Item 7AGENDA ITEM NO.7
AGENDA STAFF REPORT
City of West Covina I Office of the City Manager
DATE: June 21, 2022
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: CONSIDERATION OF AN AMENDMENT OF CONSTRUCTION AGREEMENT OF
FRIENDSHIP PARK IMPROVEMENTS WITH JAYNES BROTHERS CONSTRUCTION
INC. TO ADDRESS TRIPPING HAZARDS AND LIGHTING CONCERNS - PROJECT NO.
21035
RECOMMENDATION:
It is recommended that the City Council take the following actions:
1. Increase contingency for Jaynes Brothers Construction Inc. contract to 25%, if necessary, with the
City Manager's approval, for unforeseen conditions;
2. Authorize the City Manager to approve any and all purchases and execute any and all agreements
or amendments within the total project budget of $1,000,000.
BACKGROUND:
On September 7, 2021, the City Council approved a construction agreement with Jaynes Brothers
Construction Inc. and a purchase order with Innovative Playgrounds, Co. for improvements at Friendship
Park, including playground equipment, fitness area, entry sign and basketball court improvements.
The following is the approved budget for the project:
Construction Contract with Jaynes Brothers Construction Inc.
$201,258.43
Basketball Court, Playground Equipment, Fitness Equipment
$616,882.9
and Entry Signs Purchase Order
Subtotal Construction Contract and Purchase Order
$818,141.3
Contingency Budget allowance authorization to staff to utilize
$81,814.1
for unforeseen conditions as necessary (10%)
Total Construction Estimate
$899,955.5
Project Management and Administration (Preparation of Bid
$20,000.0
Documents)
Construction Management and Inspection, CDBG Labor
$75,000.0
Compliance
Newspaper Advertisement, Misc. Expenses
$3,000.0
Project No. 21035
per accident for bodily injury and property damage.
(c) Workers' compensation insurance as required by the State of California, with Statutory
Limits, and Employer's Liability Insurance with a limit of no less than One Million Dollars
($1,000,000.00) per accident for bodily injury or disease. Contractor agrees to waive, and
to obtain endorsements from its workers' compensation insurer waiving subrogation rights
under its workers' compensation insurance policy against the City, its officers, agents,
employees, and volunteers for losses arising from work performed by Contractor for the
City and to require each of its subcontractors, if any, to do likewise under their workers'
compensation insurance policies.
By execution of this Agreement, the Contractor certifies as follows:
I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every
employer to be insured against liability of Workers' Compensation or to undertake self-
insurance before commencing any of the work.
The Contractor shall also comply with Section 3800 of the Labor Code by securing, paying
for and maintaining in full force and effect for the duration of this Agreement, complete
Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the City
before execution of this Agreement by the City. The City, its officers and employees shall
not be responsible for any claims in law or equity occasioned by failure of the Contractor
to comply with this section.
(d) Builder's Risk (Course of Construction) insurance utilizing an "All Risk" (Special Perils)
coverage form, with limits equal to the completed value of the Project and no coinsurance
penalty provisions. The Builder's Risk coverage shall name the City as a loss payee. If the
Project does not involve new or major construction, City may, in its discretion, permit an
Installation Floater. If authorized, a Property histallation Floater shall be obtained that
provides for the improvement, remodel, modification, alteration, conversion, or adjustment
to existing buildings, structures, processes, machinery and equipment. The Property
hnstallation Floater shall provide property damage coverage for any building, structure,
machinery, or equipment damaged, impaired, broken or destroyed during the performance
of the work, including during transit, installation, and testing at the project site.
If the Contractor maintains higher limits or has broader coverage than the minimums shown above,
the City requires and shall be entitled to all coverage, and to the higher limits maintained by the Contractor.
Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage
shall be available to the City.
5.2 Endorsements. The insurance policies are to contain, or be endorsed to contain, the
following provisions:
(a) Additional Insureds: The City of West Covina and its elected and appointed boards,
officers, officials, agents, employees, and volunteers are additional insureds with respect
to: liability arising out of activities performed by or on behalf of the Contractor pursuant
to its contract with the City; products and completed operations of the Contractor; premises
Rev. 01-2021
City of west Covina, California, Friendship Park Improvements f#21035) Bid Package Document Control Page 28 of 164
REFERENCES FOR WORK PER BID SCHEDULE
Date: 121100W $/4121
The following are the names, addresses and phone numbers/ email addresses for three public
agencies for which Bidder has performed similar work within the past two years.
2.
3.
City of Corona
Name and address of Public Agency
Name and Telephone No. of Project Manager
Holli Clear, (951) 279-3535
$198,258.00 Installation of new playground September 2020
Contract Amount Type of Work Date Completed
City of Arcadia
Name and address of Public Agency
Name and Telephone No. of Project Manager
Jim Flood, (619) 538-7865
$53,670.00 Installation of playground March 2020
Contract Amount Type of Work Date Completed
Ventura County
Name and address of Public Agency
Name and Telephone No. of Project Manager
Jody Howard, (805) 477-7111
$43,874.00 Installation of playgroubd June 2019
Contract Amount Type of Work Date Completed
If additional space is needed, please duplicate this sheet; do not write on the back.
. BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION "III. BID DOCUMENTS" s,.a."«:
BID DOCUMENTS
City of West Covina, California. Fnendship Park Improvements (#21035) Bid Package Document Control Page 28 of 164
REFERENCES FOR WORK PER BID SCHEDULE
Date: 8/4121
The following are the names, addresses and phone numbers/ email addresses for three public
agencies for which Bidder has performed similar work within the past two years.
2.
3.
City of West Covina
Name and address of Public Agency
Name and Telephone No. of Project Manager
Okan Demirci (714) 319-6137
$59,112.52 Installation of playground 5/5/21
Contract Amount Type of Work Date Completed
Name and address of Public Agency
Name and Telephone No. of Project Manager
Contract Amount Type of Work
Name and address of Public Agency
Name and Telephone No. of Project Manager
Contract Amount Type of Work
Date Completed
Date Completed
If additional space is needed, please duplicate this sheet; do not write on the back.
,;,,,&. BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION'911. BID DOCUMENTS -
BID 1
of Wal Gamma Caltoma, Fnendship Park hpramnants (#21015) Bd Package Dmin ert Go trd Page 107 of 164
FEDERAL REQUIREMENTS
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) REQUIRED FORMS TO
BE SUBMITTED AS PART OF THE BID
Below exhibits as identified on Exhibit A — Federal Requirements shall be submitted as part of
Bidder's Proposal.
Exhibit 1 — Federal Labor Standards Provisions
Exhibit 2 — Federal Equal Employment Opportunity/Affirmative Action Requirements
Exhibit 3 —Non-Segregated Facilities Certification (submit with bid)
Exhibit 4 — Past Performance Certification (submit with bid)
Exhibit 5 — Workers' Compensation Certification (submit with bid)
Exhibit 6 — Contractor List of Proposed Subcontractors (submit with bid)
Exhibit 7 — Report of Additional Classification and Rate — HUD Form 4230A (submit with bid)
Exhibit 8 —Notice of Equal Employment Opportunity Commitment (submit with bid)
Exhibit 9 — Section 3 Resident Certification (submit with bid)
Exhibit 10 — Section 3 Business Certification (submit with bid)
Exhibit f 1 — Section 3 Economic Opportunity Plan (submit with bid)
Exhibit 12 — Notice of Section 3 Commitment (submit with bid)
Exhibit 13 — Section 3 Economic Opportunity Report (submit upon project completion)
Exhibit 14—Federal Lobbying Certification (submit with bid)
Exhibit 15 — Section 3 Clause (this section will be incorporated to the contract)
Exhibit 16—Federal Wage Decision
A.3 — A.7
A.8 — A.17
A.18
A.19
A.20
A.21
A.22
A.23
A.24
A.25
A.26
A.27
A.28
A.29
A.30
A.32
E1dibd A- P@wA2
14
NON -SEGREGATED FACILITIES CERTIFICATION
FEDERALLY -ASSISTED CONSTRUCTION PROJECTS
The federally -assisted construction contractor certifies that he/she DOES NOT and WILL NOT:
Maintain or provide, for his/her employees, any segregated facilities at any of his/her
establishments.
Permit his/her employees to perform their services at any location, under his/her
control, where segregated facilities are maintained.
The federally -assisted contractor agrees that a breach of this certification is a violation of the Equal
Opportunity Clause in this contract. As used in this certification, the term segregated facilities means any
waiting room, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks,
locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or
entertainment areas, transportation, and housing facilities provided for employees which are segregated
by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because
of habit, local custom, or otherwise.
The federally -assisted contractor agrees that (except where he/she has obtained identical certifications
from proposed subcontractors for specific time periods) he/she will obtain identical certifications from
proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt
from the provisions of the Equal Opportunity Clause, and that he/she will retain such certifications in
his/her files.
NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.
Date: 08/04/21
Company:
Address: By: p
Title: Pr
Jaynes Brothers Construction, inc
Project Number:
996 Lawrence Drive, Suite 201, Newbury Park, CA 91320
Chase
PA111911
Exhibit A - Page A 18
CERTIFICATION
WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR
SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND
THE FILING OF REQUIRED REPORTS
The Rtidder, ❑proposed sub -contractor, hereby certifies that he/she dhas, Chas not, participated
in a previous contract or subcontract subject to the Equal Opportunity Clause, as required by
Executive Orders 10925, 11114, or 11246, and that he/she Mhas, Chas not, filed with the Joint
Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal
Government contracting or administering agency, or the former President's Committee on Equal
Employment Opportunity, all reports due under the applicable filing requirements.
Date: 08/04/21 Project Number: 21035 ContractAward: $ 201 1158,43
Awarding Agency: City of West Covina -
Contractor Name:
Affiliate Company:
By: Chase Jaynes
Title: President
Jaynes Brothers Construction, into Total Number of Employees 17
NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor
(41 CFR 60-1.7(b)(1), and must be submitted by bidders and proposed subcontractors only in connection with contracts
and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from
the equal opportunity clause are set forth in 41 CFR 60-1.5 (Generally only contracts or subcontracts of $10,000 or under
are exempt).
Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to
the Executive Orders and have not filed the required reports should note that4l CFR 60-1.7(b)(1) prevents the award of
contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period
specified by the U.S. Department of the Interior or by the Director, Office of Federal Contract Compliance, U.S.
Department of Labor.
SF-100 (EEO-1) must be filed by;
(A) All private employers who are:
(1) Subject to Title VII of the Civil Rights Act of 1964 (as amended) with 100 or more employees.
(2) Subject to Title VII who has fewer than 100 employees, if the company is owned or affiliated with
another company, or there is centralized ownership, control or management so that the group legally
constitutes a single enterprise, and the entire enterprise employs a total of 100 or more employees.
(B) All federal contractors (private employers), who:
(1) Are not exempt as provided for by 41 CFR 60-1.5
(2) Have 50 or more employees, and
a. Are prime contractors or first -tier subcontractors, and have a contract, subcontract, or purchase
order amounting to $50,000 or more; or
b. Serve as a depository of Government funds in any amount, or
c. Is a financial institution, which is an issuing, and paying agent for U.S. Savings Bonds and Notes.
Exhibit A -Page A.i9
WORKER'S COMPENSATION CERTIFICATION
I certify, by signature below, that I am aware of the provisions of Section 3700 of the
California Labor Code which require every employer to be insured against liability for
worker's compensation or to undertake self-insurance in accordance with the provisions of
that code, and I will comply with such provisions before commencing the performance of
the work of this contract.
Date: 08/04/21 Project Number: 21035
Project Name: City of West Covina California Friendship Park Improvements (#21035)
Company Name: Jaynes Brothers Construction inc
Address: 996 Lawrence Drive Suite 201 Newbury Park, CA 91320
Print Name: Chase Jaynes
Title: President
Signature:
Exhibit A - Page A20
City of test Covina. California, Friendship Park Improvements (#21035) Bid Package
Document (,ontrol Page 12 of 1%4
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U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HUD FORM 4230A
REPORT OF ADDITIONAL CLASSIFICATION AND RATE OMB Approval N,moer2507-0011
(Exp 05I30/2055,
1. FROM (name and address of requesting agency)
2. PROJECT NAME AND NUMBER
Jaynes Brothers Construction, inc
Friendship Park Improvements
996 Lawrence Drive, Suite 201
#21035
Newbury Park, CA 91320
3. LOCATION OF PROJECT (City, County and State)
City of West Covina, CA
4. BRIEF DESCRIPTION OF PROJECT
5. CHARACTER OF CONSTRUCTION
Demolition and installation of new playground
❑ Building ❑ Residential
❑ Heavy Other (specify)
❑ Highway
6. WAGE DECISION NO. (Include modification number, if any)
7. WAGE DECISION EFFECTIVE DATE
07/01I20
❑ COPY ATTACHED
8. WORK CLASSIFICATION(S)
HOURLY WAGE RATES
BASIC WAGE FRINGE BENEFIT(S) (if any)
Laborer Group 1
$36.39
$21.04
9. PRIME CONTRACTOR (name, address)
10. SUBCONTRACTOR/EMPLOYER, IF APPLICABLE (name, address)
Jaynes Brothers Construction, inc
996 Lawrence Drive, Suite 201,
Newbury Park, CA 91320
Check All That A I
❑ The work to be performed by the additional classification(s) is not performed by a classification in the applicable wage decision.
VThe proposed classification is utilized in the area by the construction industry.
❑ The proposed wage rate(s), including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the
wage decision.
❑ The interested parties, including the employees or their authorized representatives, agree on the classification(s) and wage rate(s).
❑ Supporting documentation attached, including applicable wage decision.
Check One:
Approved, meets all criteria. DOL confirmation requested.
❑ One or more classifications fail to meet all criteria as explained in agency referral. DOL decision requested.
FOR HUD USE ONLY
Chase Jaynes&42�L-08/04/21
LR2000:
Agency Representat" Dare
Log In:
(Typed name and signaf
(805) 375-1111
Log out:
Phone Number
HUDA230A ("3) PREVIOUS E"MnN lR)0B5=E
City of West Covina. California, Friendship Park Improvements (421035) Bid Package
Document Control Page 128 of 154
TO:
EQUAL EMPLOYMENT OPPORTUNITY COMMITMENT
Laborers Local 652
(Name of Labor Union. Workers Representative. etc.
1532 E. Chestnut St., Santa Ana, CA 92701
(Address)
Name of Business (Contractor):
Javnes Brothers Construction, inc
Project Name: Friendship Park Improvements Project Number:
21035
The Undersigned currently holds a contract with City of West Covina , involving
funds of the U. S. Government, or a subcontract with a prime contractor holding such contract.
You are advised that under the provisions of the above contract or subcontract, and in accordance
with Executive Order 11246, the undersigned is obligated not to discriminate against any employee
or applicant for employment because of race, color, religion, sex or national origin. This obligation
not to discriminate in employment includes, but is not limited to the follow:
1. Hiring, placement, upgrading, transfer or demotion;
2. Recruitment, advertising or solicitation for employment;
3. Treatment during employment;
4. Rates of pay or other forms of compensation;
5. Selection for training, including apprenticeship; and
6. Layoff or termination.
This notice is furnished to you pursuant to the provisions of the above contract or subcontract and
Executive Order 11246. Copies of this notice will be posted by the undersigned in conspicuous
places available to employees or applicants for employment.
Chase Jaynes
(Pnnt Name)
08/04/21
(Date)
By:
azure)
President
(rule)
Exhibit A - Page A 23
City of west Covina, California, Friendship Park Improvements (a21035) Bid Package Document Control Page 130 of IFA
SECTION 3 BUSINESS CERTIFICATION
SECTION 3 BUSINESS CERTIFICATION FORM
Business Name: Jaynes Brothers Construction, inc
Business Addttss: 996 Lawrence Drive, Suite 201
Newbury Park, CA 91320
Telephone Numbet: (805) 375-1111 Contiact/Bid Amount: 5
1. The above mentioned business firm is a Section 3 business concern based on the following qualifications:
❑ 51-percent owned by Section 3 Residents
(Submit Resident Certifications with this business certification form)
❑ At least 30-percent Permanent, full-time employees are Section 3 Residents
Total Number of all full-time employees _ , Number of Sectron 3 qualified Employees
(Submit the Resident Certification form(s) with this Busmess Certification form)
2. The above mentioned business film is not a Section 3 business concern, but commits to the Section 3 goal:
Written Commitment (Section 3 Econumrc Opportunity Plan), outline intentions to:
Hite Section 3 qualified residents at least 30- per Cent aggregate new hire positions, and/or
Subcontract 25-petcent or mare of the contract amount to Section 3 qualified business concei Lis,
THE UNDERSIGNED DECLARES THAT THE ABOVE INFORMATION IS COMPLETE AND CORRECT
08/04/21
Signature Of Ow r
r/Principal Date
Jaynes Brothers Construction, inc 896407
Business Name license Number
To Be Completed by Local Contracting Aoemy
Po efatence Cateciory: Taroeted Servxe Area Youthbuild. Other - Census Tract Number.
Exhibit A - Page A.25
Project No. 21035
owned, occupied or used by the Contractor; automobiles owned, leased, hired, or borrowed
by the Contractor.
(b) Notice of Cancelation: Each insurance policy required above shall provide that coverage
shall not be canceled, except with notice to the City.
(c) Primary Coverage: The Contractor's insurance coverage shall be primary insurance as
respects the City of West Covina, its officers, officials, agents, employees, and volunteers.
Any other insurance maintained by the City of West Covina shall be excess and not
contributing with the insurance provided by this policy.
(d) Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to
subrogation which any insurer of said Contractor may acquire against the City by virtue of
the payment of any loss under such insurance. Contractor agrees to obtain any
endorsement that may be necessary to affect this waiver of subrogation, but this provision
applies regardless of whether or not the City has received a waiver of subrogation
endorsement from the insurer.
(e) Coverage Not Affected: Any failure to comply with the reporting provisions of the policies
shall not affect coverage provided to the City of West Covina, its officers, officials, agents,
employees, and volunteers.
(f) Coverage Applies Separately: The Contractor's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except with respect to the limits of
the insurer's liability.
5.3 Deductible or Self Insured Retention. If any of such policies provide for a deductible or
self -insured retention to provide such coverage, the amount of such deductible or self -insured retention
shall be approved in advance by City. The City may require the Contractor to purchase coverage with a
lower retention or provide proof of ability to pay losses and related investigations, claim administration,
and defense expenses within the retention. The policy language shall provide, or be endorsed to provide,
that the self -insured retention may be satisfied by either the named insured or City.
5.4 Certificates of Insurance. Contractor shall provide to City certificates of insurance
showing the insurance coverages and required endorsements described above, in a form and content
approved by City, prior to performing any services under this Agreement. The City reserves the right to
require complete, certified copies of all required insurance policies, including endorsements required by
these specifications, at any time.
5.5 Non -limiting. Nothing in this Section shall be construed as limiting in any way the
indemnification provision contained in this Agreement or the extent to which Contractor may be held
responsible for payments of damages to persons or property resulting from Contractor's or its
subcontractors' performance of the work covered under this Agreement.
5.6 Subcontractors. Contractor shall require and verify that all subcontractors maintain
insurance meeting all requirements stated herein, and Contractor shall ensure that the City is listed as an
additional insured on insurance required of subcontractors.
9
Rev. 01-2021
City of West Covina, California, Friendship Park Improvements (1121035) Bid Package
Document Control Page 129 of 164
2020 INCOME CERTIFICATION
feffeatve as of April 1, 202u)
Name:
Address:
hereby certify that I am (check the appIcat4e statement below)
❑ A Public Housing resident (Speaty the Name or the Pubic llouvng ate):
❑ A low-income resident of the metropolitan area of Los Angeles70range Cnunty, based on the fnllovnng
Check - Family Size and the gross annual Income from all sources below;
FAMILY SIZE
INCOME LIMITS
1 ❑
$23,700 or less ❑
$23.701 b S39450 ❑
S39.451 to $63,100 ❑
563.lo1 or more ❑
20
S27,050 or leas❑
$27051 b$45050❑
$45051 bS72,100❑
$72,101 aurae❑
3 ❑
$30450 or leas ❑
S30,451 to $50 700 ❑
$50,701 b S87 100 ❑
S81 101 a more ❑
4 ❑
S33800 or less ❑
533.Bar b 255 Soo ❑
S56.301 b £90,10D ❑
S90.101 or more ❑
5 ❑
$216 550 or less ❑
$36,551 to $60 850 ❑
$60.851 lo 29735o ❑
$97,351 or more ❑
6 ❑
S39.250 or less ❑
S39.251 to S65,350 ❑
S65 351 b $104550 ❑
5104,651 or rrore ❑
7 ❑
S41950 ales ❑
$41961 b269,850 ❑
S69851 b$111,750 ❑
$111,751 or more ❑
8 ❑
$44 650 a lew ❑
S44851 to S74 350 ❑
1174.351 to In 18,950 ❑
$118 951 a more ❑
❑ Not a public housing or low-income resident of the metropolitan area of Los AngeleVOrange County
Certified by signature below, under penalty of perjury under the laws of the State of California, that the foregoing is true and correct
PnMFW!bins
Dde
THIS SECTION Sit.-ST BE COMPLETED BY THE ALTHORIZED Bi SIN-ESS OAKNERIAGE\T
The ahovenamed person is, ❑an applianl ❑ a its marient full -tow ❑ a newhire employee / Date of hire. ❑ WA
This persons Work Classifiabon a
Business Name PAN Name of OrtnenP;ent sipahe of Oari vAge't Data
1 H15
Nam ofLCA
Piorfea Name
Income Level. ❑6rtremely Lon ❑ Very Law ❑ Low
Preference Category
014ol income qualified for the following masonls)
❑Targeted Serra Area - Provide Census Tract
❑Youth Build Program ❑LAd(us rey Homeless Program
Print Nama of.9e 60,, .7 Coordinator
r�yc� nwnw+
❑ Over fhe quaAFying aKwre she
_ and Block Group
❑Other qualified Program
Dare
Exhibit A - Page A.24
City of west Covina. California, Friendship Park Improvements f#21035) Bid Package
Document Conhol Page 131 of 1 FA
SECTION 3 ECONOMIC OPPORTUNITY PLAN
SECTION 3 ECONOMIC OPPORTUNITY PLAN
t Name aria Address of Repo" Eni
2 Federal Ide irraton 1CantracbAwaro NO I
3 DOW Am M or Awad
Reap,eM Sub+eCrp,MI Contractor, SubcmbMtpn
21035
a ConactPerMW
6 PhoteoOoweAreaCodel
Jaynes Brothers Construction
Joseph Rochon
805 375-1111
996 Lawrence Drive, Suite 201
6 RepmlepPeriod
T Date 08/04/21��
Newbury Park, CA91320
a Program Code 10
(Use a separate sneer lot earn Program Code)
Program Codes
t 1i SL4u4r 2 Secaon 20'J61 r 3 Pren0n64" HO DeMrO+KM ooeraaa^ aw taadem:MM a Hame.ss aews:errc. 5 MOME
6 HObe-'datefemM3trea 7 CDB:,-E>"_ceneM
B CM Sb'e Aam ,xt 9 Garr CDProparM
to OCr+Itwtr9 P+eg'>^w
Part P Emnlnvmpnt and Traininn Cnmmitment
JOB
TOTAL
SECTION 3
1s of Aggregate Hues
CLASSIFICATION
NEVr HIRES
NEW HIRES
WTo are Section 3 Residents
Professionals
%
Technicians
%
Office/Clerical
%
Trade Laborer
1
1
100 %
Trade
%
Trade
%
Trade
%
Total
%
Pare Ilo Contract Award Commitment to Section 3 Businesses i5Ow aMa Smd.ers v.ro rseMaep .
NAME OF
SECTION 3 BUSINESS CONCERN
SPECIFY
CONSTRUCTION OR NONCONSTRUCTION CONTRACT
CONTRACT
AMOUNT
0
0
$ 0
S
5
S
S
S
S
TOTAL
$
Percentage of the total dollar amount to be awarded to Section 3 Business Concerns:
0 %
Exhibit A - Page A.26
NOTICE OF SECTION 3 COMMITMENT
Laborers Loca 652
TO:
(Name of Labor Union, Workers Representabve, etc.
1532 E. Chestnut St., Santa Ana, CA 92701
(Address)
Name of Business (Contractor): Jaynes Brothers Construction inc
Project Name: Friendship Park Improvements Project Number:
21035
The Undersigned currently holds a contract with City of West Covina
involving Block Grant (CDBG) funds from the U. S. Department of Housing and Urban Development
or a subcontract with a prime contractor holding such contract.
You are advised that under the provisions of the above contract or subcontract and in accordance
with Section 3 of the Housing and Urban Development Act of 1968, the undersigned is obligated to
the greatest extent feasible, to give opportunities for employment and training to lower income
residence of the CDBG-assisted project area and to award contracts for work on the project to
business concerns which are located in or are owned in substantial part by project area residence.
Regarding employment opportunities for Section 3, the minimum number and job titles are:
Minimum Job Classification
Number
1 Laborer
Regarding job referrals, request that consideration be given, to the greatest extent feasible, to
assignment of persons residing in the service area or neighborhood in which the project is located.
The anticipated date the work will begin is October, 2021 For additional information, you may
contact Chase Jaynes President at( 805 ) 375-1111
This notice is furnished to you pursuant to the provisions of the above contract or subcontract and
Section 3 of the Housing and Urban Development Act of 1968. Copies of this notice will be posted
by the undersigned in conspicuous places available to employees or applicants for employment.
Chase Jaynes
(Prim Name)
08/04/21
(Dare)
By. ���ignffin
President
BhbitA- Page A27
FEDERAL LOBBYIST CERTIFICATION
Name of Firm
Jaynes Brothers Construction, inc
Address: 996 Lawrence Drive, Suite 201, Newbury Park
State: CA Zip Code: 91320 Telephone Number: ( 805 ) 375-1111
Acting on behalf of the above named firm, as its Authorized Official, I make the following Certification to the
U. S. Department of Housing and Urban Development and the Los Angeles County Development Authorit.
1) No Federal appropriated funds have been paid by or on behalf of the above named firm to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of and Federal grant, loan or
cooperative agreement, and any extension, continuation, renewal, amendment, or modification
thereof, and;
2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee or any agency, a Member of Congress
an officer or employee of Congress or an employee of a Member of Congress in connection with
this Federal contract, grant loan, or cooperative agreement, the above named firm shall complete
and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance
with its instructions, and;
3) The above name firm shall require that the language of this certification be included in the award
documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under
grants, loans, and cooperative agreement) and that all sub -recipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into the transaction
imposed by Section 1352 Title 31, U. S. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Authorized Official:
Jaynes Brothers Construction, inc
(Con=tor/Subcomacloq
08/04/21
By:
,ahnc)
President
Exhibit A -Page A.29
EXHIBIT C
CERTIFICATES OF INSURANCE
EXHIBIT D
BONDS
Project No. 21035
5.7 Sufficiency of Insurers. Insurance required by this Agreement shall be satisfactory only
if issued by companies authorized to do business in California, rated with a current A.M. Best's rating of
no less than A:VII unless such requirements are waived by the City's Risk Manager in writing due to
unique circumstances. If the City's Risk Manager determines that the work or services to be performed
under this Agreement creates an increased risk of loss to the City, the Risk Manager may increase the
minimum limits of the insurance policies required by this Section by providing written notice to
Contractor; provided that the Contractor may appeal such determination to the City Council of City within
ten (10) days of receipt of notice from the Risk Manager.
6.0 BONDS
6.1 Labor and Materials, Performance and Warranty Bonds. Concurrently with execution
of this Agreement, Contractor shall deliver to City: (1) a labor and materials bond in an amount equal to
one hundred percent (100%) of the Contract Sum as security for the payment of all persons furnishing
labor or materials in connection with the work, (2) a performance bond in an amount equal to one hundred
percent (100%) of the Contract Sum as security for the faithful performance of this Agreement, and (3) a
warranty bond in an amount equal to fifty percent (50%) of the Contract Sum to guarantee the work for a
period of one (1) year following completion of the work, on the forms provided by the City. The bonds
shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall
be a certified and current copy of his/her power of attorney. The bonds shall be unconditional and remain
in force during the entire term of the Agreement and shall be released or exonerated only if the Contractor
promptly and faithfully performs all terms and conditions of this Agreement.
6.2 Sufficiency of Sureties. Sureties must be authorized to issue bonds in California. In
addition, sureties must possess a minimum rating from A. M. Best Company of A:VII and must be listed
as an acceptable surety on federal bonds by the United States Department of the Treasury,
http://www.fins.treas.gov/c570/c570.html, subject to the maximum amount shown in the listing. If co -
sureties are used, their bonds must be on a joint and several basis.
6.3 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
Agreement for the work to be performed will be permitted at the request and expense of Contractor.
7.0 INDEMNIFICATION
Contractor agrees to defend (with legal counsel of City's choosing), indemnify, hold free and
harmless the City, its elected and appointed officials, officers, agents and employees, at Contractor's sole
expense, from and against any and all claims, demands, actions, suits or other legal proceedings brought
against the City, its elected and appointed officials, officers, agents and employees arising out of the
performance of the Contractor, its employees, and/or authorized subcontractors, of the work undertaken
pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any
advance showing of negligence or wrongdoing by the Contractor, its employees, and/or authorized
subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the
negligence, errors, omissions or misconduct of the Contractor, its employees, and/or authorized
subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its
elected and appointed officials, officers, agents and employees based upon the work performed by the
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Project No. 21035
Contractor, its employees, and/or authorized subcontractors under this Agreement, whether or not the
Contractor, its employees, and/or authorized subcontractors are specifically named or otherwise asserted
to be liable. Notwithstanding the foregoing, the Contractor shall not be liable for the defense or
indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence
or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions
contained in any other document, which shall be of no force and effect.
(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 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 officers, agents, and employees harmless therefrom.
(c) If the City, its officers, agents or employees is/are made a parry 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 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 forth herein 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 substances, 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 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.
Contractor's indemnification obligations pursuant to this Section shall survive the termination of
this Agreement. Contractor shall require the same indemnification in favor of City from all subcontractors.
8.0 RECORDS AND REPORTS
8.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such
reports concerning the performance of the services required by this Agreement as the Contract Officer
may require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work
and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if
Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially
increase or decrease the cost of the work or services contemplated herein, Contractor shall promptly
notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased
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Project No. 21035
or decreased cost related thereto.
8.2 Records. Contractor shall keep, and require subcontractors to keep, such books and
records (including but not limited to payroll records as required herein) as may be necessary to perform
the services required by this Agreement and enable the Contract Officer to evaluate the performance of
such services. The Contract Officer shall have full and free access to such books and records at all times
during normal business hours of City, including the right to inspect, copy, audit and make records and
transcripts from such records. Such records shall be maintained for a period of three (3) years following
completion of the services hereunder, and the City shall have access to such records in the event any audit
is required.
8.3 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 City and shall be delivered to City upon request of the Contract
Officer or upon the termination of this Agreement, and Contractor shall have no claim for further
employment or additional compensation as a result of the exercise by City of its full rights of ownership
of the documents and materials hereunder. Contractor may retain copies of such documents for its own
use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors
shall provide for assignment to City of any documents or materials prepared by them, and in the event
Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting
therefrom.
9.0 ENFORCEMENT OF AGREEMENT; TERNIINATION
9.1 Governing Law. This Agreement shall be construed and interpreted both as to validity
and to performance of the parties in accordance with the laws of the State of California. Legal actions
concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted
in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in
such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in
the event of such action.
9.2 Notice of Default and Cure Period. If either party fails to perform its obligations
hereunder, the nondefaulting party may provide the defaulting party written notice of such default. The
defaulting parry shall have ten (10) days to cure the default; provided that, if the default is not reasonably
susceptible to being cured within said ten (10) day period, the defaulting parry shall have a reasonable time
to cure the default, not to exceed a maximum of thirty (30) days, provided the defaulting party commences
to cure such default within ten (10) 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 parry may, in its sole and absolute discretion, grant a longer cure period.
Should the defaulting parry fail to cure the default within the time period provided in this Section, the
nondefaulting party shall have the right, in addition to any other rights the nondefaulting party may have
at law or in equity, to terminate this Agreement, and/or to call upon any completion or payment bond or
other security for performance thereof. 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.
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9.3 Termination for Default of Contractor. If termination is due to the failure of the
Contractor to fulfill its obligations under this Agreement, Contractor shall vacate any City owned property
which Contractor is permitted to occupy hereunder and City may, upon termination, take over the work
and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the
extent that the total cost for completion of the services required hereunder exceeds the compensation herein
stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may
withhold any payments to the Contractor for the purpose of setoff or partial payment of the amounts owed
the City as previously stated.
9.4 Termination for Convenience. The City may terminate this Agreement without cause
for convenience of the City upon giving Contractor thirty (30) days prior written notice of termination of
the Agreement. Upon receipt of the notice of termination, the Contractor shall cease all further work
pursuant to the Agreement. Upon such termination by the City, the Contractor shall not be entitled to any
other remedies, claims, actions, profits, or damages except as provided in this paragraph. Upon the receipt
of such notice of termination, Contractor shall be entitled to the following compensation:
(a) The contract value of the work completed through and including the date of receipt of the
notice of termination, less the amount of progress payments received by Contractor.
(b) Actual move -off costs including labor, rental fees, equipment transportation costs, the costs
of maintaining on -site construction office for supervising the move -off.
(c) The cost of materials custom-made for this Agreement which the Contractor cannot use in
its normal course of business, and for which the City has not already paid.
(d) Any costs shall not include any markups as might otherwise be allowed by any plans or
specifications which were a part of the Agreement.
The provisions of this Section shall supersede any inconsistent provisions of the Agreement or the
Bid Documents. City and Contractor agree that the provisions of this Section are a substantive part of this
Agreement's consideration.
9.5 "Claims" by Contractor under Section 9204. Notwithstanding any other provision
of this Agreement to the contrary, this Agreement shall be subject to all requirements of Public Contract
Code Section 9204 ("Section 9204") as it may be amended from time to time. The parties acknowledge
that Section 9204 applies to certain requests by Contractor, such as certain requests for time extensions,
certain requests for payments not covered by contract, and certain requests for payments of amounts
disputed by City. The parties further acknowledge that Section 9204 establishes all of the following:
(i) Contractor may submit a "claim" to the City, as that term is defined in Section 9204; (ii) City has
an initial 45 days to review and respond to the claim to state "what portion of the claim is disputed and
what portion is undisputed". If the City does not issue a written statement, the claim is deemed rejected
in its entirety; (iii) Contractor must furnish reasonable documentation to support the claim; (iv) City
has 60 days from its written determination to pay any undisputed amount; and (v) specified procedures
apply to resolve any amounts in dispute.
9.6 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting
party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or
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Project No. 21035
approval of any act by the other parry requiring the party's consent or approval shall not be deemed to
waive or render unnecessary the other parry's consent to or approval of any subsequent act. Any waiver
by either parry of any default must be in writing and shall not be considered a waiver of any other default
concerning the same or any other provision of this Agreement.
9.7 Rights and Remedies are Cumulative. 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 parry 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 or any other default
by the other parry.
9.8 Legal Action. In addition to any other rights or remedies, either party may take legal
action, at law or in equity, to cure, correct or remedy any default, to recover damages for any default, to
compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any
other remedy consistent with the purposes of this Agreement.
9.9 Liquidated Damages. Contractor agrees that failure to complete work within the time
allowed herein will result in damages being sustained by the City. Contractor further agrees that the
determination of actual damages for any delay in performance of this Agreement would be extremely
difficult or impractical to determine in the event of a breach of this Agreement. Therefore, Contractor
agrees that it and its sureties shall be liable for and shall pay to the City liquidated damages in the amount
of Five Hundred Dollars ($500.00) for each calendar day of delay in the performance of any service
required hereunder. Contractor further agrees that liquidated damages may be assessed for failure to
comply with the emergency call out requirements described in the Scope of Services. The City may
withhold from any amounts payable on account of services performed by the Contractor any accrued
liquidated damages. Contractor, on behalf of itself and its sureties, and City agree that the liquidated
damages constitute a reasonable estimate of actual damages, and are not punitive.
10.0 CITY OFFICERS AND EMPLOYEES, NONDISCRIMINATION
10.1 Non -liability of City Officers and Employees. No officer or employee of the City shall
be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by
the City or for any amount which may become due to the Contractor or to its successor, or for breach of
any obligation of the terms of this Agreement.
10.2 Conflict of Interest. The Contractor warrants that it has not paid or given and will not pay
or give any third party any money or other consideration for obtaining this Agreement.
10.3 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs,
executors, assigns, and all persons claiming under or through them, that there shall be no discrimination
against or segregation of, any person or group of persons on account of race, color, creed, religion, sex,
gender, gender expression, marital status, national origin, disability, pregnancy, sexual orientation or
ancestry in the performance of this Agreement. To the extent required by law, Contractor shall take
affirmative action to ensure that applicants are employed and that employees are treated during
employment without regard to their race, color, creed, religion, sex, gender, gender expression, marital
status, national origin, disability, pregnancy, sexual orientation or ancestry.
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Project No. 21035
11.0 FEDERAL REQUIREMENTS
This Project is funded in whole or in part by federal funds and subject to the Federal Requirements
set forth in this Agreement, including, but not limited to, the requirements set forth in Exhibit A. Contractor
agrees to comply with said Federal Requirements and all federal requirements applicable to the Project.
Contractor shall comply with all applicable state and local codes, ordinances and other applicable
laws, all applicable CDBG program requirements and any amendments hereafter to CDBG program
guidelines and requirements.
12.0 SECTION 3 ECONOMIC OPPORTUNITIES COMPLIANCE
Contractor acknowledges that this Agreement is subject to the requirements of Section 3 of the Housing
and Urban Development Act of 1968, as amended,12 U.S.C. 1701u ("Section Y). The purpose of Section
3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -
assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very
low-income persons, particularly persons who are recipients of HUD assistance for housing.
City and Contractor agree to comply with HUD's regulations in 24 CFR Part 135 ("Part 135"), which
implement Section 3. As evidenced by their execution of this Agreement, City and Contractor certify that
they are under no contractual or other impediment that would prevent them from complying with the Part
135 regulations.
Contractor agrees to send to each labor organization or representative of workers with which Contractor
has a collective bargaining agreement or other understanding, if any, a notice advising the labor
organization or workers' representative of Contractor's commitments under this Section 3 clause, and will
post copies of the notice in conspicuous places at the work site where both employees and applicants for
training and employment positions can see the notice. The notice shall describe the Section 3 preference,
shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training
positions, the qualifications for each; and the name and location of the person(s) taking applications for
each of the positions; and the anticipated date the work shall begin.
Contractor agrees to include this Section 3 clause in every subcontract subject to compliance with Part 135
regulations, and agrees to take appropriate action, as provided in an applicable provision of the subcontract
or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR
Part 135. Contractor will not subcontract with any subcontractor where Contractor has notice or knowledge
that the subcontractor has been found in violation of the regulations in 24 CFR Part 135.
Contractor will certify that any vacant employment positions, including training positions, that are filled
(1) after Contractor is selected but before the Agreement is executed, and (2) with persons other than those
to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not
filled to circumvent Contractor's obligations under 24 CFR Part 135. Contractor will execute the "Section
3 Economic Opportunity Report," included in Exhibit A, and understands its obligations thereunder.
CONTRACTOR understands that noncompliance with HUD's regulations in 24 CFR Part 135 may result
in sanctions, termination of this Agreement for default, and debarment or suspension from future HUD -
assisted contracts.
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Project No. 21035
13.0 MISCELLANEOUS PROVISIONS
13.1 Notice. Any notice, demand, request, document, consent, approval, or communication
either parry desires or is required to give to the other parry or any other person shall be in writing and shall
be deemed to be given when served personally or deposited in the U.S. Mail, prepaid, first-class mail,
return receipt requested, addressed as follows:
To City: City of West Covina
1444 West Garvey Avenue South
West Covina, California 91790
Attn: City Engineer
To Contractor: Jaynes Brothers Construction Inc.
996 Lawrence Drive, Suite 201
Newbury Park, CA 91320
Attn: Chase Jaynes
13.2 Interpretation. The terms of this Agreement shall be construed in accordance with the
meaning of the language used and shall not be construed for or against either parry by reason of the
authorship of this Agreement or any other rule of construction which might otherwise apply.
13.3 Integration; Amendment. It is understood that there are no oral agreements between the
parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous
negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be
used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of
the parties by an instrument in writing.
13.4 Severability. If one or more of the words, phrases, sentences, clauses, paragraphs, or
sections in this Agreement is declared unenforceable by a court of competent jurisdiction, such
unenforceability shall not affect any of the remaining words, phrases, sentences, clauses, paragraphs, or
sections of this Agreement which are severable. Remaining enforceable provisions shall be interpreted to
carry out the intent of the parties unless an invalid provision is so material that its invalidity deprives either
parry of the basic benefit of their bargain or renders this Agreement meaningless.
13.5 Hiring of Undocumented Aliens Prohibited. Contractor shall not hire, employ, or allow
any person to work under this Agreement unless such person is properly documented and may legally
work within the United States.
13.6 Unfair Business Practices Claims. Consistent with Public Contract Code Section
7103.5, Contractor, on behalf of itself and all subcontractors, offers and agrees to assign to the City all
rights, title, and interest in and to all causes of action they may have under Section 4 of the Clayton Act
(15 U.S.C. Section 15) and 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 this Agreement. This assignment becomes effective when the City renders final
payment to the Contractor without further acknowledgment by the parties.
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Project No. 21035
13.7 Corporate Authority. The persons executing this Agreement on behalf of the parties
hereto warrant that (i) such parry is duly organized and existing, (ii) they are duly authorized to execute
and deliver this Agreement on behalf of said parry, (iii) by so executing this Agreement, such parry is
formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not
violate any provision of any other Agreement to which said parry is bound.
13.8 Legal Responsibilities. The Contractor shall keep itself informed of City, State, and
Federal laws, ordinances and regulations, which may in any manner affect the performance of its services
pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws,
ordinances and regulations. Neither the City, nor its officers, agents, assigns nor employees shall be liable
at law or in equity as a result of the Contractor's failure to comply with this Section.
13.9 Counterparts and Electronic Signatures. This Agreement may be executed in one or
more counterparts, each of which shall be deemed an original. All counterparts shall be construed together
and shall constitute one agreement. Counterpart written signatures may be transmitted by facsimile, email
or other electronic means and have the same legal effect as if they were original signatures.
[SIGNATURE PAGE FOLLOWS.]
17
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Total Project Estimate $997,955.5
DISCUSSION:
The improvements for Friendship Park, including playground equipment, fitness area, entry sign and
basketball court improvements commenced in January 2022. As part of the park improvements, staff
would like address sidewalk repairs that are tripping hazards as well as improve lighting for the
playground. In order to address those hazards, staff is recommending that the City Council increase the
contingency amount for the agreement with Jaynes Brothers Construction Inc.
The original approval included a contingency of 10% for both agreements, totaling $81,814.14. Staff is
requesting amending the percentage of contingency from 10% to 25% on the Jaynes Brothers agreement
only. Staff does not anticipate a change order for the purchase order with Innovative Playgrounds, Co. for
the equipment. While the request is to increase the contingency percentage for Jaynes Brothers, staff is
not requesting funds above the original $81,814.14 contingency amount.
OPTIONS:
The City Council has the following options:
1. Approve Staffs recommendation; or
2. Provide alternative direction
ENVIRONMENTAL REVIEW:
The proposed Project is a project subject to CEQA. Staff has reviewed the proposed project and has
determined that it is categorically exempt from CEQA pursuant to CEQA Guidelines Section(s) 15302:
Replacement or reconstruction; (c) Replacement or reconstruction of existing utility and/or facilities
involving negligible or no expansion of capacity.
Prepared by: Paulina Morales, Assistant City Manager
Additional Approval: Okan Demirci, CIP Manager
Fiscal Impact
FISCAL IMPACT:
The requested change does not increase the total project budget. It allows the City to utilize the already
approved contingency of $81,814.14 towards the additional change orders that will address tripping
hazards and lighting concerns at the park.
The approved funds available for this project are as follows:
Project
No.
Funds
Account No. Project oject
Budget
Project
Estimate
Estimated
Balance
21035
CDBG
131.80.7004.7700 $1,000,000
$997,955.5
$2,044.5
Totall $1,000,000
$997,955.5
$2,044.5
Attachments
Attachment No. 1 - Construction Services Agreement
CITY COUNCIL GOALS & OBJECTIVES: Maintain and Enhance City Facilities and Infrastructure
Enhance City Image and Effectiveness
A Creative and Active Communuty
Project No. 21035
IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date first written
above.
CITY OF WEST COVINA,
A municipal corporation
David Carmany
City Manager
CONTRACTOR
Aval
Chase Jaynes
President
ATTEST:
Lisa Sherrick
Assistant City Clerk
APPROVED AS TO FORM:
Thomas P. Duarte
City Attorney
APPROVED AS TO INSURANCE:
Helen Tran
Risk Management
Date:
Date: 61 / 2-1
Date:
Date:
18
Rev.01-2021
EXHIBIT A
FEDERAL REQUIREMENTS
City of West Covina, California, Friendship Park Improvements (#21035) Bid Package Document Control Page 107 of 164
FEDERAL REQUIREMENTS
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) REQUIRED FORMS TO
BE SUBMITTED AS PART OF THE BID
Below exhibits as identified on Exhibit A — Federal Requirements shall be submitted as part of
Bidder's Proposal.
Exhibit 1— Federal Labor Standards Provisions A.3 — A.7
Exhibit 2 — Federal Equal Employment Opportunity/Affirmative Action Requirements A.8 — A.17
Exhibit 3
— Non -Segregated Facilities Certification (submit with bid)
A.18
Exhibit 4
— Past Performance Certification (submit with bid)
A.19
Exhibit 5
— Workers' Compensation Certification (submit with bid)
A.20
Exhibit 6
— Contractor List of Proposed Subcontractors (submit with bid)
A.21
Exhibit 7
— Report of Additional Classification and Rate — HUD Form 4230A (submit with bid)
A.22
Exhibit 8
— Notice of Equal Employment Opportunity Commitment (submit with bid)
A.23
Exhibit 9 —
Section 3 Resident Certification (submit with bid)
A.24
Exhibit 10
— Section 3 Business Certification (submit with bid)
A.25
Exhibit 11—
Section 3 Economic Opportunity Plan (submit with bid)
A.26
Exhibit 12
— Notice of Section 3 Commitment (submit with bid)
A.27
Exhibit 13
— Section 3 Economic Opportunity Report (submit upon project completion)
A.28
Exhibit 14
— Federal Lobbying Certification (submit with bid)
A.29
Exhibit 15
— Section 3 Clause (this section will be incorporated to the contract)
A.30
Exhibit 16—Federal
Wage Decision
A.32
Exhibit A- Page A.2
Chase Jaynes <chase@jaynesbrothers.com>
CONFIRMATION: Registration Submitted for JAYNES BROTHERS CONSTRUCTION
INC. / 062708955 in the U.S. Government's System for Award Management (SAM)
1 message
donotreply@sam.gov <donotreply@sam.gov> Fri, Aug 20, 2021 at 11:45 AM
To: chase@jaynesbrothers.com
This email was sent by an automated administrator. Please do not reply to this message.
Dear Chase Jaynes,
You successfully submitted the entity registration for JAYNES BROTHERS CONSTRUCTION INC. / 062708955 in the
U.S. federal government's System for Award Management (SAM). This registration record will remain in Submitted status
until all external validations are complete.
What happens next?
1. If you provided a Taxpayer Identification Number (TIN), the Internal Revenue Service (IRS) will conduct a validation of
your TIN and Taxpayer Name. This step can take two business days. You will get an email from SAM.gov when that
review is complete.
2. Your registration will then be sent to the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE)
Code system for assignment or validation of your CAGE Code. This step averages two business days, but the DLA
CAGE team can take up to ten business days, or longer, in peak periods. You will get an email from SAM.gov when that
review is complete.
3. If the DLA CAGE team has any questions, they will contact the individual you listed as the Government Business Point
of Contact (POC) via email. The email will come from a dla.mil address. Please tell your Government Business POC to
respond right away to any requests from a dla.mil email. If a timely response is not received, your registration will be
returned to SAM and your registration status changed to Work in Progress. You will have to resubmit and provide the
requested information to DLA CAGE to continue.
4. You will get an email from SAM.gov when your registration passes these external validations and becomes Active. Until
then, use the Check Registration Status link at SAM.gov to see where your registration is in the review process.
5. If you have not previously submitted a notarized letter formally designating the Entity Administrator for your entity, you
must do so now. Failure to do so within 60 days of activation may result in the registration no longer being active. NOTE:
You are not required to provide a notarized letter for a federal entity registration.
Remember, this process is entirely FREE to you. It is FREE to register and maintain your registration in SAM. It is FREE
to get help with your registration from the Federal Service Desk at www.fsd.gov or by telephone at 866-606-8220 (toll
free) or 334-206-7828 (internationally).
In addition, if you are located in the U.S. and its outlying areas, you can get FREE support from your local Procurement
Technical Assistance Center (PTAC), an official resource for government contracting assistance. Go to http://www.aptac-
us.org/ to find your closest PTAC.
Thank you,
The System for Award Management (SAM) Administrator
https://sam.gov
City of West Covina, California, Friendship Park Improvements (#21035) Bid Package Document Control Page 108 of 164
Federal Labor Standards Provisions U.S. Department of Housing
and Urban Development
Office of Labor Relations
Applicability
The Project or Program to which the construction work
covered by this contract pertains is being assisted by the
United States of America and the following Federal Labor
Standards Provisions are included in this Contract
pursuant to the provisions applicable to such Federal
assistance.
A. 1. (1) Minimum Wages. All laborers and mechanics
employed or working upon the site of the work, will be paid
unconditionally and not less often than once a week, and
without subsequent deduction or rebate on any account
(except such payroll deductions as are permitted by
regulations issued by the Secretary of Labor under the
Copeland Act (29 CFR Part 3), the full amount of wages
and bona fide fringe benefits (or cash equivalents thereof)
due at time of payment computed at rates not less than
those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a
part hereof, regardless of any contractual relationship
which may be alleged to exist between the contractor and
such laborers and mechanics. Contributions made or
costs reasonably anticipated for bona fide fringe benefits
under Section I(b)(2) of the Davis -Bacon Act on behalf of
laborers or mechanics are considered wages paid to such
laborers or mechanics, subject to the provisions of 29 CFR
5.5(a)(1)(iv); also, regular contributions made or costs
incurred for more than a weekly period (but not less often
than quarterly) under plans, funds, or programs, which
cover the particular weekly period, are deemed to be
constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate
wage rate and fringe benefits on the wage determination
for the classification of work actually performed, without
regard to skill, except as provided in 29 CFR 5.5(a)(4).
Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for
each classification for the time actually worked therein:
Provided, That the employer's payroll records accurately
set forth the time spent in each classification in which
work is performed. The wage determination (including any
additional classification and wage rates conformed under
29 CFR 5.5(a)(1)(ii) and the Davis -Bacon poster (WH-
1321) shall be posted at all times by the contractor and its
subcontractors at the site of the work in a prominent and
accessible, place where it can be easily seen by the
workers.
(ii) (a) Any class of laborers or mechanics which is not
listed in the wage determination and which is to be
employed under the contract shall be classified in
conformance with the wage determination. HUD shall
approve an additional classification and wage rate and
fringe benefits therefor only when the following criteria
have been met:
(1) The work to be performed by the classification
requested is not performed by a classification in the wage
determination; and
(2) The classification is utilized in the area by the
construction industry; and
(3) The proposed wage rate, including any bona fide
fringe benefits, bears a reasonable relationship to the
wage rates contained in the wage determination.
(b) If the contractor and the laborers and mechanics to be
employed in the classification (if known), or their
representatives, and HUD or its designee agree on the
classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report
of the action taken shall be sent by HUD or its designee to
the Administrator of the Wage and Hour Division,
Employment Standards Administration, U.S. Department of
Labor, Washington, D.C. 20210. The Administrator, or an
authorized representative, will approve, modify, or
disapprove every additional classification action within 30
days of receipt and so advise HUD or its designee or will
notify HUD or its designee within the 30-day period that
additional time is necessary. (Approved by the Office of
Management and Budget under OMB control number 1215-
0140.)
(c) In the event the contractor, the laborers or mechanics
to be employed in the classification or their
representatives, and HUD or its designee do not agree on
the proposed classification and wage rate (including the
amount designated for fringe benefits, where appropriate),
HUD or its designee shall refer the questions, including
the views of all interested parties and the recommendation
of HUD or its designee, to the Administrator for
determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of
receipt and so advise HUD or its designee or will notify
HUD or its designee within the 30-day period that
additional time is necessary. (Approved by the Office of
Management and Budget under OMB Control Number
1215-0140.)
(d) The wage rate (including fringe benefits where
appropriate) determined pursuant to subparagraphs
(1)(ii)(b) or (c) of this paragraph, shall be paid to all
workers performing work in the classification under this
contract from the first day on which work is performed in
the classification.
(III) Whenever the minimum wage rate prescribed in the
contract for a class of laborers or mechanics includes a
fringe benefit which is not expressed as an hourly rate, the
contractor shall either pay the benefit as stated in the
wage determination or shall pay another bona fide fringe
benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee
or other third person, the contractor may consider as part
form HUD-4010 (06/2009)
Previous editions are obsolete Page 1 of 5 ref. Handbook 1344.1
Exhibit A- Page A.3
City of West Covina, California, Friendship Park Improvements (#21035) Bid Package Document Control Page 109 of 164
of the wages of any laborer or mechanic the amount of any
costs reasonably anticipated in providing bona fide fringe
benefits under a plan or program, Provided, That the
Secretary of Labor has found, upon the written request of
the contractor, that the applicable standards of the Davis -
Bacon Act have been met. The Secretary of Labor may
require the contractor to set aside in a separate account
assets for the meeting of obligations under the plan or
program. (Approved by the Office of Management and
Budget under OMB Control Number 1215-0140.)
2. Withholding. HUD or its designee shall upon its own
action or upon written request of an authorized
representative 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 Federally -assisted contract
subject to Davis -Bacon prevailing wage requirements,
which is held by the same prime contractor so much of the
accrued payments or advances as may be considered
necessary to pay laborers and mechanics, including
apprentices, trainees and helpers, employed by the
contractor or any subcontractor the full amount of wages
required by the contract In the event of failure to pay any
laborer or mechanic, including any apprentice, trainee or
helper, employed or working on the site of the work, all or
part of the wages required by the contract, HUD or its
designee may, after written notice to the contractor,
sponsor, applicant, or owner, take such action as may be
necessary to cause the suspension of any further
payment, advance, or guarantee of funds until such
violations have ceased. HUD or its designee may, after
written notice to the contractor, disburse such amounts
withheld for and on account of the contractor or
subcontractor to the respective employees to whom they
are due. The Comptroller General shall make such
disbursements in the case of direct Davis -Bacon Act
contracts.
communicated in writing to the laborers or mechanics
affected, and records which show the costs anticipated or
the actual cost incurred in providing such benefits.
Contractors employing apprentices or trainees under
approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of
trainee programs, the registration of the apprentices and
trainees, and the ratios and wage rates prescribed in the
applicable programs. (Approved by the Office of
Management and Budget under OMB Control Numbers
1215-0140 and 1215-0017.)
(it) (a) The contractor shall submit weekly for each week
in which any contract work is performed a copy of all
payrolls to HUD or its designee if the agency is a party to
the contract, but if the agency is not such a party, the
contractor will submit the payrolls to the applicant
sponsor, or owner, as the case may be, for transmission to
HUD or its designee. The payrolls submitted shall set out
accurately and completely all of the information required
to be maintained under 29 CFR 5.5(a)(3)(i) except that full
social security numbers and home addresses shall not be
included on weekly transmittals. Instead the payrolls shall
only need to include an individually identifying number for
each employee (e.g., the last four digits of the employee's
social security number). The required weekly payroll
information may be submitted in any form desired.
Optional Form WH-347 is available for this purpose from
the Wage and Hour Division Web site at
http://www.dol.aov/esa/whd/forms/wh347instr.htm or its
successor site. The prime contractor is responsible for
the submission of copies of payrolls by all subcontractors.
Contractors and subcontractors shall maintain the full
social security number and current address of each
covered worker, and shall provide them upon request to
HUD or its designee if the agency is a party to the
contract, but if the agency is not such a party, the
contractor will submit the payrolls to the applicant
3. (1) Payrolls and basic records. Payrolls and basic sponsor, or owner, as the case may be, for transmission to
records relating thereto shall be maintained by the HUD or its designee, the contractor, or the Wage and Hour
contractor during the course of the work preserved for a Division of the Department of Labor for purposes of an
period of three years thereafter for all laborers and investigation or audit of compliance with prevailing wage
mechanics working at the site of the work. Such records requirements. It is not a violation of this subparagraph for
shall contain the name, address, and social security a prime contractor to require a subcontractor to provide
number of each such worker, his or her correct addresses and social security numbers to the prime
classification, hourly rates of wages paid (including rates contractor for its own records, without weekly submission
of contributions or costs anticipated for bona fide fringe to HUD or its designee. (Approved by the Office of
benefits or cash equivalents thereof of the types described Management and Budget under OMB Control Number
in Section I(b)(2)(B) of the Davis -bacon Act), daily and 1215-0149.)
weekly number of hours worked, deductions made and (b) Each payroll submitted shall be accompanied by a
actual wages paid. Whenever the Secretary of Labor has "Statement of Compliance," signed by the contractor or
found under 29 CFR 5.5 (a)(1)(iv) that the wages of any subcontractor or his or her agent who pays or supervises
laborer or mechanic include the amount of any costs the payment of the persons employed under the contract
reasonably anticipated in providing benefits under a plan and shall certify the following:
or program described in Section I(b)(2)(B) of the Davis- (1) That the payroll for the payroll period contains the
Bacon Act, the contractor shall maintain records which information required to be provided under 29 CFR 5.5
show that the commitment to provide such benefits is (a)(3)(ii), the appropriate information is being maintained
enforceable, that the plan or program is financially under 29 CFR 5.5(a)(3)(i), and that such information is
responsible, and that the plan or program has been correct and complete;
Previous editions are obsolete form HUD-4010 (06/2009)
Page 2 of 5 ref. Handbook 1344.1
Exhibit A - Page AA
City of West Covina, California, Friendship Park Improvements (#21035) Bid Package Document Control Page 110 of 164
(2) That each laborer or mechanic (including each helper,
apprentice, and trainee) employed on the contract during
the payroll period has been paid the full weekly wages
earned, without rebate, either directly or indirectly, and
that no deductions have been made either directly or
indirectly from the full wages earned, other than
permissible deductions as set forth in 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less
than the applicable wage rates and fringe benefits or cash
equivalents for the classification of work performed, as
specified in the applicable wage determination
incorporated into the contract.
(c) The weekly submission of a properly executed
certification set forth on the reverse side of Optional Form
WH-347 shall satisfy the requirement for submission of the
"Statement of Compliance" required by subparagraph
A.3.(ii)(b).
(d) The falsification of any of the above certifications may
subject the contractor or subcontractor to civil or criminal
prosecution under Section 1001 of Title 18 and Section
231 of Title 31 of the United States Code.
(III) The contractor or subcontractor shall make the
records required under subparagraph A.3.(i) available for
inspection, copying, or transcription by authorized
representatives of HUD or its designee or the Department
of Labor, and shall permit such representatives to
interview employees during working hours on the job. If
the contractor or subcontractor fails to submit the required
records or to make them available, HUD or its designee
may, after written notice to the contractor, sponsor,
applicant or owner, take such action as may be necessary
to cause the suspension of any further payment, advance,
or guarantee of funds. Furthermore, failure to submit the
required records upon request or to make such records
available may be grounds for debarment action pursuant to
29 CFR 5.12.
is not registered or otherwise employed as stated above,
shall be paid not less than the applicable wage rate on the
wage determination for the classification of work actually
performed. In addition, any apprentice performing work on
the job site in excess of the ratio permitted under the
registered program shall be paid not less than the
applicable wage rate on the wage determination for the
work actually performed. Where a contractor is performing
construction on a project in a locality other than that in
which its program is registered, the ratios and wage rates
(expressed in percentages of the journeyman's hourly
rate) specified in the contractor's or subcontractor's
registered program shall be observed. Every apprentice
must be paid at not less than the rate specified in the
registered program for the apprentice's level of progress,
expressed as a percentage of the journeymen hourly rate
specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance
with the provisions of the apprenticeship program. If the
apprenticeship program does not specify fringe benefits,
apprentices must be paid the full amount of fringe benefits
listed on the wage determination for the applicable
classification. If the Administrator determines that a
different practice prevails for the applicable apprentice
classification, fringes shall be paid in accordance with that
determination. In the event the Office of Apprenticeship
Training, Employer and Labor Services, or a State
Apprenticeship Agency recognized by the Office,
withdraws approval of an apprenticeship program, the
contractor will no longer be permitted to utilize
apprentices at less than the applicable predetermined rate
for the work performed until an acceptable program is
approved.
(ii) Trainees. Except as provided in 29 CFR 5.16,
trainees will not be permitted to work at less than the
predetermined rate for the work performed unless they are
employed pursuant ',to and individually registered in a
4. Apprentices and Trainees.
program which has received prior approval, evidenced by
(i) Apprentices. Apprentices will be permitted to work at
formal certification by the U.S. Department of Labor,
less than the predetermined rate for the work they
Employment and Training Administration. The ratio of
performed when they are employed pursuant to and
trainees to journeymen on the job site shall not be greater
individually registered in a bona fide apprenticeship
than permitted under the plan approved by the
program registered with the U.S. Department of Labor,
Employment and Training Administration. Every trainee
Employment and Training Administration, Office of
must be paid at not less than the rate specified in the
Apprenticeship Training, Employer and Labor Services, or
approved program for the trainee's level of progress,
with a State Apprenticeship Agency recognized by the
expressed as a percentage of the journeyman hourly rate
Office, or if a person is employed in his or her first 90
specified in the applicable wage determination. Trainees
days of probationary employment as an apprentice in such
shall be paid fringe benefits in accordance with the
an apprenticeship program, who is not individually
provisions of the trainee program. If the trainee program
registered in the program, but who has been certified by
does not mention fringe benefits, trainees shall be paid
the Office of Apprenticeship Training, Employer and Labor
the full amount of fringe benefits listed on the wage
Services or a State Apprenticeship Agency (where
determination unless the Administrator of the Wage and
appropriate) to be eligible for probationary employment as
Hour Division determines that there is an apprenticeship
an apprentice. The allowable ratio of apprentices to
program associated with the corresponding journeyman
journeymen on the job site in any craft classification shall
wage rate on the wage determination which provides for
not be greater than the ratio permitted to the contractor as
less than full fringe benefits for apprentices. Any
to the entire work force under the registered program. Any
employee listed on the payroll at a trainee rate who is not
worker listed on a payroll at an apprentice wage rate, who
registered and participating in a training plan approved by
Previous editions are obsolete
form HUD-4010 (06/2009)
Page
3 of 5 ref. Handbook 1344.1
Exhibit A - Page A.5
City of West Covina, California, Friendship Park Improvements (#21035) Bid Package
Document Control Page 111 of 164
the Employment and Training Administration shall be paid
not less than the applicable wage rate on the wage
determination for the work actually performed. In addition,
any trainee performing work on the job site in excess of
the ratio permitted under the registered program shall be
paid not less than the applicable wage rate on the wage
determination for the work actually performed. In the
event the Employment and Training Administration
withdraws approval of a training program, the contractor
will no longer be permitted to utilize trainees at less than
the applicable predetermined rate for the work performed
until an acceptable program is approved.
(ill) Equal employment opportunity. The utilization of
apprentices, trainees and journeymen under 29 CFR Part 5
shall be in conformity with the equal employment
opportunity requirements of Executive Order 11246, as
amended, and 29 CFR Part 30.
5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR
Part 3 which are incorporated by reference in this contract
6. Subcontracts. The contractor or subcontractor will
insert in any subcontracts the clauses contained in
subparagraphs 1 through 11 in this paragraph A and such
other clauses as HUD or its designee may by appropriate
instructions require, and a copy of the applicable
prevailing wage decision, and also a clause requiring the
subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible
for the compliance by any subcontractor or lower tier
subcontractor with all the contract clauses in this
paragraph.
7. Contract termination; debarment. A breach of the
contract clauses in 29 CFR 5.5 may be grounds for
termination of the contract and for debarment as a
contractor and a subcontractor as provided in 29 CFR
5.12.
8. Compliance with Davis -Bacon and Related Act Requirements.
All rulings and interpretations of the Davis -Bacon and
Related Acts contained in 29 CFR Parts 1, 3, and 5 are
herein incorporated by reference in this contract
9. Disputes concerning labor standards. Disputes
arising out of the labor standards provisions of this
contract shall not be subject to the general disputes
clause of this contract. Such disputes shall be resolved in
accordance with the procedures of the Department of
Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes
within the meaning of this clause include disputes between
the contractor (or any of its subcontractors) and HUD or
its designee, the U.S. Department of Labor, or the
employees or their representatives.
10. (1) Certification of Eligibility. By entering into this
contract the contractor certifies that neither it (nor he or
she) nor any person or firm who has an interest in the
contractor's firm is a person or firm ineligible to be
awarded Government contracts by virtue of Section 3(a) of
the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be
awarded HUD contracts or participate in HUD programs
pursuant to 24 CFR Part 24.
(ii) No part of this contract shall be subcontracted to any
person or firm ineligible for award of a Government
contract by virtue of Section 3(a) of the Davis -Bacon Act
or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or
participate in HUD programs pursuant to 24 CFR Part 24.
(ill) The penalty for making false statements is prescribed
in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally,
U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C.,
"Federal Housing Administration transactions", provides in
part: "Whoever, for the purpose of ... influencing in any
way the action of such Administration..... makes, utters or
publishes any statement knowing the same to be false.....
shall be fined not more than $5,000 or imprisoned not
more than two years, or both."
11. Complaints, Proceedings, or Testimony by
Employees. No laborer or mechanic to whom the wage,
salary, or other labor standards provisions of this Contract
are applicable shall be discharged or in any other manner
discriminated against by the Contractor or any
subcontractor because such employee has filed any
complaint or instituted or caused to be instituted any
proceeding or has testified or is about to testify in any
proceeding under or relating to the labor standards
applicable under this Contract to his employer.
B. Contract Work Hours and Safety Standards Act. The
provisions of this paragraph B are applicable where the amount of the
prime contract exceeds $100,000. As used in this paragraph, the
terms "laborers" and "mechanics" include watchmen and guards.
(1) Overtime requirements. No contractor or subcontractor
contracting for any part of the contract work which may require or
involve the employment of laborers or mechanics shall require or
permit any such laborer or mechanic in any workweek in which the
individual is employed on such work to work in excess of 40 hours in
such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times the basic
rate of pay for all hours worked in excess of 40 hours in such
workweek.
(2) Violation; liability for unpaid wages; liquidated
damages. In the event of any violation of the clause set
forth in subparagraph (1) of this paragraph, the contractor
and any subcontractor responsible therefor shall be liable
for the unpaid wages. In addition, such contractor and
subcontractor shall be liable to the United States (in the
case of work done under contract for the District of
Columbia or a territory, to such District or to such
territory), for liquidated damages. Such liquidated
damages shall be computed with respect to each individual
laborer or mechanic, including watchmen and guards,
employed in violation of the clause set forth in
subparagraph (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.
Previous editions are obsolete form HUD-4010 (06/2009)
Page 4 of 5 ref. Handbook 1344.1
Exhibit A - Page A.6
City of West Covina, California, Friendship Park Improvements (#21035) Bid Package
Document Control Page 112 of 164
(3) Withholding for unpaid wages and liquidated
damages. HUD or its designee shall upon its own action
or upon written request of an authorized representative of
the Department of Labor withhold or cause to be withheld,
from any moneys payable on account of work performed by
the contractor or subcontractor under any such contract or
any other Federal contract with the same prime contract,
or any other Federally -assisted contract subject to the
Contract Work Hours and Safety Standards Act which is
held by the same prime contractor such sums as may be
determined to be necessary to satisfy any liabilities of
such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in
subparagraph (2) of this paragraph.
(4) Subcontracts. The contractor or subcontractor shall
insert in any subcontracts the clauses set forth in
subparagraph (1)through (4) of this paragraph and also a
clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime
contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses
set forth in subparagraphs (1) through (4) of this
paragraph.
C. Health and Safety. The provisions of this paragraph C are
applicable where the amount of the prime contract exceeds $100,000.
(1) No laborer or mechanic shall be required to work in
surroundings or under working conditions which are
unsanitary, hazardous, or dangerous to his health and
safety as determined under construction safety and health
standards promulgated by the Secretary of Labor by
regulation.
(2) The Contractor shall comply with all regulations
issued by the Secretary of Labor pursuant to Title 29 Part
1926 and failure to comply may result in imposition of
sanctions pursuant to the Contract Work Hours and Safety
Standards Act, (Public Law 91-54, 83 Stat 96). 40 USC
3701 et sea.
(3) The contractor shall include the provisions of this
paragraph in every subcontract so that such provisions will
be binding on each subcontractor. The contractor shall
take such action with respect to any subcontractor as the
Secretary of Housing and Urban Development or the
Secretary of Labor shall direct as a means of enforcing
such provisions.
Previous editions are obsolete form HUD-4010 (06/2009)
Page 5 of 5 ref. Handbook 1344.1
Exhibit A - Page A.7
FEDERAL EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION
REQUIREMENTS
EQUAL OPPORTUNITY CLAUSE. During the performance of this contract, the
contractor agrees as follows:
a. The contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. The
contractor will take affirmative action to ensure that applicants are employed,
and that employees are treated during employment without regard to their
race, color, religion, sex, or national origin. Such action shall include, but not
be limited to the following: employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training, including
apprenticeship. The contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be
provided setting forth the provisions of this nondiscrimination clause.
b. The contractor will, in all solicitations or advertisements for employees placed
by or on behalf of the contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, or
national origin.
G. The contractor will send to each labor union or representative of workers with
which he/she has a collective bargaining agreement or other contract or
understanding, a notice to be provided, advising the said labor union or
workers' representative of the contractor's commitments under this section,
and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
d. The contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
e. The contractor will furnish all information and reports required by Executive
Order 11246 of September 24, 1965, and by the rules, regulations, and
orders of the Secretary of Labor, or pursuant thereto, and will permit access
to his/her books, records, and accounts by the administering agency and the
Secretary of Labor for purposes of investigation to ascertain compliance with
such rules, regulations, and orders.
f. In the event of the contractor's noncompliance with the nondiscrimination
clause of this contract or with any of the said rules, regulations, or orders,
this contract may be canceled, terminated, or suspended in whole, or in
part, and the contractor may be declared ineligible for further government
Exhibit A- Page A.8
CITY OF WEST COVINA
CONSTRUCTION SERVICES AGREEMENT FOR
PROJECT NO. 21035
FRIENDSHIP PARK IMPROVEMENTS
THIS CONSTRUCTION SERVICES AGREEMENT (herein "Agreement"), is made and entered
into this 7th day of September, 2021 ("Effective Date") by and between the CITY OF WEST COVINA,
a municipal corporation (herein "City"), and JAYNES BROTHERS CONSTRUCTION INC., a California
corporation (herein "Contractor").
RECITALS
A. City requires construction services for the Friendship Park Improvements Project, Project
No. 21035 ("Project"), that meet the requirements as shown in the project specifications and this
Agreement.
B. Contractor has submitted a bid to perform the construction services for the Project and has
represented to City that Contractor is qualified to perform said services.
C. City and Contractor desire to enter into this Agreement for the Project on the terms and
conditions set forth herein.
NOW, THEREFORE, based on the foregoing Recitals and for good and valuable consideration,
the receipt and sufficiency of which is acknowledged by both parties, City and Contractor hereby agree as
follows:
1.0 SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the
Contractor shall provide all work described in the Contract Documents, as further described herein, which
services may be refereed to herein as the "services" or "work". As a material inducement to the City
entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class
work and services and Contractor is experienced in performing the work and services contemplated herein
and, in light of such status and experience, Contractor covenants that it shall follow the highest professional
standards in performing the work and services required hereunder and that all materials will be of good
quality and fit for the purpose intended.
1.2 Documents Included in Contract. The complete Agreement consists of
(a) This Agreement;
(b) Notice to Contractors and Instructions to Bidders, Bid Documents and Contract
Documents for the Project (collectively, "Bid Documents"), incorporated by this
reference as if fully set forth herein;
(c) Federal Requirements, attached hereto as Exhibit B and incorporated herein;
(d) Contractor's Proposal, attached hereto as Exhibit B and incorporated herein;
(e) Certificates of Insurance, attached hereto as Exhibit C and incorporated herein;
(f) Bonds, attached hereto as Exhibit D and incorporated herein;
2.
contracts or federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965,
or by rule, regulation, or order of the Secretary of Labor, or as otherwise
provided by law.
The contractor will include the provisions of Paragraph 1 a through 1 g in every
subcontract or purchase order unless exempted by rule, regulations, or
orders of the Secretary of Labor issued pursuant to Section 204 of Executive
Order 11246 of September 24, 1965, so that such provisions will be binding
upon each subcontractor or vendor. The contractor will take such action
with respect to any subcontract or purchase order as the administering
agency may direct as a means of enforcing such provisions, including
sanctions for noncompliance. Provided, however, that in the event a
contractor becomes involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of such direction by the administering
agency, the contractor may request the United States to enter into such
litigation to protect the interests of the United States.
NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL
EMPLOYMENT OPPORTUNITY (Executive Order 11246)
a. The Offeror's or Bidder's attention is called to the Equal Opportunity Clause
and the Standard Federal Equal Employment Specifications set forth herein.
b. The goals and timetables for minority and female participation, expressed in
percentage terms for the contractor's aggregated work force in each trade on
all construction work in the covered area, are as follows:
Goals for Minority
Goals for Female
Participation for
Participation in
Timetables Each Trade
Each Trade
28.3%
6.9%
These goals are applicable to all the contractor's construction work (whether
or not it is Federal or federally assisted) performed in the covered area. If the
contractor performs construction work in a geographical area located outside
of the covered area, it shall apply the goals established for such geographical
area where the work is actually performed. With regard to this second area,
the contractor also is subject to the goals for both its federally involved and
non -federally involved construction.
The contractor's compliance with the Executive Order and the regulations in
41 CFR Part 60-4 shall be based on its implementation of the Equal
Opportunity Clause, specific affirmation action obligations required by the
specifications set forth in 41 CFR Part 60-4.3(a), and its efforts to meet the
Exhibit A- Page A.9
goals. The hours of minority and female employment and training must be
substantially uniform throughout the length of the contract and in each trade,
and the contractor shall make a good faith effort to employ minorities and
women evenly on each of its projects. The transfer of minority or female
employees or trainees from contractor to contractor or from project to project
for the sole purpose of meeting the contractor's goals shall be a violation of
the contract, the Executive Order, and the regulations of 41 CFR Part 60-4.
Compliance with the goals will be measured against the total work hours
performed.
C. The contractor shall provide written notification to the Director of the Office of
Federal Contract Compliance Programs within ten (10) working days of
award of any construction subcontract in excess of $10,000 at any tier for
construction work under the contract resulting from this solicitation. The
notification shall list the name, address, and telephone number of the
subcontractor; employer identification number of the subcontractor; estimated
dollar amount of the subcontract; estimated starting and completion dates of
the subcontract; and the geographical area in which the contract is to be
performed.
d. As used in this notice, and in the contract resulting from this solicitation, the
covered area is the Standard Metropolitan Statistical Area of Los Angeles -
Long Beach, specifically the County of Los Angeles, State of California.
3. STANDARD FEDERAL EQUAL EMPLOYMENT SPECIFICATIONS (Executive Order
11246).
a. As used in these specifications:
(1) Covered area means the geographical area described in the
solicitation from which this contract resulted;
(2) Director means Director, Office of Federal Contract Compliance
Programs, United States Department of Labor, or any person to whom
the Director delegates authority;
(3) Employer Identification Number (EIN) means the Federal Social
Security Number used on the Employer's Quarterly Federal Tax
Return, United States Treasury Department Form 941.
(4) Minority includes:
(a) Black (all persons having origins in any of the Black African
racial groups not of Hispanic origin)
(b) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central
3
Exhibit A -Page A.10
or South American or other Spanish culture or origin,
regardless of race);
(c) Asian and Pacific Islander (all persons having origins in any of
the original peoples of the Far East, Southeast Asia, the Indian
Subcontinent, or the pacific Islands); and
(d) American Indian or Alaskan Native (all persons having origins
in any of the original peoples of North America and maintaining
identifiable tribal affiliations through membership and
participation or community identification).
b. Whenever the contractor, or any subcontractor at any tier, subcontracts a
portion of the work involving any construction trade, it shall physically include
in each subcontract in excess of $10,000 the provisions of these
specifications and the notice which contains the applicable goals for minority
and female participation and which is set forth in the solicitations from which
this contract resulted.
C. If the contractor is participating (pursuant to 41 CFR Part 60-4.5) in a
Hometown Plan approved by the United States Department of Labor in the
covered area either individually or through an association, its affirmative
action obligations on all work in the Plan area (including goals and time
tables) shall be in accordance with that Plan for those trades which have
unions participating in the Plan. Contractors must be able to demonstrate
their participation in and compliance with the provisions of any such
Hometown Plan. Each contractor or subcontractor participating in an
approved Plan is individually required to comply with its obligations under the
EEO Clause, and to make a good faith effort to achieve each goal under the
Plan in each trade in which it has employees. The overall good faith
performance by other contractors or subcontractors toward a goal in an
approved Plan does not excuse any covered contractor's or subcontractor's
failure to take good faith efforts to achieve the Plan goals and timetables.
d. The contractor shall implement the specific affirmative action standards
provided in paragraphs 3g (1) through 3g (16) of these specifications. The
goals set forth in the solicitation from which this contract resulted are
expressed as percentages of the total hours of employment and training of
minority and female utilization the contractor should reasonable be able to
achieve in each construction trade in which it has employees in the covered
area. Covered construction contractors performing construction work in
geographical areas where they do not have a Federal or federally assisted
construction contract shall apply the minority and female goals established
for the geographical area where the work is being performed. Goals are
published periodically in the Federal Register in notice form, and such notices
may be obtained from any Office of Federal Contract Compliance Programs
4
Exhibit A - Page A.11
office or from Federal procurement contracting officers. The contractor is
expected to make substantially uniform progress in meeting its goals in each
craft during the period specified.
e. Neither the provisions of any collective bargaining agreement nor the failure
by a union with whom the contractor has a collective bargaining agreement,
to refer either minority or women shall excuse the contractor's obligations
under these specifications, Executive Order 11246, or the regulations
promulgated pursuant thereto.
f. In order for the nonworking training hours of apprentices and trainees to be
counted in meeting the goals, such apprentices and trainees must be
employed by the contractor during the training period, and the contractor
must have made a commitment to employ the apprentices and trainees at the
completion of their training, subject to the availability of employment
opportunities. Trainees must be trained pursuant to training programs
approved by the United States Department of Labor.
g. The contractor shall take specific affirmative actions to ensure equal
employment opportunity. The evaluation of the contractor's compliance with
these specifications shall be based upon its effort to achieve maximum
results from its actions. The contractor shall document these efforts fully,
and shall implement affirmative action steps at least as extensive as the
following:
(1) Ensure and maintain working environment free of harassment,
intimidation, and coercion at all sites, and in all facilities at which the
contractor's employees are assigned to work. The contractor, where
possible, will assign two or more women to each construction project.
The contractor shall specifically ensure that all foremen,
superintendents, and other on -site supervisory personnel are aware of
and carry out the contractor's obligation to maintain such a working
environment, with specific attention to minority or female individuals
working at such sites or in such facilities.
(2) Establish and maintain a current list of minority and female
recruitment sources, provide written notification to minority and female
recruitment sources and to community organizations when the
contractor or its unions have employment opportunities available, and
maintain a record of the organization's responses.
(3) Maintain a current file of the name, address, and telephone numbers
of each minority and female off -the -street applicant and minority or
female referral from a union, a recruitment source, or community
organization and of what action was taken with respect to each such
individual. If such individual was sent to the union hiring hall for
E
Exhibit A -Page A.12
referral and was not referred back to the contractor by the union or, if
referred, not employed by the contractor, this shall be documented in
the file with the reason therefore, along with whatever additional
actions the contractor may have taken.
(4) Provide immediate written notification to the Director when the union
or unions with which the contractor has a collective bargaining
agreement has not referred to the contractor a minority person or
woman sent by the contractor, or when the contractor has other
information that the union referral process has impeded the
contractor's efforts to meet its obligations.
(5) Develop on-the-job training opportunities and/or participate in training
programs for the area which expressly include minorities and women,
including upgrading programs and apprenticeship and trainee
programs relevant to the contractor's employment needs, especially
those programs funded or approved by the Department of Labor. The
contractor shall provide notice of these programs to the sources
compiled under 3g (2) above.
(6) Disseminate the contractor's EEO policy by providing notice of the
policy to unions and training programs and requesting their
cooperation in assisting the contractor in meeting its EEO obligations;
by including it in any policy manual and collective bargaining
agreement; by publicizing it in the company newspaper, annual report,
etc.; by specific review of the policy with all management personnel
and with all minority and female employees at least once a year; and
by posting the company EEO policy on bulletin boards accessible to
all employees at each location where construction work is performed.
(7) Review, at least annually, the company's EEO policy and affirmative
action obligations under these specifications with all employees
having any responsibility for hiring, assignment, layoff, termination or
other employment decisions including specific review of these items
with on- site supervisory personnel such as Superintendents, General
Foremen, etc., prior to the initiation of construction work at any job
site. A written record shall be made and maintained identifying the
time and place of these meetings, persons attending, subject matter
discussed, and disposition of the subject matter.
(8) Disseminate the contractor's EEO policy externally by including it in
any advertising in the news media, specifically including minority and
female news media, and providing written notification to and
discussing the contractor's EEO policy with other contractors and
subcontractors with whom the contractor does or anticipates doing
business.
6
Exhibit A - Page A.13
(9) Direct its recruitment efforts, both oral and written, to minority, female,
and community organizations; to schools with minority and female
students; and to minority and female recruitment and training
organizations serving the contractor's recruitment area and
employment needs. Not later than one month prior to the date for the
acceptance of applications for apprenticeship or other training by any
recruitment sources, the contractor shall send written notification to
organizations such as the above, describing the opening, screening
procedures, and tests to be used in the selection process.
(10) Encourage present minority and female employees to recruit other
minority persons and women and, where reasonable, provide after
school, summer, and vacation employment to minority and female
youth, both on the site and in other areas of a contractor's work force.
(11) Validate all tests and other selection requirements where there is an
obligation to do so under 41 CFR Part 60-3, Uniform Guidelines on
Employee Selection Procedures.
(12) Conduct, at least annually, an inventory and evaluation at least of all
minority and female personnel for promotional opportunities and
encourage these employees to seek or to prepare for, through
appropriate training, etc., such opportunities.
(13) Ensure that seniority practices, job classifications, work assignments,
and other personnel practices do not have a discriminatory effect by
continually monitoring all personnel and employment -related activities
to ensure that the EEO policy and the contractor's obligations under
these specifications are being carried out.
(14) Ensure that all facilities and company activities are non -segregated
except that separate or single -user toilet and necessary changing
facilities shall be provided to assure privacy between the sexes.
(15) Document and maintain a record of all solicitations of offers for
subcontracts from minority and female construction contractors and
suppliers, including circulation of solicitations to minority and female
contractor associations and other business associations.
(16) Conduct a review, at least annually, of all supervisors' adherence to
and performance under the contractor's EEO policies and affirmative
action obligations.
h. Contractors are encouraged to participate in voluntary associations which
assist in fulfilling one or more of their affirmative action obligations 3g(1)
7
Exhibit A -Page A.14
through (16). The efforts of a contractor association, joint contractor -union,
contractor -community, or other similar group of which the contractor is a
member and participant, may be asserted as fulfilling any one or more of its
obligations under 3g(1) though (16) of these specifications provided that the
contractor actively participates in the group, makes every effort to ensure that
the group has a positive impact on the employment of minorities and women
in the industry, ensures that the concrete benefits of the program are
reflected in the contractor's minority and female work force participation,
makes a good faith effort to meet its individual goals and timetables, and can
provide access to documentation which demonstrates the effectiveness of
actions taken on behalf of the contractor. The obligation to comply, however,
is the contractor's, and failure of such a group to fulfill an obligation shall not
be a defense for the contractor's noncompliance.
A single goal for minorities and a separate single goal for women have been
established. The contractor, however, is required to provide equal
employment opportunity and to take affirmative action for all minority groups,
both male and female, and all women, both minority and non -minority.
Consequently, the contractor may be in violation of the Executive Order if a
particular group is employed in a substantially disparate manner (for
example, even though the contractor has achieved its goals for women
generally, the contractor may be in violation of the Executive Order if a
specific minority group of women is underutilized).
j. The contractor shall not use the goals and timetables of affirmative action
standards to discriminate against any person because of race, color, religion,
sec or national origin.
k. The contractor shall not enter into any subcontract with any person or firm
debarred from Government contracts pursuant to Executive Order 11246.
I. The contractor shall carry out such sanctions and penalties for violation of
these specifications and of the Equal Opportunity Clause, including
suspension, termination, and cancellation of existing subcontracts as may be
imposed or ordered pursuant to Executive Order 11246, as amended, and its
implementing regulations, by the Office of Federal Contract Compliance
Programs. Any contractor who fails to carry out such sanctions and penalties
shall be in violation of these specifications and Executive Order 11246, as
amended.
M. The contractor, in fulfilling its obligations under these specifications, shall
implement specific affirmative actions steps, at least as extensive as those
standards prescribed in Paragraph 3g of these specifications, so as to
achieve maximum results from its efforts to ensure equal employment
opportunity. If the contractor fails to comply with the requirements of the
Executive Order, the implementing regulations, or these specifications, the
a
Exhibit A - Page A.15
Director shall proceed in accordance with 41 CFR Part 60-1.8 (Show Cause
Notice).
n. The contractor shall designate a responsible official to monitor all
employment related activity to ensure that the company EEO policy is being
carried out, to be required by the Government and to keep records. Records
shall at least include for each employee the name, address, telephone
numbers, construction trade, union affiliation, if any, employee identification
number when assigned, social security number, race, sex, status (e.g.,
mechanic, apprentice, trainee, helper, or laborer), dates of changes in status,
hours worked per week in the indicated trade, rate of pay, and locations at
which the work was performed. Records shall be maintained in an easily
understandable and retrievable form; however, to the degree that existing
records satisfy this requirement, contractors shall not be required to maintain
separate records.
o. Nothing herein provided shall be construed as a limitation upon the
application of other laws which establish different standards of compliance or
upon the application of requirements for the hiring of local or other area
residents (e.g., those under the Public Works Employment Act of 1977 and
the Community Development Block Grant Program).
P. The Director, from time to time, shall issue goals and timetables for minority
and female utilization which shall be based on appropriate work force,
demographic or other relevant data and which shall cover construction
projects or construction contracts performed in specific geographic areas.
The goals, which shall be applicable to each construction trade in a covered
contractor's or subcontractor's entire work force which is working in the area
covered by the goals and timetables, shall be published as notices in the
Federal Register, and shall be inserted by the contracting officers and
applicants, as applicable, in the Notice required by 41 CFR 60-4.2.
4. SPECIFIC EEO REQUIREMENTS. For a federally assisted construction contract in
excess of $10,000, the contractor/subcontractor shall:
a. Forward the following EEO certification forms to the contract awarding
authority prior to contract award: Certification of Non -segregated Facilities
and Certification with Regard to the Performance of Previous Contracts or
Subcontracts Subject to the Equal Opportunity Clause and the Filing of
Required Reports.
b. Submit a notification of subcontracts awarded to the Director, Office of
Federal Contract Compliance Programs, United States Department of Labor -
ESA, 200 Constitutional Avenue, NW, Room C3325, Washington, D.C.,
20210, within 10 working days of award of any subcontract in excess of
$10,000, listing the name, address, and telephone number of the
9
Exhibit A -Page A.16
subcontractor; employer identification number; estimated dollar amount of the
subcontract; estimated starting date and completion dates of the subcontract;
and the geographical area in which the contract is to be performed.
C. Send a notice of the contractor's commitment to equal employment
opportunity to labor unions or representatives of workers prior to
commencement of construction work.
d. Display an equal employment opportunity poster in a conspicuous place
available to employees and applicants for employment.
e. For contracts in excess of $10,000, bind subcontractors to the Federal Equal
Employment Opportunity requirements by including the provisions of
Paragraphs 1 through 3, above, in the subcontract.
f. Upon commencement of construction work and until the work is completed,
forward the Monthly Employment Utilization Report (Form CC-257) to the
contract awarding authority by the end of each work month. With the initial
monthly report, the contractor/subcontractor shall attach the Contractor's List
of Federal and Non -Federal Work in Bid Condition Area to the monthly report.
5. CIVIL RIGHTS ACT OF 1964. Under Title VI of the Civil Rights Act of 1964, no
person shall, on the grounds of race, color, or national origin, be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under
any program or activity receiving Federal financial assistance.
6. SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF
1974. No person in the United States on the grounds of race, color, national origin,
or sex be excluded from participation in, be denied the benefits of, or be subjected
to discrimination under any program or activity funded in whole or in part with funds
made available under this title.
7. THE AGE DISCRIMINATION ACT OF 1975. No person in the Unites States shall,
on the basis of age, be excluded from participation in, be denied the benefits of, or
be subjected to discrimination under any program or activity receiving Federal
financial assistance.
8. REHABILITATION ACT OF 1973. No otherwise qualified individual with handicaps
in the United States shall, solely by reason of his or her handicap, be excluded from
the participation in, be denied the benefits of, or be subjected to discrimination under
any program or activity receiving Federal assistance.
10
Exhibit A - Page A.17
14
NON -SEGREGATED FACILITIES CERTIFICATION
FEDERALLY -ASSISTED CONSTRUCTION PROJECTS
The federally -assisted construction contractor certifies that he/she DOES NOT and WILL NOT:
Maintain or provide, for his/her employees, any segregated facilities at any of his/her
establishments.
Permit his/her employees to perform their services at any location, under his/her
control, where segregated facilities are maintained.
The federally -assisted contractor agrees that a breach of this certification is a violation of the Equal
Opportunity Clause in this contract. As used in this certification, the term segregated facilities means any
waiting room, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks,
locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or
entertainment areas, transportation, and housing facilities provided for employees which are segregated
by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because
of habit, local custom, or otherwise.
The federally -assisted contractor agrees that (except where he/she has obtained identical certifications
from proposed subcontractors for specific time periods) he/she will obtain identical certifications from
proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt
from the provisions of the Equal Opportunity Clause, and that he/she will retain such certifications in
his/her files.
NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.
Date: 08/04/21
Company:
Address: By: p
Title: Pr
Jaynes Brothers Construction, inc
Project Number:
996 Lawrence Drive, Suite 201, Newbury Park, CA 91320
Chase
PA111911
Exhibit A - Page A 18
Project No. 21035
(g) The Standard Specifications and Standard Specifications for Public Works
Construction, as detailed in Section 19-1 of the West Covina Municipal Code,
incorporated by this reference as if fully set forth herein; and
(h) All exhibits and attachments to the foregoing documents.
The documents comprising the complete Agreement may be referred to in this Agreement as the
"Contract Documents." In the event of an inconsistency between any of the terms in this Agreement and
any of the documents referenced above, this Agreement shall govern.
1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance
with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local
governmental agency having jurisdiction in effect at the time the work is performed.
1.4 Licenses, Permits, Fees, and Assessments. Contractor shall obtain at its sole cost and
expense such licenses, permits and approvals as may be required by law for the performance of the services
required by this Agreement, including a business license from the City. Contractor shall have the sole
obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be
imposed by law and arise from or are necessary for the Contractor's performance of the services required
by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments,
taxes penalties or interest levied, assessed or imposed against City hereunder. Contractor shall be
responsible for all subcontractors' compliance with this Section.
1.5 Familiarity with Work. By executing this Agreement, Contractor warrants that
Contractor (a) has thoroughly investigated and considered the Scope of Services to be performed, (b) has
carefully considered how the services should be performed, and (c) fully understands the facilities,
difficulties and restrictions attending performance of the services under this Agreement. If the services
involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or
will be fully acquainted with the conditions there existing, prior to commencement of services hereunder.
Should the Contractor discover any latent or unknown conditions, which will materially affect the
performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall
not proceed except at Contractor's risk until written instructions are received from the Contract Officer.
1.6 Care of Work. The Contractor shall adopt reasonable methods during the life of this
Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents,
plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for
all such damages, to persons or property, until acceptance of the work by City, except such losses or
damages as may be caused by City's own active negligence.
1.7 Further Responsibilities of Parties. Both parties agree to use reasonable care and
diligence to perform their respective obligations under this Agreement. Both parties agree to act in good
faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary
to cant' out the purposes of this Agreement. Contractor shall require all subcontractors to comply with the
provisions of this Agreement.
1.8 Additional Services. City shall have the right at any time during the performance of the
services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of
Services or make changes by altering, adding to or deducting from said work. No such extra work may be
2
Rev. 01-2021
CERTIFICATION
WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR
SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND
THE FILING OF REQUIRED REPORTS
The Rtidder, ❑proposed sub -contractor, hereby certifies that he/she dhas, Chas not, participated
in a previous contract or subcontract subject to the Equal Opportunity Clause, as required by
Executive Orders 10925, 11114, or 11246, and that he/she Mhas, Chas not, filed with the Joint
Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal
Government contracting or administering agency, or the former President's Committee on Equal
Employment Opportunity, all reports due under the applicable filing requirements.
Date: 08/04/21 Project Number: 21035 ContractAward: $ 201 1158,43
Awarding Agency: City of West Covina -
Contractor Name:
Affiliate Company:
By: Chase Jaynes
Title: President
Jaynes Brothers Construction, into Total Number of Employees 17
NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor
(41 CFR 60-1.7(b)(1), and must be submitted by bidders and proposed subcontractors only in connection with contracts
and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from
the equal opportunity clause are set forth in 41 CFR 60-1.5 (Generally only contracts or subcontracts of $10,000 or under
are exempt).
Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to
the Executive Orders and have not filed the required reports should note that4l CFR 60-1.7(b)(1) prevents the award of
contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period
specified by the U.S. Department of the Interior or by the Director, Office of Federal Contract Compliance, U.S.
Department of Labor.
SF-100 (EEO-1) must be filed by;
(A) All private employers who are:
(1) Subject to Title VII of the Civil Rights Act of 1964 (as amended) with 100 or more employees.
(2) Subject to Title VII who has fewer than 100 employees, if the company is owned or affiliated with
another company, or there is centralized ownership, control or management so that the group legally
constitutes a single enterprise, and the entire enterprise employs a total of 100 or more employees.
(B) All federal contractors (private employers), who:
(1) Are not exempt as provided for by 41 CFR 60-1.5
(2) Have 50 or more employees, and
a. Are prime contractors or first -tier subcontractors, and have a contract, subcontract, or purchase
order amounting to $50,000 or more; or
b. Serve as a depository of Government funds in any amount, or
c. Is a financial institution, which is an issuing, and paying agent for U.S. Savings Bonds and Notes.
Exhibit A -Page A.i9
WORKER'S COMPENSATION CERTIFICATION
I certify, by signature below, that I am aware of the provisions of Section 3700 of the
California Labor Code which require every employer to be insured against liability for
worker's compensation or to undertake self-insurance in accordance with the provisions of
that code, and I will comply with such provisions before commencing the performance of
the work of this contract.
Date: 08/04/21 Project Number: 21035
Project Name: City of West Covina California Friendship Park Improvements (#21035)
Company Name: Jaynes Brothers Construction inc
Address: 996 Lawrence Drive Suite 201 Newbury Park, CA 91320
Print Name: Chase Jaynes
Title: President
Signature:
Exhibit A - Page A20
City of test Covina. California, Friendship Park Improvements (#21035) Bid Package
Document (,ontrol Page 12 of 1%4
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U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HUD FORM 4230A
REPORT OF ADDITIONAL CLASSIFICATION AND RATE OMB Approval N,moer2507-0011
(Exp 05I30/2055,
1. FROM (name and address of requesting agency)
2. PROJECT NAME AND NUMBER
Jaynes Brothers Construction, inc
Friendship Park Improvements
996 Lawrence Drive, Suite 201
#21035
Newbury Park, CA 91320
3. LOCATION OF PROJECT (City, County and State)
City of West Covina, CA
4. BRIEF DESCRIPTION OF PROJECT
5. CHARACTER OF CONSTRUCTION
Demolition and installation of new playground
❑ Building ❑ Residential
❑ Heavy Other (specify)
❑ Highway
6. WAGE DECISION NO. (Include modification number, if any)
7. WAGE DECISION EFFECTIVE DATE
07/01I20
❑ COPY ATTACHED
8. WORK CLASSIFICATION(S)
HOURLY WAGE RATES
BASIC WAGE FRINGE BENEFIT(S) (if any)
Laborer Group 1
$36.39
$21.04
9. PRIME CONTRACTOR (name, address)
10. SUBCONTRACTOR/EMPLOYER, IF APPLICABLE (name, address)
Jaynes Brothers Construction, inc
996 Lawrence Drive, Suite 201,
Newbury Park, CA 91320
Check All That A I
❑ The work to be performed by the additional classification(s) is not performed by a classification in the applicable wage decision.
VThe proposed classification is utilized in the area by the construction industry.
❑ The proposed wage rate(s), including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the
wage decision.
❑ The interested parties, including the employees or their authorized representatives, agree on the classification(s) and wage rate(s).
❑ Supporting documentation attached, including applicable wage decision.
Check One:
Approved, meets all criteria. DOL confirmation requested.
❑ One or more classifications fail to meet all criteria as explained in agency referral. DOL decision requested.
FOR HUD USE ONLY
Chase Jaynes&42�L-08/04/21
LR2000:
Agency Representat" Dare
Log In:
(Typed name and signaf
(805) 375-1111
Log out:
Phone Number
HUDA230A ("3) PREVIOUS E"MnN lR)0B5=E
City of West Covina. California, Friendship Park Improvements (421035) Bid Package
Document Control Page 128 of 154
TO:
EQUAL EMPLOYMENT OPPORTUNITY COMMITMENT
Laborers Local 652
(Name of Labor Union. Workers Representative. etc.
1532 E. Chestnut St., Santa Ana, CA 92701
(Address)
Name of Business (Contractor):
Javnes Brothers Construction, inc
Project Name: Friendship Park Improvements Project Number:
21035
The Undersigned currently holds a contract with City of West Covina , involving
funds of the U. S. Government, or a subcontract with a prime contractor holding such contract.
You are advised that under the provisions of the above contract or subcontract, and in accordance
with Executive Order 11246, the undersigned is obligated not to discriminate against any employee
or applicant for employment because of race, color, religion, sex or national origin. This obligation
not to discriminate in employment includes, but is not limited to the follow:
1. Hiring, placement, upgrading, transfer or demotion;
2. Recruitment, advertising or solicitation for employment;
3. Treatment during employment;
4. Rates of pay or other forms of compensation;
5. Selection for training, including apprenticeship; and
6. Layoff or termination.
This notice is furnished to you pursuant to the provisions of the above contract or subcontract and
Executive Order 11246. Copies of this notice will be posted by the undersigned in conspicuous
places available to employees or applicants for employment.
Chase Jaynes
(Pnnt Name)
08/04/21
(Date)
By:
azure)
President
(rule)
Exhibit A - Page A 23
City of West Covina, California, Friendship Park Improvements (#21035) Bid Package Document Control Page 129 of 164
2020 INCOME CERTIFICATION
affective =afri a1, 2020)
Name: Huriel Moreno
Address 400 North Kenwood Street / Apartment #4 / Glendale, Ca 91206
I hereby certify that I a151 (Check the applicable statement beb«t
7 A Public Housing resident I,spe^ the Name of the Pub c Housing allo):
Sid A low income resident of the metropolitan area of Los Arlgeles70rarlge County, based on the following
Check v Famlty Slze and the gross annual ✓ Income from all sources below
FAMILY SIZE
INCOME LIMITS
1 f
S23.700 or core p�/
$23,7011. $39.450 ❑
W.451 bf67100 ❑
f87.101 Amore ❑
2 ❑
$27.050 or lass ❑
$27.051 to $45,050 ❑
$45.051 in $72,100 ❑
$72.101 a more ❑
3 ❑
$30.450 or lea6 ❑
SW 451 b $0,700 ❑
$50,701 In $81,100 ❑
$61 101 a more ❑
4 ❑
S33800 or less ❑
S33,801 b 11 ❑
%6,301 Io W.100 ❑
$90.101 a more ❑
5 ❑
S36.550 or he a ❑
S36.551 to Wo.850 ❑
$60,651 b $97,350 ❑
$97,351 Amore ❑
6 ❑
$39250 or loss ❑
S39,251 to 565,350 ❑
S855,351 to $104.550 ❑
$HW 551 ern,ore ❑
7 ❑
S41.950 or less ❑
$41,951 to 110.850 ❑
$611.851 b $111750 ❑
$111 751 ormore ❑
8 ❑
S44 650 a less ❑
S44651 b $74350 ❑
$74 351 to $116 9W ❑
$118951 a more ❑
❑ Not a public housing or low-income resident of the metropolitan area of Los Angeles70range County.
Certified by signature below, under penalty of perjury under the laws of the State of Cal foin, that the foregoing is true and cared
Huriel Moreno 08/19/21
Pa�arw ua,re sya over
THIS SECTION 1IUST BE COMPLETED BY THE AUTHORIZED BUSLNESS OWNER/AGEN r
The above -lamed person m; pan applicant O a permanent ail -lime Sfa new -hire employee I late of hire- 03/24/21 ElWA
Their person's work Casirification aInstaller
Jaynes Brothers Construction Chase Jaynes 08/20/21
Witness Name Pira Namaof0wrisMAgara $lyahu edAgeM Vale
None, of LCA Protect Name
Incomel-evet DE.xeemeyt-m ❑veryi-o.'
E]Not income qualified br the albvniq reasorasl.
Preference Category: []Targeted Senor Area-Prowae Cerw,a Tract
(]Youth ButW Program I]kk1(innay Homeleaa Proven
Aft N" ofSoGM 3 CooNinta
PmjeN NumAer
❑ Low ❑ arer the q,alitpng income IAA
and Bbtic Group
I]oarer qualified Program.
Exhibit A - Page A.24
City of west Covina, California, Friendship Park Improvements (a21035) Bid Package Document Control Page 130 of IFA
SECTION 3 BUSINESS CERTIFICATION
SECTION 3 BUSINESS CERTIFICATION FORM
Business Name: Jaynes Brothers Construction, inc
Business Addttss: 996 Lawrence Drive, Suite 201
Newbury Park, CA 91320
Telephone Numbet: (805) 375-1111 Contiact/Bid Amount: 5
1. The above mentioned business firm is a Section 3 business concern based on the following qualifications:
❑ 51-percent owned by Section 3 Residents
(Submit Resident Certifications with this business certification form)
❑ At least 30-percent Permanent, full-time employees are Section 3 Residents
Total Number of all full-time employees _ , Number of Sectron 3 qualified Employees
(Submit the Resident Certification form(s) with this Busmess Certification form)
2. The above mentioned business film is not a Section 3 business concern, but commits to the Section 3 goal:
Written Commitment (Section 3 Econumrc Opportunity Plan), outline intentions to:
Hite Section 3 qualified residents at least 30- per Cent aggregate new hire positions, and/or
Subcontract 25-petcent or mare of the contract amount to Section 3 qualified business concei Lis,
THE UNDERSIGNED DECLARES THAT THE ABOVE INFORMATION IS COMPLETE AND CORRECT
08/04/21
Signature Of Ow r
r/Principal Date
Jaynes Brothers Construction, inc 896407
Business Name license Number
To Be Completed by Local Contracting Aoemy
Po efatence Cateciory: Taroeted Servxe Area Youthbuild. Other - Census Tract Number.
Exhibit A - Page A.25
City of west Covina. California, Friendship Park Improvements f#21035) Bid Package
Document Conhol Page 131 of 1 FA
SECTION 3 ECONOMIC OPPORTUNITY PLAN
SECTION 3 ECONOMIC OPPORTUNITY PLAN
t Name aria Address of Repo" Eni
2 Federal Ide irraton 1CantracbAwaro NO I
3 DOW Am M or Awad
Reap,eM Sub+eCrp,MI Contractor, SubcmbMtpn
21035
a ConactPerMW
6 PhoteoOoweAreaCodel
Jaynes Brothers Construction
Joseph Rochon
805 375-1111
996 Lawrence Drive, Suite 201
6 RepmlepPeriod
T Date 08/04/21��
Newbury Park, CA91320
a Program Code 10
(Use a separate sneer lot earn Program Code)
Program Codes
t 1i SL4u4r 2 Secaon 20'J61 r 3 Pren0n64" HO DeMrO+KM ooeraaa^ aw taadem:MM a Hame.ss aews:errc. 5 MOME
6 HObe-'datefemM3trea 7 CDB:,-E>"_ceneM
B CM Sb'e Aam ,xt 9 Garr CDProparM
to OCr+Itwtr9 P+eg'>^w
Part P Emnlnvmpnt and Traininn Cnmmitment
JOB
TOTAL
SECTION 3
1s of Aggregate Hues
CLASSIFICATION
NEVr HIRES
NEW HIRES
WTo are Section 3 Residents
Professionals
%
Technicians
%
Office/Clerical
%
Trade Laborer
1
1
100 %
Trade
%
Trade
%
Trade
%
Total
%
Pare Ilo Contract Award Commitment to Section 3 Businesses i5Ow aMa Smd.ers v.ro rseMaep .
NAME OF
SECTION 3 BUSINESS CONCERN
SPECIFY
CONSTRUCTION OR NONCONSTRUCTION CONTRACT
CONTRACT
AMOUNT
0
0
$ 0
S
5
S
S
S
S
TOTAL
$
Percentage of the total dollar amount to be awarded to Section 3 Business Concerns:
0 %
Exhibit A - Page A.26
NOTICE OF SECTION 3 COMMITMENT
Laborers Loca 652
TO:
(Name of Labor Union, Workers Representabve, etc.
1532 E. Chestnut St., Santa Ana, CA 92701
(Address)
Name of Business (Contractor): Jaynes Brothers Construction inc
Project Name: Friendship Park Improvements Project Number:
21035
The Undersigned currently holds a contract with City of West Covina
involving Block Grant (CDBG) funds from the U. S. Department of Housing and Urban Development
or a subcontract with a prime contractor holding such contract.
You are advised that under the provisions of the above contract or subcontract and in accordance
with Section 3 of the Housing and Urban Development Act of 1968, the undersigned is obligated to
the greatest extent feasible, to give opportunities for employment and training to lower income
residence of the CDBG-assisted project area and to award contracts for work on the project to
business concerns which are located in or are owned in substantial part by project area residence.
Regarding employment opportunities for Section 3, the minimum number and job titles are:
Minimum Job Classification
Number
1 Laborer
Regarding job referrals, request that consideration be given, to the greatest extent feasible, to
assignment of persons residing in the service area or neighborhood in which the project is located.
The anticipated date the work will begin is October, 2021 For additional information, you may
contact Chase Jaynes President at( 805 ) 375-1111
This notice is furnished to you pursuant to the provisions of the above contract or subcontract and
Section 3 of the Housing and Urban Development Act of 1968. Copies of this notice will be posted
by the undersigned in conspicuous places available to employees or applicants for employment.
Chase Jaynes
(Prim Name)
08/04/21
(Dare)
By. ���ignffin
President
BhbitA- Page A27
TO BE FILLED OUT UPON PROJECT COMPLETION
SECTION 3 ECONOMIC OPPORTUNITY REPORT
OContractor OSubcontractor.
Business Address:
Contract Amount:
Reporting Period
FROM TO
Name of Owner or Authorized Agent:
Signature Owner or Authorized Agent:
Local Contracting Agency (LCA):
Section 3 Coordinator:
Telephone Number:
CDBG Project Number.
Project Name:
Project Location:
Employment Accomplishments (attach completed Resident Certification form for each new hire)
Income -
TOTAL qualified
WORK CLASSIFICATIONS NEW HIRES NEW HIRES Efforts made to generate economic opportunities
Professionals OAdvertised through local media, television, radio, newspaper
❑Signs prominently displayed at the project site
Technicians ❑Contacts with community organizations
oFcelcierical 00ther
Trade:
Barriers encountered in meeting goals
Trade: ❑ No jobs were available during this reporting period.
Trade:
❑Other
Totals:
Minimum goal is 30%of the total new hires
The "to date" percentage of aggregate new hires who are Section 3 qualified residents that were hired for this project is:
Subcontracting Accomplishments (attach a completed Business Certification form and supporting Resident Certificationforms)
SECTION 3 qualified BUSINESS NAME
Type of Contract Supporting Documentation
OConstruction or I ❑Business Certification
❑Non -Construction I ❑Resident Certifications
OConstruction or ❑Business Certification
ON I ❑Resident Certifications
OConstruction or I OBusiness Certification
Non-SECTION3 BUSINESS NAME Type of Contract
OConstruction or
❑Non -Construction
OConstruction or
❑Non -Construction
Performance
❑Responsive to Section 3 requirements
❑Responsive to Section 3 requirements
❑Non -Responsive $
Subtotal of "to date" Section 3 subcontract dollars $
Subtotal of "to date" non -Section 3 subcontract dollars $
CONTRACT
AMOUNT
Total "to date" subcontracting dollars: $ 0
Minimum Goal is 25%of the total subcontracting dollars
The "to date' percentage of the amount of the total subcontracts awarded to qualified Section 3 Business Concerns is:
1-1 Check this box if this is your Final Report and submit it with your final Certified Payroll Report DATE OF REPORT Signature ofAuthorsged Rep-sentafte
Exhibit A - Page A.28
Project No. 21035
undertaken unless a written change order is fast given by the Contract Officer to the Contractor,
incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this
Agreement, which said adjustments are subject to the written approval of the Contractor. All change orders
are subject to the requirements of West Covina Municipal Code Section 19-302. It is expressly understood
by Contractor that the provisions of this Section shall not apply to services specifically set forth in the
Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the
risk that the services to be provided pursuant to the Scope of Services may be more costly or time
consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation
therefor.
1.9 Prevailing Wage Requirements.
(a) Prevailing Wage Laws. Contractor is aware of the requirements of Chapter 1 (beginning at
Section 1720 et seq.) of Part 7 of Division 2 of the California Labor Code, as well as Title 8, Section 16000
et seq. of the California Code of Regulations ("Prevailing Wage Laws"), which require the payment of
prevailing wage rates and the performance of other requirements on "public works" and "maintenance"
projects. This Project is a "public works" project and requires compliance with the Prevailing Wage Laws.
Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents
free and harmless from any claim or liability arising out of any failure or alleged failure to comply with
the Prevailing Wage Laws.
(b) Payment of Prevailing Wages. Contractor shall pay the prevailing wage rates for all work
performed under this Agreement. When any craft or classification is omitted from the general prevailing
wage determinations, Contractor shall pay the wage rate of the craft or classification most closely related
to the omitted classification. A copy of the general prevailing wage rate determination is on file in the
Office of the City Clerk and is incorporated into this Agreement as if fully set forth herein. Contractor shall
post a copy of such wage rates at all times at the project site(s).
(c) Legal Working Day. In accordance with the provisions of Labor Code Section 1810 et seq.,
eight (8) hours is the legal working day. Contractor and any subcontractor(s) of Contractor shall comply
with the provisions of the Labor Code regarding eight (8)-hour work day and 40-hour work week
requirements, and overtime, Saturday, Sunday, and holiday work. Work performed by Contractor's or any
subcontractor's employees in excess of eight (8) hours per day, and 40 hours during any one week, must
include compensation for all hours worked in excess of eight (8) hours per day, or 40 hours during any one
week, at not less than one and one-half times the basic rate of pay. Contractor shall forfeit as a penalty to
City Twenty -Five Dollars ($25.00), or any greater penalty set forth in the Labor Code, for each worker
employed in the execution of the work by Contractor or by any subcontractor(s) of Contractor, for each
calendar day during which such worker is required or permitted to the work more than eight (8) hours in
one calendar day or more than 40 hours in any one calendar week in violation of the Labor Code.
(d) Apprentices. Contractor shall comply with the provisions of Labor Code Section 1777.5
concerning the employment of apprentices on public works projects. Contractor shall be responsible for
ensuring compliance by its subcontractors with Labor Code Section 1777.5.
(e) Payroll Records. Pursuant to Labor Code Section 1776, Contractor and any
subcontractor(s) shall keep accurate payroll records, showing the name, address, social security number,
work classification, straight time and overtime hours worked each day and week, and the actual per diem
Rev. 01-2021
FEDERAL LOBBYIST CERTIFICATION
Name of Firm
Jaynes Brothers Construction, inc
Address: 996 Lawrence Drive, Suite 201, Newbury Park
State: CA Zip Code: 91320 Telephone Number: ( 805 ) 375-1111
Acting on behalf of the above named firm, as its Authorized Official, I make the following Certification to the
U. S. Department of Housing and Urban Development and the Los Angeles County Development Authorit.
1) No Federal appropriated funds have been paid by or on behalf of the above named firm to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of and Federal grant, loan or
cooperative agreement, and any extension, continuation, renewal, amendment, or modification
thereof, and;
2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee or any agency, a Member of Congress
an officer or employee of Congress or an employee of a Member of Congress in connection with
this Federal contract, grant loan, or cooperative agreement, the above named firm shall complete
and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance
with its instructions, and;
3) The above name firm shall require that the language of this certification be included in the award
documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under
grants, loans, and cooperative agreement) and that all sub -recipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into the transaction
imposed by Section 1352 Title 31, U. S. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Authorized Official:
Jaynes Brothers Construction, inc
(Con=tor/Subcomacloq
08/04/21
By:
,ahnc)
President
Exhibit A -Page A.29
City of West Covina, California, Friendship Park Improvements 1=).&d��� N 3 CLAUSE Document Control Page 135 of 164
(All Section 3 covered contracts shall include the Section 3 Clause)
Section 3 Clause
a. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing
and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of
Section 3 is to ensure that employment and other economic opportunities generated by the U.S.
Department of Housing and Urban Development (HUD) assistance or HUD assisted projects covered
by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons,
particularly persons who are recipients of HUD assistance for housing.
b. The parties to this contract will comply with HUD's regulations as set forth in 24 CFR Part 135, which
implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify
that they are under no contractual or other impediment that would prevent them from complying with
the Part 135 regulations.
c. The contractor agrees to send to each labor organization or representative of workers which the
contractor has a collective bargaining agreement or other understanding, if any, a notice advising the
labor organization or workers' representative of the contractor's commitments under this Section 3
Clause, and will post copies of the notice in conspicuous places at the work site where both employees
and applicants for training and employment positions can see the notice. The notice shall; describe the
Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of
apprenticeship and training positions, the qualifications for each, and the name and location of the
persons) taking applications foe each of the positions, and the anticipated date the work shall begin.
d. The contractor agrees to include this Section 3 Clause in every subcontract subject to compliance with
regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable
provision of the subcontract or in this Section 3 Clause, upon a finding that the subcontractor is in
violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any
subcontractor where the contractor has notice or knowledge that the subcontractor has been found in
violation of regulations under 24 CFR Part 135.
e. The contractor will certify that any vacant employment positions, including training positions, that are
filled (1) after the contractor is selected, but before the contract is executed, and (2) with persons other
than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be
directed, where not filled to circumvent the contractor's obligations under 24 CFR Part 135.
Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this
contract for default, and debarment or suspension from future HUD assisted contracts.
g. With respect to work performed in connection with Section 3 covered Indian Housing Assistance,
Section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 450e) also
applies to the work to be performed under this contract. Section 7(b) requires that the greatest extent
feasible; (i) preference and opportunities for training and employment shall be given to Indians, and (ii)
preference in the award of contracts and subcontracts shall be given to Indian organizations and
Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of
Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in
derogation of compliance with Section 7(b).
CDBG 25 Exhibit A - Page A.30
City of West,�ogjg�,, �jijyrgi g �jg� c l'ilPfl'WinI5tbVN& N9VWWnits a Section 3 Business Certification form withDrti V8'C&"l Page 136 of 164
Qualifies as a Section 3 Business concern because the business
-is 51 % owned by low-income residents, or
•30% or more of its permanent full-time employees are low-income residents, and
-Provides the Section 3 Resident Certification forms) for each qualified employee.
-OR-
2. Makes a written commitment by submitting a Section 3 Economic Opportunity Plan with their bid indicating
that the bidder will:
-Hire at least 30% aggregate new -hires that are qualified low-income residents, and
-Provide the Section 3 Resident Certification form(s) for each Section 3 new -hire, or
-Subcontract 25% or more of the bid amount to qualified Section 3 Business Concern(s), and
-Ensure that the Business Concern(s) provide Section 3 Resident Certification form(s) for each
qualified employee.
NOTE: If the contract is awarded based upon the written commitment, the contractor will be responsible to
document all efforts made to recruit Section 3 resident new -hires. Additionally, the recipient of a Section 3
contract who commits to the Section 3 goal is required to submit a Section 3 Summary Report by July 1
and/or with their final Certified Payroll Report submission.
First preference will be given to a bidder who provides a reasonable bid and is a qualified Section 3 Business Concern.
Second preference will be given to a bidder who provides a reasonable bid and commits to achieving the Section 3
employment, training and subcontracting opportunity goals by submitting a written commitment (Economic Opportunity Plan).
A Section 3 Non -responsive bidder is a bidder that:
► Fails to provide a Section 3 Business Certification form documenting Section 3 qualifications with a bid response, or
► Fails to provide a Section 3 Business Certification form and an Economic Opportunity Plan with a bid response.
However, if the lowest bid of a qualified Section 3 Responsive Bidder is not reasonable (not within the Zone of Consideration),
as defined below, the construction contract shall be awarded to the lowest bid from any responsive and responsible bidder.
A REASONABLE bid is a bid that is not more then the value of "X" higher than the LOWEST BID.
1. The actual dollar amount of bid received from any responsible bidder, PLUS
2. The "X" FACTOR, which is the lesser of;
a. The dollar amount of the required percentage listed on the chart below of the Bid submitted, or
b. The actual dollar amount listed on the chart below.
3. Equal the MAXIMUM ACCEPTABLE BID.
ZONE OF CONSIDERATION
If the Lowest Bid is
The "X" FACTOR
is the Lesser than
At Least
But Less Than
$100,000
N/A
10%
$9,000
$100,000
$200,000
9%
$16,000
$200,000
$300,000
8%
$21,000
$300,000
$400,000
7%
$24,000
$400,000
$500,000
6%
$25,000
$500,000
$1,000,000
5%
$40,000
$1,000,000
$2,000,000
4%
$60,000
$2,000,000
$4,000,000
3%
$80,000
$4,000,000
$7,000,000
2%
$105,000
$7,000,000
1.5%
CDBG 26 Exhibit A - Page A.31
"General Decision Number: CA20210022 07/30/2021
Superseded General Decision Number: CA20200022
State: California
Construction Types: Building, Heavy (Heavy and Dredging) and
Highway
County: Los Angeles County in California.
BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not
include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does
not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS
Note: Under Executive Order (ED) 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. I£ 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
02/05/2021
3
02/12/2021
4
03/05/2021
5
03/19/2021
6
06/25/2021
7
07/23/2021
8
07/30/2021
ASBE0005-002 07/06/2020
Rates Fringes
Addendum 1, Appendix B, Page 1
Asbestos Workers/Insulator
(Includes the application of
all insulating materials,
protective coverings,
coatings, and finishes to all
types of mechanical systems) ..... $ 45.39 23.74
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
BOIL0092-003 01/01/2021
Rates Fringes
BOILERMAKER ......................$ 46.03 38.81
----------------------------------------------------------------
* ERCA0004-007 05/01/2020
Rates Fringes
BRICKLAYER; MARBLE SETTER ........ $ 41.53 19.48
*The wage scale for prevailing wage projects performed in
Blythe, China lake, Death Valley, Fort Irwin, Twenty -Nine
Palms, Needles and 1-15 corridor (Barstow to the Nevada
State Line) will be Three Dollars ($3.00) above the
standard San Bernardino/Riverside County hourly wage rate
----------------------------------------------------------------
BRCA0018-004 06/01/2019
Rates
Fringes
MARBLE FINISHER ..................$
33.43
14.11
TILE FINISHER ....................$
28.23
12.65
TILE LAYER .......................$
40.07
18.36
----------------------------------------------------------------
ERCA0018-010 09/01/2020
Addendum 1, Appendix B, Page 2
Rates Fringes
TERRAZZO FINISHER ................$ 33.66 14.20
TERRAZZO WORKER/SETTER ........... $ 41.60 14.73
----------------------------------------------------------------
CARP0409-001 07/01/2018
Rates
Fringes
CARPENTER
(1) Carpenter, Cabinet
Installer, Insulation
Installer, Hardwood Floor
Worker and acoustical
installer ...................$
41.84
19.17
(2) Millwright ..............$
42.91
19.17
(3) Piledrivermen/Derrick
Bargeman, Bridge or Dock
Carpenter, Heavy Framer,
Rock Bargeman or Scowman,
Rockslinger, Shingler
(Commercial) ................$
42.54
19.17
(4) Pneumatic Nailer,
Power Stapler ...............$
40.09
19.17
(5) Sawfiler...............$
39.83
19.17
(6) Scaffold Builder .......
$ 31.60
19.17
(7) Table Power Saw
Operator ....................$
40.93
19.17
FOOTNOTE: Work of forming in the construction of open cut
sewers or storm drains, on operations in which horizontal
lagging is used in conjunction with steel H-Beams driven or
placed in pre- drilled holes, for that portion of a lagged
trench against which concrete is poured, namely, as a
substitute for back forms (which work is performed by
piledrivers): $0.13 per hour additional.
----------------------------------------------------------------
CARP0409-002 07/01/2016
Rates
Diver
(1)
Wet .....................$
712.48
(2)
Standby .................$
356.24
(3)
Tender ..................$
348.24
(4)
Assistant Tender ........
$ 324.24
Amounts in ""Rates' column are per day
----------------------------------------
CARP0409-005 07/01/2015
Rates
Drywall
DRYWALL INSTALLER/LATHER .... $ 37.35
STOCKER/SCRAPPER ............ $ 10.00
Fringes
17.03
17.03
17.03
17.03
Fringes
11.08
7.17
Addendum 1, Appendix B, Page 3
----------------------------------------------------------------
CARP0409-008 08/01/2010
Rates Fringes
Modular Furniture Installer ...... $ 17.00 7.41
----------------------------------------------------------------
ELEC0011-004 02/01/2021
Rates Fringes
ELECTRICIAN (INSIDE
ELECTRICAL WORK)
Journeyman Electrician ...... $ 51.50 3%+28.77
ELECTRICIAN (INTELLIGENT
TRANSPORTATION SYSTEMS Street
Lighting, Traffic Signals,
CCTV,and Underground Systems)
Journeyman Transportation
Electrician .................$ 51.30 3%+28.97
Technician ..................$ 38.48 3%+28.97
FOOT NOTE:
CABLE SPLICER & INSTRUMENT PERSON: Recieve 5% additional per
hour above Journeyman Electrician basic hourly rate.
TUNNEL WORK: 10% additional per hour.
SCOPE OF WORK - TRANSPORTATION SYSTEMS
ELECTRICIAN:
Installation of street lights and traffic signals,including
electrical circuitry, programmable controllers,
pedestal -mounted electrical meter enclosures and laying of
pre -assembled multi -conductor cable in ducts, layout of
electrical systems and communication installation,
including proper position of trench depths and radius at
duct banks, location for man
holes, pull boxes, street lights and traffic signals.
Installation of underground ducts for electrical,telephone,
cable television and communication systems.
Pulling,termination and
splicing of traffic signal and street lighting conductors and
electrical systems including interconnect,detector loop,
fiber optic cable and video/cable.
TECHNICIAN:
Distribution of material at job site, manual excavation and
backfill, installation of system conduits and raceways for
electrical, telephone, cable television and communication
systems. Pulling, terminating and splicing of traffic signal
and street lighting conductors and electrical systems
including interconnect, detector loop, fiber optic cable
and video/data.
----------------------------------------------------------------
* ELEC0011-005 12/28/2020
Addendum 1, Appendix B, Page 4
COMMUNICATIONS & SYSTEMS WORK (excludes any work on Intelligent
Transportation Systems or CCTV highway systems)
Rates Fringes
Communications System
Installer ...................$ 41.52 30+14.33
Technician ..................$ 33.30 30+27.82
SCOPE OF WORK The work covered shall include the
installation, testing, service and maintenance, of the
following systems that utilize the transmission and/or
transference of voice, sound, vision and digital for
commercial, education, security and entertainment purposes
for TV monitoring and surveillance, background foreground
music, intercom and telephone interconnect, inventory
control systems, microwave transmission, multi -media,
multiplex, nurse call system, radio page, school intercom
and sound, burglar alarms and low voltage master clock
systems.
A. Communication systems that transmit or receive information
and/or control systems that are intrinsic to the above
listed systems SCADA (Supervisory control/data acquisition
PCM (Pulse code modulation) Inventory control systems
Digital data systems Broadband & baseband and carriers
Point of sale systems VSAT data systems Data communication
systems RF and remote control systems Fiber optic data
systems
B. Sound and Voice Transmission/Transference Systems
Background -Foreground Music Intercom and Telephone
Interconnect Systems Sound and Musical Entertainment
Systems Nurse Call Systems Radio Page Systems School
Intercom and Sound Systems Burglar Alarm Systems
Low -Voltage Master Clock Systems Multi-Media/Multiplex
Systems Telephone Systems RF Systems and Antennas and Wave
Guide
C. *Fire Alarm Systems -installation, wire pulling and
testing.
D. Television and Video Systems Television Monitoring and
Surveillance Systems Video Security Systems Video
Entertainment Systems Video Educational Systems CATV and
CCTV
E. Security Systems, Perimeter Security Systems, Vibration
Sensor Systems
Sonar/Infrared Monitoring Equipment, Access Control Systems,
Card Access Systems
*Fire Alarm Systems
1. Fire Alarms -In Raceways: Wire and cable pulling in
raceways performed at the current electrician wage rate and
fringe benefits.
Addendum 1, Appendix B, Page 5
2. Fire Alarms -Open Wire Systems: installed by the Technician.
----------------------------------------
ELEC1245-001 06/01/2021
Rates
LINE CONSTRUCTION
(1) Lineman; Cable splicer..$
60.19
(2) Equipment specialist
(operates crawler
tractors, commercial motor
vehicles, backhoes,
trenchers, cranes (50 tons
and below), overhead &
underground distribution
line equipment) ...........
$ 48.08
(3) Groundman...............$
36.76
(4) Powderman...............$
51.87
Fringes
21.94
20.73
20.33
18.79
HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day,
Independence Day, Labor Day, Veterans Day, Thanksgiving Day
and day after Thanksgiving, Christmas Day
----------------------------------------------------------------
ELEV0018-001 01/01/2021
Rates Fringes
ELEVATOR MECHANIC ................$ 59.32 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 Year's Day, Memorial Day, Independence
Day, Labor Day, Veterans' Day, Thanksgiving Day, Friday
after Thanksgiving, and Christmas Day.
----------------------------------------
ENG10012-003 07/01/2020
OPERATOR:
(All Other
GROUP
GROUP
GROUP
GROUP
GROUP
GROUP
GROUP
GROUP
GROUP
GROUP
GROUP
Rates
Power Equipment
Work)
1....................$ 48.25
2....................$ 49.03
3....................$ 49.32
4....................$ 50.81
5....................$ 48.96
6....................$ 51.03
8....................$ 51.14
9....................$ 49.29
10....................$ 51.26
11....................$ 49.41
12....................$ 51.43
Fringes
27.20
27.20
27.20
27.20
25.25
27.20
27.20
25.25
27.20
25.25
27.20
Addendum 1, Appendix B, Page 6
GROUP
13
....................$
51.53
27.20
GROUP
14
....................$
51.56
27.20
GROUP
15
....................$
51.64
27.20
GROUP
16
....................$
51.76
27.20
GROUP
17
....................$
51.93
27.20
GROUP
18
....................$
52.03
27.20
GROUP
19
....................$
52.14
27.20
GROUP
20
....................$
52.26
27.20
GROUP
21
....................$
52.43
27.20
GROUP
22
....................$
52.53
27.20
GROUP
23
....................$
52.64
27.20
GROUP
24
....................$
52.76
27.20
GROUP
25
....................$
52.93
27.20
OPERATOR:
Power
Equipment
(Cranes, Piledriving
&
Hoisting)
GROUP
1
....................$
49.60
27.20
GROUP
2
....................$
50.38
27.20
GROUP
3
....................$
50.67
27.20
GROUP
4
....................$
50.81
27.20
GROUP
5
....................$
51.03
27.20
GROUP
6
....................$
51.14
27.20
GROUP
7
....................$
51.26
27.20
GROUP
8
....................$
51.43
27.20
GROUP
9
....................$
51.60
27.20
GROUP
10
....................$
52.60
27.20
GROUP
11
....................$
53.60
27.20
GROUP
12
....................$
54.60
27.20
GROUP
13
....................$
55.60
27.20
OPERATOR:
Power
Equipment
(Tunnel Work)
GROUP
1
....................$
50.10
27.20
GROUP
2
....................$
50.88
27.20
GROUP
3
....................$
51.17
27.20
GROUP
4
....................$
51.31
27.20
GROUP
5
....................$
51.53
27.20
GROUP
6
....................$
51.64
27.20
GROUP
7
....................$
51.76
27.20
PREMIUM PAY:
$3.75 per hour shall be paid on all Power Equipment Operator
work on the £ollowng Military Bases: China Lake Naval
Reserve, Vandenberg AFB, Point Arguello, Seely Naval Base,
Fort Irwin, Nebo Annex Marine Base, Marine Corp Logistics
Base Yermo, Edwards AFB, 29 Palms Marine Base and Camp
Pendleton
Workers required to suit up and work in a hazardous material
environment: $2.00 per hour additional. Combination mixer
and compressor operator on gunite work shall be classified
as a concrete mobile mixer operator.
SEE ZONE DEFINITIONS AFTER CLASSIFICATIONS
POWER EQUIPMENT OPERATORS CLASSIFICATIONS
GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch
Addendum 1, Appendix B, Page 7
Project No. 21035
wages paid to each journeyman, apprentice, worker, or other employee employed by Contractor or any
subcontractor in connection with this Agreement. Each payroll record shall contain or be verified by a
written declaration that it is made under penalty of perjury, stating both of the following: (1) The
information contained in the payroll record is true and correct; and (2) The employer has complied with
the requirements of Sections 1771, 1881, and 1815 of the Labor Code for any work performed by his or
her employees on this Project. The payroll records shall be certified and shall be available for inspection
at all reasonable hours in accordance with the requirements of Labor Code Section 1776.
(f) Registration with DIR. Contractor and any subcontractor(s) of Contractor shall comply
with the provisions of Labor Code Section 1771 and Labor Code Section 1725.5 requiring registration
with the DIR.
(g) Davis -Bacon and Related Acts. Notwithstanding the foregoing provisions, this Project is
funded in whole or in part with Community Development Block Grant (CDBG) funds provided by the
U.S. Department of Housing and Urban Development (HUD). Federal Labor Standards Provisions,
including prevailing wage requirements of the Davis -Bacon and Related Acts will be enforced.
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall
be compensated as specified herein, but not exceeding the maximum contract amount of Two Hundred
One Thousand Two Hundred Fifty -Eight Dollars and Forty -Three Cents ($201,258.43) (herein "Contract
Sum"), except as provided in Section 1.8 (Additional Services). The Contract Sum shall include the
attendance of Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall
not be entitled to any additional compensation for attending said meetings.
2.2 Progress Payments. Prior to the first day of the month, during the progress of the work,
commencing on the day and month specified in the Agreement, Contractor shall submit to the Contract
Officer a complete itemized statement of all labor and materials incorporated into the work during the
preceding month and the portion of the Contract Sum applicable thereto. Upon approval in writing by
the Contract Officer, payment shall be made within thirty (30) days. City shall pay Contractor a sum
based upon ninety five percent (95%) of the Contract Sum apportionment of the labor and materials
incorporated into the work under the Agreement during the month covered by said statement. The
remaining five percent (5%) of the Contract Sum shall be retained as performance security as detailed
in Section 2.3 (Retention of Funds).
2.3 Retention of Funds. Progress payments shall be made in accordance with the provisions
of Section 2.2 (Progress Payments) of this Agreement. In accordance with said section, City will retain
five percent (5%) of the Contract Sum apportionment from each progress payment as performance
security to be paid to the Contractor within sixty (60) days after final acceptance of the work by the
City Council, after Contractor furnishes City with a release of all undisputed contract amounts if
required by City. If there are any claims specifically excluded by Contractor from the operation of the
release, the City may retain proceeds as authorized by Public Contract Code Section 7107 of up to
150% of the amount in dispute. City's failure to deduct or withhold shall not affect Contractor's
obligations hereunder. To the extent consistent with Public Contract Code Section 22300, Contractor
may request and City shall make payment of retentions earned directly to an escrow agent at the expense
of Contractor, and may direct the investment of the payments into securities and Contractor shall
Rev. 01-2021
Witch, with seat or similar type equipment; Elevator
operator -inside; Engineer Oiler; Forklift operator
(includes loed, lull or similar types under 5 tons;
Generator operator; Generator, pump or compressor plant
operator; Pump operator; Signalman; Switchman
GROUP 2: Asphalt -rubber plant operator (nurse tank operator);
Concrete mixer operator -skip type; Conveyor operator;
Fireman; Forklift operator (includes loed, lull or similar
types over 5 tons; Hydrostatic pump operator; oiler crusher
(asphalt or concrete plant); Petromat laydown machine; PJU
side dum jack; Screening and conveyor machine operator (or
similar types); Skiploader (wheel type up to 3/4 yd.
without attachment); Tar pot fireman; Temporary heating
plant operator; Trenching machine oiler
GROUP 3: Asphalt -rubber blend operator; Bobcat or similar
type (Skid steer); Equipment greaser (rack); Ford Ferguson
(with dragtype attachments); Helicopter radioman (ground);
Stationary pipe wrapping and cleaning machine operator
GROUP 4: Asphalt plant fireman; Backhoe operator (mini -max or
similar type); Boring machine operator; Boxman or mixerman
(asphalt or concrete); Chip spreading machine operator;
Concrete cleaning decontamination machine operator;
Concrete Pump Operator (small portable); Drilling machine
operator, small auger types (Texoma super economatic or
similar types - Hughes 100 or 200 or similar types -
drilling depth of 30' maximum); Equipment greaser (grease
truck); Guard rail post driver operator; Highline cableway
signalman; Hydra-hammer-aero stomper; Micro Tunneling
(above ground tunnel); Power concrete curing machine
operator; Power concrete saw operator; Power -driven jumbo
form setter operator; Power sweeper operator; Rock Wheel
Saw/Trencher; Roller operator (compacting); Screed operator
(asphalt or concrete); Trenching machine operator (up to 6
£t.); Vacuum or much truck
GROUP 5: Equipment Greaser (Grease Truck/Multi Shift).
GROUP 6: Articulating material hauler; Asphalt plant
engineer; Batch plant operator; Bit sharpener; Concrete
joint machine operator (canal and similar type); Concrete
planer operator; Dandy digger; Deck engine operator;
Derrickman (oilfield type); Drilling machine operator,
bucket or auger types (Calweld 100 bucket or similar types
- Watson 1000 auger or similar types - Texoma 330, 500 or
600 auger or similar types - drilling depth of 45'
maximum); Drilling machine operator; Hydrographic seeder
machine operator (straw, pulp or seed), Jackson track
maintainer, or similar type; Kalamazoo Switch tamper, or
similar type; Machine tool operator; Maginnis internal full
slab vibrator, Mechanical berm, curb or gutter(concrete or
asphalt); Mechanical finisher operator (concrete,
Clary -Johnson -Bidwell or similar); Micro tunnel system
(below ground); Pavement breaker operator (truck mounted);
Road oil mixing machine operator; Roller operator (asphalt
Addendum 1, Appendix B, Page 8
or finish), rubber -tired earth moving equipment (single
engine, up to and including 25 yds. struck); Self-propelled
tar pipelining machine operator; Skiploader operator
(crawler and wheel type, over 3/4 yd. and up to and
including 1-1/2 yds.); Slip form pump operator (power
driven hydraulic lifting device for concrete forms);
Tractor operator -bulldozer, tamper -scraper (single engine,
up to 100 h.p. flywheel and similar types, up to and
including D-5 and similar types); Tugger hoist operator (1
drum); Ultra high pressure waterjet cutting tool system
operator; Vacuum blasting machine operator
GROUP 8: Asphalt or concrete spreading operator (tamping or
finishing); Asphalt paving machine operator (Barber Greene
or similar type); Asphalt -rubber distribution operator;
Backhoe operator (up to and including 3/4 yd.), small ford,
Case or similar; Cast -in -place pipe laying machine
operator; Combination mixer and compressor operator (gunite
work); Compactor operator (self-propelled); Concrete mixer
operator (paving); Crushing plant operator; Drill Doctor;
Drilling machine operator, Bucket or auger types (Calweld
150 bucket or similar types - Watson 1500, 2000 2500 auger
or similar types - Texoma 700, 800 auger or similar types -
drilling depth of 60' maximum); Elevating grader operator;
Grade checker; Gradall operator; Grouting machine operator;
Heavy-duty repairman; Heavy equipment robotics operator;
Kalamazoo balliste regulator or similar type; Kolman belt
loader and similar type; Le Tourneau blob compactor or
similar type; Loader operator (Athey, Euclid, Sierra and
similar types); Mobark Chipper or similar; Ozzie padder or
similar types; P.C. slot saw; Pneumatic concrete placing
machine operator (Hackley-Presswell or similar type);
Pumperete gun operator; Rock Drill or similar types; Rotary
drill operator (excluding caisson type); Rubber -tired
earth -moving equipment operator (single engine,
caterpillar, Euclid, Athey Wagon and similar types with any
and all attachments over 25 yds. up to and including 50 cu.
yds. struck); Rubber -tired earth -moving equipment operator
(multiple engine up to and including 25 yds. struck);
Rubber -tired scraper operator (self -loading paddle wheel
type -John Deere, 1040 and similar single unit); Self-
propelled curb and gutter machine operator; Shuttle buggy;
Skiploader operator (crawler and wheel type over 1-1/2 yds.
up to and including 6-1/2 yds.); Soil remediation plant
operator; Surface heaters and planer operator; Tractor
compressor drill combination operator; Tractor operator
(any type larger than D-5 - 100 flywheel h.p. and over, or
similar -bulldozer, tamper, scraper and push tractor single
engine); Tractor operator (boom attachments), Traveling
pipe wrapping, cleaning and bendng machine operator;
Trenching machine operator (over 6 ft. depth capacity,
manufacturer's rating); trenching Machine with Road Miner
attachment (over 6 ft depth capacity): Ultra high pressure
waterjet cutting tool system mechanic; Water pull
(compaction) operator
GROUP 9: Heavy Duty Repairman
Addendum 1, Appendix B, Page 9
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)
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
Addendum 1, Appendix B, Page 10
operator, operating equipment with push-pull system
(multiple engine, Euclid, Caterpillar and similar, over 25
yds. and up to 50 yds. struck)
GROUP 17: Rubber -tired earth -moving equipment operator,
operating equipment with push-pull system (multiple engine,
Euclid, Caterpillar and similar, over 50 cu. yds. struck);
Tandem tractor operator (operating crawler type tractors in
tandem - Quad 9 and similar type)
GROUP 18: Rubber -tired earth -moving equipment operator,
operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
single engine, up to and including 25 yds. struck)
GROUP 19: Rotex concrete belt operator (or similar types);
Rubber -tired earth -moving equipment operator, operating in
tandem (scrapers, belly dumps and similar types in any
combination, excluding compaction units - single engine,
Caterpillar, Euclid, Athey Wagon and similar types with any
and all attachments over 25 yds.and up to and including 50
cu. yds. struck); Rubber -tired earth -moving equipment
operator, operating in tandem (scrapers, belly dumps and
similar types in any combination, excluding compaction
units - multiple engine, up to and including 25 yds. struck)
GROUP 20: Rubber -tired earth -moving equipment operator,
operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
single engine, over 50 yds. struck); Rubber -tired
earth -moving equipment operator, operating in tandem
(scrapers, belly dumps, and similar types in any
combination, excluding compaction units - multiple engine,
Euclid, Caterpillar and similar, over 25 yds. and up to 50
yds. struck)
GROUP 21: Rubber -tired earth -moving equipment operator,
operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
multiple engine, Euclid, Caterpillar and similar type, over
50 cu. yds. struck)
GROUP 22: Rubber -tired earth -moving equipment operator,
operating equipment with the tandem push-pull system
(single engine, up to and including 25 yds. struck)
GROUP 23: Rubber -tired earth -moving equipment operator,
operating equipment with the tandem push-pull system
(single engine, Caterpillar, Euclid, Athey Wagon and
similar types with any and all attachments over 25 yds. and
up to and including 50 yds. struck); Rubber -tired
earth -moving equipment operator, operating with the tandem
push-pull system (multiple engine, up to and including 25
yds. struck)
GROUP 24: Rubber -tired earth -moving equipment operator,
operating equipment with the tandem push-pull system
Addendum 1, Appendix B, Page 11
(single engine, over 50 yds. struck); Rubber -tired
earth -moving equipment operator, operating equipment with
the tandem push-pull system (multiple engine, Euclid,
Caterpillar and similar, over 25 yds. and up to 50 yds.
struck)
GROUP 25: Concrete pump operator -truck mounted; Rubber -tired
earth -moving equipment operator, operating equipment with
the tandem push-pull system (multiple engine, Euclid,
Caterpillar and similar type, over 50 cu. yds. struck)
CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS
GROUP 1: Engineer oiler; Fork lift operator (includes loed,
lull or similar types)
GROUP 2: Truck crane oiler
GROUP 3: A -frame or winch truck operator; Ross carrier
operator (jobsite)
GROUP 4: Bridge -type unloader and turntable operator;
Helicopter hoist operator
GROUP 5: Hydraulic boom truck; Stinger crane (Austin -Western
or similar type); Tugger hoist operator (1 drum)
GROUP 6: Bridge crane operator; Cretor crane operator; Hoist
operator (Chicago boom and similar type); Lift mobile
operator; Lift slab machine operator (Vagtborg and similar
types); Material hoist and/or manlift operator; Polar
gantry crane operator; Self Climbing scaffold (or similar
type); Shovel, backhoe, dragline, clamshell operator (over
3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator
GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline,
clamshell operator (over 5 cu. yds. mrc); Tower crane
repair; Tugger hoist operator (3 drum)
GROUP 8: Crane operator (up to and including 25 ton
capacity); Crawler transporter operator; Derrick barge
operator (up to and including 25 ton capacity); Hoist
operator, stiff legs, Guy derrick or similar type (up to
and including 25 ton capacity); Shovel, backhoe, dragline,
clamshell operator (over 7 cu. yds., M.R.C.)
GROUP 9: Crane operator (over 25 tons and up to and including
50 tons mrc); Derrick barge operator (over 25 tons up to
and including 50 tons mrc); Highline cableway operator;
Hoist operator, stiff legs, Guy derrick or similar type
(over 25 tons up to and including 50 tons mrc); K-crane
operator; Polar crane operator; Self erecting tower crane
operator maximum lifting capacity ten tons
GROUP 10: Crane operator (over 50 tons and up to and
including 100 tons mrc); Derrick barge operator (over 50
tons up to and including 100 tons mrc); Hoist operator,
Addendum 1, Appendix B, Page 12
stiff legs, Guy derrick or similar type (over 50 tons up to
and including 100 tons mrc), Mobile tower crane operator
(over 50 tons, up to and including 100 tons M.R.C.); Tower
crane operator and tower gantry
GROUP 11: Crane operator (over 100 tons and up to and
including 200 tons mrc); Derrick barge operator (over 100
tons up to and including 200 tons mrc); Hoist operator,
stiff legs, Guy derrick or similar type (over 100 tons up
to and including 200 tons mrc); Mobile tower crane operator
(over 100 tons up to and including 200 tons mrc)
GROUP 12: Crane operator (over 200 tons up to and including
300 tons mrc); Derrick barge operator (over 200 tons up to
and including 300 tons mrc); Hoist operator, stiff legs,
Guy derrick or similar type (over 200 tons, up to and
including 300 tons mrc); Mobile tower crane operator (over
200 tons, up to and including 300 tons mrc)
GROUP 13: Crane operator (over 300 tons); Derrick barge
operator (over 300 tons); Helicopter pilot; Hoist operator,
stiff legs, Guy derrick or similar type (over 300 tons);
Mobile tower crane operator (over 300 tons)
TUNNEL CLASSIFICATIONS
GROUP 1: Skiploader (wheel type up to 3/4 yd. without
attachment)
GROUP 2: Power -driven jumbo form setter operator
GROUP 3: Dinkey locomotive or motorperson (up to and
including 10 tons)
GROUP 4: Bit sharpener; Equipment greaser (grease truck);
Slip form pump operator (power -driven hydraulic lifting
device for concrete forms); Tugger hoist operator (1 drum);
Tunnel locomotive operator (over 10 and up to and including
30 tons)
GROUP 5: Backhoe operator (up to and including 3/4 yd.);
Small Ford, Case or similar; Drill doctor; Grouting machine
operator; Heading shield operator; Heavy-duty repairperson;
Loader operator (Athey, Euclid, Sierra and similar types);
Mucking machine operator (1/4 yd., rubber -tired, rail or
track type); Pneumatic concrete placing machine operator
(Hackley-Presswell or similar type); Pneumatic heading
shield (tunnel); Pumperete gun operator; Tractor compressor
drill combination operator; Tugger hoist operator (2 drum);
Tunnel locomotive operator (over 30 tons)
GROUP 6: Heavy Duty Repairman
GROUP 7: Tunnel mole boring machine operator
ENGINEERS ZONES
Addendum 1, Appendix B, Page 13
$1.00 additional per hour for all of IMPERIAL County and the
portions of KERN, RIVERSIDE & SAN BERNARDINO Counties as
defined below:
That area within the following Boundary: Begin in San
Bernardino County, approximately 3 miles NE of the intersection
of I-15 and the California State line at that point which is
the NW corner of Section 1, T17N,m R14E, San Bernardino
Meridian. Continue W in a straight line to that point which is
the SW corner of the northwest quarter of Section 6, T27S,
R42E, Mt. Diablo Meridian. Continue North to the intersection
with the Inyo County Boundary at that point which is the NE
corner of the western half of the northern quarter of Section
6, T25S, R42E, MDM. Continue W along the Inyo and San
Bernardino County boundary until the intersection with Kern
County, as that point which is the BE corner of Section 34,
T24S, R40E, MDM. Continue W along the Inyo and Kern County
boundary until the intersection with Tulare County, at that
point which is the SW corner of the BE quarter of Section 32,
T24S, R37E, MDM. Continue W along the Kern and Tulare County
boundary, until that point which is the NW corner of T25S,
R32E, MDM. Continue S following R32E lines to the NW corner of
T31S, R32E, MDM. Continue W to the NW corner of T31S, R31E,
MDM. Continue S to the SW corner of T32S, R31E, MDM. Continue
W to SW corner of BE quarter of Section 34, T32S, R30E, MDM.
Continue S to SW corner of T11N, R17W, SBM. Continue E along
south boundary of T11N, SBM to SW corner of T11N, R7W, SBM.
Continue S to SW corner of T9N, R7W, SBM. Continue E along
south boundary of T9N, SBM to SW corner of T9N, R1E, SBM.
Continue S along west boundary of R1E, SMB to Riverside County
line at the SW corner of T1S, R1E, SBM. Continue E along south
boundary of Tls, SBM (Riverside County Line) to SW corner of
T1S, R10E, SBM. Continue S along west boundary of R10E, SBM to
Imperial County line at the SW corner of TBS, R10E, SBM.
Continue W along Imperial and Riverside county line to NW
corner of T9S, R9E, SBM. Continue S along the boundary between
Imperial and San Diego Counties, along the west edge of R9E,
SBM to the south boundary of Imperial County/California state
line. Follow the California state line west to Arizona state
line, then north to Nevada state line, then continuing NW back
to start at the point which is the NW corner of Section 1,
T17N, R14E, SBM
$1.00 additional per hour for portions of SAN LUIS OBISPO,
KERN, SANTA BARBARA & VENTURA as defined below:
That area within the following Boundary: Begin approximately 5
miles north of the community of Cholame, on the Monterey County
and San Luis Obispo County boundary at the NW corner of T25S,
R16E, Mt. Diablo Meridian. Continue south along the west side
of R16E to the SW corner of T30S, R16E, MDM. Continue E to SW
corner of T30S, R17E, MDM. Continue S to SW corner of T31S,
R17E, MDM. Continue E to SW corner of T31S, R18E, MDM.
Continue S along West side of R18E, MDM as it crosses into San
Bernardino Meridian numbering area and becomes R30W. Follow
the west side of R30W, SBM to the SW corner of T9N, R30W, SBM.
Continue E along the south edge of T9N, SBM to the Santa
Addendum 1, Appendix B, Page 14
Barbara County and Ventura County boundary at that point whch
is the SW corner of Section 34.T9N, R24W, SBM, continue S along
the Ventura County line to that point which is the SW corner of
the SE quarter of Section 32, T7N, R24W, SBM. Continue E
along the south edge of T7N, SBM to the SE corner to T7N, R21W,
SBM. Continue N along East side of R21W, SBM to Ventura County
and Kern County boundary at the NE corner of TBN, R21W.
Continue W along the Ventura County and Kern County boundary to
the SE corner of T9N, R21W. Continue North along the East edge
of R21W, SBM to the NE corner of T12N, R21W, SBM. Continue
West along the north edge of T12N, SBM to the SE corner of
T32S, R21E, MDM. [T12N SBM is a think strip between T11N SBM
and T32S MDM]. Continue North along the East side of R21E. MDM
to the Kings County and Kern County border at the NE corner of
T25S, R21E, MDM, continue West along the Kings County and Kern
County Boundary until the intersection of San Luis Obispo
County. Continue west along the Kings County and San Luis
Obispo County boundary until the intersection with Monterey
County. Continue West along the Monterey County and San Luis
Obispo County boundary to the beginning point at the NW corner
of T25S, R16E, MDM.
$2.00 additional per hour for INYO and MONO Counties and the
Northern portion of SAN BERNARDINO County as defined below:
That area within the following Boundary: Begin at the
intersection of the northern boundary of Mono County and the
California state line at the point which is the center of
Section 17, T10N, R22E, Mt. Diablo Meridian. Continue S then
SE along the entire western boundary of Mono County, until it
reaches Inyo County at the point which is the NE corner of the
Western half of the NW quarter of Section 2, TBS, R29E, MDM.
Continue SSE along the entire western boundary of Inyo County,
until the intersection with Kern County at the point which is
the SW corner of the SE 1/4 of Section 32, T24S, R37E, MDM.
Continue E along the Inyo and Kern County boundary until the
intersection with San Bernardino County at that point which is
the SE corner of section 34, T24S, R40E, MDM. Continue E along
the Inyo and San Bernardino County boundary until the point
which is the NE corner of the Western half of the NW quarter of
Section 6, T25S, R42E, MDM. Continue S to that point which is
the SW corner of the NW quarter of Section 6, T27S, R42E, MDM.
Continue E in a straight line to the California and Nevada
state border at the point which is the NW corner of Section 1,
T17N, R14E, San Bernardino Meridian. Then continue NW along
the state line to the starting point, which is the center of
Section 18, T10N, R22E, MDM.
REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE
----------------------------------------------------------------
ENG10012-004 08/01/2020
Rates Fringes
Addendum 1, Appendix B, Page 15
OPERATOR: Power Equipment
(DREDGING)
(1) Leverman................$
56.40
(2) Dredge dozer ............
$ 50.43
(3) Deckmate................$
50.32
(4) Winch operator (stern
winch on dredge) ............
$ 49.77
(5) Fireman -Oiler,
Deckhand, Bargeman,
Leveehand...................$
49.23
(6) Barge Mate ..............$
49.84
IRON0433-006 07/01/2020
Rates
IRONWORKER
Fence Erector ...............$ 34.58
Ornamental, Reinforcing
and Structural ..............$ 41.00
PREMIUM PAY:
30.00
30.00
30.00
30.00
30.00
30.00
Fringes
24.81
33.45
$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
$2.00 additional per hour at the following locations:
Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock
----------------------------------------------------------------
LABO0300-001 07/01/2020
Rates Fringes
Brick Tender .....................$ 34.00 19.77
----------------------------------------------------------------
LABO0300-003 07/01/2020
Rates
LABORER (TUNNEL)
GROUP 1.....................$ 42.54
GROUP 2.....................$ 42.86
Fringes
21.04
21.04
Addendum 1, Appendix B, Page 16
GROUP 3.....................$
GROUP 4.....................$
LABORER
GROUP 1.....................$
GROUP 2.....................$
GROUP 3.....................$
GROUP 4.....................$
GROUP 5.....................$
LABORER CLASSIFICATIONS
43.32
44.01
21.04
21.04
36.39
21.04
36.94
21.04
37.49
21.04
39.04
21.04
39.39
21.04
GROUP 1: Cleaning and handling of panel forms; Concrete
screeding for rough strike -off; Concrete, water curing;
Demolition laborer, the cleaning of brick if performed by a
worker performing any other phase of demolition work, and
the cleaning of lumber; Fire watcher, limber, brush loader,
piler and debris handler; Flag person; Gas, oil and/or
water pipeline laborer; Laborer, asphalt -rubber material
loader; Laborer, general or construction; Laborer, general
clean-up; Laborer, landscaping; Laborer, jetting; Laborer,
temporary water and air lines; Material hose operator
(walls, slabs, floors and decks); Plugging, filling of shee
bolt holes; Dry packing of concrete; Railroad maintenance,
repair track person and road beds; Streetcar and railroad
construction track laborers; Rigging and signaling; Scaler;
Slip form raiser; Tar and mortar; Tool crib or tool house
laborer; Traffic control by any method; Window cleaner;
Wire mesh pulling - all concrete pouring operations
GROUP 2: Asphalt shoveler; Cement dumper (on 1 yd. or larger
mixer and handling bulk cement); Cesspool digger and
installer; Chucktender; Chute handler, pouring concrete,
the handling of the chute from readymix trucks, such as
walls, slabs, decks, floors, foundation, footings, curbs,
gutters and sidewalks; Concrete curer, impervious membrane
and form oiler; Cutting torch operator (demolition); Fine
grader, highways and street paving, airport, runways and
similar type heavy construction; Gas, oil and/or water
pipeline wrapper - pot tender and form person; Guinea
chaser; Headerboard person - asphalt; Laborer, packing rod
steel and pans; Membrane vapor barrier installer; Power
broom sweeper (small); Riprap stonepaver, placing stone or
wet sacked concrete; Roto scraper and tiller; Sandblaster
(pot tender); Septic tank digger and installer(lead); Tank
scaler and cleaner; Tree climber, faller, chain saw
operator, Pittsburgh chipper and similar type brush
shredder; Underground laborer, including caisson bellower
GROUP 3: Buggymobile person; Concrete cutting torch; Concrete
pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or
longer; Dri-pak-it machine; Gas, oil and/or water pipeline
wrapper, 6-in, pipe and over, by any method, inside and
out; High scaler (including drilling of same); Hydro seeder
and similar type; Impact wrench multi -plate; Kettle person,
pot person and workers applying asphalt, lay-kold,
creosote, lime caustic and similar type materials
(""applying"" means applying, dipping, brushing or handling
Addendum 1, Appendix B, Page 17
Project No. 21035
receive the interest earned on the investments upon the same terms provided for in Public Contract
Code Section 22300 for securities deposited by Contractor. Upon satisfactory completion of this
Agreement, Contractor shall receive from the escrow agent all securities, interest, and payments
received by the escrow agent from the City.
3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance. Contractor shall commence the services pursuant to this
Agreement upon receipt of a written notice to proceed and shall complete all services within forty (40)
working days. Contractor shall submit for the Contract Officer's approval its proposed Construction
Schedule. Contractor shall perform the services in accordance with the approved Construction Schedule.
When requested by the Contractor, extensions to the time period(s) specified in the Construction Schedule
may be approved in writing by the Contract Officer.
3.3 Force Majeure. The time period(s) specified in the Construction Schedule for
performance of the services rendered pursuant to this Agreement shall be extended to the extent caused by
delays due to unforeseeable causes beyond the control and without the fault or negligence of the
Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather,
fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars,
litigation, and/or acts of any governmental agency other than the City, if the Contractor within ten (10)
days of the commencement of such delay notifies the Contract Officer in writing of the causes for the
delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for
performing the services for the period of the enforced delay when and if in the judgment of the Contract
Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the
parties to this Agreement. Contractor shall not be entitled to any damages or increase in compensation due
to force majeure.
3.4 Term. Unless earlier terminated as set forth herein, this Agreement shall continue in full
force and effect until final approval and acceptance of the project by the City.
4.0 COORDINATION OF WORK
4.1 Representative of Contractor. The following principal(s) of Contractor are hereby
designated as being the principal(s) and representative(s) of Contractor authorized to act in its behalf with
respect to the work specified herein and make all decisions in connection therewith:
Chase Jaynes, President
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing principal(s) were a substantial inducement for City to enter into this Agreement. Therefore, the
foregoing principal(s) 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 principal(s) may not be replaced nor may their responsibilities be
substantially reduced by Contractor without the express written approval of City.
5
Rev. 01-2021
of such materials for pipe wrapping and waterproofing);
Operator of pneumatic, gas, electric tools, vibrating
machine, pavement breaker, air blasting, come-alongs, and
similar mechanical tools not separately classified herein;
Pipelayer's backup person, coating, grouting, making of
joints, sealing, caulking, diapering and including rubber
gasket joints, pointing and any and all other services;
Rock Slinger; Rotary scarifier or multiple head concrete
chipping scarifier; Steel headerboard and guideline setter;
Tamper, Barko, Wacker and similar type; Trenching machine,
hand -propelled
GROUP 4: Asphalt raker, lute person, ironer, asphalt dump
person, and asphalt spreader boxes (all types); Concrete
core cutter (walls, floors or ceilings), grinder or sander;
Concrete saw person, cutting walls or flat work, scoring
old or new concrete; Cribber, shorer, lagging, sheeting and
trench bracing, hand -guided lagging hammer; Head rock
Slinger; Laborer, asphalt- rubber distributor boot person;
Laser beam in connection with laborers' work; Oversize
concrete vibrator operator, 70 lbs. and over; Pipelayer
performing all services in the laying and installation of
pipe from the point of receiving pipe in the ditch until
completion of operation, including any and all forms of
tubular material, whether pipe, metallic or non-metallic,
conduit and any other stationary type of tubular device
used for the conveying of any substance or element, whether
water, sewage, solid gas, air, or other product whatsoever
and without regard to the nature of material from which the
tubular material is fabricated; No -joint pipe and stripping
of same; Prefabricated manhole installer; Sandblaster
(nozzle person), water blasting, Porta Shot -Blast
GROUP 5: Blaster powder, all work of loading holes, placing
and blasting of all powder and explosives of whatever type,
regardless of method used for such loading and placing;
Driller: All power drills, excluding jackhammer, whether
core, diamond, wagon, track, multiple unit, and any and all
other types of mechanical drills without regard to the form
of motive power; Toxic waste removal
TUNNEL LABORER CLASSIFICATIONS
GROUP 1: Batch plant laborer; Changehouse person; Dump
person; Dump person (outside); Swamper (brake person and
switch person on tunnel work); Tunnel materials handling
person; Nipper; Pot tender, using mastic or other materials
(for example, but not by way of limitation, shotcrete, etc.)
GROUP 2: Chucktender, cabletender; Loading and unloading
agitator cars;; Vibrator person, jack hammer, pneumatic
tools (except driller); Bull gang mucker, track person;
Concrete crew, including rodder and spreader
GROUP 3: Blaster, driller, powder person; Chemical grout jet
person; Cherry picker person; Grout gun person; Grout mixer
person; Grout pump person; Jackleg miner; Jumbo person;
Addendum 1, Appendix B, Page 18
Kemper and other pneumatic concrete placer operator; Miner,
tunnel (hand or machine); Nozzle person; Operating of
troweling and/or grouting machines; Powder person (primer
house); Primer person; Sandblaster; Shotcrete person; Steel
form raiser and setter; Timber person, retimber person,
wood or steel; Tunnel Concrete finisher
GROUP 4: Diamond driller; Sandblaster; Shaft and raise work
LAB00300-005 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, encapsulation, enclosure and
disposal of asbestos- containing materials and toxic waste
by hand or with equipment or machinery; scaffolding,
fabrication of temporary wooden barriers and assembly of
decontamination stations.
----------------------------------------------------------------
* LAB00345-001 07/01/2021
Rates Fringes
LABORER (GUNITE)
GROUP 1.....................$ 46.50 20.42
GROUP 2.....................$ 45.55 20.42
GROUP 3.....................$ 42.01 20.42
FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a
Bosn'n's Chair or suspended from a rope or cable shall
receive 40 cents per hour above the foregoing applicable
classification rates. Workers doing gunite and/or
shotcrete work in a tunnel shall receive 35 cents per hour
above the foregoing applicable classification rates, paid
on a portal-to-portal basis. Any work performed on, in or
above any smoke stack, silo, storage elevator or similar
type of structure, when such structure is in excess of
75'-0"" above base level and which work must be performed in
whole or in part more than 75'-0"" above base level, that
work performed above the 75'-0"" level shall be compensated
for at 35 cents per hour above the applicable
classification wage rate.
GUNITE LABORER CLASSIFICATIONS
GROUP 1: Rodmen, Nozzlemen
GROUP 2: Gunmen
GROUP 3: Reboundmen
Addendum 1, Appendix B, Page 19
----------------------------------------------------------
LABO1184-001 07/01/2020
Rates Fringes
Laborers: (HORIZONTAL
DIRECTIONAL DRILLING)
(1) Drilling Crew Laborer ...
$ 37.85
15.99
(2) Vehicle Operator/Hauler.$
38.02
15.99
(3) Horizontal Directional
Drill Operator ..............$
39.87
15.99
(4) Electronic Tracking
Locator .....................$
41.87
15.99
Laborers: (STRIPING/SLURRY
SEAL)
GROUP 1.....................$
39.06
19.01
GROUP 2.....................$
40.36
19.01
GROUP 3.....................$
42.37
19.01
GROUP 4.....................$
44.11
19.01
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 therms plastic; tape traffic stripes and
markings, including traffic control; operation of all
related machinery and equipment
----------------------------------------------------------------
LABO1414-001 08/05/2020
Addendum 1, Appendix B, Page 20
Rates Fringes
LABORER
PLASTER CLEAN-UP LABORER .... $ 36.03 21.01
PLASTER TENDER ..............$ 38.58 21.01
Work on a swing stage scaffold: $1.00 per hour additional.
----------------------------------------------------------------
PAIN0036-001 07/01/2020
Rates Fringes
Painters: (Including Lead
Abatement)
(1) Repaint (excludes San
Diego County) ...............$ 29.59 17.12
(2) All Other Work .......... $ 33.12 17.24
REPAINT of any previously painted structure. Exceptions:
work involving the aerospace industry, breweries,
commercial recreational facilities, hotels which operate
commercial establishments as part of hotel service, and
sports facilities.
----------------------------------------------------------------
PAIN0036-006 10/01/2020
Rates Fringes
DRYWALL FINISHER/TAPER
Antelope Valley North of
the following Boundary:
Kern County Line to Hwy.
#5, South on Hwy. #5 to
Hwy. N2, East on N2 to
Palmdale Blvd., to Hwy.
#14, South to Hwy. #18,
East to Hwy. #395........... $ 39.05 20.92
Remainder of Los Angeles
County ......................$ 43.18 20.92
PAIN0036-015 01/01/2020
Rates Fringes
GLAZIER ..........................$ 43.45 23.39
FOOTNOTE: Additional $1.25 per hour for work in a condor,
from the third (3rd) floor and up Additional $1.25 per
hour for work on the outside of the building from a swing
stage or any suspended contrivance, from the ground up
----------------------------------------------------------------
PAIN1247-002 01/01/2021
Rates Fringes
Addendum 1, Appendix B, Page 21
SOFT FLOOR LAYER .................$ 38.75 14.03
----------------------------------------------------------------
PLAS0200-009 08/07/2019
Rates Fringes
PLASTERER ........................$ 43.73 16.03
----------------------------------------------------------------
PLAS0500-002 07/01/2020
Rates Fringes
CEMENT MASON/CONCRETE FINISHER ... $ 38.50 25.91
----------------------------------------------------------------
PLUM0016-001 09/01/2020
Rates
PLUMBER/PIPEFITTER
Work ONLY on new additions
and remodeling of bars,
restaurant, stores and
commercial buildings not
to exceed 5,000 sq. £t. of
floor space .................$
50.70
Work ONLY on strip malls,
light commercial, tenant
improvement and remodel
work ........................$
38.73
All other work except work
on new additions and
remodeling of bars,
restaurant, stores and
commercial buildings not
to exceed 5,000 sq. £t. of
floor space and work on
strip malls, light
commercial, tenant
improvement and remodel
work ........................$
52.28
PLUM0345-001 09/01/2020
Rates
PLUMBER
Landscape/Irrigation Fitter.$ 35.30
Sewer & Storm Drain Work .... $ 39.39
---------------------------------------------
ROOF0036-002 09/15/2020
Rates
ROOFER ...........................$ 40.77
Fringes
23.73
22.06
24.71
---------------
Fringes
24.10
21.48
---------------
Fringes
18.22
FOOTNOTE: Pitch premium: Work on which employees are exposed
to pitch fumes or required to handle pitch, pitch base or
Addendum 1, Appendix B, Page 22
pitch impregnated products, or any material containing coal
tar pitch, the entire roofing crew shall receive $1.75 per
hour ""pitch premium"' pay.
----------------------------
SFCA0669-013 01/01/2021
DOES NOT INCLUDE THE CITY OF POMONA, CATALINA ISLAND, AND THAT
PART OF LOS ANGELES COUNTY WITHIN 25 MILES OF THE CITY LIMITS
OF LOS ANGELES:
Rates Fringes
SPRINKLER FITTER .................$ 39.83 26.23
----------------------------------------------------------
SFCA0709-005 01/01/2021
THE CITY OF POMOMA, CATALINA ISLAND, AND THAT PART OF LOS
ANGELES COUNTY WITHIN 25 MILES OF THE CITY LIMITS OF LOS
ANGELES:
Rates Fringes
SPRINKLER FITTER (Fire) .......... $ 48.71 29.15
----------------------------------------------------------
SHEE0105-002 07/01/2021
LOS ANGELES (South of a straight line between Gorman and Big
Pines including Catalina Island)
Rates
SHEET METAL WORKER
(1) Light Commercial: Work
on general sheet metal and
heating and AC up to 4000
sq ft.......................$ 30.14
(2) Modernization :
Excluding New Construction
- Under 5000 sq. £t. Does
not include modification,
upgrades, energy
management, or
conservation improvements
of central heating and AC
equpment....................$ 27.47
----------------------------------------
SHEE0105-003 07/01/2021
Fringes
10.74
10.72
LOS ANGELES (South of a straight line drawn between Gorman and
Big Pines)and Catalina Island, INYO, KERN (Northeast part, East
of Hwy 395), MONO ORANGE, RIVERSIDE, AND SAN BERNARDINO COUNTIES
Addendum 1, Appendix B, Page 23
Rates Fringes
SHEET METAL WORKER
(1) Commercial - New
Construction and Remodel
work ........................$ 50.23 29.60
(2) Industrial work
including air pollution
control systems, noise
abatement, hand rails,
guard rails, excluding
aritechtural sheet metal
work, excluding A-C,
heating, ventilating
systems for human comfort ... $ 48.28 29.46
----------------------------------------------------------------
SHEE0105-004 07/01/2021
KERN (Excluding portion East of Hwy 395) & LOS ANGELES (North
of a straight line drawn between Gorman and Big Pines including
Cities of Lancaster and Palmdale) COUNTIES
Rates Fringes
SHEET METAL WORKER ...............$ 39.08 28.84
----------------------------------------------------------------
TEAM0011-002 07/01/2020
Rates Fringes
TRUCK DRIVER
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
....................$
34.12
30.59
GROUP
11
....................$
34.62
30.59
GROUP
12
....................$
35.05
30.59
WORK ON ALL MILITARY BASES:
PREMIUM PAY: $3.00 per hour additional.
[29 palms Marine Base, Camp Roberts, China Lake, Edwards AFB,
E1 Centro Naval Facility, Fort Irwin, Marine Corps
Logistics Base at Nebo & Yermo, Mountain Warfare Training
Center, Bridgeport, Point Arguello, Point Conception,
Vandenberg AFB]
TRUCK DRIVERS CLASSIFICATIONS
Addendum 1, Appendix B, Page 24
GROUP 1: Truck driver
GROUP 2: Driver of vehicle or combination of vehicles - 2
axles; Traffic control pilot car excluding moving heavy
equipment permit load; Truck mounted broom
GROUP 3: Driver of vehicle or combination of vehicles - 3
axles; Boot person; Cement mason distribution truck; Fuel
truck driver; Water truck - 2 axle; Dump truck, less than
16 yds. water level; Erosion control driver
GROUP 4: Driver of transit mix truck, under 3 yds.; Dumperete
truck, less than 6-1/2 yds. water level
GROUP 5: Water truck, 3 or more axles; Truck greaser and tire
person ($0.50 additional for tire person); Pipeline and
utility working truck driver, including winch truck and
plastic fusion, limited to pipeline and utility work;
Slurry truck driver
GROUP 6: Transit mix truck, 3 yds. or more; Dumperete truck,
6-1/2 yds. water level and over; Vehicle or combination of
vehicles - 4 or more axles; Oil spreader truck; Dump truck,
16 yds. to 25 yds. water level
GROUP 7: A Frame, Swedish crane or similar; Forklift driver;
Ross carrier driver
GROUP 8: Dump truck, 25 yds. to 49 yds. water level; Truck
repair person; Water pull - single engine; Welder
GROUP 9: Truck repair person/welder; Low bed driver, 9 axles
or over
GROUP 10: Dump truck - 50 yds. or more water level; Water
pull - single engine with attachment
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. I£ this
contract is covered by the EO, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
Addendum 1, Appendix B, Page 25
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
Addendum 1, Appendix B, Page 26
non -union rates. Example: SULA2012-007 5/13/2014. SU indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates
the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a
new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 1000 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
Addendum 1, Appendix B, Page 27
Project No. 21035
4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the
City Manager or City Engineer of City. The Contractor shall keep the Contract Officer informed of
Contractor's progress on the services. The Contractor shall refer any decisions which must be made by
City to the Contract Officer. Unless otherwise specified herein or in the City's Municipal Code, any
approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer
shall have authority to sign all documents on behalf of the City required by this Agreement, to the extent
permitted by the City's Municipal Code.
4.3 Prohibition Against 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 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 City's express consent.
4.4 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. City shall have no voice in the selection,
discharge, supervision 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
required herein as an independent contractor of City and shall remain at all times as to 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 employees are agents or
employees of City. 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.
4.5 Identity of Persons Performing Work. Contractor represents that it employs or will
employ at its own expense all personnel required for the satisfactory performance of any and all tasks and
services set forth herein. Contractor represents that the tasks and services required herein will be performed
by Contractor or under its direct supervision, and that all personnel engaged in such work shall be fully
qualified and shall be authorized and permitted under applicable State and local law to perform such tasks
and services.
4.6 Utility Relocation. City, and not Contractor, is responsible for removal, relocation, or
protection of existing main or trunkline utilities but only to the extent such utilities were not identified in
the invitation forbids or specifications. Where the specifications call for the Contractor to remove, relocate,
reconstruct or protect such lines, all such work shall be deemed included in the Contract Sum. Contractor
having been presented with a reasonable basis to suspect that any previously unidentified main or trunkline
may need to be removed, relocated or protected in place, Contractor shall immediately notify City and the
affected utility company in writing of such belief, and the basis therefor, and Contractor shall thereafter
work with the City and the utility company to coordinate such removal, relocation or protection. City shall
reimburse Contractor for its reasonable costs incurred in locating and repairing damage not caused by
6
Rev. 01-2021
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION"
Addendum 1, Appendix B, Page 28
EXHIBIT B
CONTRACTOR'S PROPOSAL
City of West Covina, California, Friendship Park Improvements (#21035) Bid Package
Document Control Page 19 of 164
III. BID DOCUMENTS
-asw* BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION -111. BID DOCUMENTS"
HID DOCUMENTS
City of west Covina. Cahfomia, Friendship Park Improvements (N21035( Bid Package
Document Control Page 20 of 1 f,4
Ill. BID DOCUMENTS
PROPOSAL
Project No: 21035
Friendship Park Improvements
TO: City Clerk
City of West Covina
California
Dear Madam:
We have carefully examined the sites, local conditions affecting the same, the Instructions to
Bidders and Notice to Contractors, the agreement, the detailed plans and specifications and all bid
and contract documents for the work set forth in the official publications, and submit herewith the
following schedule of prices.
If awarded the contract, we agree to begin work within ten (10) working days after receiving notice
to proceed and to complete proposed work within the time period as stated in the Section I. Notice
to Contractors, 7."Schedule of Work" We further agree to sign and return the contract to the City
within ten (10) working days after receiving notice that the contract is ready for signature and to
furnish bonds, insurance endorsements and certificates, and any other required documents in the
form prescribed by the City at the same time.
The undersigned furthermore agrees that in case of default in executing such contract with
necessary bonds within the specified time, the cash, check or bond accompanying this bid and the
money payable thereon shall be forfeited hereby to and remain the property of the City of West
Covina, except as provided in Public Contract Code Section 20174.
The undersigned has carefully checked all of the figures and understands that the City of West
Covina will not be responsible for any errors or omissions on the part of the undersigned in making
up this bid.
Contractor shall use City supplied bond forms only.
BID DOCUMENTS III
Qty dW-4 Canna CWkma, Fne xiship PaA(Inpm enrerft (#21035), PdiNdum 1
Dwrat coWd Pye 3 d44
APPENDIX A
REVISED PROPOSAL SCHEDULE PER ADDENDUM I
C11y dV kst Cain. Ca forma, FmdshP Pak Inp warerts (#21036), Pdiendun 1 D �wrut Catrd Pze 4 of44
REVISED PROPOSAL SCHEDULE PER ADDENDUM 1
Contractors shall submit this revised Proposal Schedule as part of their bid to be considered responsive.
Project No: 21035
Friendship Park Improvements
BASE BID SCHEDULE A — Friendship Park Play Area
Inserted items are highlighted in red.
Removed items are striketkrettgh.
Bid
Item
Description
Qty
Unit
Unit Cost
Total Cost
1
Demo/Dispose of Existing Equipment.
1
LS
$ 2,174.16
$ 2,174.16
2
Demo/Dispose of Approx. (2,800) Sq. ft. of Existing
Woodchips at 10" Depth.
1
LS
$ 5,687.32
$ 5,687.32
3
Demo/Dispose of Approx. (720) Sq. Ft. of Existing
PNP Pads at 3.5" Depth.
I
LS
$ 3575.82
$ 3,575.82
4
Demo/Dispose Approx. (720) Sq. ft. of Existing
Aggregate Base at 8.5" Depth.
1
LS
$ 3,183.99
$ 3,183.99
5
Demo/Dispose Approx. (143) LF of 8"W x 14"D of
Existing Concrete Curbing.
I
LS
$ 3,215.32
$ 3,215.32
6
Excavate Approx. (2,750) Sq. Ft. of Grass/Dirt at 8.5"
Depth to Expand Footprint.
1
LS
$ 6,676.98
$ 6,676.98
7
Re-route Existing Irrigation and Demo and Dispose of
(2) Small Trees
1
LS
$ 3,777.53
$ 3,777.53
8
Construct a Total of (103) LF of Concrete Walkway
5'W x 4" D to Connect to Existing Walkway. Includes
Grass Removal.
1
LS
$ 5,932.46
$ 5,932.46
9
Construct (80) LF of Raised Concrete Curb from 0" to
12" at Center
I
LS
$ 4,082.66
$ 4,082.66
10
Install Approx. (3,520) Sq. Ft. of Aggregate Base at
8.5" Depth to Prep for New PNP Surfacing. There will
be a variance in subgrade to accommodate the
thickness of the rubber due to the critical fall height
changes of the equipment. Contractor shall coordinate
with rubber surface installer accordingly.
I
LS
$12,406.35
$12,406.35
I 1
Install Approx. (2,750) Sq. Ft. of Aggregate Base at 4"
Depth to Prep for New PNP Surfacing.
1
FLS
$ 7,198.50
$ 7,198.50
Addendum 1, Appendix A, Page 1
City of West Covina, California, Friendship Park Improvements (0035), Addendum 1
Document Control Page 5 of 44
BASE BID SCHEDULE A — Friendship Park Play Area
Inserted items are highlighted in red.
Removed items are strikethrough.
Bid
Item
Description
Qty
Unit
Unit Cost
Total Cost
Install Burke Play Equipment, Benches, Tables, end
Trash Resepfaedes both within play area and outside.
12
Equipment to be furnished by the City. See Special
Provisions, Section H and Section I, which includes all
1
LS
$ 75,280.30
$ 75,280.30
equipment that Contractor will be responsible to
coordinate delivery from the supplier, unload onsite,
provide storage bins to store and protect, and install.
13
Demo/Dispose of Existing Water Fountain.
I
LS
$ 543.75
$ 543.75
14
Install (1) Halsey Taylor Endura II Outdoor
HydroBoost Bottle Filling Station, Bi-Level Pedestal.
1
LS
$ 1,969.02
$1,969.02
E ui ment to be furnished by the City.
Provide Temporary Fencing During Installation of
15
Equipment and Surfacing. Temporary fencing shall
cover the entire footprint of the installation area
including rubberized surfacing, and all equipment.
1
LS
$ 3,296
$ 3,296
Receive and Unload Pallets of both PIP Rubber
16
Materials and Burke Equipment Upon Delivery at Park
— Provide Storage Containers to store equipment. PIP
1
LS
$ 1,790.05
$1,790.05
Rubber surfacing will be installed by others.
543
17
Repair sod and restore irrigation
1
LS
$ 2,718.77
$ 2,718.77
Install (2) Burke Traditional Series 8' ADAAG (1
Wheelchair) Picnic Tables, Model 4580-0226, (4) Burke
18
Traditional Series 8' Picnic Tables, Model #580-1013,
(2) PVC Litter Containers w/ Flat Covers, Model #580-
1
LS
$ 2,751.82
$ 2,751.82
0184. Equipment to be fumished by the City. -
Contractor shall supply Red Heads/Anchor Bolts to
mount tables to concrete.
TOTAL BASE BID AMOUNT A IN NUMBERS
$ 146,260.80
TOTAL BASE BID AMOUNT A IN WORDS: One hundred and forty six thousand, two hundred and sixity dollars
and eighty cents.
Addendum 1, Appendix A, Page 2
Gry of WA Canna, Califania, Friendship Park Inprwarerds (#21M5), Addendm 1
BASE BID SCHEDULE B — Friendship Park Basketball Court, Fitness Area and Entry Sign
Inserted items are highlighted in red.
Removed items are strip.
Bid
Item
Description
Qty
Unit
Unit Cost
Total Cost
1
Excavate (1000) Sq. Ft of Grass/Dirt at 7.5" Depth
l
LS
$ 3,833.32
$ 3,833.32
2
Construct (130) LF of 6" W x 8" D Concrete Curbing
1
LS
$ 4,410.98
$ 4,410.98
3
Fumish/Install (1000) Sq. Ft of 95% Compacted
Aggregate Base at 4" Depth to Prep for PIP Surfacing
]
LS
$ 3,428.01
$ 3,428.01
4
Construct (2) 4'W x 8'L x 4"D Concrete Pads for Each
Bench and (1) 4' W x 4'L x 4"D Concrete Pad for
I
LS
$ 4,328.58
$ 4,328.58
Trash Receptacle
Install Burke Fitness Equipment, Benches, and Trash
Receptacle, and Entry Area Signs. Equipment to be
5
furnished by the City. See Special Provisions, Section
J, which includes all equipment that Contractor will be
1
LS
$ 10,644.88
$ 10,644.88
responsible to coordinate delivery from the supplier,
unload onsite, provide storage bins to store and protect,
and install.
6
Install (1) 38' x 23' Hip Style Canopy with a 9' Eave
Height. Equipment to be famished by the City.
1
LS
$ 8,010.65
$ 8,010.65
7
Demo/Dispose Existing Water Fountain
1
LS
$ 543.75
$ 543.75
Install (1) Halsey Taylor Endura II Outdoor
8
HydroBoost Bottle Filling Station, Bi-Level Pedestal
where old one was. Equipment to be furnished by the
I
LS
$1,969.02
$1,969.02
City.
Provide Temporary Fencing During Installation of
9
Equipment and Surfacing. Temporary fencing shall
cover the entire footprint of the installation area
1
LS
$ 731.30
$ 731.30
including rubberized surfacing, and all equipment.
Receive and Unload Pallets of both PIP Rubber
10
Materials and Burke Equipment Upon Delivery at Park
— Provide Storage Containers to store equipment.
I
LS
$ 924.85
$ 924.85
Rubber surfacing will be installed by others.
11
Repair sod and restore irrigation
1
LS
$ 2,718.77
$ 2,718.77
Remove existing and install City fumished 2 ea First
12
Team Acrylic Basketball Backboards, 2 ea Goal Rims,
2 ea Retrofit Mounting Kits. Model # FT 220, #FT186,
I
LS
$1,969.02
$ 1,969.02
#FT1900TU. (Reference: www.firstteaminc.com)
Addendum 1, Appendix A, Page 3
City of West Covina, California, Fnendship Park Improvements (#21035), Addendum 1
Document Control Page 7 of 44
BASE BID SCHEDULE B — Friendship Park Basketball Court, Fitness Area and Entry Sign
Inserted items are highlighted in red.
Removed items are stfikethfough.
Bid
Description
Qb'
Unit
Unit Cost
Total Cost
Item
Entry Area: Demo/Dispose of (2) 9' x 7' Concrete
Slabs and (20) Wood Pillars
13
Construct (1) 6' x 7' and (1) 9' x 7' at 4" Depth
I
LS
$ 6,093.31
$ 6,093.31
Concrete Slabs to replace old — Dowell into existing
concrete.
(See Appendix D-Field Pictures
Basketball Area: Install (4) Burke 8' PVC Traditional
Benches w/ Backs Model #580-0174, (2) PVC Litter
14
Containers w/ Flat Covers Model #580-0184. into
1
LS
$ 1,401.66
$ 1,401.66
Concrete Near Basketball Area. Equipment to be
furnished by the City.
(See Appendix D-Field Pictures
Backstop Area: Demo/Dispose of (2) Existing Water
Fountains.
15
Install (2) Halsey Taylor Endura II Outdoor
I
LS
$ 3,989.53
$ 3,989.53
HydroBoost Bottle Filling Station, Bi-Level Pedestal.
Equipment to be furnished by the City.
(See Appendix D-Field Pictures
TOTAL BASE BID AMOUNT B IN NUMBERS
$ 54,997.63
TOTAL BASE BID AMOUNT B IN WORDS: Fifty four thousand nine hundred and ninety seven dollars
AND sixity three cents.
TOTAL BASE BID AMOUNT A + B IN NUMBERS $ 201,258.43
BASE BID AMOUNT A+ B IN WORDS: Two hundred and one thousand dollars, two hundred and
fifty eight dollars AND forty three cents.
The award of Contract shall be based on the TOTAL BASE BID SCHEDULE A + BASE
BID SCHEDULE B AMOUNT.
Addendum 1, Appendix A, Page 4
City of West Covina, California. Friendship Park Improvements (p21035) Bid Package Document Control Page 25 of 154
EXAMINATION OF SPECIFICATIONS AND SITE OF WORK
The Bidder declares that he/she has carefully read and examined the project plans, specifications,
bid documents, and he/she has made a personal examination of the site (indicate name of the
person, representing the bidder, who inspected the site and date below) and that he/she understands
the exact scope of the Project.
Name of Person who inspected the site:
Date of Inspection:
ADDENDA ACKNOWLEDGMENT
David Christensen
7/30/21. 8/2/21
The Bidder acknowledges receipt of the following Addenda and has included their provisions in
this Proposal:
Addendum No. 1 Dated 7/31/21
Addendum
Addendum
Addendum
. BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION "Ill. BID DOCUMENTS"
BID DOCUMENTS 111-7
Project No. 21035
Contractor, and removing or relocating such unidentified utility facilities, including equipment idled
during such work. Contractor shall not be assessed liquidated damages for delays which meet both of the
following requirements: (i) the delays occurred after Contractor gave City the written notice required by
this Section; and (ii) the delays were caused by the removal, protection, or relocation of such unidentified
utility facilities. Nothing herein shall be deemed to prevent the City from seeking reimbursement of any
such costs from the affected utility company.
4.7 Trenches or Excavations. Pursuant to Public Contract Code Section 7104, if 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
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 I,
Class II, 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 Agreement.
(b) 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 (Additional Services) of this Agreement.
(c) If a dispute arises between City and Contractor whether the conditions materially 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 Agreement, but shall proceed with all work to be performed under
the Agreement. 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.
5.0 INSURANCE
5.1 Minimum Scope and Limits of Insurance. Contractor shall obtain, maintain, and keep
in full force and effect during the life of this Agreement all of the following minimum scope of insurance
coverages with an insurance company admitted to do business in California, with a current A.M. Best's
rating of no less than A: VII, and approved by City:
(a) Broad -form commercial general liability, including premises -operations,
products/completed operations, broad form property damage, blanket contractual liability,
independent contractors, personal injury or bodily injury with a policy limit of not less than
Two Million Dollars ($2,000,000.00), combined single limits, per occurrence. If such
insurance contains a general aggregate limit, it shall apply separately to this Agreement or
shall be twice the required occurrence limit.
(b) Business automobile liability for owned vehicles, hired, and non -owned vehicles, with a
policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits,
Rev. 01-2021
City of West Covina, California, Friendship Park Improvements (021035) Bid Package
Document Control Page 26 of 164
SUB -CONTRACTOR LIST
We propose to use the following listed sub -contractors as per Public Contract Code Section 4100
et seq.:
Sub -Contractors Name: Address:
None
Description of Work:
Phone No. Contractor's License # I DIR # Dollar Amount
Sub -Contractors Name: Address:
Description of Work:
Phone No. I Contractor's License # I DIR # Dollar Amount
Sub -Contractors Name: Address:
Description of Work:
Phone No. Contractor's License # DIR # Dollar Amount
Sub -Contractors Name: Address:
Description of Work:
Phone No. I Contractor's License # I DIR # Dollar Amount
Percent of work to be performed by sub -contractors: 0%
(Note: 50% of work required to be performed by general contractor)
For additional Sub -Contractors, add separate sheets
BID DOCUMENTS 111-8
Cry of l'iest Coma Callorno fnendsh,p Park Improvements (k21075) Bvd Package Document Control Page 27 01 t:,C
BIDDERS GUARANTEE
Enclosed is Cash ( ). Cashier's Check ( ), Certified Check ( ), or Bid Bondin the sum of
S Li9' . is at least 10% of the amount bid.
Contractor:
Jaynes Broters Construction, inc
Address:
996 Lawrence Drive, Suite 201
Newbury Park, CA 91320
Fax Number:
(818) 351-1830
Telephone Number:
(805) 375-1111
Email Address:
Chase@jaynesbrothers.com
By:
c
Signature or
President
Title
State of California Contractor's License:
Classification: A, B, C-8, D-34 License No: 896407
DIR Registration No: 1000012063
Expiration: 05/31/23
w BIDDERSHALL COMPLETE AND SUBMIT ALL DOCUMENTS ANDIIIIIIIIPAGES IN SECTIONII MENTS"
Co of West Covina, California, Fnendship Park Improvements (N21035) Bid Package
BID BOND
KNOW ALL MEN BY THESE PRESENTS:
Docunenl Control Page 29 of 164
Bid Bond
Page 1 of 2
(Use of City bond form is required)
Bond No. 65586136
WHEREAS, Jaynes Brothers Construction (hereinafter referred to as
"Contractor") intends to submit a bid to the City of West Covina, California, a Municipal
Corporation, for the performance of certain work as required in the City of West Covina Project
No. said work being: Remove and Replace Playground Structure in Area.] and ArM2 shown in
this specification on the Plan No. , and in compliance with the specifications therefore
under an invitation of said City contained in a notice or advertisement for bids or proposals.
NOW, THEREFORE, we, the Contractor, as Principal, and
Western Surety Compnay a corporation organized and existing under the laws of the
State of South Dakota duly authorized to transact business under the laws of the State of
California as Surety, are held and firmly bound unto the City of West Covina, as Obligee, in the
sum of Ten Dollars
($ 10% ) lawful money of the United States of America, said sum
being not less than ten percent (10%) of the bid amount for the payment of which sum well and
truly to be made, the said Principal, and said Surety, bind ourselves, our hens, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT: If the bid of the said
Principal is rejected by the said Obligee; or if the said Obligee shall accept the bid of the said
Principal and said Principal shall enter into an Agreement with said Obligee in accordance with
the terms of the bid, and shall give such bond or bonds as may be specified in the bidding or
Contract Documents with good and sufficient surety for the faithful performance of such
Agreement and for the prompt payment of labor and material furnished in the prosecution thereof;
or in the event of the failure of said Principal to enter such Agreement and give such bond or bonds,
if said Principal shall pay to said Obligee the difference not to exceed the penalty thereof between
the amount specified in said bid and such larger amount for which said Obligee may in good faith
contract with another party to perform the work covered by said bid, then this obligation shall be
null and void, otherwise to remain in full force and effect. In case suit is brought upon this bond,
the court shall fix and award and the surety shall pay, in addition to the face amount hereof, costs
and reasonable attorney's fees incurred by the City of West Covina in successfully enforcing said
obligation.
IN WITNESS THEREOF, we have hereunto, set our hands and seals this
5th day of August , 2021 .
Principal Jaynes Brothers Construction
By
Title pfeSifX f
..w,.e., BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION "III. BID DOCUMENTS" „ryyw;
IC II 1 1
City of West Covina, California, Friendship Park Improvements (821035) Bid Package
Docunent Comrol Page 30 of 164
Bid Bond
Page 2 of 2
(Use of City bond form is required)
Surety Western Surety Company
By
Title
Timothy Michael Holland Attorney -in Fact
I declare under penalty of perjury under the laws of the State of California that the contents
of the above Bid Bond are true and correct, and that I have been duly authorized to sign this Bid
Bond on behalf of Surety. This Declaration is signed on August 5 2021, in
the City of Moorpark , State of California.
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
On this 5th day of August , 20 11, before me,
Notary Public,
personally appeared , personally known to me (or proved to me) on
the basis of satisfactory evidence to be the person(s) whose names is/are subscribed to this
instrument, and acknowledge to me that he/she/they executed the same in his/her/their authorized
capacities, and that by his/her/their signature(s) on the instrument the person(s) or the entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
1 g.,rWI e
Notary Public in and for said
County and State
(Proof of signature authorization or power of attomey must be attached)
APPROVED AS TO FORM:
/s/Thomas P. Duarte
City Attorney
;,. BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION "Ill. BID DOCUMENTS" -,..
j1D �DOCUMYNTS 11
Western Surety Company
POWER OF ATTORNEY - CERTIFIED COPY
Bond No. 65586136
Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and exreUng under the
laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents
make, constitute and appoint Timothy KLichael Holland
its true and lawful attorney(,) -in -fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on
its behalf as Surety, bonds for:
Principal: Jaynes Brothers Construction
Obligee: City of West Covina
Amount: $1,000,000.00
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Vice President, sealed with the
corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)-in-
fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western
Surety Company which remains in full force and effect.
"Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such
other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, anY Assistant Secretary, or the
Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of
the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other
obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile."
If Bond No. 6558 61 '16 _ is not issued on or before midnight of November 3rd 2021 , all
authority conferred in this Power of Attorney shall expire and terminate.
In Witness Whereof, Western Surety Company has caused these presents to be signed by its Vice President, Paul T. Bruflat and
its corporate seal to be affixed this Sth day of August 2021
WES 9 SURF Y COMPANY
l Paul T ruflat, Vice President
STATE OF SOUTH DAKOTA t ss
COUNTY OF MINNEHAHA I
On this _5th _ day of Au-qust _ in the year _2021 --, before me, a notary public, personally appeared
Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of
W'F,STERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of sai corporation.
444a4444bb4444a444M14444a4S
r r M. BENT r r
s NOTARY PUBLIC SEAL i - Notary Public - South Dakota
r SEAL
rSOUTH DAKOTA r
r
+44444444444444444444444+
My Commission Expires March 2, 2026
1 the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the
attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company
as set forth in the Power of Attorney is now in force.
In testimony whereof. I have hereunto set my hand and seal of Western Surety Company this 5th day of
August _,_. 2021
WES CE SUR Y COMPANY
Paul T ruflat, Vice President
To validate bond authenticity, go to www.cnasurety com > Owner/Obligee Services > Validate Bond Coverage.
Form F5306-11-2020
City of West Covina, California, Friendship Park Improvements (#21035) Bid Package Document Control Page 31 of 164
Page I of 2
STATEMENT OF NON -COLLUSION BY CONTRACTOR
The undersigned who submits herewith to the City of West Covina a bid or proposal does hereby
certify:
1. That all statements of fact in such bid or proposal are true;
2. That such bid or proposal was not made in the interest of or on behalf of any undisclosed
person, partnership, company, association, organization or corporation;
3. That such bid or proposal is genuine and not collusive or sham;
4. That said bidder has not, directly or indirectly by agreement, communication or conference
with anyone, attempted to induce action prejudicial to the interest of the City of West
Covina or of any other bidder or anyone else interested in the proposed procurement;
Did not, directly or indirectly, collude, conspire, connive or agree with anyone else that
said bidder or anyone else would submit a false or sham bid or proposal, or that anyone
should refrain from bidding or withdraw his bid or proposal;
6. Did not in any manner, directly or indirectly seek by agreement, communication or
conference with anyone to raise or fix the bid or proposal price of said bidder or of anyone
else, or to raise or fix any overhead, profit or cost element of his bid or proposal price, or
that of anyone else;
Did not, directly or indirectly, submit his bid or proposal price or any breakdown thereof,
or the contents thereof, or divulge information or data relative thereto, to any corporation,
partnership, company, association, organization, bid depository, or to any member agent
thereof, or to any individual or group of individuals, except to the City of West Covina, or
to any person or persons who have a partnership or their financial interest with said bidder
in his business.
8. Did not provide, directly or indirectly to any officer or employee of the City of West Covina
any gratuity, entertainment, meals, or anything of value, whatsoever, which could be
objectively construed as intending to invoke any form of reciprocation or favorable
treatment.
9. That no officer or principal of the undersigned firm is related to any officer or employee of
the city by blood or marriage within the third degree or is employed, either full or part time,
by the City of West Covina either currently or within the last two (2) years.
,q�apRs: BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION "Ill. BID DOCUMENTS" .,.
I 1 11
City of West Covina, Cahforma, Friendship Park Improvements (#21035) Bid PaCkage
Document Control Page 32 of 154
Page 2 of 2
10. That no officer or principal of the undersigned firm nor any sub -contractor to be engaged
by the principal has been convicted by a court of competent jurisdiction of 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 performance of, any public
work contract, with any public entity, within the last three years.
I certify, under penalty of perjury under the laws of the State of California, that the foregoing is
true and correct and that this certification was executed:
On 08/04/21
at Newbury Park California.
Firm Jaynes Brothers Construction, inc
Street 996 Lawrence Drive, Suite 201
City Newbury Park State CA Zip
APPROVED AS TO FORM:
/s/Thomas P. Duarte
City Attorney
91320
C
Signature
Chase Jaynes
Name
President
Title
:ten BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION "Ill. BID DOCUMENTS" <
6061
BID DOCUMENTS 111-14
City of West Covina, California, Friendship Park Improvements (#21035) Bid Package Document Control Page 33 of 164
Page 1 of I
CERTIFICATION OF PRINCIPAL
1 am aware of the provisions of Section 3700 of the 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 I will comply with such provisions before
commencing the performance of the work of this Contract. (Section 1861, Labor Code.)
DATED: 08/04/21
Signature o rj�ipal
APPROVED AS TO FORM:
/s/Thomas P. Duarte
City Attorney
�, BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION "111. BID DOCUMENTS"
BID DOCUMENTS 111-15
City of West Covina, California, Friendship Park Improvements (#21035) Bid Package Document Control Page 34 of 164
AGREEMENT FOR INDEMNIFICATION
BY CONTRACTOR(VENDOR
The City of West Covina requires contractors and suppliers of service to the City to indemnify and hold the
City of West Covina harmless for claims or losses arising from or in connection with the contracting parry's
work for the City of West Covina before a purchase order is issued. To eliminate misunderstandings between
contracting parties and the City in case of a claim or lawsuit, the City of West Covina requires that contracting
parties who perform services for the City sign this Agreement. This Agreement will act as and become a part
of each contract/purchase order between the City of West Covina and the contracting parties signing the
Agreement.
In consideration of the opportunity of doing work for the City of West Covina and benefits to be received thereby, the
contracting party agrees as follows:
That where a contract, purchase order or confirming order is issued by the City of West Covina awarding a
contract, this Agreement is to be considered part of that contract.
Contractor agrees to indemnify the City of West Covina and any officer, employee or agent, and hold the City
of West Covina and any officer, employee or agent thereof harmless from any and all claims, liabilities,
obligations and causes of action of whatsoever kind or nature for injury to, or death of, any person (including
officers, employees and agents of the City of West Covina), resulting from any and all actions or omissions of
contractor or contractor's employees, agents or invitees, or any subcontractor of contractor or any of such
subcontractor's employees, agents or invitees.
That the contracting party specifically waives the benefits and protection of Labor Code Section 3864 which
provides, "If an action as provided in this chapter is prosecuted by the employee, the employer, or both jointly
against the third person results in judgment against such third person or settlement by such third person, the
employer shall have no liability to reimburse or hold such third person harmless on such judgment or settlement
in the absence of a written agreement so to be executed prior to the injury." This waiver will occur as to any
contracts awarded by the City of West Covina to the contracting party to this Agreement while this Agreement
is in force.
4. That this Agreement has been signed by an authorized representative of the contracting party, and such
representative has the authority to bind the contractor/vendor to all terms and conditions of this Agreement.
5. That this Agreement shall be binding upon the successors and assignees of the contracting party to any contract
with the City of West Covina. As a condition precedent to acceptance, and contracts from the City of West
Covina and contracting parry agree to advise its successors or assignees of this Agreement and to obtain their
consent to its writing before the work of the representative successor or assignees begin; such assignment shall
be effective with the written consent of the City of West Covina,
6. To promptly notify the City of West Covina of any change in ownership of the contracting party while this
Agreement is in force.
7. In the event that this Agreement, contract, or purchase order is entered into with the West Covina Community
Development Commission, wherever the term "City of West Covina' is indicated, it shall also be applicable to
the West Covina Community Development Commission.
This Agreement cannot be modified or changed without the express written consent of the City Attorney of the City
of West Covina.
a*wA w. BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION "In. BID DOCUMENTS"
BID DOCUMENTS 111-16
City of West Covina, California, Friendship Park Improvements (d21035) Bid Package
Document Control Page 35 of 164
On behalf of Jaynes Brothers Construction, inc
996 Lawrence Drive Suite 201 Newbury Park, CA 91320
(Address)
1 agree to the terms of this Agreement.
Signature C
Title Presiden
BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION "Ill. BID DOCUMENTS"
BID DOCUMENTS 111-17