HomeMy WebLinkAbout2008-314
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(NOTE: BOUND AGREEMENT)
RESOLUTION NO. 2008-314
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN
AGREEMENT FOR SERVICES WITH 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 COMMUNITY CENTER IN THE CITY OF SAN BERNARDINO
PER RFQ F-08-23.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Westbeach Group, Inc dba West Beach Systems is the lowest responsible
bidder for the Boys & Girls Club CCTV Security System for Delmann Heights
Community Center in the City of San Bernardino per RFQ F-08-23. A contract is
awarded accordingly to said Contractor in a total amount of $19,745.00 with a
contingency of$I,975.00. Such award shall be effective only upon said contract being
fully executed by both parties. The Common Council hereby authorizes the City
Manager to execute on behalf of the City an Agreement for Services; a copy of the
Agreement is on file in the City Clerk's Office, and is incorporated herein. The
Purchasing Manager is hereby authorized and directed to issue a purchase order which
references this Resolution to said Contractor in the amount of$19,745.00.
SECTION 2. Any amendment or modification thereto shall not take effect or become
operative until fully signed and executed by the parties and no party shall be obligated
hereunder until the time of such full execution. No oral agreements, amendments,
modifications or waivers are intended or authorized and shall not be implied from any
act or course of conduct of any party. This resolution is rescinded if the parties to the
contract fail to execute it within sixty (60) days of the passage of this resolution.
ifill
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2008-314
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN
AGREEMENT FOR SERVICES WITH 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 COMMUNITY CENTER IN THE CITY OF SAN BERNARDINO
PER RFQ F-08-23.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a ioint regular
meeting thereof, held on the 4th day of August , 2008, by the
following vote, to wit:
Council Members:
NAYS
ABSTAIN
ABSENT
AYES
ESTRADA
x
BAXTER
x
BRINKER
x
DERRY
x
-
KELLEY
x
JOHNSON
x
McCAMMACK
x
~k.~
Rac el G. Clark, City Clerk
The foregoing resolution is hereby approved this 1/171 day of August
,2008.
Approved as to form:
~
es F. Penman, City Attorney
COUNCIL MEETING — 8/4/08 fr 17 CLK
RESOLUTION 2008-314 l,�
ITEM #18
k
• BID AND CONTRACT DOCUMENT S
For
RFQ F-08-23
THE CONSTRUCTION OF
Boys & Girls Club
CCTV Security System
�i o i e
m i en n mar
�
June 12, 2007
x as '°'''' : ,t h,x °i -xici ',',, '�
x
�. a d ,� ° S
F., ro't rF 4
e
Ate
* .n i t x
'"� *4. �`t"s^�•*,eye $``Es'
t,,;'t`^' ,�> +mayS'` u ; v!V 4
by
'''' Sill', •
sM ileruardino
CITY OF
San Berilar 1no
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 B-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.
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).
S' cerely,
Deborah Morrow
Purchasing Manager
City of San Bernardino, Finance
tM
€ � ( ,
CITY OF
San Bernar 7110
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
06120!08.
Sincerely,
Deborah Morrow
Purchasing Manager
City of San Bernardino, Finance
WLIS 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 •
. ..•• .r. .• _ - _ - ..•■ . • .• . . - • • .• • •. . .. -I ! • . . . • a • •
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) 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
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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 two
Communications System
Installer $ 24.43 3%+7.60 too
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
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inside wireman total cost package.
* 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
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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 $ 38.16 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 4 __
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.
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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 Toed, 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
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(below ground) ; Pavement breaker operator (truck mounted) ;
Road oil mixing machine operator; Roller operator (asphalt
or finish) , rubber-tired earth moving equipment (single
engine, up to and including 25 yds. struck) ; Self-propelled
tar pipelining machine operator; Skiploader operator
(crawler and wheel type, over 3/4 yd. and up to and
including 1-1/2 yds.) ; Slip form pump operator (power
driven hydraulic lifting device for concrete forms) ;
_ Tractor operator-bulldozer, tamper-scraper (single engine,
up to 100 h.p. flywheel and similar types, up to and
including D-5 and similar types) ; Tugger hoist operator (1
drum) ; Ultra high pressure waterjet cutting tool system
operator; Vacuum blasting machine operator
GROUP 7: Welder - General
GROUP 8: Asphalt or concrete spreading operator (tamping or
finishing) ; Asphalt paving machine operator (Barber Greene
or similar type) ; Asphalt-rubber distribution operator;
Backhoe operator (up to and including 3/4 yd. ) , small ford,
Case or similar; Cast-in-place pipe laying machine
operator; Combination mixer and compressor operator (gunite
work) ; Compactor operator (self-propelled) ; Concrete mixer
operator (paving) ; Crushing plant operator; Drill Doctor;
Drilling machine operator, Bucket or auger types (Calweld
150 bucket or similar types - Watson 1500, 2000 2500 auger
or similar types - Texoma 700, 800 auger or similar types -
drilling depth of 60' maximum) ; Elevating grader operator;
Grade checker; Gradall operator; Grouting machine operator;
Heavy-duty repairman; Heavy equipment robotics operator;
Kalamazoo balliste regulator or similar type; Kolman belt
loader and similar type; Le Tourneau blob compactor or
similar type; Loader operator (Athey, Euclid, Sierra and
similar types) ; Mobark Chipper or similar; Ozzie padder or
similar types; P.C. slot saw; Pneumatic concrete placing
machine operator (Hackley-Presswell or similar type) ;
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
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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
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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) tpw
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)
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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,
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stiff legs, Guy derrick or similar type (over 100 tons up
to and including 200 tons mrc) ; Mobile tower crane operator
(over 100 tons up to and including 200 tons mrc)
GROUP 12: Crane operator (over 200 tons up to and including
300 tons mrc) ; Derrick barge operator (over 200 tons up to
and including 300 tons mrc) ; Hoist operator, stiff legs,
Guy derrick or similar type (over 200 tons, up to and
including 300 tons mrc) ; Mobile tower crane operator (over
200 tons, up to and including 300 tons mrc)
GROUP 13: Crane operator (over 300 tons) ; Derrick barge
operator (over 300 tons) ; Helicopter pilot; Hoist operator,
stiff legs, Guy derrick or similar type (over 300 tons) ;
Mobile tower crane operator (over 300 tons)
TUNNEL CLASSIFICATIONS
GROUP 1: Skiploader (wheel type up to 3/4 yd. without
attachment)
GROUP 2: Power-driven jumbo form setter operator
GROUP 3 : Dinkey locomotive or motorperson (up to and
including 10 tons)
GROUP 4: Bit sharpener; Equipment greaser (grease truck) ;
Slip form pump operator (power-driven hydraulic lifting
device for concrete forms) ; Tugger hoist operator (1 drum) ;
Tunnel locomotive operator (over 10 and up to and including
30 tons)
GROUP 5: Backhoe operator (up to and including 3/4 yd.) ;
Small Ford, Case or similar; Drill doctor; Grouting machine
operator; Heading shield operator; Heavy-duty repairperson;
Loader operator (Athey, Euclid, Sierra and similar types) ;
Mucking machine operator (1/4 yd. , rubber-tired, rail or
track type) ; Pneumatic concrete placing machine operator
(Hackley-Presswell or similar type) ; Pneumatic heading
shield (tunnel) ; Pumperete gun operator; Tractor compressor
drill combination operator; Tugger hoist operator (2 drum) ;
Tunnel locomotive operator (over 30 tons)
GROUP 6: Heavy Duty Repairman
GROUP 7: Tunnel mole boring machine operator
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,
ter..
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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 $ 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 $ 27.63 13.25
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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,
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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, Barka, 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
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person; Grout pump person; Jackleg miner; Jumbo person;
Kemper and other pneumatic concrete placer operator; Miner,
tunnel (hand or machine) ; Nozzle person; Operating of
troweling and/or grouting machines; Powder person (primer
house) ; Primer person; Sandblaster; Shotcrete person; Steel
form raiser and setter; Timber person, retimber person,
wood or steel; Tunnel Concrete finisher
GROUP 4: Diamond driller; Sandblaster; Shaft and raise work
GUNITE LABORER CLASSIFICATIONS
GROUP 1: 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, r
fabrication of temporary wooden barriers and assembly of
decontamination stations.
LABO1184-OOl 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
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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
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Rates Fringes
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
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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
R00F0036-002 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,
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heating, ventilating
systems for human comfort. . .$ 32.01 19.92
TEAM0011-002 07/01/2007
Rates Fringes
Truck drivers:
GROUP 1 $ 25.44 17.39
GROUP 2 $ 25.59 17.39
GROUP 3 $ 25.72 17.39
GROUP 4 $ 25.91 17.39
GROUP 5 $ 25.94 17.39
GROUP 6 $ 25.97 17.39
GROUP 7 $ 26.22 17.39
GROUP 8 $ 26.47 17.39
GROUP 9 $ 26.67 17.39
GROUP 10 $ 26.97 17.39
GROUP 11 $ 27.47 17.39
GROUP 12 $ 27.90 17.39
WORK ON ALL MILITARY BASES:
PREMIUM PAY: $3.00 per hour additional.
[29 palms Marine Base, Camp Roberts, China Lake, Edwards AFB,
Fort Irwin, George AFB, Marine Corps Logistics Base at Nebo
& Yermo, Mountain Warfare Training Center, Bridgeport,
Point Arguello, Point Conception, Vandenberg AFB]
TRUCK DRIVERS CLASSIFICATIONS
GROUP 1: Truck driver
GROUP 2: Driver of vehicle or combination of vehicles - 2
axles; Traffic control pilot car excluding moving heavy
equipment permit load; Truck mounted broom
GROUP 3: Driver of vehicle or combination of vehicles - 3
axles; Boot person; Cement mason distribution truck; Fuel
truck driver; Water truck - 2 axle; Dump truck, less than
16 yds. water level; Erosion control driver
GROUP 4: Driver of transit mix truck, under 3 yds. ; Dumperete
truck, less than 6-1/2 yds. water level
GROUP 5: Water truck, 3 or more axles; Truck greaser and tire
person ($0.50 additional for tire person) ; Pipeline and
utility working truck driver, including winch truck and
plastic fusion, limited to pipeline and utility work;
Slurry truck driver
GROUP 6: Transit mix truck, 3 yds. or more; Dumperete truck,
6-1/2 yds. water level and over; Vehicle or combination of
vehicles - 4 or more axles; Oil spreader truck; Dump truck,
16 yds. to 25 yds. water level
GROUP 7: A Frame, Swedish crane or similar; Forklift driver;
Ross carrier driver
GROUP 8: Dump truck, 25 yds. to 49 yds. water level; Truck
repair person; Water pull - single engine; Welder
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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.
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Washington, DC 20210
2. ) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc. ) that the requestor considers relevant to the issue.
3. ) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board) . Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4. ) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
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ADMINISTRATION
RFP F-O8-23
CITY OF_.
San Bernar.ln
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.sbcitv.orq > 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 92418 (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
SECTION I
INSTRUCTIONS TO BIDDERS
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. Met in the parking lot outside
of the recreation center. Late arrivals will not 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. The City will 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.sbcity.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:
RFP F-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
III Bid Content and Forms,General Specification#35,Instructions to Bidder(s)/
n Copy of Contractor License
Bidders
[1 Bidder Experience, Competency, Qualification and Profile (Vendor Document) III
Bid/Bid Content Forms
Instructions to Bidder(s)/Bidders
Non-Collusion Affidavit (City Form) r
III Bid/Bid Content and Forms
Listing of Proposed Subcontractor (City Form)
Instructions to Bidders,III Bid Content and Forms
Price Form (City Form)
Instructions to Bidders
Authorized Signatures
Bidder Identification III Bid Content and Forms
Addendum Received
III Bid Content and Forms
❑ - —9O Day Bid Validity-Statcment
III Bid Content and Forms - —
n
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
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
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
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
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.
"N
Bid Security Bond. Each Bid shall be accompanied by a certified
company h c cashier's
authorized to carry or Bid
bond duly completed on the form provided herewith by a guaranty
business in the State of California, in an amount equal to at lest ten n percent (10i� n) of the to the sum
of without
the total amount bid, including any options. Said bond is payable
San Bernardino as a guaranty that the bidder, if awarded the contract, wilpromptly tlt x cut a is
contract in accordance with the Bid in manner and form require d by contract
and will furnish. The Bid Security shall be forfeited to the City of San
e and Bernardino
to the liquidated
damages in the case of failure or neglect of the bidder to furnish, 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 will be
totaaamount of the contract equal to work
one hundred percent (100%) of the
and conforming to the contract documents.
Performance Bond. The Successful Bidder will be req total furnish
amount of the contract before
amount equal to one hundred percent (100%)) of
commencement of work and conforming to the contract documents.
any
Substitution of Securities. The Contractor shall be permitted to substitute
under this crontsa fors such
monies withheld by the City of San Bernardino to en performance
substitution to be subject to the limitations and requirements of Public Contract Code Section
22300.
ACCESSIBILITY. The Contractor shall the fully erformance himself ofworkgunde9thisycontralctr'tHe shad))
limitations of the spaces available for performance
due and particular caution to determine that all parts of his work are made quickly and
easily accessible.
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
or
of attorney certifying the agent's authority to bind the Bidder. If If a firm al makesh p makesi the
her name, signature, and post office address must be shown. or P
bid, the name and post office address of the firm or partnership and the signature of at least one the
of the general partners must be shown. If a corporation makes the bid, the biid shallp h office
name of the state under the laws of which the corporation is
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.
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 .
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 u the poss b gaining provisions or portions of any
provisions shall be valid and enforceable
y
SITE OF WORK INSPECTION OF. It is the responsibility of the Bidder to carefully
ayd and
personally
examine the site of the proposed work, access to the work, aboveground
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
y
requirements. Bidders are required to inspect the site of work in order to j dlo f for hemselvto,tby
personal examination or by such other means, as they may prefer,
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 for documents,nol information w with any
other
furnished data, the bidder may apply to the City of San Bernardino
are
explanation before submitting a bid. The plans for the howcconditiion shown as they
on the
supposed or believed by the City of San Bernardino to ex's , but 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 and The -conditions at-the site. -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 examination 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 San
appear
rto be in cconflict with
the plans and specifications the bidder may apply to the City of
with these bid documents, for additional information and/or clarification ud fore submitting
bmit i g its
vary
However, no such supplemental information or clarification s orequested
the terms of the specifications of the work to be performed unless included in an
submission of aen du byte
this bid document that is issued by the City of San Bernardino. The
bidder shall constitute the acknowledgment that it has relied d is
other Banat own examination a ination
of (a) the site of the work, (b) the access to the site and (c) all 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. r any et
SPECIFICATIONS, CHANGES TO. The parties shall not be bound by k oe liable
nature not s t
statement, representation, promise, inducement or understanding of any kind
forth herein or by written amendment. No changes, amendments, or modifications of any of the
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.
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
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
nature due in connection with any work under the contract and shall indemnify and hold harmless
do
promptly investigate the conditions, and if it finds that the conditions do material's cost differ,ortdo
involve hazardous waste, and cause a decrease or increase in
time required for, performance of any part of the work shall issue a between order e City under She
procedures described in the contract. In the event that a dispute
Bernardino and the Contractor whether the conditions mate cost of,differ,
the involve
zar fors
waste, or cause a decrease or increase in the Contractor's
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 su the Contractor a been deposited City in
She
United States mail. One copy of the contract will be returned
Bernardino executes the contract. In case of failure of the Contractor San execute an return u at it
cntract and all required documents within the time allowed, the City Bernardinos
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
ate the
of the work ando fully Proceed.
the--project within
(number of completion days allowed)
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 a ex eience,, and ability,
complete it within
and facilities to enable him to prosecute the work successfully p r
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
e
satisfactorily other contracts of like nature, magnitude, and comparable
rdd�c lty der ompa a le
rates of progress. In selecting the lowest responsive and responsible Bidder,
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 bid 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
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
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
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. L_.
CANCELLATION OF SOLICITATION. The City may cancel this solicitation at any time.
CLEANUP COST. Bidder shall include in the bid, all costs for cleanup lduring performance
equ pane t and
upon completion of work on this project. Successful Bidder will remove
of service, all excess or unsuitable material, trash, rubbish bish and udeidris, and
hall
dispose of same, unless otherwise directed by these specifications.
area in a neat, clean, and acceptable condition as approved by the City of San Bernardino.
COMPLIANCE OR DEVIATION TO SPECIFI-CATIONS. Bidder hereby ges tin this soli materia
teriall,
equipment or service offered will meet all the requirements of the specifications
unless deviations from them are clearly indicated cat osl'n which ust be signed Bidder may
authorized
ed
attachment entitled "Exceptions to Specifications", giving An explanation must be made for each item in which an exception is taken, g' g
in detail the extent of the exception and the reason for which it is taken.
bsOahure to
or o comply
this requirement will be considered non-responsive. Submittal
manufacturer literature is desirable but may not be a substitution for this requirement.
COMPLIANCE WITH FAIR EMPLOYMENT PRACTICE Ca Contractor
and c agrees
Fair in E accordance
with Section 1735 and 1777.6 of California Labor Code,
Practice Act (Sections 1410-1433) that in the orhi any subcontmctnhereu skilled labor for the
performance of any work under this contract, y or
material supplier or vendor shall, by reasoal available perform the worktto,whi h'such
discriminate against any person who is qualified and
employment relates.
COMPLIANCE WITH.LAWS. All bids shall comply the Bidder to carefully thoroughly examine other
and be
relative thereto. It is the responsibility of all bid forms, specifications,
familiar with legal and procedural documents, general conditions,
drawings, plans, and addenda (if any), hereinafter referred to as Contract Documents. Bidder
shall satisfy himself as to the character, quantity, and quality of work to be perf
tormed ad
materials, labor, supervision, equipment and appurtenances necessary to
th
specified by the Contract Documents. The failure or neglect of the
wiBidreer to
ot e miineid oe
Contract Documents shall in no way relieve him from any obligations
contract. The submission of a bid shall constitute an acknowledgment a d is upon which
with City contract
Bernardino may rely that the bidder has thoroughly examined of the contract
documents. The failure or neglect of a bidder to recei{ n o w exmine nect any
the b d No claim
documents shall in no way relieve the bidder from any obligations
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 ta d nt for actor'e
classification(s) of work specified in the contract documents. Bidders must show the
license number, classification and expiration date on their bid
DATE DUE. Bidders shall submit their bids by the "Date Due". The "Datell be the governing time
Notice to Contractors form. The receiving time in the City Clerk's Office 9
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 II, 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
di received
by the City of San Bernardino must withdraw his bid in order to ma e
must be made in accordance with the terms and conditions d of b this is solicitation atiion (see
Withdrawals initialed Y
Withdrawal of Bids). All modifications must be made in ink, properly
w representative,
bid. It is the
executed, and submitted in the same form and manner as the o bfore the t me
responsibility of the bidder to ensure that modified or withdrawn bids are resubmitted
announced for the opening of bids
or contractor may be used
NOMENCLATURES. The terms Successful Bidder, exc�lusivelytorthe firm with whom the City
interchangeably in these specifications and shall refer
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 are invited ed publicly y
read aloud at the time announced for
of bids. The public reading ng wil�nceude the names of the
present at the opening and reading
bidders, the total amounts bid and the acknowledgment of receipt of bid guaranties. Post ponemen
of O enin . The City of San Bernardino reserves the right the stpon to a da ecand time for opening
of bids at any time before the date and time announced
(20) days or more from receipt of
PAYMENT TERMS. Discounts i naward of bid. Payment discounts must be clearly shown on the Bid
invoice will be considered in
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 Upon contract, and
shall give all public notices necessary Bidder/Contractor shaplleobtain aa building permitassued by the City of
of the contract, the Successful
San Bernardino. Said building permits will be issued at no cost to the Contractor.
PREVAILING
is
WAGES. It shall be mandatory upon the Contractor to hom theed contra h t in
awarded to pay not less workers than the said prevailing rates of wages to all wo
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.
Section 1777.5 addition,of the
�m Contractor shall Code responsible toa apprentices on public requirements
In accordance with the
California Labor Code relate g pp the Director of Industrial
provisions of section 1773.2 of the Labor Code of thates of employer payments for
p eneral prevailing
Relations has determined the g applicable, which is on file in the City of
health, welfare, vacation, pensions and similar purposes app
San Bernardino Public Works office. The Contractor Articlell2 post anda3c D Division 2, Chapter prevailing of the II
rates at the site of the project. The provisions of
Labor Code, State of California, are made by this reference a part of this solicitation.
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-of th-e-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
schedule. The total price of u nit 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.
SECTION II
TECHNICAL SEPCIFICATIONS
RFP F-08-23
SECTION II
TECHNICAL SPECIFICATIONS
REP 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. w.
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:
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
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).
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
o Multiple screen layout for viewing = 1, 4, 6 &
8 (with rotation function).
o Remote monitoring, control, and recording
via internet.
o Remote playback video clips of locate site,
multiple site connection/monitoring.
o Multi-level Password protection.
o Search playback: by date, time or event.
o Back up: on to CD-RW or DVD-RW.
o Alarm Notification: via sound, pop-up video,
phone, pager, & Internet.
o 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 Agmy The City of San Bernardino.
Board - The Mayor and Common Council
for the City of San Bernardino.
C - 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, p°
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_code, 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
temcalendar_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(f). 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
is 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.
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:
1. 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.
&r«
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.
SP-11
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 7-4, "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. >a.
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 ATTACHMENT "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
_adjoining__proper y 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)
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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE 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 I-ypE OF INSURANCE POLICY POLICY EFFECTIVE POLICY EXPIR LIMITS
M/YY/DD DATE
LTR NUMBER DATE(M ) (MM/YY/DD)
GENERAL LIABILITY EACH OCCURRENCE $1,000,000
X COMMERCIAL GEN LIABILITY FIRE DAMAGE(ANY ONE FIRE)
A $ 500,000
CLAIMS MALE OCCUR
MID EXP(ANY ONE PERSON) S 5,000
X OWNER'S&CONTRACTOR'S PROT 102267576 02/01/98 02/01/99
PERSONAL&ADV INJURY S 1,000,000
GENERAL AGREGATE $2,000,000
PRODUCTS-COMP/OPAGG $2,000,000
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000
X AUTO BODILY INJURY
(Per Person) $
B ALL OWNED AUTOS BODILY INJURY
(Per Accident) $
BAP 5197135 02/01/98 02/01/99
SCHEDULED AUTOS PROPERTY DAMAGE
(Per Accident) $
HIRED AUTOS —
NON-OWNED AUTOS —
GARAGE LIABILITY $
AUTO ONLY-EACH ACCIDENT _
other than auto only:
ANY AUTO EACH S
ACCIDENT
other than auto only:
AGGREGATE
WORKERS COMPENSATIONAND JI WORKERS COMP
EMPLOYER'S LIABILITY STATUTORY LIMITS
C E.L.EACH ACCIDENT _$1,000,000
WC XXXXXX 02/01/98 02/01/99 $1,000,000
THE PROPRIRETOR/ INCL E.L.DISEASE–EA EMPLOYEE _
PARTNERS/EXECUTIV $1000,000
E OFFICERS ARE: EXCL E.L.DISEASE–POLICY LIMIT
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS
JOB LOCATION: ALL CALIFORNIA OPERATIONS OF THE NAMED INSURED
RE: (INSERT PROJECT NAME)
BELOW NAMES AS ADDITIONAL 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,
THE ISSUEING COMPANY WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMES TO THE
DEPARTMENT OF PARKS,RECREATION LEFT.
&COMMUNITY SERVICES AUTHORIZED REPRESENTATIVE
201A NORTH "E" STREET, SUITE#103 JOHN E.SMITH (Signature)
SAN BERNARDINO,CA 92401
ACCORD 25-S(1/95) 0 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
4 I N .
(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 BY AUTHORIZED REPRESENTATIVE FOR PROVIDER
SUPPLY POWER OF ATTORNEY GIVING AUTHORITY 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
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, y:3
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
BMPs-within-each categoryi der- to achieve-the-B.MP-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
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
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.
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
_ ithoutthe prior consent of the Inspector,_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 1st, the third Monday in January, the third
Monday in February, the last Monday in May, July 4th, the first Monday in September,
November 11th, Thanksgiving Day and the Friday following, December 25th 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 in 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
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
numbers of the Contractor and subcontractors, or their representatives, which can be reached and
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.
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 -v
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 --
A. The Contractor shall appoint an employee as safety supervisor 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.
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 he 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
SECTION 7
7-1 UTILITIES
7-1.01 GENERAL -- The location of all utility substructures that may affect the
work shall comply with Section 5, "Utilities", of the Standard Specifications and these Special
Provisions. The Contractor shall notify the Inspector immediately of any conflict. The
Contractor shall match existing products. The Contractor is responsible for coordinating work
with the utility owners.
Certain companies, governmental agencies, or their contractors may be working within
the construction area. Certain utility facilities at various locations within the project limits may
be removed, relocated, abandoned, or installed by companies' or agencies' contractors. The
Contractor shall coordinate his work with utility owners and their contractors.
The Contractor shall exercise due caution to prevent any damage to/or movement of
these utility facilities. Listed below are the utilities that may be affected, with the designated
contact person. These names and phone numbers are listed for information purposes only. The
Contractor is responsible for verifying phone numbers and contact persons.
1. SOUTHERN CALIFORNIA EDISON COMPANY
287 Tennessee Street
Redlands, CA 92373
Phone: (909) 307-6788 Attn: Ben Murguia
2. SOUTHERN CALIFORNIA GAS COMPANY
1981 West Lugonia Avenue
Redlands, CA 92373
Phone: (909) 335-7772 Attn: Devry Jennings
3. SAN BERNARDINO MUNICIPAL WATER DEPARTMENT
Water Utility Division
195 North"D" Street
San Bernardino, CA 92401
Phone: (909) 387-7224 Attn: Ellis Williams
SP-31
4. VERIZON
1980 Orange Tree Lane, Suite 100
Redlands, CA 92374-2803
Phone: (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; TCI)
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
.Ft
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. 5th Street
San Bernardino, CA 92411
Phone: (909) 379-7153 Attn: Allen Wild—Stops & Station Changes
SP-33
16. CITY OF SAN BERNARDINO
INFORMATION SERVICES—COMMUNICATIONS
300 North"D" Street, 4th 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
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.
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
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
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
I systems), C-10 (electrical) contractor licenses. Acceptable
13. MATERIAL SPECIFICATIONS,
All labor, material and equipment to provide a
complete exterior 8 camera CCTV Security System
comprised of the following elements:
Change Based On Design :
o 6 - Impact-Resistant, Exterior hardened ?Exterior hardened Surfa e- Impact-Resistent ,
Surface Mount Bosch (or equal) Cameras, Mount Bosch (or egmal )
Hood Dome Style with smoked lens to mask
Cameras.
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
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. Change Based On Design : '
o Wireless equipment for two remote pole Wireless equipment for
mounted cameras. ONE remote pple mounted
• 17" high resolution monitor (Flat panel LCD). camera 1 ,\
o Bosch (or equal) DVR Recorder, minimum 1!/6-43
96 hours recorded memory with database
management and video compression.
o Software & Hardware motion detection,
multi-channel playback simultaneously
o \Date & Time Stamp
o Multiple screen layout for viewing = 1, 4, 6 &
8 (with rotation function).
o Remote monitoring, control, and recording
via internet.
o Remote playback video clips of locate site,
multiple site connection/monitoring.
o Multi-level Password protection.
o Search playback: by date, time or event.
o Back up: on to CD-RW or DVD-RW.
o Alarm Notification: via sound, pop-up video,
phone, pager, & Internet.
o 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-08-23
DATE
SIGNED: 3. og
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
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.
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= Blvd #202
Business Address Burb - 16
Signature of Bidder(s)
Per D. t_ ,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•' -s , 20
State of California County of
�po ANA t-ES
Subscribed and sworn to (or affirmed),
Before/me on this day , 2 0 1., by
proved to me on the basis of satisfactory
evidence to be the person(.A;3" who
appeared b-tore me.
Signature 11_��
EDDIE MORALES
Commission# 1663282
Notary Public-California
! �'" Los Angeles County
11,1 "'� My Comm.Expires May 29,2010
copy
BID BOND
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
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 , 20 08 .
Westbeach Group, Inc dba West Beach Systems
(Witness) (Principal)
r«=:w
(Title)
Western Insurance Com an _
(Surety)
e(CA/
Clovia L Lehto (Attorney-in-fact)
WEST
YYx ACH
MS
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.
or, yip
P-r D.--
' - - t
West Beach Systems
West Beach Systems
1701 W. Burbank Blvd.#202
T T Burbank, CA 91506
(818)953-4296
t3 WEST
... .r°
BEACH
SYSTFMS
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
`,1 to d (VJt
f,
4-Signature of Notary
:ttNittttittttttttt&
1"."":..............................LAURIE DARGERT
" '. Notary Public-State of Nevada I.
.'� ti a
. ointment Recorded in Washoe County,, Expires Jul 24,2011
= �:�;..
No 07-4152-2•F�cP� Y
(Affix seal in the above blank space)
WESTERN INSURANCE COMPANY
POWER OF ATTORNEY d. b 1 j F_.:
I 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
1 I constitute and appoint Dick L.Rottman,Bradley A.Pearce,Janice L.Bowman,
R.Scott Rottman,Clovia L.Lehto,Amy J.Simpson,Melissa C.Mello
li
i
Of the STATE OF NEVADA its true and lawful Attorneys)-in-Fact,each in their separate capacity if more than one is named above,
to sign its name as surety to,and to execute,seal and acknowledge any and all bonds,undertakings,contracts and other written
instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons;guaranteeing the
performance of contracts:and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings
allowed by law.
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"1 day of June,2006.
WESTERN INSURANCE COMPANY
1 p f
`° , j /
1 -I SEAL < President
I,
'rE OF 10' <- ..
p (Signed)By Z141441:419 .
Secretary A
STATE OF NEVADA)
SS: '
COUNTY OF WASHOE) 1
On this 19f1 day of June,2006,before me personally came DICK L.ROTT,MAN,PRESIDENT of the WESTERN I
INSURANCE COMPANY and CAROL B.INGALLS,SECRETARY of saidC iii. y,with both of whom I am personally
K f
I
`
acquainted,who being by me severall y dul y sworn,said,that the y,the sai Af K L.ROTTMAN and CAROL B.INGALLS were
respectively the PRESIDENT and the SECRETARY of the said WES4ERN INSURAN IO COMPANY, the corporation described in
which executed the foregoing Power of Attorney,that they eaciclkiiw the seal srporation;that the seal affixed to said Power
of Attorney was such corporate seal,that it was so affix," by'order of the B�,� t Directors.0 id corporation,and that they signed
their names thereto by like order as PRESIDEN T�, t d�,i tRETAR,;r cfively,oft i> `p ny. „,
i My Commission expires the 31sttd ih March,20 !� ; yam,i(�
1 PATRICIA A.LETSON r 9(Signed) LA
a
Notary F'uhlr Nate old �'�rl� '�J
oz-la+ p„rr„,,,,,„,par,,,„p„� ;,,,, �tctaA.Letson Notary Public
Nu 06 1044334,EV.. 3I.20O + \
This Power of Attorney is grant e��tli�d �d by authority of the following Resolutions adopted by the Board of Directors
of the WESTERN INSURANCE COMPANY'on June 19,2006.
RESOLVED,that in connection with the fidelity and surety insurance business of the Company,all bonds,undertakings, •
1 contracts and other instruments relating to said business may be signed,executed,and acknowledged by person or entities appointed i
Pas Attomey(s)-in-Fact pursuant to a Power or Attorney issued in accordance with these resolutions. Said Power(s)of Attorney for and
q 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 I 4 �
President,or a Vice President,jointly with the Secretary,under their respective designations. The signature of such officers may be
engraved,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 Attorney(s)-in-Fact for purposes only of executing
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 r
valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal
shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached.
I RESOLVED,that Attorney(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 1
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 Attorney(s)-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. "
I,CAROL B.INGALLS, Secretary of the WESTERN INSURANCE COMPANY,do hereby certify that the foregoing is a a
F 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. 'i
i I,the undersigned Secretary of the WESTERN INSURANCE COMPANY do hereby certify that the foregoing Power of a
1 Attorney is in full force and effect and has not been revoked.
In Testimony Whereof.I have hereunto set my hand and the seal of the WESTERN INSURANCE COMPANY on this f
i 10 day of July 2008 i
lgg 4,41.4reedia i
_ ey. .00.0.4ptA Secretary .
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State OI California
d.=.CONTRACTORS STATE LICENSE BOARD 0.4W.,
ACTIVE LICENSE 3
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L..1.IWmber 778737 EM., CORP
EU N.. WESTBEACH GROUP INC DBA WEST j
BEACH SYSTEMS
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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.
grc= - y Yo, rs,
& D. er
President
West Beach Systems
West Beach Systems
1701 W. Burbank Blvd.#202
Burbank, CA 91506
(818) 953-4296 "`
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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
vj 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,Ill Bid Content and Forms
171 Authorized Signatures Instructions to Bidders
Bidder Identification III Bid Content and Forms
►/ Addendum Received III Bid Content and Forms
g] 90 Day Bid Validity Statement III Bid Content and Forms
III Bid Content and Forms
Ni Authorized Signatures
References III Bid Content and Forms
J] 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
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 rejected.
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 5
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: 818-853-7293
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 fi
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?
Miler / 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: I Received on: 7/3 /04/
3
Addenda No: 2 Rec-' - • • • 411Ik 7/t/o/
Addenda No: Rec='ved on•
4
AUTHORIZED SIGNATURE: y
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
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
Certification of Subcontractor Regarding Equal Employment Opportunity ..page 12
Section 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.gpo.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 proj ect 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, r ocompliance enforced
all under contractor ensuring
subcontractor withDav Davis-Bacon and related Act Requirements. 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 proj ect 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 Docum ents & 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 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 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 pack age. 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/Purchase Order NOTE: HUD form 4010 must be attached to contract
[ ] 5. Bonds (performance/payment or labor and material bonds)
[ ] 6. Completed "Minority and Women Owned Business Enterprise Participation" form
[ ] 7. Completed Bidder/Subcontractor's Certification regarding Equal Employment
[ ] 8. 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 appropriate),are report of the action taken shall be sent by HUD or
The project or program to which the construction work covered by designee a to ree Administrator of the Wage and Hour bDHUDn,
this contract pertains is being assisted by the United States of Employment of the Administrator
Administration,strato of th U.S. Department iv of Lon,
America and the following Federal Labor Standards Provisions are p ten, D.C.20210.The Administrator,U.S or an authorized
Department
included in this Contract pursuant to the provisions applicable to representative,will approve,modify,or disapprove every additional
such Federal assistance. classification action within 30 days of receipt and so advise HUD or
A. 1. (i) Minimum Wages. All laborers and mechanics employed or its designee or will notify HUD or its designee within the 30-day
working upon the site of the work will be paid unconditionally and period that additional time is necessary.(Approved by the Office of
not less often than once a week, and without subsequent deduction Management and Budget under OMB control number 12150140.)
or rebate on any account (except such payroll deductions as are (c) In the event the contractor, the laborers or mechanics to be
permitted by Act 29l CFR issued by the Secretary of Labor under bona the employed in the classification or their representatives, and HUD or
Copeland Abt benefits CFR Part 3), the full is thereof)o wages and bona its designee do not agree on the proposed classification and wage
payment fringe computed at cash not less tthoeef) one at time of rate (including the amount designated for fringe benefits, where
payment computed at rates not less than those contained in the appropriate), HUD or its designee shall refer the questions, including
wage determination of the her Labor which is attached the views of all interested parties and the recommendation of HUD
hereto and made a part herreooff,, regardless rdless of any contractual or its designee, to the Administrator for determination. The
relationship which may be alleged to exist between the contractor Administrator, or an authorized representative, will issue e
and such laborers and mechanics. Contributions made or costs determination within 30 days authorized
receipt and to so advise HUD or its
reasonably anticipated for n bona fide fringe benefits
er under mechanics designee or will notify HUD or its designee within the 30-day period
I(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics that additional time is necessary. (Approved by the Office of
are considered wages paid to such laborers or mechanics, subject ht and Budget necessary.
OMB Control Number the Office
to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions Management
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.
rate and fringe benefits-on-the wage determination for the classi- (iii) Whenever the minimum wage rate prescribed in the contract
fication 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 far r the—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 he contractor to set aside tin a separate account assets for
workers.
(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-
borers and mechanics, including apprentices, trainees and help-
the bears determination. relationship to the wage rates contained in ers, employed by the contractor or any subcontractor the full
help-
the wage determination. amount of wages required by the contract. In the event of failure to
(b) If the contractor and the laborers and mechanics to be em pay any laborer or mechanic, including any apprentice, trainee or
ployed in the classification (if known), or their representatives, and helper,employed or working on the site of the work, all or part
HUD or its designee agree on the classification and wage rate
(including the amount designated for fringe benefits where
Page 1 of 4 HUD-4010(07/2003)
Previous edition is obsolete 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
contracts. (c) The weekly submission of a properly executed certification set
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
anticipated for bona fide fringe benefits or cash equivalents thereof (iii) The contractor or subcontractor shall make the records re
of the types described in Section l(b)(2)(B) of the Davis-bacon quired under subparagraph A.3.(i)available for inspection,copying,
Act), daily and weekly number of hours worked, deductions made or transcription by authorized representatives of HUD or its
designee or the Department of Labor, and shall permit such rep-
and actual wages paid. Whenever the Secretary of Labor has
found under 29 CFR 5.5 (a)(1)(iv)that the wages of any laborer or resentatives to interview employees during working hours on the
mechanic include the amount of any costs reasonably anticipated in job. If the contractor or subcontractor fails to submit the required
providing benefits under a plan or program described in Section records or to make them available, HUD or its designee may, after
I(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain written notice to the contractor, sponsor, applicant or owner, take
records which show that the commitment to provide such benefits such action as may be necessary to cause the suspension of any
is enforceable, that the plan or program is financially responsible, further payment, advance, or guarantee of funds. Furthermore,
and that the plan or 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
costs anticipated or the actual cost incurred in providing such suant to 29 CFR 5.12.
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
State Apprenticeship
(ii) (a) The contractor shall submit weekly for each week in which pprenticeship 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
determination for the work actually performed. Where a contractor
her agent who pays or supervises the payment of the persons
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
nt
required to be maintained under 29 CFR 5.5 main(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
(2) That each laborer or mechanic (including each helper, ap_ shall be observed. Every apprentice must be paid at not less than
prentice,and trainee)employed on the contract during the payroll
the rate specified in the d as program for the apprentice's
level of progress, expressed as a percentage of the
Previous edition is obsolete Page 2 of 4 form HUD-4010(07/2003)
Page 5 of 42 ref.Handbook 1344.1 ,..„« _._
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, 9. 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 (ii) No part of this contract shall be subcontracted to any person
progress, expressed as a percentage of the journeyman hourly rate or firm ineligible for award of a Government contract by virtue of
specified in the applicable wage determination. Trainees shall be Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1)or to be
paid fringe benefits in accordance with the provisions of the trainee awarded HUD contracts or participate in HUD programs pursuant
program. If the trainee program does not mention fringe benefits, to 24 CFR Part 24.
trainees shall be paid the full amount of fringe benefits listed on the iii The penalty for making false statements is prescribed in the
wage determination unless the Administrator of the Wage and Hour U.S.The Code, a U.S.C. statements me tiois prescribed
U.S. Criminal
Division determines that there is an apprenticeship program
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,
tor 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.
form HUD-4010(07/2003)
Previous edition is obsolete 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
payment of the overtime wages required by the clause set forth in (1) No laborer or mechanic shall be required to work in surround-
sub paragraph(1)of this paragraph. ings or under working conditions which are unsanitary, hazardous,
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
withhold or cause to be withheld, from any moneys payable on Secretary The Contractor pursuant ant to with all regulations issued by to
account of work performed by the contractor or subcontractor Secretary may Labor pursuant to Title ct Part 1926 and failure hCon-
under n-
under any such contract or any other Federal contract with the comply may result in imposition of sanctions pursuant to the Con-
same prime contract, or any other Federally-assisted contract tract Work Hours and Safety Standards Act,40 USC 3701 et seq.
subject to the Contract Work Hours and Safety Standards Act (3) The Contractor shall include the provisions of this paragraph
which is held by the same prime contractor such sums as may be in every subcontract so that such provisions will be binding on
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)
ax
ref.Handbook 1344.
4 of 4
Page 7 of 42
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
,max.
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) Address
Subcontractor's Name
CITY State Zip Code
Federal I.D. Number No
led? [ ]Yes [ ]
Subcontract Bid Amount If so,what Minority?
Female owned/controlled? [ ]Yes [ ] No
4) Address
Subcontractor's Name
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
5) Address
Subcontractor's Name
CITY State Zip Code
Federal I.D. Number No
[ ]Yes [ ]
Subcontract Bid Amount If so,what Minority?
Female owned/controlled? [ ]Yes [ ] No
6) Address
Subcontractor's Name
Federal I.D. Number
CITY State Zip Code
Minority owned/controlled? [ ]Yes [ ] No
what Minority?
w
,
Subcontract Bid Amount If so, No
Female owned/controlled? [ ]Yes [ ]
7) Address
Subcontractor's Name
CITY State Zip Code
Federal I.D. Number No
? [ ]Yes [ ]
Subcontract Bid Amount If so, what Minority?
Female owned/controlled? [ ]Yes [ ] No
8) Address
Subcontractor's Name
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) Address
Subcontractor's Name
Federal I.D. Number CITY State Zip Code
$ Minority owned/controlled? [ ]Yes [ ] No
Subcontract Bid Amount If so,what Minority?
2 of 2
Page 10 of 42
Female owned/controlled? [ ]Yes [ ] No
2of2
Page 10 of 42
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.Bidder has participated in av❑ ❑
previous contract r t(If answer is yes, dentify the most recent contract.)
Clause.
Yes
(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
httb://www.eeoc.crovieeolsurvev/index.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, o r 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 q pportunity 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.Bidder has on file an affirmative action program pursuant to Part 60-2 (app lies to non-construction contracts).
Yes❑ No ❑
2.Bidder 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-I survey
or other reports to the Equal Employment Opportunity Commission,
contact the EEOC at 800-669-4000 or inquire online at
http://www.eeoc.qovieeolsunlev/index.htmL
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 new hires worked
who are income employees trainees
es and
low-income and trainees
(including new hires)
Professionals
Technicians
Office/Clerical
Construction By
Trade(List):
1. Trade
2. Trade
3. Trade
4. Trade
5. Trade
_6. Trade
7. Trade
Other(List)
Please check one of the following:
❑0 I am a Section 3 business
❑0 I am not a Section 3 business
00 I am working towards becoming a Section 3 business
If you checked the 3`d box above,please check efforts made to become a Section 3 business:
❑0 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.
❑0 Participated in a HUD program,which promotes the training and employment of low-income residents
00 Participated in a HUD program which promotes the award of contracts to Section 3 businesses
❑0 Coordinated with HUD Youth Build programs
DO 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. 1701u. 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
Davis-Bacon Wage Determination
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
3 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
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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) Sawfiler $ 35.60 9.20
(6) Scaffold Builder $ 27 .46 9.20
(7) Table Power Saw 9.20
Operator $ 35.61
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
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- $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
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.
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ELEC0477-002 06/04/2007
Rates Fringes
Electricians: $ 32.60 3%+14.35
Electrician
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 $8.00 per hour to the current wage scale.
ELEC1245-001 06/01/2007
Rates Fringes
LINE CONSTRUCTION 12.22
(1) Lineman; Cable splicer. .$ 41.02
(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
$ 35 24 11.17
(3) Groundman $ 25.42 11.34
(4) Powderman
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)
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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 x
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 $ 38.16 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.
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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 Toed, lull or similar types under 5
operator; Pump operator;operator;erator; 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 (g rease
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 6(asphaltaoorum
concrete) ; Trenching machine operator (up
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
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) ;
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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
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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 letypes) ; Monorail
locomotive operator (diesel, gas
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
llarr
and similar over 25 yds. and up to 50 yds. struck) ,
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)
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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)
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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 opet rator
3/4 yd. and up to 5 cu. yds. mrc) ; Tugger
GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline,
clamshell operator (over 5 cu. yds. mrc) ;
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
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to and including 200 tons mrc) ; Mobile tower crane operator
(over 100 tons up to and including 200 tons mrc)
GROUP 12: Crane operator (over 200 tons up to and including
300 tons mrc) ; Derrick barge operator (over 200 tons up to
and including 300 tons mrc) ; Hoist operator, stiff legs,
Guy derrick or similar type (over 200 tons, up to and
including 300 tons mrc) ; Mobile tower crane operator (over
200 tons, up to and including 300 tons mrc)
GROUP 13: Crane operator (over 300 tons) ; Derrick barge
operator (over 300 tons) ; Helicopter pilot; Hoist operator,
stiff legs, Guy derrick or similar type (over 300 tons) ;
Mobile tower crane operator (over 300 tons)
TUNNEL CLASSIFICATIONS
GROUP 1: Skiploader (wheel type up to 3/4 yd. without
attachment)
GROUP 2: Power-driven jumbo form setter operator
GROUP 3: Dinkey locomotive or motorperson (up to and
including 10 tons)
GROUP 4 : Bit sharpener; Equipment greaser (grease truck) ;
Slip form pump operator (power-driven hydraulic lifting
device for concrete forms) ; Tugger hoist operator (1 drum) ;
Tunnel locomotive operator (over 10 and up to and including
30 tons)
GROUP 5: Backhoe operator (up to and including 3/4 yd. ) ;
Small Ford, Case or similar; Drill doctor; Grouting machine
operator; Heading shield operator; Heavy-duty repairperson;
Loader operator (Athey, Euclid, Sierra and similar types) ;
Mucking machine operator (1/4 yd. , rubber-tired, rail or
track type) ; Pneumatic concrete placing machine operator
(Hackley-Presswell or similar type) ; Pneumatic heading
shield (tunnel) ; Pumperete gun operator; Tractor compressor
drill combination operator; Tugger hoist operator (2 drum) ;
Tunnel locomotive operator (over 30 tons)
GROUP 6: Heavy Duty Repairman
GROUP 7: Tunnel mole boring machine operator
ENG10012-004 08/01/2007
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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
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(6) Barge Mate
$ 36.59 15.82
IRON0002-004 07/01/2007
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Ironworkers: $ 29.62 20.915
Fence Erector
Ornamental, Reinforcing 20.915
and Structural $ 30.51
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
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Brick Tender
$ 25.47 13.25
LAB00300-003 07/01/2007
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LABORER: Gunite $ 27.79 16.62
GROUP 1 $ 26.84 16.62
GROUP 2
GROUP 3 $ 23.30 16.62
Laborer: Tunnel $ 29.04 13.54
GROUP 1 $ 29.36 13.54
GROUP 2 $ 29.82 13.54
GROUP 3
GROUP 4 $ 30.51 13.54
Laborers: $ 24.63 13.25
GROUP 1 $ 25.18 13.25
GROUP 2 $ 25.73 13.25
GROUP 3 $ 27.28 13.25
GROUP 4
GROUP 5 $ 27.63 13.25
FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a
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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,
pot person and workers applying asphalt, lay-kold,
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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
person; Grout pump person; Jackleg miner; Jumbo person;
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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
Plasterer tender 13.20
$ 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.
LA300882-002 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
(4) Electronic Tracking
Locator $ 29.46 8.81
Laborers: (STRIPING/SLURRY
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SEAL) $ 26.39 11.47
GROUP 1 $ 27.69 11.47
GROUP 2 $ 29.70 11.47
GROUP 3
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
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Painters: (Including Lead
Abatement) $ 25.20 8.14
(1) Repaint
(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
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DRYWALL FINISHER/TAPER $ 31.64 10.87
PAIN0036-015 06/01/2007
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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
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SOFT FLOOR LAYER $ 29.85 9.04
PLAS0200-008 01/01/2005
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PLASTERER $ 28.29 7.46
FORT IRWIN; GEORGE AIR FORCE BASE; MARINE CORPS AIR STATION
29 PALMS, AND MARINE CORPS LOGISTICS SUPPLY BASE: $3.00
additional per hour.
PLAS0500-002 07/01/2007
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CEMENT MASON/CONCRETE FINISHER. . .$ 28.00 16.45
PLUM0016-002 01/01/2008
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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
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Palms Marine Base
$ 40.86 15.91
PLUM0345-001 01/01/2008
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PLUMBER 12.66
Landscape/Irrigation Fitter.$ 25.18 14.79
Sewer & Storm Drain Work. . . .$ 22.99
R00F0036-002 08/01/2007
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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
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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:
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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 $ 37.08 14 .61
work
(2) Industrial work
including air pollution
control systems, noise
abatement, hand rails,
guard rails, excluding
aritechtural sheet metal
work, excluding A-C,
heating, ventilating
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systems for human comfort. . .$ 32.01 19.92
TEAM0011-002 07/01/2007
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Truck drivers:
GROUP 1 $ 25.44
GROUP 2 17.39
GROUP 3 $ 25.59 17.39
$ 25.72 17.39
GROUP 4 $ 25.91
GROUP 5 17.39
$ 25.94 17.39
GROUP 6 $ 25. 97
GROUP 7 17.39
GROUP 8 $ 26.22 17.39
$ 26.47 17.39
GROUP 9 $ 26.67
GROUP 10 17.39
$ 26.97 17.39
GROUP 11 $ 27.47
GROUP 12 17.39
$ 27.90 17.39
WORK ON ALL MILITARY BASES:
PREMIUM PAY: $3.00 per hour additional.
[29 palms Marine Base, Camp Roberts, China Lake, Edwards AFB,
Fort Irwin, George AFB, Marine Corps Logistics Base at Nebo
& Yermo, Mountain Warfare Training Center, Bridgeport,
Point Arguello, Point Conception, Vandenberg AFB]
TRUCK DRIVERS CLASSIFICATIONS
GROUP 1: Truck driver
GROUP 2: Driver of vehicle or combination of vehicles - 2
axles; Traffic control pilot car excluding moving heavy
equipment__permit load; Truck mounted broom
GROUP 3: Driver of vehicle or combination of vehicles - 3
axles; Boot person; Cement mason distribution truck; Fuel
truck driver; Water truck - 2 axle; Dump truck, less than
16 yds. water level; Erosion control driver
GROUP 4: Driver of transit mix truck, under 3 yds.; Dumperete
truck, less than 6-1/2 yds. water level
GROUP 5: Water truck, 3 or more axles; Truck greaser and tire
person ($0.50 additional for tire person) ; Pipeline and
utility working truck driver, including winch truck and
plastic fusion, limited to pipeline and utility work;
Slurry truck driver
GROUP 6: Transit mix truck, 3 yds. or more; Dumperete truck,
6-1/2 yds. water level and over; Vehicle or combination of
vehicles - 4 or more axles; Oil spreader truck; Dump truck,
16 yds. to 25 yds. water level
GROUP 7: A Frame, Swedish crane or similar; Forklift driver;
Ross carrier driver
GROUP 8: Dump truck, 25 yds. to 49 yds. water level; Truck
repair person; Water pull - single engine; Welder
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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
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2. ) If the answer to the question in 1. ) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc. ) that the requestor considers relevant to the issue.
3. ) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board) . Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4. ) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA2008... 6/9/2008
AFFIRMATIVE ACTION COMPLIANCE
GUIDELINES FOR CONSTRUCTION AND
NON-CONSTUCTION CONTRACTORS
CERTIFICATION OF COMPLIANCE
WITH AIR AND WATER ACTS
(Applicable to Federally assisted construction contracts
and related subcontracts exceeding $100,000.00 )
During the performance Contract, and
subcontractors shall comply the
requirements of the Clean Ait a , as amended, 42 U.S.C. 857 et seq the F ederal 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 CF R 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 Contract or subcontractors,subcontract, listed yonothee Listl'of Violating
performance of any nonexempt
Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20.
(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, U.S.C. relating inspection, monitoring entry, d infor lo
as well as all other uirementsspec fied 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(1) the through (3) of thisinclude,
se tion in to be anddrequ equirements in the
paragraph (1) through ( )
Contractor will take such action as the Government may direct as a means of enforcing such
provisions.
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
timetables or affirmative action standards to status, hours worked per week in the indicated
against any trade, rate of pay, and locations at which the
discriminate a
9 y person because of work was performed. Records shall be
race, color, religion,sex, or national origin. maintained in an easily understandable and
11. The Contractor shall not enter into any retrievable form; however, to the degree that
Subcontract with any person or firm debarred existing records satisfy this requirement,
from Government contracts pursuant to contractors shall not be required to maintain
Executive Order 11246. separate records.
12. The Contractor shall carry out such 15. Nothing herein provided shall be construed as a
sanctions and penalties for violation of these limitation upon the application of other laws
specifications and of the Equal Opportunity which establish different atandards of
Clause, including suspension, termination and compliance or upon the application of
cancellation of existing subcontracts as may be requirements(e for the hiring r local or other area
imposed or ordered pursuant to Executive Order residents (e.g. those under the Public Works
11246, as amended, and its implementing Employment Act of 1977 and the Community
regulations, by the Office of Federal Contract Development Block Grant Program).
Compliance Programs. Any Contractor who fails
to carry out such sanctions and penalties shall a) The notice set forth in 41 CFR 60-4.2 and
be in violation of these specifications and the specifications set forth in 41 CFR 60-4.3
Executive Order 11246, as amended. replace the New Form for Federal Equal
Employment Opportunity Bid conditions for
13. The Contractor, in fulfilling its obligations under Federal and federally Assisted Construction
these specifications, shall implement specific published at 41 CFR 32482 and commonly
affirmative action steps, at least as extensive as known as the Model Federal EEO Bid
those standards prescribed in paragraph 7 of Conditions, and the New Form shall not be
these specifications, so as to achieve maximum used after the regulations in 41 CFR Part
4.
results from its efforts to ensure equal 60-4 become effective.
employment opportunity. If the Contractor fails
to comply with the requirements of the Executive Minority Goals
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-Pacifc Region at(415)848-6969.
Government and to keep records. Records shall
8 of 8
Page 27 of 42
that the EEO policy and the
h. specific review of these items with Contractor's obligations under these
Superintendents,supervisory personnel such n, specifications are being carried out.
Superintendents, General Foremen, p
etc., prior to the initiation of o Ensure that all facilities and company
construction work at any job site.and activities are nonsegregated except
maintained record shah be made and that separate or single-user toilet and
maintained identif me meetings,item and necessary changing facilities shall be
place of these meatter persons provided to assure privacy between the
attending, subject matter discussed, sexes.
and disposition of the subject manner.
p. Document and maintain a record of all
i. Disseminate the Contractor's EEO solicitations of offers for subcontracts
policy sing in by including it in any from minority and female construction
advertising in the news media, contractors and suppliers, including
female news including minority and circulation of solicitations to minority
written news ion to, and providing and female contractor associations and
written notification to and discussing other business associations.
the contractor's EEO policy with other
Contractors and Subcontractors with q Conduct a review, at least annually, of
whom
the contractor does or all supervisors; adherence to and
anticipates ticipates doing business. performance under the Contractor's
Direct its recruitment efforts, both oral EEO policies and affirmative action
j.
and written, to minority, female and obligations.
community organizations, to schools
8. Contractors are encouraged to participate in
with minority and female students and voluntary associations, which assist in fulfilling
to minority and female recruitment and one or more of their affirmative action obligations
Contractor's organizations e recruitment serving the (7a—P). The efforts of a contractor association,
Contractor's rshalltment source, the joint contractor-union, contractor-community or
Contractor shall send written other similar group of which the contractor is a
notification a ribs organizations such as the member and participant may be asserted as
above, describing the openings,
screening procedures, and tests to be fulfilling any one or more of its obligations
provided that the contractor actively participates
used in the selection process. in the group, makes every effort to assure that
- the group has a positive impact on the
k. employees present minority and female employment of minorities and women in the
employees to women other minority where industry, ensures that the concrete benefits of
persons and women and, where the program are reflected in the Contractor's
reasonable, provide after school, minority and female workforce participation
summer and vacation employment to makes a good faith effort to meet its individual
siteand i no female youth f a Contractors on the goals and timetables, and can provide access to
work and in other areas of a Contractor s documentation which demonstrates the
work force. 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
7 of 8
Page 26 of 42
5. Neither the provisions of any collective
bargaining agreement, nor the failure by a union action was taken with respect u each
with whom the Contractor has a collective such individual. If such individual was
bargaining agreement,to refer either minorities sent to the union hiring hall for referral
or women shall excuse the Contractor's and was not referred back to the
obligations under these specifications, Executive Contractor by the union or, a if referred,
Order 11246,or the regulations promulgated not employed by the Contractor, this
pursuant thereto. shall be documented in the file with the
reason therefore, along with whatever
6. In order for the nonworking training hours of additional actions the Contractor may
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.
7. 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 of which the —
Contractor's employees are assigned to f. Disseminate the Contractors 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
6 of 8
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
involving any construction trade,it shall
CONSTRUCTION CONTRACT PROVISIONS physically include in each subcontract in excess
of$10,000 the provisions of these specifications
(EXECUTIVE ORDER 11246, PURSUANT TO and the Notice which contains the applicable
41 CFR 60-4.3 (a) 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 3. If the Contractor is participating(pursuant to 41
geographical area which this in the CFR 60-4.5)in a Hometown Plan approved by
resulted; from which this contract the U.S. Department of Labor in the covered
resulted; area either individually or through an
association, its affirmative action obligations on
b "Director means Director,Compliance of all work in the Plan area(including goals and
Programs, Contract Compliance timetables)shall be in accordance with the plan
Lab r, or United person Department the for those trades which have unions participating
Labor, or any peruth it whom the in the Plan. Contractors must be able to
Director delegates authority, demonstrate their participation in and
compliance with the provisions of any such
c mans the identification Social number" Hometown Plan. Each Contractor or
means the dedoral Social Secures Subcontractor participating in an approved Plan
number used on the Employer's is individually required to comply with its
Quarter Federal Tax Return. U.S. obligations under the EEO clause, and to make
Treasury Department form 941. a good faith effort to achieve each goal under
the Plan in each trade in which it has employees.
d. "Minority" includes The overall good faith performance by other
Contractors or Subcontractors toward a goal in
(i) origins (all persons having
Bla Black an approved Plan does not excuse any covered
of ica in any grof oups ps not Contractor's or Subcontractor's failure to take
Hispanic racial groups not of good faith efforts to achieve Plan goals and
Hispanic origin): timetables.
(ii) Hispanic (all persons of 4. The Contractor shall implement the specific
Cuban, Puerto South affirmative action standards provided in
Cuban, Central r South paragraphs 7a through p of these specifications.
Culture ri other Spanish The goals set forth in the solicitation from which
Culture or origin, regardless of the contract resulted are expressed as
race); percentages of the total hours of employment
and Pacific Islander (all and training of minority and female utilization the
(iii) Asian an Contractor should reasonable the able to
persons having peoples in any achieve in each construction trade in which it
Far r East,i Sou peoples a, the has employees in the covered area. Covered
Far S Southeast Asia, the Construction contractors performing construction
Indian Subcontinent, or the work in geographical areas where they do not
Pacific Islands);and have 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.
5 of 8
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
This clause is inserted pursuant to the Rehabilitation Act of the Director, provided by or through the contracting
1973(P.L. 93-112)and 41 CFR Sec.60-741-4. officer.
(5) Such notices shall state the Contractor's obligation
(1) The Contractor will not discriminate against any
employee or applicant for employment because of under the law to take affirmative action to employ
physical or mental t for handicap in regard because
any and advance in employment qualified handicapped
position for which the employee or applicant for employees and applicants for employment, and the
rights of applicants and employees.
employment is qualified. The Contractor agrees to
take affirmative action to employ, advance in
employment and otherwise treat qualified (6) The Contractor will notify each labor union or
handicapped individuals without discrimination representative of workers with which it has a
collective bargaining agreement or other contract
based upon their physical or mental handicap in all
employment understanding, that the Contractor is bound by the
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 for training, including apprenticeship. Y pped individuals.
(2) The Contractor agrees to comply with the rules, (7) The Contractor will include the provisions of this
regulations and relevant orders of the Secretary of clause in every subcontract or purchase order of
Labor issued pursuant to the Act. $2,500.00 or more unless exempted by rules,
regulations or orders of the Secretary issued
(3) In the event of the Contractor's non-compliance with pursuant to Section 503 of the Act, so that such
the requirements of this clause, actions for provisions will be binding upon each Subcontractor
noncompliance may be taken in accordance with the or vendor. The Contractor will take such action with
rules, regulations and relevant orders of the respect to any subcontract or purchase order as the
Secretary of Labor issued pursuant to the Act. Director of the Office of Federal Contract
Compliance Programs may direct to enforce such
provisions, including action for noncompliance.
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
10 In the event of the Contractor's noncompliance with
Contractor proposes to fill from within his own ( ) the requirements of this clause, actions for
organization or to fill pursuant to a customary and noncompliance may be taken in accordance with the
This employer doe union apply arrangement.a aartcular rules, regulations and relevant orders of the
opis exclusion does not apply ry
Secreta of Labor issued pursuant to the Act.
opening once an employer decides to consider
applicants outside of his own organization or
employer union arrangement for that opening. (11) places Contractor
able to agrees employees and in conspicuous
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
o
not limited to,openings which occur in the following obligation and the law
ae to
nta e affirmative qui ni to
job categories: production and non-production; plant employ d
a
and office;laborers and mechanics;supervisory and disaemployment,bdensand veterans
s of hepVieaas ara
non-supervisory;technical; and executive,
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 clause
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
Contractor will take such action with respect to any
b.°Appropriate-office of the-State employment service subcontract or purchase order as the Director of the
system"means the local office of the Federal-State Office of Federal Contract Compliance Programs
national system of public employment offices with may direct to enforce such provisions, including
assigned responsibility for serving the area where action for noncompliance.
the employment opening is to be filled,including the
District of Colombia,Guam, Puerto Rico and the (14) Collective bargaining agreement or other contract
Virgin Islands. understanding, that the Contractor is bound by the
terms of the Vietnam Era Veterans' Readjustment
c. "Openings which the Contractor proposes to fill from Assistance Act, and is committed to take affirmative
within his own organization"means employment action to employ and advance in employment
openings for which no consideration will be given to qualified disabled veterans and veterans of the
persons outside the Contractor's organization Vietnam Era.
(including any affiliates,subsidiaries and the parent
companies)and includes any openings which the (15) The Contractor will include the provisions of this
Contractor proposes to fill from regularly established clause in every subcontract or purchase order of
"recall"lists. $10,000 or more unless exempted by rules,
regulations or orders of the Secretary issued
d. "Openings which the Contractor proposes to fill pursuant to the Act, so that such provisions will be
pursuant to a customary and traditional employer- binding upon each subcontractor or vendor. The
union hiring arrangement"means employment Contractor will take such action with respect to any
openings which the Contractor proposes to fill from subcontract or purchase order as the Director of the
union halls,which is part of the customary and Office of Federal Contract Compliance Programs
traditional hiring relationship which exists between may direct to enforce such provisions, including
the Contractor and representatives of his action for noncompliance
employees.
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 VIETN.A_M ERA the job training under 38 USC Sec. 1787. 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
against any after final payment under the contract, during which
(1) The Contractor will not discriminate a
9 y 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
practices 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
Secretary of Labor, pursuant thereto, and will permit
EQUAL OPPORTUNITY CLAUSES 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
the nondiscrimination clauses of this contract or with
federally-assisted contract. Each nonexempt any nondiscrimination
such rules, regulations or this contract
this contract
prime contractor shall include equal employment may be canceled, terminated or suspended in whole
opportunity clauses in each of its nonexempt or in part, and the Contractor may be declared
subcontractors. 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
tl in
rule, regulation Order 10 24 of the Secretary 4f
CONTRACTS Labor,or as otherwise provided by law.
of
This clause is inserted pursuant to Executive Order 11246 of (7) The Contractor will include in the provisions
ovi tract or
September 24, 1965, as amended, and Title VII of the Civil paragraphs (1) through (7) every
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 or er 2of the Secretary of Lab r issued d pursuant to
and subcontractors 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 The applicant further agrees that it will be bound by
con The Cont agrees to post in the above equal opportunity clause with respect to its
conssenticeship.picuous- places, available Contractor or to employees and own employment practices when it participates in
applicants for employment, notices to be provided by federally construction work;provided,that if
the contracting officer setting forth the provisions of the applicant so participating is a State or local
this nondiscrimination clause. government,the above equal opportunity clause is not
applicable to any agency, instrumentality or
(2)The Contractor will, in all solicitations or subdivision of such government which does not
advertisements for employees placed by or on behalf subdivision
in such
on or under the which does
of the Contractor, state that all qualified applicants will
receive consideration for employment without regard The applicant agrees that it will assist and cooperate
to race,color, religion,sex,or national origin. actively with the administering agency and the
Secretary of Labor in obtaining the compliance of
(3) The
Contractor will send to each labor union contractors and subcontractors with the equal
representative of workers with which he has a a ortunit clause and the rules, regulations,and
collective bargaining agreement or other contract or o relevant orders of the Secretary of Labor,that it will
understanding, a notice to be provided by the agency furnish the administering agency and the Secretary of
contracting prese advising the labor union or Labor in obtaining the compliance of contractors and
workers' representative of the Contractors subcontractors with the equal opportunity clause
commitments under Section 202 of Executive Order and t the rules,with the and relevant orders of the
11246 th of September 24, 1965, and shall post copies to Secretary of Labor,that it will furnish the administering
employees the notice in conspicuous places available to agency and the Secretary of Labor such information
employees and applicants for employment. as they may require for the supervision of such
compliance, and that it will otherwise assist the
(4) Executive contractor 11246 comply tam all provisions 1965. and administering agency in the discharge of the agency's
Executive Order regulations,of September 24, 1965. and primary responsibility for securing compliance.
of the rules, regulations, and relevant orders of the p ry p
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 Labor's 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)193-112 as amended. (29 USCA 701-794). )
2. The answer shall contain a statement of the facts,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
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 3. Is generally regarded as having such an
number of minorities and women in the work force by impairment.
setting employment goals and timetables, including
action to achieve objectives. Affirmative Action seeks M. "Implementing Entity" means public jurisdiction who is
to ensure that discrimination is eliminated in administering the contract.
dealings with employees or applicants for
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.
2. Hispanic (all persons of Mexican, Puerto Rican,
B. "Affirmative Action Plan" is a written affirmative plan Cuban, Central or South American or other
required of contractors and subcontractors who have Spanish Culture or origin, regardless of race);
50 or more employees and have entered into a
contract with the implementing entity that exceeds 3_ Asian or Pacific Islander (all persons having
$50,000, or $50,000 in contracts over a 12-month origins in any of the original peoples of the Far
period. East, Southeast Asia, the Indian subcontinent or
the Pacific Islands);
C. "Contract" means a federally-assisted purchase order,
offer and acceptance, lease, agreement or other 4 American India or Alaskan native (all p
arrangement creating an obligation to which the having origins India
in any Alaskan
the native peoples of persons
North
implementing entity is a party,which would make one America and maintaining identifiable tribal
of the parties within the definition a contractor. affiliations through membership and participation
D. "Construction" means the construction, rehabilitation,
in community identification).
alteration, conversion, extension, demolition or repair O Non-construction Contract" means any contract that
of buildings, highways or other changes or does not fall within the definition of "Construction
improvements to real property, including facilities Contract".
providing utility services.
P. "Officer" means the Contract Compliance Officer of
E. "Contractor" means a prime contractor or the implementing entity or U.S. Department of Labor
subcontractor. Office of Federal Contract Compliance Program
F. "Covered Area" means the geographical area
(OFCCP)Officer.
described in the solicitation from which the contract Q. "Persons" means any individual, firm, co-partnership,
resulted; public service, joint venture, association, social club,
fraternal organization, corporation, estate, trust
G. "Director" means Director, OFCCP, U.S> Dept. of receiver, syndicate CITY, county, municipal
Labor, or any person to whom the Director delegates corporation, district or other political subdivision, or
authority ity to; any other group or combination acting as a unit.
H. "Employee" means one who performs work for R. "Underutilization" means having fewer minorities or
compensation, a person who is permanently or women in a particular job classification than would
regularly employed by the contractor or subcontractor. reasonably be expected by their availability.
I. "Employer Identification Number" means the Federal
S. "Vietnam-Era Veteran"means a person who:
Social Security Number;
1. Served on actual duty for a period of more than
J. "Handicapped Status"means any person men: 180 days, any part of which occurred between
1. Has a physical or mental impairment, which August 5, 1964, and May 7, 1975, and was
major life
substantially activvities.tanmits one or more of such person's discharged or released therefrom with other than a
mao 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
active duty was performed between August 5,
impairment. 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
GUIDELINES FOR 2. The implementing entity is committed to insuring
that there be no discrimination by vendors,
CONSTRUCTION AND NON- contractors (including professional services and
CONSTRUCTION CONTRACTORS consultants), lessors, or lessees doing business
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
Action for federally-assisted projects. Contractors are urged 1. Personnel affirmative action in recruitment, hiring,
to contact the implementing entity or the U.S. Department of and promotion is required by contractor and
Labor's Office of Federal Contract Compliance Programs subcontractors who have entered into a federally-
(OFCCP)officer for any necessary technical assistance in assisted construction or non-construction contract
meeting Affirmative Action requirements if they are that exceed $10,000 or $10,000 in the aggregate
considering bidding under this contract. over a 12-month period.
I. AFFIRMATIVE ACTION COMPLIANCE PROGRAM 2. Contractors and subcontractors who enter into a
A. The Affirmative Action program embodies the CONSTRUCTION CONTRACT in excess of
following principals: $10,000 must take 16 specific affirmative action
steps to ensure equal employment opportunity.
1. Discrimination because of race, color, age, sex, These steps are included in 41 CFR 60-4.3(a)(7)
religion, national origin, marital status, disability, and are also included under"Standard Federal
or veteran's status is inconsistent with the Equal Employment Opportunity Construction
constitution, laws, and policies of the United Contract Specifications"of Attachment"D"of the
States, State of California and County of San bid package.
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
NONCONSTRUCTION CONTRACT and who: 1) 8. National security contracts
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 ,f,-
develop a written Affirmative Action Program
within 120 days after the contract award date. further information.
2. All subcontractors rendering services or supplies II. SATISFYING AFFIRMATIVE ACTION PLAN
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, q
must develop a written Affirmative Action NONCONSTRUing: contractors can be met
Program within 120 days after the contract award through the following:
1. Completing a Contract Compliance Qualifying
D. Exemptions under 41 CFR 60: Report for Non-construction Contractors and
Vendors, (refer to the form found in the"Additional
The following persons/contracts shall be exempt from Required Documents/ Sample Documents"
this program: section of Attachment"D"of the bid package).
1. A contract or contracts by a contractor that 2. Completing a contractor's Affirmative Action
do not exceed$10,000 in the aggregate over a Policy, including methods of recruiting minorities
12-month period. and women. If the contractor does not have its
own Affirmative Action Policy, it may adopt the
2. Contracts for Work outside the United County's model Affirmative Action Policy ((refer to
States the form found in the "Additional Required
Documents/ Sample Documents" section of
3. 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
0
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 authoriz ed 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
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Department of Labor Form Approved.
Wage and Hour Division Budget Bureau No 44-R1093
STATEMENT OF COMPLIANCE
Date
,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 11/68)Purchase trios form directly from the Supt.of Documents
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 plovees whether as basic
rates or as cash in lieu of fringes. The contractor shall represent in the statem ent 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 .
I. JOB CATEGORY construction of highways,buildings,and other facilities;unskilled
worker who brings materials to,and does preparation work for,
Data to be completed for all listed job categories of employees. skilled workers in a trade.
Definitions:ions:
Administrators: Occupations which require that employees set Service Workers: Occupations in which workers perform duties
broad policies,exercise overall responsibility for execution of which result in or contribute to the comfort,convenience,
p phase upkeep and care of buildings,facilities or grounds of public
of the contractor's direct of e a ions,or provide v e specialized ci a special uale property. Workers in this category may operate machinery.
of the contractor's operations,or s ecialized 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
workers. laborers.
Professional: Occupations which require specialized and II. CURRENT WORK FORCE
theoretical knowledge which is usually acquired through college This category is to establish the contractor's current employee
training or through work experience and other training which status.
provides comparable knowledge.
contractor is to fill out the
A. Total number of employees: 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
through 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, D. Asian or Pacific Islanders: The contractor is to place
surveyors,licensed practical nurses,photographers,radio current number of employees of contractor
or Pacific Island
operators,technical illustrators,highway technicians,technicians origin t each number of
this l oleos for Asiajob category.
(medical,dental,electronic,physical sciences),assessors,
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
Native employees in each box in this column for each job
exchange of property of any kind,or of services for an agreed 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 l o of internal and external m t on and 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: In each box in this column the contractor
clerk typists,stenographers,statistical clerks,dispatchers, shall place the total 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
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SAMPLE - AFFIRMATIVE ACTION PLAN PART 2 -
AFFIRMATIVE ACTION POLICY
FOR CONTRACTORS, SUBCONTRACTORS AND VENDORS
gn p{
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, Title VII of the Civil Rights Act of 1964, Section 503
of the Rehabilitation Act of 1973; the California Fair Employment Practice Act, and the implementing
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 a vailable 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 nondiscrim inatory 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-
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.
fl A. This is now a practice of our Company.
LJ 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.
Li A. This is now a practice of our Company.
L 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)
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, m inority 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 fr,,,
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.
LI 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.1/31/2000)
Office of Labor Relations
Public reporting burden for this collection of information is estimated to average 15 minutes per res ponse,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 you
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 the 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
Mme;
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
$
5. Your job classification(s)(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-ha If 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(5/93
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 BERNARDINO
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. 1 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.Reimb. 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: Approved by:
Page 1 of 1
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__ umber: 215-32103/3038
Heights Community Center
Name/Address of Contractor A eg ncy:
Date of Issue:
Boys and Girls Club of San Bernardino X Original:Beginning
1180 West 9th Street Amendment#
San Bernardino,CA 92411
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: On File w/CDH
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:
g
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$ 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
SECTION V
GENERAL-SEPCIFICAT-IONS
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.
4. Bids shall be firm offers, subject to acceptance or rejection within 90 days of the opening
thereof.
5. 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.
11. 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).
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,
signed and sealed,to the Purchasing Division, Finance Department at 300 North"D"Street,
4tn 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.
increments.
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.
AGREEMENT FOR SERVICES
AGREEMENT FOR SERVICES
This AGREEMENT is made and entered into this
1‘771- of /4/fast— 2008, by and
between the CITY OF SAN BERNARDINO, California.EST BEACH STEMSh hereinafter ref to as
"CITY" and WESTBEACH GROUP, INC DBA
"CONTRACTOR".
WITNESSETH
WHEREAS, City 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 agreed, 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 July 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.
4. CHANGES/EXTRA SERVICES
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 any increase or change,e, which has not been so incorporated,
Contractor for the change in scope. Any g
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.
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
e
upon receipt of itemized invoices, submitted triplicate
performed by task.tContractor wger.
invoice amount will be based on t he actual work
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 City 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;
2. 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.
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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 City, and the City agrees to hold
harmless and indemnify Contractor of any Contractor oshall be tcompens compensated for such
fees and liability arising out o such use
services in accordance with Exhibit"1".
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.
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•
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
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.
11. 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 Systems Director of Facilities Management
Per D. Fasmer 300 N. "D" Street
1701 W. Burbank Blvd. #202 San Bernardino, CA 92418
Burbank, CA 91506
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
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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 StateothenState Auditor, from the
any duly authorized
payment under the contract. The
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 any books, records,inationscexcerpts andetransactionsthand pertinent to
the contract for audits,
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
other persons in
consequence of the
programs or
officers, employees, agents, and duly
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 hale judgments,
Contractor from and against, any
and all claims, demands, suits, actions, proceedings,
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
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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 pro visions 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,the subject matter t thereof.
ThisnAg e Agreement agreements, whether writtwritten instrument signed by both parties.
may be amended only by
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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.
1111100
LUZI jBY: (kJ BY: Si• ature
Fred Wilson, City Ma r
City of San Bernardino
NAME: t
TITLE: � ---Si bEJN/
ATTEST:
BY: k`
Rache Clark, City Clerk
City of San Bernardino
Approved as to form:
JAMES F. PENMAN
City Attorney
BY: , •P -�