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Home My WebLink About18-Facilities Management CITY OF SAN BERNARDINO - REQUEST FOR COUNCI t AL From: James Sharer, Director Subject: Resolution authorizing execution of an Agreement for Dept: Facilities Management Services and issuance of a Purchase Order to Westbeach Group, Inc dba West Beach Systems for Boys & Girls Date: July 15, 2008 Club CCTV Security System for Delmann Heights in the City of San Bernardino per RFQ F-08-23. M/CC Meeting Date: August 4, 2008 Synopsis of Previous Council Action: July 16, 2007 Resolution# 2007-256, Authorized the City Manager to execute an agreement between the City of San Bernardino, the County of San Bernardino to proved security improvements at the Delmann Heights Boys and Girls Club using County CDBG funds. Also, authorized the Director of Finance to amend the FY 2007/08 Budget and increase account# 001-321-5706 by$23,600 to reflect the County CDBG reimbursement to be received. Recommended Motion: 1.) Reject the bid of Protection One because the bid is non-responsive. 2.) Adopt Resolution, and 3.) Authorize the Director of Finance to amend the FY 08/09 budget and carryover $21,720.00 account number 001-321-5706 (Alterations and Ren vations).� 97777-7-------7' ,gam James harer Director of Facilities Management Contact person: James Sharer Phone: 384-5244 Supporting data attached: Staff Report, Resolution Ward(s): 6 FUNDING REQUIREMENTS: Amount: $21,720.00 Source:: Community Development Block Grant Funds Reimbursement Acct# 001-321-5706 / Barbara Pachon 4e:5-d Z-00 e—&14 Director of Finance Council Notes: �S �-off CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT Resolution authorizing execution of an Agreement for Services and issuance of a Purchase Order to Westbeach Group, Inc dba West Beach Systems for the Boys & Girls Club CCTV Security System for Delmann Heights in the City of San Bernardino per RFQ F-08-23. BACKGROUND Delmann Heights Community Center is located in the City building at 2969 North Flores Street. This Boys and Girls Club has operated this site under contract with the City site since 2004 and provides youth services to City and County residents located on the west-side of the City. The Club applied for and received a Community Development Block Grant(CDBDG) from the County to provide security improvements. The Delmann Heights Community Center is a 9,346 sf recreation center built in 1969. The RFQ for the Boys & Girls Club CCTV Security System for Delmann Heights project was advertised in the San Bernardino County Sun Newspaper on 6/12/08. It was posted on the City web site, given to the Chamber of Commerce and faxed directly to five contractors, three of whom are located in San Bernardino. The City received responsive bids from three firms to perform the Boys & Girls Club CCTV Security System for Delmann Heights. City staff has reviewed the bids and staff recommends that the Protection One bid, the lowest bid, be found non-responsive and therefore rejected. Protection One did not include a contractors license, authorized signatures, bidders identification, addendum received acknowledgement, completed bid bond or a notarized Non-Collusion Affidavit, all critical documents expressly required by the bid specifications. Protection One was called the day of the bid opening and told a facsimile is not an adequate bid and the company did not respond. Staff sent written notice to Protection One that the Mayor and Council may reject their bid as non-responsive. City staff has reviewed the bids and has determined Westbeach Group, Inc dba West Beach Systems is the low bidder for the project. Staff has confirmed the contractor's license and references. Name of Bidder City Base Bid + Additive Alternate Protection One Riverside $14,763.86 Westbeach Group, Inc dba Burbank $19,745.00 West Beach Systems Cam and Ontario $29,013.00 Apple Valley Communication Apple Valley $33,033.00 Staff also acknowledges that various unforeseen conditions may arise in this project. A contingency budget of percent(10%) is requested at this time. Project bid: $ 19,745.00 Contingency (10%) $ 1,975.00 Total project budget $ 21,720.00 The total cost for this project is estimated at $21,720.00 for construction with contingency. The Boys & Girls Club has received a County Community Development Block Grant (CDBG) for $23,600. City funds are not used to pay for this project. Staff recommends issuance of a Purchase Order and execution of an Agreement for Services with Westbeach Group, Inc dba West Beach Systems Co, for the amount of$19,745.00, with a 10% contingency of$1,975.00 to cover unforeseen conditions, making the total construction purchase order costs $21,720.00. FINANCIAL IMPACT The CDBG funding for this project has already been included in the Facilities Management FY 07-08 budget (account number 001-321-5706) and staff requests that these funds be carried over to the FY 08/09 budget. RECOMMENDATION 1.) Reject the bid of Protection One because the bid as non-responsive. 2.) Adopt Resolution, and 3.) Authorize the Director of Finance to amend the FY 08/09 budget and carryover $21,720.00 account number 001-321-5706 (Alterations and Renovations). (COPY I RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 3 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR SERVICES WITH AND ISSUANCE OF A PURCHASE 4 ORDER TO WESTBEACH GROUP, INC DBA WEST BEACH SYSTEMS FOR 5 THE BOYS & GIRLS CLUB CCTV SECURITY SYSTEM FOR DELMANN HEIGHTS COMMUNITY CENTER IN THE CITY OF SAN BERNARDINO 6 PER RFQ F-08-23. 7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF 8 THE CITY OF SAN BERNARDINO AS FOLLOWS: 9 10 SECTION I. Westbeach Group, Inc dba West Beach Systems is the lowest responsible 11 bidder for the Boys & Girls Club CCTV Security System for Delmann Heights 12 Community Center in the City of San Bernardino per RFQ F-08-23. A contract is 13 awarded accordingly to said Contractor in a total amount of $19,745.00 with a 14 contingency of$1,975.00. Such award shall be effective only upon said contract being 15 fully executed by both parties. The Common Council hereby authorizes the City 16 17 Manager to execute on behalf of the City an Agreement for Services: a copy of the 18 Agreement is on file in the City Clerk's Office, and is incorporated herein. The 19 Purchasing Manager is hereby authorized and directed to issue a purchase order which 20 references this Resolution to said Contractor in the amount of$19,745.00. 21 SECTION 2. Any amendment or modification thereto shall not take effect or become 22 23 operative until fully signed and executed by the parties and no party shall be obligated 24 hereunder until the time of such full execution. No oral agreements, amendments, 25 modifications or waivers are intended or authorized and shall not be implied from any 26 act or course of conduct of any party. This resolution is rescinded if the parties to the 27 contract fail to execute it within sixty (60) days of the passage of this resolution. 28 � �� ' y 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 2 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR SERVICES WITH AND ISSUANCE OF A PURCHASE 3 ORDER TO WESTBEACH GROUP, INC DBA WEST BEACH SYSTEMS FOR 4 THE BOYS & GIRLS CLUB CCTV SECURITY SYSTEM FOR DELMANN HEIGHTS COMMUNITY CENTER IN THE CITY OF SAN BERNARDINO 5 PER RFQ F-08-23. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor 6 and Common Council of the City of San Bernardino at a 7 meeting thereof, held on the day of 2008, by the following vote, to wit: 8 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 ESTRADA 11 BAXTER 12 BRINKER 13 DERRY 14 15 KELLEY 16 JOHNSON 17 McCAMMACK 18 19 Rachel G. Clark, City Clerk 20 The foregoing resolution is hereby approved this day of ' 2008. 21 22 Patrick J. Morris, Mayor 23 City of San Bernardino 24 25 Approved as to form: 26 27 es F. Penman, City Attorney 28 i BID AND CONTRACT DOCUMENTS For RFQ F-08-23 THE CONSTRUCTION OF Boys & Girls Club CCTV Security system City of San Bernardino Facilities Management Department June.12, 2007 San �.r 0 Bernar � � SM WN v San Bernar Ino SM July 3, 2008 ADDENDUM #1 TO Request for Quotation (RFQ) F-08-23 CCTV Security System Notice is hereby given that the following is incorporated as an Addendum to the Request for Quotation (RFQ) F-08-23 1 . What is the engineer's estimate for the CCTV Security System for the Delmann Heights project? Answer. $15,000 2. Is a contractor required to have both a C-7 and C-10 license in order to be awarded this contract? Answer: No a C-10 only is adequate, however the contractor will be required to show experience as required by the specifications. A 8-1 license will also be allowed but must show experience as required by the specifications or have a C-7 subcontractor with the required experience. 3. Would just a C-10 license be adequate? Answer' A C-10 only is adequate, however the contractor will be required to show experience as required by the specifications. V 4. Would the City prefer twelve (12) exterior cameras, instead of the eight (8) that are listed in the bid? Answer: 8 cameras will remain the bid number as stated in the specification. It will be up to the contractor to best cover the areas with 8 cameras. Bidding additional cameras is at the discretion of the contractor but, the bid price comparison will be done based on the total bid price (8 cameras system required by the specifications). So-r_ Deborah Morrow Purchasing Manager City of San Bernardino, Finance f �.1 OF Sao Heroarriflo SM July 3, 2008 ADDENDUM #2 TO Request for Quotation (RFQ) F-08-23 CCTV Security System Notice is hereby given that the following changes, additions, or deletions are incorporated as an Addendum to the Request for Quotation (RFQ) F-08-23 See attached General Decision: CA20080037 "Prevailing Wage Schedule" dated 06/24/08. Sincerely, Deborah Morrow Purchasing Manager City of San Bernardino, Finance WAIS Document Retrieval Page 1 of 21 GENERAL DECISION: CA20080037 06/20/2008 CA37 Date: June 20, 2008 General Decision Number: CA20080037 06/20/2008 Superseded General Decision Number: CA20070037 State: California Construction Types: Building, Heavy (Heavy and Dredging) and Highway County: San Bernardino County in California. BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work) ; HEAVY CONSTRUCTION PROJECTS (does not include water well drilling) ; HIGHWAY CONSTRUCTION PROJECTS Modification Number Publication Date 0 02/08/2008 1 02/15/2008 2 02/22/2008 3 02/29/2008 4 03/07/2008 - 5 03/28/2008 6 04/04/2008 7 04/11/2008 8 05/09/2008 9 06/20/2008 ASBE0005-002 08/07/2007 Rates Fringes Asbestos Workers/Insulator (Includes the application of all insulating materials, protective coverings, coatings, and finishes to all types of mechanical systems) . . . . .$ 37.01 10.84 Fire Stop Technician (Application of Firestopping Materials for wall openings and penetrations in walls, floors, ceilings and curtain walls) . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 20.76 10.23 ---------------------------------------------------------------- ASBE0005-004 08/07/2006 Rates Fringes Asbestos Removal worker/hazardous material handler (Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials from WAIS Document Retrieval Page 2 of 21 mechanical systems, whether they contain asbestos or not) . . . .$ 19.55 6.38 ---------------------------------------------------------------- BOIL0092-003 10/01/2007 Rates Fringes BOILERMAKER. . . . . . . . . . . . . . . . . . . . . .$ 37.99 18.11 ---------------------------------------------------------------- BRCA0004-011 05/01/2008 Rates Fringes Bricklayer; Marble Setter. . . . . . . .$ 34.08 9.70 ---------------------------------------------------------------- BRCA0018-004 06/01/2007 Rates Fringes MARBLE FINISHER. . . . . . . . . . . . . . . . . .$ 24.02 8.41 TILE FINISHER. . . . . . . . . . . . . . . . . . . .$ 19.82 7.51 Tile Layer. . . . . . . . . . . . . . . . . . . . . . .$ 30.55 11.62 ---------------------------------------------------------------- BRCA0018-010 10/08/2007 Rates Fringes TERRAZZO FINISHER. . . . . . . . . . . . . . . .$ 25.54 8.62 TERRAZZO WORKER/SETTER. . . . . . . . . . .$ 32.63 9.41 ---------------------------------------------------------------- CARP0409-001 07/01/2007 Rates _ Fringes CARPENTER (1) Carpenter, Cabinet Installer, Insulation Installer, Hardwood Floor Worker and acoustical installer. . . . . . . . . . . . . . . . . . .$ 35.51 9.20 (2) Millwright. . . . . . . . . . . . . .$ 36.01 9.20 (3) Piledriver/Derrick Bargeman, Bridge or Dock Carpenter, Heavy Framer, Rock Bargeman or Scowman, Rockslinger, Shingler (Commercial) . . . . . . . . . . . . . . . .$ 35.64 9.20 (4) Pneumatic Nailer, Power Stapler. . . . . . . . . . . . . . .$ 35.76 9.20 (5) Sawfil6r. . . . . . . . . . . . . . .$ 35.60 9.20 (6) Scaffold Builder. . . . . . .$ 27.46 9.20 (7) Table Power Saw Operator. . . . . . . . . . . . . . . . . . . .$ 35.61 9.20 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 WAIS Document Retrieval Page 3 of 21 piledrivers) : $0.13 per hour additional. Certified Welder - $1.00 per hour premium. ---------------------------------------------------------------- CARP0409-002 07/01/2007 Rates Fringes Diver (1) Wet. . . . . . . . . . . . . . . . . . . . .$ 634.24 8.20 (2) Standby. . . . . . . . . . . . . . . . .$ 317.12 8.20 (3) Tender. . . . . . . . . . . . . . . . . .$ 309.12 8.20 (4) Assistant Tender. . . . . . . .$ 285.12 8.20 Amounts in "Rates' column are per day ---------------------------------------------------------------- CARP0409-005 07/01/2007 Rates Fringes Drywall DRYWALL INSTALLER/LATHER. . . .$ 35.51 9.17 STOCKER/SCRAPPER. . . . . . . . . . . .$ 10.00 6.56 ---------------------------------------------------------------- CARP0409-008 01/01/2007 Rates Fringes Modular Furniture Installer. . . . . .$ 18.25 7.16 ---------------------------------------------------------------- ELEC0011-002 12/05/2006 COMMUNICATIONS AND SYSTEMS WORK Rates Fringes Communications System Installer. . . . . . . . . . . . . . . . . . .$ 24.43 3%+7.60 Technician. . . . . . . . . . . . . . . . . .$ 26.23 3%+7.60 SCOPE OF WORK: Installation, testing, service and maintenance of systems utilizing the transmission and/or transference of voice, sound, vision and digital for commercial, educational, security and entertainment purposes for the following: TV monitoring and surveillance, background-foreground music, intercom and telephone interconnect, inventory control systems, microwave transmission, multi-media, multiplex, nurse call systems, radio page, school intercom and sound, burglar alarms, fire alarm (see last paragraph below) and low voltage master clock systems in commercial buildings. Communication Systems that transmit or receive information and/or control systems that are intrinsic to the above listed systems; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding all other data systems or multiple systems which C I include control function or power supply; excluding installation of raceway systems, conduit systems, line voltage work, and energy management systems. Does not cover work performed at China Lake Naval Ordnance Test Station. Fire alarm work shall be performed at the current WAIS Document Retrieval Page 4 of 21 ^ inside wireman total cost package. ---------------------------------------------------------------- v * ELEC0477-002 06/04/2008 Rates Fringes Electricians: Electrician. . . . . . . . . . . . . . . . .$ 34.35 3%+14.35 CABLE SPLICER: $1.00 per hour above Electrician rate. TUNNEL WORK: 10% above Electrician rate. ZONE PAY: Zone A - 80 road miles from Post Office, 455 Orange Show Lane, San Bernardino, will be a free zone for all contractors Zone B - Any work performed outside Zone A's 80 road miles, shall add $8.00 per hour to the current wage scale. ---------------------------------------------------------------- ELEC1245-001 06/01/2007 Rates Fringes LINE CONSTRUCTION (1) Lineman; Cable splicer. .$ 41.02 12 .22 (2) Equipment specialist (operates crawler tractors, commercial motor vehicles, backhoes, trenchers, cranes (50 tons and below) , and overhead and underground distribution line - - equipment) . . . . . . . . . . . . . . . . . .$ 33.24 11.17 (3) Groundman. . . . . . . . . . . . . . .$ 25.42 10.89 (4) Powderman. . . . . . . . . . . . . . .$ 37.16 11.34 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 01/01/2008 Rates Fringes ELEVATOR MECHANIC. . . . . . . . . . . . . . . .$ 43.10 16.285 FOOTNOTE: PAID VACATION: Employer contributes 8% of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service. PAID HOLIDAYS: New Years Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day. ---------------------------------- ------------------------------ ENGI0012-003 07/09/2007 Rates Fringes POWER EQUIPMENT OPERATOR (All WAIS Document Retrieval Page 5 of 21 Other Work) GROUP 1. . . . . . . . . . . . . . . . . . . .$ 33.65 15.82 GROUP 2. . . . . . . . . . . . . . . . . . . .$ 34.43 15.82 GROUP 3. . . . . . . . . . . . . . . . . . . .$ 34.72 15.82 GROUP 4. . . . . . . . . . . . . . . . . . . .$ 36.21 15.82 GROUP 5. . . . . . . . . . . . . . . . . .$ 37.31 15.82 GROUP 6. . . . . . . . . . . . . . . . . . . .$36.43 15.82 GROUP 7. . . . . . . . . . . . . . . . . . . .$ 37.53 15.82 GROUP 8. . . . . . . . . . . . . . . . . . . .$ 36.54 15.82 GROUP 9. . . . . . . . . . . . . . . . . . . .$ 37.64 15.82 GROUP 10. . . . . . . . . . . . . . . . . . . .$ 36.66 15.82 GROUP 11. . . . . . . . . . . . . . . . . . . .$ 37.76 15.82 GROUP 12. . . . . . . . . . . . . . . . . . . .$ 36.83 15.82 GROUP 13. . . . . . . . . . . . . . . . . . . .$ 36.93 15.82 GROUP 14. . . . . . . . . . . . . . . . . . . .$ 36.96 15.82 GROUP 15. . . . . . . . . . . . . . . . . . . .$ 37.04 15.82 GROUP 16. . . . . . . . . . . . . . . . . . . .$ 37.16 15.82 GROUP 17. . . . . . . . . . . . . . . . . . . .$ 37.33 15.82 GROUP 18 . . . . . . . . . . . . . . . . . . . .$ 37.43 15.82 GROUP 19. . . . . . . . . . . . . . . . . . . .$ 37.54 15.82 GROUP 20. . . . . . . . . . . . . . . . . . . .$ 37.66 15.82 GROUP 21. . . . . . . . . . . . . . . . . . . .$ 37.83 15.82 GROUP 22. . . . . . . . . . . . . . . . . . . .$ 37.93 15.82 GROUP 23. . . . . . . . . . . . . . . . . . . .$ 38.04 15.82 GROUP 24 . . . . . . . . . . . . . . . . . . . .$ 38.1E 15.82 GROUP 25. . . . . . . . . . . . . . . . . . . .$ 38.33 15.82 POWER EQUIPMENT OPERATOR (Cranes, Piledriving & Hoisting) GROUP 1. . . . . . . . . . . . . . . . . . . .$ 35.00 15.82 GROUP 2. . . . . . . . . . . . . . . . . . . .$ 35.78 15.82 GROUP 3. . . . . . . . . . . . . . . . . . . .$ 36.07 15.82 GROUP 4. . . . . . . . . . . . . . . . . . . .$ 36.21 15.82 GROUP 5. . . . . . . . . . . . . . . . . . . .$ 36.43 15.82 GROUP 6. . . . . . . . . . . . . . . . . . . .$ 36.54 15.82 GROUP 7. . . . . . . . . . . . . . . . . . . .$ 36.66 15.82 GROUP 8. . . . . . . . . . . . . . . . . . . .$ 36.83 15.82 GROUP 9. . . . . . . . . . . . . . . . . . . .$ 37.00 15.82 GROUP 10. . . . . . . . . . . . . . . . . . . .$ 38.00 15.82 GROUP 11. . . . . . . . . . . . . . . . . . . .$ 39.00 15.82 GROUP 12. . . . . . . . . . . . . . . . . . . .$ 40.00 15.82 GROUP 13. . . . . . . . . . . . . . . . . . . .$ 41.00 15.82 POWER EQUIPMENT OPERATOR (Tunnel Work) GROUP 1. . . . . . . . . . . . . . . . . . . .$ 35.50 15.82 GROUP 2. . . . . . . . . . . . . . . . . . . .$ 36.28 15.82 GROUP 3 . . . . . . . . . . . . . . . . . . . .$ 36.57 15.82 GROUP 4. . . . . . . . . . . . . . . . . . . .$ 36.71 15.82 GROUP 5. . . . . . . . . . . . . . . . . . . .$ 36.93 15.82 GROUP 6. . . . . . . . . . . . . . . . . . . .$ 37.04 15.82 GROUP 7 . . . . . . . . . . . . . . . . . . . .$ 37.16 15.82 FOOTNOTES: PREMIUM PAY of $3.75 per hour shall be paid on all power equipment operator work at Camp Pendleton, Point Arguello, and Vandenburg AFB. 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. }�1tr•//fi�LP�1f10*P nrnaee r n nnv/rrri_hir/nn4ai... . .;7 71.« ...e-T _.: 12......_ WAIS Document Retrieval Page 6 of 21 r POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch Witch, with seat or similar type equipment; Elevator operator-inside; Engineer Oiler; Forklift operator (includes loed, lull or similar types under 5 tons; Generator operator; Generator, pump or compressor plant operator; Pump operator; Signalman; Switchman GROUP 2: Asphalt-rubber plant operator (nurse tank operator) ; Concrete mixer operator-skip type; Conveyor operator; Fireman; Forklift operator (includes Toed, 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; Horizontal Directional Drilling Machine; Hydra-hammer-aero stomper; Micro Tunneling (above ground tunnel) ; Power concrete curing machine operator; Power concrete saw operator; Power-driven jumbo form setter operator; Power sweeper operator; Rock wheel Saw/Trencher; Roller operator (compacting) ; Screed operator (asphalt or concrete) ; Trenching machine operator (up to 6 ft.) ; Vacuum or much truck GROUP 5: Equipment Greaser (Grease Truck/Multi Shift) . GROUP 6: Articulating material hauler; Asphalt plant engineer; Batch plant operator; Bit sharpener; Concrete joint machine operator (canal and similar type) ; Concrete planer operator; Dandy digger; Deck engine operator; Derrickman (oilfield type) ; Drilling machine operator, bucket or auger types (Calweld 100 bucket or similar types - Watson 1000 auger or similar types - Texoma 330, 500 or 600 auger or similar types - drilling depth of 45' maximum) ; Drilling machine operator; Hydrographic seeder machine operator (straw, pulp or seed) , Jackson track maintainer, or similar type; Kalamazoo Switch tamper, or 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 http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA20OR___ 7/,)nnnQ WAIS Document Retrieval Page 7 of 21 . (below ground) ; Pavement breaker operator (truck mounted) ; Road oil mixing machine operator; Roller operator (asphalt 4 or finish) , rubber-tired earth moving equipment (single engine, up to and including 25 yds. struck) ; Self-propelled 9 tar pipelining machine operator; Skiploader operator (crawler and wheel type, over 3/4 yd. and up to and including 1-1/2 yds. ) ; Slip form pump operator (power driven hydraulic lifting device for concrete forms) ; ___ Tractor operator-bulldozer, tamper-scraper (single engine, up to 100 h.p. flywheel and similar types, up to and including D-5 and similar types) ; Tugger hoist operator (1 drum) ; Ultra high pressure waterjet cutting tool system operator; Vacuum blasting machine operator GROUP 7: Welder - General GROUP 8: Asphalt or concrete spreading operator (tamping or finishing) ; Asphalt paving machine operator (Barber Greene or similar type) ; Asphalt-rubber distribution operator; Backhoe operator (up to and including 3/4 yd. ) , small ford, Case or similar; Cast-in-place pipe laying machine operator; Combination mixer and compressor operator (gunite work) ; Compactor operator (self-propelled) ; Concrete mixer operator (paving) ; Crushing plant operator; Drill Doctor; Drilling machine operator, Bucket or auger types (Calweld 150 bucket or similar types - Watson 1500, 2000 2500 auger or similar types - Texoma 700, 800 auger or similar types - drilling depth of 60' maximum) ; Elevating grader operator; Grade checker; Gradall operator; Grouting machine operator; Heavy-duty repairman; Heavy equipment robotics operator; Kalamazoo balliste regulator or similar type; Kolman belt loader and similar type; Le Tourneau blob compactor or similar type; Loader operator (Athey, Euclid, Sierra and similar types) ; Mobark Chipper or similar; Ozzie padder or similar types; P.C. slot saw; Pneumatic concrete placing machine operator (Hackley-Presswell or similar type) ; 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, manufacturers rating) ; trenching Machine with Road Miner attachment (over 6 ft depth capacity) : Ultra high pressure waterjet cutting tool system mechanic; Water pull (compaction) operator httn_//frwebpate_accesc_P-no-gov/(:41-bin/iTP.trin(-. n Inno 17i11i1)nno d000lk- WAIS Document Retrieval Page 8 of 21 J GROUP 9: Heavy Duty Repairman GROUP 10: Drilling machine operator, Bucket or auger types (Calweld 200 B bucket or similar types-Watson 3000 or 5000 auger or similar types-Texoma 900 auger or similar types-drilling depth of 105' maximum) ; Dual drum mixer, dynamic compactor LDC350 (or similar types) ; Monorail locomotive operator (diesel, gas or electric) ; Motor patrol-blade operator (single engine) ; Multiple engine tractor operator (Euclid and similar type-except Quad 9 cat.) ; Rubber-tired earth-moving equipment operator (single engine, over 50 yds. struck) ; Pneumatic pipe ramming tool and similar types; Prestressed wrapping machine operator; Rubber-tired earth-moving equipment operator (single engine, over 50 yds. struck) ; Rubber tired earth moving equipment operator (multiple engine, Euclid, caterpillar and similar over 25 yds. and up to 50 yds. struck) , Tower crane repairman; Tractor loader operator (crawler and wheel type over 6-1/2 yds. ) ; Woods mixer operator (and similar - Pugmill equipment) GROUP 11: Heavy Duty Repairman - Welder Combination, Welder - Certified. GROUP 12: Auto grader operator; Automatic slip form operator; Drilling machine operator, bucket or auger types (Calweld, auger 200 CA or similar types - Watson, auger 6000 or similar types - Hughes Super Duty, auger 200 or similar types - drilling depth of 175' maximum) ; Hoe ram or similar with compressor; Mass excavator operator less tha 750 cu. yards; Mechanical finishing machine operator; Mobile form traveler operator; Motor patrol operator (multi-engine) ; Pipe mobile machine operator; Rubber-tired earth- moving equipment operator (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) ; Rubber-tired self- loading scraper operator (paddle-wheel-auger type self-loading - two (2) or more units) GROUP 13: Rubber-tired earth-moving equipment operator operating equipment with push-pull system (single engine, up to and including 25 yds. struck) GROUP 14: Canal liner operator; Canal trimmer operator; Remote- control earth-moving equipment operator (operating a second piece of equipment: $1.00 per hour additional) ; Wheel excavator operator (over 750 cu. yds.) GROUP 15: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck) ; Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine-up to and including 25 yds. struck) GROUP 16: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, over 50 yds. struck) ; Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 WAIS Document Retrieval Page 9 of 21 ` yds. and up to 50 yds. struck) GROUP 17: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 50 cu. yds. struck) ; Tandem tractor operator (operating crawler type tractors in tandem - Quad 9 and similar type) GROUP 18: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar ' types in any combination, excluding compaction units - single engine, up to and including 25 yds. struck) GROUP 19: Rotex concrete belt operator (or similar types) ; Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds.and up to and including 50 cu. yds. struck) ; Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, up to and including 25 yds. struck) GROUP 20: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, over 50 yds. struck) ; Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps, and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 21: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) GROUP 22: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, up to and including 25 yds. struck) GROUP 23: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck) ; Rubber-tired earth-moving equipment operator, operating with the tandem push-pull system (multiple engine, up to and including 25 yds. struck) GROUP 24 : Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, over 50 yds. struck) ; Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) httn-HfrlpVehcrAte...gr.re.CC ornn anv/[.ai_hin/vPtrInr. roi�r�}�namP—Tl�tric_T2�rnnR,A.,..;,�sn�nno 7hhAAo WAIS.Document Retrieval Page 10 of 21 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 Toed, lull or similar types) GROUP 2: Truck crane oiler GROUP 3: A-frame or winch truck operator; Ross carrier operator (jobsite) GROUP 4 : Bridge-type unloader and turntable operator; Helicopter hoist operator GROUP 5: Hydraulic boom truck; Stinger crane (Austin-Western or similar type) ; Tugger hoist operator (1 drum) GROUP 6 : Bridge crane operator; Cretor crane operator; Hoist operator (Chicago boom and similar type) ; Lift mobile operator; Lift slab machine operator (Vagtborg and similar types) ; Material hoist and/or manlift operator; Polar gantry crane operator; Self Climbing scaffold (or similar type) ; Shovel, backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5 cu. yds. mrc) ; Tugger hoist operator GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cu. yds. mrc) ; Tower crane repair; Tugger hoist operator (3 drum) GROUP 8: Crane operator (up to and including 25 ton capacity) ; Crawler transporter operator; Derrick barge operator (up to and including 25 ton capacity) ; Hoist operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity) ; Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds. , M.R.C.) GROUP 9: Crane operator (over 25 tons and up to and including 50 tons mrc) ; Derrick barge operator (over 25 tons up to and including 50 tons mrc) ; Highline cableway operator; Hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including 50 tons mrc) ; K-crane operator; Polar crane operator; Self erecting tower crane operator maximum lifting capacity ten tons GROUP 10: Crane operator (over 50 tons and up to and including 100 tons mrc) ; Derrick barge operator (over 50 tons up to and including 100 tons mrc) ; Hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to and including 100 tons mrc) , Mobile tower crane operator (over 50 tons, up to and including 100 tons M.R.C. ) ; 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, lhttn•//fnwehoate nnnPcc onn A)nno P7i1111%nn0 i WAIS Document Retrieval Page 11 of 21 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) ; g 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 ---------------------------------------------------------------- ENGI0012-004 08/01/2007 Rates Fringes POWER EQUIPMENT OPERATOR (DREDGING) (1) Leverman. . . . . . . . . . . . . . . .$ 41.65 15.82 (2) Dredge dozer. . . . . . . . . . . .$ 37.18 15.82 (3) Deckmate. . . . . . . . . . . . . . . .$ 37.07 15.82 (4) Winch operator (stern winch on dredge) . . . . . . . . . . . .$ 36.52 15.82 (5) Fireman-Oiler, Deckhand, Bargeman, ) httn•//fnwPhaatP arrraee WAIS Document Retrieval Page 12 of 21 Leveehand. . . . . . . . . . . . . . . . . . 35.98 15.82 (6) Barge Mate. . . . . . . . . . . . . .$ 36.59 15.82 --------------------------------------------------------- ------- IRON0002-004 07/01/2007 Rates Fringes Ironworkers: Fence Erector. . . . . . . . . . . . . . .$ 29.62 20.915 Ornamental, Reinforcing and Structural. . . . . . . . . . . . . .$ 30.51 20.915 PREMIUM PAY: $3 .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 $2 .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 $1.00 additional per hour at the following locations: Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock ---------------------------------------------------------------- LAB00300-001 07/01/2007 Rates Fringes Brick Tender. . . . . . . . . . . . . . . . . . . . .$ 25.47 13.25 ---------------------------------------------------------------- LAB00300-003 07/01/2007 Rates Fringes LABORER: Gunite GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 27.79 16.62 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 26.84 16.62 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 23.30 16.62 Laborer: Tunnel GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 29A4 13 .54 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 29.36 13.54 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 29.82 13.54 GROUP 4 . . . . . . . . . . . . . . . . . . . . .$ 30.51 13.54 Laborers: GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 24.63 13.25 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 25.18 13.25 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 25.73 13.25 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 27.28 13.25 GROUP 5. . . . . . . . . . . . . . . . . . . . .$ 27.63 13.25 WAIS.Document Retrieval Page 13 of 21 FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a Bosn'n's Chair or suspended from a rope or cable shall receive 40 cents per hour above the foregoing applicable classification rates. Workers doing gunite and/or shotcrete work in a tunnel shall receive 35 cents per hour above the foregoing applicable classification rates, paid on a portal-to-portal basis. Any work performed on, in or above any smoke stack, silo, storage elevator or similar type of structure, when such structure is in excess of 75'-0" above base level and which work must be performed in whole or in part more than 75'-0" above base level, that work performed above the 75'-0" level shall be compensated for at 35 cents per hour above the applicable classification wage rate. LABORER CLASSIFICATIONS GROUP 1: Cleaning and handling of panel forms; Concrete screeding for rough strike-off; Concrete, water curing; Demolition laborer, the cleaning of brick if performed by a worker performing any other phase of demolition work, and the cleaning of lumber; Fire watcher, limber, brush loader, piler and debris handler; Flag person; Gas, oil and/or water pipeline laborer; Laborer, asphalt-rubber material loader; Laborer, general or construction; Laborer, general clean-up; Laborer, landscaping; Laborer, jetting; Laborer, temporary water and air lines; Material hose operator (walls, slabs, floors and decks) ; Plugging, filling of shee bolt holes; Dry packing of concrete; Railroad maintenance, repair track person and road beds; Streetcar and railroad construction track laborers; Rigging and signaling; Scaler; Slip form raiser; Tar and mortar; Tool crib or tool house laborer; Traffic control by any method; Window cleaner; Wire mesh pulling - all concrete pouring operations GROUP 2:. Asphalt shoveler; Cement dumper (on 1 yd. or larger mixer and handling bulk cement) ; Cesspool digger and installer; Chucktender; Chute handler, pouring concrete, the handling of the chute from readymix trucks, such as walls, slabs, decks, floors, foundation, footings, curbs, gutters and sidewalks; Concrete curer, impervious membrane and form oiler; Cutting torch operator (demolition) ; Fine grader, highways and street paving, airport, runways and similar type heavy construction; Gas, oil and/or water pipeline wrapper - pot tender and form person; Guinea chaser; Headerboard person - asphalt; Laborer, packing rod steel and pans; Membrane vapor barrier installer; Power 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, WAIS Document Retrieval Page 14 of 21 _ pot person and workers applying asphalt, lay-kold, creosote, lime caustic and similar type materials ("applying" means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing) ; Operator of pneumatic, gas, electric tools, vibrating machine, pavement breaker, air blasting, come-alongs, and similar mechanical tools not separately classified herein; Pipelayer's backup person, coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; Rock slinger; Rotary scarifier or multiple head concrete chipping scarifier; Steel headerboard and guideline setter; Tamper, Barko, Wacker and similar type; Trenching machine, hand-propelled GROUP 4 : Asphalt raker, lute person, ironer, asphalt dump person, and asphalt spreader boxes (all types) ; Concrete core cutter (walls, floors or ceilings) , grinder or sander; Concrete saw person, cutting walls or flat work, scoring old or new concrete; Cribber, shorer, lagging, sheeting and trench bracing, hand-guided lagging hammer; Head rock slinger; Laborer, asphalt- rubber distributor boot person; Laser beam in connection with laborers' work; Oversize concrete vibrator operator, 70 lbs. and over; Pipelayer performing all services in the laying and installation of pipe from the point of receiving pipe in the ditch until completion of operation, including any and all forms of tubular material, whether pipe, metallic or non-metallic, conduit and any other stationary type of tubular device used for the conveying of any substance or element, whether water, sewage, solid gas, air, or other product whatsoever and without regard to the nature of material from which the tubular material is fabricated; No-joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster (nozzle person) , water blasting, Porta Shot-Blast GROUP 5: Blaster powder, all work of loading holes, placing and blasting of all powder and explosives of whatever type, regardless of method used for such loading and placing; Driller: All power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all other types of mechanical drills without regard to the form of motive power; Toxic waste removal TUNNEL LABORER CLASSIFICATIONS GROUP 1: Batch plant laborer; Bull gang mucker, track person; Changehouse person; Concrete crew, including rodder and spreader; Dump person; Dump person (outside) ; Swamper (brake person And switch person on tunnel work) ; Tunnel materials handling person GROUP 2: Chucktender, cabletender; Loading and unloading agitator cars; Nipper; Pot tender, using mastic or other materials (for example, but not by way of limitation, shotcrete, etc. ) ; Vibrator person, jack hammer, pneumatic tools (except driller) GROUP 3: Blaster, driller, powder person; Chemical grout jet person; Cherry picker person; Grout gun person; Grout mixer htin•//frwehoate arnecc onn anv/rui-hin/aetrinr.coi9rlhname=llavic_RarnnRsr�ncir�=('A�nnft �i�nnnQ WAIS Document Retrieval Page 15 of 21 person; Grout pump person; Jackleg miner; Jumbo person; Kemper and other pneumatic concrete placer operator; Miner, -' tunnel (hand or machine) ; Nozzle person; Operating of troweling and/or grouting machines; Powder person (primer a 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 6 GUNITE LABORER CLASSIFICATIONS GROUP 1: Nozzle person and rod person GROUP 2: Gun person GROUP 3: Rebound person ---------------------------------------------------------------- LAB00300-008 08/01/2007 c Rates Fringes Plaster Clean-up Laborer. . . . . . . . .$ 24 .90 13.20 Plasterer tender. . . . . . . . . . . . . . . . .$ 27.45 13.20 i Work at Military Bases - $3.00 additional per hour: Coronado Naval Amphibious Base, Fort Irwin, George AFB, Marine Corps Air Station-29 Palms, Imperial Beach Naval Air Station, Marine Corps Logistics Supply Base, Marine Corps Pickle Meadows, Mountain Warfare Training Center, Naval Air Facility-Seeley, North Island Naval Air Station, Vandenberg AFB. ---------------------------------------------------------------- LAB00882-002 01/01/2008 Rates Fringes Asbestos Removal Laborer. . . . . . . . .$ 25.15 12.25 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. ---------------------------------------------------------------- LAB01184-001 07/01/2007 Rates Fringes Laborers: (HORIZONTAL DIRECTIONAL DRILLING) (1) Drilling Crew Laborer. . .$ 25.44 8.81 (2) Vehicle Operator/Hauler.$ 25.61 8.81 (3) Horizontal Directional Drill Operator. . . . . . . . . . . . . .$ 27.46 8.81 f} (4) Electronic Tracking Locator. . . . . . . . . . . . . . . . . . . . .$ 29.46 8.81 httn•//frWPhoAtP nrrPCC ornn (Ynv/roi_hin/oPtAnr A Irmo '7/')»nn0 WAIS.Document Retrieval Page 16 of 21 Laborers: (STRIPING/SLURRY SEAL) GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 26.39 11.47 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 27.69 11.47 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 29.70 11.47 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 31.44 11.47 LABORERS - STRIPING CLASSIFICATIONS GROUP 1: Protective coating, pavement sealing, including repair and filling of cracks by any method on any surface in parking lots, game courts and playgrounds; carstops; operation of all related machinery and equipment; equipment repair technician GROUP 2: Traffic surface abrasive blaster; pot tender - removal of all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc. ) and preparation of surface for coatings. Traffic control person: controlling and directing traffic through both conventional and moving lane closures; operation of all related machinery and equipment GROUP 3 : Traffic delineating device applicator: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers,, other traffic delineating devices including traffic control. This category includes all traffic related surface preparation (sandblasting, waterblasting, grinding) as part of the application process. Traffic protective delineating system installer: removes, relocates, installs, permanently affixed roadside and parking delineation barricades, fencing, cable anchor, guard rail, reference signs, monument markers; operation of all related machinery and equipment; power broom sweeper GROUP 4: Striper: layout and application of traffic stripes and markings; hot thermo plastic; tape traffic stripes and markings, including traffic control; operation of all related machinery and equipment ---------------------------------------------------------------- PAIN0036-001 07/01/2007 Rates Fringes Painters: (Including Lead Abatement) (1) Repaint. . . . . . . . . . . . . . . . .$ 25.20 8.14 (2) All Other Work. . . . . . . . . .$ 28.47 8.14 REPAINT of any structure with the exception of work involving the aerospace industry, breweries, commercial recreational facilities, hotels which operate commercial establishments as part of hotel service, and sports facilities, tenant improvement work not included in conjunction with the construction of the building and all repainting of tenant improvement projects. ---------------------------------------------------------------- PAIN0036-008 10/01/2007 U +—//4ZP"n1 —+n n-- min nnv/rni_hin/no4�nn rm7�hn�ma=nwi�_12�nnn Q.,inni��`A7nn4 /�/�nn4 WAIS Document Retrieval Page 17 of 21 Rates Fringes s DRYWALL FINISHER/TAPER. . . . . . . . . . .$ 31.64 10.87 ---------------------------------------------------------------- PAIN0036-015 06/01/2007 Rates Fringes GLAZIER. . . . . . . . . . . . . . . . . . . . . . . . . .$ 33.30 13.53 FOOTNOTE: Additional $1.25 per hour for work in a condor, from the third (3rd) floor and up Additional $1.25 per hour for work on the outside of the building from a swing stage or any suspended contrivance, from the ground up ---------------------------------------------------------------- PAIN1247-002 05/01/2008 Rates Fringes SOFT FLOOR LAYER. . . . . . . . . . . . . . . . .$ 29.85 9.04 ---------------------------------------------------------------- PLAS0200-008 01/01/2005 Rates Fringes PLASTERER. . . . . . . . . . . . . . . . . . . . . . . .$ 28.29 7.46 FORT IRWIN; GEORGE AIR FORCE BASE; MARINE CORPS AIR STATION 29 PALMS, AND MARINE CORPS LOGISTICS SUPPLY BASE: $3.00 --additional per hour. ---------------------------------------------------------- PLAS0500-002 07/01/2007 Rates Fringes CEMENT MASON/CONCRETE FINISHER. . .$ 28.00 16.45 ---------------------------------------------------------------- PLUM0016-002 01/01/2008 Rates Fringes PLUMBER, PIPEFITTER, STEAMFITTER (1) Work on strip malls, light commercial, tenant improvement and remodel work. . . . . . . . . . . . . . . . . . . . . . . .$ 26.21 13.54 (2) Work on new additions and remodeling of bars, restaurants, stores and commercial buildings, not to exceed 5,000 sq. ft. of floor space. . . . . . . . . . . . . . . . .$ 32.84 14.93 (3) All other work. . . . . . . . . .$ 33.86 15.91 (4) Work at Edwards AFB and George AFB. . . . . . . . . . . . . .$ 38.36 15.91 (5) Work at Fort Irwin Army Base, Marine Corps Logistic Base at Nebo, Marine Corps Logistic Base httD:Hfiweb2ate.access.Lno.Lov/cgi-bin/Qetdnr roi?iihnan,P—t)a unt-f%,, YAI%^;A==i—A')AAQ '7111i1%nn0 WAIS Document Retrieval Page 18 of 21 at Yermo and Twenty-Nine Palms Marine Base. . . . . . . . . . .$ 40.86 15.91 PLUM0345-001 01/01/2008 Rates Fringes PLUMBER Landscape/Irrigation Fitter.$ 25.18 12.66 Sewer & Storm Drain Work. . . .$ 22.99 14.79 ----------------------------------------------------------- ROOF0036-002 08/01/2007 Rates Fringes ROOFER. . . . . . . . . . . . . . . . . . . . . . . . . . .$ 29.90 7.27 FOOTNOTE: Pitch premium: Work on which employees are exposed to pitch fumes or required to handle pitch, pitch base or pitch impregnated products, or any material containing coal tar pitch, the entire roofing crew shall receive $1.75 per hour "pitch premium" pay. ---------------------------------------------------------------- SFCA0669-009 04/01/2008 Does not include the northern part of the City of Chino, or the Cities of Montclair and Ontario Rates Fringes SPRINKLER FITTER. . . . . . . . . . . . . . . . .$ 32.85 15.05 ---------------------------------------------------------------- SFCA0709-004 09/01/2007 THE NORTHERN PART OF THE CITY OF CHINO, AND THE CITIES OF MONTCLAIR AND ONTARIO: Rates Fringes SPRINKLER FITTER (Fire) . . . . . . . . . .$ 35.68 18.50 ---------------------------------------------------------------- SHEE0105-003 01/01/2008 LOS ANGELES (South of a straight line drawn between Gorman and Big Pines)and Catalina Island, INYO, KERN (Northeast part, East of Hwy 395) , MONO ORANGE, RIVERSIDE, AND SAN BERNARDINO COUNTIES Rates Fringes Sheet metal worker (1) Commercial - New Construction and Remodel work. . . . . . . . . . . . . . . . . . . . . . . .$ 37.08 14 .61 (2) Industrial work including air pollution control systems, noise abatement, hand rails, guard rails, excluding aritechtural sheet metal work, excluding A-C, http://fiwebgate.access.gpo.gov/cizi-bin/getdoc.c2i?dbname=Davis-Bacon&docid=CA90OR 7/9/1)nnR ' _ WAI8Docoroeot Retrieval Page 19 of 21 � heating, ventilating ' systems for human comfort. . .$ 32.0I 19'92 -------------'----------------'--------------------------------- rEAM0011-002 07/01/2007 Rates Fringes Truck drivers: GROUP 1. . . . ' . . . . . ' ' ' . . ' ' . ' '$ 25'44 17.39 GROUP 2. . . . . . . . . ' . . ' . . . . . . .$ 25.59 17'39 Ga[nJ9 3. ' . ' . . . . . ' . . . . . . ' . . .$ 25'72 17.39 GROUP «. . . . . . ' . . ' . . . ' . . . . . .$ 25.91 17.39 GROUP s. . . . . . . ' . . . . . . . ' . . . .$ 25'94 17'39 GROUP 6. . . . . . . . . ' . . . . . . . . . .$ 25.97 17.39 ' oaODg 7. . . . . . . . . . . . . . . . ' . . .$ 26'22 17.39 oaoor o. . . . . . . . . . . . . . . . . . . .$ e6.47 17.39 aaODr g. . . . . . . . . . . . . . . . . . . .$ 26'67 17.39 GROUP 1o. . . . . . . . . . . . . . . ' . . . '$ 26.97 17.39 GROUP 1z. . . . . . . . . . . . . . . . . . . .$ 27.47 17.39 GROUP 12 . . . . . . . . . . . . . . . . . . . .$ 27.90 17.39 WORK ON ALL mzLrrARr BA3ss. PooMznm PAY. $3.00 per hour additional . [zs palms Marine Base, camp Roberts, China Lake, Edwards arB' Fort Irwin, George AFB, Marine corps Logistics Base at Nebo & rezno' Mountain warfare Training Center, Bridgeport, Point Arguello, Point Conocption, Vandenberg aFo] � TRUCK DRIVERS cLAe8zFzCxcrzomG ' GROUP 1. Truck driver GROUP u: Driver of vehicle or combination of vehicles - u axles; Traffic control pilot oar excluding moving heavy equipment permit load; Truck mounted broom ' Gaonn s, Driver of vehicle or combination of vehicles - a axles; Boot person; Cement mason distribution truck/ Fuel truck driver; water truck - o axle/ Dump truck, less than 16 ydo' water level; Erosion control driver GROUP 4, Driver of transit mix truck, under s yds. ; oonporete truck, less than 6-1/2 yds. water level oaone s, water truck, a or more axles; Truck greaser and tire person ($o.so additional for tire person) ; Pipeline and ' utility working truck dziver, including winch truck and plastic fusion, limited to pipeline and utility work/ Slurry truck driver GROUP 6. Transit mix truck, 3 yds. or more; Domperete truck, a-z/c yds. water level and over; Vehicle or combination of vehicles - y or more axles; Oil spreader truck; Dump truck' 16 yds. to us yds. water level os0Og 7. a Frame' Swedish crane or similar; Forklift driver; aoao carrier driver vz ononp 8: Dump tzzuzb, 25 yds. to 49 yds. water level/ Truck repair person; water pull - single engine; Welder bttp://fiwebizate.uoccou.gom.izmv/o6-bio/mc1dmc'cxd9d6nomne=I)n»in-lRpcomgrtiw~;a=f-A I)unm �/0)11)MO WAIS,Document Retrieval Page 20 of 21 - r 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. 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) ) . ---------------------------------------------------------------- In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: • an existing published wage determination • a survey underlying a wage determination • a Wage and Hour Division letter setting forth a position on a wage determination matter • a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2. ) and 3 . ) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. 1_a�__/IL'-___L_-a_ ------ �- _-__/-__ L'_/_-ate-- --_'(111________-T_. - r _ n • �. ..i..... �.�.�...... WAIS Document Retrieval Page 21 of 21 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. g END OF GENERAL DECISION __.. http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA2008... 7/2/2008 ADMINISTRATION RFP F-08-23 - an Rernar no June 12, 2008 SUBJECT: REQUEST FOR QUOTES (RFQ) F-08-23 The City of San Bernardino (City) invites Bids from qualified vendors for "CCTV Security System for Delmann Heights" Parties interested in obtaining a copy of this RFQ F-08-23 may do so by accessing the City of San Bernardino Web Page at www.sbcity.org > Business > Request for Bids > City Finance on June 12, 2008, or by faxing their request to (909) 384-5043, Attention Sylvia. Please include the following information in your request: name and address of firm; name, telephone and facsimile number of contact person; specify RFQ F-08-23. Bidders are advised that this project is funded with Community Development Block Grant (CDBG) Funds. The requirements of the Davis-Bacon Act will apply to this project and those requirements will enforced. The prime contractor and all subcontactors are required to pay their laborers and mechanics employed under this Contract, a wage not less than minimum wage classification, as specified in both the Federal and State Wage Decision when the Contract amount for the Prime Contract exceeds $2,000. The higher of the two applicable wage classifications, either State Prevailing Wage or Davis- Bacon Federal prevailing Wage, will be enforced for all work under this Contract. The prime contractor is responsible for ensuring subcontractor compliance with Davis- Bacon and related Act Requirements. The Federal Labor Standards Provisions (HUD 4010) apply to this project. Copies of the RFQ may also be obtained by calling Deborah Morrow at (909) 384-5086, Sylvia at (909) 384-5348, or in person at City Hall, 300 N. "D" St., 4th floor Finance Department, San Bernardino, CA 92418. A Mandatory Job Walk will be held at 10:00 AM on June 19, 2008 at 2969 N. Flores Street, San Bernardino CA 92,418 (Delmann Heights Community Center). Late arrivals will not be accepted. Closing Date: Bids must be submitted at or before 3:00 PM, PST, July 10, 2008, at the address listed above. Issuance of this RFQ and/or receipt of Bids does not commit City to award a contract. Sincerely, Deborah Morrow, Purchasing Manager 4 SECTION I INSTRUC-TI0NS-3-O BIDDERS 0 RFP F-08-23 I. INSTRUCTIONS TO BIDDER(S) A. Mandatory Job Walk Will be held at 10:00 AM, on June 19, 2008 at 2969 N. Flores Street, San Bernardino CA 92407, San Bernardino CA 92418. Meet in the parking lot outside of the recreation center. Late arrivals will not be accepted. B. Examination of Bid Documents 1. By submitting a Bid, the Bidder(s) represents that it has thoroughly examined and become familiar with the items required under this RFQ and that it is capable of quality performance to achieve the City's objectives. 2. The City reserves the right to remove from its mailing list for future RFQs, for an undetermined period of time, the name of any Bidder(s) for failure to accept a contract, failure to respond to two (2) consecutive RFQs and/or unsatisfactory performance. Please note that a "No Bid" is considered a response. C. Addenda Any City changes to the requirements will be made by written addendum to this RFQ. Any written addenda issued pertaining to this RFQ shall be incorporated - -into the terms and-conditions-of any-resulting-Purchase-Order. T-he-City-witl-not--- be bound to any modifications to or deviations from the requirements set forth in this RFQ as the result of oral instruction. D. Clarifications -- - --- 1. Examination of Documents Should a Bidder(s) require clarifications of this RFQ, the Bidder(s) shall notify the City in writing in accordance with Section D.2 below. Should it be found that the point in question is not clearly and fully set forth, the City will issue a written addendum clarifying the matter which will be sent to all persons who have requested the RFQ. 2. Submitting Requests a. All questions, clarifications or comments shall be put in writing and must be received by the City no later than 5:00 PM, PST June 26, 2008, and be addressed as follows: City of San Bernardino 300 North "D" Street RFP F-08-23 4th floor, Purchasing Attn: Deborah Morrow San Bernardino, CA 92418 b. The exterior envelope of all requests for clarifications, questions and comments must be clearly labeled, "Not an Offer." The City is not responsible for failure to respond to a request that has not been labeled as such. The City will also accept questions sent by facsimile machines; however, all faxed questions must be received by the City no later than 5:00 PM, PST June 26, 2008. Send facsimile transmissions to (909) 384-5043, attention Deborah Morrow. C. Inquiries received after 5.00 PM, June 26, 2008 will not be accepted. 3. City Responses Responses from the City will be communicated in writing to all recipients of this RFQ, and will be faxed, postmarked and/or posted to our website, www.sbciri.org, no later than close of business July 3, 2008. ------E.--- Submission of Bids -_____-- -- __- -----_ 1. Date and Time All Bids are to be submitted to City of San Bernardino, Attention: Deborah Morrow. Bids received after 3:00 PM PST, July 10, 2008, will be rejected by the City as non-responsive. 2. Address Bids shall be addressed as follows: City of San Bernardino 300 N. "D" Street, 4th floor, Purchasing San Bernardino, CA 92418. Bids may be delivered in person to the Purchasing Department, 4th floor of the above address. 3. Identification of Bids Bidder(s) shall submit a Bid package consisting of: Rr-P r-08-23 1) a signed original and one (1) copy of this Bid (including a completed price form) The Bid package shall be addressed as shown above, bearing the Bidder(s) name and address and clearly marked as follows: RFQ F-08-23: "CCTV Security System for Delmann Heights" 4. Acceptance of Bids a. The City reserves the right to accept or reject any and all Bids, or any item or part thereof, or to waive any informalities or irregularities in Bids. b. The City reserves the right to withdraw this RFQ at any time without prior notice and the City makes no representations that any contract will be awarded to any Bidder(s) responding to this RFQ. C. The City reserves the right to postpone Bid opening for its own convenience. F. Pre-Contractual Expenses Pre-contractual expenses are defined as expenses incurred by the Bidder(s) in: 1. preparing its Bid in response to this RFQ; 2. submitting that Bid to City; 3. negotiating with City any matter related to this Bid; or 4. any other expenses incurred by the Bidder(s) prior to date of award, if any, of the Agreement. The City shall not, in any event, be liable for any pre-contractual expenses incurred by Bidder(s) in the preparation of its Bid. Bidder(s) shall not include any such expenses as part of its Bid. G. Contract Award Issuance of this RFQ and receipt of Bids does not commit the City to award a Purchase Order. The City reserves the right to postpone Bid opening for its own convenience, to accept or reject any or all Bids received in response to this RFQ, and to negotiate with other than the selected Bidder(s) should negotiations with the selected Bidder(s) be terminated. The City also reserves the right to apportion the award among two or more BIDDER(S). RFP F-08-23 H. Acceptance of Order The successful Bidder(s) will be required to accept a Purchase Order in accordance with and including as a part thereof the published Request for Bids, and the RFQ documents including all requirements, conditions and specifications contained therein, with no exceptions other than those specifically listed in the written purchase order. I. Local Preference The City of San Bernardino gives any formal or informal bid submitted by a local bidder for goods or materials a one percent (1%) credit for comparison purposes with other bidders. For the purposes of this section, "local bidders" shall be bidders for which the point of sale of the goods or materials shall be within the City of San Benardino, as authorized in Municipal Code Section 3.04.125. RFP F-08-23 Bid Documents to Be Returned RFQ F-08-23 CCTV SECURITY SYSTEM - DELMANN HEIGHTS ❑ Copy of Contractor License III Bid Content and Forms,General Specification#35, Instructions to Bidder(s)/ Bidders ❑ Bidder Experience, Competency, Qualification and Profile (Vendor Document) III Bid/Bid Content Forms ❑ Non-Collusion Affidavit (City Form) Instructions to Bidder(s)/Bidders ❑ Listing of Proposed Subcontractor (City Form) III Bid/Bid Content and Forms ❑ Price Form (City Form) Instructions to Bidders, III Bid Content and Forms ❑ Authorized Signatures Instructions to Bidders ❑ Bidder Identification III Bid Content and Forms ❑ Addendum Received III Bid Content and Forms ❑ -90 Day-Bid Validity Statem- ent-°1 Bid Content and Forms ❑ Authorized Signatures III Bid Content and Forms ❑ References III Bid Content and Forms ❑ Calendar Day Acknowledgment of Delivery of Materials or Services General Specifications#9 ❑ Proper Identification and Submittal of Bid/Bid Package, and Price Form Instructions to Bidders Bidders are requested to submit this checklist completed with all bid documents. iii i Instruction to Bidders COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS: Bidders are advised that this project is funded with Community Development Block Grant Funds. The requirements of the Davis-Bacon Act will apply to this project and those requirements will be enforced. The prime contractor and all subcontractors are required to pay their laborers and mechanics employed under this Contract, a wage not less than minimum wage classification, as specified in both the Federal and State Wage Decision when the Contract amount for the Prime Contract exceeds $2,000. The higher of the two applicable wage classifications, either State Prevailing Wage or Davis-Bacon Federal Prevailing Wage, will be enforced for all work under this Contract. The prime contractor is responsible for ensuring subcontractor compliance with Davis-Bacon and related Act Requirements. The Federal Labor Standards Provisions (HUD 4010) apply to this project. A copy of the Davis-Bacon Federal Prevailing Wage, the date of which reflects the latest applicable modification at the time of this advertisement, is included in the Contract Documents & Specifications. Bidders shall be notified, via Addendum, of modifications, if any, which supercede that included herein, up until a minimum of ten (10) days prior to the actual Bid Opening. CDBG — PAYMENT: The following requirement of the Department of Economic and Community Development (ECD), as administrators of the Community Development Block Grant (CDBG) funds, shall be strictly enforced. `A weekly certified payroll is required during the term of construction. Payment of invoice may be delayed when certified payrolls are not submitted weekly. The CITY/COUNTY shall make progress payments on any properly completed payment request submitted by the Contractor. The payment request shall not be deemed properly completed unless certified payroll form WH 347 has been properly completed and submitted on a weekly basis for each week worked I during the time period covered by said payment request." Contractors License. All Bidders shall be licensed under the provisions of Chapter 9, Division 3 of the Business and Professions Code of the State of California to do the type of work contemplated f in the project. The Successful Bidder shall possess a valid Contractor's License issued by the Contractor's State License Board at the time the contract is awarded. The class of license shall be "B-1 General Contractor" or other any other classification applicable to the work specified in the contract. Each bidder shall also have no less than three- (3) years' experience in the magnitude and I character of the work bid. Prevailing Wages. Pursuant to provisions of Section 1770, et seq., of the Labor Code of the State I of California, it shall be mandatory upon the Contractor to pay its employees the general prevailing rate of wages as determined by the Director of the Department of Industrial Relations. In addition, the Contractor shall be responsible for compliance with the requirements of Section 1777.5 of the California Labor Code relating to apprentices on public works contracts. i Bid Security Bond. Each Bid shal'I be accompanied by a certified check, cashier's check, or Bid bond duly completed on the form provided herewith by a guaranty company authorized to carry on business in the State of California, in an amount equal to at least ten percent (10%) of the sum of the total amount bid, including any options. Said bond is payable without condition to the City of San Bernardino as a guaranty that the bidder, if awarded the contract, will promptly execute the contract in accordance with the Bid in manner and form required by these contract documents and will furnish. The Bid Security shall be forfeited! to the City of San Bernardino as liquidated damages in the case of failure or neglect of the bidder to furnish, execute and deliver to the City of San Bernardino the required performance bond, payment bond and evidences of insurance, and to enter into, execute and deliver to the City of San Bernardino the contract on the form provided herewith, within ten (10) days after being notified in writing by the City of San Bernardino that the award has been made and the contract is ready for execution. Payment Bond. Pursuant to Civil Code 3247, for work involving an expenditure of greater than $25,000 the Successful Bidder wild be required to furnish a Payment Bond in an amount equal to one hundred percent (100°/x) of the total amount of the contract before commencement of work and conforming to the contract documents. Performance Bond. The Successful Bidder will be required to furnish a Performance Bond in an amount equal to one hundred percent (100%) of the total amount of the contract before commencement of work and conforming to the contact documents. Substitution Of Securities. The Contractor shall be permitted to substitute securities for any monies withheld by the City of San Bernardino to ensure performance under this contract, such substitution to be subject to the limitations and requirements of Public Contract Code Section 22300. ACCESSIBILITY. The Contractor shall fully inform himself regarding any peculiarities and limitations of the spaces available for the performance of work under this contract. He shall exercise due and particular caution to determine that all parts of his work are made quickly and easily accessible. i ADDENDA ACKNOWLEDGMENT. Each bid shall include specific acknowledgment in the space provided of receipt of all addenda issued during the bidding period. Failure to so acknowledge may result in the bid being rejected as not responsive. AUTHORIZED SIGNATURES. Every bid must be signed by the person or persons legally authorized to bind the Bidder to a contract for the execution of the work. Upon request of the City of San Bernardino, any agent submitting a bid on behalf of a Bidder shall provide a current power of attorney certifying the agent's authority to bind the Bidder. If an individual makes the bid, his or her name, signature, and post office address must be shown. If a firm or partnership makes the bid, the name and post office address of the firm or partnership and the signature of at least one of the general partners must be shown. If a corporation makes the bid, the bid shall show the name of the state under the laws of which the corporation is chartered, the name and post office address of the corporation and the title of the person signing on behalf of the corporation. Upon request of the City of San Bernardino, the corporation shall provide a certified copy of the bylaws or resolution of the board of directors showing the authority of the officer signing the bid to execute contracts on behalf of the corporation. i I i i AWARD OF BID. Bid award will be made to the lowest responsible and responsive bidder. The low bidder will be determined by the lowest responsible bid for the Total Base Bid that complies with all the requirements prescribed in the bid/contract documents. In the event the lowest responsive and responsible bid for a construction project exceeds available funds, and such bid does not exceed such funds by more than [five] percent, the City of San Bernardino reserves the right, when time or economic considerations preclude re-solicitation of work of a reduced scope, to negotiate an adjustment of the bid price with the lowest responsive and responsible bidder, in order to bring the bid within the amount of available funds. Any such negotiated adjustment shall be based only upon eliminating independent deductive items specified in the invitation for bids. Additionally, the City of San Bernardino reserves the right to reject any or all bids. BID ACCEPTANCE PERIOD. Unless otherwise specified herein, prices are firm for a period of ninety- (90) days. BID FORMS. Bids shall be made on the blank forms prepared and provided by the City of San Bernardino. Bids shall give the prices proposed, both in writing and in figures, shall give all other information requested herein, and shall be signed by the bidder or authorized representative, with the appropriate address. If an individual makes the bid, his or her name, signature, and post office address must be shown. If a firm or partnership makes the bid, the name and post office address of the firm or partnership and the signature of at least one of the general partners must be shown. If a corporation makes the bid, the bid shall show the name of the state under the laws of which the corporation is chartered, the name and post office address of the corporation, and the title of the person who signs on behalf of the corporation. If the corporation makes the bid, a certified copy of the bylaws or resolution of the board of directors of the corporation shall be furnished showing the authority of the officer signing the Bid to execute contracts on behalf of the corporation. BID RESULTS. It is not the policy of the City to provide bid results in response to telephone inquiries. Bids are opened publicly in the City Clerk's Office, and interested parties are invited to attend. A tabulation of bids received is posted on the public bulletin board in the City Clerk's Office. BID SUBMITTAL. Bids shall be submitted in a sealed envelope bearing on the outside the name of the bidder, his address and the project name and bid number for which the bid is submitted. Bidder's authorized representative must properly initial any erasures or alterations of any kind. Bids that contain omissions or improper erasures or irregularities may be rejected. No oral, electronic, telegraphic, or telephonic bids or modifications will be considered unless otherwise specified herein. BID WITHDRAWAL. Bidder's authorized representative may withdraw bids only by written request received before Bid Opening. BIDDER AGREEMENT TO TERMS AND CONDITIONS. Submission of a signed bid will be interpreted to mean bidder has agreed to all the terms and conditions set forth in the pages of this bid. BUSINESS LICENSE. If the scope of work under this bid includes performing services or installation on City of San Bernardino property, the SUCCESSFUL BIDDER must obtain a City of i San Bernardino Business License upon execution of the contract. SELL OR ASSIGN. The successful bidder shall not have the right to sell, assign, or transfer any rights or duties under this contract without the specific written consent of the City. SEVERABILITY. If any provision, or any portion of any provision, of any contract resulting from this bid shall be held invalid, illegal, or unenforceable, the remaining provisions or portions of any provisions shall be valid and enforceable to the extent possible. SITE OF WORK, INSPECTION OF. It is the responsibility of the Bidder to carefully and personally examine the site of the proposed work, access to the work, aboveground and underground utilities, buildings, structures or other improvements that may be within the limits of the work or adjacent to the work and which may or may not be shown on the plans, public safety and traffic requirements. Bidders are required to inspect the site of work in order to judge for themselves, by personal examination or by such other means, as they may prefer, of the location and as to the actual conditions of and at the site of work and the proposed work and the nature and extent of the work to be done. If, during the course of the site inspection a bidder finds facts or conditions which appear to conflict with the letter or spirit of the contract documents, or with any other furnished data, the bidder may apply to the City of : an Bernardino for additional information and explanation before submitting a bid. The plans for the work show conditions as they are supposed or believed by the City of San Bernardino to exist, but the conditions shown on the plans do not constitute a representation by the City of San Bernardino that those conditions actually exist. Neither the City of San Bernardino nor its consultants, City of San Bernardino officers,_employees or agents shall be liable for any loss sustained by the contractor as a result of a variance between conditions shown on the plans ana�t ie ac�uarconditions a�the is e. -Above ground and underground utilities, buildings, structures, or other improvements may be within the _ limits_of the_work or adjacent thereto; these may or may not be shown on the plans. Bidders are required to inspect the site of the work in order to satisfy themselves, by exammafin or by such other means deemed appropriate, of the location of the proposes work and of the actual conditions at the site of work. If a bidder finds facts or conditions that appear to be in conflict with the plans and specifications the bidder may apply to the City of San Bernardino, in accordance with these bid documents, for additional information and/or clarification before submitting its bid. However, no such supplemental information or clarification so requested or furnished shall vary the terms of the specifications of the work to be performed unless included in an Addendum to this bid document that is issued by the City of San Bernardino. The submission of a bid by a bidder shall constitute the acknowledgment that it has relied and is relying on its own examination of (a) the site of the work, (b) the access to the site and (c) all other data, matter and things requisite to the fulfillment of the work and on its own knowledge of existing services and utilities on and in the vicinity of the site of the work to be construed under the contract, and not on any representations or warranty by the City of San Bernardino. No claim will be allowed for additional compensation that is based upon a lack of knowledge of the above items. SOIL INFORMATION. Bidders is solely responsible for making all deductions and conclusions as to the nature of any materials to be excavated, the difficulties of making and maintaining the required excavation, the difficulties which may arise from subsurface conditions, all testing and disposal requirements, and of doing any other work affected by the subsurface conditions. SPECIFICATIONS, CHANGES TO. The parties shall not be bound by or be liable for any statement, representation, promise, inducement or understanding of any kind or nature not set forth herein or by written amendment. No changes, amendments, or modifications of any of the i terms or conditions of the bid specification shall be valid unless reduced to writing and signed by both parties. SPECIFICATIONS, DEFINITION. The term "specification" or "bid specification" as used in this solicitation shall be interpreted to mean all the pages that make up this bid solicitation, including but not limited to the Notice to Contractors, Instructions To Bidder, Terms and Conditions, Detailed Specifications or Scope of Work, Contractor's Bid form, Proposed Equipment & Material Manufacturers form, Experience Statement, Subcontractor's List, Workers Compensation Insurance Certificate, Contractor Guaranty statement and Bid Security Bond. STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION. Where applicable, all work will be performed in accordance with the Standard Specifications for Public Works Construction, 2004 or most current edition. Sections 1 through 9 of the Standard Specifications for Public Works Construction, 2004 Edition, are incorporated herein by this reference. Where conflicts arise, the Standards Specifications for Public Works Construction shall prevail. SUBCONTRACTORS. In accordance with California Public Contract Code Section 4104, each bid shall listed on the form provided by the City of San Bernardino: (a) The type of work to be performed and the name and location of the place of business of each subcontractor who will perform work or labor or render services to the Bidder in or about the construction of the work or improvement; or(b) of any subcontractor licensed by the State of California who, under subcontract to the Bidder, will specially fabricate and install a portion of the work or improvement according to the detailed plans and specifications, in an amount in excess of one-half of one percent of the total amount of the bid; or (c) in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of one percent of the Bidder's total bid or ten thousand dollars ($10,000), whichever is greater. For the purpose of this section, a subcontractor is defined as one who contracts with the successful bidder/contractor to furnish materials and labor, or labor only, for the performance of onsite work or who will specially fabricate a portion of the work offsite, pursuant to detailed plans and specifications in the contract documents. i SUBCONTRACTOR COMPETENCY. The Successful Bidder will be required to establish to the satisfaction of the City of San Bernardino the competency, reliability and responsibility of the I subcontractors proposed to furnish or perform the work described in the contract documents. Before the award of the contract, the City of San Bernardino will notify the Bidder in writing if, after due investigation, the City of San Bernardino has reasonable objection to any proposed subcontractor. If the City of San Bernardino has reasonable objection to any subcontractor the Bidder shall submit an acceptable substitute person or City of San Bernardino. Persons and entities proposed by the bidder to be used as subcontractors, and to whom the City of San Bernardino has made no reasonable objection, must be used on the work for which they were proposed and shall not be changed except with the written consent of the City of San Bernardino. SUBCONTRACTOR SUBSTITUTION. The provisions of the California Subletting and Subcontracting Fair Practices Act (California Public Contract Code §§4100-4113) are incorporated herein by this reference and the City of San Bernardino Public Works Director is authorized to consent to substitutions as provided therein. ` TAXES. Contractor shall pay all federal, state and taxes, levies, duties and assessments of every j nature due in connection with any work under the contract and shall indemnify and hold harmless i 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 the Contractor's cost of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in the contract. In the event that a dispute arises between the City of San Bernardino and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor's cost of, or the time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by the contract. The Contractor shall retain any and all rights provided either by contract or by law that pertain to the resolution of disputes and protests between the contracting parties. EXECUTION OF CONTRACT. Time is of the essence of this contract. The Successful Bidder/Contractor shall execute the contract, including but not limited to signing all necessary documents and submitting all required bonds and evidences of insurance, within ten (10) days after personal delivery of the notice within fifteen (15) days after such notice has been deposited in the United States mail. One copy of the contract will be returned to the Contractor after the City of San Bernardino executes the contract. In case of failure of the Contractor to execute and return the contract and all required documents within the time allowed, the City of San Bernardino may, at its option, consider that the bidder has abandoned the contract, in which case the bid security bond shall be forfeited by the bidder and become the property of the City of San Bernardino. After the contract has been executed, including the insurance documents, certificates, and bonds a Notice to Proceed will be issued. Bidder agrees to commence work within ten- (10) working days after the date—of-the--Notice to Proceed, to-proceed with the work and fully complete the-project within (number of completion days allowed) from the date of the Notice to Proceed. EXPERIENCE AND COMPETENCY. The Successful Bidder shall be skilled and regularly engaged in the general class or type of work called for under the contract. The Successful Bidder shall also have no less than three (3) years' experience in the magnitude and character of the work bid. Each Bidder shall be set forth his experience on the form entitled Bidder's Experience and submit it with his bid. It is the intention of the City of San Bernardino to award a contract to a Bidder who furnishes satisfactory evidence that he/she has the requisite experience, ability, sufficient capital, and facilities to enable him to prosecute the work successfully and properly, and to complete it within the time specified in the contract. To determine the degree of responsibility to be credited to the Bidder, the City of San Bernardino will weigh any evidence that the Bidder has performed satisfactorily other contracts of like nature, magnitude:, and comparable difficulty and comparable rates of progress. In selecting the lowest responsive and responsible Bidder, consideration will be given not only to the financial standing but also to the general competency of the Bidder for the performance of the work specified in the contract documents. FIRM PRICE PERIOD. Bidders' bids shall remain open and firm for a period of not less than ninety- (90) calendar days from the date of the bid opening. FORMATION OF CONTRACT. Bidder's signed Ibid and City's written acceptance shall constitute a binding contract. INDEPENDENT CONTRACTOR. Contractor covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any i manner or degree with the performance of the services hereunder. Contractor further covenants that, in the performance of this contract, no subcontractor or person having such an interest shall i be employed. Contractor certifies that to the best of his knowledge, no one who has or will have any financial interest under this contract is an officer or employee of City of San Bernardino. It is expressly agreed by Contractor that in the performance of the services required under this contract, Contractor, and any of its subcontractors or employees, shall at times be considered independent Contractors and not agents of City of San Bernardino. INFORMED BIDDER. Bidders are expected to fully inform themselves as to the conditions, requirements, and specifications before submitting bids. Failure to do so will be at the bidders' own risk and they cannot secure relief on the plea of error. INK OR TYPEWRITTEN. All information, prices, notations, signatures, and corrections must be in ink or typewritten. Mistakes may be crossed out and corrections typed or printed adjacent to the mistake and initialed in ink by the person signing the Bid. INSURANCE REQUIREMENTS. Successful Bidder shall acquire and maintain at his/her own expense all insurance described in the "Attachment A". All insurance shall remain in full force and effect until final project completion and acceptance, as determined by the City of San Bernardino. Within ten (10) calendar days of award of contract, Successful Bidder must furnish the City of San Bernardino with the Certificates of Insurance proving coverage as specified and with an endorsement naming the City of San Bernardino, its officers and agents, Additional Insured. Failure to furnish the required certificates and endorsements within the time allowed will result in withdrawal of award and forfeiture of Bid Security. INTERPRETATION OF CONTRACT DOCUMENTS. If any person is in doubt as to the true meaning of any part of the specifications or other contract documents, or finds discrepancies or omissions in the specifications, he may submit to the City of San Bernardino a written request for an interpretation or correction. Requests for interpretations shall be made in writing and delivered to the City of San Bernardino by mail at (full address), or by facsimile to (fax number) at least ten (10) days before the time announced for opening the bids. The requesting party is responsible for prompt delivery of any requests. When the City of San Bernardino considers interpretations necessary, interpretations will be in the form of an addendum to the contract documents, and when issued, will be sent as promptly as is practical to all parties recorded by the City of San r' Bernardino as having received contract documents. All such addenda shall become a part of the contract. Oral and other interpretations or clarifications shall be without legal or contractual effect. It is the responsibility of each bidder to ensure the City of San Bernardino has their correct business name and address on file. Any prospective bidder who obtained a set of contract - documents from anyone other than the City of San Bernardino is responsible for advising the City of San Bernardino that they have a set of contract documents and wish to receive subsequent Addenda. LATE BIDS. Late bids will not be considered and will be returned to bidders unopened. It is the bidders' responsibility to ensure that their bids have sufficient time to be received by the Purchasing Office before bid opening. MEASUREMENTS. It is the responsibility of the Bidder to make all measurements to determine his bid price. The City of San Bernardino will not be responsible for determining the quantities of materials necessary to complete the work specified. CANCELLATION OF SOLICITATION. The City may cancel this solicitation at any time. CLEANUP COST. Bidder shall include in the bid, all costs for cleanup during performance and upon completion of work on this project. Successful Bidder will remove all unused equipment and instruments of service, all excess or unsuitable material, trash, rubbish and debris, and legally dispose of same, unless otherwise directed by these specifications. Successful Bidder shall leave entire area in a neat, clean, and acceptable condition as approved by the City of San Bernardino. COMPLIANCE OR DEVIATION TO SPECIFI-CATIONS. Bidder hereby agrees that the material, equipment or service offered will meet all the requirements of the specifications in this solicitation unless deviations from them are clearly indicated in the bidder's response. Bidder may submit an attachment entitled "Exceptions to Specifications", which must be signed by bidder's authorized representative. An explanation must be made for each item in which an exception is taken, giving in detail the extent of the exception and the reason for which it is taken. Bids failing to comply with this requirement will be considered non-responsive. Submittal of brochure or other manufacturer literature is desirable but may not be a substitution for this requirement. COMPLIANCE WITH FAIR EMPLOYMENT PRACTICE ACT. Contractor agrees in accordance with Section 1735 and 1777.6 of California Labor Code, and the California Fair Employment Practice Act (Sections 1410-1433) that in the hiring of common or skilled labor for the performance of any work under this contract, or any subcontract hereunder, no Contractor, material supplier or vendor shall, by reason of race, color, national origin or ancestry, or religion, discriminate against any person who is qualified and available to perform the work to which such employment relates. COMPLIANCE WITH LAWS. All bids shall comply with current federal, state, local and other laws relative thereto. It is the responsibility of the Bidder to carefully thoroughly examine and be familiar with legal and procedural documents, general conditions, all bid forms, specifications, drawings, plans, and addenda (if any), hereinafter referred to as Contract Documents. Bidder shall satisfy himself as to the character, quantity, a'nd quality of work to be performed and materials, labor, supervision, equipment and appurtenances necessary to perform the work as specified by the Contract Documents. The failure or neglect of the Bidder to examine the Contract Documents shall in no way relieve him from any obligations with respect to the bid or contract. The submission of a bid shall constitute an acknowledgment upon which the City of San Bernardino may rely that the bidder has thoroughly examined and is familiar with the contract documents. The failure or neglect of a bidder to receive or examine any of the contract documents shall in no way relieve the bidder from any obligations with respect to the bid. No claim will be allowed for additional compensation that is based upon a lack of knowledge of any bid document. CONTRACTOR'S LICENSE. At the time of award, the Successful Bidder must possess a valid California Contractor's License issued by the Contractor's State License Board for the classification(s) of work specified in the contract documents. Bidders must show their contractor's license number, classification and expiration date on their bid DATE DUE. Bidders shall submit their bids by the "Date Due". The "Date Due", is shown on the Notice to Contractors form. The receiving time in the City Clerk's Office will be the governing time { i i I for receipt of bids. Monday, September 20, 2004 at 2 PM. Bidders shall submit their bids by the "Time Due". The "Time Due" is shown on the Notice to Contractors form. The receiving time in the City Clerk's Office will be the governing time for receipt of bids. Bids will not be opened or revealed before the time set for receipt. DISQUALIFICATION OF BIDDER. If there is reason to believe that collusion exists among the bidders, the City may refuse to consider bids from participants in such collusion. No person, firm, or corporation under the same or different name, shall make, file, or be interested in more than one bid for the same work unless alternate bids are called for. A person, firm, or corporation who has submitted a sub-Bid to a bidder, or who has quoted prices on materials to a bidder, is not thereby disqualified from submitting a sub-Bid or quoting prices to other bidders. Reasonable ground for believing that any bidder is interested in more than one Bid for the same work will cause the rejection of all Bids for the work in which a bidder is interested. If there is reason to believe that collusion exists among the bidders, the City of San Bernardino may refuse to consider Bids from participants in such collusion. Bidders shall submit as part of their Bid documents the completed Non-Collusion Affidavit provided herein. DOCUMENTS TO BE RETURNED WITH BID. Failure to completely execute and submit the required documents before the date and time set for bid opening, may render a bid non-responsive. The documents that must be returned by bid opening time are listed on the form entitled "Bid Documents To Be Returned" and attached hereto. ESCROW IN LIEU OF RETENTION. In the event the Contractor wishes to choose this option, the Contractor shall enter into an escrow agreement with the City of San-Bernardino.- The escrow agent shall be a qualified bank approved by the City of San Bernardino. The costs of such escrow account shall be equivalent in fair market value to the amount to be withheld as performance retention. The-securities shall be held in accordance with the provisions of Public - -- Contract Code Section 22300, and the implementing agreement. The Contractor is obligated to ensure that such securities deposited are sufficient to maintain, in total fair market value, an amount equal to the cash amount of the sums to be withheld under the contract. If the City of San Bernardino Finance Director, or the appropriate escrow agent, gives written notice to the Contractor indicating that the fair market value of the securities has dropped below the dollar amount of monies to be withheld by the City of San Bernardino to ensure performance, Contractor shall within five days of the date of such notice post all such securities held by the City of San Bernardino, or in escrow, equivalent to the amount of money to be withheld by the City of San Bernardino under the contract. Any Contractor wishing to exercise this option shall give notice in writing to the City of San Bernardino. EXCAVATION DEEPER THAN FOUR FEET. If excavation work extends deeper than four feet below the surface, the following conditions apply in accordance with SB1470, Chapter 330, of the Business and Professions Code: (A) The Contractor shall promptly and before the following conditions are disturbed, notify the City of San Bernardino in writing of any (1) materials that the Contractor believes may be material that is hazardous waste, as defined in Section 2517 of the Health and Safety Code, that is required to be removed to a class I, Class 11, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site differing from those indicated; and (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 the contract. (B) The City of San Bernardino will MODIFICATION OF BIDS. Any Bidder who wishes to make modifications to a bid already received by the City of San Bernardino must withdraw his bid in order to make the modifications. Withdrawals must be made in accordance with the terms and conditions of this solicitation (see Withdrawal of Bids). All modifications must be made in ink, properly initialed by bidder's authorized representative, executed, and submitted in the same form and manner as the original bid. It is the responsibility of the bidder to ensure that modified or withdrawn bids are resubmitted before the time announced for the opening of bids. NOMENCLATURES. The terms Successful Bidder, supplier, vendor, or contractor may be used interchangeably in these specifications and shall refer exclusively to the firm with whom the City enters into a contract because of this solicitation. NON-COLLUSION AFFIDAVIT. Bidders are required to submit a Non-Collusion Affidavit with their bids. See attached Affidavit. OFFERS OF MORE THAN ONE PRICE. Bidders are NOT allowed to submit more than one bid. OPENING OF BIDS. All bids, irrespective of irregularities or informalities, will be opened and publicly read aloud at the time announced for the opening of bids. All interested persons are invited to be present at the opening and reading of bids. The public reading will include the names of the bidders, the total amounts bid and the acknowledgment of receipt of bid guaranties. Postponement of Opening. The City of San Bernardino reserves the right to postpone the date and time for opening of bids at any time before the date and time announced' in the Notice to Contractor: PAYMENT TERMS. Discounts for payments made within twenty (20) days or more from receipt of invoice will be considered in award of bid. Payment discounts must be clearly shown on the Bid Form. PERMITS. Unless otherwise provided herein, Contractor shall at his expense, obtain all permits and licenses and pay all charges and fees necessary for the performance of the contract, and shall give all public notices necessary for the lawful performance of the contract. Upon execution of the contract, the Successful Bidder/Contractor shall obtain a building permit issued by the City of San Bernardino. Said building permits will be issued at no cost to the Contractor. i PREVAILING WAGES. It shall be mandatory upon the Contractor to whom the contract is awarded to pay not less than the said prevailing rates of wages to all workers employed by him in the execution of the contract. Pursuant to provisions of Section 1770, et seq., of the Labor Code of the State of California, the Contractor shall pay its employees the general prevailing rate of wages as determined by the Director of the Department of Industrial Relations. In addition, the Contractor shall be responsible for compliance with the requirements of Section 1777.5 of the California Labor Code relating to apprentices on public works contracts. In accordance with the provisions of section 1773.2 of the Labor Code of the State of California, the Director of Industrial Relations has determined the general prevailing rates of wages and employer payments for health, welfare, vacation, pensions and similar purposes applicable, which is on file in the City of San Bernardino Public Works office. The Contractor shall post a copy of these prevailing wage rates at the site of the project. The provisions of Article 2 and 3, Division 2, Chapter 1 of the Labor Code, State of California, are made by this reference a part of this solicitation. I I Ii I PRICE DISCREPANCIES. In the event that there are unit price items in a bid schedule and the "amount" indicated for a unit price of a bid item does not equal the product of the unit price and quantity listed, the unit price shall govern and the amount will be corrected accordingly. The Contractor will be bound by said corrections, subject to the provisions of Section 5100 et seq. of the California Public Contract Code. If there is more than one bid item in a bid schedule, and the total indicated for the schedule does not agree with the sum of prices of the individual bid items, the prices bid on the individual items shall govern and the total for the schedule will be corrected accordingly. The Contractor will be bound by said corrections, subject to the provisions of Section 5100 et seq. of the California Public Contract Code. PRICES. All bids shall give the prices proposed, both in writing and in figures, shall give all other information requested herein, and shall be signed by the Bidder's authorized representative. Bid prices shall include everything necessary for the completion of construction and fulfillment of the contract including but not limited to furnishing all materials, equipment, tools, facilities and all management, superintendence, labor, services, taxes, licenses and permits required to complete the work in accordance with the contract documents, except as may be provided otherwise in the contract documents. The work and the bid price shall also include providing the necessary safety precautions such as barricades, warning signs for protection of the public and any necessary "cleanup" that is required to restore the work site to a satisfactory condition. Any items shown on the plans or details or described in the specifications that are not specifically listed in the bid item are to be considered included in the bid item and no additional or special compensation will be allowed. In the event that there is more than one bid item in the bid schedule, the Bidder shall furnish a price for all bid items in the schedule, and failure to do so will render the bid as non-responsive and may cause its rejection. The total-amount ofthe-bid will be the sum of the-total prices-of all items-in the bid schedule. The total amount of the bid will be the sum of the total prices of all items in the bid scheduler The total price of unit price items will be the product of the unit price and estimated quantity of the item. In case of discrepancy between the unit price and-total-price-of-an item;,the-unit price shall prevail if the unit price is ambiguous, unintelligible, or uncertain for any cause, or is omitted, it shall be the amount obtained by dividing the amount set forth as the total price by the estimated quantity of the item. PROTECTION OF PUBLIC. Adequate warning devices, barricades, guards, flagmen or other necessary precautions shall be taken by the Contractor to give advised and reasonable protection, safety and warning to persons and vehicular traffic concerned in the area. QUALIFICATION OF BIDDERS. Each bidder shall be skilled and regularly engaged in the general class or type of work called for under the contract. The bidder's experience shall be set forth and submitted on the form provided herewith. It is the intention of the City to award a contract to a bidder who furnishes satisfactory evidence that the bidder has the requisite experience, ability, sufficient capital, facilities, and plant to enable the bidder to prosecute the work successfully and properly, and to complete it within the time specified in the contract. To determine the degree of responsibility to be credited to the bidder, the City will weigh any evidence that the bidder has performed satisfactorily other contracts of like nature, magnitude and comparable difficulty and comparable rates of progress. In selecting the lowest responsive and responsible bidder, consideration will be given not only to the financial standing but also to the general competency of the bidder for the performance of the work covered specified in the contract documents. To this end, each Bid shall be supported by a statement of the bidder's experience on the form entitled "Bidder's Experience", which is a part of the contract documents. the City of San Bernardino from any liability on account of any and all such taxes, levies, duties, assessments and deductions. Bid prices shall include allowance for said taxes. TERMS OF THE OFFER. City's acceptance of bidder's offer shall be limited to the terms herein unless expressly agreed in writing by the City. Bids offering terms other than those shown herein will be declared non-responsive and will not be considered. WITHDRAWAL OF BIDS. A bidder may withdraw any bid he has submitted at any time prior to the hour set for the closing of the bids provided the request for withdrawal is signed in a manner identical with the Bid being withdrawn. No withdrawal or modification will be permitted after the hour designated for closing of bids. I i i i i I i I i f I i SECTION II -TECHN3CA-L-SE-PCIFIC�I��ONS Q 0 RFP F-08-23 SECTION II TECHNICAL SPECIFICATIONS h1i�1�YY RFP F-08-23 City of San Bernardino TECHNICAL SPECIFICATIONS RFQ F-08-21 "CCTV Security System for Delmann Heights" NOTICE: "SPECIAL INSTRUCTIONS TO THE BIDDER" Services: Bidder shall complete right-hand column indicating brief reasoning for exceptions to requirements when not acceptable. State "Acceptable" if requirements are agreeable as set forth in left-hand column. Equipment: Bidder shall complete right-hand column indicating specific size and or make and model of all components when not exactly as specified. State "As Specified" if item is exactly as set forth in the left-hand column. FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID DESCRIPTION Acceptable / as specified 1. SCOPE Design & installation of CCTV Security System by a qualified contractor. 2. QUALIFICATIONS/LICENSES The selected contractor shall have a minimum of 5 years experience in commercial CCTV System installation and will have in good standing current California State License Board C-7 (low voltage systems), C-10 (electrical) contractor licenses. 3. MATERIAL SPECIFICATIONS All labor, material and equipment to provide a complete exterior 8 camera CCTV Security System comprised of the following elements: c 6 - Impact-Resistant, Exterior hardened Surface Mount Bosch (or equal) Cameras, Hood Dome Style with smoked lens to mask angle of camera. Color or black and white with minimum of 420- resolution line at 0.01 lux, 3.6 mm wide angle lens automatically adjusting to light changes. RFP F-08-23 o 2 - Impact-Resistant, Pendant Mount Bosch (or equal) Cameras, for use on existing poles, Hood Dome Style with smoked lens to mask angle of camera. Color or black and white with minimum of 420 - resolution line at 0.01 lux, 3.6 mm wide angle lens automatically adjusting to light changes. o Wireless equipment for two remote pole mounted cameras. o 17" high resolution monitor (Flat panel LCD). c Bosch (or equal) DVR Recorder, minimum 96 hours recorded memory with database management and video compression. o Software & Hardware motion detection, multi-channel playback simultaneously • \Date & Time Stamp • Multiple screen layout for viewing = 1, 4, 6 & 8 (with rotation function). • Remote monitoring, control, and recording via internet. • Remote playback video clips of locate site, multiple site connection/monitoring. • Multi-level Password protection. • Search playback: by date, time or event. • Back up: on to CD-RW or DVD-RW. • Alarm Notification: via sound, pop-up video, phone, pager, & Internet. • 2-year labor and material warranty. 4. REFERENCE LIST The contractor shall provide names and contact information for a minimum of 5 clients/references where they have installed similar systems. 5. PREVAILING WAGE All wages shall be paid at the prevailing wage. SPECIAL PROVISIONS INSTRUCTIONS TO BIDDERS SECTION 1 1-1 SPECIFICATIONS AND PLANS 1-1.01 GENERAL -- The work embodied herein shall be done in accordance with the Standard Specifications for the Public Works Construction, latest Edition, and City of San Bernardino Standard Drawings, insofar as the same apply and in accordance with the following Special Provisions. 1-1.02 DEFINITIONS -- Whenever in the Standard Specifications the following terms are used, they shall be understood to mean and refer to the following: Agency - The City of San Bernardino. Board - The Mayor and Common Council for the City of San Bernardino. City - The Director of Facilities Management Department for the City of San Bernardino, or his/her designated representative. Laboratory - The laboratory to be designated by the City of San Bernardino to test materials and work involved in the contract. Office of the District - Whenever, in the Standard Specifications, reference is made to the office of the District or the District's office, such references shall be deemed made to the City of San Bernardino's Facilities Management Department. SP-1 The mailing address for the City of San Bernardino's Facilities Management Department is: City of San Bernardino Facilities Management Department 201A N. "E" Street, Suite #103 San Bernardino, CA 92401 Inspector - The Inspector is the City of San Bernardino's Department of Facilities Management Inspector. Notice Advertising for Bids - Notice Inviting Sealed Bids. Standard Specifications - Standard Specifications for Public Works Construction "Green Book", latest edition. Other terms appearing in the Standard Specifications, and these Special Provisions, shall have the intent and meaning specified in Section 1-2, "Definitions", in the Standard Specifications. 1-1.03 STANDARD SPECIFICATIONS - The Standard Specifications for the Agency are contained in the most current edition of the STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, "GREEN BOOK", as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and the Southern California District of the Associated General Contractors of California. The Standard Specifications set forth above will control the general provisions for this Contract except as amended by the Plans, Special Provisions, or other contract documents. Only those Sections requiring amendment or elaboration or specifying options are called out. In case of conflict between the Standard Specifications and the Special Provisions, the Special Provisions shall take precedence over and be used in lieu of such conflicting portions. SP-2 References in the Special Provisions to "CALTRANS Standard Specifications" shall mean the latest edition of the Standard Specifications of the State of California, Department of Transportation. References in the Special Provisions to Standard Plans shall mean the Standard Plans for the City of San Bernardino or other governing agency as specified. Applicable Standard Plans for this project are contained in the APPENDIX of these Specifications. Where the Plans or Specifications describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed complete and in place, that only the best general practice is to prevail and that only materials and workmanship of the first quality are to be used. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment, and incidentals and do all the work involved in executing the Contract. The Contractor shall meet or exceed the applicable Parks, Recreation & Community Service Policies and Procedures unless directed otherwise by these Special Provisions or as directed by the Inspector. Plans and specifications must conform to the requirements of the City of San Bernardino, American Concrete Institute (ACI), Uniform Building Code (UBC), Uniform Plumbing Code (UPC), Caltrans Standard Specifications, these Special Provisions and the Standard Specifications for Public Works Construction (Green Book), latest edition. Wherever reference it made to any of the standards mentioned above, the reference shall be construed to mean—the_—cD&,_order or standard that is in effect on the first day of the advertised "Notice Inviting Sealed Bids". 1-1.04 TAXES -- No mention shall be made in the bid or proposal of Sales Tax, Use Tax, or any tax, as all amounts bid will be deemed and held to include any such taxes, which may be applicable. 1-1.05 INTERPRETATION OF PLANS AND DOCUMENTS -- If any person contemplates submission of a bid for the proposed contract and is in doubt as to the true meaning of any part of the services to be performed, they may submit a written request for an interpretation or correction thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation or correction of the proposed documents shall be made only by addendum duly issued and copy of such addendum will be faxed and mailed or delivered to each person of record as receiving a set of such documents. The City will not be responsible for any other form of explanation or interpretation of the proposed documents. SP-3 1-1.06 PLANS AND SPECIFICATIONS TO BE PROVIDED — The City will provide the Contractor with five (5) sets of Plans and Specifications at no cost after the Award of Contract. The Contractor shall obtain all additional sets at its own cost. 1-1.07 ADDENDA OR BULLETINS -- All Bidders are advised as to the possibility of issuance of addenda affecting the items, scope or quantity of the work required for this project. Each Bidder shall be fully responsible for informing themselves as to whether or not any such addenda have been issued. The effect of all addenda to the Contract Documents shall be considered in the bid and said addenda shall be made a part of the Contract Documents and shall be returned with them. Failure to cover in a bid any such addenda issued may render the bid irregular and may result in its rejection by the City. SP-4 SECTION 2 2-1 BID REQUIREMENTS AND CONDITIONS 2-1.01 GENERAL -- Bids must submitted on the bid form contained herein. All bids shall be signed, sealed and accompanied by cash, cashier's check or bid bond made payable to the City of San Bernardino, in the amount of ten percent (10%) of the bid. Such cash, check or bond shall be given as a guarantee that the bidder will enter into the contract if awarded to him. In the event the bidder, to whom the contact is awarded, refuses to execute said contract, and/or fails to file the necessary bonds and insurance certificate within ten (10) working days following the date of the City's Notice of Award letter, the Bidder shall forfeit the bid bond to the City. By not executing the contract, the use by the public of the improvements will be delayed and the public will suffer great damage. From the nature of the case, it would be extremely difficult and impractical to fix the amount of said damage. Therefore, the City and the bidder agree that the bid guarantee of 10% of the bid shall be paid to the City as forfeiture. Bid bonds shall be underwritten by a surety company having a rating in Best's most recent Insurance Guide of "A" or better. Bonds must be issued by a surety who is listed in the latest version of U.S. Department of Treasury Circular 570 and is authorized to issue bonds in the State of California. The Form of Bid Bond is contained in the Bid Documents in Part I of the Special Provisions. Notarization of the signatures of the Principal and the Surety and the Power of Attorney of the signing Surety shall accompany this form. Any bid not accompanied by such bid bond will be rejected as invalid. 2-1.02 MINORITY AND WOMEN'S BUSINESS ENTERPRISES -- Bidder's outreach efforts (good faith efforts) must reach out to MBEs, WBEs and all other business enterprises. This project must comply with Federal Equal Opportunity goals. Federal Affirmative Action Compliance Guidelines have established a Minority Business Enterprise (MBE) Goal of 19% and a Women Business Enterprise (WBE) Goal of 6% for this project. Bidders shall make every reasonable effort to solicit bids from MBE/WBEs. A justification shall be provided to support the rejection of any bid from a minority or women's business enterprise, certified by Caltrans. SP-5 2-1.03 MINORITY WOMEN AND OTHER BUSINESS ENTERPRISES AND CITY PROCUREMENTS -- It is the policy of the City of San Bernardino to provide Minority Business Enterprises (MBEs), Women Business Enterprises (WBEs) and all other enterprises an equal opportunity to participate in the performance of all City contracts. Bidders shall assist the City in implementing this policy by taking all reasonable steps to ensure that all available business enterprises, including local MBEs and WBEs, have an equal opportunity to compete for and participate in City contracts. Bidders' good faith efforts to reach-out to MBEs, WBEs and all other business enterprises shall be determined by the following factors: (1) The bidder attended pre-solicitation or pre-bid meetings, if any, scheduled by the City to inform all bidders of the requirements for the project for which the contract will be awarded. The City may waive this requirement if the bidder certifies it is informed as to those project requirements. (2) The bidder identified and selected specific items of the project for which the contract will be awarded to be performed by sub-contractors to provide an opportunity for participation by MBEs, WBEs and other business enterprises. The bidder shall, when economically feasible, divide total contract requirements into small portions or quantities to permit maximum participation of MBEs, WBEs and other business enterprises. (3) The bidder advertised for bids from interested business enterprises not less than ten calendar days prior to the submission of bids, in one or more daily or weekly newspapers, trade association publications, minority or trade oriented publications, trade journals, or other media specified by the City. (4) The bidder provided written notice of its interest in bidding on the contract to those business enterprises, including MBEs and WBEs, having an interest in participating in such contracts. All notices of interest shall be provided not less than ten calendar days prior to the date the bids were required to be submitted. In all instances, the bidder must document that invitations for sub-contracting bids were sent to available MBEs, WBEs and other business enterprises for each item of work to be performed. The Mayor's Affirmative Action Office shall be available to help identify interested MBEs, WBEs and other business enterprises. (5) The bidder documented efforts to follow up initial solicitations of interest by contracting the business enterprises to determine with certainty whether the enterprises were interested in performing specific portions of the project. SP-6 (6) The bidder provided interested enterprises with information about the Plans, Specifications and requirements for the selected sub-contracting work. (7) The bidder requested assistance from organizations that provide assistance in the recruitment and placement of MBEs, WBEs and other business enterprises not less than fifteen days prior to the submission of bids. (8) The bidder negotiated in good faith with interested MBEs, WBEs and other business enterprises and did not unjustifiably reject as unsatisfactory bids prepared by any enterprises, as determined by the City. As documentation the bidder must submit a list of all sub-bidders for each item of work solicited, including dollar amounts of potential work for MBEs, WBEs and other business enterprises. (9) The bidder documented efforts to advise and assist interested MBEs, WBEs and other business enterprises in obtaining bonds, lines of credit, or insurance required by the City or Contractor. The Federal Department of Housing and Urban Development has established expected levels-of participation for MBE and WBE sub-contractors. Failure to meet those levels shall not be a basis for disqualification of the bidder. A determination of the adequacy of a bidders' good faith effort must be based on due consideration of the indicia of good faith as set forth above. In the event that the City is considering awarding away from the lowest bidder or not _awarding a contract to a proposed bidder because the bidder is determined to be non-responsive for failure to comply with the good faith indicia set forth above, the City shall, if requested, and prior to the award of the contract, afford the bidder the opportunity to present evidence to the Mayor and Common Council in a public hearing of the bidders' good faith efforts in making its outreach. In no case should the City award away pursuant to this program if the bidder makes a good faith effort but fails to meet the expected levels of participation. For the purposes of this Policy, "minority" shall be synonymous with "minority person" as defined in California Public Contract Code Section 2000(0. Nothing herein restricts the discretion of the City to reject all bids in accord with Charter Sections 140 and 238 or Chapter 3.04 of the San Bernardino Municipal Code. The directions set forth herein shall take effect immediately, and all City Departments shall modify their implementation programs to the extent such programs are inconsistent with this policy. SP-7 2-1.04 SUBMISSION OF MBE/WBE INFORMATION — GOOD FAITH EFFORTS - The Contractor may submit the MBE/WBE INFORMATION — GOOD FAITH EFFORTS document with the contract Bid Documents prior to the hour of the bid opening. If this document is not submitted with the Bid Documents, it must be submitted to the Facilities Management Department, upon request, by 4:30 p.m. on the fourth working day following the day of the bid opening. In addition, the County of San Bernardino Department of Housing and Development Minority and Women Owned Business Enterprise Participation" document ( Page 9 and 10 of ATTACHMENT "D" of these Special Provisions ) must be submitted to the City prior to the Pre-Construction Meeting for this project. 2-1.05 WITHDRAWAL OF BIDS -- A bid may be withdrawn by a written request signed by the Bidder. Such requests must be delivered to the City's designated official prior to the bid opening hour stipulated in the "Notice Inviting Sealed Bids" or an amended date and hour stipulated in a signed addenda to the Special Provisions. The withdrawal of a bid will not prejudice the right of the Bidder to submit a new bid, providing there is time to do so. Bids may not be withdrawn after said bid opening hour without forfeiture of the bidder's bid guarantee. 2-1.06 IRREGULAR BIDS -- Unauthorized conditions, limitations, or provisions attached to a bid will render it irregular and may cause its rejection. The completed bid forms shall be without interlineations, alterations, or erasures. No oral, telegraphic, or telephonic bid, modification, or withdrawal will be considered. SP-8 SECTION 3 3-1 AWARD AND EXECUTION OF CONTRACT 3-1.01 GENERAL -- Award of the contract will be made by the Mayor and the Common Council at a Council meeting. The bidder, to whom the contract is awarded, shall file with the City all required bonds and insurance policies, and execute the contract within 10 calendar days after receiving notification of the award. Failure to file the stipulated documents and execute the contract within the prescribed time shall constitute good and sufficient grounds for rescission of the award and payment of 10% of the bid to the City as liquidated damages. 3-1.02 CONTRACT BONDS -- The Payment and Faithful Performance Bonds shall be filed with the City before the contract is executed by the City in accordance with Section 2-4, "CONTRACT BONDS", of the Standard Specifications. The contract bonds, including Payment Bond (Material and Labor Bond) and Performance Bond shall be underwritten by a surety company having a rating in Best's most recent Insurance Guide of"A" or better. Bonds must be issued by a surety who is listed in the latest version of U.S. Department of Treasury Circular 570 and is authorized to issue bonds in the State of California. 3-1.03 DISQUALIFICATION OF BIDDERS -- In the event that any Bidder acting as a prime contractor has an interest in more than one submitted bid, all such submitted bids will be rejected and the Bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one Bidder and, while doing so, may also submit a formal bid as a prime contractor. No contract will be executed unless the Bidder is licensed in accordance with the provisions of the State Business and Professions Code. The Contractor shall fill out all documents contained in the Bid Document section, and comply with all the requirements of the Bid Documents and specifications contained in the Special Provisions. Failure of the bidder to fulfill the requirements of the Special Provisions for submittals required to be furnished after bid opening, including but not limited to ATTACHMENT "D" forms, BMP/SWPPP, traffic control and detour plans or escrowed bid documents, where applicable, may subject the bidder to a determination of the bidder's responsibility in the event it JS the apparent low bidder on a future Parks, Recreation & Community Service contracts. SP-9 3-1.04 AWARD OF CONTRACT -- Following a review of the bids, the City shall determine whether to award the contract or to reject all bids. The award of contract, if made, will be to the lowest responsible Bidder as determined solely by the City. Additionally, the City reserves the right to reject any or all bids, to accept any bid or portion thereof, to waive any irregularity and to take the bids under advisement for the period of time stated in the legal notice inviting sealed bids as may be required to provide for the best interest of the City. The Contractor's original signature on the Bid Form shall constitute a commitment on the part of the Bidder to furnish the items as set forth in the Bid Form, the Instructions to Bidders, the Plans, the Special Provisions and the Notice Inviting Sealed Bids. The Bidder to whom the contract is awarded shall be notified upon approval of the contract by the Mayor and Common Council. The Notice Inviting Bids, the Instructions to Bidders, the Bid Form, the Plans, Special Provisions and Standard Specifications, Addenda, together with any attachments, shall be considered as part of the contract between the City and the Contractor to whom the contract is awarded. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the Bidder to whom the award is contemplated. 3-1.05 REQUIRED EXAMINATION OF ALL CONTRACT DOCUMENTS A. Before submitting a Bid, each Bidder shall thoroughly examine and be familiar with the Specifications, Plans, and addenda, or any other Contract Documents. The submission of a Bid shall constitute an acknowledgement upon which the-City may rely.that the Bidder has thoroughly examined and is familiar with all the Contract Documents. B. The failure or neglect of a Bidder to receive or examine any of the Contract Documents shall in no way relieve that Bidder from any obligation with respect to its Bid or to the Contract. No claim for additional compensation will be allowed which is based upon a lack of knowledge of any Contract Documents. C. The Bidder shall not be allowed any extra compensation by reason of any matter or thing, concerning that which such Bidder might have fully informed himself prior to the bidding. D. No Bidder shall at any time after submission of a bid make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the ' job. f SP-10 3-1.06 REQUIRED INSPECTION OF THE SITE -- A. Bidders are required to inspect the site of the work to satisfy themselves by personal examination, or by such other means as they may prefer, of the location of the proposed work, and of the actual conditions, including subsurface of, and at, the site of the work. B. If, during the course of examination, a Bidder finds facts or conditions that appear to be in conflict with the letter or spirit of the bidding documents, the Bidder shall notify the City immediately. C. Submission of a Bid by the Bidder shall constitute conclusive evidence that, if awarded the Contract, it has relied and is relying on its own examination of the following: I. The site of the work. 2. Access to the site. 3. All other data and matter requisite to the fulfillment of the work. 4. The Bidder's own knowledge of existing facilities on and in the vicinity of the site of the work under the Contract. 5. The conditions to be encountered. 6. The character, quality, scope and complexity of the proposed work. 7. The quality and quantity of the materials to be furnished. 8. The requirements of the Specifications, Plans, any addenda, or any other Contract Documents. D. The information provided by the City is not intended to be a substitute for, or a supplement to, the independent verification by the Bidder to the extent such independent investigation of site conditions is deemed necessary or desirable by the Bidder. SPA I SECTION 4 4-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK TIME OF COMPLETION AND LIQUIDATED DAMAGES 4-1.01 GENERAL -- Attention is directed to the provisions in Section 6-1, "Construction Schedule and Commencement of Work", in Section 6-7.1, "Time of Completion" and in Section 6-9, "Liquidated Damages" of the Standard Specifications and these Special Provisions. 4-1.02 PRE-CONSTRUCTION MEETING -- The Pre-Construction Meeting shall be within 10 working days of the notification of the award of the contract by the Mayor and Common Council. The Contractor shall, at the time of notification, inform the City of any special circumstances or conditions that might prohibit the Contractor from attending a Pre- Construction Meeting during this period, or from commencing work as scheduled. 4-1.03 NOTICE TO PROCEED -- The Notice to Proceed will be issued within 10 working days of the Pre-Construction meeting. The Contractor shall immediately notify and obtain the approval of the City, prior to the Pre-Construction Meeting, should special circumstances or conditions exist that might_prohibit the Contractor from commencing work as scheduled. 4-1.04 WORKING DAYS -- The Contractor shall diligently prosecute the work to completion before the expiration of 20 WORKING DAYS from the date of the "NOTICE TO PROCEED". 4-1.05- LIQUIDATED DAMAGES -- The Contractor shall pay to the City of San Bernardino the sum of $200.00 per day for each calendar day's delay in finishing the work in excess of the number of working days prescribed above. SP-12 In case all the work called for is not completed in all parts and requirements within the time specified, the City shall have the right to grant or deny an extension of time for completion, as may seem best to serve the interest of the City. The Contractor will not be assessed with liquidated damages during the delay in the completion of the work caused by acts of God or of the Public Enemy, acts of the State, fire not due to acts of Contractors or Subcontractors, epidemics, quarantine, restrictions, freight embargo, unusually severe weather, or delays of Subcontractors due to such causes provided that the Contractor shall, within ten (10) days from the beginning of such delay, notify the City, in writing, of the cause of the delay. The City will ascertain the facts and the extent of the delay, and the findings thereon shall be final and conclusive. The Contractor's proposed Construction Schedule, Traffic Control Plan and Traffic Detour Plan (as required) shall be submitted to the City within ten (10) working days after the date of the Notice of Award of the Contract. The Construction Schedule shall be supported by written statements from each supplier of materials or equipment indicating that all orders have been placed and acknowledged and setting forth the dates that each item will be delivered. The schedule shall be in the form of a tabulation, chart or graph. -4-1.06 PROGRESS REPORTS AND ACCOUNTING OF CONTRACTOR WORKING DAYS -- The Contractor shall submit periodic Progress Reports to the Inspector by the tenth of each month. The report shall include an updated Construction Schedule. Any deviations from the original schedule shall be explained. Progress payments will be withheld - pending receipt of any outstanding reports. Section 6-7.3, "Contract Time Accounting", of the Standard Specifications is superseded by these Special Provisions. The Inspector or his/her designee will make a daily determination of each working day to be charged against the contract time. Per the Contractor's written request, the Inspector will provide working and non-working days to the Contractor. 4-1.07 INSPECTION -- The Contractor is responsible to notify the Facilities Management Department 48 hours prior to start of any work. Any work performed without inspection by the City is subject to rejection and removal of work performed and, at the Contractor's expense, the work will have to be reconstructed. At the City's request, and the Contractor's expense, any pipes less than 24" must be inspected by camera for joint grouting and any other inspection. For inspection after regular working hours, see Section 6-1.06 "HOLIDAYS, WORKING DAYS AND HOURS", of these Special Provisions. 4-1.08 PERMITS AND LICENSES -- Prior to issuance of a "Notice to Proceed", Contractor shall obtain a City Business Registration from the City Clerk's Office, San Bernardino City Hall, 300 North "D" Street, 2nd Floor, San Bernardino, CA 92418. SP-13 --- SECTION 5 5-1 LEGAL REQUIREMENTS 5-1.01 INSURANCE REQUIREMENTS -- The Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. The Contractor shall indemnify and save harmless the City of San Bernardino, the County of San Bernardino, the State of California, and/or any incorporated city from all claims or suits for damages arising from the prosecution of the contract work, as more fully described in Subsection 5-1.06, "Contractor's Liability", of these Special Provisions.. The Contractor agrees to protect, defend and indemnify the City of San Bernardino against loss, damage or expense by reason of any suit claims, demands,judgments and causes of action caused by the Contractor, its employees, agents or any subcontractor, or by any third party arising out of or in consequence of the performance of all or any operations covered by the Certificate of Insurance. The Contractor, at its option, may include such coverage under Public Liability coverage. -- -- 5-1.02 LIABILITY INSURANCE -- The Contractor's attention is directed to Section 7-3, "Liability Insurance", of the Standard Specifications, providing that the Contractor shall furnish the City with a policy or certificate of liability insurance prior to execution of the contract. All of the Insurance Policies shall name the City of San Bernardino as an additional insured. The endorsement shall be provided by the broker or agent of the insurance company and shall be notarized to that effect. ACCORD Forms are not acceptable, nor forms signed by the broker, unless they have Power of Attorney to bind the insurance provider. (See attached sample forms.) Contractor shall maintain minimum limits of insurance no less than: 1. General Liability: $1,000,000.00 per occurrence and $2,000,000.00 aggregate for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this project/location; SP-14 2. Products/Completed Operations: $1,000,000.00 per occurrence and $2,000,000.00 aggregate; 3. Automobile Liability: $1,000,000.00 per accident for bodily injury and property damage; 4. Employer's Liability: $1,000,000.00 per accident for bodily injury or illness; 5. Course of Construction: Completed value of the project. 5-1.03 WORKERS' COMPENSATION INSURANCE -- The Contractor's attention is directed to Section 74, "Workers' Compensation Insurance", of Standard Specifications, providing that the Contractor shall file a signed Certificate of Workers' Compensation Insurance before execution of the contract. 5-1.04 PAYMENT OF PREVAILING WAGE RATE -- The Contractor and all subcontractors shall pay each craft or worker employed on this project not less than the higher of the two applicable wage classifications, either State Prevailing Wage or Davis-Bacon Federal Prevailing Wage. The Inspector shall have the right to interview any craft or worker on the project site in order to verify payment of prevailing wage rates in accordance with City Resolution No. 90-358. Prevailing wage shall comply with current rates and all updates. The Contractor shall comply with the provisions in Sections 10262 and 10262.5 of the Public Contract Code and Section 7108.5 of the Business and Professions Code concerning prompt payment to subcontractors. 5-1.05 PAYROLL RECORDS -- The Contractor's attention is directed to the following provisions of Labor Code Section 1776. The Contractor shall be responsible for the compliance with these provisions by his subcontractors. In addition to ATTACHN ENT "D" requirements, the following shall apply: (a) The Contractor and all subcontractors shall keep an accurate payroll record, showing the name address, social security number, work classification, straight time, and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with public work. SP-15 (b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis: (1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to such employee or his or her authorized representative on request. (c) Each Contractor shall file a certified copy of the records enumerated in subdivision (a) with the Inspector on a weekly basis. It will be the Contractor's responsibility to submit the records enumerated in subdivision (a) for all his subcontractors, in addition to his own employees. Failure to submit the records enumerated in subdivision (a) on a timely basis shall constitute good and sufficient reason for withholding the partial payments for work accomplished. 5-1.06 CONTRACTOR'S LIABILITY -- The City of San Bernardino, the Mayor and Common Council, the City Manager or the Director of the Facilities Management Department shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof; or for any of the materials or other things used or employed in performing the work; or for injury to any person or persons either workers or the public; or for damage to any person or persons, either workers or the public; or for damage to _-adjo_ining_property_from_any_cause__which might have been prevented by the Contractor, or his workers, or any one employed by him; against all of which injuries or damages to persons and property the Contractor, having control over such work, must properly guard. The Contractor shall be responsible for any injury to any person or damage to property resulting from any defects or obstruction occurring any time before project completion and final acceptance, and shall indemnify and save harmless the City of San Bernardino, the Mayor and Common Council, the City Manager or the Director of the Facilities Management Department from all suits or actions of every name and description brought for, or on account of, any injuries or damages received or sustained by any person or persons, by the Contractor, his servants or agents, in the construction of the work or in consequence of any negligence in guarding the same, in improper materials used in its construction, by or on account of any act or omission of the Contractor or his agents, and so much of the money due the Contractor under and by virtue of the Contract as shall be considered necessary by the City may be retained by the City until disposition has been made of such suits or claims for damages aforesaid. SP-16 If, in the opinion of the Inspector, the precautions taken by the Contractor are not safe or adequate at any time during the life of the Contract, the Inspector may order the Contractor to take further precautions, and if the Contractor shall fail to do so, the City may order the work done by others and charge the Contractor for the cost thereof, such cost to be deducted from any monies due, or becoming due, the Contractor. Failure of the Inspector to order such additional precautions, however, shall not relieve the Contractor from his full responsibility for public safety. 5-1.07 ATTORNEY'S FEES AND ARBITRATION -- The prevailing party in any legal action to enforce or interpret any provisions of this Agreement will be entitled to recover from the losing party all attorney fees, court costs and necessary disbursements in connection with that action. The costs, salary and expenses of the City Attorney and members of his office, in connection with that action, shall be considered as attorney's fees for the purposes of this Agreement. Caltrans Standard Specifications Section 9-1.10 regarding Binding Arbitration is hereby specifically excluded from this Contract. 5-1.08 CITY BUSINESS REGISTRATION CERTIFICATE -- The Contractor warrants it possesses, or shall obtain, and maintain during the term of this Agreement, a business registration certificate pursuant to Title 5 of the City of San Bernardino Municipal Code, and any and all other licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required of contractor/consultant/vendor to practice its profession, skill or —business.—Contractor-shall-obtain a City of San Bernardino-Business Registration at his/her own expense. SP-17 ACORD FORM INSURANCE SAMPLE: ACCORD CERTIFICATE OF INSURANCE DATE(MM/YY/DD) A&\ 00/00/00 PRODUCER THIS CERTIFICATE ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. COMMERCIAL ASSOCIATES INS.,INC. THIS CERTIFICATE DOES NOT AMEND,EXTEND, OR ALTER 1226 EAST LA PALMA AVENUE THE COVERAGE AFFORDED BY THE POLICIES BELOW. ANAHEIM, CA 92807 COMPANIES AFFORDING COVERAGE (714)524-4949 FAX: (7145)524-4940 COMPANY A CNA-TRANSCONTINENTAL INSURED COMPANY B CNA-VALLEY FORGE COMPANY YOUR COMPANY NAME C CHUBB GROUP-FEDERAL INSURANCE AND ADDRESS COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM,OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CO POLICY POLICY EFFECTIVE POLICY EXPIR LTR TYPE OF INSURANCE NUMBER DATE(MvVYY/DD) DATE(MM/YY/DD) LIMITS GENERAL 1J.4BILIlI' EACH OCCURRENCE b 1,000000 X COMMERCIAL GEN LIABILITY FIRE DAMAGE(ANY ONE FIRE) A $ 500,000 CLAIMS MAC OCCUR MID EXP(ANYONE PERSON) S S 000 x OWNER'S d CONTRACTOR'S PROT 102267576 02/01/9E 02/01/99 PERSONAL&ADV 1NJUIUY b 1,000,000 GENERAL AGREGATE S2,000,000 PRODUCTS-COMP/OP AGG $2,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE llMIT $1,000,000 X AUTO BODILY INJURY (Per Person $ B ALL OWNED AUTOS BODILY INJURY f BAP 5197135 02/01/98 02/01/99 (Per Accident SCHEDULED AUTOS PROPERTYDAMAGE (Per Accident) S HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY AUTO ONLY•EACH ACCIDENT S other than atao only: ANY AUTO EACH S ACCIDENT other than atao only: f AGGREGATE WORKERS ODWENSAT 0NAND WORKERS COMP EMPLOYER'S LIABEM X STATUTORY LU4TS C E.L.EACH ACCIDENT S1,0D0,000 . WC XXXXXX 02/01198 02/01/99 THE PROPRBMIOR/ INCL E.L.DISEASE-EA EMPLOYEE $1'000.000 PARTNERSBXECUITV E OFFICERS ARE EXCL E.L.DISEASE-POLICY LIMIT SI,000,000 OTHER DESCRIPTION OF OPERATIONSA.00ATIONSNEHICLES/SPECIAL ITEMS JOB LOCATION: ALL CALIFORNIA OPERATIONS OF THE NAMED INSURED RE: (INSERTPROJECT NAME) BELOW NAMES AS ADDPTIONAL INSURED WITH RESPECT TO GENERAL LIABILITY AS REQUIRED BY PROJECT CONTRACT CERTIFICATE HOLDER CANCELLATION THE CITY OF SAN BERNARDINO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, LEFT.THE DEPARTMENT OF PARKS,RECREATION ISSUEING COMPANY WILL MAD. NAMES TO DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NA TO THE &COMMUNITY SERVICES AUTHORIZED REPRESEMATIVE 201A NORTH "E" STREET, SUITE 11103 JOHN E.SMITH (Sjk=nule) SAN BERNARDINO,CA 92401 ACCORD 25-5 INS O ACCORD CORPORATION SP-18 COMMERCIAL GENERAL LIABILITY NAMED INSURED: POLICY NUMBER: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED ------ OWNERS, LESSEES OR CONTRACTORS ( FORM B ) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART-OCCURRENCE SCHEDULE NAME OF PERSON OR ORGANIZATION: CITY OF SAN BERNARDINO, DEPARTMENT OF FACILITIES MANAGEMENT 3000 NORTH "D" STREET, SAN BERNARDINO, CA 92401 S WKE ONLI" (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work" for that insured by or for you. NOTE: MUST BE SIGNED BYA UTHORIZED REPRESENTATIVE FOR PROVIDER SUPPLY POWER OFATTORNEY GIVING A UTHORITY TO BIND CG 20 10 11 85 Authorized Representative for CNA Insurance Group Golden Eagle Insurance Company SP-19 SECTION 6 6-1 GENERAL 6-1.01 INCREASED OR DECREASED QUANTITIES -- If the total pay quantity of any item of work subject to the provisions in Section 3-2.2.1, "Contract Unit Prices", "increased or decreased quantities", of the Standard Specifications varies by more than 25 percent, compensation payable to the Contractor will be determined in accordance with said Section 3-2.2.1 and these Special Provisions. When the compensation payable for the number of units of an item of work performed in excess of 125 percent of the City's Estimate is less than $1,500 at the applicable contract unit price, the City reserves the right to make no adjustment in said price if the City so elects, except that an adjustment will be made if requested in writing by the Contractor. Such Contractor's request shall be accompanied by adequate, detailed data to support costs of the item. Should the total pay quantity of any item of work required under the contract be less than 75 percent of the City's Estimate, therefor, the City reserves the right to make no adjustment in said price if the City so elects, except that an adjustment will be made if requested in writing by the Contractor. Such Contractor's request shall be accompanied by adequate, detailed data to support costs of the item. The payment of the total pay quantity of such item of work will in no case exceed the payment which would be made for the performance of 75 percent of the City's Estimate of the quantity at the original contract unit price. 6-1.02 SOUND CONTROL REQUIREMENTS -- Sound control shall comply with Chapter 8.54 of the City of San Bernardino Municipal Code and these Special Provisions. The noise level from the Contractor's operations between the hours of 9:00 p.m. and 6:00 a.m. shall not exceed 86 dbA at the distance of 50 feet. This requirement in no way relieves the Contractor from responsibility for complying with local ordinances regulating noise levels Said noise level requirements shall apply to all equipment on the job or related to the job, including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel. SP-20 . i 6-1.03 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) REQUIREMENTS --The Contractor shall adhere strictly to Sections 7-8 and 7-10 of the Standard Specifications for Public Works (Green Book) through the entire project. The Contractor, without limitation, shall be responsible to provide and implement Best Management Practices to comply with National Pollution Discharge Elimination System (NPDES) standards and practices. The Contractor shall be responsible, to the fullest extent possible, not to permit any contaminants, including soil, to enter any drainage system. Contractor shall be responsible to be prepared to provide hay bales or similar devices to prevent erosion from being washed into the storm drain system. The Contractor shall be responsible to maintain equipment so that oil, grease, gasoline, diesel fuel, et al., does not contaminate areas subject to run-off. The Contractor and its Surety shall fully indemnify the City for any pollution damage and/or cleaning costs. All construction on off-site or on-site improvements shall adhere to NPDES (National Pollution Discharge Elimination System) Best Management Practices to prevent deleterious materials or pollutants from entering the City or County storm drain systems. The following are the areas to be addressed where applicable: 1. Handle, store and dispose of materials properly. 2. Avoiding excavation and grading activities during wet weather. 3. Construct diversion dikes and drainage swales around working sites. 4. Cover stockpiles and excavated soil with secured tarps or plastic sheeting. 5. Develop and implement erosion control plans. 6. Check and repair leaking equipment away from construction site. 7. Designate a location away from storm drains for refueling. 8. Cover and seal catch basins whenever working in their vicinity. 9. Use vacuum with all concrete sawing operations. 10. Never wash excess material from aggregate, concrete or equipment onto a street 11. Catch drips from paver with drip pans or absorbent material. 12. Clean up all spills using dry methods. 13. Sweep all gutters at the end of each working day. Gutters shall be kept clean after leaving construction site. 14. Call 911 in case of a hazardous spill. 15. Keep a running log of all activities in connection with the Storm Water Pollution Prevention Plan (SWPPP) 16. Name a person, on site, responsible for complying with S.W.P.P.P. BEST MANAGEMENT PRACTICES ( BMPs ): Best Management Practices shall be defined as any program, technology, process, site criteria, operating method, measure, or device which controls, prevents, removes, or reduces pollution. The Contractor shall obtain and refer to the California Storm Water Best Management Practice Handbooks, Volume 3 Construction BMP Handbook and the County Regional Best Management Practices Handbook for Construction Activities. SP-21 The Contractor shall have a minimum of two (2) readily accessible copies of each publication on the Work site at all times. The Contractor shall implement the following BMPs in conjunction with the construction operation and activities: CONSTRUCTION PRACTICES Water Conservation Practices Dewatering Paving Operations Structure Construction and Painting MATERIAL MANAGEMENT Material Delivery and Storage Material Use Spill Prevention and Control WASTE MANAGEMENT Solid Waste Management Hazardous Waste Management Contaminated Soil Management Concrete Waste Management Sanitary/Septic Waste Management VEHICLE AND EQUIPMENT MANAGEMENT Vehicle and Equipment Cleaning Vehicle and Equipment Fueling Vehicle and Equipment Maintenance VEGETATIVE STABILIZATION Scheduling Preservation of Existing Vegetation Temporary Seeding and Planting Mulching PHYSICAL STABILIZATION Geotextiles and Mats Soil Stabilizer/Dust Control Temporary Stream Crossing Stabilized Construction Roadway Stabilized Construction Entrance SP-22 RUNOFF DIVERSION Sodding, Grass Plugging, and Vegetative Buffer strips Earth Dikes, Drainage Swales, and Lined Ditches Top and Toe of Slope Diversion Ditches/Berms Slope Drains and Subsurface Drains VELOCITY REDUCTION Flared Culvert End Sections Outlet Protection/Velocity Dissipation Devices Check Dams Slope Roughening/Terracing/Rounding SEDIMENT TRAPPING Silt Fences Straw Bale Barrier Sand Bag Barrier Brush or Rock Filter Storm Drain Inlet Protection Sediment Traps Sediment Basin Additional BMPs may be required as a result of a change in actual field conditions, contractor activities, or construction operations. When more than one BMP is listed under each specific BMP category, the Contractor shall select the appropriate and necessary number of BMP-s with-ih-each category-in-order-to-achieve the-BNT—objective. BMPs for contractor activities shall be continuously implemented throughout the project. Resources to implement BMPs for erosion control and sedimentation shall be readily available and implemented throughout the construction phase and whenever the National Weather Service predicts rain within 24 hours. BMPs for erosion control and sedimentation shall also be implemented prior to the commencement of any contractor activity or construction operation that may produce run-off, and whenever run-off from other sources may occur. The CITY, as Permittee, is subject to enforcement actions by the State Water Resources Control Board, Environmental Protection Agency, and private citizens. The CITY may assess the Contractor a penalty of $1,000 for each calendar day that the Contractor has not fully implemented the BMPs specified for the Contract and/or is otherwise in noncompliance with these provisions. In addition, the CITY will deduct, from the final payment due the Contractor, the total amount of any fines levied on the CITY, plus legal and staff costs, as a result of the Contractor's lack of compliance with these provisions and/or less than complete implementation of the specified BMPs. SP-23 STORM WATER POLLUTION PREVENTION PLAN ( SWPPP): A Storm Water _ Pollution Prevention Plan (SWPPP) shall be defined as a report that includes site map(s), identification of construction and contractor activities that could pollute storm water, and a description of measures and practices to control the potential pollutants. The preparation and implementation of the SWPPP is intended to ensure that the Contractor will make every reasonable effort to prevent the pollution of water resources during the period of construction. All projects, regardless of size, shall have a SWPPP developed prior to the performance of any soil disturbing activities. Projects over one acre are placed under the regulations of the National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharge Associated with Construction Activity. In the State of California, these regulations are adopted by the State Water Resources Control Board and as such projects that fall into this category must submit a Notice of New Construction (NONC) to the State Water Resources Control Board (SWRCB) to obtain a waste discharge identification number (WDID). This information is available for review and downloading on the State of California, Department of Transportation web site at http://www.dot.ca.gov/hq/construc/stormwater/manuals. SWPPP's over one acre shall be prepared under the supervision of, and signed by, a Civil Engineer registered by the State of California. All SWPPP's shall include and incorporate BMPs that address contractor activities, erosion, and sedimentation control. The SWPPP shall also include and incorporate appropriate BMPs for run-off generated by construction activities and other non-storm water sources. During all periods of construction, excavated soils which are stored on-site shall be completely covered with waterproof material and sand (or gravel) bagged or bermed in order that, in the event of a storm, no soil becomes mixed with or transported by storm water run-off. If, during construction operations, field conditions change in a manner which, in the opinion of the Inspector, significantly deviates from how the SWPPP, as approved by the CITY, addressed the current construction operation, the Inspector may direct the Contractor to revise the current construction operation and/or the SWPPP. Such directions will be made in writing and will specify the items of work for which the SWPPP is inadequate. No further work on these items will be permitted until the Contractor revises the construction operations to the satisfaction of the Inspector and/or until the Contractor submits a revised SWPPP and receives CITY approval. The Inspector shall notify the Contractor of the acceptance or rejection of the revised SWPPP within seven (7) working days from the date of submittal. The BMP (Best Management Practices) and/or SWPPP (Storm Water Pollution Prevention Plan) shall be submitted to the CITY for review and approval a minimum of ten (10) working days prior to the commencement of construction operations in accordance with this Section 6-1.03 of these Special Provisions. SP-24 I I ' i i I The City's NPDES Section shall be contacted prior to any work to determine whether or not the project will require the development of a Water Quality Management Plan(WQMP). THE CONTRACTOR SHALL COMPLY WITH THESE REQUIREMENTS AND I CITY'S DIRECTIONS DURING THE COURSE OF CONSTRUCTION. Full compensation for the implementation of BMPs, including the construction, removal, and the furnishing of all necessary labor, equipment, and materials to comply fully with NPDES requirements shall be considered as included in the contract bid lump sum price, or if no specific bid item, the contract bid prices paid for the various bid items of work, and no additional compensation shall be allowed therefor. I Full compensation for preparation of the SWPPP, revisions to the SWPPP, and all other related costs, including the construction, removal, and the furnishing of all necessary labor, equipment, and materials to comply fully with NPDES requirements shall be considered as included in the contract bid lump sum price, or if no specific bid item, the contract bid prices paid for the various bid items of work, and no additional compensation shall be allowed therefor. 6-1.04 PERMITS AND LICENSE -- The Contractor shall pay for and obtain a City Business Registration prior to the execution of the contract at his/her own expense. Prior to the commencement of work, the Contractor shall obtain all required permits from all other City of San Bernardino Departments/divisions and/or agencies including; but not limited to, Building Inspection Division, Public Services—Sewer, Water, County Flood Control, Railroad, Caltrans, Fish & Game, Corp. of Engineers, Regional Water Quality Board, etc., at his/her own expense, unless otherwise stated in the Plans and Specifications. These fees and permits shall include water and sewer hook-up, meter, inspection and flagging fees. 6-1.05 EXTRA WORK AND MARKUP -- Any extra work done shall conform to the provisions of Section 3.3, "Extra Work", of the Standard Specifications, subject to the restrictions of Section 20452 and 20455 of the Public Contract Code. SP-25 A. Work by Contractor The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor 20 2) Material 15 3) Equipment Rental 15 4) Other items and Expenditures 15 To the sum of the costs and markups provided for in this subsection, compensation for bonding shall be at the rate specified by the bonding company. B. Work by Subcontractor When all or any part of the extra work is performed by a Subcontractor, the markup established above shall be applied to the Subcontractor's actual cost of such work, also a markup of 10 percent on the first $5,000.00 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000.00 of the subcontracted portion of the extra work may be added by the Contractor. 6-1.06 HOLIDAYS WORKING DAYS AND HOURS -- The Contractor's activities shall be confined to the hours between 7:00 -a.m. and 4:30 p.m.,-Monday through Friday, excluding holidays, as defined in this section. Deviation from these hours will not be permitted _ vithouithe prior-consent of the Ins ector, except in emergencies involving immediate hazard to persons or property. No traveled lane shall be closed during rush hour, (7:00 a.m. to 8:30 a.m. and 4:30 p.m. to 6:00 p.m., unless approved by the City Engineer. The Contractor shall coordinate with the Inspector regarding working hours prior to start of construction. In the event of either a requested or emergency deviation, inspection service fees will be charged against the Contractor. The service fees will be calculated at overtime rates, including benefits, overhead and travel time. The Contractor will coordinate inspections with the Inspector 48 hours prior to any work being done during evenings or Saturdays. Designated legal Holidays are: January I", the third Monday in January, the third Monday in February, the last Monday in May, July 4t', the first Monday in September, November 11�', Thanksgiving Day and the Friday following, December 250' and the working day preceding or following (as directed by the Mayor and Common Council) and the last working day of the year. When a designated legal holiday falls on a Sunday, the following Monday shall be a designated legal holiday. When a designated legal holiday falls on a Saturday, the preceding Friday shall be designated a legal holiday. SP-26 6-1.07 PAYMENTS -- Attention is directed to Section 9-3, "Payments", and 9-3.2, "Partial and Final Payment", of the Standard Specifications and these Special Provisions. No partial payment will be made for any materials which are furnished, but not incorporated in the work. The Contractor shall submit "As Built" project drawings to the Engineer prior to the release of final payment and/or bonds. 6-1.08 PROJECT APPEARANCE -- The contractor shall maintain a neat appearance to the work including use of street sweeping. In any area visible to the public, the following shall apply: When practicable, broken concrete and debris developed during clearing and grubbing shall be disposed of concurrently with its removal. If stockpiling is necessary, the material shall be removed or disposed of weekly unless otherwise specified. The Contractor is encouraged to recycle all materials. The Contractor shall provide the City all documents as to the weight of materials removed during excavations in accordance with the requirements of AB939. 6-1.09 DISPOSAL OF EXCESS EXCAVATED OR REMOVED MATERIAL -- Unless otherwise specified, all excess excavation or removed material shall become the property of the Contractor and shall be disposed of by him away from the site of the work. 6-1.10 SURVEYING SERVICE -- Surveying and/or contract staking shall be done per Section 2-9.2 of the Standard Specifications and these Special Provisions. All new and replaced survey ties shall be by transit method. The Contractor shall perform and be responsible for the accuracy of surveying adequate for construction. A California registered Civil Engineer licensed to perform surveying or a California registered Land Surveyor shall perform any surveying or staking, as directed by the Engineer, at the expense of the Contractor. The Contractor shall preserve construction survey stakes and marks for the duration of their usefulness. If any construction survey stakes are lost or disturbed and need to be replaced, such replacement shall be by the Contractor at the expense of the Contractor. In case of missing or incorrect ties, the Contractor's Surveyor shall restore ties as necessary at the expense of the Contractor. The Contractor shall submit to the City a copy of all survey notes and a Certificate Record of Survey. SP-27 All existing monumentation shall be tied and recorded prior to construction. Corner Records shall be filed, pre and post construction, in accordance with Section 8771 of the Business and Professions Code (AB 1414). Final monumentation of alignments and new R/W lines shall be performed in accordance with the State of California Surveys Manual (latest edition). Record of Surveys or In-Lieu Maps, as applicable, shall be prepared and filed. One reproducible (mylar) copy of all filed maps and one photocopy of all filed Corner Records or Records of Survey shall be delivered to the City within 30 days of such filings. The Contractor shall refer to the California Land Surveyors Association (CLSA) and Consulting Engineers and Land Surveyors of California (CELSOC) survey monument preservation guidelines. Full compensation for preparation of the survey documents, revisions to the survey documents, and all other related costs, including the construction, removal, and the furnishing of all necessary labor, equipment, and materials to comply fully with these Special Provisions and the CLSA shall be considered as included in the contract bid lump sum price, or if no specific bid item, the contract bid prices paid for the various bid items of work, and no additional compensation shall be allowed therefor. 6-1.11 CLAYTON ACT AND CARTWRIGHT ACT -- Section 4551 of the State Government Code specifies-that iri executing a public works contract with the CITY to supply goods, services or materials, the Contractor or Subcontractor offers and agrees to assign to the CITY all rights,-title and interest in and to all causes of action-it may have under Section 4 of the Clayton Act(15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 commencing with Sec. 16700) of Part 2 of Division 7 of the Business and Professions Code, arising from purchase of goods, services or materials pursuant to the contract or subcontract. This assignment shall become effective when the CITY tenders final payment to the Contractor without further acknowledgement by the parties. 6-1.12 PROJECT ERRORS, OMISSIONS, INCONSISTENCIES, AND/OR DISCREPANCIES -- In the event of errors, omissions, inconsistencies, and/or discrepancies among two or more portions of the Contract Documents, the Engineer may direct the Contractor to follow the most stringent requirements at no additional cost. If errors, omission, inconsistencies, and/or discrepancies appear in the Contract Documents or in the work done by others affecting this work, the Contractor shall immediately notify the Inspector prior to proceeding with the work, and the Inspector shall issue appropriate instructions. If the Contractor proceeds with the work so affected, without instructions from the Inspector, the Contractor shall remove the incorrect work or make the necessary corrections to comply with the Inspector's instructions at no cost to the City of San Bernardino. SP-28 i In case of conflicts, errors, omissions, inconsistencies, and/or discrepancies on the plan sheets, it is assumed that the bid included the cost for implementing and/or constructing the discrepancy that would have the highest dollar value. 6-1.13 EMERGENCY INFORMATION -- The names, addresses and telephone heir representatives, which can be reached and subcontractors, or t , Ii numbers of the Contractor ands P will respond to calls 24 hours/day, shall be filed with the Facilities Management Department prior to beginning work. 6-1.14 MAINTENANCE OF EXISTING IMPROVEMENTS -- The Contractor shall protect and maintain all existing improvements and facilities in place to remain from the first day of work under this contract to acceptance. The Contractor is responsible for replacing any damaged improvement or facility to original condition or better. I 6-1.15 CONTRACTOR'S SAFETY RESPONSIBILITY -- The Contractor shall be solely and completely responsible for conditions of the jobsite, including safety of all persons and property during performance of the work. This requirement shall apply continuously and not be limited to normal working hours. Safety provisions shall conform to U.S. Department of Labor (OSHA), the California Occupational Safety and Health Act, and all other applicable Federal, State, County, and City laws, ordinances, regulations, codes, the requirements set forth below, and any regulations that may be detailed in other parts of the Contract Documents. Where any of these are in conflict,the more stringent requirement shall be followed. 6-1.16 SAFETY SUPERVISOR AND MEETINGS -- safety A. The Contractor shall appoint an employ ee as sa ty su p ervisor who is qualified and authorize to supervise and enforce compliance with the Safety Program. The Contractor shall notify the Inspector in writing prior to the commencement of work of the name of the person who will act as the Contractor's Safety Supervisor. 1 B. The Contractor will, through and with his Safety Supervisor, ensure that all of its employees, and its subcontractors of any tier, fully comply with the Project Safety Policies. The Safety Supervisor shall be a full-time employee of the Contractor whose responsibility shall be for supervising compliance with applicable safety requirements on the work site and for developing and implementing safety training classes for all job personnel. SP-29 C. The Contractor and its affected subcontractors shall attend safety coordination meetings. The minutes of their meetings shall be submitted to the Inspector. 6-1-17 MEETINGS -- A. The Contractor shall attend weekly progress meetings at the project site. B. In general, these meetings will be attended by the Contractor, the Inspector or his designee, and any subcontractors, suppliers, distributors or other concerned individuals with issues or items to discuss. C. Meeting minutes will be taken by the Inspector or his/her designee. The meeting minutes will be available to the Contractor at the following weekly meeting. The Contractor shall be responsible to distribute the meeting minutes to all parties performing work under his contract. D. The Inspector shall have the authority to require that a mandatory meeting be held at any time during normal work hours. E. These meetings shall be attended by the Contractor, the-Inspector or his/her designee, and any subcontractors specified by the Inspector. 6-1.18 PAYMENT -- Full compensation for conforming to the requirements of Section 6 shall be considered as included in the prices paid for the various contract bid items of work involved, and no additional compensation will be allowed therefor. -. SP-30 4. VERIZON 1980 Orange Tree Lane, Suite 100 Redlands, CA 92374-2803 Pho ne: (909 748-6644 Attn: Fernando Lopez ) 5. TIME WARNER TELCOM OF CALIFORNIA (ADELPHIA;COMCAST) 1500 Auto Center Drive Ontario, CA 91761-1561 Phone: (909) 795-3349 Attn: Stewart King 6. TIME WARNER TELCOM OF CALIFORNIA (ADELPHIA; TC1) 1500 Auto Center Drive Ontario, CA 91761-1561 Phone: (909) 798-8588 Attn: Mark Davenhauer 7. TIME WARNER TELECOM OF CALIFORNIA 3281 Guasti Road, Suite#350 Ontario, CA 91761 _ ____ _ Phone: (909)_456-3697 Attn: Richard Wilkerson __Cell: (714) 801-6141 8. A.T. & T. - OSP Engineering Cable Maintenance & Right of Way 2741 N.Main Street Walnut Creek, CA 94596-2714 Phone: (925) 944-8416 Attn: Rosemary Hamill 9. A.T. & T. (SBC-PACIFIC BELL TELEPHONE) ATTN: Right-of-Way Liaison 1265 N. Van Buren Street, Room #180 Anaheim, CA 92807 Phone: (714) 666-5401 Attn: Susan Morgan SP-32 10. SPRINT COMMUNICATIONS Attn: Outside Plant Engineering 282 South Sycamore Street Rialto, CA 92376 Phone: (909) 874-7450 Attn: Lynn Durrett 11. MCI—Western Region OSP Outside Plant Construction 157 S. Lilac Street Rialto, CA 92376 Phone: (909) 421-5309 Attn: Chuck Trimble 12. CHARTER COMMUNICATIONS 7337 Central Avenue Riverside, CA 92504-1440 Phone: (951) 343-5139 Attn: Dean Vandever 13. EAST VALLEY WATER DISTRICT 3654 Highland Avenue, Suite #18 Highland, CA 92346-2607 Phone: (909) 888-8986 Attn: Leida Etherton 14. SAN BERNARDINO COUNTY INFORMATION SERVICES NETWORK SERVICES ---- Attn: Randy Miller, Division Chief 670 E. Gilbert Street San Bernardino, CA 92415 Phone: (909) 388-5910 Attn: Michele Watson 15. OMNITRANS 1700 W. 5t' Street San Bernardino, CA 92411 --- Phone: (909) 379-7153 Attn: Allen Wild—Stops & Station Changes SP-33 _.__ f II'� - i I 9 1 16. CITY OF SAN BERNARDINO INFORMATION SERVICES—COMMUNICATIONS 300 North "D" Street 0 Floor San Bernardino, CA 92418 Phone: (909) 384-5947 Attn: Larry Martin 17. CITY OF SAN BERNARDINO PUBLIC SERVICES DEPARTMENT STREET DIVISION 234 S, Mt. View Avenue San Bernardino, CA 92408 Phone: (909) 384-5143 Attn: Elias Shehab 18. CITY OF SAN BERNARDINO PUBLIC SERVICES DEPARTMENT TRAFFIC SIGNALS & STREET LIGHTING 234 S. Mt. View, #110 San Bernardino, CA Phone: (909) 384-5129 Attn: Scott Zehm 7-1.02 CONTRACTOR'S RESPONSIBILITY -- The Contractor shall verify the location of all underground utilities and services, including potholing, before proceeding with the excavation work, requesting in advance the services of inspectors from the utility companies in order to ascertain said locations. Damage to underground utilities resulting from neglect on the part of the Contractor shall be corrected and paid for by the Contractor. 7-1.03 COOPERATION AND COLLATERAL WORK -- The Contractor shall conform to the requirements of Section 7-7, "Cooperation and Collateral Work", of the Standard Specifications. 7-1.04 UTILITIES NOTIFICATION -- The Contractor shall notify all owners of public utilities seventy two (72) hours in advance of excavating around any of their facilities and substructures and shall also provide the same notice to Underground Service Alert of Southern California, telephone number 1/800/422-4133. SP-34 I 7-1.05 UTILITIES INTERFERENCE -- Utilities which are found, by exploratory location or by excavation, to interfere with the construction of this project will be relocated, altered, or reconstructed, or the Inspector may order changes in location, line or grade of the project structure, to be built in order to avoid said utility. The Contractor may coordinate the work with the utility owners. Abandoned utilities, which interfere with the construction of any portion of this project, may be cut by the Contractor, the interfering portion of the utility removed and open ends of the pipe sealed with a suitable plug or cap. 7-1.06 PAYMENT -- Full compensation for conforming to the requirements of this Section, not otherwise provided for, shall be considered as included in the prices paid for the various contract bid items of work involved and no additional compensation will be allowed therefor. SP-35 SECTION 8 8-1 DESCRIPTION OF WORK 8-1.01 DESCRIPTION -- The work to be done consists, in general, of Design & installation of CCTV Security System by a qualified contractor, and such other items or details, not mentioned above, that are required by the Specifications, or these Special Provisions shall be performed, placed, constructed or installed. The work to be done shall include furnishing all materials, equipment, tools, labor, taxes and incidentals as required by the Contract Documents to construct the project. Addenda issued during the time of bidding shall become a part of the documents furnished to all bidders for the preparation of bids, shall be covered in the bids, and shall be made a part of the contract. Each Bid shall include specific acknowledgement in the space provided of receipt of all Addenda issued during the bidding period. Failure to so acknowledge Addenda may result in the Bid being rejected as not responsive. 8-1.02 ORDER OF WORK -- The first order of work shall be BLANK All other works shall be considered second order of work. 8-1.03 CLEAN UP AND DUST CONTROL -- Clean up and dust control shall conform to provisions in Section 7-8.1, "Clean Up and Dust Control", of the Standard Specifications. The Contractor shall water down the site during periods of high winds as directed by the Inspector, including periods when the work is not actually in progress. Failure to respond to a directive to water the site in a prompt manner will result in the City making other arrangements to have this item of work done and the costs billed to the Contractor, or it shall be paid for by the Contractor as a deduction from his contract. 1 SP-36 8-1.04 PROJECT LOCATION --2969 North Flores Street, San Bernardino 8-1.05 APPROVED MATERIALS -- Whenever the expression "or approved equal" is used, it shall be taken to mean the approval by the City of any substitution of material or material specified herein. All substitution requests shall state the reason for the request and the difference in price between the item specified and the requested substitution. All substitution requests shall be submitted to the City in writing five (5) working days prior to the bid opening. No requests for substitutions will be considered by telephone. The Contractor shall submit to the City for review and approval six (6) copies of all shop drawings. The Contractor shall make any corrections to shop drawings required by the City. 8-1.06 CITY-FURNISHED MATERIALS -- City furnished material, when applicable as specified in other sections of these Special Provisions, shall comply with the following: A. Materials, if furnished by the City, will be made available as specified in these Specifications. The Contractor is responsible for loading, unloading, hauling and handling, and placing City-furnished materials. B. The Contractor shall inspect and assure itself of the amount and soundness of such materials. C. The Contractor will be held responsible for all materials furnished to it, and shall pay all demurrage and storage charges. City-furnished materials that are lost or damaged from any cause whatsoever shall be replaced by the Contractor. The Contractor will be liable to the City for the cost of replacing City-furnished material and such costs may be deducted from any monies due or to become due the Contractor. SP-37 8-1.07 PRE-BID INQUIRIES — NO ORAL representations or interpretations will be made to any Bidder as to the meaning of the Specifications, Plans, any addenda, or other Contract Documents. Written requests for an interpretation, or to identify a potential omission, discrepancy, or misunderstanding will be accepted until one week prior to bid opening. If there are any questions regarding this project, please contact: Department of Facilities Management San Bernardino City Hall 300 North "D" Street, Basement San Bernardino, CA 92418 SUBJECT: INSTALLATION OF CLOSED CIRCUIT TELEVISION SECURITY SYSTEM AT DELMANN HEIGHTS BOYS AND GIRLS CLUB, 2969 N. FLORES STREET ( PR 04-31 ) RFQ F-08-23 Attention: Tony Frossard, Project Manager Tel: (909) 384-5244; Fax: (909) 384-5012 E-mail: frossard_to @sbcity.org SP-38 SECTION 9 THROUGH SECTION 49 BLANK SP-39 d SECTION 50 50-1 REMOVAL AND RESTORATION OF EXISTING IMPROVEMENTS EXCEPT STREET PAVEMENT 50-1.01 GENERAL - All existing improvements (except utilities and street pavements) including, but not limited to curbs, gutters, cross gutters, spandrels, driveways and sidewalks, walls, fences, sprinkler systems, lawns, shrubs, trees, and traffic signs, traffic striping and traffic detector loops which are damaged or removed during the course of construction of the project shall be restored or replaced to a condition equal to or better than, in all respects, the existing improvements removed or damaged, unless otherwise specified or noted on the drawings. The removal and restoration of existing improvements shall be in accordance with the applicable provision of these Special Provisions, the Standard Specifications, City Standard Drawings and the following requirements: 1. In the event a portion of curb, gutter or monolithic curb and gutter is damaged by the Contractor's operations, a minimum of 10 feet of curb, gutter or curb and gutter shall-be removed and replaced regardless of how short a length is damaged. The Contractor shall begin said 10-foot section, if possible, at an existing joint or scoring line. If said 10-foot section ends within 3 feet of an existing joint or scoring line, then the removal shall extend to said joint or scoring line. 2. If concrete cross gutter is damaged by the Contractor's operations, the cross gutter shall be removed in its entirety and replaced. 3. Concrete sidewalk shall be removed in its entirety between scoring lines or between scoring line and joint. Prior to removal, scoring lines shall be saw-cut. 4. If a concrete driveway is damaged and is a single monolithic structure, it shall be removed in its entirety and replaced. 5. If a concrete driveway is damaged and is monolithic with the sidewalk, it shall be set off from the sidewalk by a saw cut along the edge of the sidewalk. The driveway shall then be removed in its entirety and replaced. SP-40 6. If the roadside signs are damaged during the construction, they shall be restored or replaced to a condition equal or better than the existing per the prior approval of the City's Traffic Section. New installation shall not impede into required ADA access distance around obstacles. A minimum clearance of 48" shall be maintained. 7. If existing fence is in conflict with the new construction, fence shall be relocated by the Contractor. Unless otherwise specified, all excess excavation or removed material shall become the property of the Contractor and shall be disposed of by him away from the site of work. 50-1.02 PAYMENT - Full compensation for conforming to the requirements of this section, not otherwise provided for, shall be considered as included in the prices paid for the various contract items of work involved, and no additional compensation will be allowed therefor. SP-41 I S SECTION III BID CONTENT AND FORMS RFP F-08-23 City of San Bernardino TECHNICAL SPECIFICATIONS RFQ F-08-21 "CCTV Security System for Delmann Heights" NOTICE: "SPECIAL INSTRUCTIONS TO THE BIDDER" Services: Bidder shall complete right-hand column indicating brief reasoning for exceptions to requirements when not acceptable. State "Acceptable" if requirements are agreeable as set forth in left-hand column. Equipment: Bidder shall complete right-hand column indicating specific size and or make and model of all components when not exactly as specified. State "As Specified" if item is exactly as set forth in the left-hand column. FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID DESCRIPTION Acceptable / as specified 1. SCOPE Design & installation of CCTV Security System by a qualified contractor. Acceptable 2. QUALIFICATIONS/LICENSES The selected contractor shall have a minimum of 5 years experience in commercial CCTV System installation and will have in good standing current California State License Board C-7 (low voltage systems), C-10 (electrical) contractor licenses. Acceptable 3. MATERIAL SPECIFICATIONS All labor, material and equipment to provide a complete exterior 8 camera CCTV Security System comprised of the following elements: o 6 - Impact-Resistant, Exterior hardened Surface Mount Bosch (or equal) Cameras, Hood Dome Style with smoked lens to mask angle of camera. Color or black and white with minimum of 420- resolution line at 0.01 lux, 3.6 mm wide angle lens automatically Acceptable/As Specified adjusting to light changes. RFP F-08-23 0 2 - Impact-Resistant, Pendant Mount Bosch (or equal) Cameras, for use on existing poles, Hood Dome Style with smoked lens to mask angle of camera. Color or black and white with minimum of 420 - resolution line at 0.01 lux, 3.6 mm wide angle lens automatically adjusting to light changes. o Wireless equipment for two remote pole mounted cameras. c 17° high resolution monitor (Flat panel LCD). o Bosch (or equal) DVR Recorder, minimum 96 hours recorded memory with database management and video compression. o Software & Hardware motion detection, multi-channel playback simultaneously o \Date & Time Stamp ' c Multiple screen layout for viewing = 1, 4, 6 & 8 (with rotation function). * Remote monitoring, control, and recording via internet. • Remote playback video clips of locate site, multiple site connection/monitoring. • Multi-level Password protection. • Search playback: by date, time or event. • Back up: on to CD-RW or DVD-RW. • Alarm Notification: via sound, pop-up video, phone, pager, & Internet. • 2-year labor and material warranty. As Specified 4. REFERENCE LIST The contractor shall provide names and contact information for a minimum of 5 clients/references where they have installed similar systems. Acceptable 5. PREVAILING WAGE All wages shall be paid at the prevailing wage. Acceptable RFP F-08-2; DATE SIGNED: COMPANY NAME & ADDRESS: West Beach Systems 1701 W. Burbank Blvd . Suite 202 Burbank , Ca . 91506 PHONE: 818-953-4296 FAX: 818-953-7293 EMAIL: wbs @westbeachsystemsonline . com IF SUBMITTING A "NO BID", PLEASE STATE REASON (S) BELOW: RFP F-08-23 i SUBCONTRACTOR'S LIST As required by California State Law, the General Contractor bidding will hereinafter state the subcontractor who will be the subcontractor on the job for each particular trade or subdivision of the work; in an amount in excess of one- half of one percent of the General Contractor's total bid and will state the firm name and principal location of the mill, shop, or office of each. If a General Contractor fails to specify a subcontractor, or if he specifies more than one subcontractor for the same portion of work to be performed under the contract in excess of one-half of one percent, he agrees that he is fully qualified to perform that portion himself and that he shall perform that portion himself. DIVISION OF NAME OF FIRM OR LOCATION WORK OR CONTRACTOR CITY TRADE NONE NONE NONE Signature of ' der REJECTION OF BIDS The undersigned agrees that the City of San Bernardino reserves the right to reject any or all bids, and reserves the right to waive informalities in a bid or bids not affected by law, if to do seems to best serve the public interest. i RFP F-08-23 NON - COLLUSION AFFIDAVIT TO: THE COMMON COUNCIL, CITY OF SAN BERNARDINO In accordance with Title 23, United States Code, Section 112, the undersigned hereby states, under penalty of perjury: That he/she has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken action in restraint of free competitive Bid in connection with RFQ F-08-23. Business Name West Beach Systems 1701 urb n Blvd 9202 Business Address Burb nk 915 6 Signature of Bidder(s) Per 0 . er, President Sherman Oaks , Ca. Place of Residence Subscribed a sworn before me this day of , 20_. Notary Public in and for t un , State of California. My commission ex 'f IS , 20 State of California County of Subscribed and sworn to (or affirmed) Before a on this day ot"' 20-0e, by /1;r& proved to me on the basis of satisfactory evidence to be the person(o) who appeared b tore me. r Signature 11 � V1 EDDIE MORALES Commission# 1663282 Notary Pub11c California z Los Angeles County My Comm.Expires May 29.201 4 COPY * BID BOND 0 KNOW ALL MEN BY THESE PRESENTS, that we Westbeach Group, Inc dba West Beach Systems 1701 W Burbank Blvd Burbank, CA 91506 as Principal, hereinafter called the Principal, and the Western Insurance Company, a corporation duly organized under the laws of the State of Nevada, as Surety, hereinafter called Surety, are held and firmly bound unto City of San Bernardino 300 North D Street San Bernardino, CA 92418 as Obligee, hereinafter called the Obligee, in the sum of i Ten percent of attached bid. Dollars ($ 10% of attached bid) , for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for CCTV Security System for Delmann Heights NOW, THEREFORE, if the contract be timely awarded to the Principal and the Principal shall within such time as specified in the bid, enter into a contract in writing and give bond with good and sufficient surety, or, in the event of the failure of the Principal to enter into such Contract and give such bond or bonds; if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the 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. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project. Signed and sealed this 10th day of July 2008 . Westbeach Group, Inc dba West Beach Systems (Witness) (Principal) (Title) I Western Insurance Company _ (Surety) oe _ Clovia L Lehto (A,,ttorney-in-fact) -r WEST .. BEACH SYSTEMS Bidders Guaranteed Delivery Date July 3, 2008 West Beach Systems provides this guarantee, that upon date of contract execution by the City of San Bernardino, we will make delivery of all products and/or services within fourteen days of said date. cer Y urs, P r D. t West Beach Systems West Beach Systems 1701 W. Burbank Blvd. #202 Burbank, CA 91506 (818)9534296 E F c 4+ 4 _ - BEACH, I` FM Equipment Listing July 3, 2008 The following is provided as an equipment listing for the items bid on this project. All proper information sheets will be provided as required. 1. Divar Int. DVD Writer, 16Ch 160 GB— DVR16F1162 2. Toshiba 17° LCD Monitor 1280 x 1024 Vesa Mount 3. Bosch Dinion D/N Hi-Res 1/3" Dual Voltage 540TVL 4. Bosch Flexdome Vandal Resistant Day/Night w/15 Bit Surface Mount All equipment is new and warranted for one year from delivery date. All equipment is as specified and does not delineate from your requirements. West Beach Systems 1701 W. Burbank Blvd. #202 Burbank, CA 91506 (818) 953-4296 -—-- ALL-PURPOSE ACKNOWLEDGEMENT State of Nevada) County of Washoe) On July 10. 2008, before me, Laurie Dargert Notary Public, personally appeared Clovia L. Lehto Name(s) of Document Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my hand and official seal �gnature of Notary Lj • ..... ..................LAURIE DARGERT t4otary Public-state of Nevada ,) „ppointmant Recorded in www Cowry No:07-4152-2.EVires July 24,2011 (Affix seal in the above blank space) WESTERN ]INSURANCE COMPANY POWER OF ATTORNEY `s KNOW ALL MEN BY THESE PRESENTS:That WESTERN INSURANCE COMPANY,a corporation organized and i existing under the laws of the State of Nevada and having its principal office at the City of Reno,in the State of Nevada,does hereby j constitute and appoint Dick L.Rottman,Bradley A.Pearce,Janice L.Bowman, 3 G R.Scott Rottman,Clovia L.Lehto,Amy J.Simpson,Melissa C.Mello x A Of the STATE OF NEVADA its true and lawful Attomey(s)-in-Fact,each in their separate capacity if more than one is narned above, to sign its name as surety to,and to execute,seal and acknowledge any and all bonds,undertakings,contracts and other written 7 instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons;guaranteeing the 1 performance of contracts;and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings E allowed by law. r In Witness Whereof,the said WESTERN INSURANCE COMPANY has caused this instrument to be sealed with its corporate seal,duly attested by the signatures of its President and Secretary,this 19"' day of June,2006. $F WESTERN INSURANCE COMPANY P4 p+,t°"ros,e (Signed)By a SEAL President 2 s 19 94 ♦' `//O/ , /�S i_�.o� ° 1 (Signed)By Secretary 9 STATE OF NEVADA) SS: COUNTY OF WASHOE) 5 _ J On this 19"' day of June,2006,before me personally came DICK L.RO;LTWVIAN,PRESIDENT of the WESTERN J INSURANCE COMPANY and CAROL B.INGALLS,SECRETARY of said�Coiigpay,with both of whom 1 am personally 1 acquainted,who being by me severally duly sworn,said,that they,the saidslWK�L.ROTTMAN and CAROL B. INGALLS were respectively the PRESIDENT and the SECRETARY of the said W]€ ERN INSURAN COMPANY, the corporation described in R which executed the foregoing Power of Attorney,that they eaclw the seal sararporation:that the seal affixed to said Power of Attorney was such corporate seal, that it was so aftix6l�by'order of the�a"94 I'Directors o4paid corporation,and that they signed their names thereto by like order as PRESIDENT 1r'td 'RETAR ;r1s cfively,of > i ipEriy. My Commission expires the 31strih March.20 ; PATFiICIAA.LETSON��"��(Jigned) • e Notary rYj blu:-Stair.nl i cia A Letson NU Public E Cary P �e aoac ms+a..Emw ..m°e b the Board of Directors ................. .. fig „ p This Power of Attorney is grant a� nd by authority of the following Resolutions adopted y € of the WESTERN INSURANCE COMP AI�1°�on June 19,2006. RESOLVED,that in connection with the Fidelity and surety insurance business of the Company,all bonds,undertakings, contracts and other instruments relating to said business may be signed,executed,and acknowledged by person or entities appointed as Attomey(s)-in-Fact pursuant to a Power or Attorney issued in accordance with these resolutions. Said Power(s)of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company.either by the Chairman,or the President,or a Vice President,jointly with the Secretary,under their respective designations. The signature of such officers may be aengraved,printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s)-in-Fact for purposes only of executing F and attesting bonds and undertakings and other writings obligatory in the nature thereof,and,unless subsequently revoked and subject to any limitations set forth therein.any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal F shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. RESOLVED,that Attomey(s)-in-Fact shall have the power and authority,unless subsequently revoked and,in any case, subject to the terms and limitations of the Power of Attorney issued to them.to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings,and other writings obligatory in the nature thereof.and any such instrument executed by such Attorneys)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and J sealed and attested to by the Secretary of the Company. 1,CAROL B.INGALLS, Secretary of the WESTERN INSURANCE COMPANY,do hereby certify that the foregoing is a i true excerpt from the Resolution of the said Company as adopted by its Board of Directors on June 19,2006 and that this Resolution is in full force and effect. a t,the undersigned Secretary of the WESTERN INSURANCE COMPANY do hereby certify that the foregoing Power of Attorney is in full force and effect and has not been revoked. s In Testimony Whereof.I have hereunto set m hand and the seal of the WESTERN INSURANCE COMPANY on this 10 day of July Zy008 4 v. Secretary W 1'ss. i State Of CaJdornia n.`CONTRACTORS STATE LICENSE BOARD Ilk ACTIVE LICENSE • comumm I -.-- 778737 CORP ,.� WESTBEACH GROUP INC DBA WEST BEACH SYSTEMS C 10 �� • 05/31/2010 W . e 3 2! ."2 Bidders Qualifications July 3, 2008 West Beach Systems is a highly experienced Access Control and Security Surveillance Systems company that allows the needs of the customer to determine our plan and strategy. We have been in the business under the same management since 1990. For over 18 years we have been protecting businesses, schools, homes, and other government agencies, with a combination of human know-how and the latest technology. As technology providers, one of our priorities is providing quality images at your fingertips to protect some of the most critical assets we all value. In this day and age where security is more critical than ever, West Beach Systems offers an integrated set of solutions for protecting and securing your buildings, assets, employees and the public. We have reviewed the cameras, software, and wireless equipment requirements listed on this project and can implement your design as written along with training, service, and upgrade requirements. We have installed some of the most comprehensive security systems as evidenced by the variety of referenced clients we have included in this bid package. Our electrical experience as C-10 contractors, as well as our staff industrial electrician will help integrate your most demanding needs in the field and provide on site project management. Please note the organizational chart for our company that lists all individuals who will be involved either directly or indirectly on this project.. Our administrative and management personnel have been involved in the business for over 35 years. The technicians and installers are expert in their field and will provide the highest quality of work and follow- up for your facilities. All staff members will be available during this project to answer any concerns, issues or inquiries of any kind in order to assist in the timely completion of this venture. S c y Yo rs, er D. mer President West Beach Systems West Beach Systems 1701 W. Burbank Blvd. #202 Burbank, CA 911506 (818) 953-4296 c. e0 .v.; N � 3 0-2 C c O L .L U. W ;4) d � moo; co L N � CO V � i E o W �'4/W� z o cco OR N .� N m M a R O c �/� .W p a;'ea aUi L U n- c L (0 LL � L L as M o, c � co N ca cC � L z' RFP F-08-23 Bid Documents to Be Returned RFQ F-08-23 CCTV SECURITY SYSTEM - DELMANN HEIGHTS Nh Copy of Contractor License III Bid Content and Forms,General Specification#35,Instructions to Bidder(s)/ Bidders ( ] Bidder Experience, Competency, Qualification and Profile (Vendor Document) III Bid/Bid Content Forms Non-Collusion Affidavit (City Form) Instructions to Bidder(s)/Bidders Listing of Proposed Subcontractor (City Form) III Bid/Bid Content and Forms �[ Price Form (City Form) Instructions to Bidders, III Bid Content and Forms Authorized Signatures Instructions to Bidders LP Bidder Identification III Bid Content and Forms ® Addendum Received III Bid Content and Forms 90 Day Bid Validity Statement III Bid content and Forms LM Authorized Signatures III Bid content and Form References III Bid content and Forms Calendar Day Acknowledgment of Delivery of Materials or Services General Specifications#9 Proper Identification and Submittal of Bid/Bid Package, and Price Form Instructions to Bidders Bidders are requested to submit this checklist completed with all bid documents. RFP F-08-23 III. BID CONTENT AND FORMS A. BID FORMAT AND CONTENT 1. Presentation Bids should not include any unnecessarily elaborate or promotional material. Information should be presented in the order in which it is requested. Lengthy narrative is discouraged, and presentations should be brief and concise. Bids shall contain the following: a. identification of Bidder(s), including name, address and telephone; b. proposed working relationship between Bidder(s) and subcontractors, if applicable; C. acknowledgment of receipt of all RFQ addenda, if any; d. name, title, address and telephone number of contact person during period of Bid evaluation; e. a statement to the effect that the Bid shall remain valid for a period of not less than 90 days from the date of submittal; and f. signature of a person authorized to bind Bidder(s) to the terms of the Bid. Bidder(s) may also propose enhancement or procedural or technical innovations to the Technical Specifications, which do not materially deviate, from the objectives or required content of the project. 2. Exceptions/Deviations State any exceptions to or deviations from the requirements of this RFQ, stating "technical" exceptions on the Technical Specifications form, and "contractual" exceptions on a separate sheet of paper. Where Bidder(s) wishes to propose alternative approaches to meeting the City's technical or contractual requirements, these should be thoroughly explained. RFP F-08-23 3. Appendices Information considered by Bidder(s) to be pertinent to this RFQ and which has not been specifically solicited in any of the aforementioned sections may be placed in a separate appendix section. BIDDER(S) are cautioned, however, that this does not constitute an invitation to submit large amounts of extraneous materials; appendices should be relevant and brief. B. LICENSING AND CERTIFICATION REQUIREMENTS By submitting a Bid, Bidder(s) warrants that any and all licenses and/or certifications required by law, statute, code or ordinance in performing under the scope and specifications of this RFQ are currently held by Bidder(s), and are valid and in full force and effect. Copies or legitimate proof of such licensure and/or certification shall be included in Bidder(s)'s response. Bids lacking copies and/or proof of said licenses and/or certifications may be deemed non-responsive and may be reiected. C. COST AND PRICE FORMS Bidder(s) shall complete the Price Form in its entirety including: 1) all items listed and total price; 2) all additional costs associated with performance of specifications or statement of work; and 3) Bidder(s)'s identification information including a binding signature. Bidder(s) shall state cash discounts offered. Unless discount payment terms are offered, payment terms shall be "Net 30 Days". Payment due dates, including discount period, will be computed from date of City acceptance of the required services or of a correct and complete invoice, whichever is later, to the date City's check is mailed. Any discounts taken will be taken on full amount of invoice, unless other charges are itemized and discount thereon is disallowed. Freight terms shall be F.O.B. Destination, Full Freight Allowed, unless otherwise specified on price form. RFP F-08-23 PRICE FORM REQUEST FOR RFQ: RFQ F-08-23 DESCRIPTION OF RFQ: CCTV Security System for Delmann Heights BIDDER(S) NAME/ADDRESS: West Beach Systems 1701 W. Burbank Blvd . Suite 202 Burbank , Ca . 91506 NAME AUTHORIZED REPRESENTATIVE Per D . Fasmer TELEPHONE: 818-953-4296 EMAIL: wbs @westbeachsystemsonline . com FAX: 818-BE-3-7293 Please provide a Firm Fixed Price the space provided below: 1. Total Cost: Nineteen Thousand Seven $ 19 , 745 .00 Hundred Forty Five Dollars RFP F-08-23 Are there any other additional or incidental costs that will be required by your firm in order to meet the requirements of the Technical Specifications? Yes / No (circle one). If you answered "Yes", please provide detail of said additional costs: Please indicate any elements of the Technical Specifications that cannot be met by your firm. e you included in your Bid all informational items and forms as requested? es / No . (circle one). If you answered "No", please explain: This offer shall remain firm for 90 days from RFQ close date. Terms and conditions as set forth in this RFQ apply to this Bid. Cash discount allowable % days;unless otherwise stated, payment terms are: Net thirty (30) days. In signing this Bid, Bidder(s) warrants that all certifications-and documents requested herein are attached and properly completed and signed. From time to time, the City may issue one or more addenda to this RFQ. Below, please indicate all Addenda to this RFQ received by your firm, and the date said Addenda was/were received. Verification of Addenda Received Addenda No: Received on: 7/3/o Y Addenda No: Z Rec 'feTM Addenda No: Rec Ned on- AUTHORIZED SIGNATURE: PRINT SIGNER'S NAME AND TITLE: Per D . Fasmer President SECTION IV - ----CHD CONSTRUCTION-CONTRACT PROVISIONS ATTACHMENT "D" TABLE OF CONTENTS Construction Contract Provision Definitions...............................................page 1 Bid Package INSERTS and Contract INSERTS ..........................................page 2 Required Documents Checklist.......................................... .....................page 3 Federal Labor Standards Provisions (HUD 4010 form)...................................pages 4-7 I Contractor's Certification of Compliance with Davis-Bacon and Related Acts.........page 8 Minority and Women Owned Business Enterprise Participation........................pages 9-10 Certification of Bidder Regarding Equal Employment Opportunity........................page 11 I Certification of Subcontractor Regarding Equal Employment Opportunity............page 12 ;)ection 3 Report - Contracts of$100,000 or more........................................page 13 __-- Section `3' Clause..............................................................................page 14 Federal Prevailing Wage Decision............................................................page 15 Affirmative Action Compliance Guidelines................................................pages 16-19 Equal Employment Opportunity (EEO) Clauses and EEO Construction Contract Provisions.................................................................................... pages 20-27 Certification of Compliance with Air & Water Acts..................... ... ... ............page 28 Additional Required Documents & Sample Documents.................... ...............pages 29-42 CONSTRUCTION CONTRACT PROVISIONS - DEFINITIONS The following are definitions of State and Federal provisions/documents for federally-assisted projects. Please refer to the" Required Documents Checklist"for any documents to be completed and submitted for this project. Affirmative Action Compliance Guidelines For Construction or Non-Construction Contractors -Generally, affirmative action requirements apply to contracts and subcontracts in excess of$10,000. This document provides guidelines to help contractors meet affirmative action and equal employment opportunity requirements set forth in Federal regulations 41 CFR 60. Bid Bond -A bid guarantee of at least 10% of the contract price is required from each bidder and must be submitted with the Bid. A sample form is included under"Example Documents"of the Attachment"D". Certificate of Owner's Attorney-This certificate is to be completed by the owner's attorney when applicable. A sample form is included under"Example Documents"of the Attachment"D". Certification of Bidder Regarding Equal Employment Opportunity -This certification is required by Federal law(41 CFR 60) and must completed by the prime contractor and submitted to the CITY/COUNTY prior to the pre-construction meeting. Certification of Compliance with Air and Water Acts -The prime contractor and all subcontractors must comply with this certification when the contract exceeds$100,000. Certification of Proposed Subcontractor Regarding Equal Employment Opportunity -This certification must be completed by all subcontractors and submitted to the prime contactor for submittal to the CITY/COUNTY prior to the pre-construction meeting. Contractor's Certification of Compliance with Davis-Bacon and Related Acts -This certification is required by Federal law(29 CFR 5) and must be completed by the prime contractor and submitted to the CITY/COUNTY. Equal Employment Opportunity Clauses/Equal Employment Opportunity Construction Contract Provisions - These provisions are to be inserted in all applicable federally-assisted contracts and subcontracts. Federal Labor Standards Provisions(HUD 4010 form)-These provisions set forth the federal labor requirements for contactors working on a federally-assisted construction projects in which the prime contract exceeds$2,000. The prime contractor and all subcontractors are required to pay their laborers and mechanics working onsite a wage not less than the highest wage for the work classification specified in both the Federal and State Wage Decisions when the contract amount for the prime contractor exceeds$2,000. The prime contractor is responsible for including these provisions in all subcontracts. Federal Prevailing Wage Decision -The Federal Wage Decision contains the federal wage rates for heavy construction projects within the County of San Bernardino. A copy of the decision is included in the bid package and can also be found at http://www.apo.gov/davisbacon/ca.html. The wage decision that applies to the project is the one in effect 10 days prior to the bid opening date. Labor and Materials Bond -This payment bond guarantees that employees/subcontractors, and suppliers are paid for services rendered and materials supplied.The Labor&Materials Bond must be at least one hundred percent(100%)of the contract price and must be submitted to the CITY/COUNTY upon award of the contract. Minority and Women-Owned Business Enterprise Participation Form-This form contains data collected by the U.S. Department of Housing and Urban Development and must be completed by the prime contractor and submitted to the CITY/COUNTY prior to the pre-construction meeting. Performance Bond -This bond guarantees the contractor's performance under the terms of the construction contract and must be at least one hundred percent (100%) of the contract price and submitted to the CITY/COUNTY following award of the contract. "Section 3" -This law applies to construction contracts exceeding $100,000, on projects funded by the U.S. Department of Housing and Urban Development(HUD). To the greatest extent feasible, contractor(s) and subcontractor(s) must attempt to become a Section 3 business. A Section 3 business is one owned by a low-income person, a business of which 30% of the workforce is comprised of low-income individuals, or a business that contracts 25%of its work to Section 3 businesses. Page 1 of 42 BID PACKAGE INSERT - NOTICE INVITING BIDS COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS: Bidders are advised that this project is funded with Community Development Block Grant Funds. The requirements of the Davis-Bacon Act will apply to this project and those requirements will be enforced. The prime contractor and all subcontractors are required to pay their laborers and mechanics employed under this Contract, a wage not less than minimum wage classification, as specified in both the Federal and State Wage Decision when the Contract amount for the Prime Contract exceeds $2,000. The higher of the two applicable wage classifications, either State Prevailing Wage or Davis-Bacon Federal Prevailing Wage, will be enforced for all work under this Contract. The prime contractor is responsible f or ensuring subcontractor compliance with Davis-Bacon and related Act Requirements. The Federal Labor Standards Provisions (HUD 4010) apply to this project. A copy of the Davis-Bacon Federal Prevailing Wage, the date of which reflects the latest applicable modification at the time of this advertisement, is included in the Contract Documents & Specifications. Bidders shall be notified, via Addendum, of modifications, if any, which supercede that included herein, up until a minimum of ten (10) days prior to the actual Bid Opening. BID PACKAGE INSERT - INSTRUCTIONS TO BIDDERS COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS: Bidders are advised that this project is funded with Community Development Block Grant Funds. The requirements of the Davis-Bacon Act will apply to this project and those requirements will be enforced. The prime contractor and all subcontractors are required to pay their laborers and mechanics employed under this Contract, a wage not less than minimum wage classification, as specified in both the Federal and State Wage Decision when the Contract amount for the Prime Contract exceeds $2,000. The higher of the two applicable wage classifications, either State Prevailing Wage or Davis-Bacon Prevailing Wage, will be enforced for all work under this Contract. The Prime Contractor is responsible for ensuring Subcontractor compliance with Davis-Bacon and Related Act Requirements. The Federal Labor Standards Provisions (HUD 4010) apply to this project. A copy of the Davis-Bacon Federal Prevailing Wage, the date of which reflects the latest applicable modification, is included in the Contract Documents & Specifications. Bidders shall be notified, via Addendum, of modifications, if any, which supercede that included herein, up until a minimum of ten (10) days prior to the actual Bid Opening. A weekly certified payroll is required d uring the term of construction. Payment of invoice may be delayed when certified payrolls are not submitted weekly. The CITY/COUNTY shall make progress payments on any properly completed payment request submitted by the Contractor. The payment request shall not be deemed properly completed unless certified payroll form WH 347 has been properly completed and submitted on a weekly basis for each week worked during the time period covered by said payment request. Notice of Requirement For Affirmative Action To Ensure Equal Employment Opportunity - The bidder's attention is called to the "Equal Opportunity Clause and "Standard Federal Equal Employment Specifications" contained in the bid package. Goals and timetables for minority and female participation, expressed in percentage terms for the Contractors aggregate workforce in each trade on all construction work in the covered area, is 19% for minorities and 6.9% for women. INSERT - CONSTRUCTION CONTRACT Federal Labor Standard Provisions (HUD 4010 form) apply to this project and are attached. Page 2 of 42 REQUIRED DOCUMENTS CHECKLIST REQUIRED PRIOR TO CONTRACT AWARD [ ] 1. Bid Package signed by contractor or letter stating that the project specifications document is part of the contract [ ] 2. Signed Partnership Agreement(if applicable) [ ] 3. Bid Bond REQUIRED PRIOR TO PRECONSTRUCTION MEETING [ ] 4. Executed Contract/Pu rchase Order NOTE: HUD form 4010 must be attached to contract [ ] 5. Bonds (performance/payment or labor and material bonds) [ ] 6. Completed "Minorite and Women Owned Business Enterprise Participation" form ( ] 7. Completed Bidder/Subcontractor's Certification regarding Equal Employment [ ] S. Signed Contractor's Certification of Compliance with Davis-Bacon and Related Act Requirements REQUIRED DURING CONSTRUCTION [ ] 9. Weekly Certified Payrolls [ ] 10. Statement of Authorization (required if payrolls are certified by someone other than the owner or corporate officer)* [ ] 11. Fringe Benefit Statement (required if employee benefits are paid to a trust/fund)* [ ] 12. Section 3 Report (Applies to contracts of$100,000 or more) *Note: These forms are located in the 'Additional Required Documents/Sample Documents"section of Attachment "D" and will be discussed by County CDH staff at the preconstruction meeting Page 3 of 42 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 appropriate),a report of the action taken shall be sent by HUD or this contract pertains is being assisted by the United States of its designee to the Administrator of the Wage and Hour Division, America and the following Federal Labor Standards Provisions are Employment Standards Administration, U.S. Department of Labor, included in this Contract pursuant to the provisions applicable to Washington, D.C.20210.The Administrator,or an authorized such Federal assistance. representative,will approve,modify,or disapprove every additional A. 1. (i) Minimum Wages. All laborers and mechanics employed or classification action within 30 days of receipt and so advise HUD or working upon the site of the work will be paid unconditionally and its designee or will notify HUD or its designee within the 3G-day not less often than once a week, and without subsequent deduction period that additional time is necessary. (Approved by the Office of or rebate on any account (except such payroll deductions as are Management and Budget under OMB control number 12150140.) permitted by regulations issued by the Secretary of Labor under the (c) In the event the contractor, the laborers or mechanics to be Copeland Act (29 CFR Part 3), the full amount of wages and bona employed in the classification or their representatives, and HUD or fide fringe benefits (or cash equivalents thereof) due at time of its designee do not agree on the proposed classification and wage payment computed at rates not less than those contained in the rate (including the amount designated for fringe benefits, where wage determination of the Secretary of Labor which is attached appropriate), HUD or its designee shall refer the questions, including hereto and made a part hereof, regardless of any contractual the views of all interested parties and the recommendation of HUD relationship which may be alleged to exist between the contractor or its designee, to the Administrator for determination. The and such laborers and mechanics. Contributions made or costs Administrator, or an authorized representative, will issue a reasonably anticipated for bona fide fringe benefits under Section determination within 30 days of receipt and so advise HUD or its I(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics designee or will notify HUD or its designee within the 30-day period are considered wages paid to such laborers or mechanics, subject that additional time is necessary. (Approved by the Office of to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions Management and Budget under OMB Control Number 12150140.) made or costs incurred for more than a weekly period (but not less (d) The wage rate (including fringe benefits where appropriate) often than quarterly) under plans, funds, or programs, which cover determined pursuant to subparagraphs (1)(ii)(b) or(c) of this para- the particular weekly period, are deemed to be constructively made graph, shall be paid to all workers performing work in the classifi- or incurred during such weekly period. cation under this contract from the first day on which work is per- Such laborers and mechanics shall be paid the appropriate wage formed in the classification. ate-and fringe benefits orr-the wage determination for the classi- (iii) Whenever the minimum wage rate prescribed in the contract nation of work actually performed,without regard to skill, except as for a class of laborers or mechanics includes a fringe benefit which is provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing not expressed as an hourly rate, the contractor shall either pay the work in more than one classification may be compensated at the benefit as stated in the wage determination or shall pay another rate specified for each classification for trie—time actually worked bona fide fringe benefit or an hourly cash equivalent thereof. therein: Provided, That the employer's payroll records accurately (iv) If the contractor does not make payments to a trustee or other set forth the time spent in each classification in which work is third person, the contractor may consider as part of the wages of performed. The wage determination (including any additional any laborer or mechanic the amount of any costs reasonably classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) anticipated in providing bona fide fringe benefits under a plan or and the Davis-Bacon poster (WH-1321) shall be posted at all times program, Provided, That the Secretary of Labor has found, upon the by the contractor and its subcontractors at the site of the work in a written request of the contractor,that the applicable standards of the prominent and accessible, place where it can be easily seen by the Davis-Bacon Act have been met. The Secretary of Labor may workers. require the contractor to set aside in a separate account assets for (ii) (a)Any class of laborers or mechanics which is not listed in the the meeting of obligations under the plan or program. (Approved wage determination and which is to be employed under the contract by the Office of Management and Budget under OMB Control shall be classified in conformance with the wage determination. Number 1215-0140.) HUD shall approve an additional classification and wage rate and 2. withholding. HUD or its designee shall upon its own action or fringe benefits therefor only when the following criteria have been upon written request of an authorized representative of the De- met: partment of Labor withhold or cause to be withheld from the con- (1) The work to be performed by the classification requested is not tractor under this contract or any other Federal contract with the performed by a classification in the wage determination; and same prime contractor, or any other Federally-assisted contract (2) The classification is utilized in the area by the construction subject to Davis-Bacon prevailing wage requirements, which is industry; and held by the same prime contractor so much of the accrued pay- (3) The proposed wage rate, including any bona fide fringe ben- ments or advances as may be considered necessary to pay la- efits, bears a reasonable relationship to the wage rates contained in borers and mechanics, including apprentices, trainees and help- the wage determination. ers, employed by the contractor or any subcontractor the full (b) If the contractor and the laborers and mechanics to be em- amount of wages required by the contract. In the event of failure to ployed in the classification (if known), or their representatives, and pay any laborer or mechanic, including any apprentice, trainee or HUD or its designee agree on the classification and wage rate helper,employed or working on the site of the work, all or part (including the amount designated for fringe benefits where Previous edition is obsolete Page 1 of 4 HUD-4010(0712003) ref.Handbook 1344.1 Page 4 of 42 of the wages required by the contract, HUD or its designee may, period has been paid the full weekly wages earned,without rebate, after written notice to the contractor, sponsor, applicant, or owner, either directly or indirectly,and that no deductions have been made �,• take such action as may be necessary to cause the suspension of either directly or indirectly from the full wages earned, other than any further payment, advance, or guarantee of funds until such permissible deductions as set forth in 29 CFR Part 3; violations have ceased. HUD or its designee may, after written (3) That each laborer or mechanic has been paid not less than notice to the contractor, disburse such amounts withheld for and the applicable wage rates and fringe benefits or cash equivalents on account of the contractor or subcontractor to the respective for the classification of work performed, as specified in the appli- employees to whom they are due. The Comptroller General shall cable wage determination incorporated into the contract. make such disbursements in the case of direct Davis-Bacon Act (c) The weekly submission of a properly executed certification set contracts. forth on the reverse side of Optional Form WH-347 shall satisfy the 3. (i) Payrolls and basic records. Payrolls and basic records requirement for submission of the "Statement of Compliance" relating thereto shall be maintained by the contractor during the required by subparagraph A.3.(ii)(b). course of the work preserved for a period of three years thereafter (d) The falsification of any of the above certifications may subject for all laborers and mechanics working at the site of the work. the contractor or subcontractor to civil or criminal prosecution Such records shall contain the name, address, and social security under Section 1001 of Title 18 and Section 231 of Title 31 of the number of each such worker, his or her correct classification, United States Code. hourly rates of wages paid (including rates of contributions or costs (iii) The contractor or subcontractor shall make the records re- anticipated for bona fide fringe benefits or cash equivalents thereof uired under subparagraph A.3. i available for ins of the types described in Section I(b)(2)(B) of the Davis-bacon q () inspection,co Act), daily and weekly number of hours worked, deductions made or transcription or in authorized representatives of HUD or its a designee or the Department of Labor, and shall permit such rep- and actual wages paid. Whenever the Secretary of Labor has resentatives to interview employees during working hours on the found under 29 CFR 5.5 (a)(1)(iv)that the wages of any laborer or job. If the contractor or subcontractor fails to submit the required mechanic include the amount of any costs reasonably anticipated in records or to make them available, HUD or its designee may, after providing benefits under a plan or program described in Section written notice to the contractor, sponsor, applicant or owner, take I(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits such action may be necessary to cause the suspension any is enforceable, that the plan or program is financially responsible, further payment, advance, or guarantee of funds. Furthermore, and that the plan t program has been communicated in writing to failure to submit the required records upon request or to make such records available may be grounds for debarment action pur- the laborers or mechanics affected, and records which show the suant to 29 CFR 5.12. costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under 4. Apprentices and Trainees. approved programs shall maintain written evidence of the (i)Apprentices.Apprentices will be permitted to work at less than registration of apprenticeship programs and certification of trainee the predetermined rate for the work they performed when they are programs, the registration of the apprentices and trainees, and the employed pursuant to and individually registered in a bona fide ratios and wage rates prescribed in the applicable programs. apprenticeship program registered with the U.S. Department of (Approved by the Office of Management and Budget under OMB Labor, Employment and Training Administration, Office of Control Numbers 1215-0140 and 1215-0017.) Apprenticeship Training, Employer and Labor Services, or with a (ii) (a) The contractor shall submit weekly for each week in which State Apprenticeship Agency recognized by the Office, or if a any contract work is performed a copy of all payrolls to HUD or its person is employed in his or her first 90 days of probationary designee if the agency is a party to the contract, but if the agency is employment as an apprentice in such an apprenticeship program, not such a party, the contractor will submit the payrolls to the who is not individually registered in the program, but who has been applicant sponsor,or owner,as the case may be,for transmission to certified by the Office of Apprenticeship Training, Employer and HUD or its designee. The payrolls submitted shall set out ac- Labor Services or a State Apprenticeship Agency (where curately and completely all of the information required to be main- appropriate) to be eligible for probationary employment as an tained under 29 CFR 5.5(a)(3)(i).This information may be submit- apprentice. The allowable ratio of apprentices to journeymen on ted in any form desired. Optional Form WH-347 is available for the job site in any craft classification shall not be greater than the this purpose and may be purchased from the Superintendent of ratio permitted to the contractor as to the entire work force under Documents (Federal Stock Number 029-005-00014-1), U.S. Gov- the registered program. Any worker listed on a payroll at an ap- ernment Printing Office, Washington, DC 20402. The prime con- prentice wage rate,who is not registered or otherwise employed as tractor is responsible for the submission of copies of payrolls by all stated above, shall be paid not less than the applicable wage rate subcontractors. (Approved by the Office of Management and on the wage determination for the classification of work actually Budget under OMB Control Number 1215-0149.) performed. In addition, any apprentice performing work on the job (b) Each payroll submitted shall be accompanied by a "Statement site in excess of the ratio permitted under the registered program of Compliance," signed by the contractor or subcontractor or his or shall be paid not less than the applicable wage rate on the wage her agent who pays or supervises the payment of the persons determination for the work actually performed. Where a contractor employed under the contract and shall certify the following: Is performing construction on a project in a locality other than that in (1) That the payroll for the payroll period contains the information which its program is registered, the ratios and wage rates required to be maintained under 29 CFR 5.5(a)(3)(i)and that such (expressed in percentages of the journeyman's hourly rate) information is correct and complete; specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than (2) That each laborer or mechanic (including each helper, ap- the rate specified in the registered program for the apprentice's prentice, and trainee)employed on the contract during the payroll level of progress,expressed as a percentage of the 6 0 Previous edition is obsolete Page 2 of 4 form HUD-4010(072003) ref.Handbook 1344.1 Page 5 of 42 I journeymen hourly rate specified in the applicable wage determi- 7. Contract termination;debarment.A breach of the contract nation.Apprentices shall be paid fringe benefits in accordance with clauses in 29 CFR 5.5 may be grounds for termination of the con- the provisions of the apprenticeship program. If the apprenticeship tract and for debarment as a contractor and a subcontractor as program does not specify fringe benefits, apprentices must be paid provided in 29 CFR 5.12. the full amount of fringe benefits listed on the wage determination 8. Compliance with Davis-Bacon and Related Act Requirements. for the applicable classification. If the Administrator determines that All rulings and interpretations of the Davis-Bacon and Related Acts a different practice prevails for the applicable apprentice contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by classification, fringes shall be paid in accordance with that reference in this contract determination. In the event the Office of Apprenticeship Training, g Disputes concerning labor standards. Disputes arising out of Employer and Labor Services, or a State Apprenticeship Agency the labor standards provisions of this contract shall not be subject recognized by the Office, withdraws approval of an apprenticeship to the general disputes clause of this contract. Such disputes shall program, the contractor will no longer be permitted to utilize be resolved in accordance with the procedures of the Department apprentices at less than the applicable predetermined rate for the of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the work performed until an acceptable program is approved. meaning of this clause include disputes between the contractor(or (ii) Trainees.Except as provided in 29 CFR 5.16,trainees will not any of its subcontractors) and HUD or its designee, the U.S. be permitted to work at less than the predetermined rate for the Department of Labor, or the employees or their representatives. work performed unless they are employed pursuant to and 10. (i)Certification of Eligibility. By entering into this contract the individually registered in a program which has received prior ap- contractor certifies that neither it(nor he or she) nor any person or proval, evidenced by formal certification by the U.S. Department of firm who has an interest in the contractor's firm is a person or firm Labor, Employment and Training Administration. The ratio of ineligible to be awarded Government contracts by virtue of Section trainees to journeymen on the job site shall not be greater than 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1)or to be awarded permitted under the plan approved by the Employment and Train- HUD contracts or participate in HUD programs pursuant to 24 CFR ing Administration. Every trainee must be paid at not less than the Part 24. rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate or No part of this contract shall be subcontracted ct any person specified in the applicable wage determination. Trainees shall be or firm ineligible for award c a Government contract (1 virtue of paid fringe benefits in accordance with the provisions of the trainee Section 3H of the Davis-Bacon Act or 29 CFR 5o 2(a)(1) or to be program. If the trainee program does not mention fringe benefits, awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour (iii) The penalty for making false statements is prescribed in the Division determines that there is an apprenticeship program U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal associated with the corresponding journeyman wage rate on the Code, Section 1 01 0, Title 18, U.S.C., "Federal Housing Adminis- wage determination which provides for less than full fringe benefits tration transactions", provides in part: 'Whoever, for the purpose of for apprentices.Any employee listed on the payroll at a trainee rate • . . influencing in any way the action of such Administration who is not registered and participating in a training plan approved makes, utters or publishes any statement knowing the same to be by the Employment and Training Administration shall be paid not false._shall be fined not more than $5,000 or imprisoned not more less-than the applicable wage rate on the wage-determination for than two years,or both." - --- ----- the work actually performed. In addition, any trainee performing 11. Complaints, Proceedings, or Testimony by Employees. No work on the job site in excess of the ratio permitted under the laborer or mechanic to whom the wage, salary, or other labor registered program shall be paid not less than the applicable wage standards provisions of this Contract are applicable shall be dis- rate on the wage determination for the work actually performed. In charged or in any other manner discriminated against by the Con- the event the Employment and Training Administration withdraws tractor or any subcontractor because such employee has filed any approval of a training program, the contractor will no longer be complaint or instituted or caused to be instituted any proceeding or permitted to utilize trainees at less than the applicable has testified or is about to testify in any proceeding under or predetermined rate for the work performed until an acceptable relating to the labor standards applicable under this Contract to his program is approved. employer. (iii) Equal employment opportunity. The utilization of appren- tices, trainees and journeymen under 29 CFR Part 5 shall be in B. Contract Work Hours and Safety Standards Act The provi- conformity with the equal employment opportunity requirements of sions of this paragraph B are applicable only where the amount of Executive Order 11246,as amended, and 29 CFR Part 30. the prime contract exceeds$100,000.As used in this paragraph,the 5. Compliance with Copeland Act requirements.The contrac- terms"laborers"and"mechanics"include watchmen and guards. for shall comply with the requirements of 29 CFR Part 3 which are (1) Overtime requirements. No contractor or subcontractor con- inco"rporated by reference in this contract tracting for any part of the contract work which may require or involve 6. Subcontracts. The contractor or subcontractor will insert in the employment of laborers or mechanics shall require or permit any any subcontracts the clauses contained in subparagraphs 1 such laborer or mechanic in any workweek in which he or she is through 11 of this paragraph A and such other clauses as HUD or employed on such work to work in excess of 40 hours in such work- its designee may by appropriate instructions require, and a copy of week unless such laborer or mechanic receives compensation at a the applicable prevailing wage decision, and also a clause requiring rate not less than one and one-half times the basic rate of pay for all the subcontractors to include these clauses in any lower tier hours worked in excess of 40 hours in such workweek. subcontracts. The prime contractor shall be responsible for the (2) Violation; liability for unpaid wages; liquidated damages. compliance by any subcontractor or lower tier subcontractor with all In the event of any violation of the clause set forth in subpara- the contract clauses in this paragraph. Previous edition is obsolete form HUD-4010(07/2003) ref.Handbook 1344.1 3 of 4 Page 6 of 42 graph (1) of this paragraph, the contractor and any subcontractor (4) Subcontracts. The contractor or subcontractor shall insert in responsible therefor shall be liable for the unpaid wages. In addi- any subcontracts the clauses set forth in subparagraph (1)through tion, such contractor and subcontractor shall be liable to the United (4) of this paragraph and also a clause requiring the subcontractors States (in the case of work done under contract for the District of to include these clauses in any lower tier subcontracts. The prime Columbia or a territory, to such District or to such territory), for contractor shall be responsible for compliance by any subcontractor liquidated damages. Such liquidated damages shall be computed or lower tier subcontractor with the clauses set forth in with respect to each individual laborer or mechanic, including subparagraphs(1)through (4)of this paragraph. watchmen and guards, employed in violation of the clause set forth C. Health and Safety. The provisions of this paragraph C are sp- in subparagraph (1) of this paragraph, in the sum of$10 for each plicable only where the amount of the prime contract exceeds calendar day on which such individual was required or permitted to $100,000. work in excess of the standard workweek of 40 hours without (1) No laborer or mechanic shall be required to work in surround- payment of the overtime wages required by the clause set forth in ings or under working conditions which are unsanitary, hazardous, sub paragraph(1)of this paragraph. or dangerous to his health and safety as determined under (3) Withholding for unpaid wages and liquidated damages. construction safety and health standards promulgated by the Sec- HUD or its designee shall upon its own action or upon written retary of Labor by regulation. request of an authorized representative of the Department of Labor (2) The Contractor shall comply with all regulations issued by the withhold or cause to be withheld, from any moneys payable on Secretary of Labor pursuant to Title 29 Part 1926 and failure to account of work performed by the contractor or subcontractor comply may result in imposition of sanctions pursuant to the Con- under any such contract or any other Federal contract with the tract Work Hours and Safety Standards Act,40 USC 3701 et seq. same prime contract, or any other Federally-assisted contract (3) The Contractor shall include the provisions of this paragraph subject to the Contract Work Hours and Safety Standards Act in every subcontract so that such provisions will be binding on which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such con- each subcontractor. The Contractor shall take such action with tractor or subcontractor for unpaid wages and liquidated damages as respect to any subcontract as the Secretary of Housing and provided in the clause set forth in subparagraph (2) of this Urban Development or the Secretary of Labor shall direct as a paragraph. means of enforcing such provisions. Previous edition is obsolete form HUD-4010(07/2003) ref.Handbook 1344. 4of4 Page 7 of 42 E j i I CONTRACTOR'S CERTIFICATION OF COMPLIANCE WITH DAVIS-BACON AND RELATED ACTS REQUIREMENTS l as Prime Contractor for Project: hereby make the following certification and acknowledgment with respect to the applicability of Davis-Bacon and Related Acts Requirements: 1) By entering into this Contract, I certify that I acknowledge that the above referenced project is federally funded and I am solely responsible for complying with the Davis-Bacon and Related Acts Requirements; and, 2) The Prime contractor and all subcontractors are required to pay their laborers and mechanics employed under this contract, a wage not less than the highest wage applicable to their work classifications, as specified by the current and applicable Federal Wage Determination. If no Federal work classification appears to apply, prime contractor shall make written request to County to obtain applicable work classifications and wage rates prior to start of construction. When the same classification appears in both the Federal and State wage decisions, the higher wage must be paid for that classification. The Prime Contractor is responsible for ensuring subcontractor compliance with Davis-Bacon and Related Acts Requirements. IF THE COMPANY IS A CORPORATION, CORPORATE OFFICERS ARE AS FOLLOWS: President Vice-President Secretary/Treasurer Signature,Prime Contractor Title (Owner or President) Date Page 8 of 42 SAN BERNARDINO COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT AND HOUSING MINORITY AND WOMEN OWNED BUSINESS ENTERPRISE PARTICIPATION This form is designed to assist the County of San Bernardino in assessing and reporting the proposition and amounts of contracts and subcontracts awarded to Minority and Women Owned Business Enterprises (WMBE'S) for the project named below. Include information on all subcontractors and suppliers if the total bid amount exceeds $10,000. "Minority owned or controlled" means that 51% or more of the company's ownership or controlled interest in the company is held by one or more Black Americans, Native Americans (including American Indians, Eskimos, Aleuts, and Native Hawaiians), Hispanic Americans, or Asian/Pacific Americans (including persons whose origins are from Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the United States Trust Territories of the Pacific, Northern Marianas, Laos, Cambodia and Taiwan), or any other group of natural persons identified as minorities in the project specifications by the County. "Female owned or controlled" means that 51% or more of the company's ownership or controlled interest in the company is held by one or more female persons. PROJECT Project Name Project Number $ Federally funded or assisted? ( ]Yes [ ] No Total Bid Amount CONTRACTOR Contractor's Name Address Federal I.D. Number CITY State Zip Code $ Minority owned/controlled? [ ]Yes [ ] No Portion of Bid Amount to be If so, what Minority? performed by Contractor Female owned/controlled? [ ]Yes [ ] No SUBCONTRACTORS 1) Subcontractor's Name Address Federal I.D. Number CITY State Zip Code $ Minority owned/controlled? [ ]Yes [ ] No Subcontract Bid Amount If so,what Minority? Female owned/controlled? [ ]Yes [ ] No ------------------------------------------------------------------------------------------------------------------------------------------------ 2) Subcontractor's Name Address Federal I.D. Number CITY State Zip Code $ Minority owned/controlled? [ ]Yes [ ] No Subcontract Bid Amount If so,what Minority? Female owned/controlled? [ ]Yes [ ) N 1 of 2 Page 9 of 42 MINORITY AND WOMEN OWNED BUSINESS ENTERPRISE PARTICIPATION (Continued) 3) Subcontractor's Name Address Federal I.D. Number CITY State Zip Code $ Minority owned/controlled? [ ]Yes [ ] No Subcontract Bid Amount If so, what Minority? Female owned/controlled? [ ]Yes [ ] No 4) Subcontractor's Name Address Federal I.D. Number CITY State Zip Code $ Minority owned/controlled? [ ]Yes [ j No Subcontract Bid Amount If so, what Minority? Female owned/controlled? [ ]Yes [ ] No 5) Subcontractor's Name Address Federal I.D. Number CITY State Zip Code S Minority owned/controlled? ( ] Yes [ ) No Subcontract Bid Amount If so, what Minority? Female owned/controlled? [ ]Yes [ ] No 6) Subcontractor's Name Address Federal I.D. Number CITY State Zip Code $ Minority owned/controlled? [ ]Yes [ ] No Subcontract Bid Amount If so, what Minority? Female owned/controlled? [ ]Yes [ ) No 7) Subcontractor's Name Address Federal I.D. Number CITY State Zip Code $ Minority owned/controlled? [ ]Yes [ ] No Subcontract Bid Amount If so, what Minority? Female owned/controlled? [ ]Yes [ ] No 8) Subcontractor's Name Address Federal I.D. Number CITY State Zip Code $ Minority owned/controlled? [ ]Yes [ ] No Subcontract Bid Amount If so, what Minority? Female owned/controlled? [ )Yes [ ] No 9) Subcontractor's Name Address Federal I.D. Number CITY State Zip Code $ Minority owned/controlled? [ ]Yes [ ) No Subcontract Bid Amount If so,what Minority? 2of2 Page 10 of 42 Female owned/controlled? [ ]Yes [ ] No - 2of2 Page 10 of 42 i i I i CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY Project Name: INSTRUCTIONS This certification is required pursuant to Executive Order 11246(30 F.R. 12319-25). The implementing rules and regulations provide that any bidder or prospective contractor,or any of their proposed subcontractors,shall state as an initial part of the bid or negotiations of the contract whether it has participated in any previous contract or subcontract subject to the equal opportunity clause; and, if so,whether it has filed all compliance reports due under applicable instructions. Where the certification indicates that the bidder has not filed a compliance report due under applicable instructions,such bidder shall be required to submit a compliance report within seven calendar days after bid opening. No contract shall be awarded unless such report is submitted. CERTIFICATION BY BIDDER Bidder's Name Address &Zip Code 1. Bidder has on file an affirmative action program pursuant to Part 60-2 (applies to non-construction contracts). Yes❑ No ❑ 2.13idder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause. ---- Yes❑ No❑ (If answer is yes, identify the most recent contract.) (If answer is no, contractor may be required to submit an EEO-1 survey or other reports to the Equal Employment Opportunity Commission, contact the EEOC at 800-669-4000 or inquire online at http://www.eeoc.gov/eeo 1 surve vfindex.html. 1. Compliance reports were filed in connection with such contract or subcontract with the Joint Reporting Committee, the Deputy Assistant Secretary or the Equal Employment Opportunity Commission. Yes ❑ No ❑ None required ❑ Certification:The information above is true and complete to the best of my knowledge and belief. Name and Title of Signer (Please Type) Signature Date Page 12 of 42 CERTIFICATION BY PROPOSED SUBCONTRACTOR REGARDING EQUAL EMPLOYMENT OPPORTUNITY Name of Prime Contractor: Project Name: INSTRUCTIONS This certification is required pursuant to Executive Order 11246 (30 F.R. 12319-25). The implementing rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as an initial part of the bid or negotiations of the contract whether it has participated in any previous contract or subcontract subj ect to the equal opportunity clause; and, if so, whether it has filed all compliance reports due under applicable instructions. Where the certification indicates that the subcontractor has not filed a compliance report due under applicable instructions, such subcontractor shall be required to subm it a compliance report before the owner approves the subcontract or permits work to begin under the subcontract. SUBCONTRACTOR'S CERTIFICATION Subcontractor's Name: Address&Zip Code: 1.13idder has on file an affirmative action program pursuant to Part 60-2 (applies to non-construction contracts). Yes❑ No❑ 2.13idder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause. Yes❑ No ❑ (If answer is yes, identify the most recent contract.) (If answer is no, contractor may be required to submit an EEO-1 survey or other reports to the Equal Employment Opportunity Commission, contact the EEOC at 800-669-4000 or inquire online at http.-IAvww.eeoc.,gov/eeoIsurvevlindex.htm/` 3.Compliance reports were filed in connection with such contract or subcontract with the Joint Reporting Committee, the Deputy Assistant Secretary or the Equal Employment Opportunity Commission. Yes❑ No ❑ None required ❑ Certification: The information above is true and complete to the best of my knowledge and belief. Name and Title of Signer (Please Type) Signature Date • NOTE: THIS FORM MUST BE FILLED OUT BY EACH OF THE BIDDER'S SUBCONTRACTORS. Page 13 of 42 Section 3 Report - Contracts over $100,000 Project Name/Number: Prime Contractor Name/Address/Phone Number: Please check the contract type: ❑ Construction ❑ Non-Construction Under Section 3 of the Housing and Urban Development Act of 1968, as amended(the Act), the County of San Bernardino is directed to award a portion of all construction contracts of$100,000 or more,on projects funded by the Department of Housing and Urban Development(HUD), to Section 3 businesses. A Section 3 business: 1) is at least 51% owned by a low-income person,or 2) has a workforce comprised of at least 30% low-income persons,or 3)subcontracts at least 25% of its work to Section 3 businesses. Contractors with contracts over $100,000 must show a good faith effort to become a Section 3 business. The prime contractor must complete the following.Numbers should reflect information from the prime contractor and all subcontractors working on the project. Job Category # of new hires # new hires that %of total staff % of staff hours # of low-income for the project are low-income hours worked by worked by low- employees and new hires who are income employees trainees low-income and trainees s (including new hires Professionals Technicians Office/Clerical Construction By Trade(List): I. Trade 2. Trade 3. Trade 4. Trade 5. Trade 6. Trade 7. Trade Other List Please check one of the following: ❑❑ I am a Section 3 business ❑❑ I am not a Section 3 business ❑❑ I am working towards becoming a Section 3 business If you checked the ) box above, please check efforts made to become a Section 3 business: ❑❑Attempted to recruit low-income residents through: local advertising media, signs prominently displayed at the project site,contacts with community organizations and public or private agencies. ❑❑Participated in a HUD program,which promotes the training.and employment of low-income residents ❑❑Participated in a HUD program which promotes the award of contracts to Section 3 businesses ❑❑Coordinated with HUD Youth Build programs ❑❑Other efforts made(describe): Page 14 of 42 "SECTION 3" CLAUSE 3-2.2 Employment opportunities for business and lower income persons in connection with assisted projects. This clause applies to construction contracts of$100,000 or more, on projects funded with $200,000 or more in federal funds from the U.S. Department of Housing and Urban Development. Assurance of compliance with regulations. (A) Every contract or agreement for a grant, loan, subsidy or other direct financial assistance in aid of housing, urban planning, development, redevelopment, or renewal, public or community facilities and new community facilities and new community development, entered into by the Department of Housing and Urban Development with respect to a Section 3 covered project shall contain provisions requiring the applicant or recipient to carry out the provisions of Section 3, the regulations set forth in this part, and any applicable rules and orders of the Department issued thereunder prior to approval of its application for assistance for a Section 3 covered project. (B) Every applicant, recipient, contracting party, contractor and subcontractor shall incorporate, or cause to be incorporated, in all contracts for work in connection with a Section 3 covered project, the following clause (referred to as Section 3 clause): a. The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development as is subject to the requirements of Section 3 of the Housing and Urban Development and is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns, which are located or owned in substantial part by persons residing in the area of the project. b. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth to 24CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability, which would prevent them from complying with these requirements. c. The contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organizations or worker's representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. d. The contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development 24 CFR 135. The contractor will not subcontract unless the subcontractor has first provided him with a preliminary statement of ability to comply with the requirements of these regulations. e. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of the contract, shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors and assigns, to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR 135 Page 14 of 42 I �p t f i Davis-Bacon Wage Determination i i Page 14 of 42 WAIS Document Retrieval Page 1 of 21 GENERAL DECISION: CA20080037 05/09/2008 CA37 Date: May 9, 2008 General Decision Number: CA20080037 05/09/2008 Superseded General Decision Number: CA20070037 State: California Construction Types: Building, Heavy (Heavy and Dredging) and Highway County: San Bernardino County in California. BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work) ; HEAVY CONSTRUCTION PROJECTS (does not include water well drilling) ; HIGHWAY CONSTRUCTION PROJECTS Modification Number Publication Date 0 02/08/2008 1 02/15/2008 2 02/22/2008 02/29/2008 4 03/07/2008 5 03/28/2008 6 04/04/2008 7 04/11/2008 8 05/09/2008 ASBE0005-002 08/07/2007 Rates Fringes Asbestos Workers/Insulator (Includes the application of all insulating materials, protective coverings, coatings, and finishes to all types of mechanical systems) . . . . .$ 37.01 10.84 Fire Stop Technician (Application of Firestopping Materials for wall openings and penetrations in walls, floors, ceilings and curtain walls) . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 20.76 10.23 ---------------------------------------------------------------- ASBE0005-004 08/07/2006 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 f 3 WAIS Document Retrieval Page 2 of 21 they contain asbestos or not) . . . .$ 19.55 6.38 ---------------------------------------------------------------- BOIL0092-003 10/01/2007 Rates Fringes BOILERMAKER. . . . . . . . . . . . . . . . . . . . . .$ 37.99 18.11 ---------------------------------------------------------------- * BRCA0004-011 05/01/2008 Rates Fringes Bricklayer; Marble Setter. . . . . . . .$ 34.08 9.70 ---------------------------------------------------------------- BRCA0018-004 06/01/2007 Rates Fringes MARBLE FINISHER. . . . . . . . . . . . . . . . . .$ 24 .02 8.41 TILE FINISHER. . . . . . . . . . . . . . . . . . . .$ 19.82 7 .51 Tile Laver. . . . . . . . . . . . . . . . . . . . . . .$ 30.55 11 . 62 BRCA0018-010 10/08/2007 Rates Fringes TERRAZZO FINISHER. . . . . . . . . . . . . . . .$ 25.54 8.62 TERRAZZO WORKER/SETTER. . . . . . . . . . .$ 32.63 9.41 ---------------------------------------------------------------- _ CARP0409-001 07/01/2007 Rates Fringes CARPENTER (1) Carpenter, Cabinet Installer, Insulation Installer, Hardwood Floor Worker and acoustical installer. . . . . . . . . . . . . . . . . . .$ 35.51 9.20 (2) Millwright. . . . . . . . . . . . . .$ 36.01 9.20 (3) Piledriver/Derrick Bargeman, Bridge or Dock Carpenter, Heavy Framer, Rock Bargeman or Scowman, Rockslinger, Shingler (Commercial) . . . . . . . . . . . . . . . .$ 35.64 9.20 (4) Pneumatic Nailer, Power Stapler. . . . . . . . . . . . . . .$ 35.76 9.20 (5) Sawfiler. . . . . . . . . . . . . . .$ 35.60 9.20 (6) Scaffold Builder. . . . . . .$ 27.46 9.20 (7) Table Power Saw Operator. . . . . . . . . . . . . . . . . . . .$ 35.61 9.20 FOOTNOTE: Work of forming in the construction of open cut sewers or storm drains, on operations in which horizontal lagging is used in conjunction with steel H-Beams driven or placed in pre- drilled holes, for that portion of a lagged trench against which concrete is poured, namely, as a substitute for back forms (which work is performed by piledrivers) : $0.13 per hour additional. Certified Welder httn•//fna,PhaatP nrrPCC ann anv 1roi_hin 1aetr1nr WAIS Document Retrieval Page 3 of 21 - $1.00 per hour premium. ---------------------------------------------------------------- CARP0409-002 07/01/2007 Rates Fringes Diver (1) Wet. . . . . . . . . . . . . . . . . . . . .$ 634.24 8.20 (2) Standby. . . . . . . . . . . . . . . . .$ 317.12 8.20 (3) Tender. . . . . . . . . . . . . . . . . .$ 309.12 8.20 (4) Assistant Tender. . . . . . . .$ 285.12 8.20 Amounts in "Rates' column are per day ---------------------------------------------------------------- CARP0409-005 07/01/2007 Rates Fringes Drywall DRYWALL INSTALLER/LATHER. . . .$ 35.51 9.17 STOCKER/SCRAPPER. . . . . . . . . . . .$ 10.00 6.56 ---------------------------------------------------------------- CARP0409-008 01/C1/2007 Rates Fringes Modular Furniture Installer. . . . . .$ 18.25 i.16 -------------------------------------------------- ELEC0011-002 12/05/2006 COMMUNICATIONS AND SYSTEMS WORK Rates Fringes Communications System Installer. . . . . . . . . . . . . . . . . . .$ 24.43 3%+7.60 Technician. . . . . . . . . . . . . . . . . .$ 26.23 3%+7.60 SCOPE OF WORK: Installation, testing, service and maintenance of systems utilizing the transmission and/or transference of voice, sound, vision and digital for commercial, educational, security and entertainment purposes for the following: TV monitoring and surveillance, background-foreground music, intercom and telephone interconnect, inventory control systems, microwave transmission, multi-media, multiplex, nurse call systems, radio page, school intercom and sound, burglar alarms, fire alarm (see last paragraph below) and low voltage master clock systems in commercial buildings. Communication Systems that transmit or receive information and/or control systems that are intrinsic to the above listed systems; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding all other data systems or multiple systems which include control function or power supply; excluding installation of raceway systems, conduit systems, line voltage work, and energy management systems. Does not cover work performed at China Lake Naval Ordnance Test Station. Fire alarm work shall be performed at the current inside wireman total cost package. --- 6A)MOR I a WAIS Document Retrieval Page 4 of 21 1 t ---------------------------------------------------------------- ELEC0477-002 06/04/2007 Rates Fringes Electricians: Electrician. . . . . . . . . . . . . . . . .$ 32.60 3%+14.35 CABLE SPLICER: $1.00 per hour above Electrician rate. TUNNEL WORK: 10% above Electrician rate. ZONE PAY: Zone A - 80 road miles from Post Office, 455 Orange Show Lane, San Bernardino, will be a free zone for all contractors Zone B - Any work performed outside Zone A's 80 road miles, shall add $8.00 per hour to the current wage scale. ---------------------------------------------------------------- ELEC1245-001 06/01/2007 Rates Fringes LINE CONSTRUCTION (1) Lineman; Cable splicer. .$ 41 .02 12.22 (2) Equipment specialist (operates crawler tractors, commercial motor vehicles, backhoes, trenchers, cranes (50 tons and below) , and overhead and underground distribution line equipment) . . . . . . . . . . . . . . . . . .$ 33.24 11.17 (3) Groundman. . . . . . . . . . . . . . .$ 25.42 10.89 (4) Powderman. . . . . . . . . . . . . . .$ 37.16 11.34 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 01/01/2008 Rates Fringes ELEVATOR MECHANIC. . . . . . . . . . . . . . . .$ 43.10 16.285 FOOTNOTE: PAID VACATION: Employer contributes 8% of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service. PAID HOLIDAYS: New Years Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day. ---------------------------------------------------------------- ENGI0012-003 07/09/2007 Rates Fringes POWER EQUIPMENT OPERATOR (All Other Work) http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA2008... 6/9/2008 WAIS Document Retrieval Page 5 of 21 GROUP 1. . . . . . . . . . . . . . . . . . . .$ 33.65 15.82 GROUP 2. . . . . . . . . . . . . . . . . . . .$ 34.43 15.82 GROUP 3. . . . . . . . . . . . . . . . . . . .$ 34.72 15.82 GROUP 4. . . . . . . . . . . . . . . . . . . .$ 36.21 15.82 GROUP 5. . . . . . . . . . . . . . . . . . . .$ 37.31 15.82 GROUP 6. . . . . . . . . . . . . . . . . . . .$ 36.43 15.82 GROUP 7. . . . . . . . . . . . . . . . . . . .$ 37.53 15.82 GROUP 8. . . . . . . . . . . . . . . . . . . .$ 36.54 15.82 GROUP 9. . . . . . . . . . . . . . . . . . . .$ 37.64 15.82 GROUP 10. . . . . . . . . . . . . . . . . . . .$ 36.66 15.82 GROUP 11. . . . . . . . . . . . . . . . . . . .$ 37.76 15.82 GROUP 12. . . . . . . . . . . . . . . . . . . .$ 36.83 15.82 GROUP 13. . . . . . . . . . . . . . . . . . . .$ 36.93 15.82 GROUP 14. . . . . . . . . . . . . . . . . . . .$ 36.96 15.82 GROUP 15. . . . . . . . . . . . . . . . . . . .$ 37.04 15.82 GROUP 16. . . . . . . . . . . . . . . . . . • .$ 37.16 15.82 GROUP 17. . . . . . . . . . . . . . . . . . . .$ 37.33 15.82 GROUP 18. . . . . . . . . . . . . . . . . . . .$ 37.43 15.82 GROUP 19. . . . . . . . . . . . . . . . . . . .$ 37.54 15.82 GROUP 20. . . . . . . . . . . . . . . . . . . .$ 37.66 15.82 GROUP 21 . . . . . . . . . . . . . . . . . . . .$ 37.83 15.82 GROUP 22. . . . . . . . . . . . . . . . . . . .5 37.93 15.82 GROUP 23. . . . . . . . . . . . . . . . . . . .$ 38.04 15.82 GROUP 24 . . . . . . . . . . . . . . . . . . . .$ 38.16 15.82 GROUP 25. . . . . . . . . . . . . . . . . . . .5 38.33 15.82 POWER EQUIPMENT OPERATOR (Cranes, Piledriving & Hoisting) GROUP 1. . . . . . . . . . . . . . . . . . . .$ 35.00 15.82 GROUP 2. . . . . . . . . . . . . . . . . . . .$ 35.78 15.82 GROUP 3. . . . . . . . . . . . . . . . . . . .$ 36.07 15.82 GROUP 4. . . . . . . . . . . . . . . . . . . .$ 36.21 15.82 GROUP 5. . . . . . . . . . . . . . . . . . . .$ 36.43 15.82 GROUP 6. . . . . . . . . . . . . . . . . . . .$ 36.54 15.82 GROUP 7. . . . . . . . . . . . . . . . . . . .$ 36.66 15.82 GROUP 8. . . . . . . . . . . . . . . . . . . .$ 36.83 15.82 GROUP 9. . . . . . . . . . . . . . . . . . . .$ 37.00 15.82 GROUP 10. . . . . . . . . . . . . . . . . . . .$ 38.00 15.82 GROUP 11. . . . . . . . . . . . . . . . . . . .$ 39.00 15.82 GROUP 12. . . . . . . . . . . . . . . . . . . .$ 40.00 15.82 GROUP 13. . . . . . . . . . . . . . . . . . . .$ 41.00 15.82 POWER EQUIPMENT OPERATOR (Tunnel Work) GROUP 1. . . . . . . . . . . . . . . . . . . .$ 35.50 15.82 GROUP 2. . . . . . . . . . . . . . . . . . . .$ 36.28 15.82 GROUP 3. . . . . . . . . . . . . . . . . . . .$ 36.57 15.82 GROUP 4. . . . . . . . . . . . . . . . . . . .$ 36.71 15.82 GROUP 5. . . . . . . . . . . . . . . . . . . .$ 36.93 15.82 GROUP 6. . . . . . . . . . . . . . . . . . . .$ 37.04 15.82 GROUP 7. . . . . . . . . . . . . . . . . . . .$ 37.16 15.82 FOOTNOTES: PREMIUM PAY of $3.75 per hour shall be paid on all power equipment operator work at Camp Pendleton, Point Arguello, and Vandenburg AFB. 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. arnPc" a„n Qnv/cui-hin✓getdoc_cLyi?dbname=Davis-Bacon&docid=CA2008... 6/9/2008 WAIS Document Retrieval Page 6 of 21 POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP l: Bargeman; Brakeman; Compressor operator; Ditch Witch, with seat or similar type equipment; Elevator operator-inside; -Engineer Oiler; Forklift operator (includes loed, lull or similar types under 5 tons; Generator operator; Generator, pump or compressor plant operator; Pump operator; Signalman; Switchman GROUP 2: Asphalt-rubber plant operator (nurse tank operator) ; Concrete mixer operator-skip type; Conveyor operator; Fireman; Forklift operator (includes loed, lull or similar types over 5 tons; Hydrostatic pump operator; oiler crusher (asphalt or concrete plant) ; Petromat laydown machine; PJU side dum jack; Screening and conveyor machine operator (or similar types) ; Skiploader (wheel type up to 3/4 yd. without attachment) ; Tar pot fireman; Temporary heating plant operator; Trenching machine oiler GROUP 3: Asphalt-rubber blend operator; Bobcat or similar type (Skid steer) ; Equipment greaser (rack) ; Ford Ferguson (with dragtype attachments) ; Helicopter radioman (ground) ; i 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; Horizontal Directional Drilling Machine; Hydra-hammer-aero stomper; Micro Tunneling (above ground tunnel) ; Power concrete curing machine operator; Power concrete saw operator; Power-driven jumbo form setter operator; Power sweeper operator; Rock Wheel Saw/Trencher; Roller operator (compacting) ; Screed operator (asphalt or concrete) ; Trenching machine operator (up to 6 ft. ) ; Vacuum or much truck GROUP 5: Equipment Greaser (Grease Truck/Multi Shift) . GROUP 6: Articulating material hauler; Asphalt plant engineer; Batch plant operator; Bit sharpener; Concrete joint machine operator (canal and similar type) ; Concrete planer operator; Dandy digger; Deck engine operator; Derrickman (oilfield type) ; Drilling machine operator, bucket or auger types (Calweld 100 bucket or similar types - Watson 1000 auger or similar types - Texoma 330, 500 or 600 auger or similar types - drilling depth of 45' maximum) ; Drilling machine operator; Hydrographic seeder machine operator (straw, pulp or seed) , Jackson track maintainer, or similar type; Kalamazoo Switch tamper, or 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) ; httn-//fnx,Phaateaccecc_ann anv/cai-hin/getdne cai9rihname=T)nvic_RarnnRrrincici=C'A20(1R rvon m WAIS Document Retrieval Page 7 of 21 Road oil mixing machine operator; Roller operator (asphalt or finish) , rubber-tired earth moving equipment (single engine, up to and including 25 yds. struck) ; Self-propelled tar pipelining machine operator; Skiploader operator (crawler and wheel type, over 3/4 yd. and up to and including 1-1/2 yds. ) ; Slip form pump operator (power driven hydraulic lifting device for concrete forms) ; Tractor operator-bulldozer, tamper-scraper (single engine, up to 100 h.p. flywheel and similar types, up to and including D-5 and similar types) ; Tugger hoist operator (1 drum) ; Ultra high pressure waterjet cutting tool system operator; Vacuum blasting machine operator GROUP 7: Welder - General GROUP 8: Asphalt or concrete spreading operator (tamping or finishing) ; Asphalt paving machine operator (Barber Greene or similar type) ; Asphalt-rubber distribution operator; Backhoe operator (up to and including 3/4 yd. ) , small ford, Case or similar; Cast-in-place pipe laying machine operator; Combination mixer and compressor operator (gunite work) ; Compactor operator (self-propelled) ; Concrete mixer operator (paving) ; Crushing plant operator; Drill Doctor; Drilling machine operator, Bucket or auger types (Calweld 150 bucket or similar types - Watson 1500, 2000 2500 auger or similar types - Texoma 700, 800 auger or similar types - drilling depth of 60' maximum) ; Elevating grader operator; Grade checker; Gradall operator; Grouting machine operator; Heavy-duty repairman; Heavy equipment robotics operator; Kalamazoo balliste regulator or similar type; Kolman belt loader and similar type; Le Tourneau blob compactor or similar type; Loader operator (Athey, Euclid, Sierra and similar types) ; Mobark Chipper or similar; Ozzie padder or similar types; P.C. slot saw; Pneumatic concrete placing machine operator (Hackley-Presswell or similar type) ; 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 0 wlnno iln in nno WAIS Document Retrieval Page 8 of 21 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 operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) httn•I/fnivahcra*P art-pee nnn w I%nno II-x ^nn WAIS Document Retrieval Page 9 of 21 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. u7?its - multiple engine, up to and including 25 yds. struck) GROUP 20: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, over 50 yds. struck) ; Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps, and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 , yds. struck) GROUP 21: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) GROUP 22: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, up to and including 25 yds. struck) GROUP 23: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck) ; Rubber-tired earth-moving equipment operator, operating with the tandem push-pull system (multiple engine, up to and including 25 yds. struck) GROUP 24: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, over 50 yds. struck) ; Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) H,+„•//f..�,oL,rtata arrPcc ann vnv/roi-bin/Qetdnc_cni?dhname=Davis-Bacon&docid=CA2008... 6/9/2008 WAIS Document Retrieval Page 10 of 21 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: Bridae crane operator; Cretor crane operator; Hoist operator (Chicago boom and similar type) ; Lift mobile operator; Lift slab machine operator (Vagtbora and similar types) ; Material hoist and/or manlift operator; Polar gantry crane operator; Self Climbing scaffold (or similar type) ; Shovel, backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5 cu. yds. mrc) ; Tugger hoist operator GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cu. yds. mrc) ; Tower crane repair; Tugger hoist operator (3 drum) GROUP 8: Crane operator (up to and including 25 ton capacity) ; Crawler transporter operator; Derrick barge operator (up to and including 25 ton capacity) ; Hoist operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity) ; Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds. , M.R.C. ) GROUP 9: Crane operator (over 25 tons and up to and including 50 tons mrc) ; Derrick barge operator (over 25 tons up to and including 50 tons mrc) ; Highline cableway operator; Hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including 50 tons mrc) ; K-crane operator; Polar crane operator; Self erecting tower crane operator maximum lifting capacity ten tons GROUP 10: Crane operator (over 50 tons and up to and including 100 tons mrc) ; Derrick barge operator (over 50 tons up to and including 100 tons mrc) ; Hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to and including 100 tons mrc) , Mobile tower crane operator (over 50 tons, up to and including 100 tons M.R.C. ) ; Tower crane operator and tower gantry GROUP 11: Crane operator (over 100 tons and up to and including 200 tons mrc) ; Derrick barge operator (over 100 tons up to and including 200 tons mrc) ; Hoist operator, stiff legs, Guy derrick or similar type (over 100 tons up http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA2008... 6/9/2008 .. WAIS Document Retrieval Page I I of 21 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 corm setter operator GROUP 3: Dinkey locomotive or motorperson (up to and includinq 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 ---------------------------------------------------------------- ENGI0012-004 08/01/2007 Rates Fringes POWER EQUIPMENT OPERATOR (DREDGING) (1) Leverman. . . . . . . . . . . . . . . .$ 41.65 15.82 (2) Dredge dozer. . . . . . . . . . . .$ 37.18 15.82 (3) Deckmate. . . . . . . . . . . . . . . .$ 37.07 15.82 (4) Winch operator (stern winch on dredge) . . . . . . . . . . . .$ 36.52 15.82 (5) Fireman-Oiler, Deckhand, Bargeman, Leveehand. . . . . . . . . . . . . . . . . . .$ 35.98 15.82 hnp:Hfrwebgate.access.gpo.gov/cgi-bin/getdoe.cgi?dbnanne=Davis-Bacon&docid=CA2008... 6/9/2008 WAIS Document Retrieval Page 12 of 21 (6) Barge Mate. . . . . . . . . . . . . .$ 36.59 15.82 ---------------------------------------------------------------- IRON0002-004 07/01/2007 Rates Fringes Ironworkers: Fence Erector. . . . . . . . . . . . . . .$ 29.62 20.915 Ornamental, Reinforcing and Structural. . . . . . . . . . . . . .$ 30.51 20.915 PREMIUM PAY: $3.00 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 $2.00 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 $1.00 additional per hour at the following locations: Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock ---------------------------------------------------------------- LAB00300-001 07/01/2007 Rates Fringes Brick Tender. . . . . . . . . . . . . . . . . . . . .$ 25.47 13.25 ---------------------------------------------------------------- LAB00300-003 07/01/2007 Rates Fringes LABORER: Gunite GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 27.79 16.62 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 26.84 16.62 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 23.30 16.62 Laborer: Tunnel GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 29.04 13.54 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 29.36 13.54 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 29.82 13.54 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 30.51 13.54 Laborers: GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 24.63 13.25 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 25.18 13.25 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 25.73 13.25 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 27.28 13.25 GROUP 5. . . . . . . . . . . . . . . . . . . . .$ 27163 13.25 FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a httn-//frwehgate.access_gno_gov/c ei-bin/Qetdoc.c 2i?dbname=Davis-Bacon&docid=CA2008... 6/9/2008 WAIS Document Retrieval Page 13 of 21 , Bosn'n's Chair or suspended from a rope or cable shall receive 40 cents per hour above the foregoing applicable classification rates. Workers doing gunite and/or shotcrete work in a tunnel shall receive 35 cents per hour above the foregoing applicable classification rates, paid on a portal-to-portal basis. Any work performed on, in or above any smoke stack, silo, storage elevator or similar type of structure, when such structure is in excess of 75'-0" above base level and which work must be performed in whole or in part more than 75'-0" above base level, that work performed above the 75'-0" level shall be compensated for at 35 cents per hour above the applicable classification wage rate. LABORER CLASSIFICATIONS a 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, oiler 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, http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA2008... 6/9/2008 WAIS Document Retrieval Page 14 of 21 creosote, lime caustic and similar type materials ("applying" means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing) ; Operator of pneumatic, gas, electric tools, vibrating machine, pavement breaker, air blasting, come-alongs, and similar mechanical tools not separately classified herein; Pipelayer's backup person, coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; Rock slinger; Rotary scarifier or multiple head concrete chipping scarifier; Steel headerboard and guideline setter; Tamper, Barko, Wacker and similar type; Trenching machine, hand-propelled GROUP 4: Asphalt raker, lute person, ironer, asphalt dump person, and asphalt spreader boxes (all types) ; Concrete core cutter (walls, floors or ceilings) , grinder or sander; Concrete saw person, cutting walls or flat work, scorina old or new concrete; Cribber, shorer, lagging, sheeting and trench bracing, hand-guided laggIna 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 layine and installation of pipe from the point of receiving pipe in the ditch until completion of operation, including any and all forms of tubular material, whether pipe, metallic or non-metallic, conduit and any other stationary type of tubular device used for the conveying of any substance or element, whether water, sewage, solid gas, air, or other product whatsoever and without regard to the nature of material from which the tubular material is fabricated; No-joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster (nozzle person) , water blasting, Porta Shot-Blast GROUP 5: Blaster powder, all work of loading holes, placing and blasting of all powder and explosives of whatever type, regardless of method used for such loading and placing; Driller: All power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all other types of mechanical drills without regard to the form of motive power; Toxic waste removal TUNNEL LABORER CLASSIFICATIONS GROUP 1: Batch plant laborer; Bull gang mucker, track person; Chanaehouse person; Concrete crew, including rodder and spreader; Dump person; Dump person (outside) ; Swamper (brake person and switch person on tunnel work) ; Tunnel materials handling person GROUP 2: Chucktender, cabletender; Loading and unloading agitator cars; Nipper; Pot tender, using mastic or other materials (for example, but not by way of limitation, shotcrete, etc. ) ; Vibrator person, jack hammer, pneumatic tools (except driller) GROUP 3: Blaster, driller, powder person; Chemical grout jet person; Cherry picker person; Grout gun person; Grout mixer person; Grout pump person; Jackleg miner; Jumbo person; http://frwebgate.access.gpo.gov/c gi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA2008... 6/9/2008 WAIS Document Retrieval Page 15 of 21 Kemper and other pneumatic concrete placer operator; Miner, tunnel (hand or machine) ; Nozzle person; Operating of troweling and/or grouting machines; Powder person (primer house) ; Primer person; Sandblaster; Shotcrete person; Steel form raiser and setter; Timber person, retimber person, wood or steel; Tunnel Concrete finisher GROUP 4 : Diamond driller; Sandblaster; Shaft and raise work GUNITE LABORER CLASSIFICATIONS GROUP 1 : Nozzle person and rod person GROUP 2: Gun person GROUP 3: Rebound person ---------------------------------------------------------------- LAB00300-008 08/01/2007 Rates Fringes Plaster Clean-up Laborer. . . . . . . . .$ 24 . 90 13.20 Plasterer tender. . . . . . . . . . . . . . . . .; 27 . 45 13.20 Work at Military Bases - $3.00 additional per hour: Coronado Naval Amphibious Base, Fort Irwin, George AFB, Marine Corps Air Station-29 Palms, Imperial Beach Naval Air Station, Marine Corps Logistics Supply Base, Marine Corps Pickle Meadows, Mountain Warfare Training Center, Naval Air Facility-Seeley, North Island Naval Air Station, Vandenberg AFB. ---------------------------------------------------------------- LAB00882-002 01/01/2008 Rates Fringes Asbestos Removal Laborer. . . . . . . . .$ 25.15 12.25 SCOPE OF WORK: Includes site mobilization, initial site cleanup, site preparation, removal of asbestos-containing material and toxic waste, encapsulation, enclosure and disposal of asbestos- containing materials and toxic waste by hand or with equipment or machinery; scaffolding, fabrication of temporary wooden barriers and assembly of decontamination stations. ---------------------------------------------------------------- LABO1184-001 07/01/2007 Rates Fringes Laborers: (HORIZONTAL DIRECTIONAL DRILLING) (1) Drilling Crew Laborer. . .$ 25.44 8.81 (2) Vehicle Operator/Hauler.$ 25.61 8.81 (3) Horizontal Directional Drill Operator. . . . . . . . . . . . . .$ 27.46 8.81 (4) Electronic Tracking Locator. . . . . . . . . . . . . . . . . . . . .$ 29.46 8.81 Laborers: (STRIPING/SLURRY o_J AIN nnO -1 M in nn0 WAIS Document Retrieval Page 16 of 21 SEAL) GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 26.39 11.47 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 27.69 11.47 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 29.70 11.47 GROUP 4. . . . . ... . . . . . . . . . . . . . .$ 31.44 11.47 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 delineatina device applicator: Layout and application of pavement markers, delineatina signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating devices including traffic control. This category includes all traffic related surface preparation (sandblasting, waterblasting, grinding) as part of the application process. Traffic protective delineating system installer: removes, relocates, installs, permanently affixed roadside and parking delineation barricades, fencing, cable anchor, guard rail, reference signs, monument markers; operation of all related machinery and -- equipment; power broom sweeper GROUP 4: Striper: layout and application of traffic stripes and markings; hot thermo plastic; tape traffic stripes and markings, including traffic control; operation of all - related machinery and equipment ---------------------------------------------------------------- PAIN0036-001 07/01/2007 Rates Fringes Painters: (Including Lead Abatement) (1) Repaint. . . . . . . . . . . . . . . . .$ 25.20 8.14 (2) All Other Work. . . . . . . . . .$ 28.47 8.14 REPAINT of any structure with the exception of work involving the aerospace industry, breweries, commercial recreational facilities, hotels which operate commercial establishments as part of hotel service, and sports facilities, tenant improvement work not included in conjunction with the construction of the building and all repainting of tenant improvement projects. ---------------------------------------------------------------- PAIN0036-008 10/01/2007 Rates Fringes http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA2008... 6/9/2008 WAIS Document Retrieval Page 17 of 21 DRYWALL FINISHER/TAPER. . . . . . . . . . .$ 31.64 10.87 ---------------------------------------------------------------- PAIN0036-015 06/01/2007 Rates Fringes GLAZIER. . . . . . . . . . . . . . . . . . . . . . . . . .$ 33.30 13.53 FOOTNOTE: Additional $1.25 per hour for work in a condor, from the third (3rd) floor and up Additional $1.25 per hour for work on the outside of the building from a swing stage or any suspended contrivance, from the ground up ---------------------------------------------------------------- * PAIN1247-002 05/01/2008 Rates Fringes SOFT FLOOR LAYER. . . . . . . . . . . . . . . . .$ 29.85 9.04 ---------------------------------------------------------------- PLP.S0200-008 0110112005 Rates �inges PLASTERER. . . . . . . . . . . . . . . . . . . . . . . .S 28.29 7 .46 FORT IRWIN; GEORGE AIR FORCE BASE; MARINE CORPS AIR STATION 29 PALMS, AND MARINE CORPS LOGISTICS SUPPLY BASE: $3.00 additional per hour. ---------------------------------------------------------------- PLAS0500-002 07/01/2007 Rates Fringes CEMENT MASON/CONCRETE FINISHER. . .$ 28.00 16.45 ---------------------------------------------------------------- PLUM0016-002 01/01/2008 Rates Fringes PLUMBER, PIPEFITTER, STEAMFITTER (1) Work on strip malls, light commercial, tenant improvement and remodel work. . . . . . . . . . . . . . . . . . . . . . . .$ 26.21 13.54 (2) Work on new additions and remodeling of bars, restaurants, stores and commercial buildings, not to exceed 5, 000 sq. ft. of floor space. . . . . . . . . . . . . . . . .$ 32 .84 14.93 (3) All other work. . . . . . . . . .$ 33.86 15.91 (4) Work at Edwards AFB and George AFB. . . . . . . . . . . . . .$ 38.36 15.91 (5) Work at Fort Irwin Army Base, Marine Corps Logistic Base at Nebo, Marine Corps Logistic Base at Yermo and Twenty-Nine llttp:Hfrwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA2008... 6/9/2008 w WAIS Document Retrieval Page 18 of 21 Palms Marine Base. . . . . . . . . . .$ 40.86 15.91 ---------------------------------------------------------------- PLUM0345-001 01/01/2008 3 Rates Fringes PLUMBER Landscape/Irrigation Fitter.$ 25.18 12.66 Sewer & Storm Drain Work. . . .$ 22.99 14.79 ---------------------------------------------------------------- ROOF0036-002 08/01/2007 Rates Fringes ROOFER. . . . . . . . . . . . . . . . . . . . . . . . . . .$ 29.90 7.27 FOOTNOTE: Pitch premium: Work on which employees are exposed to pitch fumes or required to handle pitch, pitch base or pitch impregnated products, or any material containing coal tar pitch, the entire- roofing crew shall receive $1.75 per hour "pitch premium" pay. SFCA0669-009 04/01/2008 Does not include the northern part of the City of Chino, or the Cities of Montclair and Ontario Rates Fringes SPRINKLER FITTER. . . . . . . . . . . . . . . . .$ 32.85 15.05 ---------------------------------------------------------------- SFCA0709-004 09/01/2007 THE NORTHERN PART OF THE CITY OF CHINO, AND THE CITIES OF MONTCLAIR AND ONTARIO: Rates Fringes SPRINKLER FITTER (Fire) . . . . . . . . . .$ 35.68 18.50 ---------------------------------------------------------------- SHEE0105-003 01/01/2008 LOS ANGELES (South of a straight line drawn between Gorman and Big Pines)and Catalina Island, INYO, KERN (Northeast part, East of Hwy 395) , MONO ORANGE, RIVERSIDE, AND SAN BERNARDINO COUNTIES Rates Fringes Sheet metal worker (1) Commercial - New Construction and Remodel work. . . . . . . . . . . . . . . . . . . . . . . .$ 37.08 14 .61 (2) Industrial work including air pollution control systems, noise abatement, hand rails, guard rails, excluding s aritechtural sheet metal work, excluding A-C, heating, ventilating http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA2008... 6/9/2008 W/\l8 Document Retrieval Page l9nf2l ^ systems for human cmmfort' ' .$ 32.01 19.92 ---------------------------------------------------------------- zEAM00I1-002 07/01/2007 Rates Fringes Truck drivers: GROUP l' . . . . . ' ' ' ' ' ' ' . . . ' ' . .$ 25'44 17.39 saooe 2. . . . ' ' ' ' . ' ' ' . ' ' . . . . .$ 25.59 17.39 GROUP ]. ' ' ' ' . . . ' ' ' . ' ' . . . ' ' '$ 25.72 17.39 Ga0Oe 4. ' ' ' . . . . ' . . . ' . . ' . . . .$ 25'9I I7.39 GROUP 5' ' . . . . . ' . . . . ' . ' . ' . . .$ 25.94 17.39 GROUP 6. . . . . . ' ' . . . . . ' . . . . . '$ 25'97 17.39 GROUP 7. . . ' . . . . ' . . . . . . . . ' . .$ 26'22 I7'39 GROUP 8. ' ' . ' . . . ' . . . ' . . . . . . .$ 26.47 17.39 GROUP 9. . . . . . . . . . . . . . . . . . . .$ 26.67 17'39 GROUP IO. . . . . . . . . . . . . . . . . . . .$ 26.97 I7'39 GROUP ll. . . . . . . . . . . . . . . . . . . .$ 27'47 I7.39 GROUP l2. . . . . . . . . . . . . . . . . . . .$ 27.90 I7'39 WORK ON ALL MILITARY BASES: PREMIUM PAY: $3.00 per hour additional. [29 palms Marine Base, camp Roberts, China Lake, Edwards xFE, ` Fort' Irwin, George aFE' Marine Corps Logistics Bass at Nebo | c xezmo' Mountain Warfare Training Center, Bridgeport, Point Arguello, Point Conception, Vandenberg arR] zmocK ouIvEas CLaoSzrzCuzzOms snonP I: Truck driver sa0oe 2: Driver of vehicle or combination of vehicles - 2 _ axles; Traffic control pilot car excluding nmvioq 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; ounw truck, less than 16 yda' water level; Erosion control driver su0De *: Driver of transit mix truck, under 3 yds.; oompozete truck, less than 6-I/2 yds. water level saoog 5: water truck, ] or more axles; Truck greaser and tire pezouo ($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 0: Transit mix truck, 3 yds. or more; oompozete truck, 0-1/2 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 sB0nr 8: Dump truck, 25 yds. to 49 ycls' water level; zzuob repair person; Water poll - single engine; welder hmn o4e.occcos.gpo.eov/cgi-b .cgi?dboucoe=Duvix-Bacon&docid=CA2O08.- 6/9/2000 WAIS Document Retrieval Page 20 of 21 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. 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) ) . In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1. ) Has there been an initial decision in the matter? This can be: • an existing published wage determination • a survey underlying a wage determination • a Wage and Hour Division letter setting forth a position on a wage determination matter • a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2. ) and 3. ) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA2008... 6/9/2008 WAIS Document Retrieval Page 21 of 21 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. Washineton:, DC 20210 S. ) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA2008... 6/9/2008 i AFFIRMATIVE ACTION COMPLIANCE GUIDELINES FOR CONSTRUCTION AND NON-CONSTUCTION CONTRACTORS s CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS (Applicable to Federally assisted construction contracts and related subcontracts exceeding $100,000.00 ) During the performance of this Contract, the contractor and all subcontractors shall comply with the requirements of the Clean Air act, as amended, 42 U.S.C. 1857 et seq., the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et. seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended. In addition to the forgoing requirements, all nonexempt contractors and subcontractors shall furnish to the owner, the following: (1) A stipulation by the .Contractor or subcontractors, that any facility to be utilized in the performance of any nonexempt Contract or subcontract, is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20. I (2) Agreement by the contractor to comply with all requirements of Section 114 of the Clean Air Act, as amended, (42 U.S.C. 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 U.S.C. 1318) relating to inspection, monitoring entry, reports and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines i ssued thereunder. (3) A stipulation that as a condition for the award of the Contract, prompt notice will be given of any - -- notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized, or to be utilized for the Contract, is under consideration to be listed on the EPA List of Violating Facilities. - — (4) Agreement by the Contractor to include, or cause to be included, the criteria and requirements in paragraph (1) through (3) of this section in every nonexempt subcontract and.requiring that the Contractor will take such action as the Government may direct as a means of enforcing such provisions. t Page 28 of 42 disparate manner(for example,even though the at lease include for each employee the name, Contractor has achieved its goals for women address, telephone numbers, construction trade, generally,the Contractor may be in violation of union affiliation if any, employee identification the Executive Order if a specific minority group number when assigned, social security number, of women is underutilized). race, sex, status (e.g., mechanic, apprentice trainee, helper, or laborer) dates of changes in 10. The Contractor shall not use the goals and status, hours worked per week in the indicated timetables or affirmative action standards to trade, rate of pay, and locations at which the discriminate against any person because of work was performed. Records shall be race, color, religion,sex, or national origin. maintained in an easily understandable and retrievable form; however, to the degree that 11. The Contractor shall not enter into any existing records satisfy this requirement, Subcontract with any person or firm debarred contractors shall not be required to maintain from Government contracts pursuant to separate records. Executive Order 11246. 15. Nothing herein provided shall be construed as a 12. The Contractor shall carry out such limitation upon the application of other laws sanctions and penalties for violation of these which establish different standards of specifications and of the Equal Opportunity compliance or upon the application of Clause, including suspension, termination and requirements for the hiring of local or other area cancellation of existing subcontracts as may be residents (e.g. those under the Public Works imposed or ordered pursuant to Executive Order Employment Act of 1977 and the Community 11246, as amended, and its implementing Development Block Grant Program). regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails a) The notice set forth in 41 CFR 60-4.2 and to carry out such sanctions and penalties shall the specifications set forth in 41 CFR 60-4.3 be in violation of these specifications and replace the New Form for Federal Equal Executive Order 11246, as amended. Employment Opportunity Bid conditions for Federal and federally Assisted Construction 13. The Contractor, in fulfilling its obligations under published at 41 CFR 32482 and commonly these specifications, shall implement specific known as the Model Federal EEO Bid affirmative action steps, at least as extensive as Conditions, and the New Form shall not be those standards prescribed in paragraph 7 of used after the regulations in 41 CFR Part these specifications, so as to achieve maximum 60-4 become effective. results from its efforts to ensure equal employment opportunity. If the Contractor fails Minori Goals to comply with the requirements of the Executive �' Order, the implementing regulations, or these The goal for the utilization of women employees on specifications, the director shall proceed in federally-assisted construction contracts is set at 6.9%. accordance with 41 CRF 60-4.6. The goal for utilization of minorities, based on the 14. The Contractor shall designate a responsible Standard metropolitan Statistical Area(SMSA)for official to monitor all employment related activity Riverside/San Bernardino County is 19%. to ensure that the company EEO policy is being carried out, to submit reports relating to the For additional information on these goals, please contact provisions hereof as may be required by the the OFCCP-Pacific Region at(415)848-6969. Government and to keep records. Records shall i 8of8 Page 27 of 42 h. specific review of these items with that the EEO policy and the onsite supervisory personnel such as Contractor's obligations under these Superintendents, General Foremen, specifications are being carried out. etc., prior to the initiation of construction work at any job site. A o. Ensure that all facilities and company written record shall be made and activities are nonsegregated except maintained identifying the item and that separate or single-user toilet and place of these meetings, persons necessary changing facilities shall be attending, subject matter discussed, provided to assure privacy between the and disposition of the subject manner. sexes. i. Disseminate the Contractor's EEO P Document and maintain a record of all policy externally by including it in any solicitations of offers for subcontracts advertising in the news media, from minority and female construction specifically including minority and contractors and suppliers, including female news media, and providing circulation of solicitations to minority written notification to and discussing and female contractor associations and the contractor's EEO policy with other other business associations. Contractors and Subcontractors with whom the contra4tor does or q. Conduct a review, at least annually, of anticipates doing business. all supervisors; adherence to and performance under the Contractor's j. Direct its recruitment efforts, both oral EEO policies and affirmative action and written, to minority, female and obligations. community organizations, to schools with minority and female students and 8. Contractors are encouraged to participate in to minority and female recruitment and voluntary associations, which assist in fulfilling training organizations serving the one or more of their affirmative action obligations Contractor's recruitment source, the (7a— P). The efforts of a contractor association, Contractor shall send written joint contractor-union, contractor-community or ° notification to organizations such as the other similar group of which the contractor is a above, describing the openings, member and participant may be asserted as screening procedures, and tests to be fulfilling any one or more of its obligations used in the selection process. provided that the contractor actively participates in the group, makes every effort to assure that k. Encourage present minority and female the group has a positive impact on the employees to recruit other minority employment of minorities and women in the persons and women and, where industry, ensures that the concrete benefits of reasonable, provide after school, the program are reflected in the Contractor's summer and vacation employment to minority and female workforce participation minority and female youth both on the makes a good faith effort to meet its individual site and in other areas of a Contractor's goals and timetables, and can provide access to work force. documentation which demonstrates the effectiveness of actions taken on behalf of the I. Validate all tests and other selection Contractor. The obligation to comply, however, requirements where there is an is the contractor's and failure of such a group to obligation to do so under 41 CFR Part fulfill an obligation shall not be a defense for the 60-3. Contractor's noncompliance. M. Conduct, at least annually, an inventory 9. A single goal for minorities and a separate single and evaluation at least of all minor8ty goal for women have been established. The and female personnel for promotional Contractor, however, is required to provide equal opportunities and encourage these employment opportunity and to take affirmative employees to seek or to prepare for, action for all minority groups, both male and through appropriate training, etc., such female, and all women, both minority and non- opportunities. minority. Consequently, the Contractor may be in violation of the executive Order if a particular n. Ensure that seniority practices, job group is employed in a substantially classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure 7of8 Page 26 of 42 5. Neither the provisions of any collective action was taken with respect to each bargaining agreement, nor the failure by a union such individual. If such individual was with whom the Contractor has a collective sent to the union hiring hall for referral bargaining agreement,to refer either minorities and was not referred back to the or women shall excuse the Contractor's Contractor by the union or, if referred, obligations under these specifications, Executive not employed by the Contractor, this Order 11246,or the regulations promulgated shall be documented in the file with the pursuant thereto. reason therefore, along with whatever additional actions the Contractor may 6. In order for the nonworking training hours of have taken. apprentices and trainees to be counted in meeting the goals, such apprentices and d. Provide immediate written notification trainees must be employed by the Contractor to the Director when the union or during the training period and the Contractor unions bargaining agreement has not must have made commitment to employ the referred to the Contractor a minority apprentices and trainees at the completion of person or woman sent by the their training, subject to the availability of Contractor, or when the Contractor has employment opportunities. Trainees must be other information that the union referral trained pursuant to training programs approved process has impeded the Contractor's by the U.S. Department of Labor. efforts to meet its obligations. The Contractor shall take specific affirmative e Develop on-the-job training actions to ensure equal employment opportunity opportunities and/or participate in The evaluation of the Contractor's compliance training programs for the area, which with these specifications shall be based upon its expressly include minorities and effort to achieve maximum results from its women, including upgrading programs actions. The Contractor shall document these and apprenticeship and trainee efforts fully, and shall implement affirmative programs relevant to the Contractor's action steps at least as extensive as the follow employment needs, especially those sixteen(16)steps: programs funded or approved by the Department of Labor. The Contractor a. Ensure and maintain a working shall provide notice of these programs environment free of harassment, to the sources compiled under 7b ----- intimidation, and coercion at all sites, above. — ---- and in all facilities -at which the - Contractor's employees are assigned to f. Disseminate the Contractor's EEO work. The Contractor shall specifically policy by providing notice of the policy ensure that all foremen, to unions and training programs and superintendents, and other on-site requesting their cooperation in assisting supervisory personnel are aware of and the Contractor in meeting its EEO carry out the Contractor's obligation to obligations by including it in any policy maintain such a working environment, manual and collective bargaining with specific attention to minority or agreement; by publizing it in the female individuals working at such sites company newspaper, annual report, or in such facilities. etc.; by specific review of the policy with all management personnel and with all b. Establish and maintain a current list of minority and female employees at least minority and female recruitment once a year, and by posting the sources, provide written notification to company EEO policy on bulletin boards minority and female recruitment accessible to all employees t each sources and to community location where constructi8n work is organizations when the Contractor or performed. its unions have employment opportunities available, and maintain a 9 Review, at least annually, the record of the organizations' responses. company's EEO policy and affirmative action obligations under these C. Maintain a current file of the names, specifications with all employees having addresses and telephone numbers of any responsibility for hiring, each minority and female off-the-street assignment, layoff, termination or other applicant and minority or female referral employment decisions including from a union, a recruitment source or community organization and of what 6of8 Page 25 of 42 STANDARD FEDERAL EQUAL 2. Whenever the Contractor,or any Subcontractor EMPLOYMENT OPPORTUNITY at any tier,subcontracts a portion of the work CONSTRUCTION CONTRACT PROVISIONS involving any construction trade,it shall physically include in each subcontract in excess (EXECUTIVE ORDER 11246, PURSUANT TO of$10,000 the provisions of these specifications 41 CFR 60-4.3 (a) and the Notice which contains the applicable goals for minority and female participation 1. As used in these specifications: and which is set forth in the solicitations from which this contract resulted. a. "Covered area" means the geographical area described in the 3. If the Contractor is participating(pursuant to 41 solicitation from which this contract CFR 60-4.5)in a Hometown Plan approved by resulted; the U.S. Department of Labor in the covered area either individually or through an b. "Director' means Director, Office of association, its affirmative action obligations on Federal Contract Compliance all work in the Plan area(including goals and Programs, United States Department of timetables)shall be in accordance with the plan Labor, or any person to whom the for those trades which have unions participating Director delegates authority, in the Plan. Contractors must be able to demonstrate their participation in and c "Employer identification number' compliance with the provisions of any such means the Federal Social Security Hometown Plan. Each Contractor or number used on the Employers Subcontractor participating in an approved Plan Quarter Federal Tax Return. U.S. is individually required to comply with its Treasury Department form 941. obligations under the EEO clause,and to make a good faith effort to achieve each goal under -d. "Minority"includes: the Plan in each trade in which it has employees. The overall good faith performance by other (i) Black (all persons having Contractors or Subcontractors toward a goal in origins in any of the Black an approved Plan does not excuse any covered African racial groups not of Contractor's or Subcontractor's failure to take Hispanic origin): good faith efforts to achieve Plan goals and timetables. (ii) Hispanic (all persons of Mexican, Puerto Rican, 4. The Contractor shall implement the specific Cuban, Central or South affirmative action standards provided in American or other Spanish paragraphs 7a through p of these specifications. Culture or origin, regardless of The goals set forth in the solicitation from which race); the contract resulted are expressed as percentages of the total hours of employment (iii) Asian and Pacific Islander (all and training of minority and female utilization the persons having origins in any Contractor should reasonable the able to of the original peoples of the achieve in each construction trade in which it Far East, Southeast Asia, the has employees in the covered area. Covered Indian Subcontinent, or the Construction contractors performing construction Pacific Islands);and work in geographical areas where they do not ave a Federal or federally assisted construction (iv) American Indian or Alaskan contract shall apply the minority and female Native (all persons goals established for the geographical area having origins in any of the where the work is being performed. Goals are original peoples of North published periodically in the FEDERAL America and maintaining REGISTER in notice form, and such notices may identifiable tribal affiliations be obtained from any Office of Federal contract through membership and Compliance Programs Office or from Federal participation or community procurement contracting officers. The contractor identification). is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 5of8 Page 24 of 42 EQUAL OPPORTUNITY CLAUSE FOR (4) The Contractor agrees to post in conspicuous WORKERS WITH DISABILITIES places, available to employees and applicants for employment, notices in a form to be prescribed by the Director, provided by or through the contracting This clause is inserted pursuant to the Rehabilitation Act of officer. 1973(P.L. 93-112)and 41 CFR Sec.60-741-4. (5) Such notices shall state the Contractor's obligation (1) The Contractor will not discriminate against any under the law to take affirmative action to employ employee or applicant for employment because of and advance in employment qualified handicapped physical or mental handicap in regard to any employees and applicants for employment, and the position for which the employee or applicant for rights of applicants and employees. employment is qualified. The Contractor agrees to take affirmative action to employ, advance in (6) The Contractor will notify each labor union or employment and otherwise treat qualified representative of workers with which it has a handicapped individuals without discrimination collective bargaining agreement or other contract based upon their physical or mental handicap in all understanding, that the Contractor is bound by the employment practices such as the following: terms of Section 503 of the Rehabilitation Act of employment, upgrading, demotion or transfer, 1973, and is committed to take affirmative action to recruitment, advertising, layoff or termination, rates employ and advance in employment physically and of pay or other forms of compensation, and mentally handicapped individuals. selection for training, including apprenticeship. (7) The Contractor will include the provisions of this (2) The Contractor agrees to comply with the rules, clause in every subcontract or purchase order of regulations and relevant orders of the Secretary of $2,500.00 or more unless exempted by rules, Labor issued pursuant to the Act. regulations or orders of the Secretary issued pursuant to Section 503 of the Act, so that such (3) In the event of the Contractor's non-compliance with provisions will be binding upon each Subcontractor the requirements of this clause, actions for or vendor. The Contractor will take such action with noncompliance may be taken in accordance with the respect to any subcontract or purchase order as the rules, regulations and relevant orders of the Director of the Office of Federal Contract Secretary of Labor issued pursuant to the Act. Compliance Programs may direct to enforce such provisions, including action for noncompliance. j 4 of 8 Page 23 of 42 (9) The Contractor agrees to comply with the rules, regulations and relevant orders of the Secretary of (7) The provisions of paragraphs (2), (3), (4) and (5) of Labor issued pursuant to the Act. this clause do not apply to openings which the Contractor proposes to fill from within his own (10) In the event of the Contractor's noncompliance with organization or to fill pursuant to a customary and the requirements of this clause, actions for traditional employer - union hiring arrangement. noncompliance may be taken in accordance with the This exclusion does not apply to a particular rules, regulations and relevant orders of the opening once an employer decides to consider Secretary of Labor issued pursuant to the Act. applicants outside of his own organization or employer-union arrangement for that opening. (11) The Contractor agrees to post in conspicuous places, available to employees and applicants for (8) As used in this clause: employment, notices in a form to be prescribed by the Director, provided by or through the contracting a. "All suitable employment openings"includes, but is officer. Such notices shall state the Contractor's not limited to,openings which occur in the following obligation under the law to take affirmative action to job categories: production and non-production; plant employ and advance in employment qualified and office; laborers and mechanics;supervisory and disabled veterans and veterans of the Vietnam Era non-supervisory;technical; and executive, for employment, and the rights of applicants and administrative and professional openings as are employees. compensated on a salary basis of less than$25,000 per year. The term includes full-time employment, (12) The Contractor will notify each labor union or temporary employment of more than three(3)days representative of workers with which it has a duration, and part-time employment. It does not collective bargaining agreement or other contract include openings which the Contractor proposes to understanding, that the Contractor is bound by the fill from within his own organization or to fill pursuant terms of the Vietnam Era Veterans' Readjustment to a customary and traditional employer-union Assistance Act, and is committed to take affirmative hiring arrangement nor openings in an educational action to employ and advance in employment institution which are restricted to students of that qualified disabled veterans and veterans of the institution. Under most compelling circumstances Vietnam Era. an employment opening may not be suitable for listing, including such situations where the needs of (13) The Contractor will include the provisions of this the Government cannot reasonably be otherwise clause in every subcontract or purchase order of supplied,where listing would be contrary to national $10,000 or more unless exempted by rules, security, or where the requirement of listing would regulations or orders of the Secretary issued otherwise not be for the best interest of the pursuant to the Act, so that such provisions will be Government. binding upon each subcontractor or vendor. The b."Appropriate office of the-State employment service Contractor will take such action with respect to any system"means the local office of the Federal-State subcontract or purchase order as the Director of the national system of public employment offices with Office of Federal Contract Compliance Programs assigned responsibility for serving the area where may direct to enforce such provisions, including the employment opening is to be filled, including the action for noncompliance. District of Colombia, Guam, Puerto Rico and the Virgin Islands. (14) Collective bargaining agreement or other contract understanding, that the Contractor is bound by the c. "Openings which the Contractor proposes to fill from terms of the Vietnam Era Veterans' Readjustment within his own organization"means employment Assistance Act, and is committed to take affirmative openings for which no consideration will be given to action to employ and advance in employment persons outside the Contractor's organization qualified disabled veterans and veterans of the (including any affiliates,subsidiaries and the parent Vietnam Era. companies)and includes any openings which the Contractor proposes to fill from regularly established (15) The Contractor will include the provisions of this "recall"lists. clause in every subcontract or purchase order of $10,000 or more unless exempted by rules, d. "Openings which the Contractor proposes to fill regulations or orders of the Secretary issued pursuant to a customary and traditional employer- pursuant to the Act, so that such provisions will be union hiring arrangement"means employment binding upon each subcontractor or vendor. The openings which the Contractor proposes to fill from Contractor will take such action with respect to any union halls,which is part of the customary and subcontract or purchase order as the Director of the traditional hiring relationship which exists between Office of Federal Contract Compliance Programs the Contractor and representatives of his may direct to enforce such provisions, including employees. action for noncompliance Page 3 of 8 Page 22 of 42 The applicant further agrees that it will refrain from independently operated corporate affiliates, shall be entering into any contract or contract modification listed at an appropriate local office of the State subject to Executive Order 1124 of September 24, employment service system wherein the opening 1965,with a contractor debarred from,or who has occurs. The Contractor further agrees to provide not demonstrated eligibility for Government such reports to such local office regarding contracts and federally assisted construction employment openings and hires as may be contracts pursuant.to the Executive Order and will required. carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed (3) Listings of employment openings with the upon contractors and subcontractors by the employment service system pursuant to this clause administering agency or the Secretary of Labor shall be made at least concurrently with the use of pursuant to Part II,Subpart D of the Executive any other recruitment source or effort and shall Order. In addition,the applicant agrees that if it fails involve the normal obligations which attach to the or refuses to comply with these undertakings,the placing of a bona fide job order, including the administering agency may take any or all of the acceptance of referrals of veterans and non- following actions: Cancel,terminate, or suspend in veterans. The listing of employment openings does whole or in part this grant(contract, loan, insurance, not require the hiring of any particular job applicant guarantee), refrain from extending any further or from any particular group of job applicants, and assistance to the applicant under the program with nothing herein is intended to relieve the Contractor respect to which the failure or refund occurred until from any requirements in Executive Orders or satisfactory assurances of future compliance has regulations regarding nondiscrimination in been received from such applicant, and refer the employment. case to the Department of Justice for appropriate legal proceedings. (4) The reports required by paragraph (2)of this clause shall include, but not be limited to, periodic reports In addition to the above, Contractor will agree to which shall be filed at least quarterly with the furnish all information and reports, including appropriate local office or,where the Contractor has Standard form EEO-1, if applicable,to the U.S. more than one hiring location in a State, with the Equal Employment Opportunity Commission central office of that State employment service. (EEOC)and the U.S. Department of Labor's Such reports shall indicate for each hiring location, OFCCP, as required by Executive Order No. 11246 (a) the number of individuals hired during the of September 24, 1965. reporting period, (b) the number of non-disabled veterans of the Vietnam Era hired, (c)the number of EQUAL OPPORTUNITY CLAUSE FOR disabled veterans of the Vietnam Era hired, and(d) SPECIAL DISABLED VETERANS the total number of disable veterans hired. The reports shall include covered veterans hired for on- AND-VETERANS OF THE VIETNAM ERA the-job training under 38 USC Sec. 17.87. The Contractor shall submit a report within thirty (30) This clause is inserted pursuant to Executive Order 11701 of days after the end of each reporting period wherein January 24, 1973 and the Vietnam Era Veterans any performance is made on this contract identifying Readjustment Assistance Acts of 1972 and 1974(P.L. 92- data for each hiring location. The Contractor shall 540,93-508), and is applicable pursuant to 41 CFR Sec.60- maintain at each hiring location, copies of the 250. reports submitted until the_expiration of one year _ after final payment under the contract, during which (1) The Contractor will not discriminate against any time these reports and related documentation shall employee or applicant for employment because he be made available, upon request, for examination by or she is a disabled veteran or veteran of the any authorized representatives of the contracting Vietnam Era in regard to any position for which the officer or of the Secretary of Labor. Documentation employee or applicant for employment is qualified. would include personnel records respecting job The Contractor agrees to take affirmative action to openings, recruitment and placement. employ, advance in employment and otherwise treat qualified disabled veterans and veterans of the (5) Whenever the Contractor becomes contractually Vietnam Era without discrimination based upon their bound to the listing provisions of this clause, it shall disability or veterans status in all employment advise the employment service system in each -Dractices such as the following: employment, State where it has establishments of the name and upgrading, demotion or transfer, recruitment, location of each hiring location in the State. As long advertising, layoff or termination, rates of pay or as the Contractor is contractually bound to these other forms of compensation, and selection for provisions and has so advised the State system, training, including apprenticeship. there is no need to advise the State system of subsequent contracts. The Contractor may advise (2) The Contractor agrees that all suitable employment the State system when it is no longer bound by this openings of the Contractor which exist at the time of contract clause. the execution of this contract and those which occur during the performance of this contract, including (6) This clause does not apply to the listing of those not generated by this contract and including employment openings,which occur and are filled those occurring at an establishment of the outside of the 50 States,the District of Columbia, Contractor other than the one wherein the contract Puerto Rico, Guam and the Virgin Islands. is being performed but excluding those of Page 2 of 8 Page 21 of 42 • EQUAL OPPORTUNITY CLAUSES Secretary of Labor, pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and Secretary of Labor for The contractor and subcontractors not found purposes of investigation to ascertain compliance with exempt under 41 CFR 60-1.5, are required to such rules, regulations, and orders comply with the following equal opportunity clauses as a condition of being awarded a (6) In the event of the Contractor's noncompliance with federally-assisted contract. Each nonexempt the nondiscrimination clauses of this contract or with prime contractor shall include equal employment any of such rules, regulations or orders, this contract opportunity clauses in each of its nonexempt may be canceled, terminated or suspended in whole subcontractors. or in part, and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive EQUAL OPPORTUNITY CLAUSE FOR Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as FEDERALLY-ASSISTED CONSTRUCTION provided in Executive Order 11246 of September 24, CONTRACTS 1965, or by rule, regulation or order of the Secretary of Labor,or as otherwise provided by law. This clause is inserted pursuant to Executive Order 11246 of (7) The Contractor will include the provisions of September 24, 1965, as amended, and Title VII of the Civil paragraphs (1) through (7) in every subcontract or Rights Act of 1964,and is applicable pursuant to 41 C.F.R. purchase order unless exempted by rules, regulations Sec. 60-1.4.The following requirements apply to contractors or orders of the Secretary of Labor issued pursuant to and subcontractors Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon (1) The Contractor will not discriminate against any each subcontractor or vendor. The Contractor will employee or applicant for employment because of take such action with respect to any subcontract or race, color, religion, sex, or national origin. The purchase order as the contracting agency may direct Contractor will take affirmative action to ensure that as a means of enforcing such provisions, including applicants are employed, and that employees are sanctions for noncompliance: Provided, however, that treated during employment without regard to their in the event the Contractor becomes involved in, or is race, color, religion, sex, national origin. Such action threatened with, litigation with a subcontractor or shall include, but not be limited to the following: vendor as a result of such direction by the contracting Employment, upgrading, demotion, or transfer; agency, the Contractor may request the United States recruitment__ or _recruitment_ advertising; layoff or to enter into such litigation to protect the interests of termination; rates of pay or other forms of the United states. compensation; and selection for training, including apprenticeship. The Contractor agrees to post in The applicant further agrees that it will be bound by ._conspicuous places, available to employees and the above equal opportunity clause with respect to its applicants for employment, notices to be provided by own employment practices when it participates in the contracting officer setting forth the provisions of federally assisted construction work; provided,that if this nondiscrimination clause. the applicant so participating is a State or local government,the above equal opportunity clause is not (2) The Contractor will, in all solicitations or applicable to any agency, instrumentality or advertisements for employees placed by or on behalf subdivision of such government which does not of the Contractor, state that all qualified applicants will participate in work on or under the contract. receive consideration for employment without regard to race,color, religion,sex,or national origin. The applicant agrees that it will assist and cooperate actively with the administering agency and the (3) The Contractor will send to each labor union or Secretary of Labor in obtaining the compliance of representative of workers with which he has a contractors and subcontractors with the equal collective bargaining agreement or other contract or opportunity clause and the rules, regulations, and understanding, a notice to be provided by the agency relevant orders of the Secretary of Labor,that it will contracting officer, advising the labor union or furnish the administering agency and the Secretary of workers' representative of the Contractor's Labor in obtaining the compliance of contractors and commitments under Section 202 of Executive Order subcontractors with the equal opportunity clause 11246 of September 24, 1965, and shall post copies and the rules, regulations, and relevant orders of the of the notice in conspicuous places available to Secretary of Labor, that it will furnish the administering employees and applicants for employment. agency and the Secretary of Labor such information as they may require for the supervision of such (4) The contractor will comply with all provisions of compliance, and that it will otherwise assist the Executive Order 11246 of September 24, 1965. and administering agency in the discharge of the agency's of the rules, regulations, and relevant orders of the primary responsibility for securing compliance. Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations and orders of the Page 1 of 8 Page 20 of 42 T. Violation and Appeal Procedure. identified herein. Such compliance is required to the extent such laws, programs and their regulations are, by 1. A contractor found in violation of equal their own terms, applicable to this contract. Contractor opportunity/ affirmative action laws will shall be warrants that he will make himself thoroughly familiar referred to the U.S. Department of Labors with the applicable provisions of said laws, programs, OFCCP Division, and the Solicitor for Labor, and regulations prior to commencing performance of the Associate Solicitor of Labor Relations and Civil contract. Copies of said laws, programs, and regulations Rights Regional Solicitors and Regional Attorney are available upon request from the implementing are authorized to institute enforcement entity's Contract Compliance Officer, or from the U.S. proceedings by filing a compliant and serving that Department of Labor's OFCCP Officer to the extent compliant to the contractor (defendant), in applicable the provisions of said laws programs and accordance with procedures set forth in 41 CFR regulations are deemed to be a part of this contract as if 60-30.5. The complaint shall contain information fully set forth herein. on the alleged violation, a prayer regarding the relief being sought, and the name and address of 2. Vietnam Era Veterans' Readjustment Assistance Acts of the attorney representing the Government. Within 1972 and 1974, as amended. Pub. L. 92-540, Title V, 20 days after receiving the complaint, the Sec 503(a), Pub. L 93-508. Title IV, Sec. 402. (38 defendant shall file an answer with the Chief USCA 2011-2013). Administrative Law Judge, if the case has not been assigned to an Administrative Law judge. 3. Rehabilitation act of 1973, as amended (Handicapped) Pub. 193-112 as amended. (29 USCA 701-794). 2. The answer shall contain a statement of the facts, which constitute the ground of defense, and shall: 4. California Fair Employment Practice Act. Labor Code 1) specifically admit, explain, or deny, each of the Sec. 1410 et seq. allegations of the complaint unless the defendant is without knowledge, or 2) state that the 5 Civil Rights Act of 1964, as amended (42 USCA 2000a defendant admits all the allegations contained in to 2000H-6) and Executive Order No. 11246, September the complaint. The answer may contain a waiver 24, 1965, as amended. for a hearing and if not, a separate paragraph in the answer shall request a hearing. The answer shall contain the name and address of the defendant, or of the attorney representing the defendant. Failure to file an answer or plead specifically to an allegation of the complaint shall — - - constitute an admission of such allegation. 1. Contractor agrees to fully comply with the laws and programs(including regulations issued pursuant thereto) Page 4 of 4 Page 19 of 42 i i 'i Y L. "Handicapped Status"means any person who: DEFINITIONS 1. Has a physical or mental impairment, which substantially limits one or more of such person's Unless a provision of a contract otherwise requires, major life activities. certain words and phrases shall be defined as follows: 2. Has a record or such impairment or, A. "Affirmative Action" is a commitment to increase the number of minorities and women in the work force by 3. Is generally regarded as having such an setting employment goals and timetables, including impairment. action to achieve objectives. Affirmative Action seeks to ensure that discrimination is eliminated in M. "Implementing Entity" means public jurisdiction who is dealings with employees or applicants for administering the contract. employment whether the discrimination is intentional or unintentional. In addition,Affirmative Action seeks N. "Minority"includes: to improve job standards and productivity through the removal of artificial and unnecessary barriers to 1. Black (all persons having origins in any Black employment and promotion and ensure that all job African racial groups not of Hispanic origin); actions are related to job performance measures. B. "Affirmative Action Plan" is a written affirmative plan 2. Hispanic (all persons of Mexican, Puerto Rican, required of contractors and subcontractors who have Cuban, Central or South American or other 50 or more employees and have entered into a Spanish Culture or origin, regardless of race); contract with the implementing entity that exceeds $50,000, or $50,000 in contracts over a 12-month 3. Asian or Pacific Islander (all persons having period. origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent or C. "Contract" means a federally-assisted purchase order, the Pacific Islands), offer and acceptance, lease, agreement or other arrangement creating an obligation to which the 4. American India or Alaskan native (all persons implementing entity is a party,which would make one having origins in any of the native peoples of North of the parties within the definition a contractor. America and maintaining identifiable tribal affiliations through membership and participation It D. "Construction" means the construction, rehabilitation, in community identification). alteration, conversion, extension, demolition or repair of buildings, highways or other changes or O. _"Non-construction Contract" means any contract that improvements to real property, including facilities does not fall within the definition of "Construction providing utility services. Contract". E. "Contractor" means a prime contractor or P. "Officer"_ means the Contract Compliance Officer of subcontractor. the implementing entity or U.S. Department of Labor Office of Federal Contract Compliance Program F. "Covered Area" means the geographical area (OFCCP)Officer. described in the solicitation from which the contract resulted; Q. "Persons" means any individual, firm, co-partnership, public service, joint venture, association, social club, G. "Director" means Director, OFCCP, U.S> Dept. of fraternal organization, corporation, estate, trust Labor, or any person to whom the Director delegates receiver, syndicate CITY, county, municipal authority to; corporation, district or other political subdivision, or any other group or combination acting as a unit. H. "Employee" means one who performs work for compensation, or a person who is permanently or R. "Underutilization" means having fewer minorities or regularly employed by the contractor or subcontractor. women in a particular job classification than would reasonably be expected by their availability. I. "Employer Identification Number' means the Federal Social Security Number; S. "Vietnam-Era Veteran" means a person who: J. "Handicapped Status"means any person who: 1. Served on actual duty for a period of more than 1. Has a physical or mental impairment, which 180 days, any part of which occurred between substantially limits one or more of such person's August 5, 1964, and May 7, 1975, and was major life activities. discharged or released therefrom with other than a dishonorable discharge;or 2. Has a record or such impairment or, 2. Was discharged or released from active duty for a 3. Is generally regarded as having such an service - connected disability if any part of such impairment. active duty was performed between August 5, 1964,and May 7, 1975. K. "Employer Identification Number" means the Federal Social Security Number; Page 3 of 4 Page 18 of 42 AFFIRMATIVE ACTION COMPLIANCE 2. The implementing entity is committed to insuring GUIDELINES FOR that there be no discrimination by vendors, CONSTRUCTION AND NON- contractors (including professional services and consultants), lessors, or lessees doing business CONSTRUCTION CONTRACTORS with the implementing entity. These Affirmative Action Compliance Guidelines have been 3. Contractors and subcontractors agree to take designed to provide contractors with information necessary to affirmative personnel actions to hire and promote comply with Federal regulations found under Title 40, Part 60 workers who traditionally have been discriminated of the Code of Federal Regulations . It is the intent of these against in the job market, including women, guidelines to insure that equal opportunity for employment is minorities, members of certain ethnic and practiced by the contractor without regard to race, color, sex, religious groups, individuals with disabilities, and religion, national origin,disability, and veteran's status. veterans. These guidelines provide the minimum information necessary to comply with EEO and affirmative action requirements, B. Affirmative Action Step Requirements for including the preparation of an Affirmative Action Plan that CONSTRUCTION Contractors and Subcontractors: complies with Federal regulations regarding Affirmative 1. Personnel affirmative action in recruitment, hiring, Action for federally-assisted projects. Contractors are urged and promotion is required by contractor and to contact the implementing entity or the U.S. Department of subcontractors who have entered into a federally- Labor's Office of Federal Contract Compliance Programs assisted construction or non-construction contract (OFCCP)officer for any necessary technical assistance in that exceed $10,000 or $10,000 in the aggregate meeting Affirmative Action requirements if they are over a 12-month period. considering bidding under this contract. I. AFFIRMATIVE ACTION COMPLIANCE PROGRAM 2. Contractors and subcontractors who enter into a CONSTRUCTION CONTRACT in excess of , A. The Affirmative Action program embodies the $10,000 must take 16 specific affirmative action following principals steps to ensure equal employment opportunity. These steps are included in 41 CFR 60-4.3(a)(7) 1. Discrimination because of race, color, age, sex, and are also included under"Standard Federal religion, national origin, marital status, disability, Equal Employment Opportunity Construction or veteran's status is inconsistent with the Contract Specifications"of Attachment"D"of the constitution, laws, and policies of the United bid package. States, State of California and County of San Bernardino. C. Affirmative Action Plan requirements for 6. Specific contracts and facilities found NONCONSTRUCTION Contractors: exempt by 7. Deputy Assistant Secretary 1. All contractors who have entered into a 8 National security contracts NONCONSTRUCTION CONTRACT and who: 1) do business in the amount of $50,000 or more Any contractor who feels qualified for an exemption with the implementing entity in any one fiscal year should contact the local Contract Compliance Officer and,2)employ fifty(50)or more employees, must or the U.S. Department of Labor's OFCCP Officer for develop a written Affirmative Action Program further information. within 120 days after the contract award date. II. SATISFYING AFFIRMATIVE ACTION PLAN 2. All subcontractors rendering services or supplies to a contractor in the amount of $50,000.00 or A. Affirmative Action Plan requirements for more and employ fifty (50) or more employees, NONCONSTRUCTION contractors can be met must develop a written Affirmative Action through the following: Program within 120 days after the contract award date. 1. Completing a Contract Compliance Qualifying Report for Non-construction Contractors and D. Exemptions under 41 CFR 60: Vendors, (refer to the form found in the"Additional The following persons/contracts shall be exempt from Required Documents/ Sample Documents" section of Attachment"D"of the bid package). this program: 2. Completing a contractor's Affirmative Action 1. A contract or contracts by a contractor that Policy, including methods of recruiting minorities do not exceed$10,000 in the aggregate over a and women. If the contractor does not have its 12-month period. own Affirmative Action Policy, it may adopt the 2. Contracts for Work outside the United County's model Affirmative Action Policy ((refer to the form found in the "Additional Required States Documents/ Sample Documents" section of 1 State and Local Governments Attachment"D"of the bid package). 4. Contracts with certain educational 3. Following Federal Affirmative Action Plan institutions guidelines which comply with the requirements of 5. Work on or near Indian Reservations 41 CFR 60.2.10 Page 2 of 4 Page 17 of 42 ADDITIONAL REQUIRED DOCUMENTS __AND SAMPLE DOCUMENTS 'Complete if person other than owner is signing certified payroll/compliance documentation. CERTIFICATION OF UNDERSTANDING AND AUTHORIZATION PROJECT NAME: PROJECT NUMBER: This is to certify that the principals and the authorized payroll officer, below, have read and understand the Minutes of the Pre-construction Conference and the labor standa rds clauses pertaining to the subject project. The following person(s) is designated as the pay roll officer for the undersigned and is authoriz ed to sign the Statement of Compliance, which will accompany our weekly, certified payroll reports for this project: Payroll Officer (Name) Payroll Officer (Signature) (Contractor/Subcontractor) by (Signature) (Title) (Date) (Contractor/Subcontractor License No.) Page 30 of 42 . °�. k o CL E © / \ L k � ■ E 2 o / a / co 75 E\ k E % c e / z \/ cm 0 ¥ [ w n & o w g o 22 ® z \ c E ® 6 @ 2 w 2 ° § -0 » / .j R @ ° CD co \ u [ � 2 � . o rn W6 > m p % g O ƒ L 3 � u ® Z E 2 ui k CL © £ E E b k c E c c k B / m ƒ / / � k k k U) » $ ƒ / n / E > % § 2 § 2 § / § » « 2 0 3 E — @ c — @ c � ' o @ 02 of g £ o 0 2 2 @ £ 2 - m a : = m £ » ■ _ — m � w @ _ E o U \ / •[ a) E k E k / § U L w U L 3 a_ > « 2 » # I L > 4 O U C Y W Z 3¢0 a ajz 47 00 OF W F Eg O $ m ¢ x O 2 Q O ¢ N Z c O U mU O O U O r�if W O ¢ n (7 30� x U O LL p C p O a y W O y a a N U) m m N c c o o W x Q o � O o w N Z L a Y O a O � O 3 N C j O O U = O LL O h ±0 - O O O h O N O m O Ya Ou z z° g Y 3 ¢ O ¢ o nZO3w a a U z 0 7 O co m ¢ a � w LLD ¢ ajW O Z Z O QO ¢ m=W Z wV1 w�0 205 < �aja f-20 ¢ Sww CM o i Lco W LL z U O O z W Q N D3� Z a _ Department of Labor Form AP v-d. Wage and Hour Division Bu�elaxasu No.4Ht,091 STATEMENT OF COMPLIANCE Date 1, ,do hereby state: (Name of signatory party) (Title) (1) That I pay or supervise the payment of the persons employed by(Contractor or Subcontractor) on the (Project) ,that during the payroll period commencing on the day of ,2 and ending on the day of 2 ,all persons employed on said project have been paid the full weekly wages earned;that no rebates have been or will be made either directly or indirectly to or on behalf of said from the full weekly wages earned by any person;and(Contractor or Subcontractor) that no deductions have been made either directly or indirectly from the full wages earned by any person,other than permissible deductions as defined in Regulations,Part 3(29 CFR Subtitle A),issued by the Secretary of Labor under the Copeland Act,as amended(48 Stat.948;63 Stat. 108;72 Stat. 967;76 Stat.357;40 U.S.C.276c),and described below: (2) That any payrolls otherwise under this contract required to be submitted for the above period are correct and complete;that the wage rates for laborers or mechanics contained therein are not less than the applicable wage rates contained in any wage determination incorporated into the contract,that the classifications set forth therein for each laborer or mechanic confirm with the work performed. (3) That any apprentices employed in the above period are duly registered in a bona fide apprenticeship program registered with a State apprenticeship agency recognized by the Bureau of Apprenticeship and Training, United States Department of Labor, or if no such recognized agency exists in a State,are registered with the Bureau of Apprenticeship and Training,United States Department of Labor. (4) That: (a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS,FUNDS,OR PROGRAMS ❑ In addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced payroll payments of fringe benefits as listed in the contract have been or will be made to appropriate programs for the benefit of such employees,except as noted in Section 4(c)below. (b) WHERE FRINGE BENEFITS ARE PAID IN CASH ❑ Each laborer or mechanic listed in the above referenced payroll has been paid as indicated on the payroll,an amount not less than the sum of the applicable basic hourly wage rate plus the amount of the required fringe benefits as listed in the contract,except as noted in Section 4(c)below. (c) EXCEPTIONS EXCEPTIONS CRAFT Remarks Name and Title Signature The willful falsification of any of the above statements may subject the contractor or subcontractor to civil or criminal prosecution- See Section 1001 of Title 18 and Section 231 of Title 31 of the Unites States Code. Form WH-348(1/68)Pachase this form Arecty from the SuM of Dooaner fs Page 33 of 42 INSTRUCTIONS FOR PREPARATION OF STATEMENT OF COMPLIANCE This statement of compliance meets needs resulting from the amendment of the Davis-Bacon Act to include fringe benefits provisions. Under this amended law, the contractor is required to pay fringe benefits as predetermined by the Department of Labor, in addition to payment of minimum rates. The contractor's obligation to pay fringe benefits may be met by payment of the fringes to the various plans, funds, or programs, or by making these payments to the employees as cash in lieu of fringes. The contractor should show on the face of his payroll all monies paid to the em ployees whether as basic rates or as cash in lieu of fringes. The contractor shall represent in the statement of compliance that he is paving to others fringes required by the contract and not paid as cash in I ieu of fringes. Detailed instructions follow: Contractors who pay all required fringe benefits: A contractor who pays fringe benefits to approved plans, funds, or programs in amounts not less than were determined in the applicable wage decision of the Secretary of Labor shall continue to show on the face of his payroll the basic cash hourly rate and overtime rate paid to his employees,just as he has always done. Such a contractor shall check paragraph 4(a) of the statement to indicate that he is also paying to approved plans, funds, or programs not less than the amount predetermined as fringe benefits for each craft. Any exception shall be noted in Section 4(c). Contractors who pay no fringe benefits: A contractor who pays no fringe benefits shall pay to the employee and insert in the straight time hourly rate column of his payroll an amount not less than the predetermined rate for each classification plus the amount of fringe benefits determined for each classification in the applicable wage decision. Inasmuch as it is not necessary to pay time and a half on cash paid in lieu of fringes, the overtime rate shall be not less than the sum of the basic predetermined rate, plus the half-time premium on the basic or regular rate plus the required cash in lieu of fringes at the straight time rate. To simplify computation of overtime, it is suggested that the straight time basic rate and cash in lieu of fringes be separately stated in the hourly rate column. In addition, the contractor shall check paragraph 4(b) of the statement to indicate that he is paying fringe benefits in cash directly to his employees. Any exceptions shall be noted in Section 4(c). Use of Section 4(c) Exceptions Any contractor who is making payment to approved plans, funds, or programs in amounts less than the wage determination requires is obliged to pay the deficiency directly to the employees as cash in lieu of fringes. Any exceptions to Section 4(a) or 4(b), whichever the contractor may check, shall be entered in Section 4(c). Enter in the Exception column the craft, and enter in the Explanation column the hourly amount paid the employees as cash in lieu of fringes, and the hourly amount paid to plans, funds, or programs as fringes. Page 34 of 42 SAMPLE - AFFIRMATIVE ACTION PLAN 1 - INSTRUCTIONS FOR COMPLETING CONTRACT COMPLIANCE QUALIFYING REPORT construction of highways,buildings,and other facilities;unskilled I. JOB CATEGORY worker who brings materials to,and does preparation work for, Data is to be completed for all listed job categories of employees. skilled workers in a trade. Definitions: Administrators: Occupations which require that employees set Service Workers: Occupations in which workers perform duties which result in or contribute to the comfort,convenience, broad policies,exercise overall responsibility for execution of upkeep and care of buildings,facilities or grounds of public these policies,direct individual departments or a special phase property. Workers in this category may operate machinery. of the contractor's operations,or provide specialized consultation on a regional,district or area basis. Includes: chauffeurs,laundry and dry cleaning operators,truck Includes:directors,deputy directors,department heads drivers,bus drivers,garage laborers,custodial persons, controllers,foremen supervisors,inspectors,and kindred gardeners and groundskeepers,refuse collectors,construction laborers. workers. Professional: Occupations which require specialized and II. CURRENT WORK FORCE theoretical knowledge which is usually acquired through college This category is to establish the contractors employee training or through work experience and other training which status. provides comparable knowledge. A. Total number of employees: The contractor is to fill out the Includes:personnel and labor relations workers,social workers. total number of persons currently employed in each job doctors psychologists,registered nurses,economists,dietitians, category. lawyers,system analysis,accountants,engineers,employment and vocational rehabilitation counselors,teachers or instructors. B Black: The contractor is to place the current number of and kindred workers. Black employees in each box in this column for each job Technical: Occupations which require a combination of basic category. scientific or technical knowledge and manual skill which can be C. Hispanic: The contractor is to place the current number of obtained through specialized post-secondary school education or employees of Hispanic origin in each box in this column for through equivalent on-the-job training. each job category. Includes: computer programmers and operators,draftsmen, p Asian or Pacific Islanders: The contractor is to place surveyors,licensed practical nurses,photographers,radio current number of employees of Asian or Pacific Island operators,technical illustrators,highway technicians,technicians on in t each box in this column for each job category. (medical,dental,electronic,physical sciences),assessors, g inspectors,and kindred workers. E. American Indian or Alaskan Native: The contractor is to Sales: Occupations in which the act of selling takes place: place the current number of American Indian or Alaskan exchange of property of any kind,or of services for an agreed Native employees in each box in this column for each job category. sum of money or other valuable consideration. One employed as a traveling agent or representative to sell goods or services. F. Total Minority: The number to be placed in each box in the Office and Clerical: Occupations in which workers are column can be reached by adding the current number of Black, Hispanic, Asian, Pacific Islander, American Indian, responsible for internal and external communication,recording and Alaskan Native employees written in the four previous and retrieval of data and/or information and other paperwork columns. required in an office. Includes:bookkeepers,secretaries,office machine operators, G. Total Females: I each box in this column the contractor clerk typists,stenographers,statistical clerks,dispatchers, shall place the tot al number of white and minority females payroll clerks,messengers,and kindred workers. employed in each job category. Skilled: Occupations in which workers perform jobs which III. UNDERUTILIZATION require special manual skill,a thorough and comprehensive To establish whether under-utilization exists,a contractor must knowledge of the processes involved in the work which is determine whether the"total minority"percentages and"total acquired through on-the-job training,experience,through female percentages'in each job classification are lower than apprenticeship or'other formal training programs. would reasonably be expected by their availability. Includes: mechanics and repairmen,electricians,heavy After making this comparison,the contractor should place a equipment operators,stationary engineers,skilled machinist check mark in the box that applies('yes'or"no")for each occupations,carpenters,and compositors and typesetters,and category. kindred workers. IV. ANTICIPATED HIRING Operative(Semiskilled): Occupations in which workers are The contractor should state the number of employees the partly skilled,or doing manual work that requires only limited contractor plans to hire both as additional employees and training,experience or knowledge. replacements for each job category. Laborers(Unskilled): Occupations in which a worker performs a variety of manual work in the maintenance,repair or Page 35 of 42 ° Q " a0 - Q UC�LL X00 LL Z Z� CL 0. C�C04 aci ° iaQ�O: aci m Q�w °c EdE O ° F v0- j d 0 C E z0 J z W W ° tJ LL } W o o A o o c a m 3 a o CL d D O z D O A n' O Z> 0. � W°A t ma C C� L rL= Q 'E o m .c - y c ° A L A E c ' 0 3 c r � . 3 c t v w C, s = �a.E °'� c� on W \J O C J .L... •G Loo rC R v G L d A m eEtl O. p 'C y O U - Z Z >, � U ttl m u= r c3� v A m cc Ec .E c iO `c ti m O •° L cci Q caz y L c c ^ y U y U b ^ V U tE J m o m IS b o °•.- o o E Q a c 9'o a m o o 0 a `° W N U o a R U E U U A o U U� 0 w Q fn c p O m w U m CD } _ C.) d CL m a CL s E E r=Y� QZ € 3 3 ma:Z J t o G x x Z <E d c o 0 0 A o Z < c O W LJ m3c C y A a 7t Q Q U V Q d W a E tO C = y E c C U m L O r c m LL ° LL ° E W w LL N w 0 U to < W w LL J ¢ A O W O c c Y J w Q o > r 3 W (n E ° " O ° c b m c J Z Q FO L y fc0 �• •� EEj �'JE C •C r0 w y °' N of rail J o z W ? o s� a� ` U Q v z� m L O� Y m W M a m a O ¢ a � CO) L) U) ON ton SAMPLE - AFFIRMATIVE ACTION PLAN PART 2 - AFFIRMATIVE ACTION POLICY FOR CONTRACTORS, SUBCONTRACTORS AND VENDORS Name of Contractor, Subcontractor or Vendor Adopts this plan to affirm its support of a program of equal employment opportunity, and to assure compliance with Executive Orders 11246 and 11375, Titl e VII of the Civil Rights Act of 1964, Section 503 of the Rehabilitation Act of 1973; the California Fair Employment Practice Act, and the im plementing entity's Affirmative Action Compliance Program. This contractor (or Subcontractor or Vendor) agrees to assert leadership within the community and to put forth good faith efforts to achieve full employment and utilization of the capabilities and the productivity of all our citizens without regard to race, age, color, sex, religion, ancestry, national origin, marital status, or handicap. This contractor (or Subcontractor or Vendor) further recognizes that the effective application of a policy of equal employment opportunity involves more than just a policy statement and will, therefore, undertake affirmative action to make known that equal opportunities are available on the basis of individual merit, and to encourage advancement on this basis. The following Affirmative Action Program is hereby established as the policy and practices of our company: INSTRUCTIONS: Please answer each question by marking an "X" beside "A", °B", or "C". If °C" is marked, explain reason; use a separate sheet if additional space is needed. 1. Our company shall recruit and hire all employees without regard to race, age, color, sex, religion, ancestry, national origin, marital status or handicap, and will treat all employees equally in respect to compensation and opportunities for advancement, including upgrading and promotion. ❑A. This is now a practice of our Company. ❑ B. Our Company will adopt this policy. ❑ C. Our Company-cannot-or will not adopt this policy. - Explain °C" 2. Our company will actively use recruitment sources such as employment agencies, unions, and schools that have a policy of referring applicants on a nondiscriminatory basis. ❑A. This is now a practice of our Company. ❑ B. Our Company will adopt this policy. ❑ C. Our Company cannot or will not adopt this policy. Explain -C- 3. Our company will disseminate its affirmative action policy externally by informing and discussing it with all recruitment sources, by advertising in news media, specifically including minority news media, and by notifying and discussing policy with all local minority, handicapped and women's organizations and subcontractors and shall maintain records of the organizations responses. ❑ A. This is now a practice of our Company. ❑ B. Our Company will adopt this policy. ❑ C. Our Company cannot or will not adopt this policy. Explain "C" Page 37 of 42 SAMPLE - AFFIRMATIVE ACTION PLAN PART 2- r AFFIRMATIVE ACTION POLICY FOR CONTRACTORS, SUBCONTRACTORS AND VENDORS (Continued) Our company shall make specific and constant personal, written, and oral recruitment efforts directed at all local minority, handicapped and women's organizations, including schools, recruitment and training organizations. ❑A. This is now a practice of our Company. ❑ B. Our Company will adopt this policy. ❑ C. Our Company cannot or will not adopt this policy. Explain "C" 5. Our company shall make specific efforts to encourage present minority, handicapped and women employees to recruit their friends and relatives who status also comes under that of minority, handicapped or women. ❑ A. This is now a practice of our Company. ❑ B. Our Company will adopt this policy. ❑ C. Our Company cannot or will not adopt this policy. Explain "C" 6. Our company will maintain a file of the names and addresses of each minority applicant and female applicant referred to the company for hiring, and if the applicant is not considered for employment or was not employed, the company's file should document this and the reason therefore. ❑ A. This is now a practice of our Company. ❑ B. Our Company will adopt this policy. ❑ C. Our Company cannot or will not adopt this policy. Explain °C" 7. Our company shall notify the implementing entity Contract Compliance Officer when the union or unions with whom our company has a collective bargaining agreement have not referred to the company a minority, handicapped, or female worker sent for by the company or the company has other information that the union referral process has impeded the company's effort to meet the established goals of affirmative action. ❑ A. This is now a practice of our Company. ❑ B. Our Company will adopt this policy. ❑ C. Our Company cannot or will not adopt this policy. Explain `C" 8. Our company will actively take steps to integrate any positions, departments or plant location which have no women or minorities or are almost staffed with one particular group. ❑ A. This is now a practice of our Company. ❑ B. Our Company will adopt this policy. ❑ C. Our Company cannot or will not adopt this policy. Explain "C" 9. Our company shall insure that all employee specifications, selection requirements, tests, and other employee recruitment or evaluation procedures do not discriminate against minorities, handicapped, or women. ❑ A. This is now a practice of our Company. ❑ B. Our Company will adopt this policy. ❑ C. Our Company cannot or will not adopt this policy. Explain `C Page 38 of 42 SAMPLE - AFFIRMATIVE ACTION PLAN PART 2 - AFFIRMATIVE ACTION POLICY FOR CONTRACTORS,,SUBCONTRACTORS AND VENDORS (Continued) F 10. Where reasonable, our company shall develop or finance on-the-job training opportunities and participate and -assist in any association or employee group training programs relevant to the company's employee needs ❑A. This is now a practice of our Company. ❑ B. Our Company will adopt this policy. ❑ C. Our Company cannot or will not adopt this policy. Explain "C" 11. Our company shall continually inventory and evaluate all minority, handicapped, and female personnel for promotion opportunities and encourage minority and female employees to see such opportunities. ❑ A. This is now a practice of our Company. ❑ B. Our Company will adopt this policy. ❑ C. Our Company cannot or will not adopt this policy. Explain "C" 12. Our company shall make sure that seniority practices, job classifications, rates of pay, and other forms of compensation and other employee practices and classifications do not have an unlawfully discriminatory effect on handicapped, minority or female employees ❑ A. This is now a practice of our Company. ❑ B. Our Company will adopt this policy. ❑ C. Our Company cannot or will not adopt this policy. Explain °C" 13. Our company will make certain that all facilities normally used concurrently by all company activities are non-segregated. ❑A. This is now a practice of our Company. ❑ B. Our Company will adopt this policy. ❑ C. Our Company cannot or will not adopt this policy. Explain°C 14. Our company shall make certain that all subcontractors are in compliance with the Affirmative Action Compliance Plan of the implementing entity, and that all project subcontractors have an approved Affirmative Action Plan. ❑ A. This is now a practice of our Company. ❑ B. Our Company will adopt this policy. ❑ C. Our Company cannot or will not adopt this policy. Explain "C" 15. Our Company shall solicit bids for subcontracts from minority subcontractors and female subcontractors subject to availability. ❑ A. This is now a practice of our Company. ❑ B. Our Company will adopt this policy. ❑ C. Our Company cannot or will not adopt this policy. Explain "C Page 39 of 42 SAMPLE - AFFIRMATIVE ACTION POLICY FOR CONTRACTORS, SUBCONTRACTORS AND VENDORS (Continued) 16. Our company shall make every effort to provide after school, summer and vacation employment to minority youths. ❑A. This is now a practice of our Company. ❑ B. Our Company will adopt this policy. ❑ C. Our Company cannot or will not adopt this policy. Explain "C" 17. Our company shall continually monitor all personnel activities to insure that the implementing entity's Affirmative Action Policy for Contractors and Vendors is carried out. ❑ A. This is now a practice of our Company. ❑ B. Our Company will adopt this policy. ❑ C. Our Company cannot or will not adopt this policy. Explain °C" Date Signature Title Page 40 of 42 Record of U.S.Department of Housing OMB Approval No.2501-0009 Employee Interview and Urban Development (exp.1131/2000) Office of Labor Relations Public reporting burden for this collection of information is estimated to average 15 minutes per response,including the time for reviewing instructions, searching existing data sources,gathering and maintaining the data needed,and completing and review the collection of information. This agency may not collect this information, and yon are not required to complete this form, unless it displays a currently valid OMB control number. The information is collected to ensure compliance with the Davis-Bacon Act by recording interviews with construction workers. The information collected will assist HUD in the conduct of labor standards investigations in case there were falsifying of payroll records in underpayment of wages. The information collection is voluntary. Sensitive Information. The information collected on this form is considered sensitive and is protected by t he Privacy Act. The Privacy Act requires that these records be maintained with appropriate administrative,technical,and physical safeguards to ensure their security and confidentiality. In addition,these records should be protected against any anticipated threats or hazards to their security or integrity which could result in substantial harm,embarrassment,inconvenience,or unfairness to any individual on whom the information is maintained. Project Number Contractor or Subcon tractor(Employer) Project Name 1. Name of Employee 2. Home Address and Zip Code 3a. Last date you worked on project before today 3b. Number of hours worked on project on that date 4. Your hourly pay rate S I 5 Your job classifications)(list all)(continue any answers on a separate sheet if necessary) Apprentice-/ Yes No 6 Your duties 7. Tools or equipment used 8. Paid at lease time and one-half for all hours worked in excess of 40 in a week? Inapplicable Yes No (If overtime premium pay is not required,check"inapplicable") 9. Ever threatened,intimidated,or coerced into giving up any part of pay? Yes No 10. Duties observed by Interviewer Conform to Classification? Yes No 11. Remarks(Continue on a separate sheet if needed) 12. Signature of Interviewer Date of interview Payroll Examination 13. Remarks(Continue on a separate sheet if needed) 14. Signature of Payroll Examiner Date Previous editions are obsolete form HUD-11(5193 Page 41 of 42 CERTIFICATE OF OWNER'S ATTORNEY We, the undersigned, the duly authorized and acting legal representative of do hereby certify as follows: I have examined the attached Contract(s) and surety bonds and the manner of execution thereof, and I am of the opinion that each of the aforesaid agreements has been duly executed by the proper parties thereto acting through their duly authorized representatives; that said representatives have full power and authority to execute said agreements on behalf of the respective parties named thereon; and that the foregoing agreements constitute valid and legally binding obligations upon the parties executing the same in accordance with terms, conditions and provisions thereof. Signed Date Page 42 of 42 Exhibit 4 of 5 COUNTY OF SAN BERNA RDINO DEPARTMENT OF COMMUNITY DEVELOPMENT AND HOUSING Project/Activity Title:Muscoy: Security Cameras and Case#: 215-32103/3038 Door at Delmann Heights Community Center P.O. Contract#: Vendor ID: Subrecipient Name and Address: City of San Bernardino Project Effective: P.O. Box 1318 Month of: Invoice#: San Bernardino,CA 92418 From: To: MONTHLY REPORT OF GRANT EXPENDITURES AND REQUEST FOR REIMBURSEMENT Col. I Col. 2 Col.3 Col. 4 Col. 5 Col. 6 Proj/Case Grant Amount Current Mo. Cumulative Total Grant Acct. No. Reimb. Prior Reimb Cum. Reim b. Balance I CERTIFY THAT, (a) the County of San Bernardino, as grantee of the CDBG, has not previously been billed for the costs covered by this invoice, (b) funds have not been received from the Federal Government or expended for such costs under the terms of the contract agreement or grant pursuant to FMC-74-4 & 24 CFR Part 58; (c) all applicable provisions under the terms of the contract or grant relating to the payment of prevailing salaries and wages have been complied with; and(d) all applicable tax laws are complied with. Prepared By: Approved By: Date: PH.# Audited by: Examined by: I Approved by: Page 1 of 1 i - i EXHIBIT 5 of 5 COUNTY OF SAN BERNARDINO DEPARTMENT OF COMMUNITY DEVELOPMENT AND HOUSING Proiect/Activity Title:Muscoy: Security Cameras and Door at Delmann Case Number: 215-32103/3038 Heights Community Center Name/Address of Contractor Agency: Date of Issue: Boys and Girls Club of San Bernardino 1180 West 91h Street X Original:Beginning San Bernardino,CA 92411 Amendment# INSURANCE INVENTORY WORKERS' COMPENSATION/EMPLOYERS' LIABILITY INSURANCE Name of Insurance Company: Effective Dates: Employer's Liability Limit $ Certificate of Insurance Attached Yes No: On File w/CDH COMPREHENSIVE GENERAL AND AUTOMOBILE LIABILITY INSURANCE Name of Contractor's General Insurance Company: - -- --- - -- - - Limits of Liability Effective Dates: Per Occurrence $ _Additional Insured Endorsement Attached Yes No: OnFile_w/CP_H- Annual Aggregate $ Certificate of Insurance Attached Yes No: On File w/CDH Name of Contractor's Automobile Liability Insurance Company: Limits of Liability Effective Dates: Per Person$ Per Accident$ Damage Liability$ Combined Single Limit$ ERRORS AND OMISSIONS LIABILITY INSURANCE Name of Contractor's Insurance Company: Limits of Liability Effective Dates: Per Occurrence $ Additional Insured Endorsement Attached Yes No: On File w/CDH Annual Aggregate S Certificate of Insurance Attached Yes No: On File w/CDH PROFESSIONAL LIABILITY INSURANCE Name of Contractor's Insurance Company: Limits of Liability Effective Dates: Per Occurrence $ Additional Insured Endorsement Attached Yes No: On File w/CDH Annual Aggregate$ Certificate of Insurance Attached Yes No:On File w/CDH Page 1 of 1 i • SECTION V -GEN-E-RAL-S-E PCIfICATJ0NS 0 0 V GENERAL SPECIFICATIONS 1. Each Bid shall be in accordance with Request for Bids (RFQ) Number F-08-23. All specifications are minimum. BIDDER(S) are expected to meet or exceed these specifications as written. Bidder(s) shall attach to their Bid a complete detailed itemization and explanation for each and every deviation or variation from the RFQ specifications and requirements. Conditional Bids, or those that take exception to the RFQ specifications and requirements, may be considered non-responsive and may be rejected. 2. The City reserves the right to accept or reject any and all Bids and to award a contract to the Bidder(s)whom best meets the City's requirements. This may include waiver of minor irregularities or discrepancies, or nonconformity to specifications in appropriate circumstances. Purchase shall be on a best buy basis after due consideration of all relevant factors, including but not limited to, workmanship, accessibility of parts and service, known evidence of manufacturer's responsibility and record, durability and known operational record of product and suitability as well as conformity to City needs and requirements. In all cases the best interest of the City shall prevail in all contract awards. 3. The City of San Bernardino reserves the right to purchase more or less than the quantities specified at unit prices Bid. a. Bids shall be firm offers, subject to acceptance or rejection within 90 days of the opening thereof. �. Regular dealer. No Bidder(s) shall be acceptable who is not a reputable manufacturer or dealer of such items as submitted for Bid consideration. 6. All materials, workmanship and finish entering into the construction of the equipment must be of the best of these respective kinds and must conform to the character of the equipment and the service for which it is intended to be used and shall be produced by use of the current manufacturing processes. "Seconds", factory rejects, and substandard goods are not acceptable. 7. Each Bidder(s) shall submit with their Bid a copy of the proposed product specifications, complete detailed drawings, and other descriptive matter in sufficient detail to clearly describe the equipment, materials and parts offered. 8. Manufacturer and/or Contractor shall defend any and all suits and assume all liability for any and all claims made against the City of San Bernardino, or any of its officials or agents for the use of any patented process, device or article forming a part of equipment or any item furnished under the contract. 9. Each Bidder(s) must state in their Bid the guaranteed delivery date of product and/or services in number of calendar days from the date of contract execution by the City of San Bernardino, time is of the essence relative to this contract. Contractor shall prosecute the work continuously and diligently and shall deliver the items at the earliest possible date following the award of the contract. 10. Each Bidder(s) shall list in their Bid all factory, manufacturer's and/or dealer's warranty and/or guarantee coverage and shall submit such written documents evidencing the same attached to the Bid. I1. Successful Bidder(s) (Contractor) shall furnish and deliver to the City complete equipment as proposed and awarded, ready for installation and fully equipped as detailed in these specifications. 12. Price shall be Bid F.O.B. San Bernardino (all transportation charges shall be fully prepaid), and shall include all discounts. Bid shall include California sales tax, where applicable, computed at the rate of 7.75%, and an additional City of San Bernardino Transaction and Use Tax computed at the rate of 0.25%where applicable (this will normally be shown as a separate line item on the price form). 13. City shall make payment within thirty(30) days after the complete delivery and acceptance of the specified items by the City of San Bernardino and receipt of the Contractor's priced invoice. 14. All"standard equipment"is included in any Bid. BIDDER(S)furnishing Bids under these specifications shall supply all items advertised as"standard"equipment even if such items are not stipulated in the specifications, unless otherwise clearly excepted in the Bid. 15. The items which the Bidder(s) proposes to furnish the City must comply in all respects with the appropriate safety regulations of all regulatory commissions of the Federal Government and the State of California,whether such safety features and/or items have been specifically outlined in these specifications or not. 16. Contractor delivering equipment pursuant to this RFQ specifications shall guarantee that equipment meets specifications as set forth herein. If it is found that equipment delivered does not meet requirements of these specifications the Contractor shall be required to correct the same at their own expense. 17. By submitting a Bid, each Bidder(s) agrees that in the event complete delivery is not made within the time or times set forth pursuant to this specification, damage will be sustained by the City, and that it is, and will be impractical and extremely difficult to, ascertain the actual damage which the City will sustain in the event of and by reason of such delay. 18. In case the delivery of the items under this contract is delayed due to strikes, injunctions, government controls, or by reason of any cause or circumstance beyond the control of the Contractor, the time for delivery may be extended (in the City's sole discretion) by a number of days to be determined in each instance by mutual written agreement between the Contractor and the Purchasing Division of the City of San Bernardino. The City shall not unreasonably refuse such extension. 19. Contract. Each Bid shall be submitted and received with the understanding that acceptance by the City of San Bernardino of Bid in response to this solicitation shall constitute a contract between the Contractor and the City. This shall bind the Contractor to furnish and deliver at the prices proposed and in complete accordance with all provisions of RFQ No. F-08-23. In most cases the basis of award will be the City's standard purchase order that may or may not incorporate this solicitation by reference. 20. Prohibited interest. No member, officer, or employee of the City or of any agency of the City during his tenure or for one year thereafter shall have any interest, direct or indirect in this contract or the proceeds thereof. Furthermore, the parties hereto covenant and agree that to their knowledge no board member, officer or employee of the City has any interest,whether — contractual, non-contractual,financial or otherwise, in this transaction, or in the business of the contracting party other than the City,.and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made in writing to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4(commencing with Section 1090) or Article 4.6 (commencing with - Section 1120) of Division 4 of Title I of the Government Code of the State of California. 21. One Document. These specifications,the Request for Bid, RFQ F-08-23,the Contractor's Bid, any written agreement executed by the parties,the purchase order and all documents referred to in the complete specifications and purchase order, and all written modifications of said documents shall be construed together as one document.Anything called for in any one of said documents shall be deemed to be required equally as if called for in all. Anything necessary to complete the work properly shall be performed by the contractor,whether specifically set out in the contract or not.All sections of the specifications shall be read as constituting a whole and not as an aggregation of individual parts, and whatever is specified in one section shall be construed as applying to all sections. 22. The City of San Bernardino reserves the right to accept or reject any and all Bids. 23. Prompt payment. Each Bidder(s) may stipulate in their Bid a percentage prompt payment discount to be taken by the City in the event the City makes payment to the Contractor within ten(10)working days of receipt of material and approval of invoice. For the purpose of this provision, payment is deemed to be made on the date of mailing of the City check. NOTE: prompt payment discounts will only be used during Bid evaluation in the case of ties. 24. Inquiries. Direct all inquiries to Deborah Morrow at 909-384-5086. Technical questions may be sent via fax to 909-384-5043. The answers to material questions will be provided to all potential Bidder(s). t i i 9 v 3 25. Bid/Price forms. No Bid will be acceptable unless prices are submitted on the pricing forms furnished herein, and all required forms are completed and included with Bid. Deliver all Bids, sirgned and sealed, to the Purchasing Division, Finance Department at 300 North"D"Street, 4` Floor, City Hall, San Bernardino, California 92418. CLEARLY MARK THE RFQ SPECIFICATION TITLE "CCTV Security System for Delmann Heights" AND NUMBER F- 08-23 ON THE OUTSIDE OF THE ENVELOPE. 26. Time. All Bids must be received in the Purchasing Division no later than 3:00 PM PST, JULY 10, 2008, where at such time and said place Bids will be publicly opened, examined and declared.Any Bid may be withdrawn by Bidder(s) prior to the above scheduled time for the opening of Bids. Any Bid received after that time and date specified shall NOT be considered. 27. The City of San Bernardino reserves the right at its own discretion to award separate contracts for each category, or to award multiple contracts, or to award one contract for furnishing and delivering of all equipment and/or services in all categories. 28. Equipment. In the purchase of equipment, Contractor shall be required to furnish one(1) OPERATORS MANUAL and one (1) PARTS MANUAL for all equipment Bid. 29. In submitting a Bid to a public purchasing body, the Bidder(s) offers and agrees that if the Bid is accepted, it will assign to the purchasing body all rights,title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act(U.S.C. Sec 15)or under the Cartwright Act (Chapter 2, commencing with Section 16700 of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the Bidder(s) for sale to the purchasing body pursuant to the Bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the Bidder(s). 30. Contractor shall indemnify, defend and hold City, its officers, employees and agents harmless from any claim, demand, liability, suit,judgment or expense (including, without limitation, reasonable costs of defense) arising out of or related to Contractor's performance of this agreement, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by City's willful misconduct or sole negligence. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City shall be considered as"attorney's fees"for the purposes of this paragraph. 31. While not restricting or limiting the foregoing, during the term of this Agreement, Contractor shall maintain in effect policies of comprehensive public, general, and automobile liability insurance, in the amount of$1,000,000 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the City's Risk Division prior to undertaking any work under this Agreement. The policies shall name the City as an additional insured and shall provide for ten-(10) day notification to the City if said policies are terminated or materially altered. 32. FAITHFUL PERFORMANCE/BID BOND. The Contractor will be required to furnish a cashier's check, certified check or faithful performance bond/bid bond made payable to the City of San Bernardino in an amount equal to 100%/10% of the Bid price to insure the contractor's faithful performance of this contract. Said surety shall be subject to the approval of the City of San Bernardino, bonds shall be in accordance with Ordinance No. 821, Section 2400, and the corporation issuing said bond shall have a rating in Best's most recent insurance guide of"A" or better. 33. Written contract documents, duly authorized and signed by the appropriate authority, constitute the complete and entire agreement(s) that may result from the RFQ. +nsrPments- 35. By submitting a Bid, Bidder(s)warrants that any and all licenses and/or certifications required by law, statute, code or ordinance in performing under the scope and specifications of this RFQ are currently held by Bidder(s), and are valid and in full force and effect. Copies or legitimate proof of such licensure and/or certification shall be included in Bidder(s)'s response. Bids lacking copies and/or proof of said licenses and/or certifications may be deemed non-responsive and may be rejected. 36. Once the award has been made and prior to the commencement of the job, the City's Municipal Code M.C. 5.04.005) requires that a Business doing business with the City, obtain and Maintenance a valid City Business Registration Certificate during the terms of the Agreement. _.,, .,,x w.:-�.w .� ...,�. .K.� ;=' :t,.:�.w._.,.�4'.�..u�S:�ir: a�•,�..,�, �''- �'1�:1Lx:,u.�:e':.,�'" �.6w.i> AGREEMENT FOR SERVICES r F 1: f 0 AGREEMENT FOR SERVICES This AGREEMENT is made and entered into this of 2008. by and between the CITY OF SAN BERNARDINO, California. a municipal corporation, hereinafter referred to as the "CITY" and WESTBEACH GROUP, INC DBA WEST BEACH SYSTEMS. hereinafter referred to as "CONTRACTOR''. WITNESSETH WHEREAS. Citv desires to obtain construction of Boys & Girls Club CCTV Security System for Delmann Heights in San Bernardino. California, and WHEREAS. Contractor is qualified and licensed to provide said services. and WHEREAS. San Bernardino City Council has elected to engage the services of Contractor upon the terms and conditions as hereinafter set forth: and NOW. THEREFORE. it is mutually aereed. as follows: 1. SCOPE OF SERVICES Contractor shall perform those services specified in Request for Quotation. RFQ F-08-23 and as contained in the bid dated Julv 2. 2008, a copy of which is attached hereto, and all of which are incorporated herein as though set forth in full. 2. TERM OF AGREEMENT Contractor shall commence within five (5) days after the City has authorized work to start by issuance of a Notice to Proceed. 3. STANDARD OF PERFORMANCE Contractor shall complete all work in conformance with Federal. State, and local regulations and industry standards. j 4. CHANGES/EXTRA SERVICES i A. Performance of the work specified in the Request for Quotation RFQ F-08-23 dated June 12. 2008. are made an obligation of Contractor under this Agreement. subject to any changes made subsequently upon mutual agreement of the parties. All such changes shall be considered as additional tasks and shall be incorporated by written amendments to this Agreement and include anv increase or decrease in the amount of compensation due Contractor for the change in scope. Any change. which has not been so incorporated, shall not be binding on either party. B. Contractor shall render no extra services under this Agreement unless City authorizes such extra services in writing prior to performance of such work. Authorized extra services shall be invoiced based on the authorized additional task amounts. t ywrr�.r A 5. COMPENSATION A. Upon satisfactory completion of the work. the Contractor will be paid the sum not to exceed $19,745.00 in arrears, for all work and services performed under this contract and upon receipt of itemized invoices, submitted in triplicate to the contract manager. The invoice amount will be based on the actual work performed by task. Contractor will submit an invoice to the City monthly. B. Said compensation shall not be altered unless there is significant alteration in the scope. complexity or character of the work to be performed. City and Contractor shall agree upon any such significant alteration in writing before commencement of performance of such significant alteration by Contractor. Any adjustment of the total cost of services will only be permitted when the Contractor establishes and Citv_ has agreed in writing that there has been. or is to be. a significant change in: 1. Scope. complexity. or character of the services to be performed; ?. Conditions under which the work is required to be performed. and 3. Duration of work if the change from the time period specified in the Agreement for completion of the work warrants such adjustment. C. The Contractor is required to comply with all Federal. State and local laws and ordinances applicable to the work. The Contractor is required to comply with minimum wage rates in accordance with California Labor Code Section 1770. 6. PAYMENT BY CITY A. The billings for all services rendered pursuant to this Agreement shall be submitted every month by Contractor to City and shall be paid by City within twenty (20) days after receipt of same, excepting any amounts disputed by City. Dispute over any invoiced amount shall be noticed to the Contractor within ten (10) days of billing and a meet and confer meeting for purposes of resolution of such dispute shall be initiated by the City within (10) days of notice of such dispute. All tasks as specified in Exhibit "1" shall be completed prior to final payment. B. No payment will be made for any work performed prior to approval of this contract by City and Notification to Proceed. 2 7. SUPERVISION AND ACCEPTANCE OF SERVICES A. The Director of Facilities Management of City. or his designee. shall have the right of general supervision over all work performed by Contractor and shall be City's agent with respect to obtaining Contractor's compliance hereunder. No payment for any services rendered under this Agreement shall be made without prior approval of the Director of Facilities Management or his designee.. 8. COMPLIANCE WITH CIVIL RIGHTS LAWS Contractor hereby certifies that it will not discriminate against any employee or applicant for employment because of race. color, religion. sex. marital status, age, handicap or national origin. Contractor shall comply with all State and Federal Civil Rights Laws in its hiring practices and employee policies. Such action shall include, but not be limited to. the following: recruitment and recruitment advertising, employment. upgrading. and promotion. 9. TERMINATION OF AGREEMENT A. This Agreement may be terminated by either party upon thirty (30) days' written notice in the event of substantial failure of the other party to perform in accordance with the terms of this Agreement. Each party shall have twenty (20) days following the date of such notice within which to correct the substantial failure, giving rise to such notice. In the event of termination of this Agreement, City shall within thirty (30) days pay Contractor for all the fees, charges and services performed to City's satisfaction by Contractor, which finding of satisfaction shall not be unreasonably withheld. Contractor hereby covenants and agrees that upon termination of this Agreement for any reason, Contractor will preserve and make immediately available to the City. or its designated representatives, maps, notes, correspondence. or records related to work paid for by the City and required for its timely completion. and to fully cooperate with City so that the work to be accomplished under this Agreement may continue within forty-five (45) days of termination. Any subsequent use of such incomplete documents, other than their originally intended use, shall be at the sole risk of the Citv. and the City agrees to hold harmless and indemnify Contractor from any claims. losses, costs, including attorney's fees and liability arising out of such use. Contractor shall be compensated for such services in accordance with Exhibit "I". B. This Agreement may be terminated for the convenience of the City upon thirty (30) days written notice to Contractor. Upon such notice. Contractor shall provide work product to City, and City shall compensate Contractor in the manner set forth above. C. Following the effective date of termination of this Agreement pursuant to this section, the Agreement shall continue until all obligations arising from such termination are satisfied. 3 i I I i 10. CONTINGENCIES In the event that. due to causes beyond the control of and without the fault or negligence of Contractor. Contractor fails to meet any of its obligations under this Agreement, and such failure shall not constitute a default in performance, the City may grant to Contractor such extensions of time and make other arrangements or additions, excepting any increase in payment, as may be 1 reasonable under the circumstances. Increases in payment shall be made only under the `'changes" provision of this Agreement. Contractor shall notify City within three (3) days in writing when it becomes aware of any event or circumstances for which it claims or may claim an extension. H. INDEPENDENT CONTRACTOR Contractor shall act as an independent contractor and shall not be considered an employee of the City in the performance of the services provided for under this Agreement. Contractor shall furnish such services in its own manner. This Agreement is not intended and shall not be construed to create the relationship of agent. servant, employee, partnership, joint venture, or association between Contractor and the City. 12. ASSIGNMENT OR SUBCONTRACTING Contractor shall not assign this Agreement, or any portion thereof without the written consent of City. Any attempt by Contractor to assign or subcontract any performance of this Agreement without the written consent of the City shall be null and void and shall constitute a breach of this Agreement. All subcontracts exceeding $10,000 shall contain all provisions of this contract. 13. NOTICES All official notices relative to this Agreement shall be in writing and addressed to the following representatives of Contractor and City: CONTRACTOR CITY Westbeach Group, Inc dba West Jim Sharer Beach Svstems Director of Facilities Management Per D. Fasmer 300 N. "D" Street 1701 W. Burbank Blvd. 4202 San Bernardino. CA 92418 Burbank. CA 91 506 14. RESPONSIBILITIES OF PARTIES A. The Contractor may reasonably rely upon the accuracy of data provided by the City or its agents. B. Upon completion of all work under this contract, ownership and title to all reports, documents, plans, specifications, and estimates produced as part of this contract will 4 V' automatically be vested in the City and no further agreement will be necessary to transfer ownership to the City. C. For the purpose of determining compliance with Public Contract Code Section 10115, et. seq. and Title 21, California Code of Regulations, Chapter 21. Section 2500 et. seq.. when applicable, and other matters connected with the performance of the contract pursuant to Government Code Section 8546.7, the Contractor, subconsultant, and the City shall maintain all the books, documents, papers, accounting records, and other evidence pertaining to the performance of the contract, including but not limited to, the costs of administering the contract. All parties shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the contract. The State, the State Auditor, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to anv books, records, and documents of the Contractor that are pertinent to the contract for audits, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested. 15. HOLD HARMLESS CLAUSE A. Contractor shall indemnify, defend and hold free and harmless the City, its officers, and its employees from all claims, damages, costs, expenses, and liability, including, but not limited to attorney's fees, imposed upon them for any alleged infringement of patent rights or copyrights of any person or persons in consequence of the use by City, its officers, employees, agents, and other duly authorized representatives, of program- rograms or processes supplied to City by Contractor under this Agreement. B. The prevailing party in any legal action to enforce or interpret any provisions of this Agreement will be entitled to recover from the losing party all reasonable attorneys' fees, court costs, and necessary disbursements in connection with that action. The costs, salary, and expense of the City Attorney and members of his office, in connection with that action shall be considered as attorneys' fees for the purposes of this Agreement. 16. INDEMNITY Contractor shall indemnify, defend and hold harmless City from and against any and all claims, demands. suits, actions, proceedings, judgments, losses, damages. injuries, penalties, costs, expenses (including reasonable attorney's fees), and liabilities, of, by, or with respect to third parties, which arise from Contractor's negligent performance of services under this Agreement. Contractor shall not be responsible for, and City shall indemnify, defend, and hold harmless Contractor from and against, any and all claims, demands, suits, actions, proceedings,judgments, losses, damages, injuries, penalties, costs, expenses (including reasonable attorney's fees) and liabilities of, by or with respect to third parties, which arise from the City's negligent i I performance under this Agreement. With respect to any and all claims. demands, suits. actions. proceedings. judgments, losses, damages, injuries, penalties. costs. expenses (including reasonable attorney's fees) and liabilities of; by or with respect to third parties, which arise from the joint or concurrent negligence of Contractor and City. each party shall assume responsibility in proportion to the degree of its respective fault. 17. LIABILITY/INSURANCE Contractor shall maintain insurance policies meeting the minimum requirements set forth in RFQ F-08-23 Section 5-1.02. 18 VALIDITY Should any provision herein be found or deemed to be invalid. this Agreement shall be construed as not containing such provision. and all other provisions which are otherwise lawful shall remain in full force and affect. and to this end the provisions of this Agreement are declared to be severable. 19 ENTIRE AGREEMENT This Agreement represents the entire and integrated agreement between the parties hereto and supersedes all prior and contemporaneous negotiations, representations. understandings, and agreements, whether written or oral, with respect to the subject matter thereof. This Agreement may be amended only by written instrument signed by both parties. 6 ...... ........ 3 OL AGREEMENT FOR Services with Westbeach Group. Inc Dba West Beach Systems. IN WITNESS WHEREOF. the parties hereto have caused this Agreement to be executed on the date written above by their duly authorized officers on their behalf. CITY OF SAN BERNARDINO WESTBEACH GROUP, INC DBA WEST BEACH SYSTEMS. BY: BY: Fred Wilson. City Manager Signature City of San Bernardino NAME: TITLE: ATTEST: Rachel Clark. City Clerk City of San Bernardino .Approved as to form: JAMES F. PENMAN City Attorney CBY: