HomeMy WebLinkAbout2011-009
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
3 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A VENDOR
4 SERVICE AGREEMENT AND ISSUANCE OF A PURCHASE ORDER IN THE
AMOUNT OF $374,615 BETWEEN THE CITY OF SAN BERNARDINO AND
5 ROADWAY ENGINEERING AND CONTRACTING INC. FOR THE
CONSTRUCTION OF THE VERDEMONT COMMUNITY CENTER AND
6 LANDSCAPING AT AL GUHIN PARK PER CAPITAL IMPROVEMENT PROGRAM
7 PROJECT PR04-28.
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RESOLUTION NO. 2011-9
WHEREAS, Roadway Engineering and Contracting Inc. is the lowest and best bidder
for the construction of the Verdemont Community Center and landscaping at Al Guhin Park per
San Bernardino Municipal Code Section 3.04.070 (f) and Plan No. 12762; and
WHEREAS, the term of the Agreement shall be from February 1, 2011 through June
30,2011.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Manager of the City of San Bernardino is hereby authorized to
execute on behalf of said City an Agreement between the City of San Bernardino and Roadway
Engineering and Contracting Inc., a copy of which is attached hereto, marked as Exhibit "A",
and incorporated herein by this reference as fully as though set forth at length.
SECTION 2. That pursuant to this determination the Director of Finance or her
designee is hereby authorized to issue a purchase order to Roadway Engineering and
Contracting Inc. in the amount of$374,615 for FY 10-11.
SECTION 3. The authorization to execute the above referenced Purchase Order and
Agreement is rescinded if it is not executed by both parties within sixty (60) days of the passage
of this resolution.
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RESOLUTION NO. 2011-9
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A VENDOR
SERVICE AGREEMENT AND ISSUANCE OF A PURCHASE ORDER IN THE
AMOUNT OF $374,615 BETWEEN THE CITY OF SAN BERNARDINO AND
ROADWAY ENGINEERING AND CONTRACTING INC. FOR THE
CONSTRUCTION OF THE VERDEMONT COMMUNITY CENTER AND
LANDSCAPING AT AL GUHIN PARK PER CAPITAL IMPROVEMENT PROGRAM
PROJECT PR04-28.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
joint
Common Council of the City of San Bernardino at a regu1armeeting thereof, held on the 24th
day of January' 2011, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ x
x
DESJARDINS
BRINKER x
SHORETT x
KELLEY x
JOHNSON x
McCAMMACK x
~k.~
Racliel Clark, City Clerk
The foregoing resolution is hereby approved this ~~ay of ~anuary ,2011.
~~
~ J. Morns, Mayor
City of San Bernardino
2011-9
VENDOR SERVICE AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND
ROADWAY ENGINEERING AND CONTRACTING INC.
This Vendor Service Agreement is entered into this ~ day of January
2011, by
and between Roadway Engineering and Contracting Inc. ("VENDOR") and the City of San
Bernardino ("CITY" or "San Bernardino").
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY to contract for the construction of the Verdemont
Community Center and landscaping at Al Guhin Park; and
WHEREAS, the City of San Bernardino did solicit and accept bids from available
vendors for construction services per Plan No. 12762; and,
WHEREAS, Vendor is the lowest and best bidder to provide said services to City;
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages the services of
VENDOR to provide those products and services as set forth in Verdemont Community Center
Bid Specifications Plan No. 12762, for the construction of the Verdemont Community Center
and landscaping at Al Guhin Park, attached hereto as Exhibit "B" and incorporated herein by this
reference.
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR, pursuant to the bid summary sheet for vendor attached hereto as
Attachment "1" and made a part hereof, an amount not to exceed amount of
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2011-9
$374,615.00, for the construction of the Verdemont Community Center and
landscaping at Al Guhin Park.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
3. TERM; TERMINATION.
The term of this agreement shall be from February 1,2011 through June 30, 2011.This
Agreement may be terminated at any time by thirty (30) days prior written notice by either party.
The terms of this Agreement shall remain in force unless amended by written agreement of the
parties executed on or before the date of expiration of the current term of the agreement.
4. INDEMNITY.
Vendor agrees to and shall indemnify and hold the City, its elected officials, employees,
agents or representatives, free and harmless from all claims, actions, damages and liabilities of
any kind and nature arising from bodily injury, including death, or property damage, based or
asserted upon any or alleged act or omission of Vendor, its employees, agents, or subcontractors,
relating to or in any way connected with the accomplishment of the work or performance of
service under this Agreement, unless the bodily injury or property damage was actually caused
by the sole negligence of the City, its elected officials, employees, agents or representatives. As
part of the foregoing indemnity, Vendor agrees to protect and defend at its own expense,
including attorney's fees the City, its elected officials, employees, agents or representatives from
any and all legal actions based upon such actual or alleged acts or omissions. Vendor hereby
waives any and all rights to any types of express or implied indemnity against the City, its
elected officials, employees, agents or representatives, with respect to third party claims against
the Vendor relating to or in any way connected with the accomplishment of the work or
performance of services under this Agreement.
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2011-9
5. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of $1 ,000,000.00 combined single limit, and statutory worker's
compensation coverage, and shall file copies of said policies with the CITY's Risk Manager
prior to undertaking any work under this Agreement. CITY shall be set forth as an additional
named insured in each policy of insurance provided hereunder. The Certificate of Insurance
furnished to the CITY shall require the insurer to notify CITY of any change or termination in
the policy.
6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
sexual orientation, or any other status protected by law.
7. INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall be an independent contractor and not an agent or employee of the
CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
employees, and all business licenses, if any are required, in connection with the services to be
performed hereunder.
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2011-9
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
9. NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
TO THE CITY:
Parks Recreation and Community Services Director
1350 South "E" Street
San Bernardino, CA 92408
Telephone: (909) 384-5233
TO THE VENDOR:
Roadway Engineering and Contracting Inc.
8861A Jurupa Road
Riverside, CA 92509
Telephone: (951) 360-6834
Contact: Eric Alvarez
10. ATTORNEYS' FEES.
In the event that litigation is brought by any party in connection with this Agreement, the
prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its
rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions
hereof. 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 "attorneys' fees" for the
purposes of this paragraph.
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2011-9
11. ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law assIgn, transfer, sublet or
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
and shall constitute a breach of this Agreement and cause for the termination of this Agreement.
Regardless of CITY's. consent, no subletting or assignment shall release VENDOR of
VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder
for the term of this Agreement.
12. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be
mandatory and not permissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
14. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this
Agreement and their respective heirs, representatives, successors, and assigns.
15. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provIsIOns.
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2011-9
16. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to
be invalid or unenforceable for any reason, such determination shall not affect the validity or
enforceability of the remaining terms and provisions hereof or of the offending provision in any
other circumstance, and the remaining provisions of this Agreement shall remain in full force
and effect.
17. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supercedes any prior agreements and understandings relating to the subject manner
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
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2011-9
VENDOR SERVICE AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND
ROADWAY ENGINEERING AND CONTRACTING INC.
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date
set forth below.
Dated ,2010
CONTRACTING INC.
ROADWAY
ENGINEERING
AND
.----'/
~;,: f:es;~
Dated., 201.
Approved as to Form:
James F. Penman, City Attorney
By:
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2011-9
EXHIBITB
.a
:j,
Roadway Engmeenng & Contractlllg Joe
BID FORM
TO THE DEPARTMENT OF PARKS, RECREATION AND COMMUNITY SERVICES
AND THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO
The undersigned declares that he has carefully examined the location of the proposed work, that he
has examined the Plan and read the accompanying instructions to bidders and hereby proposes to
furnish any and all required labor, materials, transportation and service for the
CONSTRUCTION OF THE VERDEMONT COMMUNITY CENTER
AT AL GUHIN PARK
(pR 04-28)
in strict conformity with Plans and Special.Provisions No. 12762. of the Department of Parks,
Recreation and Community Services for the City of San Bernardino and also in accordance with
Standard Specifications for Public Works Construction, Latest Edition. Undersigned proposes and
agrees if this bid is accepted~ that he will contract with the Department of Parks, Recreation and
Community Services and the City of San Bernardino, in the form of the copy of the contract
annexed hereto, to provide all necessary machinery, tools, apparatus and other means of
maintenance, provide a schedule of values for Lump Sum items to be adhered to for contract
change order work, and to do all the work and furnish all the materials specified in the contract, in
the manner and tinie therein prescribed, and that he will take in full payment therefor the following
unit prices or lump sum prices, to-wit:
BID NOTES:
The unit price must be written in words and also shown. in figures. All blank spaces appearing
above must be filled in. In case of discrepancy in Bid Amounts, "UNIT" prices shall govern over
extended amounts, and "WORDS" shall govern over "UNIT" figures.
Total bid price for the entire contract work shall include the. cost of labor, materials, equipment
parts, implements, taxes and supplies necessary to complete the project, as based on the City
Engineer's estimate of quantities of work.
The total price must be extended for each item of work and the total of all items inserted in the
space provided. Bidders shall complete and submit entire BID DOCUMENTS as their bid. Failure
to do so will result in bid being non-responsive. .
BIDDER declares that this BID is based upon careful examination of the work site and the Bid and
Contract Documents.
B-t
2011-9
EXHIBIT B
~
it.
BID SCHEDULE
PLAN NO. 12762
CONSTRUCTION OF THE VERDEMONT COMMUNITY CENTER
AT AL GUHIN PARK, (PR 04-28)
ITEM ESTIMATED DESCRIPTION OF ITEMS UNIT PRICE
NO. QUANTITY UNIT WITH UNIT PRICE WRITTEN IN WORDS IN FIGURES
TOTAL
IN FIGURES
1.
LS MO~ILIZA TION, at the Lump Sum price of
~ 't:\cr ~~-d ~o ~~ Dollars
& ~ Cents
LS
$ '2-5 UD
2.
LS
TRAFFIC CONT.ROL, .at ~.e L mp Sum price
of 'fwO~,^s,;; Dollars
& -B--- ' Cents
LS
$' ?.Q);) -
3.
LS
CLEARING and GRUBBING, Unclassified
Excavation and Unclassified Fill, llt the Lump (\
Sumpriceof ,"wt \vt .:y~4.~..........v
~ ~ vt. ~ Dollars
& ,0-' Cents
LS
$ \ l..~ () rT:1 --
4.
2
EA
PCC CURB RAMP including Retaining Curb,
O~d,.~~~~at ~\}-.
Dollars
& .0-- Cents per EACH $ \ ~ Zi> lEA
$ 3 L4v
-
5. 760 LF PCC CURB, per CITY Std. 200, Type "A",
Modified per Plan, at
'""-' ;v'~ _. Do liars \s '-/LF qe;~o
-
& ~ Cents per LlN. FT. $ $
6. 3200 SF pce SIDEWALK per CITY Std. 202, Modified
per Plan, at
Yo....... v . Dollars
& -e-- Cents per SQ. FT. ~. -' ISF \ 'l. &:x) -
$ $
7. 265 TN
~5 .- /TN $ '. L. L.. S 2..$" --
$
B-2
2011-9
EXHIBIT B
"
BID SCHEDULE
PLAN NO. 12762
CONSTRUCTION OF THE VERDEMONT COMMUNITY CENTER
AT AL GUHIN PARK, (PR 04-28)
ITEM ESTIMATED DESCRIPTION OF ITEMS UNIT PRICE
NO. QUANTITY UNIT WITH UNIT PRICE WRITTEN IN WORDS IN FIGURES
TOTAL
IN FIGURES
. 8.
258
TN
AGG.BEGAfE. BASE,. CRUSHED. ' at_
~)( ~ -" Dollars
& . er Cents per TON $ too ITN $ \ <;. t4HO -
9.
LS STREET CUTS & STRUCTURAL REPAIRS
U pel CITY Std 310, at a lump\sum p[ice of
~ ,~~ 'C.~'}t..A. 4-........~ Dollars
&.e- . Cents $
LS
$ ~'50u-
10.
LS SEWER SYSTEM, . at th~ Lurpp Sum price of
'f-'~~L...Se...J.) ?~~ ~.~ Dollars
& .~ Cents
LS
$ C;:SOW--
II.
LS DOMESTIC WATER SERVICE AND
DRINKING FOUNTAIN, COMPLETE, at a ,\.,
lump sum price of F \.'~ ~4 ~~-.o'\~
? ~ v-t~. r-=- Dollars
& ~. Cents $ LS
$ <0 S:OD -
12.
LS MODULAR BUILDING (PIT SEl),
FOUNDATION, WET AND DRY UTILITY
CONNECTIONS, AND S UCCO FINISH
ata lump sum price of .;,.. .~
So &'......" - Dollars
& .~ Cents $ LS
$ S~OO~-
13.
LS
BASKETB~LL CO~l.TS, CO~PJ<.E!E, at a
lump sum pnce of .' ~.~ *", '" ~
\\..o<-t C--J -' Dollars
& e- Cents $
LS
$ 4:-S0\")0
14.
1 LS AMPIDTHEATER INCLUDING BLOCK
WALL at a lump sum prife of
""\ ~ y....<jVt~lt~e..J Ytlu.r \.1.v....c:l ~~Dollars $
. & \.Q..-Cents
LS
$7'0%;)-
-
B-3
EXHIBIT B
2011-9
(
BID SCHEDULE
PLAN NO. 12762
CONSTRUCTION OF THE VERDEMONT COMMUNITY CENTER
AT AL GUHIN PARK, (PR 04-28)
ITEM ESTIMATED DESCRIPTION OF ITEMS UNIT PRICE TOTAL
NO. QUANTITY UNIT WITH UNIT PRICE WRITTEN IN WORDS IN FIGURES IN FIGURES
15. LS ELECTRICAL AND TELEPH~E/DATA at
the Lump Sum price of ~./ s:~
.~ k ~P-o.-J - . Dollars .+~-
& -"E) Cents LS $
16.
LS IRRIGA TION INSTALLATION I
. MODIFICATION, a\.the Lump Sum price of
"\ ~ ,~ ~ "LoS .~ - Dollars
-- :..J & -kr- Cents
LS
$ '(_z,oO() -.
17.
LS LANDSCAPE INSTALLATION I
c ",.J...J...e.. . ,1>:" ,'_ MODIF~(}ATION at the Lump sU,m price of
c......-!":.,.'"""'''''. ~t~ - -.Dollars
& ....er-- Cents
LS
$ \ '&OUO -
18.
18
L8 $. <6500 .-
& ~"
19.
LS NPDES REQUIREMENTS (SWPPP, WQMP,
BMP), per SECTION 6-1.03, at the Lump Sum
, .... pri~ of ~ Yw> ""...--J -yH-\'Il-
~ (C-. i -c.~ --. Dollars LS
& ~ Cents
$'3.'>50 .-
20.
LS SURVEYING' SERVICE, per SECTION 6-1.10
at the Lump Sum price of .~ ~L" t _..()
OV(. ~ -- Dollars
& ~ Cents L8
$ -\.\O~ -
B-4
EXHIBIT B
~ 4
2011-9
BID SCHEDULE
PLAN NO. 12762
CONSTRUCTION OF THE VERDEMONT COMMUNITY CENTER
AT AL GUHIN PARK, (PR 04-28)
ITEM ESTIMA TED DESCRIPTION OF ITEMS UNIT PRICE TOTAL
NO. QUANTITY UNIT WITH UNIT PRICE WRITTEN IN WORDS IN FIGURES IN FIGURES
21. 4 EA STREET SIGN ON SINGLE POS~~
Std. 504, at "\ WI:), ~
Dollars .- ~bo
$ Cvo .-
& .J..ZT- Cents per EACH lEA $
22.
~
LS TRASH ENCLOSURE AND WASTE
, RECEPTICLES at the Lump Sum price of
M--o u,J--.Q ~.> ~~CJ Dollars
& _~ Cems
LS
$ '":\: 1..0 D -
23.
LS PARK SIGN, FOOTING, AND FENCE
INSTALLATION I MODIFICATION , at the !\.
Lump Sum Wice Of~}-.A- ~... -,,,,~~
~~ ~, ~ - Dollars
& 0-- Cents
LS
$ \ -=> Co --
24. 1 LS PARKING LOT REDWOOD HEADER at the
O\-L. ~~S\: .:R Lump Sum price of ~ Dollars
c<:.\\~~ ~ & h Ce"s
25. 1 LS RELOCATE EXISTING PICNIC AREAS at
. \. !he ~ump Sum price of Ol-L ~Lt 5 ~
~ ~~ y::\?-~ .- Dollars
& ,..J;;:,-- Cents
LS
$ \~~-
LS
s\::,>\)-
26.
LS
STRIPING AND PA VEME~T MARKINGS" W
atth~ump Sum price of t :'y1.A- ~
......~ v "j./ -.' Dollars
& . -&-Cents LS
$
~<;: 6 -
B-5
EXHIBIT B
2011-9
(
BID SCHEDULE
PLAN NO. 12762
CONSTRUCTION OF THE VERDEMONT COMMUNITY CENTER
AT AL GUHIN PARK, (PR 04-28)
ITEM ESTIMATED DESCRIPTION OF ITEMS UNIT PRICE TOTAL
NO. OUANTITY UNIT WITH UNIT PRICE WRITTEN IN WORDS IN FIGURES IN FIGURES
27. 4 EA CLASS 1 TYPE F DELINEATOR per
CAL T1t;\NS; A 73C, at $Jv ..- )L.D -
~,If -. Dollars
& .fir Cents per EACH lEA $
28. 1 LS PCC DIP s~e Lump Sum price of
0,-4.... ~ "-.y---J. 5' ; )l - Dollars \ 600 -
& .~ Cents LS $
,
29. LS VIDEOINSPE~TlON OF SE~AIN at
~nceof €,'t ,
. Dollars ~~-
& .,P- Cents LS $
. TOTALBID$~-
B-6
-''';;'-,
EXHIBIT B
2011-9
BIDDER'S INFORMATION AND SIGNATURE:
It is the understanding of the undersigned that the work . hereinabove described shall be commenced
within JQ. working days. from the date of the "Notice to Proceed", and shall be completed within...@... working
days from the date of said notice, as directed in SECTION 4 of these Special Provisions..
The undersigned further agrees that in case of default in executing the contract, or furnishing necessary
bonds, all within the specified time, the proceeds of the Bidder's Guaranty accompanying this bid shall be paid to .
the City of San Bernardino as liquidated damages.
Licensed in accordance with an act providing for the registration of Contractor,
LICEl-jSE I. _ A A
NO.: '6 "\. ~
CLASSIFICATION:_tt- 4 ~
EXPIRATION
DATE: '3 J'3 \ J \ z-
I ,
FIRM NAME: Roadway Engineering & Contracting Inc
BUSINESS ADDRESS: 5 e10 1- A J l...1, v l.. {J " 6ZJ
e-..~ \JQ/I! r ,.' c4 , C<\ ~ 2"S: u ~
BUSINESSPHONE:t1r, ~'3ho~btJ~4 FAX:~(,1 -:1~6-tb~4-CELL: Cjlfi...'trr.r \~ InO
If an individual, so state. If a finn or co-partnership, give the names of all individuals, co-partners
composing the finn. If a corporation, give the names of the president, secretary, treasurer and manager thereof:
~~'
. 'f J./ \ I 1'--v-.
. Le al Status of Firm
Is Bidder currently a certified DBE? Yes 0 No 1.
NAME (S)
ADDRESS (ES)
Eric Alvare2 - PresldentlSocretary/ireasurer l (', be) i) L,.,. \t.er I) -\ ?t. '9 y .
~1.)0-1"): ~ (A '1 t<; 03
\
SIGNATURE OF BIDDER: ~ Dated:~20+
BIDDER'S INITIALED ACKN"GEMENT OF ADDENDUMS:
EXHIBIT B
2011-9
> ..
******************************************************************
SPECIAL NOTICE
******************************************************************
The bidder's attention is directed to the section entitled, "Required Listing of Proposed
Subcontractors", in Section 2 of the special provisions regarding the requirement that proposed
subcontractors be listed in the bidder's Bid Documents. Instead of listing only subcontractors for
signal and lighting work as in the past, all subcontractors are now to be listed in the Designation
of Sub-Contractors for items of work or portions thereof to be subcontracted in excess of one-
half of one percent of the total bid or $10,000.00, whichever is greater. . .
In the case where a bidder claims an inadvertent clerical error in listing sub-contractors, a
notice of the claim must be submitted to the Office of the City Engineer in writing within 2
working days after the time of the bid opening and send copies of the notice to the subcontractors
involved.
The bidder shall provide the actual dollar "Sub-Contract Amount" as submitted by each
listed sub-contractor, keeping in mind that the prime contractor for this project is required to
provide or perform, with his own organization, contract work amounting to at least 50% of the
total contract bid price. Material required for any of the contract work of this project that is
purchased directly by the prime contractor is considered as included in the prime contractor's
50% requirement. If material purchased directly by the prime contractor is to be used by a listed
sub-contractor in performing contract work, the dollar amount of such purchased material should
not be included in the dollar amount listed for said sub-contractor.
C-2
, <
EXHIBIT B
2011-9
Roadway Engineering & Contracting loc "
BIDDER'S FIRM NAME
DESIGNATION OF SUB- CONTRACTORS
PLANS & SPECIAL PROVISIONS NO. 12762
In compliance with the provisions of Section 4100-4114 of the Public Contract Code of the State of California and any
amendments thereof, each bidder shall set forth the name and location of each subcontractor who will perform work or
labor or render service to the Contractor.
Name & Address
Under Which
Licensed
Agency & No. of
MBE/WBE CERT.
(If Applicable)
Sub-Contractor's
Phone-No.
Sub-Contract
Amount
Work to Be
Performed:
1. 'Mc- ~~ E {a.", .
~(s3 Wej \.oy.... -..J Pr
~' ~
$.e>-'lo- ~~J,''''''''. U
'ltf-r>'+ I
2.~W) ~v...~>
~~l:~~ )s~
~A-~~~~~ ct-
3. ~\l~ :w-~
~ ~~ ~l'~
'f.w,ll '51 U
'l1~(''ir- (
qo~
ce,ro1- -.:>)~, $ 4t, ~oo-
ti laotvl'~
'1()~
\?''L~ - l'S3&J $ ~ '
I~~,<!.,
q.6J
{,,1} {(Ptt $ "1-\50,,) .-
~c':J
4.
$
5.
$
6.
$
IF ADDITIONAL SPACE IS REQUIRED, PLEASE DUPLICATE THIS SHEET
DO NOT WRITE ON THE BACK
C-3
, \
EXHIBIT B
2011-9
WORKERS' COMPENSATION INSURANCE
CERTIFICA TION
I am aware of the provisions of Section 3700 of the Labor Code requiring. every employer to be
insured against liability for workers' compensation or to undertake self-insurance in accordance
with provisions of that code, and I will comply with such provisions before commencing the
performance of the work of this contract.
Contractor:
NAME OF FIRM:
Roadway Engineering & Contractmg inc
BY:~
TITLE:
Eric Alvarez - President
DATE:
\ I l <1.1 'I.
'/
C-4
2011-9
EXHIBIT B
(This affidavit shall be executed by all bidders at the time of bid submittal. Failure to execute the affidavit on this pagewiIl
result in rejection of bid.)
NON-COLLUSION AFFIDAVIT
To the Department of Public Works, City of San Bernardino, State of California:
The undersigned in submitting a bid for perfonning the following work by contract, being duly sworn, deposes
and says:
That he or she is of the party making the foregoing bid, that the bid is not made in the interest of, or on
behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the
bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited
any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired,
connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from
bidding; communication, or conference with'anyone to fix any overhead, profit, or cost element of the bid
price, or of that of any other bidder, or to secure any advantage against the public body awarding the
contract on anyone interested in the proposed contract; or take any action in restraint of free competitive
bidding in connection with such contract; that all statements contained in the bid are true; and further, that
the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or data
relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association,
organization, bid depository, Of to any member or agent thereof to effectuate a collusive or sham bid.
Roadway Engineering & Contracting Inc
Firm Name
/'
~Of Bidder
Eric Alvarez - President
Printed Name and Title
'3~\ -~ "':T'-v'v. {..... \'lJ
~~vW ~ : ~ CA.. '12-,~ v~
Business Address
Place of Residence
Su6Sctibed..aru.i!wom to (or affirmed) before me this day of , 20_
the above proved torrre-on-the.Qasis of satisfactory evidence to be the person who appeared before me.
-...-....,.~...-
-................-
Signed --'_.~..._~.,~:::-..
Notary Public in and for the County of '-'~--'-'__
, State of California. -'-~
My Commission expires on
~ k.~~ t'-'~~~ ~
Year
C-s
2011-9
.. ,
EXHIBIT B
JURAT
State of California
County of Riverside
Subscribed and sworn to (or affirmed) before me on this 19th day of Januarv. 2011, by Eric Alvarez,
I proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
.1
I
OPTIONAL
Though the information below is not required by law. it may prove valuable to persons relying on the document and could
prevent fraudulent removal of this form to another document.
I Description of Attached Document
Title or type of Document: Noncollusion Affidavit
Document Date: 01-19-11 Number of Pages: 1
Signer(s) Other Than Named Above None
2011':"9
EXHIBIT B
FORM OF BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned.
Roadway Engineering & Contracting, Inc.
as Principal, and
Ullico Casualty Comp~ny as Surety, are hereby and
firmly bound unto the City of Son Bernardino .. State of California, hereinafter referred to as "Obligee" in the
penal sum of ten percent (10%) of the total amount of the bid of the Principal submitted to the Obligee for the work
described below, for the payment of which sum we hereby jointly and severally bind ourselves, our heirs, executors,
administrators, successors and assigns,
THE CONDITION OF THIS OBLIGATION IS SUCH, THAT:
WHEREAS, the Principal has submitted to Obligee, a certain Bid, attached hereto and hereby made a part hereof to enter
into a contract in writing, for the Construction of the Verdemont Community Center at AI Guhin Park (PR 04-28)
(Copy here the e;tact title descri'plion of work, including location, as it appears on the Bid and Contract Documents)
for which bids are to be opened on January 19, 2011
( Insert date of opening)
NOW, THEREFORE,
a. If said Bid shall be rejected, or in the alternate,
b. Ifsaid Bid shall be accepted and the Principal shall execute a contract
in the Form of contract attached hereto (properly completed in accordance with said Bid)
alld shall furnish a bond for his faithful performance of said contract,
and shall in all other respects perform the agreement created by the acceptance of said Bid,
then this obligation shall be void; otherwise, the same shall remain in force and effect; it being expressly understood and
agreed that the liability of the Surety for any and all claims hereunder shall, in no event, ex~eed the penal amount of this
obligation as herein stated.
The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no
way impaired or affected by any extension ofthe time within which the Obligee may accept such Bid; and said Surety does
hereby waive notice of any such extension,
Signed, this 18th
day of January
, 2022-.
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are
corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their prop~t officer:!,
the day and year first mentioned.
. RCl~~ay Engineering & Contracting, Inc. (SEAL)
Principal
.BY:_.~
. .. ... . gna we
. . -ErIc A z - President
Ullico Casualty Company
. .
Printed Name and Title
NOTE: Notarization of Principal and Surety signatures and Power of Attorney of the Surety shall accompany thi!l form.
C-6
2011-9
EXHIBIT B
r=::::::'-":::::::;:""'.
I
'::
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of Riverside
On January 19. 2011. before me, Socorro Alvarez. N otarv Public. personally appeared Eric Alvarez. 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
hislher/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 foregoing paragraph is
true and correct
Witness my hand and official seal
Public
OPTIONAL
Though law does not require the information below, it may prove valuable to persons relying on the document
and could prevent fraudulent removal of this form to another document.
Description of Attached Document
Title or type of Document: Bid Bond
Document Date: 01-19-11 NO. of Pages: 1
Signer(s) Other Than Named Above None
Capacity(ies) Claimed by Signer
Signer's Name: Eric Alvarez
o Individual
~ Corporate Officer - Title(s): President
CJ Partner - D Limited D General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
o Signer is Representing: Roadway Engineering & Contracting Inc.
2011-9
. CAlIFO~NIA ALL~PURPOSE ACKNOWLEDGEMEN'fXHIBIT B
State of California
) Ss.
County of San Bernardino
On January 18. 2011
before me, Cynthia J. Youn!:!, Notary Public
Name and Title of Officer (e.g., "Jane Doe, Notary Publio")
Personally appeared Pamela McCarthy
Nllme(s) of Slgner{s)
tt:""'I(t~.~iA~~YOUNG'
. . . COMM. # 1806614 Z
NOTARY PUBLIC - CALlFORNIAi:
.. S~N BERNARDINO COUNTY ....
~ My ~Qmm. ExpiresJ~ 10. 201 a
who proved to me on the basis of satisfactory evidence
to be the person whose name Is subscribed to the
within instrument and acknowledged to me that she
. executed the same in her authorized capacity,
and that by her signature on the Instrument the
person, or the entity upon behalf of which the person
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Though the information below is not required by law, it may prove valuable to persons relying on the document and CQuld prevent fraudulent
removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Slgner(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Number of Pages:
Signer's Name:
LJ Individual
LJ Corporate Officer
Title
[j Partner -- LJ Limited 0 General
LJ Attorney-in~Fact
o Trustee
o Guardian or Conservator
Other:
RT THU~18PRINT
OF SIGNER
Top of thumb h~r~
Signer is Representing:
2011-9
EXHIBIT B
,.,
,(
STATE OF CAIJFORNIA
DEPARTMENT OF INSURANCE
SAN FRANCISCO
N9 08581
Certificatee~r. Authority
TIUS Is To CER"I11"l:' TlfA'r. Pllr.tll/J!lI IV Ille insurance Cod,! of Ihe Slate of Califomia.
ULLICO' Casualty Company
laws of
De tnware
, organlztd IIl1d",. the
, sllbje"'IO il,t Articles of Tncorporlluon or
of
Delaware
(ither Jundamofl(aJ (IrganlrtllimlllJ dOCllm"ms, iJ lumby arttiloriu,j t/) rra'lSuct within Ih. Sra'e. sllbjtellll
all pri)Vi,tions of ml" C.rliftcale. Ih"fnl/owillfi classes ofi1l.frmmee;
fire, Matine, Surety, tli.sability., Plate Glass, LiabllHy,
Work~rs' Compsnsation, Boiler and Machlnery, Burglary,
Sprinkler, Team and Vehicle, Auto~IObi to., aod l1i.scellaneous
as sIIch classe;' are nO.. or nUlY horeafter b" defi"ed in rhl! lu;l/ranco l.J1W.f (if Ih. SUIre of ecrU/orn;,..
THIS CERTlf!l('.ATE i.' expres..ly condltion"d upon 1M 1",ld",. her<of IIOW (JIld h",.tifter being in
filII COn/plimIte with all. and "at ;11 violation of allY, of IJl~ apl,lic(,ble laws mId l(IWful ,."qltiTtlmenIS ",ad~
under alI/ltarl')' of the laws of tll' SIu/e of Califamia (lS long as slIell law.,. ()r fiiqlliTtlmlmts are ill effect
wrd IlppilrobLe, and as such /I'IOS and requitY.menl.l III)W are, or tnt'yhe"a.fler be eMlleea or aln"nded.
[N WITNESS WHEREOF, pJJ~criv~ os of Ihe ..____?l!.!:~'.__._.._.._.._....
day oj _~st 2008 . T hllve hereunlo
...1 my hand lUId cou,o(1 m.y official seal 10 be affixed Ihc.
_..l~!:L___.._tfa,y oj ~us t ____._.. .....7..QQ.'L.....
By
Steve Pohner
bIJUrlJ1U:e Cl)tnml$.tir)nllr
/J
ft~~"'--'/ 'N~?-~/
.~ sus~ Stapp
f~0iln Richardson "'~~
."..ef,ief Deput)'
NOTICE:
Ql1aliljoQlEol1 with lh$ SccretlU''y of S1'llte I1"lUJ;t bE "l"t.'<lll'l.pti~ted u l'Gqulred bY-lhe California. COTpoJ'Qtiol'l' Code promptly
oller i..uanco of lld,Cenlfie<1", of AuU1Ulily...l1ure.IlJ dQ'" willb. .lIiolatiOn Un"$~l"",,e Code Section 71H ~Iut will b"
grounds for re...'Ukil\g this O::iLificatc of Authmit'l pIU!i'lam U) llll~ c.OrlveTUml' mllde ill the appUcotiOtl thref(w; and the
(;oaditiCIIl& CllUtGtflCd hDn:.in.
r~($'!lO:JI'J'J1
JOKMCt-J
2011-9
~iCO
EXHIBIT B
ULLICO Casualty Company
1625 Eye Street, N.W. Washington D.C. 20006
Power of Attorney
KNOW ALL PERSONS BY THESE P~SENTS: That ULLlCO CASUALTY COMPANY (the Company), a corporation organized and existing under the laws
of the State of Delaware, does hereby constitute and appoint: Jay P. Freeman, Pamela McCarthy, Cynthia J. Young, and Laurie 8. Druck of Allisot Insurance
Services, Inc.
Its true and lawful Attorney (s) in fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings
obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $5,000,000.00.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors
ofULLICO Casualty Company at a meeting duly called the 15th clay of July, 2009.
RESOLVED:
That the Board of Directors hereby authorizes the President or any Vice President of
the Company to: (I) Appoint Attorney(s) in Fact and authorize the Attorney(s) in
Fact to execute on behalf of the Company bonds and undertakings, contracts of
indemnity and other writings obligatory in the nature thereof and to attach the seal of
the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and
revoke the authority given. And, be it
FURTHER
RESOLVED:
That the signatures of such officers and the seal of the Company may be affixed to
any such Power of Attorney or certificate relating thereto by facsimile, and any such
Power of Attorney so executed and certified by facsimile signatures and facsimile
seal shall be valid and biding upon the Company in the future with the respect to any
bond or undertaking to which it is attached.
IN TESTIMONY WHEREOF, ULLlCO CASUALTY COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its
authorized office this July Iff', 2009.
",\lWi/11
~...\ "IJ8ft'''..:
~ ....lio........ JI' ~
~.. V~'.'OA~' C.. ..."
... '.' -...,~. . ""
::. ,o....S .......". 0 '~.'
...n, 'f'A' '''''''...
...v.. . ."11l.. "~'-
=:3:. ' ,....~... :~ ==
""'. ....:1:2.,,1979.&.. .... -
-':;'~"~( '1i.";~~:::
~. .....wP;....~3.:'.
r~, .....". ,~
';f't .11: ,....
. . tIIHm,n\
Daniel Aronowitz
President ULLICO Casualty Company, a Delaware Corporation.
On this 16th day of July 2009, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly
sworn said that he is the therein described and authorized officer of the ULLICO CASUALTY COMPANY; that the seal affixed to said instrument is the
Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed.
f~ 6 nJ3
;' J' . " / <
.. ! ~,'I' ~ I
l..~ '\ ,Lld..P (Y1 U ,.0 ~.~.",,--
Notary Public
CATHERINE M. OBRIEN
NOTARY PUBLIC STATE OF MARYLAND
MONTGOMERY COUNTY
MY COMMISSION EXPIRES JANUARY 21, 2012
CERTIFICATE
I, Teresa E. Valentine, Senior Vice President, General Counsel and Secretary ofULLlCO Casualty Company, do herby certify that the foregoing resolution of the
Board of Directors and this Power of Attorney issued pursuant thereto on this day of , 20_ are true and correct and are
still in full force and effect. I do further certify that that Daniel Aronowitz, who executed the Power of Attorney as President, was on the date of execution of the
attached Power of Attorney the duly elected President ofULLICO Casualty Company, Oa~
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this I r day of tJ-::'. - . I ' 20 fl.
d::. - ~~--
Teresa E. Valentine
Senior Vice President, General Counsel & Secretary
ULLICO Casualty Company
.~Il
"
EXHIBIT B
Roadway Engineering & Contracting Inc
BIDDER'S FIRM NAME
2011-9
MBE/WBE INFORMATION - GOOD FAITH EFFORTS
PLANS &, SPECIAL PROVISIONS NO. 12762
The City of San Bernardino has established a Minority Business Enterprise (MBE) Goal of 15% and a Women
Business Enterprise (WBE) Goal of 5% for this project. The information provided herein shows that adequate
good faith efforts were made.
A. The names and dates of each publication in which a request for MBEIWBE participation for this
project was placed by the bidder (please attach copies of advertisements or proofs of
publication):
Publications
Dates of Advertisement
tJtA-
6 o","l ~
i' '
~
V
B. The names, and dates of written notices sent to certified MBEs/WBEs soliciting bids for this
project and the dates and methods used for following up initial solicitations to determine with
certainty whether the MBEs/WBEs were interested (please attach copies of solicitations,
telephone records, fax confirmations, etc.):
Names of MBE/WBE
Solicited
Initial Solicitat n
Dates
Follow Up Methods
and Dates
C. The items of work which the bidder made av ilable to MBE/WBE firms, including, where
appropriate, any breaking down of the contrac work items (including those items normally
performed by the bidder with its own forces) into economically feasible units to facilitate
MBE/WBE participation. It is the bidder's res onsibility to demonstrate that sufficient work
to facilitate MBEIWBE participation was made ailable to MBE/WBE firms.
Items of Work
Breakdown of Items
# II
EXHIBIT B
2011-9
D.
The names, addresses and phone numbers of rejected MBE/WBE firms, the reasons
for the bidder's rejection of the MBE/WBE, and the firms selected for that work
(please attach copies of quotes from the firms involved):
Firms Rejected
lV\A-
G f)~/~~
~
Firms Selected
E. Efforts made to assist interested MBE/~ !'BEs in obtaining bonding, lines of credit or
lDsurance, and any technical assistm ce or information related to the plans,
specifications and requirements for the wprk which was provided to MBEIWBEs:
I
\JJ
f ,/ ,II
H.
EXHIBIT B
2011-9
F. Efforts made to assist interested MBE/WBEs in obtaining necessary equipment,
supplies, materials or related assistance or services, excluding supplies and equipment
the MBE/WBE subcontractor purchases or leases from the prime contractor or its
affiliate:
}J/A
~\r
M
G.
The names of agencies, organizationl or groups contacted to provide assistance in
contacting, recruiting and using certi Ilied MBEs/WBE fIrms (please attach copies of
requests to agencies or organizations and any responses received, i.e., lists, Internet
page download, etc.):
Name of Meth '1d / Date Results
Agency/Organization ofC ontact of Contact
Any additional data to support ~nstration of good faith efforts ( use additional
sheets if necessary):
, !'
EXHIBITB
2011-9
Roadway Engineering & Contractmglnc
BIDDER'S FIRM NAME
REFERENCES
PLANS & SPECIAL PROVISIONS NO. 12762
Date: 'I) t1. l II
The following are the names, addresses, and phone numbers for three public agencies for which BIDDER has
perfoffiled similar work within the past two years:
Public Agency's
Name & Address
Type of Project
Contract Name, Title
Contract Amount Date Completed & Phone Number
1.
Su.-
l\~W
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2.
$
3.
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EXHIBIT B
2011-9
BID FORM
TO THE DEPARTMENT OF PARKS, RECREATION AND COMMUNITY SERVICES
AND THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO
The undersigned declares that he has carefully examined the location of the proposed work, that he
has examined the Plan and read the accompanying instructions to bidders and hereby proposes to
furnish any and all required labor, materials, transportation and service for the
CONSTRUCTION OF THE VERDEMONT COMMUNITY CENTER
AT AL GUHIN PARK
(pR 04-28)
in strict conformity with Plans and Special Provisions No. 12762, of the Department of Parks,
Recreation and Community Services for the City of San Bernardino and also in accordance with
Standard Specifications for Public Works Construction, Latest Edition. Undersigned proposes and
agrees if this bid is accepted, that he will contract with the Department of Parks, Recreation and
Community Services and the City of San Bernardino, in the form of the copy of the contract
annexed hereto, to provide all necessary machinery, tools, apparatus and other means of
maintenance, provide a schedule of values for Lump Sum items to be adhered to for contract
change order work, and to do all the work and furnish all the materials specified in the contract, in
the manner and time therein prescribed, and that he will take in full payment therefor the following
unit prices or lump sum prices, to-wit:
BID NOTES:
The unit price must be written in words and also shown in figures. All blank spaces appearing
above must be filled in. In case of discrepancy in Bid Amounts, "UNIT" prices shall govern over
extended amounts, and "WORDS" shall govern over "UNIT" figures.
Total bid price for the entire contract work shall include the cost of labor, materials, equipment
parts, implements, taxes and supplies necessary to complete the project, as based on the City
Engineer's estimate of quantities of work.
The total price must be extended for each item of work and the total of all items inserted in the
space provided. Bidders shall complete and submit entire BID DOCUMENTS as their bid. Failure
to do so will result in bid being non-responsive.
BIDDER declares that this BID is based upon careful examination of the work site and the Bid and
Contract Documents.
B-1
EXHIBIT B
~
BID SCHEDULE
PLAN NO. 12762
CONSTRUCTION OF THE VERDEMONT COMMUNITY CENTER
AT AL GUHIN PARK, (PR 04-28)
ITEM ESTIMA TED DESCRIPTION OF ITEMS UNIT PRICE TOTAL
NO. QUANTITY UNIT WITH UNIT PRICE WRITTEN IN WORDS IN FIGURES IN FIGURES
1. LS MOBILIZATION, at the Lump Sum price of
Dollars
& Cents LS $
2. LS TRAFFIC CONTROL at the Lump Sum price
of Dollars
& Cents LS $
3. LS CLEARING and GRUBBING, Unclassified
Excavation and Unclassified Fill, at the Lump
Sum price of
Dollars
& Cents LS $
4. 2 EA PCC CURB RAMP including Retaining Curb,
as required, per SPPWCIII-4, at
Dollars
& Cents per EACH $ lEA $
5. 760 LF PCC CURB, per CITY Std. 200, Type "A",
Modified per Plan, at
Dollars
& Cents per UN. FT. $ ILF $
6. 3200 SF PCC SIDEWALK per CITY Std. 202, Modified
per Plan, at
Dollars
& Cents per SQ. FT.
$ ISF $
7. 265 TN ASPHALT CONCRETE, at
Dollars
& Cents per TON $ ITN $
B-2
EXHIBIT B
2011-9
BID SCHEDULE
PLAN NO. 12762
CONSTRUCTION OF THE VERDEMONT COMMUNITY CENTER
AT AL GUHIN PARK, (PR 04-28)
ITEM ESTIMA TED DESCRIPTION OF ITEMS UNIT PRICE TOTAL
NO. QUANTITY UNIT WITH UNIT PRICE WRITTEN IN WORDS IN FIGURES IN FIGURES
8. 258 IN AGGREGATE BASE, CRUSHED. at
Dollars
& Cents per TON $ IIN $
9. LS STREET CUTS & STRUCTURAL REPAIRS
per CITY Std 310, at a lump sum price of
Dollars
& Cents $ LS $
10. 190 LF SEWER SYSTEM, per CITY Stds. at
Dollars
& Cents per UN. FT. $ ILF $
II. LS DOMESTIC WATER SERVICE AND
DRINKING FOUNTAIN, COMPLETE, at a
lump sum price of
Dollars
& Cents $ LS $
12. LS MODULAR BUILDING (PIT SET),
FOUNDATION, WET AND DRY UTILITY
CONNECTIONS, AND STUCCO FINISH
at a lump sum price of
Dollars
& Cents $ LS $
Il LS BASKETBALL COURTS, COMPLETE, at a
lump sum price of
Dollars
& Cents $ LS $
14. LS AMPHITHEATER INCLUDING BLOCK
WALL at a lump sum price of
Dollars $ LS $
& Cents
B-3
EXHIBIT B
BID SCHEDULE
PLAN NO. 12762
CONSTRUCTION OF THE VERDEMONT COMMUNITY CENTER
AT AL GUHIN PARK, (PR 04-28)
ITEM ESTIMATED DESCRIPTION OF ITEMS UNIT PRICE TOTAL
NO. QUANTITY UNIT WITH UNIT PRICE WRITTEN IN WORDS IN FIGURES IN FIGURES
15. LS ELECTRICAL AND TELEPHONE/DA T A at
the Lump Sum price of
Dollars
& Cents LS $
16. LS IRRIGATION INSTALLATION /
MODIFICATION, at the Lump Sum price of
Dollars
& Cents LS $
17. LS LANDSCAPE INSTALLATION /
MODIFICATION at the Lump Sum price of
Dollars
& Cents LS $
18. LS GATES AND FENCE INSTALLATION /
MODIFICATION at the Lump Sum price of
Dollars LS $
& Cents
19. LS NPDES REQUIREMENTS (SWPPP, WQMP,
BMP), per SECTION 6-1.03, at the Lump Sum
price of
Dollars LS $
& Cents
20. LS SURVEYING SERVICE, per SECTION 6-1.10
at the Lump Sum price of
Dollars
& Cents LS $
B-4
EXHIBIT B
2011-9
BID SCHEDULE
PLAN NO. 12762
CONSTRUCTION OF THE VERDEMONT COMMUNITY CENTER
AT AL GUHIN PARK, (PR 04-28)
ITEM ESTIMA TED DESCRIPTION OF ITEMS UNIT PRICE TOTAL
NO. QUANTITY UNIT WITH UNIT PRICE WRITTEN IN WORDS IN FIGURES IN FIGURES
21. 4 EA STREET SIGN ON SINGLE POST per City
Std. 504. at
Dollars
& Cents per EACH $ lEA $
22. LS TRASH ENCLOSURE AND WASTE
RECEPTICLES at the Lump Sum price of
Dollars
& Cents LS $
23. LS PARK SIGN, FOOTING, AND FENCE
INST ALLA TION I MODIFICATION , at the
Lump Sum price of
Dollars LS $
& Cents
24. LS PARKING LOT REDWOOD HEADER at the
Lump Sum price of Dollars
& Cents LS $
25. LS CMP STORM DRAIN SYSTEM , at the Lump
Sum price of
Dollars
& Cents LS $
26. LS RELOCATE EXISTING PICNIC AREAS at
the Lump Sum price of
Dollars
& Cents LS $
27. LS STRIPING AND PAVEMENT MARKINGS,
at the Lump Sum price of
Dollars
& Cents LS $
TOTAL BID $
B-5
EXHIBIT B
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 and San Bernardino Municipal Water Department 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:
A1!:encv
The City of San Bernardino.
Board
The Mayor and Common Council
for the City of San Bernardino.
City En1!:ineer
The City Engineer for the City of San Bernardino.
Laboratorv
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 Department of Parks,
Recreation and Community Services, located at 1350 South
"E" Street, San Bernardino.
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EXHIBIT B
2011-9
The mailing address for the City of San Bernardino's Public
Works Department is:
City of San Bernardino
Department of Parks, Recreation and Community Services
1350 South "E" Street
San Bernardino, CA 92418-0001
Resident Eneineer -
Eneineer
The Resident Engineer is the City of San Bernardino's
City Engineer, registered as a Civil Engineer in the State of
California, or the designated representative of the City of San
Bernardino's City Engineer, registered as a Civil Engineer in
the State of California.
Notice Advertisine for Bids - Notice Inviting Sealed Bids.
Standard Soecifications - Standard Specifications for Public Works Construction
"Green Book".
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 Public Works Standards, Incorporated, a mutual benefit corporation comprised of five
members representing the American Public Works Association, and four members from the
Associated General Contractors of California, the Engineering Contractors Association, the
Southern California Contractors Association, and BNi Publications, Incorporated.
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
EXHIBIT B
References in the Special Provisions to "CAL TRANS Standard Specifications" shall
mean the Standard Specifications (Latest Edition) 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 on the City of San Bernardino website and the San Bernardino
Municipal Water Department website.
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 Public Works Policies and
Procedures unless directed otherwise by these Special Provisions or as directed by the Engineer.
The plans and specifications of this project shall conform to the requirements of the City
of San Bernardino Municipal Code and Public Works Construction Policies, the latest editions of
the Standard Specifications for Public Works Construction (green book), the American Concrete
Institute (ACI), the current California Building Code, the current California Plumbing Code,
Caltrans Standard Specifications, and these Special Provisions.
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 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 by 5:00 p.m. of the 5th working day prior to the day of the proposed bid
openmg.
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
SP-3
EXHIBIT B
2011-9
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.
1-1.06 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.
1-1.07 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.
SP-4
EXHIBIT B
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 be considered as not
fully executing the contract. 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 liquidated damages and not 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 -- A policy for
establishing goals for participation of Minority and Women's Business Enterprises (MBE/WBE)
was adopted by Resolution No. 95-409 of the Mayor and Common Council of the City of San
Bernardino, on 11-20-95. This outreach program superseded Resolution No. 93-411 and the
Standard Operation Procedures dated January 1994.
Bidder's outreach efforts (good faith efforts) must reach out to MBEs, WBEs and all other
business enterprises. Prime bidders could reasonably be expected to produce a level of
participation by interested subcontractors of ~ % MBE and ~ % WBE on 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.
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EXHIBIT B
2011-9
2-1.03 MINORITY, WOMEN AND OTHER BUSINESS ENTERPRISES AND
CITY PROCUREMENTS -- It is the policy of the City of San Bernardino to provide Minority
Business Enterprises (MBEs), Women Business Enterprises (WBEs) and all other enterprises an
equal opportunity to participate in the performance of all CITY contracts. Bidders shall assist
the CITY in implementing this policy by taking all reasonable steps to ensure that all available
business enterprises, including local MBEs and WBEs, have an equal opportunity to compete for
and participate in CITY contracts. Bidders' good faith efforts to reach-out to MBEs, WBEs and
all other business enterprises shall be determined by the following factors:
(1) The bidder attended pre-solicitation or pre-bid meetings, if any, scheduled by the
CITY to inform all bidders of the requirements for the project for which the
contract will be awarded. The CITY may waive this requirement if the bidder
certifies it is informed as to those project requirements.
(2) The bidder identified and selected specific items of the project for which the
contract will be awarded to be performed by sub-contractors to provide an
opportunity for participation by MBEs, WBEs and other business enterprises.
The bidder shall, when economically feasible, divide total contract requirements
into small portions or quantities to permit maximum participation of MBEs,
WBEs and other business enterprises.
(3) The bidder advertised for bids from interested business enterprises not less than
ten calendar days* prior to the submission of bids, in one or more daily or weekly
newspapers, trade association publications, minority or trade oriented
publications, trade journals, or other media specified by the CITY.
(4) The bidder provided written notice of its interest in bidding on the contract to
those business enterprises, including MBEs and WBEs, having an interest in
participating in such contracts. All notices of interest shall be provided not less
than ten calendar days* prior to the date the bids were required to be submitted.
In all instances, the bidder must document that invitations for sub-contracting bids
were sent to available MBEs, WBEs and other business enterprises for each item
of work to be performed.
Certified minority (MBE/WBE) subcontractors and material suppliers for the San
Bernardino area located in Caltrans District 8 are listed on the California Unified
Certification Program (CUCP) DBE Directory and can be obtained by accessing
the directory on the California Department of Transportation DBE website at
http://www.dot.ca.gov/hq/bepljindJertified.htm.
SP-6
EXHIBIT B
(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.
(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.
If the CITY 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(t). 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.
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EXHIBIT B
2011-9
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.
2-1.04 SUBMISSION OF MBEIWBE 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 Department
of Parks, Recreation and Community Services, upon request, by 4:30 p.m. on the fourth working
day following the day of the bid opening. *In the case short bid opening periods, proof of faxes
requesting MBE, WBE participation and faxed requests for assistance in recruitment of MBEs
and WBEs shall suffice.
2-1.05 REQUIRED LISTING OF PROPOSED SUBCONTRACTORS -- Each
bid shall have listed therein the name and address of each subcontractor to whom the bidder
proposes to subcontract portions of the work in the amount of 1/2 of one percent of his total bid
or $10,000.00, whichever is greater, in accordance with the Subletting and Subcontracting Fair
Practices Act, commencing with Section 4100 of the Public Contract Code. The bidder's
attention is invited to other provisions of said Act related to the imposition of penalties for a
failure to observe its provisions by using unauthorized subcontractors or by making unauthorized
substitutions.
A sheet for listing the subcontractors, as required herein, IS included III the Bid
Documents, in Part I of these Special Provisions.
2-1.06
REQUIRED EXAMINATION OF ALL CONTRACT DOCUMENTS
A. Before submitting a Bid, each Bidder shall thoroughly examine and be
familiar with the Specifications, Plans, addenda, and all 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 the 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.
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2-1.07
EXHIBIT B
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.
REQUIRED INSPECTION OF THE SITE --
A. Bidders are required to inspect the site of the proposed 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 proposed 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 Engineer 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 proposed 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 proposed work under the Contract.
5. The conditions to be encountered.
6. The character, quality, scope and complexity ofthe proposed work.
7. The quality and quantity ofthe 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.
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EXHIBIT B
2011-9
2-1.08 DESIGN ENGINEER MAY NOT BID ON CONSTRUCTION
CONTRACT -- No engineering or architectural finn which has provided design services for a
project shall be eligible to bid on the contract to construct the project. The ineligible to bid
include the prime contractor for design, subcontractors of portions of the design, and affiliates of
either. An affiliate is a finn which is subject to the control of the same persons, through joint
ownership or otherwise.
2-1.09 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.
2-1.10 IRREGULAR BIDS -- Unauthorized conditions, limitations, or provisions
attached to a bid will render it irregular and may cause its rejection. The completed bid fonns
shall be without interlineations, alterations, or erasures. No oral, telegraphic, or telephonic bid,
modification, or withdrawal will be considered.
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EXHIBIT B
SECTION 3
3-1 AWARD AND EXECUTION OF CONTRACT
3-1.01 GENERAL -- The award of the contract, if it be awarded, will be to the
lowest responsible bidder whose bid complies with all the requirements prescribed. The 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 Engineer 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 A WARD 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 Special Provisions-Instructions to
Bidders, the Plans, the Standard Specifications, the Notice Inviting Sealed Bids and Addenda,
together with any attachments. The Bidder to whom the contract is awarded shall be notified
upon approval of the contract by the Mayor and Common Council. The Bid Form, the Special
Provisions-Instructions to Bidders, the Plans, the Standard Specifications, the Notice Inviting
Sealed Bids and 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.
3-1.03 CONTRACT BONDS -- The Payment and Faithful Performance Bonds
shall be filed with the Engineer before the Notice to Proceed 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.
The Contractor shall provide to the CITY three (3) original "wet" copies of Payment and
Performance Bonds equal to 100% of the award amount of the contract.
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EXHIBIT B
2011-9
3-1.04 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 BMP/SWPPP, traffic
control and detour plans or escrowed bid documents, where applicable, will delay the issue ofthe
Notice to Proceed, and such delay will subject the bidder to a negative determination of the
bidder's responsibility should the bidder choose to participate in future City of San Bernardino
bid offerings.
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EXHIBIT B
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 of Section 6-1,
"Construction Schedule and Commencement of Work", Section 6-7.1, "Time of Completion",
Section 6-8, "Completion, Acceptance and Warranty" and of 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 the notification of award, inform the
Construction/Survey Manager 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 shall not be issued until
all required documents have been submitted and approved by the CITY. The Contractor shall
immediately notify and obtain the approval of the Construction/Survey Manager, prior to the
Pre-Construction Meeting, should special circumstances or conditions exist that might prohibit
the Contractor from providing all required documentation and commencing work as scheduled
within 10 working days of the Pre-Construction meeting.
Required documentation shall include the Contractor's applicable NPDES plan (for
required submittal time refer to Section 6-1.03 of these Special Provisions), the proposed
Construction Schedule, Traffic Control Plan and Traffic Detour Plan (as required). 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.
4-1.04 WORKING DAYS -- The Contractor shall diligently prosecute the work
to completion before the expiration of
..i!L WORKING DAYS
from the date of the "NOTICE TO PROCEED".
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EXHIBIT B
2011-9
4-1.05 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.
4-1.06 LIQUIDATED DAMAGES -- The Contractor shall pay to the City of San
Bernardino the sum of $500.00 per day for each calendar day's delay in finishing the work in
excess of the number of working days prescribed above.
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.
4-1.07 PROGRESS REPORTS AND ACCOUNTING OF CONTRACTOR
WORKING DAYS -- The Contractor shall submit periodic Progress Reports to the Engineer 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 Accountinf!", of the
Standard Specifications is superseded bv these Special Provisions. The Engineer 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 Engineer will provide working and non-working
days to the Contractor.
4-1.08 INSPECTION -- The Contractor is responsible to notify the Public Works
Department Inspection 48 hours prior to the 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.
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EXHIBIT B
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 5-1.07, "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;
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2011-9
EXHIBIT B
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
prevailing wage rates specified in Resolution No. 90-358 of the Mayor and Common Council of
the City of San Bernardino. The Engineer 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
Resolution No. 90-358. Prevailing wages shall comply with current rates and all updates in
effect on the date of the first advertisement by the City Clerk of the "Notice Inviting Sealed
Bids".
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.
(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-16
EXHIBIT B
(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 Engineer 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 EMPLOYMENT OF APPRENTICES -- This project is subject to the
State of California Division of Apprenticeship Standards (DAS) requirements for the
employment of apprentices.
The Contractor's attention is directed to the provisions in the following section of the
California Labor Code concerning employment of apprentices on public works projects:
1773.3 An awarding agency whose public works contract falls within the jurisdiction
of Section 1777.5 shall, within five days of the award, send a copy of the award to
the Division of Apprenticeship Standards. When specifically requested by a local
joint apprenticeship committee, the division shall notify the local joint apprenticeship
committee regarding all such awards applicable to the joint apprenticeship committee
making the request.
Additional information regarding the Contractor's options for the employment of
apprentices registered with the California Department of Industrial Relations, DAS can be
obtained at http://www.dir.ca.gov/DAS/PublicWorksForms.htm.
5-1.07 CONTRACTOR'S LIABILITY -- The City of San Bernardino, the Mayor
and Common Council, the City Manager or the City Engineer 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 property from any cause which
might have been prevented by the Contractor, or his workers, or anyone employed by him;
SP-17
2011-9
EXHIBIT B
against all of which injuries or damages to persons and property the Contractor, having control
over such work, must properly guard.
The Contractor shall not encroach on private property adjacent to this project in any phase
of the construction without first obtaining a signed Right Of Entry document from the property
owner and submitting this Right Of Entry to the Engineer for approval, prior to any entry or
encroachment onto private property.
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 City Engineer 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.
If, in the opinion of the Engineer, the precautions taken by the Contractor are not safe or
adequate at any time during the life of the Contract, the Engineer may order the Contractor to
take further precautions, and if the Contractor shall fail to do so, the Engineer 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 Engineer to order such
additional precautions, however, shall not relieve the Contractor from his full responsibility for
public safety.
5-1.08 DIFFERING SITE CONDITIONS -- During the progress of the work, if
subsurface or latent physical conditions are encountered at the site differing materially from
those indicated in the contract or if unknown physical conditions of an unusual nature, differing
materially from those ordinarily encountered and generally recognized as inherent in the work
provided for in the contract, are encountered at the site, the party discovering such conditions
shall promptly notify the other party in writing of the specific differing conditions before they
are disturbed and before the affected work is performed.
Upon written notification, the Engineer will investigate the conditions, and if the
Engineer determines that the conditions materially differ and cause an increase or decrease in the
cost or time required for the performance of any work under the contract, an adjustment,
excluding loss of anticipated profits, will be made and the contract modified in writing
accordingly. The Engineer will notify the Contractor of his determination whether or not an
adjustment of the contract is warranted.
SP-18
EXHIBIT B
No conflict adjustment which results in a benefit to the Contractor will be allowed unless
the Contractor has provided the required written notice.
No contract adjustment will be allowed under the provisions specified in this section for
any effects caused on unchanged work.
Any contract adjustment warranted due to differing site conditions will be made in
accordance with the provisions in Section 3-4, "Changed Conditions", of the Standard
Specifications.
5-1.09 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.
5-1.10 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-19
EXHIBIT B
2011-9
ACORD FORM INSURANCE SAMPLE:
ACCORD CERTIFICATE OF INSURANCE DATE (MMlYYIDD)
00 I 00 I 00
PRODUCER
THIS CERTIFICATE ISSUED AS A MATTER OF INFORMATION ONLY
AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER
COMMERCIAL ASSOCIATES INS., INe. THIS CERTIFICATE DOES NOT AMEND, EXTEND, OR ALTER
1226 EAST LA PALMA A VENUE 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 - V ALLEY FORGE
YOUR COMPANY NAME COMPANY
AND ADDRESS C CHUBB GROUP - FEDERAL INSURANCE
COMPANY
D
COVERAGES
THlS 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 CONlRACT OR OTHER DOCUMENT WITH RESPECT TO \\l-IICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN THE INSURANCE
AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AlL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID
CLAIMS
CO TYPE OF INSURANCE POLICY POLICY EFFECTNE POLICY EXPIR LIMITS
LTR NUMBER DATE (MMIYYIDD) DATE (MM/YYIDD)
GENERAL LIABILITY EACH OCCURRENCE $ 1.000.000
X COMMERCIAL GEN LIABILITY FIRE DAMAGE (ANY ONE FIRE)
A $ 500.000
CLAIMS MADE I OCCUR
MED EXP (ANY ONE PERSON) $ 5.000
X OWNER'S & CONTRACTOR'S PROT 1112267576 02/01f18 02/01/99
PERSONAL & ADV INJURY $ 1,000,000
GENERAL AGREGATE $ 2.000.000
PRODUCTS-COMP/OP AGG $ 2,111111,0011
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,O{l(l,OOO
X AUTO BODILY INJURY
(Per Person) $
B ALL OWNED AUTOS BODlL Y INJlJR Y
(Per..M:cident) $
BAP 5197135 02/0W8 02/01/99
SCHEDULED AUTOS 'no~^C,'
cCldent) $
HIRED AUTOS
NON-OWNED AUTOS ..III
GARAGE LIABILITY $
o ONLY - EACH ACCIDENT
other than auto only
ANY AUTO EACH $
ACCIDENT
other than auto only
$
AGGREGATE
WORKERS COM PENS A TION AND X WORKERS COMP
EMPLOYER'S LIABILITY STATUTORY LIMITS
C E.L. EACH ACCIDENT $1,000.000
I I INCL 2/01/98 02/01/99
THE PROPRIRETORl E.L. DISEASE EA EMPLOYEE $1,000,000
PARTNERS/EXECUTN I I EXCL $1,000.000
E OFFICERS ARE E.L. DISEASE POLICY LIMIT
OTHER
DESCRIPTION OF OPERATIONS,LOCATIONS,VEHICLESSPECIAL 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 Sl-UULD ANY UF THE ABuVE DESCRIBED PUUCIES BE CANCELLED BEFORE THE EXPIRATIUN DATE THEREuF
fHE ISSUFING COMPANY WILL MAIL ..l\l..DAYS WRITTl<.""N NOTICE TO THE CERTIFICATE HOLDER NAMES TO THE
DEPARTMENT OF PUBLIC WORKS LEFT
300 N. "D" STREET, 3RD FLOOR AUTHORIZED REPRESENTATIVE
SAN BERNARDINO, CA 92418-0001 .fOHJ\' E JMTrH (Signature)
ACCORD 25-S (1/95 "ACCORD CORPORATION
SP-20
EXHIBIT B
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 PARKS, RECREATION AND COMMUNITY SERVICES
1350 SOUTH "E" STREET, 3RD FLOOR
SAN BERNARDINO, CA 92418-0001
lilY
(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 lOll 85
Authorized Representative for
CNA Insurance Group
Golden Eagle Insurance Company
SP-2l
EXHIBIT B
2011-9
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 Engineer's Estimate is less than $1,500 at the applicable contract
unit price, the Engineer reserves the right to make no adjustment in said price if he 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 Engineer's Estimate, therefor, the Engineer reserves the right to make no
adjustment in said price if he 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 Engineer'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 mayor 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-22
EXHIBIT B
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) throughout the entire project. The
Contractor, without limitation, shall be responsible for providing and implementing 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, for preventing any contaminants, including soil, from entering any drainage system.
The Contractor shall be responsible for having sufficient materials on hand and being prepared to
provide erosion and sediment controls capable of preventing erosion from being washed into the
storm drain system. The Contractor shall be responsible for maintaining equipment so that oil,
grease, gasoline, diesel fuel, et aI., do 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 SWPPP.
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-23
EXHIBIT B
2011-9
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
MA TERIAL 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-24
EXHIBIT B
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/V elocity Dissipation Devices
Check Dams
Slope Roughening/T erracingIRounding
SEDIMENT TRAPPING
Silt Fences
Straw Bale Barrier
Sand Bag Barrier
Brush or Rock Filter
Storm Drain Inlet Protection
Sediment Traps
Sediment Basin
Additional BMPs may be required as a result of a change in actual field conditions,
contractor activities, or construction operations. When more than one BMP is listed under each
specific BMP category, the Contractor shall select the appropriate and necessary number of
BMPs within each category in order to achieve the BMP 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.
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.
SP-25
EXHIBIT B
2011-9
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 (NONe) 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.htm.
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 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 Engineer, significantly deviates from how the SWPPP, as approved by the CITY,
addressed the current construction operation, the Engineer 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 Engineer and/or until the Contractor submits a revised SWPPP and receives CITY
approval.
The Engineer 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.
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 BMP(s) or SWPPP 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 BMP(s) or SWPPP.
SP-26
EXHIBIT B
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
ENGINEER'S DIRECTIONS DURING THE COURSE OF CONSTRUCTION. The Contractor
shall provide to the CITY, prior to beginning construction, the name and telephone number(s) of
the Contractor and/or the Contractor's NPDES representative, which can be reached and will
respond to calls 24 hours/day for emergencies during construction activity.
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. Contractor shall obtain a City
of San Bernardino Business Registration at his/her own expense.
Prior to the commencement of work, the Contractor shall obtain a construction permit at
no cost from the City of San Bernardino, Public Works Division, Engineering Section, located at
San Bernardino City Hall, 300 North "D" Street, 3rd Floor, San Bernardino, CA 92418. The
permit shall be kept in a readily available place on the job site at all times during construction.
While no fee will be charged for the permit, no permit will be issued unless the Contractor
provides a code reference number from USA.
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.
SP-27
EXHIBIT B
2011-9
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.
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)
2)
3)
4)
Labor
Material
Equipment Rental
Other items and Expenditures
20
15
15
15
To the sum of the costs and markups provided for in this subjection,
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
Thursday, excluding holidays, as defined in this section. Deviation from these hours will not be
permitted without the prior consent of the Engineer, 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 Engineer.
The Contractor shall coordinate with the Engineer 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 Public Works Inspector 48
hours prior to any work being done during evenings, Fridays or Saturdays.
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EXHIBIT B
Designated legal Holidays are: January 1 S\ the third Monday in January, the third Monday
in February, the last Monday in May, July 4th, the first Monday in September, November 11 t\
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.
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 -- The Contractor shall refer to the PROJECT
LOCATION SURVEY DOCUMENTS section at the back of these Special Provisions for
California Land Surveyors Association (CLSA) and Consulting Engineers and Land Surveyors
of California (CELSOC) survey monument preservation guidelines.
SP-29
EXHIBIT B
2011-9
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.
All new and replaced survey ties shall be by transit method.
All existing monumentation shall be tied and recorded prior to construction. Comer
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 R1W
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 Comer Records or
Records of Survey shall be delivered to the City within 30 days of such filings.
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 V.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.
SP-30
EXHIBIT B
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 Engineer prior to proceeding with the work, and the Engineer shall issue appropriate
instructions. If the Contractor proceeds with the work so affected, without instructions from the
Engineer, the Contractor shall remove the incorrect work or make the necessary corrections to
comply with the Engineer's instructions at no cost to the City of San Bernardino.
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 Office of the City Engineer 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. 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
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.
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EXHIBIT B
2011-9
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 Engineer 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.
C. The Contractor and its affected subcontractors shall attend safety coordination
meetings. The minutes of their meetings shall be submitted to the Engineer.
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 Engineer 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 Engineer 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 Engineer shall have the authority to require that a mandatory meeting be
held at any time during normal work hours.
E. These meetings shall be attended by the Contractor, the Engineer or his/her
designee, and may subcontractors specified by the Engineer.
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EXHIBIT B
6-1.18 CONTRACTOR'S LIABILITY -- The City of San Bernardino, the Mayor
and Common Council, the City Manager or the City Engineer 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 property from any cause which
might have been prevented by the Contractor, or his workers, or anyone 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 not encroach on private property adjacent to this project in any phase
of the construction without first obtaining a signed Right Of Entry document from the property
owner and submitting this Right Of Entry to the Engineer for approval, prior to any entry or
encroachment onto private property.
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 City Engineer 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.
If, in the opinion of the Engineer, the precautions taken by the Contractor are not safe or
adequate at any time during the life of the Contract, the Engineer may order the Contractor to
take further precautions, and if the Contractor shall fail to do so, the Engineer 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 Engineer to order such
additional precautions, however, shall not relieve the Contractor from his full responsibility for
public safety.
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EXHIBIT B
2011-9
6-1.19 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.
6-1.20 CITY BUSINESS REGISTRA TION 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 its own expense.
Full compensation for conforming to the requirements of this section 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.
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.
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EXHIBIT B
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 Engineer 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 t%r 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 92374-9796
Phone: (909) 335-7772
Attn: Devery 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-35
EXHIBIT B
2011-9
4. VERIZON
1980 Orange Tree Lane, Suite 100
Redlands, CA 92374-2803
Phone: (909) 748-6655
Attn: Control Desk
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; TC I)
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.I. & T. - OSP Engineering
Cable Maintenance & Right of Way
2741 N. Main Street
Walnut, CA 94596-2714
Phone: (916) 799-4642
Attn: Rosemary Hamill, Cell Phone
A.T. & I. - Cable Hazards Center
Phone: (800) 252-1133
or
A.T. & T. - Plant Protection Services
Phone: (909) 381-7385 Attn: John Bradley
9. A.I. & 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
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EXHIBIT B
10. SPRINT COMMUNICATIONS
Attn: Outside Plant Engineering
282 South Sycamore Street
Rialto, CA 92376
Phone: (909) 874-7450
Attn: Lynn Durrett
11. MCI - Western Region OSP
Outside Plant Construction
157 S. Lilac Street
Rialto, CA 92376
Phone: (909) 421-5309
Attn: Chuck Trimble
12. CHARTER COMMUNICATIONS
7337 Central Avenue
Riverside, CA 92504-1440
Phone: (951) 343-5139
Attn: Dean Vandever
13. EAST VALLEY WATER DISTRICT
3654 Highland Avenue, Suite # 18
Highland, CA 92346-2607
Phone: (909) 888-8986
Attn: Leida Etherton
14. SAN BERNARDINO COUNTY INFORMATION SERVICES
NETWORK SERVICES
Attn: Randy Miller, Division Chief
670 E. Gilbert Street
San Bernardino, CA 92415
Phone: (909) 388-5910
Attn: Michele Watson
15. OMNITRANS
1700 W. 5th Street
San Bernardino, CA 92411
Phone: (909) 379-7153
Attn: Allen Wild - Stops & Station Changes
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2011-9
EXHIBIT B
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: Clemente Elizalde
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.
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EXHIBIT B
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 Engineer 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-39
EXHIBIT B
2011-9
SECTION 8
8-1 DESCRIPTION OF WORK
8-1.01 DESCRIPTION -- The work to be done consists, in general, of clearing
and grubbing, installing a modular building, amphitheater, basketball courts, parking lot, wet and
dry utilities, curb ramps, sidewalk, curb, installing metal hand railing, infill application of
aggregate base and asphalt pavement, modifying fencing with gates, removing/modifying
landscaping and irrigation in the path of improvements, applying traffic striping and pavement
marking, and other such items or details, not mentioned above, that are required by the Plans,
Standard Specifications, or these Special Provisions to be performed, placed, constructed or
installed.
The work to be done shall include furnishing all materials, tools, equipment, 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 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.
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EXHIBIT B
References in the Special Provisions to "CAL TRANS Standard Specifications" shall
mean the Standard Specifications, Latest Edition, 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 ofthese 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.
Plans and specifications must conform to the requirements of the City of San Bernardino,
American Concrete Institute (ACI), Uniform Building Code (UBC), 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".
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
Engineer, 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.
8-1.04 PROJECT LOCA nONS -- See separate bound Plans and Location List
included in this document.
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2011-9
EXHIBIT B
8-1.05 GENERAL -- Attention is directed to the provisions of Section 6-1,
"Construction Schedule and Commencement of Work", Section 6-7.1, "Time of Completion",
Section 6-8, "Completion, Acceptance and Warranty" and of Section 6-9, "Liquidated Damages"
of the Standard Specifications and these Special Provisions.
8-1.06 PRE-CONSTRUCTION MEETING -- The Pre-Construction Meeting
shall be within 10 working days of the notification of the award of the contract. The Contractor
shall, at the time of notification, inform the Construction Engineer 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.
8-1.07 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 Construction Engineer, prior to the Pre-Construction Meeting,
should special circumstances or conditions exist that might prohibit the Contractor from
commencing work as scheduled.
8-1.08 WORKING DAYS -- The Contractor shall diligently prosecute the work
to completion before the expiration of
~ WORKING DAYS
from the date of the "NOTICE TO PROCEED".
8-1.09 RESPONSIBILITY FOR DAMAGE -- Attention is directed to the
provisions in Section 7-9, "Protection and Restoration of Existing Improvements", of the
Standard Specifications. The Contractor shall indemnify and save harmless the City of San
Bernardino, and all officers and employees thereof connected with the work, in accordance with
the above section.
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EXHIBIT B
8-1.10 DIFFERING SITE CONDITIONS -- During the progress of the work, if
subsurface or latent physical conditions are encountered at the site differing materially from
those indicated in the contract or if unknown physical conditions of an unusual nature, differing
materially from those ordinarily encountered and generally recognized as inherent in the work
provided for in the contract, are encountered at the site, the party discovering such conditions
shall promptly notify the other party in writing of the specific differing conditions before they
are disturbed and before the affected work is performed.
Upon written notification, the Engineer will investigate the conditions, and if the
Engineer determines that the conditions materially differ and cause an increase or decrease in the
cost or time required for the performance of any work under the contract, an adjustment,
excluding loss of anticipated profits, will be made and the contract modified in writing
accordingly. The Engineer will notify the Contractor of his determination whether or not an
adjustment of the contract is warranted.
No conflict adjustment which results in a benefit to the Contractor will be allowed unless
the Contractor has provided the required written notice.
No contract adjustment will be allowed under the provisions specified in this section for
any effects caused on unchanged work.
Any contract adjustment warranted due to differing site conditions will be made in
accordance with the provisions in Section 3-4, "Changed Conditions", of the Standard
Specifications.
8-1.11 SUSPENSION OF WORK -- In addition to the requirements specified in
Section 6-3 of the Standard Specifications, the following shall apply:
SUSPENSION OF WORK ORDERED BY THE ENGINEER -- If the
performance of all or any portion of the work is suspended or delayed by the Engineer
in writing for an unreasonable period of time (not originally anticipated, customary, or
inherent to the construction industry) and the Contractor believes that additional
compensation or contract time or additional compensation and contract time is due as
a result of such suspension or delay, the Contractor shall submit to the Engineer in
writing a request for adjustment within 7 calendar days of receipt of the notice to
resume work. The request shall set forth the reasons and support for such adjustment.
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EXHIBIT B
2011-9
Upon receipt, the Engineer will evaluate the Contractor's request. If the
Engineer agrees that the cost or time or cost and time required for the performance of
the contract has increased as a result of such suspension and the suspension was
caused by conditions beyond the control of and not the fault of the Contractor, its
suppliers, or subcontractors at any approved tier, and not caused by weather, the
Engineer will make an adjustment (excluding profit) and modify the contract in
writing accordingly. The Engineer will notify the Contractor of his determination
whether or not an adjustment of the contract is warranted.
No contract adjustment will be allowed unless the Contractor has submitted the request
for adjustment within the time prescribed.
No contract adjustment will be allowed under the provisions specified in this section to
the extent that performance would have been suspended or delayed by any other cause, or for
which an adjustment is provided for or excluded under any term or condition of this contract.
8-1.12 PUBLIC SAFETY -- In addition to any other measures taken by the
Contractor pursuant to the provisions of Section 7-10, "Public Convenience and Safety", of the
Standard Specifications, the Contractor shall install temporary railing (Type K) between any lane
carrying public traffic and any excavation, obstacle, or storage area when the following
conditions exist:
(1) Excavations -- Any excavation near the edge of which is 12 feet or less from
the edge of the lane, except:
(a) Excavations covered with sheet steel or concrete covers of adequate
thickness to prevent accidental entry by traffic or the public.
(b) Excavations less than one foot deep.
(c) Trenches less than one foot wide for irrigation pipe or electrical conduit
or excavations less than one foot in diameter.
(d) Excavations parallel to the lane for the purpose of pavement widening
or reconstruction.
(e) Excavations in side slopes, where the slope is steeper than 4: 1.
(t) Excavations protected by existing barrier or railing.
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EXHIBIT B
(2) Temporarily Unprotected Permanent Obstacles -- Whenever the work includes
the installation of a fixed obstacle together with a protective system, such as a
sign structure together with protective railing, and the Contractor elects to
install the obstacle prior to installing the protective system; or whenever the
Contractor, for his convenience and with permission of the Engineer, removes
a portion of an existing protective railing at an obstacle and does not replace
such railing complete in place during the same day.
(3) Storage Areas -- Whenever material or equipment is stored within 12 feet of
the lane and such storage is not otherwise prohibited by the Specifications.
Except for installing, maintaining and removing traffic control devices, whenever work is
performed or equipment is operated in the following work areas the Contractor shall close the
adjacent traffic lane unless otherwise provided in the Specifications:
Approach speed of
public traffic
(Posted Limit)
(Miles Per Hour)
Work Areas
Over 45
Within 6 feet of a traffic lane
but not on a traffic lane.
35 to 45
Within 3 feet of a traffic lane
but not on a traffic lane.
When traffic cones or delineators are used to delineate a temporary edge of traffic lane,
the line of cones or delineators shall be considered to be the edge of traffic lane, however, the
Contractor shall not reduce the width or an existing lane to less than 10 feet without written
approval from the Engineer. The lane closure provisions of this section shall not apply if the
work are is protected by permanent or temporary railing or barrier.
When work is not in progress on a trench or other excavation that requires a lane closure,
the traffic cones or portable delineators used for the lane closure shall be placed off of and
adjacent to the edge of the traveled way. The spacing of the cones or delineators will be not
more than the spacing used for the lane closure.
SP-4S
2011-9
EXHIBIT B
8-1.13 LIQUIDATED DAMAGES -- The Contractor shall pay to the City of San
Bernardino the sum of $500.00 per day for each calendar day's delay in finishing the work in
excess of the number of working days prescribed above.
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 Engineer 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.
8-1.14 PROGRESS REPORTS AND ACCOUNTING OF CONTRACTOR
WORKING DAYS -- The Contractor shall submit periodic Progress Reports to the Engineer 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 Accountinf! ". of the
Standard Specifications is superseded by these Svecial Provisions. The Engineer 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 Engineer will provide working and non-working
days to the Contractor.
8-1.15 INSPECTION -- The Contractor is responsible to notify the Public
W orkslEngineering Division 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.
For inspection after regular working hours, see Section 6-1.06 "HOLIDAYS, WORKING
DAYS AND HOURS", of these Special Provisions.
SP-46
EXHIBIT B
8-1.16 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-47
2011-9
EXHIBIT B
SECTION 9
9-1 TRAFFIC CONTROL
9-1.01 GENERAL -- Attention is directed to Section 7-10, "Public Convenience and
Safety", of the Standard Specifications for Public Works Construction, 2008 Edition, revised per
2005 Cumulative Supplement, and these Special Provisions.
Warning signs, lights, cones, barricades and devices for use in performance of work upon
highways shall conform to the "Manual on Uniform Traffic Control Devices", current edition,
and the "California Supplement", current edition.
The Contractor shall submit and obtain City approval for traffic control and traffic
detour plans prior to the commencement of operations on a street. Traffic control plans
shall be based on the most recent "Manual on Uniform Traffic Control Devices", and the
"California Supplement", current edition.
All temporary traffic striping and maintenance shall be done by the Contractor, including
placement of temporary tape on all crosswalks. The Contractor shall restore all existing striping
to original configuration as directed by the Engineer.
All warning, regulatory and construction signs shall be fully reflectorized. The traffic
cones to be used shall be thirty-six inches (36") in height, rubber or plastic, and be reflectorized.
All work areas that remain after dusk must be properly lighted to the satisfaction of the Engineer.
The Contractor shall take all necessary measures to maintain a normal flow of traffic to
prevent accidents and to protect the work throughout the construction stages until completion of
the work. The Contractor shall be responsible for implementing the approved traffic control plan
based on the most recent "Manual on Uniform Traffic Control Devices" and "California
Supplement".
The Contractor shall make the necessary arrangements to provide and maintain barriers,
cones, barricades, construction warnings, regulatory signs and any other safety control devices,
including flagmen. The Contractor shall take measures necessary to protect all other portions of
the work during construction and until completion, providing and maintaining all necessary
barriers, barricade lights and striping, including crosswalks.
SP-48
EXHIBIT B
In addition to the foregoing traffic control and safety measures, the Contractor shall
undertake immediately to implement any measures requested by the Engineer, as defined
necessary to ensure the proper flow of traffic and the protection of the public and the safety of
the workers. The Contractor shall maintain at all times the ability to respond to calls from the
Engineer, including during non-working hours to replace or provide additional traffic control or
safety devices as required.
All places of business and residences along the streets that are within the limits of any
work shall be notified by the Contractor in writing at least seven (7) days prior to
commencement of work. This notification shall explain the sequence of work and indicate any
restrictions of parking and access. Verbal notification shall be given to all places of business and
residences at least 18 hours in advance of commencing work that will affect access to and from
their properties.
The Contractor shall notify all local authorities of his intent to begin work, in writing, at
least seven (7) days before work is begun.
9-1.02 TURN RESTRICTIONS The Contractor shall post appropriate Signs
restricting turns when directed to do so by the Engineer.
9-1.03 PARKING RESTRICTIONS Unless otherwise provided herein, the
Contractor may post temporary "NO PARKING" signs within the area of work as required to
facilitate construction operations, subject to approval ofthe Engineer.
Personal vehicles of the Contractor's employees shall not be parked 0 the traveled way at
any time.
The Contractor shall furnish, maintain, and install (seven days prior to the start of work)
all "TEMPORARY NO PARKING" signs with the duration of the no parking time written on
them. The Contractor will be responsible for posting, removing, and maintaining these signs as
required for this project. The Contractor shall cooperate with local authorities relative to handling
traffic through the area and shall make his own arrangements relative to keeping the working area
clear of parked vehicles.. The Contractor shall obtain prior approval from the Engineer for
removal of vehicles.
9-1.04 TRAFFIC LANES -- Traffic lanes shall have a minimum width of 10 feet. A
minimum shoulder width of 2 feet shall be provided adjacent to curbs, posts and other similar
obstructions, and 5 feet shall be provided adjacent to any excavation, unless otherwise authorized
by the Engineer.
SP-49
EXHIBIT B
2011-9
9-1.05 PUBLIC CONVENIENCE -- During the progress of work, adequate provisions
shall be made by the Contractor to accommodate the normal vehicular and pedestrian traffic
along streets, roads, and highways, immediately adjacent to or crossing the work, so as to cause a
minimum of inconvenience to the general public. Convenient access to abutting properties shall
be maintained and remain open, unless approved by the Engineer.
9-1.06 FLASHING ARROW SIGNS -- The Contractor shall furnish and maintain
flashing arrow signs (F AS) during lane closures or detours on streets. The Engineer shall
determine when F AS is required at any location.
9-1.07 LANE CLOSURE -- The Contractor shall not close more than one (1) lane at a
time. The Contractor shall submit traffic control plans and obtain written approval from the
Traffic Engineer prior to lane closure.
If lane closures are approved by the Engineer, the full width of the traveled way shall be
open for use by public traffic from 4:00 p.m. to 8:30 a.m., all day for Saturdays, Sundays, and
designated legal holidays, after 3:00 p.m. on Fridays and the day preceding designated legal
holidays, and when construction operations are not actively in progress on working days.
The Contractor shall install signs to notify the public of days and times that traveled lanes
or roads will be closed seven (7) days in advance of lane or road closures. No traveled lane will
be closed without authorized approval given by the Engineer. If any traveled lane or road is
allowed to be closed by the Engineer, the Contractor shall install signs to notify the public of
days and times that traveled lanes or roads will be closed seven (7) days in advance of the lane or
road closure.
The Contractor shall furnish, install, and upon completion of the work, remove all signs
and warning devices required for directing, protecting, and detouring the public during
construction.
Emergency vehicles shall be permitted access at all times to any street.
Unless otherwise authorized by the Engineer, pedestrian access shall be permitted to pass
through the work area, or an approved detour shall be provided. Safe and adequate pedestrian
access to all business establishments shall be continuous and unobstructed unless otherwise
approved by the Engineer.
sP-so
EXHIBIT B
9-1.08 PAYMENT -- Full compensation for furnishing and installing signs, lights,
flares, barricades, traffic control plan and other traffic control devices, necessary to expedite
passage of public traffic through the work area, shall be considered as included in the lump sum
prices paid for "TRAFFIC CONTROL", and no additional compensation will be allowed
therefor.
The provisions in this Section may be modified or altered if, in the opinion of the
Engineer, public traffic will be better served and work expedited. Said modifications or
alterations shall not be adopted until approved in writing by the Engineer. Such approved
modifications or alterations shall be adopted immediately and shall be considered paid in full as
a part of the lump sum contract bid price for "TRAFFIC CONTROL", and no additional
compensation will be allowed therefor.
SP-51
2011-9
EXHIBIT B
SECTION 10
10-1 MOBILIZATION
10-1.01 GENERAL -- Mobilization shall comply with the requirements of Section
9-3.4, "Mobilization", of the Standard Specifications.
Mobilization may include, but not be limited to, the following principle items:
1. Submittal and modification, as required, of the Construction Schedule.
2. Providing a Project Office.
3. Review of the Site.
4. Obtaining all required Transportation Permits.
5. Submittal of all required insurance certificates and bonds as required by these
Specifications
6. Moving onto the site, including, but not limited to:
a. Equipment
b. Arranging for and erection of Contractor' s work and storage areas.
7. Installing construction fencing and temporary construction power and wiring.
8. Providing a minimum of one restroom facility for each twenty-five (25) workers
occupying the site. Facilities may include existing functioning restrooms, or portable
chemical facilities, or any combination thereof, and shall count as one for each urinal
or one for each water closet (as required).
9. Installing all temporary utilities (as required).
10. Establishing required fire protection provisions.
11. Posting all OSHA required notices and establishment of safety programs.
12. Posting of all Department of Labor notices.
13. Having the Contractor's superintendent at the job site full-time and responding
24 hours per day.
14. Air and water quality protective measures, as necessary, and without limitation.
15. Potholing and other research and review as necessary to verify site conditions and
utility locations.
16. Demobilization ofthe Site.
17. Any other item as specified.
The cost of bonds, insurance, move in and move out costs, preparation and submission of
submittals, obtaining encroachment permits, and miscellaneous incidental costs, shall be
included in the Bid Item provided for mobilization and demobilization and incidental project
costs as a lump sum item, for which 75 percent (75%) will be eligible for inclusion in the first
progress payment, with the remaining 25 percent (25%) not eligible for inclusion until 100
percent (100%) ofthe work has been completed and if progress of the work is satisfactory.
SP-52
EXHIBIT B
No work shall be started without prior approval of the submittals. Failure to comply with
the preceding requirement will be sufficient ground for the Engineer to stop all work on the
project until the requirements are met.
10-1.02 PAYMENT The contract bid lump sum price paid for
"MOBILIZATION" shall be deemed to include the cost of work in advance of construction
operation and not directly attributable to any specific bid item, and no additional compensation
will be allowed therefor.
SP-53
2011-9
EXHIBIT B
SECTION 11
11-1 CLEARING AND GRUBBING
UNCLASSIFIED EXCAVATION AND UNCLASSIFIED FILL
11-1.01 GENERAL -- Clearing and grubbing, unclassified excavation and unclassified
fill shall comply with Section 300-1, "Clearing and Grubbing", Section 300-2, "Unclassified
Excavation", and Section 300-4, "Unclassified Fill", of the Standard Specifications and these
Special Provisions.
The lump sum bid item for "CLEARING and GRUBBING, Unclassified Excavation and
Unclassified Fill" shall include, but not be limited to, the following items as shown on the Plan,
or as specified in the Special Provisions:
1. Removing existing concrete curbs, curb and gutter, ramp, sidewalk, cross
gutter, spandrel, driveway approach and/or driveway, including saw cutting,
as shown on the Plans, and as directed by the Engineer.
2. Removing asphalt concrete pavement and/or concrete pavement material,
including saw cutting, as shown on the Plans, and as directed by the Engineer.
3. Removing and/or relocating any existing irrigation system or landscaping
which is in conflict with sidewalk or access ramp construction, within the City
right-of-way, as directed by the Engineer.
4. Removing existing shrubs which are in conflict with sidewalk or access ramp
construction, within the City right-of-way, as directed by the Engineer.
5. Removing and relocating existing wrought iron fence behind sidewalk at right
of way, as shown on the Plans and as directed by the Engineer.
6. Remove concrete foundations as required and as directed by the Engineer.
7. Traffic stripes and the pavement markings to be removed will be designated
by the Engineer.
SP-54
EXHIBIT B
Where blast cleaning is used for the removal of painted traffic stripes and
pavement markings or for removal of objectionable material, and such
removal operation is being performed within 10 feet of a lane occupied by
public traffic, the residue including dust shall be removed immediately after
contact between the sand and the surface being treated. Such removal shall be
by a vacuum attachment operating concurrently with the blast cleaning
operating.
Nothing in these Special Provisions shall relieve the Contractor from his responsibilities
as provided in Section 7-1.09, "Public Safety", of the Standard Specifications.
All removed concrete and other materials shall become the property of the Contractor and
shall be disposed of outside of the right-of-way in accordance with Section 300-2.2, "Unsuitable
Materials", and Section 300-2.6, "Surplus Material", of the Standard Specifications.
The Contractor shall grade the roadway as required, provide all unclassified excavating
and unclassified fill necessary for concrete curb, gutter, sidewalk, driveway approach and
paving, as indicated on the Plans and described in these Special Provisions. Excess and/or
unsuitable materials shall be removed from the site by the Contractor.
Where unclassified fill and grading is necessary in preparation for laying concrete, it shall
be made with clean earth which shall be solidly compacted to avoid future settlement.
Outside the traveled way, in areas to receive concrete, soil shall be compacted to a
relative density of not less than 90%.
Backfill for under the traveled way shall be compacted to a relative compaction of a
minimum of95%.
11-1.02 PAYMENT -- The contract bid lump sum price paid for "CLEARING and
GRUBBING, Unclassified Excavation and Unclassified Fill", shall be considered as full
compensation for doing all the work involved in clearing and grubbing, unclassified excavation
and unclassified fill, as directed by the Engineer, and no additional compensation will be allowed
therefor.
SP-55
EXHIBIT B
2011-9
Cost of compaction testing ordered by the Engineer shall be paid for in the following
manner:
1. Tests which do not meet the required relative compaction shall be paid for by the
Contractor, as a deduction from his contract.
2. Tests which do meet the required relative compaction will be paid for by the City.
SP-56
EXHIBIT B
SECTION 12 THROUGH SECTION 13
BLANK
SP-57
EXHIBIT B
2011-9
SECTION 14
14-1 ASPHALT CONCRETE
14-1.01 GENERAL -- Asphalt concrete shall comply with the requirements of Section
203-1, "Paving Asphalt", and Section 302-5, "Asphalt Concrete Pavement", of the Greenbook
Standard Specifications and these Special Provisions.
The Performance Grade of the asphalt concrete shall be PG 64-10.
14-1.02 TACK COAT -- Tack coat shall be applied in compliance with Sub-Section
302-5.4, "Tack Coat", of the Standard Specifications, and as directed by the Engineer.
14-1.03 PAYMENT -- The contract bid unit price paid per ton for "ASPHAL T
CONCRETE PAVEMENT", shall include full compensation for providing all the material and
equipment and for doing all the work involved in placing material, including application of tack
coat as required, overlaying, feathering (2' minimum width), complete in place, per the Plans,
the Standard Specifications, these Special Provisions, and as directed by the Engineer, and no
additional or separate compensation will be allowed therefor.
SP-58
EXHIBIT B
SECTION 15
15-1 AGGREGA TE BASE
15-1.01 GENERAL -- Aggregate base shall comply with requirements of Section
200-2, "Untreated Base Materials", and Section 301-2, "Untreated Base", of the Standard
Specifications and these Special Provisions, for crushed aggregate base.
Crushed rock for aggregate base shall be %-inch.
15-1. 02 PAYMENT The contract bid unit price paid per ton for
"AGGREGATE BASE, CRUSHED", shall include full compensation for doing all the work
involved in preparing the subgrade and placing material as shown on the Plans and as directed by
the Engineer, and no additional compensation will be allowed therefor.
SP-59
EXHIBIT B
2011-9
SECTION 16
16-1 PORTLAND CEMENT CONCRETE
16-1.01 GENERAL -- Portland Cement Concrete construction shall comply with
Section 201-1, "Portland Cement Concrete", and Section 303-5, "Concrete Curb, Walks, Gutters,
Cross Gutters, Alley Intersection, Access Ramps and Driveways", of the Standard Specifications,
as shown on the Plans, Standard Drawings and these Special Provisions.
Portland Cement Concrete shall be Class 520-C-2500, with a maximum slump of four (4)
inches.
16-1.02 PCC CURB RAMP -- Portland cement concrete curb ramp (ADA access
) including retaining curb as required, shall be constructed in accordance with the Public Works
Construction Standard Plan No. 111-4, and as directed by the Engineer.
16-1.03 PCC CURB, TYPE "A" -- Portland cement concrete curb, Type "A" shall
be constructed in accordance with the CITY Standard Drawing No. 200, and as directed by the
Engineer.
16-1.04 PCC SIDEWALK -- Portland cement concrete sidewalk, Case "A" or "B"
modified per the Plan, shall be constructed in accordance with the CITY Standard Drawing No.
202, and as directed by the Engineer.
SP-60
EXHIBIT B
The above-referenced Public Works Construction and City Standard Drawings are made a
part of these specifications. All work shall conform to the above standards to the extent feasible;
however, emphasis shall be given to matching dimensions of adjoining improvements, subject to
concurrence of the Engineer.
It is the Contractor's responsibility for the ramp-type selection with concurrence from the
Engineer, at every access ramp location, before proceeding to remove existing improvements.
No removals shall be done until it has been determined by the Contractor that an access ramp can
be installed that will meet all ADA requirements.
The Contractor will be responsible for replacement of any pull boxes and/or pull box
covers damaged prior to and/or during construction.
The Contractor shall protect all existing structures and facilities which are adjacent to the
limits ofthe work to be done under this contract, in accordance with Section 7-9, "Protection and
Restoration of Existing Improvements", of the Standard Specifications and these Special
Provisions.
16-1.05 BONDING -- Joints between new and existing concrete shall be given
surface preparation as follows:
1. Joints made with the mass of existing concrete by cutting, chipping, or grinding
shall be cleaned free of all loose deleterious material by thorough brooming and
compressed air jetting.
2. Original surfaces or existing concrete shall be cleaned free of bitumens, grease,
paint, and other deleterious materials and clean aggregate of at least 3/8-inch size
shall be exposed by rock hammer abrasive blast cleaning or machine scarifying.
16-1. 06 PAYMENT -- The contract bid unit price paid per linear foot for "PCC
CURB" shall include full compensation for furnishing all materials, equipment and incidentals,
and for doing all the work involved in constructing concrete curb, and concrete curb and gutter
with gutter modified to meet existing, complete in place, per the Plans the Standard
Specifications, these Special Provision, and as directed by the Engineer, and no additional
compensation will be allowed therefor.
SP-61
EXHIBIT B
2011-9
The contract bid unit price paid per square foot for "PCC SIDEWALK" shall include
full compensation for furnishing all materials, tools, equipment and incidentals, and for doing all
the work involved in constructing concrete sidewalk, sidewalk by-pass a minimum of 4' wide,
spandrel and cross gutter, modified to meet existing, complete in place, per the Plans, the
Standard Specifications, these Special Provisions, and as directed by the Engineer, and no
additional compensation will be allowed therefor.
The contract bid unit price paid per square foot for "PCC CURB RAMP (ADA
ACCESS)" shall include full compensation for furnishing all materials, tools, equipment and
incidentals, and for doing all the work involved in construction of the access ramp to meet
current ADA access ramp specifications, complete in place, per the Plans, the Standard
Specifications, these Special Provisions, and as directed by the Engineer, and no additional
compensation will be allowed therefor.
There will be "No Payment" of any kind for access ramps that do not meet the ADA
Standards and the APW A Standard Drawing No. 111-4 or Plan Details.
Asphalt concrete that is used to fill the area from the Contractor's operations (area that is
left after removing concrete forms from gutter face) shall be considered as included in the
contract bid unit price paid per ton for "ASPHALT CONCRETE", and no additional
compensation will be allowed therefor.
SP-62
EXHIBIT B
SECTION 17 THROUGH SECTION 22
BLANK
SP-63
2011-9
EXHIBIT B
SECTION 23
23-1 ROADSIDE SIGNS
23-1.01 GENERAL -- Relocation and new installation of roadside signs and posts shall
be installed at the locations shown on the Plans or where directed by the Engineer, and shall
conform to the Standard Specifications, the California Manual on Uniform Traffic Control
Devices ( MUTCD ), and these Special Provisions.
Signs and posts shall be installed in accordance with the CITY Standard Drawing No.
504, and as directed by the Engineer.
New installation shall not impede into required ADA access distance around obstacles. A
minimum clearance of 48" shall be maintained.
23-1.02 PAYMENT -- The contract bid unit price paid per each for "SIGN on Single
Post", shall include full compensation for furnishing all labor, materials, tools, equipment and
incidentals for doing all the work involved in removing and relocating roadside sign on single
post, all complete in place as shown on the Plans, as specified in the Standard Specifications and
these Special Provisions, and as directed by the Engineer, and no additional compensation will
be allowed therefor.
SP-64
EXHIBIT B
SECTION 24 THROUGH SECTION 49
BLANK
SP-65
2011-9
EXHIBIT B
SECTION 50
50-1 REMOVAL AND RESTORA nON OF EXISTING
I~ROVEMENTSEXCEPTSTREETPAVEMENT
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, Standard Drawing
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-66
EXHIBIT B
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 bid items of work involved, and no additional compensation will be allowed
therefor.
SP-67
EXHIBIT B
2011-9
SECTION 51 THROUGH SECTION 55
BLANK
SP-68
EXHIBIT B
SURVEY PRESERVATION GUIDELINES
AND
ADDITIONAL PROJECT SPECIFICATIONS
SP-69
EXHIBIT B
2011-9
SURVEY MONUMENT PRESERVATION GUIDELINES
CALIFORNIA LAND SURVEYORS ASSOCIATION
& CONSULTING ENGINEERS AND LAND SURVEYORS OF CALIFORNIA
Joint Professional Practice Committee - Riverside/San Bernardino and Desert Chapters
( In Cooperation with the Riverside & San Bernardino County Surveyors Office)
PREFACE:
The preceding public survey documents are provided from a search of records on file in the
City of San Bernardino, Office of the City Engineer.
All work is to be performed by a person or under the supervision of a person authorized to practice
Land Surveying (refer to Sub-section 6-1.10 "SURVEYING SERVICE" of these Special Provisions).
All new and replaced survey ties shall be by transit method.
The following regarding public works construction in the Public Right of Way is extracted from letter
from the above agencies, dated April 13, 2007:
NEW & RECONSTRUCTION PROJECTS
A. PRIOR TO CONSTRUCTION
(1.) The survey crew shall diligently search for all survey monuments of record and on the
surface of the road. It is suggested (that) the search (sh)ould include the use of a metal
detector. When the detector indicates the possibility of a buried survey monument, then
digging below the surface to uncover the monument within 2" of the road surface is
recommended.
(2.) The survey crew shall properly reference all found survey monuments, which may be
disturbed or covered during construction, to stable surface points.
(3.) The authorized surveyor shall properly complete a Comer Record or Record of Survey
for the monuments noted in (I)tem (2.), above. Prior to the start of any construction
work, the original or a print of the Comer Record or Record of Survey shall be submitted
to the County Surveyor for review, signature and filing.
B. AFTER CONSTRUCTION AND PRIOR TO RECORDING
NOTICE OF COMPLETION
1. All covered and disturbed monuments shall be reset with the same or more durable type
of monument as the original, in the surface of the construction. Key monuments shall be
a minimum 1" inside diameter iron pipe of appropriate length.
2. A monument box or other protective structure is recommended to be placed around key
monuments (section comers, quarter section comers).
3. The authorized surveyor shall properly complete a Comer Record of Record of Survey
for all set monuments with a change in character, including tag number, and submit it to
the County Surveyor for review, signature and filing.
NOTE: Parentheses above indicate changes to original text.
SP-70
EXHIBIT B
14LIt~ ~ I
P.O. BOX 90365, Pasadena. CA 91109-0365
PHONE; 626-798-7401 800-371-2436 FAX: 626-798-1482
BASKETBAll SETS 12C48-12P-UPGN[
4-11200.0. GALV. STD. WALL PIPE (SOH. 40)
WITH 6' CANTILEVER ARM & BRACE SET I I
WITH P.C. PERFORATED STEEL RECT. SHAPED BACKBOARD
WITH ULTIMATE PLAYGROUND GOAL WITH NYLON NET I
2011-9
EXHIBIT B
M)F 400 SERIES DRINKING FOUNTAIN SPECIFICATIONS
WATER QUALITY
(LEAD FREE)
I PEDESTAL
I RECEPTOR BOWL I
I BUBBLER HEAD
I PUSH BAR
I CONTROL VALVE I
WATER SUPPLY
(LEAD FREE)
I FINISH
I WASTE
I ACCESS
I INSTAllATION
I WINTERIZATION
I WARRANTY
I SHIPPING WT.
Fountain meets NSF-61 requirements and has a UL approved label with a UL tracking number.
One piece weld construction with MDF standard 3/16" wall thickness or optional 304 schedule 10
stainless steel.
18 gauge electro-polished stainless steel bowl. Bowl overlaps pedestal by 9/16". Prevents build-up of residue in
visual drinking area. Optional SS Bowl Strainer recommended for areas with sand.
Heavy-duty, stainless steel anti-squirt head mounted with lock nut and washer to prevent tampering. De-
signed to deliver a constant stream trajectory. Natural shield to prevent contamination.
304 stainless steel with 11/4" x 2" stainless steel housing. Mushroom style push bar overlaps and
prevents sand and other objects from sticking push bar in the ON position.
Non-cartridge stainless steel O-Ring valve delivers non-spurt, adjustable steady stream of water.
Washerless.
Maintenance-free reinforced nylobraid tubing and fittings, NSF-61 certified. This tubing is not plas-
tic. It is supplied with a 112" MIP threaded inlet with a stainless steel strainer. Union fittings at every
connection. Supply line stops above grade.
Oven-baked powder coat. Color choices: green, blue, brown, black, red, yellow, orange, white and chrome.
Textured color choices: emerald, sapphire, pyrite, text-black, burgundy, gold vein, copper and sandstone.
Stainless Steel fountains are powder coated for added protection and all colors listed are available.
1112" schedule 40 PVC pipe. Waste line stops above grade.
Working parts accessible through bowl of fountain for easy service.
Optional installations are DIRECT BURY or SURFACE MOUNT. Direct Bury is designed to be bur-
ied a depth of 14" in the ground with concrete poured around it. Surface Mount is designed to be
anchored on top of an existing surface (concrete, etc.) with anchor bolts through a mounting plate
that is welded to the fountain. Surface Mount fountains provide an access door with vandal-resis-
tant stainless steel screws. Surface Mount Carrier recommended for all surface mount installations.
Access door standard on all pedestal fountains. Flush Supply line before installing.
Shut off water and drain down.
One year warranty. Labor not included.
Model 400.....................................................125 Ibs.
Model 410* ................................................... 150 Ibs.
Model 440* ................................................... 150 Ibs.
Model 450* ..................................................... 45 Ibs.
Model 493* ................................................... 150 Ibs.
* Meets ADA regulations
Note: When ordering, please specify installation by DB or 5M, and stainless steel by 55. Always note your color choice
and options where applicable. (Options are added at an additional cost to the customer.) Example: Specify 41 0 DBSS to
order 41 0 Direct Bury Stainless Steel. Please call MDF to assist you with ordering, quoting and shipping.
T
MOST DEPENDABLE FOUNTAINS, INC.
(800) 552-6331. (901) 867-0039. Fax (901) 867-4008
5705 COMMANDER DR. . ARLINGTON, TN 38002-0587
www.mostdependable.com
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2011-9
ttll1rltttttl~ t~1rlttll~ IlIte.
Recommended Minimum Footing and Anchoring Method
for Model 7105 with Base
"
24"
24"
1. Cast (2) mounting thru holes
(grout pockets) minimum diameter
3", in footing as shown
2. Insert pipe(supplied with sign)
into holes in bottom of sign and
secure with epoxy
inimum below Grade.
Add height needed above grade.
3. Fill grout pockets with liquid grout
cement and lower sign on to footing
using epoxy between sign and footing
for final anchoring
* This footing is the minimum below grade requirement as reccomended by Outdoor Creeations, Inc.
Any additional requirement such as additional height, inset mounting pocket, changes to
mounting method for local code requirements, etc. To be the responsibilty of the
customer.
EXHIBIT B
2011-9
~lI\fone
Master Wall@
Coat Stucco (DCS)
Levell Section 09 24 23
P.O. Box 397 . Fortson. Georgia . 31808 . 800-755-0825
Technical. 800-760-2861. FAX 734-433-0930
. FAX 706-569-6704
Corporate .
PART 1 GENERAL
1.01 SECTION INCLUDES
A. Materials and installation of one coat stucco system.
1.02 RELATED SECTIONS
A. Provide all materials, labor, and equipment to install the Field Applied and/or Panelized Master Wall
Inc. One Coat Stucco System (OCS).
B. Related Sections:
1 . Concrete 03300
2. Unit Masonry 04200
3. Light Gauge Steel Framing 05400
4. Sheathing 06100
5. Sheet Metal Flashing and Trim 07620
6. Sealants 07900
7. Doors and Windows 08000
1.03 REFERENCED DOCUMENTS
A. ASTM Standards:
1. C 847 Standard Specification for Metal Lath
2. C 897 Aggregates for Job Mixed Portland Cement-Based Plaster
3. C 926 Standard Specification for Application of Portland cement-Based Plaster
4. C 1032 Standard Specification for Woven Wire Plaster Base
5. C 1063 Installation of Lathing and furring for Portland Cement-Based Plaster
1.04 TERMSIDEFIN/TIONS
A. Accessories - The closure trims, control joints metal reinforcement and mechanical fasteners used in
the installation of stucco.
B. Admixture - The addition of Master Wall Stucco Ad Liquid to improve the setting characteristics of
the OCS.
C. Applicator - The contractor that applies the OCS.
D. Aesthetic Projection - Typically a trim piece constructed of OCS or a Master Wall Aggre-flex Exterior
Insulation and Finish System (EIFS) material.
Page 1 of 14
EXHIBIT B
~lILVone
Master Wall@
Coat Stucco (DCS)
Levell Section 092423
P.o. Box 397 . Fortson. Georgia . 31808 . 800-755-0825
Technical. 800-760-2861. FAX 734-433-0930
. FAX 706-569-6704
Corporate .
E. Building Expansion Joint - A joint through the entire building structure designed to accommodate
structural movement.
F. Control Joint - a joint in the OCS designed to reduce and control thermal and shrinkage cracking.
G. Elastomeric - Factory mixed acrylic designed to bridge minor cracking in stucco.
H. Designer - The person or firm that is responsible to create the plans and specifications for the entire
project.
I. Expansion Joint - A designed joint in the continuity of a material, assembly, or system, designed to
accommodate movement.
J. Finish Coat - An acrylic based, factory mixed decorative and protective coating that is applied to the
base coat.
K. Insulation Board - Molded Expanded Polystyrene Board, manufactured in accordance with the EIFS
manufacturer's specifications, attached to the substrate and covered with the reinforced base coat and
finish.
L. MEPS - Molded Expanded Polystyrene Board, reference Insulation Board.
M. Reinforcing Mesh - Balanced, open weave, basic glass fiber mesh(es) supplied by the manufacturer of
the EIFS, treated for compatibility with other materials of the system, which functions to strengthen the
system and adds impact resistance.
N. Mechanical Fastener - Corrosion-resistant fastener intended for use with stucco.
O. Metal Reinforcement - Various forms of metal used to reinforce and support the stucco.
P. OCS - One Coat Stucco, a cementitious material consisting of Portland cement, fibers and proprietary
components.
Q. Sheathing - A substrate in a sheet form.
R. Substrate - The material to which the OCS is attached.
S. Trims - Specially manufactured products designed to terminate the OCS.
1.05 DESIGN REQUIREMENTS
A. Structural
1. Design for maximum allowable system deflection, normal to the plane of the wall, of U360.
2. Design for wind load in conformance with code requirements. Also consult applicable code
compliance report.
B. Moisture Control
1. Prevent the accumulation of water into or behind the OCS, either by condensation or leakage into the
wall construction, in the design and detailing of the wall assembly.
a. Provide corrosion resistant flashing to direct water to the exterior where it is likely to penetrate
components in the wall assembly, including, above window and door heads, beneath window and
door sills, at roof/wall intersections, decks, abutments of lower walls with higher walls, above
projecting features, and at the base of the wall.
b. Wall System Design - design wall to eliminate vapor condensation within the wall assembly.
c. Weather Resistant Barrier - Provide a barrier over framed construction consisting of a minimum of
two-layers asphalt felt meeting ASTM 0-226, Type 1, Grade 0 or building code-approved alternate.
Verify requirements with local building code authority.
d. Protect sills of rough openings with water resistant barrier or "peel and stick" type membranes
recognized by local codes. Where casing bead is used back-to-back at expansion joints back
joints with barrier membrane. Refer to Master Wall details.
C. Grade Condition
1. Keep OCS a minimum of 6" to 8" above grade in framed construction (varies by Code).
Page 2 of 14
EXHIBIT B
2011-9
~~one
Master Wall@
Coat Stucco (DCS)
Levell Section 092423
P.o. Box 397 . Fortson. Georgia . 31808 . 800-755-0825
Technical. 800-760-286" FAX 734-433-0930
. FAX 706-569-6704
Corporate .
D. Aesthetic Projections
1. Aesthetic projections may be formed out of OCS or EIFS. Slope all projections a minimum of
1 :2 to shed water. Follow local code guidelines for the installation of foam plastic insulation
(maximum 4" thick).
E. Expansion Joints
1. Provide expansion joints where directed by the design professional. Common locations
include the following:
A. Where building movement is anticipated.
B. At dissimilar substrates.
C. At floor lines in certain wood framed constructions.
D. Where the stucco meets dissimilar materials.
2. Expansion joint design depends upon the anticipated movement. Master Wall suggests the
following minimum sizes, subject to design acceptance: Windows/Doors - 3/8", Building
Expansion/Dissimilar Substrates & Materials - 1'2", Floor Line (shrinkage) - %".
F. Control Joints
1. Provide control joints where directed by the design professional. Common locations include the
following:
A. To limit cracking in the system at a maximum area of 144 ff (13.4 m\
B. Length to width ratio should not be more than 2.5: 1.
C. Off the corners of window/door heads or jamb.
D. At dissimilar substrates.
2. Increase joint requirements where thicker stucco or special structural conditions exist.
3. Typically control joints are tied to the metal lath, which is cut to make two discontinuous slabs.
4. When OCS is bonded to a solid substrate such as concrete or masonry the control joint
requirements may be revised. Control joints may be aligned with any control joints in the plaster
base.
G. Provide appropriate sealant at stucco terminations using a sealant designed for cement/stucco use
(sealant trades, Section 07920).
H. Indicate location of joints, accessories and accessory type on architectural drawings.
I. Fire Protection
1. Do not use foam plastic in excess of 4 inches (100 mm) thick unless approved by the code official.
2. Refer to manufacturer's applicable code compliance report for other limitations and fire-resistive
assemblies that may apply.
J. Solid Substrates
1. Provide surface plane tolerance not to exceed y.. inch in 10 feet (3 mm in 1 m).
2. Concrete-prevent the use of form oil, curing compounds or other bond breakers that inhibit bond to
the surface or provide for their removal.
3.Concrete Masonry-provide open texture concrete masonry units with flush joints.
4. Brick - soft to medium fired, porous to provide acceptable bond for stucco.
Page 3 of 14
EXHIBIT B
~=rone
Master Wall@
Coat Stucco (DCS)
Levell Section 09 24 23
P.o. Box 397 . Fortson . Georgia . 31808 . 800-755-0825
Technical. 800-760-2861. FAX 734-433-0930
. FAX 706-569-6704
Corporate .
1.06 PERFORMANCE REQUIREMENTS
A. System Performance
The OCS shall conform to the following minimum standards:
ASTM Description Results
Standard
C67 FreezelThaw Pass ICBO ACII Criteria
C109 Comoressive Strenoth 3000 osi
E84 Surface Burning Flame Soread=O, Smoke Develooed=O
E119 Fire RatinQ One Hour
E330 Transverse Load +/- 150 psf Ultimate. Allowable varies bv Code
G26 Accelerated WeatherinQ Pass 2000 Hours
1.07 SUBMITTALS
A. The Applicator shall submit a list of completed projects of like size and complexity.
B. The Applicator shall submit a certificate of training indicating that they have been given instructions on
the proper installation of the OCS.
C. The Applicator shall submit Manufacturer's current literature, brochures, specifications, and details.
D. The Applicator shall submit sufficient samples of each finish texture and color selected. The samples
shall be prepared with the same tools and techniques required for the actual project. Color and texture
should be approved based on the job site mock-up samples.
E. The Applicator shall provide any shop drawings that may be applicable to the project for approval by
the project architect.
1.08 DELIVERY, STORAGE AND HANDLING
A. Deliver all materials in original unopened packages with labels intact. Verify all quantities, colors, and
textures against bill of lading.
B. Store all materials protected from direct exposure to weather conditions and at temperatures not less
than 400 F W C) or greater than 1100 F (430 C).
C. Stack insulation board flat, fully supported off the ground and protected from direct exposure to the sun.
D. Material safety data sheets (MSDS) shall be supplied for the components of the OCS and be available
at the job site.
1.09 JOB CONDITIONS
A. Ambient air temperatures shall be 400 F (40 C) or greater and rising at the time of installation of the
Master Wall Inc. products and shall remain at 400 F (40 C) or greater for at least 24 hours after
application.
B. Provide supplemental heat and protection as required when the temperature and conditions are not in
accordance with installation requirements. Sufficient ventilation and time shall be provided to ensure
that materials have sufficiently dried prior to removing supplemental heat.
C. Adequate protection shall be provided to prevent weather conditions (humidity, temperature, and
precipitation) from having an affect on the curing or drying time of Master Wall Inc. materials.
D. Adjacent materials and the OCS shall be protected during installation and while curing from weather
and shall be protected from site damage.
E. Coordinate installation of the OCS with related work specified in other sections to ensure that the wall
assembly is protected to prevent water from getting behind the system. The cap flashing shall be
installed as soon as possible after the finish coat has been applied. When this is not possible,
temporary protection shall be provided immediately in this area.
F. All sealants shall be installed in a timely manner. Protect open joints from water intrusion during
construction with backer rod, or temporary covering, until permanently sealed.
Page 4 of 14
EXHIBIT B
2011-9
~=.\fone
Master Wall@
Coat Stucco (DCS)
Levell Section 09 24 23
P.O. Box 397 . Fortson . Georgia . 31808 . 800-755-0825
Technical. 800-760-286" FAX 734-433-0930
. FAX 706-569-6704
Corporate .
G. Sufficient manpower and equipment shall be employed to ensure a continuous operation, free of cold
joints, scaffolding lines, and texture variations, etc.
H. Solid substrates shall be allowed to cure long enough to support the stucco work. Minimum 28 days for
concrete and masonry units.
1.10 REPAIR AND MAINTENANCE
A. Refer to Master Wall Inc. specific repair and maintenance procedures.
1.11 LIMITED MATERIALS WARRANTY
A. A Limited Materials Warranty shall be issued upon the receipt of a properly completed warranty request
form.
PART 2 PRODUCTS
2.01 MANUFACTURERS
A. Master Wall Inc.
B. Provide one coat stucco system from single source manufacturer.
2.02 BONDING AGENT
A. Stucco Ad Liquid--water based acrylic resin bonding agent for brush or roller application to prepared
masonry surfaces.
2.03 MOISTURE BARRIER (supplied by others)
A. Minimum 14-lb/100 fl2 (0.683 kg/m2) vapor permeable asphalt saturated felt in compliance with ASTM 0
226.
B. Other weather barrier meeting the local building code criteria.
2.04 LATH (supplied by others; select one depending on type construction)
A. Minimum No. 20 gauge 1 inch (25 mm) self-furred galvanized steel woven wire fabric in compliance
with ASTM C 1032.
B. Minimum 1.75 Ib.lyd2 (1.4 kg/m2) self-furred galvanized steel diamond mesh metal lath in compliance
with ASTM C 847.
2.05 MECHANICAL FASTENERS (by others)
A. Appropriate non-corroding fasteners, depending on the type framing or substrate:
1. Wood Framing--minimum 11 gauge, 7/16 inch (11 mm) diameter head galvanized roofing nails
with minimum % inch (19mm) penetration into studs or minimum #8 Type S wafer head fully
threaded corrosion resistant screws with minimum % inch (19 mm) penetration into studs.
2. Steel Framing-minimum #8 Type S or S-12 wafer head fully threaded corrosion resistant
screws with minimum 3/8-inch (9.5 mm) penetration into studs.
3. Concrete or Masonry-minimum # 8 wafer head fully threaded corrosion resistant screws for
masonry with minimum 1 inch (25 mm) penetration into substrate.
B. Tie Wire-18 gauge galvanized and annealed low-carbon steel in compliance with ASTM A 641 with
Class I coating.
Page 5 of 14
EXHIBIT B
~ =.vOne
Master Wa"@
Coat Stucco (DCS)
Levell Section 09 24 23
P.o. Box 397 . Fortson . Georgia . 31808 . 800-755-0825
Technical. 800-760-2861. FAX 734-433-0930
. FAX 706-569-6704
Corporate .
2.06 ACCESSORIES (by others)
A. Weep screed, casing bead, corner bead, cornerite, corner lath, expansion and control joint
accessories. All accessories shall meet the requirements of ASTM C 1063 and its referenced
documents:
1. PVC plastic in compliance with ASTM 0 1784, cell classification 13244C.
2. Zinc in compliance with ASTM B 69.
3. Galvanized metal in compliance with ASTM A 653 with G60 coating.
B. All accessories shall have perforated or expanded flanges and shall be designed with grounds for the
specified thickness of stucco.
2.07 JOB MIXED INGREDIENTS
A. Water: Clear, clean and potable without any foreign matter in the solution that may affect the color and
setting qualities of the cement, adhesive, base or finish coat.
B. Sand: Clean, well graded sand free of deleterious materials in compliance with ASTM C 897.
C. Cement: Type I or I-II Portland cement meeting ASTM C-150.
O. Stucco Admixture
1. Stucco Ad Liquid-water based acrylic resin admixture for Master Wall One Coat Stucco.
2.08 STUCCO (select one)
A. Master Wall One Coat Stucco -factory proportioned, fiber reinforced (or non-fibered) Portland
cement based stucco for trowel or pump application, field mixed with graded sand (ASTM C 897)
and water.
B. Master Wall Ready One Coat Stucco - factory proportioned, fiber reinforced (or non-fibered)
Portland cement based stucco for trowel or pump application, field mixed with water.
2.09 EIFS BUILD-OUTS
A. Adhesive
1. Foam & Mesh (F&M) Adhesive: An acrylic-based product mixed one-to-one by weight with
Portland cement for use as the adhesive to bond insulation board to an approved substrate.
2. Master Wall Bagged Base Coat (MBB) " A polymer based cementitious product mixed with 5 to 6
quarts of water for use as an adhesive.
3. F & M Plus: An acrylic-based product mixed one-to-one by weight with Portland cement designed
for use as the adhesive to bond insulation board to an approved substrate.
B. Insulation Board
1. Master Wall Insulation Board--nominaI1.0 Ib/ft3 (16 kg 1m3) Expanded Polystyrene (EPS)
Insulation Board in compliance with ASTM C 578 Type I and Master Wall requirements.
Minimum 1" to a maximum of 4" thickness.
C. Reinforcing Mesh (select one):
1. Detail Mesh - nominal 4.5 oz.lsq. yd. open weave glass fiber fabric, treated for alkaline resistance
and compatibility with Master Wall Base Coats, and conforming to ASTM 0-76, 0-579, 0-5035, and
MIL-Y-1140.
2. Standard Mesh - nominal 4.5-oz.lsq. yd. open weave glass fiber fabric, treated for alkaline
resistance and compatibility with Master Wall Base Coats, and conforming to ASTM 0-76, 0-579,
0-5035, and MIL-Y-1140.
Page 6 of 14
EXHIBIT B
2011-9
~ lCdfOne
Master Wall@
Coat Stucco (DCS)
Levell Section 09 24 23
P.O. Box 397 . Fortson . Georgia . 31808 . 800-755-0825
Technical. 800-760-286" FAX 734-433-0930
. FAX 706-569-6704
Corporate .
D. EIFS Base Coats:
1. Foam & Mesh (F&M) Adhesive: An acrylic-based product mixed one-to-one by weight with
Portland cement designed for use with reinforcing mesh as the base coating over the insulation
board.
2. Master Wall Bagged Base Coat (MBB): A polymer based cementitious product mixed with 5 to 6
quarts of water for use as an adhesive and base coating over the insulation board.
3. F&M Plus: An acrylic-based high build product mixed one-to-one by weight with Portland cement
designed for use with reinforcing mesh as the base coating over the insulation board. (This product
shall be used where indicated on the construction drawings when a leveling base coat is required.)
4. Guardian: An acrylic-based product mixed one-to-one by weight with Portland cement for use as
the adhesive to bond insulation board to an approved substrate andlor as a base coat with
reinforcing mesh over insulation board. (This product should be used as designated on the
construction drawings where additional resistance to moisture is needed.)
2.10 PRIMER (optional)
A. Master Wall Primecoat: acrylic-based tinted primer.
(Note: priming equalizes substrate absorption for a better-looking project)
2.11 FINISH COAT
A. Superior Finish: Master Wall Inc.'s Superior Finishes are acrylic-based wall coatings available in a
variety of colors and textures. The following textures are available:
1. Perfect - riled texture
2. Spray - sand type texture
3. R-Coarse - coarse riled texture
4. Desert Sand - coarse sand texture
5. Refinish - Fine texture used to create numerous finishes
6. Aggre-f1ex Superior Stone Finish - clear acrylic matrix filled with colored ceramic beads
B. Superior Elastomeric or Elastomeric Plus Finish (optional): Master Wall Inc.'s Superior Finishes
using elastomeric polymers to bridge minor cracking. The following textures are available:
1. Perfect - riled texture
2. Spray - sand type texture
3. R-Coarse - coarse riled texture
4. Desert Sand - coarse sand texture
5. Refinish - Fine texture used to create numerous finishes
(Note.. The above textures excluding Aggre-f1ex Superior Stone Finish are also available in the Aggre-f1ex Superior
Silicone Coat product line. Aggre-f1ex Superior Silicone Coat combines acrylic and the siloxane polymers to
provide the maximum resistance to moisture. )
Page 7 of 14
EXHIBIT B
~~one
Master Wa"@
Coat Stucco (DCS)
Levell Section 092423
P.o. Box 397 . Fortson. Georgia . 31808 . 800-755-0825
Technical. 800-760-286" FAX 734-433-0930
. FAX 706-569-6704
Corporate .
2.12 MIXING
A. Stucco Ad Liquid: Shake sealed container or mix before use to a homogeneous consistency.
B. Master Wall One Coat Stucco: Mix 200 Ibs. (90 kg) of sand to an 80 Ib (36 kg) bag of Master Wall
One Coat Stucco. Add pre-blended dry mix to 5-7 gallons (19-27 L) of clean potable water. Mix with
paddle type mortar mixer to a uniform consistency. Avoid retempering. Keep mix ratio consistent and
mix each batch separately. Do not exceed maximum amount of water in mix ratio.
C. Master Wall Ready One Coat Stucco: Each bag of Ready OCS is mixed with clean, potable water.
Using a clean mixer, first add 1/2 to 2/3 the water required, 1 bag Ready OCS, then the rest of the
water to achieve the desired workability. Mix materials for 3 to 5 minutes after all materials are in the
mixer. Total water content can vary between 1 to 1.5 gallons.
D. Foam & Mesh (F&M) Adhesive: Mix F&M at a weight ratio of 1 to 1 with Portland Type I or 1/11, white
or grey cement. Mix using a Y:,", 400-500 RPM drill motor and Wind-lock B-MTW Mixer or equivalent.
Let stand for 3-5 minutes and remix until the desired consistency is achieved. Small amounts of clean
water can be added for workability. Do not over mix.
E. Master Wall Bagged Base Coat (MBB): Add 5 to 6 quarts of water with the 50-lb. bag in a clean
bucket for mixing. Mix the MBB with a Wind-lock B-MTW Mixer or equivalent using a Yz", 400-500 RPM
drill motor. Let stand for 3-5 minutes and remix until the desired consistency is achieved. Small
amou nts of clean water can be added for workability. Do not over mix.
F. F&M Plus: Mix F&M Plus at a weight ratio of 1 to 1 with Portland Type I or 1/11, white or grey cement.
Mix using a Yz", 400-500 RPM drill motor and Wind-lock B-MTW Mixer or equivalent. . Let stand for 3-5
minutes and remix until the desired consistency is achieved. Small amounts of clean water can be
added for workability. Do not over mix.
G. Guardian: Mix Guardian at a weight ratio of 1 to 1 with Portland Type I or 1/11, white or grey cement.
Mix using a Yz", 400-500 RPM drill motor and Wind-lock B-MTW Mixer or equivalent. . Let stand for 3-5
minutes and remix until the desired consistency is achieved. Small amounts of clean water can be
added for workability. Do not over mix.
H. Superior Finishes: Mix the finish coat with a Wind-lock B-MTW using a W', 400-500 RPM drill motor.
Small amounts of water can be added for workability. Mix until reaching a uniform consistency. (It is
important that the same amount of water be added to each pail to ensure a consistent color.)
I. Additives shall not be added to Master Walllnc.'s materials unless written approval has been received
from Master Wall Inc.
I. Mix only as much material as can readily be used.
J. Do not use anti-freeze compounds or other additives.
Page 8 of 14
EXHIBIT B
2011-9
~ =.fane
Master Wall@
Coat Stucco (DeS)
Levell Section 092423
P.O. Box 397 . Fortson . Georgia . 31808 . 800-755-0825
Technical. 800-760-2861. FAX 734-433-0930
. FAX 706-569-6704
Corporate .
PART 3 EXECUTION
3.01 INSPECTION
A. Prior to the application of the OCS, the substrate shall be examined for compliance with the contract
documents and Master Wall Inc. specifications. The substrate shall have no planar irregularities greater
than y.." in 1 0'. The General Contractor and Architect shall be advised in writing of any discrepancies.
Work shall not proceed until unsatisfactory conditions are corrected.
3.02 PREPARATION
A. Protect contiguous work from damage during application of the OCS. Temporary covering may be
required to prevent over spray or splattering of exterior finish coatings on other work.
B. Protect substrate from inclement weather during installation. Prevent infiltration of moisture behind the
system that may affect the substrate or the adhesion of the insulation board to the substrate.
C. OCS, Adhesive, Base Coats and Finishes shall not be installed when ambient air temperature is below
400F (40C). The temperature shall remain at or above 400F (40C) during mixing, application and until
materials have cured.
D. Sufficient scaffolding, manpower and tools shall be provided to prevent cold joints.
E. The substrate shall be clean to obtain optimum bond between substrate and adhesive used to attach
insulation board.
F. Flashings shall be installed as required by construction documents and Master Walllnc.'s details in a
manner to prevent the intrusion of water behind the OCS. All flashing materials should direct the water
to the exterior face of the finished system.
3.03 INSTALLATION, GENERAL
A. Comply with the manufacturers' current published instructions, (specifications, details, data sheets and
technical bulletins) for the installation of the OCS.
B. Comply with local building codes.
3.04 SURFACE PREPARATION
A. Concrete (Cast-in-Place)
1. Provide a surface that is slightly scarified, water absorbent, straight and true to within y.." in 1 0'-
0". Grind down any projections and remove any form release agents by an appropriate
method. Establish surface profile by sandblasting, water blasting, wire brushing, chipping or
other appropriate means. Remove all dust, dirt, grease, laitance or other bond inhibiting
material. Pre-moisten highly absorbent surfaces with water or Stucco Ad Liquid prior to
placement of stucco.
B. Concrete Masonry Units
1. Remove projecting joint mortar so it is even with the plane of the wall. Remove surface
contaminants such as efflorescence, existing paint or any other bond inhibiting material by
sandblasting, water blasting, wire brushing, chipping or other appropriate means. Pre-moisten
highly absorbent surfaces with water or Stucco Ad Liquid prior to placement of stucco.
C. Gypsum Sheathing in compliance with ASTM C79, Glass Mat Faced Gypsum Sheathing in compliance
with ASTM C 1177 and Exterior or Exposure 1 wood-based sheathing (plywood and OSB [Oriented
Strand Board]).
1. Verify acceptable installation of sheathing according to the type of sheathing specified.
2. Protect the substrate with a moisture barrier as required by the applicable code and
Install lath and accessories.
Page 9 of 14
EXHIBIT B
~~one
Master Wall@
Coat Stucco (DCS)
Levell Section 092423
P.O. Box 397 . Fortson. Georgia . 31808 . 800-755-0825
Technical. 800-760-2861. FAX 734-433-0930
. FAX 706-569-6704
Corporate .
3.04 INSTALLATION
After satisfactory inspection of surfaces and correction of any deviations from specification requirements
commence the stucco installation in accordance with A or B below.
A. Installation over new cast-in-place concrete or concrete masonry units (unreinforced):
1. Install foundation weep screed at the base of the wall.
2. Install casing beads at stucco terminations-doors, windows and other through wall
penetrations. Install two piece expansion joints (or back-to-back casing beads) at joints in the
supporting construction, building expansion joints, where the stucco is to be installed over
dissimilar construction or substrates, at changes in building height, at floor lines, columns, and
cantilevered areas as directed on the construction documents. Install one-piece expansion
joints at corners of windows, doors and similar through wall penetrations, and every 250 ft2 (23
m2). Install corner bead at outside corners and corner lath at inside corners. Install full
accessory pieces where possible and avoid small pieces. Seal adjoining pieces by embedding
ends in sealant. Abut horizontal into vertical joint accessories. Attach at no more than 7
inches (178 mm) on center into concrete/masonry with appropriate fasteners.
3. Pre-moisten concrete masonry units and absorbent concrete prior to the placement of stucco
(unless Stucco Ad Liquid has been applied to the CMU surface).
4. Scratch Coat: apply the stucco with sufficient pressure to ensure intimate contact with the
substrate and complete coverage to an approximate thickness of 1/4 inch (6 mm). Score the
stucco upon completion of each panel in preparation for a second coat. Score horizontally.
5. Brown Coat: as soon as the first coat is firm enough to receive the second coat without
damage, apply the second coat with sufficient pressure to ensure intimate contact with the first
coat to an approximate thickness of 1/8" or Yo" (3 or 6 mm) and as needed to bring the stucco
to the desired thickness. Use a rod or straight edge to bring the surface to a true, even plane.
Fill depressions in plane with stucco.
6. After the stucco has lost sufficient moisture so that the surface sheen has disappeared, float
the surface lightly with a derby or wood float to density the surface and to provide a smooth,
even surface. Float before the stucco becomes so rigid that it cannot be moved beneath the
float.
7. Moist cure after the stucco has set by lightly fogging the surface for at least 48 hours except if
Stucco Ad Liquid was used in the mix. Fog as frequently as required during the 48-hour
period to prevent loss of moisture from the stucco. Avoid eroding the stucco surface with
excess moisture. If relative humidity exceeds 75% the frequency of moist-curing can be
diminished.
B. Installation over frame construction with sheathing:
1. Weep Screed Installation
a. Install foundation weep screed at the base of the wall securely to framing with the
appropriate fastener. Locate foundation weep screed so that it overlaps the joint between
the foundation and framing by a minimum of 1 inch (25 mm). Locate the foundation weep
screed minimum 4 inches (101 mm) above earth grade, 2 inches (51 mm) above finished
grade (paved surfaces, for example).
2. Weather Protection
a. Protect sills of rough openings with barrier membrane.
b. Apply moisture barrier in compliance with the applicable building code.
Wrap paper into rough opening and lap over barrier membrane at jambs. Lap paper over
foundation weep screed attachment flange and window/door head flashings. Refer to
Master Wall Details.
(Note: the exact installation of a weather barrier varies depending upon local building codes.
Verify specific requirements with your local building official).
Page 10 of 14
2011-9
EXHIBIT B
M f\eQER Master Walr~
~ _LL~ One Coat Stucco (OCS)
Levell Section 09 24 23
Corporate . P.O. Box 397 . Fortson . Georgia . 31808 . 800-755-0825 · FAX 706-569-6704
Technical. 800-760-286" FAX 734-433-0930
3. Casing Bead and Expansion Joint Installation
a. Install casing beads at stucco terminations-doors, windows and other through wall
penetrations. Install expansion joints (or back-to-back casing beads) at building expansion
joints, where the stucco is to be installed over dissimilar construction or substrates, at
changes in building height, at floor lines, columns, and cantilevered areas. Install one-
piece expansion}Oints at corners of windows, doors and similar through wall penetrations,
and every 144 ft (13.4 m\ Install full accessory pieces where possible and avoid small
pieces. Seal adjoining pieces by embedding ends in sealant. Abut horizontal into vertical
joint accessories. Attach at no more than 7 inches (178 mm) into framing with appropriate
fasteners.
(Note: refer to architectural drawings for joint locations and accessory type. Moisture
protection must be continuous behind joints and accessories.)
4. Lath Installation
a. Diamond Mesh Metal Lath
1) General--install metal lath with the long dimension at right angles to structural framing.
Terminate lath at expansion joints. Do no install continuously beneath joints.
2) Seams/overlaps - overlap side seams a minimum of Y:z inch (13 mm) and end seams a
minimum 1 inch (25 mm). Stagger end seams. Overlap casing beads and expansion
joints minimum 1 inch (25 mm) over the narrow wing accessories and 2 inches over
expanded flange accessories. Do not install lath continuously beneath expansion
joints.
3) Attachment--fasten securely through sheathing into structural framing at 7 inches (178
mm) on center maximum vertically and 16 inches on center horizontally*. Wire tie at
no more than 9 inches (225 mm) on center at: side laps, accessory overlaps, and
where end laps occur between supports.
a. Welded wire fabric lath-follow installation as for metal lath except overlap all
seams by one mesh minimum.
b. Paper-backed lath-follow installation as for metal lath. Lap lath over lath, not
paper to lath overlap. For horizontal overlaps the paper backing must lap shingle
style behind the lath-to-Iath overlap.
(*Note: the type fastener selected, its layout and pullout or withdrawal value from the
supporting construction must be verified and approved by the project engineer/architect with
respect to design wind load and local building code requirements).
5. Control Joint Installation
a. Install control joints at through wall penetrations, for example, above and below doors or
windows (unless another type of expansion joint is already provided at these locations or
one piece expansion joints are already provided). Install control joints over lath every 144
ft2 (13.4 m2) (as indicated on the construction documents). Wire tie control joints to lath at
no more than 7 inches (178 mm) on center. Make certain lath is broken beneath joints.
6. Inside and Outside Corners
a. Install corner lath at inside corners and corner bead at outside corners over lath. Attach
through lath into framing at no more than 7 inches (178 mm) on center with appropriate
fasteners.
Page 11 of 14
EXHIBIT B
~lCd?one
Master Wall@
Coat Stucco (OCS)
Levell Section 092423
P.o. Box 397 . Fortson. Georgia . 31808 . 800-755-0825
Technical. 800-760-286" FAX 734-433-0930
· FAX 706-569-6704
Corporate .
7. One Coat Stucco Installation
a. Scratch Coat: apply stucco with sufficient pressure to key into and embed the metal lath.
Apply sufficient material, approximately 3/8 inch (9mm), to cover the metal lath and to
permit scoring the surface. Score the stucco upon completion of each panel in preparation
for a second coat. Score horizontally.
b. Brown Coat: as soon as the first coat is firm enough to receive the second coat without
damage, apply the second coat with sufficient pressure to ensure intimate contact with the
first coat to an approximate thickness of 1/8, y.. or 3/8 inch (3, 6 or 9mm) as needed to
bring the stucco to a uniform thickness that matches the grounds of the accessories. Use
a rod or straight edge to bring the surface to a true, even plane. Fill depressions in plane
with stucco.
c. After the stucco has become slightly firm float the surface lightly with a Darby or wood float
to density the surface and to provide a smooth, even surface.
(Note: The proper time to float is when the wood float no longer sticks to the surface of the
stucco)
d. Moist cure after the stucco has set by lightly fogging for at least 48 hours unless Stucco
Ad Liquid was used in the mix. Fog as frequently as required during the 48-hour period to
prevent loss of moisture from the stucco. Avoid eroding the stucco surface with excess
moisture. If relative humidity exceeds 75% the frequency of moist curing can be
diminished.
8. EIFS Build-Outs
a. Where EIFS build-outs terminate at a dissimilar material such as a window, door or other
non-stucco surface, backwrap the EIFS build-out by installing Master Wall Detail Mesh
onto the terminating edge of the stucco. Embed the mesh in the EIFS Adhesive. Allow
the mesh to dangle until the backwrapping procedure is completed.
b. Install EIFS build-outs directly over hardened stucco with EIFS adhesive. Apply adhesive
with the appropriate size notched trowel to the back of the insulation board and
immediately place build-out in the proper location on the wall. Press firmly into place.
c. As soon as the EIFS build-out is firmly attached rasp the entire surface smooth.
d. Complete the backwrapping procedure by applying the EIFS base coat to the exposed
edges of the EIFS build-out and minimum 2-1/2 inches (64 mm) onto the face. Pull the
backwrap mesh around the EIFS build-out and fully embed it into the EIFS base coat. Use
a corner trowel for neat straight corners.
e. Apply the EIFS base coat to the EIFS build-out and approximately 3 inches (76 mm) onto
the adjacent stucco surfaces to an approximate thickness of 1/16 inch (1.5 mm).
Immediately embed the reinforcing mesh in the wet base coat. Trowel from the center to
the edges of the mesh to avoid wrinkles and remove excess base coat. Overlap mesh
seams minimum 2-1/2 inches (64 mm). Overlap mesh onto adjacent stucco wall surfaces
minimum 2-1/2 inches (64 mm) at terminations of the EIFS build-out and feather onto the
stucco wall surface.
(Note: do not install EIFS build-outs over joints in the stucco wall assembly Terminate EIFS build-
outs and backwrap in accordance with instructions above.)
Page 12 of 14
2011-9
EXHIBIT B
~=Vone
Master Wall@
Coat Stucco (DCS)
Levell Section 09 24 23
P.o. Box 397 . Fortson. Georgia . 31808 . 800-755-0825
Technical. 800-760-286" FAX 734-433-0930
. FAX 706-569-6704
Corporate .
9. Primecoat Application (optional)
a. Apply Primecoat evenly with brush, roller or proper spray equipment over the clean, dry
stucco and EIFS build-outs and allow to dry thoroughly before applying finish.
10. SUPERIOR FINISH COAT APPLICATION
A. Surface irregularities in the base coat, such as trowel marks, insulation board lines and
reinforcing mesh laps shall be corrected prior to the finish application.
B. Apply the Superior Finish in the color and texture as approved by the project owner or the
project architect with sufficient manpower and equipment to insure a continuous operation
without cold joints, scaffolding lines etc. Texture finish shall match approved jobsite
samples. Thickness and coverage will vary depending on the specified final appearance.
C. Trowel Application - (Perfect, Spray, R-Coarse, Desert Sand, Refinish)
1) Apply the Superior Finish to the clean, dry and cured base coat with a stainless steel
trowel.
2) Level the surface to a uniform thickness of 3/32" to 1/8".
3) Float the Finish with a plastic float in a uniform motion to achieve the desired texture.
(Refinish cannot be floated. A second application of the Refinish shall be applied to
create the desired texture.)
D. Spray Application - (Perfect, Spray, R-Coarse, Desert Sand, Refinish)
1) Prime surface with Master Wall Inc. Primecoat tinted to match the selected finish
color. Allow Roller-Flex to cure a minimum of 12 hours prior to finish coat application.
2) Using a conventional plaster hopper gun or a proven pump, spray finish over the
primed base coat to achieve desired texture using a circular overlapping pattern
keeping the spray gun at a 900 angle to the surface and maintaining the same distance
to the wall at all times.
3) Be cautious of flooding an area with too much finish because it may appear shinier
when it dries.
E. Aggre-flex Superior Stone Finish
1) Prime surface with Master Wall Inc. Primecoat tinted to match the predominate color
of stone in the selected finish color. Allow Roller-Flex to cure a minimum of 12 hours
prior to finish coat application.
2) Aggre-f1ex Superior Stone Finish should be applied in two coats. The first coat can
be trowel or spray applied.
a) Trowel application - Apply the Aggre-f1ex Superior Stone Finish to the clean, dry
and cured base coat with a stainless steel trowel. Trowel finish uniformly then
scrape down to a thickness equal to the size of the aggregate. Trowel to eliminate
trowel marks and irregularities.
b) Spray application - Using a conventional plaster hopper gun or a proven pump,
spray two coats of the finish over the primed base coat to achieve desired texture.
If the first coat was trowel applied, a minimum of one spray coat is required as the
finish coat. Use a circular-overlapping pattern keeping the spray gun at a 900 angle
to the surface and maintaining the same distance to the wall at all times. The first
coat shall dry a minimum of one hour prior to the application of the second coat.
Be cautious of flooding an area with too much finish because it may appear shinier
when it dries.
F. Provide protection from rain and temperatures below 400F (40C) for a minimum of 24 hours
after application. Longer protection may be necessary during lower temperatures and/or higher
humidity conditions.
Page 13 of 14
EXHIBIT B
~ lIf.? One
Master Wall@
Coat Stucco (DCS)
Levell Section 09 2423
P.o. Box 397 . Fortson. Georgia . 31808 . 800-755-0825
Technical. 800-760-2861. FAX 734-433-0930
. FAX 706-569-6704
Corporate .
3.12 JOB SITE CLEANUP
A. Clean work area in accordance with contract documents removing all excess materials, droppings and
debris. Clean adjacent surfaces.
B. Other trades may now install their work - Sheet Metal (Section 07620), Sealants (Section 07900),
Mechanical (Section 15000), Electrical (Section 16000).
End of Specification
Page 14 of 14
Cat. # Approvals
Job Type
APPLICATIONS
. Area and site lighting.
FEAnJRES
. Complements 'Southwest Series'
. IES Type II, III, V (square) and forward throw light distributions
. Flat lens design
. 1 OOw to 400w lamps in HPS, and Pulse Start MH for design flexibility
. All distributions are field-rotatable 6.0"
. Mounts on upswept, straight arms for poles or on wall bracket for a uniform ~
project look 56~n(
. 5 standard, 2 premium, and custom colors are available 143.~q ,
USTlNGSlCEflTIFICATlONS -
. UL 1598 listed and CSA certified
for outdoor use in wet locations.
. IDA fixture seal of approval.
For more detail, see PSG page
@ @.
C U5
EPA = 1.2 ft' (single unit with arm)
ORDERING INFORMATION
ORDERING EXAMPLE: CR1-A-P40-H3P-F-Q-DB-L
~-~-
9
Wattage/
Source
Series
Mount
SERIES
CR1 Ci m arron
MOUNT
A Arm Mount Construction (6" straight rigid arm
included & acceptable for 900 configurations)
AD Decorative Arm Mount Const. (6" decorative upswept
arm incl. & acceptable for 900 configurations)
WB Wall Bracket Const. (includes Wall Bracket & 6"
straight arm unless WBAD option is chosen
which substitutes Decorative Upswept Arm)
o No Arm or Wall Bracket (only order without arm or
wall bracket when they are ordered as accessory)
WATTAGE/SOURCE
PULSE START METAL HAUDE
P10 100W (ED-17 Med base)
P12 125W (ED-17 Med base)
P15 150W (ED-28 Mog base)
P17 150W (ED-28 Mog base)
P20 200W (T-15 Mag base)
P25 250W (ED-28 Mog base)
P32 320W (ED-28 Mog base)
P35 350W (ED-28 Mog base)
P40 400W (ED-28 Mog base)
HIGH PRESSURE SODIUM
S10 100W (ED-23 1/2 Mog base)
S15 150W (ED-23 1/2 Mog base)
S25 250W (ED-18 Mag base)
540 400W (ED-18 Mog base)
r~
16.0"
406.4 mm
L
'u/'
/ / /
./ / /.
.
21.75"
r-522.5mm~
6.~r j
171.5 mm
L' '
STRAIGHT ARM
.
6.313"
r603~~
r-~
6.625'" ,
168.3 mm
L
UI'SWEI'T ARM
9
Lamp
Orientation/D istribution
y-
9-9
Voltage Color
OPTIONS
WBAD Substitutes Decorative Upswept Arm when WB
wall bracket mounting is chosen
Round Pole Adapter (2%"-3%")
Round Pole Adapter (3'14"-3%")
Round Pole Adapter (3%" -4 W')
Round Pole Adapter (5 ")
Round Pole Adapter (6")
Fusing - 120V
Fusing - 208V
Fusing - 240V
Fusing - 277V
Fusing - 480V
Fusing - 347V
Photo Button - 120V
Photo Button - 208V
Photo Button - 240V
Photo Button - 277V
Photo Button - 347V
Photo Cell Receptacle - 120V
Photo Cell Receptacle - 208V
Photo Cell Receptacle - 240V
Photo Cell Receptacle - 277V
Photo Cell Receptacle - 480V
Photo Cell Receptacle - 347V
Quartz RS with lamp
Internal House Side Shield
(available for H2, H3 & H4 distributions)
Polycarbonate Vandal Guard
Lamp
RPA2
RPA3
RPA4
RPA5
RPA6
F1
F2
F3
F4
F5
F6
P1
P2
P3
P4
P6
PR1
PR2
PR3
PR4
PR5
PR6
QZ
HS
7.25"
J ,\[~
L '
J
Lens
LAMP ORIENTATION/DISTRIBUTION
H2 Horizontal II - hydroformed
H3 Horizontal III - hydroformed
H3P Horizontal III - Performance Series
(Segmented)
H4 Horizontal IV - multi-piece
H4P Horizontal IV - Performance Series
(Segmented)
H5 Horizontal V (square) - hydroformed
H5P Horizontal V - Performance Series
(Segmented)
LENS
F Flat
VOLTAGE
Q Quad- Tap~ - 120, 208, 240, 277V'
V Five-Tap - 120, 208, 240, 277, 480V'
5 480V
T Tri- Tap~ - 120, 277, 347V'
E 50 Hz 220/240V
o No Ballast
t Factory wired tor highest voltage uniess otherwise specined.
COLOR
DB
BL
WH
GR
PS
RD
FG
CC
Dark Bronze
Black
White
Gray
Platinum Silver
Red (premium color)
Forest Green (premium color)
Custom Color (consult factory)
WAll BRACKET STRAIGHT ARM
7.563"
r192mriil
j I /
8.625" /'
, 219mm
L
WAll MOUNT UI'SWEPr ARM
i
Options
VG
L
SEUCT UNITS ARE STOCKED FOR IMMEDIATE
SHIPMENT.
SPAULDING LIGHTING
SHEET # CIM-SPEC-7/10
EXHIBIT B
ACCESSORIES
CIMARRON ACCESSORIES
CATALOG #
ARM-CR-6-S-XX" ·
ARM-CRD-6-S-XX'.2
ARM-CR-K-TA-XX'
ARM-CR- TK- TA-XX'
ARM-CR-K-S-XX'.2
CR1-PVG
CR1-HS-23
CR1-HS-4
CR-RPA2-XX'
CR-RPA3-XX'
CR-RPA4-XX'
CR-RPA5-XX'
CR-RPA6-XX'
CRD-RPA2-XX'
CRD-RPA3-XX'
CRD-RPA4-XX'
CRD-RPA5-XX'
CRD-RPA6-XX'
WB-CR-XX'
TPLB-XX'
CR1-EHS-XX'
DESCRIPTION
6" Rigid Straight Arm
6W' Rigid Upswept Arm
Tenon Arm (single) adjustable
Tenon Arm (double 1800) adjustable
Adjustable Arm
Polycarbonate Vandal Guard
Internal House Side Shield (H2 & H3 distributions)
Internal House Side Shield (H4 distribution)
Round Pole Adapter for Straight Arm (2% - 3W')
Round Pole Adapter for Straight Arm (3'.4 - 3%")
Round Pole Adapter for Straight Arm (3'l8 - 4 W')
Round Pole Adapter for Straight Arm (5")
Round Pole Adapter for Straight Arm (6")
Round Pole Adapter for Upswept Arm (2% - 3Ya")
Round Pole Adapter for Upswept Arm (3'.4 - 3%")
Round Pole Adapter for Upswept Arm (3'l8 - 4'12")
Round Pole Adapter for Upswept Arm (5")
Round Pole Adapter for Upswept Arm (6")
Wall Bracket
Twin Parallel Luminaire Bracket
External 3 Sided Glare Shield (not rotatable)
SPECIFICATIONS
HOUSING Architecturally styled, one piece die-cast aluminum housing with
nominal .125" wall thickness. Low profile design reduces the overall wind
loading while providing a sleek, unabtrusive look which complements most
building architectural styles.
DOOR Die-cast aluminum door hinges to housing and secures with two captive
screws providing four points on contact ensuring a clean lens and optical
assembly. Both the flat tempered glass and door are sealed with one-piece
silicone gaskets.
OPTICS Multiple levels of photometric performance to be achieved via
tiered optic offering ranging from fully segmented to hydroformed reflec-
tors. All optical assemblies to field rotate in 90. increments. All distributions
to be IES full cutoff classification. House side sheilding available as either
factory installed options or field installed accessoreis.
1 Replace XX with color choice, eg.: DB for Dari< Bronze
2 When ordering poles, specify Pole Drill Pattern #2
MOUNT Two arm designs are available providing maximum design flexibili-
ty. The die-cast aluminum arm offers a sleek upswept look while the extrud-
ed straight arm includes the housings contoured lines for continuity of style.
A wall bracket and pole/tenon accessories are also available allowing easy
mounting for virtually any application.
TENON TOP POLE BRACKET ACCESSORIES (23/8" 00 tenon)
(RSS version requires 4" round pole adapter)
CATALOG # DESCRIPTION
SETA-XX' Square Pole Tenon Adapter (4 at 90 degrees)
RETA-XX' Round Pole Tenon Adapter (4 at 90 degrees)
TETA-XX' Hexagonal Pole Tenon Adapter (3 at 120 degrees)
1 Replace XX with color choice, eg.: DB for Dari< Bronze
ELECTRICAL Energy efficient HID lamps up to 400 watts. Pulse rated
porcelain sockets have spring loaded, nickel plated center contact. All units
offer factory or field-installable photocell options and fusing.
PHOTOCON11l0L EQUIPMENT
BALLAST HPF ballast circuit, starting rated at -20 deg F (-40 deg F for HPS).
Ballast and other electrical components mounted directly to housing for
excellent heat dissipation and long life.
DESCRIPTION
Photocontrol - Twist-Lock Cell (120V)
Photocontrol - Twist-Lock Cell (120-277V)
Photocontrol - Twist-Lock Cell (480V)
Photocontrol - Twist-Lock Cell (347V)
Shorting Cap - Twist-Lock
RNISH TGIC thermoset polyester powder paint finish applied at nominal 2.5
mil thickness. Prior to painting all luminaires and mounting accessories
should be thoroughly cleaned with acid and alkaline cleaners followed by the
application of a chromate conversion coating.
CATALOG #
PTL-l
PTL-8
PTL-5
PTL-6
PSC
USTING UL 1598 listed and CSA certified for outdoor wet location applications.
SQUARE POLE COVER
POLE COVER
POLEC~OER ,
-- ;. I NUT PLATE
.
- ROUNO POLE
CAST ADAPTER
NUT PLATE
POLE T
~
COVER
~T ADAPTER
~~
ROUNO POLE
RETAINER WASHER
TO'"
HOUSING
(3-HOLE PATTERN ENO)
CAST ARM
GASKET
FLAT WASHER
LOCKWASH~R 11 -
HEX BOLT J,.-O.- 0
~ ---
""",..- )1
TO ---=,j
HOUSING'" m I
(4-HOLE"'" HEX BOLT :
PATTERN ENO) LOCKWASHER I
FLAT WASHER :
SCREWJ~l I
COVER
SQUARE & ROUND POLES
CURVED ARM MOUNT
SQUARE & ROUND POLES
#2 DRILL PATTERN FOR POLES
Due to our continued efforts to improve our products, product specifications are subject to change without notice.
lIMP
Spaulding Lighting · 701 Millennium Drive · Greenville, SC 29607 . PHONE: 864-678-1000
For more information visit our web site: www.spauldinglightlng.com
1 Copyrlght C 2010 SPAIIUJING UGHTlNG All Rights Resented C1M-5I'EC-1/10 PIInted In USA
2011-9
EXHIBIT B
~
POLE OFFERING
STEEL & ALUMINUM PRODUCTS
Spaulding Lighting's complete line of poles offer simple solutions for all your lighting needs from 8 to
60 feet in height. Pole applications include floodlighting, auto dealerships, commercial site lighting and
roadways. Mounting configurations include tenon top, side mount, pad mount and open top designs to
match any luminaire style.
Constructed with exacting standards both our aluminum and steel products meet strict guidelines for
quality, strength and finish durability. Protecting your investment for years is our Lektrocote'" powder
paint, galvanized finish (steel poles only) or "satin" natural aluminum finish (aluminum poles only).
From shaft cutting through finishing, quality control inspections are conducted throughout a highly
automated process.
To ensure the finish is not damaged during shipment, all poles are protected with either cardboard or
double wrapped foam/plastic.
Series
SSA
RSA
RTA
Construction
Square Straight Aluminum
Round Straight Aluminum
Round Tapered Aluminum
STEEL PRODUCTS
Shaft Sizes Wall Thickness Lengths
4;15;' 6" 11 GA, 7 GA, 3 GA 10 - 40 ft
3;' 4;1 4.5;1 5;' 6" 11 GA,7GA,3GA 8 - 30 ft
511 _911 11GA,7GA 20 - 50 ft
5" -12" 11 GA,7 GA 10-60ft
4;' 5;' 6" 11 GA, 7 GA 20 - 40 ft
ALUMINUM PRODUCTS
Shaft Size Wall Thickness Lengths
4;' 5;' 6" .125;' .188;' .250" 1 0 - 30 ft
3;' 4;1 4.5,11 5;' 611 .125;' .188;' .250" 8 - 30 ft
4" _ 8t! .125;' .188;' .220;' .250" 8 - 40 ft
Series
SSS
RSS
STS
RTS
SHS
Construction
Square Straight Steel
Round Straight Steel
Square Tapered Steel
Round Tapered Steel
Square Hinged Steel
For our most current product information and complete product details, please visit:
www.spauldinglighting.com
Due to our continued efforts to improve our products, product specifications are subject to change without notice.
~
Spaulding Lighting. 101 Corporate Drive · Spartanburg, SC 29303 · PHONE: 864-599-6000
For more information visit our web site: www.spauldingllghtinlJ.com
Copyright C 2006 SPAllUlING LIGHTING All Rlgt1Is Reserved POLE OVERVIEW 6106 PrIn11ld In USA
EXHIBIT B
.
.
ORDERING INFORMAnON
CR1
CRt Cimarron
MOUNTING
A
o
T 0'
I I r-D-I A {~
~r j E[g j 1 . >>
A B C D E F G EPA Wei ht
16" 21 3/4" 63/4" 6" 5 5/8" 6 5/16" 5 5/8" 1.2 ft' 44 lbs.
CRt 406mm 552mm 171mm 152mm 143mm 160mm 143mm 0.1 m' 20 k
j
~
Note: EPA and weight values do not include mounting arm.
See SpauLding EPA Value pages for more detaiLed information.
575
2011-9
Accessories
EXHIBIT B
CLB-2-XX
---~".
8914545
--
8914544
773560
PTL-1
WB-A-XX'
MAF-CM-XX'
...
603
EXHIBIT B
Mountin Accessories
FEA
~series __ 120
T, "
, 0
1". ,0, ':
, '
l6:18~
SETA-XX
2-RA
Series
RETA-XX
2-SA
Series
moT
' ,
. 0 10-'12"
: ': 1
~ .14" sq.
TETA-XX
~ <0 ~
""10 "[J ,.,-Irn
"'-4" ...-4" ...- 4"
RSS-490-XX
RSS-3120-XX
TPR-2-M5X'
TPR-3-M5X2
TPR~4=M5X3
TA-4
TA-5
..... .I~JL___
. 285-B:.~-XX _
285-B-4-XX
..
606
5" I
hole
spadng
24 C S. 13" Sq. tubing
1- enes I
I. I ~12"124"'-
r 13"-
~2-318" 00
TO
8"sq. 1.
..Lo ..L
RSS-490-XX
RSS-3120-XX
4"
AFB-1
'r &5.25"
5"
t 0 o:....rr;~;;:-/
. ~.'.,..?
/
SSS-TX TPR
Series Series
FI
tr8
Replace XX with
Color Designation
DB Dark Bronze
BL Black
WH White
GR Gray
PS Platinum Silver
RD Red (Premi urn Color)
FG Forest Green
(Premium Color)
CC Custom Color
(consult factory)
SSS-490-XX
MSS-90-X
13 3/4"
~4"
FLB-12/24
TA-X 285-B
Series Series
Replace X with
Color Designation
1 Dark Bronze
2 Black
3 White
4 Gray
5 Platinum Silver
6 Red (premium color)
7 Forest Green
(premium color)
EXHIBIT B
2011-9
Mountin Accessories
RepLace XX with CoLor Designation
DB Dark Bronze
BL Black
WH White
GR Gray
PS PLatinum Silver
RD Red (Premium CoLor)
FG Forest Green (Premium CoLor)
CC Custom CoLor (consuLt factory)
IIIIII111 ~~
--~
~::J~--
~~ ~~r--- T-
~ ~
m'
~ - ,--~-
-
~
MAF-CM-XX
o
o
608
EXHIBIT B
Mountin Accessories
~o
o 0
o
o
o 0
SMA-X-XX
MAL-211
Series
1-46"~1
I~
~~ ~LB-2
- I 14" Series
TPLB
Series
AASF
Series
Adjusts in 50 increments
AADM
Series
Adjusts in 50 increments
~
~
2-3/8"
00 SI ipfitter
r-2'''1
m--~ T Mounting
4" Be' .. 4" Pattern for
G _. " -L AADM
0___
MAS-TK-X ..
ARM-CR- TK- TA-X
ARM- F- TK- TA-X
Adjusts in 40 increments
~ ARM-CR-K-S-X
~ ARM-F-K-S-X
Adjusts in 40 increments
Replace XX with
Color Designation
DB Dark Bronze
BL Black
WH White
GR Gray
PS Platinum Silver
RD Red (Premium Color)
FG Forest Green
(Premium Color)
CC Lustom Color
(consult factory)
Replace X with
Color Designation
1 Dark Bronze
2 Black
3 White
4 Gray
5 Platinum Silver
6 Red (premi urn color)
7 Forest Green
(premium color)
...
607
EXHIBIT B
2011-9
Mountin Details
KEY
AL
CRt
CMt/CM2
RCS/RCL
OT2
on
MSS
MSV
Alaire
Cimmarron
Medallion - Sm/Lg
Raven - Sm/Lg
Detriot 2
Detri ot 3
Magnuspec
M-Pulsive
NK
SF
MY
WN
OL
OS
OM
00
OR
Newark - Sm/Med
Santa Fe - Sm/Med/Lg
Monterey - Sm/Med/Lg
Washington - Sm/Med/Lg
Dallas - Sm/Med/Lg
Small Magnudisc
Med Magnudisc
Orlando Dome - Med/Lg
Orlando Round - Med/Lg
DM - ALL POLE S
RIf!P
609
EXHIBIT B
Lighting Sf! c"ity Products
c c
i';q ""
Protecting Your Copper Wire Is Our Business
Lockable Access Covers for Electrical Junction Boxes
We currently offer a complete line of theft proof Lockable Access Covers for Ground
Mounted Electrical Junction Boxes designed to work in conjunction with our Lockable Access
Covers for metal and concrete light poles.
Our Junction Box Covers are designed to fit over the vault but recessed far enough below
ground level to permit continued use of the original vault cover. Installation is quick and simple
as follows: Remove the cover from the vault and slide our base assembly down inside. You
may have to move some of the wires around such that the anchor legs install under the bottom of
the vault. (See Drawings). Center our base assembly in the opening and tighten the anchor legs
until the assembly is secured into the vault. Insert the cover plate tabs into the slots in the base
assembly and close. Finally, install a pad lock and replace the standard cover securing it with the
supplied bolts. When used in conjunction with our Lockable Access Covers for metal and
concrete light poles, your copper wire is now safe from random acts of theft.
Unlocked
Locked
Top View
For More Information Call 1-866-922-5661
Visit our Website: www.lif!htinf!securitvvroducts.com
2011-9
EXHIBIT B
DIMENSIONING FORM - V AUL T
All street lighting poles are equipped with a series of light poles connected together by
copper wire that terminates in junction boxes, normally buried in the ground. These junctions
boxes, also referred to as pull boxes, are typically made of concrete with a metal or composite
material cover which is held in place by two bolts
In order to ensure we send you the correct size Locking Vault Access Covers for your
specific application, it is essential we have accurate inside dimensions for the vault. Please
complete the information below per the dimensioning drawing.
If you have any questions, you may call our sales department at 702-358-1331.
Style: [ ]3.5 [ ]5.5 [ ] N9 [ ] N16 [ ] N30
DIMENSIONS
Manufacturer:
Lid:[ ] Cast Steel ~
[ ] Stamped Diamond Tread Steel .
[ ] Solid Concrete
[ 1 Composite
A
B
IN V
IN
IN W
IN
C
IN X
IN
Y IN
Z IN
When Complete, Please Fax To: 888-742-7316
Thank Y oo!
EXHIBIT B
JUNCTION BOX DIMENSION GRAPHIC INSTRUCTIONS
I'M SENDING YOU A REMINDER ABOUT THE DIMENSIONAL FORM GRAPHIC WE SPOKE ABOUT
THAT I EMAILED YOU FOR THE VAULT (JUNCTION BOX SAMPLE LOCKING SYSTEM) THAT WE
WILL BE PROVIDING.
OUR PLANT MANAGER HAS ASKED THAT WHEN FILLING OUT THIS DIMENSIONAL FORM
GRAPHIC THE MEASUREMENTS BE FROM THE ACTUAL CONCRETE VAULT FOR WHICH WE
WILL BE BUILDING YOUR LOCKING SYSTEM.
THE MOST CRUCIAL MEASUREMENTS ARE THE UPPER LID INNER DIMENSIONS: 'W", "V", AND
"X", AS SHOWN ON OUR DRAWING. SOMETIMES THESE MEASUREMENTS ARE NOT PROVIDED
BY THE MANUFACTURER.
PLEASE HAVE ONE OF YOUR STAFF MAKE THESE MEASUREMENTS AND COMPLETE THIS
FORM IN IT'S ENTIRETY PAYING EXTRA ATTENTION TO THESE CRUCIAL MEASUREMENTS OF
THE UPPER LID INSIDE. ALSO INCLUDE A COPY OF YOUR SPEC DRAWING IN YOUR RETURN
EMAIL TO ME.
THANKING YOU IN ADVANCE,
CARMEN CARMONA
LIGHTING SECURITY PRODUCTS
1-866-922-5661
2011-9
EXHIBIT B
5'6" x 6' PAD
FOR SURFACE-MOUNTED TRANSFORMER
(3~-75KVA THROUGH 150KVA.)
(NO SWITCH)
PIlllolARY (';l)NOO1TS
lIUST BE CEN'lUlfD IN
THIS SEC110N.
Sll'otCE COIIlUITS
lIUST BE IN lH1S
SECllON {WAX. 41
AS fAA TO * RlCHT
AS POSSllll.L
I
SEC.
1)6"
\
PRft,I,
t
1
utilS1RIJi
(2)
BAAr ~'5"
~
MRE~"";.o",.......
"'//
000ll Soc CI
lR~
&"
SlOE m BAa< Of PAl>
TO BE IlItIIIIIM S FROM
~ 9lJI.D1NC SURfACE.
llAY BE t FIIUl.DtNG
SI.lRf' Act ISNOICOIoIOOS'llBl1'.
m~" ~
~~. L ~-1,
'\YA\AYAY ~! li i '1 6'
I>> l>A~(l>4'h(l>~'hII>.1~~(b4~ ~~ --r
-:. ''(01)1> 1
ELEV. ~ BAAr ~ l'lACt 1',41) ON 6" Of
::; -/ ~O 3/4" CRlISIe ROCK
~~ ~ I
,.."..... ..
...."...,/////////////"""
I-
~' lIllt
;;.
'S MAX
FlOal (If
'I'llDlCH
"
3' MAX
'51ll" ~. !I'
cwPtRClAD S'Im
GROJND ROO
1WO IlEQUIRtD
-CON1ll1.IO.IS I.ENGlH Of
flIQ .... ac. QlOOND WIlE
:El.lREO TO RCOS YIlTli
Et$lN APPROVED
GROOND CIJ/IIPS
'GRWIDNG MAIDlIALS FURttSHEO
144) !lN5iALLEl) BY OQ4TAACTOR
REf. ESR 254) RISER BOlOS
U511\)
UGS 500} pAI*OUNT
UGS 504 REQIJIIlEl/DliS
UGS 101 ) <lROOl\1O ROOS
UGS 71>>
D42
042: Rev, OS/21/01
EXHIBIT B
NOTICE OF REQUIREMENTS FOR AFFIRMATIVE ACTION
TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY
(EXECUTIVE ORDER 11246 AND 41 CFR PART 60-4 )
The following Notice shall be included in, and shall be a part of all solicitations for offers and bids on all Federal
and federally assisted construction contracts or subcontracts in excess of $1 0,000.
The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal
Employment Opportunity Construction Contract Specifications" set forth herein.
The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's
aggregate workforce in each trade on all construction work in the covered area, are as follows:
Timetables
Goals for minority
participation for each trade
Goals for female
participation for each trade
15.0%
5.0% .
These goals are applicable to all the Contractor's construction work (whether or not it is Federal or federally
assisted) performed in the covered area. If the contractor performs construction work in a geographical area
located outside of the covered area, it shall apply the goals established for such geographical area where the work
is actually performed. With regard to this second area, the contractor also is subject to the goals for both its
federally involved and non federally involved construction. The Contractor's compliance with the Executive Order
and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause,
specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts
to meet the goals. The hours of minority and female employment and training must be substantially uniform
throughout the length of the contract, and in each trade and the contractor shall make a good faith effort to employ
minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees
from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals
shall be a violation of the contract, the Executive Order, and the regulations in 41 CFR Part 60-4. Compliance with
the goals will be measured against the total work hours performed.
The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance
Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for
construction work under the contract resulting from this solicitation. The notification shall list the name, address
and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar
amount of the subcontract; estimated starting and completion dates ofthe subcontract; and the geographical area in
which the subcontract is to be performed. As used in this Notice, and in the contract resulting from this
solicitation, the "covered area" is:
State of
County of
City of
EXHIBIT B
FORM CD-512
(REV 12-04)
2011-9
U.S. DEPARTMENT OF COMMERCE
CERTIFICATION REGARDING LOBBYING
LOWER TIER COVERED TRANSACTIONS
Applicants should review the instructions for certification included in the regulations before completing this form. Signature
on this form provides for compliance with certification requirements under 15 CFR Part 28, "New Restrictions on Lobbying."
LOBBYING
As required by Section 1352, Title 31 of the U.S. Code, and
implemented at 15 CFR Part 28, for persons entering into a grant,
cooperative agreement or contract over $100,000 or a loan or loan
guarantee over $150,000 as defined at 15 CFR Part 28, Sections
28.105 and 28.110, the applicant certifies that to the best of his or her
knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid,
by or on behalf of the undersigned, to any person for influencing or
attempting to influence an officer or employee of any agency, a
Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative
agreement.
(2) If any funds other than Federal appropriated funds have been
paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a
member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and
submit Standard Form-LLL, "Disclosure Form to Report Lobbying,"
in accordance with its instructions.
(3) The undersigned shall require that the language of this
certification be included in the award documents for all subawards at
all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered into.
Submission of this certification is a prerequisite for making or
entering into this transaction imposed by section 1352, title 31, U.S.
Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each such failure occurring on or before
October 23, 1996, and of not less than $11,000 and not more
than $110,000 for each such failure occurring after October 23,
1996.
Statement for Loan Guarantees and Loan Insurance
The undersigned states, to the best of his or her knowledge
and belief, that:
In any funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in
connection with this commitment providing for the United
States to insure or guarantee a loan, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form
to Report Lobbying," in accordance with its instructions.
Submission of this statement is a prerequisite for making or
entering into this transaction imposed by section 1352, title
31, U.S. Code. Any person who fails to file the required state-
ment shall be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such failure occurring
on or before October 23, 1996, and of not less than $11,000
and not more than $110,000 for each such failure occurring
after October 23, 1996.
As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the
above applicable certification.
NAME OF APPLICANT
PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
SIGNATURE
AWARD NUMBER AND/OR PROJECT NAME
DATE
EXHIBIT B
APPENDIX
2011-9
EXHIBIT B
APPENDIX I - FEDERALLY FUNDED PROJECT REQUIREMENTS
APPENDIX I
FEDERAL FUNDED PROJECT REQUIREMENTS
Appendix I, Page 1.1
EXHIBIT B
APPENDIX I - FEDERALLY FUNDED PROJECT REQUIREMENTS
Supplementary Conditions of
the Contract for Construction
u.s Oepertment of Housing
III'1d UrbQ" Oevelopmfllll
Office of HOUIling
Fl'Id&fal HoUSing Commssloner
Publk: reportlnQ buroen IIlr this collection of information is estmated k1 6Yllf1Ill" 30 !rlinutlll!l per rlll!lpOl'l$<!. including !he tme for reyj"...ng irleTuclione.
"arching exlllling d&tllllO\lr~es. gathering end lTIlIinllllning the <:lata ne<l<fed. Md cornpl9ling on<:! re>'l~ng the ~oIlecti!!n of inforrnatlon. This inf~
tlon is raql.8roo to obtain booafl1s and VOluntary. HUD may not calElCt !!lis infarmelon, and YOU.aM not raquwltd to Compklt&!!lis form, unkiss it displays
'" currenty vlllid OMS conlrt>! number.
OMS Approval No. 2502-0470
(Expires 513112010)
Thli; InformlUlon colElCtion is nQC91lGary to llIlSU/'9 lhet villble prajElCtl: are dltVltklpoo. It is important to obtain information from IIppUca.ntllla llSl:ist
HUO in i:letermininll if nonprofit OfQ!JII\iZl!lloos lnilWlly fundell continue to ha... the Iin!Jll\del an<:l a<lminiSt!ltive cap ""It)' neMd to i:Ie...klp a pr~t and
that !he project design meets 111" "ee<:ls of l11e resi<:len15. The Department...O use this information to sets forth !he OOfigalore of the eontack1r or
l:llbcontrmor f)'lrfor!rling undltr tl1a covarlld contrllCt. Thill Informmlon is n.quired in order to obtain blOnlil1llS. This inform.lon is cO!lllldQred non.
lS<lnaitive en<:l no _ranee of eonfidenbeflty is provii:led.
Artiole 1- LaborStandams
If"lStnJctions
Whenever only FHA roortg.age insurance is irrvolved, use paragraph
(A).nd (C) 01 ArtU;:le 1 -labor St.ndards Whenever any clirec1 form
of assisl1lnce {SectiOl'1 e. Section 202/811 Capital Advance. gr4nts
etc.) Is Involved, use paragraphs (A) and (8) and (e) of Article 1 _
Labor Stalldards.
Applicabilily
The Project or Program to which the constru<;oon WorK covered by
this oontraol ~rtair1s is being a$616ted or !neured by Ihe United
Slates of Amerlo$ 8ndthelollowing Fl'Id&fallabor Slandards Prov~
GloM are inoIuded lnlhis CoI1raol Of related hltrumer1l pursuant tothlt
proVISions Il!lPIOEt>Ie to suo/) HlderalllSSiStanoe or hstxanoe.
A. 1. (I) MlnlmumWlIgtllS. Alllaborerund mechankG &rr1plOyed
or working U:p0l'1 the sie of !he work (or Under the Unied Sfates
Housing Ad of 1937 or under the HOUIllng Act of 1949 in the
cormruotion or development of the project}. wfll be pale! unCOl'1diion-
ally and not less oiten than 0I'1ce a week, and without subseq went
deducbon or rebate 01'1 any account (except such payroll deduotions
a8 are permlted by regulations i88ued by the Seorelary of Labor
under Ihe Copeland Act (:29 CFR Part 3). the full amount of wages
and bona fide fringe benellt8 (or oash equivalents thereof) due at
time of paymenl OOf'TlllAed at rate8 no! lese than lhoee oontalned In
the wage determination of the Seoretary of Labor which f6 attaohed
hereto and made a p$rt hereof, regardless of any cortractul\l
relationship which may.be alleged to exiat between the contRWlor
and such laborers and mect1anics. ContrtlUllOns made or costs
reasonably anbcipoted for bOl'1ll lide fri"9C benefits under Seotion
1 1bl{2J of fhe DavIs.Bacon Act on behalf oflal>orers or mec:lw1iOs
are considered wagK paid to SOOh 1al>0l'Ml or mechaniOs, subjeot
to the Provisions of 29 OFR 5.5(1Il{1){lv); a16o. regular oontriblAions
made or OOEIts Inct.rred for more than a weekly period (but not IElllS
often than quarterly) under plans, funds, or programs, Which cover
the particularwaeldy period. are deemed to be <:Ont>truotively made
or Incurred during such week/)' period.
Such laborera and mechank::$ shall be paid the appropriate wage
rate and fringe benefits on the wage cletermlnatiOl'1for the classifica-
tion 01 work llClually performed, without regard to skill, except as
prOllided in 29 OFR Pert 0.5(a)(4). laborers or mechank::$ perlorm.
Ing work. in more than 01'\El ofQ$siflcallon may be C~f16ated at the
rllte speclfied for each olll&Siffoatlon fOftOO til'TlE1' aotually worked
therein PrOVIded, The.! the employer'S payroU rElCOrd$ accurately ~t
lorth the time spent In eaohc/a6e'loollon InwhfChworkf6 performed
The w4ge determinatIOn ~ncludi'1g any additiOl'1llI Classification and
wage rates conformedtrider29CFR Pllrt 55(a)(1 )(il) and the Davis.
BaCOl'1 POSter (WHo Hl21) ah8I be pcsted at all bmes by the contRWlor
and Its sLlbcontlactors 8l tha site 01 the work In a prominent and
1ll:.X;eSSl:lle plac:e where I can be easily seen by tha workers.
(Ii) (s) Ant clees of laborers or mechanics which is not
listed In the wag& determination and which is to bE! ef'Tllioyed under
the C<lflfr$ot shall be O/a6$1lled fr1 conformance With lhe wage
determinllllon HUD shall approve an addltlonal ClElllSiflcabon and
wage rate and Irlnge bef1lj!lts lherefort;. onll when the following
criteria have been met.
(1) The work 10 be performed by fhe olElllSifloabOl'1
R9pf_ FHA-2Illi4 wbich ill obuol..lil.
requested is not performed by a classlflcatiOl'1 in the
wage determination; and
(2) The classlficatiOl'1 Is utili;!"ed in the area by the
construction in<:lustrf; and
(3) The proposed wage rate. inoltldlng any bOna fide
fringe benefits, bears a reasonable relationship to the
wage ralee contained in lhe wage determination.
(b) II the contraotor an<:l the laborers an<:l meoI1ar1ioo 10
be emploYed In the Olll&Slfication (II k.nown), or Ihelr representabVee,
and HU 0 or 116 de.s1gnee agree 01'1 the claasJtioatlon and wage rate
(including the amount deei9nertedforfrl~e benefits where $ppropri-
ate). a reproof theaclion fakensha'besentby HUOor Isdesigl1ee
to the Administrator of the WIIt(Je .nd Hour Division, Employment
Standards Administration, U.S. Departmert of labor. WlIShl~ton,
D.C. 20210. The Administrator, or an authoriZl!ld representatIVe. will
approve, modify, or disapprove everl additlol1.lll Clallsllfcatl9n action
wlhln 30 days of reooipt an<:l 60 adVf~ HUD or Its dealgnee or wJli
notify HUe or Its doolgnee within lhe 3Q-day period that additional
IiI'TlE1' Is necessary. {Approved by thlt Office of Management and
8iJQget underOMB control number 1211Kl140}
(0) Intheevent the conlr!lclor. IheJaborer.s ormeohlm-
ics to be employed IrI the clH&'icatkm or their representatives, an<:l
H UD or is designee do not ag rea on the proposed classification and
wage rate (including the amount deaignated for fringe benefits,
where appropriate), HUO or its deatgnee shall reler the questions,
including the views. of alllntere.sled parties and the reoolM'leoo.tion
of HUe or Its dealgrJee. to the Admlni6trator for determination. The
Administrator. or an authorized representallve, wfll i$6U& a determi-
nation within 30 days of r_ipt and so advise Hun or Its designee
or will nolny HUD or Its de$lgnee wthln the 3O-dliIy period tha1
addiional time is necessary. (Approved by the Office of Manage-
ment and 8udgtlt under OMS Control Number 1215-0140)
(d) The wage rate (lnctuding fringe benefits where
appropriate) determined pursuant to subparagraphs A. 1, (iijlb) or (c)
of this paragr$ph, shell be paid to all workers performing work in the
classification Uf'lCler thia contrect from the first dey on which work Is
P4'rlormed In the cttil$6nlcabcn.
(III) Whenever !he mlnirrun wag& ral& presoribed in !he
oontraol for a clll&S of leborers or meoI1ar1ica Include6 a fringe bef1lj!il
which 16 not expressed as an houri,< rate, the contractor $hal either
pay the bef1lj!11 as atated in the wage determlnalion or 8h!ll1 pay
another bOl'1ll fidelrlnge bef1lj!1I or an hourly oash equivalent thereot.
(Iv) If the oontraolor does. not make p ayrnerts to a trustee or
of her thIrd person, the contractor may consider tIS part of the wages
of any laborer or mechanic the .mount of any costs reasOl'1llbly
anticipated in providing bOl'1!l fide fri"9C benefits Uf'lCler a plan or
program, PrOVIded, Thai the Secretary of Labor hu found. upon the
wrltlen requast of the contractor. that the applicable standards of the
Davis-Baoon Act rave ,been met The Seoretarl of Labor merl require
the oontrllOtor 10 eet IlSide In a allPClfe.t& tI<XXlunt assets lor the l1'1lleling
of oblgafiore UfI::ler the plan or program (Approved by the otflce of
M~mElnt an:l8uctet under OM6 Control Number 1215-(140)
2. Wllhllolding. HUD or its deaignee sl1all upon Its OWn acllon
or upon wrlllen request of an e.uthoriZlld representative of the
Department of Labor wlthholc! or cause to be withheld from the
contrector l..If1der this contract or any other Federal oonlRWl with the
lorm IiUo..l!ll/lll (12.'2Q"~)
r,,1. Handbook 4571.1
"'''9'' 1014
Appendix I, Page 1.2
2011-9
EXHIBIT B
APPENDIX 1- FEDERALLY FUNDED PROJECT REQUIREMENTS
llame prime contractor, or any other Fedetally-astIlIIted contract
Blb ject to DaviB-Bacon prevalUng wage requlfet'TlElrrts, which Is held
by the same prime contractor $0 much of the accrued payments or
lldval'lOell ea may be QO!l.lIlder~ nece$llary to pay laborellll and
meohllniOS, including apprenlloe6, tralnefi and helpers, eIIl)loyed
by the oontractor or arTl uoontractor b full arnourt of wllgeEi
required by the oontract. In the went of failure to pay any IaIlOr&r or
meohanio, including any tIllPrenfice. trllt1ee 01' helper, eI'l1>loyed or
WOI'king 00 lh9 site of b work (or under the United State6 Housing
Act of 1937 or utw;lerthe Housing Act of 1949 In theQOfl$lruoliOO Or
developrnenl of the pJoject), all or part of the wages required by the
contract. HUD or ita designee may. afUlr wrlttefl notice to the
contractor, sponsor,lIppllcanl.or owner, takesucnllcliQn sa may be
neoe&6llfy toOlluee the llU6penelon of any further payment, ad-
vat'lOe. OJguaTllf1lee of fundIluntll suchvlol\l.ti0n6 have-oeMOO. HUD
Of Its deelgne& may, a1ler WrifIIln notlo6 to Ine oootraotor. cIllbur8e-
llUOh arnountll withheld tor and 00 aooou'lt of the contractor or
uoontractor to the reepeotive- errplo'/MS towhern theyaredue. The
Corrptroler ~I shell mflke such dl/lbullIletnetU In thll 0!lSe of
direct Dallis-Bacon Act c:onlracls.
3. (l) P8yroIla lII1d _Ie records. Payrolls and balIic records
relBtlrg ltweloshall be rnainlalnedbythe contracb:lfdurlrg theCOUlSe
01 the work and p~ for a l*lod 0I1l"nla ye&llIllhere<<fler for al
laborers and rnechanlc:s worI<rg at the silll of the wort<. (or under the
Unled Sl1llW HOlSlr1gAf;l of 1937, or LInder the HoUlllng M. 011949,
in the 00l'lSllu:lIi0n or cleveIcpment 01 the projll<ll}. SlJ;:lh reoord9 shal
00l'llIli1 the 1lIiIme, llddre6s. m:lllOOill eeounty numb&r 01 ellOh SUCh
worker. his or her correct olasslIloation, hourly rlltM 01 wag&6 paid
~ nciuding ralIlll <i cOf1rlbuliclr'e or con anticipated for bOflllfiil fringe
belll'lfils oral9h equlvaletU !hereof. of the types delIcIibed In Section
1 (!l)(2}(e)of the ~ Ac;f), daJIy IlI1Cj weekly number d houlll
worked, deducticos ~and actual wlllg_ pale!. WlTenev. the
~ofLaborhllll foLll1d\Jl'lder 29CFR 5.5(->(1 )(p,.) th:ltlhe wag.
01 any 11ixlre-r or Il'leOhanio h/llude the arnourt 01 any oeste ~Iy
antqJated in prwiding benefls l.flder a piln or program c:Ieeorb&d in
SectIon 1 (l;l)(2)(6) of the Dalll6-8aoon Ad. the oontractor ah61J rnaiJiain
reoordll which show thai the oomrl\lment to pmide'~ b&nef16 119
enfotceabkt, that the p\srl ~ program ill fln$rt::iIlUyrsporvsil;lllll..nd thet
the pian orprogrlUTl n. been cornl1'1lJnicated In wrtr.g 10 the lab~
or ~ntcs affected. and rlllC:Of'd& wl'Wch shcYN the ClOSl8 antk1fPated.or
the ectual cosl incunw:lin providing such beneIlts. Contraclolll empl~
ing apprlll ..lolls or lraineee uncier llipp~ progtar'r1lllllhalllTl$irUln
Wfltten.llIIl<ieroe 01 the regletratlon 01 apprertloe6Hp prognuns and
~.oltraineellfflQTams. the ~atlOfl OltheepprertlOe6 and
trQineas, and the ratloe an:! ~ f~ preec.rbed in the appleabJ&
pf<llJ'llfflS. (Approved by the Ol!lce Of Mllragernent and budget und&r
QMB Control Numbers 1:211Hl140 and 1215-0017.)
{II) (II) The oon!taolpf shBllll\Jbrnl! ~for ellOh W&ek in
which any contract work Is parformed a copy ofal payrolls to HUD
orilS qeelg'*l ~ the agllflCY Is a party to the contract, bli lib
agllflCY ~. not such a party, the oor(rllclor wll subml the payrolls to
the IIpplleani. spcJnsot. or owner, as the ease maybe, for tral'lSmiG-
6100 to HUe or ita dElBlgnee, The psyrollll stXlmltfedsh$J1 sel oul
aocurllleJy and ootT'Clletely all d b Intormation reqUired to be
malnlalnedUI'lder29 OFl'l.Part 5.5{al(3)(I}. Thiainlorn'latiOn rT'III'l be
umlttedlnanyfOflTldeelf.d. Optional FormWH-347 iaavall6ll1&for
thill pUlpQ6tl and .may be purohe6<<j from the $4)eri'ltendenl of
Docurnenls (Federal Stock Number 029-OO6-ClOO1,c-1), u.s GO\'-
llTTirTlent F'ril1tlng OIfio!l, Wasl1inglon, D.C. 20402. The prme oon-
tractor Is retlponalbll!l for the subrriasion of copies 01 payrolls by all
Blbcontractor$. {Approved by the Office eX Management and Eludget
L.II'Idllf OM900rtrol Number 1215-0149.)
(b) Each Payroll subrnl!~ ahell be !lCCOtT'Clanied by II
"Statement Of Ooro1>l1anoe:slgnedb'1 the oertraCltor Of etXloonlra<>-
tor or hill or her agen! who ~ or supe~ the payment of h
persona eIIl)loyed ~rthe oontractand nl oertrythelollowing:
(1) That the payroll lor the payroll period oootlllns the
Information required to be mlllntained L.II'Idllf 29 CFR
Part 6.511il1(3j(Q and that aOOh inlol'r'OEllloOI6 oo~ and
cornpl"te;
(2) That elaeh laborer or mechanic (including each
RllpIacea FHA.2l554 which is llbsolalll
help., IIpprentiee. and trlllnee) etT'Clloyed on the c0n-
tract during the payrOll period hiss been paid the lull
weekly w~ earned, without rebate, either directly or
indfrectly..and1hal no deductions have been rnadeelthet-
dlr&OtlY or Indlrecll'1 from the full wages eamed. Oln&r
thanperrniSllable deduOliofl6 86Se! lorth In 29 GFA part
3:
(3) That each laborer or rneoI'IanIo has been paid not
less than the Ilpplioabie wage rat&6 ancIfrlnge benefita
or caah equp,.aients lOr the classilioation of WOrk per-
formed, as specilied In the applicable wllge determina-
tion Incorporated inlo the contract
(c) The week~1 submiasion of a prQp8r1y exeouled
certification set forth on the reverse side of Oplional Form WH-S47
shall satisfy the requirement for submlDslon of the "Sta1ernent of
CotT'Cllillnce" required by pluagrllph A.3.~I){b) of thiGsecttoo
(d) The fsls'll;alion 01 any of the above certilications
may BlbjaCt the contractor or subconllllClor to eMI or criminal
prosecution under SectIOn 1001 01 Tille 18 and S&otlon 231 OlTI1Ie
31 of h United Stat1lS Code.
(II i) The oor1 rllctor or uoontractor ahal me.1re the records
reqUired Ufldef paragrllph A 3.{I) of thl6 sectloo 8Vallab kt for inspec-
tIOn, copying. or trall&9l'lption by authortzed repl'e6ertat~. 01 HUD
or 116 designee- or the Department 01 Labor, anc:l3hBll permit such
representatlwlS to Intervlewefillloyeea ci.lrr.gworking hours on the
job. If theconlractor or subcontractor laiIs to submit the required
recordll OJ to meke them available. HUD OJ itS deslg'*l may,after
written t"lOtlce to the contractor, spOl1llOr, applloart, or owner, take
suoh 8Olion as mey be ~ to o.Il.Ulle lh9 sUllpension 01 any
lurther plJYlTlenl. advanoEl. or guarantee 01 lur1cla. Furthermore.
tallure to slbrnit the required 1Wotd6 upon reque$\ Of to rTliakf suc:h
reoords avQilallle mey be grC>\Jl"lds lor del:lllfrnenl 6lClllon pursullf1t to
29 GFA Part 5.12.
4. (I) ApprentiOtl$ MCI Tllll_. Appnaontioes. ApprerticN
..II be permlttedto wort< at lessthanthep~ermi~ rate lorb
..art< they performed "",hen lhey at'il employtld P Ullluant: 10 and
Individual)' rl'lS1lster~ in a bona fide appr'ilntlcE$lip program R191tJ-
tered with the U.S. DepartrMnlof Labor, EtT'Clloymant llndTranng
Adminlll1.ration, Eluraau of Apprerti(;elltjp an(;i Tranng, or with s
state- ~renllo&6hlp Agency recogniZed by the BUr&~ or If a
persoo 16 etT'Clloyed In his or her lrllt 90 dIlys of probationarl
eIIl)loyment _ an apprentlo& In llUCh 6ln apprenl~p prol/rllfn.
who 18 not indMdually registered in the program, bul who hRe been
certlfl~ by the Bureau of ApprentlC6llhip and Training or a Stale
Apprllnli(;elltjlp AgllflCY {Where appropriate) 10 be llllglbe loI' proba-
tiOnary employment !Ill an apprentice. The a.lowab e raliQ of 1ilPPren-
tlcesto joumaymen onthe jobste InanycraftcJ_lflcatlonshall not
be greater than the ratio permitted to the contractor ea to lhe flntire
work force under the reglet;&red program Arti worker liSted on a
payrOll at an appr!lrtioe wage- rate. who 16 nol regl6tE1red or Cltherwllle
eIIl)loyed aslllllled above,thall be ptlldoot less then the IIPplloal>le
wage rail! on the wag& def!lrmlnatlon loth olas6lfiQatlorl 01 work
actually performed In addtlon, any IIpprantice performing work.on
Ihe job lIite In excess of the ratio parmitted under the reglslered
program shall be paid not less lhen lhellpplicable wage rat" on !he
wage determinatlOO for the wort< actually perlotmed Where a con-
t.ractor Is performing cons1ructton on a projllct In a locality other then
that In WI1ioh Is program is regl6tered. the rllllo& and wage- ral&6
(expr&66ed In peroentQg&6 Of tn& joum&yrT1an's hou'\l rale) speci-
lied In th& oontractor'$ or subcor1tractor's registered prograrnshall be
ob.served Every apprentice ITlU5t be paid at not _ than the rate
apacifitld In lhe reglslered program for the apprentlc:e's level of
progress. expreaaad .. a percentage of lhe JOU'neyrnen hourly rl!l'il
apacilitld inthe applcable _gel determination Apprenlk:ellshali be
pale! frlng'il b$'lefI\B In accordencelll/ltl1lhe provllllons oft he appren-
ticeship program. If the apprenticeship program does not spedy
lringe benefl&, apprentices rT'Olt be paid the lull arnourt 01 trlr-,ge
benefltslleted 00 h wage determinQtlonlor lhe Ilpploable claselfi-
catioo. II the ActniniStrator de1errrifllle that a dlfferenl practice-
prevllli16 for the appl106ble apprentioe oIa6alllo6tlon. trll1ge6 shail be
paid In accordance with thet determination. In lhe avent the Bt.nau
form HUo..au {12i2f1l.\XlO51
r~. Handbook 4571.1
Pegli :! 01 4
Appendix I, Page 1.3
EXHIBIT B
APPENDIX I - FEDERALLY FUNDED PROJECT REQUIREMENTS
01 Apprenticeship and Training, or a State Apprenticeship Agency
re.;ogniZed by lhe Bureau, wlthdrawl$ approval 01,1"" apprenticeship
program. the contractor will no longer be permltledto utilize appren-
tices 81 less th!ln the applicable predetermined rate for the -..erk
pel10rmed unll an acceptable progmm 16 approved.
(1i) Tr!IiI.,... E;<<;ept 8& provided in 29 CFA 0.16, trainees
will not be permitted to work III _ than the predetermined rille for
ItIe work Performed untee6 they (lrll emplO'jed putlluant 10 and
indivldual!'J regl6tered In a program which has received prior ap-
proval. evidenced by fOl'lMI certlll09.ticn by the US. Departmert of
Labor, Employment and Training Admini8lratlon. The ratio Qltl8ln-
ee<<to journeymlm on the job site.shall not be 9reater than Jlermilled
under the plen approved by the Employment and Training Adminls.
t18tlon. Every trainee must be pall;! 81 not !ells than the retaSpe.;ilied
In the apprOll8<f PrD9ruM lor tha trelnae's level of PrD9l1lSS, ex.
pressed ll$ a peroentage of the IOUfT\I&Yman'8 hourl'j tlIle speoIfled In
ttMl ~pliQQbIe wage determinatIOn. Tr81_ shall be pakllrlnge
benefits in aCCOt'dance with the provisions ot the trainee program. If
the trainee program oo.e not meril<lnfringebeneflta, trainees nil
be paid the lull amount of fr in98 benellts listecI on the ""898 deter mi-
nlltion l.lI"de$$ the Admlnlsll8tor of the Wage find HOUr l)iVislOr\
determines thet theI'e is an apprenticeahlp progl8m asaoclelted with
the COi1llllpondlngjl:H.meyrnan'Nage raja onthlil w898 deterrtllnetJon
which provkles lor !eN then lull Irlnge bel'll!lllls forapprenticea Arr>1
emp~ listed on ltMlpaytolllll a trainee rate who i6 not registered
IlndpartlOipating Ina training planappTlMld by h Employment and
Tralnlng AdfTIlni6tration $tlall be paid not Ie$$ than ttMlllWlkiQble
WIllile rata on ltMl wage ~rmination for tile classification of work
8'(:tually Plilrlormed. In addition, any trainee performlr\g work on the
job site in excess of the ratio permitted under ltMl rc!il9lstered progrem
etlal be pllld not I. thef'1 the llpplable ~ rllte on the wage
determination for h work actually performed In the lSIIent h
Employtl'll!lnt 1Ilf'1d Tranf'1!l Adminilllretion withdrillW$ IIflProval of e
training pr()gram, tllecontra9t<lr will no ~nger be permitted to ltlfiZ1!
trlllnees at Iell$ 1han h applioable pt1ldtltermlned rate for thEf work
performed mil an llCOePlt!ble program Is !iIPPfQVed.
(iii) EqIJal ~~1I'I4H'Il opportunity, The utilzaticn of
~prentl_. lral~ and lOurne'/rnen under 1his part hi be In
conformil.'( with the equal employment opportunity requirements of
&ecutivlil Order 11246. as amended, IIltd 29 CFR Part 30.
5. CompllllooeWltb Copeland Act Aaqulremanta. The con-
trector arnoll !:Omplywith the requlrementsof29CFR Part ~ which are
Incorporeted by reference In thlll COnll'l!lct
e. Subcal Itratt.. The cortractor or alJblXlri'*ctor will Insert In
anyaubcoriracts the clauses contail'll!ld in29CFR 5.5(a){1}through
(10) and sruc:h other claUllllS I!I.I!I HUO or Is designee f'!lllY be
~proptiate Instructions req\.ire, and al&o a alalN req\.irlng the
suboontraoto~ to rolude. tI'leM !)laUllell In any lower tJer 6\.11oon-
traots. The prime COI"trlldot atlall be responsIble for the OOIl1>lianoe
byanys\.llcohtraotoror IowlH tlerucontraotorwllhal tile oontracl
cI_ In 29 om Pall 6.5.
1. ConllWlt terml,.lon: 4i11*mlIl1l A brellQh of h oontrllct
clauses In 29 CFR ,!loli maybe 9rouncls torterminllllon of thlilconlracl,
and for debarrnant _ a Contractor and a $ubcorirector as prOVided
In 29 CPR. 5.12.
&. Compilencewltt! D1W~ IInd Relllted Mt Aaqulre-
~. All rulings and Irul'Ju8llllionB of the Qevls-Bacon and
Related Ad$ cortlllned In 29 CFR Parts 1,3, and Ii arll hel'tlin
InoorpOtlIled by rele~ In thlll contract.
9. Olllput_ ClOflClt.II'fling ... lIkindlllil'da. DIsp\lteS alillirg
Ol.i of the labor .ndllrQ$ pro\Mione of thie COnlr!lQt shall not be
subject to the g&nereldieplies clause of thl8 IlOIltraot. SooI1 d16plies
<<'lal be ~ In IUlO<lrdl\rlCl!l with the prooedurH of tile Del:>lIrt'
ment 01 LaOOr set forth In 29 CFR Parte 5. 6.lltld 7. Di6pUes Wilhin
th!il tManlM9 of this c:ieuse include dlIplio$ between the contrector
(Or any of Is stbarlractors) and HUe or Its des19nee, the U.s.
Department of lAlb<:lr. or the ~ees or their repl1!llilenll!ltllll!lll.
lQ (I) eenlficalionoU:llglblllly.Byentart"9l/1loth!l$contracl
the contractor cel'ttlll!lll neither It {nor he orshe) nor any p_on orfirm
who has an Imsresl Iin the contractor's firm Is a pem.OI'l or firm
RiIpI_ Fl-IA-2554 WIllctl ill ollaQ(alll
ineligible to be awsrded Government oontreols by virtue of Section
~(ai of !he [)avj.s-Bacon Act or 29 CFR 6.12(0)(1) or to be awarded
HUD contreols or particlpate In HUOprograms pUlllU8nt to 24 CFR
Part 24.
(11) No part of this contract shall be subcontracted to any
per$OI'l or lirm Ineligible lor aweard of a Government contract by virtue
of Section 3(al of the Davl1I.Bacon Ad. or 29 CPR 5. 12(al{1) or to be
awarded HUD contraCle or particlpllte In HUe progr<l1'Tlll purauart to
24 CPR Plll'124.
(Iii) The penalt'lfor making talae IltaterMnls i$ presCribed In
the U.S. Criminal Code, 18 U.S.C. 1001 AddIIonally,U.$, Criminal
Code. sectIOn 1010, Title 18. \).$ C.. "Federal HoUSU'tO Administra-
tion transacliol1$", provides In part: 'Whoever, for the purpose of
influencing In any wl!l'J !he Iltlion of such AdministrlltlOn . makes:,
litem or plbl!l$hes any statllrMnt. knowing !he $l!itne to be lalse
. shell be fir1ed not mote then 85,000 or Impl'i4lOned not morehn two
years, or both."
a Contl'8et Work 110_ af'1d SlIfety Starlderda Act As lJlled In
thill Plll'8llraph. ItMl terms 1aborers" lltld ''I11eOl'laniCll' lnoludewaloh-
men and guards.
1. OVertime r$ql,jlrements, No oontraolor or auboontracfor
contraotll'll;1 for any part of the contraot work which mIl'l require or
involve the employment of laborers or tl'leOl'l$nlCll aha! I reqlire or
permit anylluch laborer or rTWilchIlnic Iin any workweek in which he or
..he Id~loyedor\$ooI1worJ<;towo(\<lnflXCl!llilll olforly ho\JliI In such
workweek unIeelS auch laborer or tI'1Ilol1anlc receives compervsetiOr\
lit a reate not less then one and one-hell times thlil b.\lsic rate 01 Jlay
lor aU houra worked In exc;ees of forty houra In such W<l rkweek.
2. \iidaliOI'I; lIab1llyfor l#lpllidWlllQllS, liquld8ted damrIgeB. In
the event of any violation ofthe<:!lIlJII8sellorth In sJ.bparagrllph (Ii
of this paragraph, ltMl oontraotor lltld any $uboontrad:or re&ponsill i&
therefore aha. be liable lor the lJIllakl wages. In addition, such
contraolor and IlUl:>oontraotor Shall bllllabie to the United Stalell {in
the _e of work done ur'lder OOliraotfor the Oistriot of Columbia or
a territory, to such Di$ttlCt or tOIlU(;/'1 ten1lory}, for Iiqukl81ed dam-
ages. Such liquidated damegl!lll shell be comp14ed with respecI io
each IndlVkluallab orer or l'fIllC!1flnic, Includl"9 watchmen andgl.l!lrda,
employed In vlQlatlon of h cllluse Sel forth In ~Libpere9rapl1 (1) .of
thili j>eregraph. In the S\.I'M of $10 for eacl'1 CIillendet day on which
110011 individJJal was required or permitted to work In eKoeH of the
standard work.we&k of forty hours wltloul payl'I'Ient of the overtime
wages required b'1 the oJauset>et forth In subparagraph (1) of this
paragraph.
3. Wltl\hoIdIf'I$I for l#lpillitJ WCIIiIU llI'Id Iiqui4lted d<<magee,
HUD orllsdeelgm8ehaJll.4lon ltaownaotion or upon written request
of an a14t)Qr1~ rlilpre6lentativlil of the lltlpartment of lAlb<:lr withhold
or cause tc be withheld, from any lTlClr'lI!l'JII payable on 8CCOunt of
work petlQfmed by the CiClntractOf or aiJloontrecto! under any such
contract or any other Federal contract with the lIl8t1'1l!l prime contrac-
tor, or ani ottMlr FlIderat/..aeslaled oortract swje<)t to the Contr aol
WOrk HOl.D and Safety Slancll\r<:lll Act. whiCh ill I1eId by the same
prime contraotor such ll\lme ll$ may be determined to be !leOefl68rl
to satl3fy anJ IllIblltles of suchoortrllClor or suboootractor for I.fl)ald
wage& and IJqIJ~ damallH asptoVlCled in ttMl olaU$tlm forth In
albparagraph ~) of this paragraph
4. Sullcont~. The contraa.ororslbconlractor ahallln&el1 in
any auboontracts tha -cleuaes setlorth in sLibperagraph {1} l!Tough
(4) of this pilll'agreph and ai!$O a cleluae reqtitrlM9 thes~Qrl$
to Inck.de.lhese cJlIUIlfIS In any 1_ tier s\.llcontracls. The prime
contrl!lClOr $/1el1 be I1!IliIpOnslblel tor complial'\Oe by iIlr'1 subcort!actor
or lower !ler lllAlcontmctorwith !he olauees set forth in subpara-
graph6 (1) tlYough (4) of th16 paragraph
C. Tile COntraotor wi. bereqlired to exllOl.Je FHA Fe>rm No. 24l)3-
A, Conlraotor'a Prevailing Wage certlfioe.le, as a oondtl<ln preoe-
dent to Insuranoeb'J the Federal HoUSI"9 AdminiStration of thaI
cartain mortQaQe loan, or an aU.iance thereof, made or to be made
by the mo~ In connec.tJonwith the <:orlBlruc:tlcn of !he project
Al1lo1e 2- EqUIII Employmellt Opportunity
The applcant hereby agrees thllt it W" IincOlpClrllte or cause to be
form HO~ (12:'J!QI200Sl
,.1 Hen<lhook 4571.1
~3Qf4
Appendix I, Page 1.4
2011-9
EXHIBIT B
APPENDIX I - FEDERALLY FUNDED PROJECT REQUIREMENTS
incorporated Into any contract for col1lllructionwork. or modification
thereof, as deflned in the regutetlons ollheSec...tary of Labor al 41
CFR Chapter 60. which lB paid for In wllofa or in pvt wlh funds
obtained from thIil Fadered Clovernment or borrowed on the credit of
the Federal Government pursuant to a grant, oontract, loan Insur-
ance. or guaranlH, or lI"ldertaken pur$UQntlo any FederllllplO9ram
involving such gmnl,contraot. ioan. insuranoe, or guarant~. the
following equal opporlLl'lity clause
During the pertormanoe of thiS contract, the Contractor agrees 86
lollows
A. The Contractor wii not disorlminate II.galnsl any emp~e or
Elllplloant lor employment beoauae of race, color. religion. se)(, or
national origin The Contractor wlli take afflrmati\le action to ensure
thfJolepplicanls are e~loyed. and that empioyeesare Irealaddurlng
e~lOyment without regard to their race, color. religion, sex or
national origin. Such action shelllnc:lude, but not be limited to thIil
following E.,..,lOymenl, L4'9rllding. demotion, or traMfer; recruit.
menl'Of rllcruitment advertising: layoll or lllrminallon; rilles of pay or
other fOlm9 of OOlTClerl6ation; and $eleotion fex traIning Including
apprentiCElShip ThllContractor agr_topost Inoonsplooouspl&ws
avaiabl.eto e~lQyee6 and applicants for elTCllO'jment notice$to bll
provided &ettlng forth thIilp.roviaions ofthis nondillcrlmlnationclause.
S. The Contractor wll~ In all soliolt!ltlol'l6 ex advertisements lor
employees plsced by or on behalf ot the Contractor state thm all
(jU!llitied appliCltnts will receive CQ(\l!liderlllion for elTCl10yment wlh-
oul fe98rd 10 race. color. religion, sex, or netlonalorlgln
C. The Contf8(;tor will &end to M<;h labor unton or representlllille of
workers wlh which it has a collective bargaining agreement or other
con1rllct or underlllanding a notice to be providad advilllng thIil said
labor Lnlon or workers rapfll6entati_ of the Contlaclor's commil.
ments hereunder, and shall post COpies of thIil notioo in oonaplcooU&
plll0e5 available to emplO-/_ and appllOQnl$ for ~Ioyment.
D, The Contractor will COITClIy wlh atl provlslOl'1$ of Exeou1l\le Order
t 1246 of S&ptember 24, 1006 and of the ruleo, reguatlOl'l6, and
r&levant ordell! of lhe Secretary of Labor
E. The Oontrootex wil fumlllh all irlorrnation and raports required by
E~eculive Ordar 1 t246 of Seplemlber 24, 1965. and by rules,
regullllIQI'lG. and orde.r$ of the Secretary of Labor, or pur_nt
thereto, and will permlt acceas to Itsbooks. records. and6CCOunlsby
the &lcrelary of Labor for purposes of Investigation to ascertain
c~llance wtth such rules. regulatIQl'lG, and orders
F. In the event ot the Contractor's noncolTClllance wtth the nondis-
crimination cl<<lJllM of thl$ contraot or with any 01 the said rules,
regtiatlOJ16, or ord9rlii, this controot may be OllnolJled. t~rrnlnaled, or
.suspehdied in wl1<l1e or in pari and the Contractor fYIII'I be declared
Ineligible fex fu1:her gOlAlmment contracts or federallY!l.!l$llIled
construotion contracts in l.WQexdaooe wlh prooeduree authorized In
E.eculi\le Order 11246 of Seplember 24. 1965, and "uch other
unctiOl'1$ may bit Imposltd and remedies il1'lOked llIl prOVided in
El<eculive Order t 1248 of September 24, 1965, or by rullt, regulations
or or~r of the Secr'lltary of Labor, or as othefNi&e provided by Iwl.
O. The ContradOr will include thIil portion Of the sentence Immedl.
lltely praceding paragl1lph A and the prov!sionlS of paragraphs A
through Cl in every sul:>oonlmol or purchase order unle6tl exempted
b'l rUes, regulations, or orders of lhe Secretary of Labor laoued
puralJant to Section 204 of Exeouilve Order I t246 of Septembllr 24.
t 006, so that such provl6ions wll be binding 1.4l00 each Sl.lloontrao-
tor or vendor. The Contractorwllltekesuchactionwith respact toany
Sl.t>conlrllCl or pUrclhase order as the Secretary of Houair'lg and
Urban Development Of theSec...tary ot Labor may diract as 8 means
ot enforolr'lg such provisiom, inCluding aancllOl"l$ for noncompli-
ance. Provided, howtmtr, that In the event the Contrador becomes
in1iolVed In. or Is ttMattme<i with, litigation wlh a sl.llconlmctor or
vehdlor.as a rMuIt ot such dilaclion by lhe Secretary of Houaing and
Urban Development or the Secretary of Labor, lhe Contractor may
request the Urited Statee to ener into such litigation to protect the
interellls of the United States.
H. The II.Ilplioanllurther agr_ that it will bll bound by lhe above
equal oppor!l.tnlty clause with respect 10 Its own employment prae-
lloes when it parllclpllles In taderally assUIted cons1ruction 'I\IOrl<::
Prr:JIfidlJd, fils! if lhe applicant so participating Is a Slale or local
government. the above equal opportunly cleluse IS not appkcable to
any agency, Instrumentality or $ubdivlsion of $uch government
..mlch does not partlclpllle In work on or under the <:onlract.
L The applicant agrees thaI I willassillt and cooperate &ell......l)' with
the administering agenc:;y and the Secretary of Labor In obtaining the
OOITClllaOOEl' 01 conlractofll and Sl.t>contraclolll wllhthe equal opper.
lunlt'I olause and the rules. regulations, and relevant orders of the
Seoretarl of Labor, lhal it willlurntsh the admlnielering 8geflQ'I and
the Seoretary ot Labor SUCh intormatlon as lhe-I may require fex thIil
supel'\lislon of such compliance, and lhel it wll otherwlrle as$islthe
admlnillterlng agency in the dl:lcherge ot the agency's prlmary
responsibility lor securing compllanoe.
J. The applcant further agreea thet It wi' refraln frOm entering into
any contract or oonlract modification sub jeclto E~&eulive Order
t 1246 of September 24, 1965, with a contractor dabarred from. or
who has not demonstrated lIIigibilly lor, Government oontfllcls and
federally a.ssl6ted oOl'1$truotion contracts pursuant to the EKeoutlve
exder and will carry out such sanclions and penlllties lor violation of
lhe equal OIlPex!l.tnlty oIaU&e lIS may be Ifl'IPOSed 1.4l00 contractors
and suboontrootCX6 by the administering agency ex lhe Secretar/of
Labor pursuant to Part II. Subpart D of the Executive order. In
addilion, the applicant agrees thaI if it \ails or refuses to oomply with
lhese undertakings, the edminialering agency may l!Ike any or all of
the folowing actions: Cancel. termlr'\!lle. or susper'ld in whole or in
part IhiS granl (contract, loan. il1$urance, glllll1lnlH); retrain from
e>dllndng Qf"f{ lurther aaslst!lnoe to the II.IlIllioanllll'lCler the progmm
with rllllpect to which the failure ex refund OO(lurred until mi6faclor{
assurll.n<le of future QOITCll1anoo has boon reoelved from sooh appli-
0WIt and reter the 0ll$E0 to the Department of Justioe lor appropriate
legal proceecflngs.
Article 3 - Equal Opportllnity for Busin~ IInd Lower
Income Persons LOClIted Within the Projeot Area
(Applicable to Seotion 238 projects. where the eelimated repiaoe-
ment oost of the prefect 86 determined by thIil Secretary of Housing
and Urban Development _eed6 S5OO.000, and to all projeota.
Including Seotion 236 regardiess of eslimlllled repll.Wement coat.
rllOelving rllntsupplement a.ssl8tanoe under Title I, section 101 olthe
Housing and Urban Development Act of la65.)
A. The work to be performed under II1is <:onlracl is on a project
ll.llIIistltd t.nier a program provlcllng direct Federal financial _1:1-
tance from the Department of HOUSing end Urban Development snd
is Sl.t>jectto thIil requirements of SectlOn:3 oflhe Houaing and Uroan
Development Act of 1968, !IS amended. 12U.S.C t101u. Sedlon S
reqtliree that 10 iN! greatest extent leasibk! opliorlunllie6 for training
and employment be given lower lnoomll residents ofthe unit 01 local
gOllemment or the melropolltan area (or norlmelropolitan county; as
determine<l by the Seoreblry of Houalng and UrIlan Oevelopmem In
whi ch the projeots located and contracts lor work In oonnactlOn with
the project be amm:led 10 bUSlfleU concerns which ale located in. or
owned In sl.ll$l!Intlal part by persona residing In thIil same metropoli'
tan area (or nonmetropolllancounly) as the project
Article 4 - H_"h and Safety
A. No laborer or mechanicshe.1I be requiredtoworkinsurroundlngss
ex under working condltlOl'1$ whloh are UI'lIllInlar/. I1az&rdous, ex
dangeroua to his heQlth andslllety as de\ermirred lIl'lCIer oonstruotion
safety and heIIIlth standards promulgated by the Secretar"l ot L!lllex
b"l regulation
S. The Conlraclor shall oomply with all rllgulatlons Issued by the
Seoretaryot Laborpurauant IOnle 29Parll926(formerfypart 1 &t8)
and tallure to oomply may _utt In Imposition of sanctions pU'"uant
to thIilContract Work Hoo..rs andSa~y S1anderds Act (public law 91-
54. !l3 Still. 96).
C. The Contractor shall include the provisiona of this Article in every
Sl.t>contrad so lhelauch provlllllons wlU be binding on eachaubcon-
tradar. The Contractor shali take such action with respect to any
Qoontract as the Secretary 01 Housing and Urban Development of
lhe Secretary of Labor shall dlreolas a mllans of enforCing such
prOVl&iOl'1$.
Repll!IC&ll FHA.2/i64 which ill obsQl"..
Pag<I 4 of 4
tOOTl HU0..2554 (12:'201l!lO5)
ret HlII1dbook 4571.t
Appendix I, Page 1.5
EXHIBIT B
APPENDIX I - FEDERALLY FUNDED PROJECT REQUIREMENTS
Federal Labor Standards Provisions
U.S. Depllrtment of Housing
and Urban Develofllnent
OffICe of Labor RelatiOOs
Applicability
The Project or Program to whIch the COMtruetion work
co"eredby this contract pertains i9 being nsisted by the
United Statu of Am..rlea llIRd th.. toll_inp Fed~ral Labor
Standards PrP\li&lona ar, Includ..d in this Contract
p\lrlluant to the pro"I..lont applicable to ll\lch Federal
u..illtance.
A. 1. tl) MInimum W~llei, All laborers and mechank:s
emplc'yed or waking upon the slle of the work. will be paid
unconditionally and not len offen than once a week'. and
....IlIlQIJt subnquent d!!ductiOl1 or r"'!>al~ 01'\ any account
(ncepl au~h payroll d..ducllons u are p..rmilt..d by
regulatlor\9 luued by the Secr..taty 01 Labor under the
Cop..llIRd Act (2:9 CFR Part 3). the full amounl of walln
and bona fld.. fringe t;>en'lfits lor cuh eQulvallrnts th..reOf)
du.. at lime of payment computed at rates nor lUll than
thote contained In the wage d4t..rmin iltlon of the
S..eretllry Of Lllbor ...hleh Is attached h..reto and made a
pat! hereot. repardJeu of any contractual rflationshlp
which maY be aU..ged to ulst between the contractor and
such laborers and mechanlc$. Contributions mlldfl or
cesh r..luonably Ullclpated far bona flde frlng. bOlnef!ts
under Section Ilbl(2) of tho DaVi$-SaCOn ACI on l>ehalt 01
labaers or mechanlc$ ara considered wage$ paid to Iluch
labQfersOr m..chllnles. sUbjllcl to the prP\li&lona 01 29 CFR
~.::'iaj(1){lvj: lllso, r..pular contributions mad" or cests
incl1rred for more than a w:eollly period (but not less <>ffen
th.n quarterly) ljnder plahll, funds. or prOllraru, which
eove! the particular weekly pl'rlod. are dnmed to be
constructively mad.. or InelJrred during sl1eh 'nekly pllriod.
Such labore,. and mechanics ghall be paid the appropriate
'..ege rate and frinpe benefits on the wage drierminalion
tor th~ cluSllIcatlon Of '..ork actuaUy performed. without
,egaro 10 1,\lt'ill. elCc"pt ag provided in 29 CFR 5.5(1I}(4).
La!>or.rs or mechanics p..rformlng work in more than one
o.lauifieatlon may be compeMat.d al th" ral.,. $p.clflltd for
each clutlficaUon for the time actually worked therein:
Provid..d. That the employer'S payroll reeords a<lcl1rately
$lit forth th.. tlm. lIpent in ....ch olnsiflcatlon in which
work Is pllrform!!d. The ",all" determination (Including lIny
addllianal cla.sllieatlon and wage rales eonfo"ned under
29 CFR 5Ji/a)(11(li) and th.. DaVi..Bacon F'ost&r (WH.
1321, shall be posted at alltlmu by the cQntraclor and Us
subcontraetors at the site of Ihe work' In a promlne:nt IRd
aee..uible, plaee where it eon be ealllly lIeen by the
....ork.rs.
tll; tal Any cllIn of laber..rs or m.chanlc!! ...hlch is nOI
limed in the wagl!t dl!ttermination and which is to be
employed un<ler Ihe contraet shall be ehusifled In
conformanc. with the wege determination. HUD shall
approve en additionlll cJusiflelltlon and wai'Je rale and
fringe benefits therefor only wh..n the following criteria
have !>!ten met:
III The work to be performed by the clusiflealion
r"Qunll'd is nol performltd by a classiflceUon in the "'tap!!
det..rmlnatlon: and
121 The clnsiflcalion is utilized In the area by the
construction Industry: and
131 The propoa..d ...agll' rate. includlnp any bona fide
tringe benefll... bellrt a reasonable rolallonahip to the
.....lle rat.es <:ont!lllned In th. .....pe determination,
IbJ If the contfector and the laborers and m..chanlcs to !>e
employed in t.he elasslflcallon (if known!, or their
r..prennteUv..s. and HUD or its deslgnn agr.e on thl'
clllnlfi<:ation and \:lag.. rllte Hnoludlng the am<:>unl
designaled for fringe benelits where appropriate), a report
ot tM aclion t..k." shall be nnt by HUD or its desipne<l to
thl' Adminislreior 01 the Wape and Hour Division,
Employmenr standardll Admlniatration, U.S. D..panm..nl 01
Labor, Washlngt.On. D,C, 20210. The Administrator. or an
authorized r.pr..aentativ... will approv... mOdify. or
dlupprov!t every a<ldlllonal elaulflclltion action within, :W
days of reoelpl and So advise HUD or Its d"llignee or will
notify HUD or itt delllllne.. within Ihe 30-day period Ihal
addllional limll Is nlteusary. (Approved by the Offiee of
Management and Budgel under OMB control number 1215-
0140.1
tel In thlt ~nt thll' conlractor. the laborers or meehemics
to be ..mploy..d in the classification or Iheir
representatives, and HUD or II.. de..ignee do not agree on
th. propOnd claSsification and Wege rate jlncludlng thl'
!IImount de$lpnalltd for frlnlle benefits, where approprll'te)
HUD or lis d491gnee shall refer the QUulians, Including
th" vie~ Of aU Intl!trett..d partiea and the recommendation
Qf HUD or Its deslpn"e. to the Adminislrelor for
determination. The Administrator. or an authOrized
representaliv.., wlllissu' a determination within 30 daya Of
ree..tpt and so ad\lls.. HUD or lis de$lllnee or will nOtify
HUD or lis dUignee ...UhIn the 30--day periOd thai
additional I!m.. is n..cetury. (ApF'roved by the Offic" of
Management and Budllet under ollla Control Number
12:1$-0-1.o\11l
Id) Tn.. \:I8p. rate UMluding frlng.. bon..fits wh.rl'
appropriate! determined pur9uant to aubparograpbt
(llliO(b) or tel of this par811raph. shall be F'eld to ,,11
work"rs p..rfofminp worll in th.. classlllcatlon undl'r this
conlraet from the firllt day on which work Is performed in
tho claulfication,
(iff) Whltna....r Ihlt minimum wlIge I1lte prl'scrlb.d In the
contraet for a elass of laborers or meehanics Inclodo", a
fring& benefit which Is not expre..ed .. an heurly rate, th..
conlr!ll.ctor shall eillll'r pey Ih.. t;>ltne'fit M staled in th.
w'lllle determination or ..hall Ilay another bona fide Irlnge
benefit or an hourly 'lash eQl1iyal..nt ther..of.
(ivl If thl' contraetor don not mak'll payments to a trust..e
or other third person. tbe eontractor maY oanslder u part
Pre\A6IIS l!IdIllonll are OI1ad"'e
Page 1 Of 5
form !W1).4f)t 0 (061200&)
ref. Handbodl134<1,1
Appendix I, Page 1.6
EXHIBIT B
2011-9
APPENDIX 1- FEDERALLY FUNDED PROJECT REQUIREMENTS
same prime contractor, or any other Federally-assisted contract
UjeCt to Davis-Bacon pr!Wal5ng Wlllge reqUirements, which is held
by the same prime contractor so much of tha accrued payments or
advanollsllII may be considered I"tl!Cel!lS&ty to pay laborers and
mechanics, including apprentiees, trainees and helpers, eflllloyed
by the e<>ntrllctor or arrl doontractor the fUl amount of WaQe6
required by the- oontract, I n the event of failure to pay any laborer or
meo/1Qnio, including wrI apprentlo&. trame or helper, errployed or
workJ ng on the site of the work (or under the United Sletea Hous Ing
Act of 1937 or undertt1e HoUSing Act of 1949 In the COI1I'ltrucllon or
develop rnert of the project). all or pert of tha wag8ft required by the
contract_ HUD or Its designee mey. after ,,"I!ten notice to the
contractor. sponsor, applicant. or owner. lake such actkm lIS may be
neoe66Q/)' tooaU6e the suspension of any further payment, ad-
vanoe.orguarQ/"lt(le of fI.r\ds untilsuchvolatione haveceMed HUO
or Its design&e may, after writtllf1 notioe to the contractor. dlsbUl'lle
such amounts withheld for and on aooomt of the contraotor or
Uoontractor to the respeotive errptoyees to Whom they aredue The
Corrptrofter General shall make such dlllbunsernents in the cese 01
drecl Davis-B8con Act oontracts
3, (I) Payrolls IlI1d b,.lo recom.. Payrolls and b&;ic recortil
relstirg thereto shell be maintained by the oontrsclor durirg the course
of the work end preserved lor a period of tI'nle years thereafter for al
laborers and mechanice workirg at the sllB of the work (or under the
Unled statoo HOl.ISing Act <t 1937, or under the HoUSing Ad. of 1949.
in the construction or devefoprnenl <t the pro/ll<i;., SUoh reoorcil shal
oontm the Mme, addrlilSS. and SOOIQI &eoul1y nll!'l"lbl;lr 01 each such
worker. his or her correct classification, hourly retes <t WaQe6 paid
(inclt;ding relies cl cOnIributiorls or CCllRs anllClpatedfot bona fide fringe
bene/Is or cash equj\/elenls lhereol of the lypes deecribed in Sect"""
1 (1:>)(2)(8) of the ~-8t.Ioon Ac9, deily and weeI<ly runber cl hours
worked. deQu;:tions made and ac:llJlll wages paid Whenever the
Secretary of i..lIborhas found urider 29 CPA 5,5(8)(1 )(11I) theUhe WIl.gea
of any lmoter or ~ ineludethe al1'1OlJl'1lof any oostsfl!!flSOl1Clbly
antloipelt1d In providlng benefit under a plan or program desoribftd in
section 1 (b)(2)(B) of theDavilrBaoon Ad. theoonlractor shall malrtain
rsoords which show thalthe oanmlrnent 10 provide such benetls i6
enIorcealble,lhatthe plan or program is flnanclelly respoflllible_ and thel
the plan or program ha& been communicated In wrting to the laborei'll
or mechanIcS $fIeeted. $nd ~'1IhiCh show the COSl$ ~eted or
the eclual cosllncurred in pl'Olllding such benefits Contractors ~O"J-
Ing apprentlolls or trelnees under spprco.<ed programs shall mainlain
written eviderc& of the I'Elgi6tralion of apprenlloeehip progmrne and
certifiOationof tralneeprOllrarne, too ~atiOn 01 the apprenti0e6 and
trlllinees, and too ratios IIrd wsge rates presorlbed In the applOllbIe
progams, ~fQlfed by the 0Ifi0e 01 ~ ard bUdget Under
008 Control Numbers 121S-0140 and 1215-0017',)
(il) (Il) Thecontraooshall8Ubmit~Jyforeach~ln
which anycontr8<:lwork is performed a copy of al peyroll8 to HUD
or its deai9nee ~ the agency i$ a party to the contract, b.. If the
agency i$ not such a party, the contractor wil submt the payrolls 10
the aj:!pllcant. sponeor. or owner, as the case may be. for transmis-
.sion to HUD or its designee, The pll'll'oll8 SU:lmltted shall silt out
aooureteJy and completely all <t the InformatiOn required to be
matntslnedurider29 CFR Part S,6(a){3) (i}, This InforrnetiOn may be
drnittedlnart/fOrmdeslrscl Optional FoonWH-347lsavaJlablefor
thi6 PUIpOGe and may be pl..ll'Ohlilaed trpm the ~llI'inler1dent ot
Docurnerts (Federal Stock Nurri>er 029-006-00014-1). U,S, Gov-
ernment Printing OIfic:e, WIl8t1ngtQ", DC, 2Q.4.Q2, Tha prime con-
tractor la1 responsible lor tha submislrlon of copies cl payrolls by all
Ucontractors, {Approved by the Oftioa of Menagernert end 8l.Idget
Under OMBCortrOl Number 1215-0149)
(b) Eech payroll /Submitted ahall be ~ar1led by a
"Stetemenlof Complle.noe.. signed by the contraolor or sU:lcontrao-
tor or his or her agent wtio pays or ~rvises the payment of the
persons eflllloyed under the oontraot and shal oertl'l the fOllowing:
(1) Th4tt the payroll for the payroll period contains the
informatiOn rllQulred to ~ maintained under 2l) CFR
Part 5.5(a){3}(l) and th4tt such i"lormetiOn 16 correct and
complete;
(2) That each laborer or rnechllnfc (including each
Repl_ FHA-25/l4 whlctl is obsolelll.
helper. apprentice, and trainee) employed on the c0n-
tract during the payroll perlocl hOB been paid the full
weekly wages earned. without rebate. either directly or
indlractly, andthat no ~tlons h8vabeen mlldeeithet
directly or Indirectly from the full wagll6 earned, other
than permissable deductione as set torlh In 29 CPA Part
3:
(3) That each laborer or mechanio hll..s been paid not
I_than the !ll)PIlOllbIe _ge ratll6 and fringe ~ne!illl
or cash equivalents fOr the oJassifiootion of WOrk per-
formed. 8S specified In the applicable wage determina-
tion Incorporated into the contr8<:l,
(c) Tha weekly submission of a properly executed
certification Silt Iorth on the reverse side of Optlor\lll Form WH-347
shallsallsfy the requlreffi!!lnt for sulJmi$slon of the "Statement of
Corrplillnce" required by paragraph A3,(ii)(b) of Ihis section,
(d) Tha fals'ieatlon of any of the above certlficeUons
may 8\Jbjeclthe contractor or subcontractor 10 cMI or criminal
prosecution under Section 1001 of Title Hl and Section Z31 cA Title
31 of the United States COde
(Iii) The contraclor or ucontractor shal make the recordS
required lI'1der parclgr!ll)h A3\il olthis section available for Irlspeo.
tiOn, copying, or transcription by authorized repreaenlatives 01 HUD
or its designee or the Department of Labor, and ahall permit such
representatIveS to Inter\rieW employees during "'"lrklng hcut/Son the
job, If the ccntractor or Subcontrllctor fails to submit tha reqUired
records or to make them available. H UD or Its designee may. efter
written notice to the contractor. sponsor, applicart. or owner, lake
such action as mey be neoeasary to oaU6e the sU6pension 01 arrl
further paymert. advanoe. or guaranlee of fundS, F'urthermere.
failure to si.bmit the reqUired records upOn request or Ie rnel<e such
recorcil available may be grQuinds for debarmert action purllum to
29 CFR PariS 12
4. (I) AppNntiow tIIlCl Tl'tlIf'MIH. Appfentlow. Apprentioes
wfl be permitted to work alless then the predetermined rate for the
work they performed when they ere employed pursuer1to end
Individualy r"9lstered In II bona fide apprenticeship program r"918-
tered with the U,S, Department of labor, Employment IIndTralnlng
Administration, Bureau of Apprenticeship and Tr$lnIng, or with a
Slate Apprflf'tioeship Agency recognized by the Bureau, or If a
person IS emplO'Jed in hl6 or her first 90 clay& of probatiOnarl
eflllloyment as an apprentlo& in SUCh an apprentiOeship progrl!l1'l.
woo 16 not indlvldUEllIy registered In the program, but woo has bellf1
certified by the Bureau 01 Apprantlceshipand Tralnlns;l or a Sta~
Apprentlcesh., Agency (where appropnete) to be eligible for proba-
tionary emploYffi!!lntes an apprentic:e, Tha alcwable ratio of !lPPren-
ticesto journeymen on the job ale In any creft cl asslftoatlOfl shall not
be greater then the ratio permitted to the oontrectQr 85 tl>the entire
work force under the registered program, Arrl worker listed en a
payroll at an apprentice wage rete. woo Ie not registered or otherwise
eflllloYed as sleted above, shall be paid not less lhanthe applioat>le
wage llIte on the wage determlnatien for the olall6lfioetiOn of work
actually performed In addition. any apprentice performing WOrk on
the job srte In excell$ of the ratio permitted urider the regilltered
program shell be pelcl not less then the aj:!plicable wage rate on the
",age determination for the work actually performed WheleD c0n-
tractor is performing construction on a project In a iocaflty other then
that in whioh Is program Is registered. the retioe and wage rates
\el(!lflilSSed in pel'Ollf1ll1ges of the joumeyman's hourtJ rete} speci-
Ired In the contractor's or si.boontraotor's regllrteredprogram shall be
observed, Every apprentice must be pail:! at notlesll than the rate
spedfied In the r"9il1tered program for lhe apprentice's level of
progreee, expresaad 85 a percentaga otthe Journeymen hourly ra~
lOp8Cified in lhe appioable wage determination Apprenticeuhall be
paidfrlngD benefl1s in accordencewith the proviSions of the !lPPren-
ticeship program, if the Dpprenticeship program does not /Speafy
fringe benefls, apprenticea must be paid the fUl amount of fringe
beneftta liated on the wage determination for the applOllble clM8lfi-
cation If the Administrator defern1n&S the! a different pl'Qolice
prevails for the appliClab Ie apprentioe classification. lringea &hall be
paid In eccordenoa with thet de\ermlnatlon. In tha event the Bureau
form HOl).~ (12:'!WIm05)
ref. Hendbook 4571,1
Pag<o 2 of 4
Appendix I, Page 1.7
EXHIBIT B
APPENDIX I - FEDERALLY FUNDED PROJECT REQUIREMENTS
121 ThaI each laborer or mechanic (Including eaCh helper.
appnllntice. and trainee) employed on the contract during
fhe payroll period hilS D"en pllid the full _"kly wages
earn!'>d. \'lithout rebate. eith!'>r directly or indirectlY. and
thllt no deductions hllve Deen made either directly or
indireclly from the full wagn earned. 9ther thlln
perm'sslble deductions as set forth in 29 CFR Part 3;
131 That UCh laborer or mechanic has been paid not less
than th" applicable 'Itage ratn and fringe t>en.nts or ca$h
equivatents for Ihe classification of work performed. as
specified in the applicable wage determination
incorporated 11'110 the contract
tel The w"eKI)' $\IbmiSsion 01 a properly exec\ll.d
certification set torth on lhe reverse side of Optional Form
WH.J47 $hall saMf)' Ine r.quir.ment lor submiuion 0111'1.
"Sfal"m.nt 01 Compllanc,,' r.quired by aubparagraph
A.:l.(Ii)(bl.
Idl Th'" falsification of any of the above certifiCations may
sUbj"ct 1M contraclor or $ubcontraclor 10 civil or criminal
proseculion under Section 100'1 01 Tille 1 e and Section
231 01 Title 31 of the United Slales Code.
tlll.l Th. contractor or aut>contractor $hall maKe 11'1..
records required under ..ubpara~raph 11..3.(1) available fo,
inspection. copyin~. or transcription by a\lthorized
representalives of HUD or itt designee or Ihe O.parlment
01 Labor, and shall permit SUCh repr....enlativn to
interview employees durin~ working hours on Ihe job. II
the contractor or suDconlractor fa.lIs to sub mil thl! 'I!<!ulrl!d
records or to make Ihem available. HUV or Its dnlllnu
l11ay. alter ....rllten notice 10 theeonlreclor. 51PonSor.
appllcanl I>r owner. take sucn action as may be necessary
to cause Ihe susp..nsion 01 any furlhl!r pa~ment. advance.
Q( guaranl"I! 01 funds Furthermore. faHur. to submit the
required records upon requnt or to make 51ucll records
evallable may b<! grounds 10r debarment action purauanl to
211 CFR 5..12
4. Apprantlen and Tralnan.
Ii; Apprelltlcn. Apprentlc..s '/till b<! permitted to wo,k at
I"SS Ihan Ii'll! predetermined rate for It'll! work Ihey
performed when they are employed pursuanl to and
Indlvidully ,..glste,.d In a bQna fldl! appr"ntlceship
pr~rllm r..gilltered with th. U.S. O.partment Of Labor.
Employmenl and Training Adminlslration. Office of
Apprenticeship Training, EmplOyer and Labor ServlMil, or
with a Slate Apprentlce5lhip A~ency reeo~nized by the
Office. or If a person i$ "l11ploy..d In hi$ Or ll<!r first 90
days of PrObationary el11ploYl11ent as an apprentice In such
an apprenticeShip pr~ram. who 111 nOl individually
,,'glsterl!d In the Pl'Ollram, but who has be.. ",..rtllied by
thl! Office of ApprlfOlIc"'ship Tl1Ilnlng. Employer and Labor
Service" Or a Stale Apprentlcuhip Agency (where
Ilpproprlatel to be e!iglbla for probationary employment as
an apprenUc". The allo",able ratio of apprenlicu 10
journeymen on lhe job $itl! in any craft claniflcatlon shall
not be greater than the ratio permitted to the contractor as
to Ihe entire work force under the registered program. Any
'/tork"r listed on a payroll at an Ippn.ntlc<! ",egl rate. who
Pre..-ous edlllc.n9 are obsolete
IS not registered or otherwise employed as stated above,
51'1811 be paid nol les$ then the applicable W8g" rate on the
....age d"termination lor the clenificellon of work actually
pe rforl11 ed. In addillon. any appr6nticeperformlng wort on
the job sile in exce"" of the rallo permitted under Ihe
r.1l15lered program shall be paid not le5$ than the
"pplica!:>le wage rate on Ihe wage de-termination lor the
work acluall~ perlormed. Where a contractor Is p&rformlng
eonslructlon on a project in a locality other than that in
'/thich ita program ia registered, the ralios and wage r.tn
(6~pr&ssed in percentages 01 Ihe journeyman's hourly
rate) 51pecified In the contractor'sor subcontractor's
regist.red pro\lram shall be observed. Every apprenlice
must be paid at nol le$5 than the rate specified In Ihe
registered program tor tne apprentice's level 01 progress,
expresud as a percentage of the journeymen hourly 'ate
>>p.cllied In tha applicabl" .....g. <:Ialarminalion
Apprentices shall bl! pal<:l frlhlJI! benelits in accordaMe
with the provisions of the apprenticeship program. If the
appr..nticnhlp program does 1'101 specify fringe benefitS.
apprentices mU$t be paid the full amount of Iringe ben.fit5
Ii..led on the "'age determination for the applicable
clas5lllicatlon. IIlhe Administrator determines that a
dlfferenl practice prev.i1s lor the applicable apprehlice
<:lIlsall!calion, hlnllea $hall be paid in a<:cordl1n"'I! ",.,th that
detllrminallon. In Ihe evenl the Office of Apprenticeship
Training, Employer and Labor Services, or a Stale
Apprenticeship Agency recognized by Ihe Office.
wilhdraws approval 01 an apprentlce5lhip program. Ihe
conlractor will n Q lon~er be perm Ilted 10 ulilize
appronllce" at len than the applicable predetermined rale
for the work performed until an acceptable program IS
approved.
(II) Tralneu. !ixcepl as provided in 29 CFR 5.16.
train,,!; will not b. p"rmltled 10 work at Ius than 11'1'
predelermined tate for the work performed unless they are
el11ployed pursuant . .to and Individually registered In a
progrem which hISS received prior approval. "vtdenced by
formal ""rllfiullon by the U.S Ol!partmenl of Labor.
Employment and Training Administration The rallo 01
trlllllells to journ.yr""," on the jOb site $hall 1'101 D' greater
than permltte(j under the plan approv"d by Ihe
Employment and Trainin~ Adl111nistration. Every trainlle
must be paid ..t not le...s than IlIe rale sp.."'fled In the
epprov<!d program for Ihe lralne.'s "tvel of progress.
expr.$51ld ll!l. a percentage ollhe journ"yman hourly rate
'$pecifie4 In the applicable ..-age determln.llon Trainees
shalt be paid fringe benefits in accordance with Ihe
provisions of thll trllin.e progrllm. If the trllinee program
doe$ not mention fringe benefits, traInee" .hall be paid
the full amount of fringe benefits listed on the ...a~e
det.rmlnllllon U!lIItS. th.. Adrnlnlatllllor or tile Wag", and
Hour Division d~..rmlnes thaI there Is an appYllnllceship
progral11 usoeiated wlll'l the corresponding journeyman
\IIage rate on the wage determln.atlon which provide.. lor
less than full fring.. benefits for apprentices Any
employee listed on th", payr(lll et a trainee rate Who Is not
registered and panlcipatir\g In a training plan approved by
101m HUrJ.<t!)111 (0012009)
ref .Handbodr f 344.1
Page 3 ol5
Appendix I, Page 1.8
2011-9
EXHIBIT B
APPENDIX I - FEDERALLY FUNDED PROJECT REQUIREMENTS
the Employment and Training Admlnl:lltratlon shall be paid
nm len than the applicable wage rate on the wage
determination lor the work actually perform",d. In addltlon.
any trainee performlnll work on the job site in e~cess of
th" ratio perml!ted under the r"glst"red program $hall be
paid not h,stI than th" applicable wape rate on the wage
determlnatiDn tor th!l "'Qr. actually perlormeC!. In the
event the Employment and Training Administration
...Ithdr......" ..pproval of a tr..lnlng progrllm, Ih" contr..ctor
...i11 no lonllt'r be permitted to utilize tr..lnen at leu than
the applicable predelermmed rate for the "'ork performed
until an acceptable program i.. approved.
(Ill) Equal employment opporlunity. nil utillzetlon of
apprentice... tralneu and jQurneymen under 29 CFR Part 5
shail be In confQrmity with the equal employment
opportunity r"qulrements of Encutive Order 11246, ..s
amended, and 29 CFIl Part 30
5. Compllallea with Copalalld Ael r.qulramalltc. me
eonlractor "hall comply ..ith the requirements of 29 CfR
Part 3 which are InCQrpo.rated by reference In this contract
6. Subeontuc;lll. ThecontractQr Qr subcontractQr will
Inurt In any aubcontracts the clau$lI$ contained In
subparagraph 1 through 11 in this paragraph A and such
OIher clauses as HUn or its designee may by apprQpriale
instructions reqUire. IInd a copy of th" applicable
prevailing wage deci.ion, lllnd at.Q III clause r"quiring the
$ubcontractors to include Ihese clau$es In any lo..,."er tier
subcontracts The prime .contractor shall be responSible
l<;lr the complianc. by any subcontractor or lower tier
subcontractor wllh ail the contrlel clauses in this
paragraph
1. Conlra"t termination; debarment. ^ breach of the
conlr..,,' clauses In 29 CfR 5.5 may be grounds for
lermination of the cQntract and for debarment as a
conlractor and a sUDcontractor u provided in 29 CFR
5.12
ll. c.amPIIllr\ca VlIth DaYls-8aC<>n and "-'alad Aet "equlremantfl,
All rulings and interpretations 01 the Davis-Bacon and
Relall!1d ^"Is "ontainl!1d in 2\; CFR Perts L 3. Ind 5 ere
herein ineorporaled by referenee In this contracl
9. DI.put... contlernlllg labor standardlL nisputu
erlslng out of the labor slandards provisions 01 this
eQntraet sl1all not be SUbject to the general disputes
clause 01 this contract. Such disputes shall be resolved jn
accordance with the procedures 01 the Department 01
labor set lorth in 29 CfR Parl$ 5. 6. and r, Oispute.
within th.. meaning 01 this clau"" includ.. disputes b..lw....n
th.. contractor (or any 01 its subcontractors) and HUD or
itS designee. Ihe U.S. Ol!1partment 01 Labor. or thl!1
empiQytles or their representatives
lIL III Cartlneatlon of EllglbJllt.. By entering intQ this
contr..ct the contraclor "ertlfles that nelthar it (nor he or
"he) nor any persQn or firm who hils an interest in the
cMtrac!",'.. firm Is a person or firm ineligible to be
awarded Government contracts by virtue of Section 3(a) of
ihe Davit-Bacon A<;t or 29 CFR $, 12(a)(t) or to be
awarded HUD contracts or participate in HUn prQgram.
PUl'$u..f\t to 24 CFR Part 24
(Ill No part of tllla contract $hall be subcontrutt'd to any
person or firm Ineligible for award of a Government
contract by virtue of Section 31al of the Oavi.-Bacon Act
or 29 CFR 5.12(a)(1) or 10 be awarded HUD contracts or
participate in HU D prOllramll p~rsuant 1024 CFR ParI 24.
{Ull The penally for mUing false statem..nts 19 pre.cribed
In the U,S. Criminal COOe, 1& U,S.C, 1001, MdlUonlllly.
US, Criminal CQde. Section 1 01 O. Title 18. U.S.C..
"Federal Housing Admlni91ration transactions". provides in
part: -Whoever, lor the purpon of . inflnncinll in any
.....ay tile letion of .lIch ....dminl.tration..." make$. IIlteto or
publishe. any statem"nt knowing tl\$ ume tQ be false.""
.hall be fined nol mQre than SS.OOO or imprison.." not
more than two years, or both:
11. Complalnta. "roc;..dlnjJa, Ot la.tlmony by
Empto..... No Ilborer or mechanic to whom the wage.
salary. or other lal)Qr st"ndard. provi.lon. of this contract
ara applicable sllall be discharged Qr in any otller manner
discriminated allaln91 by the CQntractor or any
$ubcontractor because such employee has llllld any
"om plaint or inatiluted or caust'd to be instltut"d any
proceadjng or has teSlified or Is about to lestlfy in any
proceeding under or relating to the labor .tandards
applicable under this Contracl to hi. ..mplQyt'r
B. Contract WoItl HoUR and SaIIIIly lIliIM.o& Act. The
provISiOns 01 this para&nph B "'"' applicable WI...... ihe aroount IS the
prime contract m:eeds $100.000. As used In this paragraph. the
terms 1abclrels- end 'mt'dhanic.;" Include watchmen anJ:l guard".
{11 O...rllma roqulram.nts. No contractor or SUbcontfactllf
eontracting fOr any part ot Ih<t ~ wOlli MIlch ll'IEly rt'qUill! or
involve the !.'Il'Ip/oyrnent d Illb_s or mectlanics shal require or
pannl any such laborer or mechani<: in any workweek in which the
inti\;lcklal ia em~ on s~ ~ 10 work In excess d 40 hou" in
SUch W<7kwnll lilies. auch laborer or meenaillc n!leeM!'
cQmpen.atl<on at a rat. naleas than one and ~u tlmll4 the baSic
rate 01 pay for aO hours worIred in exce.. d Ml hours in such
."'OOCWllH.
\21 Viglalion; liability for unpaId wqu; liquldatell
damagn, In the avenl 01 any violation of the clause set
lorth In subparagraph ill of this paragraph, the contractor
and any $ubcoolta<:tor re$ponsibh. tharefor Shllll bt' liable
lor the unpaid wage$. In addition. suell contrectQr lInd
subeontractor Shall be liable> to the United Statu (in the
cu" of ....or~ done under contract for the Dislricl of
Columbia or a territory. to SUCh Qlstrict or to such
te rril Qryl, for liquidated damage.. Such liquidated
damages $hall be computt'd with reap",ct to ea"h IndlV1dulll
laborer or mechanic. including watchmen and guarda.
employed in viQlation of ihe clause sot lorth in
subparagraph 11) ollhis paragraph. in the sum Qf S111 for each
ealt'ndar day on wIIich auch ind'AcklaI ...... requi~d a perm~ to
...'<rt in exeeM 01 the stanOlIld 'oI'OrkWe<Ik d 4(). hOUrs wlthou1 payrnt'nt
of llle OWII'tiI'ne wages required by the ctause set forth In SUb
p..r..graph (1) 01 thl$ paragraph.
Previous, edlloM are <bidet.
Paga 4 01 5
form HUD-4Ct10 (0612009)
ref. Handbodl1344.1
Appendix I, Page 1.9
EXHIBIT B
APPENDIX 1- FEDERALLY FUNDED PROJECT REQUIREMENTS
(:I) INUhholdlng for unpaId wagu alld IIquldal"..
damagtl. HUD or its design I'" shall upon Its own acllon
or upon written request of an authorlz..d r"prenntallye of
the. Departm&nt of labor ....tthhold Of cause. to be Withheld.
from any mon"Ys payable on account of work performed by
the contractor or :>ubconlrllctor under any such contract or
any other Federal contract with the ~ama prime conlracl.
Of any other Federatly.a~!li~ed contract ~ubJect to the
Contract Work Hours and Safety Standards Act which is
held by the same prime contractor such sums lI.$ may be
determined to be necessary to satisfy any liabilities at
$Ych contractor or subcontractor for unpaid wages and
Ilql,lldated damal/es I!I$ proyld..d In the claus" aet forth In
subparagraph (2) of this paragraph.
(4) Subcontracts. The contractor or subcontractor '!lhall
IUIHI In any subcontracts fhe clauns set forlh in
,"ubparagraph (1) through (4) of this paragraph and also a
clau~e requiring Ihe ,"ubcantractars 10 Includ" Ihe,""
clauses In any lower lIer subconlract $ The ptlm..
contractor shall bll responSlbl.. for compliance by any
subcontractor or h)\'!.H tier subcontractor with the clauses
'!leI lorlh In subparagraphs (1) throollO (4) of this
peral/raph
C. Health l!nd Safety. Thll Pro\!i$ioos rllhis paragraph C are
applicable \'.'here the amount otthephmaCOt1lracl e~ceedt$I00,OOO,
(1. No laborer or mechahi" shall b.. required 10 wor. in
'!lu"oundlngs or under working conditions which are
unsanitary, hanrdous, or dangerous 10 his health and
salelyas determined und..r conslrucll,," ufety and health
standards promlJlllaled by the Secretary 01 labor by
rllgulatlon.
(21 The Contractor .hall corn ply with all regulaliOns
inued by the Secrlllary of Labor pursuant 10 Title 29 Pari
1$;18 and failure 10 comply may resull in ImpOSition of
sanctions pl,lrsuant 10 Ih" Conlract Work Houn end SatalY
Slallderds Act. (Public law 9H~4. &3 Stal 96), ~
3701 at sea.
(3) The contrector shall Include the provslons of this
paragraph in ey.ny subtontrllcl so that suth provision5 will
I:te binding on ..aoh sl,lbconlraclor, The conlraclor shall
lake such action with r"$pect 10 any subconlractor a. the
SIlcrelll'Y of Housing eM Urblln Developmellt or Ih..
Secretary of lebor shllll dlr"c! liS a lnell1l5 of enforcing
fluch proYi'!l!ons
Page 5 of 5
form HUD..trl10 (06l2Q09)
ref, Handbo<:<< 1344,1
Previou$ ~k.ns:.-are <:b$dete
Appendix I, Page 1.10
2011-9
EXHIBIT B
APPENDIX 11- FEDERAL WAGE DETERMINATION
APPENDIX II
FEDERAL WAGE DETERMINATION
Appendix II, Page 11.1
EXHIBIT B
APPENDIX 11- FEDERAL WAGE DETERMINATION
General Decision Number: CA100037 10/08/2010 CA37
Superseded General Decision Number: CA20080037
State: California
Construction Types: Building, Heavy (Heavy and Dredging) and
Highway
County: San Bernardino County in California.
BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not
include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does
not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS
Modification Number Publication Date
o 03/12/2010
1 03/26/2010
2 04/02/2010
3 04/16/2010
4 06/25/2010
5 07/02/2010
6 07/23/2010
7 08/06/2010
8 08/13/2010
9 08/27/2010
10 09/03/2010
11 09/10/2010
12 09/24/2010
13 10/08/2010
ASBE0005-002 01/01/2010
Rates Fringes
Asbestos Workers/Insulator
(Includes the application of
all insulating materials,
protective coverings,
coatings, and finishes to all
types of mechanical systems).....$ 32.93 15.32
Fire Stop Technician
(Application of Firestopping
Materials for wall openings
and penetrations in walls,
floors, ceilings and curtain
Appendix II, Page 11.2
2011-9
EXHIBIT B
APPENDIX 11- FEDERAL WAGE DETERMINATION
walls)...........................$ 24.21 13.76
ASBE0005-004 01/01/2010
Rates Fringes
Asbestos Removal
worker/hazardous material
handler {Includes
preparation, wetting,
stripping, removal,
scrapping, vacuuming, bagging
and disposing of all
insulation materials from
mechanical systems, whether
they contain asbestos or not)....$ 18.85 8.03
BOIL0092-003 10/01/2009
Rates Fringes
BOILERMAKER......................$ 40.22 22.26
BRCA0004-011 05/01/2010
Rates Fringes
BRICKLAYER; MARBLE SETTER........$ 35.25 10.62
BRCA0018-00406/01/2008
Rates Fringes
MARBLE FINISHER..................$ 25.52
TILE FINISHER....................$ 21.07
TILE LAYER.......................$ 32.05
9.08
7.88
11.99
BRCA0018-01O 09/01/2009
Rates Fringes
TERRAZZO FINISHER................$ 26.59
TERRAZZO WORKER/SETTER...........$ 33.63
9.62
10.46
CARP0409-001 07/01/2010
Rates Fringes
Appendix II, Page 11.3
EXHIBIT B
APPENDIX 11- FEDERAL WAGE DETERMINATION
CARPENTER
(1) Carpenter, Cabinet
Installer, Insulation
Installer, Hardwood Floor
Worker and acoustical
installer...................$ 37.35
(2) Millwright..............$ 37.85
(3) Piledriver/Derrick
Bargeman, Bridge or Dock
Carpenter, Heavy Framer,
Rock Bargeman or Scowman,
Rockslinger, Shingler
(Commercial)................$ 37.48
(4) Pneumatic Nailer,
Power Stapler...............$ 37.60
(5) Sawfiler...............$ 37.44
(6) Scaffold Builder.......$ 28.55
(7) Table Power Saw
Operator....................$ 37.45
11.08
11.08
11.08
11.08
11.08
11.08
11.08
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
- $1.00 per hour premium.
CARP0409-002 07/01/2008
Rates Fringes
Diver
(1) Wet.....................$ 663.68
(2) Standby.................$ 331.84
(3) Tender..................$ 323.84
(4) Assistant Tender........$ 299.84
Amounts in "Rates' column are per day
CARP0409-005 07/01/2010
Rates Fringes
9.82
9.82
9.82
9.82
Drywall
DRYWALL INSTALLER/LATHER....$ 37.35
STOCKER/SCRAPPER............$ 10.00
11.08
6.67
Appendix II, Page 11.4
2011-9
EXHIBIT B
APPENDIX II - FEDERAL WAGE DETERMINATION
CARP0409-008 07/01/2008
Rates Fringes
Modular Furniture Installer......$ 19.00 7.41
ELECOOll-00202/01/2010
COMMUNICATIONS AND SYSTEMS WORK
Rates Fringes
Communications System
Installer...................$ 26.99
Technician..................$ 28.79
3%+8.64
3%+8.64
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.
ELEC0477-00206/01/2009
Rates Fringes
Electricians:
Electrician.................$ 34.00
3%+ 14.95
CABLE SPLICER: $1.00 per hour above Electrician rate.
Appendix II, Page 11.5
EXHIBIT B
APPENDIX 11- FEDERAL WAGE DETERMINATION
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 $8.00 per hour to the current wage scale.
ELEC1245-001 06/01/2010
Rates Fringes
LINE CONSTRUCTION
(1) Lineman; Cable splicer..$ 46.14
(2) Equipment specialist
(operates crawler
tractors, commercial motor
vehicles, backhoes,
trenchers, cranes (50 tons
and below), overhead &
underground distribution
line equipment)...........$ 36.85
(3) Groundman...............$ 28.19
(4) Powderman...............$ 41.20
13.41
12.36
12.10
12.53
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
ELEV0018-00101/01/201O
Rates Fringes
ELEVATOR MECHANIc................$ 45.33
20.035
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 07/01/2009
Rates Fringes
Appendix II, Page 11.6
2011-9
EXHIBIT B
APPENDIX 11- FEDERAL WAGE DETERMINATION
OPERATOR: Power Equipment
(All Other Work)
GROUP 1....................$ 36.83 17.22
GROUP 2....................$ 37.61 17.22
GROUP 3....................$ 37.90 17.22
GROUP 4....................$ 39.39 17.22
GROUP 5....................$ 40.49 17.22
GROUP 6....................$ 39.61 17.22
GROUP 7....................$ 40.71 17.22
GROUP 8....................$ 39.72 17.22
GROUP 9....................$ 40.82 17.22
GROUP 10....................$ 39.84 17.22
GROUP 11....................$ 40.94 17.22
GROUP 12....................$ 40.01 17.22
GROUP 13....................$ 40.11 17.22
GROUP 14....................$ 40.14 17.22
GROUP 15....................$ 40.22 17.22
GROUP 16....................$ 40.34 17.22
GROUP 17....................$ 40.51 17.22
GROUP 18....................$ 40.61 17.22
GROUP 19....................$ 40.72 17.22
GROUP 20....................$ 40.84 17.22
GROUP 21....................$ 41.01 17.22
GROUP 22....................$ 41.11 17.22
GROUP 23....................$ 41.22 17.22
GROUP 24....................$ 41.34 17.22
GROUP 25....................$ 41.51 17.22
OPERATOR: Power Equipment
(Cranes, Piled riving &
Hoisting)
GROUP 1....................$ 38.18 17.22
GROUP 2....................$ 38.96 17.22
GROUP 3....................$ 39.25 17.22
GROUP 4....................$ 39.39 17.22
GROUP 5....................$ 39.61 17.22
GROUP 6....................$ 39.72 17.22
GROUP 7....................$ 39.84 17.22
GROUP 8....................$ 40.01 17.22
GROUP 9....................$ 40.18 17.22
GROUP 10....................$ 41.18 17.22
GROUP 11....................$ 42.18 17.22
GROUP 12....................$ 43.18 17.22
GROUP 13....................$ 44.18 17.22
OPERATOR: Power Equipment
(Tunnel Work)
GROUP 1....................$ 38.68 17.22
GROUP 2....................$ 39.46 17.22
GROUP 3....................$ 39.75 17.22
Appendix II, Page II. 7
EXHIBIT B
APPENDIX 11- FEDERAL WAGE DETERMINATION
GROUP 4....................$ 39.89 17.22
GROUP 5....................$ 40.11 17.22
GROUP 6....................$ 40.22 17.22
GROUP 7....................$ 40.34 17.22
PREMIUM PAV:
$3.75 per hour shall be paid on all Power Equipment Operator
work on the followng Military Bases: China Lake Naval
Reserve, Vandenberg AFB, Point Arguello, Seely Naval Base,
Fort Irwin, Nebo Annex Marine Base, Marine Corp Logistics
Base Vermo, Edwards AFB, 29 Palms Marine Base and Camp
Pendleton
Workers required to suit up and work in a hazardous material
environment: $2.00 per hour additional. Combination mixer
and compressor operator on gunite work shall be classified
as a concrete mobile mixer operator.
SEE ZONE DEFINITIONS AFTER CLASSIFICATIONS
POWER EQUIPMENT OPERATORS CLASSIFICATIONS
GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch
Witch, with seat or similar type equipment; Elevator
operator-inside; Engineer Oiler; Forklift operator
(includes loed, lull or similar types under 5 tons;
Generator operator; Generator, pump or compressor plant
operator; Pump operator; Signalman; Switchman
GROUP 2: Asphalt-rubber plant operator (nurse tank operator);
Concrete mixer operator-skip type; Conveyor operator;
Fireman; Forklift operator (includes loed, lull or similar
types over 5 tons; Hydrostatic pump operator; oiler crusher
(asphalt or concrete plant); Petromat laydown machine; PJU
side dum jack; Screening and conveyor machine operator (or
similar types); Skiploader (wheel type up to 3/4 yd.
without attachment); Tar pot fireman; Temporary heating
plant operator; Trenching machine oiler
GROUP 3: Asphalt-rubber blend operator; Bobcat or similar
type (Skid steer); Equipment greaser (rack); Ford Ferguson
(with dragtype attachments); Helicopter radioman (ground);
Stationary pipe wrapping and cleaning machine operator
GROUP 4: Asphalt plant fireman; Backhoe operator (mini-max or
similar type); Boring machine operator; Boxman or mixerman
(asphalt or concrete); Chip spreading machine operator;
Concrete cleaning decontamination machine operator;
Appendix II, Page 11.8
2011-9
EXHIBIT B
APPENDIX 11- FEDERAL WAGE DETERMINATION
Concrete Pump Operator (small portable); Drilling machine
operator, small auger types (Texoma super economatic or
similar types - Hughes 100 or 200 or similar types -
drilling depth of 30' maximum); Equipment greaser (grease
truck); Guard rail post driver operator; Highline cableway
signalman; Horizontal Directional Drilling Machine;
Hydra-hammer-aero stomper; Micro Tunneling (above ground
tunnel); Power concrete curing machine operator; Power
concrete saw operator; Power-driven jumbo form setter
operator; Power sweeper operator; Rock Wheel Saw/Trencher;
Roller operator (compacting); Screed operator (asphalt or
concrete); Trenching machine operator (up to 6 ft.); Vacuum
or much truck
GROUP 5: Equipment Greaser (Grease Truck/Multi Shift).
GROUP 6: Articulating material hauler; Asphalt plant
engineer; Batch plant operator; Bit sharpener; Concrete
joint machine operator (canal and similar type); Concrete
planer operator; Dandy digger; Deck engine operator;
Derrickman (oilfield type); Drilling machine operator,
bucket or auger types (Calweld 100 bucket or similar types
- Watson 1000 auger or similar types - Texoma 330, 500 or
600 auger or similar types - drilling depth of 45'
maximum); Drilling machine operator; Hydrographic seeder
machine operator (straw, pulp or seed), Jackson track
maintainer, or similar type; Kalamazoo Switch tamper, or
similar type; Machine tool operator; Maginnis internal full
slab vibrator, Mechanical berm, curb or gutter(concrete or
asphalt); Mechanical finisher operator (concrete,
Clary-Johnson-Bidwell or similar); Micro tunnel system
(below ground); Pavement breaker operator (truck mounted);
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
Appendix II, Page 11.9
EXHIBIT B
APPENDIX 11- FEDERAL WAGE DETERMINATION
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, 20002500 auger
or similar types - Texoma 700, 800 auger or similar types -
drilling depth of 60' maximum); Elevating grader operator;
Grade checker; Gradall operator; Grouting machine operator;
Heavy-duty repairman; Heavy equipment robotics operator;
Kalamazoo balliste regulator or similar type; Kolman belt
loader and similar type; Le Tourneau blob compactor or
similar type; Loader operator (Athey, Euclid, Sierra and
similar types); Mobark Chipper or similar; Ozzie padder or
similar types; P.c. slot saw; Pneumatic concrete placing
machine operator (Hackley-Presswell or similar type);
Pumpcrete gun operator; Rock Drill or similar types; Rotary
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 0-5 - 100 flywheel h.p. and over, or
similar-bulldozer, tamper, scraper and push tractor single
engine); Tractor operator (boom attachments), Traveling
pipe wrapping, cleaning and bendng machine operator;
Trenching machine operator (over 6 ft. depth capacity,
manufacturer's rating); trenching Machine with Road Miner
attachment (over 6 ft depth capacity): Ultra high pressure
waterjet cutting tool system mechanic; Water pull
(compaction) operator
GROUP 9: Heavy Duty Repairman
GROUP 10: Drilling machine operator, Bucket or auger types
(Calweld 200 B bucket or similar types-Watson 3000 or 5000
auger or similar types-Texoma 900 auger or similar
Appendix II, Page 11.10
2011-9
EXHIBIT B
APPENDIX 11- FEDERAL WAGE DETERMINATION
types-drilling depth of lOS' 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
Appendix II, Page 11.11
EXHIBIT B
APPENDIX II - FEDERAL WAGE DETERMINATION
engine-up to and including 25 yds. struck)
GROUP 16: Rubber-tired earth-moving equipment operator,
operating equipment with push-pull system (single engine,
over 50 yds. struck); Rubber-tired earth-moving equipment
operator, operating equipment with push-pull system
(multiple engine, Euclid, Caterpillar and similar, over 25
yds. and up to 50 yds. struck)
GROUP 17: Rubber-tired earth-moving equipment operator,
operating equipment with push-pull system (multiple engine,
Euclid, Caterpillar and similar, over 50 cu. yds. struck);
Tandem tractor operator (operating crawler type tractors in
tandem - Quad 9 and similar type)
GROUP 18: Rubber-tired earth-moving equipment operator,
operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
single engine, up to and including 25 yds. struck)
GROUP 19: Rotex concrete belt operator (or similar types);
Rubber-tired earth-moving equipment operator, operating in
tandem (scrapers, belly dumps and similar types in any
combination, excluding compaction units - single engine,
Caterpillar, Euclid, Athey Wagon and similar types with any
and all attachments over 25 yds.and up to and including 50
cu. yds. struck); Rubber-tired earth-moving equipment
operator, operating in tandem (scrapers, belly dumps and
similar types in any combination, excluding compaction
units - multiple engine, up to and including 25 yds. struck)
GROUP 20: Rubber-tired earth-moving equipment operator,
operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
single engine, over 50 yds. struck); Rubber-tired
earth-moving equipment operator, operating in tandem
(scrapers, belly dumps, and similar types in any
combination, excluding compaction units - multiple engine,
Euclid, Caterpillar and similar, over 25 yds. and up to 50
yds. struck)
GROUP 21: Rubber-tired earth-moving equipment operator,
operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
multiple engine, Euclid, Caterpillar and similar type, over
50 cu. yds. struck)
GROUP 22: Rubber-tired earth-moving equipment operator,
Appendix II, Page 11.12
2011-9
EXHIBIT B
APPENDIX II - FEDERAL WAGE DETERMINATION
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)
GROUP 25: Concrete pump operator-truck mounted; Rubber-tired
earth-moving equipment operator, operating equipment with
the tandem push-pull system (multiple engine, Euclid,
Caterpillar and similar type, over 50 cu. yds. struck)
CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS
GROUP 1: Engineer oiler; Fork lift operator (includes loed,
lull or similar types)
GROUP 2: Truck crane oiler
GROUP 3: A-frame or winch truck operator; Ross carrier
operator (jobsite)
GROUP 4: Bridge-type un loader 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
Appendix II, Page 11.13
EXHIBIT B
APPENDIX 11- FEDERAL WAGE DETERMINATION
GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline,
clamshell operator (over 5 cu. yds. mrc); Tower crane
repair; Tugger hoist operator (3 drum)
GROUP 8: Crane operator (up to and including 25 ton
capacity); Crawler transporter operator; Derrick barge
operator (up to and including 25 ton capacity); Hoist
operator, stiff legs, Guy derrick or similar type (up to
and including 25 ton capacity); Shovel, backhoe, dragline,
clamshell operator (over 7 cu. yds., M.R.c.)
GROUP 9: Crane operator (over 25 tons and up to and including
50 tons mrc); Derrick barge operator (over 25 tons up to
and including 50 tons mrc); Highline cableway operator;
Hoist operator, stiff legs, Guy derrick or similar type
(over 25 tons up to and including 50 tons mrc); K-crane
operator; Polar crane operator; Self erecting tower crane
operator maximum lifting capacity ten tons
GROUP 10: Crane operator (over 50 tons and up to and
including 100 tons mrc); Derrick barge operator (over 50
tons up to and including 100 tons mrc); Hoist operator,
stiff legs, Guy derrick or similar type (over 50 tons up to
and including 100 tons mrc), Mobile tower crane operator
(over 50 tons, up to and including 100 tons M.R.c.); Tower
crane operator and tower gantry
GROUP 11: Crane operator (over 100 tons and up to and
including 200 tons mrc); Derrick barge operator (over 100
tons up to and including 200 tons mrc); Hoist operator,
stiff legs, Guy derrick or similar type (over 100 tons up
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
Appendix II, Page 11.14
2011-9
EXHIBIT B
APPENDIX 11- FEDERAL WAGE DETERMINATION
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); Pumpcrete gun operator; Tractor compressor
drill combination operator; Tugger hoist operator (2 drum);
Tunnel locomotive operator (over 30 tons)
GROUP 6: Heavy Duty Repairman
GROUP 7: Tunnel mole boring machine operator
ENGINEERS ZONES
$1.00 additional per hour for all of IMPERIAL County and the
portions of KERN, RIVERSIDE & SAN BERNARDINO Counties as
defined below:
That area within the following Boundary: Begin in San
Bernardino County, approximately 3 miles NE of the intersection
of 1-15 and the California State line at that point which is
the NW corner of Section 1, T17N,m R14E, San Bernardino
Meridian. Continue W in a straight line to that point which is
the SW corner of the northwest quarter of Section 6, 127S,
R42E, Mt. Diablo Meridian. Continue North to the intersection
with the Inyo County Boundary at that point which is the NE
corner of the western half of the northern quarter of Section
6, T25S, R42E, MOM. Continue W along the Inyo and San
Bernardino County boundary until the intersection with Kern
County, as that point which is the SE corner of Section 34,
Appendix II, Page 11.15
EXHIBIT B
APPENDIX 11- FEDERAL WAGE DETERMINATION
T24S, R40E, MOM. Continue W along the Inyo and Kern County
boundary until the intersection with Tulare County, at that
point which is the SW corner of the SE quarter of Section 32,
T24S, R37E, MOM. Continue W along the Kern and Tulare County
boundary, until that point which is the NW corner ofT25S,
R32E, MOM. Continue 5 following R32E lines to the NW corner of
1315, R32E, MOM. Continue W to the NW corner of 1315, R31E,
MOM. Continue 5 to the SW corner ofT32S, R31E, MOM. Continue
W to SW corner of SE quarter of Section 34, 1325, R30E, MOM.
Continue 5 to SW corner ofTl1N, R17W, SBM. Continue E along
south boundary of Tl1N, SBM to SW corner of Tl1N, R7W, SBM.
Continue 5 to SW corner ofT9N, R7W, SBM. Continue E along
south boundary of T9N, SBM to SW corner of T9N, R1E, SBM.
Continue 5 along west boundary of RlE, 5MB to Riverside County
line at the SW corner of TlS, R1E, SBM. Continue E along south
boundary of Tls, SBM (Riverside County Line) to SW corner of
TlS, R10E, SBM. Continue 5 along west boundary of RlOE, SBM to
Imperial County line at the SW corner of T8S, R10E, SBM.
Continue W along Imperial and Riverside county line to NW
corner of T9S, R9E, SBM. Continue 5 along the boundary between
Imperial and San Oiego Counties, along the west edge of R9E,
SBM to the south boundary of Imperial County/California state
line. Follow the California state line west to Arizona state
line, then north to Nevada state line, then continuing NW back
to start at the point which is the NW corner of Section 1,
T17N, R14E, SBM
$1.00 additional per hour for portions of SAN LUIS OBISPO,
KERN, SANTA BARBARA & VENTURA as defined below:
That area within the following Boundary: Begin approximately 5
miles north of the community of Cholame, on the Monterey County
and San Luis Obispo County boundary at the NW corner of 1255,
R16E, Mt. Oiablo Meridian. Continue south along the west side
of R16E to the SW corner ofT30S, R16E, MOM. Continue E to SW
corner of 1305, R17E, MOM. Continue 5 to SW corner of 1315,
R17E, MOM. Continue E to SW corner ofT31S, R18E, MOM.
Continue 5 along West side of R18E, MOM as it crosses into San
Bernardino Meridian numbering area and becomes R30W. Follow
the west side of R30W, SBM to the SW corner ofT9N, R30W, SBM.
Continue E along the south edge of T9N, SBM to the Santa
Barbara County and Ventura County boundary at that point whch
is the SW corner of Section 34.T9N, R24W, SBM, continue 5 along
the Ventura County line to that point which is the SW corner of
the SE quarter of Section 32, T7N, R24W, SBM. Continue E
along the south edge of T7N, SBM to the SE corner to T7N, R21W,
SBM. Continue N along East side of R21W, SBM to Ventura County
and Kern County boundary at the NE corner ofT8N, R21W.
Appendix II, Page 11.16
2011-9
EXHIBIT B
APPENDIX 11- FEDERAL WAGE DETERMINATION
Continue W along the Ventura County and Kern County boundary to
the SE corner ofT9N, R21W. Continue North along the East edge
of R21W, SBM to the NE corner ofT12N, R21W, SBM. Continue
West along the north edge of T12N, SBM to the SE corner of
132S, R21E, MOM. [T12N SBM is a think strip between Tl1N SBM
and 132S MOM]. Continue North along the East side of R21E, MOM
to the Kings County and Kern County border at the NE corner of
T25S, R21E, MOM, continue West along the Kings County and Kern
County Boundary until the intersection of San Luis Obispo
County. Continue west along the Kings County and San Luis
Obispo County boundary until the intersection with Monterey
County. Continue West along the Monterey County and San Luis
Obispo County boundary to the beginning point at the NW corner
of 125S, R16E, MOM.
$2.00 additional per hour for INYO and MONO Counties and the
Northern portion of SAN BERNAROINO County as defined below:
That area within the following Boundary: Begin at the
intersection of the northern boundary of Mono County and the
California state line at the point which is the center of
Section 17, nON, R22E, Mt. Oiablo Meridian. Continue S then
SE along the entire western boundary of Mono County, until it
reaches Inyo County at the point which is the NE corner of the
Western half of the NW quarter of Section 2, T8S, R29E, MOM.
Continue SSE along the entire western boundary of Inyo County,
until the intersection with Kern County at the point which is
the SW corner of the SE ~ of Section 32, T24S, R37E, MOM.
Continue E along the Inyo and Kern County boundary until the
intersection with San Bernardino County at that point which is
the SE corner of section 34, T24S, R40E, MOM. Continue E along
the Inyo and San Bernardino County boundary until the point
which is the NE corner of the Western half of the NW quarter of
Section 6, T25S, R42E, MOM. Continue S to that point which is
the SW corner of the NW quarter of Section 6, 127S, R42E, MOM.
Continue E in a straight line to the California and Nevada
state border at the point which is the NW corner of Section 1,
T17N, R14E, San Bernardino Meridian. Then continue NW along
the state line to the starting point, which is the center of
Section 18, nON, R22E, MOM.
REMAINING AREA NOT OEFINED ABOVE RECIEVES BASE RATE
ENGI0012-00408/01/2009
Appendix II, Page 11.17
EXHIBIT B
APPENDIX 11- FEDERAL WAGE DETERMINATION
Rates Fringes
OPERATOR: Power Equipment
(DREDGING)
(1) Leverman................$ 44.83
(2) Dredge dozer............$ 40.36
(3) Deckmate................$ 40.25
(4) Winch operator (stern
winch on dredge)............$ 39.70
(5) Fireman-Oiler,
Deckhand, Bargeman,
Leveehand...................$ 39.16
(6) Barge Mate..............$ 39.77
IRON0002-004 07/01/2010
Rates Fringes
Ironworkers:
Fence Erector...............$ 26.58
Ornamental, Reinforcing
and Structural..............$ 33.00
PREMIUM PAY:
17.22
17.22
17.22
17.22
17.22
17.22
15.26
23.73
$6.00 additional per hour at the following locations:
China Lake Naval Test Station, Chocolate Mountains Naval
Reserve-Niland,
Edwards AFB, Fort Irwin Military Station, Fort Irwin Training
Center-Goldstone, San Clemente Island, San Nicholas Island,
Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine
Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB
$4.00 additional per hour at the following locations:
Army Defense Language Institute - Monterey, Fallon Air Base,
Naval Post Graduate School - Monterey, Yermo Marine Corps
Logistics Center
$2.00 additional per hour at the following locations:
Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock
LAB00300-00l 09/01/2010
Rates Fringes
Appendix II, Page 11.18
2011-9
EXHIBIT B
APPENDIX II - FEDERAL WAGE DETERMINATION
Brick Tender.....................$ 27.17 14.72
LAB00300-003 07/01/2010
Rates Fringes
LABORER (GUNITE)
GROUP 1.....................$ 30.04 17.37
GROUP 2.....................$ 29.09 17.37
GROUP 3.....................$ 25.55 17.37
LABORER (TUNNEL)
GROUP 1.....................$ 31.24 14.98
GROUP 2.....................$ 31.56 14.98
GROUP 3.....................$ 32.02 14.98
GROUP 4.....................$ 32.71 14.98
LABORER
GROUP 1.....................$ 26.33 14.75
GROUP 2.....................$ 26.88 14.75
GROUP 3.....................$ 27.43 14.75
GROUP 4.....................$ 28.98 14.75
GROUP 5.....................$ 29.33 14.75
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
Appendix II, Page 11.19
EXHIBIT B
APPENDIX 11- FEDERAL WAGE DETERMINATION
clean-up; Laborer, landscaping; Laborer, jetting; Laborer,
temporary water and air lines; Material hose operator
(walls, slabs, floors and decks); Plugging, filling of shee
bolt holes; Dry packing of concrete; Railroad maintenance,
repair track person and road beds; Streetcar and railroad
construction track laborers; Rigging and signaling; Scaler;
Slip form raiser; Tar and mortar; Tool crib or tool house
laborer; Traffic control by any method; Window cleaner;
Wire mesh pulling - all concrete pouring operations
GROUP 2: Asphalt shoveler; Cement dumper (on 1 yd. or larger
mixer and handling bulk cement); Cesspool digger and
installer; Chucktender; Chute handler, pouring concrete,
the handling of the chute from readymix trucks, such as
walls, slabs, decks, floors, foundation, footings, curbs,
gutters and sidewalks; Concrete curer, impervious membrane
and form oiler; Cutting torch operator (demolition); Fine
grader, highways and street paving, airport, runways and
similar type heavy construction; Gas, oil and/or water
pipeline wrapper - pot tender and form person; Guinea
chaser; Headerboard person - asphalt; Laborer, packing rod
steel and pans; Membrane vapor barrier installer; Power
broom sweeper (small); Riprap stonepaver, placing stone or
wet sacked concrete; Roto scraper and tiller; Sandblaster
(pot tender); Septic tank digger and installer(lead); Tank
scaler and cleaner; Tree climber, faller, chain saw
operator, Pittsburgh chipper and similar type brush
shredder; Underground laborer, including caisson bellower
GROUP 3: Buggymobile person; Concrete cutting torch; Concrete
pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or
longer; Dri-pak-it machine; Gas, oil and/or water pipeline
wrapper, 6-in. pipe and over, by any method, inside and
out; High scaler (including drilling of same); Hydro seeder
and similar type; Impact wrench multi-plate; Kettle person,
pot person and workers applying asphalt, lay-kold,
creosote, lime caustic and similar type materials
("applying" means applying, dipping, brushing or handling
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,
Appendix II, Page 11.20
2011-9
EXHIBIT B
APPENDIX 11- FEDERAL WAGE DETERMINATION
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 Ibs. 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;
Change house person; Concrete crew, including rodder and
spreader; Dump person; Dump person (outside); Swam per
(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;
Appendix II, Page 11.21
EXHIBIT B
APPENDIX 11- FEDERAL WAGE DETERMINATION
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: Rodmen, Nozzlemen
GROUP 2: Gunmen
GROUP 3: Reboundmen
LAB00300-008 08/05/2009
Rates Fringes
LABORER
PLASTER CLEAN-UP LABORER....$ 26.65 14.70
PLASTER TENDER..............$ 29.20 14.70
Work at Military Bases - $3.00 additional per hour:
Coronado Naval Amphibious Base, Fort Irwin, Marine Corps Air
Station-29 Palms, Imperial Beach Naval Air Station, Marine
Corps Logistics Supply Base, Marine Corps Pickle Meadows,
Mountain Warfare Training Center, Naval Air
Facility-Seeley, North Island Naval Air Station, Vandenberg
AFB.
LAB00882-00201/01/2010
Rates Fringes
Asbestos Removal Laborer.........$ 26.15 14.25
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.
Appendix II, Page 11.22
..,
2011-9
EXHIBIT B
APPENDIX 11- FEDERAL WAGE DETERMINATION
LAB01184-001 07/01/2010
Rates Fringes
Laborers: (HORIZONTAL
DIRECTIONAL DRILLING)
(1) Drilling Crew Laborer...$ 27.05
(2) Vehicle Operator/Hauler.$ 27.22
(3) Horizontal Directional
Drill Operator..............$ 29.07
(4) Electronic Tracking
Locator.....................$ 31.07
Laborers: (STRIPING/SLURRY
SEAL)
GROUP 1.....................$ 28.50
GROUP 2.....................$ 29.80
GROUP 3.....................$ 31.81
GROUP 4.....................$ 33.55
11.65
11.65
11.65
11.65
14.56
14.56
14.56
14.56
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
Appendix II, Page 11.23
,..
EXHIBIT B
APPENDIX 11- FEDERAL WAGE DETERMINATION
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 08/01/2010
Rates Fringes
Painters: (Including Lead
Abatement)
(1) Repaint.................$ 26.05
(2) All Other Work..........$ 29.32
9.68
9.68
REPAINT of any previously painted structure. Exceptions:
work involving the aerospace industry, breweries,
commercial recreational facilities, hotels which operate
commercial establishments as part of hotel service, and
sports facilities.
PAIN0036-00801/06/2010
Rates Fringes
DRYWALL FINISHER/TAPER...........$ 33.22 12.19
PAIN0036-01508/01/2010
Rates Fringes
GLAZIER..........................$ 36.90 20.53
FOOTNOTE: Additional $1.25 per hour for work in a condor,
from the third (3rd) floor and up Additional $1.25 per
hour for work on the outside of the building from a swing
stage or any suspended contrivance, from the ground up
PAIN1247-00201/01/2010
Rates Fringes
SOFT FLOOR LAYER.................$ 30.85 10.54
PLAS0200-00808/04/201O
Rates Fringes
PLASTERER........................$ 30.21 14.23
Appendix II, Page 11.24
2011-9
EXHIBIT B
APPENDIX 11- FEDERAL WAGE DETERMINATION
FORT IRWIN; MARINE CORPS AIR STATION 29 PALMS, AND MARINE
CORPS LOGISTICS SUPPLY BASE: $3.00 additional per hour.
PLAS0500-002 07/01/2010
Rates Fringes
CEMENT MASON/CONCRETE FINISHER...$ 29.50 19.85
PLUM0016-00207/01/2009
Rates Fringes
PLUMBER, PIPEFITTER,
STEAMFITTER
(1) Work on strip malls,
light commercial, tenant
improvement and remodel
work........................$ 28.84
(2) Work on new additions
and remodeling of bars,
restaurants, stores and
commercial buildings, not
to exceed 5,000 sq. ft. of
floor space.................$ 35.97
(3) All other work..........$ 37.10
(4) Work at Edwards AFB....$ 41.60
(5) Work at Fort Irwin
Army Base, Marine Corps
Logistic Base at Nebo,
Marine Corps Logistic Base
at Yermo and Twenty-Nine
Palms Marine Base...........$ 44.10
14.47
15.86
16.84
16.84
16.84
PLUM0345-001 07/01/2009
Rates Fringes
PLUMBER
Landscape/Irrigation Fitter.$ 26.70
Sewer & Storm Drain Work....$ 25.18
13.84
15.67
ROOF0036-002 08/01/2010
Rates Fringes
ROOFER...........................$ 34.65 9.07
Appendix II, Page 11.25
EXHIBIT B
APPENDIX 11- FEDERAL WAGE DETERMINATION
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 $1.75 per
hour "pitch premium" pay.
SFCA0669-009 04/01/2010
Does not include the northern part of the City of Chino, or the
Cities of Montclair and Ontario
Rates Fringes
SPRINKLER FITTER.................$ 33.35 17.60
SFCA0709-00401/01/2010
THE NORTHERN PART OF THE CITY OF CHINO, AND THE CITIES OF
MONTCLAIR AND ONTARIO:
Rates Fringes
SPRINKLER FITTER (Fire}..........$ 39.08 21.95
SHEE0105-003 07/01/2010
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........................$ 42.54 17.72
(2) Industrial work
including air pollution
control systems, noise
abatement, hand rails,
guard rails, excluding
aritechtural sheet metal
work, excluding A-C,
heating, ventilating
Appendix II, Page 11.26
2011-9
EXHIBIT B
APPENDIX 11- FEDERAL WAGE DETERMINATION
systems for human comfort...$ 35.56 22.90
TEAMOOll-002 07/01/2008
Rates Fringes
TRUCK DRIVER
GROUP 1....................$ 26.44
GROUP 2....................$ 26.59
GROUP 3....................$ 26.72
GROUP 4....................$ 26.91
GROUP 5....................$ 26.94
GROUP 6....................$ 26.97
GROUP 7....................$ 27.22
GROUP 8....................$ 27.47
GROUP 9....................$ 27.67
GROUP 10....................$ 27.97
GROUP 11....................$ 28.47
GROUP 12....................$ 28.90
18.24
18.24
18.24
18.24
18.24
18.24
18.24
18.24
18.24
18.24
18.24
18.24
WORK ON ALL MILITARY BASES:
PREMIUM PAY: $3.00 per hour additional.
[29 palms Marine Base, Camp Roberts, China Lake, Edwards AFB,
EI Centro Naval Facility, Fort Irwin, Marine Corps
Logistics Base at Nebo & Yermo, Mountain Warfare Training
Center, Bridgeport, Point Arguello, Point Conception,
Vandenberg AFB]
TRUCK DRIVERS CLASSIFICATIONS
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 oftransit mix truck, under 3 yds.; Dumpcrete
truck, less than 6-1/2 yds. water level
GROUP 5: Water truck, 3 or more axles; Truck greaser and tire
person ($0.50 additional for tire person); Pipeline and
Appendix II, Page 11.27
EXHIBIT B
APPENDIX 11- FEDERAL WAGE DETERMINATION
utility working truck driver, including winch truck and
plastic fusion, limited to pipeline and utility work;
Slurry truck driver
GROUP 6: Transit mix truck, 3 yds. or more; Dumpcrete truck,
6-1/2 yds. water level and over; Vehicle or combination of
vehicles - 4 or more axles; Oil spreader truck; Dump truck,
16 yds. to 25 yds. water level
GROUP 7: A Frame, Swedish crane or similar; Forklift driver;
Ross carrier driver
GROUP 8: Dump truck, 25 yds. to 49 yds. water level; Truck
repair person; Water pull - single engine; Welder
GROUP 9: Truck repair person/welder; Low bed driver, 9 axles
or over
GROUP 10: Dump truck - 50 yds. or more water level; Water
pull - single engine with attachment
GROUP 11: Water pull - twin engine; Water pull - twin engine
with attachments; Winch truck driver - $1.25 additional
when operating winch or similar special attachments
GROUP 12: Boom Truck 17K and above
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
----------------------------------------------------------------
----------------------------------------------------------------
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
Appendix II, Page 11.28
2011-9
EXHIBIT B
APPENDIX 11- FEDERAL WAGE DETERMINATION
1.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
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
Appendix II, Page 11.29
EXHIBIT B
APPENDIX 11- FEDERAL WAGE DETERMINATION
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
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END OF GENERAL DECISION
Appendix II, Page 11.30