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HomeMy WebLinkAboutAquatic Inspections Inc; 2010-12-17;AGREEMENT FOR DIVING SERVICES FOR LA COSTA LOW RESERVOIR Aquatic Inspections, Inc. THIS AGREEMENT is made and entered into as of the /7 day of 2010, by and between the CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, referred to as ("CMWD"), and Aquatic Inspections, a Corporation, ("Contractor"). RECITALS A. CMWD requires the professional services of a diver that is experienced in inspecting and cleaning drinking water reservoirs. B. Contractor has the necessary experience in providing professional services and advice related to diving, inspecting, and cleaning drinking water reservoirs. C. Selection of Contractor is expected to achieve the desired results in an expedited fashion. D. Contractor has submitted a proposal to CMWD and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CMWD and Contractor agree as follows: 1. SCOPE OF WORK CMWD retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of Six (6) months from the date first above written. The Executive Manager may amend the Agreement to extend it for six (6) additional months or parts thereof in an amount not to exceed Three Thousand One Hundred Twenty Five dollars ($3,125.00). Extensions will be based upon a satisfactory review of Contractor's performance, CMWD needs, and appropriation of funds by the CMWD Board of Directors. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be Three Thousand One Hundred Twenty Five dollars ($3,125.00). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. CMWD reserves the right to withhold a ten percent (10%) retention until CMWD has accepted the work and/or Services specified in Exhibit "A". General Counsel Approved Version #05.06.08 Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6- STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of CMWD. Contractor will be under control of CMWD only as to the result to be accomplished, but will consult with CMWD as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of CMWD for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. CMWD will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. CMWD will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify CMWD and the City of Carlsbad within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which CMWD may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At CMWD's election, CMWD may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of CMWD. If Contractor subcontracts any of the Services, Contractor will be fully responsible to CMWD for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and CMWD. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by CMWD. 8. OTHER CONTRACTORS CMWD reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance General Counsel Approved Version #05.06.08 2 carrier is required to have a current Best's Key Rating of not less than "A-:VM", OR with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X". 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless the General Counsel or Executive Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. CMWD, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 10.1.1 Commercial General Liability Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's work for CMWD). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers'Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to CMWD's satisfaction, a declaration stating this. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The CMWD and the City of Carlsbad will be named as an additional insured on General Liability. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to CMWD sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to CMWD's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to CMWD. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then CMWD will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by CMWD to obtain or maintain insurance and CMWD may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. CMWD reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. General Counsel Approved Version #05.06.08 3 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of CMWD during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of CMWD. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to CMWD. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in CMWD and Contractor relinquishes all claims to the copyrights in favor of CMWD. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of CMWD and on behalf of Contractor under this Agreement. For CMWD: Name: Jase Warner Title: Water Operations Supervisor Carlsbad Municipal Water District Address 5950 El Camino Real Carlsbad, CA 92008 Phone No. 760-438-2722 For Contractor: Name: Robert McMurray Title: President Address: 1042 N. El Camino Rea, Ste B184 Encinitas, CA 92024 Phone No. 760-753-4812 E-Mail Address: robert@aquaticinspections.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST CMWD will evaluate Contractor's duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and CMWD's Conflict of Interest Code is required of Contractor or any of Contractor's employees, agents, or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor's affected employees, agents, or subcontractors will complete and file with the Secretary of the Board those schedules specified by CMWD and contained in the Statement of Economic Interests Form 700. Contractor, for Contractor and on behalf of Contractor's agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. Contractor further warrants that neither General Counsel Approved Version #05.06.08 Contractor, nor Contractor's agents, employees, subcontractors ana" consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Contractor will file with the CMWD an affidavit disclosing this interest. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that the services required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or CMWD will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the Executive Manager. The Executive Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the Executive Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, CMWD may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If CMWD decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, CMWD may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by CMWD and all work in progress to CMWD address contained in this Agreement. CMWD will make a determination of fact based upon the work product delivered to CMWD and of the percentage of work that Contractor has performed which is usable and of worth to CMWD in having the Agreement completed. Based upon that finding CMWD will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of CMWD, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to CMWD. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. CMWD will make the final determination as to the portions of tasks completed and the compensation to be made. General Counsel Approved Version #05.06.08 5 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, CMWD will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any agreement claim submitted to CMWD must be asserted as part of the agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to CMWD, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq.. the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If CMWD seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for CMWD to terminate this Agreement. 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon CMWD and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of CMWD, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. General Counsel Approved Version #05.06.08 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR (sign here) (L- CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad (print name/title) ' (sign Fiefe)-_J President; Executive Manager or ^^ designee = iis ATTEST: (print name/title) (e-maif address)LORRAINE M. WOOD Secretary If required by CMWD, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation. Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-President **Group B. Secretary, Assistant Secretary, CFOor Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, General Counsel Deputy General Counsel 7 General Counsel Approved Version #05.06.08 INSPECTION/CLEANING PROPOSAL AQUATIC INSPECTIONS, INC. 1042 N. El Camino Real Ste. B184 Encinitas, CA 92024 (760)753-4812 or robert@aquaticinspections.com Proposal Submitted To: City of Carlsbad November 26, 2010 5950 El Camino Real Carlsbad, California 92008 (760)438-2722 (760)431-1601 Fax Facility Description and Location: La Costa Low Reservoir (80' diameter x 38' tall) welded steel potable water storage facility. The reservoir is located in Carlsbad, CA. AQUATIC INSPECTIONS, INC. hereby submits the following proposal subject to the conditions which follow: The City of Carlsbad will be supplied with an edited, narrated DVD documenting the inspection/wet cleaning of La Costa Low Reservoir. The DVD will document the condition of the interior and exterior of the reservoir. The condition of all appurtenances, interior coating, corrosion and sediment levels will be thoroughly inspected and documented. At the conclusion of the inspection all loose sediment and debris will be wet cleaned from the floor of La Costa Low Reservoir. After the cleaning the floor of the reservoir will be videotaped to document its condition. A detailed book bound report complete with recommendations will also be supplied. All diving will be conducted utilizing a minimum of a three man dive team as per Federal OSHA 1910 Subpart T-Commercial Diving Operations. All diving will also be conducted as per AWWA C652 (2002). Liability and Workers Compensation Certificates will be provided upon request. * WE HEREBY PROPOSE to furnish all labor and materials complete in accordance with the above specifications , for the sum of: La Costa Low Reservoir: Three Thousand One Hundred Twenty Five ($3,125,00) Dollars ** This proposal is valid for sixty days. All sen/ices provided by Aquatic Inspections, Inc. are guaranteed. The inspection/cleaning will be completed before the end of the fiscal year. * Our proposal is not based on using de-watering bags to capture the sediment generated by the wet cleaning of the reservoir. If a decision is made to require the use of de-watering bags we request the opportunity to re-submit our proposal. City of Carlsbad water district personnel will supply the de-chlorination tablets/liquid (sodium bi-sulphate or equivalent) to treat the exhaust water generated by the cleaning. This proposal is based on cleaning approximately 1" of sediment from the floor of the Page Two Aquatic Inspections, Inc. La Costa Low Reservoir Proposal reservoir. If considerably more sediment is present in the reservoir requiring additional days to complete the cleaning an additional fee of $3,000.00 per day will be required. ** This proposal is based upon paying Prevailing Wages as determined by the Director of Industrial Relations. Please reference the enclosed Prevailing Wage Rate Sheet. ACCEPTED: The above prices, specifications and conditions are satisfactory and are hereby accepted. Aquatic Inspections, Inc. is authorized to do the work as specified. Aquatic Inspections, Inc. Date City of Carlsbad Date (il-NEKAI. 1'Rr, VAILING WAOli Utll-RMINATION MADi: HV 11II DIKi-.CKJK Oi; INDUSTRIAL RELATIONS PURSUANT) TlH'ALIl-OKNiA LABOR COM I'AKI 7, niAHTHR I, AKTICI 1; 2, SB.T1ONS 1770, 177.1 AND 1773 I I'OR rOMMI'RCIA! BUILDING, HIGHWAY. HHAVY CONS rRUC.TiON AND UKl UUINU 1'ROJEU S C KAI'T: # CAHPf.NTIM Ul: TERMINATION 80-23-31-4-2009-1 ISSUE UATIi: August 22 2<XW HXPJRATION DA IT Of DETERMINATION: June JO, 2010»* The iate to be paid (at work.pviformed after this date has been deiermimxl If work will extend pusl this date. the new rale must be paid and should be incorporated m tuniructs entered mlo now Contact the On liion of Labor Statistics and Research tbi specific rates at (-115) 703-4774. LOCALITY All localities within San Diego County CLASSIHCATKJN (JOURNIKYPGRSON> ENGINFEK1NG CON6HU ;C1 ION Carpenter (Heavy and Highway Work) Bridge Carpenter (Highway Work) Millwright Pile Driver' Diver, Wei (up io 50ft depth)11 Divei, Standby Diver's Tendej Assistant Tende Basic Hourly Rale X37.15 37.28 37.65 3728 82.% 41.48°40 48" 37.48* Health and Welfare 395 395 3.95 3.9$ 395 3.95 3.95 3.95 Pension 291 2.91 2.91 2.91 2,91 291 291 2.91 Employe; J?ja'EHai!*___ .Vacation/ Holiday J.30* .UUh .1.30* 3.10" T30" i.'Mf '1 raining .42 42 .•12 41 Othci Payment .31 31 .31 .29 ,!9 29 2H .. Sliaijhl-'fmie flouts total Hourly Rale 48.04 Overtime HojuJi.Ssibi Daily* S.nurday* Sunday & rloliday 1 1/2X 1 I;2X 2X 66615 66.015 85.1') 4817 4854 48.17 9383 5235 51.35 4835 66.81 67.3b5 6681 13531 73.09 71.59 67.09 6681 67.365 66.81 13531 73.09 71 59 67.09 85.45 K6.I9 8545 17679 938391 83 8583 f)KT£RMINA'flON:Sr>-23-31-4.20u9-lA ISSUE DATE: August 22.2009 FXP1 RATION DATE OF I>fT.:KMIKATiON June 30, 2010*< The r»io to be paid lo, work performed after this Jait hi* been delcnnmed. If work will extend past lllis ilalo, the lie* rale must be [Mid and should be incorporated in contracts ciilered into now. Contact the Division of Labor Statistics <uui Reseat i:h *ui specific rates ai (415) 703-4774. LOCALITY. AJ1 localities within Sun Diego HUH DING CONSTRUCTION Carpenter UjiUl Commeicial $32.30 2S.84 3.95 395 2.91 291 3 3(lL .42 .42 4288 3642 59.03" 49.34* 59.03» 4934" 75.18 62.26 DETF.RMINA I1ON: SD-31 -741-1 -2008-1 ISSUE DATE: August 22. 2008 I'XPIRATION OATt' Of DETERMINATION. May 3), 2009" liffeun've iiniil suptrrsrtledby a «» deiuniiniiioii issued by the Dircrfoi of Induslrial Relations Ctfnlatt llw Division ol'Labor Slalislics and Rissoarcli at (415) 703-4774 for the nsw raws afler 10 days ftom the expiiaimn date, if no sulseijuciit dcifnnuiniiun is issued LWALH V: All localities witlmi Son Diego Employer I'ayineuis jjtjaij CLASSIFICATION Uasic HeJiU Fension Vacation/ Truiniag Oilier Hours (J(WRNEYPERSON) Houity And Holiday Payment Rate Welfare Tert&ezo Ifuilallor ) Finisher $34 1U 27.60 395 395 1.9) ! 91 3 15° US'1 O.U2 002 OSTotal Hourly Kate 43,13 3663 Overtime Hourly Rale Daily SanvdayT Sunday Sunday 1 1/2X 1 1/2X 2X 6018 6U 18 7723 5043 30.43 6423 ft Indicates itu apprcnticcablc craH Lrtcctive as of July 1. 200K, i!ie issuance and publieauon ut ihc prevailing wage at>|)icii'.kT ^tttxlulcs/appteiilK-c wage rales have been reassigned by the Department of Industrial Kelaiions ftom the Division ofl abor Slatisiics and Rcsenrdi fo the; OIMSIOII »('Apprenticeship StandaHli lo obtain iuiy <ippremite schedulcu/apprcnlice wage rales, please contact the Division of Appieutici'ship Siandaids 01 refer in the Division ^'Apprenticeship Sliunliiids vvchsile ai lillpv/wvvw dirca mn/ttas/das.liiiiil "Rate only applies lollie first 4 dai'y overtiine hours aud'lhc first 12 hours till Sutuiday: all oilier tiaiu is paid t>1 lite Sunday/! leltday tale. Saturday in Ihc same workweek nay ue worked al suaiylll-riuic rale for the first 8 hotuti if the employee was unabie to complete! liie 40 hmas during the normal workweek for reasons beyond Ilie control of the tuiployu. aacli us inclonient weather In addition, for Building Construction only, reasotu COD be riue to miijoi mechanical breakdown or lack of malerials beyond the ainuo! of the Eitll*)oyer or because thu employee voluntarily diooses to miss u scheduled workday, he may voluntarily work (in Suluidnys al straight tirne Me. * Includes itipplemeula! due«v An additional SO.SO pn hour when luuidling or working with n^v pteksuie-dcuted aeosixu piling or tinibei, or diivui^ of us<-d ;>resi>uie-rreated creosote piling '' Shall icixive a minimum ofB hours pay for any day 01 pait thereof. * Kor S|)oi:iUc latea over SO ft depth, aiilac! the Division of l.alwi Statistics and Research Rales iio Teciuiiciaii^, Maint'oU Oiwrators. Pressurised Sulnncrsible Dpsiauxii. Remoie Conirul Venicle Opeiulms, and Riniiolc Op«atcd Vehicle Qperatori, as well as rales for Pressurized rkl/ Uiviug and SaliiraUoii Diving ,ue available upon requesl.rSatiudays in the same work w££k may be worked at suaight-l-tinc rales if a job K shut do>vii during tlie ti<i<uui] wuik week due lo inclement wcalhci, inajof ntedianival bieakdown 01 tack of materials beyond die control of the liinployui. Work on Sunday, if it is the 7* consecutive workday, shall be paid ai tl.nih'e (?x) the straigbt-tiuie vate. ' Rate only applies to the first 4 daily overtime hours and the rt«l 12 hours on Saturday, all other tin*: is paid <il llie Smiday/Holiday lale. Saturday in the same workweek inuy be worked at stiaighl-liinc rate f(» the Mist 8 hnuts if the employee Wits nimbi': to complete llie 40 hours dining die normal woikwcek due to inclement weather, inaioi mechanical breakdown 01 lack of materials beyond the control of the Employer or because the employe vcluumrily chooses to uuss a scheduled workday, he may voluntmity work on Saturdays at suaighf time rate. UKSCR1FI1ON: IK ConstnictiunRefers to construction which re-limes a Class A license and includes Nidges, highways, dams a«J also IKIVWI. plains and other hutivy industrial lype projects. Bmldina < onairuciioaTlie light conunercial wage rait shall not apply to institutional lyjit iHiilduigs such a» public 01 piivalc scli™!,,. In. spiials, libiaiies, nmseuins. or |»st offices or other siinilai KtX.'OtiNIZEU HOLIDAYS; Holidays upon wlu'ch die geiic:jl prevailing hourly wage la'.c foi Holidiiy >>uik a/Kill be paid. $hall be all holidays in the collective bargtiiiiing agreeineiU. :.ipplicable to the particular craft, classification, or type of woikoi employed on the project, wlu'th is on file with Iho Director of Industrial Relations If the prevailing rate is not based on a collective]} bargained rate, the holidays upon which the prevailing rale shall be paid shall be as provided in Section 6700 of (hi! Covenunent Code. You may obtain Ihc holiday provisions fi>r the current dftaminntions on the Internet at httpy/www.dif.ca.yov/Dl.Sp/PWD. Holiday provisions for current or superseded determination* may be obtained by (Aintaciiiig the Prevailmg Wage Unit at (415) 703-4774. I RAVtl. ANIVOK SlIBSlSl'KNt'E PAVMKN I': (11 accordwice with Labor Code Sections 1771) 1 and P7? •), ,.o»tractors shall make travel awl/or subsistence pnyraenls to each worker to execute In* work. You may obmin the travel and''<ir subsiiitcnce provisiuns for the curreiil dcicimuislions on llie UHrrnct di !!ilji.//v>i>v>.:Jirc<titov/DLSK/PWD. I ravel and/or subsistence requirenwnis tot current or supniseded determinations may be ohlauied by contacting the Prevailing Wage I 'uit at (415) 703-4774. 22