensures prompt removal of reported graffiti within 48 hours of notification. Over the past five years, the City's costs City Council Report Graffiti Removal Program Page 2 for graffiti abatement have increased annually. The following summarizes graffiti abatement activity and costs over the past five years: FY 09 -10 3272 $214,069 $135,280 FY 10 -11 3823 $176,028 $156,400 FY 11 -12 4384 $165,882 $186,200 FY 12 -13 4822 $165,882 $205,040 FY 13 -14 TBD $233,200 $ 14,000 (year to date) The City currently has a contract with Graffiti Control Systems to provide the removal service. Graffiti Control Systems was originally awarded the contract in 2003 and again in 2008. The current contract expires at the end of November 2013. Staff anticipates bringing the results of the proposed advertisement to the Tustin City Council for award of contract by the beginning of November 2013. The tentative schedule for the project is as follows: Authorization to advertise for bids ........................................... ............................... 08/20/13 First Legal Advertisement ....................................................... ............................... 08/29/13 Second Legal Advertisement .................................................. ............................... 09/05/13 BidOpening ............................................................................ ............................... 09/26/13 Awardof Contract ..................................................................... .............................11 /05/13 Noticeto Proceed ..................................................................... .............................11 /19/13 New Contract Begins ................................................................ .............................11 /21/13 The Community Development Department, Public Works Department and City Attorney have worked collaboratively and reviewed the proposed bid packet documents. Amy Stonich, AICP i Elizabeth A. Binsack Senior Planner J Community Development Director Attachment: Graffiti Abatement Services Notice to Contractors, Proposal, Contract, and Specifications SACdd \CCREPORT\2013 \GRAFFITI REMOVAL BID 2013.doc SECTION A CITY OF TUSTIN, CALIFORNIA NOTICE TO CONTRACTORS SEALED PROPOSALS will be received at the office of the City Clerk, Tustin City Hall, 300 Centennial Way, Tustin, California 92780 until 10:00 A.M. on the 26th day of September 2013 at which time they will be publicly opened and read, for performing work as follows: Graffiti Abatement Services This work shall consist in part of furnishing all labor, materials, tools, equipment and incidentals as required by the specifications and contract documents for the above stated project. The contract will be for one year with optional four (4) one -year extensions and CPI adjustments for the extensions. Specifications and proposal forms to be used for bidding on this project can only be obtained by prospective bidders at the office of the Community Development Department, Tustin City Hall, 300 Centennial Way, Tustin, California 92780, upon payment of 19.00 per set or will be mailed out upon payment of 24.60 per set, which amounts are not refundable. In conformance with Section 20170 et seq. of the Public Contract Code, all bids shall be presented under sealed cover on the proposal form provided and accompanied by bidder's security in the form of cash, cashier's check, certified check or bid bond issued by an admitted surety Company in the State of California. The security shall be for the amount not less than 10% of the amount of the bid. A bid shall not be considered unless one of the forms of bidder's security is enclosed therewith. A Faithful Performance Bond in the amount of 100% of the amount of the bid and a Labor and Materials Bond in the amount of 100% of the amount of the bid in the form attached to the contract documents shall be provided. Said bonds shall be issued by a surety company duly authorized to issue such bonds in the State of California. Prior to execution of contract, Contractor shall provide City with insurance certificate(s) with endorsements evidencing commercial general liability and automobile liability insurance as prescribed in the contract, with a company of A.M. Best's Key Rating of Grade A and Class VII (seven) with an Admitted Insurer, or rated Grade A- or better and Class X (ten) or better with a Surplus Line Broker. Workers' compensation insurance with a company of A.M. Best's Key Rating of Grade B- or better and Class VII (seven) or better, or offered by State Compensation Fund, is acceptable. If a bid bond is supplied, the bid bond shall be from an admitted surety. If the bond surety is not admitted, the City shall reject the bid as non - responsive. The City shall not accept a surety provided by a surplus line broker; nor shall the City allow a Contractor to substitute a bid surety after the bids are open. A -1 Additionally, the Contractor shall concurrently submit, with the bonds and insurance certificate(s) with endorsements, a certified copy of the most recent Certificate of Authority issued to the bonding companies by the California Insurance Commissioner. Contractor shall provide to the City within ten (10) working days after the date of notice of award of contract the aforementioned insurance certificate(s) with endorsements which must meet the requirements of the specifications and comply with the contract documents. Failure to comply with this requirement will result in annulment of the award, forfeiture of the bidder's security and City will pursue award to the next qualified responsive bidder. Contractor is advised that insurance requirements are non- negotiable and City will not consider waiving insurance requirements. There are no exceptions. The City of Tustin hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex or religion in any consideration leading to the award of contract. The City of Tustin reserves the right to reject any or all bids, and /or to waive any informality on a bid. No bidder may withdraw his bid for a period of forty -five (45) days after the date set for the opening thereof. Prior to bid, opening bidder may withdraw his bid. Bids received after the bid opening time and date herein will be returned to bidder unopened. In conformance with the requirements of Section 22300 of the Public Contract Code, the Contractor will be entitled to post approved securities with the City or an approved financial institution in order to have the City release funds retained by the City to insure performance of the contract. Every person submitting a bid must have a Contractor's license for the work, in the classification of C33 and C61, at the time of making a bid. Further, it is a misdemeanor not to have a license at the time of the bid. (Business and Professions Code Section 7028.15(a)). In the case of joint ventures, each person comprising the joint venture shall have a Contractor's license at the time of the bid. (Business and Professions Code Section 7028.15(c)). However, the joint venture itself must have a "joint venture license" not later than the time of the award of bid. (Business and Professions Code Section 7029.1). In the case of City contracts which involve Federal funds, the Contractor must be properly licensed at the time of award of the contract. (Public Contract Code Section 20103.5). A Contractor who is not properly licensed will have his bid declared nonresponsive. (Business and Professions Code Section 7028.15(e)). A -2 Any bidder or Contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractor's State License Board. (Public Contract Code Section 20103.5). Failure to comply with these license requirements may also result in a forfeiture of bidder's security. The City Council of the City of Tustin has obtained from the Director of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed and a copy of the same is on file in the office of the City Engineer. Not less than said prevailing rates shall be paid the workers employed on this public works contract as required by Labor Code Sections 1771 and 1774 of the State of California. City Hall Offices are currently open from 7:30 a.m. to 5:30 p.m. Monday through Thursday and 8:00 a.m. to 5:00 p.m. on Friday. The Contractor's activities shall be confined to the hours between 7:00 a.m. and 5:00 p.m. Monday through Thursday and 7:00 a.m. to 4:00 p.m. on Friday, excluding holidays. Deviation from these hours will not be permitted without the prior consent of the Community Development Director except in emergencies involving immediate hazard to persons or property. Ordered by the City Council on August 20, 2013. Jeffrey C. Parker, City Manager /City Clerk PUBLISHED ORANGE COUNTY REGISTER: First Legal Advertisement August 29, 2013 Second Legal Advertisement September 5, 2013 A -3 SECTION B PROPOSAL TO THE CITY OF TUSTIN, CALIFORNIA • Graffiti Abatement Services Name of Bidder: Business Address: Phone Number: The work to be done and referred to herein is in the City of Tustin and is to be constructed in accordance with the plans, specifications and contract annexed hereto and also in accordance with the latest edition of the "Standard Specifications for Public Works Construction ". The work to be done is shown in the specifications entitled: Graffiti Abatement Services Said plans and specifications are on file in the office of the Community Development Director, Tustin, California. TO THE CITY OF TUSTIN The undersigned, as bidder, declares that the only persons or parties interested in the proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm or corporation; that he has carefully examined the location of the proposed work, the annexed proposed form of the contract, and the plans therein referred to; and he proposes and agrees if this proposal is accepted, that he will contract with the City of Tustin, in the form of the copy of the contract annexed hereto, to provide all necessary machinery, tools, apparatus and other means of construction, and to do all work and furnish all materials specified in the contract, in the manner and time prescribed, and according to the requirements of the Director as therein set forth, and that he will take full payment therefore at the following unit prices, to -wit: C- PROPOSAL FOR Graffiti Abatement Services CITY OF TUSTIN ITEM NO. CONTRACT ITEM DESCRIPTION ESTIMATED QUANTITY (JOBS)' UNIT PRICE TOTAL PRICE 1. Paint — Light Color Base 3,000 $ $ 2. Paint — Deep Color Base $ $ 3. ** Water /Sand Blast 250 $ $ 4. ** Chemical Removal 750 $ $ TOTAL CONTRACT PRICE $ * "Job" shall mean 100 square feet of painting or 40 square feet of water /sandblasting or chemical removal ** City Authorization Required L- The undersigned understands that the foregoing quantities are approximate only, being given as a basis for the comparison of bids and the City of Tustin does not, expressly or by implication, agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable and in the best interests of the City by the Community Development Director. In case of discrepancy between the unit price and the total amount for a contract item, the unit price shall prevail. The basis for determining the low bid shall be by correctly multiplying the number of units by the unit price bid to calculate a total amount for each contract item and obtaining a total bid by correctly adding together all contract item total amounts. If a unit price is not legible or is missing, the total amount for the contract item shall be divided by the approximate quantity of units to arrive at the unit price bid. If both the unit price and total amount for a contract item are left blank, then the entire bid shall be rejected. If this proposal shall be accepted and the undersigned shall fail to enter into the contract and to furnish the two bonds in the amounts required, with surety satisfactory to the City of Tustin, and the required Certificate of Insurance with endorsements within ten (10) days, not including Saturdays, Sundays and legal holidays, after the date of the Notice of Award from the Community Development Director, the City of Tustin may, at its option, determine that the bidder has abandoned the contract, and thereupon this proposal and the acceptance thereof shall be null and void, and the forfeiture of such security accompanying this proposal shall operate and the same shall be the property of the City of Tustin. The undersigned bidder hereby acknowledges that he /she understands the bonding requirements of the City of Tustin, which, per Tustin City Code, states that the surety company must be duly authorized to issue such bonds or insurance in the State of California. The Certificate of Insurance with endorsements must be with a company of A.M. Best's Key Rating of Grade A and Class VII (seven) or better with an Admitted Insurer, or Grade A- or better and Class X (ten) or better with a Surplus Line Broker. Workers' compensation insurance with a company of A.M. Best's Key Rating of Grade B- or better and Class VII (seven) or better, or offered by State Compensation Fund, is acceptable. Contractor shall provide to the City within ten (10) working days after the date of notice of award of contract the aforementioned insurance certificate(s) with endorsements which must meet the requirements of the specifications and comply with the contract documents. Failure to comply with this requirement will result in annulment of the award, forfeiture of the bidder's security and City will pursue award to the next qualified responsive bidder. Contractor is advised that insurance requirements are non- negotiable and City will not consider waiving insurance requirements. There are no exceptions. ACCOMPANYING THIS PROPOSAL IS (NOTICE: Insert the words "Cash ($) ", "Cashier's Check ", "Certified Check ", or "Bidder's Bond ", as the case may be in the amount equal to at least ten (10) percent of the total bid.) The names of all persons interested in the foregoing proposal as principals are as follows: IMPORTANT NOTICE: If the bidder or other interested person is a corporation, state legal name of corporation and names of the president, secretary, treasurer, and manager thereof; if a co- partnership, state true name of firm and names of all individual co- partners composing firm; if the bidder or other interested person is an individual, state first and last names in full. Signed: Title: Date: NOTE: If the bidder is a corporation, the legal name of the corporation shall be set forth above, together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if the bidder is a co- partnership the true name of the firm shall be set forth above, together with the signature of the partner or partners authorized to sign contracts on behalf of the co- partnership; and if the bidder is an individual, his signature shall be placed above. If signature is by an agent, other than an officer of a corporation or a member of a co- partnership, a Power of Attorney must be on file with the City of Tustin prior to the opening of bids or submitted with the bid; otherwise, the bid will be disregarded as irregular and unauthorized. Business Address am Bidder shall list the name, address of the place of business of each subcontractor required to be listed by Section 4100 et seq., of the California Public Contract Code which requires that a bidder must list the name and location of the place of business of each subcontractor who the bidder intends to have perform work in excess of one -half of 1 percent of the bidders' total bid amount. LIST OF SUBCONTRACTORS Name Address Telephone ! REFERENCES The following are the names, addresses, and phone numbers for three public agencies for which BIDDER has performed similar work within the past two years: W. BIDDER BOND CITY OF TUSTIN STATE OF CALIFORNIA KNOWN ALL MEN BY THESE PRESENTS, that we, as PRINCIPAL, and as SURETY, are held and firmly bound unto the City of Tustin, hereinafter called the CITY, in the penal SUM OF TEN PERCENT (10 %) OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by said Principal to the City of Tustin for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors administrators and successors, jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the sum of $ THE CONDITION OF THIS OBLIGATION IS SUCH, That whereas the Principal has submitted the above - mentioned bid to the City of Tustin for certain construction specifically described as follows, for which bids are to be opened at Tustin, California at 10`.00 A.M. on September 26, 2013 for the Performance of: Graffiti Abatement Services NOW, THEREFORE, if the aforesaid Principal is awarded the contract; and within the time and manner required under the specifications, after the prescribed forms are presented to him for signature, enters into a written contract, in the prescribed form in accordance with the bid, and files two bonds satisfactory to the City, one to guarantee faithful performance and the other to guarantee payment for labor and materials, as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force and virtue. 2N In the event suit is brought upon this bond by the Obligee and judgment is recovered, the surety shall pay all costs incurred by the Obligee in such suit, including a reasonable attorney's fee to be fixed by the court. IN WITNESS WHEREOF, We have hereunto set our hands and seals on this day of 20 (Seal) Principal (Seal) (Seal) Surety ADDRESS: NOTE: Signatures of those executing for the surety must be properly acknowledged. (Use copy of blank form provided in this section.) 'mss, NON - COLLUSION AFFIDAVIT TO THE CITY OF TUSTIN: The undersigned in submitting this proposal for performing, by contract, the work required by these bid documents, being duly sworn, deposes and says: That he has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with this contract. Signed Title: Firm Name: Note: Non - Collusion Affidavit to be submitted with Proposal. Attach proper notary acknowledgment for signature of authorized person. (Use copy of blank form provided in this section.) M CONTRACTOR'S LICENSE DECLARATION (Business and Professions Code Section 7028.15) The undersigned declares that he or she is: (Party making foregoing of (hereinafter the "Bidder") 1. Bidder's Contractors License Number is as follows: . Classification: 2. The expiration date of Bidder's Contractor's License is 20 3. Bidder acknowledges that Section 7028.15(a) of the Business and Professions Code provides as follows: "It is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or act in the capacity of a Contractor within this state without having a license therefore, except" as provided in the referenced section. Executed on Signature Typed Name Title Name of Bidder rl (Insert City & State where declaration is signed) THIS FORM MUST BE COMPLETED, SIGNED AND SUBMITTED WITH THE PROPOSAL (EXCEPT FOR FEDERALLY- FUNDED STATE PROJECTS) C I CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT State of California 1 County of Orange } SS City of Tustin ,J On this day of 200, before me, , Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he /she executed the same in his /her authorized capacity, and that by his /her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. Witness my hand and official seal. NOTARY SEAL CAPACITY CLAIMED BY SIGNER: ❑ Individual(s) ❑ Corporate _ ❑ Officers Title(s) ❑ Partner(s) Q General Partner of a Limited Partnership ❑ Attorney -in -Fact ❑ Trustee (s) ❑ Subscribing Witness ❑ Guardian /Conservator ❑ Other: _ Witness my hand and official seal. Signature of Notary SIGNER IS REPRESENTING: THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED TO THE BELOW: TITLE OR TYPE OF DOCUMENT: NUMBER OF PAGES: DATE OF DOCUMENT: SIGNER (S) OTHER THAN NAMED ABOVE: am SECTION C CONTRACT FOR Graffiti Abatement Services This agreement, made and concluded, in triplicate, this _ day of between the City of Tustin, California, hereinafter called City, and _ hereinafter called Contractor. rSM ARTICLE I. Witness, that for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the City, and under the conditions expressed in the two bonds, bearing date with these presents and hereunto annexed, the Contractor agreed with City, at his own proper cost and expense, to do all the work and furnish all the materials necessary to construct and complete in good workmanlike and substantial manner and to the satisfaction of the City, in accordance with the plans and specifications, as may be amended from time to time as of the date of this Agreement, entitled: Graffiti Abatement Services Graffiti Abatement Services which said plans and specifications are hereby specifically referred to and by such references made a part hereof. Said plans and specifications are on file in the office of the Community Development Director of the City of Tustin, California. ARTICLE II. Contractor agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work contemplated and embraced in the Agreement; and also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the plans and specifications, and the requirements of the Community Development Director under them. C -1 CONTRACT 1�:7 Graffiti Abatement Services CITY OF TUSTIN ITEM NO. CONTRACT ITEM DESCRIPTION ESTIMATED QUANTITY JOBS UNIT PRICE TOTAL PRICE 1. Paint — Light Color Base 3,000 $ $ 2. Paint — Deep Color Base $ $ 3. * Water /Sand Blast 250 $ $ 4. * Chemical Removal 750 $ $ TOTAL CONTRACT PRICE $ * "Job" shall mean 100 square feet of painting or 40 square feet of water /sandblasting or chemical removal ** City Authorization Required C -2 ARTICLE III. City hereby promises and agrees with Contractor to employ and does hereby employ Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner and upon the conditions above set forth; and the said parties for themselves, their heirs, executors, administrators, successors and assigns do hereby agree to the full performance of the covenants herein contained. ARTICLE IV. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid or proposal of Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. ARTICLE V. 1. The CITY OF TUSTIN has obtained from the Director of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this contract and maintains copies thereof in the office of the Community Development Director. The Contractor agrees that not less than said prevailing rates shall be paid to workers employed on this public works contract as required by Labor Code Sections 1771 and 1774 of the State of California. 2. The Contractor shall, as a penalty to the CITY OF TUSTIN, forfeit twenty dollars ($20.00) for each calendar day or portion thereof for each worker paid (either by Contractor or any subcontractor of Contractor) less than the prevailing rate as prescribed in the preceding paragraph for the work provided for in this contract, all in accordance with Sections 1774 and 1775 of the Labor Code of the State of California. 3. Section 1773.1 of the Labor Code of the State of California, regarding the payment of travel and subsistence payments, is applicable to this contract. 4. Section 1777.5 of the Labor Code of the State of California, regarding the employment of apprentices, is applicable to this contract if the prime contract involves Thirty Thousand Dollars ($30,000.00) or more, or twenty (20) working days or more and under such circumstances, Contractor shall be fully responsible to ensure compliance with all the provisions of Labor Code §1777.5 for all apprenticeable occupations on the project. A Contractor or subcontractor who violates Section 1777.5 shall forfeit to the City of Tustin, as a civil penalty, the sum of one hundred dollars ($100.00) for each calendar day of noncompliance. Notwithstanding Section 1727 of the Labor Code, upon receipt of a determination that a civil penalty has been imposed, the City of Tustin shall withhold the amount of the civil penalty from contract progress payments then due or to become due. Any funds withheld by the City of Tustin pursuant to this section shall be deposited in the General Fund of the City of Tustin. 5. The Contractor shall not employ, or allow work to be performed by, a subcontractor who is ineligible to perform work on the project pursuant to Section 1777.1 or 1777.7 of the Labor Code pertaining to debarment by the Labor Commissioner for violations of the Prevailing Wage Laws. C -3 6. In performance of this contract, not more than eight (8) hours shall constitute a day's work. The Contractor shall fully conform to Article 3, Chapter 1, Part 7, Division 2 (Sections 1810 et seq.) of the Labor Code of the State of California. Pursuant to the provisions of Section 1813 of the Labor Code of the State of California, the Contractor shall, as a penalty to the City of Tustin, forfeit twenty -five Dollars ($25.00) for each worker employed in the execution of the contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Article 3 of Chapter 1 of Part 7 of Division 2 of the Labor Code of the State of California. Contractor shall keep an accurate record showing the name and actual hours worked each calendar day and each calendar week by each worker employed by Contractor in connection with the public work. 7. Contractor agrees to keep accurate payroll records 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 or worker employed by him in connection with the public work, and agrees to insist that each of his subcontractors do the same. Contractor further agrees that his payroll records and those of his subcontractors shall be available to the employee or his representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards, and shall comply with all of the provisions of Labor Code Section 1776, et seq., in general. 8. Contractor is also aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Worker's Compensation or undertake self- insurance in accordance with the provisions of that code and will comply with such provisions before commencing the performance of the work of this contract. ARTICLE VI. In connection with the performance of this contract, the City shall have the authority to enter the worksite at any time for the purpose of identifying the existence of conditions, either actual or threatened, that may present a danger or hazard to any and all employees. The Contractor agrees that the City, in its sole authority and discretion, may order the immediate abatement of any and all conditions that may present an actual or threatened danger or hazard to any and all employees at the worksite. The Contractor acknowledges the provisions of Section 6400 of the Labor Code, which requires that employers shall furnish employment and a place of employment that is safe and healthful for all employees working therein. In the event the City identifies the existence of any condition that presents an actual or threatened danger or hazard to any or all employees at the worksite the City is hereby authorized to order the immediate abatement of that actual or threatened condition pursuant to this section. The City may also, at its sole authority and discretion, issue an immediate stop work order to the Contractor to ensure that no employee working at the worksite is exposed to a dangerous or hazardous condition. Any stop work order issued by the City to the Contractor in accordance with the provisions of this section shall not give rise to any claim or cause of action for delay damages by the Contractor or the Contractor's agents or subcontractors against the City. C-4 ARTICLE VII. The Contractor shall indemnify and save harmless the City of Tustin and all officers and employees thereof from all claims, suits, or actions of every name, kind and description, brought for, or on account of, injuries to or death of any person including, but not limited to, workers and the public, or damage to property resulting from the construction of the work or by or in consequence of any negligence regarding the work, use of improper materials or equipment in construction of the work, neglect or refusal of Contractor to faithfully perform the work and all of Contractor's obligations under the contract, or by or on account of any act or omission by the Contractor or his agents or a subcontractor or his agents or a third party during the progress of the work or at any time before its completion and final acceptance, or which might arise in connection with the agreed upon work or is caused by or happening in connection with the progress of said work, or on account of any passive or active negligent act or omission by the City of Tustin, its officers, employees and agents, save and except claims arising through the sole and exclusive negligence or sole and exclusive willful misconduct of the City of Tustin. The defense and indemnification by Contractor shall include all costs and expenditures including attorney's fees incurred by the City of Tustin or its employees, officers or agents with respect to such claim or suit and Contractor will, if requested by City of Tustin, defend any litigation arising out of such claims at the sole cost and expense of Contractor. In addition to any remedy authorized by law, so much of the money due the Contractor under and by virtue of the contract as shall be considered necessary in the sole discretion of the City of Tustin may be retained by the City until disposition has been made of such claims for damages as aforesaid. ARTICLE VIII. The Contractor shall take out and maintain during the life of the contract, commercial general liability, automobile liability and worker's compensation insurance. The amount of the commercial general liability and automobile insurance shall not be less than the following: Single limit coverage applying to bodily and personal injury liability and property damage: $2,000,000.00. The following insurer endorsements are required if not part of the policy: 1. The City of Tustin, its elective and appointive boards, officers, agents and employees named as additional insureds in the policy as to the work being performed under the contract; 2. The coverage is primary and no other insurance carried by the City of Tustin will be called upon to contribute to a loss under this coverage; 3. The policy covers blanket contractual liability; 4. The policy limits or liability are provided on an occurrence basis; 5. The policy covers broad form property damage liability; C -5 6. The policy covers personal injury as well as bodily injury liability; 7. The policy covers explosion, collapse, and underground hazards; 8. The policy covers products and completed operations; 9. The policy covers use of non -owned automobiles; and 10. The coverage shall not be cancelled or terminated unless thirty (30) days' written notice is first given to the City of Tustin. 11. Insurers shall be authorized to do business in the State by the Department of Insurance and shall meet the following qualifications: A.M. Best's Rating of Grade A and Class VII (seven) (if an Admitted Insurer), and Grade A- or better and Class X (ten) or better (if offered by a Surplus Line Broker) is acceptable. Workers' compensation insurance rated Grade B- or better and Class VII (seven) or better, or offered by the State Compensation Fund, is acceptable. 12. The worker's compensation and employer's liability insurance policies shall contain a waiver of subrogation in favor of the City. Contractor shall provide to the City within ten (10) working days after the date of notice of award of the contract evidence of the aforementioned insurance with insurer endorsements, which must meet the requirements of this Article. An Acord Certificate will be accepted solely as evidence of the name of the insurers and the amounts of insurance. Failure to comply with these requirements will result in annulment of the award, forfeiture of the bidder's security, and the City will pursue award to the next qualified responsive bidder. Contractor is advised that insurance requirements are non- negotiable and City will not consider waiving insurance requirements. There are no exceptions. ARTICLE IX The term of this contract shall be for a period of one (1) year from its date of execution by the City. The City shall have the option to extend the term of this contract for up to four (4) additional one -year terms, by giving written notice to the Contractor prior to the end of the preceding year. In the case of such extension, the same terms and conditions shall apply to the subsequent contract term with the exception that the unit prices and total bid amount shall be subject to adjustment at the commencement of each subsequent year. If extended, the "Adjustment Date" of the term of the contract is determined to be not more than one (1) year after execution of the contract. The basis for computing the adjustment is the Consumer Price Index, All Urban Consumers for the Los Angeles - Long Beach /Anaheim Metropolitan Area (CPI -U) published by the United States Department of Labor, Bureau of Labor Statistics ( "Index "), which is in effect on the date of the commencement of the initial term of the contract ( "Beginning Index "). The Index published more immediately preceding the Adjustment Date ( "Extension Index ") is to be used in determining the amount of the adjustment. If the Extension Index has changed from the Beginning Index, the unit charges for the following year of the term of the contract shall be set by multiplying the initial contract unit prices by a fraction, the NIN numerator of which is the Extension Index, as defined above, and the denominator of which is the Beginning Index as defined above. The adjustment date of the extended term of the contract of each subsequent year shall be the same calendar date of the initial term of the contract with the exception of changing the year. ARTICLE X Upon receipt of a claim or summons and complaint by the City Clerk relating to this Contract, the City Clerk shall provide written notice within five (5) working days to the contractor of the claim or summons and complaint. For purposes of this section, notice to the contractor may be via facsimile, messenger or by first class mail and addressed to: [Insert name & address of contractor] Nothing herein obligates the City to provide notice of a claim or summons and complaint that does not clearly identify the contract or contractor. C -7 In Witness Whereof, the parties have hereunto set their hands and seals the year and date first above written. THE CITY OF TUSTIN M (SEAL) Mayor of the City of Tustin City Attorney APPROVED AS TO CONTENT: Community Development Director ATTEST: City Clerk of the City of Tustin CONTRACTOR Firm Name: (SEAL) BY TITLE: Note: Attach proper acknowledgment for signatures of authorized person(s). (Use copies of blank form provided in Section B). Bond No Amount Premium CITY OF TUSTIN PUBLIC CONTRACT FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That as and hereinafter referred to collectively as "Principal ", and a corporation organized and existing under the laws of the State of and duly authorized to transact surety business in the State of California, as, and hereinafter referred to as, "Surety ", are held and firmly bound unto the City of Tustin hereinafter referred to as the "City ", in the sum of $ for payment of which Principal and surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally as follows: THE CONDITION OF THE ABOVE OBLIGATION IS THAT: WHEREAS, Principal has entered into a contract dated , 20_, with City to do and perform the following, generally described work, which is more particularly described in said contract for the construction of: Graffiti Abatement Services WHEREAS, all of such improvements are to be constructed and installed in accordance with the plans and specifications described, referred to and incorporated in said contract; and WHEREAS, Principal shall commence and complete the construction and installation of such improvements as provided in said contract; and NOW, THEREFORE, if Principal shall faithfully perform all agreements contained in the aforesaid contract, then this obligation shall be null and void. PROVIDED, HOWEVER, if Principal shall not faithfully perform all agreements contained in the hereinabove described contract and all obligations, then this obligation shall remain in full force and effect. PROVIDED FURTHER HOWEVER, that Surety hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder; and PROVIDED FURTHER, that in case suit is brought upon this bond by the City or any other person who may bring an action on this bond, a reasonable attorney's fee, to be fixed by the Court, shall be paid by Principal and Surety. C -9 IN WITNESS WHEREOF, Principal and Surety have caused these presents to be duly signed and sealed this day of , 20_. (SEAL) APPROVED AS TO FORM: City Attorney SURETY: (Name) lO'E Attorney -in -Fact Fin Address of Surety: WONFOOM BY: (Name) (SEAL) TITLE: Address of Principal: APPROVED AS TO CONTENT: Date Community Development Director Note: Attach proper acknowledgment for both Surety & Principal. (Use copies of blank form provided in Section B). C -10 Bond No. Amount Premium CITY OF TUSTIN PUBLIC CONTRACT LABOR AND MATERIALS PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That as and hereinafter referred to collectively as "Principal ", and a corporation organized and existing under the laws of the State of and duly authorized to transact surety business in the State of California, as and hereinafter referred to as, "Surety ", are held and firmly bound unto the City of Tustin hereinafter referred to as the "City ", in the sum of $ for payment of which Principal and surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally as follows: THE CONDITION OF THE ABOVE OBLIGATION IS THAT: WHEREAS, Principal has entered into a contract dated , 20_, with the City to do and perform the following, generally described work, which is more particularly described in said contract for the construction of: Graffiti Abatement Services WHEREAS, Principal shall commence and complete the construction and installation of such improvements provided in said contract; and NOW THEREFORE, if Principal shall pay the Contractor, his subcontractor, and all persons renting equipment or furnishing labor or materials to them for such improvements, for the full cost of such improvements and submit amounts due under the State Unemployment Insurance Act with respect to such labor, then this obligation shall be null and void. PROVIDED, HOWEVER, if Principal shall not pay the subcontractor and all persons renting equipment or furnishing labor or materials to them for such improvements for the full cost of such improvements, or if Principal fails to submit amounts due under the State Unemployment Insurance Act with respect to such labor, then Surety will pay for the same in an amount not exceeding the sum set forth above, which amount shall inure to the benefit of all persons named in Civil Code Section 9100. PROVIDED FURTHER, HOWEVER, that Surety stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder; and PROVIDED FURTHER, that in case suit is brought upon this bond by the City or any other person named in Civil Code Section 9100 who may bring an action on this bond, a reasonable attorney's fee, to be fixed by the Court, shall be paid by Principal and Surety. C -11 IN WITNESS WHEREOF, Principal and Surety have caused these presents to be duly signed and sealed day of , 20_. SURETY: (Name) MO (SEAL) M APPROVED AS TO FORM: City Attorney Attorney -in -Fact Address of Surety: PRINCIPAL: BY: (Name) (SEAL) TITLE Address of Principal: APPROVED AS TO CONTENT: Date Community Development Director Note: Attach proper acknowledgments for both Surety & Principal. (Use copies of blank form provided in Section B). C -12 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each Contractor to whom a public works contract has been awarded shall sign the following certificate and shall submit same to the City prior to performing any work on the contract: I am aware of the provisions of Section 3700 of the Labor Code which reads as follows: "Every employer except the State shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations a certificate of consent to self - insure, 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 employee." CONTRACTOR: M TITLE: COMPENSATION INSURANCE CERTIFICATE TO BE SUBMITTED WITH CONTRACT C -13 SECTION D GENERAL PROVISIONS SECTION D GENERAL PROVISIONS STANDARD SPECIFICATIONS The Standard Specifications of the Agency are contained in the most recent edition of the Standard Specifications for Public Works Construction, including all supplements, as written and promulgated by the Joint Cooperative Committee of the Southern California District of the Associated General Contractors of California. Copies of these Standard Specifications are available from the publisher, Building News, Incorporated, 3055 Overland Avenue, Los Angeles, California 90034, telephone (310) 202 -7775 or (888) BNI -BOOK (264- 2665), or at 1612 S. Clementine St., Anaheim, California 92802, telephone (714) 517 -0907. The Standard Specifications set forth above will control the general provisions, construction materials, and construction methods for the contract except as amended by the plans, these special provisions, or other contract documents. The section numbers of the following General Provisions coincide with those of the said Standard Specifications. Only those sections requiring amendment or elaboration, or specifying options, are called out. In the case of conflict between the Standard Specifications and these General Provisions, these General Provisions shall take precedence over and be used in lieu of the conflicting portion. SECTION 1 - TERMS DEFINITIONS, ABBREVIATIONS AND SYMBOLS 1 -2 DEFINITIONS Agency /City - City of Tustin Board - City Council Caltrans - California Department of Transportation County - County of Orange Public Works Department Engineer - City Engineer Director - Community Development Director Federal - United States of America Laboratory - The designated laboratory authorized by the City of Tustin to test materials and work involved in the contract SECTION 2 - SCOPE AND CONTROL OF THE WORK 2 -1 AWARD AND EXECUTION OF CONTRACT Within ten (10) working days after the date of the Notice of Award, the Contractor shall execute and return the following contract documents to the Agency. Contract Agreement Faithful Performance Bond Labor and Materials Payment Bond Public Liability and Property Damage Insurance Certificate(s) and endorsements Compensation Insurance Certificate and endorsements Certified copy of Certificate of Authority, from the California Insurance Commissioner, issued to the bonding companies. Proof of valid Contractor's License(s) D -1 Contractor shall provide to the City within ten (10) working days after the date of Notice of Award of contract the aforementioned insurance certificate(s) with endorsements, which must meet the requirements of the specifications and comply with the contract documents. Failure to comply with this requirement will result in annulment of the award, forfeiture of the bidder's securityand City will pursue award to the next qualified responsive bidder. Contractor is advised that insurance certificate requirements are non - negotiable and City will not consider waiving insurance requirements. There are no exceptions. The Contract Agreement shall not be considered binding upon Agency until executed by the Authorized Agency officials. No contract will be executed unless the bidder is licensed in accordance with the provisions of the State Business and Professions Code. The successful bidder, prior to award of the contract by agency, shall present his or her Contractor's pocket license or certificate of licensure and provide signed statement which swears, under penalty of perjury, that the pocket license or certificate of licensure presented is his or hers, is current and valid and is in a classification appropriate to the work to be undertaken. Format of this statement is shown on the last page of this Section. A corporation to which an award is made may be required, before the Contract Agreement is executed by the agency, to fumish evidence of its corporate existence, of its right to enter into contracts in the State of California, and that the officers signing the contract and bonds for the corporation have the authority to do so. 2 -2 IRREGULAR PROPOSALS Unauthorized conditions, limitations, or provisions attached to a proposal will render it irregular and may cause its rejection. The completed Proposal Forms shall be without interlineations, alterations, or erasures. Alternative proposals will not be considered unless specifically requested. No oral, telegraphic, or telephonic proposal, modification, or withdrawal will be considered. 2 -3 DISQUALIFICATION OF BIDDER In the event that any bidder acting as a prime Contractor has an interest in more than one proposal, all such proposals will be rejected, and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so, may also submit a formal proposal as a prime Contractor. 2-4 CONTRACT BONDS Both the Faithful Performance Bond and the Labor and Materials Payment Bond shall each be for not less than one hundred percent (100 %) of the total contract amount. Bonds shall be of the form attached to Section C and secured from a surety company duly authorized to issue such bonds in the State of California and shall be subject to the approval and acceptance of the City Council and City Attorney. The Labor and Materials Payment Bond and the Faithful Performance Bond shall remain in force until one (1) year after the date of recordation of the Notice of Completion. Additionally, the Contractor shall concurrently submit, with the bonds, a certified copy of the most recent Certificate of Authority issued to the bonding company by the California Insurance Commissioner. 2 -5 PLANS AND SPECIFICATIONS INTERPRETATION OF PLANS AND DOCUMENTS If any person contemplating submitting a bid for the proposed contract is in doubt as to the true meaning of any part of the plans, specifications or other proposed contract documents, or find discrepancies in, or omissions from, the drawings or specifications, he /she may submit to the Director of said Agency a written request for an interpretation or correction thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation or correction of the proposed documents shall be made only by addendum duly issued and copy of such addendum will be mailed or delivered to each person receiving a set of such documents. The Director will not be responsible for any other explanation or interpretations of the proposed documents. The Contractor shall hold harmless the City of Tustin from any loss or damage as a result of his intentional failure to report any error, omission or conflicting procedure. SECTION 3 — CHANGES IN WORK 3 -3.2.3 — MARKUP (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ..................................................... .............................15 % 2) Materials ............................................... .............................15 % 3) Equipment Rental ................................. .............................15 % 4) Other Items and Expenditures ............. .............................15 % The sum of the costs and markups provided for in this subsection, shall include compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3 -3.2.3 (a) shall be applied to the Subcontractor's actual cost of such work. A markup of five percent (5 %) of the subcontracted portion of the extra work may be added by the Contractor. 3 -6 CHANGE ORDERS If extra work is deemed necessary, the scope of work shall be documented under the terms and conditions of the City of Tustin's Contract Change Order form enclosed at the end of this section. D -3 SECTION 6 - PROSECUTION. PROGRESS AND ACCEPTANCE OF WORK 6 -1 TERMINATION OF CONTRACT This contract may be terminated with or without cause by the Agency at any time with not less than 30 days written notice of such termination. In the event of such termination, the Contractor shall be compensated for such services up to the date of termination. Such compensation for work in progress would be prorated as to the percentage of progress completed at the date of termination. 6 -7 LENGTH OF CONTRACT 6 -7.1 General After November 20, 2013, this contract shall be renewable each year through November 20, 2017, based upon performance. Each contract renewal is subject to approval by the Director and is contingent upon successful work by the Contractor as determined by the Director. All contract renewals must be approved in writing by the Director, along with renewal of all bonds and insurance policies. 6 -7.2 Working Days City Hall Offices are currently open from 7:30 a.m. to 5:30 p.m. Monday through Thursday and 8:00 a.m. to 5:00 p.m. on Friday. The Contractor's activities shall be confined to the hours between 7:00 a.m. and 5:00 p.m. Monday through Thursday and 7:00 a.m. to 4:00 p.m. on Friday, excluding holidays. Deviation from these hours will not be permitted without the prior consent of the Director, except in emergencies involving immediate hazard to persons or property. 6 -9 LIQUIDATED DAMAGES The Contractor shall pay the City of Tustin, or have withheld from monies due it, as liquidated damages, the sum of five hundred and 00/100 dollars ($500.00) per day for each and every calendar days delay in finishing the work in excess of the number of days specified herein including extensions granted due to inclement weather and /or increase in the scope of work. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7 -1 CONTRACTOR'S EQUIPMENT AND FACILITIES A noise level limit of 96 dBA at a distance of fifty feet (50') shall apply to all equipment on or related to the job whether owned by the Contractor or not. The use of excessively loud warning signals shall be avoided except in those cases required for the protection of personnel. M 7 -2 LABOR 7 -2.2 Laws Legal Relations and Responsibility. The Contractor shall indemnify and save harmless the City of Tustin and all officers and employees thereof from all claims, suits, or actions of every name, kind and description, brought for, or on account of, injuries to or death of any person including, but not limited to, workers and the public, or damage to property resulting from the construction of the work or by or in consequence of any negligence regarding the work, use of improper materials or equipment in construction of the work, neglect or refusal of Contractor to faithfully perform the work and all of Contractor's obligations under the contract, or by or on account of any act or omission by the Contractor or his agents or a subcontractor or his agents or a third party during the progress of the work or at any time before its completion and final acceptance, or which might arise in connection with the agreed upon work or is caused by or happening in connection with the progress of said work, or on account of any passive or active negligent act or omission by the City of Tustin, its officers, employees and agents, save and except claims arising through the sole and exclusive negligence or sole and exclusive willful misconduct of the City of Tustin. The defense and indemnification by Contractor shall include all costs and expenditures including attorney's fees incurred by the City of Tustin or its employees, officers or agents with respect to such claim or suit and Contractor will, if requested by City of Tustin, defend any litigation arising out of such claims at the sole cost and expense of Contractor. In addition to any remedy authorized by law, so much of the money due the Contractor under and by virtue of the contract as shall be considered necessary in the sole discretion of the City of Tustin may be retained by the City until disposition has been made of such claims for damages as aforesaid. Prevailing Wages. The CITY OF TUSTIN has obtained from the Director of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this contract, and the same has been filed in the Office of the Community Development Director. Contractor agrees that not less than said prevailing rates shall be paid to workers employed on this public works contract as required by Labor Code Sections 1771 and 1774 of the State of California. If there is a difference between the Federal and State minimum wage rates for similar classifications, the Contractor and subcontractor shall pay not less than the higher rate. Subsistence Pay. Section 1773.8 of the Labor Code of the State of California, regarding the payment of travel and subsistence payments, is applicable to this contract. Responsibility for Damage and Loss. The Contractor shall assume the defense of, and hold harmless, the City of Tustin and its officers and agents from all claims of any kind arising from his own negligence or that of his agents in the performance of the contract. Labor Non - discrimination. Attention is directed to Section 1735 of the Labor Code, which reads as follows: "No discrimination shall be made in the employment of persons upon public works because of the race, religious creed, color, national origin, ancestry, physical handicap, medical D -5 condition, marital status, or sex of such persons, except as provided in Section 12940 of the Government Code, and every Contractor for public works violating this section is subject to all the penalties imposed for a violation of this chapter." Payroll Records. Attention is directed to provisions in Labor Code Section 1776 which requires each Contractor and subcontractor to keep accurate payroll records regarding wages paid to journeymen, apprentices, workers, or other employees. The Contractor and subcontractor under him shall comply with the requirements of this Section. Employment of Apprentices. Attention is directed to the provisions in Sections 1777.5, Chapter 1411, Statutes of 1968 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. The Contractor and any subcontractor under him shall comply with the requirements of said sections in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex- officio and Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7 -3 LIABILITY INSURANCE Public Liabili and Pro a Damages. Contractor shall take out and maintain during the life of the contract, commercial general liability, automobile liability and worker's compensation insurance. The amount of the commercial general liability and automobile insurance shall not be less than the following: Single limit coverage applying to bodily and personal injury liability and property damage: $2,000.000.00. The following insurer endorsements are required if not part of the policy: 1. The City of Tustin, its elective and appointive boards, officers, agents and employees named as additional insureds in the policy as to the work being performed under the contract; 2. The coverage is primary and no other insurance carried by the City of Tustin will be called upon to contribute to a loss under this coverage; 3. The policy covers blanket contractual liability; 4. The policy limits or liability are provided on an occurrence basis; 5. The policy covers broad form property damage liability; 6. The policy covers personal injury as well as bodily injury liability; 7. The policy covers explosion, collapse, and underground hazards; 8. The policy covers products and completed operations; 9. The policy covers use of non -owner automobiles; and M 10. The coverage shall not be cancelled or terminated unless thirty (30) days written notice is given to the City of Tustin. 11. Insurers shall be authorized to do business in the State by the Department of Insurance and shall meet the following qualifications: A.M. Best's Key Rating of Grade A and Class VII (seven) (if an Admitted Insurer), and Grade A- or better and Class X (ten) or better (if offered by a Surplus Line Broker), is acceptable. Workers' compensation insurance rated Grade B- or better and Class VII (seven) or better, or offered by the State Compensation Fund, is acceptable. 12. The worker's compensation and employer's liability insurance policies shall contain a waiver of subrogation in favor of the City. Contractor shall provide to the City within ten (10) working days after the date of notice of award of the contract evidence of the aforementioned insurance with insurer endorsements, which must meet the requirements of this Article. An Acord Certificate will be accepted solely as evidence of the name of the insurers and the amounts of insurance. Failure to comply with these requirements will result in annulment of the award, forfeiture of the bidder's security, and the City will pursue award to the next qualified responsive bidder. Contractor is advised that insurance requirements are non - negotiable and City will not consider waiving insurance requirements. There are no exceptions. 7 -5 PERMITS A City of Tustin business license shall be obtained by the Contractor, at his expense, prior to starting work. Subcontractors working for the general Contractor for this project will be required to have a business license while working on this project. Contractor shall also be responsible for obtaining a Temporary Use Permit from the City of Tustin if the Contractor's construction staging yard is located within the City of Tustin. Acquiring this permit will require the property owners' signature on the Permit. 7 -7 COOPERATION AND COLLATERAL WORK The Contractor shall be responsible for ascertaining the nature and extent of any simultaneous, collateral, and essential work by others. The Contractor shall include in its bid all costs involved as a result of coordinating its work with others. The Contractor will not be entitled to additional compensation from the City for damages resulting from such simultaneous, collateral, and essential work per Section 7 -7 of the Standard Specifications of Public Works Construction ( "Greenbook "). 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 CONSTRUCTION WATER The Contractor shall be responsible for obtaining a construction water meter from the City of Tustin Water Services Division, 1472 Service Road, and /or Irvine Ranch Water District (IRWD) prior to beginning work. Water used will be charged at the prevailing rate. D -7 7 -8.8 RECYCLING /DISPOSAL OF CONSTRUCTION DEBRIS The Contractor is required to salvage and recycle at least 50% of all construction related waste and shall submit a CIP Waste Reduction and Recycling Plan identifying the amount and types of waste created by the project and compliance with this diversion requirement. In addition, the Contractor shall properly document in writing to the City the amounts and types of all construction waste actually salvaged, recycled and disposed, all in compliance with the diversion, planning and reporting requirements contained in City Code Section 4351 et al. The Contractor shall use only City approved recycling facilities. A complete list of City approved recycling facilities is attached at the end of Section D. The Contractor shall coordinate the removal from the site of all structures, foundations, paving, vegetation and any associated debris from the site. Payment for disposal of construction debris shall be considered included in the contract unit prices paid for other items of work and shall be considered incidental for accomplishing this work, as specified herein and no additional compensation will be allowed. City fees related to City Code Section 4351, et al will be waived. The Contractor is required to utilize County of Orange (County) landfills for disposal of all refuse and debris. County landfills are subject to closure at any time when daily disposal tonnage limits are exceeded. The Contractor has the sole obligation to determine the availability of County landfills for disposal of any refuse and demolition or construction debris. The City will not be responsible for any costs associated with project delays due to the closure of County landfills. 7 -10 _PUBLIC CONVENIENCE AND SAFETY Pursuant to Public Contracts Code Section 7104, on any public works contracts involving the digging of trenches or other excavations deeper than four feet, the Contractor shall promptly notify the City in writing if any of the following conditions are encountered: 1. Material the Contractor believes may constitute a hazardous waste, as defined in Health and Safety Code Section 25117 and that is required to be removed to a Class I, II or III disposal site. 2. Subsurface or latent physical conditions at the site differing from those indicated in the contract. 3. Unusual physical conditions at the site which differ materially from those ordinarily encountered and generally recognized as inherent in the type of work provided in this contract. 7 -15 PAYROLL RECORDS Weekly certified payroll records for both the prime and subcontractors working on the job must be submitted to the Agency by the Contractor. Progress payments will be withheld pending receipt of any outstanding reports. 0: SECTION 9 MEASUREMENT AND PAYMENT 49.` %7krj f4�� Progress Payments - The Contractor shall submit a detailed invoice with each request for progress payment, together with the periodic progress report. Progress payments will be withheld pending receipt of any outstanding reports and /or detailed invoices and confirmation of claimed amounts by measurement taken by the City. Final Pa ment - If no claims or stop payment notices are filed, then, at the expiration of 35 days from the date of recordation of the notice of completion, the amount deducted from the final estimate and retained by the City will be paid to the Contractor. M• CONTRACTOR'S LICENSING STATEMENT TO BE PROVIDED BY SUCCESSFUL BIDDER PRIOR TO AWARD OF CONTRACT The undersigned Contractor or Corporate Officer, declares under penalty of perjury that the attached copy of the Contractor's pocket license or certificate of licensure is Contractor's, is current and valid, and is in a classification as required by the project specifications and appropriate to the work to be undertaken for this project. NAME OF CONTRACTOR: SIGNED: TITLE: Note: Attach proper Notary Acknowledgment for signature of authorized person. (Use copy of blank form provided in Section B.) D -10 CITY OF TUSTIN CONTRACT CHANGE ORDER NO. PROJECT: DESCRIPTION OF THIS CCO The compensation (time and cost) set forth in this Change Order comprises the total compensation due the Contractor, the Subcontractors and all suppliers, for the work or change defined in this Change Order, including all Impact on any unchanged work. By signing this Change Order, the Contractor acknowledges and agrees, on behalf of himself, all Subcontractors and all suppliers, that the stipulated compensation includes payment for all work contained in this Change Order, plus all payment for the interruption of schedules, extended overhead costs, delay, and all impact, ripple effect or cumulative impact on all other work under this Contract. The signing of this Change Order shall indicate that the Change Order constitutes full mutual accord and satisfaction for the change, and that the time and /or cost under the Change Order constitutes the total equitable adjustment owed the Contractor, all Subcontractors, and all suppliers, as a result of this change. The Contractor, on behalf of himself, all Subcontractors and all suppliers, agrees to waive all rights, without exception or reservation of any kind whatsoever, to file any further claim or request for equitable adjustment of any type, for any reasonably foreseeable cause that shall arise out of or as a result of this Change Order or the impact of this Change Order on the remainder of the work under this Contract. CHANGE IN CONTRACT ITEMS INCREASE (DECREASE) ITEM NO. DESCRIPTION UNIT QUANTITY AMOUNT PRICE TOTAL D -11 ADDITIONAL WORK (NON CONTRACT ITEM) DESCRIPTION I UNIT PRICE I QUANTITY I AMOUNT GRAND TOTAL NET CHANGE TIME EXTENSION BY REASON OF THIS CHANGE ORDER SUMMARY OF CONTRACT CHANGE ORDERS PRECEDING CCO CHANGES - INCREASE ❑ DECREASE ❑ $ TOTAL CCO'S TO DATE - INCREASE ❑ DECREASE ❑ $ ACCEPTED: TITLE: DATE: Contractor SUBMITTED BY: APPROVED: Community Development Director D -12 DATE: SECTION E SPECIAL PROVISIONS SECTION E SPECIAL PROVISIONS E -I SCOPE OF SERVICES The following procedures are to be followed by the City and contractor when performing Graffiti Abatement Services: The City shall receive initial complaints regarding any occurrence of graffiti nuisance violations. City staff will provide the alleged locations for removal to the contractor for removal. 2. The Community Development Department shall notify the contractor of the location of the violation and authorize contractor to proceed. Locations may be accessed through the TAGRS database or by verbal or facsimile Notice to Proceed. In addition, authorization from the Community Development Department is required prior to the contractor's proceeding with sandblasting or chemical removal processes. 3. The Contractor shall remove the subject graffiti within 48 hours of authorization; however it is desired that graffiti be removed within 24 hours of authorization. The work shall be performed in a prompt, thorough, lawful, and workman -like manner. Paint cover -up shall be accomplished utilizing a custom color match or other method to ensure that the removal blends into the existing background colors. 4. Before removing graffiti, the Contractor shall photograph graffiti for documentation purposes. All graffiti paint -over shall be done in a rectangular or square design with two sides horizontal to the ground at the minimum size needed to encompass the extreme limits of the graffiti violation. 6. At the end of each business day, the contractor shall fax a list identifying the work completed within the City of Tustin. 7. Any month in which Contractor wishes to receive payment for Graffiti Abatement Services which have been previously determined acceptable by City staff, Contractor shall submit to the Community Development Department an invoice for services rendered per job prior to the date of the invoice. All submittals shall include the cost prescribed for graffiti removal based upon square footage of removal stipulated within the contract document, measurement of which is described herein. This invoice shall be in the form approved by the City's Director of Finance and shall be submitted no later than the first (1st) working day of such month. City will pay Contractor for all services rendered on account of the contract price which are approved by the Community Development Department pursuant to the Contract no later than the last working day of said month. Failure of Contractor E -1 to submit the required forms as stipulated herein will delay payment to Contractor until the following billing cycle. 8. For any submittal determined to be unclear or where the graffiti removal has been determined to be incomplete or improper, the City shall verbally notify the contractor of the inadequacy within ten (10) working days of the determination and shall withhold payment for services until the graffiti has been removed to the satisfaction of the City. 9. The City of Tustin estimates that the contractor may be called upon to perform graffiti abatement services of approximately 3,000 jobs during the first year of the contract. It is also estimated that, on average, graffiti to be abated will not exceed 100 square feet in size. Jobs larger than 100 square feet (or 40 square feet for water /sandblasting or chemical removal) may be counted as multiple jobs. In submitting the proposal and by entering into an agreement with the City to perform annual graffiti abatement services, the selected contractor agrees to carry out all requested graffiti abatement job assignments regardless of size during the contract period and to be reimbursed for not more than the amount indicated herein as the "Unit Cost per Job Completed" except when authorized by an approved change order. Services rendered which exceed the "City Estimated Number of Jobs" stipulated by work category described herein may be billed per job at the "Cost per Job Completed" bid amount, and will continue to be reimbursed by the City. Once the "Unit Cost per Job Completed" amount is reached, a change order must be processed for the contractor to be reimbursed for each additional job cost, as specified in Section D, General Conditions. The City reserves the right to award more or less than 3,000 pieces of work for which the chosen contractor shall be paid on a per unit basis. E_II SPECIFICATIONS FOR ANNUAL PERFORMANCE OF GRAFFITI ABATEMENT SERVICES Graffiti Removal. The method(s) of removal may vary depending upon the type of graffiti and condition of the surface. Unless authorized otherwise by the Community Development Director or designee, however, the Contractor shall remove graffiti by painting the existing surface using a custom matched color of paint. The following methods of removal may be used only at the discretion of the Community Development Director or designee: 1) Sandblasting or other pressurized removal systems. This method of removal may be used on surfaces such as concrete, cinder block, or brick. 2) Chemical removal. This method of removal, may be used on non - porous surfaces such as granite, tile, metal, and some marble. The work in this section shall conform to the applicable requirements for a Type I 'standard job' as specified in Architectural Painting Specification Manual, published by the Painting and Decorating Contractors of America. 2. Materials and Equipment A. The Contractor shall properly prepare all stucco, masonry, metal, wood, or other exterior surfaces in a manner that will result in an acceptable bonding of the applied paint and deter the visibility of graffiti. The Contractor shall use "Dunn Edwards" exterior acrylic flat paint (W720 Acri -Hues) or an equivalent (as approved by the City of Tustin) in the painting of all exterior surfaces, unless determined otherwise by the Community Development Director or designee. B. The materials shall be applied in such a manner as will ensure smooth, even, uniform coats free of dirt, drips, ridges, runs, and brush marks resulting from Contractor's work. When completed, the painting shall represent a workman -like appearance. C. Paint shall be applied under dry, dust -free conditions and shall not be applied when the temperature is below 40 degrees Fahrenheit. All primer and intermediate coats of paint shall be unscarred and completely integral as well as completely dry at the time of the application of each succeeding coat. D. For deep base paints: firm drying time average of 60 minutes, hard in 12 hours. Spreading rate: 300 sq. ft. per gallon stucco and masonry; 350 to 450 sq. ft. per gallon on wood. E. For light base paints: firm drying time of 60 minutes. Spreading rate: 350 - 400 sq. ft. per gallon. E -3 F. The Contractor shall provide an airless spray unit (minimum 2500 p.s.i.), and such other equipment as may be necessary to perform graffiti removal (e.g., ladders, brushes, etc.). G. For certain surfaces, the Community Development Director or designee may authorize that chemical based materials be used in a manner to accomplish graffiti removal. H. Manufacturer's recommendations for mixing, thinning, applying, type of exposure, surface to be covered, and type of surface wear to which the paint will be subjected shall be explicitly followed. I. The contractor shall have the ability to reach difficult locations when removing graffiti. To this end the contractor shall at all times have ladders, painting extensions on every vehicle and 24/7 access to a bucket truck vehicle with a minimum extension height of a minimum forty (40) feet. 3. Public Relations. All Contractor employees shall wear clean and professional clothing in the performance of their duties. Equipment shall be clean and maintained in a safe operating manner. All equipment shall be subject to inspection by the City. Contractor shall at all times conduct his services with utmost courtesy to the public. 4. Contractor Responsibility. The Contractor is to assume the responsibility for all work performed. 5. Cleanup. All finished surfaces shall be left clean and reasonably dust free. At completion of the work, Contractor shall clean all exposed surfaces soiled by the work, repair all damage caused by the work at no extra cost to the property owner or the City of Tustin, remove all debris of the work from the job site, and leave the entire site ready for use. E_III NPDES REQUIREMENTS (Not a Bid Item) The Santa Ana Regional Water Quality Control Board (RWQCB) has issued a permit to Orange County and incorporated cities in the Santa Ana Region to govern storm water and non -storm water discharges resulting from construction activities. The RWQCB Permit is National Pollutant Discharge Elimination System ( NPDES) Permit No. CAS618030. Copies of the RWQCB Permit are available for review from the City of Tustin Public Works Department. The County of Orange has developed a Drainage Area Management Plan (DAMP) to comply with the Permit requirements. The DAMP contains Best Management Practices (BMPs) that all construction personnel must adhere to. The BMPs include pollution prevention and source control techniques to minimize the impact of construction activities upon dry- weather urban runoff, storm water runoff, and receiving water quality. E-4 E_VI NPDES REQUIREMENTS (Cont'd.) All work performed under this contract shall conform to the above referenced NPDES Permit, the current edition of the DAMP, and the City of Tustin's Water Quality Ordinance. In addition, the contractor is required to comply with all applicable local, state and federal clean water regulations, laws, provisions, etc. in the performance of their work. The contractor shall implement all applicable BMPs and ensure that all staff are properly trained and understand the BMPs. The Contractor shall: • Transport paint and materials to and from job sites in containers with secure lids and tied down to the transport vehicle. • Not transfer or load paint near storm drain inlets or watercourses. • Test and inspect spray equipment prior to starting to paint. Tighten all hoses and connections and do not overfill paint container. • Capture all clean -up water, and dispose of properly. • Not remove graffiti during a rain event. • Protect nearby storm drain inlets prior to removing graffiti from walls, signs, sidewalks, or other structures needing graffiti abatement. Clean up afterwards by sweeping or vacuuming thoroughly, and /or by using absorbent and properly disposing of the absorbent. • Direct runoff from sand blasting and high pressure washing (with no cleaning agents) into a landscaped or dirt area. If such an area is not available, filter runoff through an appropriate filtering device (e.g. filter fabric) to keep sand, particles, and debris out of storm drains. • Plug nearby storm drains and vacuum /pump wash water to the sanitary sewer if a graffiti abatement method generates wash water containing a cleaning compound (such as high pressure washing with a cleaning compound). • Consider using a waterless and non -toxic chemical cleaning method for graffiti removal (e.g. gels or spray compounds). The Contractor may be asked to: • Plug nearby storm drain inlets prior to the start of painting where there is significant risk of a spill reaching storm drains. Remove plugs when job is completed. • Cover nearby storm drain inlets if sand blasting is used to remove paint, prior to starting work. • Use a sander with a vacuum filter bag if sanding. W SECTION F FEDERAL REQUIREMENTS SECTION F F -I FEDERAL LOBBYING RESTRICTIONS Section 1352, Title 31, United States Code prohibits Federal funds from being expended by the recipient or any lower tier subrecipient of a Federal -aid contract to pay for any person for influencing or attempting to influence a Federal agency or Congress in connection with the awarding of any Federal -aid contract, the making of any Federal grant or loan, or the entering into of any cooperative agreement. If any funds other than Federal funds have been paid for the same purposes in connection with this Federal -aid contract, and the recipient shall submit an executed certification and, if required, submit a completed disclosure form as part of the bid documents. A certification for Federal -aid contracts regarding payment of funds to lobby Congress or a Federal agency is included in the Proposal. Standards Form — LLL, 'Disclosure of Lobbying Activities," with instructions for completion of the Standard Form is also included in the Proposal. Signing the Proposal shall constitute signature of the Certification. The above referenced certification and disclosure of lobbying activities shall be included in each subcontract and any lower -tier contracts exceeding $100,000. All disclosure forms; but no certifications, shall be forwarded from tier to tier until received by the Community Development Director. The Contractor, subcontractors, and any lower -tier contractors shall file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure for that materially affects the accuracy of the information contained in any disclosure form previously filed by the Contractor, subcontractors and any lower -tier contractors. An event that materially affects the accuracy of the information reported includes: (1) A cumulative increase of $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; or (2) A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal Action; or (3) A change in the officer(s), employee(s), or Member(s) contacted to influence or attempt to influence a covered Federal Action. F -1 F -11 CITY OF TUSTIN CONFLICT OF INTEREST Any bidder or Contractor shall submit the following disclosure form: COMMUNITY DEVELOPMENT DEPARTMENT CAMPAIGN CONTRIBUTION STATEMENT I, the undersigned, in connection with and as a part of my application for as follows: Within the last twelve (12) months, I have made the following campaign contributions to a member or members of the: ❑ City Council Date(s) of Contribution(s): Contribution(s) paid to: Contribution(s) for. Amount of Contributions(s): (If no contributions were made, write "none. ") I declare under penalty of perjury that the foregoing is true and correct. Executed this day of 20_, at California. Print Name Signature F -20 SECTION G FEDERAL WAGE RATES asm E q � O O O fax VY FA 0 U w a z 0 X x X :x jq p �2: � 8 OR 0 7�r� ;,4 >! > >: > w I IL 6 0 O 0 0 �aI '0 0 C; 0 C5 0: 0 t2 z Lo Lo 0, to, C�: m �Im L6 w zz � 4A: 02 O 01 a :E5 zo a '00 d w !M� z 0 O 0 R. 0 :z T Z m m W�o MW Z ZqZq �z W; w W.! Z8 KOZ am Fr w M 0 2 l�•o' 0 Mo gl! i w z ZZ 911A < r r W ti Page 1 of 25 General Decision Number: CA130035 07/19/2013 CA35 Superseded General Decision Number: CA20120035 State: California Construction Types: Building, Heavy (Heavy and Dredging) and Highway County: Orange County in California. BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS Modification Number Publication Date 0 01/04/2013 1 01/11/2013 2 03/01/2013 3 03/08/2013 4 04/12/2013 5 05/10/2013 6 07/05/2013 7 07/19/2013 ASBE0005 -002 06/28/2010 Rates Fringes Asbestos Workers /Insulator (Includes the application of all insulating materials, protective coverings, coatings, and finishes to all types of mechanical systems) ..... $ 32.79 16.31 Fire Stop Technician (Application of Firestopping Materials for wall openings and penetrations in walls, floors, ceilings and curtain walls ) ...........................$ 24.21 13.76 ---------------------------------------------------------------- ASBE0005 -004 06/28/2010 Rates Fringes Asbestos Removal worker /hazardous material handler (Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials from mechanical systems, whether they contain asbestos or not) .... $ 18.70 8.65 * BRCA0004 -010 05/01/2012 Rates Fringes http:// www. wdol. gov/ wdol/ scafiles /davisbacon/CA35.dvb ?v=7 07/31/2013 Page 2 of 25 BRICKLAYER; MARBLE SETTER ........ $ 35.26 12.26 *The wage scale for prevailing wage projects performed in Blythe, China lake, Death Valley, Fort Irwin, Twenty -Nine Palms, Needles and 1 -15 corridor (Barstow to the Nevada State Line) will be Three Dollars ($3.00) above the standard San Bernardino /Riverside County hourly wage rate ---------------------------------------------------------------- BRCA0018 -004 06/01/2012 Rates Fringes MARBLE FINISHER ..................$ 27.04 10.66 TILE FINISHER ....................$ 22.37 9.19 TILE LAYER .......................$ 33.55 13.55 ---------------------------------------------------------------- BRCA0018 -010 09/01/2009 Rates Fringes TERRAZZO FINISHER ................$ 26.59 9.62 TERRAZZO WORKER/SETTER ........... $ 33.63 10.46 --------------------------------------------------------- CARP0409 -001 07/01/2010 Rates Fringes CARPENTER (1) Carpenter, Cabinet Installer, Insulation Installer, Hardwood Floor Worker and acoustical installer ...................$ 37.35 11.08 (2) Millwright .............. $ 37.85 11.08 (3) Piledriver /Derrick Bargeman, Bridge or Dock Carpenter, Heavy Framer, Rock Bargeman or Scowman, Rockslinger, Shingler (Commercial) ................$ 37.48 10.58 (3) Piledrivermen /Derrick Bargeman, Bridge or Dock Carpenter, Heavy Framer, Rock Bargeman or Scowman, Rockslinger, Shingler (Commercial) ................$ 37.48 11.08 (4) Pneumatic Nailer, Power Stapler ...............$ 37.60 11.08 (5) Sawfiler ...............$ 37.44 11.08 (6) Scaffold Builder ....... $ 28.55 11.08 (7) Table Power Saw Operator ....................$ 37.45 11.08 FOOTNOTE: Work of forming in the construction of open cut sewers or storm drains, on operations in which horizontal lagging is used in conjunction with steel H -Seams driven or placed in pre- drilled holes, for that portion of a lagged trench against which concrete is poured, namely, as a substitute for back forms (which work is performed by piledrivers): $0.13 per hour additional. httn:// www. wdol. eov/ wdol/ scafiles /davisbacon/CA35.dvb ?v=7 07/31/2013 Page 3 of 25 ------------------------------------------------ CARP0409 -005 07/01/2010 Rates Fringes Drywall DRYWALL INSTALLER/LATHER .... $ 37.35 11.08 STOCKER/SCRAPPER ............ $ 10.00 6.67 ---------------------------------------------------------------- CARP0409 -008 08/01/2010 Rates Fringes Modular Furniture Installer ...... $ 17.00 7.41 --------------------------------------------------------- ELEC0011 -002 11/26/2012 COMMUNICATIONS AND SYSTEMS WORK Rates Fringes Communications System Installer ...................$ 27.25 12.25 Technician ..................$ 29.05 12.30 SCOPE OF WORK: Installation, testing, service and maintenance of systems utilizing the transmission and /or transference of voice, sound, vision and digital for commercial, educational, security and entertainment purposes for the following: TV monitoring and surveillance, background- foreground music, intercom and telephone interconnect, inventory control systems, microwave transmission, multi - media, multiplex, nurse call systems, radio page, school intercom and sound, burglar alarms, fire alarm (see last paragraph below) and low voltage master clock systems in commercial buildings. Communication Systems that transmit or receive information and /or control systems that are intrinsic to the above listed systems; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding all other data systems or multiple systems which include control function or power supply; excluding installation of raceway systems, conduit systems, line voltage work, and energy management systems. Does not cover work performed at China Lake Naval Ordnance Test Station. Fire alarm work shall be performed at the current inside wireman total cost package. ---------------------------------------------------------------- ELEC0441 -001 02/25/2013 Rates Fringes CABLE SPLICER ....................$ 43.03 14.04 ELECTRICIAN ......................$ 41.14 13.98 ---------------------------------------------------------------- * ELEC0441 -003 11/26/2012 COMMUNICATIONS & SYSTEMS WORK (excludes any work on Intelligent Transportation Systems or CCTV highway systems) http: / /www.wdol.gov /wdol/ scafiles /davisbacon/CA35.dvb ?v=7 07/31/2013 Rates Fringes Communications System Installer ...................$ 28.32 11.15 Technician ..................$ 30.12 11.20 SCOPE OF WORK The work covered shall include the installation, testing, service and maintenance, of the following systems that utilize the transmission and /or transference of voice, sound, vision and digital for commercial, education, security and entertainment purposes 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 listed systems SCADA (Supervisory control /data acquisition PCM (Pulse code 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, Access Control Systems, Card Access Systems *Fire Alarm Systems 1. Fire Alarms -In Raceways: Wire and cable pulling in raceways performed at the current electrician wage rate and fringe benefits. Installation and termination of devices, panels, startup, testing and programmming performed by the Technician. 2. Fire Alarms -Open Wire Systems: installed by the Technician. ------------------------- ELEC0441 -004 11/26/2012 Rates Fringes Page 4 of 25 http:// www. wdol. gov/ wdol/ scafiles /davisbacon/CA35.dvb ?v=7 07/31/2013 Page 5 of 25 ELECTRICIAN (TRANSPORTATION SYSTEMS, TRAFFIC SIGNALS & STREET LIGHTING) Cable Splicer /Fiber Optic Splicer .....................$ 40.74 13.77 Electrician .................$ 40.14 13.75 Technician ..................$ 30.12 11.20 SCOPE OF WORK: Electrical work on public streets, freeways, toll -ways, etc, above or below ground. All work necessary for the installation, renovation, repair or removal of Intelligent Transportation Systems, Video Surveilance Systems (CCTV), Street Lighting and and Traffic Signal work or systems whether underground or on bridges. Includes dusk to dawn lighting installations and ramps for access to or egress from freeways, toll -ways, etc. Intelligent Transportation Systems shall include all systems and components to control, monitor, and communicate with pedestrian or vehicular traffic, included but not limited to: installation, modification, removal of all Fiber optic Video System, Fiber Optic Data Systems, Direct interconnect and Communications Systems, Microwave Data and Video Systems, Infrared and Sonic Detection Systems, Solar Power Systems, Highway Advisory Radio Systems, highway Weight and Motion Systems, etc. Any and all work required to install and maintain any specialized or newly developed systems. All cutting, fitting and bandaging of ducts, raceways, and conduits. The cleaning, rodding and installation of "fish and pull wires ". The excavation, setting, leveling and grouting of precast manholes, vaults, and pull boxes including ground rods or grounding systems, rock necessary for leveling and drainagae as well as pouring of a concrete envelope if needed. JOURNEYMAN TRANSPORTATION ELECTRICIAN shall perform all tasks necessary toinstall the complete transportation system. JOURNEYMAN TECHNICIAN duties shall consist of: Distribution of material at job site, manual excavation and backfill, installation of system conduits and raceways for electrical, telephone, cable television and comnmunication systems. Pulling, terminating and splicing of traffic signal and street lighting conductors and electrical systems including interconnect, dector loop, fiber optic cable and video /data. ---------------------------------------------------------------- ELEC1245 -001 06/01/2012 Rates Fringes LINE CONSTRUCTION (1) Lineman; Cable splicer..$ 49.95 14.05 (2) Equipment specialist (operates crawler tractors, commercial motor vehicles, backhoes, trenchers, cranes (50 tons and below), overhead & underground distribution line equipment) ........... $ 39.09 12.97 http:// www. wdol. gov/ wdol/ scafiles /davisbacon/CA35.dvb ?v=7 07/31/2013 Page 6 of 25 (3) Groundman ...............$ 29.91 (4) Powderman ...............$ 43.71 12.70 13.15 HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and day after Thanksgiving, Christmas Day -------------------------------- ELEV0018 -001 01/01/2013 Rates ELEVATOR MECHANIC ................$ 48.23 Fringes 25.185 FOOTNOTE: PAID VACATION: Employer contributes 8% of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service. PAID HOLIDAYS: New Years Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day. ---------------------------------------------------------------- ENGI0012 -003 07/01/2012 Rates Fringes OPERATOR: Power Equipment (All Other Work) GROUP 1 ....................$ 37.40 20.00 GROUP 2 ....................$ 38.18 20.00 GROUP 3 ....................$ 38.47 20.00 GROUP 4 ....................$ 39.96 20.00 GROUP 5 ....................$ 41.06 20.00 GROUP 6 ....................$ 40.18 20.00 GROUP 8 ....................$ 41.39 20.00 GROUP 9 ....................$ 40.41 20.00 GROUP 10 ....................$ 40.41 20.00 GROUP 11 ....................$ 40.58 20.00 GROUP 12 ....................$ 40.58 20.00 GROUP 13 ....................$ 40.68 20.00 GROUP 14 ....................$ 40.71 20.00 GROUP 15 ....................$ 40.79 20.00 GROUP 16 ....................$ 40.91 20.00 GROUP 17 ....................$ 41.08 20.00 GROUP 18 ....................$ 41.18 20.00 GROUP 19 ....................$ 41.29 20.00 GROUP 20 ....................$ 41.41 20.00 GROUP 21 ....................$ 41.58 20.00 GROUP 22 ....................$ 41.68 20.00 GROUP 23 ....................$ 41.79 20.00 GROUP 24 ....................$ 41.91 20.00 GROUP 25 ....................$ 42.08 20.00 OPERATOR: Power Equipment (Cranes, Piledriving & Hoisting) GROUP 1 ....................$ 38.75 20.00 GROUP 2 ....................$ 39.53 20.00 GROUP 3 ....................$ 39.82 20.00 GROUP 4 ....................$ 39.96 20.00 GROUP 5 ....................$ 40.18 20.00 GROUP 6 ....................$ 40.29 20.00 httnc / /www.wdoL¢ov /wdol/ scafiles /davisbacon/CA35.dvb ?v=7 07/31/2013 Page 7 of 25 GROUP GROUP GROUP GROUP GROUP GROUP GROUP OPERATOR: (Tunnel Wo GROUP GROUP GROUP GROUP GROUP GROUP GROUP 7 ....................$ 40 8 ....................$ 40 9 ....................$ 40 10 ....................$ 41 11 ....................$ 42 12 ....................$ 43 13 ....................$ 44 Power Equipment :k) 1 ....................$ 39 2 ....................$ 4C 3 ....................$ 4C 4 ....................$ 4C 5 ....................$ 4C 6 ....................$ 4C 7 ....................$ 4C 41 20.00 58 20.00 75 20.00 75 20.00 75 20.00 75 20.00 75 20.00 25 20.00 03 20.00 32 20.00 46 20.00 68 20.00 79 20.00 91 20.00 PREMIUM PAY: $3.75 per hour shall be paid on all Power Equipment Operator work on the followng Military Bases: China Lake Naval Reserve, Vandenberg AFB, Point Arguello, Seely Naval Base, Fort Irwin, Nebo Annex Marine Base, Marine Corp Logistics Base Yermo, Edwards AFB, 29 Palms Marine Base and Camp Pendleton Workers required to suit up and work in a hazardous material environment: $2.00 per hour additional. Combination mixer and compressor operator on gunite work shall be classified as a concrete mobile mixer operator. SEE ZONE DEFINITIONS AFTER CLASSIFICATIONS POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP l: Bargeman; Brakeman; Compressor operator; Ditch Witch, with seat or similar type equipment; Elevator operator- inside; Engineer Oiler; Forklift operator (includes load, lull or similar types under 5 tons; Generator operator; Generator, pump or compressor plant operator; Pump operator; Signalman; Switchman GROUP 2: Asphalt - rubber plant operator (nurse tank operator); Concrete mixer operator -skip type; Conveyor operator; Fireman; Forklift operator (includes loed, lull or similar types over 5 tons; Hydrostatic pump operator; oiler crusher (asphalt or concrete plant); Petromat laydown machine; PJU side dum jack; Screening and conveyor machine operator (or similar types); Skiploader (wheel type up to 3/4 yd. without attachment); Tar pot fireman; Temporary heating plant operator; Trenching machine oiler GROUP 3: Asphalt- rubber blend operator; Bobcat or similar type (Skid steer); Equipment greaser (rack); Ford Ferguson (with dragtype attachments); Helicopter radioman (ground); Stationary pipe wrapping and cleaning machine operator GROUP 4: Asphalt plant fireman; Backhoe operator (mini -max or similar type); Boring machine operator; Boxman or mixerman (asphalt or concrete); Chip spreading machine operator; Concrete cleaning decontamination machine operator; Concrete Pump Operator (small portable); Drilling machine operator, small auger types (Texoma super economatic or http:// www. wdol. gov/ wdol/ scafiles /davisbacon/CA35.dvb ?v=7 07/31/2013 Page 8 of 25 similar types - Hughes 100 or 200 or similar types - drilling depth of 30' maximum); Equipment greaser (grease truck); Guard rail post driver operator; Highline cableway signalman; Hydra - hammer -aero stomper; Micro Tunneling (above ground tunnel); Power concrete curing machine operator; Power concrete saw operator; Power- driven jumbo form setter operator; Power sweeper operator; Rock Wheel Saw /Trencher; Roller operator (compacting); Screed operator (asphalt or concrete); Trenching machine operator (up to 6 ft.); Vacuum or much truck GROUP 5: Equipment Greaser (Grease Truck /Multi Shift). GROUP 6: Articulating material hauler; Asphalt plant engineer; Batch plant operator; Bit sharpener; Concrete joint machine operator (canal and similar type); Concrete planer operator; Dandy digger; Deck engine operator; Derrickman (oilfield type); Drilling machine operator, bucket or auger types (Calweld 100 bucket or similar types - Watson 1000 auger or similar types - Texoma 330, 500 or 600 auger or similar types - drilling depth of 45' maximum); Drilling machine operator; Hydrographic seeder machine operator (straw, pulp or seed), Jackson track maintainer, or similar type; Kalamazoo Switch tamper, or similar type; Machine tool operator; Maginnis internal full slab vibrator, Mechanical berm, curb or gutter(concrete or asphalt); Mechanical finisher operator (concrete, Clary- Johnson - Bidwell or similar); Micro tunnel system (below ground); Pavement breaker operator (truck mounted); Road oil mixing machine operator; Roller operator (asphalt or finish), rubber -tired earth moving equipment (single engine, up to and including 25 yds. struck); Self - propelled tar pipelining machine operator; Skiploader operator (crawler and wheel type, over 3/4 yd. and up to and including 1 -1/2 yds.); Slip form pump operator (power driven hydraulic lifting device for concrete forms); Tractor operator- bulldozer, tamper- scraper (single engine, up to 100 h.p. flywheel and similar types, up to and including D -5 and similar types); Tugger hoist operator (1 drum); Ultra high pressure waterjet cutting tool system operator; Vacuum blasting machine operator GROUP 8: Asphalt or concrete spreading operator (tamping or finishing); Asphalt, paving machine operator (Barber Greene or similar type); Asphalt- rubber distribution operator; Backhoe operator (up to and including 3/4 yd.), small ford, Case or similar; Cast -in -place pipe laying machine operator; Combination mixer and compressor operator (gunite work); Compactor operator (self - propelled); Concrete mixer operator (paving); Crushing plant operator; Drill Doctor; Drilling machine operator, Bucket or auger types (Calweld 150 bucket or similar types - Watson 1500, 2000 2500 auger or similar types - Texoma 700, 800 auger or similar types - drilling depth of 60' maximum); Elevating grader operator; Grade checker; Gradall operator; Grouting machine operator; Heavy -duty repairman; Heavy equipment robotics operator; Kalamazoo balliste regulator or similar type; Kolman belt loader and similar type; Le Tourneau blob compactor or similar type; Loader operator (Athey, Euclid, Sierra and similar types); Mobark Chipper or similar; Ozzie padder or similar types; P.C. slot saw; Pneumatic concrete placing machine operator (Hackley- Presswell or similar type); http:// www. wdol. gov/ wdol/ scafiles /davisbacon/CA35.dvb ?v=7 07/31/2013 Page 9 of 25 Pumperete gun operator; Rock Drill or similar types; Rotary drill operator (excluding caisson type); Rubber -tired earth - moving equipment operator (single engine, caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. up to and including 50 cu. yds. struck); Rubber -tired earth - moving equipment operator (multiple engine up to and including 25 yds. struck); Rubber -tired scraper operator (self- loading paddle wheel type -John Deere, 1040 and similar single unit); Self - propelled curb and gutter machine operator; Shuttle buggy; Skiploader operator (crawler and wheel type over 1 -1/2 yds. up to and including 6 -1/2 yds.); Soil remediation plant operator; Surface heaters and planer operator; Tractor compressor drill combination operator; Tractor operator (any type larger than D -5 - 100 flywheel h.p. and over, or similar - bulldozer, tamper, scraper and push tractor single engine); Tractor operator (boom attachments), Traveling pipe wrapping, cleaning and bendng machine operator; Trenching machine operator (over 6 ft. depth capacity, manufacturer's rating);,trenching Machine with Road Miner attachment (over 6 ft depth capacity): Ultra high pressure waterjet cutting tool system mechanic; Water pull (compaction) operator GROUP 9: Heavy Duty Repairman GROUP 10: Drilling machine operator, Bucket or auger types (Calweld 200 B bucket or similar types - Watson 3000 or 5000 auger or similar types - Texoma 900 auger or similar types - drilling depth of 105' maximum); Dual drum mixer, dynamic compactor LDC350 (or similar types); Monorail locomotive operator (diesel, gas or electric); Motor patrol -blade operator (single engine); Multiple engine tractor operator (Euclid and similar type- except Quad 9 cat.); Rubber -tired earth - moving equipment operator (single engine, over 50 yds. struck); Pneumatic pipe ramming tool and similar types; Prestressed wrapping machine operator; Rubber -tired earth - moving equipment operator (single engine, over 50 yds. struck); Rubber tired earth moving equipment operator (multiple engine, Euclid, caterpillar and similar over 25 yds. and up to 50 yds. struck), Tower crane repairman; Tractor loader operator (crawler and wheel type over 6 -1/2 yds.); Woods mixer operator (and similar Pugmill equipment) GROUP 11: Heavy Duty Repairman - Welder Combination, Welder - Certified. GROUP 12: Auto grader operator; Automatic slip form operator; Drilling machine operator, bucket or auger types (Calweld, auger 200 CA or similar types - Watson, auger 6000 or similar types - Hughes Super Duty, auger 200 or similar types - drilling depth of 175' maximum); Hoe ram or similar with compressor; Mass excavator operator less tha 750 cu. yards; Mechanical finishing machine operator; Mobile form traveler operator; Motor patrol operator (multi- engine); Pipe mobile machine operator; Rubber -tired earth- moving equipment operator (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck); Rubber -tired self- loading scraper operator (paddle- wheel -auger type self - loading - two (2) or more units) http:// www. wdol. gov/ wdol/ scafiles /davisbacon/CA35.dvb ?v=7 07/31/2013 Page 10 of 25 GROUP 13: Rubber -tired earth - moving equipment operator operating equipment with push -pull system (single engine, up to and including 25 yds. struck) GROUP 14: Canal liner operator; Canal trimmer operator; Remote- control earth - moving equipment operator (operating a second piece of equipment: $1.00 per hour additional); Wheel excavator operator (over 750 cu. yds.) GROUP 15: Rubber -tired earth - moving equipment operator, operating equipment with push -pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber -tired earth- moving equipment operator, operating equipment with push -pull system (multiple engine -up to and including 25 yds. struck) GROUP 16: Rubber -tired earth- moving equipment operator, operating equipment with push -pull system (single engine, over 50 yds. struck); Rubber -tired earth - moving equipment operator, operating equipment with push -pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 17: Rubber -tired earth - moving equipment operator, operating equipment with push -pull system (multiple engine, Euclid, Caterpillar and similar, over 50 cu. yds. struck); Tandem tractor operator (operating crawler type tractors in tandem - Quad 9 and similar type) GROUP 18: Rubber -tired earth - moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, up to and including 25 yds. struck) GROUP 19: Rotex concrete belt operator (or similar types); Rubber -tired earth - moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds.and up to and including 50 cu. yds. struck); Rubber -tired earth - moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, up to and including 25 yds. struck) GROUP 20: Rubber -tired earth - moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, over 50 yds. struck); Rubber -tired earth - moving equipment operator, operating in tandem (scrapers, belly dumps, and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 21: Rubber -tired earth - moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) httn://www.wdol.vov/wdol/scafiles/davisbacon/CA35.dvb?v--7 07/31/2013 Page I 1 of 25 GROUP 22: Rubber -tired earth - moving equipment operator, operating equipment with the tandem push -pull system (single engine, up to and including 25 yds. struck) GROUP 23: Rubber -tired earth- moving equipment operator, operating equipment with the tandem push -pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber -tired earth - moving equipment operator, operating with the tandem push -pull system (multiple engine, up to and including 25 yds. struck) GROUP 24: Rubber -tired earth - moving equipment operator, operating equipment with the tandem push -pull system (single engine, over 50 yds. struck); Rubber -tired earth - moving equipment operator, operating equipment with the tandem push -pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 25: Concrete pump operator -truck mounted; Rubber -tired earth - moving equipment operator, operating equipment with the tandem push -pull system (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS GROUP l: Engineer oiler; Fork lift operator (includes loed, lull or similar types) GROUP 2: Truck crane oiler GROUP 3: A -frame or winch truck operator; Ross carrier operator (jobsite) GROUP 4: Bridge -type unloader and turntable operator; Helicopter hoist operator GROUP 5: Hydraulic boom truck; Stinger crane (Austin - Western or similar type); Tugger hoist operator (1 drum) GROUP 6: Bridge crane operator; Cretor crane operator; Hoist operator (Chicago boom and similar type); Lift mobile operator; Lift slab machine operator (Vagtborg and similar types); Material hoist and /or manlift operator; Polar gantry crane operator; Self Climbing scaffold (or similar type); Shovel, backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cu. yds. mrc); Tower crane repair; Tugger hoist operator (3 drum) GROUP 8: Crane operator (up to and including 25 ton capacity); Crawler transporter operator; Derrick barge operator (up to and including 25 ton capacity); Hoist operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity); Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds., M.R.C.) GROUP 9: Crane operator (over 25 tons and up to and including http:// www. wdol. gov/ wdoUseafiles /davisbacon/CA35.dvb ?v=7 07/31/2013 Page 12 of 25 50 tons mrc); Derrick barge operator (over 25 tons up to and including 50 tons mrc); Highline cableway operator; Hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including 50 tons mrc); K -crane operator; Polar crane operator; Self erecting tower crane operator maximum lifting capacity ten tons GROUP 10: Crane operator (over 50 tons and up to and including 100 tons mrc); Derrick barge operator (over 50 tons up to and including 100 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to and including 100 tons mrc), Mobile tower crane operator (over 50 tons, up to and including 100 tons M.R.C.); Tower crane operator and tower gantry GROUP 11: Crane operator (over 100 tons and up to and including 200 tons mrc); Derrick barge operator (over 100 tons up to and including 200 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 100 tons up to and including 200 tons mrc); Mobile tower crane operator (over 100 tons up to and including 200 tons mrc) GROUP 12: Crane operator (over 200 tons up to and including 300 tons mrc); Derrick barge operator (over 200 tons up to and including 300 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 200 tons, up to and including 300 tons mrc); Mobile tower crane operator (over 200 tons, up to and including 300 tons mrc) GROUP 13: Crane operator (over 300 tons); Derrick barge operator (over 300 tons); Helicopter pilot; Hoist operator, stiff legs, Guy derrick or similar type (over 300 tons); Mobile tower crane operator (over 300 tons) TUNNEL CLASSIFICATIONS GROUP 1: Skiploader (wheel type up to 3/4 yd. without attachment) GROUP 2: Power - driven jumbo form setter operator GROUP 3: Dinkey locomotive or motorperson (up to and including 10 tons) GROUP 4: Bit sharpener; Equipment greaser (grease truck); Slip form pump operator (power- driven hydraulic lifting device for concrete forms); Tugger hoist operator (1 drum); Tunnel locomotive operator (over 10 and up to and including 30 tons) GROUP 5: Backhoe operator (up to and including 3/4 yd.); Small Ford, Case or similar; Drill doctor; Grouting machine operator; Heading shield operator; Heavy -duty repairperson; Loader operator (Athey, Euclid, Sierra and similar types); Mucking machine operator (1/4 yd., rubber - tired, rail or track type); Pneumatic concrete placing machine operator (Hackley- Presswell or similar type); Pneumatic heading shield (tunnel); Pumperete gun operator; Tractor compressor drill combination operator; Tugger hoist operator (2 drum); Tunnel locomotive operator (over 30 tons) GROUP 6: Heavy Duty Repairman httn: / /www.wdol.2ov/ wdol/ scafiles /davisbacon/CA35.dvb ?v=7 07/31/2013 Page 13 of 25 GROUP 7: Tunnel mole boring machine operator ENGINEERS ZONES $1.00 additional per hour for all of IMPERIAL County and the portions of KERN, RIVERSIDE & SAN BERNARDINO Counties as defined below: That area within the following Boundary: Begin in San Bernardino County, approximately 3 miles NE of the intersection of I -15 and the California State line at that point which is the NW corner of Section 1, T17N,m R14E, San Bernardino Meridian. Continue W in a straight line to that point which is the SW corner of the northwest quarter of Section 6, T27S, R42E, Mt. Diablo Meridian. Continue North to the intersection with the Inyo County Boundary at that point which is the NE corner of the western half of the northern quarter of Section 6, T25S, R42E, MUM. Continue W along the Inyo and San Bernardino County boundary until the intersection with Kern County, as that point which is the SE corner of Section 34, T24S, R40E, MDM. Continue W along the Inyo and Kern County boundary until the intersection with Tulare County, at that point which is the SW corner of the BE quarter of Section 32, T24S, R37E, MDM. Continue W along the Kern and Tulare County boundary, until that point which is the NW corner of T25S, R32E, MDM. Continue S following R32E lines to the NW corner of T31S, R32E, MDM. Continue W to the NW corner of T31S, R31E, MDM. Continue S to the SW corner of T32S, R31E, MDM. Continue W to SW corner of SE quarter of Section 34, T32S, R30E, MDM. Continue S to SW corner of T11N, R17W, SBM. Continue E along south boundary of T11N, SBM to SW corner of T11N, R7W, SBM. Continue S to SW corner of T9N, R7W, SBM. Continue E along south boundary of T9N, SBM to SW corner of T9N, RlE, SBM. Continue S along west boundary of RlE, SMB to Riverside County line at the SW corner of T1S, RlE, SBM. Continue E along south boundary of Tls, SBM (Riverside County Line) to SW corner of T1S, RIOE, SBM. Continue S along west boundary of R10E, SBM to Imperial County line at the SW corner of T8S, 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 San Diego Counties, along the west edge of R9E, SBM to the south boundary of Imperial County /California state line. Follow the California state line west to Arizona state line, then north to Nevada state line, then continuing NW back to start at the point which is the NW corner of Section 1, T17N, R14E, SBM $1.00 additional per hour for portions of SAN LUIS OBISPO, KERN, SANTA BARBARA & VENTURA as defined below: That area within the following Boundary: Begin approximately 5 miles north of the community of Cholame, on the Monterey County and San Luis Obispo County boundary at the NW corner of T25S, R16E, Mt. Diablo Meridian. Continue south along the west side of R16E to the SW corner of T30S, R16E, MDM. Continue E to SW corner of T30S, R17E, MDM. Continue S to SW corner of T31S, R17E, MDM. Continue E to SW corner of T31S, R18E, MDM. Continue S along West side of R18E, MDM as it crosses into San Bernardino Meridian numbering area and becomes R30W. Follow the west side of R30W, SBM to the SW corner of T9N, R30W, SBM. Continue E along the south edge of T9N, SBM to the Santa http: / /www.wdol.gov /wdol/ scafiles /davisbacon/CA35.dvb ?v=7 07/31/2013 Page 14 of 25 Barbara County and Ventura County boundary at that point whch is the SW corner of Section 34.T9N, R24W, SBM, continue S along the Ventura County line to that point which is the SW corner of the SE quarter of Section 32, T7N, R24W, SBM. Continue E along the south edge of T7N, SBM to the SE corner to T7N, R21W, SBM. Continue N along East side of R21W, SBM to Ventura County and Kern County boundary at the NE corner of T8N, R21W. Continue W along the Ventura County and Kern County boundary to the SE corner of T9N, R21W. Continue North along the East edge of R21W, SBM to the NE corner of T12N, R21W, SBM. Continue West along the north edge of T12N, SBM to the SE corner of T32S, R21E, MDM. [T12N SBM is a think strip between T11N SBM and T32S MDM]. Continue North along the East side of R21E, MDM to the Kings County and Kern County border at the NE corner of T25S, R21E, MDM, continue West along the Kings County and Kern County Boundary until the intersection of San Luis Obispo County. Continue west along the Kings County and San Luis Obispo County boundary until the intersection with Monterey County. Continue West along the Monterey County and San Luis Obispo County boundary to the beginning point at the NW corner of T25S, R16E, MDM. $2.00 additional per hour for INYO and MONO Counties and the Northern portion of SAN BERNARDINO County as defined below: That area within the following Boundary: Begin at the intersection of the northern boundary of Mono County and the California state line at the point which is the center of Section 17, TION, R22E, Mt. Diablo Meridian. Continue S then SE along the entire western boundary of Mono County, until it reaches Inyo County at the point which is the NE corner of the Western half of the NW quarter of Section 2, T8S, R29E, MDM. Continue SSE along the entire western boundary of Inyo County, until the intersection with Kern County at the point which is the SW corner of the SE 1/4 of Section 32, T24S, R37E, MDM. Continue E along the Inyo and Kern County boundary until the intersection with San Bernardino County at that point which is the SE corner of section 34, T24S, R40E, MDM. Continue E along the Inyo and San Bernardino County boundary until the point which is the NE corner of the Western half of the NW quarter of Section 6, T25S, R42E, MDM. Continue S to that point which is the SW corner of the NW quarter of Section 6, T27S, R42E, MDM. Continue E in a straight line to the California and Nevada state border at the point which is the NW corner of Section 1, T17N, R14E, San Bernardino Meridian. Then continue NW along the state line to the starting point, which is the center of Section 18, T10N, R22E, MDM. REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE ----------------------------------------------- ENGIO012 -004 08/01/2012 Rates Fringes OPERATOR: Power Equipment (DREDGING) (1) Leverman ................$ 45.40 20.00 (2) Dredge dozer ............ $ 40.93 20.00 (3) Deckmate ................$ 40.82 20.00 httn:// www. wdol. eov/ wdol/ scafiles /davisbacon/CA35.dvb ?v=7 07/31/2013 (4) Winch operator (stern winch on dredge) ............ $ 40.27 20.00 (5) Fireman - Oiler, Deckhand, Bargeman, Leveehand ...................$ 39.73 20.00 (6) Barge Mate ..............$ 40.34 20.00 --------------------------------------------------------------- IRON0377 -002 01/01/2013 Rates Fringes Ironworkers: Fence Erector ...............$ 26.58 16.74 Ornamental, Reinforcing and Structural ..............$ 33.00 25.30 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 - Seeley, Vandenberg AFB $4.00 additional per hour at the following locations: Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center $2.00 additional per hour at the following locations: Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock --------------------------------------- * LABO0300 -001 07/01/2012 Rates Brick Tender .....................$ 27.17 ------------------------------------------ * LABO0345 -001 07/01/2013 Rates LABORER (GUNITE) GROUP I .....................$ 33.04 GROUP 2 .....................$ 32.09 GROUP 3 .....................$ 28.55 LABORER (TUNNEL) GROUP 1 .....................$ 34.84 GROUP 2 .....................$ 35.16 GROUP 3 .....................$ 35.62 GROUP 4 .....................$ 36.31 LABORER GROUP 1 .....................$ 28.99 GROUP 2 .....................$ 29.54 GROUP 3 .....................$ 30.09 Fringes 15.78 Fringes 17.86 17.86 17.86 16.02 16.02 16.02 16.02 16.02 16.02 16.02 Page 15 of 25 http:// www. wdol. gov/ wdol/ scafiles /davisbacon/CA35.dvb ?v=7 07/31 /9011 Page 16 of 25 GROUP 4 .....................$ 31.64 16.02 GROUP 5 .....................$ 31.99 16.02 FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a Bosn'n's Chair or suspended from a rope or cable shall receive 40 cents per hour above the foregoing applicable classification rates. Workers doing gunite and /or shotcrete work in a tunnel shall receive 35 cents per hour above the foregoing applicable classification rates, paid on a portal -to- portal basis. Any work performed on, in or above any smoke stack, silo, storage elevator or similar type of structure, when such structure is in excess of 75' -0" above base level and which work must be performed in whole or in part more than 75' -0" above base level, that work performed above the 75' -0" level shall be compensated for at 35 cents per hour above the applicable classification wage rate. LABORER CLASSIFICATIONS GROUP 1: Cleaning and handling of panel forms; Concrete screeding for rough strike -off; Concrete, water curing; Demolition laborer, the cleaning of brick if performed by a worker performing any other phase of demolition work, and the cleaning of lumber; Fire watcher, limber, brush loader, piler and debris handler; Flag person; Gas, oil and /or water pipeline laborer; Laborer, asphalt- rubber material loader; Laborer, general or construction; Laborer, general clean -up; Laborer, landscaping; Laborer, jetting; Laborer, temporary water and air lines; Material hose operator (walls, slabs, floors and decks); Plugging, filling of shee bolt holes; Dry packing of concrete; Railroad maintenance, repair track person and road beds; Streetcar and railroad construction track laborers; Rigging and signaling; Scaler; Slip form raiser; Tar and mortar; Tool crib or tool house laborer; Traffic control by any method; Window cleaner; Wire mesh pulling - all concrete pouring operations GROUP 2: Asphalt shoveler; Cement dumper (on 1 yd. or larger mixer and handling bulk cement); Cesspool digger and installer; Chucktender; Chute handler, pouring concrete, the handling of the chute from readymix trucks, such as walls, slabs, decks, floors, foundation, footings, curbs, gutters and sidewalks; Concrete curer, impervious membrane and form oiler; Cutting torch operator (demolition); Fine grader, highways and street paving, airport, runways and similar type heavy construction; Gas, oil and /or water pipeline wrapper - pot tender and form person; Guinea chaser; Headerboard person - asphalt; Laborer, packing rod steel and pans; Membrane vapor barrier installer; Power broom sweeper (small); Riprap stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Sandblaster (pot tender); Septic tank digger and installer(lead); Tank scaler and cleaner; Tree climber, faller, chain saw operator, Pittsburgh chipper and similar type brush shredder; Underground laborer, including caisson bellower GROUP 3: Buggymobile person; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2 -1/2 ft. drill steel or longer; Dri- pak -it machine; Gas, oil and /or water pipeline wrapper, 6 -in. pipe and over, by any method, inside and out; High scaler (including drilling of same); Hydro seeder httn• / /www.wdnl. onv/ wdnl/ scafiles /davisbacon/CA35.dvb?v =7 07/31/2013 Page 17 of 25 and similar type; Impact wrench multi- plate; Kettle person, pot person and workers applying asphalt, lay -kold, creosote, lime caustic and similar type materials ( "applying" means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing); Operator of pneumatic, gas, electric tools, vibrating machine, pavement breaker, air blasting, come - alongs, and similar mechanical tools not separately classified herein; Pipelayer's backup person, coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; Rock clinger; Rotary scarifier or multiple head concrete chipping scarifier; Steel headerboard and guideline setter; Tamper, Barko, Wacker and similar type; Trenching machine, hand - propelled GROUP 4: Asphalt raker, lute person, ironer, asphalt dump person, and asphalt spreader boxes (all types); Concrete core cutter (walls, floors or ceilings), grinder or sander; Concrete saw person, cutting walls or flat work, scoring old or new concrete; Cribber, shorer, lagging, sheeting and trench bracing, hand - guided lagging hammer; Head rock Slinger; Laborer, asphalt- rubber distributor boot person; Laser beam in connection with laborers' work; Oversize concrete vibrator operator, 70 lbs. and over; Pipelayer performing all services in the laying and installation of pipe from the point of receiving pipe in the ditch until completion of operation, including any and all forms of tubular material, whether pipe, metallic or non - metallic, conduit and any other stationary type of tubular device used for the conveying of any substance or element, whether water, sewage, solid gas, air, or other product whatsoever and without regard to the nature of material from which the tubular material is fabricated; No -joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster (nozzle person), water blasting, Porte Shot -Blast GROUP 5: Blaster powder, all work of loading holes, placing and blasting of all powder and explosives of whatever type, regardless of method used for such loading and placing; Driller: All power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all other types of mechanical drills without regard to the form of motive power; Toxic waste removal TUNNEL LABORER CLASSIFICATIONS GROUP 1: Batch plant laborer; Bull gang mucker, track person; Changehouse person; Concrete crew, including rodder and spreader; Dump person; Dump person (outside); Swamper (brake person and switch person on tunnel work); Tunnel materials handling person GROUP 2: Chucktender, cabletender; Loading and unloading agitator cars; Nipper; Pot tender, using mastic or other materials (for example, but not by way of limitation, shotcrete, etc.); Vibrator person, jack hammer, pneumatic tools (except driller) GROUP 3: Blaster, driller, powder person; Chemical grout jet person; Cherry picker person; Grout gun person; Grout mixer person; Grout pump person; Jackleg miner; Jumbo person; http: / /www.wdol.gov /wdol/ scafiles /davisbacon/CA35.dvb ?v=7 07/31/2013 Page 18 of 25 Kemper and other pneumatic concrete placer operator; Miner, tunnel (hand or machine); Nozzle person; Operating of troweling and /or grouting machines; Powder person (primer house); Primer person; Sandblaster; Shotcrete person; Steel form raiser and setter; Timber person, retimber person, wood or steel; Tunnel Concrete finisher GROUP 4: Diamond driller; Sandblaster; Shaft and raise work GUNITE LABORER CLASSIFICATIONS GROUP 1: Rodmen, Nozzlemen GROUP 2: Gunmen GROUP 3: Reboundmen --------------------------------------------------- LAB00882 -002 01/01/2010 Rates Fringes Asbestos Removal Laborer ......... $ 26.15 11.65 SCOPE OF WORK: Includes site mobilization, initial site cleanup, site preparation, removal of asbestos - containing material and toxic waste, encapsulation, enclosure and disposal of asbestos- containing materials and toxic waste by hand or with equipment or machinery; scaffolding, fabrication of temporary wooden barriers and assembly of decontamination stations. --------------------------- LABO1184 -001 07/01/2013 Rates Fringes Laborers: (HORIZONTAL DIRECTIONAL DRILLING) (1) Drilling Crew Laborer ... $ 30.11 11.83 (2) Vehicle Operator /Hauler.$ 30.28 11.83 (3) Horizontal Directional Drill Operator ..............$ 32.13 11.83 (4) Electronic Tracking Locator .....................$ 34.13 11.83 Laborers: (STRIPING /SLURRY SEAL) GROUP 1 .....................$ 29.96 14.38 GROUP 2 .....................$ 31.26 14.38 GROUP 3 .....................$ 33.27 14.38 GROUP 4 .....................$ 35.01 14.38 LABORERS - STRIPING CLASSIFICATIONS GROUP 1: Protective coating, pavement sealing, including repair and filling of cracks by any method on any surface in parking lots, game courts and playgrounds; carstops; operation of all related machinery and equipment; equipment repair technician GROUP 2: Traffic surface abrasive blaster; pot tender - httn• / /www_wdnl.cinv/ wdol/ scafiles /davisbacon/CA35.dvb ?v=7 07/31/2013 Page 19 of 25 removal of all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc.) and preparation of surface for coatings. Traffic control person: controlling and directing traffic through both conventional and moving lane closures; operation of all related machinery and equipment GROUP 3: Traffic delineating device applicator: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating devices including traffic control. This category includes all traffic related surface preparation (sandblasting, waterblasting, grinding) as part of the application process. Traffic protective delineating system installer: removes, relocates, installs, permanently affixed roadside and parking delineation barricades, fencing, cable anchor, guard rail, reference signs, monument markers; operation of all related machinery and equipment; power broom sweeper GROUP 4: Striper: layout and application of traffic stripes and markings; hot thermo plastic; tape traffic stripes and markings, including traffic control; operation of all related machinery and equipment ------------------------------------------- * LABO1414 -001 08/01/2012 Rates LABORER PLASTER CLEAN -UP LABORER .... $ 26.65 PLASTER CLEAN-UP ............ $ 27.45 PLASTER TENDER ..............$ 30.00 --------------------------------------------- PAIN0036 -001 03/01/2013 Rates Painters: (Including Lead Abatement) (1) Repaint (excludes San Diego County) ...............$ 26.05 (2) All Other Work .......... $ 29.32 --------------- Fringes 15.95 15.98 15.98 --------------- Fringes 11.13 11.13 REPAINT of any previously painted structure. Exceptions: work involving the aerospace industry, breweries, commercial recreational facilities, hotels which operate commercial establishments as part of hotel service, and sports facilities. ---------------------------------------------------------------- PAIN0036 -008 01/01/2013 Rates Fringes DRYWALL FINISHER/TAPER ........... $ 33.22 14.81 ---------------------------------------------------------------- PAIN0036 -015 06/01/2012 Rates Fringes http:// www. wdol. gov/ wdol/ scafiles /davisbacon/CA35.dvb ?v=7 07/31/2013 Page 20 of 25 GLAZIER ..........................$ 38.95 19.83 FOOTNOTE: Additional $1.25 per hour for work in a condor, from the third (3rd) floor and up Additional $1.25 per hour for work on the outside of the building from a swing stage or any suspended contrivance, from the ground up ---------------------------------------------------------------- PAIN1247 -002 05/01/2012 Rates Fringes SOFT FLOOR LAYER .................$ 30.85 10.54 ---------------------------------------------------------------- PLAS0200 -009 08/01/2011 Rates Fringes PLASTERER ........................$ 35.29 12.05 ---------------------------------------------------------------- PLAS0500 -002 07/01/2013 Rates Fringes CEMENT MASON /CONCRETE FINISHER ... $ 30.85 21.00 ---------------------------------------------------------------- PLUM0016 -001 07/01/2012 PLUMBER Landscape /Irrigation Fitter.$ 27.35 17.09 Sewer & Storm Drain Work .... $ 31.00 16.01 ---------------------------------------------------------------- httn• / /www wdnl _ nnv/ wdnl/ scafiles /davisbacon/CA35.dvb ?v=7 07/31 /2013 Rates Fringes PLUMBER /PIPEFITTER Plumber and Pipefitter All other work except work on new additions and remodeling of bars, restaurant, stores and commercial buildings not to exceed 5,000 sq. ft. of floor space and work on strip malls, light commercial, tenant improvement and remodel work .......................$ 41.60 19.68 Work ONLY on new additions and remodeling of bars, restaurant, stores and commercial buildings not to exceed 5,000 sq. ft. of floor space .................$ 40.33 18.70 Work ONLY on strip malls, light commercial, tenant improvement and remodel work ........................$ 32.49 17.03 ---------------------------------------------------------------- PLUM0345 -001 07/01/2012 Rates Fringes PLUMBER Landscape /Irrigation Fitter.$ 27.35 17.09 Sewer & Storm Drain Work .... $ 31.00 16.01 ---------------------------------------------------------------- httn• / /www wdnl _ nnv/ wdnl/ scafiles /davisbacon/CA35.dvb ?v=7 07/31 /2013 Page 21 of 25 ROOF0036 -002 08/01/2012 Rates Fringes ROOFER ...........................$ 34.65 11.38 FOOTNOTE: Pitch premium: Work on which employees are exposed to pitch fumes or required to handle pitch, pitch base or pitch impregnated products, or any material containing coal tar pitch, the entire roofing crew shall receive $1.75 per hour "pitch premium" pay. ---------------------------------------------------------------- SFCA0669 -008 01/01/2013 DOES NOT INCLUDE SAN CLEMENTE ISLAND, THE CITY OF SANTA ANA, AND THAT PART OF ORANGE COUNTY WITHIN 25 MILES OF THE CITY LIMITS OF LOS ANGELES: Rates Fringes SPRINKLER FITTER .................$ 33.03 19.37 ---------------------------------------------------------- SFCA0709 -003 01/01/2013 SAN CLEMENTE ISLAND, THE CITY OF SANTA ANA, AND THAT PART OF ORANGE COUNTY WITHIN 25 MILES BEYOND THE CITY LIMITS OF LOS ANGELES: Rates Fringes SPRINKLER FITTER (Fire) .......... $ 40.41 23.77 ---------------------------------------------------------------- SHEE0105 -003 07/01/2012 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 http:// www. wdol. gov/ wdol/ scafiles /davisbacon/CA35.dvb ?v=7 07/31/2013 Rates Fringes SHEET METAL WORKER (1) Commercial - New Construction and Remodel work ........................$ 41.45 20.41 (2) Industrial work including air pollution control systems, noise abatement, hand rails, guard rails, excluding aritechtural sheet metal work, excluding A -C, heating, ventilating systems for human comfort ... --------------------------------------------------------- $ 35.75 26.41 TEAM0011 -002 07/01/2012 Rates Fringes http:// www. wdol. gov/ wdol/ scafiles /davisbacon/CA35.dvb ?v=7 07/31/2013 Page 22 of 25 TRUCK DRIVER GROUP 1 ....................$ 27.29 21.69 GROUP 2 ....................$ 27.44 21.69 GROUP 3 ....................$ 27.57 21.69 GROUP 4 ....................$ 27.76 21.69 GROUP 5 ....................$ 27.79 21.69 GROUP 6 ....................$ 27.82 21.69 GROUP 7 ....................$ 28.07 21.69 GROUP 8 ....................$ 28.32 21.69 GROUP 9 ....................$ 28.52 21.69 GROUP 10 ....................$ 28.82 21.69 GROUP 11 ....................$ 29.35 21.69 GROUP 12 ....................$ 29.75 21.69 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; Cement mason distribution truck; Fuel truck driver; Water truck - 2 axle; Dump truck, less than 16 yds. water level; Erosion control driver GROUP 4: Driver of transit mix truck, under 3 yds.; Dumperete truck, less than 6 -1/2 yds. water level GROUP 5: Water truck, 3 or more axles; Truck greaser and tire person ($0.50 additional for tire person); Pipeline and utility working truck driver, including winch truck and plastic fusion, limited to pipeline and utility work; Slurry truck driver GROUP 6: Transit mix truck, 3 yds. or more; Dumperete truck, 6 -1/2 yds. water level and over; Vehicle or combination of vehicles - 4 or more axles; Oil spreader truck; Dump truck, 16 yds. to 25 yds. water level GROUP 7: A Frame, Swedish crane or similar; Forklift driver; Ross carrier driver GROUP 8: Dump truck, 25 yds. to 49 yds. water level; Truck repair person; Water pull - single engine; Welder GROUP 9: Truck repair person /welder; Low bed driver, 9 axles or over GROUP 10: Dump truck - 50 yds. or more water level; Water pull - single engine with attachment httn:// www. wdol.e ov/ wdol/ scafiles /davisbacon/CA35.dvb ?v=7 07/31/2013 Page 23 of 25 GROUP 11: Water pull - twin engine; Water pull - twin engine with attachments; Winch truck driver - $1.25 additional when operating winch or similar special attachments GROUP 12: Boom Truck 17K and above ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ----------------------------------- ------------------- ---- - - - - -- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is union or non - union. Union Identifiers An identifier enclosed in dotted lines beginning with characters other than "SU" denotes that the union classification and rate have found to be prevailing for that classification. Example: PLUM0198 -005 07/01/2011. The first four letters , PLUM, indicate the international union and the four -digit number, 0198, that follows 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. The date, 07/01/2011, following these characters is the effective date of the most current negotiated rate /collective bargaining agreement which would be July 1, 2011 in the above example. Union prevailing wage rates will be updated to reflect any changes in the collective.bargaining agreements governing the rates. 0000/9999: weighted union wage rates will be published annually each January. Non -Union Identifiers Classifications listed under an "SU" identifier were derived from survey data by computing average rates and are not union rates; however, the data used in computing these rates may http:// www. wdol. gov/ wdol/ scafiles /davisbacon/CA35.dvb ?v=7 07/31/2013 Page 24 of 25 include both union and non -union data. Example: SULA2004 -007 5/13/2010. SU indicates the rates are not union majority rates, LA indicates the State of Louisiana; 2004 is the year of the survey; and 007 is an internal number used in producing the wage determination. A 1993 or later date, 5/13/2010, indicates the classifications and rates under that identifier were issued as a General Wage Determination on that date. Survey wage rates will remain in effect and will not change until a new survey is conducted. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: • an existing published wage determination • a survey underlying a wage determination • a Wage and Hour Division letter setting forth a position on a wage determination matter • a conformance (additional classification and rate) ruling on survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: httv:// www. wdol. gov/ wdol/ scafiles /davisbacon/CA35.dvb ?v=7 07/31/2013 Page 25 of 25 Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION http:// www. wdol. gov/ wdol/ scafiles /davisbacon/CA35.dvb ?v=7 07/31/2013 SECTION H COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SECTION 3 REQUIREMENTS City of Tustin Community Development Block Grant Program Section 3 Requirements The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1965, as amended, 12. U.S.C.1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance of HUD - assisted projects covered by Section 3, shall, to the greatest extent feasible be directed to low- and very low - income persons, particularly persons who are recipients of HUD assistance for housing. The following are attached to be reviewed and implemented by the Prime Contractor and Subcontractors: 1. Contractor Efforts 2. Definitions 3. Exhibit 1 — 4. Exhibit 2— 5. Exhibit 3— 6. Exhibit 4— 7. Exhibit 5— 8. Exhibit 6— 9. Exhibit 7— 10. Exhibit 8— 11. Exhibit 9— 12. Exhibit 10 — Section 3 Clause Contractor's Section 3 Affirmative Plan Notice of Section 3 Commitment Section 3 Employment Hiring List Estimated Project Work Force Breakdown Section 3 New Hire & Business Concern Calculation Form Section 3 Employment and Business Opportunity Notice Section 3 Resident Eligibility Certificate Section 3 Resident Business Concern Eligibility Certificate Section 3 Resident and Employment & Business Concern Accomplishment Report 13. Income Limits Contractor Efforts If total financial assistance for Section 3 covered projects cumulatively exceed $200,000 and contract and/or subcontract exceeds $100,000, the prime contractor and subcontractor will be responsible for implementation and compliance with Section 3 requirements. The following steps should be followed to comply with Section 3 requirements: 1. Prime contractor will attend a pre - construction conference held by Community Development (CDD) staff to review Section 3 requirements and compliance. 2. Prime contractor will ensure "Section 3 Clause" (Exhibit) is included in all project subcontracts. Section 3 Clause may be obtained from City of Tustin CDD staff. 3. Prime contractor and subcontractors will sign the "Contractor's Section 3 Affirmative Action Plan" (Exhibit 2), and submit executed original forms to CDD staff. 4. Prime contractor and subcontractors must complete the "Notice of Section 3 Commitment" form (Exhibit 3) and send copies of the notice to applicable labor unions, employment representatives, job training programs, etc. Copy of notice and a list of who received notice must be sent to the CDD staff. 5. CDD staff will provide the "Section 3 Employee Hiring List" (Exhibit 4) to prime contractor project manager. Contractor and subcontractors may use this list to contact Section 3 Residents and Business Concerns. 6. Prime contractor must provide CDD staff a copy of "Estimated Project Work Force Breakdown" (Exhibit 5). This form will assist CDD staff establishes the number of Section 3 new hire goals needed to comply with Section 3 requirements. 7. CDD staff will utilize data provided by Prime contractor and subcontractors and the "Section 3 New Hire & Business Concern Calculation Form" (Exhibit 6) to determine goals for the subject project(s). Prime contractor and subcontractor must submit signed form to the CDD staff. 8. Prime contractor must post and mail the "Section 3 Employment & Business Opportunity Notice" (Exhibit 7). Notice must be posted in a conspicuous place at the project site. Notice should also be posted/mailed to the following locations: • Labor Organization with collective bargaining agreement or other contractor understanding. • City Hall Public Notice Bulletin Board • Tustin based non - profit organizations engaged in job training programs • Other locations selected by the Contractor 9. All new hires wishing to be considered for Section 3 status must complete a "Section 3 Resident Eligibility Certificate" (Exhibit 8). Original certification must be provided to the CDD staff. 10. All businesses wishing to be considered for Section 3 Business Concern status must complete a "Section 3 Business Concern Eligibility Certificate" (Exhibit 9). Original certificate must be provided to CDD staff. 11. Upon completion of the construction project, the Prime contractor and all subcontractors must submit the "Section 3 Resident Employment & Business Concern Accomplishments Report" (Exhibit 10) to CDD staff. DEFINITIONS City — City of Tustin, California Employment Opportunities Generated by Section 3 Covered Assistance — All employment opportunities generated by the expenditure of Section 3 covered public and Indian housing assistance (i.e., operating assistance, development assistance and modernization assistance, as described in §1353(a)(1)). With respect to Section 3 covered housing and community development assistance, this term "means all employment opportunities arising in connection with Section 3 covered projects (as described in §135.3(a)(2)), including management and administrative jobs connected with the Section 3 covered project. Management and administrative jobs include architectural, engineering or related professional services required to prepare plans, drawings, specifications, or work write -ups; and jobs directly related to administrative support of these activities, e.g., construction manager, relocation specialist, payroll clerk, etc. CDBG — Community Development Block Grant CDD — Community Development Department of the City of Tustin Housing and Community Development Assistance — any financial assistance provided or otherwise made available through a HUD housing or community development program through any grant, loan, loan guarantee, cooperative agreement or contact, and includes Community Development Block Grant and loans guaranteed under Section 108 of the Housing and Community Development Act of 1974, as amended. Housing and community development assistance does not include financial assistance provided through a contract of insurance or guaranty. HUD — United States Department of Housing and Urban Development Low - Income Person — individual with a household income of 80% of median income and below, as determined by HUD, adjusted for family size. New Hire — any full -time employee for permanent, temporary or seasonal employment opportunities. Section 3 Business Concern — a business that certifies: 1. At least 51% owned by Section 3 residents; or 2. Employs at least 30% Section 3 residents in full -time positions (Section 3 residents must be current residents or within 3 years of the date of first employment with the business concern were Section 3 residents); or 3. Provides evidence of a commitment to subcontract in excess of 25% of the dollar award of all subcontracts to be awarded to business concerns that meet the qualification set forth in option I or 2 above. 4 Note: A Business Concern seeking to qualify for Section 3 contracting preference shall certify and submit evidence that the Business Concern is a Section 3 Business Concern. Section 3 Clause — Contract provisions set forth in Section 135.38 of 24 CFR Part 135. Section 3 Contractor — any party entering into a Section 3 covered contract with the City (e.g. contractor, developer, consultant, sub - contractor, etc.). Section 3 Covered Assistance — assistance provided under any HUD housing or Community Development program that is expended for work arising in connection with housing rehabilitation (include reduction and abatement of lead based paint hazards, but excluding routine maintenance, repair and replacement), housing construction, or other public construction project. Section 3 Covered Contract — a contract or subcontract (including professional service contract) awarded by a recipient or contractor for work generated by the expenditure of Section 3 covered assistance, or for work arising in connection with a Section 3 covered project. Contracts for the purchase of supplies and materials are not covered by Section 3 regulations unless contract for materials includes installation of materials. Section 3 Covered Project — a construction, reconstruction, conversion of rehabilitation of housing (including lead based paint hazard abatement), other public construction, including buildings or improvements (regardless of ownership) assisted with housing or community development assistance. Section 3 Recipient — any entity which receives Section 3 covered assistance directly from HUD or other recipient. The City of Tustin is subject to Section 3 only if total assistance for all Section 3 assisted construction projects exceed the threshold of $200,000. Section 3 Resident — A section 3 resident is: 1. A resident of public housing; or 2. A person who lives in the area in which Section 3 covered assistance is expended, and who is low- income (i.e. family income of 80% or less of the median income) or very low income (i.e. family income of 50% or less of the median income). See Attachment 13 for current income limits. Note: a person seeking training and employment preferences provided by Section 3 bears the responsibility ofproviding evidence that he /she is eligible for the preference. Section 3 Area (a.k a. Service Area) — the geographical area in which the project is located and persons benefiting from the Section 3 covered project reside. Very Low - Income Person — individual with a household income of 50% of median income and below, as determined by HUD, adjusted for family size. 5 1:�'i13tiilfil SECTION 3 CLAUSE A. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12, U.S.C. 170lu (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by certain HUD financial assistance shall, to the greatest extent feasible, and consistent with existing Federal, State and local laws and regulations, be directed to low- and very low- income persons, particularly those who are recipients of government assistance for housing, and to business concerns which provide economic opportunities to low- and very -low persons. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. As evidence by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of notices in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability or apprenticeship and training positions, the qualifications of each; and the name and location of person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. 2 F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connections with Section 3 covered Indian Housing assistance, section 7(b) of the Indian self - determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible, (i) preferences and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). The contractor /subcontractor provider by this signature affixed hereto declares under penalty of perjury: contractor /subcontractor has read the requirements of this section and accepts all its requirements contained therein for all of his/her operations related to this contract. Signature Print Name and Title Date 7 EXHIBIT 2 CONTRACTOR'S SECTION 3 AFFIRMATIVE ACTION PLAN Project Name and Number The undersigned contractor agrees to implement the following affirmative action steps directed at increasing the utilization of lower income residents and business concerns located within the City of Tustin, Orange County, CA. 1. Take affirmative action to ensure that employees and applicants for employment or training are not discriminated against because of race, color, religion, sex or national origin. 2. Sent a notice of contractor's Section 3 commitment to each labor organization or representative of workers, and post a copy of the notice at a conspicuous place available to employees and applicants for employment or training. 3. To the greatest extent feasible, make a good faith effort to recruit for employment or training lower income residents from the City of Tustin, and to award contracts to business concerns which are located in or owned in substantial part by persons residing in the City of Tustin through use of local advertising media, signs placed at the project site; and notification to community organizations and public or private institutions operating within or serving the project area such as Chamber of Commerce, labor unions, trade associations, etc. 4. Maintain a file of all low - income area residents who applied for employment or training either on their own or on referral from any source, and the action taken with respect to each area resident. 5. Maintain a file of all business concerns located in the City of Tustin who submitted a bid for work on the project and the action taken with respect to each bid. 6. Maintain records, including copies of correspondence, memoranda, etc. which document that affirmative action steps have been taken. 7. Incorporate the Section 3 Clause provisions in all subcontractors, and require subcontractors to submit a Section 3 Affirmative Action Plan. 8. List project work force needed for the project by occupation, trade, skill level, and number of positions on the attached for "Exhibit 5" Estimated Project Work Force Breakdown. Company Name Address Signature and Title Date NOTICE OF SECTION 3 COMMITMENT Project Name and Number TO: Name of Labor Union, Worker's Representative, etc. Address The undersigned currently holds a contract with the City of Tustin involving Community Development Block Grant, HOME Investment Partnership Act, or other funds from the U.S. Department of Housing and Urban Development, or a subcontract with a prime contract holding such contract. You are advised that under the provisions of the above contract or subcontract, and in accordance with Section 3 of the Housing and Urban Development Act of 1968, the undersigned is obligated, to the greatest extent feasible, to give opportunities for employment and training to lower income persons residing within the City of Tustin where the project is located, and to award contracts for work on the project to business concerns which are located in or are owned in substantial part by persons residing in the City. This notice is furnished to you pursuant to the provisions of the above contract or subcontract and Section 3 of the Housing and Urban Development Act of 1968. A copy of this notice will be posted by the undersigned in a conspicuous place available to employees or applicants for employment. Name of Contractor Address Signature and Title to Date EXHIBIT 4 SECTION 3 EMPLOYMENT HIRING LIST The City of Tustin has a list of contractors in various fields of potential employment to meet the Section 3 requirements of your contract. This list is available at the Community Development Department at Tustin City Hall, 300 Centennial Way, Tustin, California. You may also contact the following organizations for additional labor prospects: One Stop Career Center Santa Ana WORK Center The office is located at 1000 East Santa Ana Blvd., Suite 200, Santa Ana, CA 92701. Phone: (714) 565 -2600 Orange County One -Stop Center This office is located at 125 Technology Drive West, Suite 200, Irvine, CA 92618. Phone: (949) 341-8000. State Employment Development Department (State EDD) State EDD provides employment listings and services. It is located at 2450 E. Lincoln Avenue, Anaheim, CA 92806. Phone: (714) 518 -2315. 11 EXHIBIT 5 ESTIMATED PROJECT WORK FORCE BREAKDOWN Job Category jT�ecbnicians JEsTtim tal ated ions No. of Posi tions Currently Occupied by Permanent Em to ees No. of Positions Currentl Unoccup ed No. of Positions to be Filled by Lower Income Project Area Residents cers/Su ervi essional Housing/Sales/ Rental Mgt Office Clerical Service Workers Others TRADE: Journeyman Helpers Apprentices Trainees TRADE: Journeyman Hel ers _Apprentices Trainees TRADE: Journeyman Helpers _Apprentices Trainees TOTAL 12 EXHIBIT 6 SECTION 3 NEW HIRE & BUSINESS CONCERN CALCULATION FORM Project Name: Project Location: Contractor Name: Contractor Contact: Section 3 New Hire Goal: List Trades /Crafts No. of New Hires Total New Hires Total number of Section 3 Residents New Hires necessary to comply with contract: Multiply Total New Hires above by 0.30 = Business Concern Calculations Contract Amount: Section 3 Business Concerns Goal Building Trades (multiply contract amount by 0.10) Section 3 Business Concerns Goals Other Subject Contracts (multiply contract amount by 0.03) I hereby agree to provide employment andlor business concern opportunities in the above stated amounts, in connections with this Section 3 project. Authorized Contractor Representative Date 13 Title EXHIBIT 7 SECTION 3 EMPLOYMENT & BUSINESS OPPORTUNITY NOTICE Pursuant to Section 3 of the Housing and Urban Development Act of 1968, as amended, the City of Tustin is pleased to announce construction employment opportunities for low - income Tustin residents, and building construction contract and/or subcontract opportunities for qualified Section 3 Business Concerns located in Tustin, or employing low- income Tustin Residents. PROJECT(S) LOCATION: CONSTRUCTION TRADE EMPLOYMENT OPPORTUNITIES: No. and Type of Trades Needed Experience Required OTHER EMPLOYMENT OPPORTUNITIES: No. and.Type of Trades Needed Ex erience Re uired CONTRACT AND SUBCONTRACT OPPORTUNITIES: If your business is located in the City of Tustin, and/or you employ, or will employ, low - income individuals residing in or near the project area(s) above, you may qualify as a Section 3 Business Concern. Types of Construction Contract/Subcontract Opportunities: If you would like additional information regarding the construction trades, jobs, or business opportunities listed above, call (Contractor /Subcontractor) at (Contractor /Subcontractor's Tel. No.). For additional information on the City of Tustin's Section 3 Economic Opportunities Plan, please call (714) 573 -3174. 14 I, 1W4I SECTION 3 RESIDENT ELIGIBILITY CERTIFICATE am a resident at the following address: _ Tustin, CA. I hereby certify that my total family income for the previous 12 months is $ and the total number of persons in my household, including me, is Documentation is available to verify the above information. By this signature affixed hereto, I declare under penalty of perjury that the above information is correct. Signature of Section 3 Resident Print Name Received By 15 Date Date EXHIBIT 9 SECTION 3 BUSINESS CONCERN ELIGIBILITY CERTIFICATE Name of Business: Address of Business: Telephone No.: Type of Business: ❑ Corporation ❑ Partnership ❑ Sole Proprietorship ❑ Joint Venture Section 3 Business Concern Qualifying Basis: ❑ Permanent, full -time employees include at least 30% Section 3 low- income residents ❑ 51% or more owned by Section 3 residents ❑ Willing to provide evidence of a commitment to subcontract in excess of 25% of every dollar awarded of all subcontractors to be awarded to business concerns meeting one of the two definitions above. ❑ Do not wish to be qualified as a Section 3 business concern Ethnicity of Ownership (Please check one): ❑ White ❑ Black ❑ Native American ❑ Hispanic ❑ Asian/Pacific Islander ❑ Other (specify) How did you learn of this contract opportunity? ❑ Posted notice located at ❑ Referral by non -profit or church ❑ Read in publication ❑ Other By this signature affixed hereto, I declare under penalty of perjury that the above information is correct. Signature of Section 3 Business Owner .< Qualified By 16 Date Date EXHIBIT 10 SECTION 3 RESIDENT EMPLOYMENT & BUSINESS CONCERN ACCOMPLISHMENTS REPORT New Hires Need for Contract/Subcontract: Number of Section 3 New Hires for Contract/Subcontract: Name(s) of Section New Hires and nature of their employment (Attach additional information if necessary) Section 3 Resident Name Type of Employment (i.e., Skill/Trade) Total Contract Amount: Total Subcontract Amount: Total Section 3 Subcontracted Amount: Name of Person Completing this Form Title i 17 Date I