HomeMy WebLinkAbout12-Facilities Management
From:
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Subject:
Resolution authorizing execution of an Agreement for
Services and issuance of a Purchase Order to Modular
Space Corporation, for Public Services Modular
Building and Related Equipment in the City of San
Bernardino per RFQ # F-09-10.
James Sharer, Director
Dept:
Facilities Management
Date:
4/27/09
ORIGINAL
MlCC Meetin~ Date:
May 18,2009
Synopsis of Previous Council Action:
None
Recommended Motion:
Adopt Resolution
Contact person: James Sharer
"- ?~A ~ ;?
~ James Sharer .
Director of Facilities Management
Phone: 384-5244
Supporting data attached: Staff Report, Resolution
Ward(s):
FUNDING REQUIREMENTS:
Amount: $311,226
(for this action)
Source: :
FY 09/1 0 Refuse
Budget
Barbara Pachon
Director of Finance
Council Notes:
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CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT
Resolution authorizing execution of an Agreement for Services and issuance of a
Purchase Order to Modular Space Corporation, for Public Services Modular Building
and Related Equipment in the City of San Bernardino per RFQ # F-09-1 O.
BACKGROUND
Public Services Department is currently located on the fourth floor of City Hall and at
the City Yards. With the purchase and construction of the new modular building the
entire department can be located in close proximity, all on the yard's property. The
purchase of the modular building will also allow the Public Service Department,
Integrated Waste Management Division to streamline its operation by bringing its
customer service section and its collection operation personnel into one office
location. This will not only improve communication between the groups, but will
allow for effective use of personnel, materials, and resources. The building will serve
as a central point for administration and supervision of all Integrated Waste
Management programs and operations. The relocation of the Public Services
Department will make space in City Hall for other departments to reduce crowding.
The modular building will be 4,320 square feet of modem office space, with ten
offices, cubical arrangements and two conference rooms. The front of the office will
have a public counter for refuse customer service. The back of the building will have
roll up doors for the operator dispatch office to dispense route sheets and materials. A
portion of the space will be dedicated to bill processing and printing.
The RFQ for the Public Services Modular Building and Related Equipment project
was advertised in the San Bernardino County Sun Newspaper on February 10,2009. It
was posted on the City web site, given to the Chamber of Commerce and faxed
directly to seven vendors. Research found no modular building vendors located in the
City of San Bernardino.
The City received responsive bids from eight (8) firms to provide the Public Services
Modular Building and Related Equipment request. City staff has reviewed the bids
and has determined that Modular Space Corporation is the lowest responsible bidder
for the project. Staff has confirmed the contractor's license and references.
Name of Bidder City Base Bid
Modular Space Corporation Fontana $282,933
Pacific Mobile Riverside $305,350
Atlas Performance Santa Maria $319,097
Design Space Fontana $326,758
William Scotsman Santa Fe Springs $331,722
Pac-Van Bakersfield $357,377
Profile Structure Santa Fe Springs $429,400
I Cal PIA
I Folsom
$768,643
Staff also acknowledges that various unforeseen conditions may arise in this project. A
contingency budget of percent (10%) is requested at this time.
Project bid:
Contingency (10%)
Total project budget
$ 282,933.00
$ 28,293.00
$ 311 ,226.00
The total cost for this project IS estimated at $311,226.00 for construction with
contingency.
Staff recommends issuance of a Purchase Order and execution of an Agreement for
Services with Modular Space Corporation, for the amount of $282,933.00 with a 10%
contingency of $29,293.00 to cover unforeseen conditions, making the total
construction purchase order $311,226.00.
The construction is scheduled to begin July 2009, taking four months to complete the
building construction, delivery, set-up, and inspections. After the set-up the Public
Services Department employees will connect the utilities and construct the building
access ramps and stairs. The furniture will be going out to bid next month, for delivery
in early November. The move in of personnel, equipment and materials is scheduled
for late November 2009.
FINANCIAL IMPACT
The total amount to be awarded to Modular Space Corporation for the modular
building project is not-to-exceed $311 ,226. Funding is available in Public Services
FY 09/1 0 Refuse Budget.
RECOMMENDATION
Adopt Resolution
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN
AGREEMENT FOR SERVICES AND ISSUANCE OF A PURCHASE ORDER
TO MODULAR SPACE CORPORATION, FOR PUBLIC SERVICES
MODULAR BUILDING AND RELATED EQUIPMENT IN THE CITY OF
SAN BERNARDINO PER RFQ # F-09-1O.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Modular Space Corporation is the lowest responsible bidder for Public
Services Modular Building and Related Equipment in the City of San Bernardino per
RFQ # F-09-10. A contract is awarded accordingly to said Contractor in a total amount
of $282,933.00 with a contingency of $28,293.00. Such award shall be effective only
upon said contract being fully executed by both parties. The Common Council hereby
authorizes the City Manager to execute on behalf of the City an Agreement for
Services; a copy of the Agreement is on file in the City Clerk' s Office, and is
incorporated herein. The Purchasing Manager is hereby authorized and directed to
issue a purchase order which references this Resolution to said Contractor in the
amount of$282,933.00.
SECTION 2. Any amendment or modification thereto shall not take effect or become
operative until fully signed and executed by the parties and no party shall be obligated
hereunder until the time of such full execution. No oral agreements. amendments,
modifications or waivers are intended or authorized and shall not be implied from any
act or course of conduct of any party. This resolution is rescinded if the parties to the
contract fail to execute it within sixty (60) days of the passage of this resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN
AGREEMENT FOR SERVICES AND ISSUANCE OF A PURCHASE ORDER
TO MODULAR SPACE CORPORATION, FOR PUBLIC SERVICES
MODULAR BUILDING AND RELATED EQUIPMENT IN THE CITY OF
SAN BERNARDINO PER RFQ # F-09-1O.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a
meeting thereof, held on the day of , 2009, by the
following vote, to wit:
Council Members:
ABSTAIN
ABSENT
AYES
NAYS
ESTRADA
BAXTER
BRINKER
SHORETT
KELLEY
JOHNSON
McCAMMACK
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
day of
,2009.
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to form:
,~
es F. Penman, City Attorney
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BID AND CONTRACT DOCUMENTS
For
RFQ F-09-10
THE MANUFACTURE. DELIVERY AND INSTALLATION OF
Public Services Modular Building
City of San Bernardino
Facilities Management Department
May 18, 2009
San Bernar Ino
SM
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Addendum #3 RFQ F-09-1 0
San Bernar l'no
SM
March 16, 2009
ADDENDUM #3
TO
Request for Quotation (RFQ) F-G9.10
Modular Buildings & Related Equipment
Notice is hereby given that the following changes, additions, deletions, or clarifications
are incorporated as an Addendum to the Request for Quotation (RFQ) F-09-10.
Please note this change to Section 3.3.21 Heating, Ventilation, and Air Conditioning.
All units shall be 230/208 volt, three (3) phase system, US approved
or comparable to meet current energy standards.
1. Spec section 1.3 Applicable Documents (pages 9-10) mentions "the latest issue
adopted by the State of California: DOH/HCD, CBC, UBC, UMC, UPC, NEC, CEC &
Title 24". DOH/HCD will only review and approve plans to 1991 UBC, UMC, 1993
NEe, 1986 ANSI. Please clarify the code requirements.
HCS 18028 -1991 UBC; 1993 NEC; 1991 UPC; CCR Title 25, Chap. 3,
Subchap. 2, Art.1; 1989 Model Energy Code.
2. Is Title 24 (for thermal envelope & lighting) required?
Yes.
3. Does the building have to be modularized as shown on the site plan RFQ F-09-10
Exhibit A (six 12x60 modules)? Or can the building be composed of other sized
modules?
Yes.
4. Need some more site dimension information.
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Addendum #3 RFQ F-09-1O
A. What is the occupancy of the "40x150 Existing Steel Building" to the East of
proposed building location?
Occupancy.
B. What is the dimension from the proposed building to the "40x150 Existing Steel
Building"? Where is the assumed property line between the two structures?
20' from the existing. 10' from each.
C. Where is the property line to the North of the proposed building? What is the
distance from the North wall of the proposed building to the property line?
5' south of the property line/fence line.
5. Are the restrooms to be single occupant or multi-user? If multi-user, how many
fixtures per restroom?
The restrooms are multi-user.
Women's = 1 ADA + 2 standard toilets, 1 ADA +1 standard wall mount
sinks.
Men's = 1 ADA + 1 standard toilets, 1 urinal, 1 ADA +1 standard wall
mount sinks.
. 6. Spec section 3.4 Siding states in one paragraph "PS Siding shall be 19/32
(minimum) thick...." And then in the next paragraph states "Sliding shall be: 7/16"
min. Taiga Smart Panel........: Is 7/16 LP Smart Panel siding acceptable?
No.
7. What is the desired exterior window size?
Low E, 3' x 4' nominal sliding windows with screen,
8. Electrical- single phase or three phase?
Three phase.
9. Is Mannington Multi Fleck sheet vinyl an acceptable alternate to Armstrong
"Brigantine" Corlon?
The City is requiring Hospital grade vinyl with welded seams and 5"
cove.
10. Base on the specification there were several floor finished (carpet/vet/resilient sheet
vinyl) that is needed in the modular building. Please provide identification on what
type of floor finishes per room description.
Number 16 on Addendum #1
11. Does the City of San Bernardino require that the bidder carry a modular dealer's
license?
Yes.
12. Please provide quantity of boxes for voice and date per room descriptions?
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Addendum #3 RFQ F-09-10
1 voice & 1 data box with conduit to the ceiling per office or cubical.
3 voice & 3 data boxes and conduit to the ceiling in the conference
room.
13. How many empty boxes with conduit and pull string are required for Fire Alarms?
None.
14.ls the roll up door for the cashier window automatic or manual?
There is no roll-up door for the cashier window, however, there are
two (2) roll-up doors in the dispatch area and they are manual. These
are to be locking metal roll-up doors for exterior use.
15. On the building floor plan it shows that there is coffee bar/drinking fountain. What is
the contractor to provide countertop only or drinking fountain with countertop?
10' x 18"h x 12"d upper and 10' x 34" x 24" lower cabinets with a
sink, faucet, and connections for a coffee maker.
16.lt was mention on the Pre-bid meeting that the single line dimension are for cubicles
only and is not included on this bid, we should only concentrate on the double line
for the walls correct?
Single line work is for furniture and cubicles; the double line work is
for the walls to be built.
17. Contractor for this project is to supply modular building, install with skirting only; the
owner will supply the entire wet/dry utilities to the building and make the final
connections, furnish and install ramp/deck. Correct?
The vender for this project is to supply modular building, as stated in
the specifications, installation of skirting is included. The City will
connect the utilities to the building at the termination points.
Installation of ramps and decks will be completed by the City.
18. Who is responsible on providing the condensate drain for the project?
The vender shall provide the condensate drain line run inside the
wall.
19. Does the client have any type of schedule for NTP, construction, and occupancy?
The City will issue Notice to Proceed after the City Council approves
the contract. The City plans occupancy 3 months after the NTP is
issued.
20. Is there an allocated approved budget for this project? Is so, what is the approved
budget?
The Engineer's Estimate is $250,000 to 350,000.
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Addendum #3 RFQ F-09-1O
21. Because the building will have greater than 30 occupants, does this building need to
have rated corridor? If not, then does the building require fire sprinkler system?
No rated corridor. No fire sprinkler system.
22. What occupancy will this building be?
B occupancy.
23. HCD (housing community development) does NOT require and plan check for Title
24 for modular building, who will be approving the drawings and calculation for Title
24?
Vender shall install R-13 insulation in the walls and R-30 in the
ceiling.
24. Please clarify code requirement. HCD doesn't recognize many of the items noted.
They are a title 25 and '91 UBC compliant division. (1.3) and if the building will be
approved by HCD and then the other code does not apply. Please clarify on what
code to follow?
The vender shall follow the HCD Title 25 Code.
25. Title 25 chapter 3 does not pertain to energy conservation. Is this a typo? (3.3.27)
Yes.
26. On Addendum #1 VCT to be installed on public areas, sheet vinyl at restroom and
the rest will be carpet. How about the coffee bar/drinking fountain? This is a wet
area, will this be carpet? If this will receive VCT please provide separation line
between VCT and Carpet.
This area shall remain carpeted.
27.At Dispatch area; what type of Exterior and Interior is the window and roll up screen?
Is the roll up screen at dispatch automatic or manual? On your detail for Roll up
Window it shows that the roll up window does NOT require any type of glazing
behind it, is this correct?
The two (2) roll-up doors in the dispatch area are manual. These are
to be locking 16 gage metal roll-up doors for exterior use. There is no
glazing required.
28. How many points of connection you need to provide for the electrical, water, sewer
and gas that are going to hook-up. Normally multiple points are provided, such as
six electrical load centers (one per module) and we would stub the plumbing through
the floor only at each fixture. Is this acceptable?
The vender shall provide six electrical load centers (one per module).
All other utilities shall have only one connection point.
29. Confirm that the Building Permit will be no cost to the modular contractor.
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Addendum #3 RFQ F-09-10
There will be a no cost City Building permit issued, all other agencies
the vender shall provide permit at the venders cost.
30. Confirm that the City will remove and replace all obstructions necessary to
accommodate the trailer delivery/placement via truck.
The City will remove the fence, other materials and the small trees if
required. The large tree and the utilities will remain.
31.ls there a desired restroom layout indicating the quantity of fixtures for the Men's and
Women's?
The vender shall provide the layout (ADA compliant) the City will
approve layout.
32. What type of electrical accommodations is required for the modular furniture?
The electrical shall be run in the wall with normal outlets, there shall
be a separate 20 AMP circuit for every 2 work stations.
33. Define the "Renovated Construction" parameters for used buildings.
The original construction must be year 2000 or newer. There must be
a full warranty offered by the manufacture. The modules must fit
together as a single planned unit. The remainder of the building must
be as specified.
34. See attached: Revised floor plan, dated 03/11/09 (page 6.)
35. Bid Due Date: changed from March 17, 2009 to: March 24. 2009 at 3:00 PM. PST
(see bid package for complete details.)
Sincerely,
Deborah R. Morrow, C.P.M., MPA
Purchasing Division
The due date for all questions has ended. Additional questions regarding this
RFQ, will not be accepted.
NO EXCEPTIONS.
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Proposed Integrated Waste
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Scale:
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.
RFQ F-09-IO
San Bernar I'no
OM
March 10,2009
ADDENDUM #2
TO
Request for Quotation (RFQ) F'()9-10
Modular Buildings & Related Equipment
Notice is hereby given that the following changes, additions, deletions, or clarifications
are incorporated as an Addendum to the Request for Quotation (RFQ) F-09-10.
.L Addendum #3 (with the remaining questions and answers) will be posted by close
of business: March 17. 2009.
2, Bid Due Date has been changed from: March 17, 2009 at 3:00 PM, PST to: March
24. 2009 at 3:00 PM. PST
Please check our website www.sbcitv,org daily for updates. The due date for all
questions has ended. Additional questions regarding this RFQ, will not be
accepted.
NO EXCEPTIONS.
Sincerely,
Deborah R. Morrow, CP.M., MPA
Purchasing Division
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RFQ F-09-1O
San Bernar l'no
s.
March 3, 2009
ADDENDUM #1
TO
Request for Quotation (RFQ) F-09-10
Modular Buildings & Related Equipment
Notice is hereby given that the following changes, additions, deletions, or clarifications
are incorporated as an Addendum to the Request for Quotation (RFQ) F-09-10,
GENERAL:
1. Does the City prefer to purchase new or used modulars? The City will
purchase new or used modular buildings. If used, they must meet current
codes and be model year 2000 or newer.
2. Is this project for site work related to installation of modulars or the
modular buildings themselves? Both, prevailing wage is for all work done
on City property.
3. What is the estimated budget, completion time and liquidated damages.
for the project? $250,000 - $350,000, 3 months after award of the project,
and liquidated damages are $200 per day,
4. Are contractor's allowed to propose alternate bids if our specs vary
slightly? Bid to technical specs in the City's bid document. Proposed
alternative bids may be rejected as non-responsive.
5. Is there an Architect and/or Engineer working on this project? No
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RFQ F-09-IO
LICENSE I PERMITS I PLANS:
6. Is a Modular Dealer's License required for this project? Yes
7. What department will handle the Submittal Process? Facilities
Management Department.
8. Is there any cost to obtain plans, specs or bid documents? There are no
plans for this project, and no cost to obtain bid documents. Bid documents
may be downloaded, picked-up at our office or mailed to you.
9. Are building and foundation plans needed from the Contractor? Yes, this
will be part of the submittals as the project proceeds.
UTILITIES:
10. Will the contractor be responsible for tie down of the utilities? No, the
City will determine the utility connection placement.
11. Where will the utilities be located? All utilities will be at the East Side of
the building (back of modular), front of modular building will face west on
Pershing Street.
12. Is the Contractor responsible for calling Dig-Alert? The City will have all
utilities marked by Underground Service Alert prior to delivery and
installation of modulars.
MATERIALS:
13. Will the City need to remove existing asphalt prior to modular
installation? No asphalt will be removed from this site. The new building will
be placed on existing asphalt.
14. Are the materials for the counter top/pass-through specified? Formica
(or equal) laminate counter top on all counters. Style to be determined.
15. Your floor plan does not show the fixture layout for the restrooms. How
many fixtures do you want in each restroom? Three (3) in each and one (1)
handicapped stall.
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RFQ F-09-10
16. Tech Spec Page 17, item 3.319 Floor Covering and Base: VCT,
carpeting and sheet vinyl is listed, but which rooms get which type of
flooring? Sheet vinyl in the restrooms, VCT in the public entrance &
dispatch area, and carpet elsewhere.
17. Tech Specs page 19, item 3.3.25 Fire Alarm - "where required." Who is
responsible for the fire alarms? The Fire Marshall does not require fire
alarms and sprinklers.
18. Exhibit B - Floor Plan shows a 2'x10' coffee bar/drink fountain. Is this to
be furnished by the Contractor? If yes, please provide details. To be
furnished by Contractor, details to follow on next Addendum.
19. Exhibit E - West Elevation shows three windows, but the floor plan has
only two. Also shows double doors, but the floor plan has a single door.
Please clarify. The floor plan takes precedent.
COMMENTS:
The front doors and public entrance will face Pershing Street
Threshold entrance height approx. 3' (three feet), 36" (thirty-six inch) ramp;
building can be adjusted to fit.
Building will be placed 5' (five feet) from the north fence line.
Exterior colors to be determined prior to build. Will be painted off-site at
Contractor's facility and matched touch-up when installed on City property.
Prevailing Wage or Davis-Bacon (whichever is highest), while working on
City property. Certified payroll will be required.
The City will provide the followina materials. items or services:
Utilities - City will connect to Contractor's point;
exterior ramp;
landscape;
communication networks;
remove all fences;
exit door steps & pad;
temporary fencing to keep the public out during construction.
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RFQ F-09-10
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February 10, 2009
SUBJECT: REQUEST FOR BIDS (RFQI F.09-10
The City of San Bernardino (City) invites Bids from qualified vendors for:
Modular Buildings and Related Equipment
Parties interested in obtaining a copy of this RFQ F-09-10 may do so by accessing the City of
San Bernardino Web Page at www.sbcitv.ora > Request for Bids> City Finance> beginning
February 10, 2009, or by faxing their request to (909) 384-5043, attention Deborah R. Morrow.
Please include the following information in your request: name and address of firm; name,
telephone and facsimile number of contact person; specify RFQ F-09-10.
Copies of the RFQ may also be obtained by calling Deborah R. Morrow at (909) 384-5086,
Sylvia at (909) 384-5348, or in person at City Hall, 300 N. "0" St., 4th floor Finance Department
(909) 384-5348, San Bernardino, CA.
For the work to be completed on City property, the prime contractor and all subcontractors are
required to pay their laborers and mechanics employed under this Contract, a wage not less
than minimum wage classification, as specified in both the Federal and State Wage Decision
when the Contract amount for the Prime Contract exceeds $2,000. The higher of the two
applicable wage classifications, either State Prevailing Wage or Davis-Bacon Federal
Prevailing Wage, will be enforced for all work under this Contract. The prime contractor is
responsible. for ensuring subcontractor compliance with Davis-Bacon and related Act
Requirements. The Federal labor Standards Provisions (HUD 4010) apply to this project.
Pre-Bid Conference & Job Walk: February 24,2009 at 10:00 AM at San Bernardino City Hall,
300 N "0" Street, 4th Floor Finance, San Bernardino CA 92418. Then proceed to actual job
site. Late arrivals witt not be accepted.
Bid Bond Requirement: BID BOND. The Contracto"r will be required to furnish a cashier's
check, certified check or faithful performance bond made payable to the City of San Bemardino
in an amount equal to 10% of the Bid price to insure the CONTRACTOR'S will not withdraw the
bid. Upon award CONTRACTOR will be required to furnish a 100% of the bid price as a
FAITHFll PERFORMANCE BOND to insure faithful performance of this contract.
Closing Date: Bids must be submitted at or before 3:00 PM, PST, March 17, 2009, at the
address listed above.
Issuance of this RFQ and/or receipt of Bids does not commit City to award a contract.
Deborah R. Morrow
Purchasing Manager
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RFQF-09-10
SECTION I.
GENERAL INSTRUCTIONS
TO
CONTRACTOR(S)
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RFQ F.09-I()
City of San Bernardino, Finance Department
Purchasing Division
Bid Documents to Be Returned bv Prosoective Contractor
RFQ F~2-~~
MODULAR BUILDINGS & RELATED EQUIPMENT
CODY of Contractor License III Bid Content and Fenno, General Specltlcatlon #35,lnstructions to Of!eror(s)
I BiGders
Bidder Experience, Competency, Qualification and Profile (Vendor Document) III
Bid I Bid Contenl Fonno
References III Bid Content and Forms
Non-Gollusion Affidavit (City Form) Instruellons to 0ffer0r(s)1 Bidders
Listing of Proposed Subcontractor (City Form) III Bid I Bid Contenl and Forms
Price Form (City Form) Instrudions to Bidders, III Bid Content and Forms
Bid Bond (10%) I Form (City Form) GenelalSpeciticatlonsl32, BidCGnteolland Forms
Authorized Signatures Instrucllons to Bidders
Bidder Identification nl Bid Content and Forms
Addendum Received III Bid Content and Fonns
90 Day Bid Validity Statement III Bid Content and Forms
Performance Bond (100% after the award) rvGenenllS~"
Prooer Identification and Submittal of Proposal/Bid Package. and Price Form
(nstnlellons to Blclders
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Bidders are reauested to submit this checklist completed with all bid documents.
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D.
RFQ F-09-10
I. GENERAL INSTRUCTIONS
A.
Pre-Bid Meetina
Pre-Bid Conference & Job Walk: February 24, 2009 at 10:00 AM at San
Bernardino City Hall, 300 N "0" Street, 4th Floor Finance, San Bernardino CA
92418. Then proceed to actual job site. Late arrivals will not be accepted.
B.
Examination of Bid Documents
1. By submitting a Bid, the Contractor represents that it has thoroughly
examined and become familiar with the items required under this RFQ
and that it is capable of quality performance to achieve the CITY"S
objectives.
2. The City reserves the right to remove from its mailing list for future RFQs,
for an undetermined period of time, the name of any Contractor for failure
to accept a contract, failure to respond to two (2) consecutive RFQs
and/or unsatisfactory performance. Please note that a "No Bid" is
considered a response.
C.
Addenda
Any City changes to the requirements will be made by written addendum to this
RFQ. Any written addenda issued pertaining to this RFQ shall be incorporated
into the terms and conditions of any resulting Purchase Order. The City will not
be bound to any modifications to or deviations from the requirements set forth in
this RFQ as the result of oral instruction.
Clarifications
1. Examination of Documents
Should a Contractor require clarifications of this RFQ, the Contractor shall
notify the City in writing in accordance with Section D.2 below. Should it
be found that the point in question is not clearly and fully set forth, the City
will issue a written addendum clarifying the matter which will be sent to all
persons who have requested the RFQ.
2. Submittina Reauests
a. With the exception of oral questions asked at any Job Walk or Pre-
Bid Conference, all questions, clarifications or comments shall be
put in writing and must be received by the City no later than March
3. 2009 and be addressed as follows:
City of San Bernardino
300 North "0" Street
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RFQ F-09-10
4th floor, Attn: Deborah R. Morrow
San Bernardino, CA 92418
b. The exterior envelope, fax transmissions, or emails of all requests
for clarifications, questions and comments must be clearly labeled,
"Not an Offer." The City is not responsible for failure to respond to
a request that has not been labeled as such.
The City will also accept questions sent by facsimile machines or
email; however, all faxed or emailed questions must be received by
the City no later than 5:00 PM, PST, March 3, 2009. Send facsimile
transmissions to (909) 384-5043, attention Deborah R. Morrow,
and emails sent to morrow_de@sbcity.org.
c. Inquiries received after March 3, 2009 will not be accepted.
3. City Responses
Responses from the City will be communicated in writing to all recipients
of this RFQ, and may be faxed, postmarked, or posted to our website,
www.sbcitv.org by the close of business March 10, 2009.
E.
Submission of Bids
1. Date and Time
All Bids are to be submitted to City of San Bernardino, Attention: Deborah
R. Morrow. Bids received after 3:00 PM PST, March 17. 2009, will be
rejected by the City as. non-responsive.
2. Address
Bids shall be addressed as follows:
City of San Bernardino
Finance Department
300 N. "0" Street, 4th floor
San Bernardino, CA 92418.
Bids may be delivered in person to the Purchasing Department, 4th floor
of the above address.
3. Identification of Bids
Contractor shall submit a SEALED Bid package consisting of:
a) one (1) signed original of Bid and Price Form
and
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G.
H.
RFQF-09-10
b) four (4) copies of each
The Bid package shall be addressed as shown above, bearing the
Contractor name and address and clearly marked as follows:
"RFQ F.Q9-10:
"Modular Buildings and Related Equipment"
4. Acceptance of Bids
a. The City reserves the right to accept or reject any and all Bids, or
any item or part thereof, or to waive any informalities or
irregularities in Bids.
b. The City reserves the right to withdraw this RFO at any time without
prior notice and the City makes no representations that any
contract will be awarded to any Contractor responding to this RFO.
c. The City reserves the right to postpone Bid opening for its own
convenience.
F.
Pre..contractual Expenses
Pre-contractual expenses are defined as expenses incurred by the Contractor in:
1. preparing its Bid in response to this RFO;
2. submitting that Bid to City;
3. negotiating with City any matter related to this Bid; or
4. any other expenses incurred by the Contractor prior to date of award, if
any, of the Agreement.
The City shall not, in any event, be liable for any pre-contractual expenses
incurred by Contractor in the preparation of its Bid. Contractor shall not include
any such expenses as part of its Bid.
Contract Award
Issuance of this RFO and receipt of Bids does not commit the City to award a
Purchase Order. The City reserves the right to postpone Bid opening for its own
convenience, to accept or reject any or all Bids received in response to this RFO,
and to negotiate with other than the selected Contractor should negotiations with
the selected Contractor be terminated. The City also reserves the riaht to
apportion the award amona two or more CONTRACTORS.
Acceptance of Order
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RFQ F-09-10
The successful Contractor will be required to accept a Purchase Order in
accordance with and including as a part thereof the published Request for Bids,
and the RFQ documents including all requirements, conditions and specifications
contained therein, with no exceptions other than those specifically listed in the
written purchase order. .
I. Business License
The CITY'S Business Ordinance requires that a Business doing business
with the City, obtain and maintain a valid City Business Registration Certificate
during the terms of the Agreement. Bidder agrees to obtain such Certificate prior
to undertaking any work under this Agreement.
J. Local Vendor Preference
The City of San Bernardino gives any formal or informal bid submitted by a local
bidder a one percent (1 %) credit for goods and materials, where labor and/or
installation is incidental; and a five percent (5%) credit on Contractual services,
for comparison purposes with other bidders, as authorized in the San Bernardino
Municipal Code Section 3.04.125, and Executive Order 2003-1, respectively.
For the purposes of this section, "local bidders. shall be bidders for which the point
of sale of the goods or materials shall be within the City of San Bernardino.
K. Contractor shall indemnify, defend and hold City, its officers, employees and
agents harmless from any claim, demand, liability, suit, judgement or expense
(including, without limitation, reasonable costs of defense) arising out of or related
to CONTRACTOR'S performance of this agreement, except that such duty to
indemnify, defend and hold harmless shall not apply where injury to person or
property is caused by CITY'S willful misconduct or sole negligence. The costs,
salary and expenses of the CITY Attorney and members of his office in enforcing
the Agreement on behalf of the City shall be considered as "attorney fees" for the
purposes of this paragraph.
L. While not restricting or limiting the foregoing, during the term of this Agreement,
Contractor shall maintain in effect policies of comprehensive public, general, and
automobile liability insurance, in the amount of $1,000,000 combined single limit,
and statutory worker's compensation coverage, and shall file copies of said
policies with the CITY'S Risk Division prior to undertaking any work under this
Agreement. The policies shall name the City as an additional insured and shall
provide for a ten (10) day notification to the City if said policies are terminated or
materially altered.
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S1* a c.lNomia
1\.__ CONTflACTOflS srATE LIO~ BOARD.
Y\-' AC1lYi LlClNIE
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_.._ MODULAR SPACE CORPORATION
....-- 05131/2009
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12:17:39 p.m.
04-21-2009
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ModSpace
Relevant Experience and Company Overview:
Modular Space Corporation (ModS pace) is the largest national supplier of permanent
component construction and temporary mobile and modular space in North America.
Headquartered in Berwyn, Pennsylvania, ModSpace is currently approaching its 40th yea, vi
business. Our extensive branch network includes over 100 sales and service branch offices and
over 850 employees.
ModSpace has completed major modular building projects and related services for many
prestigious clients including Pfizer, Boeing, Eli Lilly, General Motors, and Motorola. We
combine a wealth of major project management expertise with a project management process
designed to exceed the expectations of the most demanding clients.
Our primary focus is to deliver quality and value to our customers. We have the organizational
structure necessary to manage your project from the initial program and design phase to final
key delivery. Each branch location is equipped with a dedicated team of sales and operational
profeSSionals who develOp projects, manage installations, and provide warranty service within
each branch location.
In addition to the strength of our team, ModSpace has a documented custom project prOcess
that provides the guidelines and requirements for all phases of a project. We will provide a full-
time dedicated site supervisor, who would coordinate all phases of construction, with the
requirement of delivering a project on time and on budget. A satisfied customer is our primary
objective.
In addition to providing you a building, ModSpace can also provide your furniture, site services,
fire sprinklers and alarm, security systems, sanitary services, and maintenance.
Finally, Modular Space offers you the ultimate in convenience. Only ModSpace solutions can
bring you everything you need for turnkey solutions including financial and insurance options.
From revolutionary building solutions, vast resources and financial strength ModSpace is
confident that we can meet your project needs and exceed your expectations.
ModSpace Corporation
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SECTION II.
TECHNICAL SPECIFICATIONS
8
RFQ F-09-IO
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RFQ F-09-IO
TECHNICAL SPECIFICATIONS
For HCD Approved Products
RFQ F"()9-10
MODULAR BUILDINGS AND RELATED EQUIPMENT
1.0 SCOPE
These specifications describe prefabricated, Modular, clear span buildings. The
building unit(s) shall be erected on assigned site(s) complete and ready for use.
All costs for transportation and installation at the site are to be included in the bid
price per the conditions of the Contract.
1.1 NOT IN CONSTRUCTION INSTALLATION AGREEMENT/PROVIDED BY
CITY
Utility Service
The electrical service connection and plumbing connection(s) to the building will
be supplied by others, unless otherwise specified in the Contract.
Site Preparation
The site will be cleared and graded to within six inches (6") of level grade for the
building. Site will have a minimum soil bearing capacity of 1,000 PSF. The
CONTRACTOR will be provided unobstructed delivery access to the location of
each building.
1.2 DEFINITIONS
APPROVAL-When the word approval appears, it shall indicate that the CITY has
reviewed the specified plans and/or materials and has certified compliance with
these specifications.
CONTRACTOR- the Company responsible for performance of the terms of the
contract issued by THE CITY.
MANUFACTURER- the Company who manufactures the modules.
HCD- Department of Housing and Community Development, State of California
INSPECTOR or INSPECTOR of RECORD- A local building inspector of private
building inspector employed by the City to insure that the plans. specifications
and applicable codes of the contract are adhered to.
1.3 APPLICABLE DOCUMENTS
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RFQF-09-10
The following documents shall be the latest issue as adopted by the State of
California at the time of the bid opening, and shall form a part of this
specification to the extent they are applicable.
California Administrative Code (CAC)
Title 5 Title 19 Public Safety
Title 20 Public Utilities
Title 21 Public Works
Title 24 Building Code
Title 25 HCD
American Welding Society- Standard Qualification Procedures
American Wood Preservative Association
National Fire Protection Association NFPA 90A
ASHRAE
Uniform Building Code
Uniform Mechanical Code
Uniform Plumbing Code
National Electric Code
California Electrical Code
California Building Code, Title 24, including California Energy Code
ASTM C 635- Metal Suspension Systems for Acoustical Tile and Lay-in Panel
Ceilings
2.1 GENERAL REQUIREMENTS
2.11 Bid Submittals
New Construction or Renovated Construction
For new construction, drawings are required to be submitted by the
CONTRACTOR to the CITY within 20 days of award/purchase order.
2.1.2 Inspection
Inspection of prefabricated buildings is divi<;led into two (2) separate functions:
(1) in-plant inspection and (2) on-site inspection.
THE CITY, at the CITY"S discretion, shall retain inspectors. THE
CONTRACTOR shall notify the CITY and the designated inspectors at least
forty-eight (48) hours prior to commencing work. The manufacturer shall provide
the inspector with full access to all plant operations involving work under this
contract and shall advise the inspector in advance of the time and place when
operations the inspector wants to observe take place.
On-site inspection shall be done by the CITY"S site inspector. All work which the
CONTRACTOR or his SUBCONTRACTORs perform at the site shall be subject
to the inspection of the site inspector. The CONTRACTOR will furnish the site
inspector with such information as may be necessary to keep him fully informed
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RFQ F-09-10
as to progress of work and dates when site work will occur. The CONTRACTOR
shall notify the CITY at least forty-eight (48) hours prior to commencing on-site
work. .
2.2 Coordination of Work
All site conditions not under CONTRACTOR'S direct control are to be the
CITY"S responsibility.
It shall be the CONTRACTOR'S responsibility to make all necessary
arrangements with the CITY"S authorized representative for access to grounds
and removal of equipment, if necessary. This contact shall be made at least
twenty-four (24) hours prior to delivery of any module.
The CONTRACTOR shall verify that the CITY"S site is ready to receive the
building(s) prior to the delivery of any building(s) by visiting the site.
2.3 MATERIAL AND WORKMANSHIP
All workmen shall be skilled and qualified for work, which they perform. All
materials used, unless otherwise specified, shall be new and of the types and
grades speCified. The CONTRACTOR shall, if requested, furnish evidence
satisfactory to the City that such is the case. CONTRACTOR'S crews assigned
to any work performed under this contract shall include one competent and fully
experienced person designated as the responsible person in charge. The CITY
may request a change of CONTRACTOR'S site personnel at their discretion.
California Electrical Code
California Building Code, Title 24, including California Energy Code
ASTM C635- Metal Suspension Systems for Acoustical Tile and Lay-in Panel
Ceilings
3 GENERAL DESIGN REQUIREMENTS
The buildings are designed so that modules may be joined together to form a
complete building to maintain a positive alignment of floors, walls, and roof, and
to permit detachment for future relocation.
Each module shall be permanently identified with the State Insignia issued by
HCD including the following information:
a. Design wind load
b. Design roof live load
c. Design floor load
d. Occupancy Class
e. Electric Service Size
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RFQ F-09-IO
f. Type of Plumbing Fixtures Approved in Module
g. Mechanical Equipment Approved in Module
h. Fire Safety Class
i. Serial Number
j. Insignia Number
Each module shall be capable of resisting all vertical and lateral loads during
transportation and relocation. When modules are assembled, joints shall be
sealed with removable closing strips or other method to present a finished
appearance and be waterproof.
Finish and base materials at each module, except roofing, floor covering, and
suspended ceiling, shall terminate at interior module joints in a manner to join
flush and tight with same material in adjacent module so that modules may be
relocated with minimum cutting and patching.
The structural system of each module shall be either an independent moment
resistant steel frame or shear wall type as required to resist lateral loads.
3.1 Dimensions
The Buildings shall meet the square footage requirement as shown on the Bid
Form with a tolerance of plus or minus ten (10) square feet per module. Linear
dimensions shall be vertical trim finish line to vertical trim finish line. Fascia and
overhangs are not included in the calculation of the square footage the building
occupies. The interior height, floor to ceiling shall be a minimum of eight feet
plus/minus one inch (8'+/-1").
3.2 Load Criteria
Wind Load = 70 mph, Exposure "C"
Roof Load = 20 psf
Floor Load = 50 psf
Floor Load (w/lnt partitions) 50psf + 20 psf part load
3.2.1 Foundations
Installation shall be permitted on soil, concrete, or AC paving, having suitable
design-bearing capacity. The foundation shall be designed by an engineer
holding a current license, issued by the State of California. HCD approved
foundations are also acceptable. Pads shall be designed based on a minimum of
1,000 PSF bearing pressure on the soil.
Wood
All foundation lumber shall be Hem Fir # 2. All lumber in contact with grade shall
be pressure treated and stamped "For Ground Contact". Shims may be redwood,
cedar or pressure treated material.
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RFQ F-09-IO
3.3 Framing: Roof, Walls and Floor
The buildings shall be a moment-resisting rigid steel frame structure or shear
wall type as defined by HCD.
Steel frame building/wood frame construction shall meet the minimum design
requirements of Title 25 CAC.
All framing lumber shall be marked MC-15 or surfaced dry (S-dry)
Roof framing, in-fill, wall framing and floor framing shall be per Manufacturer'
plans (submitted with bid) and per all applicable codes.
3.4 Moisture Barrier
All weather-exposed surfaces shall have a weather-resistive barrier to protect the
interior wall covering. Such barrier shall be equal to that provided for in C.B.C.
Standard No. 17-1 for kraft weatherproof building paper of C.B.C. Standard No.
32-1 for asphalt-saturated rag felt. Barrier shall be free from holes and breaks
other than those created by fasteners and construction system due to attaching
of the building siding, and shall be applied over studs or sheathing of all exterior
walls. Such barrier shall be applied weatherboard fashion, lapped no less than
two inches (2") at horizontal joints and not less than six inches (6") at vertical
joints.
Siding
All plywood siding shall be APA or comparable rated exterior type. Each panel
shall be identified with the grade mark of the grading association and shall meet
the requirements of Product Standards. PS Siding shall be19/32 (minimum) thick
with shiplap at long edges and of one (1) of the following styles: plain, V-
grooved, grooved, or reverse board and batten. .
Siding shall be: 7/16" min. Taiga Smart Panel, 5/8" T-1-11 Plywood, y,"
Duratemp or approved equal.
Seal all panel edges and ends with a heavy coat of high-grade exterior house
primer or an aluminum primer formulated for wood before installation. All
horizontal joints in siding and between skirting and siding must be flush and
protected with a galvanized iron "Z" type flashing. All vertical shiplap joints shall
have 1 /16" clearance between panels. A 3D or 4D galvanized finish nail may be
used as a gauge between panels and left in place.
3.5 Trim
All door and window openings shall receive trim of at least 1 "x 4" size. The trim
shall be, Socomi Lam with resawn finish, rough or resawn D select DF,HF, or
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RFQ F-09-IO
spruce, or Taiga Smart Trim. Trim shall be sealed at all edges with silicone or
architectural grade caulking. Caulking shall be painted to match siding or trim
color unless of the transparent type.
3.6 Skirting
Skirting shall be the same thickness and type of plywood used for the siding. The
grooves shall match and line up with the grooves in the siding. All edges and the
bottom of the skirting shall be supported and the entire space below the building
shall be closed off. Skirting shall include sub-floor ventilation per code, vents
shall be constructed of galvanized steel frame with galvanized steel mesh and
painted in the same color as the building.
Ramp and Landing Skirting: ramp and landing (when used) shall be fully skirted
with the same material used for building skirt as is applicable. All edges of the
plywood skirt shall be supported and protected from weather.
3.6.1 Roofing
The roofing system shall be fire retardant per UBC standards. Test results to
support Class A rating.
Building manufacturer's standard pre-finished, interlocking roof panels, standing
seam or ribbed type, 26-gauge minimum galvanized steel, as approved by HCD.
Other, upgraded roof finishes (22 gauge, TOP, colored standing seam, etc) or 45
mil TPO (white) as selected by CITY as alternate and approved by HCD.
Design and installation of the deck and/or roof substrate shall result in the roof
draining freely. Areas where water ponds are unacceptable and shall be
corrected by the manufacturer.
3.3.11 Metal Exterior Doors
Flush doors, 1 %" thick, with 18 gauge steel face sheets and sound-deadening
material on interior to effectively reduce metallic ring. Factory-prepare and
reinforce for indicated finish hardware, including reinforcement on both faces for
closers. Doors pre-finished from manufacturer with vinyl laminate or painted
doors, treated for paint adhesion, with one (1) complete shop coat of metal
primer and finish painted to coordinate with building exterior.
3.3.12 Hardware: Exterior Doors
Butts: Size and number as recommended by door manufacturer. Use solid brass
or bronze butts for exterior doors, with setscrew in barrel and ball bearing design.
Closers; Size and number as recommended by manufacturer for door size,
Norton Series 1601 or equal.
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RFQ F-09-1O
Lockset: Classroom lever handle lockset, mortise or cylindrical type, Schlage
D70PD or L9070 or Corbin or Yale or Tell equivalent. Supplied with the
appropriate dead bolt, single cylinder-type with inside thumb latch. US26D finish.
Lockset shall meet and be keyed to CITY standards.
Thresholds. Threshold shall be PEMKO 271 A or comparable, 5" aluminum with
PEMKO 216 AV, or comparable, door bottom.
Weather-stripping: All exterior doors shall be weather-stripped with PEMKO
2990, or comparable, at door jambs and head.
3.3.13 Interior Walls
All interior walls shall be finished with a material approved by CHD, possessing a
flame spread rating of no more than 200. Y:z" Drywall or Vinyl gypsum (VCG)
shall be applied in one continuous length from floor to ceiling.
3.3.14 Suspended Acoustical Ceiling and Acoustical Panels
Ceilings that support light fixtures or grills shall have a minimum classification of
Heavy Duty per ASTM C635. Grid shall be direct hung in strict accordance with
Title 25 CAC.
Acoustical panels shall be 5/8" minimum thick, mineral fiberboard (square edge)
a maximum flame spread rating of 200, 24"X48" modular size, light reflection
75% minimum, noise reduction coefficient of 0.65 minimum.
3.3.15 Lighting
The CONTRACTOR shall fumish a T-8 fluorescent lighting system that complies
with the following:
A. Overall illumination at desk level (30" above the floor) of an average 50 foot
candles.
B. The maximum brightness of lighting sources at time of installation shall not
exceed 50-foot lamberts.
C. Lighting load calculation shall not exceed 2.4 watts per square foot.
3.3.16 Electrical
Provide panel schedule with electrical load calculations on drawings. The
quantity of convenience outlets shall be per drawing but in no event shall be less
than required b code. The CONTRACTOR shall also provide electrical
connections for furniture and machines in center area.
All material and equipment to be used shall be new at time of building
manufacture and shall comply with the requirements of Title 25 CAC.
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RFQ F-09-IO
Acceptable Conduit:
Electrical metallic tubing (EMT) galvanized thin wall.
Flex (Interior)-galvanized steel.
Flex (Exterior)-galvanized steel with factory-applied PVC jacket.
All conduits shall be continuous from outlet to outlet and shall be secured in
conformance with T-25. Field bends shall be avoided wherever possible. Where
bends must be made, use an appropriate "Hickey" or bending machine. Ream
and deburr all conduits prior to installation and terminate in appropriate bushing
or conductors.
Wiring shall be No. 12 minimum copper type TW, THW, THHN, or THWN, as
applicable. Conduit fill shall not exceed requirements of T-24, Part 3. A separate
grounding conductor shall be pulled throughout the entire system. Take care to
avoid damage to wire or insulation during pull-in. Use powdered soapstone or a
pulling compound such as "Yellow 77" lubricant, if necessary.
3.3.17 Windows
To be installed in all exterior walls. Glazing must comply with Title 25 CAC,
Chapter 3.
3.3.18 Painting
All exposed surfaces shall be painted except aluminum window frames and
thresholds. Material shall be of the grade specified or equal.
Exterior-Wood siding, trim, and skirting- Flat latex: Apply one coat of primer and
at least one finish coat. Prime coats shall be brushed on or sprayed and back
brushed into all grooves in the siding. If necessary, in the opinion of the inspector
and extra coat shall be applied to all grooves so that the finish coat will have a
uniform appearance. Spray coating only of prime coat is not acceptable. Allow
prime coat to dry according to manufacturer's recommendation. Prime and finish
coats shall be compatible and manufactured by the same company. Color will be
selected by the CITY after award of bid. .
Reference
Brands
White
Colors
Dunn
Edwards
W201-1
W201-X
Vista
Paints
3000
30XX
Interior Trim- All trim not pre-coated shall be painted with two (2) coats of semi-
gloss latex over primer.
Reference
Brands
Finish
Dunn
Edwards
450-XXX
Vista
Paints
70XX
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RFQ F-09-IO
Metal- All metal surfaces shall be painted with two (2) coats of alkyd-finish coat
over rust inhibiting primer.
3.3.19 Floor covering and Base
VCT: Best quality, 1/8" thick. 12"X12" tiles. Armstrong Exceion, Imperial Texture,
Fortress or equal (color to be determined).
Carpeting: Where carpeting is specified, Textured loop construction, 100% nylon
yarn, 26-28 ozlyd tufted weight, Shaw Ambition II or better (color to be
determined).
The carpet density shall be 4300 minimum. Pile yarn shall be a braided
polypropylene. Suitable metal molding strips shall be installed according to the
manufacturers written instructions to protect the carpet edge at all interfaces with
other flooring.
Resilient Sheet Vinyl:
All restrooms shall have Armstrong "Brigantine" vinyl Corlon, or approved equal.
Install per manufacturer's instructions. Noted sheet vinyl is the minimum
standard of quality acceptable and, if used, shall be provided with 6" min sanitary
cove base.
Resilient Topset Cove Base: Best quality, molded rubber, 1/8" thick, 4" high,
molded top-set Cove. Solid color as manufactured by Burke Rubber Co. No.
502-P or comparable.
Adhesives: As recommended by floor covering and base manufacturer. Furnish
and apply per manufacturer" written instructions. Shall be nontoxic and water
based.
3.3.20 Insulation
Wall and floor insulation shall have a rating of R-11. Ceiling insulation shall have
a rating of R-19. Floor insulation shall be secured.
The insulation support material shall prevent movement of the insulation during
transportation. The insulation and support material shall be intact upon delivery
to the site and shall completely cover the floor cavity.
3.3.21 Heating, Ventilation, and Air Conditioning
At the restroom building, the manufacturer shall provide power ventilation; 15
CFM per occupant. At other buildings, the manufacturer shall provide an HVAC
unit that is tested and approved by a recognized testing laboratory (UL or equal).
All work shall be in full accordance with Title 25 CAC.
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RFQ F-09-IO
1. HVAC units:
Roof mounted gas pack package units manufactured by Carrier or equal.
HVAC units shall be factory assembled, piped, wired, tested and provided
with operating refrigerant charge. Unit shall be UL listed.
Filters shall be UL listed class 2 throwaway type and shall have 25%
efficiency based on ASHRAE Test Standard 52-76.
All units shall be 230/208 volt, one (1) phase system, US approved or
comparable and meet current energy standards.
At locations where the HVAC unit noted above is not adequate to meet
the listed criteria, the manufacturer shall provide a HVAC unit that
will meet the geographic requirements.
A. The system shall maintain an automatically controlled indoor
temperature of 78 degrees F in summer and 68 degrees F in winter
with a 45 percent relative humidity when the outdoor dry bulb
temperature varies between 110 degrees F in summer and 1-
degrees F in winter and a wet bulb temperature of 72 degrees F
(average).
B. The system must maintain the above temperatures when the
damper is adjusted to use approximately on-third (1/3) fresh air.
2. Ductwork (supply and return):
A. Construct all ductwork of galvanized sheet metal in accordance
with UMC, ASHRAE Guide Equipment volume and SMACNA Low-
Velocity Duct Construction Manual, latest editions. All ductwork
shall be insulated with 1" thick fiberglass duct wrap with vapor
barrier. Provide 1" duct attenuation at all ductwork within 8'0" of
HVAC unit.
B. Nonmetallic Ductwork Option: In accessible concealed portions of
the duct system rigid 1" fiberglass or insulated" Flexduct" with vapor
barrier may be substituted for sheet metal ductwork. All Ductwork
with 2' of the HV AC unit and all interface connections shall be
metal. Ductwork and reinforcement shall be designed for 2 static
pressure. Reference Brands: "Owens-Corning Fiberglass Duct
Board, 1" thick, and 'Manville" Micro-Aire, Type 475. Nonmetallic
ductwork shall conform to NFPA 90A and O-B and SMACNA Class
1 rating.
3. Registers and Diffusers:
4. Local parts and service required.
Provide four-way throw air diffusers as manufactured by Carnes, Titus,
Hart & Cooley, Barber-Coleman or Kruegar or comparable
manufacturer commercial-grade grilles and registers.
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RFQ F-09-10
5. Thermostat: standard daily use thermostat.
Notes:
1. Calculations shall be based on occupancy for 60'x 72' building of thirty (30)
employees and an interior space of approximately 34,600 cubic feet. The
mechanical ventilation system shall provide approximately 15 cubic feet of fresh
air per minute per employee and a total of 45 cubic feet of air per minute per
employee
2. This size building is exempt from the requirements pertaining to HVAC
equipment contained in the citation, Paragraph 3.3.28.
3. Manufacturer's literature, operating instructions and guarantee shall be delivered
to Facilities Management at the time the building is delivered.
4. The unit shall be installed in strict accordance with manufacturer's instructions
with particular attention to required flashing.
3.3.22 Plumbing Fixtures and Trim- Restrooms
a. Concealed stops shall be Yo" Crane No. 8H 2586 or American Standard
8223.018; 3/4" stops shall be Dick Bros. No. 3150LK. Exposed stops and
supplies shall be W' Basscraft SCR-19 or Speedway No. SP,3712A, lock
shield, loose key.
b. Water Closet: WCH-Floor type water closet, Crane 3-446 E(wall mounted)
or American Standard "Cadet" 3043.102 17" high vitreous china elongated
bowl with siphon jet action and 1 W' top spud-Smith 9230 S.S. closet ring
assembly; Olsonite 10CC, 1" high white open front elongated seat less
cover; Sloan Royall III hand flush valve with vacuum breaker and
screwdriver angle stop with bumper; bowl outlet rough assembly shall
comply with the State of California requirements for fixtures serving the
physically handicapped.
c. Lavatory: Crane 1-412 V Harwich, size 20"x18"x4" or Lav-20" x 19" x 6" wall
type; American Standard Lucerne 0356.421 vitreous china bowl drilled for
concealed lavatory arm assembly- Smith 720 wall mounted concealed
lavatory arm assembly; Dear Born 760 brass strainer Chicago 333-665
handle faucet. California requirements for fixtures serving the physically
handicapped. Set bottom of rim at 29"A.F.F.
d. Stainless Steel Handicapped Compliance Grab Bars: two per each
enclosure.
e. Mirror: 24"x36"Standard
3.3.25 Fire Alarm
Where required, CONTRACTOR shall install exterior-accessed & recessed
junction box near the electrical distribution, panel with W' conduit stubbed up wall
to above, the ceiling for future connection by others. CONTRACTOR shall also
install W' conduit for fire alarm pull station junction box mounted near the front
exit door, up to (1) interior horn, (1) exterior horn & (1) interior strobe boxes
accordingly, and then stubbed up above ceiling, also for future connection by
others. All exterior boxes will be covered by a weatherproof metal plate.
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RFQ F-09-10
Horns/strobe shall be mounted near the doorway area at 80" above finished
floor/grade. Fire alarm devices and connections are by others.
3.3.26 Fire Extinguisher
The building shall be equipped with a pressure-type fire extinguisher with 2A
1 OBCUL rating, to be mounted on the interior wall of the building, near each
doorway at a height of four (4') feet. Fire extinguishers shall be totally charged
and have a dial indicating the state of charge.
3.3.27 Energy Conservation
The bidder's attention is directed to Title 25 CAC, Chapter 3, on energy
conservation regulations and required certification.
3.3.28 Erection at the Site
Once delivery of modules on site is made, erection shall be pursued in a timely
manner until complete. All modules called for at that site shall be scheduled for
delivery and erection in one continuous time frame. (Saturdays, Sundays, and
holidays excepted).
The CONTRACTOR shall furnish materials, articles, and equipment in ample
quantities and at such times as to assure uninterrupted progress on the work.
3.3.29 Clean up
All scrap material shall be removed from the site at the end of each day's work.
3.3.30 Utility Hook-up
All utility connections shall be located as indicated on site plans to accommodate
hook-up at the site. Utilities hook-up by others.
3.3.31 Grounding of Building Components
Bonding of all metal portions of the building for ground, i.e., frame, ramp, etc., is
the responsibility of the CONTRACTOR to the satisfaction of the site inspector.
3.3.32 Guarantee/Warranty
CONTRACTOR hereby unconditionally guarantees that work will be done in
accordance with requirements of contract and per Section 2.0; and further
guarantees the work of contract to be and remain free of defects in workmanship
and materials for a period of one (1) year from date of acceptance by the CITY,
unless a longer guarantee period is specifically called for. CONTRACTOR
hereby agrees to repair or replace any and all work that may prove to be not in
accordance with requirements of the contract or that may be defective in
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RFQ F-09-10
workmanship or material within guarantee period specified, without any expense
whatsoever to the CITY, ordinary wear and tear and abuse or neglected
excepted.
CONTRACTOR further agrees that within seven (7) calendar days after being
notified in writing by the CITY of any work not in accordance with requirements of
contract or any defect in the work, he will commence and prosecute with due
diligence all work necessary to fulfill terms of the guarantee, and to complete the
work within a reasonable period of time.
3.4 TEMPORARY FACILITIES
CONTRACTOR shall make arrangements for and provide his own temporary
water, electric light and power, field office, corporation yard, parking, and toilet
facilities as may be required for each of the sites and comply with such
requirements and restrictions for their use as may be prescribed by authorities
having jurisdiction.
On-site field office facilities are not required for the inspector.
3.5 ASBESTOS CERTIFICATION
The successful bidder may be required to provide for each unit purchased under
this bid certification that the unit contains no asbestos-containing building
material (ACBM).
The certification shall be in writing and shall be made by an architect or project
engineer who is retained by the CONTRACTOR and is responsible for the
construction of the, Modular buildings. The certification shall state that no ACBM
was specified as a building material in any construction document for the unit
and to the best of his or her knowledge, no ACBM was used a building material
in the unit. The certification may be made by an accredited asbestos inspector.
The certification shall conform to Paragraph 763,99(7) of the Federal Register
dated October 30, 1987, Part III environmental Protection Agency, 40 CFR Part
7673, Asbestos-Containing Materials in Schools; final Rule and Notice.
3.6 CERTIFICATION OF COMPLIANCE
The CONTRACTOR shall provide to the CITY for each Modular building
delivered, a letter or certification that said building was built and installed in
compliance with the Contract.
3.7 PREVAILING WAGE
For the work to be completed on City property, the prime contractor and all
subcontractors are required to pay their laborers and mechanics employed under
this Contract, a wage not less than minimum wage classification, as specified in
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RFQ F-09-IO
both the Federal and State Wage Decision when the Contract amount for the
Prime Contract exceeds $2,000. The higher of the two applicable wage
classifications, either State Prevailing Wage or Davis-Bacon Federal
Prevailing Wage, will be enforced for all work under this Contract. The
prime contractor is responsible for ensuring subcontractor compliance with
Davis-Bacon and related Act Requirements. The Federal Labor Standards
Provisions (HUD 4010) apply to this project.
Attachments:
Exhibit A, B, C, D, E
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SECTION III.
BID CONTENT AND FORMS
23
RFQ F-09-10
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A.
RFQ F-09-IO
III. BID CONTENT AND FORMS
BID FORMAT AND CONTENT
1. Presentation
Bids should not include any unnecessarily elaborate or promotional
material. Information should be presented in the order in which it is
requested. Lengthy narrative is discouraged, and presentations should be
brief and concise. Bids shall contain the following:
a. identification of Contractor, including name, address and
telephone;
b. proposed working relationship between Contractor and
subcontractors, if applicable;
c. acknowledgment of receipt of all RFQ addenda, if any;
d. name, title, address and telephone number of contact person
during period of Bid evaluation;
e. a statement to the effect that the Bid shall remain valid for a period
of not less than 90 days from the date of submittal; and
f. signature of a person authorized to bind Contractor to the terms of
the Bid.
Contractor may also propose enhancement or procedural or
technical innovations to the Technical Specifications, which do not
materially deviate, from the objectives or required content of the
project.
2. Exceptions/Deviations
State any exceptions to or deviations from the requirements of this
RFQ, stating "technical" exceptions on the Technical Specifications
form, and "contractual" exceptions on a separate .sheet of paper.
Where Contractor wishes to propose alternative approaches to
meeting the CITY"S technical or contractual requirements, these
should be thoroughly explained.
3. Appendices
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RFQ F-09-IO
Information considered by Contractor to be pertinent to this RFQ and
which has not been specifically solicited in any of the aforementioned
.sections may be placed in a separate appendix section. CONTRACTOR
are cautioned, however, that this does not constitute an invitation to
submit large amounts of extraneous materials; appendices should be
relevant and brief.
B.
LICENSING AND CERTIFICATION REQUIREMENTS
By submitting a Bid, Contractor warrants that any and all licenses and/or
certifications required by law, statute, code or ordinance in performing under the
scope and specifications of this RFQ are currently held by Contractor, and are
valid and in full force and effect. Copies or legitimate proof of such licensure
and/or certification shall be included in CONTRACTOR'S response. Bids
lackina copies and/or proof of said licenses and/or certifications may be
deemed non-responsive and may be reiected.
C.
COST AND PRICE FORMS
Contractor shall complete the Price Form in its entirety including: 1) all items
listed and total price; 2) all additional costs associated with performance of
specifications; and 3) CONTRACTOR'S identification information including a
binding signature.
Contractor shall state cash discounts offered. Unless discount payment terms
are offered, payment terms shall be "Net 30 Days". Payment due dates, including
discount period, will be computed from date of City acceptance of the required
services or of a correct and complete invoice, whichever is later, to the date
CITY'S check is mailed. Any discounts taken will be taken on full amount of
invoice, unless other charges are itemized and discount thereon is disallowed.
Freight terms shall be F.O,B. Destination, Full Freight Allowed, unless otherwise
specified on price form,
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RFQ F-09-10
PRICE FORM
REQUEST FOR BIDS: F-09-10
DESCRIPTION OF RFQ: Modular Buildings and Related Equipment
COMPANY NAME/ADDRESS: tJl 0 c> v I q r Sf'", c e CD r p Dr" + I 0..J
JIIIS tJ-.e.mlocK A-v-<:
Sv Ie:; .v '" I f2 A '12...B? 1
NAME OF AUTHORIZED
REPRESENTATIVE
"-11. "-tV ().<. I
M Q tV ...-.<..1
<3c<-Le
U. ..:Tv'V-<:Z-
H. Jv<<rez...
k F r-c.54^-' T... ,Iv-<.
PRINT NAME
TITLE
TELEPHONE NO.
FAX NO.
EMAIL ADDRESS
'/~D - 57 '1- fll-r,5
..,~O - '51+- /'170
"1/ (/'1 r e"2. ~ mod Spa. C-< . cOn-"!
wi '
DESCRIPTION:
Six (6) Modular Units (Includes manufacture, delivery, set-up and completion)
PRICE:
(Words)
Two nUvd", cl 1::19 t, r-y Tt..JD -r"O"'S"<1J d,
1J1iJ.<.. Jo....,'1d........d -;tn,,..,., Th"-'t<. .-w.d
(Numbers)
$ :;2'8:2,'133.
.
Il><>
00
/0-;10
Are there any other additional or incidental costs that will be require
order to meet the requirements of the Bid Specifications? Yes
one). If you answered "Yes', please provide detail of said additional cos
our firm in
No (circle
Please indicate any elements of the Bid Specifications that cannot be met by your firm. _
26
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RFQF-09-10
Have you included in your Bid all informational items and forms as requeste@
No . (circle one). If you answered "No", please explain:
This offer shall remain firm for 90 days from RFQ close date.
Terms and conditions as set forth in this RFQ apply to this Bid.
Cash discount allowable ff % days; unless otherwise stated, payment terms
are: Net thirty (30) days.
In signing this Bid, Contractor warrants that all certifications and documents requested
herein are attached and properly completed and signed.
From time to time, the City may issue one or more addenda to this RFQ. Below, please
indicate all Addenda to this RFQ received by your firm, and the date said Addenda
was/were received.
Verification of Addenda Received
Addenda No: t Received on:_
Addenda No: Received on: 0
Addenda No: 1 Received on: 3 "
Authorized Signature: 0 Ii. A~
/.1./ f"v c,1V"Z--
I!-ef'N $e,.,; r... -h y~
,
Print Name:
/lIl ffPveJ
Su 1-e:5
Title:
IF SUBMITTING A "NO BID", PLEASE STATE REASON (S) BELOW:
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RFQF-ll9-1ll
BID BOND
(In lieu of cash, cashier's check or certified check)
KNOW ALL PEOPLE BY THESE PRESENT:
Modular Space Corporation dba ModSpace
and
, as CONTRACTOR,
Westchester Fire Insurance Comoanv , as Surety. are held and firmly
bound unto THE CITY OF SAN BERNARDINO. hereinafter called OWNER, in the sum
often (10) percent of the total bid price for the BID purposes. We bind ourselves, our
heirs, executors, administrators. successors. and assigns, jolnUy and severally, firmly by
these present.
WHEREAS, CONTRACTOR shall forfeit the bid bond In the amount of "10%" Dollars
and "see below*Cents (ten percent oftotal bid price), and such security shall be applied
to or be remitted to the City of San Bemardlno, as liquidated damages, should the
bidder to whom the contract is awarded faM to enter into the contract. All bonds
fumished pursuanl to this notice must be underwriUen by a surety company, having a
rating In Besrs most recent insurance guide of "A" or belter. work
*Ten Percent (10%) of Amount Bid"
SIGNED AND SEALED, this 10th day of March . 20 09
Modular Space Corporation dba ModSpace Westchester Fire Insurance co~y
(SEAL) (S )
SURETY
\~Jw C( ,~t\VW)vv
SIGNATURE Sandra E. Bronson
Attomey-in-Fact
(SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY)
CON~OR
BY:' rn~~
SIGNATURE
BY:
Nota: All bids or quotes shall be accompanied by a bidder's bond, certified or
cashier's check, or cesh In the amount of ten (10) percent of the total bid.
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Ro>>,er of
Attorney
165004
. .' .'.
. WESTCHESTER FIRE INSURANCE COMPANY
1285515
. Know aU men by these presents: ThaI WESTCHESTER FIRE INSURANCE COMPANY, a <OI1'Oration oflbe State of NllW York, baving its
::':':prUjcjpal"office in the'City of Atlanta . Georgia, purstiant'to the following.,Resolution, adopt~ by__lhe ,Board QfDrntQrs.ofthe saj~ CompilnY on,December 1.1; 2006, to
'Wit .
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"RESOLYED,~tbcrOIlawiJ1j-&udiorizationsrdateto:_~eioc:Util!l1,--fi,rIDdCll1bdiaifohhedqmpan)'.o(bo~;~IS.~~~.~othcr~:c:o~ofibeCQ~Ycalercdinto
tbeordinarycoum:ol,-bI1siaess(~&'"Writtcll.Co~i1q!.ClIt~): . ;',_:, " _' :.. " ".:: >- "-:,:, _. : ':,: ,_ :::_: ,-,"'.' ,'::', ::. ,',. ,,,," _::_,
":':. . _~'o(~CIWrmIl1;the:Prelidmt lad thc:Vke_PrCsidcins~ftbcCOlzipllly:jl_b~"iuthOrizcd~_u.eculeIDYWri~~_~'f~r)adOIl~rOf1bCCCNllJlIlll)'.llDdcrtbr~Of:~Co~,Pany~oIhtr.vise -I
Eachdwy appointcd__lttOl1ley~lo.fact ofJheCompaay-iiherebylllllblllUed lOelI.Ccute_IIll)i",WritteaC~ilmCDdorlll1dOil:bcbalror~~y, unikIr~sealoftheCimlpany 0'f'~1X, to:;dle cxtcni:!h_~ 5udi
-:~islulhorizcdby__1bejl1CllDfpowen'prov.idcdforinSUdl~Wri~ClIapp(!inti!lCl1tISSatbaao~jb-(lCt ",'" , "'-' , " ,.
,;~ll:hoflhe.CbainDlIIl.thc:PraidCDl and1!reVjU~OrlheCodipan.)'is~-~~,,~~,~Dbcbalf~(~,,~;'to:lPPOinl-il:l~Djll1y~,t.Il~attomty~irt~~oftbeC~ywith_fWl:powcr
Icid:lI1IiIiGritytQ.~~ule,f!lfa'i\d,l;lll.bchaJrof~Cotl\PlDy;:unlb'ihcsea1oftb,c~PllPY;Or_~~SU<!b:WrineA~itm~or#~panylSll3~_bespecitiedin-suthwritttll'-ilppoin.t.Whichspc:ciliQ11ion
'm.t~byg~llltyplor'das$o(WrinenconnnitmenOotb~sptCif1talloJ)of~~e:Ol'Q1ore~~_~--Wrin,cn'(;ommi~~_ ::,_, -_' . ,,' _,:_'-::,_' -_ _,__ _ '_' '- ,,-,P, __ _' ;-::::- .
E~:oitJteChAiritlIll1;,tbe Presidcal!WI Vice Pi:es1~of~:~palIY ishcrcbY"'~:for'~ on bchalfofme:eompany.:.~dcl~ u.:,writiDg tQ-m}':"lbeJol{lCCr_of~Cwn~Y~au~:to ~ecwC:_fDr
lind:Qil. b;i:half-t:if~COlftpUlY. WidctlbcCOm~Y'5-IeaLorqlhawisc, sueb Wri~'ComfuitDlentJ::ilftbe~IiI~Y 1$1,fe~~ D!:~writlcll dclqj~ ...hicb~rlC~1I may~bY::lCIICl"lI typeor,,-tass,~r
Wri_ttcnF_l)DUM~lSOI"by~ti~ationofOllc;or~o:~?VritlCll_~~~', '_: '_:-:: _:,,:, \_ _::..: .-"_:: :::;-', ',:-:_ _ J ::-,: ,::,::: :::::":"= :/- ,__:,:'_-::: .>: ",:::'
TI).C:QIt!-awre~f.m;s)'oftlC.,.-or'~:pcn:OD~cCItl;bJg !f'I1)'Wri~en~~iDl1cntor~~~t'orde1e.pti04~tQ:,tbiS~I!fiOJl,_tbU~,:Oftbl:Coui:pany,""'Y,beaff~:byQQimile~;~~~ri_
COliunitmc:ntorwrittel"appoilllrQ~tordclegatioll. '- '" .,,' ',,' '--".' -' '--' . --' --'-' n-, '-' -'
" ,-,-- - - --,:', -'- - ',' ",-. --
FURTHER REsOLVED.-tb~ the: foregoing ~Iuuon shall not 9cdecmcd lO,be'BIlexcluSi_Ycstalcm~i"O(~~~arLd~OfOffi~,_~pi~,fIId~'~I.O,-act'f~-..m on bebalf~~':~Y, and
:~cliResolutiO"'slUillrtQtlimilorOth:cN-i~,arrel:ttli.'C,CltcrtiseD(1In)'~chpowcrotautbqril)l'~isevaljtD)'~':or~:- '_ ,-,--:,_: :_",-,-::_,:, ::-:-- -"-'-:':-:" .:,;""'-"'--:::: ,'::-- "':,:-
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:FuRtHaUSOL~D~'timuheR~lUilon~rtlieBqent:lJf~~:Oftb~:Co~~";~i1Ub~'~_~h_~a~N~;~'-'-l~~:~thc~~:Oft~:~:ioCll~_~~,_~:Dii:~fOf
'~eCOlllJ>anr,'-WrittI$CodU):litmcntllmdilpp4intolcnu-arntdclq"iollS,ishercbr~' .' ' ~
Does hereby nominate, constitute and apPoint DAIlELL;. WHITE, MARY C. O'LEARY. MAUREEN MCNEILL:, R1CIJAIW A. M.COBOSc,DOUOLAS i WHEELER.
. SANDRA E, BRONSON, WAYNE G. McY AUGH, ROSEMARIE liAPON!, DeNNIS ;!.AUSIER and ELlZAIIEtHMAllRERO aIloflh~.Cily.of
Phnadelphia, COl1U1lOllwealth of Pennsylvarilil , each individually if !her. be more tI1ao.one named, iunrue and lawful.attomey..in4a<:.l. to tt.ak.e. ex.."'e,
seal and deliver on.n; behalf. and as its act and deed any .nd all bonds, .aoderf>lcin8l, iec:Ognjzanees, _ts ando!her writin~! in. the ~tutO tbeii:or in
penalties not exceedin~ Twenty Mi1Iinn Dollars (nO,O~,OOO);uld the <XllCutio~ of ~<h _in~s Ui pursuance of!hese presenlS$ba,l1 be;as.\llitdi!ltllpotl
said Company. as fully and amply as if thoy had been duly eJ<<<lltedondaol<Owledged by lbe ~larly e10cted office" /!f Ibe C<itl>pjlny a"its priocipal offICe
. IN WITNESS WHEREOF,.lhc..id Stephm M, Hatt<)' . Vlce-Presiden~ basbereunr~ sobs<rihed his name ,j"d affixed the ~oq,oni(c seal of~ .
said wESTCHESTER FIRE INSURANO COMPANY this lOth day,,(_einher 240$... ...;.......: ~
. [;:;'~\.'WESTCHESmFmE'JNS~CE'~OMP~" . '.
\~~~~::i ..A~.l'Y\; {~,
Stephen M, Hanoy, Vice Presid.,nt
COMMONWlW-J'HO:FPENNSYLV.ANIA. '.
. .. . .CO~Y~; to~U:?:i~ ,:.~. 209~ i ~rJme' aN6huyPubli~,!f;\IlC C-no~~ofP~IYanla ~~forthe~~~~;o<kIP~ia .
" . <am. ,Slq>hen M:&Dey ,V\Qe,Presl~ 9f!l>e WIlSTCUESTERl'PlE INllURANCE CQMI'~'ll>nie _naUi bloW1lf9l>~ lb.).~yid)llllJll!il. ,..
. offioef wjlo exe<iitt!l th."pr~~ iJiSliume!tt;oitd MlU'kn9wledgOdlhat 1\0 eiieioutoit lbeSlimit, ~ that thl';seat.aflixc4,lO tl\<:.Prl!ieiliD$ ~iis./hO" .
. ... ~otpOfat. seal of..;d Co1l!JlliliyHhat die sail! ..,rpi)nitc I~;;od his slgnatore woi'eodulj.iiffiited1>y Ibe aoIbori,yond diret}tioD'ClfthuaUl~o~o,,"iu\d; .
.. that R~olmion, ':"6m<d by the lloOilJ ot~tws~fsaid:J:Ompany' rtferrod ~ m.1b~1>=ecli\'g i,ostnmienkisnow ui}olte. , ': .;:3, .'
. IN TEsTIMORYWHERE6f;lllOve ~_to set o>y hiu\d 4tld~ffixed my 9fffuiaI scaLat iM City ofllIDliuielpbia the day' ;U;d:y:& f"";t llboye wri~~..
.' ':";,- _.., .', "..', ,', . .'.V _.. '. .',. ~:"" - ::::-;/ ,:.:, -. -.-
rfff~. . ." ..,.'
'~~~;;~!l/ .. ...... '~~~LFC~~~~";--.'..
Notary Public'
, ::;
,"'..','.-.-, "'.
. t, the Undersigned Assista;" Secietaty of WESTCHESTER FmE INSURANCE COMPANY. do hertby certify that Ibe ongm:.i roW'ER F.
ATTORNEY, of hicbthe.fl regoios is a:subStantially true and.~o"..t.~opy, is in full 00"'. and effect. . : ,.., ./
_, l\~e..' ~scrjbedmy:,~~e_~A~is~tS~ryl~daffixedthe-coijKlrate.~alof\he8>~rat~n~,:#lit. , .._-:::.
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~<"./ -. .L;.. ~-'
William I.. Kelly, Assislant Seo'dary
,,:---::~.-:;;?/
THE BACK OF THIS DOCUMENT LISTS VARIOUS SECURITY FEATURES
.
THAT WILL PROTECT AGAINST COPY COUNTERFEIT AND ALTERATION.
.
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~i CALIFORNIA ALL-PURPOSE I:
I~i CERTIFICATE OF ACKNOWLEDGMENT !.
ft' ::;
1m Pennsylvania m
State of 0ali:60lllD ::;
I ~, County of Delaware iii
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II,i.i.. On 3/10/2009 before me, Adrienne Seaford.. Notary I:,::":,,,:
(Here inscrtnamc and titlcoflhc officer) .
I ii' :::o:r::::::::n ilie basis of SatiSfact:;:::d:~:Ot:s:: ilie person(s) whose name(s) i~..subscribed to II
'- ilie within instrument and acknowledged to me iliat ItJlshe/_ executed the same in ~/her~.. authorized ,.
I ~.!. capacity(ies), and iliat by 1ti6/her/Ml signature(s) on ilie instrument ilie person(s), or ilie entity upon behalf of l.:.!~,':.:.'
m which ilie person(s) acted, executed the instrument.
1:; m
m
t: I certify under PENALTY OF PERJURY under ilie laws ofilie State of California iliat ilie foregoing paragraph "'
I ~; is true and correct. COM~TIlOFPENNSVlVA.~lA Ii
NOTARIAL SEAL ."
'1" ADRlEl'lNE sEAFORD. NOTARY PUBLIC 11
111.,.,','. RADNOR lWP.. DELAWARE COlJNR~ 2010 ;."",.
MY COMMISSION EXPIRES DECEMBE 2.. ;
:,1.'.:
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I Ii ~Obry S..l) Ii
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I Ii' ADDITIONAL OPTIONAL INFORMATION ,I:,,'
;:: INSTRUCTIONS FOR COMPLETING TInS FORM
L A.ny ac1mowledgment completed in Calf!orniamust contain verbiage exactly as l..
DESCRIPTION OF, THE ATIACHED DOCUMENT appears above in the notary section or a separate acknowledgment form mu.rt be
propu/y compl,ted and attQCh~ to lhat document. The only aception Is If a
I HI:i::..,'!,: Bid Bond docum..t is to b. ,..crded outsid. ofCol!fONlia. I. such insto"'", '.Y 01""",,,",,,'.,1
acknowltdgmmt verhiage as may he printed on such a d~nt so long as the .
I':: (Title or description of attached document) verhiage dou not requirelhe notary to do something that Is 11t.gaI/or Q notary in !:,1",
California (Le. certifying the authorized capacity a/the signer). PleMe check the
I 'I-~,..!,.. document carefUlly for proper notarial wording and artad this form I/required.
(Title or description of attached document continued)
19 . State and County infonnation must be the State and County whca the document ll:~
Nmnber ofPl:lges ~ Document Date 3/10/2009 signer(s) personaOy appeared before the notary public for aclcnowlcdgment. ~:
m . D.te of notarization must be the d.te that the ligner(l) penolUlUy appeared which 11;
1m must d.o be the lWU d.te the .cknowledgment is completed. ~~
m (Additional intonnation) . The notary public must print his or her name as it 'ppean within his or h<< ~j
conunisuon followed by a CODUl\IIlnd then your title: (notary public). ~.~,.
. Print the name(s) of document signer(s) who personally .ppear at the time of ~
I J:: CAPACIlY CLAIMED BY 1HE SIGNER . i:'::~~ correct singular or plural forms by crossing off incorrect fOImS (i.e. jl
o Individual (s) Mlshe/aMy;- is leM ) or circling the correct foons. Failure to cOlIcctly indicate this ~~
infonn.tion may lead to rejection of document recording. m
o Corporate Officer . The notary seal impression must be clear and photographically reproducible. ~~
Impression nwst not cover text or lines. If seal impreSllion smudges, re-sea) if a r
sufficicntl1'c, permits, otherwise completc I different .cknowledgment fonn. lij
. SignalUrc of the notary public must match the signalllre on [de with the office of N.
the C01lnty clerk. if
(. Additional information i. not required but could help to ClUurc Ihis m
acknowlcdgment is notmisuscd or attached to a different documcnt ~:
.:- Indicale title or type of .ttached document., number of pages and dlte. Ij
'.' Indicate the capacity claimed by the signer. If the claimed capacity is a ,.
corporate officer, indicate the title: (i.e. CEO, CPO, Secretary). h,~,'~.','
. Securely attach this document to the signed document ;l:
IE'
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(Titl,)
o Partner(s)
III Attorney-in-Fact
o Trustee(s)
o Other
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n,h,t$;':!;~!::r.f.'!~:':':':,!;';$;';'*;!:;:'<<!X:"-:'~:';';"sm:.'0..m:"'Th.:'*~~~:?~m':'"-(:-":':H!:':':r:':':'ii:':;:':':.:':':':':':':':':':'i:1':':':':':'f:~.:':':':':W":':H:~':::':~':':~::':':::':':':':'(RS'i:':':':~':':":':':;:':':f:':':.:':":':~':"e:F.:':'f.:;:":r-:':;-;<';.i:':.:->'':;~':':w.mr~,:,:,:':'*::':"!:,~,:,:,:,:,:,:,:,:,:,:-:,:,:;Jr
2008 Version CAPA v1210.07 800-873-9865 www.NotaI).Quses.com
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RFQ F-09-10
NON. COLLUSION AFFIDAVIT
TO: THE COMMON COUNCil, CITY OF SAN BERNARDINO
In accordance with Title 23, United States Code, Section 112, the undersigned hereby
states, under penalty of perjury:
That he/she has not, either directly or indirectly, entered into any agreement,
participated in any collusion, or otherwise taken action in restraint of free competitive
Bid in connection with RFQ F-09-10.
Business Name ~~ 0 D<.I Ic.r Sf 't C~ L1r?
Business Address I' \ I :; t-kwt L.oc..jo::: A-v.c: ~N r..",,\ C...
I
Signature of Contractor xU jf. h-.---
, I
~~k V..//~'f C't
Piii e of Residence I
Subscribed and sworn before me this d Y day of ~ . 20DCJ
Notary Public in and for the County of S'tv, f->e..,-l1o-rd..iv!:"u. State of California.
My commission expires
(h~ S)
. 20lJO .
J~"~.".6"6
6..... ......
Q A. C. GAYTAN f
!; COMM. "884208
III NoW)' fhlllllc C...... ;
, .' ORANGE CQ.tITY ."
.. ...... . '~:~Ma,5.~?J
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RFQF-09-10
SUBCONTRACTOR'S LIST
As required by Califomia State Law, the General Contractor bidding will hereinafter
state the subcontractor who will be the subcontractor on the job for each particular
trade or subdivision of the work in an amount in excess of one-half of one percent of
the General CONTRACTOR'S total bid and will state the firm name and principal
location of the mill, shop, or office of each. If a General Contractor fails to specify a
subcontractor, or if he specifies more than one subcontractor for the same portion of
work to be performed under the contract in excess of one-half of one percent, he
agrees that he is fully qualified to perform that portion himself and that he shall perform
that portion himself.
DIVISION OF
WORK OR
TRADE
'f' I"....;""
S..T-\I
NAME OF FIRM OR
CONTRACTOR
LOCATION
CITY
MCLI\u--c.-( U. .J.uQ.f'e'Z-
Print Name
~
Company Name: /VI 0 d 1/ I.. r .sp " c...c
.
Address: If" 5 1.J..eI11/oC t: AV'<
,
Corfor<< +10,.,)
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tfz-~ l 7
REJECTION OF BIDS
The undersigned agrees that the City of San Bemardino reserves the right to reject any
or all bids, and reserves the right to waive informalities in a bid or bids not affected by
law, if to do seems to best serve the public interest.
30
RFQ F-09-10
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SECTION IV.
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GENERAL SPECIFICATIONS
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RFQ F-09-IO
IV. GENERAL SPECIFICATIONS
1. Each Bid shall be in accordance with Request for Bids (RFQ) Number RFQ F-09-10. All
specifications are minimum. CONTRACTOR are expected to meet or exceed these specifications as
written. Contractor shall attach to their Bid a complete detailed itemization and explanation for each
and every deviation or variation from the RFO specifications and requirements. Conditional Bids, or
those that take exception to the RFO specifications and requirements, may be considered non-
responsive and may be rejected.
2. The City reserves the right to accept or reject any and all Bids and to award a contract to the
Contractor whom best meets the CITY"S requirements. This may include waiver of minor
irregularities or discrepancies, or nonconformity to specifications in appropriate circumstances.
Purchase shall be on a best buy basis after due consideration of all relevant factors, including but not
limited to, workmanship, accessibility of parts and service, known evidence of manufacturer's
responsibility and record, durability and known operational record of product and suitability as well as
conformity to City needs and requirements. In all cases the best interest of the City shall prevail in all
contract awards.
3. The City of San Bernardino reserves the right to purchase more or less than the quantities specified at
unit prices Bid.
4. Bids shall be firm offers, subject to acceptance or rejection within 90 days of the opening thereof.
5. Regular dealer. No Contractor shall be acceptable who is not a reputable manufacturer or dealer of
such items as submitted for Bid consideration.
6. All materials, workmanship and finish entering into the construction of the equipment must be of the
best of these respective kinds and must conform to the character of the equipment and the service for
which it is intended to be used and shall be produced by use of the current manufacturing processes.
"Seconds", factory rejects, and substandard goods are not acceptable.
7. Each Contractor shall submit with their Bid a copy of the proposed product specifications, complete
detailed drawings, and other descriptive matter in sufficient detail to clearly describe the equipment,
materials and parts offered.
8. Manufacturer and/or Contractor shall defend any and all suits and assume all liability for any and all
claims made against the City of San Bernardino, or any of its officials or agents for the use of any
patented process, device or article forming a part of equipment or any item furnished under the
contract.
9. Each Coniractor must state in their Bid the guaranteed delivery date of product and/or services in
number of calendar days from the date of contract execution by the City of San Bernardino. time is of
the essence relative to this contract. Contractor shall prosecute the work continuously and diligently
and shall deliver the items at the earliest possible date following the award of the contract.
10. Each Contractor shall list in their Bid all factory, manufacturer's and/or dealer's warranty and/or
guarantee coverage and shall submit such written documents evidencing the same attached to the
Bid. .
11. Successful Contractor (Contractor) shall furnish and deliver to the City complete equipment as
proposed and awarded, ready for installation and fully equipped as detailed in these specifications.
12. Price shall be Bid F.O.B. San Bernardino (all transportation charges shall be fully prepaid), and shall
include all discounts. Bid shall include California sales tax, where applicable, computed at the rate of
7.75%, and an additional City of San Bernardino Transaction and Use Tax computed at $0.25%.
where applicable (this will normally be shown as a separate line item on the price form).
13. City shall make payment within thirty (30) days after the complete delivery and acceptance of the
specified items by the City of San Bernardino and receipt of the CONTRACTOR'S priced invoice.
14. All "standard equipmenf' is included in any Bid. CONTRACTOR furnishing Bids under these
specifications shall supply all items advertised as "standard" equipment even if such items are not
stipulated in the specifications, unless otherwise clearly excepted in the Bid.
IS. The items which the Contractor proposes to furnish the City must comply in all respects with the
appropriate safety regulations of all regulatory commissions of the Federal Government and the State
of California, whether such safety features and/or items have been specifically outlined in these
specifications or not.
16. Contractor delivering equipment pursuant to this RFO specifications shall guarantee that equipment
meets specifications as set forth herein. If it is found that equipment delivered does not meet
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RFQ F-09-10
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requirements of these specifications the Contractor shall be required to correct the same at their own
expense.
17. By submitting a Bid. each Contractor agrees that in the event complete delivery is not made within the
time or times set forth pursuant to this specification. damage will be sustained by the City. and that it
is. and will be impractical and extremely difficult to, ascertain the actual damage which the City will
sustain in the event of and by reason of such delay.
18. In case the delivery of the items under this contract is delayed due to strikes. injunctions, government
controls, or by reason of any cause or circumstance beyond the control of the Contractor. the time for
delivery may be extended (in the CITY'S sole discretion) by a number of days to be determined in
each instance by mutual written agreement between the Contractor and the Purchasing Division of the
City of San Bernardino. The City shall not unreasonably refuse such extension.
19. Contract. Each Bid shall be submitted and received with the understanding that acceptance by the
City of San Bernardino of Bid in response to this solicitation shall constitute a contract between the
Contractor and the City. This shall bind the Contractor to furnish and deliver at the prices proposed
and in complete accordance with all provisions of RFQ No. RFQ F-09-10. In most cases the basis of
award will be the CITY'S standard purchase order that mayor may not incorporate this solicitation by
reference.
20. Prohibited interest. No member. officer, or employee of the City or of any agency of the City during his
tenure or for one year thereafter shall have any interest, direct or indirect in this contract or the
proceeds thereof. Furthermore, the parties hereto covenant and agree that to their knowledge no
board member, officer or employee of the City has any interest, whether contractual, non-contractual,
financial or otherwise. in this transaction. or in the business of the contracting party other than the City,
and that if any such interest comes to the knowledge of either party at any time, a full and complete
disclosure of all such information will be made in writing to the other party or parties, even if such
interest would not be considered a conflict of interest under Article 4(commencing with Section 1090)
or Article 4.6 (commencing with Section 1120) of Division 4 of Title I of the Government Code of the
State of California.
21. One Document. These specifications, the Request for Bid, RFQ F-09-10, the CONTRACTOR'S Bid.
any written agreement executed by the parties, the purchase order and all documents referred to in
the complete specifications and purchase order, and all written modifications of said documents shall
be construed together as one document. Anything called for in anyone of said documents shall be
deemed to be required equally as if called for in all. Anything necessary to complete the work properly
shall be performed by the contractor, whether specifICally set out in the contract or not. All sections of
the specifications shall be read as constituting a whole and not as an aggregation of individual parts,
and whatever is specified in one section shall be construed as applying to all sections.
22. The City of San Bemardino reserves the right to accept or reject any and all Bids.
23. Prompt payment. Each Contractor may stipulate in their Bid a percentage prompt payment discount to
be taken by the City in the event the City makes payment to the Contractor within ten (10) working
days of receipt of material and approval of invoice. For the purpose of this provision, payment is
deemed to be made on the date of mailing of the City check. NOTE: prompt payment discounts will
only be used during Bid evaluation in the case of ties.
24. Inquiries. Direct all inquiries to Deborah R. Morrow at 909-384-5086. Technical questions may be
sent via fax to 909-384-5043. The answers to material questions will be provided in writing by
Addendum(s) to all potential Contractor.
25. Bid/Price forms. No Bid will be acceptable unless prices are submitted on the pricing forms fumished
herein. and all required forms are completed and included with Bid. Deliver all Bids. signed and
sealed, to the Purchasing Division, Finance Department at 300 North "0" Street, 4th Floor. City Hall,
San Bernardino, California 92418. CLEARLY MARK THE RFQ SPECIFICATION TITLE "Modular
Buildings and Related Equipment" AND NUMBER RFQ F-09-10 ON THE OUTSIDE OF THE
ENVELOPE.
26. Time. All Bids must be received in the Purchasing Division no later than 3:00 PM, PST, MARCH 17,
2009, where at such time and said place Bids will be publicly opened, examined and declared. Any
Bid may be withdrawn by Contractor prior to the above scheduled time for the opening of Bids. Any
Bid received after that time and date specified shall NOT be considered.
27. The City of San Bernardino reserves the right at its own discretion to award separate contracts for
each category, or to award multiple contracts, or to award one contract for furnishing and delivering of
all equipment and/or services in all categories.
33
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RFQ F-09-10
28. Equipment. In the purchase of equipment, Contractor shall be required to fumish one (1)
OPERATORS MANUAL and one (1) PARTS MANUAL for all equipment Bid.
29. In submitting a Bid to a public purchasing body, the Contractor offers and agrees that if the Bid is
accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action
it may have under Section 4 of the Clayton Act (U.S.C. Sec 15) or under the Cartwright Act (Chapter
2, commencing with Section 16700 of Part 2 of Division 7 of the Business and Professions Code),
arising from purchases of goods, materials, or services by the Contractor for sale to the purchasing
body pursuant to the Bid. Such assignment shall be made and become effective at the time the
purchasing body tenders final payment to the Contractor.
30. Contractor shall indemnify, defend and hold City, its officers, employees and agents harmless from
any claim, demand, liability, suit, judgment or expense (including, without limitation, reasonable costs
of defense) arising out of or related to CONTRACTOR'S performance of this agreement, except that
such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is
caused by CITY'S willful misconduct or sole negligence. The costs, salary and expenses of the City
Attorney and members of his office in enforcing this Agreement on behalf of the City shall be
considered as "attorney's fees" for the purposes of this paragraph.
31. While not restricting or limiting the foregoing, during the term of this Agreement, Contractor shall
maintain in effect policies of comprehensive public, general, and automobile liability insurance, in the
amount of $1,000,000 combined single limit, and statutory worker's compensation coverage, and shall
file copies of said policies with the CITY'S Risk Division prior to undertaking any work under this
Agreement. The pOlicies shall name the City as an additional insured and shall provide for ten (10)
day notification to the City if said poiicies are terminated or materially altered.
32. BID BOND 1 FAITHFUL PERFORMANCE BOND. The Contractor will be required to furnish a
cashier's check, certified check or Bid Bond and Faithful Performance Bond (upon award) made
payable to the City of San Bernardino in an amount equal to 10% 1100% of the Bid price to insure the
CONTRACTOR'S bid and faithful performance (upon award) of this contract. Said surety shall be
subject to the approval of the City of San Bernardino, bonds shall be in accordance with Ordinance
No. 821, Section 2400, and the corporation issuing said bond shall have a rating in Best's most recent
insurance guide of "p.:' or better.
33. Written contract documents, duly authorized and signed by the appropriate authority, constitute the
complete and entire agreement(s) that may result from the RFQ.
34. City may, at its discretion, exercise option year renewals for up to 2 years, in one year increments.
35. By submitting a Bid, Contractor warrants that any and all licenses and/or certifications required by law,
statute, code or ordinance in performing under the scope and specifications of this RFQ are currently
held by Contractor, and are valid and in full force and effect. Copies or legitimate proof of such
licensure and/or certification shall be included in CONTRACTOR'S response. Bids lackina cODles
and/or Droof of said licenses and/or certifications mav be deemed non-resDonsive and may be
reiected.
36. Once the award has been made and prior to the commencement of the job, the CITY'S Municipal
Code (M.C. 5.04.005) requires that a Business doing business with the City, obtain and maintain a
valid City Business Registration Certificate during the term of the Agreement.
37. Vendor (Contractor)1 Consultant services agreement(s) (VSAlCSA). A signed vendor/Consultant
service agreement may be required between both parties prior to commencement of the job.
24
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Prevailing Wage Rates
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Page 1 01'21
GENERAL DECISION: CA20080037 04/17/2009 CA37
Gate: April 17, 2009
General Decision Number: CA20080037 04/17/2009
State: California
Superseded General Decision Number: CA20070037
Construction Types: Bui~ding, 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
o
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
ASBE0005-002 08/07/2007
Publication Date
02/08/2008
02/15/2008
02/22/2008
02/29/2008
03/07/2008
03/28/2008
04/04/2008
04/11/2008
05/09/2008
06/20/2008
07/04/2008
07/11/2008
08/01/2008
08/15/2008
08/29/2008
09/12/2008
10/03/2008
01/02/2009
02/06/2009
02/27 /2009
03/06/2009
04/03/2009
04/17 /2009
Rates
Fringes
Asbestos Workers/Insulator
(Includes the application of
all insulating materials,
protective coverings,
coatings, and finishes to all
types of mechanical systems) .....$ 37.01
Fire Stop Technician
(Application of Firestopping
Materials for wall openings
and penetrations in walls,
floors, ceilings and curtain
walls)........................... $ 20.76
10.84
10.23
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Page 2 of21
ASBE0005-004 08/07/2CJ6
Rates
Fringes
Asbestos Removal
worker/hazardous material
handler (Includes
preparation, wetting,
s~ripping, removal,
s~rapping, vacuuming, bagging
a~d disposing of all
i~sulation materials from
mechanical systems, whether
~~ey contain asbestos or not) ....$ 19.55
6.38
BOIL0092-003 10/01/2008
Rates
Fringes
BOILERMAKER.... ........... .......$ 39.24
20.26
3RCA0004-011 05/01/2008
Rates
Fringes
Bricklayer; Marble Setter... .....$ 34.08
9.70
BRCA0018-004 06/01/2008
Rates
Fringes
i1ARBLE FINISHER.... ..... ... ......$ 25.52
TILE FINISHER.................... $ 21. 07
TI LE LAyER.............. . . . . . . . . . $ 32. 05
9.08
7.88
11.99
* BRCA0018-010 09/01/2008
Rates
Fringes
:ERRAZZO FINISHER...... ..........$ 26.59
TERRAZZO WORKER/SETTER...... .....$ 33.63
9.62
10.46
CARP0409-001 07/01/2008
Rates
Fringes
,:ARPENTER
(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
9.82
9.82
9.82
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Page 3 0[21
(4) Pneumatic !\;ai.2.er,
Power Stapler........ .......$ 37.60
(5) Sawfiler...............$ 37.44
(6) Scaffold 8uilder.. .....$ 28.55
(7) Table Power Saw
Operator. . . . . . . . . . . . . . . . . . . . $ 37.45
9.82
9.82
9.82
9.82
FOOTNOTE: Work of forming in the constructi8~ ~~ open cut
sewers or storm drains, on operations in whi2~ horizontal
lagging is used in conjunction with steel H-Beams driven or
placed in pre- drilled holes, for that porLio~ of a lagged
trench against which concrete is poured, nameJy, as a
substitute for back forms (whiCh work is perfcrmed by
piledrivers): $0.13 per hour additional. Certified Welder
- $1.00 per hour premium.
CARP0409-002 07/01/2008
Rates
F~i!:.ges
Diver
(1) Wet..................... $ 663.68
(2) Standby.................$ 331.84
(3) Tender..................$ 323.84
(4) Assistant Tender........$ 299.84
9.82
9.82
9.82
9.82
Amounts in "Rates' column are per day
CARP0409-005 07/01/2008
Rates
Fringes
Drywall
DRYWALL INSTALLER/LATHER....$ 37.35
STOCKER/SCRAPPER... ..... ....$ 10.00
10.10
6.67
CARP0409-008 07/01/2008
Rates
~ringes
Modular Furniture Installer.... ..$ 19.00
7.4:
ELECOOII-002 03/01/2008
COMMUNICATIONS AND SYSTEMS WORK
Rates
Fringes
Co~~unications System
Installer...................$ 26.43
Technician......... .........$ 28.23
3'+7.60
3'C+7.60
SCOPE OF WORK:
Installation, testing, service and maintenance of systems
utilizing the transmission and/or transference of voice,
sound, vision and digital for commercial, educationa~,
security and entertainment purposes for the following: TV
monitoring and surveillance, background-foreg~ound music,
intercom and telephone interconnect, inventory control
systems, microwave transmission, multi-media, ~u~tiplex,
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~Jrse call systems, raj~~ page, school interco~ a~d sound,
burglar alarms, fir~ ~~arm (see last paragr~pr. beLow) and
low voltage master rlc,'k systems in commercial b~ildings.
~omrnunication Systems ~na~ transmit or receive information
and/or control sys!ems that are intrinsic tc t~e above
listed systems; incl~s~or. or exclusion of terffii~a~ions and
testings of conduct~r~ determined by their func~ion;
excluding all oth~r O~~~ systems or multiple systems which
include control function or power supply; excl~ding
installation of raceway systems, conduit systeffis, line
voltage work, and energy management systems. Does not
cover work performed at China Lake Naval Ordnance Test
Station. Fire. alarm ~ork shall be performed at the current
inside wireman total cost package.
----------------------------------------------------------------
. ELEC0477-002 06/01/2008
Rates Fringes
L:.ectricians:
Electrician.... ..... ........$ 34.00 3.+14.70
CABLE SPLICER: $1.00 pe~ hour above Electrician ~~~e.
TUNNEL WORK: 10% above Electrician rate.
ZONE PAY:
Zone A - 80 road miles from Post Office, 455 Ora~ge Show
Lane, San Bernardinc, ~~ll be a free zone for al~
contractors
Zone B - Any work pe~formed outside Zone A's eo road miles,
shall. add $8.00 per hour to the current wage sea 1 e.
ELEC1245-001 06/01/2008
Rates
Fringes
LINE CONSTROCTION
(1) Lineman; Cable splicer..$ 43.07
(2) Equipment specialist
{operates crawler
tractors, commercial motor
vehicles, backhoes,
trenchers, cranes (50 tons
and below), overhead &
underground distribution
line equipment) .... .......$ 34.40
(3) Groundman. ..............$ 26.31
(4) Powderman............... $ 38.46
12.57
11.53
11.29
11. 69
HOLIDAYS: New Year's Day, .M.L. King Day, Memorial Day,
Independence Day, Labor Day, Veterans Day, Thanksgiving Day
and day after Thanksgiving, Christmas Day
ELEV0018-001 01/01/2009
Rates
Frir:ges
ELEVATOR MECHANIC. . . . . . . . . . . . . . . . $ 44.10
'..8.285
FOOTNOTE:
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?AIC VACATION: Emplo:r-2r '=:oL:.ributes 8~ of regul.ar bCLlrly
rate as vacation pay ~~~di~ for employees with ~ore than 5
years of service, an~ ~ for 6 months to 5 years of service.
PAID HOLIDAYS: New Yea~5 Day, Memorial Day, Independence Day,
Labor Day, Veterans Day, ~~a~ksgiving Day, Friday after
Thanksgiving, and ChristrridS ~ay.
* ENGI0012-003 07/01/20:;
Rates
Fringes
POWER EQUIPMENT OPERATOR :A:l
Other Work)
GROUP 1.................... $ 35.28
GROUP 2....................$ 36.06
GROUP 3.................... $ 36.35
GROUP 4....................$ 37.84
GROUP 5.................... $ 38.94
GROUP 6.................... $ 38.06
GROUP 7....................$ 39.16
GROUP 8.................... $ 38.17
GROUP 9....................$ 39.27
GROUP 10....................$ 38.29
GROUP 11.................... $ 39.39
GROUP 12....................$ 38.46
GROUP 13.................... $ 38.56
GROUP 14....................$ 38.59
GROUP 15.................... $ 38.67
GROUP 16....................$ 38.79
GROUP 17.................... $ 38.96
GROUP 18.................... $ 39.06
GROUP 19.................... $ 39.17
GROUP 20....................$ 39.29
GROUP 21....................$ 39.46
GROUP 22.............. . . . . . . $ 39.56
GROUP 23.................... $ 39.67
GROUP 24..... ..... ..........$ 39.79
GROUP 25....................$ 39.96
POWER EQUIPMENT OPERATOR
(Cranes, Piledriving &
Hoisting)
GROUP 1....................$ 36.63
GROUP 2 . . . . . . . . . . . . . . . . . . . . $ 37. 41
GROUP 3....................$ 37.70
GROUP 4....................$ 37.84
GROUP 5.................... $ 38.06
GROUP 6.................... $ 38.17
GROUP 7....................$ 38.29
GROUP 8.................... $ 38.46
GROUP 9....................$ 38.63
GROUP 10.. ...................$ 39.63
GROUP 11....................$ 40.63
GROUP 12.................... $ 41. 63
GROUP 13.................... $ 42. 63
POWER EQUIPMENT OPERATOR
(Tunnel Work)
GROUP 1.................... $ 37.13
GROUP 2.................... $ 37.91
GROUP 3.................... $ 38.20
GROUP 4.................... $ 38.34
16.47
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16.47
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GROUP
GROUP
GROUP
5....................$ 38.56
6....................$ 38.67
7....................$ 38.79
~6.~7
:6.47
16.47
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?R::::MI'JM PAY:
$3.75 per hour shall be paid on all Power Equipment Operator
work on the followjng Military Bases: China Lake Naval
Reserve, Vandenberg AFB, Point Arguello, Seely Naval Base,
Fort Irwin, Nebo Annex Marine Base, Marine Corp Logistics
Base Yermo, Edwards AFB, 29 Palms Marine Base
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Workers required to suit up and work in a hazardous material
environment: $2.00 per hour additional. Combination mixer
and compressor operator on gunite work shall be classified
as a concrete mobile mixer operator.
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POWER EQUIPMENT OPERATORS CLASSIFICATIONS
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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;
Ge~erator operator; Gene=ator, pump or compressor plant
operator; Pump operator; Signalman; Switchman
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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 pla~t;; 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
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GROUP 3: Asphalt-rubber b:end 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
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GROUP 4: Asphalt plant fireman; Backhoe operator (mini-max or
similar type); Boring machine operator; Boxman or mixerman
(asphalt or concrete}; Chip spreading machine operator;
Concrete cleaning decontamination machine operator;
Concrete Pump Operator (small portable); Drilling machine
operator, small auger types (Texoma super econornatic 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-harnmer-aero stomper; Micro Tunneling (above ground
t~nnel); Power concrete c~ring 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
~oncrete); Trenching machine operator (up to 6 ft.); Vacuum
or much truck
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GROuP 5: Equipment Greaser (Grease Truck/Multi Shift).
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~ROU? 6: Articulating ma:~rial hauler; Asphalt ~~a:~:
engineer; Batch plant operator; Bit sharpener: C,]~c~ete
joint machine operator (~anal and similar type); CJncrete
planer operator: Dandy digger; Deck engine opera:or;
Derrickrnan (oilfield type;: Drilling machine op~ra~0r,
bucket or auger types (Calweld 100 bucket or si~i~ar types
- ~atson 1000 auger or similar types - Texoma 330, 500 or
600 auger or similar types - drilling depth of ~~.
maximum); Drilling machine operator: Hydrographi2 seeder
machine operator (straw, pulp or seed), Jackson track
maintainer, or similar type: Kalamazoo Switch :amp~r, or
similar type: Machine tool operator: Maginnis internal full
slab vibrator, Mechanical berm, curb or gutter:concrete or
asphalt); Mechanical finisher operator (concrete,
\--:~ary-Johnson-Bidwell or similar); Micro tunnel system
(oe:ow ground); Pavement breaker operator (truck mounted);
Road oil mixing machine operator; Roller operator (asphalt
or finish), rubber-tired earth moving equipment (si~gle
er.gine, up to and including 25 yds. struck); Self-propelled
~ar pipelining machine operator; Skiploader operator
~2rawler and wheel type, over 3/4 yd. and up to and
including 1-1/2 yds.); Slip form pump operator (power
jr~ven hydraulic lifting device for concrete for~s);
Tractor operator-bulldozer, tamper-scraper (single engine,
,x to 100 h.p. flywheel and similar types, up tc and
including D-5 and similar types); Tugger hoist operator (1
drum); Ultra high pressure waterjet cutting tool system
c~erator; Vacuum blasting machine operator
'~0~P 7: Welder - General
G?OUP 8: Asphalt or concrete spreading operator '~amping or
finishing); Asphalt paving machine operator (Barber Greene
~r similar type); Asphalt-rubber. distribution opera:or;
Backhoe operator (up to and including 3/4 yd.), s~all ford,
~ase or similar; Cast-in-place pipe laying mac~i~e
::perator; Combination mixer and compressor opera:or (gunite
,!o~k); Compactor operator (self-propelled); Cons~ete mixer
;)perator (paving); Crushing plant operator; Dril~ Doctor;
Crilling machine operator, Bucket or auger types (Calweld
:50 bucket or similar types - Watson 1500, 20C~ 2~OO auger
or similar types - Texoma 700, 800 auger or similar types -
drilling depth of 60' maximum); Elevating grader operator;
Grade checker; Gradall operator; Grouting rnachir.e operator;
~eavy-duty repairman; Heavy equipment robotics operator;
Ka~amazoo balliste regulator or similar type; Kol~lan belt
l8ader 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
siffiilar types; P.C. slot saw; Pneumatic concrete placing
machine operator (Hackley-Presswell or similar type);
F~npcrete 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 incl~~ing 50 cu.
yds. struck); Rubber-tired earth-moving equipment operator
(multiple engine up to and including 25 yds. str~ck);
Rubber-tired scraper operator (self-loading paddle wheel
type-John Deere, 1040 and siffiilar single unit); Self-
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propelled 2Jrb and ~~:ter machine operator; S~~t:~t t~ggy;
Skiploader ClperatoY' (:::rawler and wheel type C'l~r :-1/2 yds.
up to and includin~ 6-:/2 yds.); Soil remedia:~0~ 91ant
operator; Surface heaters and planer operator; ~ractor
compressor drill combination operator; Tractor operator
(any type larger thar, 0-5 - 100 flywheel h.p. anG 01i8r, or
similar-bulldozer, ~amper, scraper and push ~ra2tor single
engine); Tractor of"'erator (boom attachments), Tra?E:ling
pipe wrapping, cleaning and bendng machine operator;
Trenching machine operator (over 6 ft. depth capacity,
manufacturer's rating); trenching Machine ~ith Read Miner
attachment (over 6 ft depth capacity): Ultra hi?h pressure
waterjet cutting tool system mechanic; Water ~u~l
(compaction) operator
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GROUP 9: Heavy Duty Repairman
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GROUP 10: Drilling machine operator, Bucket or auger types
(Calweld 200 B bucket or similar types-Watson 3000 or 5000
auger or similar types-Texoma 900 auger or similar
types-drilling depth of 105' maximum); Dual dr~m mixer,
dynamic compactor LDC350 (or similar types); Monorail
locomotive operator (diesel, gas or electric); ~cto~
patrol-blade operator (single engine); Multipl~ engine
tractor operator (Euclid and similar type-exceF~ Quad 9
cat.); Rubber-tired earth-moving equipment operator (single
engine, over 50 yds. struck); Pneumatic pipe ra~ming tool
and similar types; Prestressed wrapping machine operator;
Rubber-tired earth-moving equipment operator (s~~gle
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. stru2k), 70wer
crane repairman; Tractor loader operator (crawler and wheel
type over 6-1/2 yds.); Woods mixer operator (3~j similar
pugmill equipment)
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,3ROUP 11: Heavy Duty Repairman - Welder Combinat:on, Welder -
Certified.
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GROUP 12: Auto grader operator; Automatic slip form operator;
Srilling 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 rarr or si~ilar
with compressor; Mass excavator operator less tha 750 cu.
yards; Mechanical finishing machine operator; Mobile form
traveler operator; Motor patrol operator (mul:i-engine);
Pipe mobile machine operator; Rubber-tired earth- movi~g
equipment operator (multiple engine, Euclid, Cd~erpiJ~ar
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)
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GROUP 13: Rubber-tired earth-moving equipment operator
operating equipment with push-pull system (single engine,
up to and ij;cluding 25 yds. struck)
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GROUP 14: Canal liner operator; Canal trimmer operator;
Remote- control earth-moving equipment operator (operating
a second piece of equipment: $1.00 per hour additio~al);
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Wheel excavator op~~~-:< cve~ 750 cu. yds.)
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GROUP 15: Rubber-i: ir7':: ea~th-moving equipment. cr:,,="ra:or,
operating equipment. '",,'2 ::--; push-pull system (sinq-,--:: ~ngine,
Caterpillar, Eucli~, A:~~y Wagon and similar types with any
and all attachments over 2S yds. and up tc a~d ~ncl~ding 50
yds. struck); R~bbe~-~~red earth-moving eq~i~~~~: operator,
operating equiprrp~~ w~~h rush-pull system (~Gltjple
engiqe-up to and i0cl~ding 25 yds. struck)
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GROUP 16: Rubber-t~r~j earth-moving equipme~~ C~~~d:or,
operating equipment :,.,,'_,;-_h push-pull system (single pngine,
over 50 yds. struck); R~bber-tired earth-moving eqGipment
operator, operating ~quipment with push-pull system
(multiple engine, E~~lid, Caterpillar and similar, Q~er 25
yds. and up to.50 yes. struck)
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GROUP 17: Rubber-tired earth-moving equipment operator,
operating equipment y;ith 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)
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GROUP 18: Rubber-tired earth-moving equipment operator,
operating in tanderr. (s=rapers, belly dumps and similar
types in any combi~atiGn, excluding compaction units -
single engine, up to and including 25 yds. struck)
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GROUP 19: Rotex con~~ete belt operator (or similar types);
Rubber-tired earth-mo\'~ng 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 ever 25 yds.and up to and includi~g 50
cu. yds. struck); Rubber-tired earth-moving equipme~t
operator, operating i~ tandem (scrapers, belly dumps and
similar types in any combination, excluding compaction
units - multiple engi~e, up to and including 25 yds. struck)
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GROUP 20: Rubber-tirej earth-moving equipment operator,
operating in tande~ ;s=rapers, belly dumps and siffiilar
types in any combi0.atio~, excluding compaction units -
single engine, over 5~' yds. struck); Rubber-tired
earth-moving equipmen~ operator, operating in tandem
(scrapers, belly dumps, and similar types in any
combination, excluding compaction units - multiple engine,
Euclid, Caterpillar a~d similar, over 25 yds. and ~p to 50
yds. struck)
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GROUP 21: Rubber-tirsri earth-moving equipment opera~or,
operating in tandem (scrapers, belly dumps and similar
types in any combinat. i.:);:, excluding compaction units -
multiple engine, Suclid, Caterpillar and similar type, over
50 cu. yds. struck)
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GROUP 22: Rubber-ti~~d earth-moving equipment ogera~Qr,
operating equipment w~th the tandem pUSh-pull sys~em
(single engine, up to and including 25 yds. struck)
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GROUP 23: Rubber-tirEd earth-moving equipment ,:;opeL:'; '::or,
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operating equipment wi:L -:;-";2 ta.ndem push-pull system
(single engine, Cat~r~i ~~ar, Euclid, Athey Wagon and
similar types with any ~~d ~ll attachments over ~~ yds. and
up to and including 50 yds. struck); Rubber-tired
earth-moving equipme~~ cper~~or, operating with t~e tandem
push-pull system (m~lt:~le engine, up to and including 25
yc:is. struck)
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GROUP 24: Rubber-tired earth-moving equipment operator,
operating equipment with the tandem push-pull system
(single engine, over 52 yos. struck); Rubber-tired
earth-moving equipment oper3~or, operating equipment with
the tandem push-pull system (multiple engine, Euclid,
Caterpillar and similar, over 25 yds. and up to 50 yds.
struck)
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GROUP 25: Concrete pump operator-truck mounted; Rubber-tired
earth-moving equipment Dpe1:'dtor, operating equipment with
the tandem push-pull sys~e~ (multiple engine, Euclid,
Caterpillar and similar Lype, over 50 cu. yds. struck)
CRANES, PILEDRIVING AND HO"S~ING EQUIPMENT CLASSIFICATIONS
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GROUP 1: Engineer oiler; F0rk lift operator (includes Ioed,
lull or similar types:
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GROUP 2: Truck crane oiler
GROUP 3: A-frame or Wlnc~ ~ruck operator; Ross carrier
operator (jobsitel
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GROUP 4: Bridge-type u~;~ader and turntable operator;
Helicopter hoist operatcr
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GROUP 5: Hydraulic boo~ :r~ck; Stinger crane (Austin-Western
or similar type); Tugger h8ist operator (I drum)
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GROUP 6: Bridge crane opera:or; Cretor.crane operator; Hoist
operator (Chicago boom and similar type); Lift mobile
operator; Lift slab mac~ine operator (Vagtborg and similar
types); Material hoisL a~d/or ~anlift 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
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GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline,
clamshell operator (over 5 cu. yds. mrc); Tower crane
repair; Tugger hoist operator (3 drum)
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GROUP 8: Crane operato~ (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.)
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GROUP 9: Crane operator (ove~ 25 tons and up to and i~cluding
50 tons mrc); Derrick barge operator (over 25 tons up to
and including 50 tons mre); Eighline cableway operator;
Hoist operator, stiff leqs, Guy derrick or similar type
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:~ver 25 tons up to a~J ~~c:Jding 50 tons mrel; K-crane
operator; Polar cran~ operator; Self erecting towe~ crane
operator maximum lift.ir:J '~3pacity ten tons
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GRO~P 10: Crane operator (8ver 50 tons and up to and
i;,ciuding 100 tons mre); Jerrick barge operator (over 50
~cns up to and includ~~g 10C tons mre); Hoist operator,
::;...._iff leg's, Guy derr.:,::(. c,r- s:milar type (over 5.~~ tons up to
a~d including 100 to~s mre), Mobile tower crane operator
(over 50 tons, up to and including 100 tons M.R.C.); Tower
~rane operator and tower g6ntry
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GROUP 11: Crane operator (over 100 tons and up to and
including 200 tons mre); Derrick barge operator (over 100
~ons up to and including 200 tons mrc)i 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 ~ncluding 200 tons mre)
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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 mre); 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 inclcding 300 tons mrc)
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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)
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TUNNEL CLASSIFICATIONS
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GROUP 1: Skiploader (wheel type up to 3/4 yd. without
attachment)
GROUP 2: Power-driven jumbo form setter operator
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GROUP 3: Dinkey locomotive or motorperson (up to and
including 10 tons)
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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 t~ and including
30 tons)
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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 cop-crete placing machine operator
(Hackley-Presswell or simi~ar type); Pneumatic heading
shield (tunnel); Pumpcrete gun operator; Tractor compressor
jrill combination operat~~; Tugger hoist operator (2 drum);
Tunnel locomotive operator (over 30 tons)
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GROUP 6: Heavy Duty Repairffia~
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GR~JF 7; Tunnel mole boring machine operator
----------------------------------------------------------------
FNGIOOI2-004 08/01/2008
Rates
::'~inles
FG~FB EQUIPMENT OPERATOR
". r';EJGTNG)
(1) Leverman................$ 43.28
(2) Dredge dozer............$ 38.81
(3) Deckmate................$ 38.70
(4) Winch operator (stern
winch on dredge)............$ 38.15
(5) Fireman-Oiler,
Deckhand, Bargeman,
Leveehand.. . . . . . . . . . . . . . . . . . $ 37.61
(6) Barge Mate..............$ 38.22
:6.47
16.47
: 6.47
:6.47
:6.47
16.47
IBON0002-004 07/01/2008
Rates
crlnges
:rc:1'l'lorkers:
Fence Erector... ........ ....$ 25.96
Ornamental, Reinforcing
and Structural...... ........$ 31.83
: 4. 08
22 .17
E"R':::r'lIUM PAY:
$~.OO additional per hour at the following locatic~3:
Crli~a Lake Naval Test Station, Chocolate Mountains \aval
Re~erve-Niland,
Edwards AFB, Fort Irwin Military Station, Fort Irw:~ ~raining
C~~:er-Goldstone, San Clemente Island, San Nicholas :sland,
S'...s5::lville Federal Prison, 29 Palms - Marine' Co::ps, T). S. Marine
Bsse - Barstow, U.S. Naval Air Facility - Sealey, .'a:!denberg AFB
$~.OO additional per hour at the following locatic:i.s:
Arr:<:1' Defense Language Institute - Monterey, Fall:::~; .;.~:: Base,
Naval Post Graduate School - Monterey, Yerrno Marin~ :orps
Lcgistics Center
$2.00 additional per hour at the following locatio~s:
Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock
LAB00300-001 07/01/2008
Rates
Fr~nges
Brick Tender................ .....$ 27.17
13.75
LAB00300-003 07/01/2008
Rates
Fr irqes
U\BORER (GUNITEI
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GROUP 1.....................$ 29.79
GROUP 2..................... $ 28.84
GROUP 3..................... $ 25.30
LABORER (TUNNEL)
GROUP 1..................... $ 30.74
GROUP 2.....................$ 31.06
GROUP 3..................... $ 31. 52
GROUP 4..................... $ 32.21
L,c.BORER
GROUP 1.....................$ 26.33
GROUP 2.. . . . . . . . . . . . . . . . . . . . $ 26.88
GROUP 3..................... $ 27.43
GROUP 4..................... $ 28.98
GROUP 5..................... $ 29.33
Laborers:
GROUP 1.....................$ 26.33
GROUP 2.....................$ 26.88
GROUP 3.....................$ 27.43
GROUP 4..................... $ 28.98
GROUP 5.....................$ 29.33
],6.87
l6.87
16.87
14.04
l4 .04
.: ~ .04
" ~ .04
13.75
:':3.75
13.75
13.75
:3. ,5
:3.75
13.75
l3.75
13.75
13.75
FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a
Bosn'n's Chair or suspended from a rope or cable s~~ll
receive 40 cents per hour above the foregoing applicable
c~assification rates. Workers doing gunite and/or
shotcrete work in a tunnel shall receive 35 cents per nour
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 siTilar
type of structure, when such structure is in excess of
75'-0" above base level and which work must be per-farmed in
whole or in part more than 75'-0" above base level, :hat
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; Con:rete
screeding for rough strike-off; Concrete, water curi~g;
~elliolition laborer, the cleaning of brick if per~cr~ed by a
worker performing any other phase of demolition WOYf., and
the cleaning of lumber; Fire watcher, limber, brush :oader,
piler and debris handler; Flag person; Gas, oil and/or
water pipeline laborer; Laborer, asphalt-rubber material
loader; Laborer, general or construction; Laborer, general
~lean-up; Laborer, landscaping; Laborer, jetting; Laborer,
temporary water and air lines; Material hose operator
('dalls, slabs, floors and decks); Plugging, filli:-:tj c.f 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
~ixer and handling bulk cement); Cesspool digger and
installer; Chucktender; Chute handler, pouri~g conc~ete,
the handling of the chute from readyrnix trucks, such as
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Page 14 of~l
',.;/3....1..3, slabs, de-.::ks, :lc:.:-.s, foundation, foOtiri9s, ~~::::-bs,
0'.1+::terS and sidewalks: (':::,;.~rete curer, impervious r:'Lembrane
and form oiler; Cutting - :-~ch operator (demolitio;:); Fine
grader, highways and 5tr~~t paving, airport, runways and
si:'lilar type heavy ::2r:.:::+::r'-...:.=t.:on; Gas, oil and/er water
pipe:ine wrapper - pc: :er,~er and form person; Suinea
~ha5er; Headerboard F2r~._~: - asphalt; Laborer, pa~~ing rod
s~~el and pans; Membra~~ "~r0r barrier installer; ?Jwer
broom sweeper (small); B~~rap stonepaver, placing s~one or
wet sacked concrete; Rotc scraper and tiller; Sandblaster
(poL tender); Septic ta~~ J~gger and installer(leaj); Tank
scaler and cleaner; 7ree ,~;imber, faller, chain SaW
opera tor, Pittsburgh chi:;':;>2r and similar type brush
shredder; Underground ~a0orer, including caisson bellower
GROUP 3: Buggymobile pelsv'i; Concrete cutting torch; Co~crete
pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or
longer; Dri-pak-it rna2hi~e; 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 caus~~c a~j similar type materials
("applying" means applyinr;:, 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 ~ot separately classified herein;
Pipelayer1s backup persc~, =oating, grouting, making of
joints, sealing, caulki~g, diapering and including rubber
gasket joints, pointing a~j any and all other services;
Rock slinger; Rotary scar~fier or multiple head concrete
chipping scarifier; Steei headerboard and guideline setter;
Tamper, Barko, Wacker -ar.::1 similar type; Trenching !nachine,
hand-propelled
GROUP 4: Asphalt raker, ~~te person, ironer, asphalt dump
person, and asphalt spreader boxes (all types); Concrete
core cutter (walls, floors or ceilings), grinder or sander;
Concrete saw person, cutti~g walls or flat work, scoring
old or new concrete; Cribb~r, sharer, lagging, sheeting and
trench bracing, hand-guided lagging hammer; Head rock
slinger; Laborer, asphal:- ~ubber distributor boot person;
Laser beam in connectior. wich laborers' work; Oversize
concrete vibrator opera:or, 70 Ibs. and over; Pipelayer
performing all services i~ 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 ~ipe, 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, 3ir, or other product wha~soever
and without regard to the :iature of material from which the
tubular material is fabricated; No-joint pipe and stripping
of same; Prefabricated manhole installer; Sandblaster
(nozzle person),- water blas~ing, Porta Shot-Blast
GROUP 5: Blaster powder, a~l work of loading holes, placing
and blasting of all powder and explosives of whatev~r type,
regardless 0: method used for such loading and p:ac~ng;
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8riller: All power drills, exc':uding jackhammer, whec:her
:ore, diamond, wagon, trac~:, multiple unit, and any and all
o~her types of mechanical drills without regard to the form
of motive power; Toxic was~e removal
TUNNEL LABORER CLASSIFICATIONS
GROUP 1: Batch plant labQr~r; B~ll gang mucker, track person;
Chang~house person; Concre~e ~rew, including rodder and
spreader; Dump person; Dump person (outside); Swarnper
(brake person and switch pe~sc~ on tunnel work); Tunnel
materials handling person
GROUP 2: Chucktender, cabletender; Loading and unloading
agitator cars; Nipper; PO! :ender, 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;
Kemper and other pneumatic ccncrete 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; S3r:dblaster; Shaft and raise work
GUNITE LABORER CLASSIFICATIONS
II GROUP 1: ROdmen, Nozzlemen
GROUP 2: Gunmen
II GROUP 3: Reboundmen
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~ates
Fringes
LABORER
PLASTER CLEAN-UP LABORER....$ 26.65
PLASTER TENDER...... . . . . . . . . $ 29.20
13.70
13.70
Work at Military Bases - $3.G~ additional per hour:
Coronado Naval Amphibious Base, Fort Irwin, George AFB,
Marine Corps Air Station-29 Palms, Imperial Beach Naval Air
Station, Marine Corps Logis~ics Supply Base, Marine Corps
Pickle Meadows, Mountain Warfare Training Center, Naval
Air Facility-Seeley, Nortr. Island Naval Air Station,
Vandenberg AFB.
LAB00882-002 01/01/2009
Rates
Fringes
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~sbe5t~~5 Removal Laborer... ......$ 26.15
:3.25
S~IJ?E OF WORK: Includes si~e mobilization, initial site
~~ear:up, site preparation, removal of asbestos-containing
~2~erial and toxic waste, ~ncapsulation, enclosure and
jispcsal of asbestos- con~aining materials and ~ox~c waste
ti" n~nd or with equipmen~ or ~achinery; scaffoldin~,
~-ai:::'r-. '.:a,:ion of temporary w''.)oden barriers and assemb~y of
ae:o~~amination stations.
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Lh?Occ84-00l 07/01/2008
Rates
Fringes
L"Q~~e~s: (HORIZONTAL
0I~~C~IONAL DRILLING)
I"! Drilling Crew Laborer...$ 27.05
(2) Vehicle Operator/Hauler.S 27.22
;3) Horizontal Directional
Drill Operator..............S 29.07
(4) Electronic Tracking
Locator.....................S 31.07
Labc~ers: (STRIPING/SLURRY
SEAL)
9.40
9.40
9.40
9.40
GROUP 1..................... $ 27.75
GROUP 2..................... $ 29.05
GROUP 3.....................$ 31.06
GROUP 4..................... S 32.80
12.06
12.06
12.06
12.06
LABORERS - STRIPING CLASSIFICATIONS
GROUP 1: Protective coating, pavement sealing, including
repair and filling of cracks by any method on any surface
i~ parking lots, game courts and playgrounds; carstops;
operation of all related machinery and equipment; equipment
~epair technician
GROUP 2: Traffic surface abrasive blaster; pot tender -
removal of all traffic lines and markings by any method
isandblasting, waterblasting, grinding, etc.) and
~reparation of surface for coa~ings. Traffic control
person: controlling and directing traffic through both
~o~ventional and moving lane closures; operation of all
:__elated machinery and equipment
GROUP 3: Traffic delineating device applicator: Layout and
application of pavement markers, delineating signs, rumble
a~a traffic bars, adhesives, guide markers, other traffic
Qeli~eating devices including traffic control. This
ca~egory includes all traffic related surface preparation
(sandblasting, waterblasting, grinding) as part of the
application process. Traffic protective delineating system
~~staller: removes, relocates, installs, permanently
affixed roadside and parking delineation barricades,
fe~cing, cable anchor, guard rail, reference signs,
s~~u~ent markers; operaticn of all related machinery and
equipme~t; power broom sweeper
GROUF 4: Striper: layout a;;o application of traffic stripes
a~d markings; hot thermo p~as~ic; tape traffic stripes and
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~arki~g5, including traffic cCT1trol; operation of al~
rpl~t~d machinery and equipment
PAINJJ36-001 07/01/2008
Rates
Fri!"'iqes
Pa:~Y~>:-r5: (Including Lead
Aba:er.,ent)
',l; Repaint................. $ 26.05
:,e: All Other Work..........$ 29.32
3.54
c ~,
cJ.....'i
REPA:NT of any structure with the exception of wo=k i~volving
the aerospace industry, breweries, commercial recreational
facilities, hotels which operate commercial establ:shments
as ~art of hotel service, and sports facilities, tenant
improvement work not included in conjunction with the
construction of the building and all repainting of tenant
i~provement projects.
PAIN0036-008 10/01/2008
Rates
Fri:-:?2S
DRYWAL~ FINISHER/TAPER........ ...$ 31.64
11.29
PAIN0036-015 01/01/2009
Rates
Fri::g'?s
GL.I\ZISi<...........................$ 35.30
16.42
FOOTNOTE: Additional $1.25 per hour for work in a .:::o!:.::ior,
fr~~ the third (3rd) floor and up Additional $~.L~ pe=
hG~r for work on the outside of the building from a swing
st.3..J~ or any suspended contrivance, from the ground :_..;p
PAINI2,--G02 01/01/2009
Rates
Fr':'~=1'e.:;
SOFT FlOOR LAYER.................$ 30.85
c ..
PLASC200-008 08/06/2008
Rates
Frinc:Jes
PLAS,ERE:R. . . . . . . . . . . . . . . . . . . . . . . . $ 34.66
8.63
FORT IRWIN; GEORGE AIR FORCE BASE; MARINE CORPS AIR STATION
29 PALMS, AND.MARINE CORPS LOGISTICS SUPPLY BASE: $<.00
addit~o~al per hour.
PLAS0500-002 07/01/2007
Rates
Friw~es
CEMENT MASON/CONCRETE FINISHER...$ 28.00
16.45
PLUM0016-Q02 07/01/2008
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Pagel8of2!
Rates
F.:::- ~:-;ges
?r.UMBER, PIPEFITTER,
STEJi.MFIT'I'ER
(1) Work on strip malls,
2.ight commercial, tenan"-:.
~np~ovement and remodel
work........................$ 28.16
(2) Work on new additions
dnd remodeling of bars,
restaurants, stores and
commercial buildings, not
to exceed 5,000 sq. ft. of
~ loor space................. $ 35.17
(3) All other work..........$ 36.27
(4) Work at Edwards AFB
and George AFB. ......... ....$ 40.77
(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... ... .....$ 43.27
::'~.64
::. 5. '.J:3
::'6.C:'
::'6.:;:
16.01
PLUM0345-001 07/01/2008
Rates
Frin:::;es
PLUMBER
Landscape/Irrigation Fitter.$ 25.98
Sewer & Storm Drain Work....$ 24.62
13.C~
14. :34
ROOFOC36-002 08/01/2008
Rates
Frir:ges
ROOFER. . . . . . . . . . . . . . . . . . . . . . . . . . . $ 31.65
7.8"7
FOOTNOTE: Pitch premium: Work on which employees are exposed
to pi:2h fumes or required to handle pitch, pitch t35e cr
pitch impregnated products, or any material containing coal
tar pitch, the entire roofing crew shall receive $1.75 per
hour "pitch premium" pay.
SFCA0669-009 01/01/2009
Does not include the northern part of the City of Chino, or the
Cities of Montclair and Ontario
Rates
Frir.ges
SPRINKLER FITTER. .... ... .........$ 32.85
16.0:]
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SFCA0709-004 01/01/2009
THE NORTHERN PART OF THE CITY OF CHINO, AND THE CITIES OF
MONTCLAIR AND ONTARIO:
Rates
Fri:-,T?S
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SPRINK~~E:R FITTER (Fire)..........3 ]8.08
19.'5
SHEEC;C5-JJ3 01/01/2009
LOS ANG2~ES (South of a straigr.~ iine drawn between Gorman and
Big Pines) and Catalina Islar:d, It;:"!O, KERN (Northeast part, East
of Hwy 395), MONO ORANGE, Fl\'E~.~:;:::E, AND SAN BERNARCINO CG-.1l~T:ES
Rates
Fringes
SHEET METAL WORKER
(1) Commercial - New
Construction and Remodel
work. . . . . . . . . . . . . . . .. . . . . . .. S 38.57
(2) Industrial work
including air pollution
control systems, noise
abatement, hand rails,
guard rails, excluding
aritechtural sheet metal
work, excluding A-C,
heating, ventilating
systems for human comfort...$ 33.22
16.19
21.74
TEAMOOII-002 07/01/2008
TRUCK DRIVER
GROUP 1.................... S
GROUP 2....................3
GROUP 3....................5
GROUP 4....................5
GROUP 5.................... S
GROUP 6.................... S
GROUP 7.................... S
GROUP 8.................... S
GROUP 9.................... S
GROU P 10.................... S
GROUP 11.................... S
GROUP 12....................5
Rates Fringes
26.44 18.24
26.59 18.24
26.72 18.24
26.91 18.24
26.94 18.24
26.97 18.24
27 .22 18.24
27.47 18.24
27.67 18.24
27.97 18.24
28.47 18.24
28.90 18.24
WORK ON ALL MILITARY BASES:
PREMIUM PAY: $3.00 per hour aG~,oional.
[29 palms Marine Base, Camp Rscerts, China Lake, Edwards ArB,
El Centro Naval Facility, Fo~~ :rwin, George AFB, Marine
Corps Logistics Base at Nebc ~ Yermo, Mountain Warfare
Training Center, Bridgeport, ?cint Arguello, Point
Conception, Vandenberg AFBj
TRUCK DRIVERS CLASSIFICATIONS
GROUP 1: Truck driver
GROUP 2: Driver of vehicle C~ ~ombination of vehicles - 2
axles; Traffic control pilot car excluding moving heavy
equipment permit load; Truck m0~~ted broom
GROUP 3: Driver of vehicle G~ ~ombination of vehicles - 3
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aX~ES; Boot person; Cement ~Ia~~~ distribution tr~cK; F~el
tlH-..:_~k driver; Water truck - :7 ax':e; Dump truck, ~ess -:har.
16 yds. water level; Erosic~ ~~ntrol driver
GROUF 4: Driver of transit ~i:-: '::ruck, under 3 yds.; Dumpcrete
truck, less than 6-1/2 yds. wa:er level
~ROUF 5: Water truck, 3 or ~G~e axles; Truck greaser and tire
person (SO.50 additional fer tire person); Pipeline and
utility working truck driver, in21uding 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 cve~; Vehicle or combination of
vehicles - 4 or more axles; Oi': spreader truck; Dump truck,
16 yds. to 25 yds. water levei
GROUP 7: A Frame, Swedish crar.e or similar; Forklift driver;
Ross carrier driver
GROUP 8: Dump truck, 25 yds. to 49 yds. water level; Truck
repair person; Water pull - si~gle 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 tr~c~ driver - $1.25 additional
when operating winch or simila~ spe~lal attachments
GROUP 12: Boom Truck l7K and above
WELDERS - Receive rate prescribed fo~ craft performing
operation to which welding is incidental.
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Unlisted classifications needed for work not included within
the scope of the classificatio~s listed may be added after
award only as provided in the laber standards contract clauses
(29CFR 5.5 (a) (1) (ii)).
In the listing above, the "5U" designation means that rates
listed under the identifier do not reflect collectively
bargained wage and fringe benefit rates. Other designations
i~dicate unions whose rates have been determined to be
prevailing.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial de=ision in the matter? This can
be:
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*
a~ exi5ti~g published wage d~termination
a s'Jrv~y underlying a wage determination
a W~ge and Hour Division let~er setting forth a positi8n on
a wage determination matter
a ccnformance (additional c:assificat~on and rate; ru:in~
*
On S'~l-V~Y related matters, initial contact, including req1lests
for s~m~aries of surveys, should be with the Wage and HOJr
Regio~~~ Office for the area in which the survey was conducted
beca~~c th~se Regional Offices ~ave responsibility for the
-Davis-Pacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With r~g~rd to arty other matter not yet ripe for the formal
proces~ described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
B~anch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
2JC 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
~.S. Department of Labor
LuG Constitution Avenue, N.W.
Washington, DC 20210
The req~es~ should be accompanied by a full statement of the
interes~ed party's position and by any information (wage
payme~t data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) :f the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) Al~ decisions by the Administrative Review Board are final.
---------------------------------~------------------------------
------------------------------~---------------------------------
END OF GENERAL DECISION
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AGREEMENT FOR SERVICES
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Exhibit "A"
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AGREEMENT FOR SERVICES
This AGREEMENT is made and entered into this of 2009, by and
between the CITY OF SAN BERNARDINO, California, a municipal corporation, hereinafter referred to as the
"CITY" and MODULAR SPACE CORPORATION, hereinafter referred to as "CONTRACTOR".
WITNESSETH
WHEREAS, City desires to obtain construction of Public Services Modular Building Project in San
Bernardino, California; and
WHEREAS, Contractor is qualified and licensed to provide said services; and
WHEREAS, San Bernardino City Council has elected to engage the services of Contractor upon the
terms and conditions as hereinafter set forth; and
NOW, THEREFORE, it is mutually agreed, as follows:
1. SCOPE OF SERVICES
Contractor shall perform those services, specified in Request for Quotation, RFQ F-09-l 0 and as
contained in the bid dated BIDOPENING, March 24, 2009, (which is on file at the City Clerk's
Office) a copy of which is attached hereto as Exhibit "I", and all of which are incorporated
herein as though set forth in full.
2. TERM OF AGREEMENT
Contractor shall commence within five (5) days after the City has authorized work to start by
issuance of a Notice to Proceed.
3. STANDARD OF PERFORMANCE
Contractor shall complete all work in conformance with Federal, State, and local regulations and
industry standards.
4. CHANGESIEXTRA SERVICES
A. Performance of the work specified in the Request for Quotation RFQ F-09-1O dated
2/10/09, are made an obligation of Contractor under this Agreement, subject to any
changes made subsequently upon mutual agreement of the parties. All such changes shall
be considered as additional tasks and shall be incorporated by written amendments to this
Agreement and include any increase or decrease in the amount of compensation due
Contractor for the change in scope. Any change, which has not been so incorporated,
shall not be binding on either party.
B. Contractor shall render no extra services under this Agreement unless City authorizes
such extra services in writing prior to performance of such work. Authorized extra
services shall be invoiced based on the authorized additional task amounts.
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Exhibit "A"
5.
COMPENSATION
A. Upon satisfactory completion of the work. the Contractor will be paid time and material
not to exceed $282,933.00 in arrears, for all work and services performed under this
contract and upon receipt of itemized invoices, submitted in triplicate to the contract
manager. Contractor will submit an invoice to the City after the installation is complete;
a lump sum pavement will be made after completion.
B. Said compensation shall not be altered unless there is significant alteration in the scope,
complexity or character of the work to be performed. City and Contractor shall agree
upon any such significant alteration in writing before commencement of performance of
such significant alteration by Contractor.
Any adjustment of the total cost of services will only be permitted when the Contractor
establishes and City has agreed in writing that there has been, or is to be. a significant
change in:
I. Scope. complexity, or character of the services to be performed;
2. Conditions under which the work is required to be ,performed; and
3. Duration of work if the change from the time period specified in the Agreement
for completion of the work warrants such adjustment.
C. The Contractor is required to comply with all Federal, State and local laws and
ordinances applicable to the work. The Contractor is required to comply with minimum
wage rates in accordance with California Labor Code Section 1770.
6.
PAYMENT BY CITY
A. The billings for all services rendered pursuant to this Agreement shall be submitted every
month by Contractor to City and shall be paid by City within twenty (20) days after
receipt of same. excepting any amounts disputed by City. Dispute over any invoiced
amount shall be noticed to the Contractor within ten (10) days of billing and a meet and
confer meeting for purposes of resolution of such dispute shall be initiated by the City
within (10) days of notice of such dispute. All tasks as specified in Exhibit "I" shall be
completed prior to final payment.
B. No payment will be made for any work performed prior to approval of this contract by
City and Notification to Proceed.
7.
SUPERVISION AND ACCEPTANCE OF SERVICES
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8.
9.
Exhibit"A ..
A. The Director of Facilities Management of City. or his designee, shall have the right of
general supervision over all work performed by Contractor and shall be City's agent with
respect to obtaining Contractor's compliance hereunder. No payment for any services
rendered under this Agreement shall be made without prior approval of the Director of
Facilities Management or his designee.
COMPLIANCE WITH CIVIL RIGHTS LAWS
Contractor hereby certifies that it will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, marital status, age, handicap or national origin.
Contractor shall comply with all State and Federal Civil Rights Laws in its hiring practices and
employee policies. Such action shall include, but not be limited to, the following: recruitment
and recruitment advertising. employment, upgrading, and promotion.
TERMINA nON OF AGREEMENT
A. This Agreement may be terminated by either party upon thirty (30) days' written notice
in the event of substantial failure of the other party to perform in accordance with the
terms of this Agreement. Each party shall have twenty (20) days following the date of
such notice within which to correct the substantial failure, giving rise to such notice. In
the event of termination of this Agreement, City shall within thirty (30) days pay
Contractor for all the fees, charges and services performed to City's satisfaction by
Contractor, which finding of satisfaction shall not be unreasonably withheld. Contractor
hereby covenants and agrees that upon termination of this Agreement for any reason,
Contractor will preserve and make immediately available to the City, or its designated
representatives, maps, notes, correspondence, or records related to work paid for by the
City and required for its timely completion, and to fully cooperate with City so that the
work to be accomplished under this Agreement may continue within forty-five (45) days
of termination. Any subsequent use of such incomplete documents, other than their
originally intended use, shall be at the sole risk of the City, and the City agrees to hold
harmless and indemnify Contractor from any claims, losses, costs, including attorney's
fees and liability arising out of such use. Contractor shall be compensated for such
services in accordance with Exhibit "1".
B. This Agreement may be terminated for the convenience of the City upon thirty (30) days
written notice to Contractor. Upon such notice, Contractor shall provide work product to
City, and City shall compensate Contractor in the manner set forth above.
C. Following the effective date of termination of this Agreement pursuant to this section, the
Agreement shall continue until all obligations arising from such termination are satisfied.
10.
CONTINGENCIES
In the event that. due to causes beyond the control of and without the fault or negligence of
Contractor, Contractor fails to meet any of its obligations under this Agreement, and such failure
shall not constitute a default in performance, the City may grant to Contractor such extensions of
time and make other arrangements or additions, excepting any increase in payment. as may be
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Exhibit 'X'
reasonable under the circumstances. Increases in payment shall be made only under the
"changes" provision of this Agreement. Contractor shall notify City within three (3) days in
writing when it becomes aware of any event or circumstances for which it claims or may claim
an extension.
INDEPENDENT CONTRACTOR
Contractor shall act as an independent contractor and shall not be considered an employee of the
City in the performance of the services provided for under this Agreement. Contractor shall
furnish such services in its own manner. This Agreement is not intended and shall not be
construed to create the relationship of agent, servant, employee, partnership, joint venture, or
association between Contractor and the City.
12.
ASSIGNMENT OR SUBCONTRACTING
Contractor shall not assign this Agreement, or any portion thereof without the written consent of
City. Any attempt by Contractor to assign or subcontract any performance of this Agreement
without the written consent of the City shall be null and void and shall constitute a breach of this
Agreement. All subcontracts exceeding $10,000 shall contain all provisions of this contract.
13.
NOTICES
All official notices relative to this Agreement shall be in writing and addressed to the following
representatives of Contractor and City:
CONTRACTOR
CITY
Manuel Juarez
Modular Space Corporation
11115 Hemlock Avenue
Fontana, CA 92337
Jim Sharer
Director of Facilities Management
300 N. "D" Street
San Bernardino, CA 92418
14. RESPONSIBILITIES OF PARTIES
A. The Contractor may reasonably rely upon the accuracy of data provided by the City or its
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B. Upon completion of all work under this contract, ownership and title to all reports,
documents, plans, specifications, and estimates produced as part of this contract will
automatically be vested in the City and no further agreement will be necessary to transfer
ownership to the City.
C. For the purpose of determining compliance with Public Contract Code Section 10115, et.
seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et. seq.,
when applicable, and other .matters connected with the performance of the contract
pursuant to Government Code Section 8546.7, the Contractor, subconsultant. and the City
shall maintain all the books, documents, papers. accounting records, and other evidence
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Exhibit "'An
pertaining to the performance of the contract, including but not limited to, the costs of
administering the contract.
All parties shall make such materials available at their respective offices at all
reasonable times during the contract period and for three years from the date of final
payment under the contract. The State, the State Auditor, or any duly authorized
representative of the Federal government having jurisdiction under Federal laws or
regulations (including the basis of Federal funding in whole or in part) shall have
access to any books, records, and documents of the Contractor that are pertinent to
the contract for audits, examinations, excerpts, and transactions, and copies thereof
shall be furnished if requested.
15.
HOLD HARMLESS CLAUSE
A. Contractor shall indemnify, defend and hold free and harmless the City, its officers, and
its employees from all claims, damages, costs, expenses, and liability, including, but not
limited to attorney's fees, imposed upon them for any alleged infringement of patent
rights or copyrights of any person or persons in consequence of the use by City, its
officers, employees, agents, and other duly authorized representatives, of programs or
processes supplied to City by Contractor under this Agreement.
B. The prevailing party in any legal action to enforce or interpret any provisions of this
Agreement will be entitled to recover from the losing party all reasonable attorneys' fees,
court costs, and necessary disbursements in connection with that action. The costs,
salary, and expense of the City Attorney and members of his office, in connection with
that action shall be considered as attorneys' fees for the purposes of this Agreement.
16.
INDEMNITY
Contractor shall indemnify, defend and hold City, its officers, employees and agents harmless
from any claim, demand, liability, suit, judgment or expense (including, without limitation,
reasonable costs of defense) arising out of or related to CONlRACTOR'S performance of this
agreement, except that such duty to indemnify, defend and hold harmless shall not apply where
injury to person or property is caused by CITY'S willful misconduct or sole negligence. The
costs, salary and expenses of the CITY Attorney and members of his office in enforcing the
Agreement on behalf of the City shall be considered as "attorney fees" for the purposes of this
paragraph.
17.
LIABILITY/INSURANCE
Contractor shall maintain insurance policies meeting the minimum requirements set forth herein.
All insurance maintained by the Contractor shall be provided by insurers satisfactory to the City.
Certificates evidencing all insurance coverage required herein shall be delivered to the City prior
to the Contractor performing any of the services under this Agreement. All insurance certificates
required herein shall name the City as an additional insured and provide for thirty-(30) days
written notice from the insurer to the City prior to cancellation of any insurance policy of the
Contractor.
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Exhibit "An
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A. Comorehensive General Liabilitv and Automobile Insurance. The Contractor shall
maintain comprehensive general liability and automobile liability insurance with a
combined single limit of not less than One Million Dollars ($1,000,000.00) per occurrence.
B. Worker's Comoensation Insurance. The Contractor shall maintain worker's
compensation insurance in accordance with the laws of the State of California for all
workers employed by the Contractor.
18 VALIDITY
Should any provision herein be found or deemed to be invalid, this Agreement shall be construed
as not containing such provision, and all other provisions which are otherwise lawful shall
remain in full force and affect, and to this end the provisions of this Agreement are declared to
be severable.
19 ENTIRE AGREEMENT
This Agreement represents the entire and integrated agreement between the parties hereto and
supersedes all prior and contemporaneous negotiations, representations, understandings, and
agreements, whether written or oral, with respect to the subject matter thereof. This Agreement
may be amended only by written instrument signed by both parties.
IIIII
IIIII
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Exhibit "An
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AGREEMENT FOR Construction Services with MODULAR SPACE CORPORATION.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date
written above by their duly authorized officers on their behalf.
ATTEST:
CITY OF SAN BERNARDINO
BY:
Rachel Clark, City Clerk
City of San Bernardino
BY:
Lori Sassoon, Acting City Manager
City of San Bernardino
MODULAR SPACE CORPORATION
BY:
Signature
NAME:
TITLE:
JAMES F. PENMAN
City Attorney
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