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HomeMy WebLinkAboutArea 4 - CDBG Curb Ramp Project - Full Spec DEPARTMENT OF PUBLIC WORKS CITY OF DIAMOND BAR CALIFORNIA CONTRACT DOCUMENTS AND SPECIFICATIONS FOR AREA 4 RESIDENTIAL NEIGHBORHOOD ADA CURB RAMP IMPROVEMENT PROJECT CDBG PROJECT NO. 602604-23 CIP PROJECT NO. SI24104 All Questions Regarding This Project Are to Be Directed To: Mr. Christian Malpica Associate Engineer City of Diamond Bar (909) 839-7042 Stan Liu, Mayor Chia Yu Teng, Mayor Pro Tem Andrew Chou, Council Member Ruth M. Lou, Council Member Steve Tye, Council Member Daniel Fox, City Manager March 2024 CITY OF DIAMOND BAR CONTRACT DOCUMENTS AND SPECIFICATIONS AREA 4 RESIDENTIAL NEIGHBORHOOD ADA CURB RAMP IMPROVEMENT PROJECT CDBG PROJECT NO. 602604-23 CIP PROJECT NO. SI24104 By: 04/10/2024 Jim Bui, P.E. C 86467 Date Exp: 03/31/2025 PREPARED BY: Nichols Consulting Engineers, Chtd. (NCE) 17050 Bushard Street, Suite 200 Fountain Valley, CA 92708 TELEPHONE: (714)848-8897 Proposals will be received online at https://www.planetbids.com/portal/portal.cfm?CompanyID=39500 until 3:00 PM on May 6, 2024 for the performance of the above described services. i TABLE OF CONTENTS ITEMS PAGES PART I - BIDDING AND CONTRACTUAL DOCUMENTS NOTICE INVITING SEALED BIDS 1 - 4 INFORMATION FOR BIDDERS 5 - 14 BIDDER’S PROPOSAL 15 - 16 BID SCHEDULE 17 - 19 LIST OF SUBCONTRACTORS 20 - 21 DECLARATION OF ELIGIBILITY TO CONTRACT 22 - 23 BIDDER'S VIOLATION OF LAW/SAFETY QUESTIONNAIRE 24 CONTRACTOR INDUSTRIAL SAFETY RECORD 25 AFFIDAVIT FOR CO-PARTNERSHIP FIRM 26 AFFIDAVIT FOR CORPORATION BIDDER 27 AFFIDAVIT FOR INDIVIDUAL BIDDER 28 AFFIDAVIT FOR JOINT VENTURE 29 FAITHFUL PERFORMANCE BOND 30 - 31 LABOR AND MATERIAL BOND 32 - 33 BID BOND 34 - 35 CERTIFICATE OF NON-DISCRIMINATION AND AFFIRMATIVE ACTION 36 CERTIFICATE WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS AND SUBCONTRACTS 37 NON-COLLUSION AFFIDAVIT 38 CONTRACT AGREEMENT 39-46 PART II - GENERAL PROVISIONS GP-1 – GP-16 ii TABLE OF CONTENTS (Continued) PART III- SPECIAL PROVISIONS SP-1 – SP-10 PART IV - TECHNICAL PROVISIONS TP-1 – TP-18 PART V – APPENDICES APPENDIX A FEDERAL/STATE CONTRACT COMPLIANCE DOCUMENTS APPENDIX B CURB RAMP PLANS APPENDIX C CONSTRUCTION & DEMOLITION (C&D) DEBRIS PLAN APPENDIX D PREVAILING WAGE RATES iii PART I BIDDING AND CONTRACTUAL DOCUMENTS 1 1293492.1 CITY OF DIAMOND BAR NOTICE INVITING SEALED BIDS FOR AREA 4 RESIDENTIAL NEIGHBORHOOD ADA CURB RAMP IMPROVEMENT PROJECT CDBG PROJECT NO. 602604-23 CIP PROJECT NO. SI24104 RECEIPT OF PROPOSALS: Proposals will be received online at http://at/ https://www.planetbids.com/portal/portal.cfm?CompanyID=39500 until 3:00 PM on May 6, 2024 for the furnishing of all labor and materials and equipment for the AREA 4 RESIDENTIAL NEIGHBORHOOD ADA CURB RAMP IMPROVEMENT PROJECT (CIP NO. SI24104, CDBG NO. 602604-23) and other incidental and appurtenant work. No proposal will be considered from a Contractor who is not licensed as either a Class A or C-8 Contractor at time of award in accordance with the provisions of the Contractor’s License Law (California Business and Professions Code, Section 7000 et seq.) and rules and regulations adopted pursuant thereto or to whom a proposal form has not been issued by the City of Diamond Bar. The proposals will be publicly opened and read virtually via GoTo Meeting at 3:00 PM on May 6, 2024. A link to the virtual bid opening will provided on PlanetBids™ and on the City website (https://www.diamondbarca.gov/712/RFP-RFQ-BID-Opportunities). DESCRIPTION OF WORK: The work to be performed or executed under these plans and specifications consists of and includes removal of existing sidewalk and curb & gutter and the construction of new PCC curb ramps with curb & gutter and a minimum 2’ HMA plug; and other incidental and appurtenant work necessary for the proper construction of the contemplated improvements, as indicated on the project plans for Area 4 Residential Neighborhood ADA Curb Ramp Project. COMPLETION OF WORK: All work shall be completed within thirty (30) working days after the Notice to Proceed is issued by the City. ENGINEER'S ESTIMATE: The Area 4 Residential Neighborhood ADA Curb Ramp Project is estimated to cost $80,800 for the Base Bid and $122,480 for the Add Alternate all in accordance with the provisions of the Plans, Specifications, Notices and Instructions to Bidders. OBTAINING CONTRACT DOCUMENTS: Plans and Specifications and all contract documents may be obtained at Planet Bids (https://www.planetbids.com/portal/portal.cfm?CompanyID=39500). PROPOSAL GUARANTEE: Each proposal must be accompanied by cash or by a cashier's or certified check or by a bid bond in the amount of ten percent (10%) of the bid price payable to the City of Diamond Bar as a guarantee that the bidder, if his proposal is accepted, will 2 1293492.1 promptly execute the contract, secure payment of Workmen's Compensation Insurance, furnish a satisfactory Faithful Performance Bond in the amount of one hundred percent (100%) of the total bid price, and a Labor and Material Bond in an amount not less than one hundred percent (100%) of the contract price. Said bonds to be secured from a surety company authorized to do business in the State of California, and subject to the approval of the City Attorney. MINIMUM QUALIFICATIONS OF BIDDERS: Prospective bidders should examine the minimum qualifications found in number 15 of the “Information for Bidders” section, pages 5 through 9. Bidders who do not meet the minimum qualifications should not submit a bid, as the bids will be considered nonresponsive. PREVAILING WAGE RATE: As required by the California Labor Code, Section 1770 et seq. the City Council of the City of Diamond Bar incorporates herein by reference the general prevailing rate of per diem wages as determined by the Director of Industrial Relations of the State of California. Copies of the prevailing rate of per diem wages are on file in the office of the City Clerk and will be made available to any interested party upon request. In accordance with the Labor Code, no workman employed upon work under this contract shall be paid less than the above referenced prevailing wage rate. A copy of said rates shall be posted at each job site during the course of construction. This project is funded in whole or in part with Community Development Block Grant (CDBG) funds provided by the U. S. Department of Housing and Urban Development (HUD). Federal Labor Standards Provisions, including prevailing wage requirements of the Davis-Bacon and Related Acts will be enforced. In the event of a conflict between Federal and State wages rates, the higher of the two will prevail. The State wage rates are available online at http://www.dir.ca.gov/DLSR/PWD/index.htm. Lower State wage rates for work classifications not specifically included in the Federal wage decision are not acceptable. The Contractor’s duty to pay State prevailing wages can be found under Labor Code Section 1770 et seq. and Labor Code Sections 1775 and 1777.7 outline the penalties for failure to pay prevailing wages and employ apprentices including forfeitures and debarment. CONTRACTOR shall forfeit, as penalty to CITY, not more than two hundred dollars ($200.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this AGREEMENT, by him or by any subcontractor under him. 3 1293492.1 Any classification omitted herein shall be paid not less than the prevailing wage scale as established for similar work in the particular area, and all overtime shall be paid at the prevailing rates as established for the particular area. Sunday and holiday time shall be paid at the wage rates determined by the Director of Industrial Relations. CONTRACTOR and any of its subcontractors must be registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5, which precludes the award of a contract for a public work on any public works project awarded after April 1, 2015. This Agreement is subject to compliance monitoring and enforcement by the Department of Industrial Relations. PAYMENT: Payment will be made to the Contractor in accordance with the Specifications. CONTRACTOR ELIGIBILITY VERIFICATION Prior to awarding a contract, the Contractor’s Eligibility will be verified as follows: 1) status with the California Department of Industrial Relations at http://www.cslb.ca.gov, https://efiling.dir.ca.gov, and 2) eligibility at http://www.dir.ca.gov/dlse/debar.html and excluded parties list at the federal System for Award Management (SAM) website https://www.sam.gov. PAYMENT: Payment will be made to the Contractor in accordance with the Specifications. RETENTION OF RECORDS RELEVANT TO AUDITS AND REVIEWS: The Contractor and subcontractors working in the City of Diamond Bar must retain records pertaining to said project for a minimum of five (5) years. Records to be retained include but are not limited to documents regarding payroll, change orders, field directives, as-built plans, etc. CITY'S RIGHTS RESERVED: The City of Diamond Bar reserves the right to reject any and all proposals or bids, should it deem this necessary for the public good, and also the bid of the bidder who has been delinquent or unfaithful in any former contract with the City of Diamond Bar. No bidder may withdraw his bid for a period of thirty (30) days after the date of the bid opening. 4 1293492.1 BID AWARD: Subject to the reservations noted above, the contract will be awarded to the lowest responsible bidder. CITY OF DIAMOND BAR, CALIFORNIA DATE: By: David G. Liu, P.E Public Works Director/City Engineer RMRA Measure M R Local Return Gas Tax eet Rehab.- Area 1a, 1b, 2 (Design) n) ntain Laurel) anyon to Lemon) to BCY) 82,779$ 82,779$ om Pathfinder to Mountain Laurel Way) (Const.)1,200,000$ 1,200,000$ eet Rehab - Area 1 (Const.)2,000,000$ 925,000$ 850,000$ 89,0 $ en Springs from Brea Canyon to Lemon Ave.) (Const.)900,000$ 500,000$ mp Project (Const.)177,855$ nt Projects 4,360,634$ 1,700,000$ 1,007,779$ 850,000$ 89,0 $ 250-5510-46412) Project Description Total FY Budget (109) Measure M (111) Gas Tax (112) Prop A (113) Prop C Sign and HSL Replacement (Design)50,000$ 50,000$ Sign and HSL Replacement (Construction)350,000$ 350,000$ al 11 Locations (Design and Construction)380,000$ 90,000$ 100,000$ 190,0 $ 780,000$ 350,000$ 140,000$ 100,000$ 190,0 $ ments (250-5510-46413) Project Description Total FY Budget (113) Prop C Foothill Transit Grant 60,000$ 60,000$ SD/Calbourne 40,000$ 40,000$ nfrastructure Improvements 100,000$ 60,000$ 40,000$ 0-5510-46420) Project Description Total FY Budget (107) Measure W (108) RMRA (109) Measure M (113) Prop C ovements-Phase 3 (Flapjack-Design)65,000$ 65,000$ 4/11/2024 5 1293492.1 INFORMATION FOR BIDDERS 1. PREPARATION OF BID FORM: The City invites bids on the form attached to be submitted at such time and place as is stated in the Notice Inviting Sealed Bids. All bids should be made in accordance with the provisions of the Standard Specifications for Public Works Construction, Latest Edition (with all supplements). All blanks on the bid form must be appropriately filled in. All bids shall be submitted in sealed envelopes bearing on the outside the name of the bidder, his address, and the name of the project for which the bid is submitted. It is the sole responsibility of the bidder to see that the bid is received in the proper time. Any bid received after the scheduled closing time for receipt of bids will be returned to the bidder unopened. 2. PROPOSAL GUARANTEE: Each proposal shall be accompanied by cash or by a cashier's or certified check or by a bid bond in the amount of not less than ten percent (10%) of the amount named in the proposal. Said check or bond shall be made payable to the City Clerk of the City of Diamond Bar and shall be given as a guarantee that the bidder, if awarded the work, will enter into a contract within ten (10) days after written notice of the award and will furnish the necessary bonds as hereinafter provided. In case of refusal or failure to enter said contract, the check or bond, as the case may be, shall be forfeited to the City. No bidder's bond will be accepted unless it conforms substantially to the form furnished by the City, which is bound herein, and is properly filled out and executed. 3. SIGNATURE: The bid must be signed in the name of the bidder and must bear the signature in longhand of the person or persons duly authorized to sign the bid on behalf of the bidder. 4. MODIFICATIONS: Changes in or addition to the bid form, recapitulations of the work bid upon, alternative proposals or any other modifications of the bid form which is not specifically called for in the contract documents may result in the Owner's rejection of the bid as not being responsive to the invitation to bid. No oral or telephonic modification of any bid submitted will be considered. The bid submitted must not contain any erasures, interlineation, or other corrections unless each such correction is suitably authenticated by affixing in the margin immediately opposite the correction the surname or surnames of the person or persons signing the bid. 5. DISCREPANCIES IN THE PROPOSALS: In case of discrepancy between words and figures, the words shall prevail. If the amounts bid on individual items (if called for) do not in fact add to the 6 1293492.1 total amount shown by the bidder, the correctly added total of the individual items shall prevail over the total figure shown. The estimated quantities and amounts are for the purpose of comparison of bids only. The City Council of the City of Diamond Bar reserves the right to reject any or all bids and to waive any irregularity or informality in any bid to the extent permitted by law. 6. BIDDER'S EXAMINATION OF SITE: Each bidder shall examine carefully the site of the proposed work and the contract documents therefore. It will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered as to the character, quality, and quantity of materials to be furnished, and as to the requirements of the contract, specifications and drawings. The name of the individual who examined the site of the work and the date of such examination shall be stated in the proposal. By submitting a bid, the bidder will be held to have personally examined the site and the drawings, to have carefully read the specifications, and to have satisfied himself as to his ability to meet all the difficulties attending the execution of the proposed contract before the delivery of his proposal, and agrees that if he is awarded the contract, he will make no claim against the City of Diamond Bar based on ignorance or misunderstanding of the contract provisions. 7. WITHDRAWAL OF BIDS: Any bidder may withdraw his bid either personally, by written request, or by telegraphic request confirmed in the manner specified above at any time prior to the scheduled closing time for receipt of bids. 8. INSURANCE AND BONDS: The Contractor shall not commence work under this contract until he has secured all insurance and bonds required under this section nor shall he allow any subcontractor to commence work on this subcontract until all similar insurance issued in compliance with this section shall be issued in the form, and be an insurer of the insurers, satisfactory to and first approved by the City in writing. Certificates of Insurance in the amounts required shall be furnished by the Contractor to the City prior to the commencement of work. The Contractor shall maintain adequate Workmen's Compensation Insurance under the laws of the State of California for all labor employed by him or by any subcontractor under him who may come within the protection of such Workmen's Compensation Insurance laws. 7 1293492.1 The Contractor shall maintain public liability insurance to protect said Contractor and the City against loss from liability imposed by law, for damages on account of bodily injury, including death resulting therefrom, suffered or alleged to have been suffered by any person or persons, other than employees, resulting directly or indirectly from the performance or execution of this contract or any subcontract thereunder, and also to protect said Contractor and the City against loss from liability imposed by law, for damage to any property. Damage insurance shall be maintained by the Contractor in full force and effect during the entire period of performance under this contract, in the amount of not less than $2,000,000 for one person injured in the accident and in the amount of not less than $2,000,000 for more than one person injured in one accident and in the amount of not less than $1,000,000 with respect to any property damage aforesaid. The Contractor shall secure with a responsible corporate surety, or corporate sureties, satisfactory bonds conditioned upon faithful performance by the Contractor of all requirements under the contract and upon the payment of claims of materials, men and laborers thereunder. The Faithful Performance Bond shall be in the sum of not less than one hundred percent (100%) of the estimated aggregate amount of the payment to be made under the contract computed on the basis of the prices stated in the proposal. The Labor and Material Bond shall be in the sum of not less than one hundred percent (100%) of the estimated aggregate amount of the payments to be made under the contract computed on the basis of the prices stated in the proposal. 9. INTERPRETATION OF PLANS AND DOCUMENTS: If any person contemplating submitting a bid for proposed contract is in doubt as to the true meaning of any part of the drawings, specifications, or other contract documents, or finds discrepancies in, or omissions from the drawings and specifications, he may submit to the City 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 contract documents will be made only by Addendum duly issued and a copy of such addendum will be mailed or delivered to each person receiving a set of the contract document. No person is authorized to make any oral interpretation of any provision in the contract documents to any bidder, and no bidder is authorized to rely on any such unauthorized oral interpretation. 10. DISQUALIFICATION OF BIDDERS: More than one proposal from an individual, firm partnership, corporation, or association under the same or different names, will not be considered. Reasonable 8 1293492.1 grounds for believing that any bidder is interested in more than one proposal for the work contemplated will cause the rejection of all proposals in which such bidder is interested. If there is reason for believing that collusion exists among the bidders, all bids will be rejected and none of the participants in such collusion will be considered in future proposals. No award will be made to any bidder who cannot give satisfactory assurance as to his ability to carry out the Contract, both from his financial rating and by reason of his previous experience as a Contractor on work of the nature contemplated in the Contract. The bidder may be required to submit his record of work of similar nature to that proposed under these specifications, and unfamiliarity with the type of work may be sufficient cause for rejection of the bid. 11. INELIGIBLE SUBCONTRACTORS: The successful bidder shall be prohibited from performing work on this project with a subcontractor who is ineligible to perform work on the project pursuant to Section 1777.1 or 1777.7 of the Labor Code. 12. AWARD OF CONTRACT: No proposal will be considered from a Contractor who is not licensed as a Class A or Class C-8 contractor at time of award in accordance with the provisions of the Contractor’s License Law (California Business and Professions Code, Section 7000 et seq.) and rules and regulations adopted pursuant thereto or to whom a proposal form has not been issued by the City of Diamond Bar. The City may award the Contract to the lowest responsible bidder on the total base bid. The Contract, if awarded, will be awarded to a responsible bidder whose proposal complies with the requirements of these specifications. The award, if made, will be made within ninety (90) calendar days after the opening of the proposals; provided that the award may be made after said period of the successful bidder shall not have given the City written notice of the withdrawal of his bid. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Public Contract Code §4104, or engage in the performance of any contract for public work, as defined in the Public Contract Code, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of Labor Code §1771.1 for an unregistered contractor to submit a bid that is authorized by Business and Professions Code § 7029.1 or by Public Contract Code §§ 10164 and 20103.5, provided the contractor is registered to perform public work pursuant to Labor Code § 1725.5 at the time the contract is awarded. 9 1293492.1 This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The prime contractor is required to post job site notices as prescribed by regulation pursuant to Labor Code § 1771.4 and all contractors must secure the payment of compensation to its employees pursuant to Labor Code § 3700. 13. ALTERNATES: If alternate bids are called for, the Contract may be awarded at the election of the governing board to the lowest responsible bidder on the basis of the base bid only. 14. COMPETENCY OF BIDDERS: In selecting the lowest responsible bidder, consideration will be given not only to the financial standing but also to the general competency of the bidder including qualifications, references, proper licensing, adequate workforce and experience for the performance of the work covered by the proposal. 15. QUALIFICATION OF BIDDERS: Each bidder shall be skilled and regularly engaged in the general class or type of work called for under the contract. A statement setting forth his/her experience shall be submitted by each bidder on the EXPERIENCE STATEMENT form provided. 10 1293492.1 EXPERIENCE STATEMENT To be responsive, the bidder must list below a minimum of three public agencies for which bidder has performed similar work within the past three years. Only projects in excess of $250,000 each qualify as similar for this project. 1. Project Title Contract Amount Type of Work Client Agency Project Manager Phone Date Completed % Subcontracted 2. Project Title Contract Amount Type of Work Client Agency Project Manager Phone Date Completed % Subcontracted 3. Project Title Contract Amount Type of Work Client Agency Project Manager Phone Date Completed % Subcontracted NOTE: If requested by the City, the bidder shall furnish a certified financial statement, references, and other information sufficiently comprehensive to permit an appraisal of his current financial condition. Bidder's Signature 11 1293492.1 Each bidder shall possess a valid Contractor's License issued by the Contractor's State License Board at the time his/her bid is submitted. The class of license shall be applicable to the work specified in the contract. Each bidder shall also have no less than three (3) years of experience in the magnitude and character of the work bid. Bidder Qualifications called for to be submitted at time of bid include, but are not necessarily limited to: 1. The Contractor shall have been in business under the same name and California Contractors License for a minimum of three (3) continuous years prior to the bid opening date for this Project. The license used to satisfy this requirement shall be of same type required by the contract. 2. License classification shall be as required by the contract specifications. 3. The Contractor shall have three (3) years of experience in the construction of ADA compliant curb ramps and CDBG work. 4. The Contractor shall perform at least 50% of contract with its own forces. 16. LISTING SUBCONTRACTORS: Each bidder shall submit a list of the proposed subcontractors on this project as required by the Subletting and Subcontracting Fair Practices Act (Government Code Section 4100 and following). Forms for this purpose are furnished with the contract documents. The name and location of business of any subcontractor who will perform work exceeding 1/2 of 1% of the prime contractor's total bid or ten thousand dollars ($10,000.00), whichever is greater, must be submitted with the bid. Any other information regarding the foregoing subcontractors that is required by City to be submitted may be submitted with the bid, or may be submitted to City up to 24 hours after the deadline established herein for receipt of bids. The additional information must be submitted by the bidder to the same address and in the same form applicable to the initial submission of bid. 17. WORKER'S COMPENSATION: In accordance with the provisions of Section 3700 of the Labor Code, the Contractor shall secure the payment of compensation to his employees. The Contractor shall sign and file with the City the following certificate prior to performing the work under this contract: "I am aware of the provisions of Section 3700 of the Labor Code which require 12 1293492.1 compensation or to undertake self insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." The form of such certificate is included as part of the contract documents. 18. BID DEPOSIT RETURN: Deposits of three or more low bidders, the number being at the discretion of the City, will be held for ninety (90) days or until posting by the successful bidder of the Bonds required and return of executed copies of the Agreement, whichever first occurs, at which time the deposits will be returned after consideration of the bids. 19. EXECUTION OF CONTRACT: The bidder to whom award is made shall execute a written contract with the City on the agreement form provided, and shall secure all insurance and bonds as herein provided within ten (10) days from the date of written notice of the award. Failure or refusal to enter into a contract as herein provided, or to conform to any of the stipulated requirements in connection therewith shall be just cause for the annulment of the award and the forfeiture of the proposal guarantee. If the successful bidder refuses or fails to execute the Contract, the City may award the Contract to the next lowest responsible bidder or re-advertise. On the failure or refusal of the lowest responsible bidder or next lowest responsible bidder to execute the Contract, such bidder's guarantees shall be likewise forfeited to the City. 20. "OR EQUAL": Pursuant to Division 5, Chapter 4, Article 4 (commencing at #4380) Government Code, all specifications shall be deemed to include the words "or equal", provided however that permissible exceptions hereto shall be specifically noted in the specifications. 21. EMPLOYMENT OF APPRENTICES: Attention is directed to Sections 1777.5, 1777.6 and 1777.7 of the California Labor Code and Title 8, California Administrative Code, Section 200 seq. to ensure compliance and complete understanding of the law regarding apprentices. The Contractor and any subcontractor under him shall comply with the requirements of said sections in the employment of apprentices; however, the Contractor shall have full responsibility for compliance with said Labor Code section, for all apprenticeable occupations, regardless of any other contractual or employment relationships alleged to exist. In addition to the above State Labor Code Requirements regarding the employment of apprentices and trainees, the Contractor and 13 1293492.1 all subcontractors shall comply with Section 5 a. 3, Title 29 of the Code of Federal Regulations (29CFR). 22. EVIDENCE OF RESPONSIBILITY: Upon the request of the City, a bidder whose bid is under consideration for the award of the Contract shall submit promptly to the City satisfactory evidence showing the bidder's financial resources, his construction experience, and his organization and plant facilities available for the performance of the contract. 23. WAGE RATES: The Contractor and/or subcontractor shall pay wages as indicated in the "Notice Inviting Sealed Bids" section of these specifications. The Contractor shall forfeit as penalty to the City of Diamond Bar, two hundred dollars ($200.00) for laborers, workmen, or mechanics employed for each calendar day, or portion thereof, if such laborer, workman or mechanic employed is paid less than the general prevailing rate of wages herein referred to and stipulated for any work done under the proposed contract, by him, or by any subcontractor under him, in violation of the provisions of Labor Code, and in particular, Sections 1770 to 1781 inclusive. Copies of all collective bargaining agreements relating to the work as set forth in the aforementioned Labor Code are on file with the Department of Industrial Relations, Division of Labor Statistics and Research. 24. PERMITS, FEES AND LICENSES: The Contractor shall possess a valid business license prior to the issuance of the first payment made under this Contract. Any work required within Caltrans right-of-way will require a separate permit to be obtained by the Contractor. 25. TIME OF COMPLETION AND LIQUIDATED DAMAGES: Bidder must agree to commence work on or before the date of written "Notice to Proceed" of the City and to fully complete the project within thirty (30) working days thereafter. Bidder must agree also to pay as liquidated damages, the sum of seven hundred and fifty dollars ($750.00) for each calendar day thereafter. 26. CLAIMS FILING AND PROCESSING: The City and Bidder agree to attempt to orally resolve any disputes which may give rise to a claim (hereafter, "Claim") that falls within the definition of Public Contract Code section 9204 (hereafter, "Section 9204"). If these efforts are unsuccessful, the City and Bidder shall process the Claim in accordance with Section 9204. In summary, if the Bidder decides to submit a Claim to the City, it shall be sent by registered or certified mail, return receipt requested, together with reasonable documentation to support the Claim. A Claim may include a Claim by a subcontractor or 14 1293492.1 a lower tier subcontractor meeting the requirements of Section 9204(d)(5). Within 45 days of receipt of the Claim, or any extension thereof agreed upon by the City and the Bidder, the City will conduct a reasonable review of the Claim and provide the Bidder with a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Payment of any undisputed portion of the Claim shall be made within 60 days after the City issues its written statement. If the City does not provide a written statement within the time specified, the Claim shall be deemed rejected. If the Bidder disputes the City's written statement or if the Claim is deemed rejected, the Bidder may demand in writing by registered or certified mail to the City, return receipt requested, an informal conference to meet and confer in an effort to settle the disputed portion of any Claim. Within 30 days of receipt of such written demand, the City shall schedule a meet and confer conference. If any portion of the Claim remains in dispute after the conference, the City shall, within 10 City business days of the conclusion of the conference, provide the Bidder with a written statement identifying any portion that remains in dispute and any portion that is undisputed. Payment of any undisputed portion shall be made within 60 days after the City issues its written statement. Any remaining disputed portion shall be submitted to nonbinding mediation in accordance with Section 9204(c)(2)(B), unless the Bidder and City waive the mediation upon mutual written agreement. 27. CONFLICT OF INTEREST: In the procurement of supplies, equipment, construction and services by sub-recipients, the conflict of interest provision including, but not limited to, 2 CFR part 200, Subpart B, 200.112, 24 CFR Part 570.611 and 24 CFR part 85, Section 85.36 (b), respectively, shall apply. No employee, officer or agent of the sub-recipient shall participate in selection or in award of administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. 15 1293492.1 BIDDER'S PROPOSAL CITY OF DIAMOND BAR AREA 4 RESIDENTIAL NEIGHBORHOOD ADA CURB RAMP IMPROVEMENT PROJECT CDBG PROJECT NO. 602604-23 CIP PROJECT NO. SI24104 Date , 20 To the City Council of the City of Diamond Bar: The Undersigned hereby declares: (a) That the only persons or parties interested in this proposal as principals are the following: (If the bidder is a corporation, give the name of the corporation and the name of its president, secretary, treasurer, and manager. If a co-partnership, give the name, under which the co-partnership does business, and the names and addresses of all co-partners. If an individual, state the name under which the contract is to be drawn.) (b) That this proposal is made without collusion with any person, firm or corporation. (c) That he has carefully examined the location of the proposed work and has familiarized himself with all of the physical and climatic conditions, and makes this bid solely upon his own knowledge. (d) That by submitting this Bidder's Proposal, he acknowledges receipt and knowledge of the contents of those communications sent by the City of Diamond Bar to him at the address furnished by him to the City of Diamond Bar when this proposal form was obtained. (e) That he has carefully examined the specifications, both general and detail, and the drawings attached hereto, and communications sent to him as aforesaid, and makes this proposal in accordance therewith. 16 1293492.1 (f) That, if this bid is accepted he will enter into a written contract for the performance of the proposed work with the City of Diamond Bar. (g) That he proposes to enter into such Contract and to accept in full payment for the work actually done thereunder the prices shown in the attached schedule. It is understood and agreed that the quantities set forth are estimates and that the unit prices will apply to the actual quantities whatever they may be. Accompanying this proposal is a certified or cashier's check or bidder's bond, payable to the order of the City of Diamond Bar in the sum of DOLLARS ($ ). Said bidder's bond has been duly executed by the undersigned bidder and by a financially sound surety company authorized to transact business in this state. It is understood and agreed that should the bidder fail within ten (10) days after award of contract to enter into the contract and furnish acceptable surety bonds, then the proceeds of said check, or bidder's bond, shall become the property of the City of Diamond Bar; but if this Contract is entered into and said bonds are furnished, or if the bid is not accepted then said check shall be returned to the undersigned, or the bidder will be released from the bidder's bond. Address of Bidder Telephone of Bidder City Zip Code Signature of Bidder 17 1293492.1 BID SCHEDULE CITY OF DIAMOND BAR CONTRACT DOCUMENTS AND SPECIFICATIONS AREA 4 RESIDENTIAL NEIGHBORHOOD ADA CURB RAMP IMPROVEMENT PROJECT CDBG PROJECT NO. 602604-23 CIP PROJECT NO. SI24104 BASE BID SCHEDULE ITEM NO. EST. QUANT. UNIT DESCRIPTION WRITTEN IN WORDS UNIT PRICE AMOUNT 1 1 LS CONSTRUCTION STAKING AND MONUMENT PRESERVATION. 2 6 EA REMOVE EXISTING IMPROVEMENTS AND CONSTRUCT CURB RAMP PER SPPWC STD. PLAN NO. 111-5, INCLUDING MOBILIZATION, TRAFFIC CONTROL, AND PUBLIC SAFETY. 3 95 SF REMOVE EXISTING CURB RAMP OR SIDEWALK AND CONSTRUCT CONCRETE SIDEWALK PER SPPWC STD PLAN 113-2 and 130-2. 4 1 LS THERMOPLASTIC TRAFFIC STRIPING, PAVEMENT MARKINGS, AND CURB MARKINGS. BASE BID SCHEDULE ITEMS: TOTAL AMOUNT (IN FIGURES)→ BASE BID SCHEDULE TOTAL AMOUNT (WRITTEN IN WORDS): ADD ALTERNATE SCHEDULE ITEM NO. EST. QUANT. UNIT DESCRIPTION WRITTEN IN WORDS UNIT PRICE AMOUNT AA-1 4 EA REMOVE EXISTING IMPROVEMENTS AND CONSTRUCT CURB RAMP PER SPPWC STD. 18 1293492.1 ITEM NO. EST. QUANT. UNIT DESCRIPTION WRITTEN IN WORDS UNIT PRICE AMOUNT PLAN NO. 111-5, INCLUDING MOBILIZATION, TRAFFIC CONTROL, AND PUBLIC SAFETY. AA-2 20 SF REMOVE EXISTING CURB RAMP OR SIDEWALK AND CONSTRUCT CONCRETE SIDEWALK PER SPPWC STD PLAN 113-2 and 130-2. AA-3 2,142 SF REMOVE EXISTING CROSS GUTTER AND RECONSTRUCT PER SPPWC STD. PLAN 122-3. ADD ALTERNATE SCHEDULE ITEMS: TOTAL AMOUNT (IN FIGURES)→ ADD ALTERNATE SCHEDULE TOTAL AMOUNT (WRITTEN IN WORDS): BASE BID + ADD ALTERNATE SCHEDULE ITEMS: TOTAL AMOUNT (IN FIGURES)→ BASE BID + ADD ALTERNATE SCHEDULE TOTAL AMOUNT (WRITTEN IN WORDS): Bid Schedule Note: Bid Price indicated refers to all items illustrated on the plans and details, and delineated within the specifications installed and completely in place with all applicable portions of the construction documents and include all costs connected with such items including, but to necessarily limited to, materials, transportation, taxes, insurance, labor, overhead, and profit, for General Contractor and Subcontractors. 19 1293492.1 All work called for on the construction documents are to provide a completed project with all systems operating properly and ready for use. The Contractor shall completely fill out the Bid Schedule including Base Bid and Add Alternate. Award of the project shall be determined based on the lowest responsible bidder. The lowest responsible bidder shall be calculated on the sum of “Base Bid” only. Accompanying this proposal is (Insert "$ cash", "cashier's check", "certified check", or "bidder's bond" as the case may be) in the amount equal to at least ten percent (10%) of the total bid. The undersigned further agrees that in case of default in executing the required contract, with necessary bond, within ten (10) days, not including Sundays and legal holidays, after having received notice that the Contract has been awarded and ready for signature, the proceeds of the security accompanying his bid shall become the property of the City of Diamond Bar, and this proposal and the acceptance thereof may be considered null and void. NAME OF BIDDER (PRINT) SIGNATURE DATE ADDRESS CITY ZIP CODE TELEPHONE STATE CONTRACTOR LICENSE NO. AND CLASSIFICATION I declare under penalty of Perjury of the laws of the State of California that the representations made herein are true and correct in accordance with the requirements of California Business and Professional Code Section 7028.15. CONTRACTOR SIGNATURE OR AUTHORIZED OFFICER 20 1293492.1 LIST OF SUBCONTRACTORS * BID OPENING DATE PROJECT PROJECT NO. LOCATION CLIENT CONTRACTOR Name Under Which Subcontractor is Licensed License No. Address of Office, Mail, or Shop Percent of Total Contract Specific Description of Subcontract * In compliance with the provisions of the Public Contract Code Section 4104, the undersigned bidder herewith sets forth the name, location of the place of business, and California contractor 21 1293492.1 license of each Subcontractor – who will perform work or labor or render service to the Prime Contractor, specially fabricates and installs a portion of the work or improvement necessary to complete construction contained in the plans and specifications, in an amount in excess of one-half (1/2) of one percent (1%) of the General Contractor’s total base bid amount or, in the case of bids or offers for the construction of streets or highways, including bridges in excess of one-half of 1 percent (0.5%)of the Prime Contractor’s total base bid or ten thousand ($10,000.00), whichever is greater, and the portion of the work which will be done by each Subcontractor. 22 1293492.1 DECLARATION OF ELIGIBILITY TO CONTRACT [Labor Code Section 1777.1; Public Contract Code Section 6109] The undersigned, a duly authorized representative of the contractor, certifies and declares that: 1. The contractor is aware of Sections 1777.1 and 1777.7 of the California Labor Code, which prohibit a contractor or subcontractor who has been found by the Labor Commissioner or the Director of Industrial Relations to be in violation of certain provisions of the Labor Code, from bidding on, being awarded, or performing work as a subcontractor on a public works project for specified periods of time. 2. The contractor is not ineligible to bid on, be awarded or perform work as a subcontractor on a public works project by virtue of the foregoing provisions of Sections 1777.1 or 1777.7 of the California Labor Code or another provision of law. 3. The contractor is aware of California Public Contract Code Section 6109, which states: (a) A public entity, as defined in Section 1100 [of the Public Contract Code], may not permit a contractor or subcontractor who is ineligible to bid or work on, or be awarded, a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code to bid on, be awarded, or perform work as a subcontractor on, a public works project. Every public works project shall contain a provision prohibiting a contractor from performing work on a public works project with a subcontractor who is ineligible to perform work on the public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code. (b) Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract, and any public money that may have been paid to a debarred subcontractor by a contractor on the project shall be returned to the awarding body. The contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the project. 4. The contractor has investigated the eligibility of each and every subcontractor the contractor intends to use on this public works 23 1293492.1 project, and determined that none of them is ineligible to perform work as a subcontractor on a public works project by virtue of the foregoing provisions of the Public Contract Code Sections 1777.1 or 1777.7 of the Labor Code, or any other provision of law. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of ________________, 202_, at ___________________ (place of execution). Signature Name: Title: Name of Contractor: _____________________________ 24 1293492.1 BIDDER'S VIOLATION OF LAW/SAFETY QUESTIONNAIRE In accordance with Government Code Section 14310.5 and in conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire: QUESTIONNAIRE Has the Bidder, any officer, principal or employee of the Bidder who has a proprietary interest in the business of the Bidder, ever been disqualified, removed, or otherwise prevented from bidding on or completing a federal, state or local government project because of violation of law or a safety regulation? YES NO If the answer is yes, explain the circumstances in the following space: STATEMENT In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than on final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two-year period because of the Contractor’s failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board. NOTE: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. 25 1293492.1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD Project Identification Bid Date This information must include all construction work undertaken in the State of California by the bidder and any partnership, joint venture or corporation that any principal of the bidder participated in as a principal or owner for the last three calendar years and the current calendar year prior to the date of bid submittal. Separate information shall be submitted for each particular partnership, joint venture, corporation or individual bidder. The bidder may attach any additional information or explanation of data, which he would like, taken into consideration in evaluating the safety record. An explanation must be attached of the circumstances surrounding any and all fatalities. ITEM 3 CALENDAR YEARS PRIOR TO CURRENT YEAR CURRENT YEAR 2021 2022 2023 TOTAL 2024 No. of Contracts Total dollar amount of contracts (in 1,000’s) No. of lost workday cases No. of lost work day cases involving permanent transfer to another job or termination of employment No. of lost workdays *The information required for this item is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary - Occupational Injuries and Illnesses, OSHA No. 102. The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of these records. ______________________________ ________________________________ Name of Bidder (Print Signature ______________________________ ________________________________ Address State Contractor’s Lic. No. & Class ______________________________ ________________________________ City Zip Code Telephone 26 1293492.1 AFFIDAVIT FOR CO-PARTNERSHIP FIRM STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) , being first duly sworn, deposes and says: That he is a member of the co-partnership firm designated as which is the party making the foregoing proposal or bid; that such bid is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any other bidder or person to put in a sham bid or that such other person shall refrain from bidding; and has not in any manner sought by collusion to secure any advantage against the City of Diamond Bar or any person interested in the proposed contract, for himself or for any other person. That he has been and is duly vested with authority to make and sign instruments for the co-partnership by who constitute the other members of the co-partnership. Signature Subscribed and sworn to before me this day of , 20 Signature of Officer Administering Oath (Notary Public) 27 1293492.1 AFFIDAVIT FOR CORPORATION BIDDER STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) , being first duly sworn, deposes and says: That he is of, a corporation which is the party making the foregoing proposal or bid; that such bid is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any other bidder or person to put in a sham bid or that such other person shall refrain from bidding; and has not in any manner sought by collusion to secure any advantage against the City of Diamond Bar or any person interested in the proposed contract, for himself or for any other person. Signature Subscribed and sworn to before me this day of , 20 Signature of Officer Administering Oath (Notary Public) 28 1293492.1 AFFIDAVIT FOR INDIVIDUAL BIDDER STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) , being first duly sworn, deposes and says: That he is the party making the foregoing proposal or bid; that such bid is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any other bidder or person to put in a sham bid or that such other person shall refrain from bidding; and has not in any manner sought by collusion to secure any advantage against the City of Diamond Bar or any person interested in the proposed contract, for himself or for any other person. Signature Subscribed and sworn to before me this day of , 20 Signature of Officer Administering Oath (Notary Public) 29 1293492.1 AFFIDAVIT FOR JOINT VENTURE STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) , being first duly sworn, deposes and says: That he of, one of the parties submitting the foregoing bid as a joint venture and that he has been and is duly vested with the authority to make and sign instruments for and on behalf of the parties making said bid who are: ; that such bid is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any other bidder or person to put in a sham bid or that such other person shall refrain from bidding; and has not in any manner sought by collusion to secure any advantage against the City of Diamond Bar or any person interested in the proposed contract, for himself or for any other person. Signature Subscribed and sworn to before me this day of , 20 Signature of Officer Administering Oath (Notary Public) BOND No.________________ 30 1293492.1 FAITHFUL PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that, WHEREAS the City of Diamond Bar ("City"), has awarded to (Name and address of Contractor) ("Principal"), a contract (the "Contract") for the work described as follows: WHEREAS, Principal is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract. NOW, THEREFORE, we, the undersigned Principal, and (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto City in the penal sum of Dollars ($______________), this amount being not less than the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her, or its, heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and covenants, conditions and agreements in the Contract and any alteration thereof made as therein provided, on the Principal's part to be kept and performed, all within the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and hold harmless City, its officers, agents, and others as therein provided, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. 31 1293492.1 In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court. FURTHER, the Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849. The City is the principal beneficiary of this bond and has rights of a party hereto. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated:__________________ "Principal" "Surety" ______________________________ _______________________________ ______________________________ _______________________________ By:___________________________ By:____________________________ Its Its By:___________________________ By:____________________________ Its Its Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in- fact must be attached. (Seal) (Seal) APPROVED AS TO SURETY AND PRINCIPAL AMOUNT By:___________________________ Insurance Administrator BOND No.________________ 32 1293492.1 PAYMENT BOND (LABOR AND MATERIAL) KNOW ALL PERSONS BY THESE PRESENTS that, WHEREAS the City of Diamond Bar ("City"), has awarded to (Name and address of Contractor) ("Principal"), a contract (the "Contract") for the work described as follows: WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law. NOW, THEREFORE, we, the undersigned Principal, and (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto City in the penal sum of Dollars($________________), this amount being not less than one hundred (100%) of the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors, or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor performed under the Contract, the Surety will pay for the same in an amount not exceeding the penal sum specified in this bond; otherwise, this obligation shall become null and void. This bond shall insure to the benefit of any of their persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In case suit is brought upon this bond, Surety further agrees to 33 1293492.1 pay all court costs and reasonable attorneys' fees in an amount fixed by the court. FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition, or modification to the terms of the Contract or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated "Principal" "Surety" ______________________________ _______________________________ ______________________________ _______________________________ By:___________________________ By:____________________________ Its Its By:___________________________ By:____________________________ Its Its Notary Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in- fact must be attached. (Seal) (Seal) APPROVED AS TO SURETY AND PRINCIPAL AMOUNT By:___________________________ Insurance Administrator BOND No._________________ 34 1293492.1 BID BOND KNOW ALL PERSONS BY THESE PRESENTS that, WHEREAS the City of Diamond Bar (“City”), has issued an invitation for bids for the work described as follows: AREA 4 RESIDENTIAL NEIGHBORHOOD ADA CURB RAMP IMPROVEMENT PROJECT CDBG PROJECT NO. 602604-23 CIP PROJECT NO. SI24104 WHEREAS (Name and address of Bidder) ("Principal"), desires to submit a bid to Public Agency for the work. WHEREAS, bidders are required under the provisions of the California Public Contract Code to furnish a form of bidder's security with their bid. NOW, THEREFORE, we, the undersigned Principal, and (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto Public Agency in the penal sum of Dollars($______________), being not less than ten percent (10%) of the total bid price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal is awarded a contract for the work by City and within the time and in the manner required by the bidding specifications, entered into the written form of contract included with bidding specifications, furnishes the required bonds, one to guarantee faithful performance and the other to guarantee payment for labor and materials, and furnishes the required insurance coverages, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. 35 1293492.1 In case suit is brought upon this bond, Surety further agrees to pay all court costs incurred by City in the suit and reasonable attorneys' fees in an amount fixed by the court. Surety hereby waives the provisions of California Civil Code § 2845. IN WITNESS WHEREOF, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: "Principal" "Surety" ______________________________ _______________________________ ______________________________ _______________________________ By:___________________________ By:____________________________ Its Its By:___________________________ By:____________________________ Its Its Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in- fact must be attached. (Seal) (Seal) 36 1293492.1 CERTIFICATION OF NON-DISCRIMINATION AND AFFIRMATIVE ACTION As suppliers of goods or services to the City of Diamond Bar, the firm listed below certifies that it does not discriminate in its employment with regards to race, religion, sex, or national origin; that it is in compliance with all federal, state, and local directives and executive orders regarding non-discrimination in employment; and that it will pursue an affirmative course of action as required by the affirmative action guidelines. We agree specifically: 1. To establish or observe employment policies which affirmatively promote opportunities for minority persons at all job levels. 2. To communicate this policy to all persons concerned including all company employees, outside recruiting services, especially those serving minority communities, and to the minority communities at large. 3. To take affirmative steps to hire minority employees within the company. FIRM TITLE OF OFFICER SIGNING SIGNATURE DATE Please include any additional information available regarding equal opportunity employment programs now in effect within your company: 37 1293492.1 CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS The bidder , proposed subcontractor , hereby certifies that he has , has not , participated in a previous contract or subcontract subject to the Equal Opportunity Clause, as required by Executive Orders 10925, 11114, or 11246, and that he has , has not , filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. (COMPANY) BY: (TITLE) DATE: , 20 . NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7 (b) (1), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the Equal Opportunity Clause. Contracts and subcontracts which are exempt from the Equal Opportunity Clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt). Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7 (b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period of such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. 38 1293492.1 NON-COLLUSION DECLARATION (TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID) The undersigned declares: I am the _____________________ of _________________, the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on __________________ [date], at __________________ [city], ______ [state]. _____________________________ _________________________________ Business Name Signature of Bidder (must be notarized) ________________________________ Business Address Attach Notary Acknowledgement Form to this form when submitting 39 1293492.1 Bidder Agrees to Execute Agreement In Substantially This Form AGREEMENT The following agreement ("AGREEMENT") is made and entered into, in duplicate, as of the date executed by the Mayor and attested to by the City Clerk, by and between ____________________ hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY." WHEREAS, pursuant to Notice Inviting Sealed Bids, bids were received, publicly opened, and declared on the date specified in the notice; and WHEREAS, CITY accepted the bid of CONTRACTOR __________________________ and; WHEREAS, CITY has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the AREA 4 RESIDENTIAL NEIGHBORHOOD ADA CURB RAMP IMPROVEMENT PROJECT (CIP NO. SI24104, CDBG NO. 602604-23) in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the AREA 4 RESIDENTIAL NEIGHBORHOOD ADA CURB RAMP IMPROVEMENT PROJECT (CIP NO. SI24104, CDBG NO. 602604-23) in the City of Diamond Bar. The work to be performed in accordance with the plans and specifications, dated March 2024 (The Plans and Specifications) on file in the office of the City Clerk and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Engineer. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The Plans and Specifications are incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The Plans and Specifications, CONTRACTOR'S Bid dated , together with this AGREEMENT, shall constitute the contract between the parties. This AGREEMENT is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this AGREEMENT, the following order of precedence shall apply: (1) This AGREEMENT; (2) The Plans and Specifications; and (3) Contractor's bid. 3. COMPENSATION: CONTRACTOR agrees to receive and accept the prices set forth in its Bid Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation in the amount of _____________ shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. Final payment 40 1293492.1 to Contractor shall be withheld for at least 30 days after the time in which Contractor has verified, to the City's satisfaction, that it has submitted all information to the Department of Industrial Relations required by Labor Code §1773.3. 4. TERM OF CONTRACT: CONTRACTOR agrees to complete the work within thirty (30) working days from the date of the notice to proceed. CONTRACTOR agrees further to the assessment of liquidated damages in the amount of seven hundred and fifty dollars ($750) for each calendar day the work remains incomplete beyond the expiration of the completion date. CITY may deduct the amount thereof from any monies due or that may become due the CONTRACTOR under this AGREEMENT. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 5. INSURANCE: CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to CITY nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the CITY a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the CITY a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the CONTRACTOR or any sub-contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) General Liability - $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this AGREEMENT or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile - $1,000,000 per accident for bodily injury and property damage. 41 1293492.1 3) Employer's Liability - $1,000,000 per accident for bodily injury or disease. c. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by CITY, which is authorized to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by CITY of a written notice of such cancellation or reduction of coverage." 5) Otherwise be in form satisfactory to the CITY. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insured in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to CITY. e. The CONTRACTOR shall, prior to performing any work under this AGREEMENT, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. f. Self Insured Retention/Deductibles. All policies required by this AGREEMENT shall allow CITY, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the Owner (as the named insured) should CONTRACTOR fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. CONTRACTOR understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this AGREEMENT. Failure by CONTRACTOR as primary insured to pay its SIR 42 1293492.1 or deductible constitutes a material breach of this AGREEMENT. Should CITY pay the SIR or deductible on CONTRACTOR’s behalf upon the CONTRACTOR’s failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, CITY may include such amounts as damages in any action against CONTRACTOR for breach of this AGREEMENT in addition to any other damages incurred by CITY due to the breach. 6. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, 21810 Copley Drive, Diamond Bar, California, and are available to any interested party on request. CITY also shall cause a copy of such determinations to be posted at the job site. CONTRACTOR shall forfeit, as penalty to CITY, not more than two hundred dollars ($200.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this AGREEMENT, by him or by any subcontractor under him. CONTRACTOR and any of its subcontractors must be registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5, which precludes the award of a contract for a public work on any public works project awarded after April 1, 2015. This Agreement is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 7. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. CONTRACTOR is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeship trade on such contracts and if other CONTRACTORS on the public works site are making such contributions. CONTRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 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 the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 8. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the CONTRACTOR and any sub-contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. 43 1293492.1 CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub- CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 9. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 10. CONTRACTOR'S LIABILITY: The CITY and its officers, agents and employees ("Indemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workers or employees of CONTRACTOR, of its subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. CONTRACTOR will indemnify Indemnities against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of CONTRACTOR, its agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part of CITY. In connection therewith: a. CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith. b. CONTRACTOR will promptly pay any judgment rendered against CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of CONTRACTOR hereunder, and CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. c. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. Contractor's obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of CITY under any provision of this AGREEMENT, Contractor shall not be required to indemnify and hold harmless CITY for liability attributable to the active negligence of CITY, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where CITY is shown to have been actively negligent and where CITY active negligence accounts for only a 44 1293492.1 percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of CITY. So much of the money due to CONTRACTOR under and by virtue of the contract as shall be considered necessary by CITY may be retained by CITY until disposition has been made of such actions or claims for damages as aforesaid. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California. This indemnity provision shall survive the termination of the AGREEMENT and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this AGREEMENT or any additional insured endorsements which may extend to Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the CONTRACTOR regardless of any prior, concurrent, or subsequent passive negligence by the Indemnitees. 11. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this AGREEMENT because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735. 12. PAYMENT FUND: A City Council resolution established a Project Payment Account, encumbered money in the current budget, and assigned that money to the Project Payment Account, which is the sole source of funds available for payment of the contract sum set forth in Section 3 of this AGREEMENT. CONTRACTOR understands and agrees that CONTRACTOR will be paid only from this special fund and if for any reason this fund is not sufficient to pay CONTRACTOR, CONTRACTOR will not be entitled to payment. The availability of money in this fund, and CITY's ability to draw from this fund, are conditions precedent to CITY's obligation to make payments to CONTRACTOR. 13. PRESENTATION OF CLAIMS: Any claim, as that term is defined in Public Contract Code §9204, shall be submitted in accordance with Section 9204 and shall contain a sufficient description of the claim, the basis therefore and documentation in support of the claim. The claim shall be processed as more fully set forth in the Plans and Specifications. 14. TERMINATION: This AGREEMENT may be terminated by the CITY, without cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of termination specified in the notice. Upon receipt of such notice, Contractor shall immediately cease work, unless otherwise directed by the Notice of Termination. In the event of such termination, Contractor shall be paid for services satisfactorily rendered and expenses reasonably and necessarily incurred prior to the effective date of termination, unless the Notice of Termination is issued for cause, in which event the City may withhold any disputed compensation. Contractor shall not be entitled to any claim for lost profits. 45 1293492.1 State of California "CONTRACTOR'S" License No. ________________________ CONTRACTOR'S Business Phone: CONTRACTOR'S emergency phone which can be reached at any time: IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT with all the formalities required by law on the respective dates set forth opposite their signatures. By: ______________________________________ Title: _________________________________ Date: By: Title: Date: CITY OF DIAMOND BAR, CALIFORNIA By: _____________________________________ DAN FOX, CITY MAYOR __________________________ Date ATTEST: By: _____________________________________ KRISTINA SANTANA, CITY CLERK __________________________ Date APPROVED AS TO FORM: _____________________________________ OMAR SANDOVAL, CITY ATTORNEY _____________________________ Date 46 1293492.1 *NOTE: If Contractor is a corporation, the City requires the following signature(s): -- The Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. GP - 1 12 PART II GENERAL PROVISIONS GP - 2 12 GENERAL PROVISIONS FOR AREA 4 RESIDENTIAL NEIGHBORHOOD ADA CURB RAMP IMPROVEMENT PROJECT CDBG PROJECT NO. 602604-23 CIP PROJECT NO. SI24104 1. GENERAL CONDITIONS All work shall be done in accordance with the Standard Specifications for Public Works Construction “Greenbook” (Latest Edition and all subsequent supplements), hereinafter referred to as Standard Specifications; the State of California Department of Transportation Standard Specifications (Latest Edition and all subsequent supplements), hereinafter referred to as Caltrans Standard Specifications; Plans, Standard Construction Drawings; and these Special Provisions. 2. MODIFICATIONS TO THE STANDARD SPECIFICATIONS Section 1. General. Section 1-7. Award and Execution of Contract is amended by the following: (a) Examination of Plans, Specifications, Special Provisions, and Site of Work: The bidder is required to examine carefully the site and the proposal, plans, specifications and contract forms for the work contemplated, and it will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered, including all installations and utilities, whether underground, surface or overhead, as to the character, quality and quantities of work to be performed and materials to be furnished, and as to the requirements of the specifications, the special provisions and the Contract. It is mutually agreed that submission of a proposal shall be considered prima facie evidence that the bidder has made such examination. (b) Proposal Form: All proposals must be made upon blank forms to be obtained from the City Clerk at City Hall, 21810 Copley Drive, Diamond Bar, California. All proposals must give the prices proposed, both in writing and figures, and must be signed by the bidder, and his address shown. If the proposal is made by an individual, his name and post office address must be shown. If made by a firm or partnership, the name GP - 3 12 and post office address of each member of the firm or partnership must be shown. If made by a corporation, the proposal must show the name of the state under the laws of which the corporation was chartered and the names, titles, and business addresses of the president, secretary, and treasurer. c) Rejection of Proposals Containing Alterations, Erasures or Irregularities: Proposals may be rejected if they show any alterations or form additions not called for, conditional or alternative proposals, incomplete proposals, erasures, or irregularities of any kind. d) Bidder's Guarantee: All proposals shall be presented under sealed cover and shall be accompanied by cash, cashier's check or certified check payable to, or bidder's bond in favor of the City of Diamond Bar in an amount of not less than ten percent (10%) of the amount named in said proposal, and no proposal shall be considered unless such cash, cashier's check, certified check or bidder's bond is enclosed therewith. e) Return of Bidder's Guarantees: Proposal guarantees will be held until the Contract has been finally executed, after which they will be returned to the respective bidders whose proposals they accompany. The Notice to Bidders, Proposal, bonds, Instructions to bidders, General Provisions and Detail Specifications, shall be deemed incorporated in the Contract by reference. A Corporation to which an award is made will be required, before the Contract is finally executed, to furnish evidence of its corporate existence and evidence that the officer signing the Contract and bonds for the corporation is duly authorized to do so. Section 3 – Control of the Work. Section 3-7. Contract Documents, is amended by the addition of the following: An addendum to these specifications may be issued by the City Engineer at any time prior to the bid opening. Section 3-10. Surveying Subsection 3-10.1. General. Replace the entire subsection and substitute the following: GP - 4 12 The Contractor shall provide surveying and construction staking required for the construction of this project. The Contractor shall submit to the City for approval, the qualifications of the Licensed Land Surveyor, prior to commencing the construction staking. All survey monuments, centerline ties and survey reference points shall be protected in place or reestablished where disturbed, in accordance with Section 8771 of the Professional Land Surveyor’s Act (Business & Professions Code Section 8700 et seq.), prior to Project acceptance. This work will be the responsibility of the Contractor and shall be at the Contractor’s sole cost and expense. All construction control surveying, including verification of the existing surfaces required to establish control of line and grade for the finish surface, shall be performed under the supervision of a Registered Civil Engineer or Licensed Land Surveyor at the expense of the Contractor. Survey stakes shall be set and stationed by the Contractor’s surveyor as follows: 1) Drains 50' intervals and change of alignment or grade 2) Water 40' intervals and change of alignment or grade 3) Sewer 40’ intervals and change of alignment or grade 4) Structures 4 corners with reference elevations 5) Rough Grade As required to achieve cut or fill to finished grade (or flow line) as indicated on a grade sheet (maximum interval of: 50' intervals, 50’ grid pattern, and change of alignment or grade) 6) Finish Grade As required to achieve cut or fill to finished grade (or flow line) as indicated on a grade sheet (maximum interval of: 25' intervals, 25’ grid pattern, and change of alignment or grade; as well as 15’ intervals and 15’ grid pattern for intersections and curb return areas) Offsets and locations shall be as agreed upon. The Contractor shall transfer grade hubs for construction as he may require. The Engineer shall have the right to verify the Contractor’s survey extensions, and if found deficient, the Contractor shall pay the costs thereof. Subsection 3-10.3 Line and Grade. Delete the entire subsection and substitute the following: All work, including finished surfaces, shall during its progress and upon completion conform to the lines, grades, cross-sections, GP - 5 12 elevations and dimensions shown on the Plans. All distances and measurements are given thereon and will be made in a horizontal plane. Three consecutive points shown on the same rate of slope must be used in common in order to detect any variation from a straight line. In the event any discrepancy exists, it must be reported to the City’s Representative. Failure to make this report shall make the Contractor responsible for any error in the finished work. Minor deviations from approved plans, whenever required by the exigencies of construction, shall be determined in all cases by the City’s Representative and authorized in writing. Subsection 3-10.3 Permanent Survey Markers. Add the following entire subsection: The Land Surveyors Act, Section 8771 of the Business and Professional Code, and Sections 732.5, 1492-5, and 1810-5 of the Streets and Highways Code require that survey monuments shall be protected and perpetuated. The Contractor shall be responsible prior to the start of construction for locating, referencing, and filing of Corner Records with the County Surveyor’s office for survey control points/ monuments that exist as shown on recorded Tract Maps, Parcel Maps, Records of Surveys and Highway Maps which are going to be affected or disturbed by the proposed construction. After the proposed completion of the proposed construction, said monuments and/or control survey points shall be reset to the new surface in accordance with current professional land surveying practices. Corner Records shall be filed with the County Surveyor, with a copy provided to the City, for all new monuments set. Section 3-12. Work Site Maintenance. Subsection 3-12.6.1 General is amended by the addition of the following: The contractor shall conform to the requirements of the National Pollutant Discharge Elimination System (NPDES) Permit for Construction Activities, NPDES No. CAS000002. Subsection 3-12.6.2 Best Management Practices (BMPs) is amended by the addition of the following: The Contractor shall protect by any means all construction related materials from being discharged from the site by the forces of wind or water. At a minimum the contractor and/or any subcontractors are GP - 6 12 required to place gravel bags and fabric around all storm drain inlets, and also place gravel bags around the job site, as directed by the City Engineer, to protect polluted water from running into the storm drain systems. Section 3-13. Completion, Acceptance, and Warranty. Subsection 3-13.1 Final Cleanup and Closeout is amended by the addition of the following: Upon completion of the work, and before acceptance and final payment is made by the City, the Contractor shall clean the project site and areas occupied by him in connection with the work. All rubbish, excess materials, falsework, temporary structures, and equipment shall be removed; and all parts of the work shall be left in a neat and presentable condition. Prior to final closeout, the Contractor shall submit the following: A. A complete file of operation and maintenance manuals for equipment and materials used in the work. Such file shall be bound in hardcover, three-ring binders and shall be labeled. B. Required written guarantees. C. Complete list of subcontractors and principal vendors engaged in the execution of the work, including addresses and telephone numbers. D. Complete and updated Storm Water Pollution Prevention Plan/Water Pollution Control Plan and Contractor certification that construction activities were in compliance with applicable National Pollutant Discharge Elimination System regulations. Full compensation for conforming to the requirements of this Section shall be considered as included in the contract bid price paid for the various items of work and no additional compensation will be allowed therefor. Subsection 3-13.2 Acceptance is amended by the addition of the following: The Contractor shall notify the Engineer a minimum of five working days in advance when a final inspection of the work is desired. If the Engineer agrees that the work is complete and ready for inspection, he will, as soon thereafter as possible, make the necessary examinations. No final acceptance of the work shall be GP - 7 12 allowed until all check (punch) list items to be rectified have been corrected and any subsequent final inspections have been performed. Section 4 – Control of Materials. Section 4-1. General, is amended by the following: The Contractor and all subcontractors, suppliers, and vendors, shall guarantee that the entire work will meet all requirements of this contract as to the quality of materials, equipment, and workmanship. The Contractor, at no cost to the AGENCY, shall make any repairs or replacements made necessary by defects in materials, equipment, or workmanship that become evident within 1 year after the date of acceptance of work. Within this 1-year period, the Contractor shall also restore to full compliance with requirements of this contract any portion of the work which is found to not meet those requirements. The Contractor shall hold the AGENCY harmless from claims of any kind arising from damages due to said defects or noncompliance. The Contractor shall make all repairs, replacements, and restorations within 30 days after the date of the Engineer's written notice. Section 4-4. Testing, is amended by the following: Except as elsewhere specified, the City will bear the cost of materials testing and independent acceptance testing. The cost of all other tests, including the retesting of materials and independent acceptance testing that fails to pass the first test, shall be borne by the Contractor. Section 4-9. Recycling of Material is hereby added to the Standard Specifications. 4-9.1 Recycling of Asphalt Concrete, Portland Cement Concrete. 4-9.2 Contractor’s Obligation. The Agency is committed to recycling program. It is the obligation of the contractor, under this contract, to recycle the waste material through an approved recycling plant. Records and report of waste material will be submitted to the City of Diamond Bar on a regular monthly basis. The construction and demolition requirements of the City of Diamond Bar has been provided in Appendix D for further information. GP - 8 12 Section 5. Legal Relations and Responsibilities. Section 5-3. Labor is amended by the addition of the following: Labor Discrimination. No discrimination shall be made in the employment of such persons upon public works because of the race, color, or religion of such persons and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Chapter 11 or Part VII, Division 2 of the Labor Code in accordance with the provisions of Section 1735 thereof. Subsection 5-4.1. Contractor's Responsibility for Work, is amended by the following: Reference is made to Section 3-13 of the Standard Specifications and these General Provisions. Except as provided above, until the formal acceptance of the work by the City Council, the Contractor shall have the charge and care thereof and shall bear the risk of injury or damage to any part thereof by the action of the elements or from any other case, whether arising from the execution or from the non- execution of the work. The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the work occasioned by any of the above causes before final acceptance and shall bear the expense thereof, except such injuries or damages occasioned by acts of the Federal Government or the public enemy. Subsection 5-7.7. Security and Protective Devices, is amended by the addition of the following: It is part of the service required of the Contractor to make whatever provisions are necessary to protect the public. The Contractor shall use foresight and shall take such steps and precautions as his operations warrant to protect the public from danger, loss of life or loss of property, which would result from interruption or contamination of the public water supply, interruption of other public service, or from the failure of partly completed work or partially removed facilities. Unusual conditions may arise on the work which will require that immediate and unusual provisions be made to protect the public from danger or loss, or damage to life and property, due directly or indirectly to prosecution of work under this contract. Whenever, in the opinion of the Engineer, an emergency exists against which the Contractor has not taken sufficient precaution for the public safety, protection of utilities and protection of adjacent structures or property which may be damaged by the Contractor's operations in the opinion of the Engineer, immediate action shall be considered necessary in order to protect the public or property GP - 9 12 due to the Contractor's operations under this contract, the Engineer will order the Contractor to provide a remedy for the unsafe condition. If the Contractor fails to act on the situation within a reasonable time period, the Engineer may provide suitable protection to said interests by causing such work to be done and material to be furnished as, in the opinion of the Engineer, may seem reasonable and necessary. The cost and expense of said labor and material, together with the cost and expense of such repairs as are deemed necessary, shall be borne by the Contractor. All expenses incurred by the AGENCY for emergency repairs will be deducted from the progress payments and the final payment due to the Contractor. However, if the AGENCY does not take such remedial measures, the Contractor is not relieved of the full responsibility for public safety. Section 6. Prosecution and Progress of the Work, is amended by the following: Subsection 6-1.3. Order of Work The order of work, except where otherwise specifically required by the Plans and Specifications, shall be determined by the Contractor who shall be solely responsible for coordinating all subcontract and prime contract work to minimize delays during construction. The Contractor shall schedule his work in order to be as least disruptive as possible to adjacent businesses and residents. Subsection 6-1.4. Work Hours and Sound Control. Daytime work hours shall be 7:30 a.m. to 4:30 p.m. Monday - Friday. The Contractor will be allowed to begin traffic control setup at 7:00 am, but no physical work shall begin before 7:30 am. The Contractor shall schedule their work to minimize impacts to all public schools at or near the project limits on residential and collector streets and shall schedule their work to be completed during the school’s off-session. The Contractor is advised that the following schools reside within the project limits: South Pointe Middle School, with their off-session between May 25th – August 14th, 2024. Saturday work hours, if permitted at least one week (7 Calendar Days) in advance by the City Engineer, shall be 8:30 a.m. to 3:30 p.m. GP - 10 12 The Contractor shall comply with all County and local sound control and noise level rules, regulations, and ordinances which apply to any work performed pursuant to the contract, and shall make every effort to control any undue noise resulting from the construction operation. Each internal combustion engine used for any purpose on the job or related to the job shall be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated on the project without said muffler. The Engineer reserves the right to stop work if he determines that these conditions are being violated. Section 7. Measurement and Payment. This section is modified by the addition of the following sections: Subsection 7-3, Payment is modified by the addition of the following paragraphs: Payment for the various items of the Bid Schedule, as further specified herein, shall include all compensation to be received by the Contractor for furnishing all tools, equipment, supplies, and manufactured articles, and for all labor, operations, and incidentals appurtenant to the items of work being described, as necessary to complete the various items of work, all in accordance with the provisions for Measurement and Payment in the Standard Specifications and these Special Provisions, and as shown on the Drawings, Exhibits, and spreadsheets including all appurtenances thereto, and including all costs of compliance with the regulations of public agencies having jurisdiction, including the Safety and Health Requirements of the California Division of Industrial Safety and the Occupational Safety and Health Administration of the U.S. Department of Labor (OSHA). No separate payment will be made for any item that is not specifically set forth in the Bid Schedule, and all costs therefore shall be included in the prices named in the Bid Schedule for the various appurtenant items of work. The Contractor agrees that the payment of the amount under the Contract, and the adjustment and payment for any work done in accordance with any alterations of the same, shall release the City of Diamond Bar, the City Council, the City Manager, and the City Engineer of any and all claims or liability on account of work performed under the Contract or any alterations thereof. GP - 11 12 Progress Payments. The Contractor shall be entitled each month to a monthly progress payment in an amount equal to ninety-five percent (95%) of the estimated percentage of actual work completed by the end of the preceding calendar month, based on the contract price less all previous payments. Subject to the provisions of Section 22300 of the Public Contract Code, a five percent (5%) retention will be withheld from each payment. All invoices and detailed pay requests shall be approved by the Engineer before submittal to the City for payment. All billings shall be directed to the Engineer. In all events, the City shall withhold no less than five percent (5%) of the contract price until final completion and acceptance of the work. This payment on account shall in no way be considered as an acceptance of any part of the work or material of the Contract, nor shall it in any way govern the final estimate. Acceptance of any progress payment accompanying any estimate without written protest shall be an acknowledgment by the Contractor that the number of accumulated contract days shown on the associated statement of working days is correct. Progress payments made by the City to the Contractor after the completion date of the Contract shall not constitute a waiver of liquidated damages. The Contractor shall submit with its invoice the Contractor's conditional waiver of lien for the entire amount covered by such invoice; valid unconditional waivers of lien from the Contractor and all subcontractors and material-men for all work and materials included in any prior invoices; Waivers of lien shall be in the forms prescribed by California Civil Code Section 3262. Prior to final payment by the City, the Contractor shall submit a final waiver of lien for the Contractor's work, together with releases of lien from any subcontractor or material-men. Final Payments. After the completion of the Contract, the City Engineer shall make a final inspection of the work done thereunder, and if entirely satisfactory and complete, the City shall pay to the Contractor an amount which, when added to the payments previously made and deductions allowable to the City, will equal ninety-five percent (95%) of the contract price. Thereafter the balance of the contract price remaining unpaid shall be paid thirty-five (35) calendar days after the recording of a Notice of Completion by the City. The payment of the final amount due under the Contract and the adjustment and payment for any work done in accordance with any alterations of the same shall release the City from any and all GP - 12 12 claims on account of the work performed under the Contract or any alterations thereof. Final payment to Contractor shall be withheld for at least 30 days after the time in which Contractor has verified, to the City's satisfaction, that it has submitted all information to the Department of Industrial Relations required by Labor Code §1773.3. Guarantee. The Contractor agrees for a period of one year, commencing with the Final Notice of Completion, to correct without additional charge to the City, any defects in the work performed, or in the materials furnished, by the Contractor and/or manufacturer, jointly. Quantities and Unit Prices. All pay items will be paid for at the unit prices named in the Bid Schedule for the respective items of work. The quantities of work or material stated as unit price items on the Bid Schedule are stated only to give an indication of the general scope of the work. The City does not expressly, nor by implication, agree that the actual amount of work or material will correspond therewith, and reserves the right after the award of Contract to increase or decrease the quantity of any unit price item of work, and shall have the right to delete any Bid Item in its entirety, or to add additional Bid Items. Section 402. Utilities. This section is modified by addition of the following subsections. Subsection 402-1. Location. This section is amended by the addition of the following: Utility Owner and Public Agency Identifications. Utility owners and Public Agencies who may have facilities or interests, which may affect the work, are as follows: Frontier Communications 1400 E. Phillips Blvd. Pomona, CA 91766 (909) 469-6333 Waste Management 13940 East Live Oak Avenue Baldwin Park, California 91706 (800) 266-7551 Valley Vista Services 16000 Temple Avenue La Puente, California 91744 (800) 442-6454 GP - 13 12 Southern California Edison Co. 800 West Cienega Avenue San Dimas, California 91773 (800) 227-2600 (DigAlert) (800) 684-8123 (Office) Southern California Edison - Transmission 7333 Bolsa Avenue Westminster, CA 92683 Richard Orozco (909) 394-2814 richard.orozco@sce.com Southern California Gas Company 1919 South State College Boulevard Anaheim, California 92803 (800) 227-2600 (DigAlert) (800) 427-2200 (Office) Walnut Valley Water District 271 South Brea Canyon Road Walnut, California 91789 (909) 595-7554 Walnut Valley Unified School District 880 S. Lemon Ave. Walnut, CA 91789 (909) 595-1261 Los Angeles County Department of Public Works 900 S. Fremont Ave. Alhambra, CA 91803-1331 Operation Services (626) 458-1708 Sewer Maintenance (800) 458-7117 Los Angeles County Sheriff's Department 21695 E. Valley Blvd. Walnut, California 91789 (909) 595-2264 Los Angeles County Fire Department GP - 14 12 Station 119 20480 Pathfinder Road Diamond Bar, California 91765 (909) 861-5995 Los Angeles County Fire Department Station 121 346 Armitos Place Diamond Bar, California 91765 (909) 396-0164 Los Angeles County Fire Department Station 120 1051 S Grand Ave Diamond Bar, CA 91765 (323) 881-2411 (non-emergencies) 911 (emergencies) The Contractor shall notify each of the above listed utility companies and agencies in writing (copy to City) of the project. They shall be invited to a pre-construction meeting and provided a work schedule. Subsection 402-2. Protection. The Contractor is hereby alerted to the existence of utility lines. The Contractor shall carefully protect all lines during the course of construction. Section 600-Access. Section 600-1. General. This section is amended by the addition of the following: The Contractor shall furnish all flagmen and guards and supply and install all signs, lights, flares, barricade delineators, and other facilities which are necessary to expedite the passage of public traffic through or around the work or to prevent accidents or damage or injury to the public or to give adequate warning to the public of any dangerous conditions to be encountered. The Caltrans "Manual of Traffic Controls" shall be used for all traffic control on this project. Section 600-4. Public Notification is hereby added to the Standard Specifications GP - 15 12 Contractor shall comply with all applicable State, County and City requirements and any additional public safety requirements which may arise in notifying the Police, Fire, Traffic and Engineering Departments, Schools and Public Transit at least 48 hours in advance of any closures, partial closures or reopening, and detours. At least ten (10) calendar days prior to commencing work, the Contractor shall submit a detailed schedule to the City for approval. Based on the schedule, the Contractor will notify businesses, bus companies, trash and street sweeping companies, and emergency services of the proposed work. Due to the nature of this project involving some inconvenience to businesses and residents, a good Public Relations Program is mandatory and evidence of satisfactory past performance in this area will be required. The City will require the Contractor to distribute one (1) “Public Notice” to each business and residence affected by the program. The notice shall be distributed to each business and residence ten (10) calendar days prior to the start of any work. Said notice shall be provided by the Contractor. Prior to distribution, all notices shall be reviewed and approved by the City. All complaints received by the City associated with the construction alleging damage to private property and vehicles shall be responded to by the Contractor within twenty-four (24) hours of notification. Failure to comply with this provision may result in a penalty of fifty dollars ($50.00) per occurrence. The Contractor shall be responsible for maintain notification signage in a serviceable manner. Signs shall indicate the date and hours of restriction. Full compensation for conforming to the requirements of this section shall be considered as included in the price paid for various items of work involved and no additional compensation will be allowed. Section 601. Temporary Traffic Control for Construction and Maintenance Work Zones. Section 601-1. General is amended by the addition of the following: At a minimum the contractor shall maintain one (1) dedicated left turn and one (1)thru/right turn lane at all times in all directions as deemed necessary on multi-lane streets. GP - 16 12 The Contractor shall prepare any traffic control or detour plans when directed in the technical provisions under Traffic Control. Lane transitions shall conform to the California MUTCD, Part 6, “Temporary Traffic Control.” Temporary traffic channelization shall be accomplished by the use of temporary striping when channelization is required for more than 3 days. The Contractor shall provide any plans that may be required for temporary striping prepared by a registered civil or traffic engineer to the satisfaction of the City Engineer. In no event will temporary striping be allowed on newly finished pavement surfaces which are to remain. Temporary traffic channelization needed on a daily basis shall be accomplished with delineators. The Contractor shall schedule an employee to police the temporary delineators within the travel way during weekday, nonworking hours and over Saturdays, Sundays, and holidays. SP - 1 1293492.1 PART III SPECIAL PROVISIONS SP - 2 1293492.1 SPECIAL PROVISIONS FOR AREA 4 RESIDENTIAL NEIGHBORHOOD ADA CURB RAMP IMPROVEMENT PROJECT CDBG PROJECT NO. 602604-23 CIP PROJECT NO. SI24104 SPECIFICATIONS The work to be done shall be performed or executed in accordance with these Special Provisions and the "Standard Specifications for Public Works Construction", Latest Edition and all subsequent supplements, hereinafter referred to as the Standard Specifications. The Standard Specifications are published by Building News, Inc. 990 Park Center Drive, Suite E, Vista, CA 92081 and are included by reference only. ADDENDA The City Engineer may issue addenda to the Contract Documents during the period of advertising for bids for the purpose of: (a) revising prevailing wage scales or (b) clarifying or correcting Special Provisions, Plans or Bid Proposal; provided that any such addenda does not change the original scope and intent of the project. Purchasers of contract documents will be notified and furnished copies of such addenda, either by certified mail or personal delivery, during the period of advertising. TIME LIMIT AND NOTICE TO PROCEED All work shall be completed within thirty (30) working days. A move- in period of seven (7) calendar days will be allowed starting on the date in the Notice to Proceed. The counting of working days shall start on the date the Contractor elects to start work or the last day of the move-in period, whichever occurs first. The Contractor shall utilize the move-in period to ensure that all materials required for the project will be available for the scheduled work. No additional working days will be allowed for material delay once the Contractor commences work. The Contractor shall notify the City Engineer at least seven (7) calendar days prior to the start of work. Nothing in this section will relieve the Contractor of its obligations relative to starting work as required elsewhere in these specifications. SP - 3 1293492.1 CHANGES IN THE WORK Subsection 2-7.1 of the Standard Specifications is supplemented by the following: Notwithstanding the limitation imposed by this Subsection, the City Engineer may, with City Council approval, order changes in the work which increase the contract cost by not more than ten percent (10%) of the original contract amount. CONTRACTOR'S INDUSTRIAL SAFETY RECORD All bidders will be required to submit information as to their industrial safety record on the form provided in the Bid Proposal. A review of this safety record will be made prior to a determination of the lowest responsible bidder, and any adverse finding as to the bidder's safety record or any bid submitted which does not contain the Contractor's Industrial Safety Record, filled out and signed by the Contractor, may be sufficient cause for rejection of the bid. CONSTRUCTION SCHEDULE In accordance with Subsection 6-1 of the Standard Specifications, the Contractor shall submit a written proposed construction schedule to the City Engineer ten (10) calendar days prior to the start of work. Such schedule shall be subject to the review and approval by the City Engineer. No work shall be done until the City Engineer and the Contractor have agreed to the schedule to be followed by the Contractor. WITHHELD CONTRACT FUNDS Pursuant to Section 4590 of the Government Code, the Contractor at its own expense may deposit securities pledged in favor of the Agency with a state or federally chartered bank as the escrow agent. The acceptable securities are those listed in Section 16430 of the Government Code or bank or savings and loan certificates of deposit. The amount of securities to be deposited shall be equivalent to the maximum amount permitted to be withheld as specified in Subsection 7-3.2 of the Standard Specifications. Formal acceptance of the project by the Agency terminates the Agency's interest in the securities. SP - 4 1293492.1 PUBLIC CONVENIENCE AND SAFETY In addition to the requirement of Subsection 5-7 of the Standard Specifications and the Standard Special Provisions, the Contractor shall maintain access to all adjacent properties. Furthermore, this subsection is amended and supplemented by the following paragraphs: DETOUR In no case shall traffic be diverted from the existing traveled way without prior approval of the City Engineer. TRAFFIC FLOW In order to facilitate the flow of traffic during the contractual period, the Agency reserves the right to extend the limits of the project to include any areas where signing and delineating is deemed necessary by the Engineer. Full compensation for complying with the above requirements shall be considered as included in the various items of work unless otherwise specified above. CONSTRUCTION WATER Construction water is available from the Walnut Valley Water District (WVWD) by applying for a temporary meter, which will be installed and chained to a hydrant by WVWD. Contact WVWD at telephone (909) 595-7554 to apply for construction water. Contractor to verify current charges. SANITARY CONVENIENCE Necessary sanitary facilities for the use of workman on the job shall be provided and maintained in an approved manner by the Contractor, properly secluded from public observation and in compliance with health ordinances and laws, and their use shall be strictly enforced by the Contractor. STORAGE SITE It shall be the Contractor's responsibility to locate any storage sites for materials and equipment needed and such sites either located on public or private property must be approved in advance by the City Engineer. No equipment or materials shall be stored in the public roadway right-of-way without prior written approval from the City Engineer. SP - 5 1293492.1 SPECIAL INSPECTION FEES If the Contractor elects to work under this contract more than 8 hours/day or more than 40 hours/week, Saturday, Sunday, or CITY holidays, the Contractor shall arrange with the Engineer for the required inspection service and pay the Special Inspection Fees which will be charged at the following rates: Monday through Fridays - $100.00 per hour Saturday, Sunday, Holidays - $1000.00 per day Fees may be deducted from payments due to the Contractor at the discretion of the Engineer. PROJECT COORDINATION AND NOTIFICATION REQUIREMENTS Notification to the agencies listed below and those agencies named in Subsection 402-1 (Location) of the General Provisions must be in writing with proof of letter given to the City. Walnut Valley Unified School District 880 South Lemon Avenue Walnut, California 91789 (909) 595-1261 Pomona Unified School District 800 S. Garey Ave Pomona, CA 91766 (909) 397-4800 PRE-CONSTRUCTION MEETING The City shall arrange a pre-construction meeting with the Contractor and representatives from utility companies, which shall be held a minimum of ten (10) calendar days prior to commencement of any work. TRASH COLLECTION SCHEDULE No streets will be closed or have work done on day of trash collection. Questions regarding trash collection can be directed to: Waste Management Valley Vista Services (626) 856-1285 (800)442-6454 SP - 6 1293492.1 STREET SWEEPER ROUTE SCHEDULE All overlays shall be applied at least twenty-four (24) hours prior to sweeping of any street in the project area. Questions regarding street sweeping can be directed to: Valley Vista Services (800) 442-6454 REMOVAL OF MATERIALS Materials, which are to be disposed of, include, but are not limited to: saw-cut asphalt pavement and concrete removed for curb and gutter shall not be stored at the site but shall be removed immediately. No overnight storage of materials or debris will be allowed in the street area or surrounding areas. COMPETENCY OF BIDDER The bidder shall be licensed under the provisions of Chapter 9, Division 3, of the Business and Professions Code of the State of California to do the type of work contemplated in the Contract and shall be skilled and regularly engaged in the general class or type of work called for under this Contract. Contractor's License Class A, or C-8 is required for this project. BID QUANTITIES The quantities given in the Proposal and Contract form are approximate, being given as a basis for the comparison of bids only, and the city 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 any portion of the work, as may be deemed advisable or necessary by the City Engineer. CITY EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROVISIONS 1. AFFIRMATIVE ACTION PLAN FOR EQUAL EMPLOYMENT OPPORTUNITY The following provisions pertaining to equal employment opportunity are incorporated into this Contract. In connection with performance of work under this Contract, the Contractor agrees as follows: SP - 7 1293492.1 a. The Contractor will not discriminate against any employee or applicant for employment because of race, color, sex, religion, ancestry or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and the employees are treated during employment, without regard to race, color, sex, religion, ancestry or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship where applicable. b. In all advertisements for labor or other personnel, or requests for employment of any nature, the Contractor shall state that all qualified applicants will receive consideration for employment of any nature, the Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, sex, religion, ancestry or national origin. c. In all hiring, the Contractor shall make every effort to hire qualified workers from all races and ethnic groups. d. The Contractor shall be responsible for the compilation of records of the ethnic distribution of the entire project work force on forms furnished by the Agency. Said forms, indicating the ethnic distribution of man-hours of work within the various crafts and trades, shall be filed by the Contractor with the Agency every thirty (30) days. e. The Contractor shall send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the Agency, advising the said labor union or worker's representative of the Contractor's commitments under this section. f. The Contractor shall maintain and permit access by the Agency to records of employment, employment advertisements, application forms and other pertinent data and records of the Contractor's own work force and that of the various subcontractors on the project for the purpose of investigation to ascertain compliance with this EEO section. g. Within ten (10) days after execution of the Contract by the Agency, the Contractor shall meet the following SP - 8 1293492.1 standards for affirmative compliance and shall ensure that each subcontractor on the project will meet these requirements within ten (10) days after receiving a Notice to Proceed from the Contractor, unless the Agency provides for a greater time period: (1) File with the Agency an Affirmative Action Plan indicating the steps it will take to encourage and assist qualified members of minority groups. Such affirmative action will include statements regarding recruitment, employment, compensation, promotion or demotion, and selection for training. (2) Provide evidence as required by the Agency that it has notified in writing all subcontractors, the Contractor's supervisors and other personnel officers of the content of this EEO section and their responsibilities under it. (3) Provide evidence, as required by the Agency that it has notified in writing all sources of employee referrals (including, but not limited to, unions, employment agencies and the State Department of Employment Development) of the content of this EEO section. (4) Notify the Agency in writing of any opposition to this EEO section by individuals, firms, unions or organizations. h. If the Agency has reason to believe that the Contractor or a subcontractor may have committed a violation of the EEO section of this Contract or of the California Fair Employment Practice Act or of any applicable Federal law concerning equal employment practices on this project, the Agency will cause written notice to be served on the Contractor or its representative, and to any subcontractor involved in such violation. The notice shall set forth the nature of the violation. Upon the Agency's request, the Contractor shall meet with representatives of the Agency in order to determine the means of correcting the violation and the time period within which the violation shall be corrected. If, within ten (10) days, the Contractor or subcontractor has failed or refused to remedy the violation, the Agency may notify the Fair Employment Practices Commission and pursue any other remedies, which may be available under the law. SP - 9 1293492.1 i. The Contractor shall include the provisions of the foregoing paragraphs 1a through 1h in every first tier subcontract and require each subcontractor to bind each further subcontractor with whom it has a contract to such provisions, so that such provisions will be binding upon each subcontractor who performs any of the work required by the Contract. 2. ANTI-DISCRIMINATION a. The Contractor certifies and agrees that all persons employed by the Contractor, its affiliates, subsidiaries or holding companies are and will be treated equally by the Contractor without regard to or because of race, color, sex, religion, ancestry or national origin and in compliance with State and Federal anti-discrimination laws. The Contractor further certifies and agrees that it will deal with its subcontractors, bidders and vendors without regard to or because of race, color, sex, religion, ancestry or national origin. The Contractor agrees to allow access to its employment records during regular business hours to verify compliance with the foregoing provisions when so requested by the City. b. The Contractor specifically recognizes and agrees that if the City finds that any of the foregoing provisions have been violated, the same shall constitute a material breach of Contract upon which the City may determine to cancel, terminate or suspend the Contract. While the City reserves the right to determine individually that the anti- discrimination provisions of the Contract have been violated, in addition a determination by the California Fair Employment Practices Commission or the Federal Equal Employment Opportunity Commission that the Contractor has violated State or Federal anti-discrimination laws shall constitute a finding by the City that the Contractor has violated the anti-discrimination provisions of the Contract. c. At its option, and in lieu of canceling, terminating or suspending the Contract, the City may impose damages for any violation of the anti-discrimination provisions of this section, in the amount of two hundred ($200.00) for each violation found and determined. The City and the Contractor specifically agree that the aforesaid amount shall be imposed as liquidated damages, and not as a forfeiture or penalty. It is further specifically agreed that the aforesaid amount is presumed to be the amount of SP - 10 1293492.1 damages sustained by reason of any such violation, because, from the circumstances and the nature of the violation, it is impracticable and extremely difficult to fix actual damages. 3492.1 PART V APPENDICES 1293492.1 APPENDIX A FEDERAL/STATE CONTRACT COMPLIANCE DOCUMENTS AND FORMS COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FEDERAL CONTRACT CLAUSE, PROVISIONS, DOCUMENTS, AND FORMS NOTICE TO BIDDERS COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) COMPLIANCE DOCUMENTS FOR CONSTRUCTION CONTRACTS of LESS Than $200,000 A Bidder is required to familiarize itself with the information provided on the following pages. Failure to comply with and/or meet the requirements may result in a bid being determined incomplete or non- responsive. A bidder is required to submit the following Compliance forms with its Bid Proposal: 1: County Lobbying Certification 2: Request for Additional Classification and Rate 3: Contractor’s List of Proposed Subcontractors 4: Worker’s Compensation Certification 5: Non-Segregated Facilities Certification 6: Past Performance Certification 7: Notice of Equal Employment Opportunity Commitment 8: Non Collusion Declaration 9: Federal Lobbying Certification  LABOR STANDARDS PROVISIONS. The Federal Labor Standards Provisions (HUD-4010 form) is included at the end of the provision summary. Keep in mind that the form may be updated from time to time and the most current form must be used. The provision outlines the federal prevailing wage requirements, including a reference to the Copeland Act which requires all contractors and subcontractors to submit weekly payroll reports and advises contractors that it is a criminal offense for any person to persuade any other person employed on a federally funded project into giving up any part of their salary to which they are entitled under their contract of employment. The form also included reference to the Contract Work Hours and Safety Standards Act (CWHSSA). CWHSSA applies to contracts in excess of $100,000 and covers laborers and mechanics, including guards and watchmen, who must be paid at least one and one-half times their regular rate of pay for all hours worked over 40 in a workweek. Finally the form further outlines the prevailing wage requirements, payroll reporting requirements, apprentice requirements, contract termination, and debarment sanctions pertaining to Federally-assisted construction projects. DAVIS-BACON AND RELATED ACTS (DBRA). The Davis-Bacon and Related Acts, apply to contractors and subcontractors performing on federally funded or assisted contracts in excess of $2,000 for the construction, alteration, or repair (including painting and decorating) of public buildings or public works. Davis-Bacon Act and Related Act contractors and subcontractors must pay their laborers and mechanics employed under the contract no less than the locally prevailing wages and fringe benefits for corresponding work on similar projects in the area. The Davis-Bacon Act directs the Department of Labor to determine such locally prevailing wage rates. The Davis- encies assist construction projects through grants, loans, loan guarantees, and insurance. PREVAILING WAGE STATEMENT: This project is funded in whole or in part with Community Development Block Grant (CDBG) funds provided by the U.S. Department of Housing and Urban Development (HUD). Federal Labor Standards Provisions, including prevailing wage requirements of the Davis-Bacon and Related Acts will be one in effect 10-days prior to the bid opening date and can be found on- line at http://www.wdol.gov. In the event of a conflict between Federal and State wages rates, the higher of CONFLICT OF INTEREST STATEMENT. No employee, officer or agent of the sub-recipient shall participate in selection, or in the award or administration of a contract supported by Federal funds if a conflict of interest, real or EQUAL EMPLOYMENT OPPORTUNITY CLAUSE. During the performance of this contract, the contractor agrees as follows: a.The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. b.The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. c. The contractor will send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided, advising the said labor union or section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. e. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole, or in part, and the contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. g. The contractor will include the provisions of Paragraph 1a through 1g in every subcontract or purchase order unless exempted by rule, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. FEDERAL EQUAL EMPLOYMENT SPECIFICATIONS (Executive Order 11246). a. As used in these specifications: (1) Covered area means the geographical area described in the solicitation from which this contract resulted; (2) Director means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; Quarterly Federal Tax Return, United States Treasury Department Form 941. (4) Minority includes: (a) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin) (b) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin, regardless of race); (c) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the pacific Islands); and (d) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). b. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. c. If the contractor is participating (pursuant to 41 CFR Part 60-4.5) in a Hometown Plan approved by the United States Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and time tables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan.Each contractor or subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO Clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered goals and timetables. d. The contractor shall implement the specific affirmative action standards provided in paragraphs 3g (1) through 3g (16) of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor should reasonable be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. e. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the contractor has a collective bargaining agreement, to refer either minority or women shall excuse the under these specifications, Executive Order 11246 or the regulations promulgated pursuant thereto. f. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the contractor during the training period, and the contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the United States Department of Labor. g. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the maximum results from its actions. The contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: (1) Ensure and maintain working environment free of harassment, intimidation, and coercion at all sites, and in assign two or more women to each construction project. The contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. (2) Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the contractor or its unions have (3) Maintain a current file of the name, address, and telephone numbers of each minority and female off-the street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred, not employed by the contractor, this shall be documented in the file with the reason therefore, along with whatever additional actions the contractor may have taken. (4) Provide immediate written notification to the Director when the union or unions with which the contractor has a collective bargaining agreement has not referred to the contractor a minority person or woman sent by the contractor, or when the contractor has other information that the union referral process has impeded the (5) Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs Department of Labor. The contractor shall provide notice of these programs to the sources compiled under 3g (2) above. and requesting their cooperation in assisting the contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with on- site supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the ith whom the contractor does or anticipates doing business. (9) Direct its recruitment efforts, both oral and written, to minority, female, and community organizations; to schools with minority and female students; and to minority and female recruitment and training organizations for the acceptance of applications for apprenticeship or other training by any recruitment sources, the contractor shall send written notification to organizations such as the above, describing the opening, screening procedures, and tests to be used in the selection process. (10) Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to minority and female youth, both on the site (11) Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3, Uniform Guidelines on Employee Selection Procedures. (12) Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. (13) Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment-related activities to ensure that the (14) Ensure that all facilities and company activities are non-segregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. (15) Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. EEO policies and affirmative action obligations. h. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations 3g(1) through (16). The efforts of a contractor association, joint contractor-union, contractor-community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 3g(1) though (16) of these specifications provided that the contractor actively participates in the group, makes every effort to ensure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor. The i. A single goal for minorities and a separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the contractor has achieved its goals for women generally, the contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). j. The contractor shall not use the goals and timetables of affirmative action standards to discriminate against any person because of race, color, religion, sec or national origin. k. The contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. l. The contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. m. The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative actions steps, at least as extensive as those standards prescribed in Paragraph 3g of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR Part 60-1.8 (Show Cause Notice). n. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation, if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. o. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). p. The Director, from time to time, shall issue goals and timetables for minority and female utilization which shall be based on appropriate work force, demographic or other relevant data and which shall cover construction projects or construction contracts performed in specific geographic areas. The goals, which shall be applicable to each ing in the area covered by the goals and timetables, shall be published as notices in the Federal Register, and shall be inserted by the contracting officers and applicants, as applicable, in the Notice required by 41 CFR 60-4.2. SPECIFIC EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS. For a federally assisted construction contract in excess of $10,000, the contractor/subcontractor shall: a.Forward the following EEO certification forms to the contract awarding authority prior to contract award: Certification of Non-segregated Facilities and Certification with Regard to the Performance of Previous Contracts or Subcontracts Subject to the Equal Opportunity Clause and the Filing of Required Reports. b.Submit a notification of subcontracts awarded to the Director, Office of Federal Contract Compliance Programs, United States Department of Labor - ESA, 200 Constitutional Avenue, NW, Room C3325, Washington, D.C., 20210, within 10 working days of award of any subcontract in excess of $10,000, listing the name, address, and telephone number of the subcontractor; employer identification number; estimated dollar amount of the subcontract; estimated starting date and completion dates of the subcontract; and the geographical area in which the contract is to be performed. c. of workers prior to commencement of construction work. d.Display an equal employment opportunity poster in a conspicuous place available to employees and applicants for employment. e.For contracts in excess of $10,000, bind subcontractors to the Federal Equal Employment Opportunity requirements by including the provisions of Paragraphs 1 through 3, above, in the subcontract. f.Upon commencement of construction work and until the work is completed, forward the Monthly Employment Utilization Report (Form CC-257) to the contract awarding authority by the end of each work month. With the initial monthly report, the contractor/subcontractor shall attach the -Federal Work in Bid Condition Area to the monthly report. NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (Executive Order 11246) a.The Offeror or Employment Specifications set forth herein. b. aggregated work force in each trade on all construction work in the covered area, are as follows: Timetables Goals for Minority Participation for Each Trade Goals for Female Participation in Timetables Each Trade 28.3% 6.9% These goals are performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its federally involved and non-federally involved construction. compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmation action obligations required by the specifications set forth in 41 CFR Part 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from contractor to contractor or from project to project for the sole purpose of der, and the regulations of 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. c. The contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within ten (10) working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. d. As used in this notice, and in the contract resulting from this solicitation, the covered area is the Standard Metropolitan Statistical Area of Los Angeles-Long Beach, specifically the County of Los Angeles, State of California. CONTRACTING WITH SMALL BUSINESS, LABOR SURPLUS AREA FIRMS. a.It is national policy to award a fair share of contracts to Small business and Minority Firms. Accordingly, affirmative steps must be taken to assure that Small Business and Minority Firms are utilized when possible, as sources of supplies, equipment, construction and services. Affirmative steps include the following: 1.Including qualified Small Business and Minority Firms on solicitation lists. 2.Assuring that Small Business and Minority Firms are solicited whenever they are potential sources. 3.When economically feasible, dividing total requirements into smaller tasks or quantities so as to permit maximum Small Business and Minority Firm participation. 4. Where the requirement permits, establishing delivery schedules which will encourage participation by Small Business and Minority Firms. 5. Using the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce, as required. 6. If any subcontracts are to be let, requiring the prime contractor to take the affirmative steps in 1a through 1e above. c. Grantees are encouraged to procure goods and services from Labor Surplus Areas. CIVIL RIGHTS ACT OF 1964. Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. SECTION 50 SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 . No person in the United States on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. VIETNAM ERA VETERANS' READJUSTMENT ASSISTANCE ACT OF 1974, as amended. Covered contracts entered into by any department or agency for the procurement of personal property and non-personal services (including construction) for the United States, shall contain a provision requiring that the party contracting with the United States shall take affirmative action to employ and advance in employment qualified special disabled veterans, veterans of the Vietnam era and any other veterans who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized. The provisions of this section shall apply to any subcontract entered into by a prime contractor in carrying out any contract for the procurement of personal property and non-personal services (including construction) for the United States. AGE DISCRIMINATION ACT OF 1975. No person in the Unites States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. CLEAN AIR AND WATER ACTS. Contractors with Federally-assisted construction contracts of $100,000 or more must comply, and ensure all sub-contractors comply, with the requirements regulated by the Environmental Protection Agency. During the performance of this contract, the contractor and all subcontractors shall comply with the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., the Federal. Water Pollution Control Act, as amended, 33 USC 1251 et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended. In addition to the foregoing requirements, all nonexempt contractors and subcontractors shall furnish to the owner, the following: 1.A stipulation by the contractor or subcontractors, that any facility to be utilized in the performance of any nonexempt contract or subcontract, is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20. 2. Agreement by the contractor to comply with all the requirements of Section 114 of the Clean Air Act , as amended, (42 USC 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 USC 1318) relating to inspection, monitoring, entry, reports and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued there under. 3. A stipulation that as a condition for the award of the contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that .a facility utilized, or to be utilized for the contract, is under consideration to be listed on the EPA List of Violating Facilities. 4. Agreement by the contractor that he will include, or cause to be included, the criteria and requirements in paragraph (1) through (4) of this section in every nonexempt subcontract and requiring that the contractor will take such action as the government may direct as a means of enforcing such provisions. HUD-4010 (06/2022) Previous editions are obsolete. Page 1 of 5 ref. Handbook 1344.1 HUD-4010 U.S. Department of Housing and Urban Development Federal Labor Standards Provisions Office of Davis-Bacon and Labor Standards A. APPLICABILITY The Project or Program to which the construction work covered by this Contract pertains is being assisted by the United States of America, and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. (1) MINIMUM WAGES (i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment, computed at rates not less than those contained in the wage determination of the Secretary of Labor (which is attached hereto and made a part hereof), regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH1321)) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place, where it can be easily seen by the workers. (ii) Additional Classifications. (A) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor, the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division (“Administrator”), Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget (“OMB”) under OMB control number 1235-0023.) (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, or HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1235-0023.) HUD-4010 (06/2022) Previous editions are obsolete. Page 2 of 5 ref. Handbook 1344.1 (D) The wage rate (including fringe benefits, where appropriate) determined pursuant to subparagraphs (1)(ii)(B) or (C) of this paragraph, shall be paid to all workers performing work in the classification under this Contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1235-0023.) (2) Withholding. HUD or its designee shall, upon its own action or upon written request of an authorized representative of the U.S. Department of Labor, withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work, all or part of the wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The U.S. Department of Labor shall make such disbursements in the case of direct Davis-Bacon Act contracts. (3) Payrolls and basic records. (i) Maintaining Payroll Records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification(s), hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made, and actual wages paid. Whenever the Secretary of Labor has found, under 29 CFR 5.5(a)(1)(iv), that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1235-0023 and 1215-0018) (ii) Certified Payroll Reports. (A) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead, the payrolls only need to include an individually identifying number for each employee (e.g., the last four digits of the employee’s social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at https://www.dol.gov/agencies/whd/forms or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. HUD-4010 (06/2022) Previous editions are obsolete. Page 3 of 5 ref. Handbook 1344.1 Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee, the contractor, or the Wage and Hour Division of the U.S. Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this subparagraph for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to HUD or its designee. (Approved by the Office of Management and Budget under OMB Control Number 1235-0008.) (B) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under 29 CFR 5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR 5.5(a)(3)(i), and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract; and (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the “Statement of Compliance” required by subparagraph (a)(3)(ii)(b). (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 3729 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under subparagraph (a)(3)(i) available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the U.S. Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency (where appropriate), to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman’s hourly rate) specified in the contractor’s or subcontractor’s registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice’s level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. HUD-4010 (06/2022) Previous editions are obsolete. Page 4 of 5 ref. Handbook 1344.1 If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed, unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee’s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees, and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. (5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this Contract. (6) Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in subparagraphs (1) through (11) in this paragraph (a) and such other clauses as HUD or its designee may, by appropriate instructions, require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this paragraph. (7) Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this Contract. (9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this Contract shall not be subject to the general disputes clause of this Contract. Such disputes shall be resolved in accordance with the procedures of the U.S. Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of Eligibility. (i) By entering into this Contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor’s firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. HUD-4010 (06/2022) Previous editions are obsolete. Page 5 of 5 ref. Handbook 1344.1 (ii) No part of this Contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii) Anyone who knowingly makes, presents, or submits a false, fictitious, or fraudulent statement, representation or certification is subject to criminal, civil and/or administrative sanctions, including fines, penalties, and imprisonment (e.g., 18 U.S.C. §§ 287, 1001, 1010, 1012; 31 U.S.C. §§ 3729, 3802. (11) Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic, to whom the wage, salary, or other labor standards provisions of this Contract are applicable, shall be discharged or in any other manner discriminated against by the contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. B. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The provisions of this paragraph (b) are applicable where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms “laborers” and “mechanics” include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work, which may require or involve the employment of laborers or mechanics, shall require or permit any such laborer or mechanic in any workweek in which the individual is employed on such work to work in excess of 40 hours in such workweek, unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph B(1) of this paragraph, the contractor, and any subcontractor responsible therefor, shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph B(1) of this paragraph, in the sum set by the U.S. Department of Labor at 29 CFR 5.5(b)(2) for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in subparagraph B(1) of this paragraph. In accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. § 2461 Note), the DOL adjusts this civil monetary penalty for inflation no later than January 15 each year. (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall, upon its own action or upon written request of an authorized representative of the U.S. Department of Labor, withhold or cause to be withheld from any moneys payable on account of work performed by the contractor or subcontractor under any such contract, or any other Federal contract with the same prime contract, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages, as provided in the clause set forth in subparagraph B(2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph B(1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs B(1) through (4) of this paragraph. C. HEALTH AND SAFETY The provisions of this paragraph (c) are applicable where the amount of the prime contract exceeds $100,000. (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his or her health and safety, as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The contractor shall comply with all regulations issued by the Secretary of Labor pursuant to 29 CFR Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91-54, 83 Stat 96), 40 U.S.C. § 3701 et seq. (3) The contractor shall include the provisions of this paragraph in every subcontract, so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. COUNTY LOBBYIST CODE CHAPTER 2.160 COUNTY ORDINANCE NO. 93-0031 CERTIFICATION Name of Firm: ____________________________________________________________________________________ Address: _____________________________________________________________________________________ State: ___________ Zip Code: _____________ Telephone Number: ( ) _______________________ Acting on behalf of the above named firm, as its Authorized Official, I make the following Certification to the Los Angeles County Development Authority (LACDA). 1) It is understood that each person/entity/firm who applies for a Los Angeles County Development Authority contract, and as part of that process, shall certify that they are familiar with the requirements of the Los Angeles County Code, Chapter 2.160 (Los Angeles County Ordinance 93-0031) and; 2) That all persons/entities/firms acting on behalf of the above named firm have and will comply with the County Code, and; 3) That any person/entity/firm who seeks a contract with the Los Angeles County Development Authority shall be disqualified therefrom and denied the contract and, shall be liable in civil action, if any lobbyist, lobbying firm, lobbyist employer or any other person or entity acting on behalf of the named firm fails to comply with the provisions of the County Code. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite fo r making or entering into contract with Los Angeles County and the Los Angeles County Development Authority. Authorized Official: ___________________________________ By: _______________________________________ (Contractor/Subcontractor) (Signature) ___________________________________ _______________________________________ (Date) (Title) U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT REPORT OF ADDITIONAL CLASSIFICATION AND RATE HUD FORM 4230A OMB Approval Number 2501-0011 (Exp.8/31/2022) 1. FROM (name and address of requesting agency)2. PROJECT NAME AND NUMBER 3. LOCATION OF PROJECT (City, County and State) 4. BRIEF DESCRIPTION OF PROJECT 5. CHARACTER OF CONSTRUCTION Building Heavy Highway Residential Other (specify) 6. WAGE DECISION NO. (include modification number, if any) COPY ATTACHED DATE of WAGE DECISION: 7. WAGE DECISION EFFECTIVE DATE (LOCK-IN): 8. WORK CLASSIFICATION(S)HOURLY WAGE RATES BASIC WAGE FRINGE BENEFIT(S) (if any) 9. PRIME CONTRACTOR (name, address)9a. Agree Disagree 10. SUBCONTRACTOR/EMPLOYER, IF APPLICABLE (name, address) 9b. SIGNATURE DATE Check All That Apply: The work to be performed by the additional classification(s) is not performed by a classification in the applicable wage decision. The proposed classification is utilized in the area by the construction industry. The proposed wage rate(s), including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage decision. The interested parties, including the employees or their authorized representatives, agree on the classification(s) and wage rate(s). Supporting documentation attached, including applicable wage decision. Check One: Approved, meets all criteria. DOL confirmation requested. One or more classifications fail to meet all criteria. DOL decision requested. FOR HUD USE ONLY LR2000: Agency Representative (Typed name and signature) Date Log in: Log out: Phone Number HUD-4230A (8-19) PREVIOUS EDITION IS OBSOLETE CONTRACTOR LIST OF PROPOSED SUBCONTRACTORS Bidder must list all subcontracts, regardless of dollar amount or percentage of bid.__________________________________________________________ ____________________________________________ PROJECT NAME AWARDING AGENCYLocation: _________________________________________________________________ Project Number: ___________________________________________ SUBCONTRACTORS: Name, Address, and Telephone Number Employer Identification Number Contractor License Number Contract AmountEstimated Start Date Estimated Completion Date TRADES TO BE USED ________________________________________________ ____________________________________________________________________ Signature Name and Title ________________________________________________ ____________________________________________________________________ Date Company Name WORKER’S COMPENSATION CERTIFICATION I certify, by my signature below, that I am aware of the provisions of Section 3700 of the California Labor Code. §3700 requires every employer be insured against liability for worker’s compensation or to undertake self-insurance in accordance with the provisions of that code. I further certify that I will comply with such provisions before commencing the performance of the work of this contract. Date: ________________ Project Number: ________________________ Project Name: ____________________________________________________________ Company Name: __________________________________________________________ Address: _______________________________________________________________ Print Name: ______________________________________________________________ Title: __________________________________________________________________ Signature: _______________________________________________________________ Certification of Understanding and Authorization This certification is required when a Payroll Officer is not listed on the business license (03/30/17) The contractor certifies, by signature below, that the designated payroll officer has received a copy of the federal wage decision assigned to this project as identified below; The payroll officer acknowledges, by signature below, that she/he have also received, read, and understands the following provision and publication; ► Federal Labor Standards Provisions (HUD-4010 form), and ► Contractor’s Guide to Prevailing Wage Requirements for Federally-Assisted Construction Projects. Further, the person designated as the Payroll Officer understands the labor standards reporting requirements applicable to the above listed project, and she/he is hereby authorized to sign the Statement of Compliance form that will accompany each weekly payroll report for this project on behalf of the contractor. Contractor’s Business Name License Number Print Name of Owner or Principal listed on the business license Signature of Owner or Principal listed on the business license Title Date Print Name of Payroll Officer Signature of Payroll Officer Contractor Name: Project Name: CDBG Project Number: Project Location: Local Contracting Agency (LCA): Labor Standards Officer (LSO): Telephone:  CA Modification Number Dated Fringe Benefit Statement _______________________________________________ ____________________________________________ PROJECT NAME LOCAL CONTRACTING AGENCY Location: CDBG Project Number: WORK CLASSIFICATIONS HOURLY FRINGE BENEFITS PROVIDED Name, Address, and Telephone Number of the Approved Plan, Fund, or Program Health & Welfare $ Pension $ Vacation $ Apprenticeship/Training $ Other (explain) $ TOTAL HOURLY FRINGE: $ Health & Welfare $ Pension $ Vacation $ Apprenticeship/Training $ Other (explain) $ TOTAL HOURLY FRINGE: $ Health & Welfare $ Pension $ Vacation $ Apprenticeship/Training $ Other (explain) $ TOTAL HOURLY FRINGE: $ Health & Welfare $ Pension $ Vacation $ Apprenticeship/Training $ Other (explain) $ TOTAL HOURLY FRINGE: $ Health & Welfare $ Pension $ Vacation $ Apprenticeship/Training $ Other (explain) $ TOTAL HOURLY FRINGE: $ I Certify under penalty of perjury that: I make payments to approved fringe benefit plans, funds, or programs as listed above. OR I DO NOT make payments to approved fringe benefit plans, funds, or programs. Benefits are added to hourly rates and paid each week to the employees. __________________________________________ __________________________________________ (Print Company Name) (Print Name of Person Authorized to Sign) Contractor License Number: ______________________ By: ______________________________________________ Date: ________________________________________ Title: ____________________________________________ NON-SEGREGATED FACILITIES CERTIFICATION Federally Assisted Construction Projects The federally assisted construction contractor certifies that he/she DOES NOT and WILL NOT: 1. Maintain or provide, for his/her employees, any segregated facilities at any of his/her establishments. 2. Permit his/her employees to perform their services at any location, under his/her control, where segregated facilities are maintained. The federally assisted contractor agrees that a breach of this certification is a vio lation of the Equal Opportunity Clause in this contract. As used in this certification, the term segregated facilities means any waiting room, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. The federally-assisted contractor agrees that (except where he/she has obtained identical certifications from proposed subcontractors for specific time periods) he/she will obtain ident ical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause, and that he/she will retain such certifications in his/her files. NOTE: The penalty for making false statements in offers are prescribed in 18 U.S.C. 1001. Date: ________________________ Project Number: ________________________ Company: ________________________________________________________________________ Address: _________________________________________________________________________ By: ______________________________________________________________________________ Title: ____________________________________________________________________________ PAST PERFORMANCE CERTIFICATION With regard to performance of previous contracts or subcontracts subject to the Equal Opportunity Clause and filing of required reports The bidder, proposed sub-contractor, hereby certifies that he/she has, has not, participated in a previous contract or subcontract subject to the Equal Opportunity Clause, as required by Executive Orders 10925, 11114, or 11246, and that he/she has, has not, filed with the Joint Reporting Committee, the Director of the Office of Federa l Contract Compliance (OFCCP), a Federal Government contracting or administering agency, or the former President’s Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. Date: __________ Project Number: _____________ Contract Award: $_______________ Awarding Agency: ________________________________________________________________ Contractor Name: ___________________________________ Total Number of Employees______ Affiliate Company: _______________________________________________________________ By: ___________________________________________________________________________ Title: __________________________________________________________________________ NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b)(1), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5 (Generally only contracts or subcontracts of $10,000 or under are exempt). Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b)(1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the U.S. Department of the Interior or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. SF-100 (EEO-1) must be filed by; (A) All private employers who are: (1) Subject to Title VII of the Civil Rights Act of 1964 (as amended) with 100 or more employees. (2) Subject to Title VII who has fewer than 100 employees, if the company is owned or affiliated with another company, or there is centralized ownership, control or management so that the group legally constitutes a single enterprise, and the entire enterprise employs a total of 100 or more employees. (B) All federal contractors (private employers), who: (1) Are not exempt as provided for by 41 CFR 60-1.5 (2) Have 50 or more employees, and a. Are prime contractors or first-tier subcontractors, and have a contract, subcontract, or purchase order amounting to $50,000 or more; or b. Serve as a depository of Government funds in any amount, or c. Is a financial institution, which is an issuing, and paying agent for U.S. Savings Bonds and Notes. EQUAL EMPLOYMENT OPPORTUNITY COMMITMENT TO: ________________________________ (Name of Labor Union, Workers Representative, etc. ________________________________ (Address) Name of Business (Contractor): ____________________________________________________ Project Name: ______________________________ Project Number: ____________________ The Undersigned currently holds a contract with _____________________________, involving funds of the U. S. Government, or a subcontract with a prime contractor holding such contract. You are advised that under the provisions of the above contract or subcontract, and in accordance with Executive Order 11246, the undersigned is obligated not to discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. This obligation not to discriminate in employment includes, but is not limited to the follow: 1. Hiring, placement, upgrading, transfer or demotion; 2. Recruitment, advertising or solicitation for employment; 3. Treatment during employment; 4. Rates of pay or other forms of compensation; 5. Selection for training, including apprenticeship; and 6. Layoff or termination. This notice is furnished to you pursuant to the provisions of the above contract or subcontract and Executive Order 11246. Copies of this notice will be posted by the undersigned in conspicuous places available to employees or applicants for employment. ___________________________________ By: _______________________________________ (Print Name) (Signature) ___________________________________ _______________________________________ (Date) (Title) California Public Contract Code requires every bid on every public works contract of a public to include a declaration under penalty of perjury under the laws of the State of California, in the following form: NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID The undersigned declares: I am the ____ of ____, the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All stat ements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ___[date], at ___[city], ___[state]." FEDERAL LOBBYIST CERTIFICATION Name of Firm: ___________________________________________________________________________ Address: _______________________________________________________________________________ State: ___________ Zip Code: _____________ Telephone Number: ( ) ______________________ Acting on behalf of the above named firm as its Authorized Official, I make the following Certification to the U. S. Department of Housing and Urban Development and the Los Angeles County Development Authority (LACDA). 1) No Federal appropriated funds have been paid by or on behalf of the above named firm to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of and Federal grant, loan or cooperative agreement, and any extension, continuation, renewal, amendment, or modification thereof, and; 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee or any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with this Federal contract, grant loan, or cooperative agreement, the above named firm shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions, and; 3) The above name firm shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreement) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into the transaction imposed by Section 1352 Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Authorized Official: ___________________________________ By: _______________________________________ (Contractor/Subcontractor) (Signature) ___________________________________ _______________________________________ (Date) (Title) AGENCY REPORT OF CONSTRUCTION CONTRACT AWARD TO: Grants Management Unit (GMU) Date: Los Angeles County Development Authority (LACDA) FROM: Local Contracting Agency Name: Project Name: Project Number: A formal bid opening, or informal solicitation for this construction contract was held on: Date: A Contract Subcontract was awarded to the contractor identified below on: Date: The contract amount for the scope of work to be performed by this Contractor, as detailed below, is: Amount: This is or is not a Section 3 qualified construction contract A Section 3 Pre-Bid Meeting was held on: Date: The Contractor’s Eligibility was verified prior to the contract with search results from: California Contractors State Licensing Board (CSLB) website (http://www.cslb.ca.gov) on: Date: California Department of Industrial Relations (DIR) website (https://www.dir.ca.gov/dlse/debar.html on: Date: Federal List of Parties Excluded from federal contract award website (https://sam.gov/content/exclusions) on: Date: A Notice of Contract Award letter was sent to the U.S. Dept. of Labor, OFCCP (contracts $10,000 or more) on: Date: The Contractor(s) acknowledge, by signature below, that: “This construction project is funded in whole or in part with Federal funds.” A copy of the Federal Labor Standards Provisions (HUD-4010 form), is attached to the contractor’s copy of this form. A copy of the assigned Federal Wage Decision identified below will be attached to the contractor’s copy of this form. Federal Wage Decision Number: CA _____________ Mod. ____, DATED _____________ (https://sam.gov/content/wage- determinations). The Contractor(s) further acknowledges that the prevailing wage and fringe benefit rates must be paid to all workers each week. Print Company Name above – Prime Contractor Subcontractor Print Company Name above – Subcontractor Lower-tier Employer Identification Number: Employer Identification Number: Contractor License Number: Contractor License Number: Authorized Signature of Company Representative Authorized Signature of Company Representative Black American White American Hispanic American Women Owned Business Minority Owned Business Section 3 Qualified Business Native American Hasidic Jews Asian/Pacific American Black American White American Hispanic American Women Owned Business Minority Owned Business Section 3 Qualified Business Native American Hasidic Jews Asian/Pacific American Identify the detailed scope of work FOR THIS CONTRACTOR Estimated Start Date: Estimated Completion Date: Identify the work classifications to be USED BY THIS CONTRACTOR at the construction site Estimated Workforce size: Asbestos Worker Equipment Operator Group Lather Roofer Bricklayer Glazier Marble setter Sheet metal worker Carpenter Ironworker Painter Terrazzo Worker Cement Mason Laborer Group Plasterer Tile layer Electrician Labor/Striper Group Plumber (other) Tips for completing the Agency Report of Contract Award form The Agency Report of Contract Award (ARCA) form will help the LCA to complete HUD’s Semi-Annual and Annual reporting requirements. Send a copy of the completed form(s) to the GMU Contract Compliance Officer via email. Process the ARCA as follows: • Local Contracting Agency (LCA) must; o Enter the basic project information on the form, o Enter the dollar amount of the Prime Contract o Explain the prevailing wage requirements as outlined in the specifications, o Do not sign the form until it is returned, completed by the prime sub, or lower-tier contractor, o Collect form from the contractor and review for accuracy, o Initial and email completed form(s) to GMU. • Prime Contractor must; o Provide an estimated start and end date, and a summary the Scope of Work, o Identify the basic trades and number of workers to be used on site, o Complete lower left section – business address and EEO portion, and o Sign and return the form to the LCA. o Subcontractor form, provide the dollar amount of each subcontract • Ensure subcontractor has a copy of the HUD-4010 form & Federal Wage Decision • Collect form from the sub-contractor and review it for accuracy • Sign and forward the form to the LCA • Sub and Lower-tier contractor must; o Provide an estimated start and end date, and a summary the Scope of Work, o Identify the basic trades and number of workers to be used on site, o Complete lower right section – business address and EEO portion, and o Sign and return the form to the Prime Contractor. 1. Date of Public Bid Opening or Informal Solicitation Date: Date that the LCA held the public bid opening, or the date that the contract opened for vendor offers through informal solicitation. 2. Contract Award Date: Prime Contracts, the date that the contractor signed an agreement with the LCA. Subcontracts, the date the subcontractor signed an agreement with, or work commenced for the prime contractor. Lower-tier contracts, the date the lower-tier signed an agreement with, or work commenced for the subcontractor. 3. Section 3-Qualified Contracts: The LCA is required to conduct a presentation of the requirements and labor hour benchmarks of Section 3 during the Pre-Bid Meeting. In addition, during the bid evaluations, the LCA will include a Section 3 analysis to determine each bidder’s Section 3 Responsiveness and provide GMU with a copy of their evaluation. A standard-format evaluation form is available for reference and use during the evaluation process. 4. Contractor Eligibility: Prior to awarding a contract for construction, the LCA must ensure the contractor is eligible to receive federal funds, and that the contractor’s license is current and active as part of the LCA bid evaluation process. The eligibility check includes: 1. Obtaining the state license number of each bidder and proposed sub-contractor 2. Contact the CA Contractor State License Board on-line at http://www.cslb.ca.gov 3. Enter the contractor’s license number and click on “Check License” 4. The License Detail page will display; Business Information, License Status, Personnel List, etc. 5. Print a copy of this page to assist in completing the contractor’s eligibility verification. a. First, access the CA Department of Industrial Relations website: i. at https://www.dir.ca.gov/dlse/debar.html to ensure that the contractor is not debarred b. Next, access the Federal List of Parties Excluded from receiving federal funds on-line at https://sam.gov/content/exclusions 6. Print the results of your search and place a copy in the contractor’s Labor Standards Enforcement File 5. Contractor Acknowledgement: By signing this form the contractor(s) acknowledges that this project is federally-funded and the prevailing wage requirements of the Davis-Bacon and Related Acts will be administered, monitored, and enforced by the LCA, or their assigned representative. 6. Federal Labor Standards Provisions: A copy of the current HUD-4010 form that outlines the labor requirements for each contractor must be included in the bid specifications for all formal competitive bids, or physically attached to each Prime Contract awarded for informal contracts under $25,000. The Prime Contractor must attach a current copy of the HUD-4010 form to each subcontract. 7. Federal Wage Decision: A copy of the current Wage Decision that identifies the minimum hourly wage and fringe benefit payments to workers must also be included in the bid specifications for all formal competitive bids, or physically attached to each Prime Contract awarded for informal contracts under $2,000. The Prime Contractor must attach a copy of the applicable Wage Decision and HUD-4010 form to each subcontractor ARCA to ensure that each sub and lower- tier contractor was informed of his/her obligation to pay prevailing hourly wages and fringe benefits to workers each week. 8. Contractor’s Acknowledgement: To pay workers each week no less than the hourly wage and fringe benefits rates identified in the assigned wage decision. 9. Notice of Contract Award: Within 10-days of the award date, a Notice of Contract Award letter must sent to the Office of Federal Contract Compliance Programs (OFCCP) at the address below for contracts awarded in the amount of $10,000 or more. Place a copy of the signed letter in the project file. U.S. Department of Labor, Office of Federal Contract Compliance Programs 1640 South Sepulveda Boulevard, Suite 440 Los Angeles, CA 90024 1293492.1 APPENDIX B CURB RAMP PLANS 57 10 60 71 60 57 142 60 57 1 DATE: ISSUED FOR BIDS 03/25/24 2 “” “” “” DATE: ISSUED FOR BIDS 03/25/24 TRUSS COURTLEMON AVENUE 20601 TRUSS COURT DATE: ISSUED FOR BIDS 03/25/24 3 LEMON AVENUE TRUSS COURT20616 TRUSS COURT DATE: ISSUED FOR BIDS 03/25/24 4 CLEARSPRING COURTLEMON AVENUE 1271 LEMON AVENUE DATE: ISSUED FOR BIDS 03/25/24 5 LEMON AVENUECLEARSPRING COURT1245 LEMON AVENUE DATE: ISSUED FOR BIDS 03/25/24 6 WINDWOOD DRIVEWASHINGTON AVENUE 711 WINDWOOD DRIVE DATE: ISSUED FOR BIDS 03/25/24 7 WINDWOOD DRIVEWASHINGTON AVENUE 21107 RAINWOOD DRIVE DATE: ISSUED FOR BIDS 03/25/24 8 WINDWOOD DRIVEWASHINGTON AVENUE 711 WINDWOOD DRIVE 21107 RAINWOOD DRIVE DATE: ISSUED FOR BIDS 03/25/24 9 LEMON AVENUEALDA COURT20600 ALDA COURT DATE: ISSUED FOR BIDS 03/25/24 10 LEMON AVENUE ALDA COURT20601 ALDA COURT DATE: ISSUED FOR BIDS 03/25/24 11 GLENTHORPE DRIVEGLENBROOK DRIVE 21065 GLENBROOK DRIVE DATE: ISSUED FOR BIDS 03/25/24 12 GLENBROOK DRIVEGLENTHORPE DRIVE1280 GLENBROOK DRIVE DATE: ISSUED FOR BIDS 03/25/24 13 1293492.1 APPENDIX C CONSTRUCTION & DEMOLITION (C&D) DEBRIS PLAN -1 -09/28/17 City of Diamond Bar Construction & Demolition ( C&D) Debris Plan Required for all covered projects, 1,000 sq. ft or more. The deposit shall be returned, to the applicant, without interest, in total or proportion upon submittal of proof that no less than 75% of the C&D was diverted. Use of unauthorized waste haulers may also result in forfeit of the deposits. Receipts and weight tickets can be submitted to: greendb@diamondbarca.gov  My project complies with Municipal Code §142.0805 for space allocation for recyclables collection. Material Type A Estimated Salvage, Reuse or Recycle B Estimated Disposal (Trash) C Estimated Total Debris Quantity Applicant Self Haul (check) Certified Recycling Facility or Disposal Destination Asphalt & Concrete Brick / Masonry / Tile Cabinets, Doors, Fixtures, Windows (circle all that apply) Cardboard Carpet, Padding / Foam Ceiling Tile (acoustic) Dirt Drywall Landscape Debris Mixed C&D Debris Mixed Inerts Roofing Materials Scrap Metal Stucco Unpainted Wood & Pallets Garbage / Trash Other: TOTAL Complete before obtaining a building, combination or demolition permit. Submit this form and your deposit to the Building and Safety Division located at: 21810 Copley Dr. Diamond Bar, CA. 91765 issuance. Applicant Contact Information: Name _________________________________ Title __________________________ Company _____________________________ Address _______________________________________________ City _______________________ State ____ Zip ____________ Phone _________________________________ Email _______________________________________________________________ rmation: Project Info Permit No. __________________ P roject Address ______________________________________________________________________ Zip ____________________ P roject Type:  New Construction  Addition/Alteration  Demolition Building Type:  Commercial  Residential Estimated Square Feet _______________________________ Estimated Start Date __________/__________/__________ Estimated Completion Date _________/________/________ TO BE FILLED OUT BY CITY STAFF “C&D Deposit” Paid $______________________ Staff Initials _________ Date Paid ____________ Fill out the table with estimated quantities in tons for each material that will be generated by your project. Note: A + B = C To estimate Recycling Rate: (Total A/Total C) x 100 = Recycling % For information on construction and demolition waste management plans contact the City of Diamond Bar Environmental Services at 909.839.7015 or via email to greendb@diamondbarca.gov BIN RENTAL GUIDE 1 Diamond Bar Exclusive Franchise Haulers WASTE MANAGEMENT: For Single-Family Residential Commercial Department-Builders Direct Phone: (866) 445-8296 Email: socalbdr@wm.com Valley Vista Services: For Commercial, Multifamily or new construction Phone: (800)442-6454 Email: JoelSimonian@valleyvistaservices.com Weight tickets and/or receipts can be emailed to: greendb@diamondbarca.gov SELF-HAUL CONSTRUCTION AND DEMOLITION FACILITIES Downtown Diversion 2424 E. Olympic Avenue Los Angeles Hours: Monday-Friday 6-6pm Saturday 6:00 a.m.-2:00 p.m. (213) 612-5005 $87/ton $105 minimum Grand Central Recycling 999 S. Hatcher, City of Industry Hours: Monday-Saturday: 6:00 a.m.-5:00 p.m. Office: 626-961-6291 ext. 5578 Madison Materials 1035 E. 4th Street Santa Ana Hours: Monday-Friday 8-5pm Saturday 8:00 a.m.- 2:00 p.m. (714) 664-0159 $71/ton *$38 minimum CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING FACILITIES IN LOS ANGELES COUNTY Company Name & Address Phone Number Materials Accepted Recycling Business Hours Rate WASTE MANAGEMENT INC.(661) 947-7197 C&D debris: wood, metal,78.14% LANCASTER LANDFILL Mon - Fri, 9am - 3:30pm drywall, cardboard, rock, soil, 600 East Avenue F Sat 8am - 12pm gravel, asphalt, concrete Lancaster ARROW TRANSIT MIX, INC.(661) 945-7600 Asphalt, concrete, concrete 100% 507 East Avenue L-12 Mon - Fri, 7am - 4pm blocks, gravel, rocks Lancaster BURRTEC SERVICES (866) 270-5370 C&D debris: wood, metal,65% Mon - Fri, 7am - 5pm drywall, cardboard, rock, soil, gravel, asphalt, concrete REPUBLIC SERVICES (800) 299-4898 C&D debris: wood, metal,65% Mon - Fri, 7am - 5pm drywall, cardboard, rock, soil, gravel, asphalt, concrete SOUTHERN CALIFORNIA DISPOSAL (310) 828-6444 C&D debris: wood, metal,65% 1908 Frank Street Mon - Sat, 6am - 2pm drywall, cardboard, rock, soil, Santa Monica gravel, asphalt, concrete AMERICAN RECLAMATION (323) 245-0125 C&D debris: wood, metal,82.01% 4560 Doran Street Mon - Fri, 7am - 5pm drywall, cardboard, rock, soil, Los Angeles (near Glendale)Sat, 7am - 3pm gravel, asphalt, concrete BRADLEY EAST TRANSFER STATION (818) 767-6180 Wood, tree trimmings,100% 9227 Tujunga Avenue Mon - Fri, 7am - 5pm green waste Sun Valley RECOLOGY LOS ANGELES formerly CROWN DISPOSAL (818) 767-6000 C&D debris: wood, metal, drywall,70% 9147 DeGarmo Avenue open 24 hours, 7 days cardboard, rock, soil, green waste Sun Valley gravel, asphalt, concrete EAST VALLEY DIVERSION - WM (818) 252-0019 C&D debris: wood, metal,75.17% 11616 Sheldon Street Mon - Fri, 6am - 6pm drywall, cardboard, rock, soil, Sun Valley Sat, 6am - 3pm gravel, asphalt, concrete NORTH HILLS RECYCLING (818) 364-1278 Brush, logs, plants,100% 11700 Blucher Avenue Mon - Sat, 6am - 6pm tree trimmings, and Granada Hills clean lumber RAMCO (818) 767-0700 Asphalt, concrete, gravel,100% 9005 Bradley Avenue 24 hours, 6am Monday rock, and sand. No dirt Sun Valley until 4pm Saturday ANTELOPE VALLEY SANTA CLARITA VALLEY SAN FERNANDO VALLEY SANTA MONICA and WESTERN LOS ANGELES COUNTY CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING FACILITIES IN LOS ANGELES COUNTY Company Name & Address Phone Number Materials Accepted Recycling Business Hours Rate THE REUSE PEOPLE (818) 244-5635 Architectural salvage 100% 3015 Dolores Street Mon - Fri, 10am - 5pm Los Angeles (near Glendale)Sat, 10am - 4pm VALLEY BASE MATERIALS (818) 767-3088 Asphalt, concrete, 100% 8960 Bradley Avenue open 24 hours, 7 days concrete block, Sun Valley gravel, rock VULCAN MATERIALS (818) 983-0146 Asphalt grindings, concrete 100% 11401 West Tuxford Street Mon - Fri, 6:30am-2:30pm Sun Valley CONSTRUCTION & DEMOLITION (323) 357-6900 C&D debris: wood, metal,79.72% RECYCLING, INC.Mon - Fri, 4am - 4pm drywall, cardboard, rock, soil, 9309 Rayo Avenue Sat, 4am - 4pm gravel, asphalt, concrete South Gate DAN COPP CRUSHING (800) DUMPSITE Asphalt, concrete, gravel, rock 100% 12017 Greenstone Avenue Mon - Fri, 7am - 3:30pm Santa Fe Springs Sat, 7am - 1pm GREENCYCLE (562) 906-5223 Wood, soil, and greenwaste 100% 12815 East Imperial Highway Mon - Fri, 6:30am - 5pm including palm and yucca Santa Fe Springs Sat, 7am - 5pm PASADENA ARCHITECTURAL (626) 535-9655 Architectural salvage 100% SALVAGE Tue - Sat, 9am - 5pm 2600 East Foothill Boulevard Sun, 12pm - 5pm Pasadena PECK ROAD GRAVEL (626) 574-1855 Asphalt, concrete, brick 100% 128 East Live Oak Avenue Mon - Fri, 6am - 4:30pm Monrovia Sat, 6:00am-2:30pm SILVERLAKE ARCHITECTURAL (626) 445-1092 Architectural salvage 100% SALVAGE Daily, 11am - 5pm 169 Cook Street Pasadena RECYCLED WOOD PRODUCTS (909) 868-6882 Green waste, soil 100% 1313 East Phillips Boulevard Mon - Fri, 7am - 5pm Pomona Sat, 7am - 1pm 25TH STREET RECYCLING (323) 583-7913 Concrete, concrete block, 100% 2121 East 25th Street Mon - Fri, 6:30am - 11pm asphalt Los Angeles Sat, 6am - 6pm CALIFORNIA WASTE SERVICES (800) 839-5550 C&D debris: wood, metal,74.99% 621 West 152nd Street Mon - Fri, 6am - 10pm drywall, cardboard, rock, soil, Gardena Sat, 7am - 7pm gravel, asphalt, concrete DIRECT DISPOSAL (323) 262-1604 C&D debris: wood, metal,76.39% 3720 Noakes Street Mon - Fri, 5am - 4pm drywall, cardboard, rock, soil, Los Angeles (East L. A.)Sat, 6am - 11am gravel, asphalt, concrete CITY OF LOS ANGELES AND CENTRAL LOS ANGELES COUNTY SAN GABRIEL VALLEY and SOUTHEAST LOS ANGELES COUNTY CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING FACILITIES IN LOS ANGELES COUNTY Company Name & Address Phone Number Materials Accepted Recycling Business Hours Rate DOWNTOWN DIVERSION - WM (213) 612-5005 C&D debris: wood, metal,77.08% 2424 East Olympic Boulevard, Bldg. 3 Mon - Fri, 6am - 6pm drywall, cardboard, rock, soil, Los Angeles Sat, 6am - 3pm gravel, asphalt, concrete FREEWAY BUILDING MATERIALS (323) 261-8904 Architectural salvage 100% 1124 South Boyle Avenue Mon - Fri, 8am - 4pm Los Angeles Sat, 8am - 3pm SOUTHERN CALIFORNIA (213) 623-3119 Architectural salvage 100% ARCHITECTURAL SALVAGE Mon - Fri, 8am - 5pm 1600 South Santa Fe Avenue Sat - Sun, 9:30am - 3pm Los Angeles ALLIED WASTE FALCON (562) 590-8531 C&D debris: wood, metal,65% 3031 East "I" Street Mon - Fri, 6am - 6pm drywall, cardboard, rock, soil, Wilmington Sat, 6am - 2pm gravel, asphalt, concrete HANSON AGGREGATES (626) 856-6700 Option 1 Asphalt, concrete 100% 6956 Cherry Avenue Mon - Fri, 7am - 3:30pm North Long Beach Sat. 7am -2pm HANSON AGGREGATES (626) 856-6700 Option 1 Asphalt, concrete 100% 2850 California Avenue Mon - Fri, 7am - 3:30pm South Long Beach Updated January 18, 2017 CITY OF LONG BEACH and SOUTHERN LOS ANGELES COUNTY If you are a recycling company and you would like to be added to the database, or you have information to update the existing list, please call the Construction & Demolition Unit at (626) 458-3517 The companies listed and the information presented are subject to change without notice and are based on the most readily available information. The companies listed are not endorsed or recommended by the County, nor is the list necessarily inclusive of all recycling companies in the region. All Recycling Rates are based on the City of Los Angeles List and County of Los Angeles Data Research. 1293492.1 APPENDIX D PREVAILING WAGE RATES "General Decision Number: CA20240022 04/12/2024 Superseded General Decision Number: CA20230022 State: California Construction Types: Building, Heavy (Heavy and Dredging) and Highway County: Los Angeles County in California. BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(1). ______________________________________________________________ |If the contract is entered |. Executive Order 14026 | |into on or after January 30, | generally applies to the | |2022, or the contract is | contract. | |renewed or extended (e.g., an |. The contractor must pay | |option is exercised) on or | all covered workers at | |after January 30, 2022: | least $17.20 per hour (or | | | the applicable wage rate | | | listed on this wage | | | determination, if it is | | | higher) for all hours | | | spent performing on the | | | contract in 2024. | |______________________________|_____________________________| |If the contract was awarded on|. Executive Order 13658 | |or between January 1, 2015 and| generally applies to the | |January 29, 2022, and the | contract. | |contract is not renewed or |. The contractor must pay all| |extended on or after January | covered workers at least | |30, 2022: | $12.90 per hour (or the | | | applicable wage rate listed| | | on this wage determination,| | | if it is higher) for all | | | hours spent performing on | | | that contract in 2024. | |______________________________|_____________________________| The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/05/2024 1 01/12/2024 2 02/02/2024 3 02/09/2024 4 02/23/2024 5 03/08/2024 6 04/12/2024 ASBE0005-002 09/01/2023 Rates Fringes Asbestos Workers/Insulator (Includes the application of all insulating materials, protective coverings, coatings, and finishes to all types of mechanical systems).....$ 49.58 25.27 Fire Stop Technician (Application of Firestopping Materials for wall openings and penetrations in walls, floors, ceilings and curtain walls)...........................$ 36.97 20.36 ---------------------------------------------------------------- ASBE0005-004 07/04/2022 Rates Fringes Asbestos Removal worker/hazardous material handler (Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials from mechanical systems, whether they contain asbestos or not)....$ 23.52 13.37 ---------------------------------------------------------------- BOIL0092-003 01/01/2024 Rates Fringes BOILERMAKER......................$ 51.98 42.11 ---------------------------------------------------------------- * BRCA0004-007 05/01/2020 Rates Fringes BRICKLAYER; MARBLE SETTER........$ 41.53 19.48 *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 ($3.00) above the standard San Bernardino/Riverside County hourly wage rate ---------------------------------------------------------------- BRCA0018-004 06/01/2022 Rates Fringes MARBLE FINISHER..................$ 37.87 14.13 TILE FINISHER....................$ 32.44 12.54 TILE LAYER.......................$ 45.05 18.33 ---------------------------------------------------------------- BRCA0018-010 09/01/2022 Rates Fringes TERRAZZO FINISHER................$ 38.37 14.13 TERRAZZO WORKER/SETTER...........$ 46.49 14.66 ---------------------------------------------------------------- CARP0213-001 07/01/2021 Rates Fringes CARPENTER (1) Carpenter, Cabinet Installer, Insulation Installer, Hardwood Floor Worker and acoustical installer...................$ 51.60 16.28 (2) Millwright..............$ 52.10 16.48 (3) Piledrivermen/Derrick Bargeman, Bridge or Dock Carpenter, Heavy Framer, Rock Bargeman or Scowman, Rockslinger, Shingler (Commercial)................$ 51.73 16.28 (4) Pneumatic Nailer, Power Stapler...............$ 51.85 16.28 (5) Sawfiler...............$ 51.69 16.28 (6) Scaffold Builder.......$ 42.80 16.28 (7) Table Power Saw Operator....................$ 51.70 16.28 FOOTNOTE: Work of forming in the construction of open cut sewers or storm drains, on operations in which horizontal lagging is used in conjunction with steel H-Beams driven or placed in pre- drilled holes, for that portion of a lagged trench against which concrete is poured, namely, as a substitute for back forms (which work is performed by piledrivers): $0.13 per hour additional. ---------------------------------------------------------------- CARP0213-002 07/01/2021 Rates Fringes Diver (1) Wet.....................$ 834.40 16.28 (2) Standby.................$ 445.84 16.28 (3) Tender..................$ 437.84 16.28 (4) Assistant Tender........$ 413.84 16.28 Amounts in ""Rates' column are per day ---------------------------------------------------------------- CARP0213-004 07/01/2021 Rates Fringes Drywall DRYWALL INSTALLER/LATHER....$ 51.60 16.28 STOCKER/SCRAPPER............$ 22.16 8.62 ---------------------------------------------------------------- CARP0721-001 07/01/2021 Rates Fringes Modular Furniture Installer......$ 21.85 7.15 ---------------------------------------------------------------- ELEC0011-004 06/30/2023 Rates Fringes ELECTRICIAN (INSIDE ELECTRICAL WORK) Journeyman Electrician......$ 60.80 3%+29.77 ELECTRICIAN (INTELLIGENT TRANSPORTATION SYSTEMS Street Lighting, Traffic Signals, CCTV,and Underground Systems) Journeyman Transportation Electrician.................$ 60.80 3%+29.77 Technician..................$ 45.60 3%+29.77 FOOT NOTE: CABLE SPLICER & INSTRUMENT PERSON: Recieve 5% additional per hour above Journeyman Electrician basic hourly rate. TUNNEL WORK: 10% additional per hour. SCOPE OF WORK - TRANSPORTATION SYSTEMS ELECTRICIAN: Installation of street lights and traffic signals,including electrical circuitry, programmable controllers, pedestal-mounted electrical meter enclosures and laying of pre-assembled multi-conductor cable in ducts, layout of electrical systems and communication installation, including proper position of trench depths and radius at duct banks, location for man holes, pull boxes, street lights and traffic signals. Installation of underground ducts for electrical,telephone, cable television and communication systems. Pulling,termination and splicing of traffic signal and street lighting conductors and electrical systems including interconnect,detector loop, fiber optic cable and video/cable. TECHNICIAN: Distribution of material at job site, manual excavation and backfill, installation of system conduits and raceways for electrical, telephone, cable television and communication systems. Pulling, terminating and splicing of traffic signal and street lighting conductors and electrical systems including interconnect, detector loop, fiber optic cable and video/data. ---------------------------------------------------------------- * ELEC0011-007 01/01/2024 COMMUNICATIONS & SYSTEMS WORK (excludes any work on Intelligent Transportation Systems or CCTV highway systems) Rates Fringes Communications System Installer...................$ 46.47 3%+17.08 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. 2. Fire Alarms-Open Wire Systems: installed by the Technician. ---------------------------------------------------------------- ELEC1245-001 06/01/2022 Rates Fringes LINE CONSTRUCTION (1) Lineman; Cable splicer..$ 64.40 22.58 (2) Equipment specialist (operates crawler tractors, commercial motor vehicles, backhoes, trenchers, cranes (50 tons and below), overhead & underground distribution line equipment).............$ 50.00 21.30 (3) Groundman...............$ 38.23 20.89 (4) Powderman...............$ 51.87 18.79 HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and day after Thanksgiving, Christmas Day ---------------------------------------------------------------- ELEV0018-001 01/01/2024 Rates Fringes ELEVATOR MECHANIC................$ 66.63 37.885+a+b FOOTNOTE: a. 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. b. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day. ---------------------------------------------------------------- ENGI0012-004 08/01/2023 Rates Fringes OPERATOR: Power Equipment (DREDGING) (1) Leverman................$ 64.10 34.60 (2) Dredge dozer............$ 58.13 34.60 (3) Deckmate................$ 58.02 34.60 (4) Winch operator (stern winch on dredge)............$ 57.47 34.60 (5) Fireman-Oiler, Deckhand, Bargeman, Leveehand...................$ 56.93 34.60 (6) Barge Mate..............$ 57.54 34.60 ---------------------------------------------------------------- ENGI0012-024 07/01/2023 Rates Fringes OPERATOR: Power Equipment (All Other Work) GROUP 1....................$ 53.90 32.80 GROUP 2....................$ 54.68 32.80 GROUP 3....................$ 54.97 32.80 GROUP 4....................$ 56.46 32.80 GROUP 6....................$ 56.68 32.80 GROUP 8....................$ 56.79 32.80 GROUP 10....................$ 56.91 32.80 GROUP 12....................$ 57.08 32.80 GROUP 13....................$ 57.18 32.80 GROUP 14....................$ 57.21 32.80 GROUP 15....................$ 57.29 32.80 GROUP 16....................$ 57.41 32.80 GROUP 17....................$ 57.58 32.80 GROUP 18....................$ 57.68 32.80 GROUP 19....................$ 57.79 32.80 GROUP 20....................$ 57.91 32.80 GROUP 21....................$ 58.08 32.80 GROUP 22....................$ 58.18 32.80 GROUP 23....................$ 58.29 32.80 GROUP 24....................$ 58.41 32.80 GROUP 25....................$ 58.58 32.80 OPERATOR: Power Equipment (Cranes, Piledriving & Hoisting) GROUP 1....................$ 55.25 32.80 GROUP 2....................$ 56.03 32.80 GROUP 3....................$ 56.32 32.80 GROUP 4....................$ 56.46 32.80 GROUP 5....................$ 56.68 32.80 GROUP 6....................$ 56.79 32.80 GROUP 7....................$ 56.91 32.80 GROUP 8....................$ 57.08 32.80 GROUP 9....................$ 57.25 32.80 GROUP 10....................$ 58.25 32.80 GROUP 11....................$ 59.25 32.80 GROUP 12....................$ 60.25 32.80 GROUP 13....................$ 61.25 32.80 OPERATOR: Power Equipment (Tunnel Work) GROUP 1....................$ 55.75 32.80 GROUP 2....................$ 56.53 32.80 GROUP 3....................$ 56.82 32.80 GROUP 4....................$ 56.96 32.80 GROUP 5....................$ 57.18 32.80 GROUP 6....................$ 57.29 32.80 GROUP 7....................$ 57.41 32.80 PREMIUM PAY: $10.00 per hour shall be paid on all Power Equipment Operator work on the followng Military Bases: China Lake Naval Reserve, Vandenberg AFB, Point Arguello, Seely Naval Base, Fort Irwin, Nebo Annex Marine Base, Marine Corp Logistics Base Yermo, Edwards AFB, 29 Palms Marine Base and Camp Pendleton Workers required to suit up and work in a hazardous material environment: $2.00 per hour additional. Combination mixer and compressor operator on gunite work shall be classified as a concrete mobile mixer operator. SEE ZONE DEFINITIONS AFTER CLASSIFICATIONS POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch Witch, with seat or similar type equipment; Elevator operator-inside; Engineer Oiler; Forklift operator (includes loed, lull or similar types under 5 tons; Generator operator; Generator, pump or compressor plant operator; Pump operator; Signalman; Switchman GROUP 2: Asphalt-rubber plant operator (nurse tank operator);Coil Tubing Rig 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);Direct Push Operator (Geoprobe or similar types) Drilling machine operator, small auger types (Texoma super economatic or similar types - Hughes 100 or 200 or similar types - drilling depth of 30' maximum); Equipment greaser (grease truck); Guard rail post driver operator; Highline cableway signalman; Hydra-hammer-aero stomper; Micro Tunneling (above ground tunnel); Power concrete curing machine operator; Power concrete saw operator; Power-driven jumbo form setter operator; Power sweeper operator; Rock Wheel Saw/Trencher; Roller operator (compacting); Screed operator (asphalt or concrete); Trenching machine operator (up to 6 ft.); Vacuum or much truck 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 types; Cable Bundling Machine Operator (excluding handheld); Cable Trenching Machine Operator (Spider Plow or similar types) 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); Pumpcrete gun operator; RCM Cementing Unit Operator, Rail/Switch Grinder Operator (Harsco or similar types) 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 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 12: Auto grader operator; Automatic slip form operator; Drilling machine operator, bucket or auger types (Calweld, auger 200 CA or similar types - Watson, auger 6000 or similar types - Hughes Super Duty, auger 200 or similar types - drilling depth of 175' maximum); Hoe ram or similar with compressor; Mass excavator operator less tha 750 cu. yards; Mechanical finishing machine operator; Mobile form traveler operator; Motor patrol operator (multi-engine); Pipe mobile machine operator; Rubber-tired earth- moving equipment operator (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck); Rubber-tired self- loading scraper operator (paddle-wheel-auger type self-loading - two (2) or more units) GROUP 13: Rubber-tired earth-moving equipment operator operating equipment with push-pull system (single engine, up to and including 25 yds. struck) GROUP 14: Canal liner operator; Canal trimmer operator; Remote- control earth-moving equipment operator (operating a second piece of equipment: $1.00 per hour additional); Wheel excavator operator (over 750 cu. yds.) GROUP 15: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine-up to and including 25 yds. struck) GROUP 16: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, over 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 17: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 50 cu. yds. struck); Tandem tractor operator (operating crawler type tractors in tandem - Quad 9 and similar type) GROUP 18: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, up to and including 25 yds. struck) GROUP 19: Rotex concrete belt operator (or similar types); Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds.and up to and including 50 cu. yds. struck); Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, up to and including 25 yds. struck) GROUP 20: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, over 50 yds. struck); Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps, and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 21: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) GROUP 22: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, up to and including 25 yds. struck) GROUP 23: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber-tired earth-moving equipment operator, operating with the tandem push-pull system (multiple engine, up to and including 25 yds. struck) GROUP 24: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, over 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 25: Concrete pump operator-truck mounted; Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck); Spyder Excavator Operator, with all attachments CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS GROUP 1: Engineer oiler; Fork lift operator (includes loed, lull or similar types) GROUP 2: Truck crane oiler GROUP 3: A-frame or winch truck operator; Ross carrier operator (jobsite) GROUP 4: Bridge-type unloader and turntable operator; Helicopter hoist operator GROUP 5: Hydraulic boom truck; Stinger crane (Austin-Western or similar type); Tugger hoist operator (1 drum) GROUP 6: Bridge crane operator; Cretor crane operator; Hoist operator (Chicago boom and similar type); Lift mobile operator; Lift slab machine operator (Vagtborg and similar types); Material hoist and/or manlift operator; Polar gantry crane operator; Self Climbing scaffold (or similar type); Shovel, backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cu. yds. mrc); Tower crane repair; Tugger hoist operator (3 drum) GROUP 8: Crane operator (up to and including 25 ton capacity); Crawler transporter operator; Derrick barge operator (up to and including 25 ton capacity); Hoist operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity); Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds., M.R.C.) GROUP 9: Crane operator (over 25 tons and up to and including 50 tons mrc); Derrick barge operator (over 25 tons up to and including 50 tons mrc); Highline cableway operator; Hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including 50 tons mrc); K-crane operator; Polar crane operator; Self erecting tower crane operator maximum lifting capacity ten tons GROUP 10: Crane operator (over 50 tons and up to and including 100 tons mrc); Derrick barge operator (over 50 tons up to and including 100 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to and including 100 tons mrc), Mobile tower crane operator (over 50 tons, up to and including 100 tons M.R.C.); 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) ; Tower crane operator and tower gantry 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); Pumpcrete gun operator; Tractor compressor drill combination operator; Tugger hoist operator (2 drum); Tunnel locomotive operator (over 30 tons) GROUP 6: Heavy Duty Repairman GROUP 7: Tunnel mole boring machine operator ENGINEERS ZONES $1.00 additional per hour for all of IMPERIAL County and the portions of KERN, RIVERSIDE & SAN BERNARDINO Counties as defined below: That area within the following Boundary: Begin in San Bernardino County, approximately 3 miles NE of the intersection of I-15 and the California State line at that point which is the NW corner of Section 1, T17N,m R14E, San Bernardino Meridian. Continue W in a straight line to that point which is the SW corner of the northwest quarter of Section 6, T27S, R42E, Mt. Diablo Meridian. Continue North to the intersection with the Inyo County Boundary at that point which is the NE corner of the western half of the northern quarter of Section 6, T25S, R42E, MDM. Continue W along the Inyo and San Bernardino County boundary until the intersection with Kern County, as that point which is the SE corner of Section 34, T24S, R40E, MDM. Continue W along the Inyo and Kern County boundary until the intersection with Tulare County, at that point which is the SW corner of the SE quarter of Section 32, T24S, R37E, MDM. Continue W along the Kern and Tulare County boundary, until that point which is the NW corner of T25S, R32E, MDM. Continue S following R32E lines to the NW corner of T31S, R32E, MDM. Continue W to the NW corner of T31S, R31E, MDM. Continue S to the SW corner of T32S, R31E, MDM. Continue W to SW corner of SE quarter of Section 34, T32S, R30E, MDM. Continue S to SW corner of T11N, R17W, SBM. Continue E along south boundary of T11N, SBM to SW corner of T11N, R7W, SBM. Continue S to SW corner of T9N, R7W, SBM. Continue E along south boundary of T9N, SBM to SW corner of T9N, R1E, SBM. Continue S along west boundary of R1E, SMB to Riverside County line at the SW corner of T1S, R1E, SBM. Continue E along south boundary of T1s, SBM (Riverside County Line) to SW corner of T1S, R10E, SBM. Continue S along west boundary of R10E, SBM to Imperial County line at the SW corner of T8S, R10E, SBM. Continue W along Imperial and Riverside county line to NW corner of T9S, R9E, SBM. Continue S along the boundary between Imperial and San Diego Counties, along the west edge of R9E, SBM to the south boundary of Imperial County/California state line. Follow the California state line west to Arizona state line, then north to Nevada state line, then continuing NW back to start at the point which is the NW corner of Section 1, T17N, R14E, SBM $1.00 additional per hour for portions of SAN LUIS OBISPO, KERN, SANTA BARBARA & VENTURA as defined below: That area within the following Boundary: Begin approximately 5 miles north of the community of Cholame, on the Monterey County and San Luis Obispo County boundary at the NW corner of T25S, R16E, Mt. Diablo Meridian. Continue south along the west side of R16E to the SW corner of T30S, R16E, MDM. Continue E to SW corner of T30S, R17E, MDM. Continue S to SW corner of T31S, R17E, MDM. Continue E to SW corner of T31S, R18E, MDM. Continue S along West side of R18E, MDM as it crosses into San Bernardino Meridian numbering area and becomes R30W. Follow the west side of R30W, SBM to the SW corner of T9N, R30W, SBM. Continue E along the south edge of T9N, SBM to the Santa Barbara County and Ventura County boundary at that point whch is the SW corner of Section 34.T9N, R24W, SBM, continue S along the Ventura County line to that point which is the SW corner of the SE quarter of Section 32, T7N, R24W, SBM. Continue E along the south edge of T7N, SBM to the SE corner to T7N, R21W, SBM. Continue N along East side of R21W, SBM to Ventura County and Kern County boundary at the NE corner of T8N, R21W. Continue W along the Ventura County and Kern County boundary to the SE corner of T9N, R21W. Continue North along the East edge of R21W, SBM to the NE corner of T12N, R21W, SBM. Continue West along the north edge of T12N, SBM to the SE corner of T32S, R21E, MDM. [T12N SBM is a think strip between T11N SBM and T32S MDM]. Continue North along the East side of R21E, MDM to the Kings County and Kern County border at the NE corner of T25S, R21E, MDM, continue West along the Kings County and Kern County Boundary until the intersection of San Luis Obispo County. Continue west along the Kings County and San Luis Obispo County boundary until the intersection with Monterey County. Continue West along the Monterey County and San Luis Obispo County boundary to the beginning point at the NW corner of T25S, R16E, MDM. $2.00 additional per hour for INYO and MONO Counties and the Northern portion of SAN BERNARDINO County as defined below: That area within the following Boundary: Begin at the intersection of the northern boundary of Mono County and the California state line at the point which is the center of Section 17, T10N, R22E, Mt. Diablo Meridian. Continue S then SE along the entire western boundary of Mono County, until it reaches Inyo County at the point which is the NE corner of the Western half of the NW quarter of Section 2, T8S, R29E, MDM. Continue SSE along the entire western boundary of Inyo County, until the intersection with Kern County at the point which is the SW corner of the SE 1/4 of Section 32, T24S, R37E, MDM. Continue E along the Inyo and Kern County boundary until the intersection with San Bernardino County at that point which is the SE corner of section 34, T24S, R40E, MDM. Continue E along the Inyo and San Bernardino County boundary until the point which is the NE corner of the Western half of the NW quarter of Section 6, T25S, R42E, MDM. Continue S to that point which is the SW corner of the NW quarter of Section 6, T27S, R42E, MDM. Continue E in a straight line to the California and Nevada state border at the point which is the NW corner of Section 1, T17N, R14E, San Bernardino Meridian. Then continue NW along the state line to the starting point, which is the center of Section 18, T10N, R22E, MDM. REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE ---------------------------------------------------------------- IRON0433-006 01/01/2024 Rates Fringes IRONWORKER Fence Erector...............$ 42.53 26.26 Ornamental, Reinforcing and Structural..............$ 47.45 34.90 PREMIUM PAY: $9.00 additional per hour at the following locations: China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland, Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center-Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock ---------------------------------------------------------------- LABO0300-001 07/01/2022 Rates Fringes Brick Tender.....................$ 37.32 21.45 ---------------------------------------------------------------- LABO0300-003 07/01/2022 Rates Fringes LABORER (TUNNEL) GROUP 1.....................$ 45.68 23.30 GROUP 2.....................$ 46.00 23.30 GROUP 3.....................$ 46.46 23.30 GROUP 4.....................$ 47.15 23.30 LABORER GROUP 1.....................$ 36.39 21.04 GROUP 2.....................$ 36.94 21.04 GROUP 3.....................$ 37.49 21.04 GROUP 4.....................$ 39.04 21.04 GROUP 5.....................$ 39.39 21.04 LABORER CLASSIFICATIONS GROUP 1: Cleaning and handling of panel forms; Concrete screeding for rough strike-off; Concrete, water curing; Demolition laborer, the cleaning of brick if performed by a worker performing any other phase of demolition work, and the cleaning of lumber; Fire watcher, limber, brush loader, piler and debris handler; Flag person; Gas, oil and/or water pipeline laborer; Laborer, asphalt-rubber material loader; Laborer, 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 and similar type; Impact wrench multi-plate; Kettle person, pot person and workers applying asphalt, lay-kold, creosote, lime caustic and similar type materials (""applying"" means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing); Operator of pneumatic, gas, electric tools, vibrating machine, pavement breaker, air blasting, come-alongs, and similar mechanical tools not separately classified herein; Pipelayer's backup person, coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; Rock slinger; Rotary scarifier or multiple head concrete chipping scarifier; Steel headerboard and guideline setter; Tamper, Barko, Wacker and similar type; Trenching machine, hand-propelled GROUP 4: Asphalt raker, lute person, ironer, asphalt dump person, and asphalt spreader boxes (all types); Concrete core cutter (walls, floors or ceilings), grinder or sander; Concrete saw person, cutting walls or flat work, scoring old or new concrete; Cribber, shorer, lagging, sheeting and trench bracing, hand-guided lagging hammer; Head rock slinger; Laborer, asphalt- rubber distributor boot person; Laser beam in connection with laborers' work; Oversize concrete vibrator operator, 70 lbs. and over; Pipelayer performing all services in the laying and installation of pipe from the point of receiving pipe in the ditch until completion of operation, including any and all forms of tubular material, whether pipe, metallic or non-metallic, conduit and any other stationary type of tubular device used for the conveying of any substance or element, whether water, sewage, solid gas, air, or other product whatsoever and without regard to the nature of material from which the tubular material is fabricated; No-joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster (nozzle person), water blasting, Porta Shot-Blast GROUP 5: Blaster powder, all work of loading holes, placing and blasting of all powder and explosives of whatever type, regardless of method used for such loading and placing; Driller: All power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all other types of mechanical drills without regard to the form of motive power; Toxic waste removal TUNNEL LABORER CLASSIFICATIONS GROUP 1: Batch plant laborer; Changehouse person; Dump person; Dump person (outside); Swamper (brake person and switch person on tunnel work); Tunnel materials handling person; Nipper; Pot tender, using mastic or other materials (for example, but not by way of limitation, shotcrete, etc.) GROUP 2: Chucktender, cabletender; Loading and unloading agitator cars;; Vibrator person, jack hammer, pneumatic tools (except driller); Bull gang mucker, track person; Concrete crew, including rodder and spreader GROUP 3: Blaster, driller, powder person; Chemical grout jet person; Cherry picker person; Grout gun person; Grout mixer person; Grout pump person; Jackleg miner; Jumbo person; Kemper and other pneumatic concrete placer operator; Miner, tunnel (hand or machine); Nozzle person; Operating of troweling and/or grouting machines; Powder person (primer house); Primer person; Sandblaster; Shotcrete person; Steel form raiser and setter; Timber person, retimber person, wood or steel; Tunnel Concrete finisher GROUP 4: Diamond driller; Sandblaster; Shaft and raise work ---------------------------------------------------------------- LABO0300-005 08/01/2022 Rates Fringes Asbestos Removal Laborer.........$ 39.23 23.28 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. ---------------------------------------------------------------- LABO0345-001 07/01/2022 Rates Fringes LABORER (GUNITE) GROUP 1.....................$ 48.50 21.37 GROUP 2.....................$ 47.55 21.37 GROUP 3.....................$ 44.01 21.37 FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a Bosn'n's Chair or suspended from a rope or cable shall receive 40 cents per hour above the foregoing applicable classification rates. Workers doing gunite and/or shotcrete work in a tunnel shall receive 35 cents per hour above the foregoing applicable classification rates, paid on a portal-to-portal basis. Any work performed on, in or above any smoke stack, silo, storage elevator or similar type of structure, when such structure is in excess of 75'-0"" above base level and which work must be performed in whole or in part more than 75'-0"" above base level, that work performed above the 75'-0"" level shall be compensated for at 35 cents per hour above the applicable classification wage rate. GUNITE LABORER CLASSIFICATIONS GROUP 1: Rodmen, Nozzlemen GROUP 2: Gunmen GROUP 3: Reboundmen ---------------------------------------------------------------- LABO1184-001 07/01/2022 Rates Fringes Laborers: (HORIZONTAL DIRECTIONAL DRILLING) (1) Drilling Crew Laborer...$ 40.69 18.25 (2) Vehicle Operator/Hauler.$ 40.86 18.25 (3) Horizontal Directional Drill Operator..............$ 42.71 18.25 (4) Electronic Tracking Locator.....................$ 44.71 18.25 Laborers: (STRIPING/SLURRY SEAL) GROUP 1.....................$ 41.90 21.32 GROUP 2.....................$ 43.20 21.32 GROUP 3.....................$ 45.21 21.32 GROUP 4.....................$ 46.95 21.32 LABORERS - STRIPING CLASSIFICATIONS GROUP 1: Protective coating, pavement sealing, including repair and filling of cracks by any method on any surface in parking lots, game courts and playgrounds; carstops; operation of all related machinery and equipment; equipment repair technician GROUP 2: Traffic surface abrasive blaster; pot tender - removal of all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc.) and preparation of surface for coatings. Traffic control person: controlling and directing traffic through both conventional and moving lane closures; operation of all related machinery and equipment GROUP 3: Traffic delineating device applicator: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating devices including traffic control. This category includes all traffic related surface preparation (sandblasting, waterblasting, grinding) as part of the application process. Traffic protective delineating system installer: removes, relocates, installs, permanently affixed roadside and parking delineation barricades, fencing, cable anchor, guard rail, reference signs, monument markers; operation of all related machinery and equipment; power broom sweeper GROUP 4: Striper: layout and application of traffic stripes and markings; hot thermo plastic; tape traffic stripes and markings, including traffic control; operation of all related machinery and equipment ---------------------------------------------------------------- LABO1414-001 08/03/2022 Rates Fringes LABORER PLASTER CLEAN-UP LABORER....$ 38.92 23.32 PLASTER TENDER..............$ 41.47 23.32 Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- PAIN0036-001 07/01/2023 Rates Fringes Painters: (Including Lead Abatement) (1) Repaint (excludes San Diego County)...............$ 29.59 17.12 (2) All Other Work..........$ 38.52 18.64 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. ---------------------------------------------------------------- * PAIN0036-006 09/01/2023 Rates Fringes DRYWALL FINISHER/TAPER Antelope Valley North of the following Boundary: Kern County Line to Hwy. #5, South on Hwy. #5 to Hwy. N2, East on N2 to Palmdale Blvd., to Hwy. #14, South to Hwy. #18, East to Hwy. #395...........$ 43.75 25.07 Remainder of Los Angeles County......................$ 47.88 25.07 ---------------------------------------------------------------- PAIN0036-015 01/01/2020 Rates Fringes GLAZIER..........................$ 43.45 23.39 FOOTNOTE: Additional $1.25 per hour for work in a condor, from the third (3rd) floor and up Additional $1.25 per hour for work on the outside of the building from a swing stage or any suspended contrivance, from the ground up ---------------------------------------------------------------- PAIN1247-002 01/01/2024 Rates Fringes SOFT FLOOR LAYER.................$ 43.20 18.03 ---------------------------------------------------------------- PLAS0200-009 08/03/2022 Rates Fringes PLASTERER........................$ 47.37 19.64 ---------------------------------------------------------------- PLAS0500-002 07/01/2020 Rates Fringes CEMENT MASON/CONCRETE FINISHER...$ 38.50 25.91 ---------------------------------------------------------------- PLUM0016-001 09/01/2023 Rates Fringes PLUMBER/PIPEFITTER Work ONLY on new additions and remodeling of bars, restaurant, stores and commercial buildings not to exceed 5,000 sq. ft. of floor space.................$ 53.51 25.28 Work ONLY on strip malls, light commercial, tenant improvement and remodel work........................$ 42.49 23.86 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........................$ 57.18 26.51 ---------------------------------------------------------------- PLUM0345-001 09/01/2023 Rates Fringes PLUMBER Landscape/Irrigation Fitter.$ 40.20 25.90 Sewer & Storm Drain Work....$ 44.29 23.28 ---------------------------------------------------------------- ROOF0036-002 08/13/2023 Rates Fringes ROOFER...........................$ 46.02 20.05 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 $1.75 per hour ""pitch premium"" pay. ---------------------------------------------------------------- SFCA0669-013 01/01/2024 DOES NOT INCLUDE THE CITY OF POMONA, CATALINA ISLAND, AND THAT PART OF LOS ANGELES COUNTY WITHIN 25 MILES OF THE CITY LIMITS OF LOS ANGELES: Rates Fringes SPRINKLER FITTER.................$ 45.31 27.91 ---------------------------------------------------------------- SFCA0709-005 09/01/2023 THE CITY OF POMOMA, CATALINA ISLAND, AND THAT PART OF LOS ANGELES COUNTY WITHIN 25 MILES OF THE CITY LIMITS OF LOS ANGELES: Rates Fringes SPRINKLER FITTER (Fire)..........$ 54.29 32.00 ---------------------------------------------------------------- SHEE0105-002 07/01/2023 LOS ANGELES (South of a straight line between Gorman and Big Pines including Catalina Island) Rates Fringes SHEET METAL WORKER (1) Light Commercial: Work on general sheet metal and heating and AC up to 4000 sq ft.......................$ 33.10 10.56 (2) Modernization : Excluding New Construction - Under 5000 sq. ft. Does not include modification, upgrades, energy management, or conservation improvements of central heating and AC equpment....................$ 33.10 10.56 ---------------------------------------------------------------- SHEE0105-003 01/01/2024 LOS ANGELES (South of a straight line drawn between Gorman and Big Pines)and Catalina Island, INYO, KERN (Northeast part, East of Hwy 395), MONO ORANGE, RIVERSIDE, AND SAN BERNARDINO COUNTIES Rates Fringes SHEET METAL WORKER (1) Commercial - New Construction and Remodel work........................$ 56.95 30.04 (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...$ 56.95 30.04 ---------------------------------------------------------------- SHEE0105-004 07/01/2023 KERN (Excluding portion East of Hwy 395) & LOS ANGELES (North of a straight line drawn between Gorman and Big Pines including Cities of Lancaster and Palmdale) COUNTIES Rates Fringes SHEET METAL WORKER...............$ 45.98 29.24 ---------------------------------------------------------------- TEAM0011-002 07/01/2023 Rates Fringes TRUCK DRIVER GROUP 1....................$ 38.19 33.69 GROUP 2....................$ 38.34 33.69 GROUP 3....................$ 38.47 33.69 GROUP 4....................$ 38.66 33.69 GROUP 5....................$ 38.69 33.69 GROUP 6....................$ 38.72 33.69 GROUP 7....................$ 38.97 33.69 GROUP 8....................$ 39.22 33.69 GROUP 9....................$ 39.42 33.69 GROUP 10....................$ 39.72 33.69 GROUP 11....................$ 40.22 33.69 GROUP 12....................$ 40.65 33.69 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.; Dumpcrete 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; Dumpcrete truck, 6-1/2 yds. water level and over; Vehicle or combination of vehicles - 4 or more axles; Oil spreader truck; Dump truck, 16 yds. to 25 yds. water level GROUP 7: A Frame, Swedish crane or similar; Forklift driver; Ross carrier driver GROUP 8: Dump truck, 25 yds. to 49 yds. water level; Truck repair person; Water pull - single engine; Welder GROUP 9: Truck repair person/welder; Low bed driver, 9 axles or over GROUP 10: Dump truck - 50 yds. or more water level; Water pull - single engine with attachment GROUP 11: Water pull - twin engine; Water pull - twin engine with attachments; Winch truck driver - $1.25 additional when operating winch or similar special attachments GROUP 12: Boom Truck 17K and above ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================ Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts. 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) (iii)). ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the 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: 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"