HomeMy WebLinkAbout25H - AGMT - GARFIELD JOINT USEREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
SEPTEMBER 4, 2012
TITLE:
GARFIELD COMMUNITY CENTER
CONSTRUCTION REIMBURSEMENT
AND JOINT USE AGREEMENTS
),CITY MANAGER
,.1
V
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1St Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute the attached Construction
Reimbursement Agreement with the Santa Ana Unified School District (SAUSD) for the
construction of a community center at Garfield Elementary School in an amount not to
exceed $2,375,000, subject to SAUSD Board approval, and non-substantive changes
approved by the City Manager and City Attorney.
2. Authorize the City Manager and Clerk of the Council to execute the attached Joint Use
Agreement with the Santa Ana Unified School District for Garfield Elementary School,
subject to SAUSD Board approval, and non-substantive changes approved by the City
Manager and City Attorney.
3. Approve the project funding as follows: Construction Reimbursement Agreement
$2,375,000, Inspection/Oversight $237,500, and Contingencies $237,500, for a total
estimated cost to the City of $2,850,000.
DISCUSSION
On October 18, 2010, the City Council took several actions pertaining to the financing and
development of a 10,000 square foot community center at Garfield Elementary School, allocating
$2.5 million in Community Development Block Grant (CDBG) funds for the design and
construction of the project, and authorizing staff to negotiate a Joint Use Agreement with the
SAUSD. The concept of a community center evolved out of the extensive outreach effort
conducted for the Station District housing project, and associated Transit Zoning Code. The
proposed community center is being developed in partnership with the SAUSD in conjunction
with renovation and expansion of the subject school facilities (Exhibit A of Exhibit 1
[Reimbursement Agreement]). Since the time of the original funding action, staff has been
working diligently with SAUSD staff to facilitate the project, with SAUSD serving as the lead on
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Garfield Community Center Agreements
September 4, 2012
Page 2
the design and construction process, pursuant to a reimbursement agreement entered into with
SAUSD for the design phase of the center.
Subsequent to receiving the required plan approval from the State Architect's Office, SAUSD
competitively bid the work, with the lowest bid coming in above the school district's original
estimate. After additional value engineering and other cost reducing measures, the estimated
cost (hard and soft) has been lowered to approximately $3,800,000 (includes architectural fees
covered by the existing design services reimbursement agreement). The increase is proposed to
be primarily funded through school district facility funds and also with an increase in CDBG
project funding of $475,000 to cover City inspection, oversight and contingencies (Exhibit 2). In
anticipation of the potential increase in CDBG funding, an amendment to the 2010-2011 Annual
Action Plan has been prepared and is being presented to the City Council for its consideration
this evening as part of a separate agenda item.
Concurrent with the project design, staff facilitated meetings with community members to identify
their needs and priorities for the community center. The top five areas in priority order are:
programs for teens, health, continuing education, dance and seniors. Per the proposed Joint Use
Agreement (Exhibit 3), the first floor of the 10,000 square foot building would be designed as a
multi-purpose room for the school's use during school hours, while the second floor space would
be available at all times, as well as the first floor during after-school hours. The City would also
have use of the school's parking lots at specified times. The City may conduct programs itself or
through a third party. The SAUSD would be responsible for maintenance, repairs and electrical
costs for the first floor, and the City would be responsible for the same with respect to the second
floor.
The subject agreements are scheduled for SAUSD Board consideration September 11, 2012.
Due to the SAUSD's funding requirements, the project must be under contract by September 25,
2012. It is anticipated that construction will commence immediately thereafter and be
substantially completed by the end of 2013.
ENVIRONMENTAL COMPLIANCE
In accordance with the National Environmental Policy Act, a certification of Categorical Exclusion
and Statutory Worksheet has been prepared. The above-described action of the City Council was
evaluated under the California Environmental Quality Act (CEQA) as a component of the
redevelopment project analyzed at a project-specific level in Environmental Impact Report (EIR)
No. 2006-02, adopted by the City Council on June 7, 2010.
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Garfield Community Center Agreements
September 4, 2012
Page 3
FISCAL IMPACT
Funds are available in the Community Development Block Grant account (unit 13518783-69135).
Nancy T. Edwards
Interim Executive Director
Community Development Agency
6-1-r-L-GeFa-rjo M
Executive I
Agency
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Exhibits
n and Community Services
1. Reimbursement Agreement
2. Funding Analysis
3. Joint Use Agreement
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
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AGREEMENT BETWEEN
THE CITY OF SANTA ANA AND
SANTA ANA UNIFIED SCHOOL DISTRICT REGARDING
REIMBURSEMENT OF CONSTRUCTION COSTS
FOR GARFIELD COMMUNITY CENTER
INCORPORATING BLOCK GRANT REQUIREMENTS
This Agreement Between the City of Santa Ana and Santa Ana Unified School District Regarding Reimbursement
of Construction Costs for Garfield Community Center Incorporating Block Grant Requirements ("Agreement") is
made this day of , 2012, by and between the City of Santa Ana, a charter city
and municipal corporation ("City"), and the Santa Ana Unified School District ("District"), a public school district
(collectively, "Parties"; individually "Party").
RECITALS
A. The District is designing and constructing multiple improvements at its Garfield Elementary School site (the
"Project"), as further indicated in the Conceptual Site Plan and Elevations attached hereto and incorporated
herein as Exhibit A.
B. The Project includes a two-story building that the Parties intend to use as a multiple-purpose building and
community center ("MPR/CC") and associated site work and landscaping.
C. The City wishes to reimburse District for a portion of the costs associated with the construction of the MPR/CC
and associated site work and landscaping, in accordance with the mutually agreed to Scope of Work/Budget
attached hereto and incorporated herein as Exhibit B.
D. The City, as an entitlement recipient and grantee of the United States Department of Housing and Urban
Development ("HUD") Community Development Block Grant ("CDBG") Program, desires to enter this
Agreement with the District for the expenditure of CDBG funds in accordance with Title 24, Part 570 of Code
of Federal Regulations 24 CFR 570.000, et seq. ("CDBG Reg's"), to pay for construction costs for the
MPR/CC.
E. The District, pursuant to, without limitation, section 17077.40, et seq. and/or section 17527, et seq., of the
Education Code, is authorized to enter into joint use agreements with other public entities.
F. The Parties intend to also enter into a joint use agreement for the MPR/CC between the City and the District,
that the Parties will approve separate from this Agreement ("Joint Use Agreement"). Upon completion of the
MPR/CC, the District shall permit the City to access the MPR/CC for public use and recreation purposes
pursuant to applicable law and to the Joint Use Agreement as mutually agreed upon by the Parties.
NOW, THEREFORE, the Parties agree as follows:
AGREEMENT
1. Construction of MPR/CC.
A. The District shall cause the MPR/CC to be built per the City approved plans, specifications, and
construction contract, the approval of which shall not be unreasonably withheld. The District or its agents
or representatives, the City and Contractor shall conduct regularly scheduled project meetings as mutually
agreed upon and confer prior to finalizing construction work on the MPR/CC.
B. The Parties have agreed that Balfour Beatty ("Contractor") will be performing all construction services
including, but not limited to, preparation of a construction cost estimate value engineering, as well as actual
construction and associated site work and landscaping of the MPR/CC. Contractor was chosen through a
request-for-qualification process that the Parties believe was a fair, competitive selection process consistent
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with Government Code section 4529.12 and Education Code section 17406 and consistent with the federal
rules of procurement.
C. The City acknowledges that the District is undertaking design and construction of the Project. The
MPR/CC shall be constructed substantially to conform with the Scope of Work attached hereto as Exhibit
A, and incorporated herein by reference.
2. Payment for Construction of the MPR/CC.
A. The City shall pay for a portion of the cost to construct the MPR/CC for the not to exceed amount of
$2,375,000.00, which is part of a broader contract covering the Garfield Elementary School site awarded to
the Contractor. It is acknowledged that there may be change orders which may necessitate District board
and City Council approval, subject to the Parties respective contracting procedures. The City shall make
payment within thirty (30) days following receipt of a proper invoice and documentation detailing the work
performed.
B. The District agrees to ensure that the Contractor separately invoices for its construction of the MPR/CC and
associated site work so that the City can reimburse the construction costs specifically for the MPR/CC and
agreed upon site work.
C. The Parties agree to take all reasonable actions to cooperate to enforce the provisions in this Agreement,
including this provision, if other third party agencies, including the State of California or the County of
Orange, attempt to interpret this Agreement, if including these provisions, contrary to the language herein.
3. Record Drawines/Plans for MPR/CC. District will provide to City a set of record drawings of the MPR/CC
and copies of all contractor-supplied use manuals and warranty information, as applicable.
4. Term/Suspension and Termination.
A. This Agreement shall begin on the date first stated above and terminate on , 20
B. Either Party may terminate this Agreement for its own convenience until construction has started. In the
event of such a termination for convenience by City or of a termination for convenience in accordance with
24 CFR 85.44, District may invoice City and City shall pay its portion for all work and/or services
performed until the City's notice of termination for convenience. Neither Party may terminate for
convenience once physical construction of the MPR/CC begins.
C. If the City breaches this Agreement in any material way, the District may elect to provide written notice to
the City of the breach(es). If the City does not cure the breach(es) within ten (10) days of receipt of the
notice by paying all overdue funds, the District may terminate this Agreement by providing written notice
of termination to the City. City shall be liable to District for all costs, fees, expenses, and other damages
the District incurs because of the City's breach(es).
D. If the District breaches this Agreement in any material way, the City may elect to provide written notice to
the District of the breach(es). If the District does not cure the breach(es) within ten (10) days of receipt of
the notice, the City may terminate this Agreement by providing written notice of termination to the District.
District shall be liable to City for all costs, fees, expenses, and other damages the City incurs because of the
District's breach(es). (See 24 CFR 85.43).
E. The remedies in this paragraph are in addition to any additional remedies available at law or under this
Agreement. A decision by a Party not to terminate this Agreement pursuant to this paragraph does not
constitute a waiver of any other claims or remedies that Party may have against the other.
5. Indemnification and Cooperation in Claim Defense.
A. District shall indemnify, save, protect, defend and hold harmless the City, its officers, agents and
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employees from any and all claims, costs, and liability, including reasonable attorneys' fees, for any
damage, injury or death, to persons or property arising from the negligent or wrongful acts or omissions of
the District or its agents under this Agreement, except to the extent that such claims, costs, or liability arise
directly or indirectly from the negligent or wrongful acts or omissions of City, its officers, agents and
employees.
B. City shall indemnify, save, protect, defend and hold harmless the District, its officers, agents and
employees from any and all claims, costs and liability, including reasonable attorneys' fees, for any
damage, injury or death, to persons or property arising from the negligent or wrongful acts or omissions of
the City or its agents under this Agreement, except to the extent that such claims, costs, or liability arise
directly or indirectly from the negligent or wrongful acts or omissions of District, its officers, agents and
employees.
6. Environmental Review. The District and City shall be responsible for ensuring compliance with the California
Environmental Quality Act (CEQA) and any other applicable environmental laws with regard to the entire
Project, inclusive of the MPR/CC. The City has already completed environmental review in compliance with
the National Environmental Policy Act (24 CFR Part 58, etc.) for the MPR/CC. The MPR/CC was also
evaluated under CEQA as a component of a larger project analyzed at a project-specific level in Environmental
Impact Report (EIR) No. 2006-02, which was certified on June 7, 2010 by the Santa Ana City Council.
Confidentiality: If either Party receives from the other Party information which due to the nature of that
information is reasonably understood to be confidential and/or proprietary, the Parties agree that they shall not
use or disclose that information except in the performance of this Agreement, and further agrees to exercise the
same degree of care it uses to protect its own information of like importance, but in no event less than
reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information
includes not only written information, but also information transferred orally, visually, electronically, or by
other means. Confidential information disclosed to either Party by any subsidiary and/or agent of the other
Party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to
any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Parties
disclosed in a publicly available source; (c) is in rightful possession of the Parties without an obligation of
confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by one of
the Parties without reference to information disclosed by the other Party.
8. Conflict of Interest. The Parties shall ensure compliance with all applicable conflict of interest laws including,
without limitation, the Fair Political Practices Act and Government Code section 1090, et seq., and 24 CFR
576.57 and OMB Circulars 1-102 and A-I 10. In addition, each Party agrees that it will not hire or permit the hiring
of any person to fill a position funded through this Agreement if a member of that person's immediate family is
employed in an administrative capacity by that Party. For the purposes of this section, the term "immediate family"
means spouse, child, aunt, uncle, niece, nephew, stepparent and stepchild. The term "administrative capacity"
means having selection, hiring, supervisor or management responsibilities.
9. Drug Free Workplace. The Parties confirm that both comply with Government Code Sections 8350 et seg.,
the Drug-Free Workplace Act of 1990 and shall take diligent actions to ensure that there is no unlawful
manufacture, distribution, dispensing, possession or use of a controlled substance on the MPR/CC and both
parties hereby certify that they comply with said Act.
10. Anti-Discrimination: It is the policy of the Parties that there be no discrimination against any employee
engaged in the work, including work under contract, because of race, color, ancestry, national origin, or
religious creed, and therefore each Party agrees to comply with applicable Federal and California laws
including, but not limited to the California Fair Employment Practice Act beginning with Government Code
Section 12900 and Labor Code Section 1735. In addition, the District agrees to require like compliance by all
its contractor(s) and subcontractor(s) on the MPR/CC.
11. Attorneys' Fees. If either Party files any action or brings any proceedings against the other arising out of this
Agreement, the Prevailing Party (as defined below) shall be entitled to recover, in addition to its costs of suit
and damages, reasonable attorneys' fees to be fixed by the court. The "Prevailing Party" shall be the Party who
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is entitled to recover its costs of suit, whether or not suit proceeds to final judgment. No sum for attorneys' fees
shall be counted in calculating the amount of a judgment for purposes of determining whether a Party is entitled
to its costs or attorneys' fees.
12. Force Maieure. Neither Party shall be held responsible or liable for an inability to fulfill any obligation under
this Agreement by reason of an act of God, natural disaster, rationing or restrictions on the use of utilities or
public transportation whether due to energy shortages or other causes, war, civil disturbance, riot, or terrorism
("Force Majeure"). Any Party relying on a Force Majeure shall give the other Party reasonable notice thereof,
and the Parties shall use their best efforts to minimize potential adverse effects from such Force Majeure,
including, without limitation, subcontracting the obligations of the Party claiming such Force Majeure to a third
party and extending the time periods for performance.
13. Assignment. Neither Party may, without the other Party's prior written consent, assign its rights or delegate its
duties pursuant to this Agreement. This provision does not apply to the District's contracting with contractor(s),
consultant(s), or others to perform services or provide other items related to the planning, approval, design, or
construction of Project, including the MPR/CC. The District's contracting with others shall not alter the District
obligations pursuant to this Agreement.
14. Successors and Assigns. This Agreement shall bind the successors and assigns of the Parties hereto.
15. Further Assurances. Each Party to this Agreement shall at its own expense perform all acts and execute all
documents and instruments that may be necessary or convenient to carry out its obligations under this
Agreement.
16. Modifications. The terms and conditions of this Agreement may be modified or changed only by written
mutual consent of the Parties.
17. Notices. Any notices that either Party desires to or is required to give to the other Party or to any other person
shall be in writing and either served personally or sent by prepaid first class mail. Such notices shall be
addressed to the other Party at the address set forth below. Either Party may change its address by notifying the
other Party of the change of address. Notice shall be deemed communicated within seventy-two hours from the
date of mailing, if mailed as provided in this paragraph.
Santa Ana Unified School District City of Santa Ana
1601 East Chestnut Avenue 20 Civic Center Plaza, M-25
Santa Ana, California 92701 P.O. Box 1988
Attn: Assistant Superintendent, Santa Ana, CA 92702
Facilities & Governmental Relations Attn: Deputy City Manager
18. Execution in Counterparts. This Agreement may be executed in counterparts such that the signatures may
appear on separate signature pages. A copy, or an original, with all signatures appended together, shall be
deemed a fully executed Agreement.
19. Interpretation. The language of all parts of this Agreement shall, in all cases, be construed as a whole,
according to its fair meaning, and not strictly for or against either Party.
20. Severability. Should all or any portion of any provision of this Agreement be held unenforceable or invalid for
any reason, but the remainder of the Agreement can be enforced without failure of material consideration to any
Party, then the remaining portions or provisions shall be unaffected.
21. Governing Law. This Agreement shall be governed by the laws of the State of California and venue shall be in
the appropriate Superior Court in Orange County, California.
22. Incorporation of Recitals and Exhibits. The Recitals and all Exhibits attached hereto, are hereby
incorporated herein and made a part of this Agreement by this reference.
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23. Captions. The headings used in this Agreement are for convenience only and shall not affect the interpretation
of this Agreement.
24. Entire Agreement. This Agreement constitutes the entire Agreement between the Parties and supersedes all
prior negotiations, representations, or agreements, either written or oral.
25. Time of the Essence. Time is of the essence in the performance of each Party's respective obligations under
this Agreement.
26. Effective Date. This Agreement must be executed by both Parties and approved or ratified by the City's City
Council and the District's Board of Trustees. This Agreement shall be effective upon the latter date of approval
of either the City Council or the Board of Trustees.
27. Terms Required Based on HUD Funding. The following terms are made a part of this Agreement, as
required by the Parties participation in and use of funds from the HUD CBDG Program.
A. Use of Debarred. Suspended, or Ineligible Participants. The Parties shall comply with the provisions of
24 CFR 24 relating to the employment, engagement of services, awarding of contracts, or funding of any
contractor or subcontractor during any period of debarment, suspension, or placement in ineligibility status.
B. No Pending Investigation. Each Party asserts that, to the best of its knowledge, it is not the subject of any
current or threatened criminal or civil action investigation by any other public agency, including without
limitation a police agency or prosecuting authority, that would relate to affect performance of the
Agreement or provision of services hereunder.
C. Audit. To the extent the District uses California state bonds funds for the MPR/CC, the District is subject
to audit by the California Office of Public School Construction. In addition, to the extent the District uses
any of its Measure G Bond funds for the MPR/CC, the District is required to conduct an annual,
independent financial audit and annual, independent performance audit on the use of those funds.
D. Record Keeping/Reporting. Both Parties shall keep and maintain complete and adequate records and reports
to assist one another in meeting and maintaining its record keeping responsibilities under applicable law which
includes, Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et seq. The Parties agree to
share with each other the guidelines and parameters of required record keeping. The Parties agree to keep
all MPR/CC records for at least five (5) years from the date of completion of the MPR/CC.
E. Economic Opportunities for Low Income People. To the extent allowable under applicable state law,
the Parties shall implement the goals of Section 3 of the Housing and Urban Development Act of 1968 that
requires employment and other economic opportunities arising in connection with housing rehabilitation,
housing construction and other public construction projects which shall, to the extent feasible and
consistent with existing federal, state and local laws and regulations, be given to low and very low-income
persons. To the extent applicable, the Parties shall comply and/or cause compliance with Section 3 Clause
requirements for the MPR/CC. (See Exhibit C, required contract language, attached hereto and
incorporated herein).
F. Prevailing Wage. In its contract(s) for construction of the MPR/CC, the District shall include a provision
that states in pertinent part: If there is a difference between the general prevailing wage rates determined by
the Director of the Department of Industrial Relations ("California Prevailing Wages") and the applicable
minimum wage rates determined by the Secretary of Labor ("Federal Wages") for similar classifications of
work, the Contractor and its Subcontractors of every tier shall pay their workers not less than the higher
wage rate. (See Exhibit D attached hereto and incorporated herein).
G. Lobbying. The Parties shall ensure that they comply with federal law (31 U.S.C. 1352) and regulations found
at 24 CFR Part 87, which provide that no appropriated funds may be expended by the recipient of a federal
contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an
officer or employee of any agency, Member of Congress, or an officer or employee of a Member of Congress
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in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any
cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant,
loan or cooperative agreement.
H. Compliance with Law/Program Income. District acknowledges that the funds being provided by City for
the MPR/CC are received by City pursuant to the CDBG Program, as amended, and that expenditures of
CDBG funds must be in accordance with the CDBG Program and its requirements (24 CFR 570.503 and 24
CFR 570.504). Upon the expiration of this Agreement, any unexpended CDBG funds received by District
shall be returned to City unless otherwise provided for in this Agreement or directed by the City. District
agrees to comply fully with all federal, state and local laws and court orders applicable to its operation.
Program income means gross income received by the District or a subrecipient directly generated from the
use of CDBG funds. It is the gross income from the use or rental of real property, owned by the District or
by a subrecipient, that was constructed or improved with CDBG funds, less costs incidental to generation
of the income.
1. Administrative Requirements/Cost Principles/Audit Standards. The following requirements and
standards of 24 CFR § 570.502 must be complied with by the District: 24 CFR Part 85, §§ 85.3, 85.6,
85.12, 85.20, 85.21, 85.22, 85.26, 85.32, 85.33, 85.34, 85.35, 85.36, 85.37, 85.40, 85.41, 85.42, 85.43,
85.44, 85.5 1, and 85.52; OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal
Governments; and OMB Circular A-133, Audits of State and Local Governments. This includes separate
accounting of costs for the MPR/CC.
J. Subpart K of 24 CFR Part 570. District will carry out its activities in compliance with the requirements
of Subpart K of 24 CFR Part 570; however, District does not assume the City's environmental
responsibilities or the responsibility for initiating the environmental review process under 24 CFR Part 52
or City's responsibilities under 24 CFR § 570.604.
K. Reversion of Assets.
1. Per 24 CFR § 570.503(b)(7), any real property under the District's control that was acquired or improved in
whole or in part with CDBG funds in excess of $25,000.00 must either be:
a. Used, where City has given written approval, to meet one of the national objectives stated in 24 CFR §
570.208 until five (5) years after expiration of this Agreement, or for such longer period of time as
determined to be appropriate by City; or
b. If not used in accordance with subparagraph (a) above, District shall pay to City an amount equal to
the current market value of the acquired property or improvement, as the case may be, less any portion
of the value attributable to the expenditure of non-CDBG funds for acquisition of, or improvement to,
the property.
3. The parties agree that the funding provided to District hereunder shall not be used for furniture, fixtures or
equipment, however, subject to the obligations set forth herein, title to equipment acquired under the terms
of this Agreement, if any, will vest upon acquisition in District. When said equipment which has been
acquired in accordance with this Agreement and all applicable regulations are no longer needed for said
program, disposition of said equipment will be made as follows:
a. Items of equipment with a current per unit fair market value of less than $5,000.00 may be retained,
sold or otherwise disposed of with no further obligation to City.
b. Items of equipment with a current per unit fair market per unit value of $5,000.00 or more may be
retained or sold and City shall have the right to an amount calculated by multiplying the current
market value or proceeds from the sale by City's share of CDBG funds expended to acquire the
equipment, in accordance with 24 CFR § 85.32(e)(2).
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4. If any real property acquired or improved by CDBG funds is not used in accordance with one of the
national objectives in 24 CFR § 570.208 after five years of expiration of this Agreement, the District shall
pay to City an amount equal to the current market value of the property less any portion of the value
attributable to expenditures of non-CDBG funds.
5. District's obligations and responsibilities set forth in this paragraph 28 and other requirements pertaining to
CDBG funding shall not be affected by the termination of this Agreement and shall survive the date of
termination of this Agreement for such period of time as City and/or HUD deems necessary for the
responsibilities, duties and obligations to be performed and completed to the satisfaction of City and HUD.
6. The District shall retain all records pertaining to this Agreement for at least four years after final
payment by the City and closure of all other pending matters as required by 24 CFR §§ 85.36(i)(11)
and 85.42.
L. Insurance/Bonding.
1. With respect to performance of work under this Agreement, District shall require that Contractor shall
maintain and shall require its subcontractors, if any, to maintain insurance as described below:
Amount of Amount of
Type of Coverage Coverage:
Each Occurrence Coverage_
A re ate
A. Commercial General Liability
Combined, Single Limit $2,000,000 $5,000,000
B. Automobile Liability (Any Auto)
Combined, Single Limit $2,000,000 $5,000,000
C. Excess Liability Sufficient to cover the above limits if the
above policies do not cover the required
limits.
D. Employers' Liability $2,000,000
E. Builder's Risk (Course of N/A
Construction)
F. Workers' Compensation Insurance Statutory Limits
The Commercial general liability insurance certificate, shall name the District and City as
additionally insured. (Sample Additional Insured Endorsement attached hereto and incorporated
herein as Exhibit E).
Contractor shall (a) furnish properly executed certificates of insurance to District and the City prior
to commencement of work under this Agreement, which certificates shall clearly evidence all
coverage required above and provide that such insurance shall not be materially changed or
terminated except on thirty (30) days' prior written notice to District; and (b) maintain such
insurance from the time work first commences until completion of the work under this Agreement;
and (c) replace such certificates for policies expiring prior to completion of work under this
Agreement.
2. District shall require Contractor to post performance and payment bonds to cover the entire
construction period.
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M. Access to Records. At their sole cost, the City and the United States Government and/or their
representatives shall have reasonable access to the District's books, documents and papers concerning the
construction of the MPR/CC to audit expenditures on the MPR/CC for compliance with CDBG
requirements. The District shall require the Contractor to provide the same access to the Contractor's
records for constructing the MPR/CC. City and the United States Government and/or their representatives
shall also schedule on-site monitoring at their discretion. Monitoring activities may also include, but are
not limited to, questioning employees and participants in said program and entering any premises or any
site in which any of the services or activities funded hereunder is conducted or in which any of the records
of District are kept. Nothing herein shall be construed to require access to any privileged or confidential
information as set forth in federal or state law.
28. Character of City's Funding For MPR/CC Design Services.
A. The City represents and warrants that CDBG funds applied to the MPR/CC are appropriate under federal
law. The City shall promptly review, upon the District providing such, the MPR/CC's designs, procurement
for construction, progress of construction, and District administrative processes and provide the District with
direction on any administrative procedures, documentation, and/or processes required to ensure that the
MPR/CC complies with all CDBG requirements. To the extent that CDBG funds are nonetheless deemed to
be misapplied to the MPR/CC including the failure to use the buildings in accordance with one of the national
objectives in 24 CFR § 570.208, by HUD, any State or Federal agency, or any court of competent jurisdiction
and CDBG funds for the MPR/CC are disgorged from the District, the City shall make the District whole by
reimbursing the District within a reasonable time for any of its damages, fines, penalties, or losses of any
kind.
B. This paragraph 28 shall survive the termination of this Agreement. District represents and warrants that it
shall not knowingly misapply funding provided hereunder or knowingly use such funds for any unauthorized
uses.
Draft Construction Reimbursement Agreement - City of Santa Ana/SAUSD - MPR/CC 8-28-12 Page 8
25H-12
ACCEPTED AND AGREED on the date indicated below:
City of Santa Ana
Dated:
By:
Print Name:
Print Title:
Dated:
By:
Print Name
Print Title:
20
Maria D. Huizar
Clerk of the City Council
20
Paul Walters
City Manager
Approved as to Form
Dated:
By:
Print Name: Sonia R. Carvalho, City Attorney
Print Title: By Lisa E. Storck, Assistant City
Attorney
Santa Ana Unified School District
Dated:
By:
Print Name:
Print Title:
Dated:
By:
Print Name
Print Title:
20
Joe Dixon
Assistant Superintendent, Facilities
& Governmental Relations
20
Michael P. Bishop, Sr.
Deputy Superintendent, Operations
Approved as to Form
Dated:
By:
Print Name: Philip J. Henderson
Print Title: Attorney, Orbach Huff & Suarez
20
20
Draft Construction Reimbursement Agreement - City of Santa Ana/SAUSD - MPR/CC 8-28-12 Page 9
25H-13
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25H-15
DETAILED PRICING - EXHIBIT B
REQUEST FOR PROPOSALS LEASE - LEASEBACK SERVICES PAGE 1
Description Total Classroom Community Total
Building &Site Center&Site Combined
Division 1 -General Requirements
Project Manager $ 60,480 $ 60,480 $ 120,960
Project Superintendent $ 65,520
$ 65,520
$ 131,040
Clerical $ 15,960
$ 15,960
$ 31,920
Safety Officer/Coordinator $ 13,798 $ 5,939 $ 19,737
Vehicles $ 7,650 $ 7,650 $ 15,300
Trailer $ 4,950
$ 4,950
$ 9,900
Communications $ 3,575 $ 3,575 $ 7,150
Office equipment/Supplies $ 3,505 $ 3,505 $ 7,010
Small Tools & Equipment $ 3,360
$ 3,360
$ 6,720
Temporary Utilities INC INC INC
Site Cleaning $ 500
$ 500
$ 1,000
Toilets $ 3,300
$ 3,300
$ 6,600
Mobilization/Layout (no more than 1%) INC
INC
INC
Job Signage $ 625 $ 625 $ 1,250
Fencing/Barricades $ 4,250 $ 4,250 $ 8,500
SWPPP Compliance $ 5,400 $ 5,400 $ 10,800
Waste Disposal $ 10,000
$ 10,000
.
$ 20,000
Plans & Specifications reproduction $ 1,250 $ 1,250 $ 2,500
Data Processing $ 28,362 $ 12,207 $ 40,569
Submittals, Shop Drawings (no more than 3%) INC INC INC
Close-out Documentation (not less than 4%) INC INC INC
Testing By Owner By Owner By Owner
Final Clean $ 25,200 $ 12,240 $ 37,440
Site Cleanup $ 688 $ 688 $ 1,376
Miscellaneous $ 1,100 $ 1,100 $ 2,200
Subtotal: $ 259,473 $ 222,499 $ 481,972
Division 2 -Existin g Conditions
Survey $ 9,600 $ 6,400 $ 16,000
Other NA NA NA
Division 3 -Concrete
Building Concrete Reinforcing $ 220,680 $ 98,000 $ 318,680
Site Concrete Reinforcing INC INC INC
Cast In Place Concrete (Building & Site) $ 845,000 $ 335,000 $ 1,180,000
Concrete Topping INC INC INC
Other NA NA NA
Division 4 -Mason
CMU $ 108,300 $ 133,100 $ 241,400
1 CMU Veneer
S INC INC INC
CMU Reinforcing INC INC INC
Precast Wall Cap INC NA INC
Division 5 -Metals
Structural Steel $ 1,326,166 $ 495,397 $ 1,821,563
Metal Deck $ 102,500 $ 46,948 $ 149,448
Structural Metal Studs (with Framing in Div 9) INC INC INC
Metal Fabrications INC INC INC
Fences & Gates INC INC INC
Division 6 -Wood and Plastics
Misc. Rough Carpentry $ 18,950 $ 7,900 . $ 26,850
Casework $ 64,500 $ 16,780 $ 81,280
Division 7 -Thermal and Moisture Protection
Sheet Waterproofing $ 8,778 $ 14,350 $ 23,128
Thermal Acoustical Insulation $ 17,699 $ 8,662 $ 26,361
Thermoplastic Membrane Roofing $ 131,850 $ 66,000 $ 197,850
Flashing & Sheet Metal $ 53,747 $ 18,102 $ 71,849
Roof Accessories INC INC INC
Cementitious Fireproofing INC INC INC
Fire stopping/Expansion Joint $ 12,379 $ 21,633 $ 34,012
Division 8 -Doors and Windows
Doors/Frames/Hardware $ 91,900 $ 55,000 $ 146,900
Coiling Doors $ 14,000 $ 14,000 $ 28,000
Windows/Glazing $ 77,961 $ 63,751 $ 141,712
Access Doors $ 1,000 $ 800 $ 1,800
Division 9 -Finishes
Portland Cement Plaster INC INC INC
Gypsum Board Assemblies $ 1,003,000 $ 371,000 $ 1,374,000
Metal Stud Framing INC INC INC
Acoustical Ceiling $ 65,000 $ 22,500 $ 87,500
Ceramic Tile $ 51,882 $ 31,260 $ 83,142
Flooring S 43,675
$ 26,905
$ 70,580
SANTA ANA OINIFIEDSCHOOLDISTRICT-GARFIELD ELEMENTARY SCHOOL Barour 25H-1 6 ConstructioBum
n
DETAILED PRICING - EXHIBIT B
Dew ion Total Classroom Community Total
Buildin &Site Center &Site Combined
Painting $ 64,800
$ 25,895
$ 90,695
Slab Moisture Control / Slab Sealer $ 47,685 $ 23,250 $ 70,935
Division 10-Speci alties
Toilet Partitions & Accessories $ 19,482 $ 14,936 $ 34,418
Signage $ 11,450 $ 7,033 $ 18,483
Operable Partitions NA $ 9,336 $ 9,336
Flag Pole $ 9,336 NA
$ 9,336
Fire Protection Specialties $ 2,012 $ 2,198 $ 4,210
Visual Display Boards $ 20,455 NA
$ 20,455
Division 11-Equip ment
Exterior Court Athletic Equipment $ 117,081 NA $ 117,081
Other NA NA NA
Division 12 -Furni shings
Roller Shades $ 11,590
$ 4,360
$ 15,950
Other NA NA NA
Division 13-Special Construction
Division 14-Conveying Systems
Elevator $ 82,221 $ 82,221 $ 164,442
Division 21-Fire Suppression
Fire Sprinklers $ 59,700
$ 28,650
$ 881350
Division 22 -Plum bing
Plumbing fixtures and equipment $ 260,000 $ 194,300 $ 454,300
Division 23 -Heati ng, Ventilating & Air Conditioning Equipment
HVAC $ 311,750 $ 175,000 $ 486,750
Equipment INC INC INC
Ductwork INC INC INC
Refrigerant Piping INC INC INC
Controls INC INC INC
Other NA NA NA
Division 26-Electr ical
Lighting $ 718,373 $ 291,397 $ 1,009,770
LA Power INC INC INC
Service and Distribution INC INC INC
Division 27 -Comm unications
Data/Communications INC INC INC
Division 28-Electro nic Safety & Security
Fire Alarm INC INC INC
Division 31-Earth work
Demolition INC INC INC
Grading $ 194,975
$ 49,598
$ 244,573
Division 32 -Exterio r Improvements
Asphalt Paving & Pavement Markings $ 156,500 $ 11500 $ 158,000
Concrete Sidewalks and Curbs INC INC INC
Fences and Gates $ 227,932 $ 27,895 $ 255,827
Landscaping & Irrigation $ 289,000 $ 36,000 $ 325,000
SWPPP Erosion Control $ 47,600 $ 19,600 $ 67,200
Division 33 -Utilitie s
utilities $ 142,085
$ 82,325
$ 224,410
Subtotal [Divisions, 2-33): $ 7,062,594 $ 2,928,982 $ 9,991,576
Bonds $ 51,359 $ 22,105 $ 73,464
I nsurance (Casualty Insurance & Builder's Risk Insurance) $ 81,254 $ 34,973 $ 116,227
Overhead & Profit $ 210,801 $ 90,730 $ 301,531
a District Contingency (List any contingencies' do so sparingly and
s specifically as possible)
NA
NA
NA
TOTAL BID $ 7,665,481 $ 3,299,289 $ 10,964,770
Allowances per District Instructions: 1) Interim Housing &
Refurbishing of Playfield
$ 250,000
NA
$ 250,000
A llowances per District Instructions: 2) Unforeseen and
Undirected scope of work
'
$ 150,000
$ 150,000
$ 300,000
on[ractor
s Guaranteed Project Costs $ 3,449,289
dditional Soft Costs
Total Cost
8,065,481 $ 350,000.
3,799,289
11,514,770
PAGE 2
SANTA ANA L'NI IF.D SCHOOL DISTRICT- GARFIELD ELE\21i ?RW Bum IL" 17 Construction
EXHIBIT C
SECTION 3 CLAUSE
This clause is to included in all Section 3 covered bid specifications, contracts and signed by
contractor and his/her subsequent subcontractors.
A. The work to be performed under this contract is subject to the requirements of Section 3 of
the Housing and Urban Development Act of 1968, as amended, 12, U.S.C. 1701 u (Section
3). The purpose of Section 3 is to ensure that employment and other economic opportunities
generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the
greatest extent feasible, be directed to low- and very low-income persons, particularly
persons who are recipients of HUD assistance for housing.
B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135,
which implement Section 3. As evidenced by their execution of this contract, the parties to
this contract certify that they are under no contractual or other impediment that would
prevent them from complying with the part 135 regulations.
C. The contractor agrees to send to each labor organization or representative of workers with
which the contractor has a collective bargaining agreement or other understanding, if any, a
notice advising the labor organization or workers' representative of the contractor's
commitments under this Section 3 clause, and will post copies of notices in conspicuous
places at the work site where both employees and applicants for training and employment
positions can see the notice. The notice shall describe the Section 3 preference, shall set
forth minimum number and job titles subject to hire, availability of apprenticeship and
training positions, the qualifications for each; and the name and location of persons(s) taking
applications for each of the positions; and the anticipated date the work shall begin.
D. The contractor agrees to include this Section 3 clause in every subcontract subject to
compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as
provided in an applicable provision of the subcontract or in this Section 3 clause, upon
finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The
contractor will not subcontract with any subcontractor where the contractor has notice or
knowledge that the subcontractor has been found in violation of the regulations in 24 CFR
part 135.
E. The contractor will certify that any vacant employment positions, including training
positions, that are filled (1) after the contractor is selected but before the contract is
executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135
require employment opportunities to be directed, were not filled to circumvent the
contractor's obligations under 24 CFR part 135.
F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future HUD
assisted contracts.
25H-18
G. With respect to work performed in connection with Section 3 covered Indian Housing
assistance, section 7(b) of the Indian self-determination and Education Assistance Act (25
U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b)
requires that to the greatest extend feasible, (I) preferences and opportunities for training and
employment shall be given to Indians, and (ii) preference in the award of contracts and
subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises.
Parties to this contract that are subject to the provisions of Section 3 and section 7(b) agree
to comply with Section 3 to the maximum extent feasible, but not in derogation of
compliance with section 7(b).
The contractor/subcontractor provider by this signature affixed hereto declares under penalty of
perjury: contractor/subcontractor has read the requirements of this section and accepts all its
requirements contained therein for all of his/her operations related to this contract.
Signature
Date
Print Name and Title
25H-19
Federal Labor Standards Provisions
U.S. Department of Housing Exhibit D
and Urban Development
Office of Labor Relations (pgs 1-27)
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.
A. 1. (i) Minimum Wages. All laborers and mechanics em-
ployed or working upon the site of the work will be paid uncondi-
tionally and not less often than once a week, and without subse-
quent deduction or rebate on any account (except such payroll
deductions as are permitted by regulations issued by the Secre-
tary of Labor under the Copeland Act (29 CFR Part 3), the full
amount of wages and bona fide fringe benefits (or cash equiva-
lents 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, re-
gardless 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 I(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 classi-
fication of work actually performed, without regard to skill, except
as provided in 29 CFR 5.5(a)(4). Laborers or mechanics per-
forming 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 addi-
tional classification and wage rates conformed under 29 CFR
5.5(a)(1)(ii) and the Davis-Bacon poster (WH-1321) shall be posted
at all times by the contractor and its subcontractors at the site of
the work in a prominent and accessible, place where it can be
easily seen by the workers.
(ii) (a) Any class of laborers or mechanics 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 deter-
mination. 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; and
(2) The classification is utilized in the area by the construction
industry; and
(3) The proposed wage rate, including any bona fide fringe ben-
efits, bears a reasonable relationship to the wage rates contained
in the wage determination.
(b) If the contractor and the laborers and mechanics to be em-
ployed in the classification (if known), or their representatives,
and HUD or its designee agree on the classification and wage
rate (including the amount designated for fringe benefits where
appropriate), a report of the action taken shall be sent by HUD or
its designee to the Administrator of the Wage and Hour Division,
Employment Standards Administration, U.S. Department of La-
bor, 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 under OMB control number 1215-
0140.)
(c) In the event the contractor, the laborers or mechanics to be
employed in the classification or their representatives, and HUD
or its designee do not agree on the proposed classification and
wage rate (including the amount designated for fringe benefits,
where appropriate), HUD or its designee shall refer the questions,
including the views of all interested parties and the recommenda-
tion of HUD or its designee, to the Administrator for determina-
tion. The Administrator, or an authorized representative, will is-
sue 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 1215-
0140.)
(d) The wage rate (including fringe benefits where appropriate)
determined pursuant to subparagraphs (1)(ii)(b) or (c) of this para-
graph, shall be paid to all workers performing work in the classifi-
cation under this contract from the first day on which work is per-
formed 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 an-
other 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 rea-
sonably 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 stan-
dards of the Davis-Bacon Act have been met. The Secretary of
Labor may require the contractor to set aside in a separate ac-
count assets for the meeting of obligations under the plan or pro-
gram. (Approved by the Office of Management and Budget under
OMB Control Number 1215-0140.)
2. Withholding. HUD or its designee shall upon its own action or
upon written request of an authorized representative of the De-
partment of Labor withhold or cause to be withheld from the con-
tractor 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 pay-
ments or advances as may be considered necessary to pay la-
borers and mechanics, including apprentices, trainees and help-
ers, 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
form HUD-4010 (07/2003)
ref. Handbook 1344.1
Previous edition is obsolete Page 1 of 4
25H-20
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 Comptroller General shall
make such disbursements in the case of direct Davis-Bacon Act
contracts.
3. (i) Payrolls and basic records. Payrolls and basic records
relating thereto shall be maintained by the contractor during the
course of the work preserved for a period of three years thereaf-
ter for all laborers and mechanics working at the site of the work.
Such records shall contain the name, address, and social secu-
rity number of each such worker, his or her correct classification,
hourly rates of wages paid (including rates of contributions or costs
anticipated for bona fide fringe benefits or cash equivalents thereof
of the types described in Section I(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 Sec-
tion I(b)(2)(B) of the Davis-Bacon Act, the contractor shall main-
tain records which show that the commitment to provide such
benefits is enforceable, that the plan or program is financially re-
sponsible, and that the plan or program has been communicated
in writing to the laborers or mechanics affected, and records which
show the costs anticipated or the actual cost incurred in providing
such benefits. Contractors employing apprentices or trainees
under approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of trainee
programs, the registration of the apprentices and trainees, and
the ratios and wage rates prescribed in the applicable programs.
(Approved by the Office of Management and Budget under OMB
Control Numbers 1215-0140 and 1215-0017.)
(ii) (a) The contractor shall submit weekly for each week in which
any contract work is performed a copy of all payrolls to HUD or its
designee if the agency is a party to the contract, but if the agency
is not such a party, the contractor 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 ac-
curately and completely all of the information required to be main-
tained under 29 CFR 5.5(a)(3)(i). This information may be submit-
ted in any form desired. Optional Form WH-347 is available for
this purpose and may be purchased from the Superintendent of
Documents (Federal Stock Number 029-005-00014-1), U.S. Gov-
ernment Printing Office, Washington, DC 20402. The prime con-
tractor is responsible for the submission of copies of payrolls by
all subcontractors. (Approved by the Office of Management and
Budget under OMB Control Number 1215-0149.)
(b) Each payroll submitted shall be accompanied by a "State-
ment of Compliance," signed by the contractor or subcontractor or
his or her agent who pays or supervises the payment of the per-
sons employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information
required to be 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, ap-
prentice, and trainee) employed on the contract during the payroll
period has been paid the full weekly wages earned, without re-
bate, 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 appli-
cable wage determination incorporated into the contract.
(c) The weekly submission of a properly executed certification
set forth on the reverse side of Optional Form WH-347 shall sat-
isfy the requirement for submission of the "Statement of Compli-
ance" 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 231 of Title 31 of the
United States Code.
(iii) The contractor or subcontractor shall make the records re-
quired under subparagraph A.3.(i) available for inspection, copy-
ing, or transcription by authorized representatives of HUD or its
designee or the Department of Labor, and shall permit such rep-
resentatives 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 pur-
suant 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. De-
partment of Labor, Employment and Training Administration, Of-
fice 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 ap-
prentice 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 actu-
ally 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
form HUD-4010 (07/2003)
Previous edition is obsolete Page 2 of 4 ref. Handbook 1344.1
25H-21
journeymen hourly rate specified in the applicable wage determi-
nation. Apprentices shall be paid fringe benefits in accordance
with the provisions of the apprenticeship program. If the appren-
ticeship program does not specify fringe benefits, apprentices must
be paid the full amount of fringe benefits listed on the wage deter-
mination for the applicable classification. If the Administrator de-
termines that a different practice prevails for the applicable ap-
prentice classification, fringes shall be paid in accordance with
that determination. In the event the Office of Apprenticeship Train-
ing, Employer and Labor Services, or a State Apprenticeship
Agency recognized by the Office, withdraws approval of an ap-
prenticeship 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 ap-
proved.
(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 ap-
proval, 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 Train-
ing 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 apprentice-
ship 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 pay-
roll at a trainee rate who is not registered and participating in a
training plan approved by the Employment and Training Adminis-
tration 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 con-
tractor 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 appren-
tices, 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 contrac-
tor 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 of 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 re-
quiring 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.
Previous edition is obsolete Pa
7. Contract termination; debarment. A breach of the contract
clauses in 29 CFR 5.5 may be grounds for termination of the con-
tract 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 incorpo-
rated by reference in this contract
9. Disputes concerning labor standards. Disputes arising out
of the labor standards provisions of this contract shall not be sub-
ject to the general disputes clause of this contract. Such disputes
shall be resolved in accordance with the procedures of the De-
partment 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 repre-
sentatives.
10. (1) Certification of Eligibility. By entering into this contract
the contractor certifies that neither it (nor he or she) nor any per-
son 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.
(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) The penalty for making false statements is prescribed in the
U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal
Code, Section 1 01 0, Title 18, U.S.C., "Federal Housing Adminis-
tration transactions", provides in part: "Whoever, for the purpose
of ... influencing in any way the action of such Administration.....
makes, utters or publishes any statement knowing the same to be
false..... shall be fined not more than $5,000 or imprisoned not
more than two years, or both"
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 dis-
charged or in any other manner discriminated against by the Con-
tractor 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 provi-
sions of this paragraph B are applicable only 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 con-
tracting 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 he or she is
employed on such work to work in excess of 40 hours in such work-
week 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 subpara-
form HUD-4010 (07/2003)
fe 3 of 4 ref. Handbook 1344.1
25H-22
graph (1) of this paragraph, the contractor and any subcontractor
responsible therefor shall be liable for the unpaid wages. In addi-
tion, such contractor and subcontractor shall be liable to the United
States (in the case of work done under contract for the District of
Columbia or a territory, to such District or to such territory), for
liquidated damages. Such liquidated damages shall be computed
with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the clause set
forth in subparagraph (1) of this paragraph, in the sum of $10 for
each calendar day on which such individual was required or permit-
ted to work in excess of the standard workweek of 40 hours without
payment of the overtime wages required by the clause set forth in
sub paragraph (1) of this paragraph.
(3) Withholding for unpaid wages and liquidated damages.
HUD or its designee shall upon its own action or upon written
request of an authorized representative of the Department of La-
bor 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 con-
tractor or subcontractor for unpaid wages and liquidated damages
as provided in the clause set forth in subparagraph (2) of this
paragraph.
(4) Subcontracts. The contractor or subcontractor shall insert
in any subcontracts the clauses set forth in subparagraph (1)
through (4) of this paragraph and also a clause requiring the sub-
contractors to include these clauses in any lower tier subcontracts.
The prime contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth
in subparagraphs (1) through (4) of this paragraph.
C. Health and Safety. The provisions of this paragraph C are ap-
plicable only where the amount of the prime contract exceeds
$100,000.
(1) No laborer or mechanic shall be required to work in surround-
ings or under working conditions which are unsanitary, hazard-
ous, or dangerous to his health and safety as determined under
construction safety and health standards promulgated by the Sec-
retary of Labor by regulation.
(2) The Contractor shall comply with all regulations issued by the
Secretary of Labor pursuant to Title 29 Part 1926 and failure to
comply may result in imposition of sanctions pursuant to the Con-
tract Work Hours and Safety Standards Act, 40 USC 3701 et seg.
(3) The Contractor shall include the provisions of this para-
graph in every subcontract so that such provisions will be
binding on each subcontractor. The Contractor shall take such
action with respect to any subcontract as the Secretary of
Housing and Urban Development or the Secretary of Labor
shall direct as a means of enforcing such provisions.
form HUD-4010 (07/2003)
ref. Handbook 1344.1
Previous edition is obsolete Page 4 of 4
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EXHIBIT D
General Decision Number: CA120035 08/03/2012 CA35
Superseded General Decision Number: CA20100035
State: California
Construction Types: Building, Heavy (Heavy and Dredging) and
Highway
County: Orange County in California.
BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not
include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does
not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS
Modification Number
0
1
2
3
4
5
6
7
8
9
ASBE0005-002 06/28/2010
Publication Date
01/06/2012
03/02/2012
03/30/2012
04/20/2012
04/27/2012
05/04/2012
05/18/2012
06/08/2012
07/13/2012
08/03/2012
Rates Fringes
Asbestos Workers/Insulator
(Includes the application of
all insulating materials,
protective coverings,
coatings, and finishes to all
types of mechanical systems) ..... $ 32.79 16.31
Fire Stop Technician
(Application of Firestopping
Materials for wall openings
and penetrations in walls,
floors, ceilings and curtain
walls) ........................... $ 24.21 13.76
ASBE0005-004 06/28/2010
Rates Fringes
Asbestos Removal
worker/hazardous material
handler (Includes
preparation, wetting,
stripping, removal,
scrapping, vacuuming, bagging
and disposing of all
insulation materials from
mechanical systems, whether
they contain asbestos or not) .... $ 18.70 8.65
* BRCA0004-010 05/01/2012
Rates Fringes
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BRICKLAYER; MARBLE SETTER ........ $ 35.26 12.26
*The wage scale for prevailing wage projects performed in
Blythe, China lake, Death Valley, Fort Irwin, Twenty-Nine
Palms, Needles and 1-15 corridor (Barstow to the Nevada
State Line) will be Three Dollars ($3.00) above the
standard San Bernardino/Riverside County hourly wage rate
----------------------------------------------------------------
BRCA0018-004 06/01/2012
Rates Fringes
MARBLE FINISHER .................. $ 27.04 10.66
TILE FINISHER .................... $ 22.37 9.19
TILE LAYER .......................
-------------------------- $ 33.55 13.55
-------
BRCA0018-010 09/01/2009 - ---------- --------------------
Rates Fringes
TERRAZZO FINISHER ................ $ 26.59 9.62
TERRAZZO WORKER/SETTER ...........
----------------------------- $ 33.63 10.46
----
CARP0409-001 07/01/2010 - ----------- -------------------
Rates Fringes
CARPENTER
(1) Carpenter, Cabinet
Installer, Insulation
Installer, Hardwood Floor
Worker and acoustical
installer, and solar panels. $ 37.35 11.08
(2) Millwright .............. $ 37.85 11.08
(3) Piledriver/Derrick
Bargeman, Bridge or Dock
Carpenter, Heavy Framer,
Rock Bargeman or Scowman,
Rockslinger, Shingler
(Commercial) ................ $ 37.48 10.58
(3) Piledrivermen/Derrick
Bargeman, Bridge or Dock
Carpenter, Heavy Framer,
Rock Bargeman or Scowman,
Rockslinger, Shingler
(Commercial) ................ $ 37.48 11.08
(4) Pneumatic Nailer,
Power Stapler ............... $ 37.60 11.08
(5) Sawfiler ............... $ 37.44 11.08
(6) Scaffold Builder ....... $ 28.55 11.08
(7) Table Power Saw
Operator .................... $ 37.45 11.08
FOOTNOTE: Work of forming in the construction of open cut
sewers or storm drains, on operations in which horizontal
lagging is used in conjunction with steel H-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. Certified Welder
- $1.00 per hour premium.
CARP0409-005 07/01/2010
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Rates Fringes
Drywall
DRYWALL INSTALLER/LATHER .... $ 37.35 11.08
STOCKER/SCRAPPER ............ $ 10.00 6.67
----------------------------------------------------------------
CARP0409-008 08/01/2010
Rates Fringes
Modular Furniture Installer ...... $ 17.00 7.41
----------------------------------------------------------------
* ELFC0011-002 05/28/2012
COMMUNICATIONS AND SYSTEMS WORK
Rates Fringes
Communications System
Installer ................... $ 27.25 3%+10.53
Technician .................. $ 29.05 11.80
SCOPE OF WORK:
Installation, testing, service and maintenance of systems
utilizing the transmission and/or transference of voice,
sound, vision and digital for commercial, educational,
security and entertainment purposes for the following: TV
monitoring and surveillance, background-foreground music,
intercom and telephone interconnect, inventory control
systems, microwave transmission, multi-media, multiplex,
nurse call systems, radio page, school intercom and sound,
burglar alarms, fire alarm (see last paragraph below) and
low voltage master clock systems in commercial buildings.
Communication Systems that transmit or receive information
and/or control systems that are intrinsic to the above
listed systems; inclusion or exclusion of terminations and
testings of conductors determined by their function;
excluding all other data systems or multiple systems which
include control function or power supply; excluding
installation of raceway systems, conduit systems, line
voltage work, and energy management systems. Does not
cover work performed at China Lake Naval Ordnance Test
Station. Fire alarm work shall be performed at the current
inside wireman total cost package.
ELEC0441-001 11/28/2011
Rates Fringes
CABLE SPLICER .................... $ 41.99 13.80
ELECTRICIAN ...................... $ 40.14 13.75
----------------------------------------------------------------
* ELEC0441-003 08/01/2011
COMMUNICATIONS & SYSTEMS WORK (excludes any work on Intelligent
Transportation Systems or CCTV highway systems)
Rates Fringes
Communications System
Installer ................... $ 28.32 10.25
Technician .................. $ 30.12 10.30
SCOPE OF WORK The work covered shall include the
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installation, testing, service and maintenance, of the
following systems that utilize the transmission and/or
transference of voice, sound, vision and digital for
commercial, education, security and entertainment purposes
for TV monitoring and surveillance, background foreground
music, intercom and telephone interconnect, inventory
control systems, microwave transmission, multi-media,
multiplex, nurse call system, radio page, school intercom
and sound, burglar alarms and low voltage master clock
systems.
A. Communication systems that transmit or receive information
and/or control systems that are intrinsic to the above
listed systems SCADA (Supervisory control/data acquisition
PCM (Pulse code modulation) Inventory control systems
Digital data systems Broadband & baseband and carriers
Point of sale systems VSAT data systems Data communication
systems RF and remote control systems Fiber optic data
systems
B. Sound and Voice Transmission/Transference Systems
Background-Foreground Music Intercom and Telephone
Interconnect Systems Sound and Musical Entertainment
Systems Nurse Call Systems Radio Page Systems School
Intercom and Sound Systems Burglar Alarm Systems
Low-Voltage Master Clock Systems Multi-Media/Multiplex
Systems Telephone Systems RF Systems and Antennas and Wave
Guide
C. *Fire Alarm Systems-installation, wire pulling and
testing.
D. Television and Video Systems Television Monitoring and
Surveillance Systems Video Security Systems Video
Entertainment Systems Video Educational Systems CATV and
CCTV
E. Security Systems, Perimeter Security Systems, Vibration
Sensor Systems
Sonar/Infrared Monitoring Equipment, Access Control Systems,
Card Access Systems
*Fire Alarm Systems
1. Fire Alarms-In Raceways: Wire and cable pulling in
raceways performed at the current electrician wage rate and
fringe benefits. Installation and termination of devices,
panels, startup, testing and programmming performed by the
Technician.
2. Fire Alarms-Open Wire Systems: installed by the Technician.
--------------------------------------------------------------
ELEC0441-004 11/28/2011
Rates Fringes
ELECTRICIAN (TRANSPORTATION
SYSTEMS, TRAFFIC SIGNALS &
STREET LIGHTING)
Cable Splicer/Fiber Optic
Splicer ..................... $ 40.74 13.77
Electrician ................. $ 40.14 13.75
Technician .................. $ 30.11 13.75
SCOPE OF WORK: Electrical work on public streets, freeways,
toll-ways, etc, above or below ground. All work necessary
for the installation, renovation, repair or removal of
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Intelligent Transportation Systems, Video Surveilance
Systems (CCTV), Street Lighting and and Traffic Signal work
or systems whether underground or on bridges. Includes
dusk to dawn lighting installations and ramps for access to
or egress from freeways, toll-ways, etc.
Intelligent Transportation Systems shall include all systems
and components to control, monitor, and communicate with
pedestrian or vehicular traffic, included but not limited
to: installation, modification, removal of all Fiber optic
Video System, Fiber Optic Data Systems, Direct interconnect
and Communications Systems, Microwave Data and Video
Systems, Infrared and Sonic Detection Systems, Solar Power
Systems, Highway Advisory Radio Systems, highway Weight and
Motion Systems, etc.
Any and all work required to install and maintain any
specialized or newly developed systems. All cutting,
fitting and bandaging of ducts, raceways, and conduits.
The cleaning, rodding and installation of "fish and pull
wires". The excavation, setting, leveling and grouting of
precast manholes, vaults, and pull boxes including ground
rods or grounding systems, rock necessary for leveling and
drainagae as well as pouring of a concrete envelope if
needed.
JOURNEYMAN TRANSPORTATION ELECTRICIAN shall perform all tasks
necessary toinstall the complete transportation system.
JOURNEYMAN TECHNICIAN duties shall consist of: Distribution
of material at job site, manual excavation and backfill,
installation of system conduits and raceways for
electrical, telephone, cable television and comnmunication
systems. Pulling, terminating and splicing of traffic
signal and street lighting conductors and electrical
systems including interconnect, dector loop, fiber optic
cable and video/data.
----------------------------------
* ELEC1245-001 06/01/2012 ----------- ------------
Rates Fringes
LINE CONSTRUCTION
(1) Lineman; Cable splicer..$ 48.95 14.05
(2) Equipment specialist
(operates crawler
tractors, commercial motor
vehicles, backhoes,
trenchers, cranes (50 tons
and below), overhead &
underground distribution
line equipment) ........... $ 39.09 12.97
(3) Groundman ............... $ 29.91 12.70
(4) Powderman ............... $ 43.71 13.15
HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day,
Independence Day, Labor Day, Veterans Day, Thanksgiving Day
and day after Thanksgiving, Christmas Day
----------------------------------------------------------------
ELEV0018-001 0110112012
Rates Fringes
ELEVATOR MECHANIC ................ $ 47.73 23.535
FOOTNOTE:
PAID VACATION: Employer contributes 80 of regular hourly
rate as vacation pay credit for employees with more than
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Thanksgiving, and Christmas Day.
years of service, and 6% for 6 months to 5 years of service.
PAID HOLIDAYS: New Years Day, Memorial Day, Independence Day,
Labor Day, Veterans Day, Thanksgiving Day, Friday after
ENGI0012-003 07/01/2012
Rates Fringes
OPERATOR: Power Equipment
(All Other Work)
GROUP 1 .................... $ 37.40 20.00
GROUP 2 .................... $ 38.18 20.00
GROUP 3 .................... $ 38.47 20.00
GROUP 4 .................... $ 39.96 20.00
GROUP 5 .................... $ 41.06 20.00
GROUP 6 .................... $ 40.18 20.00
GROUP 8 .................... $ 41.39 20.00
GROUP 9 .................... $ 40.41 20.00
GROUP 10 .................... $ 40.41 20.00
GROUP 11 .................... $ 40.58 20.00
GROUP 12 .................... $ 40.58 20.00
GROUP 13 .................... $ 40.68 20.00
GROUP 14 .................... $ 40.71 20.00
GROUP 15 .................... $ 40.79 20.00
GROUP 16 .................... $ 40.91 20.00
GROUP 17 .................... $ 41.08 20.00
GROUP 18 .................... $ 41.18 20.00
GROUP 19 .................... $ 41.29 20.00
GROUP 20 .................... $ 41.41 20.00
GROUP 21 .................... $ 41.58 20.00
GROUP 22 .................... $ 41.68 20.00
GROUP 23 .................... $ 41.79 20.00
GROUP 24 .................... $ 41.91 20.00
GROUP 25 .................... $ 42.08 20.00
OPERATOR: Power Equipment
(Cranes, Pi ledriving &
Hoisting)
GROUP 1 .................... $ 38.75 20.00
GROUP 2 .................... $ 39.53 20.00
GROUP 3 .................... $ 39.82 20.00
GROUP 4 .................... $ 39.96 20.00
GROUP 5 .................... $ 40.18 20.00
GROUP 6 .................... $ 40.29 20.00
GROUP 7 .................... $ 40.41 20.00
GROUP 8 .................... $ 40.58 20.00
GROUP 9 .................... $ 40.75 20.00
GROUP 10 .................... $ 41.75 20.00
GROUP 11 .................... $ 42.75 20.00
GROUP 12 .................... $ 43.75 20.00
GROUP 13 .................... $ 44.75 20.00
OPERATOR: Power Equipment
(Tunnel Wor k)
GROUP 1 .................... $ 39.25 20.00
GROUP 2 .................... $ 40.03 20.00
GROUP 3 .................... $ 40.32 20.00
GROUP 4 .................... $ 40.46 20.00
GROUP 5 .................... $ 40.68 20.00
GROUP 6 .................... $ 40.79 20.00
GROUP 7 .................... $ 40.91 20.00
PREMIUM PAY:
$3.75 per hour shall be paid on all Power Equipment operator
work on the followng Military Bases: China Lake Naval
Reserve, Vandenberg AFB, Point Arguello, Seely Naval Base,
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Fort Irwin, Nebo Annex Marine Base, Marine Corp Logistics
Base Yermo, Edwards AFB, 29 Palms Marine Base and Camp
Pendleton
Workers required to suit up and work in a hazardous material
environment: $2.00 per hour additional. Combination mixer
and compressor operator on gunite work shall be classified
as a concrete mobile mixer operator.
SEE ZONE DEFINITIONS AFTER CLASSIFICATIONS
POWER EQUIPMENT OPERATORS CLASSIFICATIONS
GROUP l: Bargeman; Brakeman; Compressor operator; Ditch
Witch, with seat or similar type equipment; Elevator
operator-inside; Engineer Oiler; Forklift operator
(includes loed, lull or similar types under 5 tons;
Generator operator; Generator, pump or compressor plant
operator; Pump operator; Signalman; Switchman
GROUP 2: Asphalt-rubber plant operator (nurse tank operator);
Concrete mixer operator-skip type; Conveyor operator;
Fireman; Forklift operator (includes loed, lull or similar
types over 5 tons; Hydrostatic pump operator; oiler crusher
(asphalt or concrete plant); Petromat laydown machine; PJU
side dum jack; Screening and conveyor machine operator (or
similar types); Skiploader (wheel type up to 3/4 yd.
without attachment); Tar pot fireman; Temporary heating
plant operator; Trenching machine oiler
GROUP 3: Asphalt-rubber blend operator; Bobcat or similar
type (Skid steer); Equipment greaser (rack); Ford Ferguson
(with dragtype attachments); Helicopter radioman (ground);
Stationary pipe wrapping and cleaning machine operator
GROUP 4: Asphalt plant fireman; Backhoe operator (mini-max or
similar type); Boring machine operator; Boxman or mixerman
(asphalt or concrete); Chip spreading machine operator;
Concrete cleaning decontamination machine operator;
Concrete Pump Operator (small portable); Drilling machine
operator, small auger types (Texoma super economatic or
similar types - Hughes 100 or 200 or similar types -
drilling depth of 30' maximum); Equipment greaser (grease
truck); Guard rail post driver operator; Highline cableway
signalman; Hydra-hammer-aero stomper; Micro Tunneling
(above ground tunnel); Power concrete curing machine
operator; Power concrete saw operator; Power-driven jumbo
form setter operator; Power sweeper operator; Rock Wheel
Saw/Trencher; Roller operator (compacting); Screed operator
(asphalt or concrete); Trenching machine operator (up to 6
ft.); Vacuum or much truck
GROUP 5: Equipment Greaser (Grease Truck/Multi Shift).
GROUP 6: Articulating material hauler; Asphalt plant
engineer; Batch plant operator; Bit sharpener; Concrete
joint machine operator (canal and similar type); Concrete
planer operator; Dandy digger; Deck engine operator;
Derrickman (oilfield type); Drilling machine operator,
bucket or auger types (Calweld 100 bucket or similar types
- Watson 1000 auger or similar types - Texoma 330, 500 or
600 auger_ or similar types - drilling depth of 45'
maximum); Drilling machine operator; Hydrographic seeder
machine operator (straw, pulp or seed), Jackson track
maintainer, or similar type; Kalamazoo Switch tamper, or
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similar type; Machine tool operator; Maginnis internal full
slab vibrator, Mechanical berm, curb or gutter(concrete or
asphalt); Mechanical finisher operator (concrete,
Clary-Johnson-Bidwell or similar); Micro tunnel system
(below ground); Pavement breaker operator (truck mounted);
Road oil mixing machine operator; Roller operator (asphalt
or finish), rubber-tired earth moving equipment (single
engine, up to and including 25 yds. struck); Self-propelled
tar pipelining machine operator; Skiploader operator
(crawler and wheel type, over 3/4 yd. and up to and
including 1-1/2 yds.); Slip form pump operator (power
driven hydraulic lifting device for concrete forms);
Tractor operator-bulldozer, tamper-scraper (single engine,
up to 100 h.p. flywheel and similar types, up to and
including D-5 and similar types); Tugger hoist operator (1
drum); Ultra high pressure waterjet cutting tool system
operator; Vacuum blasting machine operator
GROUP 8: Asphalt or concrete spreading operator (tamping or
finishing); Asphalt paving machine operator (Barber Greene
or similar type); Asphalt-rubber distribution operator;
Backhoe operator (up to and including 3/4 yd.), small ford,
Case or similar; Cast-in-place pipe laying machine
operator; Combination mixer and compressor operator (gunite
work); Compactor operator (self-propelled); Concrete mixer
operator (paving); Crushing plant operator; Drill Doctor;
Drilling machine operator, Bucket or auger types (Calweld
150 bucket or similar types - Watson 1500, 2000 2500 auger
or similar types - Texoma 700, 800 auger or similar types -
drilling depth of 60' maximum); Elevating grader operator;
Grade checker; Gradall operator; Grouting machine operator;
Heavy-duty repairman; Heavy equipment robotics operator;
Kalamazoo balliste regulator or similar type; Kolman belt
loader and similar type; Le Tourneau blob compactor or
similar type; Loader operator (Athey, Euclid, Sierra and
similar types); Mobark Chipper or similar; Ozzie padder or
similar types; P.C. slot saw; Pneumatic concrete placing
machine operator (Hackley-Presswell or similar type);
Pumpcrete gun operator; Rock Drill or similar types; Rotary
drill operator (excluding caisson type); Rubber-tired
earth-moving equipment operator (single engine,
caterpillar, Euclid, Athey Wagon and similar types with any
and all attachments over 25 yds. up to and including 50 cu.
yds. struck); Rubber-tired earth-moving equipment operator
(multiple engine up to and including 25 yds. struck);
Rubber-tired scraper operator (self-loading paddle wheel
type-John Deere, 1040 and similar single unit); Self-
propelled curb and gutter machine operator; Shuttle buggy;
Skiploader operator (crawler and wheel type over 1-112 yds.
up to and including 6-1/2 yds.); Soil remediation plant
operator; Surface heaters and planer operator; Tractor
compressor drill combination operator; Tractor operator
(any type larger than D-5 - 100 flywheel h.p. and over, or
similar-bulldozer, tamper, scraper and push tractor single
engine); Tractor operator (boom attachments), Traveling
pipe wrapping, cleaning and bendng machine operator;
Trenching machine operator (over 6 ft. depth capacity,
manufacturer's rating); trenching Machine with Road Miner
attachment (over 6 ft depth capacity): Ultra high pressure
waterjet cutting tool system mechanic; Water pull
(compaction) operator
GROUP 9: Heavy Duty Repairman
GROUP 10: Drilling machine operator, Bucket or auger types
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(Calweld 200 B bucket or similar types-Watson 3000 or 5000
auger or similar types-Texoma 900 auger or similar
types-drilling depth of 105' maximum); Dual drum mixer,
dynamic compactor LDC350 (or similar types); Monorail
locomotive operator (diesel, gas or electric); Motor
patrol-blade operator (single engine); Multiple engine
tractor operator (Euclid and similar type-except Quad 9
cat.); Rubber-tired earth-moving equipment operator (single
engine, over 50 yds. struck); Pneumatic pipe ramming tool
and similar types; Prestressed wrapping machine operator;
Rubber-tired earth-moving equipment operator (single
engine, over 50 yds. struck); Rubber tired earth moving
equipment operator (multiple engine, Euclid, caterpillar
and similar over 25 yds. and up to 50 yds. struck), Tower
crane repairman; Tractor loader operator (crawler and wheel
type over 6-1/2 yds.); Woods mixer operator (and similar
Pugmill equipment)
GROUP 11: Heavy Duty Repairman - Welder Combination, Welder -
Certified.
GROUP 12: Auto grader operator; Automatic slip form operator;
Drilling machine operator, bucket or auger types (Calweld,
auger 200 CA or similar types - Watson, auger 6000 or
similar types - Hughes Super Duty, auger 200 or similar
types - drilling depth of 175' maximum); Hoe ram or similar
with compressor; Mass excavator operator less tha 750 cu.
yards; Mechanical finishing machine operator; Mobile form
traveler operator; Motor patrol operator (multi-engine);
Pipe mobile machine operator; Rubber-tired earth- moving
equipment operator (multiple engine, Euclid, Caterpillar
and similar type, over 50 cu. yds. struck); Rubber-tired
self- loading scraper operator (paddle-wheel-auger type
self-loading - two (2) or more units)
GROUP 13: Rubber-tired earth-moving equipment operator
operating equipment with push-pull system (single engine,
up to and including 25 yds. struck)
GROUP 14: Canal liner operator; Canal trimmer operator;
Remote- control earth-moving equipment operator (operating
a second piece of equipment: $1.00 per hour additional);
Wheel excavator operator (over 750 cu. yds.)
GROUP 15: Rubber-tired earth-moving equipment operator,
operating equipment with push-pull system (single engine,
Caterpillar, Euclid, Athey Wagon and similar types with any
and all attachments over 25 yds. and up to and including 50
yds. struck); Rubber-tired earth-moving equipment operator,
operating equipment with push-pull system (multiple
engine-up to and including 25 yds. struck)
GROUP 16: Rubber-tired earth-moving equipment operator,
operating equipment with push-pull system (single engine,
over 50 yds. struck); Rubber-tired earth-moving equipment
operator, operating equipment with push-pull system
(multiple engine, Euclid, Caterpillar and similar, over 25
yds. and up to 50 yds. struck)
GROUP 17: Rubber-tired earth-moving equipment operator,
operating equipment with push-pull system (multiple engine,
Euclid, Caterpillar and similar, over 50 cu. yds. struck);
Tandem tractor operator (operating crawler type tractors in
tandem - Quad 9 and similar type)
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GROUP 18: Rubber-tired earth-moving equipment operator,
operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
single engine, up to and including 25 yds. struck)
GROUP 19: Rotex concrete belt operator (or similar types);
Rubber-tired earth-moving equipment operator, operating in
tandem (scrapers, belly dumps and similar types in any
combination, excluding compaction units - single engine,
Caterpillar, Euclid, Athey Wagon and similar types with any
and all attachments over 25 yds.and up to and including 50
cu. yds. struck); Rubber-tired earth-moving equipment
operator, operating in tandem (scrapers, belly dumps and
similar types in any combination, excluding compaction
units - multiple engine, up to and including 25 yds. struck)
GROUP 20: Rubber-tired earth-moving equipment operator,
operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
single engine, over 50 yds. struck); Rubber-tired
earth-moving equipment operator, operating in tandem
(scrapers, belly dumps, and similar types in any
combination, excluding compaction units - multiple engine,
Euclid, Caterpillar and similar, over 25 yds. and up to 50
yds. struck)
GROUP 21: Rubber-tired earth-moving equipment operator,
operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
multiple engine, Euclid, Caterpillar and similar type, over
50 cu. yds. struck)
GROUP 22: Rubber-tired earth-moving equipment operator,
operating equipment with the tandem push-pull system
(single engine, up to and including 25 yds. struck)
GROUP 23: Rubber-tired earth-moving equipment operator,
operating equipment with the tandem push-pull system
(single engine, Caterpillar, Euclid, Athey Wagon and
similar types with any and all attachments over 25 yds. and
up to and including 50 yds. struck); Rubber-tired
earth-moving equipment operator, operating with the tandem
push-pull system (multiple engine, up to and including 25
yds. struck)
GROUP 24: Rubber-tired earth-moving equipment operator,
operating equipment with the tandem push-pull system
(single engine, over 50 yds. struck); Rubber-tired
earth-moving equipment operator, operating equipment with
the tandem push-pull system (multiple engine, Euclid,
Caterpillar and similar, over 25 yds. and up to 50 yds.
struck)
GROUP 25: Concrete pump operator-truck mounted; Rubber-tired
earth-moving equipment operator, operating equipment with
the tandem push-pull system (multiple engine, Euclid,
Caterpillar and similar type, over 50 cu. yds. struck)
CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS
GROUP 1: Engineer oiler; Fork lift operator (includes loed,
lull or similar types)
GROUP 2: Truck crane oiler
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GROUP 3: A-frame or winch truck operator; Ross carrier
operator (jobsite)
GROUP 4: Bridge-type unloader and turntable operator;
Helicopter hoist operator
GROUP 5: Hydraulic boom truck; Stinger crane (Austin-Western
or similar type); Tugger hoist operator (1 drum)
GROUP 6: Bridge crane operator; Cretor crane operator; Hoist
operator (Chicago boom and similar type); Lift mobile
operator; Lift slab machine operator (Vagtborg and similar
types); Material hoist and/or manlift operator; Polar
gantry crane operator; Self Climbing scaffold (or similar
type); Shovel, backhoe, dragline, clamshell operator (over
3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator
GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline,
clamshell operator (over 5 cu. yds. mrc); Tower crane
repair; Tugger hoist operator (3 drum)
GROUP 8: Crane operator (up to and including 25 ton
capacity); Crawler transporter operator; Derrick barge
operator (up to and including 25 ton capacity); Hoist
operator, stiff legs, Guy derrick or similar type (up to
and including 25 ton capacity); Shovel, backhoe, dragline,
clamshell operator (over 7 cu. yds., M.R.C.)
GROUP 9: Crane operator (over 25 tons and up to and including
50 tons mrc); Derrick barge operator (over 25 tons up to
and including 50 tons mrc); Highline cableway operator;
Hoist operator, stiff legs, Guy derrick or similar type
(over 25 tons up to and including 50 tons mrc); K-crane
operator; Polar crane operator; Self erecting tower crane
operator maximum lifting capacity ten tons
GROUP 10: Crane operator (over 50 tons and up to and
including 100 tons mrc); Derrick barge operator (over 50
tons up to and including 100 tons mrc); Hoist operator,
stiff legs, Guy derrick or similar type (over 50 tons up to
and including 100 tons mrc), Mobile tower crane operator
(over 50 tons, up to and including 100 tons M.R.C.); Tower
crane operator and tower gantry
GROUP 11: Crane operator (over 100 tons and up to and
including 200 tons mrc); Derrick barge operator (over 100
tons up to and including 200 tons mrc); Hoist operator,
stiff legs, Guy derrick or similar type (over 100 tons up
to and including 200 tons mrc); Mobile tower crane operator
(over 100 tons up to and including 200 tons mrc)
GROUP 12: Crane operator (over 200 tons up to and including
300 tons mrc); Derrick barge operator (over 200 tons up to
and including 300 tons mrc); Hoist operator, stiff legs,
Guy derrick or similar type (over 200 tons, up to and
including 300 tons mrc); Mobile tower crane operator (over
200 tons, up to and including 300 tons mrc)
GROUP 13: Crane operator (over 300 tons); Derrick barge
operator (over 300 tons); Helicopter pilot; Hoist operator,
stiff legs, Guy derrick or similar type (over 300 tons);
Mobile tower crane operator (over 300 tons)
TUNNEL CLASSIFICATIONS
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GROUP l: 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, RlE, SBM.
Continue S along west boundary of RlE, SMB to Riverside County
line at the SW corner of T1S, R1E, SBM. Continue E along south
boundary of Tls, SBM (Riverside County Line) to SW corner of
T1S, R10E, SBM. Continue S along west boundary of R10E, SBM to
Imperial County line at the SW corner of TBS, R10E, SBM.
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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 TBN, R21W.
Continue W along the Ventura County and Kern County boundary to
the SE corner of T9N, R21W. Continue North along the East edge
of R21W, 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 TI1N 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, TlON, R22E, Mt. Diablo Meridian. Continue S then
SE along the entire western boundary of Mono County, until it
reaches Inyo County at the point which is the NE corner of the
Western half of the NW quarter of Section 2, TBS, R29E, MDM.
Continue SSE along the entire western boundary of Inyo County,
until the intersection with Kern County at the point which is
the SW corner of the SE 1/4 of Section 32, T24S, R37E, MDM.
Continue E along the Inyo and Kern County boundary until the
intersection with San Bernardino County at that point which is
the SE corner of section 34, T24S, R40E, MDM. Continue E along
the Inyo and San Bernardino County boundary until the point
which is the NE corner of the Western half of the NW quarter of
Section 6, T25S, R42E, MDM. Continue S to that point which is
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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 RELIEVES BASE RATE
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* ENGI0012-004 08/01/2012
Rates Fringes
OPERATOR: Power Equipment
(DREDGING)
(1) Leverman ................ $ 45.40 20.00
(2) Dredge dozer ............ $ 40.93 20.00
(3) Deckmate ................ $ 40.82 20.00
(4) Winch operator (stern
winch on dredge) ............ $ 40.27 20.00
(5) Fireman-Oiler,
Deckhand, Bargeman,
Leveehand ................... $ 39.73 20.00
(6) Barge Mate .............. $ 40.34 20.00
* IRON0002-004 07/01/2012
Rates Fringes
Ironworkers:
Fence Erector ............... $ 26.58 16.345
Ornamental, Reinforcing
and Structural .............. $ 33.00 24.985
PREMIUM PAY:
$6.00 additional per hour at the following locations:
China Lake Naval Test Station, Chocolate Mountains Naval
Reserve-Niland,
Edwards AFB, Fort Irwin Military Station, Fort Irwin Training
Center-Goldstone, San Clemente Island, San Nicholas Island,
Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine
Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB
$4.00 additional per hour at the following locations:
Army Defense Language Institute - Monterey, Fallon Air Base,
Naval Post Graduate School - Monterey, Yermo Marine Corps
Logistics Center
$2.00 additional per hour at the following locations:
Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock
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* LAB00300-001 07/01/2012
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Brick Tender ..................... $ 27.17 17.36
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LAB00300-003 0710112011
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LABORER (GUNITE)
GROUP 1 ..................... $
GROUP 2 ..................... $
GROUP 3 ..................... $
LABORER (TUNNEL)
GROUP 1 ..................... $
GROUP 2 ..................... $
GROUP 3 ..................... $
GROUP 4 ..................... $
LABORER
GROUP 1 ..................... $
GROUP 2 ..................... $
GROUP 3 ..................... $
GROUP 4 ..................... $
GROUP 5 ..................... $
Rates Fringes
30.04 14.20
29.09 14.20
25.55 14.20
32.20 15.98
32.52 15.98
32.98 15.98
33.67 15.98
26.33 16.00
26.88 16.00
27.43 16.00
28.98 16.00
29.33 16.00
FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a
Bosn'n's Chair or suspended from a rope or cable shall
receive 40 cents per hour above the foregoing applicable
classification rates. Workers doing gunite and/or
shotcrete work in a tunnel shall receive 35 cents per hour
above the foregoing applicable classification rates, paid
on a portal-to-portal basis. Any work performed on, in or
above any smoke stack, silo, storage elevator or similar
type of structure, when such structure is in excess of
75'-0" above base level and which work must be performed in
whole or in part more than 75'-0" above base level, that
work performed above the 75'-0" level shall be compensated
for at 35 cents per hour above the applicable
classification wage rate.
LABORER CLASSIFICATIONS
GROUP 1: Cleaning and handling of panel forms; Concrete
screeding for rough strike-off; Concrete, water curing;
Demolition laborer, the cleaning of brick if performed by a
worker performing any other phase of demolition work, and
the cleaning of lumber; Fire watcher, limber, brush loader,
piler and debris handler; Flag person; Gas, oil and/or
water pipeline laborer; Laborer, asphalt-rubber material
loader; Laborer, general or construction; Laborer, general
clean-up; Laborer, landscaping; Laborer, jetting; Laborer,
temporary water and air lines; Material hose operator
(walls, slabs, floors and decks); Plugging, filling of shee
bolt holes; Dry packing of concrete; Railroad maintenance,
repair track person and road beds; Streetcar and railroad
construction track laborers; Rigging and signaling; Scaler;
Slip form raiser; Tar and mortar; Tool crib or tool house
laborer; Traffic control by any method; Window cleaner;
Wire mesh pulling - all concrete pouring operations
GROUP 2: Asphalt shoveler; Cement dumper (on 1 yd. or larger
mixer and handling bulk cement); Cesspool digger and
installer; Chucktender; Chute handler, pouring concrete,
the handling of the chute from readymix trucks, such as
walls, slabs, decks, floors, foundation, footings, curbs,
gutters and sidewalks; Concrete curer, impervious membrane
and form oiler; Cutting torch operator (demolition); Fine
grader, highways and street paving, airport, runways and
similar type heavy construction; Gas, oil and/or water
pipeline wrapper - pot tender and form person; Guinea
chaser; Headerboard person - asphalt; Laborer, packing rod
steel and pans; Membrane vapor barrier installer; Power
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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; Bull gang mucker, track person;
Changehouse person; Concrete crew, including rodder and
spreader; Dump person; Dump person (outside); Swamper
(brake person and switch person on tunnel work); Tunnel
materials handling person
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GROUP 2: Chucktender, cabletender; Loading and unloading
agitator cars; Nipper; Pot tender, using mastic or other
materials (for example, but not by way of limitation,
shotcrete, etc.); Vibrator person, jack hammer, pneumatic
tools (except driller)
GROUP 3: Blaster, driller, powder person; Chemical grout jet
person; Cherry picker person; Grout gun person; Grout mixer
person; Grout pump person; Jackleg miner; Jumbo person;
Kemper and other pneumatic concrete placer operator; Miner,
tunnel (hand or machine); Nozzle person; Operating of
troweling and/or grouting machines; Powder person (primer
house); Primer person; Sandblaster; Shotcrete person; Steel
form raiser and setter; Timber person, retimber person,
wood or steel; Tunnel Concrete finisher
GROUP 4: Diamond driller; Sandblaster; Shaft and raise work
GUNITE LABORER CLASSIFICATIONS
GROUP 1: Rodmen, Nozzlemen
GROUP 2: Gunmen
GROUP 3: Reboundmen
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LAB00300-005 08/05/2009
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LABORER
PLASTER CLEAN-UP LABORER .... $ 26.65 15.95
PLASTER TENDER .............. $ 29.20 15.95
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LAB00882-002 0110112010
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Asbestos Removal Laborer ......... $ 26.15 11.65
SCOPE OF WORK: Includes site mobilization, initial site
cleanup, site preparation, removal of asbestos-containing
material and toxic waste, encapsulation, enclosure and
disposal of asbestos- containing materials and toxic waste
by hand or with equipment or machinery; scaffolding,
fabrication of temporary wooden barriers and assembly of
decontamination stations.
LABO1184-001 07/01/2011
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Laborers: (HORIZONTAL
DIRECTIONAL DRILLING)
(1) Drilling Crew Laborer ...$ 28.01 11.48
(2) Vehicle Operator/Hauler.$ 28.18 11.48
(3) Horizontal Directional
Drill Operator .............. $ 30.03 11.48
(4) Electronic Tracking
Locator ..................... $ 32.03 11.48
Laborers: (STRIPING/SLURRY
SEAL)
GROUP 1 ..................... $ 28.50 14.56
GROUP 2 ..................... $ 29.80 14.56
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GROUP 3 ..................... $ 31.81
GROUP 4 ..................... $ 33.55
LABORERS - STRIPING CLASSIFICATIONS
14.56
14.56
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
----------------------------------------------------------------
PAIN0036-001 01/01/2012
Rates Fringes
Painters: (Including Lead
Abatement)
(1) Repaint (excludes San
Diego County) ............... $ 26.05 10.35
(2) All Other Work .......... $ 29.32 10.35
REPAINT of any previously painted structure. Exceptions:
work involving the aerospace industry, breweries,
commercial recreational facilities, hotels which operate
commercial establishments as part of hotel service, and
sports facilities.
----------------------------------------------------------------
PAIN0036-008 10/05/2011
Rates Fringes
DRYWALL FINISHER/TAPER ........... $ 33.22 13.81
PAIN0036-015 06/01/2012
Rates Fringes
GLAZIER .......................... $ 38.95 19.83
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FOOTNOTE: Additional $1.25 per hour for work in a condor,
from the third (3rd) floor and up Additional $1.25 per
hour for work on the outside of the building from a swing
stage or any suspended contrivance, from the ground up
----------------------------------------------------------------
PAIN1247-002 05/01/2012
Rates Fringes
SOFT FLOOR LAYER ................. $ 30.85 10.54
----------------------------------------------------------------
PLAS0200-009 08/01/2011
Rates Fringes
PLASTERER ........................ $ 35.29 12.05
----------------------------------------------------------------
PLAS0500-002 10/01/2011
Rates Fringes
CEMENT MASON/CONCRETE FINISHER ...$ 35.38 14.72
----------------------------------------------------------------
* PLUM0016-001 07/01/2012
Rates Fringes
PLUMBER/PIPEFITTER
Plumber and Pipefitter
All other work except
work on new additions and
remodeling of bars,
restaurant, stores and
commercial buildings not
to exceed 5,000 sq. ft.
of floor space and work
on strip malls, light
commercial, tenant
improvement and remodel
work ....................... $ 41.60 19.68
Work ONLY on new additions
and remodeling of bars,
restaurant, stores and
commercial buildings not
to exceed 5,000 sq. ft. of
floor space ................. $ 40.33 18.70
Work ONLY on strip malls,
light commercial, tenant
improvement and remodel
work ........................ $ 32.49 17.03
* PLUM0345-001 07/01/2012
Rates Fringes
PLUMBER
Landscape/Irrigation Fitter.$ 27.35 17.09
Sewer & Storm Drain Work .... $ 31.00 16.01
----------------------------------------------------------------
ROOF0036-002 08/01/2011
Rates Fringes
ROOFER ........................... $ 34.65 10.71
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FOOTNOTE: Pitch premium: Work on which employees are exposed
to pitch fumes or required to handle pitch, pitch base or
pitch impregnated products, or any material containing coal
tar pitch, the entire roofing crew shall receive $1.75 per
hour "pitch premium" pay.
----------------------------------------------------------------
SFCA0669-008 04/01/2012
DOES NOT INCLUDE SAN CLEMENTE ISLAND, THE CITY OF SANTA ANA,
AND THAT PART OF ORANGE COUNTY WITHIN 25 MILES OF THE CITY
LIMITS OF LOS ANGELES:
Rates Fringes
SPRINKLER FITTER ................. $ 33.43 19.23
----------------------------------------------------------------
SFCA0709-003 01/01/2012
SAN CLEMENTE ISLAND, THE CITY OF SANTA ANA, AND THAT PART OF
ORANGE COUNTY WITHIN 25 MILES BEYOND THE CITY LIMITS OF LOS
ANGELES:
Rates Fringes
SPRINKLER FITTER (Fire).......... $ 40.56 23.62
----------------------------------------------------------------
* SHEE0105-003 07/01/2012
LOS ANGELES (South of a straight line drawn between Gorman and
Big Pines)and Catalina Island, INYO, KERN (Northeast part, East
of Hwy 395), MONO ORANGE, RIVERSIDE, AND SAN BERNARDINO COUNTIES
Rates Fringes
SHEET METAL WORKER
(1) Commercial - New
Construction and Remodel
work ........................ $ 41.45 20.41
(2) Industrial work
including air pollution
control systems, noise
abatement, hand rails,
guard rails, excluding
aritechtural sheet metal
work, excluding A-C,
heating, ventilating
systems for human comfort ...
------------------------------ $ 35.75 26.41
---
TEAM0011-002 07/01/2011 - ----------- -------------------
Rates Fringes
TRUCK DRIVER
GROUP I .................... $ 26.79 20.84
GROUP 2 .................... $ 26.94 20.84
GROUP 3 .................... $ 27.07 20.84
GROUP 4 .................... $ 27.26 20.84
GROUP 5 .................... $ 27.29 20.84
GROUP 6 .................... $ 27.32 20.84
GROUP 7 .................... $ 27.57 20.84
GROUP 8 .................... $ 27.82 20.84
GROUP 9 .................... $ 28.02 20.84
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GROUP 10 .................... $ 28.32 20.84
GROUP 11 .................... $ 28.82 20.84
GROUP 12 .................... $ 29.25 20.84
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 l: Truck driver
GROUP 2: Driver of vehicle or combination of vehicles - 2
axles; Traffic control pilot car excluding moving heavy
equipment permit load; Truck mounted broom
GROUP 3: Driver of vehicle or combination of vehicles - 3
axles; Boot person; Cement mason distribution truck; Fuel
truck driver; Water truck - 2 axle; Dump truck, less than
16 yds. water level; Erosion control driver
GROUP 4: Driver of transit mix truck, under 3 yds.; 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.
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Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)).
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of "identifiers" that indicate whether the particular
rate is union or non-union.
Union Identifiers
An identifier enclosed in dotted lines beginning with
characters other than "SU" denotes that the union
classification and rate have found to be prevailing for that
classification. Example: PLUM0198-005 07/01/2011. The
first four letters , PLUM, indicate the international union and
the four-digit number, 0198, that follows indicates the local
union number or district council number where applicable ,
i.e., Plumbers Local 0198. The next number, 005 in the
example, is an internal number used in processing the wage
determination. The date, 07/01/2011, following these
characters is the effective date of the most current
negotiated rate/collective bargaining agreement which would be
July 1, 2011 in the above example.
Union prevailing wage rates will be updated to reflect any
changes in the collective bargaining agreements governing the
rate.
Non-Union Identifiers
Classifications listed under an "SU" identifier were derived
from survey data by computing average rates and are not union
rates; however, the data used in computing these rates may
include both union and non-union data. Example: SULA2004-007
5/13/2010. SU indicates the rates are not union rates, LA
indicates the State of Louisiana; 2004 is the year of the
survey; and 007 is an internal number used in producing the
wage determination. A 1993 or later date, 5/13/2010, indicates
the classifications and rates under that identifier were issued
as a General Wage Determination on that date.
Survey wage rates will remain in effect and will not change
until a new survey is conducted.
WAGE DETERMINATION APPEALS PROCESS
l.) 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
22 of 23 2 5 H -45 8/28/2012 10:39 AM
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* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
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
23 of 23 25H-46 8/28/2012 10:39 AM
EXHIBIT E
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
# relating to the following:
1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its
officers, employees, agents, volunteers and representatives are named as additional insureds
("additional insureds") with regard to liability and defense of suits arising from the operations
and uses performed by or on behalf of the named insured.
2. With respect to claims arising out of the operations and uses performed by or on
behalf of the named insured, such insurance as is afforded by this policy is primary and is not
additional to or contributing with any other insurance carried by or for the benefit of the
additional insureds.
3. This insurance applies separately-to each insured against whom claim is made or
suit is brought except with respecttothe company's limits>of liability. The inclusion of any
person or organization: as an insured shall not affect any right which such person or organization
would have as a claimant if not so included.
4. With respect to.the additional insureds, this insurance shall not be cancelled, or
materially reduced in coverage or limits except after thirty (30) days written notice has been
given to the City.of Santa Ana, 20-Civic Center Plaza, Santa Ana, California 92701.
(Completion of the following, including countersignature, is required to make this endorsement
effective.)
Effective , this endorsement form as a part of
Policy #
Issued to
Named Insured
Countersigned by
Authorized Representative
25H-47
25H-48
FUNDING ANALYSIS
PROJECT NO. 11-7532
COMMUNITY CENTER
Construction Reimbursement
Agreement $2,375,000
Inspection/Oversight $237,500
Contingencies $237,500
TOTAL ESTIMATED COST $2,850,000
EXHIBIT 2
25H-49
25H-50
JOINT USE AGREEMENT BY AND BETWEEN
SANTA ANA UNIFIED SCHOOL DISTRICT
AND THE CITY OF SANTA ANA
(GARFIELD ELEMENTARY SCHOOL)
THIS JOINT USE AGREEMENT ("Agreement") is made and entered into to be effective
on the _ day of , 2012, by and between the Santa Ana Unified School District
("District'), a public school district duly organized and existing under the laws of the State of
California, and the City of Santa Ana ("CITY"), a charter city and municipal corporation duly
organized and existing under the constitution and laws of the State of California.
RECITALS.-
1 . The District owns and operates Garfield Elementary School which is located at 850
Brown Street, Santa Ana, California ("School'), and has property on the School site that
is suitable for use for community programs.
2. California Education Code §10900 et sec. authorizes the District to organize, promote
and conduct programs for community recreation, and to cooperate in providing
community recreation programs and facilities.
3. The City and District desire to undertake a coordinated use of a 10,000 sq. ft.
Community Center on the School site ("Community Center") to allow maximum use by
community residents in order to coordinate, schedule and conduct community
programs.
4. The coordinated use of the Community Center is intended to benefit the families that
live in the immediate vicinity of Garfield Elementary School.
5. The partnership between the City and District created by this Joint Use Agreement is
intended to improve general health and wellness for the residents of the Garfield
community.
6. City and District desire to enter into this Agreement to provide for joint use and
maintenance of the Community Center, and parking lots at Garfield School.
AGREEMENT:
NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions
herein contained, the parties hereto agree as follows-
1 . DEFINITIONS. The following definitions shall apply to the terms as used in this
Agreement:
A. Joint Use Facilities" shall mean the Community Center and parking lots, but not
the 2nd floor of the Community Center, which is available for City use and
programming at all times, all as identified in Exhibit "A" attached hereto,
EXHIBIT 3
25H-51
B. "Technical Advisory Committee" shall mean that certain committee created
and appointed by the City Manager of the City and the Superintendent of the
District pursuant to the Joint Use Agreement between the parties pertaining to
the Godinez High School at Centennial Park. The Technical Advisory Committee
shall be responsible for resolving conflicts in scheduling of the Joint Use Facilities
at Garfield School.
C. "Regular School Hours" shall mean 8:00 am through 4:00 pm, Monday through
Friday (excluding state and national holidays observed by the District) unless
changed by agreement of the parties.
D. "District Time" shall mean the time during Regular School Hours, when the
District shall have the right to schedule use of the Joint Use Facilities.
E. "City Time" shall mean those days and hours, outside of Regular School Hours
and weekends, when the City shall have the right to schedule use of the Joint
Use Facilities.
F. "School" shall mean the specific District school identified in the above Recitals.
2. TERM AND COMMENCEMENT. This Agreement shall commence on , 2012,
and shall run for a term of 30 years. Upon the written agreement of the parties, the term
may be extended for up to two additional ten (10) year terms.
3. PERMITTED USE OF FACILITIES. The rights of the City to schedule use of the Joint
Use Facilities shall be determined based on the following,
District Use. District shall have the right, without prior consent of the City, to
schedule use of the Joint Use Facilities during Regular School Hours for both the
regular school year and any summer school and, on a first priority basis, for
activities during City Time upon timely notice to the City and in compliance with
the provisions, herein ("District Use"). However, if City has already scheduled a
program for the 1St Floor, then District shall use its reasonable efforts to provide
City with an acceptable alternate location on the Garfield School Site.
1) District Use shall not include use of the 2nd floor of the Community Center.
2) A separate point of access or agreed upon control system will be provided
for the City's use of the 2" d floor of the Community Center.
B. City Use and Overall Programming Responsibilities
1) CITY shall have exclusive use of the 2"d floor of the Community Center and
the parking lot located north of the Community Center during school hours.
During non-school hours and weekends, City shall have access and use of
all parking lots on the Garfield site.
EXHIBIT 3
25H-52
2) The CITY shall be responsible for and have the authority to schedule use of
the Joint Use Facilities during City Time.
3) The CITY shall establish a system to provide for the coordination and
scheduling of its use of the Joint Use Facilities, including a procedure for
reserving the use of the Joint Use Facilities.
C. District Priority for Use of Joint Use Facilities. Priority will be given to any School
or District need for the use of the Joint Use Facilities during City Time. The City
shall inform third-party organizations that those organizations may not have use
of the Joint Use Facilities due to District Use during City Time. If one of those
organizations is unable to use the Joint Use Facilities during City Time because
of a District Use, the District will use its reasonable efforts to attempt to find an
acceptable alternative location on the Garfield School site for that organization's
use during the time of District Use.
E. City Programming.
The City may conduct programs itself or do so through a third party, so long as
they are done in the same manner and under the same conditions as
programming in other City facilities and so long as they meet any applicable
State and Federal anti-discrimination requirements and school-site safety
standards, such as the prohibition of alcoholic beverages and tobacco. The City
shall also comply with all restrictions on admission fees or other charges per
Education Code Section 10900, et seq., when it charges and collects and retains
reservation fees, user fees or other charges for City Use of Joint Use Facilities.
The City shall not charge the District and the District shall not the rge the City for
any use of the Joint Use Facilities and/or the 2nd floor of the Community Center.
District acknowledges that the funds being provided by City for the Community
Center are received by City pursuant to the CDBG Program, as amended, and
that expenditures of CDBG funds must be in accordance with the CDBG
Program and its requirements (24 CFR 570.503 and 24 CFR 570.504). Upon the
expiration of this Agreement, any unexpended CDBG funds received by District
shall be returned to City unless otherwise provided for in this Agreement or
directed by the City.
D. Scheduling Conflicts.
To the extent scheduling conflicts cannot be resolved informally by the parties,
the Technical Advisory Committee shall be responsible for resolving conflicts in
the Joint Use Facilities at the School.
D. Insurance.
The CITY shall insure that, as to the reservation of use of the Joint Use Facilities
by persons and organizations, that each such person or organization shall have
in effect at the time of use general liability insurance coverage in the amount of at
least $1,000,000 per occurrence, and that the City and District are named as
additional insureds on the applicable insurance policies.
E. Supervision of Joint Use Facilities
EXHIBIT 3
25H-53
1) The District shall be responsible for appropriate supervision while using the
Joint Use Facilities;
2) The City shall be responsible for appropriate supervision while using the
Joint Use Facilities. The City shall provide a level of supervision and
security commensurate with that provided at City-owned facilities at all times
while using Joint Use Facilities (and for reasonable periods of time
immediately prior to and following such use).
4. Repair, Maintenance and Utilities
A. Except as indicated herein, District shall be responsible for and pay all
necessary costs of the Joint Use Facilities incurred for the following:
1) All maintenance and repairs;
2) Additionally, at the end of each use of the 2nd floor of the Community
Center, the District shall return it to its original state, including the timely
repair of any damage done during the District's use.
B. CITY shall be responsible for and pay all necessary costs on the 2nd floor of the
Community Center incurred for the following:
1) All maintenance and repairs;
2) Additionally, at the end of each use of the Joint Use Facilities, the CITY
shall return it to its original state, including the timely repair of any damage
done during the City's use.
C. Written notification of any damage shall be made known to the other party within
five (5) working days of the discovery of damage.
D. Utilities.
1) The DISTRICT will pay for all electrical costs for the Joint Use Facilities.
2) The CITY will pay for all electrical costs for the 2nd floor of the Community
Center.
5. Further Fundinq Sources.
The parties to this Joint Use Agreement will cooperate in good faith to seek further
funding for improvements to the Joint Use Facilities and other common areas at the
School and agree that if such funding and improvements are made, that this Joint Use
Agreement will be amended to encompass the renovated areas and additional
provisions related thereto.
6. Materials and Equipment.
EXHIBIT 3
25H-54
A. The CITY shall supply all equipment and supplies to be provided or shared by
the parties in carrying out the programs by this Agreement for the 2nd floor of the
Community Center.
B. The District shall supply all equipment and supplies to be provided or shared by
the parties in carrying out the programs by this Agreement for the Joint Use
Facilities.
7. Change in Use Of Joint Use Facility.
Since Community Development Block Grant (CDBG) funds are being used for
construction of the Joint Use Facility, and to the extent required by applicable statutes
or regulations, the use or planned use of any such property (including the beneficiaries
of such use) from that for which the acquisition or improvement was made, cannot be
changed, unless the City as the recipient and the District as the subrecipient, provide
affected citizens with reasonable notice of, and opportunity to comment on, any
proposed change, and either:
A. The new use of such property qualifies as meeting one of the national objectives
in 24 CFR Sec. 570.208 (formerly Sec. 570.901) and is not a building for the
general conduct of government; or
B. The following requirements are met: If the recipient determines, after consultation
with affected citizens, that it is appropriate to change the use of the property to a
use which does not qualify under this section, it may retain or dispose of the
property for the changed use if the recipient's CDBG program is reimbursed in
the amount of the current fair market value of the property, less any portion of the
value attributable to expenditures of non-CDBG funds for acquisition of, and
improvements to, the property.
C. If the change of use occurs after closeout, the provisions governing income from
the disposition of the real property in 24 CFR Sec. 570.504(b)(4) or (5), as
applicable, shall apply to the use of funds reimbursed.
D. Following the reimbursement of the CDBG program in accordance with this
section, the property no longer will be subject to any CDBG requirements.
8. Cooperation of the Parties. The City and District shall cooperate and take all actions
necessary to achieve the purposes of this Agreement. Each party shall designate a
particular person to be responsible for the performance of that party's duties and
responsibilities pursuant to this Agreement.
9. Liability And Indemnification.
A. The City shall be solely financially responsible for damages caused by or during
City Use.
B. The City shall indemnify, defend, and hold harmless District, its officers, agents,
employees, representatives, and volunteers from damage to property and for
injury to or death of any person and from all claims, demands, actions, liability, or
EXHIBIT 3
25H-55
damages of any kind or nature arising out of or in connection with City Use,
activities or programs sponsored by City under this Agreement, third party
activities programmed or sponsored by the City, and City programming outside of
City Time, except to the extend those which arise out of a dangerous/defective
condition of District property or due to the sole negligence of the District.
C. The District shall indemnify, defend, and hold harmless the City, its officers,
agents, employees, representatives, and volunteers from damage to property
and for injury to or death of any person and from all claims, demands, actions,
liability, or damages of any kind or nature arising out of its operation of the
School, including use, operation, maintenance and repair of the Joint Use
Facilities, except as provided in "B" above.
10. Insurance. Both the City and the District shall maintain, for the period covered by this
Agreement, at their own respective costs, their own respective policy or policies of
general liability insurance and property insurance. Each party waives subrogation of its
insurance coverage for the other entity. Self-insurance authorized by state law and/or
maintained by the City or the District in the regular course of business for its other
activities shall satisfy this requirement.
11. Notices. All notices, statements, demands, requests, consents, approvals,
authorizations, appointments, or designations hereunder by either party to the other
shall be in writing and shall be deemed given and served upon the other party, if
delivered personally or three (3) days after depositing in the United States mail, postage
prepaid, addressed as follows.
CITY: Attn.: Gerardo Mouet,
Executive Director, Parks, Recreation & Community Services Agency
20 Civic Center Plaza, M-75
P.O. Box 1988
Santa Ana, CA 92702
SAUSD: Attn.: Joe Dixon
Assistant Superintendent, Facilities & Governmental Relations
Santa Ana Unified School District
1601 E. Chestnut Avenue
Santa Ana, Ca, 92701
12. Governinq Law. This Agreement will be governed by and construed in accordance with
the laws of the State of California. Any legal action in which enforcement of the terms
and conditions of this Agreement is requested, or in which it is alleged that a breach of
this Agreement has taken place, shall be filed and prosecuted in the County of Orange,
California.
11 Breach of Agreement. If either party defaults in the performance of any of the terms or
conditions of this Agreement, it shall have thirty (30) days after service upon it of written
notice of such default in which to cure the default by rendering a satisfactory
performance. In the event that the defaulting party fails to cure its default within such
period of time or provides notice to the other party of the defaulting party's diligent
EXHIBIT 3
25H-56
efforts to cure the default, the non-defaulting party shall have the right, notwithstanding
any other provision of this Agreement, to terminate this Agreement without further notice
and without prejudice to any other remedy to which it may be entitled at law, in equity,
or under this Agreement. The failure of a party to object to any default in the
performance of the terms and conditions of this Agreement shall not constitute a waiver
of either that term or condition or any other term or condition of this Agreement.
14. Severability. If any provision in this Agreement is held by a court of competent
jurisdiction to be invalid, void, or unenforceable, the remaining provisions will
nevertheless continue in full force without being impaired or invalidated in any way.
15. Successors and Assigns. The terms and conditions of this Agreement shall be binding
on the successors and assigns of the parties to this Agreement.
EXHIBIT 3
25H-57
ACCEPTED AND AGREED as of the last date written below:
Dated:
By:
Print Name
Print Title:
Dated:
By:
Print Name:
Print Title:
City of Santa Ana
20
Maria D. Huizar
Clerk of the City Council
20
Paul Walters
City Manager
Approved as to Form
Dated:
By:
Print Name: Sonia R. Carvalho, City Attorney
Print Title: By Lisa E. Storck, Assistant City
Attornev
Santa Ana Unified School District
Dated: 20_
By:
Print Name: Joe Dixon
Print Title: Assistant Superintendent, Facilities
& Governmental Relations
Dated:
By:
Print Name
Print Title:
20
Michael P. Bishop, Sr.
Deputy Superintendent. Operations
Approved as to Form
Dated:
By:
Print Name: Philip J. Henderson
Print Title: Attorney, Orbach Huff & Suarez
EXHIBIT 3
20
20
25H-58
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25H-60