CITY OF VICTORVILLE

NOTICE INVITING BIDS

WESTWINDS ACTIVITY AND SPORT CENTER RE-ROOFING PROJECT

PROJECT# CC22-045

BID OPENING DATE AND TIME:

OCTOBER 25, 2021

AT

2:30 P.M. PST

CITY OF VICTORVILLE CC22-045 WESTWINDS ACTIVITY AND SPORTS CENTER RE-ROOFING PROJECT

TABLE OF CONTENTS

SECTION A – SPECIAL PROVISIONS Notice Inviting Bids ………………………………………………………….. Instruction To Bidders ………………………………………………………..

SECTION B – FEDERAL REQUIREMENTS

Federal Labor Standards Provisions – HUD 4010 Applicable Federal Wage Determination

SECTION C - SCOPE SECTION D – PROPOSAL AND FORMS

Submission Certification…...………………………………………………… Proposal ……………………………………………………………….……… Proposal Instruction ………………………………………………………… Proposer Identification ……………………………………………………..… Customer References ………………………………………………………… PCC 10285.1 Statement………………………………………………………. PCC 10232 Statement………………………………………………………… Worker’s Compensation Certificate …………………………………………

Signature Authorization ……………………………………………………… List of Subcontractors …………………………………………………….… Questionnaire ………………………………………………………………... Bidder’s Bond ………………………………………………………….…….. Non-Collusion Declaration ……………………………………………………. Senate Bill 854.………………………………………………………………… Debarred Certification…………………………………………………………..

SECTION E- CONTRACT DOCUMENTS

Sample Construction Agreement ..……………..……………………………… Faithful Performance Bond….………..……………………………….………... Payment Bond ……………………………………………………………......…. Guaranty………………………………………………………………………… DAS 140 & 142…………………………………………………………………..

Construction Demolition Waste Recycling Plan ……………………………..

ATTACHMENTS

APPENDIX A – One Time Forms APPENDIX B – Weekly Payroll Forms APPENDIX C – Payroll Forms APPENDIX D – Davis Bacon Labor Standards

EXHIBITS – WEATHERWELD Asbestos Report for Activity and Sports Center

CITY OF VICTORVILLE CC22-045 WESTWINDS ACTIVITY AND SPORTS CENTER RE-ROOFING PROJECT

NOTICE INVITING BIDS

A-1 PROJECT TITLE AND DESCRIPTION - The complete and other related work for Westwind Activityand Sports Center Re-roofing Project, Project No. CC22-045; the work shall include labor, tools, finishing, clean up, and incidentals required for the proper completion of the work.

A-2 SEALED BIDS: Sealed bids shall be received by the Finance Department, Victorville City Hall,14343 Civic Drive, Victorville, CA 92392, until 2:30 p.m. PST on OCTOBER 25, 2021.

A-3 BOND REQUIREMENTS - Bids must be accompanied by a Bidder's Bond in the form of a certified orcashier's check or Corporate Surety Bond in amounts not less than ten percent (10%) of the particular bid amount.

A-4 CONTRACT DOCUMENTS: The Notice Inviting Bids and all related documents are available at theCity of Victorville’s website at victorvilleca.gov under Bids as well as posted on www.ebidboard.com.

A-5 PREVAILING WAGES:The higher of either State Prevailing Hourly Wages or Federal Prevailing Hourly Wages shall apply to and be paid by all contractors and subcontractors performing work on this Project.

A-6. MANDATORY PRE-BID MEETING / JOBWALK: - A MANDATORY pre-bid meeting and job walkhas been scheduled for all prospective bidders. The meeting will be held on OCTOBER 12, 2021 at 10:00 a.m. at Conference Room C, City Hall, 14343 Civic Drive, Victorville, CA, 92392 job sites to follow. Prospective bidders are encouraged to address questions, problems, and other issues regarding this project. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

A bid received from a Contractor who is not represented by a duly authorized agent at the pre-bid meeting and job walk shall be considered non-responsive and rejected from further contract award consideration.

BY ORDER OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE

Dated:

____________________________________ Signed, Jennifer Thompson, City Clerk

CITY OF VICTORVILLE SECTION A - INSTRUCTIONS TO BIDDERS

CC22-045 WESTWINDS ACTIVITY AND SPORTS CENTER RE-ROOFING PROJECT

CONTACTS (Questions Regarding): Procurement Process: Celeste Calderon, Finance Specialist Phone: (760) 955-5082; Fax: (760) 269-0045 Email: cmcalderon@victorvilleca.gov Technical Requirements: Eddie Gleason, Facilities Manager Phone: (760) 955-5256 Email: egleason@victorvilleca.gov CDBG Requirements: Liliana Collins, Development Specialist Phone: (760) 243-6312, Fax: (760) 269-0080 Email: lcollins@victorvilleca.gov The work embraced herein shall be done in accordance with these Specifications and the Special Provisions as listed herein. 1. DEFINITIONS Wherever in the Specifications, Special Provisions, Notice Inviting Bids, Proposal, Contract or other

contract documents, the following terms are used, the intent and meaning shall be as follows: a. City, or Owner: The City of Victorville, California b. Director: The Building Department of the City of Victorville c. Contractor: The party of the Second Part entering into contract with the City of Victorville,

California, for furnishing of material and the performance of work required by these specifications, and including their duly authorized agents acting severally within the scope of their authorities

d. Notice to Contractors: Notice Inviting Bids e. Subcontractor: A secondary Contractor who performs at the site of the work some part of the

Contractor's obligation under the contract. 2. PROPOSAL REQUIREMENTS AND CONDITIONS Bidders shall visit the site and take other steps as may be reasonably necessary to ascertain the nature

and location of the work, and the general and local conditions which can affect the work or the cost thereof. Failure to do so will not relieve bidders from the responsibility for estimating correctly the difficulty or cost of successfully performing the work. The City will assume no responsibility for any understanding or representations concerning conditions made by any of its officers or agents prior to the execution of the contract, unless included in the invitation for bids, the specifications, or related documents.

A bid proposal form is included herein. Additional bid proposal forms may be obtained from the Finance

Department, City of Victorville or by calling Celeste Calderon at (760) 955-5082. The City is not, nor shall be deemed liable for any costs incurred by bidder in the preparation, submittal, or presentation of their bids.

Any prospective bidder desiring an explanation or interpretation of the solicitations, drawings,

specifications, etc., must request it in writing to the Purchasing Section, no later than 12:00 p.m., PST, on October 19, 2021 to allow a reply to reach all prospective bidders before the submission of their bids. Oral explanations or instructions given before the award of a contract will not be binding. Any information given a prospective bidder concerning a solicitation will be furnished promptly to all prospective bidders as an amendment to the solicitation, if that information is necessary in submitting bids or if the lack of it would be prejudicial to other prospective bidders.

3. SEALED BIDS: Sealed bids shall be received by the Finance Department, Victorville City Hall,

14343 Civic Drive, Victorville, CA 92392, until 2:30 p.m. PST on October 25, 2021. Sealed bids will be opened by the City Clerk during a virtual meeting which will be Livestreamed via Webex follow-ing the receipt of the sealed bids. You may join the meeting remotely by clicking on https://vic-torvilleca.webex.com/meet/generic Select Meeting Room 809 785 515. Bids received after this time will be returned unopened. Emailed or faxed bids are not accepted. Bids shall be submitted in a sealed envelope clearly marked “WESTWINDS ACTIVITY AND SPORTS CENTER RE-ROOFING PROJECT”, Project CC22-045".

4. LICENSES: The successful bidder must be licensed by the Contractors State License Board and hold

a “A”, “B” or C-39 license, as well as meet all requirements for certification for asbestos (ASB certification) and other hazardous substances (hazardous waste certification) as regulated by the United States Department of Labor, Federal Occupational Health and Safety Administration, and the California Department of Industrial Relations, Division of Occupational Safety and Health (DOSH) and CSLB.

5. EVALUATION OF BIDS The City of Victorville reserves the right to accept or reject any and all bids, to waive any irregularities or

informalities in any bid or in the bidding, and to award a contract to the bidder who best meets its requirements. Relevant factors which shall be considered in evaluating the bids are: completeness and accuracy of bid; length and nature of warranties; anticipated length of life of materials; past experiences of the City of Victorville with the bidder; references from other owners, developers, or municipalities regarding past work done by the bidder; ability to complete the job in the specified time with the specified quality of workmanship; as well as the lowest and best price.

Bids may not be withdrawn for a period of forty-five (45) days after date set for opening thereof, unless

otherwise required by law. If any bidder shall withdraw his bid within said period, the Contractor shall be liable under the Bid Bond, as the case may be.

6. AWARD AND EXECUTION OF CONTRACT The City of Victorville further reserves the right to award the contract to other than the lowest bidder if

such action is deemed to be in the best interest of the City of Victorville, and the right to split the order if such action is deemed to be in the best interest of the City. The award of the contract, if awarded, will be made within forty-five (45) days after opening of the Bid Proposals. The Contractor's signature on the Bid Proposal form shall constitute a commitment on the part of the bidder to perform the work in a workmanship manner as set forth in the Bid Proposal Form, the Instructions to Bidders, the Specifications, and the Notice Inviting Bids. The bidder to whom the contract is awarded shall be notified upon approval of the contract by the Purchasing Section. The Instructions to Bidders, the Notice Inviting Bids, the Bid Proposal Form, and the City of Victorville Specifications, together with any plans and/or attachments, shall all be considered as part of the contract between the City and the Contractor to whom a Purchase Order is issued.

7. INSURANCE During the term of the Agreement, the Contractor shall procure and maintain, for the duration of the

Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work here under by the Contractor, their agents, rep-resentatives, employees or subcontractors.

Minimum Scope of Insurance

COMMERCIAL GENERAL AND AUTOMOBILE LIABILITY INSURANCE Contractor shall be required to procure and maintain at its own expense, commercial general liability insurance, of not less than One Million Dollars ($1,000,000) per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or damage resulting from the wrongful or negligent acts by the Contractor or its officers, employees, servants, volunteers, and agents and independent contractors. Contractor shall further be required to procure and maintain, at its own expense, during the Term of this Agreement, commercial vehicle liability insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) Combined Single Limit, covering any vehicle(s) utilized by Contractor or its officers, employees, servants, volunteers, or agents and independent contractors in performing the services required by this Agreement.

COURSE OF CONSTRUCTION/INLAND MARINE INSURANCE

Contractor, and or any of its subcontractors, suppliers, vendors, employees, or person whom it perform-ing any work under this agreement shall be required to purchase, and maintain insurance to the full contract and insurable value thereof commonly referred to as a Course of Construction, Builders’ Risk, or an Inland Marine policy that offers “Installation” coverage for all materials, supplies, equipment, and property obtained by, or for Contractor, which is to become part of the work while such equipment and property is stored at the jobsite, at temporary locations, or while in transit to the project from such tem-porary locations. Contractor, and or any of its subcontractors, suppliers, vendors, employees, or person whom is performing any work under this agreement shall also be responsible for insuring their owned, leased/rented, or borrowed equipment. Insurance should also include a Loss Payee, and a Waiver of Subrogation Endorsement(s) in favor of the City of Victorville.

ADDITIONAL INSURED Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers' Compen-sation coverage, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers, and agents and independent contractors, including, without limita-tion, the City Attorney, are named as Additional Insureds.

WAIVER OF SUBROGATION RIGHTS Contractor shall require the carriers of all required insurance policies to waive all rights of subrogation against the City and its officers, volunteers, employees, contractors, and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver.

WORKERS’ COMPENSATION INSURANCE Contractor shall procure and maintain, at its own expense, during the Term of this Agreement, workers’ compensation insurance, providing coverage as required by the California State Workers’ Compensation Law. If any class of employees employed by Contractor is not protected by the California State Workers’ Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the City. In conformance with current statutory requirements of Section 1860 et seq., of the Labor Code of the State of California, the undersigned confirms the following as their certification:

I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions before commencing the performance of the work of this Agreement.

PROOF OF INSURANCE COVERAGE; REQUIRED PRIOR TO COMMENCEMENT OF SERVICES a. Contractor shall secure from a good and responsible company or companies author-

ized to do insurance business in the State of California the policies of insurance required by this Agreement and furnish to the City Clerk certificates of said insurance at least one (1) day prior to the commencement of any services to be performed under this Agreement.

b. The certificates of insurance shall bear an endorsement whereby it is provided that,

in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the City shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. In the case of non-payment, ten (10) days’ advance written notice shall be given.

c. The certificates of insurance shall bear an endorsement whereby it is provided that the

respective insurance policy shall not be terminated or expire without first providing thirty (30) days written notice to the City of such termination or expiration.

d. The certificates of insurance shall indicate that the respective insurance policy will be

maintained throughout the Term of this Agreement. e. The Commercial General Liability and vehicle liability policies shall be endorsed to

contain the following provision: “For any claims related to this Agreement, Contractor’s service coverage shall be primary with respect to the City. Any insurance maintained by the City shall be in excess of Contractor’s insurance and shall not contribute to it.

Contractor shall review the sample agreement, attached hereto, for additional required insurance criteria.

8. BEGINNING OF WORK, TIME OF COMPLETION The Contractor shall begin work by the date specified in the City's letter informing him that the contract

has been awarded and shall diligently prosecute the work so that all the work shall be completed before the expiration of Sixty (60) calendar days, including the specified starting date.

The contract time shall be extended only by change order for such reasonable time as the Deputy City

Manager may determine for: changes ordered in the work, labor disputes, fire, an unusual delay in transportation, unavoidable casualties, acts of God, or causes beyond the Contractor's control.

9. LIQUIDATED DAMAGES

The Contractor shall pay the City of Victorville the sum of ONE HUNDRED AND 00/100 DOLLARS ($100.00) per calendar day for each and every calendar day delay in finishing the work in excess of SIXTY (60) WORKING DAYS as specified above as Liquidated Damages. The City withholds liquidated damages before the accrual date if the anticipated liquidated damages may exceed the value of the remaining work.

10. CONTRACT DOCUMENTS What is called for in any one of the contract documents shall be as binding as if called for in all. The

intention of these documents is to require a complete and finished piece of work. The Contractor, at its sole cost and expense, shall perform all labor and services and shall furnish all materials, tools, equipment, and facilities necessary for the proper execution of the work, with the exception of such items as may be definitely stipulated in the Specifications or on the Plans furnished by the City. Anything shown on the Plans and not in the Specifications, or in the Specifications and not on the Plans, shall be performed by the Contractor as though shown on both the Plans and the Specifications.

The Contract Documents shall consist of the Notice Inviting Bids, Instructions to Bidders, Accepted Proposal, Bid Proposal Form(s), Proposer Identification, List of Subcontractors, Questionnaire, the Contract, Worker’s Compensation Certificate, Non-Collusion Declaration, Faithful Performance Bond, Bidder’s Bond, Guaranty, Payment Bond, and the Specifications. All additions, deletions, modifications, appendices, and all agenda as prepared prior to the date of this bid opening, setting forth any modifications or interpretations of any of said documents are hereby incorporated in and made part of the Contract Documents; all of which are hereby made a part of the Instructions to Bidders.

11. AUTHORITY OF THE BUILDING & FIRE OFFICIAL The contract consists of Specifications, Submission Certificate, Proposal, Bid Proposal, Proposer

Identification, Workers’ Compensation Certificate, Contractor’s Qualification Statement, Bidder’s Bond, addenda Acknowledgement(s), Guaranty, Non-Collusion Declaration, Signature Authorization, Faithful Performance Bond, Payment Bond, and any and all schedules and attachments to it which are incorporated as if fully set forth herein. In the event of an inconsistency, this Agreement shall govern. Any differences or conflicts which may arise between the Contractor and any other Contractors also under the contract administration of the Building & Fire Official, or the designee, shall be arbitrated by the Building & Fire Official.

12. CONTRACTOR'S RESPONSIBILITIES The Contractor shall be responsible for safe, efficient, and adequate methods and equipment during the

progress of the work in order to secure the safety of the workmen, the quality of work required, and the stipulated rate of progress. It shall be the Contractor's responsibility to perform the work strictly in accordance with the Specifications and original contract drawings and any revisions as may be made therein by the Building & Fire Official, or the designee, from time to time in the form of revised contract drawings or written change orders issued.

The Contractor shall assume the defense of and indemnify and save harmless the City, its officers and

agents from all claims of any kind arising from its own negligence or that of its agents in the performance of the contract.

The Contractor shall be responsible for the custody of any material furnished for the care of all the work

until its completion and final acceptance, and Contractor shall, at Contractor's own expense, replace damaged or lost material and repair damaged parts of the work, or the same may be done at Contractor's expense by the City.

During the progress of the work, the Contractor shall keep the premises, occupied by, in a neat and

clean condition, and free from any unsightly accumulation of rubbish. Contractor shall remove from the vicinity of the completed work all plant, building, rubbish, unused materials, concrete forms, and equipment belonging to Contractor or used under Contractor's direction during construction, and in the event of failure to do so, the same may be removed by the City at the expense of the Contractor.

The work embraced herein shall be completed in accordance with the Plans and the Special Provisions,

the City of Victorville Standard Specifications for Public Improvements, and the Standard Specifications. In case of conflict between the Plans, the Special Provisions, the City of Victorville Standard Specifications for Public Improvements, the Standard Specifications and the Standard Plans, the Plans shall be controlling first, then the Special Provisions, then the City of Victorville Standard Specifications for Public Improvements should control next and be used in lieu of such conflicting portions.

Should the contractors need to use a privately owned property to store, stage, or operate equipment

from a property that is not the subject of the actual demolition, the contractor shall be responsible to secure permission from property owner to use such property and shall be responsible to ensure the property is free of debris or alterations upon demolition completion. Such requirement to secure owner permission shall not be needed if the City’s Code Enforcement Officer secures a court order which explicitly allows for such occupancy or activity on the specified parcel.

13. PREVAILING WAGES:

Payment of State Wages Required when Higher. Payment of State prevailing wage rates, when higher than Federal rates, are required whenever federally funded or assisted projects are controlled or carried out by California awarding bodies of any sort. The City of Victorville is considered a California awarding body. Therefore, the higher of State Prevailing Wage and Federal Wage rates shall apply to and be paid by all Contractors and subcontractors performing work on this Project.

a. Federal – The general Federal prevailing rate of wages, as determined by the Secretary of Labor

are included in Section B of the Contract Documents (General Federal Wage Decision); provided, that if there is any difference between the State or Federal wage rate for any given craft or mechanic needed to execute the work, it shall be mandatory upon the Contractor and any subcontractor to pay the higher of the two rates.

The General Federal Wage Decision that is in effect on the date of the bid opening, as long as

the Contract is awarded within ninety (90) days of said date, locks in that Federal Wage Decision for the entire duration of the Project. If the contract is not awarded within such ninety (90) day period, the date of the execution of the Contract would be the date used in determining the applicable Federal Wage Decision. Revisions to the General Federal Wage Decision, up to fourteen (14) calendar days before bid opening, shall be identified by the issuance of addenda, and the final Contract between the City of Victorville and the contractor will physically include the applicable General Federal Wage Decision as revised by addenda, if any such addenda have been issued. Both the prime contractor and all subcontractors are required to pay their laborers and mechanics employed under this contract a wage not less than the highest wage applicable for their work classification, as specified in the Federal General Wage Decision that can be downloaded from http://www.ac-cess.gpo.gov/davisbacon/.

b. State – In accordance with the provisions of California Labor Code Sections 1720, 1770-1776,

1810, 1813, and 1815, as amended, the Director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with the standards set forth in Labor Code Section 1773 for the locality in which the Work is to be performed. It shall be mandatory upon the Contractor to whom the Work is awarded and upon any subcontractor under the Contractor to pay not less than said specified rates to all workers employed by them in the execution of the Work, and shall post a copy of said wage rates at the project site.

AB219 (as applicable) adds Section 1720.9 to the Labor Code the hauling and delivery of

ready-mixed concrete to carry out a public works contract, with respect to contracts involving state agency and subdivision of the state Section 1720.9 defines the term “ready-mixed” con-crete and specifies that the rate of pay shall be the current prevailing wage “for the geograph-ical area in which the factory or batching plant is located” as determined by the DIR. The statute also requires a written agreement between the party hauling or delivering the ready-mixed concrete and the party that engaged its services.

The delivery company shall provide certified payroll records under Labor Code section 1776(1) to the party that engaged its services and to the general contractor. The time record must be certified by each driver for the performance of job duties.

The contractor and all subcontractors shall comply with all Federal and State laws, regulations, and guidelines required in the performance of the contract. Copies of the updated Wage Determination rates are available to any interested party, by visiting www.wdol.gov for Federal and www.dir.ca.gov for State of California. Additionally, copies of the State prevailing rate of per diem wages and Federal wage

determination rates are on file at the City of Victorville Finance Division and shall be made available for review to any interested party on request.

Contractor shall be solely responsible for using the correct wage decision or determination and performing accordingly. An error on the part of any awarding body does not relieve the Contractor from the responsibility for payment of the correct State prevailing wage and compliance with the maintenance and inspection of payroll records, posting of prevailing wage rates at work site, employment of apprentices, and other requirements of California Labor Code (1720, et seq; 1770-1776, 1810, 1813, and 1815), California Code of Regulations, Title 8, Section 16000 et seq.; and all other applicable State labor laws. Contractor further acknowledges and agrees that it will be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with those laws. Contractor will require the same of all its subcontractors

NOTE: A CERTIFIED PAYROLL from the Contractor and subcontractors must be submitted weekly to the City of Victorville. Payment of invoice(s) may be delayed when certified payrolls are not current.

14. FEDERALLY FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT:

The Federal Funding Accountability and Transparency Act (FFATA) were signed on September 26, 2006. FFATA legislation requires information on federal awards be made available to public via a single, searchable website, which is www.usaspending.gov.

Contractors who are sub-awardees of federal funds in an amount greater than $25,000 are required to enter their award information on www.usaspending.gov website. This website ensures that the public can access information on all entities and organizations receiving Federal Funds.

FEDERALLY FUNDED OR ASSISTED PROJECTS: State prevailing wage rates, when higher, are required whenever federally funded or assisted projects are controlled or carried out by California awarding bodies of any sort. The state prevailing wage laws cannot be applied to a project, however, which is under the complete control of the federal government (8 CCR 16001(b))

15. ELECTRONIC CERTIFIED PAYROLL REPORTING (eCPR): Contractors and subcontractors on

all public works projects awarded on or after April 1, 2015, must use this system to furnish cer-tified payroll records (CPRs) to the Labor Commissioner. Contractors and subcontractors who have been submitting PDF copies of their CPRs for earlier projects must also begin using the new system. For more information please go to www.dir.gov under Labor Law Public Works.

16. VICTORVILLE 15 DEVELOPMENT CODE 16-5.14.010 through 16-5-14.080

Construction Site Maintenance and Trash Containment There shall be containment of trash, rubbish and debris on a routine, continuous basis for each con-struction sites, and there shall be no loose materials permitted to accumulate on the sites or to be carried away by wind or water. The City Building Official shall have the authority to require additional dust, trash or water run-off measures if necessary, to protect life or property.

1. Soils Engineering Report, if required, the building official shall require a solids engineering

investigation, based upon the most recent grading plan. The report shall include data regarding the nature, distribution and strength of existing soils, conclusions and recom-mendations for grading procedures, design criteria for corrective measures and other data required by the building official. Soils investigation shall be prepared and signed by a registered solids engineer and approved by the building official.

2. Geological Engineering Report, if required, the building official shall require and engineer-

ing geological investigation for a hillside development and may require one for other grad-ing work. The geological engineering report, prepared and signed by an engineering

geologist, shall include an adequate description of the geology of the sites and conclusions and recommendations regarding the effect of geological conditions of the proposed devel-opment. The report must be approved by the building official who may require supple-mental geological reports and data. Recommendations included in the report and ap-proved by the building official shall be incorporated into the grading plan.

3. Wind Generated Soil Erosion, if required, the building official shall require the owner/con-

tractor to provide a proposal for sufficient control and wind-born soil and dust during and after all grading operations.

4. Development Permit and Tract Map Requirements. No authorization shall be granted for

the import and export of earth materials to or from sites nor shall any grading be conducted on a site (s) unless a grading permit has been issued. As a condition for a development, the planning commission may limit the height, angle, and design of any such as contour grading and additional landscaping (Section 13.02.240) to mitigate the adverse environ-mental impact created by a development project.

C. Modifications of Approved Plans. Modifications of approved grading plans shall be approved in

writing by the building official. Required soils and geological reports shall be submitted with the modified plans. No grading work in connection with the proposed modifications shall be permitted without the prior written approval of the soils engineer.

D. The building official may waive the requirement for a contour map or subsurface exploration if it

is determined to be unnecessary, but the work must confirm to the provisions of this chapter and other relevant laws.

17. SPECIFICATIONS

The Contractor shall keep at the work site a copy of the Specifications and shall at all times provide the Deputy City Manager or the designee, access thereto.

The Contractor shall check all dimensions and quantities on the drawings or schedules herein contained

and shall notify the Building & Fire Official, or the designee, of all errors therein which may be discovered by examining and checking the plans. Contractor shall not take advantage of any error or omission in these Specifications, or in the drawings or schedules, but should such error or omission be discovered, the Contractor shall obtain instructions from the Building & Fire Official, or the designee, and the Contractor shall carry out such instructions as if originally specified.

All Federal and State laws and all County and City ordinances and regulations now imposed by

competent authority and relating to any materials and/or permits required to be furnished under these Specifications and work required to be done hereunder shall be deemed to be and hereby are made controlling and part of these Specifications.

The work embraced herein shall be completed in accordance with the Plans and the Special Provisions,

the City of Victorville Standard Specifications for Public Improvements, and the Standard Specifications. In case of conflict between the Plans, The Special Provisions, the City of Victorville Standard Specifications for Public Improvements, the Standard Specifications and the Standard Plans, the Plans shall be controlling first, then, the Special Provisions, then, the City of Victorville Standard Specifications for Public Improvements should control next and be used in lieu of such conflicting portions.

18. TRESPASS The Contractor shall be responsible for all damage or injury which may be caused on any property by

trespass of the Contractor's employees in the course of their employment whether the said trespass was committed with or without the consent or knowledge of the Contractor.

19. SAFETY, SANITARY, AND MEDICAL REQUIREMENTS The Contractor, Contractor's employees, subcontractors, and their employees, shall promptly and fully

carry out the existing safety, sanitary, and medical requirements as prescribed by the Division of Industrial Safety and by County or State Health Departments to the end that proper work shall be done, and the safety and health of the employees and of the community may be conserved and safeguarded. In case such regulations and orders are not observed by the Contractor, they may be enforced by the Building & Fire Official at the Contractor's expense.

20. WATER AND POWER Unless otherwise provided in the Special Provisions, the Contractor shall provide, at Contractor's

expense, all necessary water and power required for operations under the Contract. During the progress of the work, Contractor shall ensure that existing facilities, fences, and other structures are adequately protected and, upon completion of all work, all facilities that may have been damaged are restored to a condition acceptable to the City. The City will assist the Contractor, at his specific request, in locating existing utilities.

21. PROTECTION OF EXISTING UTILITIES The Contractor shall call Underground Service Alert (USA) at (800) 422-4133, two (2) working days in

advance of beginning work so they can mark utilities. Whenever the improvement requires the relocation or replacement of an existing utility under the Contract, this information will be shown on the Plans. Unless this notation is shown on the Plans, the Contractor shall assume that the utility is to remain in place or be relocated or replaced by others.

The Contractor is responsible for the protection of any utilities and for any damage to any such utility

during the prosecution of the work. Any damage to a utility shall be repaired to the satisfaction of the organization owning the facility. The City reserves the right, if so, requested by the owning utility, to permit the owning utility to repair such damage, and all expenses of whatever nature arising from such damage shall be borne by the Contractor.

22. GUARANTY AND BONDS A material and workmanship guaranty for a period of twelve (12) months from the date of acceptance of

the work will be required. A guaranty form for this purpose is included in the Proposal. The Contractor, simultaneously with execution of the Contract, shall furnish a surety bond in an amount

equal to one hundred percent (100%), of the contract price as security for the faithful performance of the Contract, and a separate surety bond in an amount equal to one hundred percent (100%) of the contract price as security for the payment of all persons performing labor and furnishing materials in connection with the Contract. Bonds must be issued by an admitted surety insurer in the State of California, as set forth in the Public Contract Code, Section 20170.

Full compensation for furnishing the guaranty and bonds will be considered as included in the contract

price or prices paid for the items or work involved and no additional compensation will be allowed, therefore.

23. SUBCONTRACTING In accordance with the requirements of these Specifications, each bidder shall list in their Proposal the

name and business address of each subcontractor to whom the bidder proposes to subcontract a portion of the work and shall list each subcontractor, licensed by the State of California and the City of Victorville, proposed by the bidder to specially fabricate and install a portion of the work. Said list shall include for each subcontractor: Name of Subcontractor, Subcontractor’s license number and classification, percentage (%) of total contract to be completed by subcontractor, and description of the portion of work which will be done by each subcontractor.

A sheet for listing the subcontractors, as required, is included in the Proposal. The list must be completed in its entirety. If there are no subcontractors, the list shall be included in the Proposal as required, with “None” stated on the list.

The contractor shall perform with its own organization contract work amounting to not less than fifty percent (50%) of the total original contract price, excluding any specialty items designated by the City. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the amount of work required to be performed by the contractor’s own organization.

a. “Its own organization” shall be construed to include only workers employed and paid directly by the

price contractor and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor, assignee, or agent of the prime contractor.

b. “Specialty Items” shall be construed to be limited to work that requires highly specialized knowledge,

abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid on the contract as a whole and in general are to be limited to minor components of the overall contract.

24. PERMITS AND LICENSES The prime Contractor and all subcontractors shall obtain all necessary licenses and permits,

including business licenses, and encroachment permits from the City for all work in public right-of-way to accomplish the work.

The successful bidder must be licensed by the Contractors State License Board and hold a “A”, “B” or

C-39 license, as well as meet all requirements for certification for asbestos (ASB certification) and other hazardous substances(hazardous waste certification) as regulated by the United States Department of Labor, Federal Occupational Health and Safety Administration, and the California Department of Industrial Relations, Division of Occupational Safety and Health (DOSH) and CSLB.

The Contractor shall obtain all required permits prior to commencing work and shall submit the work in

progress to periodic inspection by the appropriate Inspector of the City of Victorville and shall honor all correction notices issued by same. All contacts, regarding inspections, shall be made to the appropriate department within the City.

25. CONSTRUCTION EQUIPMENT Contractor shall erect, equip, and maintain all construction equipment in strict accordance with all

applicable statutes, laws, ordinances, rules and regulations of the Owner or other authority having jurisdiction. Hoists and scaffolding shall be installed and erected in accordance with the latest Construction Safety Orders issued by the Division of Industrial Safety, State of California, and the Associated General Contractors "Manual of Accident Prevention in Construction," latest edition.

Scaffolding, staging, runways, and similar equipment required for prosecution of the contract shall be

provided and maintained by the Contractor. Hoist and construction elevators required for prosecution of the contract shall be provided and maintained by the Contractor, complete with operators, power, and signals, as required. Contractor shall provide, maintain, and remove upon completion of work all temporary rigging, scaffolding, hoisting equipment, rubbish chutes, barricades around openings and excavations, ladders between floors, fences, and all other temporary work as required for all work hereunder.

26. PAYMENT On or about the first of each calendar month, the Contractor shall request payment for the work

performed prior to such date. Each payment request shall be accompanied by the updated progress

schedule indicating progress achieved to that date. Upon approval by the Building & Fire Official, or the designee, of the Contractor's estimate of work completed, the City will make a progress payment to the Contractor equal in amount to the approved estimate less a retention of five (5) percent and less the total of all previous payments.

In preparing estimates, the material delivered on the site, preparatory work done, and the cost of bonds

and insurance paid may be taken into consideration.

Upon completion of the work, the Contractor may request full payment for his work, and after acceptance of the work by the Building Department, Department will make a final progress payment as described above. The amount retained will continue to be retained until thirty-five (35) days after the date of acceptance and upon receipt of appropriate invoices and lien releases. In case of default by the Contractor, the retention shall be retained by Building Department, as liquidated damages, as provided in the section relating to suspension of Contract.

The making of any payment to the Contractor under this Contract shall not relieve the Contractor of its

obligation hereunder. The Contractor is obligated to complete the Contract in its entirety and to deliver to the City such completed work, finished product or structure as is specified in the Contract, at the time or times specified, and until this Contract is fully performed by the Contractor and the work, product, or structure produced thereby is accepted by the City, the Contractor shall be obligated to repair, replace, restore, or rebuild any fully or partially completed work or structure, or any materials or equipment required to be provided under the Contract which may be damaged, lost, stole, or otherwise injured in any way; provided, however, that with respect to any major unit of the type mentioned in this section, this particular obligation of the Contractor will terminate upon the completion of the Contract and acceptance by the City of such major unit, and provided further that all work, any structure, materials, and equipment covered by any partial payment is made.

When a "Notice to Withhold" is served upon the City, pursuant to the lien statutes of the State of

California, to withhold sufficient funds from payments to the Contractor in support of a claim resulting from default by the Contractor in payment for labor or materials used in the execution of this Contract, the City will withhold from payments due the Contractor, an amount of money equal to the amount of the claim stated in the "Notice to Withhold," and an additional amount equal to twenty-five percent (25%) of the amount of said claim to defray any costs of litigation in the event of court action on the claim, for a total withholding of one and one-quarter (1¼) times in the stated amount of the claim.

The Contractor will be required, in requests for payment, to certify, under penalty of perjury, the following:

a. No workmen were required or permitted to work more than eight (8) hours in any one calendar day, except in cases of emergency, and except as provided by law.

b. Not less than the prevailing rates, as set forth in the Contract for this work, have been paid all

laborers, workmen, and mechanics employed to perform this work.

c. There were no substitutions of subcontractors, no assignment or transference of subcontractors, except as approved by the Building & Fire Official, or the designee.

d. All of the provisions of the Victorville Municipal Code, pertaining to non-discrimination in employment

have been complied with.

e. The Record Drawings maintained on the job have been noted with all changes made subsequent to the previous request for payment.

f. The Map and Drawings have been submitted and approved by the Contractor or the Consultant,

Building & Fire Official, or the designee, as applicable.

The City shall make progress payments on any properly completed payment request submitted

by the Contractor. The payment request shall not be deemed properly completed unless certified payrolls, Form WH 348, have been properly completed and submitted on a weekly basis, for each week worked or idle during the time period covered by said payment request.

If payments are to be made for materials or equipment not incorporated in the work but delivered and

suitably stored at the site, or at some other location agreed upon in writing, such payments shall be conditional upon submission by the Contractor of bills of sale or such other procedures satisfactory to the City to establish the City's title to such materials or equipment or otherwise protect the City's interest, including applicable insurance and transportation to the site.

The Contractor warrants and guarantees that title to all work, materials and equipment covered by an

application for payment will pass to the City of Victorville upon receipt of such payment by the Contractor, fee and clear of all liens, claims, security interests, or encumbrances - hereinafter referred to in this section as "liens"; and that no work, materials or equipment covered by a request for payment will have been acquired by the Contractor, or by any other person performing the work at the site or furnishing materials and equipment to the project.

27. DELAYS AND EXTENSIONS OF TIME When delays are caused by unforeseen events beyond the control of the Contractor, such delays will

entitle the Contractor to an extension of time as provided herein, but the Contractor will not be entitled to damages or additional payment due to such delays, except as provided in this section. Such unforeseen events may include war, government regulations, labor disputes, strikes, fires, floods, adverse weather necessitating cessation of work, other similar action of the elements, inability to obtain materials, equipment, or labor, required extra work, or other specific events as may be further described.

No extension of time will be granted for a delay caused by the Contractor's inability to obtain materials

unless the Contractor furnished documentary proof to the Building & Fire Official of the inability to obtain such materials in a timely manner in accordance with the sequence of the Contractor's operations and the approved construction schedule.

When delays, beyond the Contractor's control, are caused by events other than those mentioned above,

but substantially equal in gravity to those enumerated, and an extension of time is deemed by the Building and Fire Official to be in the best interest of the City, an extension of time may be granted, but the Contractor will not be entitled to damages or additional payment due to such delays, except as provided in this section.

When delays, beyond the Contractor's control, are caused solely by action or inaction by the City, such

delays will entitle the Contractor to an extension of time as provided in this section. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be

granted for non-controlling delays to minor portions of the work unless it can be shown that such delays did or will delay the progress of the work.

The Contractor will be compensated for damages incurred due to delays for which the City is responsible

if such delays are unreasonable in the circumstances involved and were not within the contemplation of the parties when the Contract was awarded to the Contractor. Such actual costs will be determined by the Building & Fire Official. The City will not be liable for, and in making this determination, the Building & Fire Official will exclude all damages which the Building & Fire Official determines the Contractor could have avoided by any reasonable means including, without limitation, the judicious handling of forces, equipment, or site.

If the Contractor desires payment for a delay, or damages, or an extension of time, as specified in this section, the Contractor shall, within two (2) days after the beginning of the delay/damages, file with the City a written request and report as to the cause and extent of the delay and an itemized request for payment, if applicable. Failure, by the Contractor to file these items within the times specified, will be considered grounds for refusal by the City to consider such request.

28. FINAL ESTIMATE, PAYMENT, AND ACCEPTANCE OF THE WORK Upon completion of the work and following final inspection and acceptance of the work by the City, the

Contractor may request final payment for the work by submitting the appropriate invoices and lien releases. Subsequently, the City will make final payment, excluding all amounts to be retained, as provided in the section entitled "Payment". In case of default by the Contractor, the retention shall be retained by the City, as liquidated damages, as provided in the paragraph relating to suspension of Contract in the section entitled, "Beginning of Work, Time of Completion, and Liquidated Damages". The amount withheld for retention shall be due and payable to the Contractor, except such amounts as prescribed by law to be withheld by Notices of Stop Payment, at the expiration of forty-five (45) days from the date of recording of the Notice of Completion.

29. NOTICES Any notices required to be given under the terms of the Contract shall be effective upon the mailing

thereof by registered or certified United States mail, return receipt requested, postage prepaid and addressed to: Purchasing Section, City of Victorville, 14343 Civic Drive, Victorville, California, 92932.

30. TERMINATION FOR CONVENIENCE

The City may, by written notice, terminate this Contract in whole or in part, when deemed in the City's interest. Upon termination of this Contract, the City shall only be liable for payment under the payment provisions of this Contract for services rendered or supplies furnished prior to the effective date of termination.

31. TERMINATION FOR DEFAULT

In the event either party fails to perform its obligations hereunder, the non-defaulting party shall pro-vide the defaulting party written notice of such default. The defaulting party shall have ten (10) calen-dar days to cure the default; provided that, if the default is not reasonably susceptible to being cured within said ten (10) calendar days, the defaulting party shall have a reasonable time to cure the de-fault, not to exceed a maximum of thirty (30) calendar days, so long as the defaulting party com-mences to cure such default within ten (10) calendar days of service of such notice and diligently prosecutes the cure to completion; provided further that if the default is an immediate danger to the health, safety and general welfare, the defaulting party shall take such immediate action as may be necessary. Notwithstanding the foregoing, the nondefaulting party may, in its sole and absolute dis-cretion, grant a longer cure period. Should the defaulting party fail to cure the default within the time period provided in this Section, the non-defaulting party shall have the right, in addition to any other rights the nondefaulting party may have at law or in equity, to terminate this Contract. Compliance with the provisions of this Section shall be a condition precedent to bringing any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured.

32. WORK NOT LISTED IN PROPOSAL It is the intent of the plans, specifications, and contract documents to provide for the complete asbestos

and lead removal and demolition unless otherwise specifically provided. Except for authorized changes in the work, payment for said complete project will be made only on the basis of the contract items of work stated in the proposal. All other work, including the labor, materials, tools, equipment, and incidentals, provided for in the plans, specifications and contract documents, or required for the proper completion of the work as a whole, for which no separate payment has been provided shall be a supplementary obligation of the Contractor and payment therefore shall be considered included in the prices paid for the various contract items of work listed in the proposal.

Each change order shall have the written approval of the Building & Fire Official and designee,

prior to beginning the work referenced by said change order. Work shall not begin until the issuance of a Notice to Proceed in the form of a Purchase Order revision.

33. ATTORNEY'S FEES Should any litigation, specifically including but not limited to, arbitration and other non-judicial resolution

of disputes be commenced between the parties to this agreement concerning this agreement or the rights and duties of either in relation thereto, the parties prevailing in such litigation or other proceeding shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for attorney fees in such litigation where the proceeding which, if not agreed upon by the parties, shall be determined by the court or other entity in which such litigation or other proceeding is brought.

34. DISPUTES

Except for such claims as defined in and covered by California Public Contract Code section 9204 any controversy or claim arising out of or relating to the provisions of any Construction Contract awarded for this project, or the breach thereof shall be settled by arbitration, in accordance with the Rules of the American Arbitration Association, unless the parties agree, in writing, to some other form of alternative dispute resolution.

35. PROHIBITED INTEREST No member, officer, or employee of the City of Victorville or of a local public body shall have any interest,

direct or indirect, in this contract of the proceeds thereof during his tenure or for one year thereafter. Furthermore, the parties hereto covenant and agree to their knowledge no board member, officer or employee of the City of Victorville has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Victorville, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made in writing to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1120) of Division 4 of Title I of the Government Code of the State of California.

36. SMALL BUSINESS AND MINORITY/WOMEN BUSINESS OWNED The City of Victorville encourages all businesses, including small business, minority and women-owned

businesses that can provide the desired product or service, to submit proposals. If you are currently certified as small business, minority, or women-owned businesses, please include a copy of your certification letter along with your bid proposal response. The City of Victorville hereby notifies all bidders that it will affirmatively ensure that minority business enterprises will be afforded full opportunity and consideration when submitting bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, creed, or national origin when reviewing the bid proposals for award of contract.

37. ENTIRE AGREEMENT This contract, including any attachments hereto, constitutes the sole and only agreement between the

parties. It correctly sets forth the obligations of the parties to each other in respect to any such matters as of this date. Any agreements, discussions, statements, or representations of any kind between the parties respecting any such matters, not expressly set forth, in this agreement are null and void.

38. INDEMNIFICATION

Notwithstanding the limits of any insurance, Contractor shall indemnify the City, its officials, officers, agents, volunteers and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the

negligent performance of the work, operations or activities of Contractor, its agents, employees, sub-contractors, or invitees, provided for herein, or arising or alleged to arise from the negligent acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's negligent perfor-mance of or failure to perform any term, provision, covenant or condition of this Agreement, but ex-cluding such claims or liabilities or portion of such claims or liabilities arising or alleged to arise from the negligence or willful misconduct of the City its officials, officers, agents, volunteers or employees, and in connection therewith: (a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities

and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; (b) Contractor will promptly pay any judgment rendered against the City, its officials, officers,

agents or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor's (or its agents, employees, subcontractors or invitees) negligent performance of or failure to perform such work, operations or activities hereunder; and Contractor agrees to save and hold the City, its officials, volunteers, officers, agents, and employees harmless therefrom; (c) In the event the City, its officials, officers, agents, volunteers or employees is made a party to

any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor shall pay to the City, its officials, volunteers officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel acceptable to City. (d) Contractor's duty to defend and indemnify as set out in this Section shall include any claims,

liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or in-jury to persons or property arising or alleged to arise from, in connection with, as a consequence of, or pursuant to, any state or federal law or regulation regarding hazardous substances, including but not limited to the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive En-vironmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter-Cologne Water Quality Control Act, as any of those statutes may be amended from time to time. The Contractor's indemnification obligations pursuant to this Section shall survive the termination of this Agreement. Contractor shall require the same indemnification from all subcontractors.

39. FEDERAL, STATE, AND LOCAL LAWS The Contractor and all subcontractors shall comply with all applicable federal, state, and local laws, rules, and regulations. This project is funded through Community Development Block Grant (CDBG) funds and all federal rules and regulations pertaining to CDBG funds

40. AFFIRMATIVE ACTION

The City of Victorville hereby notifies all bidders that it will affirmatively ensure that minority business enterprises will be afforded full opportunity and consideration when submitting bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, creed, or national origin when reviewing and bid proposal for award of contract.

41. RECYCLING, SALVAGE, AND LANDFILL DIVERSION

The City encourages innovative approaches to recycling, reuse, or salvage. The City of Victorville is mandated by the State of California to implement programs to reduce the amount of waste sent to landfill by 50% by the year 2000 and beyond.

In order to comply with this State mandate, the City requires all contractors to fill out the attached “Construction/Demolition Waste Recycling Plan” (C/DWRP, pages 58-59). The plan outlines how the contractor will divert 50% of waste material from the landfill in order to achieve the State goal. At a minimum, contractors must divert scrap metal, concrete, and asphalt.

The successful contractor is also required to complete and submit the attached “Summary Waste Disposal and Diversion Report” (SWDDR). Weight slips documenting actual amounts disposed and diverted must accompany the SWDDR. The SWDDR must be completed at the conclusion of the project and must be submitted to the contract administrator before final payment will be made.

Contractors who need information on local scrap metal recyclers, asphalt and concrete recyclers, or brush and wood recyclers should contact the City of Victorville Solid Waste Manager at (760) 955-5086.

42. PUBLIC RECORD

Be advised that all information contained in proposals submitted in response to this solicitation shall become a matter of public record upon contract award, and be made upon request, unless otherwise marked. The Bidder must identify, in writing, all copyrighted material, trade secrets or other proprietary information the Bidder claims are exempt from disclosure pursuant to the Califor-nia Public Records Act.

43. HIRING OF UNDOCUMENTED IMMIGRANTS PROHIBITED

Contractor shall not hire or employ any person to perform work within the City of Victorville or allow any person to perform work required under this Agreement unless such person is properly docu-mented and legally entitled to be employed within the United States.

44. EMPLOYMENT OF LOCAL LABOR

The City of Victorville requests employment of local labor, whenever possible, shall be made in the construction of Development projects receiving public funds. Accordingly, every Contractor and subcontractor undertaking to do work on any such project which is or reasonably may be done as onsite work, shall employ, in carrying out such contract work, qualified persons who regularly reside in the designated area where such project is to be located, or qualified persons who regularly reside in the area or in the adjacent or nearby regional areas within the High Desert Region and/or South-ern California Region, except:

a. To the extent that qualified persons regularly residing in the designated area or regional area are

not available

b. For the reasonable needs of any such contractor or subcontractor, to employ supervisory or specially experienced individuals necessary to assure an efficient execution of the contract

c. The Contractor shall give full consideration to all qualified subcontractors referred by the local

municipality, chamber of commerce or construction plan rooms, but is not required to employ any subcontractor referred whom the Contractor does not consider qualified to perform the classification of work required

The payrolls maintained by the Contractor shall contain the following information: employee’s full name, address, and social security number as required in the California Department of In-dustrial Relations form A-1-131 payroll reporting form

The Contractor shall include the provisions of this condition in every subcontract for work which is, or reasonably may be, done as on-site work.

45. TRENCHES OR EXCAVATIONS Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply. a. Contractor shall promptly, and before the following conditions are disturbed, notify the City, in

writing, of any: (1) Material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class 1, Class 11, or Class III disposal site in accordance with provisions of existing law; (2) Subsurface or latent physical conditions at the site different from those indicated; or (3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract.

b. The City shall promptly investigate the conditions, and if it finds that the conditions do materially

so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost of, or the time required for, performance of any part of the work shall issue a change order per Section 1.8 of this Agreement.

That, in the event that a dispute arises between the City and Contractor whether the conditions ma-terially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be per-formed under the contract. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.

46. SUBSTITUTION OF SECURITIES Pursuant to California Public Contract Code Section 22300, substitution of eligible equivalent

securities for any moneys withheld to ensure performance under the contract for the work to be performed will be permitted at the request and expense of the successful bidder.

47. REPRESENTATIVE OF CONTRACTOR The following principals of Contractor are hereby designated as being the principals and representative

of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith; it is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for the City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the foregoing principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of the City.

48. PROHIBITION OF ASSIGNMENT The experience, knowledge, capability and reputation of Contractor, its principals and employees were

a substantial inducement for the City to enter into this Agreement. Neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of the City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of the City.

49. INDEPENDENT CONTRACTOR

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its subcontractors, agents, or employees, performs the services required herein,

except as otherwise set forth herein. The City shall have no voice in the selection, discharge, super-vision or control of Contractor's employees, subcontractors, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Contractor shall perform all services re-quired herein as an independent Contractor of the City and shall remain at all times as to the City a wholly independent Contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its subcontractors, agents or employ-ees are agents or employees of the City. The City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venture or a member of any joint enterprise with Contractor.

50. OWNERSHIP OF DOCUMENTS All drawings, specifications, reports, records, documents and other materials prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of the City and shall be delivered to the City upon request of the Contract Officer or upon the termi-nation of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by the City of its full rights of ownership of the documents and materials hereunder. Contractor may retain copies of such documents for its’ own use. Contrac-tor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to the City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify the City for all damages re-sulting there from.

51. UNFAIR BUSINESS PRACTICE CLAIMS In entering into a Development contract or a subcontract to supply goods, services or materials pur-suant to a Development contract, the Contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the Development contract or the subcontract. This assignment shall be made and become effective at the time the awarding body renders final payment to the Contractor without further acknowledgment by the parties. (Sec. 7103.5, California Public Contract Code).

52. SEVERABILITY In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections

contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

53. WAIVER

No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

54. APPRENTICES ON PUBLIC WORKS

The Contractor shall comply with all applicable provisions of Section 1777.6 of the California Labor Code relating to employment of apprentices on public works projects. Prior to commencing work on

a contract for public works, Contractor shall submit Contract award information to an applicable ap-prenticeship program that can supply apprentices to the site of the public works. Contractor and Sub-contractor shall provide and keep accurate payroll records and shall be available for inspection by the Labor Standards Enforcement (full texts of these codes are available at www.leginfo.ca.gov/calaw.html).

55. DRUG-FREE WORKPLACE REQUIREMENTS

The contractor and all subcontractors shall comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code Sections 8350 et seq.).

56. AMERICANS WITH DISABILITIES The Bidder shall comply with the Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. 12101 et seq.) which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA.

SECTION B FEDERAL REQUIREMENTS

Federal Labor Standards Provisions – HUD 4010

Applicable Federal Wage Determination

Federal Labor Standards Provisions U.S. Department of Housing and Urban Development Office of Labor Relations

Previous editions are obsolete

Page 1 of 5

form HUD-4010 (06/2009) ref. Handbook 1344.1

Applicabil ity

The Project or Program to which the construct ion work covered by this contract pertains is being assisted by the United States of America and the fol lowing Federal Labor Standards Provisions are included in this Contract pursuant to the provisions appl icable to such Federal assistance.

A. 1. (i ) Minimum Wages. All laborers and mechanics employed or working upon the site of the work, wi l l be paid uncondit ional ly and not less often than once a week, and without subsequent deduct ion or rebate on any account (except such payrol l deduct ions as are permit ted by regulat ions issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the fu l l amount of wages and bona f ide fr inge benefi ts (or cash equivalents thereof) due at t ime of payment computed at rates not less than those contained in the wage determinat ion of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relat ionship which may be al leged to exist between the contractor and such laborers and mechanics. Contribut ions made or costs reasonably ant ic ipated for bona f ide fr inge benef i ts under Sect ion l(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 contribut ions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the part icular weekly period, are deemed to be construct ively made or incurred during such weekly period.

Such laborers and mechanics shal l be paid the appropriate wage rate and fr inge benefi ts on the wage determinat ion for the classif icat ion of work actual ly performed, without regard to ski l l , except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classif icat ion may be compensated at the rate specif ied for each classif icat ion for the t ime actual ly worked therein: Provided, That the employer’s payrol l records accurately set forth the t ime spent in each classif icat ion in which work is performed. The wage determinat ion (including any addit ional c lassif icat ion and wage rates conformed under 29 CFR 5.5(a)(1)(i i ) and the Davis-Bacon poster (WH-1321) shal l be posted at al l t imes by the contractor and i ts subcontractors at the site of the work in a prominent and accessible, place where i t can be easi ly seen by the workers.

(i i ) (a) Any class of laborers or mechanics which is not l isted in the wage determinat ion and which is to be employed under the contract shal l be classif ied in conformance with the wage determinat ion. HUD shal l approve an addit ional c lassif icat ion and wage rate and fr inge benefi ts therefor only when the fol lowing cri ter ia have been met:

(1) The work to be performed by the classif icat ion requested is not performed by a classif icat ion in the wage determinat ion; and

(2) The classif icat ion is ut i l ized in the area by the construct ion industry; and

(3) The proposed wage rate, including any bona f ide fr inge benefi ts, bears a reasonable relat ionship to the wage rates contained in the wage determinat ion.

(b) I f the contractor and the laborers and mechanics to be employed in the classif icat ion (i f known), or their representat ives, and HUD or i ts designee agree on the classif icat ion and wage rate (including the amount designated for fr inge benefi ts where appropriate), a report of the act ion taken shal l be sent by HUD or i ts designee to the Administrator of the Wage and Hour Divis ion, Employment Standards Administrat ion, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representat ive, wi l l approve, modify, or disapprove every addit ional c lassif icat ion act ion within 30 days of receipt and so advise HUD or i ts designee or wi l l not i fy HUD or i ts designee within the 30-day period that addit ional t ime is necessary. (Approved by the Off ice 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 classif icat ion or their representat ives, and HUD or i ts designee do not agree on the proposed classif icat ion and wage rate (including the amount designated for f r inge benefi ts, where appropriate), HUD or i ts designee shal l refer the quest ions, including the views of al l interested part ies and the recommendation of HUD or i ts designee, to the Administrator for determinat ion. The Administrator, or an authorized representat ive, wi l l issue a determinat ion within 30 days of receipt and so advise HUD or i ts designee or wi l l not i fy HUD or i ts designee within the 30-day period that addit ional t ime is necessary. (Approved by the Off ice of Management and Budget under OMB Control Number 1215-0140.)

(d) The wage rate (including fr inge benefi ts where appropriate) determined pursuant to subparagraphs (1)(i i ) (b) or (c) of this paragraph, shal l be paid to al l workers performing work in the classif icat ion under th is contract from the f irst day on which work is performed in the classif icat ion.

(i i i ) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fr inge benefi t which is not expressed as an hourly rate, the contractor shal l ei ther pay the benefi t as stated in the wage determinat ion or shal l pay another bona f ide fr inge benefi t or an hourly cash equivalent thereof.

(iv) I f the contractor does not make payments to a trustee or other third person, the contractor may consider as part

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of the wages of any laborer or mechanic the amount of any costs reasonably ant ic ipated in providing bona f ide fr inge benefi ts under a plan or program, Provided, That the Secretary of Labor has found, upon the writ ten request of the contractor, that the appl icable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obl igat ions under the plan or program. (Approved by the Off ice of Management and Budget under OMB Control Number 1215-0140.)

2. Withholding. HUD or i ts designee shal l upon i ts own act ion or upon writ ten request of an authorized representat ive of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federal ly-assisted contract subject to Davis-Bacon prevai l ing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprent ices, trainees and helpers, employed by the contractor or any subcontractor the ful l amount of wages required by the contract In the event of fai lure to pay any laborer or mechanic, including any apprent ice, trainee or helper, employed or working on the site of the work, al l or part of the wages required by the contract, HUD or i ts designee may, after wr i t ten not ice to the contractor, sponsor, appl icant, or owner, take such act ion as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds unt i l such violat ions have ceased. HUD or i ts designee may, after wri t ten not ice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respect ive employees to whom they are due. The Comptrol ler General shal l make such disbursements in the case of direct Davis-Bacon Act contracts.

3. (i) Payrolls and basic records. Payrol ls and basic records relat ing thereto shal l be maintained by the contractor during the course of the work preserved for a period of three years thereafter for al l laborers and mechanics working at the si te of the work. Such records shal l contain the name, address, and social secur i ty number of each such worker, his or her correct c lassif icat ion, hourly rates of wages paid (including rates of contribut ions or costs ant ic ipated for bona f ide fr inge benefi ts or cash equivalents thereof of the types described in Sect ion l (b)(2)(B) of the Davis-bacon Act), dai ly and weekly number of hours worked, deduct ions 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 ant ic ipated in providing benefi ts under a plan or program described in Sect ion l(b)(2)(B) of the Davis-Bacon Act, the contractor shal l maintain records which show that the commitment to provide such benefi ts is enforceable, that the plan or program is f inancial ly responsible, and that the plan or program has been

communicated in writ ing to the laborers or mechanics affected, and records which show the costs ant ic ipated or the actual cost incurred in providing such benefi ts. Contractors employing apprent ices or trainees under approved programs shal l maintain wr it ten evidence of the registrat ion of apprent iceship programs and cert i f icat ion of trainee programs, the registrat ion of the apprent ices and trainees, and the rat ios and wage rates prescribed in the appl icable programs. (Approved by the Off ice of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.)

(i i ) (a) The contractor shal l submit weekly for each week in which any contract work is performed a copy of al l payrol ls to HUD or i ts designee i f the agency is a party to the contract, but i f the agency is not such a party, the contractor wi l l submit the payrol ls to the appl icant sponsor, or owner, as the case may be, for transmission to HUD or i ts designee. The payrol ls submitted shal l set out accurately and completely al l of the information required to be maintained under 29 CFR 5.5(a)(3)(i) except that ful l social securi ty numbers and home addresses shal l not be included on weekly transmittals. Instead the payrol ls shal l only need to include an individual ly ident i fying number for each employee (e.g., the last four digits of the employee’s social securi ty number). The required weekly payrol l information may be submitted in any form desired. Optional Form WH-347 is avai lable for th is purpose from the Wage and Hour Divis ion Web site at http:/ /www.dol.gov/esa/whd/forms/wh347instr.htm or i ts successor site. The prime contractor is responsible for the submission of copies of payrol ls by al l subcontractors. Contractors and subcontractors shal l maintain the ful l social securi ty number and current address of each covered worker, and shal l provide them upon request to HUD or i ts designee i f the agency is a party to the contract, but i f the agency is not such a party, the contractor wi l l submit the payrol ls to the appl icant sponsor, or owner, as the case may be, for transmission to HUD or i ts designee, the contractor, or the Wage and Hour Divis ion of the Department of Labor for purposes of an invest igat ion or audit of compliance with prevai l ing wage requirements. I t is not a violat ion of this subparagraph for a prime contractor to require a subcontractor to provide addresses and social securi ty numbers to the prime contractor for i ts own records, without weekly submission to HUD or i ts designee. (Approved by the Off ice of Management and Budget under OMB Control Number 1215-0149.)

(b) Each payrol l submitted shal l be accompanied by a “Statement of Compliance,” s igned by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shal l cert i fy the fol lowing:

(1) That the payrol l for the payrol l period contains the information required to be provided under 29 CFR 5.5 (a)(3)(i i ), the appropriate information is being maintained under 29 CFR 5.5(a)(3)(i), and that such information is correct and complete;

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(2) That each laborer or mechanic (including each helper, apprent ice, and trainee) employed on the contract during the payrol l period has been paid the ful l weekly wages earned, without rebate, either di rect ly or indi rect ly, and that no deduct ions have been made either di rect ly or indirect ly from the ful l wages earned, other than permissible deduct ions as set forth in 29 CFR Part 3;

(3) That each laborer or mechanic has been paid not less than the appl icable wage rates and fr inge benefi ts or cash equivalents for the classif icat ion of work performed, as specif ied in the appl icable wage determinat ion incorporated into the contract.

(c) The weekly submission of a properly executed cert i f icat ion set forth on the reverse side of Optional Form WH-347 shal l sat isfy the requirement for submission of the “Statement of Compliance” required by subparagraph A.3.(i i )(b).

(d) The fals i f icat ion of any of the above cert i f icat ions may subject the contractor or subcontractor to civi l or c riminal prosecut ion under Sect ion 1001 of Tit le 18 and Sect ion 231 of Tit le 31 of the United States Code.

(i i i ) The contractor or subcontractor shal l make the records required under subparagraph A.3.(i) avai lable for inspect ion, copying, or transcript ion by authorized representat ives of HUD or i ts designee or the Department of Labor, and shal l permit such representat ives to interview employees during working hours on the job. I f the contractor or subcontractor fai ls to submit the required records or to make them avai lable, HUD or i ts designee may, after wri t ten not ice to the contractor, sponsor, appl icant or owner, take such act ion as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, fai lure to submit the required records upon request or to make such records avai lable may be grounds for debarment act ion pursuant to 29 CFR 5.12.

4. Apprentices and Trainees.

(i ) Apprentices. Apprent ices wil l be permit ted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individual ly registered in a bona f ide apprent iceship program registered with the U.S. Department of Labor, Employment and Training Administrat ion, Off ice of Apprent iceship Training, Employer and Labor Services, or with a State Apprent iceship Agency recognized by the Off ice, or i f a person is employed in his or her f i rst 90 days of probat ionary employment as an apprent ice in such an apprent iceship program, who is not individual ly registered in the program, but who has been cert i f ied by the Off ice of Apprent iceship Training, Employer and Labor Services or a State Apprent iceship Agency (where appropriate) to be el igible for probat ionary employment as an apprent ice. The al lowable rat io of apprent ices to journeymen on the job site in any craft c lassif icat ion shal l not be greater than the rat io permit ted to the contractor as to the ent ire work force under the registered program. Any worker l isted on a payrol l at an apprent ice wage rate, who

is not registered or otherwise employed as stated above, shal l be paid not less than the appl icable wage rate on the wage determinat ion for the classif icat ion of work actual ly performed. In addit ion, any apprent ice performing work on the job site in excess of the rat io permit ted under the registered program shal l be paid not less than the appl icable wage rate on the wage determinat ion for the work actual ly performed. Where a contractor is performing construct ion on a project in a local i ty other than that in which i ts program is registered, the rat ios and wage rates (expressed in percentages of the journeyman’s hourly rate) specif ied in the contractor’s or subcontractor’s registered program shal l be observed. Every apprent ice must be paid at not less than the rate specif ied in the registered program for the apprent ice’s level of progress, expressed as a percentage of the journeymen hourly rate specif ied in the appl icable wage determinat ion. Apprent ices shal l be paid fr inge benefi ts in accordance with the provisions of the apprent iceship program. I f the apprent iceship program does not specify fr inge benefi ts, apprent ices must be paid the ful l amount of f r inge benefi ts l isted on the wage determinat ion for the appl icable classif icat ion. I f the Administrator determines that a dif ferent pract ice prevai ls for the appl icable apprent ice classif icat ion, fr inges shal l be paid in accordance with that determinat ion. In the event the Off ice of Apprent iceship Training, Employer and Labor Services, or a State Apprent iceship Agency recognized by the Off ice, withdraws approval of an apprent iceship program, the contractor wi l l no longer be permit ted to ut i l ize apprent ices at less than the appl icable predetermined rate for the work performed unt i l an acceptable program is approved.

(i i ) Trainees. Except as provided in 29 CFR 5.16, trainees wil l not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant ‘ , to and individual ly registered in a program which has received prior approval, evidenced by formal cert i f icat ion by the U.S. Department of Labor, Employment and Training Administrat ion. The rat io of t rainees to journeymen on the job site shal l not be greater than permit ted under the plan approved by the Employment and Training Administrat ion. Every trainee must be paid at not less than the rate specif ied in the approved program for the trainee’s level of progress, expressed as a percentage of the journeyman hourly rate specif ied in the appl icable wage determinat ion. Trainees shal l be paid fr inge benefi ts in accordance with the provisions of the trainee program. I f the trainee program does not mention fr inge benefi ts, t rainees shal l be paid the ful l amount of f r inge benefi ts l isted on the wage determinat ion unless the Administrator of the Wage and Hour Divis ion determines that there is an apprent iceship program associated with the corresponding journeyman wage rate on the wage determinat ion which provides for less than ful l f r inge benefi ts for apprent ices. Any employee l isted on the payrol l at a trainee rate who is not registered and part ic ipat ing in a training plan approved by

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the Employment and Training Administrat ion shal l be paid not less than the appl icable wage rate on the wage determinat ion for the work actual ly performed. In addit ion, any trainee performing work on the job site in excess of the rat io permit ted under the registered program shal l be paid not less than the appl icable wage rate on the wage determinat ion for the work actual ly performed. In the event the Employment and Training Administrat ion withdraws approval of a tra ining program, the contractor wi l l no longer be permit ted to ut i l ize trainees at less than the appl icable predetermined rate for the work performed unt i l an acceptable program is approved.

(i i i ) Equal employment opportunity. The ut i l izat ion of apprent ices, trainees and journeymen under 29 CFR Part 5 shal l be in conformity with the equal employment opportunity requirements of Execut ive Order 11246, as amended, and 29 CFR Part 30.

5. Compliance with Copeland Act requirements. The contractor shal l comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract

6. Subcontracts. The contractor or subcontractor wi l l insert in any subcontracts the clauses contained in subparagraphs 1 through 11 in th is paragraph A and such other clauses as HUD or i ts designee may by appropr iate instruct ions require, and a copy of the appl icable prevai l ing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower t ier subcontracts. The prime contractor shal l be responsible for the compliance by any subcontractor or lower t ier subcontractor with al l the contract c lauses in this paragraph.

7. Contract termination; debarment. A breach of the contract c lauses in 29 CFR 5.5 may be grounds for terminat ion of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.

8. Compliance with Davis-Bacon and Related Act Requirements. All rul ings and interpretat ions of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract

9. Disputes concerning labor standards. Disputes aris ing out of the labor standards provisions of this contract shal l not be subject to the general disputes clause of this contract. Such disputes shal l be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this c lause include disputes between the contractor (or any of i ts subcontractors) and HUD or i ts designee, the U.S. Department of Labor, or the employees or their representat ives.

10. (i) Certification of Eligibil ity. By entering into th is contract the contractor cert i f ies that neither i t (nor he or she) nor any person or f i rm who has an interest in the contractor’s f i rm is a person or f i rm inel igible to be awarded Government contracts by virtue of Sect ion 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be

awarded HUD contracts or part ic ipate in HUD programs pursuant to 24 CFR Part 24.

(i i ) No part of this contract shal l be subcontracted to any person or f i rm inel igible for award of a Government contract by virtue of Sect ion 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or part ic ipate in HUD programs pursuant to 24 CFR Part 24.

(i i i ) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Addit ional ly, U.S. Criminal Code, Sect ion 1 01 0, Tit le 18, U.S.C., “Federal Housing Administrat ion transact ions”, provides in part : “Whoever, for the purpose of . . . inf luencing in any way the act ion of such Administrat ion.. . . . makes, utters or publ ishes any statement knowing the same to be false. . . . . shal l be f ined 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 appl icable shal l be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has f i led any complaint or inst i tuted or caused to be inst i tuted any proceeding or has test i f ied or is about to test i fy in any proceeding under or relat ing to the labor standards appl icable under this Contract to his employer.

B. Contract Work Hours and Safety Standards Act. The provisions of this paragraph B are applicable where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms “laborers” and “mechanics” include watchmen and guards.

(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which the individual is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek.

(2) Violation; l iabil ity for unpaid wages; l iquidated damages. In the event of any violat ion of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shal l be l iable for the unpaid wages. In addit ion, such contractor and subcontractor shal l be l iable to the United States (in the case of work done under contract for the District of Columbia or a terri tory, to such District or to such terri tory), for l iquidated damages. Such l iquidated damages shal l be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violat ion of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in sub paragraph (1) of this paragraph.

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(3) Withholding for unpaid wages and l iquidated damages. HUD or i ts designee shal l upon i ts own act ion or upon writ ten request of an authorized representat ive of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federal ly-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 sat isfy any l iabi l i t ies of such contractor or subcontractor for unpaid wages and l iquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph.

(4) Subcontracts. The contractor or subcontractor shal l insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower t ier subcontracts. The prime contractor shal l be responsible for compliance by any subcontractor or lower t ier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph.

C. Health and Safety. The provisions of this paragraph C are applicable where the amount of the prime contract exceeds $100,000.

(1) No laborer or mechanic shal l be required to work in surroundings or under working condit ions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construct ion safety and heal th standards promulgated by the Secretary of Labor by regulat ion.

(2) The Contractor shal l comply with al l regulat ions issued by the Secretary of Labor pursuant to Tit le 29 Part 1926 and fa i lure to comply may result in imposit ion of sanct ions pursuant to the Contract Work Hours and Safety Standards Act, (Publ ic Law 91-54, 83 Stat 96). 40 USC 3701 et seq.

(3) The contractor shal l include the provisions of this paragraph in every subcontract so that such provisions wi l l be binding on each subcontractor. The contractor shal l take such act ion with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shal l di rect as a means of enforcing such provisions.

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"General Decision Number: CA20210017 09/03/2021

Superseded General Decision Number: CA20200017

State: California

Construction Type: Residential

Counties: Imperial, Los Angeles, Orange, Riverside, San Bernardino, San Luis Obispo, Santa Barbara and Ventura Counties in California.

RESIDENTIAL CONSTRUCTION PROJECTS (consisting of single family homes and apartments up to and including 4 stories)

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.95 for calendar year 2021 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.95 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2021. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate,if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/01/2021 1 01/08/2021 2 01/15/2021 3 01/22/2021 4 02/05/2021 5 02/12/2021 6 03/05/2021 7 03/19/2021 8 04/23/2021 9 07/23/2021 10 08/06/2021 11 08/20/2021 12 09/03/2021

ASBE0005-002 07/05/2021

Rates Fringes

Asbestos Workers/Insulator (Includes the application of all insulating materials,

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protective coverings, coatings, and finishes to all types of mechanical systems).....$ 47.25 24.45 Fire Stop Technician (Application of Firestopping Materials for wall openings and penetrations in walls, floors, ceilings and curtain walls)...........................$ 28.92 18.73 ---------------------------------------------------------------- ASBE0005-004 07/01/2019

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)....$ 20.63 12.17 ---------------------------------------------------------------- * BRCA0004-001 05/01/2020

Rates Fringes

Bricklayer; Marble Setter Los Angeles County..........$ 41.53 19.48 Orange County...............$ 41.39 18.95 Riverside & San Bernardino Counties....................$ 41.48 18.63 Ventura County..............$ 41.39 18.81

*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

---------------------------------------------------------------- BRCA0004-004 11/01/2019

IMPERIAL

Rates Fringes

BRICKLAYER; MARBLE SETTER........$ 49.50 18.15 ---------------------------------------------------------------- * BRCA0004-009 05/01/2020

SAN LUIS OBISPO AND SANTA BARBARA COUNTIES

Rates Fringes

BRICKLAYER; MARBLE SETTER........$ 41.83 17.51

*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

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---------------------------------------------------------------- BRCA0018-001 06/01/2019

Rates Fringes

MARBLE FINISHER..................$ 33.43 14.11 TILE FINISHER....................$ 28.23 12.65 ---------------------------------------------------------------- BRCA0018-002 06/01/2019

SAN LUIS OBISPO AND SANTA BARBARA

Rates Fringes

TILE LAYER.......................$ 40.07 18.36 ---------------------------------------------------------------- BRCA0018-003 06/01/2019

IMPERIAL, LOS ANGELES, ORANGE, RIVERSIDE, SAN BERNARDINO & VENTURA

Rates Fringes

TILE LAYER.......................$ 40.07 18.36 ---------------------------------------------------------------- BRCA0018-010 09/01/2020

Rates Fringes

TERRAZZO FINISHER................$ 33.66 14.20 TERRAZZO WORKER/SETTER...........$ 41.60 14.73 ---------------------------------------------------------------- CARP0409-003 07/01/2019

Rates Fringes

Drywall (1) Work on Wood-Framed Single Family Homes, and Wood-Framed Apartment Buildings up to and including 4 Stories Drywall Installer/Lather...$ 29.97 13.53 Stocker/Scrapper...........$ 18.02 8.37 (2) All other Work Drywall Installer/Lather...$ 50.35 13.53 Stocker/Scrapper...........$ 18.02 8.37 ---------------------------------------------------------------- CARP0409-004 07/01/2019

Work on wood frame single family homes and apartments up to and including 4 stories:

Rates Fringes

CARPENTER Cabinet installer...........$ 39.21 13.53 Fence builder...............$ 37.66 13.37 Framer & finish carpenter...$ 39.50 13.53 Insulation installer........$ 24.02 13.21 Roof loader of shingles.....$ 29.16 13.53 Shingler....................$ 38.65 13.53 Subterranean garage

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concrete construction and carpenters performing on grade slab concrete construction................$ 38.13 13.53 ---------------------------------------------------------------- CARP0409-009 01/01/2019

Rates Fringes

Modular Furniture Installer......$ 19.85 6.66 ---------------------------------------------------------------- ELEC0011-003 12/28/2020

LOS ANGELES

Rates Fringes

ELECTRICIAN (does not include fire alarm, hold-up alarm, burglar alarm and surveillance systems)............$ 30.00 3%+6.80 ---------------------------------------------------------------- ELEC0011-006 12/28/2020

COMMUNICATIONS AND SYSTEMS WORK

LOS ANGELES COUNTY

Rates Fringes

Communications System Installer...................$ 41.52 3%+14.33 Technician..................$ 33.30 3%+27.82

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, microwave transmission, multi-media, multiplex, nurse call systems, radio page, burglar alarms and fire alarms.

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.

---------------------------------------------------------------- ELEC0413-002 09/01/2020

SANTA BARBARA COUNTY

Rates Fringes

Electricians.....................$ 34.00 3%+3.50

WORK AT VANDENBERG AFB: $3.75 additional per hour. ---------------------------------------------------------------- ELEC0413-004 12/28/2020

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COMMUNICATIONS AND SYSTEMS WORK

SANTA BARBARA COUNTY

Rates Fringes

Communications System Installer...................$ 39.07 3%+14.21

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, microwave transmission, multi-media, multiplex, nurse call systems, radio page, burglar alarms and fire alarm (see last paragraph below).

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.

Fire alarm work shall be performed at the current inside electrician total cost package.

---------------------------------------------------------------- ELEC0440-002 12/28/2020

RIVERSIDE

Rates Fringes

ELECTRICIAN......................$ 46.75 3%+23.67 ---------------------------------------------------------------- ELEC0440-005 12/28/2020

COMMUNICATIONS AND SYSTEMS WORK

RIVERSIDE AND SAN BERNARDINO COUNTIES

Rates Fringes

Communications System Installer...................$ 37.60 3%+15.84 Technician..................$ 33.09 15.89

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, microwave transmission, multi-media, multiplex, nurse call systems, radio page, burglar alarms and fire alarms.

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;

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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.

---------------------------------------------------------------- ELEC0441-002 03/01/2021

ORANGE

Rates Fringes

ELECTRICIAN......................$ 29.77 9.74 ---------------------------------------------------------------- ELEC0477-003 12/28/2020

SAN BERNARDINO

Rates Fringes

ELECTRICIAN......................$ 30.00 3%+7.80 ---------------------------------------------------------------- * ELEC0569-003 08/30/2021

IMPERIAL

Rates Fringes

ELECTRICIAN 1 to 3 Stories..............$ 37.28 7.98 ---------------------------------------------------------------- ELEC0639-002 03/01/2017

SAN LUIS OBISPO

Rates Fringes

ELECTRICIAN......................$ 23.50 7.72 ---------------------------------------------------------------- ELEC0639-003 12/01/2019

COMMUNICATIONS AND SYSTEMS WORK

SAN LUIS OBISPO COUNTY

Rates Fringes

Communications System Installer...................$ 36.72 14.76 Technician..................$ 30.89 11.66

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, microwave transmission, multi-media, multiplex, nurse call systems, radio page, burglar alarms and fire alarm (see last paragraph below).

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;

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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.

Fire alarm work shall be performed at the current inside electrician total cost package.

---------------------------------------------------------------- ELEC0952-002 07/26/2021

VENTURA

Rates Fringes

CABLE SPLICER All work within 32 road miles or less from the nearest base point..........$ 47.85 28.59 ELECTRICIAN All work within 32 road miles or less from the nearest base point..........$ 43.50 28.46

ALL WORK MORE THAN 32 ROAD MILES FROM NEAREST BASE POINT: Add $5.00 to the basic hourly rate. BASE POINTS: the main Post Office in the cities of Camarillo, Oak View, Oxnard, Santa Paula and Ventura.

---------------------------------------------------------------- ELEC0952-004 12/28/2020

COMMUNICATIONS AND SYSTEMS WORK

VENTURA COUNTY ONLY

Rates Fringes

Communications System Installer...................$ 39.82 14.78 Technician..................$ 30.10 12.78

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, microwave transmission, multi-media, multiplex, nurse call systems, radio page, burglar alarms and fire alarm (see last paragraph below).

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.

Fire alarm work shall be performed at the current inside electrician total cost package.

----------------------------------------------------------------

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ELEV0008-004 01/01/2021

SAN LUIS OBISPO

Rates Fringes

ELEVATOR MECHANIC................$ 72.10 35.825+a+b

FOOTNOTE: a. PAID VACATION: Employer contributes 8% of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service. b. PAID HOLIDAYS: New Years Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day.

---------------------------------------------------------------- ELEV0018-004 01/01/2021

IMPERIAL, LOS ANGELES, ORANGE, RIVERSIDE, SAN BERNARDINO, SANTA BARBARA AND VENTURA

Rates Fringes

ELEVATOR MECHANIC................$ 59.32 35.825+a+b

FOOTNOTE: PAID VACATION: Employer contributes 8% of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service. PAID HOLIDAYS: New Years Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day.

---------------------------------------------------------------- ENGI0012-001 07/01/2018

Rates Fringes

OPERATOR: Power Equipment (Cranes, Piledriving & Hoisting) GROUP 1....................$ 46.65 25.25 GROUP 2....................$ 47.43 25.25 GROUP 3....................$ 47.72 25.25 GROUP 4....................$ 47.86 25.25 GROUP 5....................$ 48.08 25.25 GROUP 6....................$ 48.19 25.25 GROUP 7....................$ 48.31 25.25 GROUP 8....................$ 48.48 25.25 GROUP 9....................$ 48.65 25.25 GROUP 10....................$ 49.65 25.25 GROUP 11....................$ 50.65 25.25 GROUP 12....................$ 51.65 25.25 GROUP 13....................$ 52.65 25.25 OPERATOR: Power Equipment GROUP 1....................$ 45.30 25.25 GROUP 2....................$ 46.08 25.25 GROUP 3....................$ 46.37 25.25 GROUP 4....................$ 47.86 25.25 GROUP 5....................$ 48.96 25.25 GROUP 6....................$ 48.08 25.25 GROUP 7....................$ 49.18 25.25 GROUP 8....................$ 48.19 25.25

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GROUP 9....................$ 49.29 25.25 GROUP 10....................$ 48.31 25.25 GROUP 11....................$ 49.41 25.25 GROUP 12....................$ 49.48 25.25 GROUP 13....................$ 48.58 25.25 GROUP 14....................$ 48.61 25.25 GROUP 15....................$ 48.69 25.25 GROUP 16....................$ 48.81 25.25 GROUP 17....................$ 48.98 25.25 GROUP 18....................$ 49.08 25.25 GROUP 19....................$ 49.19 25.25 GROUP 20....................$ 49.31 25.25 GROUP 21....................$ 49.48 25.25 GROUP 22....................$ 49.58 25.25 GROUP 23....................$ 49.69 25.25 GROUP 24....................$ 49.81 25.25 GROUP 25....................$ 49.98 25.25

PREMIUM PAY: $3.75 per hour shall be paid on all Power Equipment Operator work on the followjng Military Bases: China Lake Naval Reserve, Vandenberg AFB, Point Arguello, Seely Naval Base, Fort Irwin, Nebo Annex Marine Base, Marine Corp Logistics Base Yermo, Edwards AFB, 29 Palms Marine Base

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.

CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS

GROUP 1: Engineer oiler; Fork lift operator (includes loed, lull or similar types)

GROUP 2: Truck crane oiler

GROUP 3: A-frame or winch truck operator; Ross carrier operator (jobsite)

GROUP 4: Bridge-type unloader and turntable operator; Helicopter hoist operator

GROUP 5: Hydraulic boom truck; Stinger crane (Austin-Western or similar type); Tugger hoist operator (1 drum)

GROUP 6: Bridge crane operator; Cretor crane operator; Hoist operator (Chicago boom and similar type); Lift mobile operator; Lift slab machine operator (Vagtborg and similar types); Material hoist and/or manlift operator; Polar gantry crane operator; Self Climbing scaffold (or similar type); Shovel, backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator

GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cu. yds. mrc); Tower crane repair; Tugger hoist operator (3 drum)

GROUP 8: Crane operator (up to and including 25 ton capacity); Crawler transporter operator; Derrick barge operator (up to and including 25 ton capacity); Hoist operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity); Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds., M.R.C.)

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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)

POWER EQUIPMENT OPERATORS CLASSIFICATIONS

GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch Witch, with seat or similar type equipment; Elevator operator-inside; Engineer Oiler; Forklift operator (includes loed, lull or similar types under 5 tons; Generator operator; Generator, pump or compressor plant operator; Pump operator; Signalman; Switchman

GROUP 2: Asphalt-rubber plant operator (nurse tank operator); Concrete mixer operator-skip type; Conveyor operator; Fireman; Forklift operator (includes loed, lull or similar types over 5 tons; Hydrostatic pump operator; oiler crusher (asphalt or concrete plant); Petromat laydown machine; PJU side dum jack; Screening and conveyor machine oeprator (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 (side 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

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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 (including water wells); Hydrographic seeder machine operator (straw, pulp or seed), Jackson track maintainer, or similar type; Kalamazoo Switch tamper, or similar type; Machine tool operator; Maginnis internal full slab vibrator, Mechanical berm, curb or gutter(concrete or asphalt); Mechanical finisher operator (concrete, Clary-Johnson-Bidwell or similar); Micro tunnel system (below ground); Pavement breaker operator (truck mounted); Road oil mixing machine operator; Roller operator (asphalt or finish), rubber-tired earth moving equipment (single engine, up to and including 25 yds. struck); Self-propelled tar pipelining machine operator; Skiploader operator (crawler and wheel type, over 3/4 yd. and up to and including 1-1/2 yds.); Slip form pump operator (power driven hydraulic lifting device for concrete forms); Tractor operator-bulldozer, tamper-scraper (single engine, up to 100 h.p. flywheel and similar types, up to and including D-5 and similar types); Tugger hoist operator (1 drum); Ultra high pressure waterjet cutting tool system operator; Vacuum blasting machine operator

GROUP 7: Welder - General

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

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drill operator (excluding caisson type); Rubber-tired earth-moving equipment operator (single engine, caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. up to and including 50 cu. yds. struck); Rubber-tired earth-moving equipment operator (multiple engine up to and including 25 yds. struck); Rubber-tired scraper operator (self-loading paddle wheel type-John Deere, 1040 and similar single unit); Self- propelled curb and gutter machine operator; Shuttle buggy; Skiploader operator (crawler and wheel type over 1-1/2 yds. up to and including 6-1/2 yds.); Soil remediation plant operator; Surface heaters and planer operator; Tractor compressor drill combination operator; Tractor operator (any type larger than D-5 - 100 flywheel h.p. and over, or similar-bulldozer, tamper, scraper and push tractor single engine); Tractor operator (boom attachments), Traveling pipe wrapping, cleaning and bendng machine operator; Trenching machine operator (over 6 ft. depth capacity, manufacturer's rating); trenching Machine with Road Miner attachment (over 6 ft depth capacity): Ultra high pressure waterjet cutting tool system mechanic; Water pull (compaction) operator

GROUP 9: Heavy Duty Repairman

GROUP 10: Drilling machine operator, Bucket or auger types (Calweld 200 B bucket or similar types-Watson 3000 or 5000 auger or similar types-Texoma 900 auger or similar types-drilling depth of 105' maximum); Dual drum mixer, dynamic compactor LDC350 (or similar types); Monorail locomotive operator (diesel, gas or electric); Motor patrol-blade operator (single engine); Multiple engine tractor operator (Euclid and similar type-except Quad 9 cat.); Rubber-tired earth-moving equipment operator (single engine, over 50 yds. struck); Pneumatic pipe ramming tool and similar types; Prestressed wrapping machine operator; Rubber-tired earth-moving equipment operator (single engine, over 50 yds. struck); Rubber tired earth moving equipment operator (multiple engine, Euclid, caterpillar and similar over 25 yds. and up to 50 yds. struck), Tower crane repairman; Tractor loader operator (crawler and wheel type over 6-1/2 yds.); Woods mixer operator (and similar Pugmill equipment)

GROUP 11: Heavy Duty Repairman - Welder Combination, Welder - Certified.

GROUP 12: Auto grader operator; Automatic slip form operator; Drilling machine operator, bucket or auger types (Calweld, auger 200 CA or similar types - Watson, auger 6000 or similar types - Hughes Super Duty, auger 200 or similar types - drilling depth of 175' maximum); Hoe ram or similar with compressor; Mass excavator operator less tha 750 cu. yards; Mechanical finishing machine operator; Mobile form traveler operator; Motor patrol operator (multi-engine); Pipe mobile machine operator; Rubber-tired earth- moving equipment operator (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck); Rubber-tired self- loading scraper operator (paddle-wheel-auger type self-loading - two (2) or more units)

GROUP 13: Rubber-tired earth-moving equipment operator operating equipment with push-pull system (single engine, up to and including 25 yds. struck)

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GROUP 14: Canal liner operator; Canal trimmer operator; Remote- control earth-moving equipment operator (operating a second piece of equipment: $1.00 per hour additional); Wheel excavator operator (over 750 cu. yds.)

GROUP 15: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine-up to and including 25 yds. struck)

GROUP 16: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, over 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck)

GROUP 17: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 50 cu. yds. struck); Tandem tractor operator (operating crawler type tractors in tandem - Quad 9 and similar type)

GROUP 18: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, up to and including 25 yds. struck)

GROUP 19: Rotex concrete belt operator (or similar types); Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds.and up to and including 50 cu. yds. struck); Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, up to and including 25 yds. struck)

GROUP 20: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, over 50 yds. struck); Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps, and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck)

GROUP 21: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck)

GROUP 22: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, up to and including 25 yds. struck)

GROUP 23: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and

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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)

---------------------------------------------------------------- IRON0433-006 07/01/2020

Rates Fringes

IRONWORKER Fence Erector...............$ 34.58 24.81 Ornamental, Reinforcing and Structural..............$ 41.00 33.45

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

---------------------------------------------------------------- LABO0220-003 07/01/2019

Residential, 4 Stories

SAN LUIS OBISPO AND SANTA BARBARA COUNTIES

Rates Fringes

LABORER GROUP 1.....................$ 35.24 20.09 GROUP 2.....................$ 35.79 20.09 GROUP 3.....................$ 36.34 20.09 GROUP 4.....................$ 37.89 20.09

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GROUP 5.....................$ 38.24 20.09

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 and patching; post hole digger (manual);Railroad maintenance, repair track person and road beds;Streetcar and railroad construction track laborers; Rigging andsignaling; Scaler; Slip form raiser; Slurry seal crew (mixer operator, applicator operator, squeegee person, shuttle person, top person), filling of cracks by any method on any surface; 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: Asbestos abatement; 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, curb, 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 installation of all asphalt overlay fabric and materials used for reinforcing asphalt; Laborer, packing rod steel and pans; Membrane vapor barrier installer; Power broom sweeper (small); Riprap stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Sandblaster (pot tender); Septic tank digger and installer (lead); Tank scaler and cleaner; Tree climber, faller, chain saw operator, Pittsburgh chipper and similar type brush shredder; Underground laborer, including caisson bellower

GROUP 3: Buggymobile person; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or longer; Dri-pak-it machine; Gas, oil and/or water pipeline wrapper, 6-in. pipe and over, by any method, inside and out; High scaler (including drilling of same); Hydro seeder and similar type; Impact wrench multi-plate; Kettle person, pot person and workers applying asphalt, lay-kold, creosote, lime caustic and similar type materials (""applying"" means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing); Operator of pneumatic, gas, electric tools, vibrating machine, pavement breaker, air blasting, come-alongs, and similar mechanical tools not separately classified herein; operation of remote controlled robotic tools in connection with Laborer's work; Pipelayer's backup person, coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; Power post hole digger; Rock slinger;

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https://sam.gov/wage-determination/CA20210017/12 16/35

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: Any worker exposed to raw sewage; 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; Over-size 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 theditch 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; Traffic lane closure, Certified.

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 types of mechanical drills without regard to the form of motive power; Toxic waste removal; Boring system electronic tracking locator

---------------------------------------------------------------- LABO0220-006 07/01/2021

SAN LUIS OBISPO AND SANTA BARBARA COUNTIES

Rates Fringes

Brick Tender.....................$ 35.82 20.45 ---------------------------------------------------------------- LABO0300-002 07/01/2021

LOS ANGELES COUNTY

Rates Fringes

Brick Tender.....................$ 35.82 20.45 ---------------------------------------------------------------- LABO0300-004 07/01/2019

Residential, 4 Stories

LOS ANGELES COUNTY

Rates Fringes

LABORER GROUP 1.....................$ 35.24 20.09 GROUP 2.....................$ 35.79 20.09

9/22/21, 4:31 PM SAM.gov

https://sam.gov/wage-determination/CA20210017/12 17/35

GROUP 3.....................$ 36.34 20.09 GROUP 4.....................$ 37.89 20.09 GROUP 5.....................$ 38.24 20.09

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 and patching; post hole digger (manual);Railroad maintenance, repair track person and road beds;Streetcar and railroad construction track laborers; Rigging andsignaling; Scaler; Slip form raiser; Slurry seal crew (mixer operator, applicator operator, squeegee person, shuttle person, top person), filling of cracks by any method on any surface; 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: Asbestos abatement; 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, curb, 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 installation of all asphalt overlay fabric and materials used for reinforcing asphalt; Laborer, packing rod steel and pans; Membrane vapor barrier installer; Power broom sweeper (small); Riprap stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Sandblaster (pot tender); Septic tank digger and installer (lead); Tank scaler and cleaner; Tree climber, faller, chain saw operator, Pittsburgh chipper and similar type brush shredder; Underground laborer, including caisson bellower

GROUP 3: Buggymobile person; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or longer; Dri-pak-it machine; Gas, oil and/or water pipeline wrapper, 6-in. pipe and over, by any method, inside and out; High scaler (including drilling of same); Hydro seeder and similar type; Impact wrench multi-plate; Kettle person, pot person and workers applying asphalt, lay-kold, creosote, lime caustic and similar type materials (""applying"" means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing); Operator of pneumatic, gas, electric tools, vibrating machine, pavement breaker, air blasting, come-alongs, and similar mechanical tools not separately classified herein; operation of remote controlled robotic tools in connection with Laborer's work; Pipelayer's backup person, coating, grouting, making of joints, sealing, caulking, diapering

9/22/21, 4:31 PM SAM.gov

https://sam.gov/wage-determination/CA20210017/12 18/35

and including rubber gasket joints, pointing and any and all other services; Power post hole digger; 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: Any worker exposed to raw sewage; 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; Over-size 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 theditch 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; Traffic lane closure, Certified.

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 types of mechanical drills without regard to the form of motive power; Toxic waste removal; Boring system electronic tracking locator

---------------------------------------------------------------- LABO0300-006 03/01/2021

Rates Fringes

Asbestos Removal Laborer.........$ 37.49 21.88

SCOPE OF WORK: Includes site mobilization, initial site cleanup, site preparation, removal of asbestos containing material and toxic waste (including lead abatement and any other toxic material), encapsulation, enclosure and disposal of asbestos containing materials and toxic waste(including lead abatement and any other toxic materials) by hand or with equipment or machinery; scaffolding, fabrication of temporary wooden barriers and assembly of decontamination stations.

---------------------------------------------------------------- LABO0300-007 07/01/2020

Residential, 3 Stories and under

Rates Fringes

Laborers (1) Cleanup, Fencing

9/22/21, 4:31 PM SAM.gov

https://sam.gov/wage-determination/CA20210017/12 19/35

(Chain Link or Wood), Landscaping.................$ 34.91 17.79 (2) All Other Work..........$ 35.91 17.79 ---------------------------------------------------------------- LABO0585-002 07/01/2019

Residential, 4 Stories

VENTURA COUNTY

Rates Fringes

LABORER GROUP 1.....................$ 35.24 20.09 GROUP 2.....................$ 35.79 20.09 GROUP 3.....................$ 36.34 20.09 GROUP 4.....................$ 37.89 20.09 GROUP 5.....................$ 38.24 20.09

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 and patching; post hole digger (manual);Railroad maintenance, repair track person and road beds;Streetcar and railroad construction track laborers; Rigging andsignaling; Scaler; Slip form raiser; Slurry seal crew (mixer operator, applicator operator, squeegee person, shuttle person, top person), filling of cracks by any method on any surface; 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: Asbestos abatement; 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, curb, 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 installation of all asphalt overlay fabric and materials used for reinforcing asphalt; Laborer, packing rod steel and pans; Membrane vapor barrier installer; Power broom sweeper (small); Riprap stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Sandblaster (pot tender); Septic tank digger and installer (lead); Tank scaler and cleaner; Tree climber, faller, chain saw operator, Pittsburgh chipper and similar type brush shredder; Underground laborer, including caisson bellower

GROUP 3: Buggymobile person; Concrete cutting torch; Concrete

9/22/21, 4:31 PM SAM.gov

https://sam.gov/wage-determination/CA20210017/12 20/35

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; operation of remote controlled robotic tools in connection with Laborer's work; Pipelayer's backup person, coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; Power post hole digger; 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: Any worker exposed to raw sewage; 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; Over-size 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 theditch 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; Traffic lane closure, Certified.

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 types of mechanical drills without regard to the form of motive power; Toxic waste removal; Boring system electronic tracking locator

---------------------------------------------------------------- LABO0585-004 07/01/2021

VENTURA COUNTY

Rates Fringes

Brick Tender.....................$ 35.82 20.45 ---------------------------------------------------------------- LABO0652-002 07/01/2019

9/22/21, 4:31 PM SAM.gov

https://sam.gov/wage-determination/CA20210017/12 21/35

Residential, 4 Stories

ORANGE COUNTY

Rates Fringes

LABORER GROUP 1.....................$ 35.24 20.09 GROUP 2.....................$ 35.79 20.09 GROUP 3.....................$ 36.34 20.09 GROUP 4.....................$ 37.89 20.09 GROUP 5.....................$ 38.24 20.09

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 and patching; post hole digger (manual);Railroad maintenance, repair track person and road beds;Streetcar and railroad construction track laborers; Rigging andsignaling; Scaler; Slip form raiser; Slurry seal crew (mixer operator, applicator operator, squeegee person, shuttle person, top person), filling of cracks by any method on any surface; 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: Asbestos abatement; 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, curb, 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 installation of all asphalt overlay fabric and materials used for reinforcing asphalt; Laborer, packing rod steel and pans; Membrane vapor barrier installer; Power broom sweeper (small); Riprap stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Sandblaster (pot tender); Septic tank digger and installer (lead); Tank scaler and cleaner; Tree climber, faller, chain saw operator, Pittsburgh chipper and similar type brush shredder; Underground laborer, including caisson bellower

GROUP 3: Buggymobile person; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or longer; Dri-pak-it machine; Gas, oil and/or water pipeline wrapper, 6-in. pipe and over, by any method, inside and out; High scaler (including drilling of same); Hydro seeder and similar type; Impact wrench multi-plate; Kettle person, pot person and workers applying asphalt, lay-kold,

9/22/21, 4:31 PM SAM.gov

https://sam.gov/wage-determination/CA20210017/12 22/35

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; operation of remote controlled robotic tools in connection with Laborer's work; Pipelayer's backup person, coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; Power post hole digger; 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: Any worker exposed to raw sewage; 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; Over-size 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 theditch 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; Traffic lane closure, Certified.

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 types of mechanical drills without regard to the form of motive power; Toxic waste removal; Boring system electronic tracking locator

---------------------------------------------------------------- LABO0652-004 07/01/2021

ORANGE COUNTY

Rates Fringes

Brick Tender.....................$ 35.82 20.45 ---------------------------------------------------------------- LABO0783-003 07/01/2019

Residential, 4 Stories

SAN BERNARDINO COUNTY

Rates Fringes

9/22/21, 4:31 PM SAM.gov

https://sam.gov/wage-determination/CA20210017/12 23/35

LABORER GROUP 1.....................$ 35.24 20.09 GROUP 2.....................$ 35.79 20.09 GROUP 3.....................$ 36.34 20.09 GROUP 4.....................$ 37.89 20.09 GROUP 5.....................$ 38.24 20.09

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 and patching; post hole digger (manual);Railroad maintenance, repair track person and road beds;Streetcar and railroad construction track laborers; Rigging andsignaling; Scaler; Slip form raiser; Slurry seal crew (mixer operator, applicator operator, squeegee person, shuttle person, top person), filling of cracks by any method on any surface; 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: Asbestos abatement; 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, curb, 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 installation of all asphalt overlay fabric and materials used for reinforcing asphalt; Laborer, packing rod steel and pans; Membrane vapor barrier installer; Power broom sweeper (small); Riprap stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Sandblaster (pot tender); Septic tank digger and installer (lead); Tank scaler and cleaner; Tree climber, faller, chain saw operator, Pittsburgh chipper and similar type brush shredder; Underground laborer, including caisson bellower

GROUP 3: Buggymobile person; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or longer; Dri-pak-it machine; Gas, oil and/or water pipeline wrapper, 6-in. pipe and over, by any method, inside and out; High scaler (including drilling of same); Hydro seeder and similar type; Impact wrench multi-plate; Kettle person, pot person and workers applying asphalt, lay-kold, creosote, lime caustic and similar type materials (""applying"" means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing); Operator of pneumatic, gas, electric tools, vibrating machine, pavement breaker, air blasting, come-alongs, and similar mechanical tools not separately classified herein;

9/22/21, 4:31 PM SAM.gov

https://sam.gov/wage-determination/CA20210017/12 24/35

operation of remote controlled robotic tools in connection with Laborer's work; Pipelayer's backup person, coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; Power post hole digger; 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: Any worker exposed to raw sewage; 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; Over-size 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 theditch 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; Traffic lane closure, Certified.

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 types of mechanical drills without regard to the form of motive power; Toxic waste removal; Boring system electronic tracking locator

---------------------------------------------------------------- LABO0783-006 07/01/2021

SAN BERNARDINO COUNTY

Rates Fringes

Brick Tender.....................$ 35.82 20.45 ---------------------------------------------------------------- LABO1184-001 07/01/2021

Rates Fringes

Laborers: (HORIZONTAL DIRECTIONAL DRILLING) (1) Drilling Crew Laborer...$ 38.89 17.10 (2) Vehicle Operator/Hauler.$ 39.06 17.10 (3) Horizontal Directional Drill Operator..............$ 40.91 17.10 (4) Electronic Tracking Locator.....................$ 42.91 17.10 Laborers: (STRIPING/SLURRY SEAL)

9/22/21, 4:31 PM SAM.gov

https://sam.gov/wage-determination/CA20210017/12 25/35

GROUP 1.....................$ 40.10 20.12 GROUP 2.....................$ 41.40 20.12 GROUP 3.....................$ 43.41 20.12 GROUP 4.....................$ 45.15 20.12

LABORERS - STRIPING CLASSIFICATIONS

GROUP 1: Protective coating, pavement sealing, including repair and filling of cracks by any method on any surface in parking lots, game courts and playgrounds; carstops; operation of all related machinery and equipment; equipment repair technician

GROUP 2: Traffic surface abrasive blaster; pot tender - removal of all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc.) and preparation of surface for coatings. Traffic control person: controlling and directing traffic through both conventional and moving lane closures; operation of all related machinery and equipment

GROUP 3: Traffic delineating device applicator: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating devices including traffic control. This category includes all traffic related surface preparation (sandblasting, waterblasting, grinding) as part of the application process. Traffic protective delineating system installer: removes, relocates, installs, permanently affixed roadside and parking delineation barricades, fencing, cable anchor, guard rail, reference signs, monument markers; operation of all related machinery and equipment; power broom sweeper

GROUP 4: Striper: layout and application of traffic stripes and markings; hot thermo plastic; tape traffic stripes and markings, including traffic control; operation of all related machinery and equipment

---------------------------------------------------------------- LABO1184-003 07/01/2019

Residential, 4 Stories

IMPERIAL AND RIVERSIDE COUNTIES

Rates Fringes

LABORER GROUP 1.....................$ 35.24 20.09 GROUP 2.....................$ 35.79 20.09 GROUP 3.....................$ 36.34 20.09 GROUP 4.....................$ 37.89 20.09 GROUP 5.....................$ 38.24 20.09

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

9/22/21, 4:31 PM SAM.gov

https://sam.gov/wage-determination/CA20210017/12 26/35

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 and patching; post hole digger (manual);Railroad maintenance, repair track person and road beds;Streetcar and railroad construction track laborers; Rigging andsignaling; Scaler; Slip form raiser; Slurry seal crew (mixer operator, applicator operator, squeegee person, shuttle person, top person), filling of cracks by any method on any surface; 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: Asbestos abatement; 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, curb, 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 installation of all asphalt overlay fabric and materials used for reinforcing asphalt; Laborer, packing rod steel and pans; Membrane vapor barrier installer; Power broom sweeper (small); Riprap stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Sandblaster (pot tender); Septic tank digger and installer (lead); Tank scaler and cleaner; Tree climber, faller, chain saw operator, Pittsburgh chipper and similar type brush shredder; Underground laborer, including caisson bellower

GROUP 3: Buggymobile person; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or longer; Dri-pak-it machine; Gas, oil and/or water pipeline wrapper, 6-in. pipe and over, by any method, inside and out; High scaler (including drilling of same); Hydro seeder and similar type; Impact wrench multi-plate; Kettle person, pot person and workers applying asphalt, lay-kold, creosote, lime caustic and similar type materials (""applying"" means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing); Operator of pneumatic, gas, electric tools, vibrating machine, pavement breaker, air blasting, come-alongs, and similar mechanical tools not separately classified herein; operation of remote controlled robotic tools in connection with Laborer's work; Pipelayer's backup person, coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; Power post hole digger; 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: Any worker exposed to raw sewage; 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;

9/22/21, 4:31 PM SAM.gov

https://sam.gov/wage-determination/CA20210017/12 27/35

Laborer, asphalt-rubber distributor boot person; Laser beam in connection with laborers' work; Over-size 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 theditch 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; Traffic lane closure, Certified.

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 types of mechanical drills without regard to the form of motive power; Toxic waste removal; Boring system electronic tracking locator

---------------------------------------------------------------- LABO1184-005 07/01/2021

IMPERIAL AND RIVERSIDE COUNTIES

Rates Fringes

Brick Tender.....................$ 35.82 20.45 ---------------------------------------------------------------- LABO1414-002 08/05/2020

Rates Fringes

Laborers: (1 to 3 Stories) Plaster Clean-Up Laborer....$ 34.03 21.01 Plaster Tender..............$ 36.58 21.01 Laborers: (4 Stories) Plaster Clean-up Laborer....$ 34.03 21.01 Plaster Tender..............$ 36.58 21.01

Work on a swing stage scaffold: $1.00 per hour additional.

Work at Military Bases - $3.00 additional per hour: Coronado Naval Amphibious Base, Fort Irwin, George AFB, Marine Corps Air Station-29 Palms, Imperial Beach Naval Air Station, Marine Corps Logistics Supply Base, Marine Corps Pickle Meadows, Mountain Warfare Training Center, Naval Air Facility-Seeley, North Island Naval Air Station, Vandenberg AFB.

---------------------------------------------------------------- PAIN0036-005 07/01/2019

Rates Fringes

PAINTER (including lead abatement) Imperial, Los Angeles, Orange, Riverside & San Bernardino

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(1) Repaint................$ 28.59 15.97 (2) All other work.........$ 32.12 16.09 (3) Journeyman & Industrial.................$ 34.02 16.49 San Luis Obispo, Santa Barbara & Ventura (1) Repaint................$ 25.40 15.87 (2) All other work.........$ 30.04 16.03 (3) Journeyman & Industrial.................$ 34.02 16.49 ---------------------------------------------------------------- PAIN0036-011 10/01/2020

IMPERIAL, LOS ANGELES, ORANGE, RIVERSIDE, SAN BERNARDINO, SAN LUIS OBISPO, SANTA BARBARA AND VENTURA COUNTIES

Rates Fringes

DRYWALL FINISHER/TAPER...........$ 27.11 17.51 ---------------------------------------------------------------- PAIN0036-014 10/01/2020

IMPERIAL

Rates Fringes

GLAZIER..........................$ 45.55 18.06 ---------------------------------------------------------------- PAIN0036-018 01/01/2020

LOS ANGELES, ORANGE, RIVERSIDE, SAN BERNARDINO, SANTA BARBARA AND VENTURA

Rates Fringes

GLAZIER..........................$ 43.45 23.39

FOOTNOTE: Additional $1.25 per hour for work in a condo, 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.

---------------------------------------------------------------- PAIN0036-020 01/01/2021

IMPERIAL

Rates Fringes

SOFT FLOOR LAYER.................$ 33.52 17.59 ---------------------------------------------------------------- PAIN0169-007 06/01/2020

SAN LUIS OBISPO

Rates Fringes

GLAZIER..........................$ 40.00 26.76 ---------------------------------------------------------------- PAIN1247-003 01/01/2021

LOS ANGELES, ORANGE, RIVERSIDE, SAN BERNARDINO, SAN LUIS OBISPO, SANTA BARBARA AND VENTURA

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Rates Fringes

SOFT FLOOR LAYER.................$ 38.75 14.03 ---------------------------------------------------------------- PLAS0200-002 08/04/2021

IMPERIAL, KERN, LOS ANGELES, ORANGE, RIVERSIDE, SAN BERNARDINO, SAN LUIS OBISPO, SANTA BARBARA AND VENTURA

Rates Fringes

PLASTERER 1 - 3 stories...............$ 42.74 18.39 4-stories...................$ 45.77 18.39 ---------------------------------------------------------------- PLAS0500-003 07/01/2020

Rates Fringes

CEMENT MASON/CONCRETE FINISHER...$ 38.50 25.91 ---------------------------------------------------------------- PLUM0016-011 09/01/2020

Rates Fringes

PLUMBER/PIPEFITTER Residential.................$ 41.62 20.63 ---------------------------------------------------------------- PLUM0250-001 09/04/2017

LOS ANGELES AND ORANGE

Rates Fringes

REFRIGERATION MECHANIC Refrigeration Fitter........$ 45.50 21.65 ---------------------------------------------------------------- PLUM0345-001 09/01/2020

Rates Fringes

PLUMBER Landscape/Irrigation Fitter.$ 35.30 24.10 Sewer & Storm Drain Work....$ 39.39 21.48 ---------------------------------------------------------------- ROOF0036-001 09/15/2020

LOS ANGELES, ORANGE, RIVERSIDE, SAN BERNARDINO, SAN LUIS OBISPO, SANTA BARBARA AND VENTURA

Rates Fringes

Roofer...........................$ 38.74 17.42

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.

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---------------------------------------------------------------- * ROOF0045-003 07/01/2021

IMPERIAL

Rates Fringes

Roofer...........................$ 37.75 10.24 ---------------------------------------------------------------- SFCA0669-005 01/01/2021

AREA 1: IMPERIAL COUNTY; LOS ANGELES COUNTY (does not include the city of Pomona, Catalina Island, and that part of Los Angeles County within 25 miles of the city limits of Los Angeles); ORANGE COUNTY (does not include Catalina Island; San Clemente Island; City of Santa Ana; and remainder of Orange County within 25 miles of the city limits of Los Angeles); RIVERSIDE COUNTY; AND SAN BERNARDINO COUNTY (does not include the northern part of City of Chino, or the cities of Montclair and Ontario)

AREA 2: SAN LUIS OBISPO, SANTA BARBARA COUNTIES, VENTURA (does not include Port Hueneme, Port Mugu, the city of Santa Paula, and that part of Ventura County within 25 miles of the city limits of Los Angeles) COUNTIES

Rates Fringes

SPRINKLER FITTER Area 1......................$ 39.83 26.23 Area 2......................$ 38.95 26.15 ---------------------------------------------------------------- SFCA0709-002 01/01/2021

LOS ANGELES COUNTY (the city of Pomona, Catalina Island, and that part of Los Angeles County within 25 miles of the city limits of Los Angeles); ORANGE COUNTY (San Clemente Island, the city of Santa Ana, and that part of Orange County within 25 miles of the city limits of Los Angeles); SAN BERNARDINO COUNTY (the northern part of the city of Chino, and the cities of Montclair and Ontario); VENTURA COUNTY (Port Hueneme, Port Mugu, the city of Santa Paula, and that part of Ventura County within 25 miles of the city limits of Los Angeles)

Rates Fringes

SPRINKLER FITTER.................$ 48.71 29.15 ---------------------------------------------------------------- SHEE0105-001 07/01/2021

AREA 1: LOS ANGELES COUNTY (South of a straight line drawn between gorman and Big Pines, excluding the area South of Imperial Highway East of the Los Angeles River, excluding the cities of Long Beach, Claremont, and Pomona, excluding Catalina Island)

AREA 2: LOS ANGELES (Remainder), ORANGE, RIVERSIDE & SAN BERNARDINO COUNTIES

Work on general sheet metal and heating and air conditioning on single family dwellings, multiple family dwellings, track homes and apartment buildings individually conditioned by separate and independent units or systems

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Rates Fringes

SHEET METAL WORKER AREA 1......................$ 30.14 10.74 AREA 2......................$ 29.54 19.09 ---------------------------------------------------------------- SHEE0206-003 07/01/2020

IMPERIAL

Rates Fringes

Sheet Metal (TECHNICIAN).........$ 30.51 9.49 SHEET METAL WORKER...............$ 40.62 29.55

SHEET METAL TECHNICIAN - SCOPE: a. Existing residential buildings, both single and multi-family, where each unit is heated and/or cooled by a separate system b. New single family residential buildings including tracts. c. New multi-family residential buildings, not exceeding five stories of living space in height, provided each unit is heated or cooled by a separate system. Hotels and motels are excluded. d. LIGHT COMMERCIAL WORK: Any sheet metal, heating and air conditioning work performed on a project where the total construction cost, excluding land, is under $1,000,000 e. TENANT IMPROVEMENT WORK: Any work necessary to finish interior spaces to conform to the occupants of commercial buildings, after completion of the building shell

---------------------------------------------------------------- SHEE0273-001 08/01/2020

SAN LUIS OBISPO, SANTA BARBARA AND VENTURA

Rates Fringes

SHEET METAL WORKER...............$ 46.87 31.15

HOLIDAYS: New Year's Day, Martin Luther King Day, President's Day, Good Friday, Memorial Day, Indepdendence Day, Labor Day, Veterans Day,Thankisgiving Day & Friday after, Christmas Day

---------------------------------------------------------------- TEAM0011-001 07/01/2020

Rates Fringes

Truck drivers: GROUP 1....................$ 32.59 30.59 GROUP 2....................$ 32.74 30.59 GROUP 3....................$ 32.87 30.59 GROUP 4....................$ 33.06 30.59 GROUP 5....................$ 33.09 30.59 GROUP 6....................$ 33.12 30.59 GROUP 7....................$ 33.37 30.59 GROUP 8....................$ 33.62 30.59 GROUP 9....................$ 33.82 30.59 GROUP 10....................$ 33.12 30.59 GROUP 11....................$ 34.62 30.59 GROUP 12....................$ 35.05 30.59

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WORK ON ALL MILITARY BASES - $3.00 PER HOUR ADDITIONAL: [29 palms Marine Base, Camp Roberts, China Lake, Edwards AFB, El Centro Naval Facility, Fort Irwin, George AFB, Marine Corps Logistics Base at Nebo & Yermo, Mountain Warfare Training Center, Bridgeport, Point Arguello, Point Conception, Vandenberg AFB]

TRUCK DRIVERS CLASSIFICATIONS

GROUP 1: Truck driver

GROUP 2: Driver of vehicle or combination of vehicles - 2 axles; Traffic control pilot car excluding moving heavy equipment permit load; Truck mounted broom

GROUP 3: Driver of vehicle or combination of vehicles - 3 axles; Boot person; Cement mason distribution truck; Fuel truck driver; Water truck - 2 axle; Dump truck, less than 16 yds. water level; Erosion control driver

GROUP 4: Driver of transit mix truck, under 3 yds.; Dumpcrete truck, less than 6-1/2 yds. water level

GROUP 5: Water truck, 3 or more axles; Truck greaser and tire person ($0.50 additional for tire person); Pipeline and utility working truck driver, including winch truck and plastic fusion, limited to pipeline and utility work; Slurry truck driver

GROUP 6: Transit mix truck, 3 yds. or more; Dumpcrete truck, 6-1/2 yds. water level and over; Vehicle or combination of vehicles - 4 or more axles; Oil spreader truck; Dump truck, 16 yds. to 25 yds. water level

GROUP 7: A Frame, Swedish crane or similar; Forklift driver; Ross carrier driver

GROUP 8: Dump truck, 25 yds. to 49 yds. water level; Truck repair person; Water pull - single engine; Welder

GROUP 9: Truck repair person/welder; Low bed driver, 9 axles or over

GROUP 10: Dump truck - 50 yds. or more water level; Water pull - single engine with attachment

GROUP 11: Water pull - twin engine; Water pull - twin engine with attachments; Winch truck driver - $1.25 additional when operating winch or similar special attachments

GROUP 12: Boom Truck 17K and above

----------------------------------------------------------------

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

================================================================ Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide

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employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).

----------------------------------------------------------------

The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers

Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the

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wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.

----------------------------------------------------------------

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour 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

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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"

SECTION C SCOPE OF WORK

CITY OF VICTORVILLE CC22-045 WESTWINDS ACTIVITY AND SPORTS CENTER RE-ROOFING PROJECT

SECTION C – SCOPE

INTRODUCTION Prior to this Request for Bid, the City publicly requested information regarding roofing material specifications from roofing contractors/manufacturers. All product submissions were presented to a panel for review. The selection committee consisted of representatives from Community Services, Development, Engineering, Fi-nance/Purchasing and Airport Operations. After attentive evaluation, the City is confident in choosing the attached Roofing Material Specification for this project. ROOFING - SCOPE OF WORK Project: Westwinds Activity and Sports Center Existing Roof Type: 1 built-up roof Location Addresses: Westwinds Activity Center – 18040 George Blvd., Victorville, CA 92392 Westwinds Sports Center – 18241 George Blvd., Victorville, CA 92392 Product - WeatherWeld Roofing System or Equal Physical Characteristics

• Thickness: 240 mil (1/4”) • Tensile Strength: 300 lbs. per inch width • Elongation: 10% • Fire Rating: UL Class A, FM 4470 • Application Type: Seamless • Product odor: None • VOC: None • Note: System uses water-based materials and contain 0 VOC’S

Installation Impact of daily operations: System shall be water-based and ambient temperature applied with low noise. Application shall be completed while building is occupied, and operations can function normally without interruption. Vehicles and equipment can be staged up to 200’ away from building if needed to minimize traffic and parking restrictions. Pre-inspection: Preconstruction and contractor coordination meetings with the Owner’s representative are included in tech-nical services for the project. Preparation:

• Tear off existing roof where ponding is occurring • Existing roof is left in place in areas not affected by ponding • Replace damaged plywood as needed • Install sheet metal flashing, including edge metal and flashing as required • Correct ponding by using tapered insulation

Application: • Install seamless roofing system. Install the fiberglass-reinforced membrane from the top of the wall

to the bottom of the drain, creating a fully seamless roof. • Install Title 24 reflective coating system (water-based primer and top coat)

Warranty

• Duration: 30-year NDL • Inclusions: Full coverage, leak-free for the life of the warranty • Exclusions: Minimal, acts of God • Manufacturer Responsibilities: Ensure roof is leak-free for the life of warranty

ABATEMENT - SCOPE OF WORK • Abate identified asbestos and lead per testing documentation provided. • The awarded contractor is required to adhere to California Regulations, Title 8, subchapter 4 con-

struction safety orders, article 4 dusts, fumes, mists, vapors, and gases, section 1529- Asbestos.

SECTION D PROPOSAL AND FORMS

CITY OF VICTORVILLE CC22-045 WESTWINDS ACTIVITY AND SPORTS CENTER RE-ROOFING PROJECT

SUBMISSION CERTIFICATION

I hereby submit to the City of Victorville the following bid proposal for work outlined in plans and specifications entitled "WESTWINDS ACTIVITY AND SPORTS CENTER RE-ROOFING PROJECT”, PROJECT CC22-045. All of the following documents (check below) are completed, fully executed, and included in my bid as required in the bid document: Submission Certification Proposal Proposal Instruction Bid Proposal Form Proposer Identification Customer References PCC Statement 10285.1 PCC Statement 10232 Worker’s Compensation Certificate Signature Authorization List of Subcontractors Questionnaire Bidder’s Bond Non-Collusion Declaration Senate Bill 854 Debarred Certification ____ Acknowledgement Pages for all applicable Bid Addenda My signature on this Submittal Certification is affirmation that all items listed above are fully completed and executed and are hereby submitted with the proposal as required. I understand that failure to complete and/or submit any of the required documents may be cause for rejection of my bid proposal. ____ Business Name

Authorized Signature Printed Name and Title

Date Signed Telephone Number

CITY OF VICTORVILLE CC22-045 WESTWINDS ACTIVITY AND SPORTS CENTER RE-ROOFING PROJECT

PROPOSAL

IT IS UNDERSTOOD AND AGREED THAT:

1. The undersigned has carefully examined all the contract documents which will form a part of the contract; namely, Notice Inviting Bids, Special Instructions, the Proposal, the Bid Proposal Forms, the List of Subcontractors, the Contract, the Faithful Performance Bond, the Payment Bond, the Non-Collusion Affidavit, and all additions, deletions, modifications and appendices and all addenda as prepared prior to the date of bid opening setting forth any modifications or interpretations of any of said documents.

2. The undersigned has by investigation at the site of the work is otherwise satisfied as to

the nature and location of the work and is fully informed of all conditions and matters which can in any way affect the work or the cost thereof.

3. The undersigned fully understands the scope of the work and has checked carefully all works and

figures inserted in this proposal and he further understands the Owner will in no way be responsible for any errors or omissions in the preparation of this Proposal.

4. The undersigned will execute the Contract and furnish the required Performance and Payment Bonds

and proof of insurance coverage within ten (10) days (not including Sundays and holidays) after notice of acceptance of the bid by the Owner; further, this bid may not be withdrawn for a period of forty five (45) days after date set for opening thereof, unless otherwise required by law. If any bidder shall withdraw their bid within said period, the bidder shall be liable under the Bidder's Bond(s), as the case may be.

The undersigned hereby certifies that this Proposal is genuine and not sham or collusive or made in the

interest or in behalf of any person not herein named, and the undersigned has not directly or indirectly in-duced or solicited any other bidder to put in a sham bid, or any other person, firm or corporation to refrain

City of Victorville, 14343 Civic Drive, Victorville, CA 92392

Bids are required for the entire work, and the City reserves the right to select or reject any or all bids. The undersigned hereby proposes to perform all work for which a contract may be awarded him and to furnish any and all labor, services, materials, tools, equipment, supplies, transportation, utilities, and all other items and facilities necessary therefore as provided in the contract documents, and to do everything required therein for:

CC22-045 WESTWINDS ACTIVITY AND SPORTS CENTER RE-ROOFING PROJECT

As specifically set forth in documents entitled: “WESTWINDS ACTIVITY AND SPORTS CENTER RE-ROOFING, Project CC22-045” together with appurtenances thereto, all as set forth on the drawings and in the specifications and other contract documents; and he further proposes and agrees that, if this Proposal is accepted, he will contract in the form and manner stipulated to perform all the work called for by drawings, specifications, and other contract documents, and to complete all such work in strict conformity therewith within the time limits set forth therein, and that he will accept as full payment therefore the prices set forth in the Bid Proposal Form forming a part hereof. ( ) Cashier's Check ( ) Certified Check ( ) Bid Bond(s) properly made payable to the City of Victorville, hereinafter designated as the Owner, for the sum of ___________________________________ Dollars, ($_______________), which amount is not less than ten percent (10%) of the total amount of the larger bid is attached hereto and is given as a guarantee that the undersigned will execute the Agreement and furnish

the required bonds if awarded the contract and, in case of failure to do so within the time provided, said funds shall be forfeited to the Owner, of Surety's liability to the Owner for forfeiture of the amount of the Bond shall be considered as established.

5. From bidding, the undersigned has not in any manner sought by collusion to secure for themselves an advantage over any other bidder.

6. If this proposal shall be accepted and the undersigned shall fail to contract as aforesaid and to give

the two bonds in the sums of the proposed contract amount, with surety satisfaction to the City of Victorville within ten (10) days, not including Sundays and legal holidays, after award of the contract by the City Council, the City of Victorville, may, at its option, determine that the bidder has abandoned the contract, and thereupon this Proposal and the acceptance thereof shall be null and void and the forfeiture of such security accompanying this Proposal shall operate and the same shall be the prop-erty of the City of Victorville.

NOW, in compliance with Notice Inviting Bids, and all the provisions herein before stipulated, the under-signed, with full cognizance thereof, hereby proposes to perform the entire work for the prices set forth in the attached Bid Proposal upon which award of contract is made. DATED_____________ this___________________ day of ________________,_______ BIDDER: ________________________________________________________________ BY: ___________________________________________ TITLE: ___________________ (Please print name) Names and addresses of all members Bidder's Business Address of the firm or names and titles of ____________________________________ all officers to the corporation: ____________________________________ ____________________________________ City State Zip ____________________________________ Bidder's Telephone Number ____________________________________ ____________________________________ (Area Code) Number ____________________________________ Corporation organized under the laws of the State of:_____________________________ (Corporate Seal) Federal ID No.:_______________________ Representations made herein are Surety or Sureties: ___________________ made under penalty of perjury.

CITY OF VICTORVILLE CC22-045 WESTWINDS ACTIVITY AND SPORTS CENTER RE-ROOFING PROJECT

PROPOSAL INSTRUCTION

Bids are required for the entire work. The amount of the bid for comparison purposes will be the total of all items. The bidder shall set forth for each item of work, in clearly printed figures, the unit price and total for the line item in the respective spaces provided for this purpose. In the case of unit basis items, the amount set forth under the "Total" column shall be the product of the unit price bid and the estimated quantity for the item. In case of discrepancy between the unit price and the total set forth for a unit basis item, the unit price shall prevail, except as provided in (a) or (b), as follows:

(a) If the amount set forth as a unit price is unreadable or otherwise unclear, or is omitted, or is the same amount as the entry in the item total column, then the amount set forth in the item total column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price;

(b) (Decimal Errors) If the product of the entered unit price and the estimated quantity is exactly off by a factor of ten, one hundred, etc., or one-tenth, or one-hundredth, etc. from the entered total, the discrepancy will be resolved by using the entered unit price or item total, whichever most closely approximates percentage-wise the unit price or item total in the City’s Final Estimate of cost.

If both the unit price and the item total are unreadable or otherwise unclear, or are omitted, the bid may be deemed irregular. Likewise if the item total for a lump sum item is unreadable or otherwise unclear, or is omitted, the bid may be deemed irregular unless the project being bid has only a single item and a clear, readable total bid is provided. Symbols such as commas and dollar signs will be ignored and have no mathematical significance in establish-ing any unit price or item total or lump sums. Written unit prices, item totals and lump sums will be interpreted according to the number of digits and, if applicable, decimal placement. Cents symbols also have no signifi-cance in establishing any unit price or item total since all figures are assumed to be expressed in dollars and/or decimal fractions of a dollar. Bids on lump sum items shall be item totals only; if any unit price for a lump sum item is included in a bid and it differs from the item total, the items total shall prevail. The foregoing provisions for the resolution of specific irregularities cannot be so comprehensive as to cover every omission, inconsistency, error, or other irregularity, which may occur in a bid. Any situation not specifi-cally provided for will be determined in the discretion of the City, and that discretion will be exercised in the manner deemed by the City to best protect the public interest in the prompt and economical completion of the work. The decision of the City with respect to the amount of a bid, or the existence or treatment of an irregularity in a bid, shall be final. If this Proposal shall be accepted and the undersigned shall fail to contract as aforesaid and to give the two (2) bonds in the sums to be determined, with surety satisfactory to the City of Victorville within ten (10) days, not including Sundays and legal holidays, after award of the Contract by the City of Victorville may, at its option, determine the bidder has abandoned the Contract, and thereupon this Proposal and the acceptance thereof shall be null and void and the forfeiture of such security accompanying this Proposal shall operate and the same shall be the property of the City of Victorville.

____________ (INITIAL)

CITY OF VICTORVILLE

CC22-045 WESTWINDS ACTIVITY AND SPORTS CENTER RE-ROOFING PROJECT

BID PROPOSAL FORM

The undersigned declares that the locations of the proposed work, the plans, specifications, and contract documents have been carefully examined; and being familiar with all of the conditions surrounding the work, including the availability of materials and labor, the undersigned hereby proposes to furnish all labor, materials, tools, equipment, and incidentals, to complete all the work. All applicable taxes and discounts should be included. All of the aforementioned shall be done in accordance with said plans, specifications, and contract documents for the price set forth in the following schedule. The City of Victorville reserves the right to reject any and all bids and waive any irregularities or informalities in any bid or in the bidding. The City of Victorville further reserves the right to award the Contract to other than the lowest bidder if such action is deemed to be in the best interest of the City, and the right to split the order if such action is deemed to be in the best interest of the City.

Item #

Description Total Amount

ACTIVITY CENTER – 18040 George Blvd., Victorville, CA 92394 Asbestos and lead abatement of identified areas testing positive, that will be disturbed during construction. Installation costs as shown in the specs and plans shall include but are not limited to labor, materials, tools, finishing, transportation, and incidentals required for the proper completion of the work.

$

SPORTS CENTER – 18241 George Blvd., Victorville, CA 92394 Asbestos and lead abatement of identified areas testing positive, that will be disturbed during construction. Installation costs as shown in the specs and plans shall include but are not limited to labor, materials, tools, finishing, transportation, and incidentals required for the proper completion of the work.

TOTAL BID

$

*Total cost shall include all reviews and submittals until plans have been approved and ready for permit issuance. *Applicant shall pay all permits plan review fees.

GRAND TOTAL IN WORDS ____________________________________________ BIDDER:_________________________________________________________________ Address:__________________________ ___________________ ______ ___________ Mailing Address City State Zip Code

PHONE:______________________________ FAX:_____________________________________ EMAIL:________________________________________________________________________ Signature____________________________________________ Date ____________________ Name Printed Title

CITY OF VICTORVILLE

CC22-045 WESTWINDS ACTIVITY AND SPORTS CENTER RE-ROOFING PROJECT

PROPOSER IDENTIFICATION 1. Legal name of Proposer: ____________________________________________ 2. Street Address: ____________________________________________________ 3. Mailing Address: ___________________________________________________ 4. Business Telephone: ________________________________________________ 5. Facsimile Telephone: ____________________________________ 6. Email Address: _________________________________________ 7. Type of Business: ________________________________________ Sole Proprietor Partnership Corporation Other: __________ If corporation, indicate State where incorporated: __________________________

8. Business License number issued by the City where the Proposer’s principal place of business is located.

Number: Issuing City: ____________________________________ 9. Federal Tax Identification Number: ___________________________________________ 10. Contractors License number and expiration date: ________________________________ 11. DIR Registration Number and expiration date: ___________________________________ 12. Proposer's Project Manager: ________________________________________________ 13. Bidder’s Name and Title of authorized to sign legal documents: __________________________

CITY OF VICTORVILLE

CC22-045 WESTWINDS ACTIVITY AND SPORTS CENTER RE-ROOFING PROJECT

CUSTOMER REFERENCES

Bidder: ___________________________________________________________________

LIST A MINIMUM OF THREE AGENCIES YOU HAVE DONE BUSINESS WITH WITHIN THE LAST FIVE YEARS 1. Name of Agency

Address:

Contact Person Name:

Contact Person Phone:

Contact Fax No.:

Contact Email address:

Project Completion Date:

Project Description:

2. Name of Agency

Address:

Contact Person Name:

Contact Person Phone:

Contact Fax No.:

Contact Email address:

Project Completion Date:

Project Description:

3. Name of Agency

Address:

Contact Person Name:

Contact Person Phone:

Contact Fax No.:

Contact Email address:

Project Completion Date

Project Description:

CITY OF VICTORVILLE

CC22-045 WESTWINDS ACTIVITY AND SPORTS CENTER RE-ROOFING PROJECT

PCC STATEMENT 10285.1

(THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PRO-POSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A PART OF THIS PROPOSAL)

PCC SECTION 10285.1 STATEMENT

In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has____, has not ____ been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or per-formance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the Uni-versity of California or the Trustees of the California State University. The term "bidder" is under-stood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1.

Note: The bidder must place a checkmark after "has" or "has not" in one of the blank spaces pro-vided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

BIDDER’S SIGNATURE

CITY OF VICTORVILLE

CC22-045 WESTWINDS ACTIVITY AND SPORTS CENTER RE-ROOFING PROJECT

PCC SECTION10232 STATEMENT In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two-year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board.

Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

BIDDER’S SIGNATURE

CITY OF VICTORVILLE CC22-045 WESTWINDS ACTIVITY AND SPORTS CENTER RE-ROOFING PROJECT

WORKERS' COMPENSATION CERTIFICATE

The Proposer shall execute the following form as required by the California Labor Code, Sections 1860 and 1861: I am aware of the provisions of Section 3700 of the California Labor Code which require every

employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and on behalf of my firm, I will comply with such provisions before commencing the performance of the services of any contract entered into.

________________________________ ____________________________________ Signature Company Name _________________________________ ____________________________________ Printed Name Business License Number _________________________________ ____________________________________ Title Date

CITY OF VICTORVILLE CC22-045 WESTWINDS ACTIVITY AND SPORTS CENTER RE-ROOFING PROJECT

SIGNATURE AUTHORIZATION

Proposer/Bidder:______________________________________________________________

A. I hereby certify that I have the authority to offer this proposal/bid to the City of Victorville for the above listed individual or company. I certify that I have the authority to bind myself/this company in a contract should I be successful in my proposal/bid.

_____________________________ SIGNATURE

B. The following information relates to the legal Contractor listed above, whether an individual or a

company. Place check marks as appropriate:

1. If successful, the contract language should refer to me as:

_____An Individual

_____A Partnership, Partners’ names:

_____A Company

_____A Corporation

2. My tax identification number is: ________________________________ (For individuals, this number is usually the Social Security Number)

3. ____I am a certified small business and Small Business Preference is applicable to this pro-posal/bid. A copy of my certification from the Office of Small and Minority Business is attached.

_____I have recently filed for Small Business Preference but have not yet received certi-

fication. _____I am not a Small Business.

4. _____My business is owned by a minority whose ethnicity is: _____________ _____My business is owned by a woman. _____My business is owned by a disabled veteran.

CITY OF VICTORVILLE

CC22-045 WESTWINDS ACTIVITY AND SPORTS CENTER RE-ROOFING PROJECT SUBCONTRACTORS

The bidder is required to furnish the following information in accordance with the provisions of Section 4100 to 4113, inclusive, of the Government code of the State of California. The contractor shall perform with its own organization contract work amounting to not less than fifty percent (50%) of the total original contract price, excluding any specialty items designated by the City. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the amount of work required to be performed by the contractor’s own organization. Bidder’s Name____________________________________________ Name Subcontractor is licensed under: _______________________________________ License Number and Classification: __________________________________________ Address of Subcontractor: _________________________________________________ Percent (%) of Total Contract: __________________________% Specific Description of Subcontract: __________________________________________ DIR Registration number:___________________________________________________ Name Subcontractor is licensed under: _______________________________________ License Number and Classification: __________________________________________ Address of Subcontractor: _________________________________________________ Percent (%) of Total Contract: __________________________% Specific Description of Subcontract: __________________________________________ DIR Registration Number:__________________________________________________ Name Subcontractor is licensed under: _______________________________________ License Number and Classification: __________________________________________ Address of Subcontractor: _________________________________________________ Percent (%) of Total Contract: __________________________% Specific Description of Subcontract: __________________________________________ DIR Registration Number:__________________________________________________

TOTAL PERCENTAGE SUBCONTRACTED: ______________________

CITY OF VICTORVILLE CC22-045 WESTWINDS ACTIVITY AND SPORTS CENTER RE-ROOFING PROJECT

QUESTIONNAIRE

In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire:

QUESTIONNAIRE Has the Bidder, any officer of the Bidder, or any employee of the Bidder who has a proprietary interest in the Bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state or local government project because of a violation of law or a safety regulation? Yes______ No______ If the answer is yes, explain the circumstances in the following space:

CITY OF VICTORVILLE

CC22-045 WESTWINDS ACTIVITY AND SPORTS CENTER RE-ROOFING PROJECT BIDDER'S BOND

TO ACCOMPANY BID PROPOSAL FORM KNOW ALL MEN BY THESE PRESENTS, THAT WE, _________________________________________________, as Principal, and ________________________________, as Surety, are held and firmly bound unto the City of Victorville in the sum of TEN PERCENT (10%) of the total amount of the bid of the Principal, to be paid to the City, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assignees, jointly and severally, firmly by these presents. In no case shall the liability of the Surety hereunder exceed the sum of $___________. THE CONDITION OF THIS OBLIGATION IS SUCH, THAT, WHEREAS the Principal has submitted a bid to the City of Victorville for the certain construction, for which bids are to be opened by the Office of the City Clerk of the City of Victorville on OCTOBER 25, 2021 2:30 p.m., PST, as shown in Plans entitled: SPECIFICATIONS, PROPOSAL AND CONTRACT, CITY OF VICTORVILLE

“CC22-045 WESTWINDS ACTIVITY AND SPORTS CENTER RE-ROOFING PROJECT” NOW, THEREFORE, if the aforesaid Principal is awarded the contract, and within the time and manner required under the said Specifications, enters into a written contract, in the prescribed form, in accordance with the bid and files the two required bonds with the City of Victorville, one to guarantee faithful performance and the other to guarantee payment for labor and materials as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force and virtue. In the event suit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fee to be fixed by the Court. Accompanying this Proposal is ( ) $ ___________________ Cash, ( ) Cashier's Check, ( ) Certified Check, ( ) Bidder's Bond in the amount equal to at least ten percent (10%) of the total of the larger bid. The UNDERSIGNED further agrees that in case of default in executing the required contract together with the necessary bonds within the period of time provided by the Proposal Requirements, the proceeds of the security accompanying this bid shall become the property of the City of Victorville, California, and this proposal and the acceptance thereof may be considered null and void.

Principal is licensed in the State of California in accordance with and act providing for the registration of Contractors, License No. _______________. NOTE: Signature of the party executing for the Surety must be properly acknowledged. PRINCIPAL SURETY ________________________________ ______________________________ ________________________________ ______________________________ (Seal) Note: Signature of the party executing for this Surety must be properly acknowledged.

CITY OF VICTORVILLE CC22-045 WESTWINDS ACTIVITY AND SPORTS CENTER RE-ROOFING PROJECT

NON-COLLUSION DECLARATION

TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID

(Public Contract Code Section 7106)

The undersigned declares: I am the ________________ of ______________________, the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, commu-nication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on _______ [date], at _______________ [city], ______________________[state]. ___________________________ _________________________________________ Signature Company Name

_________________________ _________________________________________ Printed Name Title

CITY OF VICTORVILLE CC22-045 WESTWINDS ACTIVITY AND SPORTS CENTER RE-ROOFING PROJECT

SENATE BILL 854

(http://www.dir.ca.gov/Public-Works/PublicWorks.html) Senate Bill 854 signed into law on June 20, 2014, became effective immediately. It established a new pub-lic works Contractor registration program which will collect fees to fund compliance monitoring and enforce-ment, determine prevailing wage and public works coverage, and hear enforcement appeals. All Contractors and subcontractors intending to bid or perform work on public works projects will be re-quired to register, and annually renew, online for the program. This is a Department of Industrial Relations (DIR) fee paid to the State of California. The City will not register a Contractor/subcontractor, nor collect funds for registration. Starting July 1, 2017 the new annual registration fees for public works contractors have increased to $400.00, and contractors on small projects are exempt from public works registration and electronic certi-fied payroll reporting requirements. Subcontractor Eligibility. Contractor acknowledges that under Public Contract Code Section 6109 no con-tractor or subcontractor who is ineligible to bid or work on, or be awarded, a public works project under La-bor Code Section 1777.1 or 1777.7 may bid on, be awarded, or perform work as a subcontractor on, a pub-lic works project. Contractor is prohibited from performing work on a public works project with a subcontrac-tor who is ineligible to perform work on the public works project under Labor Code Section 1777.1 or 1777.7 Small Project Exemption: Contractors who work exclusively on small public work projects are not required to register as a public works or file electronic certified payroll reports for those projects. Contractors are still required to maintain certified payroll records on a continuous basis, and provide them to the Labor Commissioner’s Office upon request. The small project exemption applies for public works projects that do not exceed:

• $25,000 new construction, alteration, installation, demolition, or repair • $15,000 for maintenance

The City as applicable will be required to fill out a form alerting the DIR of the services you are providing the City. Detailed information is required to complete this form. You may be asked to provide information needed to complete the DIR form. You will be asked to complete this in a timely manner to avoid interrup-tion in the services you are providing. Are you currently registered with the DIR? Yes____ No____ If yes, what is your registration number? ________________ (please submit proof of your registration) Bidder:______________________________ Federal I.D. No: __________________________ Address: ______________________________________________________________________ Phone:____________________Fax:____________________Email: ______________________ Signature: ______________________________________________Date: __________________ Name Printed: ___________________________________Title: __________________________

CITY OF VICTORVILLE

CC22-045 WESTWINDS ACTIVITY AND SPORTS CENTER RE-ROOFING PROJECT

DEBARRED CERTIFICATION ACKNOWLEDGEMENT

(a)(1) The Offeror/Bidder certifies, to the best of its knowledge and belief, that— (i) The Offeror/Bidder and/or any of its Principals—

(A) Are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have not, within a three-year period preceding this solicitation, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of bids; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property;

(C) Are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

(ii) The Offeror/Bidder has not, within a three-year period preceding this offer, had one or more con-tracts terminated for default by any Federal agency.

(2) “Principal,” for the purposes of this certification, means an officer, director, owner, partner, or a per-son having primary management or supervisory responsibilities within a business entity (e.g., general man-ager; plant manager; head of a division or business segment; and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code. (b) The Offeror/Bidder shall provide immediate written notice to the City if, at any time prior to contract

award, the Offeror/Bidder learns that its certification was erroneous when submitted or has become errone-ous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror’s/Bidder’s responsibility. Failure of the Offeror/Bidder to furnish a certifi-cation or provide such additional information as requested by the City may render the Offeror/Bidder nonre-sponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror/Bidder is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reli-ance was placed when making award. If it is later determined that the Offeror/Bidder knowingly rendered an erroneous certification, in addition to other remedies available to the City, the City may terminate the contract resulting from this solicitation for default. The Offeror/Bidder certifies that the foregoing is true and correct:

Offeror/Bidder: _______________________________Federal I.D. No:________________ Address:________________________________________________________________ Phone:____________________Fax:____________________Email:_________________ Signature:_________________________________________Date:__________________

Name Printed: _____________________________________Title

SECTION E SAMPLE CONTRACT AGREEMENT

FAITHFUL PERFORMANCE BOND PAYMENT BOND

GUARANTY CONSTRUCTION/DEMOLITION WASTE

RECYCLING PLAN (CDWRP) DAS 140 - 142

14

SAMPLE AGREEMENT ONLY. AGREEMENT WILL BE MODIFIED TO REFLECT THE AC-TUAL ASSOCIATED STIPULATIONS INDICATED IN THE SPECIAL PROVISIONS AND OTHER APPLICABLE CONTRACT DOCUMENTS.

SAMPLE CONSTRUCTION AGREEMENT BY AND BETWEEN

THE CITY OF VICTORVILLE AND

CONTRACTOR NAME FOR

PROJECT TITLE AND PROJECT NUMBER

THIS CONSTRUCTION AGREEMENT (the “Agreement”) is made and entered into by and between the City of Victorville, a municipal corporation located in the County of San Bernar-dino, State of California, hereinafter referred to as the “City”, and CONTRACTOR NAME, FORM OF BUSINESS (CORPORATION, GENERAL CONTRACTOR, ETC.) hereinafter referred to as the “Contractor”. The City and the Contractor are sometimes hereinafter referred to as a “Party” and collectively referred to as the “Parties.”

RECITALS: WHEREAS, the City requires PROJECT TITLE AND PROJECT NUMBER (the Project); and WHEREAS, in light of the facts set forth above, the City desires to retain Contractor in connection with PROJECT TITLE; and NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS, AND PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES HERETO AGREE AS FOLLOWS: Section 1. RECITALS The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth herein. Section 2. TERM OF AGREEMENT This Agreement shall commence within NUMBER (QTY) OF CALENDAR DAYS after issu-ance of Notice to Proceed (the “Commencement Date”) and shall terminate upon completion of the Project NUMBER (QTY) OF CALENDAR DAYS after Commencement Date (the “Termination Date”), unless sooner terminated in accordance with the provisions of this Agreement (the “Term”). From and after the Termination Date, and upon subsequent agreement by the Parties, this Agreement may continue on a month-to-month basis until terminated pursuant to Section 3 below. Section 3. TERMINATION OR SUSPENSION a. This Agreement may be terminated or suspended without cause by either Party at any time, provided that the Party initiating the termination provides the other Party at least thirty (30) days advance written notice of such termination or suspension. In the event of such termination, the City shall only be liable for payment under the payment provisions of this Agreement for satis-factory work rendered or supplies actually furnished prior to the effective date of termination.

b. This Agreement may be terminated or suspended with cause by either Party at any time, provided that the Party initiating termination provides the other Party at least ten (10) days advance written notice of such termination or suspension. In the event of such termination, the City shall only be liable for payment under the payment provisions of this Agreement for satisfactory work rendered or supplies actually furnished prior to the effective date of termination.

Section 4. CONTRACT DOCUMENTS; PRIORITY a. Contract Documents. The Contract Documents consist of the following documents,

all of which are either attached hereto as exhibits or are incorporated herein by this reference. Said Contact Documents are intended to be correlative and constitute Contractor’s performance obligations:

1. This Agreement. 2. Exhibits A & B. 3. Notice Inviting Bids for the Project. 4. Specifications for the Project. 5. Special Provisions. 6. Accepted Proposal. 7. Non-Collusion Affidavit. 8. Guaranty.

b. Interpretation. In the event of any conflict between any of the Contract Documents,

the document highest in the order of precedence (from highest to lowest), as set forth in Subsection 4.a above shall control. Section 5. CONTRACTOR’S OBLIGATIONS Contractor shall complete the Project as specifically set forth in the Contract Documents. Contractor shall furnish, at its own cost and expense, all labor, services, material, tools, equipment, supplies, transportation, and any other items and facilities necessary therefore, as provided in the Contract Documents. Section 6. COMPENSATION The Contractor agrees to receive and accept the following amount, not to exceed SPELL OUT DOLLAR AMOUNT and 00/100 Dollars ($000.00), as full compensation for furnishing; all materials, doing all the work contemplated and embraced in this contract, all loss or damage arising out of the nature of the work aforesaid, the action of the elements, any unforeseen difficulties or obstructions which may arise or be encountered in the execution of the work until its acceptance by the City, and for all risks of every description connected with the work, all expenses incurred by or in consequence of the suspension or discontinuance of work well and faithfully completing the whole work, thereof, according to the requirements of the agreement documents and to the satisfaction of INSERT DEPT. HEAD NAME AND TITLE, or his designee, to wit: See Exhibit “A”, Scope of Work. Section 7. BID PROPOSAL FORMS The City shall pay Contractor as provided in the Bid Proposal Forms, attached hereto as Exhibit “B”, and incorporated herein by this reference as though set forth in full, subject to approval of the City, when applicable.

Section 8. PREVAILING WAGES

a. Compliance with State and Federal Wage Requirements. As a federally funded Pro-ject, the work called for in this Contract must be carried out in compliance with both Federal and State prevailing wage rates, together with all other applicable State and Federal labor laws and requirements specified in the Contract Documents. It is further expressly agreed by and between the Parties hereto that should there be any conflict between the terms of this Contract and the Bid Proposal and Price Schedules submitted by Contractor, then this Contract shall control and nothing herein shall be considered as an acceptance of the terms of said Bid Proposal conflicting with the requirements of this Section.

b. State Wages - In accordance with the provisions of California Labor Code Sections (1720,1770-1776, 1810, 1813 and 1815, as amended and applicable), the State Director of Industrial Relations has determined the general prevailing rates of per diem wages in the locality where the Project is to be done. Copies of the updated Wage Determination rates are available from the CITY and the State of California via the internet at www.dir.ca.gov. Additionally, copies of the prevailing rate of per diem wages and federal wage decision rates are on file at the City of Victorville Finance Division, and shall be made available for review to any interested party on request. Notwithstanding anything in the Contract Documents to the contrary, Contractor and all subcontractors shall pay not less than said specified State of California rates to all workers employed by them in the execution of the work contemplated by this Contract. Contractor shall be responsible for using the correct and current prevailing wage rates.

c. AB219 (as applicable) adds Section 1720.9 to the Labor Code, the hauling and

delivery of ready-mixed concrete to carry out a public works contract, with respect to contracts involving state agency or any political subdivision of the state. Section 1720.9 defines the term “ready-mixed” concrete and specifies that the rate of pay shall be the current prevailing wage “for the geographical area in which the factory or batching plant is located” as determined by the DIR. The statute also requires a written agreement between the party hauling or delivering the ready-mixed concrete and the party that engaged its services. Nothing in Section 1720.9 shall cause any company to be treated as a contractor or subcontractor for any purpose other than the application of this chapter of the Labor Code.

d. The delivery company shall provide certified payroll records under Labor Code

section 1776(a) to the party that engaged its services and to the general contractor within five working days after the employee has been paid, accompanied by a written time record within five working days after the employee has been paid, accompanied by a written time record. The time record must be certified by each driver for the performance of job duties.

e. Federal Wages – In accordance with the provisions of the Davis-Bacon Act, and

related Federal labor requirements in the Contract Documents with which Contractor has agreed to comply, the Secretary of Labor has determined the general prevailing wage rates, applicable to federally funded construction projects. A copy of the current General Federal Wage Decision applicable to the work to be performed on this Project is attached to this Contract as Exhibit “C”. Contractor and all subcontractors shall pay not less than said specified Federal rates to all workers employed by them in the execution of the work under this Contract. Contractor shall be responsible for using the correct and current Federal prevailing wage rates.

f. Payment of State Wages Required when Higher. Notwithstanding the provi-

sions of Subsection c above, payment of State Prevailing Wage Rates when higher than Fed-eral Wage Rates, are required whenever federally funded or assisted projects are controlled or carried out by California awarding bodies of any sort. The City is considered a California

awarding body. Therefore, the higher of State Prevailing Wage and Federal Wage Rates shall apply to this Project and shall be paid by Contractor and all subcontractors.

g. Contractor shall be solely responsible for using the correct wage decision or

determination and performing accordingly. An error on the part of any awarding body does not relieve the Contractor from the responsibility for payment of the correct State prevailing wage and compliance with the maintenance and inspection of payroll records, posting of prevailing wage rates at work site, employment of apprentices, and other requirements of California Labor Code Section 1720, et seq.; California Code of Regulations, Title 8, Section 16000 et seq.; and all other applicable State labor laws. Contractor further acknowledges and agrees that it will be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with those laws. Contractor will require the same of all its subcontractors.

h. Contractor shall provide completed WEEKLY CERTIFIED PAYROLL and DAILY

SIGN IN SHEETS with each invoice presented to the CITY, substantially in the form and containing the information set forth on the sample Weekly Certified Payroll and Daily Sign In Sheets provided in the Contract Documents. Payment of said invoices WILL be delayed absent these documents.

i. Contractor shall provide completed EMPLOYEE INFORMATION SHEETS,

substantially in the form and containing the information set forth on the sample Employee Information Sheets provided in the Contract Documents, for each employee listed on the Weekly Certified Payroll or Daily Sign-In Sheets prior to, or along with the first invoice. This document is required only once per employee. Payment of said invoices WILL be delayed absent these documents.

j. The statutory penalties for failure to pay prevailing wage or to comply with State

wage and hour laws will be enforced. Contractor must forfeit to CITY TWENTY FIVE DOLLARS ($25.00) per day for each worker who works in excess of the minimum working hours when Contractor does not pay overtime. In accordance with the provisions of Labor Code Sections 1810 et seq., eight (8) hours is the legal working day. Section 9. WORKERS’ COMPENSATION INSURANCE Contractor shall procure and maintain, at its own expense, during the Term of this Agreement, workers’ compensation insurance, providing coverage as required by the California State Workers’ Compensation Law. If any class of employees employed by Contractor is not protected by the California State Workers’ Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the City. In conformance with current statutory requirements of Section 1860 et seq., of the Labor Code of the State of California, the undersigned confirms the following as their certification: I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accord-ance with the provisions before commencing the performance of the work of this contract. Section 10. NOTICE TO PROCEED No work, service, material, or equipment shall be performed or furnished under this Contract unless and until a Notice to Proceed has been given to the Contractor by the City. Contractor shall commence work pursuant to the Contract Documents as directed by the City in the Notice to Proceed, and to diligently execute the same to completion within the time limits set forth in the Contract Documents.

Section 11. COMPLIANCE WITH LAWS Contractor shall comply with all local, state, and federal laws and regulations applicable to the performance of the work required by the Contract Documents, including any rule, regula-tion, or bylaw governing the conduct or performance of Contractor, its employees, officers, board members, agents, independent contractors, and subcontractors. Unless otherwise specified in the Contract Documents, all required permits and licenses shall be held or obtained by the Con-tractor at its sole expense. Section 12. COMMERCIAL GENERAL AND AUTOMOBILE LIABILITY INSURANCE Contractor shall procure and maintain at its own expense, during the term of this Agree-ment, commercial general liability insurance, of not less than One Million Dollars ($1,000,000) per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or damage resulting from the wrongful or negligent acts by the Contractor or its officers, employees, servants, volunteers, and agents and independent contractors. Contractor shall further procure and maintain, at its own expense, during the Term of this Agreement, commercial vehicle liability insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) Combined Single Limit, covering any vehicle(s) utilized by Contractor or its officers, employees, servants, volunteers, or agents and independent contractors in performing the services required by this Agreement. Section 13. COURSE OF CONSTRUCTION/INLAND MARINE INSURANCE Contractor, and or any of its subcontractors, suppliers, vendors, employees, or person whom it performing any work under this agreement shall purchase, and maintain insurance to the full contract and insurable value thereof commonly referred to as a Course of Construction, Builders’ Risk, or an Inland Marine policy that offers “Installation” coverage for all materials, supplies, equip-ment, and property obtained by, or for Contractor, which is to become part of the work while such equipment and property is stored at the jobsite, at temporary locations, or while in transit to the project from such temporary locations. Contractor, and or any of its subcontractors, suppliers, vendors, employees, or person whom is performing any work under this agreement shall also be responsible for insuring their owned, leased/rented or borrowed equipment. Insurance should also include a Loss Payee, and a Waiver of Subrogation Endorsement(s) in favor of the City of Victorville. Section 14. ADDITIONAL INSURED Notwithstanding any inconsistent statement in any required insurance policies or any sub-sequent endorsements attached thereto, the protection offered by all policies, except for Workers' Compensation coverage, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers, and agents and independent contractors, including, without limitation, the City Attorney, are named as Additional Insureds. Section 15. WAIVER OF SUBROGATION RIGHTS Contractor shall require the carriers of all required insurance policies to waive all rights of subrogation against the City and its officers, volunteers, employees, contractors, and subcon-tractors. Each policy of insurance shall be endorsed to reflect such waiver.

Section 16. PROOF OF INSURANCE COVERAGE; REQUIRED PRIOR TO COMMENCEMENT OF SERVICES a. Contractor shall secure from a good and responsible company or companies au-thorized to do insurance business in the State of California the policies of insurance required by this Agreement and furnish to the City Clerk certificates of said insurance at least one (1) day prior to the commencement of any services to be performed under this Agreement. b. The certificates of insurance shall bear an endorsement whereby it is provided that, in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the City shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. In the case of non-payment, ten (10) days’ advance written notice shall be given. c. The certificates of insurance shall bear an endorsement whereby it is provided that the respective insurance policy shall not be terminated or expire without first providing thirty (30) days written notice to the City of such termination or expiration. d. The certificates of insurance shall indicate that the respective insurance policy will be maintained throughout the Term of this Agreement. e. The Commercial General Liability and vehicle liability policies shall be endorsed to contain the following provision: “For any claims related to this Contract, Contractor’s service coverage shall be primary with respect to the City. Any insurance maintained by the City shall be in excess of Contractor’s insurance and shall not contribute to it. Section 17. TIME OF THE ESSENCE Time is of the essence in the performance of this Agreement. Section 18. INDEMNIFICATION Notwithstanding the limits of any insurance, Contractor shall indemnify the City, its officials, officers, agents, volunteers and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising or alleged to arise from the negligent acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, but excluding such claims or liabilities or portion of such claims or liabilities arising or alleged to arise from the negligence or willful misconduct of the City its officials, officers, agents, volunteers or employees, and in connection therewith: a. Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith;

b. Contractor will promptly pay any judgment rendered against the City, its officials,

officers, agents or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor's (or its agents', employees', subcontractors' or invitees') negligent performance of or failure to perform such work, operations or activities hereunder; and Contractor

agrees to save and hold the City, its officials, volunteers, officers, agents, and employees harm-less there from;

c. In the event the City, its officials, officers, agents, volunteers or employees is

made a Party to any action or proceeding filed or prosecuted against Contractor for such dam-ages or other claims arising or alleged to arise out of or in connection with the negligent perfor-mance of or failure to perform the work, operation or activities of Contractor hereunder, Contrac-tor shall pay to the City, its officials, volunteers officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel acceptable to City;

d. Contractor's duty to defend and indemnify as set out in this Section shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of or pursuant to any state or federal law or regulation regarding hazardous sub-stances, including but not limited to the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Sub-stances control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter-Cologne Water Quality Control Act, as any of those statutes may be amended from time to time;

The Contractor's indemnification obligations pursuant to this Section shall survive the ter-

mination of this Agreement. Contractor shall require the same indemnification from all subcon-tractors. Section 19. REPORTS Upon request by INSERT DEPT. HEAD NAME AND TITLE, or his designee, Contractor shall prepare and submit reports concerning Contractor's performance of the work required by this Agreement. Section 20. RECORDS a. Contractor shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable INSERT DEPT. HEAD NAME AND TITLE or his designee, to evaluate the cost and the performance of such services. b. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles. INSERT DEPT. HEAD NAME AND TITLE , or his designee, shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. d. Records and supporting documents pertaining to the use of funds paid to Con-tractor hereunder shall be retained by Contractor and made available to INSERT DEPT. HEAD NAME AND TITLE, or his designee, for purposes of performing an audit for a period of five (5) years from the date of termination of this Agreement. Section 21. MODIFICATIONS AND AMENDMENTS This Agreement may be modified or amended only by a written instrument signed by both Parties.

Section 22. ENTIRE AGREEMENT a. This Agreement supersedes any and all prior or contemporaneous agreements, either oral or written, between the City and Contractor with respect to the subject matter of this Agreement. b. The Contract Documents contain all of the covenants and agreements between the Parties with respect to the subject matter herein, and each Party acknowledges that no rep-resentations, inducements, promises, or agreements have been made by or on behalf of any Party, except those covenants and agreements in this Agreement and the Contract Documents. c. No agreement, statement, or promise with respect to the subject matter of the Contract Documents, which is not contained in the Contract Documents, or in a valid modification or amendment to the Contract Documents, shall be valid or binding on either Party. Section 23. AMBIGUITIES

This Agreement is in all respects intended by each Party hereto to be deemed and con-strued to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against either of them. Ex-cept as expressly limited by this paragraph, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Agreement. Notwithstanding the foregoing, the Parties agree that Exhibits “A” and “B” are attached hereto for reference purposes and to the extent there are any ambiguities, inconsistencies or conflicts between the terms of this Construction Agreement and Exhibits “A” and “B”, the terms of this Construction Agreement shall control and nothing set forth in Exhibits “A” and “B” shall be deemed to supersede any of the provisions of this Construction Agreement. Section 24. NOTICES

a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certi-fied or registered, return receipt requested, with postage prepaid, and addressed to the Parties as follows:

To the City: INSERT DEPT. HEAD NAME & TITLE City of Victorville 14343 Civic Drive Victorville, CA 92392 To Contractor: CONTRACTOR REP. NAME AND TITLE

COMPANY NAME ADDRESS

CITY, STATE, ZIP

b. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.

Section 25. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES No officer or employee of the City shall be personally liable to Contractor, or any succes-sor in interest, in the event of any default or breach by the City or for any amount, which may become due to Contractor or to its successor(s), or for any breach of any obligation of the terms of this Agreement. Section 26. REVIEW BY ATTORNEYS Each Party hereto has had its attorneys review this Agreement and all related documents. Each Party hereto has consulted with its attorneys and has negotiated the terms of this Agree-ment based on such consultation. Section 27. CARE OF WORK Contractor must adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, stud-ies and other components to prevent losses or damages, and will be responsible for all damages, to persons or property, until acceptance of the work by the City, except those losses or damages as may be caused by the City’s own negligence. The performance of the work by Contractor or the payment of money by the City shall not relieve Contractor from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to the City, when such inaccuracies are due to the negligence of Contractor. Section 28. CAPTIONS AND HEADINGS The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading. Section 29. SUCCESSORS, HEIRS, AND ASSIGNS Except as otherwise expressly provided herein, this Agreement shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties to this Agreement and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties. Section 30. GENDER; PLURAL In this Agreement, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another. Section 31. SEVERABILITY If any one or more of the sentences, clauses, paragraphs, or sections contained herein is declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.

Section 32. GOVERNING LAW The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the Parties under this Agreement, shall be construed pursuant to and in accordance with California law. Section 33. CUMULATIVE REMEDIES Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other Party. Section 34. VENUE All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in San Bernardino County, California. Section 35. ATTORNEY'S FEES Should any litigation, specifically including but not limited to, arbitration and other non-judicial resolution of disputes be commenced between the Parties to this agreement concerning this agreement or the rights and duties of either in relation thereto, the Parties prevailing in such litigation or other proceeding shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for attorney fees in such litigation where the proceeding which, if not agreed upon by the Parties, shall be determined by the court or other entity in which such litigation or other proceeding is brought. Section 36. EFFECTIVENESS OF AGREEMENT

This Agreement shall not be binding upon the City, until signed by the authorized repre-sentative(s) of Contractor, approved by the City’s Risk Manager, and executed by the authorized City personnel or Mayor.

Section 37. REPRESENTATIONS OF PARTIES AND PERSONS EXECUTING AGREEMENT

a. Each of the Parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the Parties hereto.

b. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the Parties each purports to represent. Section 38. COUNTERPARTS

This Agreement may be executed by the Parties in counterparts, and when executed by each of the Parties, each counterpart shall be deemed to be a part of this Agreement.

(END OF THIS PAGE)

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be exe-

cuted as of the dates written below. THE CITY OF VICTORVILLE CONTRACTOR By:_______________________________ By:_________________________________

INSERT DEPT. HEAD NAME AND CONTRACTOR NAME AND TITLE

TITLE OR MAYOR Dated:______________________________ Dated:______________________________ ATTEST (AS APPLICABLE, over 50K) By:________________________________ Charlene Robinson,

City Clerk Dated:_____________________________ THE CITY OF VICTORVILLE APPROVED AS TO STANDARD FORM By:________________________________ By:________________________________ John Preston, Andre de Bortnowsky, Risk Manager City Attorney Dated:______________________________ Dated:_____________________________

CITY OF VICTORVILLE

CC22-045 WESTWINDS ACTIVITY AND SPORTS CENTER RE-ROOFING PROJECT FAITHFUL PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS: THAT WE, _________________________________________________, hereinafter re-ferred to as "Contractor," as principal, and _____________________________, as Surety, are held and firmly bond unto the CITY OF VICTORVILLE, in the sum of ______________________ Dollars, ($_________________), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. The conditions of the foregoing obligation is such that: WHEREAS, said Contractor has been awarded and is about to enter into the annexed con-tract with said CITY OF VICTORVILLE for completion of “WESTWINDS ACTIVITY AND SPORTS CENTER RE-ROOFING, PROJECT CC22-045” as specifically set forth in documents entitled of “WESTWINDS ACTIVITY AND SPORTS CENTER RE-ROOFING, PROJECT CC22-045” and is required under the terms of the Contract to give this Bond in connection with the execution of said Contract; NOW, THEREFORE, if the said Contractor shall well and truly do and perform all of the covenants and obligations of said Contract on his part to be done and performed at the times and in the manner specified herein, then his obligation shall be null and void, otherwise, it shall be and remain in full force and effect; PROVIDED, that any alterations in the work to be done, or the material to be furnished, which may be made pursuant to the terms of said Contract, shall not in any way release either the Contractor or the Surety there under, nor shall any extensions of time that be granted under the provision of said Contract release either the Contractor or the Surety, and notice of such alterations or extensions of the Contract is hereby waived by the Surety. WITNESS our hands this ______ day of __________________________________ ,________. (SEAL) Contractor ____________________________________ ___________________________________ SURETY By: _____________________________ By: ________________________________ Title: __________________________ NOTE: Signature of the party executing for the Surety must be properly acknowledged.

CITY OF VICTORVILLE

CC22-045 WESTWINDS ACTIVITY AND SPORTS CENTER RE-ROOFING PROJECT

PAYMENT BOND PAYMENT BOND TO ACCOMPANY CONSTRUCTION CONTRACT

(Public Contract Code Sections 7103 and 10221) BOND NO._____________ Know All Men By These Presents: THAT WE, , hereinafter referred to as "Contractor," as principal, and , as Surety, are held and firmly bound unto the City of Victorville, in the sum of Dollars $ ), lawful money of the United States of America, for the payment of which sum well and truly be made, we bind ourselves, jointly and severally, firmly by these presents. The condition of the foregoing obligation is such that:

WHEREAS, the provisions of Public Contract Code Sections 7103 and 10221 require the Principal file a bond in connection with the awarded project and is about to enter into the annexed contract with said City of Victorville for completion of project “CC22-45 WESTWINDS ACTIVITY AND SPORTS CENTER RE-ROOFING PROJECT” as specifically set forth with said project and is required under the terms contract to give this bond in connection with the execution of said Contract.

THE CONDITION OF THIS OBLIGATION IS SUCH,

1. That if said Principal or its subcontractors shall fail to pay any of the persons named in Civil

Code 9100, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such work and labor, that the surety herein will pay for the same, otherwise this obligation is to be void. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to be fixed by the court.

2. This bond shall inure to the benefit of any persons named in Civil Code Section 9100 as to give a right of action to such persons or their assigned in any suit brought upon this bond.

3. The aggregate liability of the Surety hereunder, including costs and attorney fees, on all claims whatsoever shall not exceed the penal sum of the bond in accordance with the provisions of Section 996.470(a) of the Code of Civil Procedure.

4. This bond is executed by the Surety, to comply with the provisions of Public Contract Code Sections 7103, 10221 and 10222, of Chapter 5, Title 3, Part 6, Division 4 of the Civil Code and of Chapter 2, Title 14, Part 2 of the Code of Civil Procedure and said bond shall be subject to all of the terms and provisions thereof.

5. This bond may be cancelled by the Surety in accordance with the provisions of Section 996.310 et seq. of the Code of Civil Procedure.

PROVIDED, that any alterations in the work to be done, or the material to be furnished, which may be made pursuant to the terms of said contract, shall not in any way release either the Contractor or the Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract release either the Contractor or the Surety, and notice of such alterations or extensions of the Contract is hereby waived by the Surety.

This bond to become effective________________________________________________ ________________________________ ________________________________ (NAME OF SURETY) (ADDRESS FOR SERVICE) I certify (or declare) under penalty of perjury under the laws of State of California that I have executed the foregoing bond under an unrevoked power of attorney. Executed in_________________________________________on _______________________ (City and State) Date _________________________________ (SIGNATURE OF ATTORNEY IN FACT) ______________________________________________ (PRINTED OR TYPED NAME OF ATTORNEY IN FACT)

CITY OF VICTORVILLE CC22-045 WESTWINDS ACTIVITY AND SPORTS CENTER RE-ROOFING PROJECT

GUARANTY

TO THE CITY OF VICTORVILLE, CALIFORNIA The undersigned guarantees the completion of "WESTWINDS ACTIVITY AND SPORTS CENTERS RE-ROOFING, PROJECT CC22-027”. Should any of the materials or equipment prove defective or should the work as a whole prove defective, due to faulty workmanship, material furnished, or methods of installation, or should the work or any part thereof fail to operate properly as originally intended and in accordance with the Plans and Specifications and/or manufacturers specifications, due to any of the above causes, all within twelve (12) months after date on which this Contact is accepted by the City, the undersigned agrees to reimburse the City, upon demand, for its expenses incurred in restoring said work to the condition contemplated in said project, including the cost of any such equipment or materials replaced and the cost of removing and replacing any other work necessary to make such replacement or repairs, or, upon demand by the City, to replace any such materials and to repair said work completely without cost to the City so that said work will function successfully as originally contemplated. The City shall have the unqualified option to make any needed replacements or repairs it-self or to have such replacements or repairs done by the undersigned. In the event the City elects to have said work performed by the undersigned, the under-signed agrees that the repairs shall be made and such materials as are necessary shall be fur-nished and installed within the time limit designated by the City. If the undersigned shall fail or re-fuse to comply with their obligations under this guaranty, the City shall be entitled to all costs and expenses, including attorney's fees, reasonably incurred by reason of said failure or refusal. SIGNED: _______________________________________________________________ CONTRACTOR By: Title:__________________________________ Dated this day of , . NOTE: This Guaranty shall be executed by the successful bidder in accordance with instructions in the Special Provisions. The bidder may execute the Guaranty on this page at the time of sub-mitting the bid.

CONSTRUCTION/DEMOLITION WASTE RECYCLING PLAN (C/DWRP)

Project Title/Name:

Project Address/Location:

Project Start Date—Approximate:

Company/Contractor:

Project Manager:

Phone Number:

Cell Phone #

1. Fill in the table below, indicating whether materials will be diverted (salvage or recycled) or landfilled. Also indicate location where materials will be taken.

2. Describe how materials will be sorted for recycling, reuse, or salvage at the job site.

SUMMARY WASTE DISPOSAL AND DIVERSION REPORT (SWDDR)

Project Name/Title:

Project Address/Location:

Project Beginning and Completion Dates:

Company/Contractor:

Project Manager:

Phone Number:

Cell Phone # Directions: Fill in the tables below, listing the number of tons reused/salvaged or recycled. Also fill in the number of tons of mixed waste disposed in landfill. Attach copies of dump slips. Table 1: Materials Diverted

MATERIAL TYPE

Tons Sal-vaged or Reused

Tons Re-cycled

Facility or Recycler Used (list name and loca-tion)

Scrap Metal

Asphalt

Concrete

Brick/Block

Drywall Greenwaste (brush, tree limbs)

Clean wood/ lumber

Fixtures (doors, windows, other building materi-als)

Other

Other

Total Tons NA Table 2: Materials landfilled Material Tons Dis-

posed Landfill Site (List name and location)

Mixed waste

Other

Total N/A

1.

2.Enter name of the Committee

3.

Date

We will employ and train apprentices in accordance with the California Apprenticeship Council regulations, including § 230.1 (c) which requires that apprentices employed on public projects can only be assigned to perform work of the craft or trade to which the apprentice is registered and that the apprentices must at all times work with or under the direct supervision of journeyman/men.

We will comply with the standards of

Apprenticeship Committee for the duration of this job only.

We are already approved to train apprentices by the

THIS FORM IS BEING SENT TO: (NAME & ADDRESS OF APPRENTICESHIP PROGRAM(S))

Check One Of The Boxes Below

Apprenticeship Committee. We will employ and train under their Standards. Enter name of the Committee

PUBLIC WORKS CONTRACT AWARD INFORMATION

NAME & ADDRESS OF PUBLIC AGENCY AWARDING CONTRACT

Contract award information must be sent to your Apprenticeship Committee if you are approved to train. If you are not approved totrain, you must send the information (which may be this form) to ALL applicable Apprenticeship Committees in your craft ortrade in the area of the site of the public work. Go to: http://www.dir.ca.gov/databases/das/pwaddrstart.asp for informationabout programs in your area and trade. You may also consult your local Division of Apprenticeship Standards (DAS) office whosetelephone number may be found in your local directory under California, State of, Industrial Relations, Division of ApprenticeshipStandards.

Do not send this form to the Division of Apprenticeship Standards.NAME OF YOUR COMPANY

MAILING ADDRESS- NUMBER & STREET, CITY, ZIP CODE

CONTRACTOR'S STATE LICENSE NO

AREA CODE & TELEPHONE NO.

DATE OF EXPECTED OR ACTUAL START OF PROJECT

ESTIMATED NUMBER OF JOURNEYMEN HOURS

This is not a request for dispatch of apprentices. Contractors must make a separate request for actual dispatch, in accordance with Section 230.1(a) California Code of Regulations

DATE YOUR CONTRACT EXECUTED

OCCUPATION OF APPRENTICE

NAME & ADDRESS OF PUBLIC WORKS PROJECT

APPROXIMATE DATES TO BE EMPLOYED

ESTIMATED NUMBER OF APPRENTICE HOURS

DAS 140 (REV. 1/04)

State of California - Department of Industrial Relations DIVISION OF APPRENTICESHIP STANDARDS

Signature

Typed Name

Title

Explanationtobox1‐3onformDAS140 •     Box 1 is for contractors who are already approved to train by an apprenticeship program (signatory/member).  •     Box 2 indicates that a contractor is willing to comply with a program's Standards for the current project only. This generally means that the fringe benefits and the training funds will be paid to that Committee's Trust Fund. It also allows a contractor to take advantage of a more generous maximum ratio than the CAC Standards, but does not affect the minimum ratio of 1 apprentice hour for every 5 journeyman hours.  •     Box 3 means that a contractor will be governed by the regulations of the California Apprenticeship Council. Generally this means that the minimum and maximum ratio for apprentices is the same – 1 apprentice hour for every 5 journeyman hours per each craft, totaled at the end of the project. It also means the Training Fund Contribution is usually paid to the California Apprenticeship Council. 

REQUEST FOR DISPATCH OF AN APPRENTICE – DAS 142 FORM DO NOT SEND THIS FORM TO DAS 

 

You may use this form to request dispatch of an apprentice from the Apprenticeship Committee in the craft or trade in the area of the public work.  Go to: http://www.dir.ca.gov/databases/das/pwaddrstart.asp for information 

about programs in your area and trade.  You may also consult your local Division Apprenticeship Standards (DAS) office whose telephone number may be found in your local directory under California, State of, Industrial Relations, Division of Apprenticeship Standards.  Except for projects with less than 40 hours of journeyman work, you must request and employ apprentices in no less than 8 hour increments. 

  

Date:  Contractor Requesting Dispatch:   

To Applicable Apprenticeship Committee: 

 Name:    

Name:     

 Address:     

 Address:    

    Tel. No.    Fax No.     

  

License No.       

Tel. No.    Fax No.       

  

Project Information: 

 Contract No.      Name of the Project:     Address:    

 

    

Dispatch Request Information:  Number of Apprentice(s) Needed:      Craft or Trade:      Date Apprentice(s) to Report:    (72 hrs. notice required)  Time to Report:       Name of Person to Report to:      Address to Report to:     

 

     

You may use this form to make your written request for the dispatch of an apprentice. Requests for dispatch must be in writing and submitted at least 72 hours in advance (excluding weekends and holidays) via first class mail, fax or email. Proof of submission may be required. Please take note of California Code of Regulations, Title 8, § 230.1 (a) for all applicable requirements regarding apprenticeship requests and/or visit https://www.dir.ca.gov/das/PublicWorksForms.htm DAS 142 (Revised 12/11) 

APPENDIX A – ONE TIME FORMS

APPENDIX B – WEEKLY FORMS

APPENDIX C – PAYROLL FORMS

APPENDIX D – DAVIS BACON LABOR STANDARDS

APPENDIX A – ONE TIME FORMS

APPENDIX B

Weekly Payroll Forms

ATTACHMENTAPPENDIX B

ATTACHMENTAPPENDIX B

ATTACHMENTAPPENDIX B

ATTACHMENTAPPENDIX B

ATTACHMENTAPPENDIX B

ATTACHMENTAPPENDIX B

ATTACHMENTAPPENDIX B

ATTACHMENTAPPENDIX B

ATTACHMENTAPPENDIX B

ATTACHMENTAPPENDIX B

ATTACHMENTAPPENDIX B

ATTACHMENTAPPENDIX B

APPENDIX C

PAYROLL FORMS

Certified Payroll Information Sheet The following is a list of “MUST HAVE” items when submitting certified payrolls. All forms in item 1 must accompany the first weekly payroll only. Forms in item 2 – 3 must be turned in weekly. Item 4 is only to be turned in when no work has been performed during a payroll week.

1. All One Time Forms. All signatures must be “wet” originals. Affirmative Action Compliance Guidelines for Construction and Non-Construction Contractors Affirmative Action Plan 1 Affirmative Action Plan Part 2 Anticipated Work Schedule Authorization for Payroll Deduction Certification of Bidder Regarding Equal Employment Opportunity Certificate of Understanding of Section 3 Requirements Form Contractor/Subcontractor Information Sheet Contractor’s Certification of Compliance with Davis-Bacon and Related Acts Requirements Employee Information Sheet Foreman/Superintendent Information Sheet Fringe Benefit Statement Form Minority and Women Owned Business Enterprise Participation Project Wage Rate Sheet W-9

2. Daily Sign-In Sheet. There should be one Daily Sign-In Sheet for each day worked during the payroll

week. Each employee must sign-in themselves on each day they work. Signing in for someone else constitutes fraud and will be subject to prosecution.

3. Payroll form (WH347 or equivalent) showing the week-ending date being the seventh day of the week (i.e. pay week starts on Monday, October 10, 2016 and the week ending date would be Sunday, October 16, 2016). All seven days and dates should be filled out under day and date. Hours worked should be on the standard time line unless it is actually overtime hours worked and a signed employee timecard must be kept for each week. Employee’s full address and social security number are on the payroll for that employee’s first week of work, and for each week thereafter. If you use a payroll company and attach the payroll report, you do not have to fill out the following items: Marital status and number of deductions Check Number (Employees must be paid weekly!) Deductions filled out correctly (FED, STATE, MEDICARE, SS, CA DISABILITY)

4. Statement of Non-Performance should be completely filled out and signed with a “wet” original signature for all weeks were there is no work performed on the job. This form submitted in place of the certified payroll for non-work weeks.

APPENDIX D

DAVIS BACON LABOR STANDARDS

January 2012Previous versions obsolete

U.S. Department of Housing and Urban Development

Labor Relations Desk GuideLR01.DG

DAVIS-BACONLABOR STANDARDS

A Contractor’s Guide to Prevailing Wage Requirements for Federally-Assisted Construction Projects

i

INTRODUCTION

This Guide has been prepared for you as a contractor performing work on construction projects that are assisted by the Department of Housing and Urban Development and subject to Davis-Bacon prevailing wage requirements. This Guide does not address contractor requirements involved in direct Federal contracting where HUD or another Federal agency enters into a procurement contract. In this latter case, the Federal Acquisition Regulations (FAR) are appli-cable. While the guidance contained in this Guide is generally applicable to any Davis-Bacon covered project, specific questions pertaining to direct Federal contracts should be addressed to the Contracting Officer who signed the contract for the Federal agency. Our objective here is to provide you with a guide which is simple and non-bureaucratic yet comprehensive and which will help you better understand and comply with Davis-Bacon labor standards. HUD’s Office of Labor Relations worked closely with the Department of Labor’s Wage and Hour Division to make sure that the labor standards provisions in your contract and the specifics of complying with them represent the latest information. It is the Department of Labor which has general administrative oversight of all Federal contracting agencies, such as HUD, which administer the day-to-day responsibilities of enforcing Davis-Bacon provisions in construction contracts they either fund or assist in funding.

There are three chapters in this Guide. The first chapter offers a brief description of the laws and regulations associated with Federal labor standards administration and enforcement and discusses both what’s in your contract that requires Davis-Bacon compliance and your respon-sibilities. The second chapter deals with labor standards and payroll reporting requirements. The third chapter discusses what can happen in the event there is a dispute about the wage rates that should be (or have been) paid and any back wages that may be due.

Finally, not all HUD construction projects are covered by Davis-Bacon wage rates. For the pur-pose of this Guide, we are assuming that a determination has already been made that Davis-Bacon wage rates are applicable. Should you wish assistance in determining whether Davis-Bacon wage rates apply to a particular project or if you need other related technical assistance, please consult with the HUD Labor Relations Field staff for your area. If you don’t know which staff to contact, a list of Labor Relations field offices and their geographic areas and telephone numbers can be found on HUD’s Home Page at the address below.

Visit the Office of Labor Relations on-line:

http://www.hud.gov/offices/olr

Obtain additional copies of this Guide and other publications at our website or by telephone from HUD’s Customer Service Center at (800)767-7468.

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TABLE OF CONTENTS

INTRODUCTION ................................................................................................................ i

CHAPTER 1 LAWS, REGULATIONS, CONTRACTS AND RESPONSIBILITIES .................................................................1-1

1-1 DAVIS-BACON AND OTHER LABOR LAWS. .......................................................1-1 a. The Davis-Bacon Act (DBA) ...............................................................................1-1 b. The Contract Work Hours and Safety Standards Act (CWHSSA) ......................1-1 c. The Copeland Act (Anti-Kickback Act)................................................................1-2 d. The Fair Labor Standards Act (FLSA) ................................................................1-21-2 DAVIS-BACON REGULATIONS .............................................................................1-21-3 CONSTRUCTION CONTRACT PROVISIONS .......................................................1-21-4 RESPONSIBILITY OF THE PRINCIPAL CONTRACTOR ......................................1-31-5 RESPONSIBILITY OF THE CONTRACT ADMINISTRATOR .................................1-4

CHAPTER 2 HOW TO COMPLY WITH LABOR STANDARDS AND PAYROLL REPORTING REQUIREMENTS .............................2-1

SECTION - I THE BASICS

2-1 THE WAGE DECISION ...........................................................................................2-1 a. The work classifications and wage rates ............................................................2-1 b. Posting the wage decision..................................................................................2-22-2 ADDITIONAL “TRADE” CLASSIFICATIONS AND WAGE RATES .......................2-2 a. Additional classification rules .............................................................................2-2 b. Making the request .............................................................................................2-3 c. HUD review ........................................................................................................2-3 d. DOL decision ......................................................................................................2-32-3 CERTIFIED PAYROLL REPORTS ..........................................................................2-4 a. Payroll formats ...................................................................................................2-4 b. Payroll certifications ...........................................................................................2-4 c. “No work” payrolls ..............................................................................................2-4 d. Payroll review and submission ...........................................................................2-5 e. Payroll retention .................................................................................................2-5 f. Payroll inspection ...............................................................................................2-52-4 DAVIS-BACON DEFINITIONS ................................................................................2-5 a. Laborer or mechanic ..........................................................................................2-5 b. Employee ...........................................................................................................2-6 c. Apprentices and trainees....................................................................................2-6 d. Prevailing wages or wage rates .........................................................................2-7 e. Fringe benefits....................................................................................................2-7 f. Overtime .............................................................................................................2-7 g. Deductions .........................................................................................................2-8 h. Proper designation of trade ................................................................................2-8 i. Site of work.........................................................................................................2-8

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SECTION - II REPORTING REQUIREMENT

2-5 COMPLETING A PAYROLL REPORT ....................................................................2-9 a. Project and contractor/subcontractor information...............................................2-9 b. Employee information.........................................................................................2-9 c. Work classification ..............................................................................................2-9 d. Hours worked .....................................................................................................2-10 e. Rate of pay .........................................................................................................2-10 f. Gross wages earned ..........................................................................................2-10 g. Deductions .........................................................................................................2-11 h. Net pay ...............................................................................................................2-11 i. Statement of compliance ....................................................................................2-11 j. Signature ............................................................................................................2-11

SECTION III - PAYROLL REVIEWS AND CORRECTIONS

2-6 COMPLIANCE REVIEWS .......................................................................................2-12 a. On-site interviews ...............................................................................................2-12 b. Project payroll reviews .......................................................................................2-122-7 TYPICAL PAYROLL ERRORS AND REQUIRED CORRECTIONS .......................2-12 a. Inadequate payroll information ...........................................................................2-12 b. Missing identification numbers ...........................................................................2-12 c. Incomplete payrolls ............................................................................................2-13 d. Classifications ....................................................................................................2-13 e. Wage Rates ........................................................................................................2-13 f. Apprentices and trainees....................................................................................2-13 g. Overtime .............................................................................................................2-13 h. Computations .....................................................................................................2-13 i. Deductions .........................................................................................................2-13 j. Fringe benefits....................................................................................................2-14 k. Signature ............................................................................................................2-14 l. On-site interview comparisons ...........................................................................2-14 m. Correction certified payroll..................................................................................2-142-8 RESTITUTION FOR UNDERPAYMENT OF WAGES .............................................2-14 a. Notification..........................................................................................................2-14 b. Computing wage restitution ................................................................................2-15 c. Correction certified payrolls ................................................................................2-15 d. Review of correction CPR ..................................................................................2-15 e. Unfound workers ................................................................................................2-15

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CHAPTER 3 LABOR STANDARDS DISPUTES, ADMINISTRATIVE REVIEWS, WITHHOLDING, DEPOSITS AND ESCROW ACCOUNTS, AND SANCTIONS .......................................................3-1

3-1 INTRODUCTION .....................................................................................................3-13-2 ADMINISTRATIVE REVIEW ON LABOR STANDARDS DISPUTES .....................3-1 a. Additional classifications and wage rates ...........................................................3-1 b. Findings of underpayment ..................................................................................3-23-3 WITHHOLDING .......................................................................................................3-23-4 DEPOSITS AND ESCROWS ..................................................................................3-33-5 ADMINISTRATIVE SANCTIONS ............................................................................3-4 a. DOL debarment ..................................................................................................3-4 b. HUD sanctions ...................................................................................................3-43-6 FALSIFICATION OF CERTIFIED PAYROLL REPORTS ........................................3-5

APPENDICIES

ACRONYMS AND SYMBOLS ...........................................................................................A-1DAVIS-BACON - RELATED WEB SITES* ........................................................................A-2HUD-4720, Project Wage Rate Sheet ..............................................................................A-3WH-347, Payroll Form/Statement of Compliance ..........................................................A-4

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CHAPTER 1 LAWS, REGULATIONS, CONTRACTS AND RESPONSIBILITIES

The following paragraphs describe what the labor standards laws and regulations actually say and what they mean to you on HUD projects:

1-1 DAVIS-BACON AND OTHER LABOR LAWS.

a. The Davis-Bacon Act (DBA). The Davis-Bacon Act requires the payment of prevailing wage rates (which are determined by the U.S. Department of Labor) to all laborers and mechanics on Federal government and District of Columbia construction projects in excess of $2,000. Construction includes alteration and/or repair, including painting and decorating, of public buildings or public works.

b. The Contract Work Hours and Safety Standards Act (CWHSSA). CWHSSA requires time and one-half pay for overtime (O/T) hours (over 40 in any workweek) worked on the covered project. The CWHSSA applies to both direct Federal contracts and to indirect Federally-assisted contracts except where the assistance is solely in the nature of a loan guarantee or insurance. CWHSSA violations carry a liquidated damages penalty ($10/day per violation). Intentional violations of CWHSSA standards can be considered for Federal criminal prosecution.

CWHSSA does not apply to prime contracts of $100,000 or less. In addition, some HUD projects are not covered by CWHSSA because some HUD programs only provide loan guarantees or insurance. CWHSSA also does not apply to construction or rehabilitation contracts that are not subject to Federal prevailing wage rates (e.g., Davis-Bacon wage rates, or HUD-determined rates for operation of public housing and Indian block grant-assisted housing). However, even though CWHSSA overtime pay is not required, Fair Labor Standards Act (FLSA) overtime pay is probably still applicable. (See also Labor Relations Letter SL-95-01, CWHSSA Coverage threshold for overtime and health and safety provision, available on-line at the HUD Labor Relations Library at: www.hud.gov/offices/olr/library.cfm)

Most HUD construction work is not covered by the DBA itself since HUD seldom contracts directly for construction services. Most often, if Davis-Bacon wage rates apply to a HUD project it is because of a labor provision contained in one of HUD’s “Related Acts” such as the U. S. Housing Act of 1937, the National Housing Act, the Housing and Community Development Act of 1974, the National Affordable Housing Act of 1990, and the Native American Housing Assistance and Self-Determination Act of 1996. The Related Acts are often referred to as the Davis-Bacon and Related Acts or DBRA.

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c. The Copeland Act (Anti-Kickback Act). The Copeland Act makes it a Federal crime for anyone to require any laborer or mechanic (employed on a Federal or Federally-assisted project) to kickback (i.e., give up or pay back) any part of their wages. The Copeland Act requires every employer (contractors and subcontractors) to submit weekly certified payroll reports (CPRs) and regulates permissible payroll deductions.

d. The Fair Labor Standards Act (FLSA). The FLSA contains Federal minimum wage rates, overtime (O/T), and child labor requirements. These requirements generally apply to any labor performed. The DOL has the authority to administer and enforce FLSA. HUD will refer to the DOL any possible FLSA violations that are found on HUD projects.

1-2 DAVIS-BACON REGULATIONS.

The Department of Labor (DOL) has published rules and instructions concerning Davis-Bacon and other labor laws in the Code of Federal Regulations (CFR). These regulations can be found in Title 29 CFR Parts 1, 3, 5, 6 and 7. Part 1 explains how the DOL establishes and publishes DBA wage determinations (aka wage decisions) and provides instructions on how to use the determinations. Part 3 describes Copeland Act requirements for payroll deductions and the submission of weekly certified payroll reports. Part 5 covers the labor standards provisions that are in your contract relating to Davis-Bacon Act wage rates and the responsibilities of contractors and contracting agencies to administer and enforce the provisions. Part 6 provides for administrative proceedings enforcing Federal labor standards on construction and service contracts. Last, Part 7 sets parameters for practice before the Administrative Review Board. These regulations are used as the basis for administering and enforcing the laws.

1-3 CONSTRUCTION CONTRACT PROVISIONS

Each contract subject to Davis-Bacon labor standards requirements must contain labor standards clauses and a Davis-Bacon wage decision. These documents are normally bound into the contract specifications.

a. The labor standards clauses. The labor standards clauses describe the responsibilities of the contractor concerning Davis-Bacon wages and obligate the contractor to comply with the labor requirements. The labor standards clauses also provide for remedies in the event of violations, including withholding from payments due to the contractor to ensure the payment of wages or liquidated damages which may be found due. These contract clauses enable the contract administrator to enforce the Federal labor standards applicable to the project. HUD has standard forms that contain contract clauses. For example, the HUD-2554, Supplementary Conditions to the Contract for Construction, which is issued primarily for FHA multifamily housing and other construction projects

DOL Regulations are available on-line on the World Wide Web:http://www.dol.gov/dol/allcfr/Title_29.htm

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administered by HUD; the HUD-4010, Federal Labor Standards Provisions, which is used for CDBG and HOME projects, and the HUD-5370, General Conditions of the Contract for Construction or the HUD-5370-EZ (construction contracts ≤$100,000) which are used for Public and Indian Housing projects.

b. Davis-Bacon Wage Decisions. The Davis-Bacon wage decision (or wage determination) is a listing of various construction work classifications, such as Carpenter, Electrician, Plumber and Laborer, and the minimum wage rates (and fringe benefits, where prevailing) that people performing work in those classifications must be paid.

Davis-Bacon wage decisions are established by the DOL for various types of construction (e.g., residential, heavy, highway) and apply to specific geographic areas, usually a county or group of counties. Wage decisions are modified from time to time to keep them current. In most cases, when the contract is awarded or when construction begins, the wage decision is “locked-in” and no future modifications are applicable to the contract or project involved.

1-4 RESPONSIBILITY OF THE PRINCIPAL CONTRACTOR

The principal contractor (also referred to as the prime or general contractor) is responsible for the full compliance of all employers (the contractor, subcontractors and any lower-tier subcontractors) with the labor standards provisions applicable to the project. Because of the contractual relationship between a prime contractor and his/her subcontractors, subcontractors generally should communicate with the contract administrator only through the prime contractor. (See Contract Administrator, below.)

To make this Guide easier to understand, the term “prime contractor” will mean the principal contractor; “subcontractor” will mean all subcontractors including lower-tier subcontractors; and the term “employer” will mean all contractors as a group, including the prime contractor and any subcontractors and lower-tier subcontractors.

HUD program labor standards forms are available on-line at:www.hud.gov/offices/adm/hudclips/index.cfm

All current Davis-Bacon wage decisions can be accessed on-line at no cost at:http://www.wdol.gov

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1-5 RESPONSIBILITY OF THE CONTRACT ADMINISTRATOR.

The contract administrator is responsible for the proper administration and enforcement of the Federal labor standards provisions on contracts covered by Davis-Bacon requirements. We use this term to represent the person (or persons) who will provide labor standards advice and support to you and other project principals (e.g., the owner, sponsor, architect), including providing the proper Davis-Bacon wage decision (see 2-1, The Wage Decision) and ensuring that the wage decision and contract clauses are incorporated into the contract for construction. The contract administrator also monitors labor standards compliance (see 2-6, Compliance Reviews) by conducting interviews with construction workers at the job site and reviewing payroll reports, and oversees any enforcement actions that may be required.

The contract administrator could be an employee or agent of HUD, or of a city or county or public housing agency. For HUD projects administered directly by HUD staff, usually FHA-insured multifamily projects, the contract administrator will be the HUD Labor Relations field staff. But many HUD-assisted projects are administered by local contracting agencies such as Public Housing Agencies (PHAs), Indian tribes and tribally-designated housing entities (TDHEs), and States, cities and counties under HUD’s Community Development Block Grant (CDBG) and HOME programs. In these cases, the contract administrator will likely be local agency staff. In either case, the guidance for you remains essentially the same.

The DOL also has a role in monitoring Davis-Bacon administration and enforcement. In addition, DOL has independent authority to conduct investigations. A DOL investigator or other DOL representative may visit Davis-Bacon construction sites to interview construction workers or review payroll information.

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CHAPTER 2 HOW TO COMPLY WITH LABOR STANDARDS AND PAYROLL REPORTING REQUIREMENTS

WHERE TO START? Now that you know you’re on a Davis-Bacon project and you know some of the legal and practical implications, what’s next?

SECTION I - THE BASICS

2-1 THE WAGE DECISION.

Davis-Bacon labor standards stipulate the wage payment requirements for Carpenters, Electricians, Plumbers, Roofers, Laborers, and other construction work classifications that may be needed for the project. The Davis-Bacon wage decision that applies to the project contains a schedule of work classifications and wage rates that must be followed. If you don’t have it already (and by now you should), you’ll want to get a copy of the applicable Davis-Bacon wage decision.

a. The work classifications and wage rates. A Davis-Bacon wage decision is simply a listing of different work classifications and the minimum wage rates that must be paid to anyone performing work in those classifications. You’ll want to make sure that the work classification(s) you need are contained in the wage decision and make certain you know exactly what wage rate(s) you will need to pay. Some wage decisions cover several counties and/or types of construction work (for example, residential and commercial work) and can be lengthy and difficult to read. Contact the contract administrator (HUD Labor Relations field staff or local agency staff) if you have any trouble reading the wage decision or finding the work classification(s) you need.

To make reading lengthy wage decisions easier for you, the contract administrator may prepare a Project Wage Rate Sheet (HUD-4720). This Sheet is a one-page transcript that will show only the classifications and wage rates for a particular project. A blank copy of a Project Wage Rate Sheet is provided for you in the appendix. Also, a fillable version of this form is available on-line at HUDClips (see web address in the Appendix). Contact the contract administrator monitoring your project for assistance with a Project Wage Rate Sheet.

Remember, the wage decision is contained in the contract specifications along with the labor standards clauses. See 1-3, Construction Contract Provisions.

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b. Posting the wage decision. If you are the prime contractor, you will be responsible for posting a copy of the wage decision (or the Project Wage Rate Sheet) and a copy of the DOL Davis-Bacon poster titled Employee Rights under the Davis-Bacon Act (Form WH-1321) at the job site in a place that is easily accessible to all of the construction workers employed at the project and where the wage decision and poster won’t be destroyed by wind or rain, etc. The Employee Rights under the Davis-Bacon Act poster is available in English and Spanish on-line at HUDClips (see address in the Appendix).

2-2 ADDITIONAL “TRADE” CLASSIFICATIONS AND WAGE RATES.

What if the work classification you need isn’t on the wage decision? If the work classification(s) that you need doesn’t appear on the wage decision, you will need to request an additional classification and wage rate. This process is usually very simple and you’ll want to start the request right away. Basically, you identify the classification you need and recommend a wage rate for DOL to approve for the project. There are a few rules about additional classifications; you’ll find these rules in the DOL regulations, Part 5, and in the labor clauses in your contract. The rules are summarized for you here:

a. Additional classification rules. Additional classifications and wage rates can be approved if:

1. The requested classification is used by construction contractors in the area of the project. (The area is usually defined as the county where the project is located).

2. The work that will be performed by the requested classification is not already performed by another classification that is already on the wage decision. (In other words, if there already is an Electrician classification and wage rate on the wage decision you can’t request another Electrician classification and rate.)

3. The proposed wage rate for the requested classification “fits” with the other wage rates already on the wage decision. (For example, the wage rate proposed for a trade classification such as Electrician must be at least as much as the lowest wage rate for other trade classifications already contained in the wage decision.) And,

4. The workers that will be employed in the added classification (if it is known who the workers are/will be), or the workers’ representatives, must agree with the proposed wage rate.

The Employee Rights under the Davis-Bacon Act poster (WH-1321) replaces the Notice to all Employees. The new poster is available in English and Spanish on-line at HUDClips (see address in the Appendix).

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b. Making the request. A request for additional classification and wage rate must be made in writing through the contract administrator. (If the contract administrator is a local agency, the agency will send the request to the HUD Labor Relations staff.) If you are a subcontractor, your request should also go through the prime contractor. All you need to do is identify the work classification that is missing and recommend a wage rate (usually the rate that employer is already paying to the employees performing the work) for that classification. You may also need to describe the work that the new classification will perform.

c. HUD review. The HUD Labor Relations field staff will review the requested classification and wage rate to determine whether the request meets the DOL rules outlined in paragraph 2-2(a), above. If additional information or clarification is needed, the staff will contact the prime contractor (or contract administrator for local agency projects) for more information, etc. If the Labor Relations review finds that the request meets the rules, the staff will give preliminary approval on the request and refer it to the DOL for final approval. The staff will send to you a copy of the preliminary approval/referral letter to the DOL.

If the HUD Labor Relations staff doesn’t think the request meets the rules and if agreement can’t be reached on the proper classification or wage rate for the work described, the HUD Labor Relations staff will not approve the request. In this case, the staff will send your request to the DOL with an explanation why HUD believes that the request shouldn’t be approved. The DOL still has final decision authority. You will receive a copy of the disapproval/referral letter to the DOL.

d. DOL decision. The DOL will respond to HUD Labor Relations in writing about the additional classification and wage rate request. HUD Labor Relations will notify you of the DOL decision in writing. If the DOL approves the request, the prime contractor must post the approval notice on the job site with the wage decision.

If the DOL does not approve the request, you will be notified about what classification and wage rate should be used for the work in question. You will also receive instructions about how to ask for DOL reconsideration if you still want to try to get your recommendation approved.

It’s always a good idea to talk to the contract administrator before submitting an additional classification and wage rate request. The contract administrator can offer suggestions and advice that may save you time and increase the likelihood that DOL will approve your request. Usually, the contract administrator can give you an idea about what the DOL will finally decide.

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2-3 CERTIFIED PAYROLL REPORTS.

You’ll need to submit a weekly certified payroll report (CPR) beginning with the first week that your company works on the project and for every week afterward until your firm has completed its work. It’s always a good idea to number the payroll reports beginning with #1 and to clearly mark your last payroll for the project “Final.”

a. Payroll formats. The easiest form to use is DOL’s WH-347, Payroll. A sample copy of the WH-347 is included in the back of this Guide. You may access a fillable version of the WH-347 on-line at HUDClips (see web address in the Appendix). Also, the contract administrator can provide a few copies of the WH-347 that you can reproduce.

b. Payroll certifications. The weekly payrolls are called certified because each payroll is signed and contains language certifying that the information is true and correct. The payroll certification language is on the reverse side of the WH-347. If you are using another type of payroll format you may attach the certification from the back of the WH-347, or any other format which contains the same certification language on the WH-347 (reverse).

c. “No work” payrolls. “No work” payrolls may be submitted whenever there is a temporary break in your work on the project, for example, if your firm is not needed on the project right now but you will be returning to the job in a couple of weeks. (See tip box, for “no work” payroll exemption!) However, if you know that your firm will not be working on the project for an extended period of time, you may wish to send a short note to the contract administrator to let them know about the break in work and to give an approximate date when your firm will return to the project. If you number payrolls consecutively or if you send a note, you do not need to send “no work” payrolls.

You are not required to use Payroll form WH-347. You are welcome to use any other type of payroll, such as computerized formats, as long as it contains all of the information that is required on the WH-347.

DOL’s website has Payroll Instructions and the Payroll form WH-347 in a “fillable” PDF format at this address:www.dol.gov/whd/forms/wh347.pdf

If you number your payroll reports consecutively, you do not need to submit “no work” payrolls!

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d. Payroll review and submission. The prime contractor should review each subcontractor’s payroll reports for compliance prior to submitting the reports to the contract administrator. Remember, the prime contractor is responsible for the full compliance of all subcontractors on the contract and will be held accountable for any wage restitution that may be found due to any laborer or mechanic that is underpaid and for any liquidated damages that may be assessed for overtime violations. All of the payroll reports for any project must be submitted to the contract administrator through the prime contractor.

e. Payroll retention. Every contractor (including every subcontractor) must keep a complete set of their own payrolls and other basic records such as employee addresses and full SSNs, time cards, tax records, evidence of fringe benefit payments, for a Davis-Bacon project for at least 3 years after the project is completed. The prime contractor must keep a complete set of all of the payrolls for every contractor (including subcontractors) for at least 3 years after completion of the project.

f. Payroll inspection. In addition to submitting payrolls to the contract administrator, every contractor (including subcontractors) must make their own copy of the payrolls and other basic records available for review or copying to any authorized representative from HUD or from DOL.

2-4 DAVIS-BACON DEFINITIONS.

Before we discuss how to complete the weekly payroll forms, we need to review a couple of definitions. These definitions can help you understand what will be required of you:

a. Laborer or mechanic. “Laborers” and “mechanics” mean anyone who is performing construction work on the project, including trade journeymen (carpenters, plumbers, sheet metal workers, etc.), apprentices, and trainees and, for CWHSSA purposes, watchmen and guards. “Laborers” and “mechanics” are the two groups of workers that must be paid not less than Davis-Bacon wage rates.

1. Working foremen. Foremen or supervisors that regularly spend more than 20% of their time performing construction work and do not meet the exclusions in paragraph 2 below are covered “laborers” and “mechanics” for labor standards purposes for the time spent performing construction work.

2. Exclusions. People whose duties are primarily administrative, executive or clerical are not laborers or mechanics. Examples include superintendents, office staff, timekeepers, messengers, etc. (Contact the contract administrator if you have any questions about whether a particular employee is excluded.)

An alert prime contractor that reviews subcontractor payroll submissions can detect any misunderstandings early, prevent costly underpayments and protect itself from financial loss should underpayments occur.

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b. Employee. Every person who performs the work of a laborer or mechanic is “employed” regardless of any contractual relationship which may be alleged to exist between a contractor or subcontractor and such person. This means that even if there is a contract between a contractor and a worker, the contractor must make sure that the worker is paid at least as much as the wage rate on the wage decision for the classification of work they perform. Note that there are no exceptions to the prevailing wage requirements for relatives or for self-employed laborers and mechanics.

c. Apprentices and trainees. The only workers who can be paid less than the wage rate on the wage decision for their work classification are “apprentices” and “trainees” registered in approved apprenticeship or training programs. Approved programs are those which have been registered with the DOL or a DOL-recognized State Apprenticeship Council (SAC). Apprentices and trainees are paid wage rates in accordance with the wage schedule in the approved program.

1. Probationary apprentice. A “probationary apprentice” can be paid as an apprentice (less than the rate on the wage decision) if the DOL or SAC has certified that the person is eligible for probationary employment as an apprentice.

2. Pre-apprentice. A “pre-apprentice”, that is, someone who is not registered in a program and who hasn’t been DOL- or SAC-certified for probationary apprenticeship is not considered to be an “apprentice” and must be paid the full journeyman’s rate on the wage decision for the classification of work they perform.

3. Ratio of apprentices and trainees to journeymen. The maximum number of apprentices or trainees that you can use on the job site cannot exceed the ratio of apprentices or trainees to journeymen allowed in the approved program.

Most often, the apprentice/trainee wage rate is expressed as a series of percentages tied to the amount of time spent in the program. For example, 0-6 months: 65%; 6 months - 1 year: 70%; etc. The percentage is applied to the journeyman’s wage rate. On Davis-Bacon projects, the percentage must be applied to the journeyman’s wage rate on the applicable wage decision for that craft.

For more information about working subcontractors, ask the contract administrator or your HUD Labor Relations Field Staff for a copy of Labor Relations Letter LR-96-01, Labor standards compliance requirements for self-employed laborers and mechanics. Labor Relations Letters and other helpful Labor Relations publications are available at HUD’s Labor Relations web site (see the list of web site addresses in the Appendix).

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d. Prevailing wages or wage rates. Prevailing wage rates are the wage rates listed on the wage decision for the project. The wage decision will list a minimum basic hourly rate of pay for each work classification. Some wage decisions include fringe benefits which are usually listed as an hourly fringe rate. If the wage decision includes a fringe benefit rate for a classification, you will need to add the fringe benefit rate to the basic hourly rate unless you provide bona fide fringe benefits for your employees.

1. Piece-work. Some employees are hired on a piece-work basis, that is, the employee’s earnings are determined by a factor of work produced. For example, a Drywall Hanger’s earnings may be calculated based upon the square feet of sheetrock actually hung, a Painter’s earnings may be based upon the number of units painted. Employers may calculate weekly earnings based upon piece rates provided the weekly earnings are sufficient to satisfy the wage rate requirement based upon actual hours, including any overtime, worked. Accurate time records must be maintained for any piece-work employees. If the weekly piece rate earnings are not sufficient, the employer must recompute weekly earnings based upon the actual hours worked and the rate on the wage decision for the work classification(s) involved.

e. Fringe benefits Fringe benefits can include health insurance premiums, retirement contributions, life insurance, vacation and other paid leave as well as some contributions to training funds. Fringe benefits do not include employer payments or contributions required by other Federal, State or local laws, such as the employer’s contribution to Social Security or some disability insurance payments.

f. Overtime. Overtime hours are defined as all hours worked on the contract in excess of 40 hours in any work week. Overtime hours must be paid at no less than one and one-half times the regular rate of basic pay plus the straight-time rate of any required fringe benefits.

Note that the total hourly wage rate paid to any laborer or mechanic (basic wage or basic wage plus fringe benefits) may be no less than the total wage rate (basic wage or basic wage plus fringe benefits) on the wage decision for their craft. If the value of the fringe benefit(s) you provide is less than the fringe benefit rate on the wage decision, you will need to add the balance of the wage decision fringe benefit rate to the basic rate paid to the employee. For example, if the wage decision requires $10/hour basic rate plus $5/hour fringe benefits, you must pay no less than that total ($15/hour) in the basic rate or basic rate plus whatever fringe benefit you may provide. You can meet this obligation in several ways: you could pay the base wage and fringe benefits as stated in the wage decision, or you could pay $15 in base wage with no fringe benefits, or you could pay $12 basic plus $3 fringe benefits. You can also off-set the amount of the base wage if you pay more in fringe benefits such as by paying or $9 basic plus $6 fringe benefits; as long as you meet the total amount. The amount of the base wage that you may off-set with fringe benefits is limited by certain IRS and FLSA requirements.

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g. Deductions. You may make payroll deductions as permitted by DOL Regulations 29 CFR Part 3. These regulations prohibit the employer from requiring employees to “kick-back” (i.e., give up) any of their earnings. Allowable deductions which do not require prior DOL permission include employee obligations for income taxes, Social Security payments, insurance premiums, retirement, savings accounts, and any other legally-permissible deduction authorized by the employee. Deductions may also be made for payments on judgments and other financial obligations legally imposed against the employee.

h. Proper designation of trade. You must select a work classification on the wage decision for each worker based on the actual type of work he/she performed and you must pay each worker no less than the wage rate on the wage decision for that classification regardless of their level of skill. In other words, if someone is performing carpentry work on the project, they must be paid no less than the wage rate on the wage decision for Carpenters even if they aren’t considered by you to be fully trained as a Carpenter. Remember, the only people who can be paid less than the rate for their craft are apprentices and trainees registered in approved programs.

1. Split-classification. If you have employees that perform work in more than one trade during a work week, you can pay the wage rates specified for each classification in which work was performed only if you maintain accurate time records showing the amount of time spent in each classification of work. If you do not maintain accurate time records, you must pay these employees the highest wage rate of all of the classifications of work performed.

i. Site of work. The “site of work” is where the Davis-Bacon wage rates apply. Usually, this means the boundaries of the project. “Site of work” can also include other adjacent or virtually adjacent property used by a contractor or subcontractor in the construction of the project, like a fabrication site that is dedicated exclusively, or nearly so, to the project.

Referring, again, to our example above where the wage decision requiring a $15 total wage obligation ($10 basic wage plus $5 fringe benefits) was met by paying $9 base wage plus $6 fringe benefits: Note that overtime rates must be based on one and one-half times the basic rate as stated on the wage decision. In the above example, the employer must pay for overtime: $15/hr ($9 basic + $6 fringe) plus $5 (one-half of $10, the wage decision basic rate) for a total of $20 per hour.

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SECTION II - REPORTING REQUIREMENTS

2-5 COMPLETING A PAYROLL REPORT.

What information has to be reported on the payroll form? The weekly payroll form doesn’t ask for any information that you don’t already need to keep for wage payment and tax purposes. For example, you need to know each employee’s name; his or her work classification (who is working for you and what do they do?), the hours worked during the week, his or her rate of pay, the gross amount earned (how much did they earn?), the amounts of any deductions for taxes, etc., and the net amount paid (how much should the paycheck be made out for?). No more information than you need to know in order to manage your work crew and make certain they are paid properly. And, certainly, no more information than you need to keep for IRS, Social Security and other tax and employment purposes.

You are required to submit certified payrolls to illustrate and document that you have complied with the prevailing wage requirements. The purpose of the contract administrator’s review of your payrolls is to verify your compliance. Clearer and complete payroll reports will permit the contract administrator to complete reviews of your payroll reports quickly.

a. Project and contractor/subcontractor information. Each payroll must identify the contractor or subcontractor’s name and address, the project name and number, and the week ending date. Indicate the week dates in the spaces provided. Numbering payrolls is optional but strongly recommended.

b. Employee information. Effective January 18, 2009, payrolls shall not report employee addresses or full Social Security Numbers (SSNs). Instead, the first payroll on which each employee appears shall include the employee’s name and an individually identifying number, usually the last 4 digits of the employee’s SSN. Afterward, the identifying number does not need to be reported unless it is necessary to distinguish between employees, e.g., if two employees have the same name.

Employers (prime contractors and subcontractors) must maintain the current address and full SSN for each employee and must provide this information upon request to the contracting agency or other authorized representative responsible for federal labor standards compliance monitoring. Prime contractors may require a subcontractor(s) to provide this information for the prime contractor’s records. DOL has modified form WH-347, Payroll, to accommodate these reporting requirements.

c. Work classification. Each employee must be classified in accordance with the wage decision based on the type of work they actually perform.

For many contractors, the Weekly Certified Payroll is the only Davis-Bacon paperwork you need to submit!

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1. Apprentices or trainees. The first payroll on which any apprentice or trainee appears must be accompanied by a copy of that apprentice’s or trainee’s registration in a registered or approved program. A copy of the portions of the registered or approved program pertaining to the wage rates and ratios shall also accompany the first payroll on which the first apprentice or trainee appears.

2. Split classifications. For an employee that worked in a split classification, make a separate entry for each classification of work performed distributing the hours of work to each classification, accordingly, and reflecting the rate of pay and gross earnings for each classification. Deductions and net pay may be based upon the total gross amount earned for all classifications.

d. Hours worked. The payroll should show ONLY the regular and overtime hours worked on this project. Show both the daily and total weekly hours for each employee. If an employee performs work at job sites other than the project for which the payroll is prepared, those “other job” hours should not be reported on the payroll. In these cases, you should list the employee’s name, classification, hours for this project only, the rate of pay and gross earnings for this project, and the gross earned for all projects. Deductions and net pay may be based upon the employee’s total earnings (for all projects) for the week.

e. Rate of pay. Show the basic hourly rate of pay for each employee for this project. If the wage decision includes a fringe benefit and you do not participate in approved fringe benefit programs, add the fringe benefit rate to the basic hourly rate of pay. Also list the overtime rate if overtime hours were worked.

1. Piece-work. For any piece-work employees, the employer must compute an effective hourly rate for each employee each week based upon the employee’s piece-work earnings for that week. To compute the effective hourly rate, divide the piece-work earnings by the total number of hours worked, including consideration for any overtime hours.

The effective hourly rate must be reflected on the certified payroll and this hourly rate may be no less than the wage rate (including fringe benefits, if any) on the wage decision for the classification of work performed. It does not matter that the effective hourly rate changes from week-to-week, only that the rate is no less than the rate on the wage decision for the classification of work performed.

f. Gross wages earned. Show the gross amount of wages earned for work performed on this project. Note: For employees with work hours and earnings on other projects, you may show gross wages for this project over gross earnings all projects (for example, $425.40/$764.85) and base deductions and net pay on the “all projects” earnings.

Remember, the overtime rate is computed at one and one-half times the basic rate of pay plus any fringe benefits. For example, if the wage decision requires $10/hour basic plus $5/hour fringe benefits, the overtime rate would be: ($10 x 1 ½) + $5 = $20/hour.

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g. Deductions. Show the amounts of any deductions from the gross earnings. “Other” deductions should be identified (for example, Savings Account or Loan Repayment). Any voluntary deduction (that is, not required by law or by an order of a proper authority) must be authorized in writing by the employee or provided for in a collective bargaining (union) agreement. A short note signed by the employee is all that is needed and should accompany the first payroll on which the other deduction appears.

h. Net pay. Show the net amount of wages paid.

i. Statement of compliance. The Statement of Compliance is the certification. It is located on the reverse side of a standard payroll form (WH-347). Be sure to complete the identifying information at the top, particularly if you are attaching the Statement of Compliance to an alternate payroll form such as a computer payroll. Also, you must check either 4(a) or 4(b) if the wage decision contains a fringe benefit. Checking 4(a) indicates that you are paying required fringe benefits to approved plans or programs; and 4(b) indicates that you are paying any required fringe benefit amounts directly to the employee by adding the fringe benefit rate to the basic hourly rate of pay. If you are paying a portion of the required fringe benefit to programs and the balance directly to the employee, explain those differences in box 4(c).

j. Signature. Make sure the payroll is signed with an original signature in ink. The payroll must be signed by a principal of the firm (owner or officer such as the president, treasurer or payroll administrator) or by an authorized agent (a person authorized by a principal in writing to sign the payroll reports). Signature authorization (for persons other than a principal) should be submitted with the first payroll signed by such an agent. Signatures in pencil; signature stamps; xerox, pdf and other facsimiles are not acceptable.

Only one employee authorization is needed for recurring (e.g., weekly) other deductions. Written employee authorization is not required for income tax and Social Security deductions.

Only one Statement of Compliance is required for each employer’s weekly payroll no matter how many pages are needed to report the employee data.

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SECTION III - PAYROLL REVIEWS AND CORRECTIONS

2-6 COMPLIANCE REVIEWS.

The contract administrator or other inspector may visit the project site and interview some of the workers concerning their employment on the project. The DOL may also independently conduct its own reviews (see 1-5). In addition, the contract administrator will periodically review payrolls and related submissions, comparing the interview information to the payrolls, to ensure that the labor standards requirements have been met. You will be notified by the contract administrator if these reviews find any discrepancies or errors. You will be given instructions about what steps must be taken to correct any problems.

a. On-site interviews. Every employer (contractor, subcontractor, etc.) must make their employees available for interview at the job site with the contract administrator or other agency representative, or HUD or DOL representative. The interviews are confidential and the employee will be asked about the kind of work they perform and their rate of pay. Every effort will be made to ensure that these interviews cause as little disruption as possible to the on-going work. The interviewer will record the interview information, usually on a form HUD-11, Record of Employee Interview, and forward the interviews to the contract administrator.

b. Project payroll reviews. The contract administrator will compare the information on the interview forms to the corresponding payrolls to ensure that the workers are properly listed on the payrolls for the days and hours worked on the job site, work classification and rate of pay. The contract administrator will also review the payroll submissions to make certain that the payrolls are complete and signed; that employees are paid no less than the wage rate for the work classification shown; apprentice and trainee certifications are submitted (where needed); employee or other authorizations for other deductions are submitted (where needed); etc.

2-7 TYPICAL PAYROLL ERRORS AND REQUIRED CORRECTIONS.

The following paragraphs describe common payroll errors and the corrective steps you must take.

a. Inadequate payroll information. If an alternate payroll format used by an employer (such as some computer payrolls) is inadequate, e.g., does not contain all of the necessary information that would be on the optional form WH-347, the employer will be asked to resubmit the payrolls on an acceptable form.

b. Missing identification numbers. If the first payroll on which an employee appears does not contain the employee’s individually identifying number, the employer will be asked to supply the missing information. This information can be reported on the next payroll submitted by the employer if the employer is still working on the project. Otherwise, the employer will be asked to submit a correction certified payroll.

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c. Incomplete payrolls. If the information on the payroll is not complete, for example, if work classifications or rates of pay are missing, the employer will be asked to send a correction certified payroll.

d. Classifications. If the payrolls show work classifications that do not appear on the wage decision, the employer will be asked to reclassify the employees in accordance with the wage decision or the employer may request an additional classification and wage rate (see 2-2). If reclassification results in underpayment (i.e., the wage rate reported on the payroll is less than the rate required for the new classification), the employer will be asked to pay wage restitution to all affected reclassified employees. (see 2-8 for instructions about wage restitution.)

e. Wage rates. If the wage rates on the payroll are less than the wage rates on the wage decision for the work classifications reported, the employer will be asked to pay wage restitution to all affected employees.

f. Apprentices and trainees. If a copy of the employee’s registration or the approved program ratio and wage schedule are not submitted with the first payroll on which an apprentice or trainee appears, the employer will be asked to submit a copy of each apprentice’s or trainee’s registration and/or the approved program ratio and wage schedule. If the ratio of apprentices or trainees to journeymen on the payroll is greater than the ratio in the approved program, the employer will be asked to pay wage restitution to any excess apprentices or trainees. Also, any apprentice or trainee that is not registered in an approved program must receive the journeyman’s wage rate for the classification of work they performed.

g. Overtime. If the employees did not receive at least time and one-half for any overtime hours worked on the project, the following will occur:

1. If the project is subject to CWHSSA overtime requirements, the employer will be asked to pay wage restitution for all overtime hours worked on the project. The employer may also be liable to the United States for liquidated damages computed at $10 per day per violation. Or,

2. If the project is not subject to CWHSSA, the employer will be notified of the possible FLSA overtime violations. Also, the contract administrator may refer the matter to the DOL for further review.

h. Computations. If the payroll computations (hours worked times rate of pay) or extensions (deductions, net pay) show frequent errors, the employer will be asked to take greater care. Wage restitution may be required if underpayments resulted from the errors.

i. Deductions. If there are any “Other” deductions that are not identified, or if employee authorization isn’t provided, or if there is any unusual (very high, or large number) deduction activity, the employer will be asked to identify the deductions, provide employee authorization or explain unusual deductions, as necessary.

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j. Fringe benefits. If the wage decision contains fringe benefits but the payroll does not indicate how fringe benefits were paid [neither 4(a) nor 4(b) is marked on the Statement of Compliance], the employer may be asked to submit correction certified payrolls and will be required to pay wage restitution if underpayments occurred. However, if the basic hourly rates for the employees are at least as much as the total wage rate on the wage decision (basic hourly rate plus the fringe benefit rate), no correction is necessary.

k. Signature. If the payroll Statement of Compliance is not signed or is missing, the employer will be asked to submit a signed Statement of Compliance for each payroll affected. If the Statement of Compliance is signed by a person who is not a principle of the firm and that person has not been authorized by principle to sign, the employer will be asked to provide an authorization or to resubmit the Statement(s) of Compliance bearing the signature of a principle or other authorized signatory.

l. On-site interview comparisons. If the comparison of on-site interviews to the payrolls indicates any discrepancies (for example, the employee does not appear on the payroll for the date of the interview), the employer will be asked to submit a correction certified payroll report.

m. Correction certified payroll. Any and all changes to data on a submitted payroll report must be reported on a certified correction payroll. In no case will a payroll report be returned to the prime contractor or employer for revision.

2-8 RESTITUTION FOR UNDERPAYMENT OF WAGES.

Where underpayments of wages have occurred, the employer will be required to pay wage restitution to the affected employees. Wage restitution must be paid promptly in the full amounts due, less permissible and authorized deductions. All wages paid to laborers and mechanics for work performed on the project, including wage restitution, must be reported on a certified payroll report.

a. Notification to the Employer/Prime contractor. The contract administrator will notify the employer and/or prime contractor in writing of any underpayments that are found during payroll or other reviews. The contract administrator will describe the underpayments and provide instructions for computing and documenting the restitution to be paid. The employer/prime contractor is allowed 30 days to correct the underpayments. Note that the prime contractor is responsible to the contract administrator for ensuring that restitution is paid. If the employer is a subcontractor, the subcontractor will usually make the computations and restitution payments and furnish the required documentation through the prime contractor.

HUD does not enforce or attempt to provide advice on employer obligations to make deductions from employee earnings for taxes or Social Security. However, HUD may refer to the IRS or other responsible agency copies of certified payroll reports that show wages paid in gross amounts (i.e., without tax deduction) for its review and appropriate action.

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b. Computing wage restitution. Wage restitution is simply the difference between the wage rate paid to each affected employee and the wage rate required on the wage decision for all hours worked where underpayments occurred. The difference in the wage rates is called the adjustment rate. The adjustment rate times the number of hours involved equals the gross amount of restitution due. You may also compute wage restitution by calculating the total amount of Davis-Bacon wages earned and subtracting the total amount of wages paid. The difference is the amount of back wages due.

c. Correction certified payrolls. The employer will be required to report the restitution paid on a correction certified payroll. The correction payroll will reflect the period of time for which restitution is due (for example, Payrolls #1 through #6; or a beginning date and ending date). The correction payroll will list each employee to whom restitution is due and their work classification; the total number of work hours involved (daily hours are usually not applicable for wage restitution); the adjustment wage rate (the difference between the required wage rate and the wage rate paid); the gross amount of restitution due; deductions and the net amount actually paid. A properly signed Statement of Compliance must accompany the correction payroll.

d. Review of correction CPR. The contract administrator will review the correction certified payroll to ensure that full restitution was paid. The prime contractor shall be notified in writing of any discrepancies and will be required to make additional payments, if needed, documented on a correction certified payroll within 30 days.

e. Unfound workers. Sometimes, wage restitution cannot be paid to an affected employee because, for example, the employee has moved and can’t be located. After wage restitution has been paid to all of the workers who could be located, the employer must submit a list of any workers who could not be found and paid (i.e., unfound workers) providing their names, Social Security Numbers, last known addresses and the gross amount due. In such cases, at the end of the project the prime contractor will be required

HUD no longer requires the signature of the employee on the correction payroll to evidence employee receipt of restitution payment. In addition, except in the most extraordinary cases, HUD no longer requires employers to submit copies of restitution checks (certified, cashiers, canceled or other), or employee-signed receipts or waivers.

The contract administrator may communicate directly with a subcontractor when the underpayments are plainly evident and the subcontractor is cooperative. It is best to work through the prime contractor when the issues are complex, when there are significant underpayments and/or the subcontractor is not cooperative. In all cases, the subcontractor must ensure that the prime contractor receives a copy of the required corrective documentation.

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to place in a deposit or escrow account an amount equal to the total gross amount of restitution that could not be paid because the employee(s) could not be located. The contract administrator will continue attempts to locate the unfound workers for 3 years after the completion of the project. After 3 years, any amount remaining in the account for unfound workers will be credited and/or forwarded by the contract administrator to HUD.

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CHAPTER 3 LABOR STANDARDS DISPUTES, ADMINISTRATIVE REVIEWS, WITHHOLDING, DEPOSITS AND ESCROW ACCOUNTS, AND SANCTIONS

WHAT HAPPENS WHEN THINGS GO WRONG? 3-1 INTRODUCTION.

Even in the best of circumstances, things can go wrong. In a Davis-Bacon context, “things going wrong” usually means there’s a difference of opinion or a dispute about whether and to what extent underpayments have occurred. These disputes are usually between the contract administrator and one or more employers (the prime contractor and/or a subcontractor). The dispute may involve something simple such as an additional classification request that is pending before the DOL; or something as significant as investigative findings following a complaint of underpayment. This chapter discusses some of what you may expect and what you can do to make your views known and to lessen any delays in resolving the problem or issue.

3-2 ADMINISTRATIVE REVIEW ON LABOR STANDARDS DISPUTES.

As mentioned in the Introduction above, a dispute about labor standards and compliance can arise for a number of reasons. The labor standards clauses in your contract and DOL regulations provide for administrative review of issues where there is a difference of views between the contract administrator and any employer. The most common circumstances include:

a. Additional classifications and wage rates. Additional classification and wage rate requests are sometimes denied by the DOL. An employer that is dissatisfied with the denial can request reconsideration by the DOL Wage and Hour Administrator. The employer may continue to pay the wage rate, as requested, until a final decision is rendered on the matter. When the final decision is known, the employer will be required to pay any additional wages that may be necessary to satisfy the wage rate that is established.

1. Reconsideration. The DOL normally identifies the reasons for denial in its response to the request. Any interested person (for example, the contract administrator, employer, representatives of the employees) may request reconsideration of the decision on the additional classification request. The request for reconsideration must be made in writing and must thoroughly address the denial reasons identified by the DOL. Employer requests for reconsideration should be made through the contract administrator but may be made directly to the DOL. (See 2-2(d), and also DOL Regulations 29 CFR 1.8.) All requests initiated by or made through the contract administrator or HUD must be submitted through the HUD Headquarters Office of Labor Relations.

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2. Administrative Review Board. Any interested party may request a review of the Administrator’s decision on reconsideration by the DOL’s Administrative Review Board. DOL regulations 29 CFR Part 7 explain the procedures for such reviews. (See also 29 CFR 1.9.)

b. Findings of underpayment. Compliance reviews and other follow-up enforcement actions may result in findings of underpayment. The primary goal in every case and at every step in this process is to reach agreements about who may have been underpaid and how much wage restitution may be due and, of course, to promptly deliver restitution to any underpaid workers. The contract administrator will usually work informally with you to reach such agreements. You will have an opportunity to provide additional information to the contract administrator that may explain apparent inconsistencies and/or resolve the discrepancies.

If informal exchanges do not result in agreement, the final determination and schedule of back wages due will be presented to you in writing and you will be permitted 30 days in which to correct the underpayment(s) or to request a hearing on the matter before the DOL. The request for hearing must be made in writing through the contract administrator and must explain what findings are in dispute and the reasons. In such cases, HUD is required to submit a report to DOL for review and further consideration. All requests for DOL hearing must be submitted through the HUD Headquarters Office of Labor Relations.

1. DOL review. The DOL will review the contract administrator’s report and the arguments against the findings presented in the hearing request. The DOL may affirm or modify the findings based upon the materials presented. You will be notified in writing by the DOL of the results of its review. If DOL concludes that violations have occurred, you will be given an opportunity to correct any underpayments or to request a hearing before a DOL Administrative Law Judge (ALJ). (See DOL Regulations 29 CFR 5.11 (b) and 29 CFR Part 6, Rules of Practice for Administrative Proceedings.)

2. Administrative Review Board. Contractors and/or subcontractors may request a review by the Administrative Review Board of the decision(s) rendered by the DOL ALJ in the administrative hearing process. See DOL regulations 29 CFR Part 7 for more information about this proceeding.

3-3 WITHHOLDING.

The contract administrator shall cause withholding from payments due to the prime contractor to ensure the payment of wages which are believed to be due and unpaid, for example, if wage underpayments or other violations are not corrected within 30 days after written notification to the prime contractor. DOL may also direct the withholding of contract payments for alleged wage underpayments. Withholding is considered to be serious and is not taken unless warranted. If withholding is deemed necessary, you will be notified in writing. Only the amounts needed to meet the contractor’s (and/or subcontractors’) liability shall be withheld.

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3-4 DEPOSITS AND ESCROWS.

In every case, we attempt to complete compliance actions and resolve any disputes before the project is completed and final payments are made. Sometimes, corrective actions or disputes continue after completion and provisions must be made to ensure that funds are available to pay any wage restitution that is ultimately found due. In these cases, we allow projects to proceed to final closing and final payments provided the prime contractor deposits an amount equal to the potential liability for wage restitution and liquidated damages, if necessary, in a special account. The deposit or escrow account is controlled by the contract administrator. When a final decision is rendered, the contract administrator makes disbursements from the account in accordance with the decision. Deposit/escrow accounts are established for one or more of the following reasons:

a. Where the parties have agreed to amounts of wage restitution that are due but the employer hasn’t furnished evidence yet that all of the underpaid workers have received their back wages, e.g., some of the workers have moved and could not be located. The amount of the deposit is equal to the total gross amount of restitution due to workers lacking payment evidence. As these workers are paid and proper documentation is provided to the contract administrator, amounts corresponding to the documented payments are returned to the depositor. Amounts for any workers who cannot be located are held in the deposit/escrow account for three years and disposed as described in 2-8(f) of this Guide.

b. Where underpayments are suspected or alleged and an investigation has not yet been completed. The deposit is equal to the amount of wage restitution and any liquidated damages, if applicable, that are estimated to be due. If the final determination of wages due is less than the amount estimated and placed in the escrow account, the escrow will be reduced to the final amount and the difference will be returned to the depositor.

If the parties agree to the investigative findings, the amounts due to the workers will be paid by the employer. As these workers are paid and proper documentation is provided to the contract administrator, the gross amounts corresponding to the documented payments are returned to the depositor.

1. If the employer is unable to make the payments to the workers, e.g., lacks the funds necessary, the contract administrator may make disbursements directly to the workers in the net amounts calculated by the employer. The amounts withheld from the workers for tax deduction will be returned to the employer as payments to workers are made. The employer shall be responsible for reporting and transmitting withholdings to the appropriate agencies.

Remember, the prime contractor is responsible and will be held liable for any wage restitution that is due to any worker employed in the construction of the project, including workers employed by subcontractors and any lower-tier subcontractors. See 1-4, Responsibility of the Principal Contractor, and 2-8, Restitution for Underpayment of Wages.

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2. If the employer is not cooperating in the resolution, the contract administrator shall make disbursements to the workers in accordance with the schedule of wages due. Amounts for unfound workers will be retained as described above (See 2-8(f) and 3-4(a)).

If the parties do not agree and an administrative hearing is requested, the escrow will be maintained as explained in 3-4(c), below.

c. Where the parties are waiting for the outcome of an administrative hearing that has been or will be requested contesting a final determination of wages due. The deposit shall be equal to the amount of wage restitution and liquidated damages, if applicable, that have been determined due. Once a final decision is rendered, disbursements from the escrow account are made in accordance with the decision.

3-5 ADMINISTRATIVE SANCTIONS.

Contractors and/or subcontractors that violate the labor standards provisions may face administrative sanctions imposed by HUD and/or DOL.

a. DOL debarment. Contractors and/or subcontractors that are found by the Secretary

of Labor to be in aggravated or willful violation of the labor standards provisions of the Davis-Bacon and Related Acts (DBRA) will be ineligible (debarred) to participate in any DBRA or Davis-Bacon Act contracts for up to 3 years. Debarment includes the contractor or subcontractor and any firm, corporation, partnership or association in which the contractor or subcontractor has a substantial interest. Debarment proceedings can be recommended by the contract administrator or can be initiated by the DOL. Debarment proceedings are described in DOL regulations 29 CFR 5.12.

b. HUD sanctions. HUD sanctions may include Limited Denials of Participation (LDPs), debarments and suspensions.

1. Limited Denial of Participation. HUD may issue to the employer a limited denial of participation (LDP) which prohibits the employer from further participation in HUD programs for a period up to one year. The LDP is usually effective for the HUD program in which the violation occurred and for the geographic jurisdiction of the issuing HUD Office. HUD regulations concerning LDP’s are found at 24 CFR 24.700-24.714.

Remember, if you have any questions or need assistance concerning labor standards requirements help is always available. Contact the contract administrator for the project you’re working on or the HUD Field Labor Relations staff in your area.

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2. Debarment and suspensions. In certain circumstances, HUD may initiate its own debarment or suspension proceedings against a contractor and/or subcontractor in connection with improper actions regarding Davis-Bacon obligations. For example, HUD may initiate debarment where a contractor has been convicted for making false statements (such as false statements on certified payrolls or other prevailing wage certifications) or may initiate suspension where a contractor has been indicted for making false statements. HUD regulations concerning debarment and suspension are found at 24 CFR Part 24.

3-6 FALSIFICATION OF CERTIFIED PAYROLL REPORTS.

Contractors and/or subcontractors that are found to have willfully falsified payroll reports (Statements of Compliance), including correction certified payroll reports, may be subject to civil or criminal prosecution. Penalties may be imposed of $1,000 and/or one year in prison for each false statement (see Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code).

Remember, if you have any questions or need assistance concerning labor standards requirements help is always available. Contact the contract administrator for the project you’re working on or the HUD Field Labor Relations staff in your area.

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ACRONYMS AND SYMBOLS

CDBG - Community Development Block Grant

CFR - Code of Federal Regulations

CPR - Certified Payroll Report

CWHSSA - Contract Work Hours and Safety Standards Act

DBA - Davis-Bacon Act

DBRA - Davis-Bacon and Related Acts

DOL - Department of Labor

FHA - Federal Housing Administration

FLSA - Fair Labor Standards Act

HUD - Housing and Urban Development (Department of)

IHA - Indian Housing Authority

LCA - Local Contracting Agency

LDP - Limited Denial of Participation

O/T - Overtime

PHA - Public Housing Agency

S/T - Straight-time

SAC - State Apprenticeship Council/Agency

TDHE - Tribally-Designated Housing Entity

§ - Section

¶ - Paragraph

A-2

DAVIS-BACON - RELATED WEB SITES*

HUD Office of Labor Relations: www.hud.gov/offices/olr

HUD Regulations: http://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR

HUDClips (HUD Forms and Publications): www.hud.gov/offices/adm/hudclips/index.cfm

DOL Davis-Bacon and Related Acts Homepage: http://www.dol.gov/whd/contracts/dbra.htm

DOL Regulations: http://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR

Davis-Bacon Wage Decisions: www.wdol.gov

DOL Forms: www.dol.gov/whd/programs/dbra/forms.htm

*Web addresses active as of January 2012

A-3

Project Wage Rate SheetU.S. Department of Housing and Urban Development Office of Labor Relations

Project Name: Wage Decision Number/Modification Number:

Project Number: Project County:

Work Classification

Basic Hourly Rate (BHR)

Fringe Benefits

Total Hourly Wage Rate

LaborersFringe Benefits

$

Bricklayers $ Group # BHR Total Wage

Carpenters $ $

Cement Masons $ $

Drywall Hangers $ $

Electricians $ $

Iron Workers $ $

Painters $ Operators Fringe Benefits: $

Plumbers $ Group # BHR Total Wage

Roofers $ $

Sheet Metal Workers $ $

Soft Floor Workers $ $

Tapers $ $

Tile Setters $ Truck Drivers Fringe Benefits: $

Other Classifications Group # BHR Total Wage

$

$

$

Additional Classifications (HUD Form 4230-A)

Work Classification

Basic Hourly Rate (BHR)

Fringe Benefits

Total Hourly Wage Rate

Date ofHUD Submissionto DOL

Date of DOLApproval

$

$

$

A-4

A-5

U.S. Department of Housing and Urban DevelopmentOffice of Departmental Operations and CoordinationWashington, DC 20410

Email: www.OfficeofLaborRelations@hud.gov

Labor Relations Desk GuideLR01.DG

EXHIBITS

WEATHERWELD ASBESTOS REPORT FOR ACTIVITY CENTER

AND SPORTS CENTER

CITY OF VICTORVILLE WESTWINDS ACTIVITY CENTER

Prepared For: Prepared By:

EDDIE GLEASON

(760) 955-5256

EGLEASON@VICTORVILLE.GOV

MICHAEL JONES

Roof Management Report

CITY OF VICTORVILLE: WESTWINDS ACTIVITY CENTER

BUILDING SUMMARY

BUILDING INFOMATION

BUDGET/SCOPE OF WORK

OWNER: City of Victorville ADDRESS: 14343 Civic Drive, Victorville CA 92392

CONTACT: Eddie Gleason

PHONE: (760) 955-5256

ROOFTOP INSPECTION INSPECTION DATE: 08/12/2021 CORE SAMPLE: Yes

INSPECTION TYPE: Visual DECK CONDITION: Poor

ROOF LEAK DATA: Yes SOURCE: Owner

PROJECT: City of Victorville BUILDING: Westwinds Activity Center

ADDRESS: 18040 George Blvd

Victorville, CA 92394

AGE SQ. FT. ACCESS SLOPE HEIGHT

20+ 6,035 Ladder 1/4”-12” 25”

ROOF SYSTEM TYPE LAYERS ATTACHMENT THICKNESS

DECK: Plywood 1 Mechanical ¼”

INSULATION: N/A - - -

EXISTING: Built-Up 1 Mechanical 4 Ply

EXISTING ROOF TYPE / RATING

DECK: Poor

FIELD – EXISTING ROOF: Poor

FIELD SEAMS – EXISTING ROOF: Poor

PERIMETER – EXISTING ROOF: Poor

PENETRATIONS – EXISTING

ROOF: Poor

WALLS – EXISTING: N/A

DRAINS: N/A

SKYLIGHTS: N/A

COUNTER FLASHINGS: N/A

DEBRIS ON ROOF: No

PONDING WATER: Yes

OTHER N/A

DETAILS

PERIMETER: Built-Up Edge

FLASHING: N/A

DRAINAGE: Gutter

ROOFTOP EQUIPMENT/ACCESSORIES

TYPE QTY.

MECHANICAL EQUIPMENT: HVAC 4

PENETRATIONS: Pipes & Vents Multiple

PERIMETER GUTTER: Edge Mounted Perimeter

APPROXIMATE TOTAL (+/-15%) WEATHERWELD ROOF SYSTEM WARRANTY LENGTH

$120,700.00 NCN-1B-16-30-A 30 Years

3

CITY OF VICTORVILLE: WESTWINDS ACTIVITY CENTER

INSPECTION PHOTOS

Westwinds Activity Center has a flat roof that appears to be over 20 years old.

The building has a plywood roof deck and a four-ply built up roof system installed.

4

CITY OF VICTORVILLE: WESTWINDS ACTIVITY CENTER

INSPECTION PHOTOS

The roofing system consists of a mechanically attached built-up roof system that is deteriorated and losing it ability to keep the building watertight. As a built-up roof ages, the sun starts degrading the field layers and

the felts and asphalt start to degrade.

Typically, built-up roofs last between 12 and 15 years, then deteriorate. The existing roof has been patched

with repair materials and the edge terminations are starting to fail.

5

CITY OF VICTORVILLE: WESTWINDS ACTIVITY CENTER

INSPECTION PHOTOS

Air conditioner equipment appears to be large units that are installed onto curbs. The client has stated

that two of the four units are to be removed. This photo shows how small the existing curbs are and it is recommended to raise the curbs of the units that are to stay on the roof.

The roofing material installed on the curbs has been patched several times with different types of repair

materials.

6

CITY OF VICTORVILLE: WESTWINDS ACTIVITY CENTER

INSPECTION PHOTOS

Comprehensive maintenance is needed to ensure rooftop equipment is watertight. Due to the number

of seams and the constant need for reoccurring patching and maintenance, a long-term solution should be considered.

The roof has several penetrations. The roof system relies on repair materials to bridge the gap between

the roof and penetrations. This is a design flaw in the existing roof system.

7

CITY OF VICTORVILLE: WESTWINDS ACTIVITY CENTER

INSPECTION PHOTOS

The building drains off the edge to edge mounted gutters that are in poor condition. The building’s roof

system has been repaired many times especially along the edge and has lost most of the cap sheet. The roof is deteriorated and has lost its strength and is allowing water under the cap sheet.

The roof has deck damage along all the edges of the building. The building is reported to have asbestos in

the roof assembly and considering the deck must be repaired along edges, it is recommended to tear off this roof and start over.

8

CITY OF VICTORVILLE: WESTWINDS ACTIVITY CENTER

INSPECTION PHOTOS

The facia on the outside of building is deteriorated and must be replaced.

9

CITY OF VICTORVILLE: WESTWINDS ACTIVITY CENTER

ROOFTOP CONDITIONS During the on-site inspection, the following conditions / deficiencies were noted:

GENERAL

FIELD

The original built-up roof is designed with 3-foot-wide rolls and adhered in hot asphalt. These roofs typically last between 12 and 15 years before the material becomes brittle and the seams start to delaminate.

Repairs:

There are multiple repairs to the existing roof and equipment penetration flashings that have been installed throughout the roof system’s life. The repairs are made due to age and failure of the existing roof.

PERIMETER

The perimeter consists of the same built-up roof as the field and has a sheet metal edge termination.

PENETRATIONS

The roof has several vent and pipe penetrations. The roof system relies on repair materials to bridge the gap between the roof and penetrations. This is a design flaw in the existing roof system.

The HVAC units are curb-mounted with internal ducts. The condition of HVAC units is unknown.

Several blocks that stand off pipes from the roof are solidly tied-in to the roofing system. Over time, the pipes have moved and have broken away from the supports. This is a cause of roof leaks into the building. The equipment flashings and pipe penetrations show signs of cracking and deterioration due to age.

DRAINS

The building drains the gutters that are edge mounted at perimeter of the building. The existing gutters are either missing or shows signs of deterioration and rust. Replacement is necessary during roof work.

The existing fascia is deteriorated and must be replaced.

Ponding Water:

There is ponding water at drainage edge which has caused deck damage. Damaged deck must be replaced after roof is removed.

10

CITY OF VICTORVILLE: WESTWINDS ACTIVITY CENTER

SUMMARY OF WORK

SCOPE OF WORK

Westwinds Activity Center FIELD

1. Remove existing roof

2. Remove asbestos

3. Install new edge metal

4. Install new gutters

5. Install new facia

6. Raise equipment curbs

Line items are extra and not included in the base estimate

GENERAL - ENTIRE ROOF

1. Install WeatherWeld NCN-1B-16-30-A

2. Install Title 24 Cool Roof Reflective Coating

Thank you for the opportunity to submit this report. The representative for this project is Michael Jones and he can be reached at (888) 440-3224 or on his cell phone at (951) 285-5488.

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07 56 00-1

SECTION 07 56 00

FLUID APPLIED ROOFING

PART 1 GENERAL

1.1 SECTION INCLUDES

A. Seamless Fluid Applied Composite Roofing Systems.

B. Roof Flashings.

C. Roof Accessories.

1.2 RELATED SECTIONS

A. Section 06 10 00 - Rough Carpentry.

B. Section 07 62 00 - Sheet Metal Flashing and Trim.

C. Section 07 72 00 - Roof Accessories.

D. Section 22 30 00 - Plumbing Equipment.

E. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section.

1.3 REFERENCES

A. National Roofing Contractors Association (NRCA) Roofing and Waterproofing Manual.

B. ASTM International (ASTM): 1. ASTM C 728 - Standard Specification for Perlite Thermal Insulation Board. 2. ASTM D 570 - Standard Test Method for Water Absorption of Plastics. 3. ASTM D 1079 - Standard Terminology Relating to Roofing, Waterproofing, and

Bituminous Materials. 4. ASTM D1227 - Standard Specification for Emulsified Asphalt Used as a

Protective Coating for Roofing. 5. ASTM D 2523 - Standard Practice for Testing Load-Strain Properties of Roofing

Membranes. 6. ASTM D 3019 - Standard Specification for Lap Cement Used with Asphalt Roll

Roofing, Non-Fibered, and Fibered.

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7. ASTM D 3909 - Standard Specification for Asphalt Roll Roofing (Glass Felt) Surfaced with Mineral Granules.

8. ASTM D 4263 - Standard Test Method for Indicating Moisture in Concrete by the Plastic Sheet Method.

9. ASTM D 4830 - Standard Test Methods for Characterizing Thermoplastic Fabrics Used in Roofing and Waterproofing.

10. ASTM E 108 - Standard Test Methods for Fire Tests of Roof Coverings. 11. ASTM E 548 - Standard Guide for General Criteria Used for Evaluating

Laboratory Competence. 12. ASTM E 1980 - Standard Practice for Calculating Solar Reflectance Index of

Horizontal and Low-Sloped Opaque Surfaces.

C. Underwriters Laboratories (UL): ANSI/UL 790 - Standard Test Methods of Roof Coverings.

D. Underwriters Laboratories (UL) - Roofing Systems and Materials Guide.

E. CRRC - Cool Roof Rating Council.

F. California Building Standards Code - Title 24.

G. Sheet Metal and Air Conditioning Contractors National Association, 1nc. (SMACNA) - Architectural Sheet Metal Manual.

1.4 DEFINITIONS

A. Roofing Terminology: Refer to ASTM D 1079 and glossary of NRCA's "The NRCA Roofing and Waterproofing Manual" for definition of terms related to Work in this Section.

1.5 PERFORMANCE REQUIREMENTS

A. General: Provide watertight roofing membrane and flashing system that does not permit the passage of water, resists uplift pressures specified in this section, and is capable of withstanding thermally induced movement and exposure to weather without failure.

B. Energy Performance: 1. Low-Slope Roofs: Provide roofing system with Solar Reflectance Index not less

than 78 when calculated according to ASTM E 1980, based on testing identical products by a qualified testing agency.

2. Roof membrane finish must comply with current California Title 24 Part 6 requirements: a. Minimum three (3) year aged solar reflectance: 0.55. b. Minimum Thermal Emittance: 0.75.

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C. Wind Resistance: Provide roofing membrane, base flashings and componentmaterials that comply with requirements in FMG 4450, FMG 4470, UL 580 or UL1897 as part of a membrane roofing system.1. Wind Load Resistance: 1-90

D. Fire-Test-Response Characteristics: Provide roofing materials with the fire-test-response characteristics indicated as determined by testing identical products pertest method below by UL, FMG or another testing and inspecting agency acceptableto authorities having jurisdiction. Materials shall be identified with appropriatemarkings of applicable testing and inspecting agency.1. Exterior Fire-Test Exposure: Class A ASTM E 108 for application and roof

slopes indicated.

1.6 SUBMITTALS

A. Submit in accordance with Section 01 30 00 - Administrative Requirements.

B. Product Data: For each product note in this section, submit printed or digital copiesof manufacturers product information including the following:1. Printed affirmation of performance characteristics.2. Roofing system design.3. Application Instructions.4. Technical Data Sheets.5. Material Safety Data Sheets.

C. Shop Drawings: Provide plan, elevation, section and isometric drawings outliningwaterproofing conditions at transitions, terminations, penetrations andattachments to adjacent work.

D. Product Test Reports: Based on evaluation of comprehensive tests performed bymanufacturer and witnessed by a qualified testing agency, for components of theroofing system.

E. Research & Evaluation Reports: For components of the roofing system.1. Include report from UL, ICC, FMG or another testing and inspecting agency

acceptable to authorities having jurisdiction, stating entire system meets fire-test-response characteristics listed.

1.7 QUALITY ASSURANCE

A. Installer Qualifications: Installer must be authorized by roofing systemmanufacturer to perform all Work specified in this section and provide an executedmanufacturer's warranty.

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07 56 00-4

B. Manufacturer Qualifications: A qualified manufacturer that has UL listing for roofing system identical to that used for this project.

C. Testing Agency Qualifications: An independent testing agency with the experience and capability to conduct the testing indicated, as documented according to ASTM E 548.

D. Source Limitations: Obtain components for roofing system approved by roofing system manufacturer.

1.8 PRE-INSTALLATION CONFERENCE

A. Prior to commencement of Work, conduct a conference at project site. Comply with the requirements of Section 01 31 00 - Project Management and Coordination. Review and affirm methods and procedures related to the work specified in this section, including but not limited to the following: 1. Meet with owner, architect, owner's insurer if applicable, testing and

inspecting agency representative, roofing installer, roofing system manufacturer’s representative, deck installer, and installers whose work interfaces with or affects roofing, including installers of roof accessories and roof-mounted equipment.

2. Review methods and procedures related to roofing installation, including the manufacturer's written instructions.

3. Review and finalize construction schedule and verify availability of materials, installer's personnel, equipment and facilities needed to make progress and avoid delays.

4. Examine deck substrate conditions and finishes for compliance with requirements, including flatness and fastening.

5. Review structural loading limitations of roof deck during and after roofing. 6. Review base flashings, special roofing details, roof drainage, roof

penetrations, equipment curbs and condition of other construction that will affect roofing system.

7. Review governing regulations and requirements for insurance and certificates, if applicable.

8. Review temporary protection requirements for roofing system during and after installation.

9. Review roof observation and repair procedures after roofing installation.

1.9 DELIVERY, STORAGE, AND HANDLING

A. Deliver materials to project site in original containers, with seals unbroken, and labeled with manufacturer's name, product brand name and type, date of

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07 56 00-5

manufacture, and directions for storage. For bulk-delivered materials, identify manufacturer’s name and product designation with delivery receipts and material manifests.

B. Store liquid materials in their original, undamaged containers in a clean, dry and protected location, and within the temperature range required by roofing system manufacturer. Protect stored liquid material from direct sunlight.

C. Discard and legally dispose of liquid material that cannot be applied within its stated shelf life.

D. Protect roofing materials from physical damage and from deterioration due to sunlight, moisture, soiling and other sources. Store in a dry location. Comply with manufacturer's written instructions for handling, storing and protecting during installation.

1.10 PROJECT CONDITIONS

A. Weather Limitations: Proceed with installation only when existing and forecast weather conditions permit roofing system to be installed according to manufacturer's written instructions and warranty requirements.

1.11 WARRANTY

A. Warranty: Manufacturer's standard form, without monetary limitation, in which manufacturer agrees to repair or replace components of roofing system within specified warranty period. 1. Warranty includes roofing membrane and base flashings. 2. Warranty Period: Forty (40) years from date of Substantial Completion.

B. Coating Warranty: Manufacturer’s standard form, without monetary limitation, in which coating manufacturer agrees to repair or replace coating that fails in materials or workmanship within specified warranty period. Failure includes shrinkage, flaking, chipping and peeling during normal wear. 1. Warranty Period: Twelve (12) years from date of Substantial Completion.

C. Project Warranty: Submit roofing installer's warranty, signed by installer, covering work of this Section, including all components of roofing system such as roofing membrane, base flashing, roof insulation, fasteners, cover boards and walkway products for the following warranty period: 1. Warranty Period: Two (2) years from date of Substantial Completion.

PART 2 PRODUCTS

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2.1 MANUFACTURERS

A. Acceptable Manufacturer: Liquiform Technologies Inc – WeatherWeld. 1. Subject to compliance with requirements, provide the following composite

roofing membrane System: NCN-1B-16-30-A. 2. Within 72 hours of the job walk, equal systems from Ecology Roof Systems or

Tremco Roofing will be considered, providing the systems meet warranty requirements, physical characteristics and do not use solvents or fire during installation.

2.2 COMPOSITE MEMBRANE SYSTEM

A. Roofing system shall comply with 2007 CBC, Chapter 15.

B. Physical Characteristics: 1. Total weight: 2.25 pounds per square foot (1.02 kg) dry. 2. Total thickness: 330 mil dry. 3. Minimum Strength: 300 psi (2068 kN/m2) per ASTM D 4830. 4. Minimum Elongation: 10% per ASTM D 4830. 5. Minimum Puncture Resistance: 700 lb. (318 kg) per ASTM D 4830. 6. Water Absorption: 1% max by weight per ASTM D 570. 7. Fire Rating: UL Class “A” assembly.

2.3 COMPOSITE MEMBRANE MATERIALS

A. Mineral Granule Surfaced Base Sheet: Glass felt impregnated asphalt roll roofing surfaced with mineral granules conforming to ASTM D 3909 Class III. 1. VOC Content (Maximum): 0 g/l.

B. Base Sheet Adhesive: General purpose roof adhesive meeting or exceeding the requirements of ASTM D 3019 Type III. 1. VOC Content (Maximum): 300 g/l. 2. Weight per Gallon: 8.3 - 8.5 Lbs (994 - 1017 g/l). 3. Solids Content by Volume: 70%.

C. Asphalt Emulsion: WeatherWeld Asphalt Emulsion meeting or exceeding the requirements of ASTM D1227. 1. VOC Content (Maximum): 0 g/L. 2. Weight: 8.5 – 9.1 Lbs./Gal. (1018 - 1089 g/l). 3. Solids Content by Volume: 49-53%.

D. Fiberglass Reinforcement (Type E): Multi-end continuous fiberglass roving designed for spray operations.

23

SECTION 07 56 00 FLUID APPLIED ROOFING

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1. Acrylic Surfacing: CA Title 24 Cool Roof Reflective Coating as supplied by the manufacturer of the membrane system. a. Solids Content by Volume: >45-50%. b. VOC Content (maximum): 400 g/l. c. Weight: 7.7 - 8.7 lbs./Gal. (922 – 1041 g/l). d. Solar Reflectance:

1) Initial: 0.53. 2) 3 Year Aging: 0.42.

e. Thermal Emittance: 1) Initial: 0.50. 2) 3 Year Aging: 0.56.

f. Solar Reflectance Index (SRI) 1) Initial: 48. 2) 3 Year Aging: 33.

2. Aluminum Coating: a. Solids Content by Volume: >22-26%. b. VOC Content (maximum): 50 g/l. c. Weight: 9.2 - 9.6 lbs. (1100 – 1150 g/l). d. Solar Reflectance:

1) Initial: 0.51. 2) 3 Year Aging: 0.50.

e. Thermal Emittance: 1) Initial: 0.55. 2) 3 Year Aging: 0.53.

f. Solar Reflectance Index (SRI) 1) Initial: 47. 2) 3 Year Aging: 44.

2.4 AUXILIARY MATERIALS

A. General: Auxiliary materials recommended by roofing system manufacturer for intended use and compatible with roofing membrane.

B. Fasteners: Factory-coated steel fasteners and metal meeting corrosion-resistance provisions in FMG 4470, designed for fastening roofing membrane components to substrate, tested by manufacturer for required pullout strength and acceptable to roofing system manufacturer.

C. Insulation Adhesive: Two-component, low-rise polyurethane foam adhesive designed to secure insulation to roof decks.

24

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D. Flashing Cement: Trowel grade SBS-modified flashing cement made from heavy-bodied asphalt reinforced with organic fibers. 1. VOC Content (Maximum): 290 g/l. 2. Weight per Gallon: 8.25 – 9.25 Lbs (988 – 1107 g/l).

E. Metal Flashing Sheet: Metal flashing sheet as specified in Division 07 Section "Sheet Metal Flashing and Trim."

F. Separation Sheet: 1. Elongation: 50%. 2. Puncture Resistance: 535 lbs. 3. Tensile Strength: 205 lbs. 4. Tear Strength: 85 lbs. 5. Weight: 8 oz/ sq. yd.

2.5 ACCESSORIES

A. General: Roofing accessories recommended by manufacturer for intended use and compatible with membrane roofing.

B. Fasteners: Factory-coated steel fasteners and metal or plastic plates meeting corrosion-resistance provisions in FMG 4470, designed for fastening roof insulation to substrate and acceptable to roofing system manufacturer.

C. Cant Strips: ASTM C 728 perlite insulation board.

D. Wood Nailer Strips: Comply with requirements in Division 06 Section “Miscellaneous Carpentry."

E. Tapered Edge Strips: ASTM C 728 perlite insulation board.

F. Substrate Joint Tape: 6 inch (152mm) or 8 inch (203mm) wide, coated, glass-fiber joint tape.

2.6 WALKWAYS

A. Walkway Pads: Mineral-granule-surfaced, reinforced asphaltic composition, slip-resisting pads, manufactured as a traffic pad for foot traffic and acceptable to roofing system manufacturer, 1/2 inch (13mm). thick, minimum. 1. Pad Size: 36 inches by 60 inches (914mm x 1524mm) minimum.

PART 3 EXECUTION

3.1 EXAMINATION

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SECTION 07 56 00 FLUID APPLIED ROOFING

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A. Examine substrates, work areas and field conditions, for compliance with the following requirements and other conditions which may affect the performance of roofing system: 1. Verify that surfaces are clean, rigid, dry, smooth and free from cracks, holes,

blisters, debris and sharp changes in elevation greater than 1/4 inch (6mm). 2. Verify that roof openings and penetrations are adequately installed, and that

roof drains are securely clamped in place. 3. Verify that cants, blocking, curbs and nailers are securely anchored and

installed in accordance with manufacturers requirements. 4. Verify that all drains and scuppers are free of ruptures and sealed on all four

sides on the exterior face of walls. 5. Verify that surface plane flatness and fastening of roof deck complies with

manufacturers requirements. 6. Verify that concrete curing compounds and any chemicals that may impair

adhesion of roofing components have been removed. 7. Verify that substrate is visibly dry and free of moisture. Test for capillary

moisture by plastic sheet method in accordance with ASTM D 4263. 8. Proceed with installation only after unsatisfactory conditions have been

corrected.

3.2 PREPARATION

A. Prior to application, clean surface with water. Where wash water must be reclaimed due to contamination concentrations, roof water collection design of the building or local ordinances. Conform to local requirements for disposal of wash water.

B. Clean substrate of dust, debris, moisture and other substances detrimental to roofing installation in accordance with the roofing system manufacturer's written instructions.

C. Remove or correct all sharp projections which may interfere with the integrity of the membrane.

D. Protect roof drains and edges during construction to prevent materials from entering roof drains and conductors or migrating onto surfaces of adjacent construction. Remove roof drain plugs when no work is taking place or when rain is forecast.

E. Protect adjacent materials and lower paving, prior to starting work, in accordance with roofing system manufacturer’s instructions.

3.3 INSULATION INSTALLATION

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A. General Requirements: 1. Comply with roofing, system and insulation manufacturers’ written

instructions and applicable recommendations of NRCA for installing roof insulation.

2. Install and secure preformed 45 degree cant strips at junctures of roofing membrane system with vertical surfaces or angle changes greater than 45 degrees.

3. Install tapered insulation under areas of roofing to conform to slopes indicated.

4. Attach insulation in accordance with the requirements of local codes necessary to achieve the required uplift pressure resistance within the field, perimeter and corners zones of each roof section.

5. Install one or more layers of insulation under area of roofing to achieve required thickness. Where overall insulation thickness is 1 1/2 inch (39mm) or greater, install two or more layers with joints of each succeeding layer staggered from joints of previous layer a minimum of 6 inch (152mm) in each direction.

6. Install insulation with long joints in a continuous straight line, staggering end joints between rows, abutting edges and ends between boards. Fill gaps exceeding 1/4 inch (6mm) with insulation.

7. Cut and fit insulation within 1/4 inch (6mm). of nailers, projections and penetrations.

8. Trim surface of insulation where necessary at roof drains so completed surface is flush and does not restrict flow of water.

B. Adhered Attachment: 1. Adhere each layer of insulation to substrate in a cold fluid-applied adhesive

approved for use by the insulation manufacturer for substrates found on this project.

2. Apply adhesive in accordance with the adhesive manufacturer’s recommendations, and immediately bond cover board to substrate.

C. Mechanically Fastened and Adhered Attachment: 1. Secure the first layer of insulation to substrates using the appropriate size and

type mechanical fastener for attaching the specified roof insulation to the substrate type.

2. Install subsequent layers of insulation in a cold fluid-applied adhesive. 3. Install cover boards over insulation with long joints in continuous and straight

lines, with end joints staggered between rows. Offset joints a minimum of 6 inch (152mm) in each direction from joints of insulation below. Loosely abut

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cover boards together. Tape joints if required by roofing system manufacturer.

4. Apply adhesive to underside and immediately bond cover board to substrate.

3.4 ROOFING MEMBRANE INSTALLATION - GENERAL

A. Install roofing membrane system according to roofing system manufacturer's written instructions and applicable recommendations of ARMA/NRCA.

B. Commence installation of roofing membrane in presence of roofing system manufacturer's technical personnel.

C. Cooperate with testing and inspecting agencies engaged or required to perform services during roofing system installation.

D. Coordinate installation so materials that will not be permanently exposed are not subject to moisture or left uncovered at the end of a workday. 1. Provide tie-offs at the end of each day's work to cover exposed roofing

membrane sheets and insulation with a course of coated felt set in roofing cement with joints and edges sealed.

2. Complete terminations and base flashings and provide temporary seals to prevent water from entering completed sections of roofing system.

3. Remove and discard temporary seals before beginning work on adjoining roofing.

E. Substrate Joint Penetrations: Prevent roofing cement from penetrating substrate joints, entering building, or damaging roofing system components or adjacent building construction.

3.5 BASE SHEET INSTALLATION

A. Install specified base sheet to provide a minimum 4 inch (103mm) head lap and minimum 6 inch (152mm) side lap.

B. Extend base sheet beyond cant strips and terminating at the top of all base flashings.

C. Mechanically anchor base sheet with fasteners specified by the manufacturer for each substrate type found on the project.

3.6 FLASHING INSTALLATION

A. Refer to the manufacturer’s application manual for flashing of specific details.

B. Materials used in these steps are in addition to the main fiberglass composite application.

28

SECTION 07 56 00 FLUID APPLIED ROOFING

Roof System: NCN-1B-16-30-A New Construction Application Over Nailable Substrates

WeatherWeld – A Division of Liquiform Technologies

07 56 00-12

C. All flashings must have a minimum 660 mil of fiberglass composite upon completion of the installation.

D. Expansion and Control Joints: Any joint in the structure intended to allow for movement must be divorced from the seamless reinforcement composite. Install an 18 inch (457mm). wide dry slip sheet consisting of inverted (mineral-side down) cap sheet, laid dry over the joint and extending 36 inches (914mm) at each end. Over the slip sheet, solidly adhere a 36 inches (914mm) polyester ply in 4 gallons per 100 square feet (1.63 L/m2) of emulsion and reinforce with 660 mil of seamless composite.

E. Base Flashings and Cant Strips: Minimum 3 inch (76mm) cant strips must be installed at base flashings, walls and curbs. Set cant in adhesive or nail every 24 inches (610mm) on center. Miter cants at ends to provide a smooth transition.

F. Corners: 20 feet (6096mm) from each inside or outside structural building corner, install a 12 inch (305mm) strip of cap sheet, laid mineral side down, dry into the base flashing half up the wall, half on the roof, to provide a slip sheet for building movement between the roof deck and vertical wall. Over the slip sheet, install an 18 inch (457mm) strip of polyester half up the vertical and half on the roof, solidly adhered in 6 gal. per 100 square feet (1.63 L/m2) of emulsion.

G. Pipe Penetrations: All penetrations must be flashed with a minimum 24 gauge galvanized sheet metal storm collars attached approximately 1 inch (25mm) above the top of the flashing boot, secured with a draw band and approved sealant.

H. Roof Drains and Scuppers: 1. Install 660 mil of fiberglass composite completely into the drain and seal to

the bowl. 2. Ensure that all field applications adhere to the sides of the drain bowl. 3. After system is dry, reinstall compression ring. 4. Wall scuppers shall be treated so that field layers of composite extend 2

inches (51mm) beyond the field applications, to adhere a minimum of 2 inches (51mm) to the metal of the inside of the scupper.

5. Plastic drains are not suitable for attachment of seamless reinforcement composite materials and are not acceptable for use in conjunction with work specified in this section.

I. Edge Flashing: 1. Install 24 gauge galvanized steel sheet drip edge flashing with rise sufficient in

width and height to tightly lay over the metal edge. Metal must be wide enough to cover any outside gap in the fascia and allow a 4 inch (102mm)

29

SECTION 07 56 00 FLUID APPLIED ROOFING

Roof System: NCN-1B-16-30-A New Construction Application Over Nailable Substrates

WeatherWeld – A Division of Liquiform Technologies

07 56 00-13

flange onto the roof deck. Lap ends a minimum of 4 inches (102mm) with sealant and fasteners.

2. Stagger field attachment on 6 inch (152mm) centers. Adhere a continuous strip of self-adhering membrane to the metal flange approximately 2 inches (51mm) from the edge and 6 inches (152mm) onto the existing roof surface.

3. Reinforce with 660 mil of seamless composite. Extend field application of composite to the outside edge of the metal flashing.

4. Ensure that composite is flush with the edge such that water does not pond.

J. Crickets: Where indicated in the contract drawings, tapered insulation crickets must be installed to eliminate ponding water.

K. Parapet Walls: 1. Apply 330 mil of composite application up and over parapet walls, extending

down the outside edge of the wall a minimum of 1 inch (13 mm). 2. Cover parapet wall tops with 330 mil of seamless composite prior to

installation of the coping. 3. Install a minimum 24 gauge metal coping cap with continuous cleat attached

on the outside of the wall to meet FM 1-90 wind uplift requirements. 4. Sheet metal joints must be field-soldered or have cover plates solidly installed

in sealant and anchored to meet FM 1-90 wind uplift requirements.

L. Concrete Masonry Unit Parapets: Apply 330 mil of seamless composite to the outside edges of concrete walls such that the seamless composite seals a minimum of 3 inches (76mm) to the CMU and forms a solid continuous seal to the top of the wall.

M. Pipe Supports: 1. All pipes 2 inches (51mm) in diameter or less must be supported with polymer

pipe supports at no greater than 8 feet (2438mm) on center. 2. Install in accordance with support manufacturer guidelines for spacing

requirements. Traffic pad cushions must be installed under pipe supports. Fasteners must not penetrate the roofing membrane.

3. All pipes over 2 inches (51mm) in diameter must be supported in movable pipe hangers or other approved support system.

3.7 SEAMLESS COMPOSITE REINFORCEMENT INSTALLATION

A. Apply one layer of the composite roofing at the following ratio: 1. Asphalt Emulsion (undiluted): 30 gal. per 100 square feet (12.25 l/m2). 2. Fiberglass Reinforcement: 16 lb. per 100 square feet (0.78 Kg/m2).

B. No water or other material may be added to the emulsion to thin or extend pot life.

30

SECTION 07 56 00 FLUID APPLIED ROOFING

Roof System: NCN-1B-16-30-A New Construction Application Over Nailable Substrates

WeatherWeld – A Division of Liquiform Technologies

07 56 00-14

C. Fiberglass must be disbursed from the applicator in varying intertwined lengths, up to 24 inches (610mm).

D. Thoroughly mix fiberglass and emulsion prior to application on roof deck.

E. Any loose strands must be brushed by hand, removed or filled-in with emulsion to create a solid surface.

F. Upon completion, no area may be less than 330 mil dry film thickness (DFT).

G. Areas such as base flashings and penetrations, where application exceeds 500 mils wet, must be brushed by hand to prevent surface crazing.

3.8 REFLECTIVE COATING INSTALLATION

A. Prior to reflective coating application, wash the roof surface with water. Do not commence application until the system has thoroughly dried, as registered by a reading of zero on a calibrated moisture meter.

B. Apply Title 24 roof coating at a minimum of 1 1/2 gal. per 100 square feet (0.6 L/m2). in each of two passes to total 3 gallons per 100 square feet. (1.2 L/m2). Back rolling is recommended to ensure even coverage throughout.

C. Apply reflective aluminum roof coating at a minimum of 1 1/2 - 2 1/2 gal. per 100 square feet. (0.6 – 1.0 L/m2). Back rolling is recommended to ensure even coverage throughout.

3.9 WALKWAY INSTALLATION

A. Walkway Pads: 1. Install walkway pads using units of size indicated on contract drawings. 2. Where not expressly specified, install manufacturer's recommended size for

the location and anticipated traffic volume. 3. Install walkway pads with a cold adhesive compatible with the membrane

specified

3.10 FIELD QUALITY CONTROL

A. Final Roof Inspection: Arrange for roofing system manufacturer's technical personnel to inspect roofing installation on completion and submit report to architect.

B. Notify architect or owner 48 hours in advance of date and time of inspection.

C. Repair or replace components of roofing system where test results or inspections indicate that they do not comply with specified requirements.

31

SECTION 07 56 00 FLUID APPLIED ROOFING

Roof System: NCN-1B-16-30-A New Construction Application Over Nailable Substrates

WeatherWeld – A Division of Liquiform Technologies

07 56 00-15

D. Additional testing and inspecting, at contractor's expense, will be performed to determine compliance of repaired or replaced work with specified requirements.

3.11 PROTECTING AND CLEANING

A. Protect roofing system from damage and wear during remainder of construction period. When remaining construction will not affect or endanger roofing, inspect roof for deterioration and damage. Where any defects or damage are identified describe their nature and extent in a written report, with copies to architect and owner.

B. Clean overspray and spillage from adjacent construction using cleaning agents and procedures recommended by manufacturer of affected construction.

END OF SECTION

32

CA TITLE 24 COOL ROOF REFLECTIVECOATING (3 GAL. / 100 SQ.FT.)

1-90 MINERAL SURFACED CAP SHEET (INVERTED)

NCN-1B-16-30-A WEATHERWELD APPLICATION30 GAL / 100 SQ. FT. ASPHALT EMULSION

16 LBS / 100 SQ. FT. FIBERGLASS ROVING

EXISTING NAILABLE ROOF DECK

DRAWING TITLE: DESIGNED BY: DRAWN BY: CHECKED BY:

PREPARED FOR:

DATE: SCALE:

A DIVISION OF LIQUIFORM TECHNOLOGIES, INC.

9757 7th StreetSuite 803Rancho Cucamonga, CA 91730-5297(888) 440-3224www.weatherweld.com

SYSTEM:

NTSSYSTEM OVERVIEW

System OverviewDeck: Nailable Roof Deck

Base Sheet:80# Granule Surfaced CapSheet (Inverted)

Asphalt Emulsion: 30 Gal

Fiberglass Roving: 16 Lbs

Coating:CA Title 24 Cool RoofReflective Coating (3 Gal. /100 Sq.Ft.)

NCN-1B-16-30-A

11/10/2033

DRAIN STRAINER

DRAIN LOCKINGRING

CA TITLE 24 COOL ROOF REFLECTIVECOATING (3 GAL. / 100 SQ.FT.)

NCN-1B-16-30-A WEATHERWELD APPLICATION30 GAL / 100 SQ. FT. ASPHALT EMULSION

16 LBS / 100 SQ. FT. FIBERGLASS ROVING

1-90 MINERAL SURFACEDCAP SHEET (INVERTED)

DRAIN BOWLEXISTING NAILABLE

ROOF DECK

DRAWING TITLE: DESIGNED BY: DRAWN BY: CHECKED BY:

PREPARED FOR:

DATE: SCALE:

A DIVISION OF LIQUIFORM TECHNOLOGIES, INC.

9757 7th StreetSuite 803Rancho Cucamonga, CA 91730-5297(888) 440-3224www.weatherweld.com

SYSTEM:

NTSDRAIN DETAIL

NCN-1B-16-30-A

11/10/2034

CA TITLE 24 COOL ROOF REFLECTIVECOATING (3 GAL. / 100 SQ.FT.)

1-90 MINERAL SURFACED CAPSHEET (INVERTED)

NCN-1B-16-30-A WEATHERWELD APPLICATION30 GAL / 100 SQ. FT. ASPHALT EMULSION

16 LBS / 100 SQ. FT. FIBERGLASS ROVING

3"[76mm]3"

[76mm]

CLEATFASTENEDEVERY 8"[203mm)

6" SELF ADHESIVEMEMBRANE

DRIP EDGEMETAL (MIN.0.045")

EXISTING NAILABLEROOF DECK

DRAWING TITLE: DESIGNED BY: DRAWN BY: CHECKED BY:

PREPARED FOR:

DATE: SCALE:

A DIVISION OF LIQUIFORM TECHNOLOGIES, INC.

9757 7th StreetSuite 803Rancho Cucamonga, CA 91730-5297(888) 440-3224www.weatherweld.com

SYSTEM:

NTSEDGE FLASHING

NCN-1B-16-30-A

11/10/2035

EQUIPMENT COUNTERFLASHING

4" CANT STRIP

CA TITLE 24 COOL ROOF REFLECTIVECOATING (3 GAL. / 100 SQ.FT.)

1-90 MINERAL SURFACED CAPSHEET (INVERTED)

NCN-1B-16-30-A WEATHERWELD APPLICATION30 GAL / 100 SQ. FT. ASPHALT EMULSION

16 LBS / 100 SQ. FT. FIBERGLASS ROVING

EQUIPMENT CURB

EXISTING NAILABLEROOF DECK

FASTENCAP SHEETEVERY 8"[203mm]

EQUIPMENTCURB

DRAWING TITLE: DESIGNED BY: DRAWN BY: CHECKED BY:

PREPARED FOR:

DATE: SCALE:

A DIVISION OF LIQUIFORM TECHNOLOGIES, INC.

9757 7th StreetSuite 803Rancho Cucamonga, CA 91730-5297(888) 440-3224www.weatherweld.com

SYSTEM:

NTSEQUIPMENT PAD FLASHING

NCN-1B-16-30-A

11/10/2036

EXTERIOR GRADE NAILER

4" CANT STRIP

CA TITLE 24 COOL ROOF REFLECTIVECOATING (3 GAL. / 100 SQ.FT.)

1-90 MINERAL SURFACED CAP SHEET (INVERTED)

NCN-1B-16-30-A WEATHERWELD APPLICATION30 GAL / 100 SQ. FT. ASPHALT EMULSION16 LBS / 100 SQ. FT. FIBERGLASS ROVING

PARAPET WALL

EXISTING NAILABLEROOF DECK

COPING CAP

DRAWING TITLE: DESIGNED BY: DRAWN BY: CHECKED BY:

PREPARED FOR:

DATE: SCALE:

A DIVISION OF LIQUIFORM TECHNOLOGIES, INC.

9757 7th StreetSuite 803Rancho Cucamonga, CA 91730-5297(888) 440-3224www.weatherweld.com

SYSTEM:

NTSPARAPET WALL FLASHING

NCN-1B-16-30-A

11/10/2037

CA TITLE 24 COOL ROOF REFLECTIVECOATING (3 GAL. / 100 SQ.FT.)

1-90 MINERAL SURFACEDCAP SHEET (INVERTED)

NCN-1B-16-30-A WEATHERWELD APPLICATION30 GAL / 100 SQ. FT. ASPHALT EMULSION16 LBS / 100 SQ. FT. FIBERGLASS ROVING

PARAPET WALL

EXISTING NAILABLEROOF DECK

COPING CAP

PRE-FORMEDSCUPPER

SEALANT

EMBED PRE-FORMED SCUPPER IN SEALANT BED

DRAWING TITLE: DESIGNED BY: DRAWN BY: CHECKED BY:

PREPARED FOR:

DATE: SCALE:

A DIVISION OF LIQUIFORM TECHNOLOGIES, INC.

9757 7th StreetSuite 803Rancho Cucamonga, CA 91730-5297(888) 440-3224www.weatherweld.com

SYSTEM:

NTSSCUPPER FLASHING

NCN-1B-16-30-A

11/10/2038

SEALANT

STAINLESSSTEELDRAWBAND

PRE-FORMEDPIPE SLEEVE

EXISTINGPIPE

STORMCOLLAR

CA TITLE 24 COOL ROOF REFLECTIVECOATING (3 GAL. / 100 SQ.FT.)

1-90 MINERAL SURFACED CAPSHEET (INVERTED)

NCN-1B-16-30-A WEATHERWELD APPLICATION30 GAL / 100 SQ. FT. ASPHALT EMULSION

16 LBS / 100 SQ. FT. FIBERGLASS ROVING

EXISTING NAILABLE ROOFDECK

EMBED PIPE SLEEVEIN SEALANT BED

DRAWING TITLE: DESIGNED BY: DRAWN BY: CHECKED BY:

PREPARED FOR:

DATE: SCALE:

A DIVISION OF LIQUIFORM TECHNOLOGIES, INC.

9757 7th StreetSuite 803Rancho Cucamonga, CA 91730-5297(888) 440-3224www.weatherweld.com

SYSTEM:

11/10/20 NTSPIPE FLASHING

NCN-1B-16-30-A

39

Page 1 of 2

Div. Liquiform Technologies Inc.

30-YEAR NDL LEAK-FREE WARRANTY

COMPLETION DATE: ____________________ ISSUE DATE: ____________________

WARRANTY: Subject to warranty registration, payment in-full and installation in accordance with current printed installation specifications, Liquiform Technologies Inc., (WEATHERWELD) warranties to the original purchaser that the WEATHERWELD Seamless Reinforced Roof System (System) will be able to withstand ordinary wear of the natural elements in a leak-free condition for the period of thirty (30) years, except for the exclusions, limitations and exceptions set forth in this Warranty. Upon proper notice, WEATHERWELD will diagnose and make repairs to the WEATHERWELD System at WEATHERWELD expense under the terms of this Warranty, as required to stop reported roof leakage found to be caused by defects in the WEATHERWELD System.

UNAPPROVED ALTERATIONS OR ADDITIONS: No contractor, distributor, consultant or any other person has authority to assume responsibility, liability or changes to WEATHERWELD specifications and/or agreements. WEATHERWELD shall not be responsible or liable for any change and/or amendment to the specifications and/or Warranty in regard to the project referenced herein, unless said change or amendment is approved in writing by WEATHERWELD.

EXCLUSIONS/RESPONSIBILITIES: The WEATHERWELD Seamless Reinforced Roof System is designed to keep areas to which the WEATHERWELD System materials are applied in a leak-free condition. The System is not intended to take the place of any other building element such as, but not limited to, the underlying roof deck, roof insulation, existing roof (if any), vapor retarder, drains, expansion joints, flashings, vents, skylights, roof-mounted equipment, reflective coatings or any areas not covered with WEATHERWELD System materials. This warranty shall not be applicable if, in the sole judgment of WEATHERWELD, any of the following occurrences shall be the cause of the reported claim of WEATHERWELD System roof leakage:

a) Natural disasters, earthquakes, lightning, hurricane force winds, hail, flood, environmental fallout, acts of vandalism or war. b) Acts of negligence, misuse, accidents, falling objects, damage from roof top traffic or storage on the roof. c) Damage caused by failure to conduct, or to have conducted, periodic maintenance inspections and roof clean-up as outlined in the NRCA or RIEI

maintenance manuals for Owners. Reflective surface coatings are not required to be re-coated under this Warranty. d) Changes, alterations or repairs made to the System and not authorized by WEATHERWELD shall cause the area affected by the work to be excluded

until authorized repairs meeting WEATHERWELD standards are completed. e) Changes in aesthetics, visual appearance or reflective coatings. Maintenance of coatings is not a part of, nor required, under this Warranty. f) With the exception of natural rain water, accumulation of foreign materials or chemicals of any type including animal, plant, human, manufacturing or

atmospheric. g) Failure, movement, settling or defects in the underlying roof structure or roof covering (if any). h) Obstructed or inadequate roof drainage. i) Waterproof defects in adjoining areas, walls, windows, roof-mounted equipment, ducts or other penetrations in the System extending above the flashings

height of the WEATHERWELD System.

Both the examination and inspection of the WEATHERWELD System installation, plans and/or specifications by a WEATHERWELD employee, designated representative or Contractor, before or after the completion of the installation of the WEATHERWELD System, shall not constitute approval or waiver of the exclusions and conditions set forth in this Warranty, without written notice of such approval or waiver. No waiver by WEATHERWELD of any limitation, term or condition of this Warranty made as part of a warranty claim, shall operate as a waiver of any other limitation, term or condition applicable to this Warranty, on any other future claim, whether of similar or different nature. Owner agrees to provide, at Owner’s expense, access to any areas requested in writing by WEATHERWELD and deemed to be relevant to the diagnosis and/or repair of the reported leak. Areas include, but are not limited to, building interior, exterior, adjoining areas and areas under roof-mounted equipment or other overburden.

NOTICE OF CLAIM: In the event leakage is discovered, the Owner shall notify WEATHERWELD within ten (10) days of the discovery via receipt-acknowledged email, writing or fax at the contact’s location listed below. Any claim to which notification is not made in a timely manner, without excuse, or to which access to the roof to diagnose the cause of the leakage is not provided, shall be deemed waived. Notification shall contain information of the location and severity of the leakage, access to the leak area and the personnel to contact. Notice to the Contractor, distributor or any other person does not substitute for notice to WEATHERWELD. Address written correspondence to: Liquiform Technologies Inc., 9757 7th St. #803, Rancho Cucamonga, CA 91730. Phone (888) 440-3224

SERVICE: Upon proper notification, WEATHERWELD shall schedule a diagnosis inspection of the leakage, prepare a written report of findings and commence repair of the defects that are WEATHERWELD's responsibility under this Warranty in a timely manner, weather and schedules permitting. Should the cause of the leakage be able to be corrected during the initial service call, the Owner agrees that WEATHERWELD is hereby granted permission to make such corrections, provided there is no cost to the Owner. Should leakage documented by WEATHERWELD be caused from items that are the upkeep responsibility of the Owner under this Warranty, the Owner agrees to have repairs made to such items in a timely manner, and before requesting any additional service work made by WEATHERWELD on the leakage claim. Should WEATHERWELD repeat the process without stopping the WEATHERWELD responsible leakage, WEATHERWELD shall retain a knowledgeable outside consultant at WEATHERWELD expense to help locate the source of the leakage. WEATHERWELD and the Owner agree to complete the respective repairs made in the Consultant’s report. The Owner agrees that WEATHERWELD shall have exclusive control over the diagnosis and repair to any WEATHERWELD System component found to be WEATHERWELD responsibility under this Warranty.

LIMITATIONS OF LIABILITY: This Warranty is expressively in lieu of any other guarantees and/or warranties, expressed or implied, including any implied warranty of merchantability, or fitness for a particular purpose, and any other obligation or liability on the part of WEATHERWELD whether the claim against WEATHERWELD is based upon strict liability, negligence, breach of warranty, or any other theory or cause of action. This limited Warranty contains all of the provisions of your remedies from WEATHERWELD. In no event shall WEATHERWELD be liable for consequential or incidental damages of any kind, including damages to the building or its contents. This Warranty does not cover the cost of removal and/or replacement of any other building component, roof-mounted equipment, overburden or item excluded from Warranty coverage listed above. WEATHERWELD shall be discharged of all further obligations upon the occurrence of any of the following: (a) expiration of this warranty without written renewal or transfer, (b) damage to the System from causes listed in "EXCLUSIONS/RESPONSIBILITIES" or (c) failure to comply with any other sections of this Warranty. Unresolved Warranty claims shall be settled by binding arbitration in the State of California (as exclusive venue), administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on any award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Date Date

S A M

P L

E

40

Page 2 of 2

REGISTRATION

PROJECT NAME:

SPECIFICATION:

AREA DESCRIPTION:

AREA EXCLUDED:

DECK TYPE:

BUILDING USE:

ARCHITECT:

ADDRESS:

PHONE: EMAIL:

CONTRACTOR:

ADDRESS:

PHONE: EMAIL:

SIGNATURE: DATE:

OWNER:

ADDRESS:

PHONE: EMAIL:

SIGNATURE: DATE:

LIQUIFORM TECHNOLOGIES INC (WEATHERWELD)

ADDRESS: 9757 7th Street #803, Rancho Cucamonga CA 91730

PHONE: (888) 440-3224 EMAIL: tech@weatherweld.com

SIGNATURE: DATE:

S AM P

L E

41

LIMITED SURVEY FOR SUSPECT ASBESTOS-CONTAINING

AND LEAD-CONTAINING MATERIALS

Roof

Activity Center

18040 George Boulevard

Victorville, CA 92394

City of Victorville

July 29, 2021

CI21044

3868 Carson Street, Suite 328, Torrance, CA 90503 | gja-environmental.com | 310 316-4377

Christopher K. Gale

President Cal/OSHA Certified Asbestos Consultant No. 92-0207, Expiration Date: 8/18/21

TABLE OF CONTENTS

1.0 Scope of Work

2.0 Investigative Methods

3.0 Results of Investigation

4.0 Recommendations

5.0 Confidentiality and Limitations

APPENDICES

A. Bulk Sampling Summary – Asbestos

B. Bulk Sampling Summary - Lead

C. Laboratory Documentation – Asbestos

D. Laboratory Documentation- Lead

E. Sample Location Diagrams

1.0 SCOPE OF WORK

gale/jordan associates, inc. (gja) was retained by the City of Victorville to conduct

limited bulk sampling of suspect asbestos-containing and lead-containing materials. The

project site is the roof of the Activity Center located at 18040 George Boulevard in

Victorville, CA 92394

Andrew Hoyer, Cal/OSHA Certified Asbestos Consultant 05-3837, Exp. 07/21/22 and

CDPH Lead Inspector No. 19586, Exp. 10/11/21 conducted the survey on July 29, 2021.

He is also accredited by EPA/AHERA (Asbestos Hazard Emergency Response Act) for

"Building Inspection for Asbestos. Christopher Gale, Cal/OSHA Certified Asbestos

Consultant No. 92-0207, Exp. 08/18/21 reviewed the project.

2.0 INVESTIGATIVE METHODS

2.1 Asbestos

Samples of each suspect asbestos-containing material (ACM) were collected and

analyzed to the first positive for asbestos content. One positive result determines that the

material is asbestos containing; all samples must test negative to prove that the material

does not contain asbestos. This sampling protocol satisfies the guidelines of Cal/OSHA

and the Mojave Desert Air Quality Management District for those materials sampled.

The sampling was limited to visible and accessible materials on designated areas of the

roof.

Analysis was performed by SGS/Forensic Analytical Laboratories., Carson, California,

NVLAP No. 101459-1, using Polarized Light Microscopy with Dispersion Staining

(PLM/DS) in accordance with the Environmental Protection Agency (EPA), "Method for

the Determination of Asbestos in Bulk Building Materials" (EPA 600/R-93-116).

Percentage estimates of each material component are based on the analyst's best

judgment following examination with a stereoscope and PLM/DS analysis. Please see

the summary of bulk sampling, Appendix A.

2.2 Lead

The purpose of the survey was to ascertain the potential for worker exposure to lead dust,

per 8 CCR 1532.1 (Cal/OSHA Lead Standard).

Samples of several types of paint were collected. The samples were analyzed by

SGS/Forensic Analytical Laboratories, Carson, California using Flame Atomic

Absorption Spectroscopy in accordance with EPA Method 3050B/7420. See the

summary of bulk sampling, Appendix B.

3.0 RESULTS OF INVESTIGATION

3.1 Asbestos

Samples were collected of several suspect asbestos-containing materials. The following

materials proved to contain asbestos:

MATERIAL SAMPLING AREA

Activity Center

ESTIMATED

QUANTITY

ANALYTICAL

RESULTS

wt*

Roof mastic

Upper roof

SE Utility pad

Center pipe

NE Edge patch

350 sf 5% Chrysotile in

tar

HVAC Duct mastic

Upper roof

SW, NW, NE

A/C Units

40 sf 5% Chrysotile in

tar

Cementitious tile debris

Upper roof

South

Center

North

10 sf 17% Chrysotile

*wt% - percentage by weight

The above mastic materials are considered to be non-friable and were in good condition

at the time of the survey. The tile debris is considered to be non-friable and severely

damaged.

Please see the laboratory documentation, Appendix C.

3.2 Lead

Several types of paint were collected and analyzed for lead content. The following

materials proved to contain lead:

MATERIAL SAMPLING AREA

Activity Center

ANALYTICAL

RESULTS

wt%*

ANALYTICAL

RESULTS

ppm*

White paint on

wood

East fascia

North 0.008 80

Orange paint on

metal

North gutter

East 0.012 120

White paint on metal NE A/C Unit 0.17 1,700

Yellow paint on

metal SE A/C Unit 0.056 560

* wt% –percentage by weight; ppm – parts per million.

Please see the bulk sampling summary, Appendix B.

The Cal/OSHA Lead in Construction Standard considers any amount of lead in paint to

be of concern during renovation and demolition activities; however, Cal/OSHA considers

lead content below 0.06% (600 ppm) to not produce an exposure concern for workers

during renovation/demolition activities (Title 8 CCR 1532.1).

The Consumer Safety Product Commission considers paint with a lead content over 600

ppm to be “lead-based paint”.

For disposal purposes, the California Department of Toxic Substances Control has

determined that materials with a TTLC (Total Threshold Limit Concentration) below 50

parts per million (ppm) or 0.005 percent by weight (wt%) are not hazardous.

4.0 RECOMMENDATIONS

4.1 Asbestos

When work is performed in the vicinity of an asbestos-containing material, the workers

must be informed that the material contains asbestos. Removal of an asbestos-containing

material must be performed by a licensed (Contractor's State License Board) and

registered (Cal/OSHA) asbestos abatement contractor, under the supervision of a

Cal/OSHA Certified Asbestos Consultant.

All ACM (friable and non-friable) have the potential to release asbestos fibers into the air

if they are disturbed or damaged. Building activities or events which could cause these

materials to release asbestos fibers include, but are not limited to: maintenance activities,

renovation work, water leaks, breakage or damage of the materials and disturbance

activities (i.e., cutting or sanding).

4.2 Lead

The white paint on the NE AC unit proved to contain lead at a level of 0.17% (1,700

ppm); it is considered to be lead-based paint.

Cal/OSHA considers lead content below 0.06% (600 ppm) to not produce an exposure

concern for workers during renovation/demolition activities (Title 8 CCR 1532.1).

The lead-based paint should be removed in accordance with Cal/OSHA requirements.

Detectable materials, above 50 ppm, require additional analysis of the waste stream, such

as a California Wet-Test, for disposal purposes. The additional testing should be

performed prior to disposal to determine disposal options.

5.0 CONFIDENTIALITY AND LIMITATIONS

This report is prepared for the express use and benefit of the City of Victorville and its

agents and employees. The information in this report or portions thereof may be required

to be included in notifications to employees, contractors or other visitors to the building.

The Owner or its agents shall not use this report as a specification or work plan for any of

the work suggested or recommended in the report.

This report is based upon conditions and practices observed at the property and

information made available to gja. This report does not propose to identify all hazards or

unsafe practices, or to indicate that other hazards or unsafe practices do not exist at the

premises. Additional suspect but un-sampled materials could be located between walls,

in voids, or in other inaccessible areas; caution should be exercised regarding these areas.

gja cannot warrant that these buildings do not contain asbestos and/or lead in locations

other than those noted in this report.

gja will not discuss or disclose any information about our services to any third party

without the Client’s written consent unless otherwise required by law or by judicial or

administrative order.

gja’s assessment of the risk of exposure to asbestos and lead follows generally accepted

protocols and is based on conditions at the time of the survey. gja is not responsible for

changes in conditions or accepted protocols subsequent to our site visit.

APPENDIX A

BULK SAMPLING SUMMARY – ASBESTOS

ND – indicates “non-detected”

SAMPLE

NUMBERS

CI21044

MATERIAL SAMPLING AREA

Activity Center

ANALYTICAL

RESULTS

wt*

1-3 White vinyl roof core

Lower roof - SW

Center -NE

ND

4-6 White caulk

Lower roof NW Pipe

SE A/C Unit

SW Edge seam

ND

7-9 Asphalt roof core Upper roof

S, W, E ND

10-12 Asphalt flashing core

Upper roof

SW/SE Utility pads

N Vent

ND

13-15 Roof mastic

Upper roof

SE Utility pad

Center pipe

NE Edge patch

5% Chrysotile in

tar

16-18 HVAC Duct mastic

Upper roof

SW, NW, NE

A/C Units

5% Chrysotile in

tar

19-20 Cementitious tile debris

Upper roof

South

Center

North

17% Chrysotile

*wt% - percentage by weight

APPENDIX B

BULK SAMPLING SUMMARY - LEAD

SAMPLE

NUMBERS

CI21044

MATERIAL SAMPLING AREA

Activity Center

ANALYTICAL

RESULTS

wt%*

ANALYTICAL

RESULTS

ppm*

Pb-01 White paint on CMU

Block

East wall

North <0.006 BLD

Pb-02 White paint on wood East fascia

North 0.008 80

Pb-03 Orange paint on

metal

North gutter

East 0.012 120

Pb-04 Orange paint on

wood

North fascia

West <0.006 BLD

Pb-05 White paint on metal NE A/C Unit 0.17 1,700

Pb-06 Yellow paint on

metal SE A/C Unit 0.056 560

* wt% –percentage by weight; ppm – parts per million. BLD – Below the limit of detection.

APPENDIX C

LABORATORY DOCUMENTATION – ASBESTOS

Final Report

(EPA Method 40CFR, Part 763, Appendix E to Subpart E and EPA 600/R-93-116, Visual Area Estimation)Bulk Asbestos Analysis

NVLAP Lab Code: 101459-15105Client ID:Gale/Jordan AssociatesB321196Report Number:Joanie Keiser

Date Received:3868 Carson Street08/03/21Date Analyzed:Suite 32808/03/21Date Printed:Torrance, CA 90503

First Reported:

5105CI21044; West Winds Activity Center, 18040 George Blvd, Victorville, CA SGSFL Job ID:Job ID/Site:

Date(s) Collected: 07/29/202121Total Samples Submitted:

Total Samples Analyzed: 16

07/29/21

08/03/21

Sample ID Lab NumberAsbestos

TypePercent in

LayerAsbestos AsbestosPercent in Percent in

Type TypeLayer Layer

01 51462945Layer: White Semi-Fibrous Material NDLayer: Clear Adhesive NDLayer: Yellow Foam ND

Asbestos (ND)Total Composite Values of Fibrous Components:Cellulose (10 %) Synthetic (5 %)

02 51462946Layer: White Semi-Fibrous Material NDLayer: Clear Adhesive NDLayer: Yellow Foam ND

Asbestos (ND)Total Composite Values of Fibrous Components:Cellulose (10 %) Synthetic (5 %)

03 51462947Layer: White Semi-Fibrous Material NDLayer: Clear Adhesive NDLayer: Yellow Foam ND

Asbestos (ND)Total Composite Values of Fibrous Components:Cellulose (10 %) Synthetic (5 %)

04 51462948Layer: White Non-Fibrous Material ND

Asbestos (ND)Total Composite Values of Fibrous Components:Cellulose (Trace)

05 51462949Layer: White Non-Fibrous Material ND

Asbestos (ND)Total Composite Values of Fibrous Components:Cellulose (Trace)

06 51462950Layer: Beige Non-Fibrous Material ND

Asbestos (ND)Total Composite Values of Fibrous Components:Cellulose (Trace)

1 of 320535 South Belshaw Avenue, Carson, CA 90746 / Telephone: (310) 763-2374 (888) 813-9417 / Fax: (310) 763-4450

Report Number: B321196Date Printed: 08/03/21Client Name: Gale/Jordan Associates

Sample ID Lab NumberAsbestos

TypePercent in

LayerAsbestos AsbestosPercent in Percent in

Type TypeLayer Layer

07 51462951Layer: Grey Roof Shingle NDLayer: Black Tar NDLayer: Black Felt ND

Asbestos (ND)Total Composite Values of Fibrous Components:Cellulose (20 %) Fibrous Glass (25 %)

08 51462952Layer: Grey Roof Shingle NDLayer: 2 Black Tars NDLayer: 2 Black Felts ND

Asbestos (ND)Total Composite Values of Fibrous Components:Cellulose (35 %) Fibrous Glass (20 %)

09 51462953Layer: Grey Roof Shingle NDLayer: 2 Black Tars NDLayer: 2 Black Felts ND

Asbestos (ND)Total Composite Values of Fibrous Components:Cellulose (35 %) Fibrous Glass (20 %)

10 51462954Layer: 2 Black Tars NDLayer: 2 Black Felts NDLayer: Tan Fibrous Material ND

Asbestos (ND)Total Composite Values of Fibrous Components:Cellulose (30 %) Synthetic (15 %)

11 51462955Layer: Grey Roof Shingle NDLayer: Black Tar NDLayer: Black Felt NDLayer: Tan Fibrous Material ND

Asbestos (ND)Total Composite Values of Fibrous Components:Cellulose (35 %) Fibrous Glass (15 %) Synthetic (5 %)

12 51462956Layer: Grey Roof Shingle NDLayer: Black Tar NDLayer: Black Felt NDLayer: Tan Fibrous Material ND

Asbestos (ND)Total Composite Values of Fibrous Components:Cellulose (35 %) Fibrous Glass (15 %) Synthetic (5 %)

13 51462957Layer: Stones NDLayer: Black Semi-Fibrous Tar ND

Asbestos (ND)Total Composite Values of Fibrous Components:Cellulose (10 %)

2 of 320535 South Belshaw Avenue, Carson, CA 90746 / Telephone: (310) 763-2374 (888) 813-9417 / Fax: (310) 763-4450

Report Number: B321196Date Printed: 08/03/21Client Name: Gale/Jordan Associates

Sample ID Lab NumberAsbestos

TypePercent in

LayerAsbestos AsbestosPercent in Percent in

Type TypeLayer Layer

14 51462958Layer: Stones NDLayer: Black Semi-Fibrous Tar NDLayer: Black Semi-Fibrous Tar (bottom) Chrysotile 5 %

Asbestos (2%)Total Composite Values of Fibrous Components:Cellulose (3 %)

15 51462959Comment: Sample not analyzed due to prior positive result in series.

16 51462960Layer: Paint/Coating NDLayer: Black Semi-Fibrous Tar Chrysotile 5 %

Asbestos (4%)Total Composite Values of Fibrous Components:Cellulose (Trace)

17 51462961Comment: Sample not analyzed due to prior positive result in series.

18 51462962Comment: Sample not analyzed due to prior positive result in series.

19 51462963Layer: Grey Semi-Fibrous Material Chrysotile 17 %Layer: Paints ND

Asbestos (16%)Total Composite Values of Fibrous Components:Cellulose (Trace)

20 51462964Comment: Sample not analyzed due to prior positive result in series.

21 51462965Comment: Sample not analyzed due to prior positive result in series.

Analytical results and reports are generated by SGS Forensic Laboratories (SGSFL) at the request of and for the exclusive use of the person or entity (client) named on such report.Results, reports or copies of same will not be released by SGSFL to any third party without prior written request from client. This report applies only to the sample(s) tested.Supporting laboratory documentation is available upon request. This report must not be reproduced except in full, unless approved by SGSFL. The client is solely responsiblefor theuse and interpretation of test results and reports requested from SGSFL. SGSFL is not able to assess the degree of hazard resulting from materials analyzed. SGS ForensicLaboratories reserves the right to dispose of all samples after a period of thirty (30) days, according to all state and federal guidelines, unless otherwise specified. All samples werereceived in acceptable condition unless otherwise noted.

Note: Limit of Quantification ('LOQ') = 1%. 'Trace' denotes the presence of asbestos below the LOQ. 'ND' = 'None Detected'.Tiffani Ludd, Laboratory Supervisor, Carson Laboratory

3 of 320535 South Belshaw Avenue, Carson, CA 90746 / Telephone: (310) 763-2374 (888) 813-9417 / Fax: (310) 763-4450

APPENDIX D

LABORATORY DOCUMENTATION – LEAD

Metals Analysis of PaintsClient ID:Report Number:Date Received:

M235511

Job ID / Site: CI21044; West Winds Activity Center, 18040 George Blvd, Victorville, CA

Gale/Jordan Associates

Suite 328

5105

SGSFL Job ID:

Date Analyzed:

5105

Joanie Keiser

Torrance, CA 90503

3868 Carson Street

Date Printed: 08/02/2108/02/21

First Reported: 08/02/21

07/29/21

Final Report

(AIHA-LAP, LLC Accreditation, Lab ID #101629)

Date(s) Collected: 07/29/21 Total Samples Submitted:Total Samples Analyzed:

6

6

Sample Number Lab Number ResultResult Reporting Method

Analyte Units Limit* Reference

EPA 3050B/7000B< 0.006PbPB-01 LM205160 wt% 0.006

EPA 3050B/7000B0.008PbPB-02 LM205161 wt% 0.006

EPA 3050B/7000B0.012PbPB-03 LM205162 wt% 0.006

EPA 3050B/7000B< 0.006PbPB-04 LM205163 wt% 0.006

EPA 3050B/7000B0.17PbPB-05 LM205164 wt% 0.02

EPA 3050B/7000B0.056PbPB-06 LM205165 wt% 0.006

Analytical results and reports are generated by SGS Forensic Laboratories at the request of and for the exclusive use of the person or entity (client) named on such report.Results, reports or copies of same will not be released by SGS Forensic Laboratories to any third party without prior written request from client. This report applies only tothe sample(s) tested. Supporting laboratory documentation is available upon request. This report must not be reproduced except in full, unless approved by SGS ForensicLaboratories. The client is solely responsible for the use and interpretation of test results and reports requested from SGS Forensic Laboratories. SGS Forensic Laboratoriesis not able to assess the degree of hazard resulting from materials analyzed. SGS Forensic Laboratories reserves the right to dispose of all samples after a period of thirty (30)days, according to all state and federal guidelines, unless otherwise specified. Any modifications that have been made to referenced test methods are documented in SGSForensic Laboratories' Standard Operating Procedures Manual. Sample results have not been blank corrected. Quality control and sample receipt condition were acceptableunless otherwise noted.Note* Sampling data used in this report was provided by the client as noted on the associated chain of custody form.

* The Reporting Limit represents the lowest amount of analyte that the laboratory can confidently detect in the sample, and is not aregulatory level. The Units for the Reporting Limit are the same as the Units for the Final Results.

Beatriz Hinojosa, Laboratory Supervisor, Carson Laboratory

20535 South Belshaw Avenue, Carson, CA 90746 / Telephone: (310) 763-2374 (888) 813-9417 / Fax: (310) 763-4450

1 of 1

APPENDIX E

SAMPLE LOCATION DIAGRAM

Activity CenterRoof

18040 George BoulevardVictorville, CA 92394

3868 Carson Street, Suite 328Torrance, CA 90503

(310) 316-4377(310) 316-4558 CI21044

July 29, 2021

This Drawing is notTo Scale

Sample LocationsAre Approximate

PB - 03

PB - 01PB - 02

PB - 03

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

1617

18

192021

PB - 04

PB - 05PB - 06

N= Bulk Suspect Asbestos Sample – Identified by Sample Number

= Bulk Suspect Lead Sample – Identified by Sample Number

LIMITED SURVEY FOR SUSPECT ASBESTOS-CONTAINING

AND LEAD-CONTAINING MATERIALS

Roof

Westwinds Sports Center

18241 George Boulevard

Victorville, CA 92394

City of Victorville

May 12, 2021

CI21029

3868 Carson Street, Suite 328, Torrance, CA 90503 | gja-environmental.com | 310 316-4377

Christopher K. Gale

President Cal/OSHA Certified Asbestos Consultant No. 92-0207, Expiration Date: 8/18/21

TABLE OF CONTENTS

1.0 Scope of Work

2.0 Investigative Methods

3.0 Results of Investigation

4.0 Recommendations

5.0 Confidentiality and Limitations

APPENDICES

A. Bulk Sampling Summary – Asbestos

B. Bulk Sampling Summary - Lead

C. Laboratory Documentation – Asbestos

D. Laboratory Documentation- Lead

E. Sample Location Diagrams

1.0 SCOPE OF WORK

gale/jordan associates, inc. (gja) was retained by the City of Victorville to conduct

limited bulk sampling of suspect asbestos-containing and lead-containing materials. The

project site is the roof of the Westwinds Sports Center located at 18241 George

Boulevard in Victorville, CA 92394

Fidel Flores, Cal/OSHA Certified Asbestos Consultant 08-4375, Exp. 05/15/22 and

CDPH Lead Inspector No. 7871, Exp. 12/05/21 conducted the survey on May 12, 2021.

He is also accredited by EPA/AHERA (Asbestos Hazard Emergency Response Act) for

"Building Inspection for Asbestos. Christopher Gale, Cal/OSHA Certified Asbestos

Consultant No. 92-0207, Exp. 08/18/21 reviewed the project.

2.0 INVESTIGATIVE METHODS

2.1 Asbestos

Samples of each suspect asbestos-containing material (ACM) were collected and

analyzed to the first positive for asbestos content. One positive result determines that the

material is asbestos containing; all samples must test negative to prove that the material

does not contain asbestos. This sampling protocol satisfies the guidelines of Cal/OSHA

and the Mojave Desert Air Quality Management District for those materials sampled.

The sampling was limited to visible and accessible materials on designated areas of the

roof.

Analysis was performed by SGS/Forensic Analytical Laboratories., Carson, California,

NVLAP No. 101459-1, using Polarized Light Microscopy with Dispersion Staining

(PLM/DS) in accordance with the Environmental Protection Agency (EPA), "Method for

the Determination of Asbestos in Bulk Building Materials" (EPA 600/R-93-116).

Percentage estimates of each material component are based on the analyst's best

judgment following examination with a stereoscope and PLM/DS analysis. Please see

the summary of bulk sampling, Appendix A.

2.2 Lead

The purpose of the survey was to ascertain the potential for worker exposure to lead dust,

per 8 CCR 1532.1 (Cal/OSHA Lead Standard).

Samples of several types of paint were collected. The samples were analyzed by

SGS/Forensic Analytical Laboratories, Carson, California using Flame Atomic

Absorption Spectroscopy in accordance with EPA Method 3050B/7420. See the

summary of bulk sampling, Appendix B.

3.0 RESULTS OF INVESTIGATION

3.1 Asbestos

Samples were collected of a “honeycomb” material from the cooler unit, roofing

materials and several types of mastic. The following materials proved to contain

asbestos:

MATERIAL

SAMPLING AREA

Westwinds Sports

Center

ESTIMATED

QUANTITY

ANALYTICAL

RESULTS

wt*

Roofing material

Lower and upper roof 3,500 sf – lower

roof; 1,200 sf

upper roof

70% Chrysotile in

black felt

White/grey mastic Throughout roof 1,000 sf 5% Chrysotile

Black mastic Throughout roof 300 sf 5% Chrysotile

Patch mastic Throughout roof 300 sf 3% Chrysotile

*wt% - percentage by weight

The above materials are considered to be non-friable and were in good condition at the

time of the survey.

Please see the laboratory documentation, Appendix C.

3.2 Lead

Several types of paint were collected and analyzed for lead content. The following

materials proved to contain lead:

MATERIAL

SAMPLING AREA

Westwinds Sports

Center

ANALYTICAL

RESULTS

wt*

ANALYTICAL

RESULTS

ppm*

Orange paint Roof- metal fascia 0.28 2,800

Orange paint Roof - wood fascia 1.4 14,000

Beige paint Roof -stucco overhang 0.11 1,100

MATERIAL

SAMPLING AREA

Westwinds Sports

Center

ANALYTICAL

RESULTS

wt*

ANALYTICAL

RESULTS

ppm*

Brown paint Roof - fascia- bottom

section 1.0 10,000

* wt% –percentage by weight; ppm – parts per million.

Please see the bulk sampling summary, Appendix B.

The Cal/OSHA Lead in Construction Standard considers any amount of lead in paint to

be of concern during renovation and demolition activities; however, Cal/OSHA considers

lead content below 0.06% (600 ppm) to not produce an exposure concern for workers

during renovation/demolition activities (Title 8 CCR 1532.1).

The Consumer Safety Product Commission considers paint with a lead content over 600

ppm is considered to be “lead-based paint”.

For disposal purposes, the California Department of Toxic Substances Control has

determined that materials with a TTLC (Total Threshold Limit Concentration) below 50

parts per million (ppm) or 0.005 percent by weight (wt%) are not hazardous.

4.0 RECOMMENDATIONS

4.1 Asbestos

When work is performed in the vicinity of an asbestos-containing material, the workers

must be informed that the material contains asbestos. Removal of an asbestos-containing

material must be performed by a licensed (Contractor's State License Board) and

registered (Cal/OSHA) asbestos abatement contractor, under the supervision of a

Cal/OSHA Certified Asbestos Consultant.

All ACM (friable and non-friable) have the potential to release asbestos fibers into the air

if they are disturbed or damaged. Building activities or events which could cause these

materials to release asbestos fibers include, but are not limited to: maintenance activities,

renovation work, water leaks, breakage or damage of the materials and disturbance

activities (i.e., cutting or sanding).

4.2 Lead

Cal/OSHA considers lead content below 0.06% (600 ppm) to not produce an exposure

concern for workers during renovation/demolition activities (Title 8 CCR 1532.1).

The lead-based paint should be removed in accordance with Cal/OSHA requirements.

Detectable materials, above 50 ppm, require additional analysis of the waste stream, such

as a California Wet-Test, for disposal purposes. The additional testing should be

performed prior to disposal to determine disposal options.

5.0 CONFIDENTIALITY AND LIMITATIONS

This report is prepared for the express use and benefit of the City of Victorville and its

agents and employees. The information in this report or portions thereof may be required

to be included in notifications to employees, contractors or other visitors to the building.

The Owner or its agents shall not use this report as a specification or work plan for any of

the work suggested or recommended in the report.

This report is based upon conditions and practices observed at the property and

information made available to gja. This report does not propose to identify all hazards or

unsafe practices, or to indicate that other hazards or unsafe practices do not exist at the

premises. Additional suspect but un-sampled materials could be located between walls,

in voids, or in other inaccessible areas; caution should be exercised regarding these areas.

gja cannot warrant that these buildings do not contain asbestos and/or lead in locations

other than those noted in this report.

gja will not discuss or disclose any information about our services to any third party

without the Client’s written consent unless otherwise required by law or by judicial or

administrative order.

gja’s assessment of the risk of exposure to asbestos and lead follows generally accepted

protocols and is based on conditions at the time of the survey. gja is not responsible for

changes in conditions or accepted protocols subsequent to our site visit.

APPENDIX A

BULK SAMPLING SUMMARY – ASBESTOS

ND – indicates “non-detected”

SAMPLE

NUMBERS

CI21029

MATERIAL

SAMPLING AREA

Westwinds Sports

Center

ANALYTICAL

RESULTS

wt*

1-3 Honeycomb material Roof - Cooler Unit ND

4-6 Roofing material Lower and upper roof 70% Chrysotile in

black felt

7-9 White and grey mastic Throughout roof 5% Chrysotile

10-12 Black mastic Throughout roof 5% Chrysotile

13-15 Patch mastic Throughout roof 3% Chrysotile

16-18 Penetration mastic Throughout roof ND

*wt% - percentage by weight

APPENDIX B

BULK SAMPLING SUMMARY - LEAD

SAMPLE

NUMBERS

CI21029

MATERIAL SAMPLING AREA

Westwinds Sports Center

ANALYTICAL

RESULTS

wt%*

ANALYTICAL

RESULTS

ppm*

PB-01 Beige paint Roof – HVAC Unit <0.006 BLD*

PB-02 Orange paint Roof- metal fascia 0.28 2,800

PB-03 Orange paint Roof -wood fascia 1.4 14,000

PB-04 Beige paint Roof -stucco overhang 0.11 1,100

PB-05 Brown paint Roof - fascia- bottom

section 1.0 10,000

* wt% –percentage by weight; ppm – parts per million. BLD – Below the limit of detection.

APPENDIX C

LABORATORY DOCUMENTATION – ASBESTOS

Final Report

(EPA Method 40CFR, Part 763, Appendix E to Subpart E and EPA 600/R-93-116, Visual Area Estimation)Bulk Asbestos Analysis

NVLAP Lab Code: 101459-15105Client ID:Gale/Jordan AssociatesB317878Report Number:Joanie Keiser

Date Received:3868 Carson Street05/18/21Date Analyzed:Suite 32805/18/21Date Printed:Torrance, CA 90503

First Reported:

5105C121029; Westwinds Sports Center SGSFL Job ID:Job ID/Site:

Date(s) Collected: 05/12/202118Total Samples Submitted:

Total Samples Analyzed: 11

05/13/21

05/18/21

Sample ID Lab NumberAsbestos

TypePercent in

LayerAsbestos AsbestosPercent in Percent in

Type TypeLayer Layer

001 51438289Layer: Beige Fibrous Tape ND

Asbestos (ND)Total Composite Values of Fibrous Components:Cellulose (80 %)

002 51438290Layer: Beige Fibrous Tape ND

Asbestos (ND)Total Composite Values of Fibrous Components:Cellulose (80 %)

003 51438291Layer: Beige Fibrous Tape ND

Asbestos (ND)Total Composite Values of Fibrous Components:Cellulose (80 %)

004 51438292Layer: Grey Roof Shingle NDLayer: Black Tar NDLayer: Grey Roof Shingle NDLayer: 2 Black Tars NDLayer: 2 Black Felts ND

Asbestos (ND)Total Composite Values of Fibrous Components:Cellulose (Trace) Fibrous Glass (40 %)

005 51438293Layer: Grey Roof Shingle NDLayer: Black Tar NDLayer: Black Felt (1) NDLayer: Black Felt (2) Chrysotile 70 %

Asbestos (14%)Total Composite Values of Fibrous Components:Cellulose (Trace) Fibrous Glass (30 %)

006 51438294Comment: Sample not analyzed due to prior positive result in series.

007 51438295Layer: Black Semi-Fibrous Tar Chrysotile 5 %

Asbestos (5%)Total Composite Values of Fibrous Components:Cellulose (Trace)

1 of 320535 South Belshaw Avenue, Carson, CA 90746 / Telephone: (310) 763-2374 (888) 813-9417 / Fax: (310) 763-4450

Report Number: B317878Date Printed: 05/18/21Client Name: Gale/Jordan Associates

Sample ID Lab NumberAsbestos

TypePercent in

LayerAsbestos AsbestosPercent in Percent in

Type TypeLayer Layer

008 51438296Comment: Sample not analyzed due to prior positive result in series.

009 51438297Comment: Sample not analyzed due to prior positive result in series.

010 51438298Layer: Paint NDLayer: Black Semi-Fibrous Tar Chrysotile 5 %Layer: Stones NDLayer: Black Semi-Fibrous Tar ND

Asbestos (4%)Total Composite Values of Fibrous Components:Cellulose (Trace)

011 51438299Comment: Sample not analyzed due to prior positive result in series.

012 51438300Comment: Sample not analyzed due to prior positive result in series.

013 51438301Layer: Black Semi-Fibrous Tars Chrysotile 3 %

Asbestos (3%)Total Composite Values of Fibrous Components:Cellulose (3 %)

014 51438302Comment: Sample not analyzed due to prior positive result in series.

015 51438303Comment: Sample not analyzed due to prior positive result in series.

016 51438304Layer: Black Semi-Fibrous Tar ND

Asbestos (ND)Total Composite Values of Fibrous Components:Cellulose (7 %)

017 51438305Layer: Black Semi-Fibrous Tar ND

Asbestos (ND)Total Composite Values of Fibrous Components:Cellulose (7 %)

018 51438306Layer: Black Semi-Fibrous Tar ND

Asbestos (ND)Total Composite Values of Fibrous Components:Cellulose (7 %)

2 of 320535 South Belshaw Avenue, Carson, CA 90746 / Telephone: (310) 763-2374 (888) 813-9417 / Fax: (310) 763-4450

Report Number: B317878Date Printed: 05/18/21Client Name: Gale/Jordan Associates

Sample ID Lab NumberAsbestos

TypePercent in

LayerAsbestos AsbestosPercent in Percent in

Type TypeLayer Layer

Analytical results and reports are generated by SGS Forensic Laboratories (SGSFL) at the request of and for the exclusive use of the person or entity (client) named on such report.Results, reports or copies of same will not be released by SGSFL to any third party without prior written request from client. This report applies only to the sample(s) tested.Supporting laboratory documentation is available upon request. This report must not be reproduced except in full, unless approved by SGSFL. The client is solely responsiblefor theuse and interpretation of test results and reports requested from SGSFL. SGSFL is not able to assess the degree of hazard resulting from materials analyzed. SGS ForensicLaboratories reserves the right to dispose of all samples after a period of thirty (30) days, according to all state and federal guidelines, unless otherwise specified. All samples werereceived in acceptable condition unless otherwise noted.

Note: Limit of Quantification ('LOQ') = 1%. 'Trace' denotes the presence of asbestos below the LOQ. 'ND' = 'None Detected'.Tiffani Ludd, Laboratory Supervisor, Carson Laboratory

3 of 320535 South Belshaw Avenue, Carson, CA 90746 / Telephone: (310) 763-2374 (888) 813-9417 / Fax: (310) 763-4450

APPENDIX D

LABORATORY DOCUMENTATION – LEAD

Metals Analysis of PaintsClient ID:Report Number:Date Received:

M233853

Job ID / Site: C121029; Westwinds Sports Center

Gale/Jordan Associates

Suite 328

5105

SGSFL Job ID:

Date Analyzed:

5105

Joanie Keiser

Torrance, CA 90503

3868 Carson Street

Date Printed: 05/14/2105/14/21

First Reported: 05/14/21

05/13/21

Final Report

(AIHA-LAP, LLC Accreditation, Lab ID #101629)

Date(s) Collected: 05/12/21 Total Samples Submitted:Total Samples Analyzed:

5

5

Sample Number Lab Number ResultResult Reporting Method

Analyte Units Limit* Reference

EPA 3050B/7000B< 0.006PbPB-1 LM203256 wt% 0.006

EPA 3050B/7000B0.28PbPB-2 LM203257 wt% 0.02

EPA 3050B/7000B1.4PbPB-3 LM203258 wt% 0.2

EPA 3050B/7000B0.11PbPB-4 LM203259 wt% 0.006

EPA 3050B/7000B1.0PbPB-5 LM203260 wt% 0.06

Analytical results and reports are generated by SGS Forensic Laboratories at the request of and for the exclusive use of the person or entity (client) named on such report.Results, reports or copies of same will not be released by SGS Forensic Laboratories to any third party without prior written request from client. This report applies only tothe sample(s) tested. Supporting laboratory documentation is available upon request. This report must not be reproduced except in full, unless approved by SGS ForensicLaboratories. The client is solely responsible for the use and interpretation of test results and reports requested from SGS Forensic Laboratories. SGS Forensic Laboratoriesis not able to assess the degree of hazard resulting from materials analyzed. SGS Forensic Laboratories reserves the right to dispose of all samples after a period of thirty (30)days, according to all state and federal guidelines, unless otherwise specified. Any modifications that have been made to referenced test methods are documented in SGSForensic Laboratories' Standard Operating Procedures Manual. Sample results have not been blank corrected. Quality control and sample receipt condition were acceptableunless otherwise noted.Note* Sampling data used in this report was provided by the client as noted on the associated chain of custody form.

* The Reporting Limit represents the lowest amount of analyte that the laboratory can confidently detect in the sample, and is not aregulatory level. The Units for the Reporting Limit are the same as the Units for the Final Results.

Beatriz Hinojosa, Laboratory Supervisor, Carson Laboratory

20535 South Belshaw Avenue, Carson, CA 90746 / Telephone: (310) 763-2374 (888) 813-9417 / Fax: (310) 763-4450

1 of 1

APPENDIX E

SAMPLE LOCATION DIAGRAM

Westwind Sports Center18241 George Blvd.

Victorville, CA 92394

gale/Jordan associates, Inc.

3858 Carson Street, Suite 200Torrance, CA 90503

(310) 316-4377(310) 316-4558 CI21029

May 12, 2021

This Drawing is notTo Scale

Sample LocationsAre Approximate

= Bulk Suspect Lead Sample – Identified by Sample Number

UPPER ROOF

FOAM ROOFPVC ROOF

(NEW)

PVC ROOF

(NEW)

LOWER ROOF

RESTROOMS AND SHOWERS

= Bulk Suspect Asbestos Sample – Identified by Sample Number

5

PB-01 12

6

11

16

1713

7

PB-04

PB-02

PB-03PB-05

814

18

1

2

3

15

4 10 9

ROOFTOP CONDITIONS CITY OF VICTORVILLE / WESTWINDS SPORTS CENTER

During the on-site inspection, the following conditions / deficiencies were noted:

GENERAL

This property consists of 5 sections of different roof types:

Section 1 - single-ply roof

Section 2 - metal roof with a foam coating

Sections 3, 4 and 5 - built-up roofs

The majority of the roofs are in fair condition and can be reinforced with WeatherWeld by leaving the existing roofs

in place.

DRAINS

Sections 1, 3, 4 and 5 are flat roofs that drain to flush mount roof drains. There is ponding water at drainage edges

and crickets.

Section 2 is a sheet metal panel roof with a foam coating and drains to an inlaid gutter between section 1.

OVERVIEW RECOMMENDATION

The design of the existing roofs on the building with such little slope is problematic for keeping the building

watertight. It appears that, over time, the building has been consistently renovated with additions. It is recommended

to have a structural inspection on the entire building, especially on sections 3, 4 and 5, due to ponding water.

With the discrepancies noted during this inspection, along with the age of the roof (over 15 years old), action is

required to prolong the roof with a long-term, high-tensile strength reinforcement system designed to last the life of

the building.

51

BUILDING DIAGRAM CITY OF VICTORVILLE / WESTWINDS SPORTS CENTER

4 5

52

INSPECTION DETAILS & PHOTOS CITY OF VICTORVILLE / WESTWINDS SPORTS CENTER – SECTION 1

ROOFTOP INSPECTION

INSPECTION DATE: December 2018 CORE SAMPLE: Yes

INSPECTION TYPE: Visual / Diagnostic DECK CONDITION: Structural inspection required

ROOF LEAK DATA: Yes SOURCE: Visual

EXISTING ROOF TYPE / RATING GOOD / FAIR / POOR

DECK: Inspection required

FIELD – EXISTING ROOF: Poor

FIELD SEAMS – EXISTING ROOF: Poor

PERIMETER – EXISTING ROOF: Poor

PENETRATIONS – EXISTING ROOF: Poor

WALLS – EXISTING: Poor

DRAINS: Poor

SKYLIGHTS: N/A

COUNTER FLASHINGS: N/A

DEBRIS ON ROOF? No

LEGEND Good: Describes a condition where the item is in good working order. Should have years of usable life to fulfill the item’s given purpose.

Fair: Describes a condition where the item is in questionable working order. Normal wear and tear / lifecycle of item should be considered.

Usable life to fulfill the item’s given purpose is unknown and repair or replacement options should be considered.

Poor: Describes a condition where the item is not functioning or serving the need it was designed for. The item is at the end of its useful life.

Replacement is recommended.

Single-ply Tear-off

53

INSPECTION DETAILS & PHOTO CITY OF VICTORVILLE / WESTWINDS SPORTS CENTER – SECTION 2

ROOFTOP INSPECTION

INSPECTION DATE: December 2018 CORE SAMPLE: Yes

INSPECTION TYPE: Visual / Diagnostic DECK CONDITION: Structural inspection required

ROOF LEAK DATA: Yes SOURCE: Visual

EXISTING ROOF TYPE / RATING GOOD / FAIR / POOR

DECK: Inspection required

FIELD – EXISTING ROOF: Poor

FIELD SEAMS – EXISTING ROOF: Poor

PERIMETER – EXISTING METAL ROOF: Poor

PENETRATIONS – EXISTING ROOF: Poor

WALLS – EXISTING: Poor

DRAINS – EXISTING GUTTER: Poor

SKYLIGHTS: N/A

COUNTER FLASHINGS: N/A

DEBRIS ON ROOF? No

LEGEND Good: Describes a condition where the item is in good working order. Should have years of usable life to fulfill the item’s given purpose.

Fair: Describes a condition where the item is in questionable working order. Normal wear and tear / lifecycle of item should be considered.

Usable life to fulfill the item’s given purpose is unknown and repair or replacement options should be considered.

Poor: Describes a condition where the item is not functioning or serving the need it was designed for. The item is at the end of its useful life.

Replacement is recommended.

Metal with foam

54

INSPECTION DETAILS CITY OF VICTORVILLE / WESTWINDS SPORTS CENTER – SECTION 3

ROOFTOP INSPECTION

INSPECTION DATE: December 2018 CORE SAMPLE: Yes

INSPECTION TYPE: Visual / Diagnostic DECK CONDITION: Structural inspection required

ROOF LEAK DATA: Yes SOURCE: Visual

EXISTING ROOF TYPE / RATING GOOD / FAIR / POOR

DECK: Inspection required

FIELD – EXISTING ROOF: Poor

FIELD SEAMS – EXISTING ROOF: Poor

PERIMETER – EXISTING METAL ROOF: Poor

PENETRATIONS – EXISTING ROOF: Poor

WALLS – EXISTING: Poor

DRAINS – EXISTING GUTTER: Poor

SKYLIGHTS: N/A

COUNTER FLASHINGS: N/A

DEBRIS ON ROOF? No

LEGEND Good: Describes a condition where the item is in good working order. Should have years of usable life to fulfill the item’s given purpose.

Fair: Describes a condition where the item is in questionable working order. Normal wear and tear / lifecycle of item should be considered.

Usable life to fulfill the item’s given purpose is unknown and repair or replacement options should be considered.

Poor: Describes a condition where the item is not functioning or serving the need it was designed for. The item is at the end of its useful life.

Replacement is recommended.

55

INSPECTION PHOTOS CITY OF VICTORVILLE / WESTWINDS SPORTS CENTER – SECTION 3

This photo shows ponding at roof edge. Structural inspection is recommended.

Open penetrations in rooftop equipment and ducts funnel water into the building. It is

recommended to install proper flashings to ensure building stays watertight.

It is recommended to replace perimeter edge metal

56

INSPECTION DETAILS CITY OF VICTORVILLE / WESTWINDS SPORTS CENTER – SECTION 4

ROOFTOP INSPECTION

INSPECTION DATE: December 2018 CORE SAMPLE: Yes

INSPECTION TYPE: Visual / Diagnostic DECK CONDITION: Structural inspection required

ROOF LEAK DATA: Yes SOURCE: Visual

EXISTING ROOF TYPE / RATING GOOD / FAIR / POOR

DECK: Inspection required

FIELD – EXISTING ROOF: Poor

FIELD SEAMS – EXISTING ROOF: Poor

PERIMETER – EXISTING METAL ROOF: Poor

PENETRATIONS – EXISTING ROOF: Poor

WALLS – EXISTING: Poor

DRAINS – EXISTING GUTTER: Poor

SKYLIGHTS: N/A

COUNTER FLASHINGS: N/A

DEBRIS ON ROOF? No

LEGEND Good: Describes a condition where the item is in good working order. Should have years of usable life to fulfill the item’s given purpose.

Fair: Describes a condition where the item is in questionable working order. Normal wear and tear / lifecycle of item should be considered.

Usable life to fulfill the item’s given purpose is unknown and repair or replacement options should be considered.

Poor: Describes a condition where the item is not functioning or serving the need it was designed for. The item is at the end of its useful life.

Replacement is recommended.

57

INSPECTION DETAILS & PHOTO CITY OF VICTORVILLE / WESTWINDS SPORTS CENTER – SECTION 5

ROOFTOP INSPECTION

INSPECTION DATE: December 2018 CORE SAMPLE: Yes

INSPECTION TYPE: Visual / Diagnostic DECK CONDITION: Structural inspection required

ROOF LEAK DATA: Yes SOURCE: Visual

EXISTING ROOF TYPE / RATING GOOD / FAIR / POOR

DECK: Inspection required

FIELD – EXISTING ROOF: Poor

FIELD SEAMS – EXISTING ROOF: Poor

PERIMETER – EXISTING METAL ROOF: Poor

PENETRATIONS – EXISTING ROOF: Poor

WALLS – EXISTING: Poor

DRAINS – EXISTING GUTTER: Poor

SKYLIGHTS: N/A

COUNTER FLASHINGS: N/A

DEBRIS ON ROOF? No

LEGEND Good: Describes a condition where the item is in good working order. Should have years of usable life to fulfill the item’s given purpose.

Fair: Describes a condition where the item is in questionable working order. Normal wear and tear / lifecycle of item should be considered.

Usable life to fulfill the item’s given purpose is unknown and repair or replacement options should be considered.

Poor: Describes a condition where the item is not functioning or serving the need it was designed for. The item is at the end of its useful life.

Replacement is recommended.

Equipment

58

SCOPE OF WORK CITY OF VICTORVILLE / WESTWINDS SPORTS CENTER

SCOPE OF WORK

REINFORCE EXISTING FLAT ROOF SPECIFICATION: WW-R-16-30-A (Sections 1, 2, 3 & 4)

NEW ROOF SPECIFICATION: WW-NCN-1B-16-30-A (Section 5)

LINE ITEMS

1. Perform structural inspection on entire building

2. Replace damaged plywood as needed

3. Install new roof drains as required

4. Install sheet metal flashings, including edge metal and flashing, as required

5. Correct ponding water structurally, if required, or topically using tapered insulation

Thank you for the opportunity to submit this report. The representative for this project is Michael Jones and he

can be reached at (888) 440-3224 or on his cell phone at (951) 285-5488.

LIMITATIONS : THE CONTENT OF THIS REPORT REPRESENTS THE AUTHOR’S OPINION AND IS BASED ON LIMITED OBSERVATION.

IT SHOULD BE UNDERSTOOD THAT THERE IS NO GUARANTEE OR WARRANTY, EXPRESSED OR IMPLIED, CONNECTED WITH THIS

REPORT. WE CANNOT ASSUME ANY LIABILITY FOR DAMAGES WHICH MAY RESULT FROM ANY CONDITIONS WHICH THIS REPORT

MIGHT NOT DISCLOSE. THIS REPORT IS PREPARED FOR THE CONFIDENTIAL AND EXCLUSIVE USE OF OUR CLIENT. CONDITIONS

OBSERVED AND NOTED ARE NOT INCLUSIVE OF EVERY SITUATION, BUT OF TYPICAL AND SPECIFIC CONDITIONS.

61

DIV. LIQUIFORM TECHNOLOGIES INC 9757 7TH STREET, SUITE 803

RANCHO CUCAMONGA, CA 91730 (888)440-3224 | WWW.WEATHERWELD.COM

WW-NCN-1B-16-30-A | NEW ROOF | 30-YEAR WARRANTY

Physical Characteristics Minimum Strength (ASTM D 4830-523) MD 300 lb. Minimum @ 77° F CMD 300 lb. Minimum @ 77° F Minimum Elongation (ASTM D 2523-78) 10% Minimum @ 77° F Minimum Puncture (ASTM D 4830-88) 790 lb. Minimum @ 77° F Weight 2.20 lb. per 100 sq. ft. Thickness 300 mil dry Fire Rating UL Class “A”

USES: This system is intended for use on new construction consisting of either solid wood or plywood decks. MATERIALS: The WeatherWeld fiberglass-reinforced emulsion composite shall be comprised of a minimum of 30 gal. of high solids emulsion and is uniformly and evenly disbursed within a 16 lb. application of a high-strength, multi-filament Type E fiberglass per 100 sq. ft. of roof area. Material amounts are nominal averages but no area shall be less than 240 mil upon completion. Fiberglass must be disbursed from the WeatherWeld application gun in varying lengths up to 24”. Both fiberglass and emulsion must be thoroughly mixed before coming in contact with roof deck. Reflective coating system shall meet California Title 24 requirements and shall be applied at a rate not less than 3 gal. per 100 sq. ft.

Specification System & Dry Weights (per 100 sq. ft) #75 Mineral-Surfaced Cap Sheet Inverted 75 lb.

Asphalt Emulsion 30 gal.

Fiberglass Roving 16 lb.

Reflective Coating Varies

Approximate Total Weight 220 lb.

PART 2 – PRODUCTS 1. ACCEPTABLE MANUFACTURERS

A. WeatherWeld Seamless Roofing Division of Liquiform Technologies Inc 9757 7th St #803, Rancho Cucamonga, CA 91730 (888) 440-3224

Approved system materials list available upon request.

2. BULK DELIVERY A. Bulk-delivered material shall be accompanied by

approved system component bill of lading. 3. MATERIALS

A. Seamless Composite 1. Asphalt Emulsion – 30 gal. 2. Fiberglass Roving – 16 lb.

B. Base– 1 Layer 1. #75 Mineral-Surfaced Cap Sheet 2. Base Sheet Adhesive/Fastener – FM I-90

C. Reflective Surfacing 1. CA Title 24 Cool Roof Reflective Coating

(3 gal. per 100 sq. ft.) D. Miscellaneous Products

1. SBS Modified Self-Adhesive Membrane 2. Polyester Fabric 3. Approved Mechanical Fasteners 4. Pipe Supports

PART 3 – APPLICATION 1. GENERAL

A. WeatherWeld General Requirements and Product Data are a part of this specification.

2. EXAMINATION A. Inspect existing roof and advise owner, in writing, of

any corrections required before proceeding with roofing.

3. PREPARATION A. Base sheet: Install mineral-surfaced cap sheet

inverted, lapping 2” on center and 4” at end laps using approved fasteners. The fastening pattern shall meet, at minimum, FM I-90 requirements.

B. Refer to the current WeatherWeld specification manual for specific details.

C. Roof jacks shall be replaced with minimum 24 ga. galvanized sheet metal. Existing flashings in usable condition may be cleaned and reused. Set flashings in adhesive and fasten on 3” centers using approved fasteners. Install 240 mil of WeatherWeld composite, extending minimum 8” onto the prepared roof surface.

D. Storm collars: All penetrations shall have minimum 24 ga. sheet metal storm collars attached 1” above the top of the flashing opening. Install sealant and draw band.

E. Drains shall be inspected

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SPECIFICATION NCN-1B-16-30-A - 2

1. Scuppers: Seal outside exterior wall flange and ensure leading edge is turned down.

2. Flush drains: Remove drain bolt and compression ring. Cover drain pipe opening to protect from debris. Field applications of WeatherWeld shall extend into drain bowl. Reinstall compression ring.

3. Wall scuppers shall be treated similarly so that field layers of composite adhere to the metal flange.

F. Edge flashing: 24 ga. galvanized metal drip edge flashing shall be installed at drainage edges. End laps shall be 4”. Field fastening of metal edge shall be on 6” centers. Cover with minimum 240 mil of WeatherWeld composite, extending 8” onto field applications.

G. Cant strip: Minimum 3” shall be installed in angle intersections of base flashings, vertical walls and curbs. Set cant in adhesive. Miter cant at ending edges, as needed, to provide a smooth transition.

H. Parapet walls: Extend field applications to the top outside edge of parapet walls. Coping metal shall be reinstalled if reusable or new coping of like kind shall be installed. Concrete parapets shall be covered with the same application of WeatherWeld composite as the field. Composite application shall solidly adhere to the top of the parapet wall. Concrete panel joints shall be divorced from the roofing system prior to application by installing an 18” dry separation sheet. Solidly adhere one 36” polyester ply in emulsion extending 9” beyond separation sheet. Inside and outside corners shall be divorced from composite application by installing a 12” dry separation sheet half on the deck and half up the wall, extending 20’ from the corner.

I. Curb Mounted Rooftop Equipment: Extend field applications onto equipment curbs. 24 ga. sheet

metal pans shall be installed on equipment curbs. J. Pitch pan flashing of penetrations may be used

where it is not possible to install sheet metal penetration flashings. Pitch pan flashings shall be encapsulated with 240 mil of WeatherWeld composite extending onto field applications.

K. Pipe supports shall be installed under all pipes. Supports shall not penetrate roofing materials.

4. APPLICATION A. Over the prepared roof surface, install WeatherWeld

application at a rate of 30 gal. of emulsion and 16 lb. of fiberglass reinforcement per 100 sq. ft. The fiberglass reinforcement shall be applied in varying lengths up to 24”. Areas where the composite accumulates (e.g. base flashings and penetrations) in excess of 300 mil thick wet shall be brushed to prevent surface crazing.

B. Coverage shall be uniform and extend to the top of all base flashings, intersections and walls. In no area is the total seamless composite thickness to be less than 240 mil dry.

5. REFLECTIVE COATING A. Follow manufacturer’s printed installation

instructions. B. Wash roof surface with high-pressure water, remove

debris and allow to dry. 1. Title 24 Coating

a. Apply approved coating system according to coating manufacturer’s written instructions.

b. Any areas that peel must be redone before the project will be considered complete.

c. 12-year reflective coating warranty shall be provided from the reflective coating manufacturer upon completion.

6. WARRANTY A. 30-year manufacturer warranties available through

approved contractors.

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SECTION 07522 - 1 NCN-1B-16-30-A - SEAMLESS COMPOSITE ROOFING

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section.

1.2 SUMMARY

A. This Section includes the following:

1. Cold-applied seamless reinforcement composite membrane roofing system

B. Related Sections include the following:

1. Division 07 Section "Sheet Metal Flashing and Trim" for metal roof penetration flashings, flashings, and counter-flashings

2. Division 07 Section "Joint Sealants"

3. Division 15 Section "Plumbing Fixtures" for roof drains

1.3 DEFINITIONS

A. Roofing Terminology: Refer to ASTM D 1079 and glossary of NRCA's "The NRCA Roofing and Waterproofing Manual" for definition of terms related to roofing work in this Section.

1.4 PERFORMANCE REQUIREMENTS

A. General: Provide installed roofing membrane and base flashings that remain watertight, do not permit the passage of water, and resist specified uplift pressures, thermally-induced movement and exposure to weather without failure.

B. Material Compatibility: Provide roofing materials that are compatible with one another under conditions of service and application required, as demonstrated by roofing manufacturer based on testing and field experience.

C. Energy Performance:

1. Low-Slope Roofs: Provide roofing system with Solar Reflectance Index not less than 78 when calculated according to ASTM E 1980, based on testing identical products by a qualified testing agency.

2. Roof membrane finish shall comply with current California Title 24 Part 6 requirements: minimum 3-year aged solar reflectance of 0.55 and minimum thermal emittance of 0.75.

1.5 SUBMITTALS

A. Product Data: For each type of product indicated.

B. Shop Drawings: For roofing system, include plans, elevations, sections, details and attachments to other work.

1. Base flashings, cants and membrane terminations

2. Crickets and tapered edge strips, including slopes

C. Installer Certificates: Signed by roofing system manufacturer, certifying that installer is approved, authorized or licensed by manufacturer to install roofing system.

D. Qualification Data: For installer and manufacturer

E. Product Test Reports: Based on evaluation of comprehensive tests performed by manufacturer and witnessed by a qualified testing agency, for components of roofing system.

F. Research & Evaluation Reports: For components of roofing system.

1. Include report from UL, ICC, FMG or another testing and inspecting agency acceptable to authorities having jurisdiction, stating entire system meets fire-test-response characteristics listed.

G. Maintenance Data: For roofing system, to include in maintenance manuals.

H. Warranties: Warranties specified in this Section.

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SECTION 07522 - 2 NCN-1B-16-30-A - SEAMLESS COMPOSITE ROOFING

I. Inspection Report: Copy of roofing system manufacturer's inspection report of completed roofing installation.

1.6 QUALITY ASSURANCE

A. Installer Qualifications: A qualified firm that is approved, authorized or licensed by roofing system manufacturer to install manufacturer's product and eligible to receive manufacturer's warranty.

B. Manufacturer Qualifications: A qualified manufacturer that has UL listing for roofing system identical to that used for this project.

C. Testing Agency Qualifications: An independent testing agency with the experience and capability to conduct the testing indicated, as documented according to ASTM E 548.

D. Source Limitations: Obtain components for roofing system approved by roofing system manufacturer.

E. Wind Resistance: Provide roofing membrane, base flashings and component materials that comply with requirements in FMG 4450, FMG 4470, UL 580 or UL 1897 as part of a membrane roofing system.

1. Wind Load Resistance: 1-90

F. Fire-Test-Response Characteristics: Provide roofing materials with the fire-test-response characteristics indicated as determined by testing identical products per test method below by UL, FMG or another testing and inspecting agency acceptable to authorities having jurisdiction. Materials shall be identified with appropriate markings of applicable testing and inspecting agency.

1. Exterior Fire-Test Exposure: Class A ASTM E 108 for application and roof slopes indicated.

G. Pre-Installation Conference: Conduct conference at project site. Comply with requirements in Division 01 Section "Project Management and Coordination." Review methods and procedures related to roofing system including, but not limited to, the following:

1. Meet with owner, architect, owner's insurer if applicable, testing and inspecting agency representative, roofing installer, roofing system manufacturer’s representative, deck installer, and installers whose work interfaces with or affects roofing, including installers of roof accessories and roof-mounted equipment.

2. Review methods and procedures related to roofing installation, including manufacturer's written instructions.

3. Review and finalize construction schedule and verify availability of materials, installer's personnel, equipment and facilities needed to make progress and avoid delays.

4. Examine deck substrate conditions and finishes for compliance with requirements, including flatness and fastening.

5. Review structural loading limitations of roof deck during and after roofing.

6. Review base flashings, special roofing details, roof drainage, roof penetrations, equipment curbs and condition of other construction that will affect roofing system.

7. Review governing regulations and requirements for insurance and certificates, if applicable.

8. Review temporary protection requirements for roofing system during and after installation.

9. Review roof observation and repair procedures after roofing installation.

1.7 DELIVERY, STORAGE, AND HANDLING

A. Deliver roofing materials to project site in original containers, with seals unbroken, and labeled with manufacturer's name, product brand name and type, date of manufacture, and directions for storage. For bulk-delivered materials, delivery receipts and material manifests shall identify manufacturer’s name and product designation.

B. Store liquid materials in their original, undamaged containers in a clean, dry and protected location, and within the temperature range required by roofing system manufacturer. Protect stored liquid material from direct sunlight.

1. Discard and legally dispose of liquid material that cannot be applied within its stated shelf life.

C. Protect roofing materials from physical damage and from deterioration due to sunlight, moisture, soiling and other sources. Store in a dry location. Comply with manufacturer's written instructions for handling,

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SECTION 07522 - 3 NCN-1B-16-30-A - SEAMLESS COMPOSITE ROOFING

storing and protecting during installation.

D. Handle and store roofing materials and equipment in a manner to avoid permanent deflection of deck.

1.8 PROJECT CONDITIONS

A. Weather Limitations: Proceed with installation only when existing and forecast weather conditions permit roofing system to be installed according to manufacturer's written instructions and warranty requirements.

1.9 WARRANTY

A. Warranty: Manufacturer's standard form, without monetary limitation, in which manufacturer agrees to repair or replace components of roofing system within specified warranty period.

1. Warranty includes roofing membrane and base flashings.

2. Warranty Period: Thirty (30) years from date of Substantial Completion.

B. Coating Warranty: Manufacturer’s standard form, without monetary limitation, in which coating manufacturer agrees to repair or replace coating that fails in materials or workmanship within specified warranty period. Failure includes shrinkage, flaking, chipping and peeling during normal wear.

1. Warranty Period: Twelve (12) years from date of Substantial Completion.

C. Project Warranty: Submit roofing installer's warranty, signed by installer, covering work of this Section, including all components of roofing system such as roofing membrane, base flashing, roof insulation, fasteners, cover boards and walkway products for the following warranty period:

1. Warranty Period: Two (2) years from date of Substantial Completion.

PART 2 - PRODUCTS

2.1 MANUFACTURERS

A. Manufacturers: Subject to compliance with requirements, provide the following composite roofing membrane:

1. Liquiform Technologies Inc - WeatherWeld System NCN-1B-16-30-A or equal

2. Equal systems from The Garland Company or Tremco Roofing will be considered, providing the systems meet warranty requirements, physical characteristics and do not use solvents or fire during installation.

2.2 COMPOSITE ROOFING MEMBRANE MATERIALS

A. Physical Characteristics:

1. Total weight: 2.20 lb./sq. ft. dry

2. Total thickness: 300 mil dry

3. Minimum Strength: 300 psi of width per ASTM D 4830

4. Minimum Elongation: 10% per ASTM D 4830

5. Minimum Puncture: 700 lb. per ASTM D 4830

6. Water Absorption: 1% max by weight per ASTM D 570

7. Fire Rating: UL Class “A” Assembly and Spread of Flame

8. Roofing system shall comply with 2007 CBC, Chapter 15

B. Cap Sheet: #80 Mineral Surfaced Underlayment

C. Base Sheet Adhesive / Mechanical Fastener

D. Asphalt Emulsion

E. Fiberglass Reinforcement (Type E)

F. Acrylic Surfacing: CA Title 24 Coating

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SECTION 07522 - 4 NCN-1B-16-30-A - SEAMLESS COMPOSITE ROOFING

2.3 AUXILIARY ROOFING MEMBRANE MATERIALS

A. General: Auxiliary materials recommended by roofing system manufacturer for intended use and compatible with roofing membrane.

B. Modified Self-Adhered Sheet

C. Fasteners: Factory-coated steel fasteners and metal meeting corrosion-resistance provisions in FMG 4470, designed for fastening roofing membrane components to substrate, tested by manufacturer for required pullout strength and acceptable to roofing system manufacturer.

D. Flashing Adhesive

E. Metal Flashing Sheet: Metal flashing sheet is specified in Division 07 Section "Sheet Metal Flashing and Trim."

F. Flashing / Slip / Divorce / Separation Sheet

G. Polyester Sheet

H. Polymer Pipe Supports

I. Movable Pipe Hangers

J. Miscellaneous Accessories and Backing: Provide miscellaneous accessories and backing recommended by roofing system manufacturer.

2.4 ROOFING ACCESSORIES

A. General: Roofing accessories recommended by manufacturer for intended use and compatible with membrane roofing.

B. Fasteners: Factory-coated steel fasteners and metal or plastic plates meeting corrosion-resistance provisions in FMG 4470, designed for fastening roof insulation to substrate and acceptable to roofing system manufacturer.

C. Cant Strips: ASTM C 728 perlite insulation board.

D. Wood Nailer Strips: Comply with requirements in Division 06 Section “Miscellaneous Carpentry."

E. Tapered Edge Strips: ASTM C 728 perlite insulation board.

F. Substrate Joint Tape: 6- or 8-in. wide, coated, glass-fiber joint tape.

2.5 WALKWAYS

A. Walkway Pads: Mineral-granule-surfaced, reinforced asphaltic composition, slip-resisting pads, manufactured as a traffic pad for foot traffic and acceptable to roofing system manufacturer, 1/2-in. thick, minimum.

1. Pad Size: 3-ft. by 5-ft. minimum.

PART 3 - EXECUTION

3.1 EXAMINATION

A. Examine substrates, areas and conditions, with installer present, for compliance with the following requirements and other conditions affecting performance of roofing system:

1. Verify that roof openings and penetrations are in place, set and braced, and that roof drains are securely clamped in place.

2. Verify that cants, blocking, curbs and nailers are securely anchored to roof deck and parapets at penetrations and terminations, and that nailers match thickness of insulation.

3. Verify that surface plane flatness and fastening of roof deck complies with requirements in Division 05 Section “Roof Deck."

4. Verify that concrete curing compounds that will impair adhesion of roofing components to roof deck have been removed.

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SECTION 07522 - 5 NCN-1B-16-30-A - SEAMLESS COMPOSITE ROOFING

5. Verify that substrate is visibly dry and free of moisture. Test for capillary moisture by plastic sheet method, according to ASTM D 4263.

6. Verify that surfaces are clean, rigid, dry, smooth and free from cracks, holes, blisters, debris and sharp changes in elevation greater than 1/4 in.

7. Proceed with installation only after unsatisfactory conditions have been corrected.

3.2 PREPARATION

A. Prior to application, the surface shall be washed with water to provide a clean, dry surface. Wash water may be required to be collected, depending on contamination concentrations and the roof water collection design of the building. Check with local sanitation district for guidelines and permits that may be required in disposing of wash water by connecting to the sanitary system of the property.

B. Clean substrate of dust, debris, moisture and other substances detrimental to roofing installation, according to roofing system manufacturer's written instructions. Remove sharp projections.

C. Prevent materials from entering and clogging roof drains and conductors, and from spilling or migrating onto surfaces of other construction. Remove roof drain plugs when no work is taking place or when rain is forecast.

D. Protect adjacent materials and lower paving, prior to starting work, per roofing system manufacturer’s instructions.

E. Comply with roofing and system manufacturers’ written instructions and applicable recommendations of NRCA for installing roof system.

3.3 ROOFING MEMBRANE INSTALLATION - GENERAL

A. Install roofing membrane system according to roofing system manufacturer's written instructions and applicable recommendations of ARMA/NRCA.

B. Start installation of roofing membrane in presence of roofing system manufacturer's technical personnel.

C. Cooperate with testing and inspecting agencies engaged or required to perform services for roofing system installation.

D. Coordinate roofing system installation so materials and other components of the roofing membrane system that will not be permanently exposed are not subjected to precipitation or left uncovered at the end of the workday or when rain is forecast.

1. Provide tie-offs at the end of each day's work to cover exposed roofing membrane sheets and insulation with a course of coated felt set in roofing cement or hot roofing asphalt with joints and edges sealed.

2. Complete terminations and base flashings and provide temporary seals to prevent water from entering completed sections of roofing system.

3. Remove and discard temporary seals before beginning work on adjoining roofing.

E. Substrate Joint Penetrations: Prevent roofing asphalt from penetrating substrate joints, entering building, or damaging roofing system components or adjacent building construction.

3.4 BASE SHEET INSTALLATION

A. Install lapped base sheet course, extending the sheet over and terminating beyond cants. Attach base sheet as follows:

1. Mechanically fasten to substrate.

2. Extend up to the top of all base flashings.

3.5 FLASHING INSTALLATION

A. Refer to the manufacturer’s specification manual for specific detail drawings. The materials used in these preparation steps are in addition to the main fiberglass composite application.

B. All flashings shall have a minimum of 240 mil of fiberglass composite upon completion of the installation.

1. Building Joints: Any joint in the structure intended to allow for movement shall be divorced from the

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SECTION 07522 - 6 NCN-1B-16-30-A - SEAMLESS COMPOSITE ROOFING

seamless reinforcement composite by installing an 18-in. wide dry slip sheet consisting of cap sheet, inverted mineral-side down, laid dry over the joint and extending 3 ft. at each end. Over the slip sheet, solidly adhere a 36-in. polyester ply in 4 gal. of emulsion and reinforce with 240 mil of seamless composite.

2. Base Flashings / Cant Strip: Minimum 3-in. cant strips shall be installed in intersections of base flashings, vertical walls and curbs. Set cant in adhesive or nail 24 in. on center. Miter cant at ending edges, as needed, to provide a smooth transition.

For 20 ft. from each inside or outside structural building corner, install a 12-in. strip of cap sheet, laid mineral side down, dry into the base flashing half up the wall, half on the roof, to provide a slip sheet for building movement between the roof deck and vertical wall. Over the slip sheet, install an 18-in. strip of polyester half up the vertical and half on the roof, solidly adhered in 6 gal. per sq. of emulsion.

3. Storm Collars: All penetrations shall have minimum 24-ga. galvanized sheet metal storm collars attached approximately 1 in. above the top of the jack flashing opening and sealed with a draw band. The choice of metals shall not cause any galvanic incompatibility with the flashing, penetration or the deck.

4. Drains: Drains shall be inspected for pipe ruptures and scuppers shall be inspected to make sure they are sealed on all four sides on the outside of the exterior wall. On flush mount drains, compression rings and bolts shall be removed, and drain pipe opening shall be covered to protect from debris. Install 240 mil of fiberglass composite completely into the drain and seal to the bowl. All field applications shall adhere to the sides of the drain bowl. After system is dry, reinstall compression ring. Wall scuppers shall be treated similarly so that field layers of composite extend 2 in. beyond the field applications, to adhere a minimum of 2 in. to the metal of the inside of the scupper. Note: plastic drains are not suitable for attachment of seamless reinforcement composite materials.

5. Edge Metal Flashing: Install 24-ga. galvanized steel sheet drip edge flashing with rise sufficient in width and height to tightly lay over the metal edge. The metal shall be wide enough to cover any outside gap in the fascia and allow a 4-in. flange onto the roof deck. End laps shall be lapped 4 in. with sealant and fastened. Field attachment shall be on staggered 6-in. centers. A continuous strip of self-adhering membrane shall be solidly adhered to the metal flange approximately 2 in. from the edge and 6 in. onto the existing roof surface. Reinforce with 240 mil of seamless composite. Field application of composite shall extend to the outside edge of the metal flashing. The composite shall be flush with the edge such that water does not pond.

6. Crickets: Where indicated, crickets of tapered insulation shall be installed as needed to minimize ponding water.

7. Parapet Walls: Shall be covered with the same 240 mil composite application and extend to the outside edge of the wall. Coping metal shall be of minimum 24-ga. continuous cleat attached on the outside of the wall or anchored by any other means that meets FM 1-90 wind uplift requirements. The top of the wall shall be covered with two applications of seamless composite prior to installation of the coping. Sheet metal joints should be field-soldered or have cover plates solidly installed in sealant and fastened as required by 1-90 requirements.

a. Concrete Masonry Unit Parapets: Unless otherwise noted, install two applications of seamless composite to the outside edge such that the seamless composite seals for a minimum of 3 in. to the CMU and forms a solid continuous seal to the top of the wall.

8. Pipe Supports:

a. All pipes 2 in. or less in diameter over the entire roof surface shall be supported in polymer pipe supports at maximum 8 ft. on center. Install per manufacturer guidelines for spacing requirements. Traffic pad cushions shall be installed under pipe supports. Fasteners shall not penetrate the roofing.

b. All pipes over 2 in. in diameter shall be supported in movable pipe hangers or other approved support system.

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SECTION 07522 - 7 NCN-1B-16-30-A - SEAMLESS COMPOSITE ROOFING

3.6 SEAMLESS COMPOSITE REINFORCEMENT INSTALLATION

A. Over the clean surface, apply one layer of the composite roofing at a rate of 30 gal. of undiluted emulsion and 16 lb. of fiberglass reinforcement per 100 sq. ft. No water or other material is to be added to the emulsion. Material amounts are nominal averages, but no area shall be less than 240 mil dry when finished. Fiberglass must be disbursed from the application gun in varying intertwined lengths, up to 24 in. Both fiberglass and emulsion must be thoroughly mixed before coming in contact with roof deck. Any loose strands shall be brushed by hand, removed or filled-in with emulsion to create a solid surface. Areas where the application accumulates in excess of 300 mil wet, such as base flashings and penetrations, shall be brushed by hand to prevent surface crazing.

3.7 REFLECTIVE COATING INSTALLATION

A. Prior to application, the surface shall be washed with water to provide a clean, dry surface. Wash water may be required to be collected, depending on contamination concentrations and the roof water collection design of the building. Check with local sanitation district for guidelines and permits that may be required in disposing of wash water by connecting to the sanitary system of the property. After the system has thoroughly dried, as registered by a reading of zero on a calibrated moisture meter, apply the reflective coating at a minimum rate of 1 1/2 gal. per 100 sq. ft. in each of two passes. Back rolling is recommended. Contractor shall check with the coating manufacturer for 12-year warranty requirements and inspection notifications. Provide daily reporting of job progress and periodic manufacturer inspections. Coating and composite manufacturers shall be notified for inspection prior to application of the reflective coating.

3.8 WALKWAY INSTALLATION

A. Walkway Pads: Install walkway pads using units of size indicated or, if not indicated, manufacturer's standard size according to manufacturer's written instructions.

1. Set walkway pads in cold-applied adhesive.

3.9 FIELD QUALITY CONTROL

A. Final Roof Inspection: Arrange for roofing system manufacturer's technical personnel to inspect roofing installation on completion and submit report to architect.

1. Notify architect or owner 48 hours in advance of date and time of inspection.

B. Repair or replace components of roofing system where test results or inspections indicate that they do not comply with specified requirements.

C. Additional testing and inspecting, at contractor's expense, will be performed to determine compliance of repaired or replaced work with specified requirements.

3.10 PROTECTING AND CLEANING

A. Protect roofing system from damage and wear during remainder of construction period. When remaining construction will not affect or endanger roofing, inspect roofing for deterioration and damage, describing its nature and extent in a written report, with copies to architect and owner.

B. In the event that the roofing system is affected by the remaining construction, correct or remove deficiencies in roofing system that do not comply with requirements, repair substrates, and repair or reinstall roofing system to a condition free of damage and deterioration at time of Substantial Completion and according to warranty requirements.

C. Clean overspray and spillage from adjacent construction using cleaning agents and procedures recommended by manufacturer of affected construction.

END OF SECTION

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DIV. LIQUIFORM TECHNOLOGIES INC9757 7TH STREET, SUITE 803

RANCHO CUCAMONGA, CA 91730 (888)440-3224 | WWW.WEATHERWELD.COM

WW-R-16-30-A | REINFORCE EXISTING FLAT ROOF | 30-YEAR WARRANTY

Physical Characteristics Minimum Strength (ASTM D 4830-523) MD 300 lb. Minimum @ 77° F

CMD 300 lb. Minimum @ 77° F Minimum Elongation (ASTM D 2523-78) 10% Minimum @ 77° F Minimum Puncture (ASTM D 4830-88) 790 lb. Minimum @ 77° F Weight 1.47 lb. per 100 sq. ft. Thickness 240 mil dry Fire Rating UL Class “A”

USES: A fully seamless composite roofing system intended for use on existing built-up, modified, polyester and single-ply roofs that do not need to be removed. The 1/4” thick composite fully adheres to the existing roof, creating a lightweight solid seamless structure that is stronger and more durable than a new roll-applied roofing system. Suitable deck substrates include plywood, concrete and insulated steel.

MATERIALS: The WeatherWeld seamless fiberglass-reinforced membrane consists of 30 gal. of high solids asphalt emulsion, which is uniformly and evenly disbursed within a 16 lb. application of a high-strength, multi-filament Type E fiberglass per 100 sq. ft. of roof area. The fiberglass reinforcement is disbursed from the WeatherWeld applicator in varying lengths up to 24” and mixed thoroughly with emulsion before coming in contact with roof deck. Reflective coating system shall meet California Title 24 requirements and shall be applied at a rate not less than 3 gal. per 100 sq. ft.

Specification System & Dry Weights (per 100 sq. ft.) Existing Smooth-Surfaced Roof > 250 lb.

Asphalt Emulsion – 30 gal. 120 lb.

Fiberglass Roving 16 lb.

Reflective Coating (approximate) > 20 lb.

Approximate Weight Composite S t

147-156 lb.

PART 2 – PRODUCTS 1. ACCEPTABLE MANUFACTURERS

A. WeatherWeld Seamless RoofingDivision of Liquiform Technologies Inc9757 7th St #803, Rancho Cucamonga, CA 91730(888) 440-3224

Approved system materials list available upon request.

2. PRODUCT DELIVERYA. Bulk-delivered material shall be accompanied by

approved system component bill of lading.3. MATERIALS (per 100 sq. ft.)

A. Seamless Composite (240 dry mil)1. Asphalt Emulsion – 30 gal.2. Fiberglass Roving – 16 lb.

B. Reflective Surfacing1. CA Title 24 Cool Roof Reflective Coating

(3 gal. per 100 sq. ft.)C. Miscellaneous Products

1. SBS Modified Self-Adhesive Membrane

2. Polyester Fabric3. Pipe Supports

PART 3 – COMPOSITE APPLICATION 1. GENERAL

A. WeatherWeld’s General Requirements and ProductData are a part of this specification. To qualify forWeatherWeld reinforcement and warranty, theexisting system must:1. Have no more than one roof covering2. Not be mopped to a nail-able deck3. Show signs that the substrate is structurally

unsound4. Contain wet insulation that cannot be dried or

removed5. Not tie-in to building components without

flashings6. Not be excessively worn as determined by

testing7. Not have equipment fastened through the roof

without counter flashings2. EXAMINATION

A. Inspect existing roof and advise owner, in writing, ofany corrections required before proceeding withroofing.

3. PREPARATIONA. Cleaning of the roof membrane shall be done using

high-pressure water or a wet broom, or both. Anytemporary repairs needed to prevent water fromentering the building during washing shall be madewith WeatherWeld composite, if possible. If

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SPECIFICATION R-16-30-A - 2

temporary repairs are made with mastic, any excessive mastic shall be removed prior to composite application.

B. Roof penetrations: Refer to current WeatherWeld drawings for specific visual detail. In general, all roof penetrations shall be primed as needed, sealed with a minimum of 240 mil of composite fully attaching to the penetration, and counter flashed with storm collar type flashings when complete. Porous materials (e.g. wood and stucco) must be counter flashed or fully encapsulated.

C. New penetrations: All bare metal flashings shall be set in adhesive, nailed on 3” centers with ring shank nails, and flashed with two layers of polyester, set in 4 gal. of emulsion each. The polyester shall be cut to leave 2” around the base of the cone of the jack adhesion of the composite application, which covers the entire cone, and onto the penetration.

D. Blisters and buckles in the existing roof membrane shall be cut and opened, and the excess edges cut off. The separation shall be coated with a thin coat of sealant or other approved adhesive and laid back flat without air pockets. The edges are to be nailed with ring shank nails on 3” centers and spot-nailed in the field of the blister to aid adhesion of the sealant. One layer of polyester in 6-8 gal. of emulsion shall be laid extending 12” past the leading edges of the blister. The polyester shall be solidly adhered to the existing roof and be left white on the top side to speed drying.

E. Storm collars: All penetrations shall have 22 ga. galvanized sheet metal, 6 lb. copper or .040 malleable aluminum cone shaped counter flashing storm collar attached approximately 1” above the top of the jack flashing opening, be sealed with caulking and have a draw band attached.

F. Drains: Remove drain bolt and compression ring. Tape bolts and cover drain pipe opening to protect from debris. Install 240 mil of composite from 8” on the roof to a minimum of 2” down the sides of drain bowl. After the system is dry, reinstall compression ring no tighter than to compress the composite by 1/16”. Drains are to be snaked to ensure clear drainage. Wall scuppers shall be treated similarly so that field layers of composite adhere to the metal of the inside of the scupper. The bottom outside corners of the scupper snout shall be cut at a 45° angle for 1/2” and bent down the half bottom edge to prevent water from running into the building. Caulk the outside of the scupper and wall joint.

G. Parapet walls: All walls shall be covered with the same components as the roofing system. Wood parapets shall be covered to the outside edge of the wall and covered coping metal. Existing metal may be reused if in good condition. Coping shall be minimum 24 ga. continuous outside cleat anchor to meet I-90 wind uplift. Concrete parapets covered with roofing shall have the roofing cut back from the

outside edge to the middle of the top of the wall and re-nailed as needed. Composite shall be applied to cover the entire wall, attaching a minimum of 3” to the outside edge of the concrete wall, forming a continuous reinforced seal of the top of the wall.

H. Concrete panel joints shall be divorced from the roofing system prior to application by installing a 12” wide dry slip sheet of inverted modified base sheet covered by an 18”-36” wide sheet of polyester ply set in 4-6 gal. of emulsion.

I. Air conditioner units and roof-mounted equipment without self-flashing curbs shall be lifted and a blanket, consisting of the same components of the roofing system, installed. The blanket shall be of sufficient size to provide a minimum 18” overlap to the field roofing. Install blankets prior to field composite application.

J. Pipe cradles are not to be adhered to the roofing or have open fasteners penetrate the roofing membrane.

4. APPLICATION A. Over the prepared roof surface, apply composite

roofing at a rate of 30 gal. of emulsion and 16 lb. of fiberglass reinforcement per 100 sq. ft. The fiberglass reinforcement shall be applied in lengths up to 24”. Any loose strands shall be brushed or removed to create a solid surface. Areas where the composite accumulates (e.g. base flashing and penetrations) in excess of 300 mil wet shall be brushed to prevent surface crazing.

B. Coverage shall be uniform and extend to the top of all base flashings, intersections and walls. In no area is the total seamless composite thickness to be less than 240 mil dry.

5. REFLECTIVE COATING A. Allow WeatherWeld composite to cure to a Tramex

meter moisture reading of zero before proceeding. B. The surface shall be washed with high-pressure

water, with all ponding areas being scrubbed to loosen the oils and dirt, and allowed to dry. 1. White Elastomeric Coating

a. Apply WeatherWeld-approved coating system according to coating manufacturer’s written instructions.

b. Any areas that peel must be redone before the project will be considered complete.

c. 12-year reflective coating warranty shall be provided from the reflective coating manufacturer upon completion.

6. WARRANTY A. 30-year warranties are available through approved

contractors

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SECTION 07522 - 1 R-16-30-A - SEAMLESS COMPOSITE ROOFING

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section.

1.2 SUMMARY

A. This Section includes the following:

1. Cold-applied seamless reinforcement composite membrane roofing system

B. Related Sections include the following:

1. Division 07 Section "Sheet Metal Flashing and Trim" for metal roof penetration flashings, flashings, and counter-flashings

2. Division 07 Section "Joint Sealants"

3. Division 15 Section "Plumbing Fixtures" for roof drains

1.3 DEFINITIONS

A. Roofing Terminology: Refer to ASTM D 1079 and glossary of NRCA's "The NRCA Roofing and Waterproofing Manual" for definition of terms related to roofing work in this Section.

1.4 PERFORMANCE REQUIREMENTS

A. General: Provide installed roofing membrane and base flashings that remain watertight, do not permit the passage of water, and resist specified uplift pressures, thermally-induced movement and exposure to weather without failure.

B. Material Compatibility: Provide roofing materials that are compatible with one another under conditions of service and application required, as demonstrated by roofing manufacturer based on testing and field experience.

C. Energy Performance:

1. Low-Slope Roofs: Provide roofing system with Solar Reflectance Index not less than 78 when calculated according to ASTM E 1980, based on testing identical products by a qualified testing agency.

2. Roof membrane finish shall comply with current California Title 24 Part 6 requirements: minimum 3-year aged solar reflectance of 0.55 and minimum thermal emittance of 0.75.

1.5 SUBMITTALS

A. Product Data: For each type of product indicated.

B. Shop Drawings: For roofing system, include plans, elevations, sections, details and attachments to other work.

1. Base flashings, cants and membrane terminations

2. Crickets and tapered edge strips, including slopes

C. Installer Certificates: Signed by roofing system manufacturer, certifying that installer is approved, authorized or licensed by manufacturer to install roofing system.

D. Qualification Data: For installer and manufacturer

E. Product Test Reports: Based on evaluation of comprehensive tests performed by manufacturer and witnessed by a qualified testing agency, for components of roofing system.

F. Research & Evaluation Reports: For components of roofing system.

1. Include report from UL, ICC, FMG or another testing and inspecting agency acceptable to authorities having jurisdiction, stating entire system meets fire-test-response characteristics listed.

G. Maintenance Data: For roofing system, to include in maintenance manuals.

H. Warranties: Warranties specified in this Section.

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SECTION 07522 - 2 R-16-30-A - SEAMLESS COMPOSITE ROOFING

I. Inspection Report: Copy of roofing system manufacturer's inspection report of completed roofing installation.

1.6 QUALITY ASSURANCE

A. Installer Qualifications: A qualified firm that is approved, authorized or licensed by roofing system manufacturer to install manufacturer's product and eligible to receive manufacturer's warranty.

B. Manufacturer Qualifications: A qualified manufacturer that has UL listing for roofing system identical to that used for this project.

C. Testing Agency Qualifications: An independent testing agency with the experience and capability to conduct the testing indicated, as documented according to ASTM E 548.

D. Source Limitations: Obtain components for roofing system approved by roofing system manufacturer.

E. Wind Resistance: Provide roofing membrane, base flashings and component materials that comply with requirements in FMG 4450, FMG 4470, UL 580 or UL 1897 as part of a membrane roofing system.

1. Wind Load Resistance: 1-90

F. Fire-Test-Response Characteristics: Provide roofing materials with the fire-test-response characteristics indicated as determined by testing identical products per test method below by UL, FMG or another testing and inspecting agency acceptable to authorities having jurisdiction. Materials shall be identified with appropriate markings of applicable testing and inspecting agency.

1. Exterior Fire-Test Exposure: Class A ASTM E 108 for application and roof slopes indicated.

G. Pre-Installation Conference: Conduct conference at project site. Comply with requirements in Division 01 Section "Project Management and Coordination." Review methods and procedures related to roofing system including, but not limited to, the following:

1. Meet with owner, architect, owner's insurer if applicable, testing and inspecting agency representative, roofing installer, roofing system manufacturer’s representative, deck installer, and installers whose work interfaces with or affects roofing, including installers of roof accessories and roof-mounted equipment.

2. Review methods and procedures related to roofing installation, including manufacturer's written instructions.

3. Review and finalize construction schedule and verify availability of materials, installer's personnel, equipment and facilities needed to make progress and avoid delays.

4. Examine deck substrate conditions and finishes for compliance with requirements, including flatness and fastening.

5. Review structural loading limitations of roof deck during and after roofing.

6. Review base flashings, special roofing details, roof drainage, roof penetrations, equipment curbs and condition of other construction that will affect roofing system.

7. Review governing regulations and requirements for insurance and certificates, if applicable.

8. Review temporary protection requirements for roofing system during and after installation.

9. Review roof observation and repair procedures after roofing installation.

1.7 DELIVERY, STORAGE, AND HANDLING

A. Deliver roofing materials to project site in original containers, with seals unbroken, and labeled with manufacturer's name, product brand name and type, date of manufacture, and directions for storage. For bulk-delivered materials, delivery receipts and material manifests shall identify manufacturer’s name and product designation.

B. Store liquid materials in their original, undamaged containers in a clean, dry and protected location, and within the temperature range required by roofing system manufacturer. Protect stored liquid material from direct sunlight.

1. Discard and legally dispose of liquid material that cannot be applied within its stated shelf life.

C. Protect roofing materials from physical damage and from deterioration due to sunlight, moisture, soiling and other sources. Store in a dry location. Comply with manufacturer's written instructions for handling,

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SECTION 07522 - 3 R-16-30-A - SEAMLESS COMPOSITE ROOFING

storing and protecting during installation.

D. Handle and store roofing materials and equipment in a manner to avoid permanent deflection of deck.

1.8 PROJECT CONDITIONS

A. Weather Limitations: Proceed with installation only when existing and forecast weather conditions permit roofing system to be installed according to manufacturer's written instructions and warranty requirements.

1.9 WARRANTY

A. Warranty: Manufacturer's standard form, without monetary limitation, in which manufacturer agrees to repair or replace components of roofing system within specified warranty period.

1. Warranty includes roofing membrane and base flashings.

2. Warranty Period: Thirty (30) years from date of Substantial Completion.

B. Coating Warranty: Manufacturer’s standard form, without monetary limitation, in which coating manufacturer agrees to repair or replace coating that fails in materials or workmanship within specified warranty period. Failure includes shrinkage, flaking, chipping and peeling during normal wear.

1. Warranty Period: Twelve (12) years from date of Substantial Completion.

C. Project Warranty: Submit roofing installer's warranty, signed by installer, covering work of this Section, including all components of roofing system such as roofing membrane, base flashing, roof insulation, fasteners, cover boards and walkway products for the following warranty period:

1. Warranty Period: Two (2) years from date of Substantial Completion.

PART 2 - PRODUCTS

2.1 MANUFACTURERS

A. Manufacturers: Subject to compliance with requirements, provide the following composite roofing membrane:

1. Liquiform Technologies Inc - WeatherWeld System R-16-30-A or equal

2. Equal systems from The Garland Company or Tremco Roofing will be considered, providing the systems meet warranty requirements, physical characteristics and do not use solvents or fire during installation.

2.2 COMPOSITE ROOFING MEMBRANE MATERIALS

A. Physical Characteristics:

1. Total weight: 1.47 lb./sq. ft. dry

2. Total thickness: 240 mil dry

3. Minimum Strength: 300 psi of width per ASTM D 4830

4. Minimum Elongation: 10% per ASTM D 4830

5. Minimum Puncture: 700 lb. per ASTM D 4830

6. Water Absorption: 1% max by weight per ASTM D 570

7. Fire Rating: UL Class “A” Assembly and Spread of Flame

8. Roofing system shall comply with 2007 CBC, Chapter 15

B. Asphalt Emulsion

C. Fiberglass Reinforcement (Type E)

D. Acrylic Surfacing: CA Title 24 Coating

2.3 AUXILIARY ROOFING MEMBRANE MATERIALS

A. General: Auxiliary materials recommended by roofing system manufacturer for intended use and

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SECTION 07522 - 4 R-16-30-A - SEAMLESS COMPOSITE ROOFING

compatible with roofing membrane.

B. Modified Self-Adhered Sheet

C. Fasteners: Factory-coated steel fasteners and metal meeting corrosion-resistance provisions in FMG 4470, designed for fastening roofing membrane components to substrate, tested by manufacturer for required pullout strength and acceptable to roofing system manufacturer.

D. Flashing Adhesive

E. Metal Flashing Sheet: Metal flashing sheet is specified in Division 07 Section "Sheet Metal Flashing and Trim."

F. Flashing / Slip / Divorce / Separation Sheet

G. Polyester Sheet

H. Polymer Pipe Supports

I. Movable Pipe Hangers

J. Miscellaneous Accessories and Backing: Provide miscellaneous accessories and backing recommended by roofing system manufacturer.

2.4 ROOFING ACCESSORIES

A. General: Roofing accessories recommended by manufacturer for intended use and compatible with membrane roofing.

B. Fasteners: Factory-coated steel fasteners and metal or plastic plates meeting corrosion-resistance provisions in FMG 4470, designed for fastening roof insulation to substrate and acceptable to roofing system manufacturer.

C. Cant Strips (if applicable): ASTM C 728 perlite insulation board.

D. Wood Nailer Strips: Comply with requirements in Division 06 Section “Miscellaneous Carpentry."

2.5 WALKWAYS

A. Walkway Pads: Mineral-granule-surfaced, reinforced asphaltic composition, slip-resisting pads, manufactured as a traffic pad for foot traffic and acceptable to roofing system manufacturer, 1/2-in. thick, minimum.

1. Pad Size: 3-ft. by 5-ft. minimum.

PART 3 - EXECUTION

3.1 EXAMINATION

A. Examine substrates, areas and conditions, with installer present, for compliance with the following requirements and other conditions affecting performance of roofing system:

1. Verify that existing roof deck, existing roof, openings and penetrations are in place, set and braced, and that roof drains are securely clamped in place.

2. Verify that cants, blocking, curbs and nailers are securely anchored to roof deck and parapets at penetrations and terminations, and that nailers match thickness of insulation.

3. Verify that surface plane flatness and fastening of roof deck complies with requirements in Division 05 Section “Roof Deck."

4. Verify that existing roof and its components are visibly dry and free of moisture. Test for moisture using capillary moisture scan method.

5. Verify that surfaces are clean, rigid, dry, smooth and free from cracks, holes, blisters, debris and sharp changes in elevation greater than 1/4 in.

6. Proceed with installation only after unsatisfactory conditions have been corrected.

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SECTION 07522 - 5 R-16-30-A - SEAMLESS COMPOSITE ROOFING

3.2 PREPARATION

A. Prior to application, the surface shall be washed with water to provide a clean, dry surface. Wash water may be required to be collected, depending on contamination concentrations and the roof water collection design of the building. Check with local sanitation district for guidelines and permits that may be required in disposing of wash water by connecting to the sanitary system of the property.

B. Clean substrate of dust, debris, moisture and other substances according to roofing system manufacturer's written instructions.

C. Prevent materials from entering and clogging roof drains and conductors, and from spilling or migrating onto surfaces of other construction. Remove roof drain plugs when no work is taking place or when rain is forecast.

D. Protect adjacent materials and lower paving, prior to starting work, per roofing system manufacturer’s instructions.

E. Comply with roofing and system manufacturers’ written instructions and applicable recommendations of NRCA for installing roof system.

3.3 ROOFING MEMBRANE INSTALLATION - GENERAL

A. Install roofing membrane system according to roofing system manufacturer's written instructions.

B. Start installation of roofing membrane in presence of roofing system manufacturer's technical personnel.

C. Cooperate with testing and inspecting agencies engaged or required to perform services for roofing system installation.

D. Coordinate roofing system installation so materials and other components of the roofing membrane system that will not be permanently exposed are not subjected to precipitation or left uncovered at the end of the workday or when rain is forecast.

1. Provide tie-offs at the end of each day's work to cover exposed roofing membrane.

2. Remove and discard temporary seals before beginning work on adjoining roofing.

E. Substrate Joint Penetrations: Prevent roofing material from entering building, or damaging roofing system components or adjacent building construction.

3.4 INSTALLATION

A. Install 240 mil of composite:

1. Solidly adhere to existing roof system

2. Extend up to and under top of all base and counter flashings

3. Extend up to outside edge of parapet walls

3.5 FLASHING INSTALLATION

A. Refer to the manufacturer’s specification manual for specific detail drawings. The materials used in these preparation steps are in addition to the main fiberglass composite application.

B. All flashings shall have a minimum of 240 mil of fiberglass composite upon completion of the installation.

1. Building Joints: Any joint in the structure intended to allow for movement shall be divorced from the seamless reinforcement composite by installing an 18-in. wide dry slip sheet consisting of cap sheet, inverted mineral-side down, laid dry over the joint and extending 3 ft. at each end. Over the slip sheet, solidly adhere a 36-in. polyester ply in 4 gal. of emulsion and reinforce with 240 mil of seamless composite.

2. Base Flashings / Cant Strip: Minimum 3-in. cant strips shall be installed in intersections of base flashings, vertical walls and curbs. Set cant in adhesive or nail 24 in. on center. Miter cant at ending edges, as needed, to provide a smooth transition.

For 20 ft. from each inside or outside structural building corner, install a 12-in. strip of cap sheet, laid mineral side down, dry into the base flashing half up the wall, half on the roof, to provide a slip sheet for building movement between the roof deck and vertical wall. Over the slip sheet, install an 18-in. strip of polyester half up the vertical and half on the roof, solidly adhered in 6 gal. per sq. of

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SECTION 07522 - 6 R-16-30-A - SEAMLESS COMPOSITE ROOFING

emulsion.

3. Storm Collars: All penetrations shall have minimum 24-ga. galvanized sheet metal storm collars attached approximately 1 in. above the top of the jack flashing opening and sealed with a draw band. The choice of metals shall not cause any galvanic incompatibility with the flashing, penetration or the deck.

4. Drains: Drains shall be inspected for pipe ruptures and scuppers shall be inspected to make sure they are sealed on all four sides on the outside of the exterior wall. On flush mount drains, compression rings and bolts shall be removed, and drain pipe opening shall be covered to protect from debris. Install 240 mil of fiberglass composite completely into the drain and seal to the bowl. All field applications shall adhere to the sides of the drain bowl. After system is dry, reinstall compression ring. Wall scuppers shall be treated similarly so that field layers of composite extend 2 in. beyond the field applications, to adhere a minimum of 2 in. to the metal of the inside of the scupper. Note: plastic drains are not suitable for attachment of seamless reinforcement composite materials.

5. Edge Metal Flashing: Install 24-ga. galvanized steel sheet drip edge flashing with rise sufficient in width and height to tightly lay over the metal edge. The metal shall be wide enough to cover any outside gap in the fascia and allow a 4-in. flange onto the roof deck. End laps shall be lapped 4 in. with sealant and fastened. Field attachment shall be on staggered 6-in. centers. A continuous strip of self-adhering membrane shall be solidly adhered to the metal flange approximately 2 in. from the edge and 6 in. onto the existing roof surface. Reinforce with 240 mil of seamless composite. Field application of composite shall extend to the outside edge of the metal flashing. The composite shall be flush with the edge such that water does not pond.

6. Crickets: Where indicated, crickets of tapered insulation shall be installed as needed to minimize ponding water.

7. Parapet Walls: Shall be covered with the same 240 mil composite application and extend to the outside edge of the wall. Coping metal shall be of minimum 24-ga. continuous cleat attached on the outside of the wall or anchored by any other means that meets FM 1-90 wind uplift requirements. The top of the wall shall be covered with two applications of seamless composite prior to installation of the coping. Sheet metal joints should be field-soldered or have cover plates solidly installed in sealant and fastened as required by 1-90 requirements.

a. Concrete Masonry Unit Parapets: Unless otherwise noted, install 240 mil of seamless composite to the outside edge such that the seamless composite seals for a minimum of 3 in. to the CMU and forms a solid continuous seal to the top of the wall.

b. Parapet Walls Covered with Roofing: Unless noted otherwise, install 240 mil of seamless composite to the outside edge such that the seamless composite seals for a minimum of 3 in. to the outside edge and forms a solid continuous seal to the top of the wall.

c. Sheet metal coping is required on wood and CMU parapet walls.

8. Pipe Supports:

a. All pipes 2 in. or less in diameter over the entire roof surface shall be supported in polymer pipe supports at maximum 8 ft. on center. Install per manufacturer guidelines for spacing requirements. Traffic pad cushions shall be installed under pipe supports. Fasteners shall not penetrate the roofing.

b. All pipes over 2 in. in diameter shall be supported in movable pipe hangers or other approved support system.

3.6 SEAMLESS COMPOSITE REINFORCEMENT INSTALLATION

A. Over the clean surface, apply one layer of the composite roofing at a rate of 30 gal. of undiluted emulsion and 16 lb. of fiberglass reinforcement per 100 sq. ft. No water or other material is to be added to the emulsion. Material amounts are nominal averages, but no area shall be less than 240 mil dry when finished. Fiberglass must be disbursed from the application gun in varying intertwined lengths, up to 24 in. Both fiberglass and emulsion must be thoroughly mixed before coming in contact with roof deck. Any loose strands shall be brushed by hand, removed or filled-in with emulsion to create a solid

85

SECTION 07522 - 7 R-16-30-A - SEAMLESS COMPOSITE ROOFING

surface. Areas where the application accumulates in excess of 300 mil wet, such as base flashings and penetrations, shall be brushed by hand to prevent surface crazing.

3.7 REFLECTIVE COATING INSTALLATION

A. Prior to application, the surface shall be washed with water to provide a clean, dry surface. Wash water may be required to be collected, depending on contamination concentrations and the roof water collection design of the building. Check with local sanitation district for guidelines and permits that may be required in disposing of wash water by connecting to the sanitary system of the property. After the system has thoroughly dried, as registered by a reading of zero on a calibrated moisture meter, apply the reflective coating at a minimum rate of 1 1/2 gal. per 100 sq. ft. in each of two passes. Back rolling is recommended. Contractor shall check with the coating manufacturer for 12-year warranty requirements and inspection notifications. Provide daily reporting of job progress and periodic manufacturer inspections. Coating and composite manufacturers shall be notified for inspection prior to application of the reflective coating.

3.8 WALKWAY INSTALLATION

A. Walkway Pads: Install walkway pads using units of size indicated or, if not indicated, manufacturer's standard size according to manufacturer's written instructions.

1. Set walkway pads in cold-applied adhesive.

3.9 FIELD QUALITY CONTROL

A. Final Roof Inspection: Arrange for roofing system manufacturer's technical personnel to inspect roofing installation on completion and submit report to architect.

1. Notify architect or owner 48 hours in advance of date and time of inspection.

B. Repair or replace components of roofing system where test results or inspections indicate that they do not comply with specified requirements.

C. Additional testing and inspecting, at contractor's expense, will be performed to determine compliance of repaired or replaced work with specified requirements.

3.10 PROTECTING AND CLEANING

A. Protect roofing system from damage and wear during remainder of construction period. When remaining construction will not affect or endanger roofing, inspect roofing for deterioration and damage, describing its nature and extent in a written report, with copies to architect and owner.

B. In the event that the roofing system is affected by the remaining construction, correct or remove deficiencies in roofing system that do not comply with requirements, repair substrates, and repair or reinstall roofing system to a condition free of damage and deterioration at time of Substantial Completion and according to warranty requirements.

C. Clean overspray and spillage from adjacent construction using cleaning agents and procedures recommended by manufacturer of affected construction.

END OF SECTION

86

NOTE: ALUMINUM COATING CAN BE INSTALLED IN LIEU OF REFLECTIVE COATING SYSTEM. (CHECK LOCAL CODES)

Roof Deck(OR INSULATION IF APPLICABLE)

EXISTING ROOF SYSTEM

16-30 APPLICATION WEATHERWELD

(R-16-30-A)

installed in 1 or 2 applications

depending on weather

TITLE 24 BASE COAT

TITLE 24 TOP COAT

TITLE

NOTES

SHEET DATE SUBMITTED APPROVEDSCALE

9757 7th St. #803Rancho Cucamonga

California, 91730(888)440-2334

(909)989-0445 Faxtech@weatherweld.com

EXISTING ROOF APPLICATION STEPS 16-30

THIS DIAGRAM SHOWS THE APPLICATION STEPS

FOR INSTALLATION OF WEATHERWELD SYSTEM

R-16-30-A OVER EXISTING ROOF

N/A 1 6-2014 MJ

87

FLAT ROOF

EXISTING PLYWOOD DECK

88

EXISTING ROOF

EXISTING DECK

ROOF EDGE

CLEATFASTENED 8”O.C.

89

EXISTING DECK

EXISTING ROOF

FASTENER THROUGH EXISTING ROOF

90

EXISTING DECK

EXISTING ROOF

91

EXISTING ROOF

EXISTING DECK

92

EXISTING ROOF

EXISTING DECK

93