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HomeMy WebLinkAbout2012-056 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 1 OF SAN BERNARDINO AWARDING A CONTRACT TO NEW WEST SIGNAL, INe. 2 FOR REPAIR, REPLACEMENT AND UPGRADE OF THE STREET LIGHING SYSTEM AT VARIOUS LOCATIONS. 3 4 5 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 2nd day of April 7 ,2012, by the following vote, to wit: 8 9 10 11 12 13 14 15 16 17 18 19 20 The foregoing resolution is hereby approved this 21 22 ABSTAIN ABSENT Council Members: AYES MARQUEZ x - JENKINS ---1L- VALDIVIA -X- SHORETT x KELLEY x JOHNSON x MCCAMMACK x NAYS ,2012. 23 atric J. Morris, r San Bernardino 24 Approved as to form: James F. Penman, ~: :~~:7 ' ~ 27~ 28 FILE NO.7. - ACCT N0. 119-400-5502-2019.0092 cCITY OF SAN BERNARDINO 1 STATE OF CALIFORNIA BID AND CONTRACT DOCUMENTS PLANS AND SPECIAL PROVISIONS NO. 12853 0 R FOR o U m REPAIR, REPLACEMENT AND UPGRADE OF THE 2 STREET LIGHTING SYSTEM d AT VARIOUS LOCATIONS y IN THE CITY OF SAN BERNARDINO (INCLUDES COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS) M N N il 6 I d t W w m C aN0.54931v xF Ezp. v ? CIVII- �P a qfF OF CALki w c m E DEPARTMENT OF PUBLIC WORKS CITY OF SAN BERNARDINO FEBRUARY 2012 BIDS WILL BE RECEIVED UP TO THE HOUR OF 2:00 P.M. ON MARCH 15 2012 DESCRIPTION OF THE COMPONENTS OF THESE PLANS AND SPECIAL PROVISIONS The"BID and CONTRACT DOCUMENTS" for this project consists of five (5)parts as follows: PART I — Administration 0 PART II — Special Provisions -General Instructions To Bidders Technical Instructions o 0 PART III — Special Provisions - Federal Standard Provisions& Conditions s m J APPENDIX - City Standards Manufacturer Information y Apprenticeship&Recycle Standards M CONTRACT AGREEMENT The above S parts are bound together in one (1) manual titled # "BID AND CONTRACT DOCUMENTS" a d rc r J d d N C O U k V 6 fi C of i u 6 i PLANS&SPECIAL PROVISIONS NO. 12853 REPAIR,REPLACEMENT AND UPGRADE OF TIE STREET LIOI TING SYSTEM AT VARIOUS LOCATIONS IN THE CITY OF SAN BERNARDINO Contents for Bid and Contract Documents.doc a TABLE OF CONTENTS PART I ADMINLSTRATION NOTICE INVITING SEALED BIDS A-1 INSTRUCTIONS TO BIDDERS M-1 BID DOCUMENTS BID FOR UNIT PRICE CONTRACT B-1 0 SCOPE OF WORK B-3 BID FORM B-4 BID SCHEDULE B-5 BIDDER'S INFORMATION AND SIGNATURE c & BIDDER'S INITIALED ACKNOWLEDGEMENT OF ADDENDUMS C-1 z SPECIAL NOTICE C-2 DESIGNATION OF SUBCONTRACTORS C-3 WORKERS' COMPENSATION INSURANCE CERTIFICATION C4 N NON-COLLUSION AFFIDAVIT C-5 CONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS C-6 ; CONTRACTOR'S CERTIFICATION OF COMPLIANCE N WITH DAVIS BACON AND RELATED ACTS C-8 CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY C-9 FORM OF BID BOND C-10 z MBE/WBE INFORMATION - GOOD FAITH EFFORTS t REFERENCES O MINORITY AND WOMEN OWNED BUSINESS ENTERPRISE PARTICIPATION ONSTRUCT10N CONTACT PROVISIONS c FOR FEDERALLY FUNDED PROJECTS CP-1 - CONFLICI'OF INIP.RFST CI- 1 .2 DOCUMMENTLIST DL1 v COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG) w CONTACT PROVISIONS Page 1-11 m PART II z i SPECIAL PROVISIONS a INSTRUCTIONS TO BIDDERS SECTION I - SPECIFICATIONS AND PLANS SP-1 SECTION 2 - BID REQUIREMENTS AND CONDITIONS SP-5 SECTION 3 - AWARD AND EXECUTION OF CONTRACT SP-11 SECTION 4 - CONSTRUCTION DOCUMENTATION,COMMENCEMENT OF WORK © TIME OF COMPLETION&LIQUIDATED DAMAGES SP-13 SECTION 5 - LEGAL REQUIREMENTS SP-15 SECTION 6 - GENERAL SP-22 SECTION 7 - UTILITIES SP-33 Packet Pg. 88 SECTION 8 - DESCRIPTION OF WORK SP-38 SECTION 9 - TRAFFIC CONTROL SP-41 SECTION 10 - MOBU17ATION SP-45 SECTION 11 - CLEARING&GRUBBING,UNCLASSIFIED EXCAVATION& UNCLASSIFIED FILL SP-47 j SECTION 12 THROUGH SECTION 20 BLANK SP-50 SEC11ON 21 - STREET LIGHTING SP-51 {� S BMON 22 THROUGH SECTION 49 BLANK SP-54 SECTION 50 - REMOVAL&RESTORATION OF EXISTING IMPROVEMENTS EXCEPT STREET PAVEMENT SP-55 0 u PART III SPECIAL PROVISIONS 0 m FEDERAL LABOR STANDARDS PROVISIONS (HUD-4010) r w SUPPLEMENTARY CONDITIONS OF THE CONSTRUCTION CONTRACT FEDERAL MINIMUM WAGES (Applicable 10 Business Days prior to the Date of Bid Opening N To be inserted into Contract before Award and Execution of the Contract) i � M N APPENDIX N CITY STANDARDS q MANUFACTURER INFORMATION � R J STATE OF CALIFORNIA,DEPARTMENT OF INDUSTRIAL RELATIONS d & FEDERAL CODE OF REGULATIONS in APPRENTICESHIP PROGRAM FOR PUBLIC WORKS CONSTRUCTION `o STATE OF CALIFORNIA,DEPARTMENT OF TOXIC SUBSTANCE CONTROL CALRECYCLE PROGRAM FOR UNIVERSAL WASTE COLLECTION &FEDERAL ENVIRONMENTAL PROTECTION AGENCY(EPA)REQUIREMENTS ra m I E r CONTRACT AGREEMENT i i i i 1 PART I ADMINISTRATION J d O N n n m n m m N a m K L Ol J m d N C O A u w u N c d E r v L� a PacketPg. 90 �i S.F.c. NOTICE INVITING SEALED BIDS i CITY OF SAN BERNARDINO Owner I NOTICE IS HEREBY GIVEN that the City of San Bernardino will receive bids for: r REPAIR, REPLACEMENT AND UPGRADE OF THE STREET LIGHTING SYSTEM v AT VARIOUS LOCATIONS IN THE CITY OF SAN BERNARDINO r f (INCLUDES COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS) in accordance with Plans and Special Provision No. 12853 in file in the Office of the City Engineer, in Third Floor, San Bernardino City Hall. Plans and Specifications may be obtained from the City Engineer's Office, Third floor, City Hall, 300 N. "D" Street, San Bernardino, CA 92418, upon a non-refundable payment of $15.00 for each N set if picked up in person. Upon request the Plans and Special Provisions may be mailed for an additional charge of$10.00 per set. d o! Electronic copy of the above documents are available upon request by contacting the City m Engineer's Office and by providing a firm name, physical address, contact person, phone number 6 and fax number for inclusion on the CITY's List of Plan Holders. It shall be the responsibility of N those receiving electronic versions of the Plans and Special Provisions to provide the above listed c 1 information and confirmation of receipt of any issued addendum to the City Engineer's Office a 1 minimum of one (1) business day prior to the scheduled day of the Bid Opening. Only those listed on the CITY's "LIST OF PLAN HOLDERS" and providing confirmation of any issued addendum m shall be eligible to submit bids for this project. c i m Deliver all bids to the City Engineer's Office, Third Floor, City Hall, 300 North "D" Street, San Bernardino, California, with the bidder's name and address, the specification title and number and "SEALED BID"clearly marked on the outside of the envelope a Said bids will be received up to the hour of 10:00 a.m., on, Thursday, March 15. 2012, at which time all of said bids will be publicly opened, and examined and declared in the City Engineer's Conference Room,Third Floor,City Hall. A-1 Packet Pg. 91 i The Contractor shall possess a Class "A" License or C-10 Electrical Specialty License at the time the contract is awarded The prime Contractor shall perform, with his own organization, contract work amounting to at least 50% of the contract price. All bids shall be signed, sealed and accompanied by cash, cashier's check, certified check or bid bond made payable to the City of San Bernardino, in the amount of ten percent (10%) of the bid. Such cash, check or bond shall be given as a guarantee that the bidder will enter into the contract if awarded to him. In the event the bidder refuses to execute said contract,the use by the public of the improvements will be delayed, and the public will suffer great damage. From the nature of the case, it would be extremely difficult and impractical to fix said amount of damages. Therefore,the CITY E and the bidder agree that the above sum of ten percent shall be paid to the CITY upon the condition 0 above set forth as liquidated damages and not as a forfeiture. m All bonds furnished pursuant to this notice must be underwritten by a surety company having a rating in Best's most recent Insurance Guide of"A" or better. Bonds must be issued by a surety who is listed in the latest version of U. S.Department of Treasury Circular 570 and is authorized to issue n bonds in the State of California. The Form of Bid Bond is contained in the Bid Documents in Part I A 1 of the Special Provision. Notarization of the signatures of both the Principal and the Surety and the Power of Attorney of the signing Surety shall accompany this form. N The Contractor may substitute securities for any monies withheld by the Agency to ensure performance under the contract as provided for in Section 10263 and Section 22300 of the California Public Contract Code. L m A Non-mandatory Pre-Bid Meeting will be held on Thursday, March 1. 2012,at 10:00 am.. in the office of the City Engineer, Public Works Division of Development Services, Third Floor, v, City Hall, 300 North "D" Street, San Bernardino, CA 92418. This meeting is to provide g information, to answer questions, to inform bidders of MBEs/WBEs subcontracting and material 2 supply opportunities, and to make the prime Contractor aware of the CITY's outreach program as it relates to minority hiring and participation. Bidder's attendance at this meeting is recommended,but N the prime may certify that they are familiar with the program and attendance is not required. Attendance and/or certification may be used as part of the good faith effort. e r U Certified minority (MBFJWBE) subcontractors and material suppliers for the San Bernardino area a located in Caltrans District 8 are listed on the California Unified Certification Program(UCP)DBE Directory and can be obtained by accessing the directory on the California Department of Transportation DBE website at http://www dot cagov/hq/bep4ndm This project is subject to the requirements of the United States Department of Housing and Urban Development. The Federal Labor Standards are provided in Part III of the Plans and Special Provisions for this project. A-2 Packet Pg. 92 5.F.c 4 Pursuant to law, the Mayor and the Common Council of the City of San Bernardino, by Resolution No. 90-358 and any and all amendments thereto which are hereby referred to and made a part thereof by references as fully as though set at length herein, have ascertained and determined the general prevailing rate per diem wages, and of per diem wages for legal holidays and overtime work for each craft or work classification required in the execution of contracts under jurisdiction of said Mayor and Common Council. i Bidders are advised that this project is funded with Community Development Block Grant Funds. The requirements of the Davis-Bacon Act will apply to this project and those requirements will be enforced. The prime contractor and all subcontractors are required to pay their laborers and mechanics employed under this Contract, a wage not less than minimum wage classification, as 6 i specified in both the Federal and State Wage Decision when the Contract amount for the Prime o 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 t +' 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) v apply to this project N Prevailing rates of wages for the State of California shall conform to Section 1773 of the California Labor Code. The general prevailing wage rates in the county in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. These wages N are available from the California Department of Industrial Relations' Internet web site at a blip✓/www.dir.ca.gov/dirdatabases.htmi. General prevailing wage rates, in effect ten (10) days Q prior to the actual Bid Opening, which have been predetermined and are on file with the California wo Department of Industrial Relations are referenced and made a part thereof. J d The Davis-Bacon Federal General Decision Prevailing Wage Rates are available at 2 hlip.11www.access.gpo.gov/davisbacon/indezhiml. General Decision prevailing wage rates for the a County of San Bernardino, State of California in effect ten(10)days prior to the actual Bid Opening, are referenced and made a part thereof. Said wages in effect ten(10) days prior to the Bid Opening :OL shall be physically inserted into the Contract Documents prior to contract execution by the CITY a N and the Contractor. d It shall be mandatory upon the Contractor to whom the contract is awarded and upon any u subcontractor under him to pay not less than specified rates to all laborers, workers, and mechanics =° employed by them in the execution of the contract, and to prevent discrimination in the employment a of persons because of race, creed, color, or national origin, as set forth in the provisions of Resolution No. 7414 of the Mayor and Common Council of the City of San Bernardino. This project is subject to federal trainee requirements for the employment of apprentices. The Contractor shall follow the Federal Regulation guidelines found in Part III of the Special Provisions. A-3 PacketPg. 93 I ; This project is subject to requirements for the employment of apprentices registered with the California Department of Industrial Relations, Division of Apprenticeship Standards. Additional information can be obtained at http://Www.dirco.gov IDASIPublicWorksFornmhim. The Contractor shall confirm that all apprentices are registered with an apprenticeship program that is in turn currently registered with the U S Department of Labor Office of Apprenticeship(DOLOA)and listed on the DOLOA website at help://oa doletagov/. The City of San Bernardino (CITY) reserves the right to waive any informalities or inconsequential deviations from contract specifications, or to reject any and all bids. No bidder may withdraw his bid within 60 calendar days from the date of bid opening. The CITY reserves the right to take all bids under advisement for a period of 90 calendar days 0 U If there are any questions regarding this project, please contact the City Engineer's Office, in writing,as follows: '33 J p City Engineer's Office 2 San Bernardino City Hall N 300 North"D"Skeet, 3`s Floor San Bernardino, CA 92418-0001 i SUBJECT: REPAIR,REPLACEMENT AND UPGRADE M OF THE STREET LIGHTING SYSTEM AT VARIOUS LOCATIONS IN THE CITY OF SAN BERNARDINO Attention: Tony Frossard, Tel: (909) 384-5020; Fax: (909)384-5059 E-mail: Frossard to @sbcity.org (with"Subject: Repair St.Lighting System") m Inquiries or questions based on alleged patent ambiguity of the Plans or the Special Provisions must be communicated as a bidder inquiry prior to the bid opening. Any such inquiries or questions, N submitted after the bid opening,will not be treated as a bid protest. .2`o r U Written responses will only be provided to written questions. No written response will be i provided to verbal questions. y 7. CITY OF SAN BERNARDINO RACHEL G. CLARK a r City c�Clerk NOTICE TO ADVERTISE: 0 � SPECIFICATION NO. 12853 SHALL APPEAR IN FIRST ISSUE NOT LATER THAN DATE: 2/16/12 and 2/22/12 (FIVE DAYS 13MW,EN FIRST R SECOND PUBLICATION) A-4 Packet Pgt�4 , 1 INSTRUCTIONS TO BIDDERS o U @ C O U � rn c L J N iy{fyp y M A fD M N W N d o. L rn J d d f0 i O u �U d d N c d E L U a PacketPg.95 INSTRUCTIONS TO BIDDERS (See also PART U of These Special Provisions) 1. Receipt and Opening of f Bids i The City of San Bernardino, California (the owner herein called the "CITY"), invites bids on the form attached hereto, all blanks of which must be appropriately filled is Bids will be received by the CITY at the Office of the City Engineer, 3rd Floor of City Hall until 10:00 A.M,THURSDAY, MARCH 15, 2012, and then publicly opened and read aloud in the City Engineer's Conference c Room, 3`d Floor of City Hall. All bids shall be delivered to the City Engineer's Office, Third Floor, City Hall, 300 North "D" Street, ci San Bernardino, California, with the bidder's name and address,the specification title and number and = "SEALED BID" clearly marked on the outside of the envelope for the following project: m PLANS & SPECIAL PROVISIONS NO. 12853 d REPAIR, REPLACEMENT AND UPGRADE OF THE STREET LIGHTING SYSTEM AT VARIOUS LOCATIONS IN THE CITY OF SAN BERNARDINO (INCLUDES COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS) N The CITY may consider informal any bid not prepared and submitted in accordance with the provisions hereof and may waive any informalities or reject any and all bids. Any bids may be 0 withdrawn prior to the above scheduled time for the opening of bids or authorized postponement o, thereof. Any bid received after the time and date specified shall not be considered. No bidder may d , withdraw a bid within 60 calendar days after the actual date of opening thereof. y j 2. Preparation of Bid w Each bid must be submitted on the prescribed bid document forms and accompanied by the required o bid contract documents following the bid forms. All blank spaces for bid prices must be filled in, in ink or typewritten, with unit prices both in words and figures, and all contract documents must be fully completed and executed when submitted. x a Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, his address, and the name of the project for which the bid is submitted. If forwarded by mail,the sealed envelope containing the bid must be enclosed in another envelope addressed as specified in the bid form and mailed in sufficient time to reach the City Engineer's Office, 3rd Floor of City Hall prior to the day and hour of the scheduled Bid Opening. IB-1 Packet Pg. 96 f The Contractor shall possess a Class "A" License or C-10 Electrical Specialty License at the time the contract is awarded. The prime Contractor shall perform, with his own organization, contract work amounting to at least 50 % of the contract price. All bids shall be signed, sealed and accompanied by cash, cashier's check, certified check or bid bond made payable to the City of San Bernardino, in the amount of ten percent (10%) of the bid. Such cash, check or bond shall be given as a guarantee that the bidder will enter into the contract if awarded to him. In the event the bidder refuses to execute said contract, the use by the public of the improvements will be delayed, and the public will suffer great damage. From the nature of the case, it would be extremely difficult and impractical to fix said amount of damages. Therefore, the CITY and the bidder agree that the above sum of ten percent shall be paid to the CITY upon the condition above set forth as liquidated damages and not as a forfeiture. All bonds furnished pursuant to this notice must be underwritten by a surety company having a rating in Best's most recent Insurance Guide of"A" or better. Bonds must be issued by a surety who is listed in the latest version of U. S. Department of Treasury Circular 570 and is authorized to issue bonds in the State of California. The Form of Bid Bond is contained in the Bid Documents in Part I of the Special Provision. Notarization of the signatures of both the Principal and the Surety and the Power of Attorney of the signing Surety shall accompany this form. The Contractor may substitute securities for any monies withheld by the Agency to ensure performance under the contract as provided for in Section 10263 and Section 22300 of the California Public Contract Code. A Non-mandatory Pre-Bid Meeting will be held on Thursday , March 1, 2012, at 10:00 a.m., in the office of the City Engineer, Public Works Division of Development Services, Third Floor, City Hall, 300 North "D" Street, San Bernardino, CA 92418. This meeting is to provide information, to answer questions, to inform bidders of MBEs/WBEs subcontracting and material supply opportunities, and to make the prime Contractor aware of the CITY's outreach program as it relates to minority hiring and participation. Bidder's attendance at this meeting is recommended, but the prime may certify that they are familiar with the program and attendance is not required. Attendance and/or certification may be used as part of the good faith effort. Certified minority (MBE/WBE) subcontractors and material suppliers for the San Bernardino area located in Caltrans District 8 are listed on the California Unified Certification Program (UCP) DBE Directory and can be obtained by accessing the directory on the California Department of Transportation DBE website at http.11www.dot.ca.gov/hq/6ep/index. This project is subject to the requirements of the United States Department of Housing and Urban Development. The Federal Labor Standards are provided in Part HI of the Plans and Special Provisions for this project. A-2 Sq�css ii I 6. Bid Seciuity Each bid must be accompanied by cash, cashier's check, certified check of the bidder, or a bid bond prepared on the form of bid bond attached hereto, duly executed by the bidder as principal and having as surety thereon a surety company approved by the CITY, in the amount of 10% of the bid. Such cash, checks or bid bonds will be returned to all except the three lowest bidders within three days after the opening of bids, and the remaining cash, checks, or bid bonds will be returned promptly after the CITY and the accepted bidder have executed the contract, or, if no award has been made within 90 days after the date of the opening of bids, upon demand of the bidder at any time thereafter, so long as he has not been notified of the acceptance of his bid. o U 7. Liquidated Damages for Failure to Enter Into Contract 0 U The successful bidder, upon his failure to refusal to execute and deliver the Contract and bonds 0 i required within 10 days after he has received notice of the acceptance of his bid, shall forfeit to the o CITY,as liquidated damages for such failure or refusal,the security deposited with his bid. ' 8. Time of Completion and Liquidated Damages �? Bidder must agree to commence work on or before a date to be specified in a written "Notice to O Proceed" of the CITY and to fully complete the project within 40 Working Days thereafter. l Bidder must agree also to pay as liquidated damages, the sum of 5$ 00.00 for each consecutive N calendar day thereafter as hereinafter provided in the General Conditions. 9. Conditions of Work J p Each bidder must inform himself fully of the conditions relative to the construction of the project d and the employment of labor thereon. Failure to do so will not relieve a successftd bidder to his N obligation to furnish all material and labor necessary to carry out the provisions of this contract. `0_ f Insofar as possible the Contractor, in carrying out his work, must employ such methods or means as will not cause any interruption of or interference with the work of any other Contractor. 10. Obligation of Bidder E At the time of the opening of bids, each bidder will be presumed to have inspected the site and to have read and to be thoroughly familiar with the Plans and Contract Documents (including all a addendums). The failure or omission of any bidder to examine any form; instrument or document shall in no way relieve any bidder from any obligation in respect of his bid. IB-3 PacketPg.98 S.F.c' 11. Addenda and Intemretations No other interpretation of the meaning of the Plans, Specifications, or other pre-bid documents will be made to any bidder orally. Every request for such interpretation should be in writing addressed to the City Engineer, City Hall, 300 North 'D" Street, P Floor, San Bernardino, California, 92418- 0001; and to be given consideration, must be received at least six(6) working days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions !� will be in the form of written addenda to the Special Provisions which, if issued, will be mailed by certified mail with return receipt requested to all prospective bidders (at the respective addresses furnished for such purposes) not later than three (3) days prior to the date fixed for the opening of o bids. Failure to any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of o the contract documents. 12. Security for Faithful Performance M Simultaneously with his deliver of the executed contract, the Contractor shall furnish a surety bond 2 or bonds as security for faithful performance of this contract and for the payment of all persons performing labor on the project under this contract and furnishing materials in connection with this contract, as specified in the Document List and Section 3, "Award and Execution of Contract", in M PART II of the Special Provisions included herein. The surety on such bond or bonds shall be a duly authorized surety company satisfactory to the CITY. a 13. Power of Attorney L w Attorneys-in-fact who sign bid bonds or payment and performance contract bonds must file with d each bond a certified and effectively dated copy of their power of attorney. y 14. Notice of Special Conditions Attention is particularly called to those parts of PART I, PART II and PART III of the SPECIAL N PROVISIONS which deal with the following: (a) Inspection and testing of materials E (b) Insurance requirements u (c) Wage rates a (d) Stated allowances I IB-4 15. Laws and Regulations The bidder's attention is directed to the fact that all applicable State Laws, Municipal Ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written out in full. jl EI 16. Community Development Block Grant Funds i Bidders are advised that this project is funded with Community Development Block Grant Funds. c 4 The requirements of the Davis-Bacon Act will apply to this project and those requirements will be enforced. The prime contractor and all subcontractors are required to pay their laborers and o mechanics employed under this Contract, a wage not less than minimum wage classification, as w 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 J 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 y Davis-Bacon and related Act Requirements. The Federal Labor Standards Provisions (HUD 4010) apply to this project and are included in PART III of the Special Provisions. Prevailing rates of wages for the State of California shall conform to Section 1773 of the California N Labor Code. The general prevailing wage rates in the county in which the work is to be done have # been determined by the Director of the California Department of Industrial Relations. These wages 'Q are available from the California Department of Industrial Relations' Internet web site at s htip://www.dir.cagov/dirdatabasexhtnd. General prevailing wage rates, in effect ten (10) days T prior to the actual Bid Opening, which have been predetermined and are on file with the California Department of Industrial Relations are referenced and made a part thereof. v, i The Davis-Bacon Federal General Decision Prevailing Wage Rates are available at 1 http://www.acc¢ssgpogov/davisbacandezhtml. General Decision prevailing wage rates for the u County of San Bernardino, State of California in effect ten(10)days prior to the actual Bid Opening, y are referenced and made a part thereof. Said wages in effect ten (10) days prior to the Bid 3 Opening shall be physically inserted into the Contract Documents prior to contract execution E by the CITY and the Contractor. a A weekly certified payroll is required during the term of construction. Payment of invoice may be delayed when certified payrolls are not submitted weekly. The CITY shall make progress payments on any properly completed payment request submitted by the Contractor. The payment request shall not be deemed properly completed unless certified payroll form WH 347 has been properly completed and submitted on a weekly basis for each week worked during the time period covered by said payment request. IB-5 17. Notice of Requirement For Affirmative Action To Ensure Equal Employment Opportunity The bidder's attention is called to the "Equal Opportunity Clauses" and "Standard Federal Equal Employment Specifications" contained in COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CONTACT PROVISIONS in Part I of these Plans and Special Provisions. Goals and timetables for minority and female participation, expressed in percentage terms for the Contractors aggregate workforce in each trade on all construction work in the covered area, are 19% for minorities and 6.9% for women. 0 18. Attorney's Fees and Arbitrati on The prevailing party in any legal action to enforce or interpret any provisions of this Agreement will be entitled to recover from the losing party all attorney fees,court costs and necessary disbursements in connection with that action. The costs, salary and expenses of the City Attorney and members of m his office, in connection with that action, shall be considered as attorney's fees for the purposes of m this Agreement. Caltrans Standard Specifications Section 9-1.10 regarding Binding Arbitration is N hereby specifically excluded from this Contract. 19. Method of Award-Lowest Oualified Bidder W N If at the time this contract is to be awarded, the lowest base bid submitted by a responsible bidder does not exceed the amount of funds then estimated by the CITY as available to finance the contract, the contract will be awarded on the base bid only. If such bid exceeds such amount,the CITY may g reject all bids or may award the contract on the base bid combined with such additive alternates applied in numerical order in which they are listed in the Forth of Bid, as produces a net amount { which is within the available funds. N o i 1 20. Bidding and Negotiation Requirements U I Attention of bidder is directed to the requirements of the U. S. Housing and Urban Development c regarding bidding and negotiation requirements. Prior to the signing of the contract, a preliminary d statement of work force needs, (skilled, semi-skilled,unskilled labor and trainees by category) s 11 E be provided where known, where not known, such information shall be supplied prior to the signing x I of any contract between Contractors and their subcontractors. a 21. Contractor Documents Re tq_ured by HUD-CDBG Funding to be Submitted With Bid ( See DOCUMENT'LIST, Page DL-1 ) I IB-6 OPacketP . 101 9 BID DOCUMENTS 0 u m c O U m C Y L a m J d m N M n m EE N � a K [f J d yl of U_ N I c m E L V W Q Packet Pg. 102 BID FOR UNIT PRICE CONTRACT Q PLACE CITY OF SAN BERNARDINO . DATE PROJECT NO 12853 Bid of (hereinafter r called "Bidder")* a corporation, organized and existing under the laws of the State of A F 0 U E a partnership, or an individual doing business '! L as m J To the City Engineer of the City of San Bernardino, California (owner and hereinafter called"CITY" ). M N Gentlemen. N # 3 3 The Bidder, in compliance with your invitation for bids for the construction of. j z PLANS & SPECIAL PROVISIONS NO. 12853 J REPAIR, REPLACEMENT AND UPGRADE d `, OF THE n STREET LIGHTING SYSTEM o AT VARIOUS LOCATIONS IN THE CITY OF SAN BERNARDINO d (INCLUDES COMMLJNITY DEVELOPMENT BLOCK GRANT FUNDS) m having examined the Plans and Special Provisions with related documents and the site of the E r proposed work, and being familiar with all of the conditions surrounding the construction a of the proposed project including the availability of materials and labor, hereby proposed to furnish all labor, materials, and supplies, and to construct the project in accordance with the B-1 Packet Pg. 703 Bid and Contract Documents, within the time set forth therein, and at the prices stated below. These prices are to cover all expenses incurred in performing the work required under i the contract documents, of which this bid is a part. Bidder hereby agrees to commence work under this contract on or before a date to be specified in written "Notice to Proceed" of the CITY and to fully complete the project within 40 c U � A Workine Days , thereafter as stipulated in the Special Provisions. Bidder further agrees to pay as c U rn liquidated damages, the sum of $500.00 , for each consecutive calendar day thereafter as r m hereinafter provided in Section 4 of Part II of the Special Provisions. N Bidder shall acknowledge receipt of addendum(s) on Sheet C-1 of these Bid Documents. N L .q 6 d L H J y to C O .q U 2 . v a W c d t u i m x Q i *Insert corporation,partnership or individual as applicable. B-2 ..Packet Py:;'IQ4" ". SCOPE OF WORK The CITY street lights to be repaired are 240 volt systems. The planned work will be on major streets in the City of San Bernardino and traffic control will be required. Inspection will be made by the Public Works Department. This inspection and the Bid Schedule will be the basis of payment to the contractor for the project. The work mainly consists of the installation of conductors and connections thereof. Following the c construction and inspection of the this work, all pull boxes shall be secured with concrete per the attached CITY Detail and tamper-proof screws shall be used to secure pole hand-hole covers. The installation of additional pull boxes and conduit shall be part of the project to a lesser extent. The removal and replacement of complete street light pole assemblies shall be included, as required. The t i removal and replacement of foundations shall be included as required by CITY inspection. J m The Contractor shall be responsible for the complete repair of the circuit being serviced. In some N cases the work shall consist of the replacement and connection of the conductors, inspection and M approval of the work by the CITY and then securing the pull boxes and poles. In other cases, the replacement and connection of the conductors will show that lamps are not illuminated and more N work will be required,at the fixture or fuse. .Bid Items on the Contract Bid Schedule are the CITY's N estimated items and quantities, and actual items and quantities may defer in the work of the project. Quantities of work shall be paid on a per item basis per the unit bid price on the Contractor's submitted contract Bid Schedule and Section 6, Part H of these Special Provisions. t W The undersigned bidder hereby agrees, if this bid is accepted,to furnish all material except as noted and do all the work required to complete said work in accordance with the specifications and N instructions, and in the time and manner therein prescribed for the unit cost amounts set forth in the o schedule on the following bid. w The bidder also understands that there is no warranty or guarantee given or implied as to the total w amount to be ordered as a result of this contract. The quantities stated in this bid are estimates,to be used for bid comparison purposes only. Specific street lighting repairs, installation of conductors, E conduits,pull boxes or pole replacements will be ordered as needed. a i B-3 Packet Pg. 105 BID FORM TO THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO The undersigned declares that he has carefully examined the location of the proposed work, that he has examined the Plan and read the accompanying instructions to bidders and hereby proposes to furnish any and all required labor,materials,transportation and service for the REPAIR, REPLACEMENT AND UPGRADE OF THE 0 STREET LIGHTING SYSTEM AT VARIOUS LOCATIONS IN THE CITY OF SAN BERNARDINO (INCLUDES COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS) d in strict conformity with Plans and Special Provisions No. 12853 , of the Engineering Division, N Department of Public Works for the City of San Bernardino and also in accordance with Standard o Specifications for Public Works Construction, latest edition in effect on the first day of the advertised "Notice Inviting Sealed Bids". The undersigned proposes and agrees if this bid is N accepted, that he will contract with the City of San Bernardino, in the form of the copy of the # contract annexed hereto, to provide all necessary machinery, tools, apparatus and other means of a maintenance, and to do all the work and furnish all the materials specified in the contract, in the rc manner and time therein prescribed, and that he will take in full payment therefor the following unit a prices or lump sum prices,to-wit: N C 0 v n Vl d a S u m j Q j H-4 Packet Pg. 106 BID SCHEDULE PLANS & SPECIAL PROVISIONS NO. 12853 REPAIR, REPLACEMENT AND UPGRADE OF THE STREET LIGHTING SYSTEM AT VARIOUS LOCATIONS IN THE CITY OF SAN BERNARDINO 1 am { fCEM DESCRIPTION OF ITEMS LIJA UNIT UN IT PRICET TOTAL N With UNIT PRICE Written In WORDS ATED IGURES GURES 1. REMOVAL & INSTALLATION OF STREET LIGHT POLES & FOUNDATIONS c a. REMOVE Remaining Portion of Damaged Pole-High Mast,at Dollars 5 EA $ /EA $ O & Cents per EACH c b. REMOVE Damaged Foundation-High Mast, Lrn at I EA $ /SA $ J Dollars m m & Cents per EACH ` N C. REMOVE Remaining Portion of Damaged Pole and Cap-Post Top,at 5 EA $ /EA $ ry Dollars 0 N & Cents per EACH ® d' REMOVE Damaged Foundation— Post Top, at o, a, Dollars 1 EA $ /EA $ L & Cents per EACH H m e' INSTALL FOUNDATION—High Mast,at N Dollars 1 EA $ /RA $ & Cents per EACH w f INSTALL POLE & CAP—High Most (CITY a m Provided POLE),at rn t 5 EA $_/FA $ c Dollars & Cents per EACH m B- INSTALL FOUNDATION—Post Top,at Q Dollars I EA $ /EA $ & Cents per EACH h' INSTALL POLE—Post Top(CITY Provided POLE)at Dollars 5 EA $ /EA $ & Cents per EACH B-5 PacketPg. 107 BID SCHEDULE ( ^ PLANS & SPECIAL PROVISIONS NO.12853 REPAIR, REPLACEMENT AND UPGRADE OF THE STREET LIGHTING SYSTEM 1 AT VARIOUS LOCATIONS IN THE CITY OF SAN BERNARDINO 1 sm ITEM DESCRIPTION OF ITEMS FQUA NTITY UNIT UNIT PRICE TOTAL NO. With UNIT PRICE Written In WORDS JMA TED IGURES FIGURES 2. INSTALLATION OF CONDUCTORS & CONDUIT 0 u a. INSTALL 2-TIERN AWG#8 & 1-THHN AWG 010 c # at Dollars 25,000 LF $ /LF $ t j & - Cents per LIN.FT. c r W b. REMOVE & REPLACE Damaged CONDUIT,at 5 Dollars 100 LF $ /LF S y & Cents per LIN.FT. N M C. INSTALL 2-THHN AWG #10, at Dollars 1,200 LF $ /LF $ .- & Cents per LIN.FT. m N 3. PULL BOX INSTALLATION, CONNECTION OF WIRES & SECURITY # a a. INSTALL PULL BOX - NO. 11/2, at I>allars 5 EA $ /EA S W W & Cents per EACH y E � k b. CONNECT CONDUCTORS, at N Dollars 750 EA S_/EA 5 0 & Cents per EACH u w PREPARE & SECURE Puli Boa with CONCRETE °1 a (per CITY Detail), at v? 250 EA $ /EA $ Dollars E & Cents per EACH ',.. m 1 d. HAND HOLE COVERS for 10123 Pole, at 4 Dollars 20 EA $ /EA $ & Cents per EACH e. TAMPER-PROOF SCREWS(flea-Center/Pin), at Dollars 500 FA $ /EA $ & Cents per EACH c B-6 BID SCHEDULE PLANS & SPECIAL PROVISIONS NO. 12853 REPAIR, REPLACEMENT AND UPGRADE OF THE STREET LIGHTING SYSTEM AT VARIOUS LOCATIONS IN THE CITY OF SAN BERNARDINO BID ITEM DESCRIPTION OF ITEMS QUANTITY UNIT UNIT PRICE TOTAL NO. With UNIT PRICE Written In WORDS TFYUT2n IGURES CURES 4. FIXTURE INSTALLATION/REPLACEMENT `o v a- POST TOP FIXTURE, at Dollars 5 EA $ /EA $ c & Cents per EACH U rn b. COBRA HEAD, 70W,at Dollars 5 EA $ /EA $ & Cents per EACH c- COBRA HEAD, 100w,as m Dollars 5 EA $ /EA $ ur & Cents per EACH d. COBRA HEAD, 150W,at Dollars 30 EA $-/FA & Cents per EACH N O e. COBRA HEAD, 200W,at Dollars 5 EA $ /EA S r & Cents per EACH at f. r COBRA HEAD, 250W,at 2 i Dollars 5 EA $ /EA $ m & Cents per EACH I 1 N 9' COBRA HEAD, 400W,at Dollars 5 EA $-/FA $ u & Cents per EACH i_ 0 5. LAMP, BALLAST, STARTER & PHOTO CELL w a. REPLACE LAMP, 70W, at Dollars 5 EA $ /EA $ r k & cents per EACH b- REPLACE LAMP, 100W, at Q Dollars 5 EA $ /EA $ & Cents per EACH e. REPLACE LAMP, 150W, at Dollars 30 RA $ /EA $ & Cents per EACH d• REPLACE LAMP, 200W, at O Dollars 5 EA & Cents per EACH B-7 BID SCHEDULE PLANS & SPECIAL PROVISIONS NO. 12853 REPAIR, REPLACEMENT AND UPGRADE OF THE STREET LIGHTING SYSTEM AT VARIOUS LOCATIONS IN THE CITY OF SAN BERNARDINO BID j ITEM DESCRIPTION OF ITEMS QUANTITY UNIT UNIT PRICE TOTAL NO. With UNIT PRICE Written In WORDS TIMATED IGURES (FIGURES) 5. LAMP, BALLAST, STARTER & PHOTO CELL (Continued) O• REPLACE LAMP, 250W, at o Dollars 5 RA $ /EA $ & Cents per EACH ` c 0 f REPLACE LAMP, 400W, at U Dollars 5 EA $ /EA $ c & Cents per EACH z _m 8• REPLACE BALLAST, 7OW, at J Dollars 2 EA $ /EA $ y & Cents par EACH N h• REPLACE BALLAST, 100W, at Dollars 2 EA $ /EA $ & Cents per EACH m N aD L REPLACE BALLAST, 150W, at a C Dollars 10 EA $ /EA $ x & Cents per EACH 'n v J• REPLACE BALLAST, 20OW, at Dollars 2 EA rn & Cents per EACH d k• REPLACE BALLAST, 250W, at y Dollars 5 EA $ /EA $ & Cents par EACH 1• REPLACE BALLAST, 400W, at !E Dollars 5 EA $ /EA & Cents par EACH m I m• REPLACE FUSES, at d Dollars 40 EA $ /FA $ E I & Cents per EACH j n. RELOCATE FUSES, from Pull Boa to Pole, at Q Dollars 50 EA $ /EA $ & Cents per EACH 0• REPLACE PHOTO CELL, at Dollars 20 EA $ /EA $ { & Cents per EACH 0 TOTAL BID: $ B-8 i BID NOTES: The unit price most be written in words and also shown in figures. All blank spaces appearing above must be filled in. In case of discrepancy in Bid Amounts,"UNIT"prices shall govern over extended amounts,and"WORDS" shall govern over"UNIT"figures. 1 Total bid price for the entire contract work shall include the cost of labor, materials, equipment parts, implements, 1 taxes and supplies necessary to compete the project,as based on the City Engineer's estimate of quantities of work. The total price must be extended for each item of work and the total of all items inserted in the space provided. Bidders shall complete and submit entire BID DOCUMENT section as their bid to the City. Failure to do so will result in bid being non-responsive. Any situation not specifically provided for will be determined in the discretion of the City of San Bernardino(CITY), and that discretion will be exercised in the manner deemed by the CITY to best protect the public interest in the prompt and economical completion of the work.. The decision of the CITY respecting the amount of a bid, or the c existence or treatment of an irregularity in a bid,shall be final. v W c BIDDER declares that this BID is based upon careful examination of the work site and the Bid and Contract r a Documents. O1 J Time is of the essence in the completion of work encompassed by this bid. Contractor must commence work on street lighting repair within ten(10)calendar days after notification by the CITY. Contractor must pursue the work in continuously after commencement of job to complete the entire work order. 40 working days are allowed for this v project. BIDDER understands that a bid is required for the entire work,that the quantities set forth in the Bid Schedule are to calculate total bid amount for comparison only,and that final compensation under the contract will be based upon the r`+ actual quantities of work satisfactorily completed. The BIDDER agrees that the CITY reserves the right to increase it or decrease the amount of any quantity shown in the Bid Schedule and to delete any item from the contract and pay 'a the contractor at the bid unit prices. r The CITY will issue to the selected contractor Work Orders that indicate locations,extents,and details for all work to O) J be performed. 9 The contractor shall notify the CITY Inspection Division and provide a schedule for completion of the work at least 48 hours prior to commencing work. °- .0 The Lineal Feet length for conductors or conduit is for the total length of the material installed. a Traffic Control: Cost of traffic control is assumed to be included in various bid prices, and no additional payment w shall be made. The Contractor shall be responsible for furnishing, placing and maintaining barricades and lights as m necessary to protect the public from danger due to all work being done. If lane closures are approved by the Project s Manager,the full width of the traveled way shall be open for use by public traffic from 4:00 p.m.to 8:30 a.m.,all day R for Saturdays, Sundays, and designated legal holidays, after 3:00 p.m. on Fridays and the day preceding designated a legal holidays, and when construction operations are not actively in progress on working days. If the Contractor is allowed to temporarily close a portion of the roadway, a minimum one lane for each direction of travel must be maintained at all times unless otherwise approved by the Project Manager. All lanes must be opened up to traffic between 4:00 PM and 8:30 a.m., daily. The Contractor shall comply with the Manual on Uniform Traffic Control Devices (MUTCD) and the California Supplement, Latest Editions, and all other applicable requirements and standards for traffic control. All other work items not specifically listed above, but necessary to complete the work per applicable standards, including traffic control are assumed to be included in the above various unit bid prices. )39 BIDDER'S INFORMATION AND SIGNATURE: O It is the understanding of the undersigned that the work hereinabove described shall be commenced within 10 working days from the date of the"Notice to Proceed", and shall be completed within 40 working days from the date of said notice,as directed in SECTION 4 of these Special Provisions.. The undersigned further agrees that in case of default in executing the contract, or furnishing necessary bonds,all within the specified time,the proceeds of the Bidder's Guaranty accompanying this bid shall be paid to the City of San Bernardino as liquidated damages. j Licensed in accordance with an act providing for the registration of Contractor, LICENSE EXPIRATION FEDERAL TAX ID NO.: CLASSIFICATION(S): DATE: # y c 0 FIRM NAME: S S BUSINESS ADDRESS: rn BUSINESS PHONE: FAX: CELL: w If an individual, so state. If a firm or co-partnership, give the names of all individuals, co-partners composing the firm. If a corporation,give the names of the president,secretary,treasurer and manager thereof: 00 N ,-_ Is Bidder currently acertified DBE? Yes ❑ No 0 u ,. Legal Status of Firm CL d NAME(S) ADDRESS(ES) r a J d € � 6 N O i v � r= c � SIGNATURE OF BIDDER: Dated: 20 w c E BIDDER'S INITIALED ACKNOWLEDGEMENT OF ADDENDUMS: a ADDENDUM NO.I DATE: ADDENDUM NO.2 DATE: ADDENDUM NO.3 DATE: ADDENDUM NO.4 DATE: ® C-1 i II� i SPECIAL NOTICE The bidder's attention is directed to the section entitled, "Required Listing of Proposed Subcontractors", in Section 2 of the special provisions regarding the requirement that proposed e subcontractors be listed in the bidder's Bid Documents. Instead of listing only subcontractors for signal and lighting work as in the past, all subcontractors are now to be listed in the Designation of c Sub-Contractors for items of work or portions thereof to be subcontracted in excess of one-half of a one percent of the total bid or$10,000.00,whichever is greater. t In the case where a bidder claims an inadvertent clerical error in listing sub-contractors, a a notice of the claim must be submitted to the Office of the City Engineer in writing within 2 working w days after the time of the bid opening and send copies of the notice to the subcontractors involved. gg The bidder shall provide the actual dollar"Sub-Contract Amount"as submitted by each listed sub-contractor, keeping in mind that the prime contractor for this project is required to provide or perform, with his own organization, contract work amounting to at least 50% of the total contract bid price. Material required for any of the contract work of this project that is purchased directly by g I the prime contractor is considered as included in the prime contractor's 50% requirement. If r material purchased directly by the prime contractor is to be used by a listed sub-contractor m Z performing contract work, the dollar amount of such purchased material should not be included in the dollar amount listed for said sub-contractor. N C 0 The following is in addition to Subsection 2-3.2, "Self Performance," of the Standard .0 Specifications: o If the Bid submitted by the Contractor fails to meet at least 50% of the amount of work required with its own forces, the Bid will be considered non-responsive and rejected with no further consideration. If after execution of the Contract Agreement, the CITY discovers the Contractor is z" performing work amounting to less than 50% of the Contracted amount, except for "Specialty a Items", the Contractor shall be notified that he or she is in violation of the Contract. The dollar amount of the portion found to be subcontracted by the Contractor,resulting in less than 50% of the amount of work required to be performed by the Contractor, shall be deducted from payment to the Contractor. The deduction shall not exceed 50% of the contracted amount required to be performed by the Contractor. The Contractor will not be penalized by the CITY resulting from Contract CChange Orders that increase subcontract items of work. C-2 e i BIDDER'S FIRM NAME DESIGNATION OF SUB-CONTRACTORS PLANS & SPECIAL PROVISIONS NO. 12853 In compliance with the provisions of Section 4100-4114 of the Public Contract Code of the State of California and any amendments thereof,each bidder shall set forth the name and location of each subcontractor who will perform work or labor or render service to the Contractor. Name&Address Agency&No.of Under Which MBEMBE CERT. Sub-Contractor's Sub-Contract Contractor's License# c Licensed (If Applicable) Phone-No. Amount Work to Be Performed: c 1. U � $ c m '{ J m m 2. in n m n in m N 3. # $ m CL d z L J � 4. I $ O v 6 w I d 6 5. N $ E V /N 6. IF ADDITIONAL SPACE IS REQUIRED,PLEASE DUPLICATE THIS SHEET DO NOT WRITE ON THE BACK C-3 WORKERS' COMPENSATION INSURANCE /+ CERTIFICATION I I am aware of the provisions of Section 3700 of the Labor Code requiring every employer to be j insured against liability for workers' compensation or to undertake self-insurance in accordance with o �} V `3 provisions of that code, and I will comply with such provisions before commencing the performance o U of the work of this contract. z J � N Contractor: M NAME OF FIRM: M N t m N BY: `u TITLE: L DATE: J v v 'S f/1 O _ y m U it r= 'u m n N C d E r v m z Q I C-4 PackelPg. 175�•' (This affidavit shall be executed by all bidders at the time of bid submittal. Failure to execute the affidavit on this page will result in rejection of bid.) NON-COLLUSION AFFIDAVIT To the Division of Public Works,Department of Development Services,City of San Bernardino,State of California: The undersigned in submitting a bid for performing the following work by contract,being duly sworn,deposes and says: That he or she is of the party making the foregoing bid,that the bid is not made in the interest of,or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is e genuine and not collusive or sham;that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid,and has not directly or indirectly colluded,conspired,connived, or agreed c with any bidder or anyone else to put in a sham bid,or that anyone shall refrain from bidding;communication, a or conference with anyone to fix any overhead,profit, or cost element of the bid price, or of that of any other c ,1 bidder, or to secure any advantage against the public body awarding the contract on anyone interested in the w proposed contract; or take any action in restraint of free competitive bidding in connection with such contract; ' that all statements contained in the bid are true; and further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof,or data relative thereto, or paid,and will not pay,any n fee to any corporation, partnership, company association, organization, bid depository, or to any member or n ) agent thereof to effectuate a collusive or sham bid. M N Firm Name a at z Signature of Bidder m J d Printed Name and Title in o € - i u w p u � Business Address f c E Place of Residence Subscribed and sworn to(or affirmed)before me this day of ,20_ the above proved to me on the basis of satisfactory evidence to be the person who appeared before me. Signed Notary Public in and for the County of State of California. My Commission expires on Year C-5 COMMONl1f DEVELOPMENT BLOCK GRANT PROGRAM CONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS TO (Appropriate Recipient) DATE: PROJECT NO. ffarry): C/O PROJECT NAME: 0 v m 1. The undersigned, having executed a contract with ` for the construction of the above-identified project, acknowledges that: ro m (a) The Labor Standards provisions are included in the aforesaid contract L (b) Correction of any infractions of the aforesaid conditions,including infractions by any of his subcontractors and any lower tier subcontractors,is his responsibility. in M 2. He certifies that: (a) Neither he nor any firm,corporation,partnership or association in which he has substantial interest is designated as an ineligible contractor by the Comptroller General of the United States n pursuant to Section 5.6@)of the Regulations of the Secretary of labor,Part 5(29 CFR, u Part 5)or pursuant to Section 3(a)of the Davis-Bacon Act,as amended (40 U.S.C.276a-2(a). 'a d (b) No part of the aforementioned contract has been or will be subcontracted to any subcontractor t if such subcontractor or any firm,corporation,partnership or association in which such M subcontractor has a substantial interest is designated as an ineligible contractor pursuant to any ' a of the aforementioned regulatory or statutory provisions. y 0 5 3. He agrees to obtain and forward to the aforementioned recipient within ten days after the execution of any subcontract, including those executed by his subcontractors and any lower tier subcontractors, a "Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Requirements"executed by the subcontractors. o, N 4. He Certifies that: m E L (a) The legal name and the business address of the undersigned are: z a (b) The undersigned is: ( 1) A SINGLE PROPRIETORSHIP (3) A CORPORATION ORGANIZED IN THE STATE OF (2) A PARTNERSHIP (4) OTHER ORGANIZATION (Describe) G6 Page 2 of 2 ® rN 4. (cons.) (c) The name,title and address of the owner,partners or officers of the undersigned are: NAME TITLE ADDRESS �i E� I O U 9 A C O U rp� � H C OI (d) The names,addresses and the nature of the interest of all other persons,both natural and corporate, having a m substantial interest in the undersigned are (If none, so state): N NAME ADDRESS NATURE OF INTEREST ^ e m N a d o: z rn i J (e) The names,addresses and trade classifications of all other building construction contractors d in which the undersigned has a substantial interest are (If none, so state): in c o NAME ADDRESS TRADE CLASSIFICATION g _ 7 N c � m E v I � I a CONMACTOR) DATE: _ BY: (NGNATURR) WARNIN U.S.Criminal Cade,Section 1010,Me 18,U.S.C., provides in part: "Whoever.......makes, posses, utters or publishes any statement, knowing the same to be false.............shall be fined not more than $5,000 or imprisoned not more than two(2)years, or both. C-7 Packet Pg.176 i CONTRACTOR'S CERTIFICATION OF COMPLIANCE WITH DAVIS-BACON AND RELATED ACTS REQUIREMENTS I as Prime Contractor for Project Name: Plans & Special Provisions No: 0 u m hereby make the following certification and acknowledgement with respect to the applicability of Davis-Bacon and c Related Acts Requirements: c 1)By entering into this Contract,I certify that I acknowledge that the above referenced project is federally funded and I am solely responsible for complying with Davis-Bacon and Related Acts Requirements; and, in 2) The Prime Contractor and all Subcontractors are required to pay their laborers and mechanics employed under this contract, a wage not less than the highest wage applicable to their work classifications, as specified by the current and applicable Federal Wage Determination. If no Federal work classification appears to apply, the Prime Contractor shall make written request to the CITY to obtain applicable work classifications and wage rates prior to the start of construction. When the same classification appears in both the Federal and State Wage Determinations, the higher wage must be paid for that i classification. The Prime Contractor is responsible for ensuring Subcontractor compliance z with Davis-Bacon and Related Acts Requirements. IF THE COMPANY IS A CORPORATION,CORPORATE OFFICERS ARE AS FOLLOWS: 2 i m i U � r= d President fq s c i d Vice-President E u L� Secretary I Treasurer Signature, Prime Contractor Title(Owner or President) C Date C-8 CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY PROJECT TITLE: INSTRUCTIONS fi This certification is required pursuant to Executive Order 11246(30 F.R. 12319-25). The implementing rules and regulations provide that any bidder or prospective contractor,or any of then proposed subcontractors,shall state as an initial part of the bid or negotiations of the contract whether it has(they have)participated in any previous contract or subcontract subject to the equal opportunity clause;and,if so,whether it has(they have)filed all compliance reports due under applicable instructions. Where the certification indicates that the bidder has not filed a compliance report due under applicable instructions,such bidder to shall be required to submit a compliance report within seven calendar days after bid opening. No contract shall be awarded v m 1. unless such report is submitted. 5 r sa CERTIFICATION BY BIDDER d N Bidder's Name: A Address and Zip Code: — z M 1. Bidder has on file an affirmative action program pursuant to Part 60-2(applies to non-construction contracts). Q YES ❑ NO ❑ a 2. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause. YES NO (Ifanswer s YES identify the most recent contract) U) o S m I (If answer is no,contractor maybe required to submit an EEO-1 surveyor other reports to the Equal Employment Opportunity Commission Contact the EEOC at 800-669-4000 or inquire online at hap✓/www.eeongow/eolsarvey4ndmhhA a N 3. Compliance reports were filed in connection with such contract or subcontract with the Joint Reporting m Committee,the Deputy Assistant Secretary or the Equal Employment Opportunity Commission. E � I YES ❑ NO ❑ NONE REQUIRED ❑ a CERTIFICATION The information above is true and complete to the best of my knowledge and belief. t Name and Title of Signer (Please Type) a i Signature Date i C-9 i FORM OF BID BOND KNOW ALL MEN BY THESE PRESENTS, that we,the undersigned, as Principal,and as Surety,are hereby and firmly bound unto the City of San Bernardino State of California, hereinafter referred to as"Obligee" in the penal sum of ten percent 10% of the total amount of the bid of the Principal submitted to the Obligee for the work described below,for the payment of which sum we hereby jointly and severally bind ourselves, our heirs,executors, administrators, successors and assigns. THE CONDITION OF THIS OBLIGATION IS SUCH, THAT: `o WHEREAS, the Principal has submitted to Obligee,a certain Bid,attached hereto and hereby made a part hereof to enter into a L y contract in writing,for the (' 0 U s c s (Copy here the exact title description of work, including location as it appears on the proposal) .2) for which bids are to be opened on (Insert date of opening) in NOW, THEREFORE, � n a. If said Bid shall be rejected,or in the alternate, i b. If said Bid shall be accepted and the Principal shall execute a contract m in the Form of contract attached hereto(properly completed in accordance with said Bid) w and shall furnish a bond for his faithful performance of said contract, a: and shall in all other respects perform the agreement created by the acceptance of said Bid, o then this obligation shall be void;otherwise,the same shall remain in force and effect;it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event,exceed the penal amount of this obligation as herein stated. a The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way c impaired or affected by any extension of the time within which the Obligee may accept such Bid;and said Surety does hereby m waive notice of any such extension. U U N Signed, this day of 20 a in IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are m corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers,the E day and year lust mentioned. m (SEAL) (SEAL) Principal Surety By: By: Signahae Signature Printed Name and Title Printed Name and Title NOTE:Notarization of Principal and Surety signatures and Power of Attorney of the Surety shall accompany this form. C-10 BIDDER'S FIRM NAME MBE/WBE INFORMATION- GOOD FAITH EFFORTS PLANS & SPECIAL PROVISIONS NO. 12853 Federal Affirmative Action Compliance Guidelines have established a Minority Business Enterprise(MBE) Goal of 19% and a Women Business Enterprise(WBE)Goal of 6% for this project. The information provided herein shows that adequate good faith efforts were made. See also Page 11 of CDBG CONTRACT PROVISIONS of these Special Provisions. A. The names and dates of each publication in which a request for MBE/WBE participation for this f project was placed by the bidder(please attach copies of advertisements or proofs of publication): `O U Publications Dates of Advertisement c 0 U c z rn J d d N B. The names and dates of written notices sent to certified MBEs/WBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty ,^a whether the MBEs/WBEs were interested(please attach copies of solicitations,telephone records, fax confirmations,etc.): N Names ofM6E1WBE Initial Solicitation Fallow Up Methods Solicited Dates and Dates M CL 0 r e J N C O 1 m ` U f •d n N I, C d C. The items of work which the bidder made available to MBE/WBE finis, including, where E appropriate, any breaking down of the contract work items (including those items normally performed by the bidder with its own forces) into economically feasible units to facilitate R MBE/WBE participation. It is the bidder's responsibility to demonstrate that sufficient work to j facilitate MBE/WBE participation was made available to MBE/WBE firms. Items of Work Breakdown of Items Packet Pg. 122 D. The names, addresses and phone numbers of rejected MBE/WBE firms, the reasons for ® the bidder's rejection of the MBE/WBE, and the firs selected for that work (please attach copies of quotes from the firs involved): Firms Rejected i i I O U C U W c t W Firms Selected a rn M m N V ( Z d � 3 L W i E. Efforts made to assist interested MBE/WBEs in obtaining bonding, lines of credit or d insurance, and any technical assistance or information related to the plans, specifications w s and requirements for the work which was provided to MBE/WBEs: c C U w .0 d d ' W ' C d E L U N a F. Efforts made to assist interested MBE/WBEs in obtaining necessary equipment, supplies, materials or related assistance or services, excluding supplies and equipment the CMBE/WBE subcontractor purchases or leases from the prime contractor or its affiliate: y `o v R c 0 G. The names of agencies, organizations or groups contacted to provide assistance in a contacting, recruiting and using certified MBEs/WBE firms (please attach copies of s requests to agencies or organizations, and any responses received, i.e., lists, Internet page download,etc.): d tl d Name of Method/Date Results l Agency/Organization of Contact of Contact w m ¢i N t 4t CL 3 K o, I J m � N c H. Any additional data to support a demonstration of good faith efforts (use additional sheets if necessary): w v d a N C E E L u m x a BIDDER'S FIRM NAME REFERENCES PLANS & SPECIAL PROVISIONS NO. 12853 1 Date The following are the names,addresses,and phone numbers for three public agencies for which BIDDER has 8 u ' performed similar work within the past two years: c 0 Public Agency's Contract Name,Title v Name&Address Type of Project Contract Amount Date Completed &Phone Number D 1. $ N (n I: A r � t u N q � 1 6 k L W 2. $ J d C O Y I V CL N C m _ E r U W I z 3. $ a MINORITY AND WOMEN OWNED BUSINESS ENTERPRISE PARTICIPATION This form is designed to assist the CITY in assessing and reporting the proposition and amounts of contracts and subcontracts awarded to Minority and Women Owned Business Enterprises(WMBE'S)for the project named below. Include information on all subcontractors and suppliers if the total bid amount exceeds$10,000. PLANS &SPECIAL PROVISIONS NO. 12853 REPAIR,REPLACEMENT AND UPGRADE OF THE STREET LIGHTING SYSTEM AT VARIOUS LOCATIONS IN THE CITY OF SAN BERNARDINO "Minority owned or controlled" means that 51% or more of the company's ownership or controlled 2 interest in the company is held by one or more Black Americans,Native Americans (including American Indians, Eskimos, Aleuts, and Native Hawaiians), Hispanic Americans, or Asian/Pacific Americans o f (including persons whose origins are from Japan, China,the Philippines, Vietnam, Korea, Samoa,Guam, ) the United States Trust Territories of the Pacific, Northern Marianas, Laos, Cambodia and Taiwan), or s any other group of natural persons identified as minorities in the project specifications by the CITY. rn J g "Female owned or controlled"means that 51%or more of the company's ownership or controlled interest 1 in the company is held by one or more female persons. M PROJECT o Project Name Project Number © $ Federally funded or assisted? [ ]Yes [ ]No a Total Bid Amount r m CONTRACTOR m d N Contractor's Name Address g .q U Federal I.D.Number CITY State Zip Code a $ Minority owned/controlled? [ ] Yes [ ] No W Portion of Bid Amount to be If so,what Minority? performed by Contractor Female owned/controlled? [ ] Yes [ ]No = v z SUBCONTRACTORS I) Subcontractor's Name Address Federal I.D.Number CITY State Zip Code $ Minority owned/controlled? [ ] Yes [ ]No Subcontract Bid Amount If so,what Minority? Female owned/controlled? [ ] Yes [ ]No SUBCONTRACTORS (Continued) 2) Subcontractor's Name Address i Federal I.D.Number CITY State Zip Code $ Minority owned/controlled? [ ] Yes [ ]No Subcontract Bid Amount If so,what Minority? Female owned/controlled? [ ] Yes [ ]N ----------------------------------------------------------------------------------------------------------------------- 3) `o Subcontractor's Name Address c Federal I.D.Number CITY State Zip Code c0 $ Minority owned/controlled? [ ] Yes [ ]No Subcontract Bid Amount If so,what Minority? z Female owned/controlled? [ ] Yes [ ]No -----------------—----------------------—-------------—--------------------------------- -------------------------------- d d N 4) n Subcontractor's Name Address Federal I.D.Number CITY State Zip Code $ Minority owned/controlled? [ ] Yes [ ]No a Subcontract Bid Amount If so,what Minority? Female owned/controlled7 [ ] Yes [ ]No Q z" w Subcontractor's Name Address N Federal I.D.Number CITY State Zip Code o $ Minority owned/controlled? [ ] Yes [ ]No u Subcontract Bid Amount If so, what Minority? L Female owned/controlled? [ ] Yes [ ] No o N G E 6 L Subcontractor's Name Address a Federal I.D.Number CITY State Zip Code $ Minority owned/controlled? [ ]Yes [ ]No Subcontract Bid Amount If so,what Minority? Female owned/controlled? [ ] Yes [ ]No Female owned/controlled? [ ] Yes [ ]No CONSTRUCTION CONTRACT PROVISIONS ' FOR FEDERALLY FUNDED PROJECTS o 0 U m c s 1, rn J d N M r 'o M N m n a r m J d f d co O !� v w d a N j C 0 N a "'Packet Pg: 128 I CITY OF SAN BERNARDINO CONSTRUCTION CONTRACT PROVISIONS FOR FEDERALLY FUNDED PROJECTS i The following Standards,Instructions and Certifications are provided to ensure compliance with Federal and State contracting requirements for Federal Community Development Block Grant funded construction projects and are contained in these Special Provisions or,by their reference,are included in these Special Provisions. L Documents -- All documents that will be required to be completed, signed and submitted by the `o lowest responsive bidder following the Bid Opening are contained in CDBG CONTRACT m PROVISIONS at the end of Part I of these Special Provisions. o U IL Labor Standards and Provisions -- This section contains Federal and State labor regulations regarding construction contracts. m I J * Federal Labor Standard Provisions - HUD - 4010 -- The prime contractor and all d subcontractors are required to abide by the Federal Labor Standards. The prime contractor is responsible for including these provisions in all subcontracts. (Authority cited in text of Provisions contained in PART III of these Special Provisions). i * Title 29 -Labor (Part 3 and Part 5) -- Includes: Copeland "Anti-Kickback" Act and Davis- Bacon Provisions. N V 'M * Article 40 USC - Section 327 -- Contract Work Hours and Safety Standards Act — a Established standards for hours of work and overtime pay. r * California Labor Code Excerpts beginning with 1773.3 relating to Apprentices on Public j Works -- The use of apprentices under State regulations, is described in this referenced document. n c 0 * Prevailing State and Federal Wage Decisions—The prime contractor and all subcontractors are required to pay their laborers and mechanics employed under this contract, a wage not != less than the highest wage for the work classification,specified in both the Federal and State a wage decision. (Authority-Title 29-Labor Part 5) w t d * Documents requiring signature under this section include: L v m (a) Contractor's Certification Concerning Labor Standards and Prevailing Wage a Requirements. (Authority-Title 29-Labor Part 3 and Part 5) (b) Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Requirements. (Authority-Title 29-Labor Part 3 and Part 5) CP-1 Packet Pg. 129 i III. Equal EmQoyment Re ations - This section contains Federal Equal opportunity requirements regarding construction and non-construction contracts. * Affirmative Action Compliance Guidelines for Construction and Non-Construction i Contractors ( contained in PART III ) - Prior to being awarded the contract, the selected contractor an subcontractor(s)who meet the guideline criteria for filing, must complete and submit the Affirmative Action Plan. This provision generally applies to contracts and subcontracts in excess of $10,000. (Authority - Executive Order 11246 as amended by Executive Order 11375 and Executive Order 11246 as amended by Executive Order 11375 and Title 41 --Public Contracts and Property Management,Part 60). 3 The following applies to all contracts and subcontracts with a value in excess of$10,000 unless otherwise noted: e U * Equal Employment Opportunity Clauses per Executive Order 11246 as amended by a Executive Order 11375(in PART M)include a summary of Equal Opportunity requirements r a that all contractors and subcontractors are subject to comply with regardless of contract j value. * Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era Readjustment Act of 1974,as amended. ^� * U.S.Department of Housing and Urban Development—Standards of Conduct * Documents requiring signature under this section include: # a 9 a) Certification of Bidder Regarding Equal Employment Opportunity. r � m b) Certification By Proposed Subcontractor Regarding Equal Employment opportunity. to C) "Section 3"Clause,With Certification when the contract exceeds$100,000. o v d) Affirmative Action Policy for Contractors,Subcontractor and Vendors. d I a � f) Certification of Compliance With Air and Water Acts -- The prime contractor and n all subcontractors must comply with this certification when the contract exceeds $100,000. E v A e) Contract Compliance Qualifying Report for Construction Contractor. Q CP-2 Packet Pg. 130 CONFLICT OF INTEREST i Interest of Members, Officers, or Employees of the City of San Bernardino,Members of Local Governing Body, and other Public Officials. i No member, officer, or employee of the City of San Bernardino, of its designees or agents,no member of the governing body of the City of San Bernardino, and no other public official of such locality who exercise any functions or responsibilities with U q L respect to the Y PLANS & SPECIAL PROVISIONS NO. 12853 y � REPAIR, REPLACEMENT AND UPGRADE M OF THE STREET LIGHTING SYSTEM AT VARIOUS LOCATIONS M IN THE CITY OF SAN BERNARDINO N { during his tenure or for one year thereafter, shall have any interest, direct or indirect, a d o: in this contract or any subcontracts, or the proceeds thereof, for work to be performed m J ry i in connection with construction of said improvements of the: N o v U STREET LIGHTING SYSTEM AT VARIOUS LOCATIONS £ s U R IN THE CITY OF SAN BERNARDINO CI-1 Packet`Pg.131 .' DOCUMENT LIST (A) CONTRACTOR DOCUMENTS TO BE SUBMITTED WITH BID a 1. Contractor Certification Of Compliance With Davis-Bacon And Related Acts Requirements -- (Authority - Title 29, Parts 3 and 5, and Federal Labor Standards Provisions--HUD-4010). z 2. Certification of Bidder Regarding Equal Employment Opportunity -- (Authority - M Executive Order 11246 as amended). 3. Bid Bond -- In conformance with the example "Form of Bid Bond". (Minimum Bonding u j Requirements established by CITY for Federally Funded Projects). c L 4. List of all Subcontractor'(s) addresses, license numbers, certification numbers, dollar amount of subcontractors, and specific description of subcontracts. 6 w in (B) CONTRACTOR AND SUBCONTRACTOR DOCUMENTS ^o TO BE SUBMITTED PRIOR TO NOTICE TO PROCEED N 1. Executed Bid and Contract Documents -- NOTE: HUD form 4010 must be attached to contract. a rr 2. Performance Bond -- Minimum three (3) "wet" copies to be provided by Contractor for a 100%of Bid Contract Amount. m d 3. Labor and Materials Bond -- Minimum three (3) "wet" copies to be provided by m c Contractor for 100%of the Bid Contract Amount 2 u 4. Minority and Women Owned Business Enterprise Participation -- This form contains data collected by the U.S. Department of Housing and Urban Development, and must be w provided prior to the Pre-Construction Meetine.. c m 5. Subcontractor's Certification Of Compliance With Davis-Bacon And Related Acts E Requirements — To be provided by all subcontractors (Authority - Title 29 CFR,Parts 3 and 5,and Federal Labor Standards Provisions--HUD-4010). 6. Certification by Proposed Subcontractor Regarding Equal Employment Opportunity - - To be provided by all subcontractors. (Authority-Executive Order 11246 as amended). DL-I Packet Pg.132 '. (B) CONTRACTOR AND SUBCONTRACTOR DOCUMENTS TO BE SUBMITTED PRIOR TO NOTICE TO PROCEED (Continued) 7. Affirmative Action Policy for Contractors and Vendors — To be submitted by Contractors and Subcontractors with contract and subcontracts valued at $10,000.00 or more. (Authority-Executive Order 11246 as amended; Title VU of the Civil Rights Act of 1964, as amended; Section 503 of the Rehabilitation Act of 1973; the California Fair Employment Practices Act,and the City of San Bernardinds Affirmative Action Program). 3. Section 3 Clause with Certification — To be provided by Contractor and Subcontractors with contracts and subcontracts valued at$100,000.00 or more. (Authority-cited in Text of 0 Acts). c 6. Certification of Compliance with Air and Water Acts -- To be provided by Contractor and Subcontractors with contracts and subcontracts valued at $100,000.00 or more. (Authority-cited in Tent of Acts). N (C) CONTRACTOR DOCUMENTS TO BE SUBMITTED DURING CONSTRUCTION r In addition to the above-named items,the Contractor must provide the following as noted: (Forms provided .a by Public Works prior to construction.): r m J g WEEKLY 1. Contractor Certified Payroll Reports — (Payroll Form WH-347). a } (Authority-Title 29 CM Parts 3 and 5). iw c 0 WEEKLY 2. Certified Payroll Reports(Payroll Form WH-347)for all Subcontractors with subcontracts. i (Authority-Title 29 CFR,Parts 3 and 5). i m 0, WEEKLY 3. Weekly Reports of Subcontractors on site. E r 4. Contract Compliance Qualifying Report for Construction Contractors and Vendors -- To m { be submitted by Contractor for all projects with a value of$10,000.00 or more. (Authority- Executive Order 11246 as amended,Title VD of the Civil Rights Act of 1964, as amended r and the California Fair Employment Practice Act.) I i i i i { DL-2 3 Packet Pg. 133 COIVIMUMTY DEVELOPMENT BLOCK GRANT( CDBG) CONTRACT PROVISIONS o U c d' t W J d d N M r m M N m N � d � L W J d d M c I � I A I o I Q N ' C d L V N a Packet Pg. 134 TABLE OF CONTENTS Construction Contract Provision Definitions............................................page 1 Bid Package INSERTS and Contract INSERTS .......................................page 2 i i Required Documents Checklist............................................................page 3 Contractor's Certification of Compliance with Davis-Bacon and Related Acts......page 4 0 u m Minority and Women Owned Business Enterprise Participation...................pages 5-6 c U w Certification of Bidder Regarding Equal Employment Opportunity....................page 7 m ti Certification of Subcontractor Regarding Equal Employment Opportunity..........page 8 l N Section 3 Report - Contracts of$100,000 or more.......................................page 9 Section `3' Clause...........................................................................page 10 N Affirmative Action Compliance Guidelines............................................pages 11 u z z J d t d N O u w m CL N i C E L V Q Packet Pg. 135 CONSTRUCTION CONTRACT PROVISIONS- DEFINITIONS The following are definitions of State and Federal provisions/documents for federally-assisted projects. Please refer to the j "Required Documents Checklist"for any documents to be completed and submitted for this project. j) Affirmative Action Compliance Guidelines For Construction or Non-Construction Contractors-Generally,affirmative action requirements apply to contracts and subcontracts in excess of$10,000. This document provides guidelines to help contractors meet affirmative action and equal employment opportunity requirements set forth in Federal regulations 41 CFR 60. Bid Bond-A bid guarantee of at least 10%of the contract price is required from each bidder and most be submitted with the 1 Bid. A form is included in the"Bid Documents"of Part I of these Special Provisions. o U Certification of Bidder Regarding Equal Employment Opportunity-This certification is included in the"Bid M Documents"and is required by Federal law(41 CFR 60). It most br completed by the prime contractor and submitted to the o + CITY with the Bid Documents. Certification of Compliance with Air and Water Acts-The prime contractor and all subcontractors must comply with this 5 certification when the contract exceeds$100,000. 'O rn Certification of Proposed Subcontractor Regarding Equal Employment Opportunity-This certification must be J completed by all subcontractors and submitted to the prime contactor for submittal to the CITY prior to the pre-construction meeting. rn Contractor's Certification of Compliance with Davis-Bacon and Related Acts-This certification is required by Federal n law(29 CFR 5)and must be completed by the prime contractor and submitted to the CITY with the Bid Documents. Equal Employment Opportunity Claoses/Equal Employment Opportunity Construction Contract Provisions-These provisions are to be inserted in all applicable federally-assisted contracts and subcontracts. co tl Federal Labor Standards Provisions(HUD 4010 form)-These provisions set forth the federal labor requirements for # contactors working on a federally-assisted construction projects in which the prime contract exceeds$2,000. The prime 'a contractor and all subcontractors are required to pay their laborers and mechanics working onsite a wage not less than the C highest wage for the work classification specified in both the Federal and State Wage Decisions when the contract amount for the prime contractor exceeds$2,000. The prime contractor is responsible for including these provisions in all subcontracts. La Federal Prevailing Wage Decision-The Federal Wage Decision contains the federal wage rates for heavy construction projects within the County of San Bernardino. A copy of the decision is included in the bid package and can also be found at hnp�&ww gpo gam6d yisbacon/cahtml. The wage decision that applies to the project is the one in effect 10 days prior to the N bid opening date. C Labor and Materials Bond-This payment bond guarantees that employees/subcontractors,and suppliers are paid for services rendered and materials supplied.The Labor&Materials Bond must be at least one hundred percent(100%)of the contract price and must be submitted to the CITY upon award of the contract. ra Minority and Women-Owned Business Enterprise Participation Form-This form contains data collected by the U.S. Department of Housing and Urban Development and must be completed by the prime contractor and submitted to the CITY E prior to the pre-construction meeting. Performance Bond-This bond guarantees the contractor's performance under the terms of the construction contract and must z be at least one hundred percent(100%)of the contract price and submitted to the CITY following award of the contract. Q "Section 3"-This law applies to construction contracts exceeding$100,000,on projects funded by the U.S.Department of Housing and Urban Development(HUD). To the greatest extent feasible,contractor(s)and subcontractor(s)must attempt to become a Section 3 business. A Section 3 business is one owned by a low-income person,a business of which 30%of the workforce is comprised of low-income individuals,or a business that contracts 25%of its work to Section 3 businesses. Page 1 of 11 BID PACKAGE INSERT - NOTICE INVITING BIDS COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS: Bidders are advised that this project is funded with Community Development Block Grant Funds. The requirements of the Davis-Bacon Act will apply to this project and those requirements will be enforced. The prime contractor and all subcontractors are required to pay their laborers and mechanics employed under this Contract, a wage not less than minimum wage classification, as specified in both the Federal and State Wage Decision when the Contract amount for the Prime Contract exceeds $2,000. The higher of the two applicable wage classifications, either State Prevailing Wage or Davis-Bacon Federal Prevailing Wage, will be enforced for all work under this Contract. The prime contractor is responsible for ensuring subcontractor compliance with Davis-Bacon and related Act Requirements. The Federal Labor Standards Provisions(HUD 4010)apply to this project. U 1 A copy of the Davis-Bacon Federal Prevailing Wage,the date of which reflects the latest applicable modification at c the time of this advertisement,is included in the Contract Documents&Specifications. Bidders shall be notified,via c) Addendum,of modifications,if any,which supercede that included herein,up until a minimum of ten(10)days prior r a to the actual Bid Opening. rn BID PACKAGE INSERT - INSTRUCTIONS TO BIDDERS d COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS: M Bidders are advised that this project is funded with Community Development Block Grant Funds. The requirements of the Davis-Bacon Act will apply to this project and those requirements will be enforced. The prime contractor and m i all subcontractors are required to pay their laborers and mechanics employed under this Contract, a wage not less a than minimum wage classification, as specified in both the Federal and State Wage Decision when the Contract u amount for the Prime Contract exceeds $2,000. The higher of the two applicable wage classifications, either State Prevailing Wage or Davis-Bacon Prevailing Wage, will be enforced for all work under this Contract. WE The Prime Contractor is responsible for ensuring Subcontractor compliance with Davis-Bacon and Related Act t Requirements. The Federal Labor Standards Provisions(TRIO 4010)apply to this project. § A copy of the Davis-Bacon Federal Prevailing Wage,the date of which reflects the latest applicable modification,is e included in the Contract Documents&Specifications. Bidders shall be notified,via Addendum,of modifications,if c any,which supercede that included herein,up until a minimum of ten(10)days prior to the actual Bid Opening. 3 u 1 A weekly certified payroll is required during the term of construction. Payment of invoice may be delayed when ft certified payrolls are not submitted weekly. The CITY shall make progress payments on any properly completed n payment request submitted by the Contractor. The payment request shall not be deemed properly completed unless .. certified payroll form WH 347 has been properly completed and submitted on a weekly basis for each week worked E during the time period covered by said payment request. m Notice of Requirement For Affirmative Action To Ensure Equal Employment Opportunity - The bidder's attention is called to the "Equal Opportunity Clause and "Standard Federal Equal Employment Specifications" contained in the bid package. Goals and timetables for minority and female participation, expressed in percentage terms for the Contractors aggregate workforce in each trade on all construction work in the covered area,is 19%for minorities and 6.9%for women. INSERT — CONSTRUCTION CONTRACT Federal Labor Standard Provisions (HUD 4010 Form)apply to this project and are attached. Page 2 of 11 REQUIRED DOCUMENTS CHECKLIST REQUIRED PRIOR TO CONTRACT AWARD [ ] 1. Bid Package signed by Contractor [ ] 2. Signed Partnership Agreement(if applicable) [ ] 3. Bid Bond [ ] 4. Signed Contractor's Certification of Compliance with Davis-Bacon and Related Act Requirements o U C ! REQUIRED PRIOR TO PRECONSTRUCTION MEETING J [ ] 4. Executed Contract/Purchase Order NOTE: HUD form 4010 must be attached to contract N [ ] 5. Bonds(performance/payment or labor and material bonds) [ ] 6. Completed "Minority and Women Owned Business Enterprise Participation" form N [ ] 7. Completed Bidder/Subcontractor's Certification regarding Equal Employment u a z" t m J REQUIRED DURING CONSTRUCTION N L I [ ] 9. Weekly Certified Payrolls [ ] 10. Statement of Authorization (required if payrolls are certified by someone other than the owner or corporate officer)" a fn [ ] 11. Fringe Benefit Statement (required if employee benefits are paid to a trust/fund)' E E [ ] 12. Section 3 Report(Applies to contracts of$100,000 or more) a i "Note: These forms will be discussed by CITYstaffat the preconstruction meeting Page 3 of 11 Packet Pg.1`38 CONTRACTOR'S CERTIFICATION OF COMPLIANCE WITH DAVIS-BACON AND RELATED ACTS REQUIREMENTS I as Prime Contractor for Project: hereby make the following certification and acknowledgment with respect to the applicability of Davis-Bacon and Related Acts Requirements: F 1) By entering into this Contract, I certify that I acknowledge that the above referenced project is federally 3 funded and I am solely responsible for complying with the Davis-Bacon and Related Acts Requirements; and, r°0 2) The Prime contractor and all subcontractors are required to pay their laborers and mechanics employed 5 under this contract, a wage not less than the highest wage applicable to their work classifications, as rn 1 specified by the current and applicable Federal Wage Determination. If no Federal work classification appears to apply, prime contractor shall make written request to CITY to obtain applicable work classifications and wage rates prior to start of construction. When the same classification appears in both in the Federal and State wage decisions, the higher wage must be paid for that classification. The Prime n Contractor is responsible for ensuring subcontractor compliance with Davis-Bacon and Related Acts Requirements. m N IF THE COMPANY IS A CORPORATION, CORPORATE OFFICERS ARE AS FOLLOWS: d z r m d President N C O Vice-President w 1 d CL j y Secretary/Treasurer E r u M x Signature,Prime Contractor I Title(Owner or President) Date Page 4 of t t MINORITY AND WOMEN OWNED BUSINESS ENTERPRISE PARTICIPATION This form is designed to assist the CITY in assessing and reporting the proposition and amounts of contracts and subcontracts awarded to Minority and Women Owned Business Enterprises (WMBE'S) for the project named below. Include information on all subcontractors and suppliers if the total bid amount exceeds $10,000. "Minority owned or controlled" means that 51%or more of the company's ownership or controlled interest in the company is held by one or more Black Americans, Native Americans (including American Indians, Eskimos, Aleuts, and Native Hawaiians), Hispanic Americans, or Asian/Pacific Americans (including persons whose origins are from Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the United States Trust Territories of the Pacific,Northern Marianas, Laos, Cambodia and Taiwan), or any other group m of natural persons identified as minorities in the project specifications by the CITY. `0 "Female owned or controlled"means that 51%or more of the company's ownership or controlled interest in c the company is held by one or more female persons. s P J PROJECT in Project Name Project Number $ Federally funded or assisted? [ ]Yes [ ]No M Total Bid Amount H i CONTRACTORgg .a 1 z Contractor's Name Address m . Federal I.D.Number CITY State Zip Code rn $ Minority owned/controlled? [ ] Yes [ ]No Portion of Bid Amount to be If so,what Minority? performed by Contractor Female owned/controlled? [ ] Yes [ ]No $ a N SUBCONTRACTORS d ' E v I)Subcontractor's Name Address a Federal I.D.Number CITY State Zip Code $ Minority owned/controlled? [ ] Yes [ ]No Subcontract Bid Amount If so,what Minority? Female owncd/controlled? [ ]Yes [ ]No © --------------------------------------------------------------------------------------------------------------------- Page 5 of 11 Packet Pg. 140 SUBCONTRACTORS (Continued) 2) ` Subcontractor's Name Address 1 Federal I.D.Number CITY State Zip Code $ Minority owned/controlled? [ ] Yes [ ]No Subcontract Bid Amount If so,what Minority? Female owned/controlled? [ ] Yes [ ]N l Ic 0 3) i Subcontractor's Name Address 0 Federal I.D.Number CITY State Zip Code o IT $ Minority owned/controlled? [ ] Yes [ ]No s Subcontract Bid Amount If so,what Minority? —Female owned/controlled? [ ]Yes [ ]No d --------------------------------------------------- ----------------------------------------- N 4) � Subcontractor's Name Address n CITY State Zip ' Federal I.D.Number P Code N $ Minority owned/controlled? [ ] Yes [ ]No a Subcontract Bid Amount If so,what Minority? o _ Female owned/controlled? [ ] Yes [ ]No -----------------------—------------------------------ rn J 5) Subcontractor's Name Address N c 0 Federal I.D.Number CITY State Zip Code .2 $ Minority owned/controlled? [ ] Yes [ ]No c Subcontract Bid Amount If so,what Minority? m Female owned/controlled? [ ]Yes [ ]No m s E 6) Subcontractor's Name Address x Federal I.D.Number CITY State Zip Code $ Minority owned/controlled? [ ] Yes [ ]No Subcontract Bid Amount If so,what Minority? Female owned/controlled? [ ] Yes [ ]No Female owned/controlled? [ ] Yes [ ]No Page 6 of 11 Packet Pg. 141 CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY Project Name: INSTRUCTIONS s This certification is required pursuant to Executive Order 11246(30 F.R. 12319-25). The implementing rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state +1 as an initial part of the bid or negotiations of the contract whether it has participated in any previous contract or subcontract subject to the equal opportunity clause; and, if so, whether it has filed all compliance reports due under applicable instructions. Where the certification indicates that the bidder has not filed a compliance report due under applicable c ; instructions, such bidder shall be required to submit a compliance report within seven calendar days after bid v opening,.No contma shall he.awarded anless.sochreport.is.submitted.... _... _. c s ! CERTIFICATION BY BIDDER rai d Bidder's Name N Address&Zip Code M 1.Bidder has on file an affirmative action program pursuant to Part 60-2(applies to non-construction contracts). N " at Yes❑ No❑ Q. T K 2.Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause. L m J Yes❑ No❑ (If answer is yes, identify the most recent contract.) d it N I (If answer is no, contractor may be required to submit an EEO-I survey o € or other reports to the Equal Employment Opportunity Commission, '� t contact the EEOC at 800-669-4000 or inquire online at i hap✓/www.eeoegoweeolsarveyAndexhtml. d n N 3. Compliance reports were filed in connection with such contract or subcontract with the Joint Reporting Committee, the Deputy Assistant Secretary or the Equal Employment Opportunity Commission. E E U N ' Yes❑ No❑ None required❑ a Certification: The information above is true and complete to the best of my knowledge and belief. Name and Title of Signer (Please Type) Signature Date Page 7 of 11 Packet Pg.142 CERTIFICATION BY PROPOSED SUBCONTRACTOR REGARDING EQUAL EMPLOYMENT OPPORTUNITY Name of Prime Contractor. Project Name: INSTRUCTIONS This certification is required pursuant to Executive Order 11246(30 F.R 12319-25). The implementing rules and oc regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state o as an initial part of the bid or negotiations of the contract whether it has participated in any previous contract or subcontract subject to the equal opportunity clause; and, if so, whether it has filed all compliance reports due c under applicable instructions. c Where the certification indicates that the subcontractor has not filed a compliance report due under applicable L instructions, such subcontractor shall be required to submit a compliance report before the owner approves the .2 subcontract or permits work to begin under the subcontract. m m N SUBG6lv'T°.:CTOP.'S^ .TSFICATION. m Subcontractor's Name: Address&Zip Code: N a 1.13idder has on file an affirmative action program pursuant to Part 60-2(applies to non-construction contracts). Yes❑ No❑ r m 2.Bidder has participated in a pre vious contract or subcontract subject to the Equal Opportunity Clause. y Yes❑ No❑ (If answer is yes, identify the most recent contract.) m { N (If answer is no, contractor may be required to submit an EEO-1 survey or c other reports to the Equal Employment Opportunity Commission, contact the EEOC at 800-669 4000 or inquire online at v hhp://www eeoagoweeolsurveyhndexhhnl. u s n i 3.Compliance reports were filed in connection with such contract or subcontract with the Joint Reporting Committee,the Deputy w Assistant Secretary or the Equal Employment Op orhmity Commission. j d Yes❑ No LJ None required❑ E t m ' Certification: The information above is true and complete to the best of my knowledge and belief. Q Name and Title of Signer (Please Type) Signature Date © • NOTE: THLSFORMMUSTBE FILLED OUTBYEACH OF THEBIDDER'S SUBCONTRACTORS. Page 8 of 11 Packet Pg. 143 5.F.c j Section 3 Report - Contracts over $100,000 Project Name/Number: Prime Contractor Name/Address/Phone Number: i Please check the contract type: ❑ Construction 0 Non-Construction Under Section 3 of the Housing and Urban Development Act of 1968, as amended (the Act), the City of San Bernardino is directed to award a portion of all construction contracts of$100,000 or more, on projects i funded by the Department of Housing and Urban Development(HUD),to Section 3 businesses. A Section m 3 business: 1) is at least 51% owned by a low-income person,or 2) has a workforce comprised of at least o d 30%low-income persons,or 3) subcontracts at least 25% of its work to Section 3 businesses. Contractors v with contracts over$100,000 must show a good faith effort to become a Section 3 business. c The prime contractor must complete the following.Numbers should reflect information from the prime contractor and all subcontractors working on the 'ect. d #of new #new hires %of total staff %of staff hours #of low-income d hires for that are low- hours worked by worked by low-income employees and in Job Category the project income new hires who are employees and trainees trainees n low-income _Qnduding new hires)r° Professionals M Technicians N Office/Clerical Construction By Trade d i ist : rc 1. Trade RM 2. Trade m e 3. Trade 4. Trade in S. Trade `o 6. Trade u 7. Trade Other (List)m a N Please check one of the following: ❑❑I am a Section 3 business ', ❑❑ I am not a Section 3 business M 0❑I am working towards becoming a Section 3 business a If you checked the 3rd box above,please check efforts made to become a Section 3 business: ❑❑Attempted to recruit low-income residents through: local advertising media,signs prominently displayed at the project site,contacts with community organizations and public or private agencies. 11 F1 Participated in a HUD program,which promotes the training and employment of low-income residents ❑❑Participated in a HUD program which promotes the award of contracts to Section 3 businesses i ❑❑Coordinated with HUD Youth Build programs ❑❑ Other efforts made(describe): Page 9 of 71 i "SECTION 3" CLAUSE 3-2.2 Employment opportunities for business and lower income persons in connection with assisted "- projects.This clause applies to construction contracts of$100,000 or more,on projects funded with $200,000 or more in federal funds from the U.S.Department of Housing and Urban Development. Assurance of compliance with regulations. ) (A)Every contract or agreement for a grant, loan, subsidy or other direct financial assistance in aid of housing, 1 urban planning, development, redevelopment, or renewal, public or community facilities and new community facilities and new community development, entered into by the Department of Housing and Urban Development with respect to a Section 3 covered project shall contain provisions requiring the a, applicant or recipient to carry out the provisions of Section 3,the regulations set forth in this part, and any o applicable rules and orders of the Department issued thereunder prior to approval of its application for i3 assistance for a Section 3 covered project. c (B)Every applicant, recipient, contracting party, contractor and subcontractor shall incorporate, or cause to be v incorporated, in all contracts for work in connection with a Section 3 covered project, the following clause c (referred to as Section 3 clause): a. The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development as is m subject to the requirements of Section 3 of the Housing and Urban Development and is subject to the m requirements of section 3 of the Housing and Urban Development Act of 1968,as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns, which are located or owned in substantial part by persons residing in the area of the project. r b.The parties to this contract will comply with the provisions of said Section 3 and the regulations # issued pursuant thereto by the Secretary of Housing and Urban Development set forth to Z4CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this K contract. The parties to this contract certify and agree that they are under no contractual or other disability,which would prevent them from complying with these requirements. .r d c. The contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said in labor organizations or worker's representative of his commitments under this Section 3 clause and o shall post copies of the notice in conspicuous places available to employees and applicants for u employment or training. d. The contractor will include this Section 3 clause in every subcontract for work in connection with the w project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of j regulations issued by the Secretary of Housing and Urban Development 24 CFR 135. The contractor E will not subcontract unless the subcontractor has first provided him with a preliminary statement of ability to comply with the requirements of these regulations. Q e. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of the contract, shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors and assigns, to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided,and to such sanctions as are specified by 24 CFR 135 Page 10 of 11 Packet Pg. 145 NOTICE OF REQUIREMENTS FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246 AND 41 CFR PART 60-4) The following Notice shall be included in,and shall be a part of all solicitations for offers and bids on all Federal and federally assisted construction contracts or subcontracts in excess of$10,000. p The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications"set forth herein. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractors o # aggregate workforce in each trade on all construction work in the covered area,are as follows: c Timetables Goals for minority Goals for female ° U participation for each trade participation for each trade n t i 19.0% 6.9% J These goals are applicable to all the Contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the contractor performs construction work in a geographical area °1 located outside of the covered area,it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area,the contractor also is subject to the goals for both its federally involved and non-federally involved construction The Contractor's compliance with the Executive Order and the n regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific N affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet u j the goals. The hours of minority and female employment and training must be substantially uniform throughout Q the length of the contract,and in each trade and the contractor shall make a good faith effort to employ minorities rr and women evenly on each of its projects. The transfer of minority or female employees or trainees from p Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a j violation of the contract,the Executive Order,and the regulations in 41 CFR Part 60-4.Compliance with the goals will be measured against the total work hours performed. n c ° The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance '-;6 Programs within 10 working days of award of any construction subcontract in excess of$10,000 at any tier for w construction work under the contract resulting from this solicitation. The notification shall list the name, address v and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar w amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in m which the subcontract is to be performed. As used in this Notice, and in the contract resulting from this E solicitation,the"covered area" is: State of CALIFORNIA County of SAN BERNARDINO City of SAN BERNARDINO Page 11 of 11 PART II SPECIAL PROVISIONS 0 u A c 0 U 0! c r m d m N M n N W N a r dy[ 1 N i O i V w V w 6 N C d E r 0 R Q PacketPg:.147 d SPECIAL PROVISIONS INSTRUCTIONS TO BIDDERS SECTION 1 i 1-1 SPECIFICATIONS AND PLANS j 0 u 1-1.01 GENERAL -- The work embodied herein shall be done in accordance with the Standard Specifications for the Public Works Construction, latest edition in effect on the first day of the advertised "Notice Inviting Sealed Bids" for this project, and City of San Bernardino Standard Drawings, insofar as the same apply and in accordance with the following Special W Provisions. a, d N 1-1.02 DEFINITIONS -- Whenever in the Standard Specifications the following terms are used,they shall be understood to mean and refer to the following: N Agency The City of San Bernardino. N ; Board The Mayor and Common Council s for the City of San Bernardino. J City Engineer - The City Engineer for the City of San Bernardino. y c Laboratory - The laboratory to be designated by ig the City of San Bernardino to test materials w and work involved in the contract. o N Office of the District - Whenever, in the Standard Specifications, reference is made to d the office of the District or the District's office, such references shall be deemed made to the Office of the City Engineer, x i Public Works Department, located on the 3`s floor of City Hall a for the City of San Bernardino, 300 N. "D" Street, San Bernardino. SP-1 77i i1 The mailing address for the City of San Bernardino's Public Works Department is: City of San Bernardino Public Works Department 300 North"D" Street, 3rd Floor San Bernardino, CA 92418-0001 Resident Engineer - The Resident Engineer is the City of San Bernardino's Engineer City Engineer, registered as a Civil Engineer in the State of o California, or the designated representative of the City of San A Bernardino's City Engineer, registered as a Civil Engineer in to the State of California. t � k Notice Advertising for Bids - Notice Inviting Sealed Bids. i Standard Specifications - Standard Specifications for Public Works Construction �? "Green Book". Other terms appearing in the Standard Specifications, and these Special Provisions, shall M have the intent and meaning specified in Section 1-2, "Definitions", in the Standard Specifications. a 1-1.03 STANDARD SPECIFICATIONS - The Standard Specifications for the r Agency are contained in the most current edition of the STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, "GREEN BOOK", as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and the Southern California District of the Associated General Contractors of California. U 6 The Standard Specifications set forth above will control the general provisions for this Contract except as amended by the Plans, Special Provisions, or other contract documents. d E z U ' Only those Sections requiring amendment or elaboration or specifying options are called a out. In case of conflict between the Standard Specifications and the Special Provisions, the Special Provisions shall take precedence over and be used in lieu of such conflicting portions. SP-2 Packet Pg. 749 References in the Special Provisions to "CALTRANS Standard Specifications" shall mean the Standard Specifications (MAY,2006)of the State of California,Department of Transportation. References in the Special Provisions to Standard Plans shall mean the Standard Plans for the City of San Bernardino or other governing agency as specified. Applicable Standard Plans for this project are contained in the"Standard Drawings", section of these Special Provisions. gGg) { Where the Plans or Specifications describe portions of the work in general terms,but not in _ complete detail, it is understood that the item is to be furnished and installed complete and in place, that only the best general practice is to prevail and that only materials and workmanship of the first o quality are to be used. Unless otherwise specified, the Contractor shall famish all labor, materials, tools, equipment, and incidentals and do all the work involved in executing the Contract. The o Contractor shall meet or exceed the applicable Public Works Policies and Procedures unless directed otherwise by these Special Provisions or as directed by the Engineer. The plans and specifications of this project shall conform to the requirements of the City of m San Bernardino Municipal Code and Public Works Construction Policies, the latest editions of the �? Standard Specifications for Public Works Construction (green book), the American Concrete Institute (ACI), the Uniform Building Code (UBC), Uniform Plumbing Code (UPC), the National Electrical Code, Caltrans Standard Specifications, and these Special Provisions. N �p Wherever reference it made to any of the standards mentioned above, the reference shall be construed to mean the code, order or standard that is in effect on the first day of the advertised "Notice Inviting Sealed Bids". J 1-1.04 TAXES -- No mention shall be made in the proposal of Sales Tax, Use Tax or any tax, as all amounts bid will be deemed and held to include any such taxes, which may be 2 applicable. n H 1-1.05 INTERPRETATION OF PLANS AND DOCUMENTS -- If any person contemplates submission of a bid for the proposed contract and is in doubt as to the true meaning o of any part of the services to be performed,they may submit a written request for an interpretation x or correction thereof. The person submitting the request will be responsible for its prompt delivery a by 5:00 p.m. of the 5`" worldng day prior to the day of the proposed bid opening. Any interpretation or correction of the proposed documents shall be made only by addendum duly issued and copy of such addendum will be faxed and mailed or delivered to each person of record as receiving a set of such documents. The CITY will not be responsible for any other form of explanation or interpretation of the proposed documents. SP-3 Packet Pg.150 1-1.06 PLANS AND SPECIFICATIONS TO BE PROVIDED -- The City will provide the Contractor with five (5) sets of Plans and Specifications at no cost after the Award of Contract. The Contractor shall obtain all additional sets at its own cost. 1-1.07 ADDENDA OR BULLETINS -- All Bidders are advised as to the possibility of issuance of addenda affecting the items, scope or quantity of the work required for this project. Each Bidder shall be fully responsible for informing themselves as to whether or not any such addenda have been issued The effect of all addenda to the Contract Documents shall be _ considered in the bid and said addenda shall be made a part of the Contract Documents and shall be returned with them. Failure to cover in a bid any such addenda issued may render the bid irregular and may result in its rejection by the City. o, t � J d CO V I M WN CL L O1 J m N C O U w W N c E f r � v m SP-4 Packet Pg. 151 { 5.F.c .. . ii SECTION 2 2-1 BID REQUIREMENTS AND CONDITIONS 'i 2-1.01 GENERAL -- Bids must submitted on the bid form contained herein. All bids shall be signed, sealed and accompanied by cash, cashier's check or bid bond made payable to the City of San Bernardino, in the amount of ten percent (10%) of the bid. Such cash, check or bond shall be given as a guarantee that the bidder will enter into the contract if awarded to him. In the event the bidder,to whom the contact is awarded, refuses to execute said contract, and/or fails 0 to file the necessary bonds and insurance certificate within ten (10) working days following the 2 date of the City's Notice of Award letter, the Bidder shall forfeit the bid bond to the City. By not o executing the contract, the use by the public of the improvements will be delayed and the public will suffer great damage. From the nature of the case, it would be extremely difficult and m impractical to fix the amount of said damage. Therefore, the City and the bidder agree that the bid D guarantee of 10% of the bid shall be paid to the City as forfeiture. Bid bonds shall be underwritten a by a surety company having a rating in Best's most recent Insurance Guide of"A" or better. Bonds �? must be issued by a surety who is listed in the latest version of U.S. Department of Treasury Circular 570 and is authorized to issue bonds in the State of California. The Form of Bid Bond is contained in the Bid Documents in Part I of the Special Provisions. Notarization of the signatures m of the Principal and the Surety and the Power of Attorney of the signing Surety shall accompany a this form. Any bid not accompanied by such bid bond will be rejected as invalid. a a r 2-1.02 MINORITY AND WOMEN'S BUSINESS ENTERPRISES -- A policy for establishing goals for participation of Minority and Women's Business Enterprises (MBE/WBE) 2 was adopted by Resolution No. 95-409 of the Mayor and Common Council of the City of San c Bernardino, on 11-20-95. This outreach program superseded Resolution No. 93-411 and the Standard Operation Procedures dated January 1994. w Bidder's outreach efforts (good faith efforts) must reach out to MBEs, WBEs and all other business enterprises. Prime bidders could reasonably be expected to produce a level of d participation by interested subcontractors of 19 % MBE and 6_9 % WBE on this project, per Community Development Block Grant(CDBG)funding requirements. a Certified minority and female owned subcontractors and material suppliers for the San Bernardino area located in Caltrans District 8 are fisted on the California Unified Certification Program (UCP) DBE Directory and can be obtained by accessing the directory on the California Department of Transportation DBE website at http.11www.dotcagou1hq1bep1 Bidders shall make every reasonable effort to solicit bids from MBE/WBEs. A justification shall be provided to support the rejection of any bid from a minority or women's business enterprise, certified by Caltrans. SP-5 2-1.03 MINORITY WOMEN AND OTHER BUSINESS ENTERPRISES AND CITY PROCUREMENTS -- It is the policy of the City of San Bernardino to provide Minority Business Enterprises (MBEs), Women Business Enterprises (WBEs) and all other enterprises an equal opportunity to participate in the performance of all CITY contracts. Bidders shall assist the j CITY in implementing this policy by taking all reasonable steps to ensure that all available business enterprises, including local MBEs and WBEs, have an equal opportunity to compete for j and participate in CITY contracts. Bidders' good faith efforts to reach-out to MBEs, WBEs and all other business enterprises shall be determined by the following factors: (1) The bidder attended pre-solicitation or pre-bid meetings, if any, scheduled by the CITY to inform all bidders of the requirements for the project for which the contract will be A awarded. The CITY may waive this requirement if the bidder certifies it is informed as u to those project requirements. in L (2) The bidder identified and selected specific items of the project for which the contract will be awarded to be performed by sub-contractors to provide an opportunity for d participation by MBEs, WBEs and other business enterprises. The bidder shall, when �? economically feasible, divide total contract requirements into small portions or P quantities to permit maximum participation of MBEs, WBEs and other business enterprises. M N (3) The bidder advertised for bids from interested business enterprises not less than ten calendar days (see Sub-Section 2-1.04 for exception)prior to the submission of bids, in one or more daily or weekly newspapers, trade association publications, minority w or trade oriented publications,trade journals,or other media specified by the CITY. d (4) The bidder provided written notice of its interest in bidding on the contract to those business enterprises, including MBEs and WBEs, having an interest in participating ° 4 in such contracts. All notices of interest shall be provided not less than ten calendar c t days (see Sub-Section 2-1.04 for exception) prior to the date the bids were required o to be submitted. In all instances, the bidder must document that invitations for sub- w contracting bids were sent to available MBEs, WBEs and other business enterprises d for each item of work to be performed x � a (5) The bidder documented efforts to follow up initial solicitations of interest by contracting the business enterprises to determine with certainty whether the enterprises were interested in performing specific portions of the project. SP-6 (6) The bidder provided interested enterprises with information about the Plans, Specifications and requirements for the selected sub-contracting work. (7) The bidder requested assistance from organizations that provide assistance in the recruitment and placement of MBEs, WBEs and other business enterprises not less than fifteen days (see Sub-Section 2-1.04 for exception) prior to the submission of bids. (8) The bidder negotiated in good faith with interested MBEs,WBEs and other business enterprises and did not unjustifiably reject as unsatisfactory bids prepared by any enterprises,as determined by the CITY. As documentation the bidder must submit a list of all sub-bidders for each item of work solicited, including dollar amounts of potential work for MBEs,WBEs and other business enterprises. (9) The bidder documented efforts to advise and assist interested MBEs, WBEs and other business enterprises in obtaining bonds, lines of credit, or insurance required a by the CITY or Contractor. If the CITY has established expected levels of participation for MBE and WBE sub- contractors, failure to meet those levels shall not be a basis for disqualification of the bidder. A 0 determination of the adequacy of a bidders' good faith effort must be based on due consideration of the indicia of good faith as set forth above. In the event that the CITY is considering awarding away from the lowest bidder or not t awarding a contract to a proposed bidder because the bidder is determined to be non-responsive for W i' failure to comply with the good faith indicia set forth above,the CITY shall, if requested, and prior to the award of the contract, afford the bidder the opportunity to present evidence to the Mayor and Common Council in a public hearing of the bidders' good faith efforts in making its outreach. In . no case should the CITY award away pursuant to this program if the bidder makes a good faith ! effort but fails to meet the expected levels of participation. Q l N For the purposes of this Policy, "minority" shall be synonymous with "minority person" as d defined in California Public Contract Code Section 2000(f). Nothing herein restricts the discretion of the CITY to reject all bids in accord with Charter Sections 140 and 238 or Chapter 3.04 of the = San Bernardino Municipal Code. a The directions set forth herein shall take effect immediately, and all CITY Departments shall modify their implementation programs to the extent such programs are inconsistent with this policy. I SP-7 � J 2-1.04 SUBMISSION OF MBE/WBE INFORMATION — GOOD FAITH EFFORTS - The Contractor may submit the MBE/WBE INFORMATION — GOOD FAITH EFFORTS document with the contract Bid Documents prior to the hour of the bid opening. If this 1 document is not submitted with the Bid Documents, it must be submitted to the Public Works Department, upon request, by 4:30 p.m. on the fourth working day following the day of the bid opening. In the case of short bid opening periods, proof of faxes and web site postings requesting MBE, WBE participation and faxed requests for assistance in recruitment of MBEs and WBEs shall suffice. 2-1.05 REQUIRED LISTING OF PROPOSED SUBCONTRACTORS -- Each bid 0 shall have listed therein the name and address of each subcontractor to whom the bidder proposes to subcontract portions of the work in the amount of 1/2 of one percent of his total bid or cc $10,000.00, whichever is greater, in accordance with the Subletting and Subcontracting Fair Practices Act, commencing with Section 4100 of the Public Contract Code. The bidder's attention is invited to other provisions of said Act related to the imposition of penalties for a failure to observe its provisions by using unauthorized subcontractors or by making unauthorized d substitutions. rn A sheet for listing the subcontractors, as required herein, is included in the Bid Documents, in Part I of these Special Provisions. N 2-1.06 REQUIRED EXAMINATION OF ALL CONTRACT DOCUMENTS t A. Before submitting a Bid, each Bidder shall thoroughly examine and be +, familiar with the Specifications, Plans, addenda, and all other Contract Documents. The submission of a Bid shall constitute an acknowledgement upon which the CITY may rely that the Bidder has thoroughly examined and °- is familiar with all the Contract Documents. w .a B. The failure or neglect of a Bidder to receive or examine any of the Contract �? E Documents shall in no way relieve that Bidder from any obligation with d respect to its Bid or to the Contract. No claim for additional compensation will be allowed which is based upon a lack of knowledge of the Contract Documents. a C. The Bidder shall not be allowed any extra compensation by reason of any matter or thing, concerning that which such Bidder might have fully informed himself prior to the bidding. D. No Bidder shall at any time after submission of a bid make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. SP-8 i 2-1.07 REQUIRED INSPECTION OF THE SITE -- 4�„ A. Bidders are required to inspect the site of the proposed work to satisfy themselves by personal examination, or by such other means as they may prefer, of the location of the proposed work, and of the actual conditions, including subsurface of, and at the site of the proposed work. B. If, during the course of examination, a Bidder finds facts or conditions that appear to be in conflict with the letter or spirit of the bidding documents,the Bidder shall notify the Engineer immediately. 0 C. Submission of a Bid by the Bidder shall constitute conclusive evidence that if awarded the Contract, it has relied and is relying on its own examination of the following: rn 1. The site of the proposed work. v Vl t 2. Access to the site. 3. All other data and matter requisite to the fulfillment of the work. N 4. The Bidder's own knowledge of existing facilities on and in the vicinity of the site of the proposed work under the Contract. L w 5. The conditions to be encountered. a d 6. The character, quality, scope and complexity of the proposed work. 0 7. The quality and quantity of the materials to be furnished. w v CL 8. The requirements of the Specifications, Plans, any addenda, or any y k other Contract Documents. E v D. The information provided by the CITY is not intended to be a substitute for, a or a supplement to, the independent verification by the Bidder to the extent such independent investigation of site conditions is deemed necessary or desirable by the Bidder. SP-9 2-1.08 DESIGN ENGINEER MAY NOT BID ON CONSTRUCTION CONTRACT -- No engineering or architectural film which has provided design services for a project shall be eligible to bid on the contract to construct the project. Those ineligible to bid include the prime contractor for design, subcontractors of portions of the design, and affiliates of either. An affiliate is a firm which is subject to the control of the same persons,through joint ownership or otherwise. ff Ei 2-1.09 WITHDRAWAL OF BIDS -- A bid may be withdrawn by a written request u signed by the Bidder. Such requests must be delivered to the CITY'S designated official prior to the bid opening hour stipulated in the "Notice Inviting Sealed Bids" or an amended date and hour 00 stipulated in a signed addenda to the Special Provisions. The withdrawal of a bid will not prejudice E the right of the Bidder to submit a new bid, providing there is time to do so. Bids may not be withdrawn after said bid opening hour without forfeiture of the bidder's bid guarantee. t w m J 2-1.10 IRREGULAR BIDS -- Unauthorized conditions, limitations, or provisions d attached to a bid will render it irregular and may cause its rejection. The completed bid forms shall �? be without interlineations, alterations, or erasures. No oral, telegraphic, or telephonic bid, modification, or withdrawal will be considered. — N N a K L J d d N C O u d 6 N P c r m x Q SP-10 Packet Pg. t57 SECTION 3 3-1 AWARD AND EXECUTION OF CONTRACT 3-1.01 GENERAL -- The award of the contract, if it be awarded, will be to the lowest responsible bidder whose bid complies with all the requirements prescribed. The award of the contract will be made by the Mayor and the Common Council at a Council meeting. The bidder, to whom the contract is awarded, shall file with the Engineer all required bonds and insurance policies, and execute the contract within 10 calendar days after receiving notification of the award. Failure to file the stipulated documents and execute the contract within the prescribed time shall constitute good and sufficient grounds for rescission of the award and payment of 10% of the bid to the CITY as liquidated damages. c L p 3-1.02 AWARD OF CONTRACT -- Following a review of the bids,the CITY shall d determine whether to award the contract or to reject all bids. The award of contract, if made,will �? be to the lowest responsible Bidder as determined solely by the CITY. Additionally, the CITY reserves the right to reject any or all bids, to accept any bid or portion thereof, to waive any irregularity and to take the bids under advisement for the period of time stated in the legal Notice Inviting Sealed Bids as may be required to provide for the best interest of the CITY. The Contractor's original signature on the Bid Form shall constitute a commitment on the part of the Bidder to furnish the items as set forth in the Bid Form, the Special Provisions-Instructions to Bidders, the Plans, the Standard Specifications, the Notice Inviting Sealed Bids and Addenda, together with any attachments. The Bidder to whom the contract is awarded shall be notified upon n approval of the contract by the Mayor and Common Council. The Bid Form, the Special Provisions-Instructions to Bidders, the Plans, the Standard Specifications, the Notice Inviting . Sealed Bids and Addenda,together with any attachments, shall be considered as part of the contract 2 between the CITY and the Contractor to whom the contract is awarded. In no event will an award e be made until all necessary investigations are made as to the responsibility and qualifications of the o Bidder to whom the award is contemplated. w d E 3-1.03 CONTRACT BONDS -- The Payment and Faithful Performance Bonds shall a be filed with the Engineer before the Notice to Proceed is executed by the CITY. In accordance with Section 2-4, "CONTRACT BONDS", of the Standard Specifications, the contract bonds, including Payment Bond (Material and Labor Bond) and Performance Bond shall be underwritten by a surety company having a rating in Best's most recent Insurance Guide of"A"or better. Bonds must be issued by a surety who is listed in the latest version of U.S. Department of Treasury Circular 570 and is authorized to issue bonds in the State of California. The Contractor shall provide to the CITY three (3) original "wet" copies of Payment and Performance Bonds equal to 100% of the award amount of the contract. SP-11 3-1.04 DISQUALIFICATION OF BIDDERS -- In the event that any Bidder acting as a prime contractor has an interest in more than one submitted bid,all such submitted bids will be rejected and the Bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one Bidder and, while doing so, may also submit a formal bid as a prime contractor. No contract will be executed unless the Bidder is licensed in accordance with the provisions of the State Business and Professions Code. The Contractor shall fill out all documents contained in the Bid Document section, and comply with all the requirements of the Bid Documents and specifications contained in the Special Provisions. c°v Failure of the bidder to f ffill the requirements of the Special Provisions for submittals required to be furnished after bid opening, including but not limited to documents required per federal provisions and conditions, and BMP/SWPPP, traffic control and detour plans or escrowed bid documents,where applicable, will delay the issue of the Notice to Proceed, and such delay will subject the bidder to a negative determination of the bidder's responsibility should the bidder choose to participate in future public works bid offerings. = N # I .Q d [Y L J a d N C O a w j J E E r v m I SP 12 Packet Pg. 159 SECTION 4 4-1 CONSTRUCTION DOCUMENTATION, COMMENCEMENT OF WORK TIME OF COMPLETION AND LIQUIDATED DAMAGES 4-1.01 GENERAL -- Attention is directed to the provisions of Section 6, "Prosecution, Progress and Acceptance of the Work", of the Standard Specifications and these i Special Provisions. 4-1.02 PRE-CONSTRUCTION MEETING -- The Pre-Construction Meeting shall be within 10 working days of the notification of the award of the contract by the Mayor and cc 1 Common Council. The Contractor shall, at the time of the notification of award, inform the M Construction/Survey Manager of any special circumstances or conditions that might prohibit the j Contractor from attending a Pre-Construction Meeting during this period, or from commencing work as scheduled. N The Contractor's representative and the Contractor's principal subcontractors o (performing $10,000 or above of the Contract work) shall attend the CITY's pre-construction meeting. The Contractor and principal subcontractors shall also attend all separate pre- 2 construction meetings required by other agencies and utilities involved in this Project. � d 4-1.03 NOTICE TO PROCEED -- The Notice to Proceed shall not be issued until � '? all required documents have been submitted and approved by the CITY. The Contractor shall immediately notify and obtain the approval of the Construction/Survey Manager, prior to the Pre- d Construction Meeting, should special circumstances or conditions exist that might prohibit the Contractor from providing all required documentation and commencing work as scheduled within .2 i 10 working days of the Pre-Construction meeting. w i a Required documentation shall include the Contractor's applicable NPDES plan (for required submittal time refer to Section 6-1.03 of these Special Provisions), the proposed d Construction Schedule, Traffic Control Plan and Traffic Detour Plan (as required). The Construction Schedule shall be supported by written statements from each supplier of materials or a equipment indicating that all orders have been placed and acknowledged and setting forth the dates that each item will be delivered. The schedule shall be in the form of a tabulation, chart or graph. 4-1.04 WORKING DAYS -- The Contractor shall diligently prosecute the work to completion before the expiration of 40 WORKING DAYS from the date of the"NOTICE TO PROCEED". SP-13 9 4-1.05 PERMITS AND LICENSES -- Prior to issuance of a "Notice to Proceed", Contractor shall obtain a CITY Business Registration from the City Clerk's Office, San Bernardino �. City Hall, 300 North"D" Street,2°d Floor, San Bernardino, CA 92418. 4-1.06 LIOUIDATED DAMAGES -- The Contractor shall pay to the City of San Bernardino the sum of $500.00 per day for each calendar day's delay in finishing the work in excess of the number of working days prescribed above. in case all the work called for is not completed in all parts and requirements within the time o 3 specified, the CITY shall have the right to grant or deny an extension of time for completion, as may seem best to serve the interest of the CITY. The Contractor will not be assessed with c° liquidated damages during the delay in the completion of the work caused by acts of God or of the Public Enemy, acts of the State, fire not due to acts of Contractors or Subcontractors, epidemics, W quarantine, restrictions, freight embargo,unusually severe weather, or delays of Subcontractors due 2 to such causes provided that the Contractor shall, within ten (10) days from the beginning of such delay, notify the CITY, in writing, of the cause of the delay. The CITY will ascertain the facts and y the extent of the delay,and the findings thereon shall be final and conclusive. n 4-1.07 PROGRESS REPORTS AND ACCOUN'T'ING OF CONTRACTOR N WORKING DAYS -- The Contractor shall submit periodic Progress Reports to the Engineer by the tenth of each month. The report shall include an updated Construction Schedule. Any deviations from the original schedule shall be explained. Progress payments will be withheld r pending receipt of any outstanding reports. Section 6-7.3. "Contract Time Accounting", of the Standard 5peci�ications is superseded by these Special Provisions. The Engineer or his/her i designee will make a daily determination of each working day to be charged against the contract N i' time. Per the Contractor's written request, the Engineer will provide working and non-working days to the Contractor. w v d a N 4-1.08 INSPECTION -- The Contractor is responsible to notify the Public Works d Department Inspection 48 hours prior to the start of any work. Any work performed without inspection by the CITY is subject to rejection and removal of work performed and, at the i Contractor's expense, the work will have to be reconstructed. At the CITY's request, and the a Contractor's expense, any pipes less than 24" must be inspected by camera for joint grouting and any other inspection. For inspection after regular working hours, see Section 6-1.06 "HOLIDAYS, WORKING DAYS AND HOURS", of these Special Provisions. C SP-14 PacketPg. l6t SECTION 5 5-1 LEGAL REQUIREMENTS 3 5-1.01 INSURANCE REQUIREMENTS -- The Contractor shall procure and I maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor,his agents,representatives,employees or subcontractors. The Contractor shall indemnify and save harmless the City of San Bernardino, the County of San Bernardino,the State of California, and/or any incorporated city from all claims or suits for o damages arising from the prosecution of the contract work, as more fully described in Subsection 5-1.06,"Contractor's Liability",of these Special Provisions.. rn The Contractor agrees to protect, defend and indemnify the City of San Bernardino against d loss, damage or expense by reason of any suit claims, demands, judgments and causes of action �? caused by the Contractor, its employees, agents or any subcontractor, or by any third party arising out of or in consequence of the performance of all or any operations covered by the Certificate of Insurance. The Contractor, at its option, may include such coverage under Public Liability coverage. 5-1.02 LIABILITY INSURANCE -- The Contractor's attention is directed to Section 7-3, "Liability Insurance", of the Standard Specifications, providing that the Contractor shall furnish the CITY with a policy or certificate of liability insurance prior to execution of the y contract. All of the Insurance Policies shall name the City of San Bernardino as an additional insured. The endorsement shall be provided by the broker or agent of the insurance company and shall be notarized to that effect. ACCORD Forms are not acceptable, nor forms signed by the broker, unless they have Power of Attorney to bind the insurance provider. (See attached sample a forms.) N Contractor shall maintain minimum limits of insurance no less than: 1. General Liability: $1,000,000.00 per occurrence and $2,000,000.00 a aggregate for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this project/location; 2. Products/Completed Operations: $1,000,000.00 per occurrence and $2,000,000.00 aggregate; SP-15 0.00 per accident for bodily in 3. Automobile Liability: $1,000,00 p y Jury and property damage; 4. Employer's Liability: $1,000,000.00 per accident for bodily injury or illness; 5. Course of Construction: Completed value of the project. 5-1.03 WORKERS' COMPENSATION INSURANCE -- The Contractor's attention is directed to Section 7-4, "Workers' Compensation Insurance", of Standard Specifications, 0 providing that the Contractor shall file a signed Certificate of Workers' Compensation Insurance 0 before execution of the contract. t m 5-1.04 PAYMENT OF PREVAILING WAGE RATE -- The Contractor and all subcontractors shall pay each craft or worker employed on this project not less than the prevailing wage rates specified in Resolution No. 90-358 of the Mayor and Common Council of the City of N San Bernardino. The Engineer shall have the right to interview any craft or worker on the project site in order to verify payment of prevailing wage rates in accordance with Resolution No. 90-358. Prevailing wage shall comply with current rates and all updates in effect 10 days prior to the bid opening of the project. The Contractor shall pay the higher of the latest State or Federal Prevailing Wage Determination. Where Federal wage determinations do not contain the State wage rate determination otherwise r available for use by the Contractor and subcontractors, the Contractor and subcontractors shall pay not less than the Federal minimum wage rate, which most closely approximates the duties of the d employee in question. o The Contractor shall comply with the provisions in Sections 10262 and 10262.5 of the •w Public Contract Code and Section 7108.5 of the Business and Professions Code concerning prompt n payment to subcontractors. E 5-1.05 PAYROLL RECORDS -- The Contractor's attention is directed to the x following provisions of Labor Code Section 1776. The Contractor shall be responsible for the a compliance with these provisions by his subcontractors. (a) The Contractor and all subcontractors shall keep an accurate payroll record, showing the name address, social security number, work classification, straight time, and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with public work. SP-16 (b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis: (1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to such employee or his or her authorized representative on request. (c) Each Contractor shall file a certified copy of the records enumerated in subdivision (a)with the Engineer on a weekly basis. It will be the Contractor's responsibility to submit the records enumerated in subdivision (a) for all his subcontractors, in 0 addition to his own employees. Failure to submit the records enumerated in 9 i subdivision (a) on a timely basis shall constitute good and sufficient reason for OC withholding the partial payments for work accomplished. L 5-1.06 EMPLOYMENT OF APPRENTICES -- This project is subject to federal trainee d requirements for the employment of apprentices. The Contractor shall follow the Federal Regulation guidelines found in Part III of these Special Provisions. The Contractor shall confirm that all apprentices are registered with an apprenticeship 2 , program that is in turn currently registered with the U S Department of Labor Office of Apprenticeship(DOLOA) and listed on the DOLOA website at http://oadoletagov/. Q d The Contractor's attention is directed to the provisions in the following section of the California Labor Code concerning employment of apprentices on public works projects: Z! 1773.3 An awarding agency whose public works contract falls within the jurisdiction of Section 1777.5 shall, within five days of the award, send a copy of the award to the Division of Apprenticeship Standards. When specifically requested by a local joint w apprenticeship committee, the division shall notify the local joint apprenticeship a j committee regarding all such awards applicable to the joint apprenticeship committee making the request. E Additional information regarding the Contractor's options for the employment of a apprentices registered with the California Department of Industrial Relations, DAS can be obtained at htl p✓/www.dir.cagov/DA&PublicWorksForms.him. 5-1.07 CONTRACTOR'S LIABILITY -- The City of San Bernardino, the Mayor and Common Council, the City Manager or the City Engineer shall not be answerable or �^ accountable in any manner for any loss or damage that may happen to the work or any part thereof; or for airy of the materials or other things used or employed in performing the work; or for injury to any person or persons, either workers or the public; or for damage to any person or persons, either workers or the public; or for damage to adjoining property from any cause which might SP-17 Pactwt Pg.164 prevented by the Contractor, or his workers, or any one employed by him; against all of which injuries or damages to persons and property the Contractor, having control over such work, must properly guard. The Contractor shall not encroach on private property adjacent to this project in any phase of the construction without first obtaining a signed Right Of Entry document from the property owner and submitting this Right Of Entry to the Engineer for approval, prior to any entry or { encroachment onto private property. The Contractor shall be responsible for any injury to any person or damage to property i resulting from any defects or obstruction occurring any time before project completion and final acceptance, and shall indemnify and save harmless the City of San Bernardino, the Mayor and Common Council, the City Manager or the City Engineer from all suits or actions of every name and description brought for, or on account of, any injuries or damages received or sustained by any 1 person or persons, by the Contractor, his servants or agents, in the construction of the work or in M consequence of any negligence in guarding the same, in improper materials used in its construction, by or on account of any act or omission of the Contractor or his agents, and so much d of the money due the Contractor under and by virtue of the Contract as shall be considered �+ necessary by the CITY may be retained by the CITY until disposition has been made of such suits or claims for damages aforesaid. If, in the opinion of the Engineer, the precautions taken by the Contractor are not safe or N adequate at any time during the life of the Contract, the Engineer may order the Contractor to take further precautions, and if the Contractor shall fail to do so, the Engineer may order the work done by others and charge the Contractor for the cost thereof, such cost to be deducted from any monies due, or becoming due,the Contractor. Failure of the Engineer to order such additional precautions, zi however,shall not relieve the Contractor from his full responsibility for public safety. E N g c 34 O 5-1.08 DIFFERING SITE CONDITIONS -- During the progress of the work, if w subsurface or latent physical conditions are encountered at the site differing materially from those o indicated in the contract or if unknown physical conditions of an unusual nature, differing w materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site,the party discovering such conditions shall E promptly notify the other party in writing of the specific differing conditions before they are a disturbed and before the affected work is performed. Upon written notification, the Engineer will investigate the conditions, and if the Engineer determines that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding loss of anticipated profits, will be made and the contract modified in writing accordingly. The Engineer will notify the Contractor of his determination whether or not an adjustment of the contract is warranted. SP-18 ^ 5'.F.c m No conflict adjustment which results in a benefit to the Contractor will be allowed unless the Contractor has provided the required written notice. No contract adjustment will be allowed under the provisions specified in this section for any effects caused on unchanged work. i Any contract adjustment warranted due to differing site conditions will be made in accordance with the provisions in Section 3-4, "Changed Conditions", of the Standard Specifications. — o 5-1.09 REMOVAL OF ASBESTOS AND HAZARDOUS SUBSTANCES -- When 0 the presence of asbestos or hazardous substances are not shown on the plans or indicated in the iA specifications and the Contractor encounters materials which the Contractor reasonably believes to m be asbestos or a hazardous substance as defined in Section 25914.1 of the Health and Safety Code, and the asbestos or hazardous substance has not been rendered harmless, the Contractor may i continue work in unaffected areas reasonably believed to be safe. The Contractor shall N immediately cease work in the affected area and report the condition to the Engineer in writing. In conformance with Section 25914.1 of the Health and Safety Code,removal of asbestos or W hazardous substances including exploratory work to identify and determine the extent of the asbestos or hazardous substance will be performed by separate contract. a d If delay of work in the area delays the current controlling operation, the delay will be considered a right of way delay and the Contractor will be compensated for the delay in conformance with the provisions in Section 8-1.09, "Right of Way Delays", of the Standard Specifications. c 5-1.10 ATTORNEY'S FEES AND ARBITRATION -- The prevailing party in any w legal action to enforce or interpret any provisions of this Agreement will be entitled to recover o from the losing party all attorney fees, court costs and necessary disbursements in connection with �? ' that action. The costs, salary and expenses of the City Attorney and members of his office, in d connection with that action, shall be considered as attorney's fees for the purposes of this Agreement. Caltrans Standard Specifications Section 9-1.10 regarding Binding Arbitration is a hereby specifically excluded from this Contract. 5-1.11 CITY BUSINESS REGISTRATION CERTIFICATE — The Contractor warrants it possesses, or shall obtain, and maintain during the term of this Agreement, a business registration certificate pursuant to Title 5 of the City of San Bernardino Municipal Code, and any and all other licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required of contractor/consultant/vendor to practice its profession, skill or business. Contractor shall obtain a City of San Bernardino Business Registration at his/her own expense. SP-19 ACCORD FORM INSURANCE SAMPLE: ACCORD CERTIFICATE OF INSURANCE EO/m(m PRODUCER �.- THIS CERTIFICATE ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. COMMERCIAL ASSOCIATES INS.,INC. THIS CERTIIICATEDOFS NOT AMEND.EXTEND, OR ALTER 1226 EAST LA PALMA AVENUE THECOVERAGEAFFORD EDBYTHEPOLICIFSBELOW. ANAHEIM, CA 92807 COMPANIES AFFORDING COVERAGE (714)524-4949 FAX: (7145)524-4940 COMPANY 1 A CNA-TRANSCONTINENTAL INSURED COMPANY B CNA—VALLEY FORGE COMPANY YOUR COMPANY NAME C CHUBB GROUP—FEDERAL INSURANCE AND ADDRESS COMPANY m COVERAGES D C 0 AFFOLRS D iD C6ATHFV Po.Txni TH B PPSOCU0.C1RIPFmS WH�MSURANL81J5'IID BF10W Bnva H6@I ISSUw TO TH6MSUREDNAAI®ABOYa Po PHI OD DIDR AISDND ITAFTBBI MKSTYARNADNRCIp 6 U A-RQMN M 3CBTPIGUM AVBEMSUD OR MY RTAPI GiLgO NC W 3UmRCT'NALL 1HRiERA4.EX6DSIQYS ANDCOPIDDlON3�SIxBPOLRMS LAQ11S 5HOp'N MAY HAVBBEBNR®UCED BY PAID C CIAIDL4. PW]CY POLICY EFF UW POLICYEXPEI L h LTR TYPE OF MSURANgl NUA m DAM(M MD) DATE(AAh' W) Llwrs p: J GEN®NLIJABD.II'Y HACBOCCURRENCB SI Om d X COMMERCIAL G&i11ABD.1TY FESB DAMAGE(ANYONRFllIE) A S 5 000 N gwD.ts MADe acwR M®EXP Y DNEP V ANCRSON s sOW r z 1B sm mmlme mmU99 PERSONAL B:ADV MIVAY S10m Om G8N8RAL AOREOAM 3 Om 000 N PRODUCTSCOMPA)P AGG $ Om CO N ADLOMOBII.BIJABDITY COMBDiBDSD1OLELMT sI.M.m ak L X AUTO BODILY MIURY O. PaNm $ m B ALLOR AUTOS BODRVRODRY S L BAP 319J135 mmlmS mmlm9 W Sfl®UI.ED AUJ'OS TYDAMA(IE J dwR 5 y d DR®AUTOS N NON-OWN®AUTOS C O $ ;U GARAGE LIABD.RY ONLV-EACH ACCB)FM �- OISNWmDmPdy: u BACN s m ANY AUMI ALCIDaN[ N u3.Bm m0owy: ., s AOGeROAM m X 5[wonxFn A RYL E �O�RSCOAtr�3AT1WiAND TUIVRY LRAIi3 i E C IiI.OACH ACCmBNT 51.000,000 11 ICE ImS OLDIm9 SI,mO,Om FR , ]NCPROPRIREI'OH! Mq. EL.DISEASE-EAFMPwO Q PARTNBRSIE%ECV'1'IV SI,mD,mO H OPFICaR3 ARE: PXCL 81 DISEASE-POLICYLDAT OTlODI 0.V 9AC LI SPSCIN.DEII JOB L OCAT ION: ALL CALIFORNIA OPERATIONS OF THE NAMED INSURED RE: (TN.SERTPROJECT NAME) BELOW NAMES AS ADDITIONAL INSURED WITH RESPECT TO GENERAL LIABILITY AS REQUIRED BY PROJECT CONTRACT CERTIPB:ATEBOLDBR CANCELLATION 6FWID ANY OP ISIS AaWE OESCPIB®PODCM4�CAM'BIIBD BPf®H TNB BSDUTMIDA'IEIAEP&)P. THE CITY OF SAN BERNARDINO DrelssDmuDmwAmwm.MAaffiDAYS Rw'rrennmJaronm CIXSWGTea®L4ltNAt@8 iD'lem DEPARTMENT OF PUBLICWORKS O 300 N. 'Tl^ STREET, 3RD FLOOR AunnR®"eeae'eNrA'mm SANBERNARDIN(0 CA 9741E-0Wl JOHN H.JAITI'TI (Mg--) ACCORD2 IN OACCORD CO RATION SP-20 Packet Pg.:167' COMMERCIAL GENERAL LIABILITY NAMED INSURED: POLICY NUMBER: j THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY I ADDITIONAL INSURED ------ OWNERS, LESSEES OR CONTRACTORS (FORM B ) 0 This endorsement modifies insurance provided under the following: c COMMERCIAL GENERAL LIABILITY COVERAGE PART-OCCURRENCE 0 M c t SCHEDULE 2 J i NAME OF PERSON OR ORGANIZATION: w t � n CITY OF SAN BERNARDINO O DEPARTMENT OF PUBLIC WORKS N i 300 NORTH"D" STREET, 3RD FLOOR N '� SAN BERNARDINO, CA 92418-0001 # LE ON= a t 1 m J d (If no entry appears above, information required to complete this endorsement will be shown in the 3 Declarations as applicable to this endorsement) c o WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule,but only with respect to liability arising out of"your work" for that insured by or for you. uai c E E NOTE: MUST BE SIGNED BYAUTHORIZED REPRESENTATIVE FOR PROVIDER SUPPLY POWER OFATTORNEY GIVING AUTHORHYTOBIND a CG 20 1011 85 Authorized Representative for CNA Insurance Group Golden Eagle Insurance Company SP-21 SECTION 6 6-1 GENERAL 6-1.01 INCREASED OR DECREASED QUANTITIES -- If the total pay quantity of any item of work subject to the provisions in Section 3-2.2.1,"Contract Unit Prices","increased or decreased quantities", of the Standard Specifications varies by more than 25 percent, compensation payable to the Contractor will be determined in accordance with said Section 3-2.2.1 and these Special Provisions. R When the compensation payable for the number of units of an item of work performed in u excess of 125 percent of the Engineer's Estimate is less than $1,500 at the applicable contract unit price,the Engineer reserves the right to make no adjustment in said price if he so elects, except that an adjustment will be made if requested in writing by the Contractor. Such Contractor's request shall be accompanied by adequate, detailed data to support costs of the item. M Should the total pay quantity of any item of work required under the contract be less than 75 percent of the Engineer's Estimate,therefor,the Engineer reserves the right to make no adjustment in said price if he so elects, except that an adjustment will be made if requested in writing by the k Contractor. Such Contractor's request shall be accompanied by adequate, detailed data to support costs of the item. Q W It The payment of the total pay quantity of such item of work will in no case exceed the o payment which would be made for the performance of 75 percent of the Engineer's Estimate of the d quantity at the original contract unit price. H C 0 v 6-1.02 SOUND CONTROL REQUIREMENTS -- Sound control shall comply with Chapter 8.54 of the City of San Bernardino Municipal Code and these Special Provisions. y The noise level from the Contractor's operations between the hours of 9:00 p.m. and 6:00 E a.m. shall not exceed 86 dbA at the distance of 50 feet. This requirement in no way relieves the I Contractor from responsibility for complying with local ordinances regulating noise levels a Said noise level requirements shall apply to all equipment on the job or related to the job, including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel. SP 22 PacketPg. 169 S.F.c f 6-1.03 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) REOUIREMENPS -- The Contractor shall adhere strictly to Sections 7-8 and 7-10 of the Standard Specifications for Public Works (Green Book) through the entire project. The Contractor, without limitation, shall be responsible to provide and implement Best Management Practices to comply with National Pollution Discharge Elimination System(NPDES) standards and practices. The Contractor shall be responsible, to the fullest extent possible, not to permit any contaminants, including soil, to enter any drainage system. Contractor shall be responsible to be prepared to provide hay bales or similar devices to prevent erosion from being washed into the storm drain system. The Contractor shall be responsible to maintain equipment so that oil, grease, ` gasoline, diesel fuel, et al., does not contaminate areas subject to run-off. The Contractor and its Surety shall fully indemnify the City for any pollution damage and/or cleaning costs. All construction on off-site or on-site improvements shall adhere to NPDES (National Pollution Discharge Elimination System) Best Management Practices to prevent deleterious materials or pollutants from entering the City or County storm drain systems. J The following are the areas to be addressed where applicable: N 1. Handle, store and dispose of materials properly. 2. Avoiding excavation and grading activities during wet weather. = 3. Construct diversion dikes and drainage swales around working sites. 4. Cover stockpiles and excavated soil with secured tarps or plastic sheeting. 5. Develop and implement erosion control plans. 6. Check and repair leaking equipment away from construction site. 7. Designate a location away from storm drains for refueling. a S. Cover and seal catch basins whenever working in their vicinity. 9. Use vacuum with all concrete sawing operations. 10. Never wash excess material from aggregate, concrete or equipment onto a street 3 11. Catch drips from paver with drip pans or absorbent material. 12. Clean up all spills using dry methods. w 13. Sweep all gutters at the end of each working day. o Gutters shall be kept clean after leaving construction site. N 14. Call 911 in case of a hazardous spill. e 15. Keep a running log of all activities in connection with the Storm Water Pollution Prevention Plan(SWPPP) z" 16. Name a person,on site,responsible for complying with S.W.P.P.P. a BEST MANAGEMENT PRACTICES ( BMPs ): Best Management Practices shall be defined as any program, technology, process, site criteria, operating method, measure, or device which controls, prevents, removes, or reduces pollution. The Contractor shall obtain and refer to the California Storm Water Best Management Practice Handbooks, Volume 3 Construction BMP Handbook and the County Regional Best Management Practices Handbook for Construction Activities. SP-23 5:F'.c' The Contractor shall have a minimum of two (2) readily accessible copies of each publication on the Work site at all times. The Contractor shall implement the following BMPs in conjunction with the construction operation and activities: CONSTRUCTION PRACTICESI, Water Conservation Practices Dewatering — Paving Operations 0 Structure Construction and Painting 0 0 U MATERIAL MANAGEMENT Material Delivery and Storage Material Use Spill Prevention and Control WASTE MANAGEMENT Solid Waste Management Hazardous Waste Management Contaminated Soil Management Concrete Waste Management Sanitary/Septic Waste Management RM VEHICLE AND EQUIPMENT MANAGEMENT Vehicle and Equipment Cleaning Vehicle and Equipment Fueling u Vehicle and Equipment Maintenance •2 v w VEGETATIVE STABILIZATION w Scheduling Preservation of Existing Vegetation E Temporary Seeding and Planting Mulching a PHYSICAL STABILIZATION Geotextiles and Mats Soil Stabilizer/Dust Control Temporary Stream Crossing Stabilized Construction Roadway Stabilized Construction Entrance SP-24 RUNOFF DIVERSION r Sodding, Grass Plugging, and Vegetative Buffer strips `.. Earth Dikes,Drainage Swales,and Lined Ditches Top and Toe of Slope Diversion Ditches/Bemis Slope Drains and Subsurface Drains VELOCITY REDUCTION Flared Culvert End Sections Outlet Protection/Velocity Dissipation Devices Check Dams Slope Roughening/Terracing/Rounding 0 U SEDIMENT TRAPPING Silt Fences Straw Bale Barrier J Sand Bag Barrier Brush or Rock Filter Storm]rain Inlet Protection Sediment Traps Sediment Basin N Additional BMPs may be required as a result of a change in actual field conditions, �. contractor activities, or construction operations. When more than one BMP is listed under each specific BMP category,the Contractor shall select the appropriate and necessary number of BMPs within each category in order to achieve the BMP objective. BMPs for contractor activities shall be continuously implemented throughout the project. Resources to implement BMPs for erosion control and sedimentation shall be readily available and °- implemented throughout the construction phase and whenever the National Weather Service w predicts rain within 24 hours. BMPs for erosion control and sedimentation shall also be a i implemented prior to the commencement of any contractor activity or construction operation that w h may produce run-off, and whenever run-off from other sources may occur. r The CITY, as Permittee, is subject to enforcement actions by the State Water Resources a Control Board, Environmental Protection Agency, and private citizens. The CITY may assess the Contractor a penalty of$1,000 for each calendar day that the Contractor has not fully implemented the BMPs specified for the Contract and/or is otherwise in noncompliance with these provisions. In addition, the CITY will deduct, from the final payment due the Contractor, the total amount of any fines levied on the CITY, plus legal and staff costs, as a result of the Contractor's lack of compliance with these provisions and/or less than complete implementation of the specified BMPs. SP-25 II 5.F.c 9, STORM WATER POLLUTION PREVENTION PLAN ( SWPPP ): A Storm Water Pollution Prevention Plan (SWPPP) shall be defined as a report that includes site map(s), identification of construction and contractor activities that could pollute storm water, and a description of measures and practices to control the potential pollutants. The preparation and implementation of the SWPPP is intended to ensure that the Contractor will make every reasonable effort to prevent the pollution of water resources during the period of construction. All projects, regardless of size, shall have a SWPPP developed prior to the performance of any soil disturbing activities. Projects over one acre are placed under the regulations of the National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharge Associated with Construction Activity. In the State of California, these regulations are adopted by the State Water Resources Control Board and as such projects that fall into this category must submit a Notice of New Construction (NONC) to the State Water Resources Control Board (SWRCB) to c obtain a waste discharge identification number (WDID). This information is available for review and downloading on the State of California, Department of Transportation web site at http://www.dot cagov lhq/construclstormwaterlmanuals. d d SWPPP's over one acre shall be prepared under the supervision of, and signed by, a Civil N Engineer registered by the State of California. All SWPPP's shall include and incorporate BMPs P that address contractor activities, erosion, and sedimentation control. The SWPPP shall also include and incorporate appropriate BMPs for run-off generated by construction activities and 0 other non-storm water sources. During all periods of construction,excavated soils which are stored on-site shall be completely covered with waterproof material and sand (or gravel) bagged or •� bermed in order that in the event of a storm, no soil becomes mixed with or transported by storm water run-off. t m If,during construction operations, field conditions change in a manner which, in the opinion v of the Engineer, significantly deviates from how the SWPPP, as approved by the CITY, addressed the current construction operation, the Engineer may direct the Contractor to revise the current ' construction operation and/or the SWPPP. Such directions will be made in writing and will specify = V the items of work for which the SWPPP is inadequate. No further work on these items will be a f permitted until the Contractor revises the construction operations to the satisfaction of the Engineer N and/or until the Contractor submits a revised SWPPP and receives CITY approval. The Engineer shall notify the Contractor of the acceptance or rejection of the revised a SWPPP within seven(7)working days from the date of submittal. The BMP(Best Management Practices) and/or SWPPP (Storm Water Pollution Prevention Plan)shall be submitted to the CITY for review and approval a minimum of ten (10)working days prior to the commencement of construction operations in accordance with this Section 6- 1.03 of these Special Provisions. SP-26 Packet Pg. 173 I The City's NPDES Section shall be contacted prior to any work to determine whether or not the project will require the development of a Water Quality Management Plan (WQMP). THE CONTRACTOR SHALL COMPLY WITH THESE REQUIREMENTS AND CITY ENGINEER'S DIRECTIONS DURING THE COURSE OF CONSTRUCTION. � (I Full compensation for the implementation of BMPs, including the construction, removal, and the furnishing of all necessary labor, equipment, and materials to comply fully with NPDES requirements shall be considered as included in the contract bid lump sum price, or if no specific bid item, the contract bid prices paid for the various bid items of work, and no additional 3 compensation shall be allowed therefor. 11 U Full compensation for preparation of the SWPPP, revisions to the SWPPP, and all other related costs, including the construction, removal, and the finishing of all necessary labor, equipment and materials to comply fully with NPDES requirements shall be considered as included in the contract bid lump sum price, or if no specific bid item,the contract bid prices paid v for the various bid items of work,and no additional compensation shall be allowed therefor. �? i 6-1.04 PERMITS AND LICENSE -- The Contractor shall pay for and obtain a City 0 Business Registration prior to the execution of the contract. Contractor shall obtain a City of San Bernardino Business Registration at his/her own expense. a d Prior to the commencement of work, the Contractor shall obtain a construction permit at no m cost from the City of San Bernardino, Public Works Department, located at San Bernardino City Hall, 300 North "D" Street, 3rd Floor, San Bernardino, California. The permit shall be kept in a readily available place on the job site at all times during construction. While no fee will be charged Ic for the permit, no permit will be issued unless the Contractor provides a code reference number 2 N from USA. w i The Contractor shall obtain all required permits from all other City of San Bernardino Departments/divisions and/or agencies including, but not limited to the Community Development, d Building and Safety Division, the Public Works Department, Street Division, any involved water E agency, county flood control, railroad, Caltrans, Fish& Game, Corp. of Engineers, Regional Water a I Quality Board, etc., at his/her own expense,unless otherwise stated in the Plans and Specifications. These fees and permits shall include water and sewer hook-up, meter, inspection and flagging fees. SP 27 Packet Pg. 174 owl 6-1.05 EXTRA WORK AND MARKUP -- Any extra work done shall conform to the provisions of Section 3.3, "Extra Work", of the Standard Specifications, subject to the ` restrictions of Section 20452 and 20455 of the Public Contract Code. A. Work by Contractor The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: �I 1) Labor 20 2) Material 15 3) Equipment Rental 15 4) Other items and Expenditures 15 0 0 U To the sum of the costs and markups provided for in this subsection, compensation for bonding shall be at the rate specified by the bonding company. J B. Worker Subcontractor When all or any part of the extra work is performed by a Subcontractor, the markup established above shall be applied to the y Subcontractor's actual cost of such work,also a markup of 10 percent on the first $5,000.00 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of$5,000.00 of the subcontracted portion of the N extra work may be added by the Contractor. 6-1.06 HOLIDAYS, WORKING DAYS AND HOURS -- The Contractor's activities shall be confined to the hours between 7:00 a.m. and 4:30 p.m., Monday through Thursday, J excluding holidays, as defined in this section. Deviation from these hours will not be permitted without the prior consent of the Engineer, except in emergencies involving immediate hazard to persons or property. No traveled lane shall be closed during rush hour, (7:00 a.m. to 8:30 a.m. and •°- A 4:30 p.m.to 6:00 p.m., unless approved by the Engineer. w 0 m a w The Contractor will coordinate inspections with the Public Works Inspector 48 hours i= prior to any work being done during evenings,Fridays or Saturdays. E 1 E m The Contractor shall coordinate with the Engineer regarding working hours prior to start of a construction. Except for Fridays, in the event of either a requested or emergency deviation, inspection service fees will be charged against the Contractor. The service fees will be calculated at overtime rates, including benefits, overhead and travel time. SP-28 i Designated legal Holidays are: January la, the third Monday in January, the third Monday in February, the last Monday in May, July 4t, the first Monday in September, November I I h '? Thanksgiving Day and the Friday following, December 25th and the working day preceding or following (as directed by the Mayor and Common Council) and the last working day of the year. When a designated legal holiday falls on a Sunday, the following Monday shall be a designated legal holiday. When a designated legal holiday falls on a Saturday, the preceding Friday shall be designated a legal holiday. I 6-1.07 PAYMENTS -- Attention is directed to Section 9-3, "Payments", and 9-3.2, ` "Partial and Final Payment", of the Standard Specifications and these Special Provisions. ' No partial payment will be made for any materials which are furnished,but not incorporated 0 in the work. ° S t r m The Contractor shall submit"As Built"project drawings to the Engineer prior to the release of final payment and/or bonds. m N 6-1.08 PROJECT APPEARANCE -- The contractor shall maintain a neat appearance to the work including use of street sweeping and graffiti removal. The Contractor shall 2 inspect the project site each working day and be prepared to remove debris and graffiti from all surfaces, including security fencing, on the day of occurrence. a K In any area visible to the public,the following shall apply: t J When practicable, broken concrete and debris developed during clearing and 0 3 grubbing shall be disposed of concurrently with its removal. If stockpiling is necessary, the material shall be removed or disposed of weekly unless otherwise 2 specified. The Contractor is encouraged to recycle all materials. The Contractor shall provide the CITY all documents as to the weight of materials removed during excavations in accordance with d the requirements of A13939. 6-1.09 DISPOSAL OF EXCESS EXCAVATED OR REMOVED MATERIAL — Unless otherwise specified, all excess excavation or removed material shall become the property of the Contractor and shall be disposed of by him away from the site of the work. SP-29 6-1.10 SURVEYING SERVICE - Not applicable for this project. 6-1.11 CLAYTON ACT AND CARTWRIGHT ACT -- Section 4551 of the State Government Code specifies that in executing a public works contract with the CITY to supply goods, services or materials, the Contractor or Subcontractor offers and agrees to assign to the CITY all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 commencing with Sec. 16700) of Part 2 of Division 7 of the Business and Professions Code, arising from purchase of goods, services or materials pursuant to the contract or subcontract. This assignment shall become 5 effective when the CITY tenders final payment to the Contractor without firrther acknowledgement T ' by the parties. m S 6-1.12 PROJECT ERRORS OMISSIONS, INCONSISTENCIES. AND/OR DISCREPANCIES -- In the event of errors, omissions, inconsistencies, and/or discrepancies among two or more portions of the Contract Documents, the Engineer may direct the Contractor to follow the most stringent requirements at no additional cost. If errors, omission, inconsistencies, and/or discrepancies appear in the Contract Documents m or in the work done by others affecting this work, the Contractor shall immediately notify the V Engineer prior to proceeding with the work, and the Engineer shall issue appropriate instructions. •@ If the Contractor proceeds with the work so affected, without instructions from the Engineer, the Contractor shall remove the incorrect work or make the necessary corrections to comply with the m Engineer's instructions at no cost to the City of San Bernardino. d d In case of conflicts, errors, omissions, inconsistencies, and/or discrepancies on the plan sheets, it is assumed that the bid included the cost for implementing and/or constructing the discrepancy that would have the highest dollar value. w m '3 6 C N 6-1.13 EMERGENCY INFORMATION -- The names, addresses and telephone d numbers of the Contractor and subcontractors, or their representatives, which can be reached and will respond to calls 24 hours/day, shall be filed with the Office of the City Engineer prior to a beginning work. 6-1.14 MAINTENANCE OF EXISTING IMPROVEMENTS -- The Contractor shall protect and maintain all existing improvements and facilities in place to remain from the first day of work under this contract to acceptance. The Contractor is responsible for replacing any damaged improvement or facility to original condition or better. SP-30 Packet Pg. 177 6-1.15 CONTRACTOR'S SAFETY RESPONSB3ILITY -- The Contractor shall be solely and completely responsible for conditions of the jobsite, including safety of all persons and property during performance of the work. This requirement shall apply continuously and not be limited to normal working hours. Safety provisions shall conform to U.S. Department of Labor (OSHA), the California Occupational Safety and Health Act, and all other applicable Federal, State, County, and City laws, ordinances, regulations, codes, the requirements set forth below, and any regulations that may be detailed in other parts of the Contract Documents. Where any of these are in conflict,the more stringent requirement shall be followed. 0 v 6-1.16 SAFETY SUPERVISOR AND MEETINGS -- 0 U A. The Contractor shall appoint an employee as safety supervisor who is qualified and authorize to supervise and enforce compliance with the Safety Program. The w ' Contractor shall notify the Engineer in writing prior to the commencement of work of the name of the person who will act as the Contractor's Safety Supervisor. M r e B. The Contractor will, through and with his Safety Supervisor, ensure that all of its employees, and its subcontractors of any tier, fully comply with the Project Safety Policies. The Safety Supervisor.shall be a full-time employee of the Contractor whose responsibility shall be for supervising compliance with CL applicable safety requirements on the work site and for developing and implementing safety training classes for all job personnel. o d C. The Contractor and its affected subcontractors shall attend safety coordination d meetings. The minutes of their meetings shall be submitted to the Engineer. 0 0 & w i 6-1-17 MEETINGS -- a N A. The Contractor shall attend weekly progress meetings at the project site. t B. In general, these meetings will be attended by the Contractor, the Engineer or his a designee, and any subcontractors, suppliers, distributors or other concerned individuals with issues or items to discuss. C. Meeting minutes will be taken by the Engineer or his/her designee. The meeting minutes will be available to the Contractor at the following weekly meeting. The Contractor shall be responsible to distribute the meeting minutes to all parties performing work under his contract. SP-31 D. The Engineer shall have the authority to require that a mandatory meeting be held at any time during normal work hours. E. These meetings shall be attended by the Contractor, the Engineer or his/her designee, and any subcontractors specified by the Engineer. 6-1.18 PAYIyiF,NT -- Full compensation for conforming to the requirements of Section 6 shall be considered as included in the prices paid for the various contract bid items of work involved,and no additional compensation will be allowed therefor. 0 A 0 U W c r � m J d d rn M r m M N m N a a K z IM J y I d N C O W CL N i d � I a ' SP-32 SECTION 7 7-1 UTILITIES i I 7-1.01 GENERAL -- The location of all utility substructures that may affect the work shall comply with Section 5, "Utilities", of the Standard Specifications and these Special Provisions. The Contractor shall notify the Engineer immediately of any conflict. The Contractor shall match existing products. The Contractor is responsible for coordinating work with the utility 0 owners. m Certain companies, governmental agencies, or their contractors may be working within the 0 construction area. Certain utility facilities at various locations within the project limits may be removed,relocated, abandoned, or installed by companies' or agencies'contractors. The Contractor shall coordinate his work with utility owners and their contractors. - m v The Contractor shall exercise due caution to prevent any damage to/or movement of these utility facilities. Listed below are the utilities that may be affected, with the designated contact P person. These names and phone numbers are listed for information purposes only. The Contractor is responsible for verifying phone numbers and contact persons. N W ' 1. SOUTHERN CALIFORNIA EDISON COMPANY 287 Tennessee Street r RM Redlands,CA 92373 Phone: (909) 307-6788 Attn: Ben Murguia 0 2. SOUTHERN CALIFORNIA GAS COMPANY 1981 West Lugonia Avenue 0 Redlands, CA 92374-97% w Phone: (909)335-7772 Attn:Devery Jennings r A x 3. SAN BERNARDINO MUNICIPAL WATER DEPARTMENT a Water Utility Engineering Section 300 North"D" Street, Ss'Floor San Bernardino, CA 92418 Phone: (909)384-5092 Attn: Mike Nevarez SP-33 4. VERIZON 1980 Orange Tree Lane, Suite 100 Redlands,CA 92374-2803 Phone: (909)748-6655 Attn: Control Desk 5. TIME WARNER TELCOM OF CALIFORNIA (ADELPHIA;COMCAST) j 1500 Auto Center Drive Ontario, CA 91761-1561 0 u Phone: (909) 795-3349 Attn: Stewart King 0 U 6. TIME WARNER TELCOM OF CALIFORNIA (ADELPHIA; TC I) 1500 Auto Center Drive rn a Ontario, CA 91761-1561 Phone: (909)798-8588 Attn: Mark Davenhauer y 7. TIME WARNER TELECOM OF CALIFORNIA 3281 Guasti Road, Suite#350 k Ontario, CA 91761 Phone: (909)456-3697 Attn: Richard Wilkerson Cell: (714) 801-6141 t m 8. A.T. & T. - OSP Engineering Cable Maintenance&Right of Way 2741 N. Main Street Walnut, CA 94596-2714 ° i9 u Phone: (916) 799-4642 Attn: Rosemary Hamill, Cell Phone A.T. &T. - Cable Hazards Center Phone: (800) 252-1133 E or j A.T. &T. - Plant Protection Services a Phone: (909) 381-7385 Attn: John Bradley 9. A.T.&T. (SBC-PACIFIC BELL TELEPHONE) ATTN: Right-of-Way Liaison 1265 N. Van Buren Street,Room#180 (' Anaheim, CA 92807 Phone: (714) 666-5401 Attn: Susan Morgan SP-34 PacketPg. 181 10. SPRINT COMMUNICATIONS Attn: Outside Plant Engineering C 282 South Sycamore Street Rialto,CA 92376 Phone: (909) 874-7450 Attn: Lynn Durrett 11. MCI—Western Region OSP Outside Plant Construction ° 157 S.Lilac Street U Rialto,CA 92376 U Phone: (909)421-5309 Attn: Chuck Trimble L 12. CHARTER COMMUNICATIONS 7337 Central Avenue Riverside, CA 92504-1440 Phone: (951) 343-5139 Attn: Dean Vandever 13. EAST VALLEY WATER DISTRICT 3654 Highland Avenue, Suite#18 CL Highland, CA 92346-2607 r m Phone: (909) 888-8986 Attn: Justin Parker a 14. SAN BERNARDINO COUNTY INFORMATION SERVICES NETWORK SERVICES 9 Attn:Randy Miller, Division Chief 670 E. Gilbert Street o San Bemardino, CA 92415 Phone: (909) 388-5910 Attn:Michele Watson E A z a 15. OM[NITRANS 1700 W. 5m Street San Bernardino, CA 92411 Phone: (909) 379-7153 Attn: Allen Wild— Stops & Station Changes SP-35 PacketPg. 182 16. CrfY OF SAN BERNARDINO INFORMATION SERVICES—COMMUNICATIONS `.. 300 North"D" Street,4'Floor San Bernardino, CA 92418 Phone: (909) 384-5947 Attn: Lang Martin 17. CITY OF SAN BERNARDINO PUBLIC SERVICES DEPARTMENT STREET DIVISION 234 S,Mt.View Avenue San Bernardino,CA 92408 Phone: (909)384-5143 Attn: John Van Havermaat 18. CITY OF SAN BERNARDINO d PUBLIC SERVICES DEPARTMENT TRAFFIC SIGNALS & STREET LIGHTING 234 S.Mt. View,#110 San Bernardino, CA ' N Xj` Phone: (909)384-5129 Attn: Clemente Elizalde m K r 7-1.02 CONTRACTOR'S RESPONSIBILITY -- The Contractor shall verify the W location of all underground utilities and services, including potholing, before proceeding with the excavation work, requesting in advance the services of inspectors from the utility companies in order to ascertain said locations. Damage to underground utilities resulting from neglect on the part of the Contractor shall be corrected and paid for by the Contractor. c Y o. N M 7-1.03 COOPERATION AND COLLATERAL WORK -- The Contractor shall d conform to the requirements of Section 7-7, "Cooperation and Collateral Work", of the Standard Specifications. a 7-1.04 UTILITIES NOTIFICATION -- The Contractor shall notify all owners of public utilities seventy two (72) hours in advance of excavating around any of their facilities and substructures and shall also provide the same notice to Underground Service Alert of Southern California, telephone number 1/800/4224133. SP-36 7-1.05 UTILITIES INTERFERENCE -- Utilities which are found, by exploratory location or by excavation, to interfere with the construction of this project will be relocated, altered, or reconstructed, or the Engineer may order changes in location, line or grade of the project structure, to be built in order to avoid said utility. The Contractor may coordinate the work with the utility owners. Abandoned utilities, which interfere with the construction of any portion of this project, may be cut by the Contractor, the interfering portion of the utility removed and open ends of the pipe sealed with a suitable plug or cap. `o v m 7-1.06 PAYMENT -- Full compensation for conforming to the requirements of this Section, not otherwise provided for, shall be considered as included in the prices paid for the various contract bid items of work involved and no additional compensation will be allowed p therefor. J d d y N a a I ;g 01 3�y r d f%J C O y w 0 6 N � C N V x a SP-37 4W SECTION 8 M 8-1 DESCRIPTION OF WORK i 8-1.01 DESCRIPTION -- The work to be done consists, in general, of repairing facilities of the existing street lighting system, replacing facilities of the existing street lighting system and upgrading the efficiency and security of the existing street lighting, including installing conduit, pull boxes and conductors, removing system lighting standards and foundations, as required; t constructing street lighting standard foundations, installing street lighting standards, installing bulbs and fixtures, installing security hand holds and constructing concrete sealed pull boxes following inspection and approval of a functioning system, and such other items or details, not mentioned above, that are required by the Plans, Standard Specifications, or these Special Provisions shall be performed,placed, constructed or installed. The work to be done shall include furnishing all materials, equipment, tools, labor, taxes d and incidentals as required by the Contract Documents to construct the project. N Addenda issued during the time of bidding shall become a part of the documents furnished to all bidders for the preparation of bids, shall be covered in the bids, and shall be made a part of 2 the contract. Each Bid shall include specific acknowledgement in the space provided of receipt of all Addenda issued during the bidding period. Failure to so acknowledge Addenda may result in .� CL the Bid being rejected as not responsive. r 8-1.02 ORDER OF WORK -- The first order of work shall be to place the order for the product and material. Within one (1) week of the notification of award, the Contractor shall furnish the Engineer with a statement from the vendor that the order for said product/material has been received and accepted by the vendor. All other works shall be w considered second order of work. d CL N ttt C d 8-1.03 CLEAN UP AND DUST CONTROL -- Clean up and dust control shall conform to E provisions in Section 7-8.1, "Clean Up and Dust Control",of the Standard Specifications. a The Contractor shall water down the site during periods of high winds as directed by the Engineer, including periods when the work is not actually in progress. Failure to respond to a directive to water the site in a prompt manner will result in the City making other arrangements to have this item of work done and the costs billed to the Contractor, or it shall be paid for by the Contractor as a deduction from his contract. C SP-38 8-1.04 PROJECT LOCATIONS -- Locations within the CITY to be provided following Award of Project. 8-1.05 GEOTECIINICAL INVESTIGATION -- None 8-1.06 APPROVED MATERIALS — Whenever the expression "or approved equal" is used, it shall be taken to mean the approval by the City Engineer of any substitution of material or material specified herein. All substitution requests shall state the reason for the request and the difference in price between the item specified and the requested substitution. 0 U All substitution requests shall be submitted to the City Engineer in writing eight (8) working days prior to the bid opening. No requests for substitutions will be considered by telephone. d m The Contractor shall submit to the Engineer for review and approval six (6) copies of all N shop drawings. The Contractor shall make any corrections to shop drawings required by the Engineer. CL N 8-1.07 CITY-FURNISHED MATERIALS -- CITY furnished material, when applicable as specified in other sections of these Special Provisions, shall comply with the following: a, d A. Materials,if furnished by the CITY,will be made available as specified in these Specifications. The Contractor is responsible for loading, unloading,hauling and handling, and placing CITY-furnished materials. w N B. The Contractor shall inspect and assure itself of the amount and soundness d of such materials. o A z C. The Contractor will be held responsible for all materials furnished to it, a and shall pay all demurrage and storage charges. CITY-fumished materials that are lost or damaged from any cause whatsoever shall be replaced by the Contractor. The Contractor will be liable to the CITY for the cost of replacing CITY-furnished material and such costs may be deducted from any monies due or to become due the Contractor. SP-39 Packet Pg. 186 8-1.08 PRE-BID INOUHUES — NO ORAL representations or interpretations will be made to any Bidder as to the meaning of the Specifications, Plans, any addenda, or other Contract Documents. Written requests for an interpretation, or to identify a potential omission, discrepancy, or misunderstanding will be accepted if received by 5:00 p.m. of the a working day prior to the day of the proposed bid opening. If there are any questions regarding this project,please contact: City Engineer's Office San Bernardino City Hall 3 300 North"D" Street, 3`s Floor San Bernardino, CA 92418 m c 1 SUBJECT: REPAIR, REPLACEMENT AND UPGRADE OF THE STREET LIGHTING SYSTEM AT VARIOUS LOCATIONS IN THE CITY OF SAN BERNARDINO PLANS& SPECIAL PROVISIONS NO. 12853 Attention: Tony Frossard, Project Manager,Facilities Services Tel: (909) 384-5020 E-mail: frossard_to @sbcity.org Or a Attention: Mirela Grigorescu Tel: (909) 384-5202; Fax: (909) 384-5190 E-mail: gigorescu mi@sbcity.org N C O u w m CL N C i d i L � Vtl F Q SP-40 Packet Pg. 187 SECTION 9 9-1 TRAFFIC CONTROL i 9-1.01 GENERAL -- The Contractor shall comply with Section 7-10, "Public j Convenience and Safety", of the Standard Specifications for Public Works Construction, latest edition,and these Special Provisions. Warning signs, lights, cones, barricades and devices for use in performance of work upon 3 highways shall conform to the most recent "California Manual on Uniform Traffic Control 2 Devices". °v w c The Contractor shall submit and obtain CITY approval for traffic control and traffic detour plans prior to the commencement of operations on a street. Traffic control plans shall be based on the most recent"California Manual on Uniform Traffic Control Devices". All temporary traffic striping and maintenance shall be done by the Contractor, including placement of temporary tape on all crosswalks. The Contractor shall restore all existing striping to original configuration,and as directed by the Engineer. N All warning, regulatory and construction signs shall be fully reflectorized. The traffic cones .� to be used shall be thirty-six inches (36") in height, rubber or plastic, and be reflectorized. All work areas that remain after dusk shall be properly lighted to the satisfaction of the Engineer. J The Contractor shall take all necessary measures to maintain a normal flow of traffic to prevent accidents and to protect the work throughout the construction stages until completion of the work. The Contractor shall be responsible for implementing the approved traffic control plan . based on the most recent"California Manual on Uniform Traffic Control Devices". a a The Contractor shall make the necessary arrangements to provide and maintain barriers, y cones, barricades, construction warnings, regulatory signs and any other safety control devices, including flagmen. The Contractor shall take measures necessary to protect all other portions of the work during construction and until completion, providing and maintaining all necessary barriers,barricade lights and striping, including crosswalks. a In addition to the foregoing traffic control and safety measures, the Contractor shall immediately implement any measures requested by the Engineer defined as necessary to ensure the proper flow of traffic,the protection of the public and/or the safety of the workers. SP-41 P.?cket Pg =188 i u S.F.c S The Contractor shall maintain at all times the ability to respond to calls from the Engineer, including during non-working hours to replace or provide additional traffic control or safety devices as required. All places of business and residences along the streets that are within the limits of any work shall be notified by the Contractor in writing at least seven (7) days prior to commencement of work. This notification shall explain the sequence of work and indicate any restrictions of parking and access. Verbal notification shall be given to all places of business and residences at least 18 hours in advance of commencing work that will affect access to and from their properties. `o The Contractor shall notify all local authorities of his intent to begin work, in writing, at least seven(7) days before work is begun. 0 m C :'3 L 9-1.02 TURN RESTRICTIONS -- The Contractor shall post appropriate signs restricting turns when directed to do so by the Engineer. N 555 M 9-1.03 PARKING RESTRICTIONS -- Unless otherwise provided herein, the Contractor may post temporary "NO PARKING" signs within the area of work as required to facilitate construction operations, subject to approval of the Engineer. Personal vehicles of the Contractor's employees shall not be parked on the traveled way at any time. J The Contractor shall furnish, maintain, and install (seven days prior to the start of work) all d "TEMPORARY NO PARKING" signs with the duration of the no parking time written on them. The Contractor will be responsible for posting, removing, and maintaining these signs as required A for this project. w d The Contractor shall cooperate with local authorities relative to handling traffic through the y area and shall make his own arrangements relative to keeping the working area clear of parked d vehicles. The Contractor shall obtain prior approval from the Engineer for removal of vehicles. A a 9-1.04 TRAFFIC LANES -- Traffic lanes shall have a minimum width of 10 feet. A minimum shoulder width of 2 feet shall be provided adjacent to curbs, posts and other similar obstructions, and 5 feet shall be provided adjacent to any excavation, unless otherwise authorized by the Engineer. I SP42 PacketPg. 189 9-1.05 PUBLIC CONVENIENCE -- During the progress of work, adequate provisions shall be made by the Contractor to accommodate the normal vehicular and pedestrian -- traffic along streets, roads, and highways, immediately adjacent to or crossing the work, so as to cause a minimum of inconvenience to the general public. Convenient access to abutting properties shall be maintained and remain open,unless approved by the Engineer. 9-1.06 FLASHING ARROW SIGNS -- The Contractor shall furnish and maintain flashing arrow signs (FAS) during lane closures or detours on streets. The Engineer shall determine when FAS is required at any location. R 0 0 U 9-1.07 LANE CLOSURE -- The Contractor shall not close more than one (1) lane at a time. The Contractor shall submit traffic control plans and obtain written approval from the w Traffic Engineer prior to lane closure. No traveled lane will be closed without authorized approval given by the Engineer. If any �? traveled lane or road is allowed to be closed by the Engineer, the Contractor shall install signs to notify the public of days and times that traveled lanes or roads will be closed seven (7) days in advance of the lane or road closure. N If lane closures are approved by the Engineer, the full width of the traveled way shall be open for use by public traffic from 4:00 p.m. to 8:30 a.m., all day for Saturdays, Sundays, and designated legal holidays; after 3:00 p.m. on Fridays (unless otherwise approved by the Engineer) and the day preceding designated legal holidays; and when construction operations are not actively d in progress on working days. in c The Contractor shall furnish, install, and upon completion of the work, remove all signs and warning devices required for directing,protecting,and detour of the public during construction. a a Emergency vehicles shall be permitted access at all times to any street. G d E r U Unless otherwise authorized by the Engineer, pedestrian access shall be permitted to pass ° through the work area, or an approved detour shall be provided. Safe and adequate pedestrian a access to all business establishments shall be continuous and unobstructed unless otherwise approved by the Engineer. A f. SP-43 R 9-1.08 PAYMENT -- Full compensation for traffic control, including furnishing and installing signs, lights, flares, barricades, traffic control plan and other traffic control devices, necessary to expedite passage of public traffic through the work area, shall be considered as included in the prices paid for the various contract bid items of work, and no additional compensation will be allowed therefor. I r� The provisions in this Section may be modified or altered if, in the opinion of the Engineer, public traffic will be better served and work expedited. Said modifications or alterations shall not be adopted until approved in writing by the Engineer. Such approved modifications or alterations _ shall be adopted immediately and shall be considered paid in full included in the prices paid for the various contract bid items of work, and no additional compensation will be allowed therefor. } U m C L J 7 d I M N N 6 d K L O) J d N C O O w 'u m CL N C d u � m x Q c V SP-44 P.aeftet Pg:197 °', i 1 SECTION 10 10-1 MOBILIZATION 10-1.01 GENERAL — Mobilization shall comply with the requirements of Section 9- 3.4, "Mobilization",of the Standard Specifications. Mobilization may include,but not be limited to,the following principle items: 1. Submittal and modification, as required,of the Construction Schedule. 2. Providing a Project Office. c 3. Review of the Site. 4. Obtaining all required Transportation Permits. 5. Submittal of all required insurance certificates and bonds as required by these J Specifications 6. Moving onto the site,including, but not limited to: v, a. Equipment M b. Arranging for and erection of Contractor's work and storage areas. 7. Installing construction fencing and temporary construction power and wiring. 8. Providing a minimum of one restroom facility for each twenty-five(25)workers N occupying the site. Facilities may include existing functioning restrooms, or portable # chemical facilities,or any combination thereof, and shall count as one for each urinal a or one for each water closet(as required). 9. Installing all temporary utilities(as required). rn 10. Establishing required fire protection provisions. 11. Posting all OSHA required notices and establishment of safety programs. y 12. Posting of all Department of Labor notices. $ 13. Having the Contractor's superintendent at the job site full-time and responding 24 hours per day. 14. Air and water quality protective measures,as necessary,and without limitation. w° 15. Potholing and other research and review as necessary to verify site conditions and d utility locations. E 16. Demobilization of the Site. 17. Any other item as specified. a The cost of bonds, insurance, move in and move out costs, preparation and submission of submittals, obtaining encroachment permits, and miscellaneous incidental costs, shall be included in the Bid Item provided for mobilization and demobilization and incidental project costs as a lump sum item, for which 75 percent (75 1/o) will be eligible for inclusion in the first progress payment, with the remaining 25 percent (25"/o) not eligible for inclusion until 100 percent (100%) of the r work has been completed and if progress of the work is satisfactory. e.. SP-45 'Ea4 e ,9Z No work shall be started without prior approval of the submittals. Failure to comply with the preceding requirement will be sufficient ground for the Engineer to stop all work on the project until the requirements are met. 10-1.02 PAYMENT — Full compensation for mobilization, including the cost of all work in advance of the construction operation and not directly attributable to any specific bid item, shall be considered as included in the prices paid for the various contract bid items of work, and no additional compensation will be allowed therefor. 0 U A C O U c r A m J d f%J � r r N A a K L P J d N k o w E w CL N G d E L a SP-46 PacketPg. t93 SECTION 11 r 11-1 CLEARING AND GRUBBING UNCLASSIFIED EXCAVATION AND UNCLASSIFIED FILL i I 11-1.01 GENERAL -- Clearing and grubbing, unclassified excavation and unclassified fill shall comply with Section 3004, "Clearing and Grubbing", Section 300-2, "Unclassified z Excavation", and Section 3004, "Unclassified Fill", of the Standard Specifications and these Special Provisions. A Clearing and grubbing shall include, but not be limited to the following items as shown on the Plans or as specified in the Special Provisions. c L g o, r PART "A" d a The following items shall be classified as clearing and grubbing: M 1. Remove existing features, in the area of the work of this project, and as directed by the Engineer, including miscellaneous items that can be removed by hand. N 1x .Q PART "B" d The following work to be done consists, in general, of removal of existing concrete light pole foundations and street fight poles and shall be done in accordance with the Section 300-1, I "Clearing and Grubbing," of the Standard Specifications and these Special Provisions. 0 The existing conductors shall be spliced to keep the existing street lighting system operational as directed by the Engineer. a The following items are classified as separate bid items of work: t U 1. Remove remaining portion of damaged high-mast street light standard, as directed by the Engineer. a 2. Remove damaged high-mast street light standard foundation, as directed by the Engineer. 3. Remove remaining portion of damaged post-top street light standard and cap, as directed by the Engineer. SP47 Packet Pg. 194 4. Remove damaged post-top street light standard foundation, as directed by the Engineer. Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as provided in Section 7-10, "Public Convenience And Safety", of the Standard Specifications. All removed concrete and other materials, not specifically requested to be salvaged, shall become the property of the Contractor and shall be legally disposed of outside of the right-of-way in accordance with Section 300-2.2, "Unsuitable Materials", and Section 300-2.6, "Surplus Material',of the Standard Specifications. 0 U Any materials to be salvaged shall be delivered by the Contractor to the City Yard, at 234 South Mountain View Avenue, San Bernardino, CA 92404. The Contractor shall contact the Engineer at (909) 384-5166 and the Traffic Signal and Street Lighting Supervisor at (909) 384- 5129, 48 hours prior to hauling. The Contractor shall provide equipment, as required, to safely load and unload the salvaged materials. y ?�? Outside the traveled way, in areas to receive concrete, soil shall be compacted to a relative 3 density of not less than 90%. N it Backfill under the traveled way shall be compacted to a relative compaction of a minimum •� of 90%. When asphalt pavement is to be placed directly on subgrade material, subgrade material shall be compacted to a relative compaction of 95%. J 11-1.02 PAYMENT -- The contract bid price paid per each for "REMOVE Remaining Portion of Damaged Pole — High Mast", "REMOVE Damaged Foundation — High Mast", .2 "REMOVE Remaining Portion of Damaged Pole and Cap — Post Top" and "REMOVE Damaged Foundation —Post Top" shall include full compensation for providing all the material, a tools and equipment, and for doing all the work necessary to remove all appurtenant facilities and � splice conductors to keep the remaining street lighting system operational without interruption , E ' complete in place, per the Standard Specifications, these Special Provisions and as directed by the Engineer, and no additional compensation will be allowed therefor. w 1 a f Full compensation for providing all the material, tools and equipment, and for doing all the work involved in clearing and grubbing and the removal of existing miscellaneous unclassified excavation and unclassified fill, providing, relocating and removing temporary construction fencing, the removal and salvage or existing facilities and the removal by hand of items in the area of the work, as required, per the Standard Specifications, these Special Provisions, and as directed by the Engineer, shall be considered to be included in the prices paid for the various contract bid p items of work,and no additional compensation will be allowed therefor. SP-48 Packet Pg.195 Cost of compaction testing ordered by the Engineer shall be paid for in the following manner. c 1. Tests which do not meet the required relative compaction shall be paid for by the Contractor, as a deduction from his contract. The Contractor shall pay the price at the same rate that the CITY is charged by the testing soils lab. s 2. Tests which do meet the required relative compaction shall be paid for by the CITY. s o � 4 C U C y� L ' J N M to M �7, N M � m I N { 6 T 1 J d C d O U w 5 O c c v r U Q I SP-49 PacketPg.196 SECTION 12 THROUGH SECTION 20 BLANK o v c 0 U c L Ol J N I .f 'E N N N W. a m K s m J m m N C O V w d N h c !i E 2 r qu � F ! Q SP-50 SECTION 21 21-1 STREET LIGHTING 21-1.01 GENERAL -- All work on the street fighting system shall be constructed in accordance with Section 209, "Street Lighting and Traffic Signal Systems", and Section 307, "Street Lighting and Traffic Signals", of the Standard Specifications, the City of San Bernardino Street Lighting Policies and Procedures, these Special Provisions and Caltrans Standard Plans for 2008. The work to be done consists, in general, of constructing Portland Cement Concrete foundations for street light poles; installing CITY-provided street light standards as part of the o existing street lighting system; including installing/replacing conduit, pull boxes, conductors, installing/replacing fixtures, lamps, ballast, fuses and photo cells, installing security' hand hole covers on street light standards, constructing concrete security at pull boxes, and such other items or details not mentioned above that are required by the Plans 2 1 N 21-1.02 MATERIALS -- All materials shall be as listed below or approved equal by the Engineer. m 1. Lighting Standards -- Lighting standards shall be octagonal, symmetrically tapered, pre-cast, pre-stressed, concrete poles unless otherwise specified by the City Engineer. The color shall be natural gray with black and white aggregate. a The poles shall have an approved anti-graffiti surface. j m i The Contractor shall provide hand hole covers for 1C123 poles secured with tamper-proof screws (hex-center/pin). w 2. Luminaires -- Luminaires shall be high pressure sodium type,G.E. M-250 A2 a Power/door Lumina re cutoff optics with integral ballast, and P.E. receptacle, wattage as directed, wired for 240 volt operation, and as directed by the E Engineer, or approved equal. A r; 3. Pull Boxes -- Pull boxes shall be#3-1/2 and installed flush with top of curb or a concrete sidewalk. 4. Pull Boxes shall be secured with a 6"thick Portland concrete cement top,per the CITY "Pullbox Security Detail" included in the APPENDIX of these Special Provisions. Concrete pull box covers shall be unmarked, or as directed by the Engineer. SP-51 PacketPg. 198 i 5.F.cl I• 4. Service -- Service shall be installed, as shown on the Plans and in accordance with Standard Drawing SL-2 Should the Contractor need to contact the service utility to complete service connection. Such request shall be submitted not less than 45 days before service connections are required. All fees charged by the Southern California Edison Company will be paid by the city. s U 5. Conduit -- Conduit shall conform to Sub-Section 307-12, "Conduit', of the Standard Specifications. The Contractor may use either rigid galvanized steel conduit or rigid polyvinyl chloride (Schedule 40) for underground use, and rigid polyvinyl chloride(Schedule 80)for use above ground. rn Conduits passing under roadways shall be installed by jacking or drilling d methods utilizing only galvanized rigid steel conduit. Conduit shall be 2-inch �? diameter,minimum. V Conduits shall be placed at the following depths below grade: N r a. 18-inches,within parkways and medians,back of curbs, and under concrete sidewalks. b. 24-inches when crossing roadways. 6. Conductors — Conductors shall be UL listed and rated for 600 volt operation. The insulation for No. 14 and larger conductors shall be one of the following: 2 a. Type TW polyvinyl chloride conforming to the n requirements of ASTM Designation: D2219 c m a. Type THW or THWN polyvinyl chloride. E R i; b. Type USE, Type RHH or Type RHW cross-linked polyethylene. a At any point, the minimum thickness of any of the above insulations shall be 40 mils for conductor sizes No. 14 to No. 10, inclusive, and 54 mils for No. 8 to No. 2, inclusive. I i SP-52 FPacket Pg. 199 i 7. Pole Foundations -- Foundations for poles shall be constructed to Class 560-C- �^ 3250 concrete,with a maximum slump of four(4) inches. Anchor bolts shall be `�. installed to match the bolt hole patterns for the poles. 1 21-1.03 OPERATING TEST -- An operating test consisting of five (5) days of trouble-free operation shall be satisfactorily completed prior to acceptance by the Engineer. i 21-1.04 PAYMENT — The contract bid unit prices paid per EACH for the various contract bid items of work in the BID SCHEDULE shall be considered as full compensation for providing all material, tools and equipment and for doing all the work involved in the installation 00 of street light standards and foundations, installation/replacement of conductors, conduit, pull in boxes, fixtures, lamps, ballasts, fuses,photo cells, security for hand holes and pull boxes, including Z connection of the street lighting system and all appurtenant facilities, complete in place, per the Standard Specifications, these Special Provisions, and as directed by the Engineer, and no additional compensation will be allowed therefor. N M r Repair, replacement and upgrade of the street lighting system shall conform to the City Standard Drawings designated SL series; and removal of existing electrical equipment shall N conform to Section 307-7, "Salvage"of the Standard Specifications and these Special Provisions. N None of the existing electrical equipment to be removed shall be reused or salvaged except the poles,mast arms and luminaire upon request of the Engineer. Removal of existing concrete light pole foundations and street fight poles shall be done in m accordance with Section 300-1, "Clearing and Grubbing" of the Standard Specifications and these 5i Special Provisions. See Section 11,"CLEARING AND GRUBBING" of these Special Provisions. o A u The existing conduit and conductors shall be abandoned in place, or to be removed, as directed by the Engineer. The installation shall include street lighting standards, luminaire, electrical service and all r underground distribution lines; and shall include the trenching,backfill, and compaction thereof. a SP-53 Packet Pg. 200 ' dl SECTION 22 THROUGH SECTION 49 j 3 BLANK o � v m c 0 U m c L OI i J � d d V1 t7 r M W N 6 d I J d d N c y' O «71 u w u a N C d t V � 1 Q i 3854 i IZOO SECTION 50 1 50-1 REMOVAL AND RESTORATION OF EXISTING APROVEMENTS EXCEPT STREET PAVEMENT 50-1.01 GENERAL - The Contractor shall comply with Section 7-9, "Protection and Restoration of Existing Improvements", of the Standard Specifications, latest edition, and these Special Provisions. 0 U All existing improvements (except utilities and street pavements) including, but not limited to curbs, gutters, cross gutters, spandrels, driveways and sidewalks, walls, fences, sprinkler u systems, lawns, shrubs, trees, and traffic signs, traffic striping and traffic detector loops which are 0 1 damaged or removed during the course of construction of the project shall be restored or replaced rn k to a condition equal to or better than, in all respects, the existing improvements removed or damaged,unless otherwise specified or noted on the drawings. The removal and restoration of existing improvements shall be in accordance with the applicable provision of these Special Provisions, the Standard Specifications, Standard Drawing and the following requirements: ' N I. In the event a portion of curb, gutter or monolithic curb and gutter is damaged by the Contractor's operations, a minimum of 10 feet of curb, gutter or curb and gutter shall be removed and replaced regardless of how short a length is damaged. The t Contractor shall begin said 10-foot section, if possible, at an existing joint or scoring line. If said 10-foot section ends within 3 feet of an existing joint or scoring d line,then the removal shall extend to said joint or scoring line. 0 2. If concrete cross gutter is damaged by the Contractor's operations, the cross gutter shall be removed in its entirety and replaced. n U) 3. Concrete sidewalk shall be removed in its entirety between scoring lines or between E scoring line and joint. Prior to removal, scoring lines shall be saw-cut. E A 4. If a concrete driveway is damaged and is a single monolithic structure, it shall be a removed in its entirety and replaced. 5. If a concrete driveway is damaged and is monolithic with the sidewalk, it shall be set off from the sidewalk by a saw cut along the edge of the sidewalk. The driveway shall then be removed in its entirety and replaced. 4 SP-55 ' 2 r� 6. If the roadside signs are damaged during the construction, they shall be restored or replaced to a condition equal or better than the existing per the prior approval of the �.- City's Traffic Section. New installation shall not impede into required ADA access distance around obstacles. A minimum clearance of 48"shall be maintained. 7. If existing fence is in conflict with the new construction, fence shall be relocated by the Contractor. �1p 9 Unless otherwise specified, all excess excavation or removed material shall become the property of the Contractor and shall be disposed of by him away from the site of work. 3 �1 50-1.02 PAYMENT - Full compensation for conforming to the requirements of this section, not otherwise provided for, shall be considered as included in the prices paid for the t various contract bid items of work involved, and no additional compensation will be allowed therefor. d N � M A b N m s m J d N fifi c O V a a N c m v Q i I i SP-56 PART III SPECIAL PROVISIONS The Prime Contractor of a Federal-Aid project 2 shall physically include the required contract provisions contained in the following Federal Provisions and Conditions c0 in all subcontracts,lower tier subcontracts and purchase orders. M S L ' O) J m d N M n e M N N d L Ol J d d N C O O d a N I c d E m 3 7; Q `r S.F.c it i Federal Labor Standards Provisions U.S.Department of dousing and Urban Development Office of Labor Relations Applicability (1) The work to be performed by the classification i The Project or Program to which the construction work requested is not performed by a classification in the wage covered by this contract pertains is being assisted by the determination; and United Stales of America and the following Federal Labor (2) The classification is utilized in the area by the i Standards Provisions are Included in this Contract construction industry; and pursuant to the provisions applicable to such Federal (3) The proposed wage rate, including any bona fide assistance. fringe benefits, bears a reasonable relationship to the A. 1. (1) Minimum Wages. All laborers and mechanics wage rates contained In the wage determination. 9 employed or working upon the site of the work, will be paid (b) If the contractor and the laborers and mechanics to be C unconditionally and not less often than once a week, and employed In the classification (If known), or their without subsequent deduction or rebate on any account representatives, and HUD or its designee agree on the (except such payroll deductions as are permitted by classification and wage rate (Including the amount regulations Issued by the Secretary of Labor under the designated for fringe benefits where appropriate), a report U Copeland Act (29 CFR Part 3), the full amount of wages of the action taken shall be sent by HUD or Its designee to pr and bona fide fringe benefits (or cash equivalents thereof) the Administrator of the Wage and Hour Division, 9 due at time of payment computed at rates not less than Employment Standards Administration, U.S. Department of t l� those contained In the wage determination of the Labor, Washington, D.C. 20210. The Administrator, or an Secretary of Labor which is attached hereto and made a authorized representative, will approve, modify, or J pert hereof, regardless of any contractual relationship disapprove every additional classification action within 30 which may be alleged to axial between the contractor and days of receipt and so advise HUD or Its designee or will N such laborers and mechanics. Contributions made or notify HUD or its designee within the 30-day period that •• costs reasonably anticipated for bona fide fringe benefits additional time Is necessary. (Approved by the Office of A under Section I(b)(2) of the Davis-Bacon Act on behalf of Management and Budget under OMB control number 1215- laborers or mechanics are considered wages paid to such 0140.) laborers or mechanics, subject to the provisions of 29 CFR rn , ur 5.5(a)(1)(IV); also, regular contributions made or costs (c) In the event the contractor, the laborers or mechanics ao _ incurred for more than a weekly period (but not less often to be employed in the classification or their I than quarterly) under plena, footle, or programs, which representatives, and HUD or Its designee do not agree on the proposed classification and wage rate (including the cover the particular weekly period, are deemed to be .q amount designated for fringe benefits, where appropriate), a constructively made or Incurred during such weekly period. d HUD or its designee shall refer the questions, Including K Such laborers and mechanics shall be paid the appropriate the views of all interested parties and the recommendation t wage rate and fringe benefits on the wage determination of HUD or Its designee, to the Administrator for rA for the classification of work actually performed, without determination. The Administrator, or an authorized J regard to skill, except as provided in 29 CFR 5.5(a)(4). representative, will issue a determination within 30 days of d Laborers or mechanics performing work In more than one receipt and so advise HUD or Its designee or will notify y classification may be compensated at the rate specified for HUD or Its designee within the 30-day period that C each classification for the time actually worked therein: additional time Is necessary. (Approved by the Office of Provided, That the employer's payroll records accurately Management and Budget under OMB Control Number u set forth the time spent In each classification in which 1215-0140.) r_ work Is performed. The wage determination (Including any r) (d) The wage rate (Including fringe benefits where m additional classification and wage rates conformed under n 29 CFR 5.5(a)(1)(u) and the Davis-Bacon poster (WH- appropriate) determined pursuant to subparagraphs N 1321) shall be posted at all limes by the contractor and Its (1)(1i)(b) or (c) of this paragraph, shall be paid to all c subcontractors at The site of the work In a prominent and workers performing work in the classification under this accessible, place where it can be easily seen by the contract from the first day on which work is performed In L workers. the classification. (II) (a) Any class of laborers or mechanics which is not (111) Whenever the minimum wage rate prescribed in the Q listed In the wage determination and which is to be contract for a class of laborers or mechanics Includes a FF fringe benefit which is not expressed as an hourly rate, the l employed under the Contract Shall be classified shall contractor shall either pay the benefit as stated in the conformance with the wage dction and w HUD shall wage determination or shall pay another bona fide fringe F approve an additional classification end wage rate end &E fringe benefits therefor only when the following criteria benefit or an hourly cash equivalent thereof. have been met: (Iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part I form HUD-MO(0512009) Previous etllaans are obsolete Page 1 of 5 ref.Handbook 1344.1 6 Packet Pg. 205 of the wages of any laborer or mechanic the amount of any communicated In writing to the laborers or mechanics costs reasonably anticipated in providing bona fide fringe affected, and records which show the costs anticipated or benefits under a plan or program. Provided, That the the actual cost Incurred in providing such benefits. Secretary of Labor has found, upon the written request of Contractors employing apprentices or trainees under the contractor, that the applicable standards of the Davis- approved programs shall maintain written evidence of the Bacon Act have been met. The Secretary of Labor may registration of apprenticeship programs and certification of require the contractor to set aside in a separate account trainee programs, the registration of the apprentices and { assets for the meeting of obligations under the plan or trainees, and the ratios and wage rates prescribed in the program. (Approved by the Office of Management and applicable programs. (Approved by the Office of } Budget under OMB Control Number 1215-0140.) Management and Budget under OMB Control Numbers 2. Withholding. HUD or its designee shall upon Its own 1215-0140 and 1215-0017.) action or upon written request of an authorized (11) (a) The contractor shall submit weekly for each week p representative of the Department of Labor withhold or in which any contract work is performed a copy of all n 6 cause to be withheld from the contractor under this payrolls to HUD or Its designee If the agency is a party to contract or any other Federal contract with the same prime the contract, but if the agency is not such a party, the contractor, or any other Federally-assisted contract contractor will submit the payrolls to the applicant L) subject to Davis-Bacon prevailing wage requirements, sponsor, or owner, as the case may be, for transmission to which Is held by the same prime contractor so much of the HUD or Its designee. The payrolls submitted shall set out •- accrued payments or advances as may be considered accurately and completely all of the information required pr necessary to pay laborers and mechanics, including to be maintained under 29 CFR 5.5(a)(3)(1) except that full _t apprentices, trainees and helpers, employed by the social security numbers and home addresses shall not be y contractor or any subcontractor the full amount of wages included on weekly transmittals. Instead the payrolls shall required by the contract In the event of failure to pay any only need to include an Individually identifying number for M laborer or mechanic, Including any apprentice, trainee or each employee (e.g., the last four digits of the employee's helper, employed or working on the site of the work, all or social security number). The required weekly payroll part of the wages required by the contract. HUD or Its Information may be submitted in any form desired. designee may, after written notice to the contractor, Optional Form WW347 Is available for this purpose from sponsor, applicant, or owner, lake such action as may be the Wage and Hour Division Web site at 10 necessary to cause the suspension of any further htto.*IlWww,dot,ooy1ess1#hd1forms1wh347instrhtnr or its payment, advance, or guarantee of funds until such successor site. The prime contractor is responsible for # •� violations have ceased. HUD or Its designee may, after the submission of copies of payrolls by all subcontractors. written notice to the contractor, disburse such amounts Contractors and subcontractors shall maintain the full d withheld for and on account of the contractor or social security number and current address of each K subcontractor to the respective employees to whom they covered worker, and shall provide them upon request to are due. The Comptroller General shall make such HUD or Its designee If the agency Is a party to the J disbursements in the case of direct Davis-Bacon Act contract, but if the agency is not such a party. the y contracts. contractor will submit the payrolls to the applicant 3. (1) Payrolls and basic records. Payrolls and basic sponsor, or owner, as the case may be, for transmission to U) records relating thereto shall be maintained by the HUD or Its designee, the contractor, or the Wage and Hour G '1 contractor during the course of the work preserved for a Division of the Department of Labor for purposes of an period of three years thereafter for all laborers and Investigation or audit of compliance with prevailing wage mechanics working at the site of the work. Such records requirements. It Is not a violation of this subparagraph for �E shall contain the name, address, and social security a prime contractor to require a subcontractor to provide C number of each such worker, his or her correct addresses and social security numbers to the prime y classification, hourly rates of wages paid (Including rates contractor for Its own records, without weekly submission •• of contributions or costa anticipated for bona fide fringe to HUD or Its designee. (Approved by the Office of y benefits or cash equivalents thereof of the types described Management and Budget under OMB Control Number E In Section I(b)(2)(B) of the Davis-bacon Act), daily and 1215-0149.) weekly number of hours worked, deductions made and (b) Each payroll. submitted shall be accompanied by a Q actual wages paid. Whenever the Secretary of Labor has 'Statement of Compliance,' signed by the contractor or found under 29 CFR 5.5 (a)(1)(N) that the wages of any subcontractor or his or her agent who pays or supervises laborer or mechanic Include the amount of any costs the payment of the persons employed under the contract 7 reasonably anticipated in providing benefits under a plan and shall certify the following: 1 or program described in Section I(b)(2)(B) of the Davis- (1) That the payroll for the payroll period contains the Bacon Act, the contractor shall maintain records which Information. required to be provided under 29 CFR 5.5 show that the commitment to provide such benefits Is enforceable, that the plan or under the appropriate Informations being maintained program Is financially untler 29 CFR 5.5(a)(S)(i), and that such information is responsible, and that the plan or program has been correct and complete; Previous still are obsolete (am HUD-4010(05120M) Page 2 of 5 ref.Handbook 1344.1 I' y ( (2) That each laborer or mechanic (Including each helper, Is not registered or otherwise employed as stated above; apprentice, and trainee) employed on the contract during shall be paid not less than the applicable wage rate on the the payroll period has been paid the full weekly wages wage determination for the classification of work actually earned, without rebate, either directly or indirectly, and performed. In addition, any apprentice performing work on that no deductions have been made either directly or the job site In excess of the ratio permitted under the Indirectly from the full wages earned, other than registered program shall be paid not less than the permissible deductions as set forth in 29 CFR Part 3; applicable wage rate on the wage determination for the (3) That each laborer or mechanic has been paid not less work actually performed. Where a contractor is performing than the applicable wage rates and fringe benefits or cash construction on a project in a locality other than that In 4 equivalents for the classification of work performed, as which its program Is registered, the ratios and wage rates specified In the applicable wage determination (expressed In percentages of the journeyman's hourly Incorporated Into the contract. rate) specified In the contractor's or subcontractor's (c) The weekly submission of a properly executed registered program shall be observed. Every apprentice certification set forth on the reverse side of Optional Form must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, c WH-347 shall satisfy the requirement for submission of the 0 'Statement of Compliance' required by subparagraph expressed as a percentage of the journeymen hourly rata 0 specified in the applicable wage determination. OI A.3.(I1)(b). c Apprentices shall be paid fringe benefits in accordance (d) The falsification of any of the above certifications may with the provisions of the apprenticeship program. If the n subject the contractor or subcontractor to civil or criminal apprenticeship program does not specify fringe"benefits, J prosecution under Section 1001 of Title 18 and Section apprentices must be paid the full amount of fringe benefits 231 of Title 31 of the United States Code. listed on the wage determination for the applicable (111) The contractor or subcontractor shall make the classification. If the Administrator determines that a y records required under subparagraph A.3.(i) available for different practice prevails for the applicable apprentice •' Inspection, copying, or transcription by authorized classification, fringes shall be paid in accordance with that representatives of HUD or Its designee or the Department determination. In the event the Office of Apprenticeship of Labor, and shall permit such representatives to Training. Employer and Labor Services, or a State interview employees during working hours on the job. If Apprenticeship Agency recognized by the Office, the contractor or subcontractor falls to submit the required withdraws approval of an apprenticeship program, the 00 records or to make them available, HUD or its designee contractor will no longer be permitted to utilize a may, after written notice to the contractor, sponsor, apprentices at less than the applicable predetermined rate applicant or owner, take such action as may be necessary for the work performed until an acceptable program is 0 to cause the suspension of any further payment, advance, approved. IX 0 or guarantee of funds. Furthermore, failure to submit the (11) Trainees. Except as provided in 29 CFR 5.18, W required records upon request or to make such records trainees will not he permitted to work at less than the R available may be grounds for debarment action pursuant to predetermined rate for the work performed unless they are d 29 CFR 5.12. employed pursuant ',lo and Individually registered in a 4. Apprentices and Trainees. program which has received prior approval, evidenced by N (I) Apprentices. Apprentices will be permitted to work at formal certification by the U.S. Department of Labor, C Employment and Training Administration. The ratio of leas than the predetermined rate for the work they - m performed when they are employed pursuant to and trainees to journeymen on the job site shall not be greater 0 Individually registered In a bona Floe a than permitted under the plan approved by the != Y 0 apprenticeship U program registered with the U.S. Department of Labor, Employment and Training Administration. Every trainee o. Employment and Training Administration, Office of must be paid at not less than the rate specified in the y Apprenticeship Training, Employer and Labor Services, or approved program for the trainee's level of progress, c with a State Apprenticeship Agency recognized by the expressed as a percentage of the journeyman hourly rate 0 Office, or If a person is employed in his or her first 90 specified in the applicable wage determination. Trainees E days of probationary employment as an apprentice in such shall be paid fringe benefits In accordance with the 0 an apprenticeship program, who Is not Individually provisions of the trainee program. If the trainee program registered in the program, but who has been certified by does not mention fringe benefits, trainees shall be paid the Office of Apprenticeship Training, Employer and Labor the full amount of fringe benefits listed on the wage Services or a State� Apprenticeship Agency (where determination unless the Administrator of the Wage and appropriate) to be eligible for probationary employment as Hour Division determines that there Is an apprenticeship l an apprentice. The allowable ratio of apprentices to program associated with the corresponding journeyman journeymen on the job site In any craft classification shall wage rate on the wage determination which provides for 3 not be greater than the ratio permitted to the contractor as less than full fringe benefits for apprentices. Any to the entire work force under the registered program. Any employee listed on the payroll at a trainee rate who is not worker listed on a payroll at an apprentice wage rate, who registered and participating In a training plan approved by h Previous editions are obsolete form HUD-4010(0512009) Page 3 of 5 ref.Handbook 1344.1 pBC�®ti'ZQ� �' it i 3 the Employment and Training Administration shall be paid awarded HUD contracts or participate in HUD programs not less than the applicable wage rate on the wage pursuant to 24 CFR Part 24. determination for the work actually performed. In addition, (II) No part of this contract shall be subcontracted to any any trainee performing work on the job site in excess of person or firm ineligible for award of a Government the ratio permitted under the registered program shall be contract by virtue of Section 3(a) of the Davis-Bacon Act paid not less than the applicable wage rate on the wage or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or determination for the work actually performed- in the participate In HUD programs pursuant to 24 CFR Part 24. event the Employment and Training Administration withdraws approval of a training program, the contractor (Iii) The penalty for making false statements is prescribed € will no longer be permitted to utilize trainees at less than U.S.the U.S. Criminal Code, 18 U.S.C. , Title Additionally, the applicable predetermined rate for the work performed U Criminal Code, Section 1 ra 0, Title 18, U.S.C., until an acceptable program is approved. 'Federal Housing r the purpose transactions', provides In part: 'Whoever, for the purpose of . . . Influencing in any Q (111) Equal employment opportunity. The utilization of way the action of such Administration..... makes, utters or U apprentices, trainees and Journeymen under 29 CFR Part 5 publishes any statement knowing the same to be false..... `al shall be In conformity with the equal employment shall be fined not more than $5,000 or imprisoned net o opportunity requirements of Executive Order 11246, as more than two years, or both.* U amended, and 29 CFR Part 30. OI 11. Complaints, Proceedings, or Testimony by S. Compliance with Copeland Act requirements. The Employees. No laborer or mechanic to whom the wage, t @ @ @s contractor shall comply with the requirements of 29 CFR salary, or other labor standards provisions of this Contract m Part 3 which are Incorporated by reference In [his contract are applicable shall be discharged or in any other manner J 6. Subcontracts. The contractor or subcontractor will discriminated against by the Contractor or any d Insert In any subcontracts the clauses contained in subcontractor because such employee has filed any subparagraphs 1 through 11 in this paragraph A and such complaint or instituted or caused to be instituted any W > other clauses as HUD or its designee may by appropriate proceeding or has testified or is about to testify in any Instructions require, and a copy of the applicable proceeding under or relating to the labor standards fO prevailing wage decision, and also a clause requiring the applicable under this Contract to his employer. subcontractors to Include these clauses in any lower tier B. Contract Work Hours and Safety Standards Act. The m subcontracts. The prime contractor shall be responsible provisions of this paragraph S are applicable where the amount of the N for the compliance by any subcontractor or lower tier prime contract exceeds $100,000. As used in This paragraph, the # subcontractor with all the contract clauses in this terms laborers"and"mechanis"include watchmen and guards. paragraph. m (1) Overtime requirements. No contractor or subcontractor y 7. Contrast termination; debarment. A breech of the contracting for any part of the contract work which may require or contract clauses In 29 CFR 5.5 may be grounds for Involve the employment of laborers or mechanics shall require or termination of the contract and for debarment as a permit any such laborer or mechanic in any workweek in which the J contractor and a subcontractor as provided In 29 CFR individual is employed on such work to work in excess of 40 hours in d 5.12. such workweek unless such laborer or mechanic receives 8. Cornpamrce wOh Davis-Bacon and Related Act Requirements. compensation at a rate not less then one and one-half limes the basic N All rulings and interpretations of the Davis-Bacon and rate of pay for all hours worked in excess of 40 hours in such a 0 Related Acts contained In 29 CFR Parts 1, 3, and 5 are workweek. herein Incorporated by reference In this contract (2) Violation; liability for unpaid wages; liquidated 9. Disputes concerning labor standards. Disputes damages. In the event of any violation of the clause set 'u arising out of the labor standards provisions of this forth In subparagraph (1) of this paragraph, the contractor p, contract shall not be subject to the general disputes and any subcontractor responsible therefor shall be liable N clause of this contract. Such disputes shall be resolved In for the unpaid wages. In addition, such contractor and 1 accordance with the procedures of the Department of subcontractor shall be liable to the United Stales (in the 0 Labor set forth In 29 CFR Parts 5, 6, and 7. Disputes case of work done under contract for the District of E 3 within the meaning of this clause include disputes between Columbia or a territory, to such District or to such n the contractor (or any of Its subcontractors) and HUD or territory), for liquidated damages. Such liquidated Q Its designee, the U.S. Department of Labor, or the damages shall be computed with respect to each Individual employees or their representatives. laborer or mechanic, including watchmen and guards, 10. (1) Certification of Eligibility. By entering Into this employed in violation of the clause set forth In contract the contractor certifies that neither It (nor he or subparagraph (1) of this paragraph, Inthesumof$loforeach she) not any person or firm who has an Interest In the calendar day on which such individual was required or permitted to contractor's firm is a person or firm Ineligible to be work In excess of the standard workweek of 40 hours without payment awarded Government contracts by virtue of Section 3(a) of of the overtime wages required by the clause set forth in sub the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be paragraph (1) of this paragraph. I Previous edltlons are obsolete form HUD-4010(0&20(19) Page 4 of 5 ref.Handbook 1344.1 PatketPg.20C ] (3) Withholding for unpaid wages and liquidated damages. HUD or Its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or 1 any other Federal contract with the same prime contract, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided In the clause set forth In subparagraph (2) of this paragraph. j (4) Subcontracts. The contractor or subcontractor shall C Insert in any subcontracts the clauses set forth in U '17, subparagraph (1) through (4) of this paragraph and also a m 'l clause requiring the subcontractors to Include these — clauses In any lower tier subcontracts. The prime 0 1 contractor shall be responsible for compliance by any J �j subcontractor or lower tier subcontractor with the clauses y set forth in subparagraphs (1) through (4) of this paragraph. N C. Health and Safety. The provisions of this paragraph C are s7 applicable where the amount of the prime contrad exceeds$100,000. rho (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are n unsanitary, hazardous, or dangerous to his health and co N safety as determined under construction safety and health standards promulgated by the Secretary of Labor by Jx regulation. a (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Par( t 1926 and failure to comply may result In Imposition of m sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91-54, 83 Slat 96). 40 USC 3701 at sea. N (3) The contractor shall include the provisions of this C paragraph In every subcontract so that such provisions will be binding on each subcontractor. The contractor shall v take such action with respect to any subcontractor as the •� Secretary of Housing and Urban Development or the n. Secretary of Labor shall direct as a means of enforcing rn such provisions. d L V N z a I i I /^ Previous editors are obsolete form HUD-0010(06/2009) Page 5 of 5 ref.Handbook 1344.1 Packet Pg. 209 t SUPPLEMENTARY CONDITIONS U.S.Department of Housing OMB Approval No.2502-0598 and Urban Development (Exp.0413012014) OF THE CONTRACT FOR Office of Housing CONSTRUCTION Public Reporting Burden for this collection of information is estimated to average 0.2 hours par response,including the time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information. Response to this request for Information is required In order to receive the benefits to be derived. This agency may not collect this information,and you are not required to complete this form unless It displays a currently valid OMB control number: While no assurance of confidentiality Is pledged to respondents,HUD generally discloses this data only in response to a Freedom of Information Act request. `o v N Article 1: Labor Standards c U A. Applicability. The Project or program to which the construction work covered by this Contract pertains is being assisted or insured by the United States of a America, and the following Federal Labor Standards Provisions are included in this Contract or related instrument pursuant to the provisions applicable to such Federal d assistance or insurance. Any statute or regulation contained herein shall also include in any subsequent amendment or successor statute or regulation. n ao B. Minimum Wages. Pursuant to Section 212 of the National Housing Act, as amended, 12 U.S.C. 1715c, the minimum wage provisions contained in this paragraph B do not apply to those projects with Security Instruments insured under Section N 221(h)(1)designed for less than 9 families and they do not apply to those projects with # Security Instruments insured under either Section 220 or 233 designed for less than 12 a families. 1.(1)All laborers and mechanics employed or working upon the site of the work t (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the Project)shall be paid unconditionally and not less d often than once a week, and without subsequent deduction or rebate on any account rn (except such payroll deductions as are permitted by regulations issued by the Secretary `o of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona .2 fide fringe benefits (or cash equivalents thereof) due at time of payment computed at w rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual y relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe E benefits under Section 1 (b)(2)of the Davis-Bacon Act (40 U.S.C. 3141(2)(B)(ii)) on behalf of laborers or mechanics are considered wages paid to such laborers or z mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions a made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each Previous editions am obsolete; Construction Contract Supp HUD-92554M(Rev.04111) Replaces form HUD-92554 PacketPg.-210;'.' 2 classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii)) and the Davis-Bacon poster(WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii) (a) Any class of laborers or mechanics that is not listed in the wage determination and that is to be employed under this Contract shall be classified in g conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits only when the following criteria have been met: i i °t 1 (1) The work to be performed by the classification requested is not performed by ` { a classification in the wage determination; and J (2) The classification is utilized in the area by the construction industry; and m 7 (3) The proposed wage rate, including any bona fide fringe benefits, bears a n reasonable relationship to the wage rates contained in the wage determination. (b) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the a Administrator of the Wage and Hour Division, U.S. Department of Labor, Washington, D.C. 20210 ("Administrator"). The Administrator, or an authorized representative, shall approve, modify, or disapprove every additional classification action within thirty Z (30) days of receipt and so advise HUD or its designee or shall notify HUD or its designee within the thirty(30) day period that additional time is necessary. (Approved to by the Office of Management and Budget under OMB control number 1215-0140.) `o_ w (c) In the event the Contractor, the laborers or mechanics to be employed in the .2 classification or their representatives and HUD or its designee do not agree on the a proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to E the Administrator for determination. The Administrator, or an authorized representative, shall issue a determination within thirty (30)days of receipt and so advise HUD or its a designee or shall notify HUD or its designee within the thirty (30) day period that ? additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) (d) The wage rate (including fringe benefits where appropriate) determined k pursuant to subparagraphs B.1.(ii)(b)or (c) of this Article, shall be paid to all workers u r Previous editions are obsolete; Construction Contract Supp HUD-92554M(Rev.04111) Replaces form HUD-92554 t 3 performing work in the classification under this Contract from the first day on which work is performed in the classification. I (iii) Whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit that is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the Contractor does not make payments to a trustee or other third person, c the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written o request of the Contractor, that the applicable standards of the Davis-Bacon Act have L) been met. The Secretary of Labor may require the Contractor to set aside in a separate `- account assets for the meeting of obligations under the plan or program. (Approved by rn the Office of Management and Budget under OMB Control Number 1215-0140.) J 2. Withholding. HUD or its designee shall upon its own action or upon written in request of an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under this Contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis- Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the Contract. In a the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing rn Act of 1937 or under the Housing Act of 1949 in the construction or development of the Project), all or part of the wages required by the Contract, HUD or its designee may, P after written notice to the Contractor, sponsor, applicant, or Owner, take such action as n may be necessary to cause the suspension of any further payment, advance, or `o_ guarantee of funds until such violations have ceased. HUD or its designee may, after .0 written notice to the Contractor, disburse such amounts withheld for and on account of the Contractor or subcontractor to the respective employees to whom they are due. a N 3. Payrolls, records, and certifications. (i) Payrolls and basic records relating thereto shall be maintained by the E Contractor during the course of the work and preserved for a period of three years 1 thereafter for all laborers and mechanics working at the site of the work(or under the x United States Housing Act of 1937, or under the Housing Act of 1949, in the a construction or development of the Project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1 (b)(2)(B) of the Davis-Bacon Act (40 U.S.C. 3141(2)(B)(ii))), daily and weekly number of hours worked, deductions made and actual wages paid. Previous editions are obsolete; Construction Contract Supp HUD-92554M(Rev.04111) Replaces form HUD-92554 Packet Pg.212 I i 4 Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1 (b)(2)(B) of the Davis- Bacon Act (40 U.S.C. 3141(2)(B)(ii)), the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration `o of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control 0 Numbers 1215-0140 and 1215-0017.) rn S (ii)(a) The Contractor shall submit weekly for each week in which any contract M work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the Contract, but if the agency is not such a party, the Contractor shall submit the payrolls to the applicant, sponsor, or Owner, as the case may be, for transmission to rn HUD or its designee. The payrolls submitted shall set out accurately and completely all M of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for a this purpose from the Wage and Hour Division Web site at z" htto://www.dol.ciov/whd/formstwh347.pdf or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall n provide them upon request to HUD or its designee if the agency is a party to 0 the Contract, but if the agency is not such a party, the Contractor will submit the payrolls to the applicant sponsor, or Owner, as the case may be, for w transmission to HUD or its designee, the Contractor, or the Wage and Hour o Division of the Department of Labor for purposes of an investigation or audit w of compliance with prevailing wage requirements. It is not a violation of this c subparagraph for a prime contractor to require a subcontractor to provide E addresses and social security numbers to the prime contractor for its own records, without weekly submission to HUD or its designee.(Approved by the a Office of Management and Budget under OMB Control Number 1215-0149.) (b) Each payroll submitted shall be accompanied by a"Statement of Compliance,"signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the Contract and shall certify the following: p Prevlous editions are obsolete; construction contract Supp HUD-92554M(Rev.04111) Replaces Form HUD-92554 Packet Pg.213 r ! 5 (1) That the payroll for the payroll period contains the information required to be provided under 29 CFR 5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR 5.5(a)(3)(i), and that such information is correct and complete. j (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the Contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; c F (3) That each laborer or mechanic has been paid not less than the o applicable wage rates and fringe benefits or cash equivalents for the a classification of work performed, as specified in the applicable wage t determination incorporated into the Contract. rn J (c) The weekly submission of a properly executed certification set forth on the d reverse side of Optional Form WH-347 shall satisfy the requirement for submission of rn the "Statement of Compliance" required by subparagraph B.3.(ii)(b)of this Article. M (d) The falsification of any of the above certifications may subject the N Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title ", t 18 and Sections 3801 et sec of Title 31 of the United States Code. j (iii) The Contractor or subcontractor shall make the records required under n subparagraph B.3.(i)of this Article available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them m available, HUD or its designee may, after written notice to the Contractor, sponsor, /n applicant, or Owner, take such action as may be necessary to cause the suspension of `o_ any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for w debarment action pursuant to 29 CFR 5.12. a N 4. Apprentices and Trainees. c (i) Apprentices. Apprentices shall be permitted to work at less than the E predetermined rate for the work they performed when they are employed pursuant to j and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of a Apprenticeship, or with a State Apprenticeship Agency recognized by such Office, or if a person is employed in his or her first ninety (90)days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship, or a State Apprenticeship Agency (where appropriate)to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in Previous editions are obsolete; Conslmcnon Contract Supp HUD-92664M(Rev.94/11) Replaces form HUD-92554 PacketPg.274 `< 6 i any craft classification shall not be greater than the ratio permitted to the Contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where the Contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates c (expressed in percentages of the journeyman's hourly rate) specified in the Contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's G level of progress, expressed as a percentage of the journeymen hourly rate specified in a the applicable wage determination. Apprentices shall be paid fringe benefits in `- accordance with the provisions of the apprenticeship program. If the apprenticeship M program does not specify fringe benefits, apprentices must be paid the full amount of J fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice rn classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship, or a State Apprenticeship Agency recognized by such Office, withdraws approval of an apprenticeship program, the Contractor shall no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees shall not be permitted d to work at less than the predetermined rate for the work performed unless they are z employed pursuant to and individually registered in a program which has received prior rn approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment rn and Training Administration. Every trainee must be paid at not less than the rate `o specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman's hourly rate specified in the applicable wage w determination. Trainees shall be paid fringe benefits in accordance with the provisions n of the trainee program. If the trainee program does not mention fringe benefits, trainees n shall be paid the full amount of fringe benefits listed on the wage determination unless d the Administrator of the Wage and Hour Division determines that there is an E apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. a Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws Previous editions are obsolete: Construction Contmet Stipp HUD-92654M(Rev.04111) Replaces form HUD-92554 Packet Pg. 215 " 7 approval of a training program, the Contractor shall no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act Requirements. The Contractor shall o comply with the requirements of 29 CFR Part 3, which are incorporated by reference in s this Contract. 0 6. Subcontracts. The Contractor or subcontractor shall insert in any rn subcontracts the clauses set forth in subparagraphs 1 through 10 of this paragraph B s and such other clauses as HUD or its designee may by appropriate instructions require, rn r and a copy of the applicable prevailing wage determination, and also a clause requiring J the subcontractors to include these clauses in any lower tier subcontracts. The prime 0 a contractor shall be responsible for the compliance by any subcontractor or lower tier U) subcontractor with all Contract clauses referenced in this subparagraph, n m 7. Contract termination and debarment. A breach of the Contract clauses in 29 CFR 5.5 may be grounds for termination of the Contract, and for debarment as a contractor or a subcontractor as provided in 29 CFR 5.12. w 8. Compliance with Davis-Bacon and Related Act Requirements. All rulings c and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, z 3, and 5 are herein incorporated by reference in this Contract. J 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this Contract shall not be subject to the general disputes clause rn of this Contract. Such disputes shall be resolved in accordance with the procedures of `o the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the u meaning of this clause include disputes between the Contractor(or any of its .2 subcontractors) and HUD or its designee, the U.S. Department of Labor, or the n employees or their representatives. n c 10. Certification of Eligibility. E (i) By entering into this Contract, the Contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the Contractor's firm is a person or a firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act (40 U.S.C. 3144(b)(2)) or 29 CFR 5.12(a)(1)or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (ii) No part of this Contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act (40 Previous editions are obsolete; construction Contract Supp HUD-92554M(Rev.04/11) Replaces fonn HUD-92554 5.F.c ', S U.S.C. 3144(b)(2))or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. 1 i (iii) The penalty for making false statements is prescribed in the U.S. Criminal j Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1010, Title 18, U.S.C., "Federal Housing Administration transactions", provides in part: "Whoever, for the purpose of . . . influencing in any way the action of such Department . . . makes, passes, 1 utters or publishes any statement, knowing the same to be false . . . shall be fined under this title or imprisoned not more than two years, or both." `o i C. Contract Work Hours and Safety Standards Act. ` 0 { 1. Applicability and Definitions. This paragraph C of Article 1 is applicable only if a direct form of federal assistance is involved, such as Section 8, Section 202/811 Capital Advance, grants etc., and is applicable only where the prime contract is rn in an amount greater than $100,000. As used in this paragraph C, the terms"laborers" J and "mechanics" include watchmen and guards. E N 2. Overtime requirements. No contractor or subcontractor contracting for any A part of the Contract work that may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty (40) hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty (40) hours in such workweek. v 3. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the immediately preceding subparagraph C.2, the Contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, the Contractor and subcontractor shall be liable to the United States (in the case of work y done under contract for the District of Columbia or a territory, to such District or to such `o_ territory)for liquidated damages. Such liquidated damages shall be computed with u respect to each individual laborer or mechanic, including watchmen and guards, w employed in violation of such subparagraph, in the sum of$10 for each calendar day on a which such individual was required or permitted to work in excess of the standard workweek of forty(40) hours without payment of the overtime wages required by the clause set forth in such subparagraph. E 4. Withholding for unpaid wages and liquidated damages. HUD or its designee shall, upon its own action or upon written request of an authorized a representative of the Department of Labor, withhold or cause to be withheld from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract, or under any other Federal contract with the same prime contractor, or under any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or Pmvlous editions am obsolete; Construction Contract Supp HUD-92554M(Rev.04/11) Replaces form HUD-92554 PacketPg.277` E 9 subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph 3 of this paragraph C. 5. Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraphs 1 through 5 of this paragraph C and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in such subparagraphs 1 through 5. c u m D. Certification. 0 U For projects with Security Instruments insured under the National Housing Act, as amended, that are subject to paragraph B of this Article 1, the Contractor is required p to execute the Contractor's Prevailing Wage Certificate within HUD-92448 as a w condition precedent to insurance by HUD of the Loan, or an advance thereof, made or J to be made by the Lender in connection with the construction of the Project. d y Article 2: Equal Employment Opportunity A. Applicability. This Article 2 applies to any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee. rn B. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, disability, or national origin. The d Contractor shall take affirmative action to ensure that applicants are employed, and that n employees are treated during employment without regard to their race, color, religion, `o sex, disability or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and o selection for training including apprenticeship. The Contractor agrees to post in fn conspicuous places available to employees and applicants for employment notices to m be provided setting forth the provisions of this nondiscrimination clause. E C. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor state that all qualified applicants shall receive a consideration for employment without regard to race, color, religion, sex, disability, or national origin. D. The Contractor shall send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding a notice to be provided advising the said labor union or workers representatives of the Contractor's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. Previous editions are obsolete; Construction Contract Supp HUD-92554M(Rev.04111) Replaces form HUD-92554 PacketPg•A10 10 E. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965 and of the rules, regulations, and relevant orders of the Secretary of Labor. F. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and shall permit access to its books, records, and accounts by the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. G. In the event of the Contractor's noncompliance with the nondiscrimination c clauses of this Contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and Contractor j may be declared ineligible for further government contracts or federally assisted v° construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies s invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations or order of the Secretary of Labor, or as otherwise provided by law. H. The Contractor shall include the provisions of paragraphs A through H of this d Article 2 in every subcontract or purchase order unless exempted by rules, regulations, �? or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order V 11246 of September 24, 1965, so that such provisions shall be binding upon each subcontractor or vendor. The Contractor shall take such action with respect to any ) subcontract or purchase order as HUD or the Secretay of Labor may direct as a means aNO 1 of enforcing such provisions, including sanctions for noncompliance. Provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by HUD or the Secretary of d Labor, the Contractor may request the United States to enter into such litigation to s protect the interests of the United States. rn J Article 3: Equal Opportunity for Businesses and Lower Income Persons ? { Located Within the Project Area N o A. This Article 3 is applicable to projects covered by Section 3, as defined in .1 24 CFR Part 135. B. The work to be performed under this Contract is on a project assisted under a o program providing direct Federal financial assistance from HUD and is subject to the w requirements of Section 3 of the Housing and Urban Development Act of 1968, as d amended, 12 U.S.C. 1701 u. Section 3 requires that to the greatest extent feasible z opportunities for training and employment be given to lower income residents of the unit of local government or the metropolitan area (or non-metropolitan county) as a determined by HUD in which the Project is located and contracts for work in connection with the Project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the same metropolitan area (or non-metropolitan county)as the Project. Article 4: Health and Safety I Pravlous edi ions are obsolete; Conslmction Contract Supp HUD-92554M(Rev.04111) Replaces form HUD-92554 Packet Pg. 279 A. This Article 4 is applicable only where the prime contract is in an amount greater than $100,000. B. No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his or her health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. C. The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to 29 CFR Part 1926, and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, 40 USC 3701 g et se g. D. The Contractor shall include the provisions of this Article 4 in every subcontract so that such provisions shall be binding on each subcontractor. The r°0 Contractor shall take such action with respect to any subcontract as HUD rn or the Secretary of Labor shall direct as a means of enforcing such provisions. r J J d N M N 111 M N m N i! Q (Y !Y . j m 91i J N G O U U d d N C d L V a a Previous edltions are obsolete; Construction Contract Supp HUD-92554M(Rev.04111) tl Replaces firm HUD-92554 Packet Pg.220 I C FEDERAL MINIMUM WAGES i (Applicable 10 Business Days prior to the Date of Bid Opening ? To be inserted into Contract before Award and Execution of the Contract) e FOR STATE OF CALIFORNIA v COUNTY OF SAN BERNARDINO t J d d N M r m M N N N O. L m J d � d f0 C O U d a y c E E L U N a Page 1 of® General Decision Number: CA120037 01/06/2012 CA37 ® Superseded General Decision Number: CA20100037 State: California Construction Types: Building, Heavy (Heavy and Dredging) and Highway County: San Bernardino County in California. BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not c include hopper dredge work) ; HEAVY CONSTRUCTION PROJECTS (does ` not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS c 0 U Modification Number Publication Date O1 0 01/06/2012 L _rn ASBE0005-002 06/28/2010 J d ry Rates Fringes ` N Asbestos Workers/Insulator ro r (Includes the application of all insulating materials, protective coverings, coatings, and finishes to all w w types of mechanical systems) . . . . .$ 32.79 16.31 u Fire Stop Technician (Application of Firestopping m Materials for wall openings � and penetrations in walls, i a floors, ceilings and curtain J walls) . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 24.21 13.76 ASBE0005-004 06/28/2010 N C 0 Rates Fringes u 4 Asbestos Removal m worker/hazardous material o. N handler (Includes preparation, wetting, m stripping, removal, E scrapping, vacuuming, bagging u and disposing of all insulation materials from Q mechanical systems, whether they contain asbestos or not) . . . .$ 18.70 8.65 _______-____ ____________________________ BOIL0092-003 05/01/2011 Rates Fringes BOILERMA KER. . . . . . . . . . . . . . . . . . . . . .$ 41.26 25.27 * BRCA0004-011 05/01/2011 http://www.wdol.gov/wdol/scafiles/davisbacon/CA37.dvb Packet Pg. zzz Page 2 of Rates Fringes BRICKLAYER; MARBLE SETTER. . . . . . . .$ 35.66 10.87 *The wage scale for prevailing wage projects performed in Blythe, China lake, Death Valley, Fort Irwin, Twenty-Nine Palms, Needles and 1-15 corridor (Barstow to the Nevada State Line) will be Three Dollars ($3.00) above the standard San Bernardino/Riverside County hourly wage rate - - ----------------------------------------- * BRCA0018-004 06/01/2011 Rates Fringes MARBLE FINISHER. . . . . . . . . . . . . . . . . .$ 28.02 12.22 TILE FINISHER. . . . . . . . . . . . . . . . . . . .$ 27.80 12.54 c TILE LAYER. . . . . . . . . . . . . . . . . . . . . . .$ 38.61 13.83 U _ ______________________________________________________________ c BRCA0018-010 09/01/2009 '- Rates Fringes TERRAZZO FINISHER. . . . . . . . . . . . . . . .$ 26.59 9.62 N TERRAZZO WORKER/SETTER. . . . . . . . . . .$ 33.63 10.46 .. , ______________________________________ --_---___ w * CARP0409-001 07/01/2010 Rates Fringes N CARPENTER U (1) Carpenter, Cabinet •� Installer, Insulation a d Installer, Hardwood Floor � Worker and acoustical t m installer, and solar panels.$ 37.35 11.08 (2) Millwright. . . . . . . . . . . . . .$ 37.85 11.08 (3) Piledriver/Derrick Bargeman, Bridge or Dock - N c Carpenter, Heavy Framer, o Rock Bargeman or Scowman, Rockslinger, Shingler .(Commercial) . . . . . . . . . . . . . . . .$ 37.48 10.58 y (3) Piledrivermen/Derrick �• N Bargeman, Bridge or Dock Carpenter, Heavy Framer, - y Rock Bargeman or Scowman, E Rockslinger, Shingler U (Commercial) . . . . . . . . . . . . . . . .$ 37.48 11.08 z (4) Pneumatic Nailer, a Power Stapler. . . . . . . . . . . . . . .$ 37.60 11.08 (5) Sawfiler. . . . . . . . . . . . . . .$ 37.44 11.08 (6) Scaffold Builder. . . . . . .$ 28.55 11.08 (7) Table Power Saw Operator. . . . . . . . . . . . . . . . . . . .$ 37.45 11.08 FOOTNOTE: Work of forming in the construction of open cut sewers or storm drains, on operations in which horizontal lagging is used in conjunction with steel H-Beams driven or C placed in pre- drilled holes, for that portion of a lagged trench against which concrete is poured, namely, as a httpJ/www.wdol.goy/wdol/scafiles/davisbacon/CA37.dvb Page 3 0 substitute for back forms (which work is performed by © piledrivers) : $0.13 per hour additional. Certified Welder - per hour premium. _---_----_-------- _____________________________________ CARP0409-002 07/01/2008 Rates Fringes Diver (1) Wet. . . . . . . . . . . . . . . . . . . . .$ 663.68 9.82 t (2) Standby. . . . . . . . . . . . . . . . .$ 331.89 - 9.82 (3) Tender. . . . . . . . . . . . . . . . . .$ 323.89 9.82 (9) Assistant Tender. . . . . . . .$ 299.89 9.82 c v Amounts in "Rates' column are per day P _____________________________________________________ ______--_ c CARP0409-005 07/01/2010 U m c Rates Fringes t rn Drywall DRYWALL INSTALLER/LATHER. . . .$ 37.35 11.08 m -----STOCKER/SCRAPPER. . . . . . . . . . . .$ 10.00 - 6.67 .`- _--__-_-_ -_-____ N 1 CARP0409-008 08/01/2010 r m Rates Fringes N Modular Furniture Installer. . . . . .$ 17.00 7.91 N ___________ ------------------- * ELEC0011-002 07/25/2011 •� a d CONII9UNICATIONS AND SYSTEMS WORK � r P Rates Fringes J d d Communications System b N ' Installer. . . . . . . . . . . . . . . . . . .$ 27.25 11.35 Technician. . . . . . . . . . . . . . . . . .$ 29.05 10.53+34 0 m SCOPE OF WORK: w Installation, testing, service and maintenance of systems m utilizing the transmission and/or transference of voice, N sound, vision and digital for commercial, educational, security and entertainment purposes for the following: TV monitoring and surveillance, background-foreground music, E intercom and telephone interconnect, inventory control systems, microwave transmission, multi-media, multiplex, Q nurse call systems, radio page, school intercom and sound, burglar alarms, fire alarm (see last paragraph below) and low voltage master clock systems in commercial buildings. Communication Systems that transmit or receive information and/or control systems that are intrinsic to the above listed systems; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding all other data systems or multiple systems which include control function or power supply; excluding © installation of raceway systems, conduit systems, line voltage work, and energy management systems. Does not cover work performed at China Lake Naval Ordnance Test http://www.wdol.gov/wdol/scafiles/davisbacon/CA37.dvb pop= Page 4 of Station. Fire alarm work shall be performed at the current inside wireman total cost package. �) ----------------------------------------------------- �✓• * ELEC0477-002 09/05/2011 Rates Fringes Electricians: . . . . . . . . . . . . . . . . . . . .$ 35.35 38+16.65 I CABLE SPLICER: $1.00 per hour above Electrician rate. TUNNEL WORK: 106 above Electrician rate. ZONE PAY: G Zone A - 80 road miles from Post Office, 455 Orange Show Lane, San Bernardino, will be a free zone for all contractors Zone B - Any work performed outside Zone A's 80 road miles, U shall add $11.00 per hour to the current wage scale. M S ------------------------------------------------ ------- L ELEC1245-001 06/01/2011 W J Rates Fringes y LINE CONSTRUCTION N (1) Lineman; Cable splicer. .$ 47.87 13.87 M r (2) Equipment specialist (operates crawler tractors, commercial motor w vehicles, backhoes, - w trenchers, cranes (50 tons it and below), overhead s underground distribution m line equipment) . . . . . . . . . . .$ 38.23 12.80 � (3) Groundman. . . . . . . . . . . . . . .$ 29.25 12.53 - t a (9) Powderman. . . . . . . . . . . . . . .$ 92.75 12.97 d w HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day y c and day after Thanksgiving, Christmas Day o ----------------------------------------- ------------ 0 ELEV0018-001 01/01/2011 - m Rates Fringes c N ELEVATOR MECHANIC. . . . . . . . . . . . . . . .$ 46.58 21.785 y E i FOOTNOTE: u PAID VACATION: Employer contributes 86 of regular hourly 10. rate as vacation pay credit for employees with more than 5 Q years of service, and 66 for 6 months to 5 years of service. PAID HOLIDAYS: New Years Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day. ---------------------------------------- ------ ENGI0012-003 07/01/2011 Rates Fringes © OPERATOR: Power Equipment (All Other Work) http://www.wdol.gov/wdol/scafiles/davisbacon/CA37.dvb Page 5 0 GROUP 1. . . . . . . . . . . . . . . . . . . .$ 36.13 20.77 © GROUP 2. . . . . . . . . . . . . . . . . . . .$ 36.91 20.77 GROUP 3. . . . . . . . . . . . . . . . . . . .$ 37.20 20.77 GROUP 4. . . . . . . . . . . . . . . . . . . .$ 38.69 20.77 GROUP 5. . . . . . . . . . . . . . . . . . . .$ 40.49 20.77 GROUP 6. . . . . . . . . . . . . . . . . . . .$ 38.91 20.77 GROUP 8. . . . . . . . . . . . . . . . . . . .$ 39.02 20.77 GROUP 9. . . . . . . . . . . . . . . . . . . .$ 40.82 20.77 GROUP 10. . . . . . . . . . . . . . . . . . . .$ 39.14 20.77 GROUP 11. . . . . . . . . . . . . .. . . . . .$ 40.94 20.77 GROUP 12. . . . . . . . . . . . . . . . . . . .$ 39.31 20.77 GROUP 13. . . . . . . . . . . . . . . . . . . .$ 39.41 20.77 GROUP 14. . . . . . . . . . . . . . . . . . . .$ 39.44 20.77 GROUP 15. . . . . . . . . . . . . . . . . . . .$ 39.52 20.77 'o' U GROUP 16. . . . . . . . . . . . . . . . . . . .$ 39.64 20.77 GROUP 17. . . . . . . . . . . . . . . . . . . .$ 39.81 20.77 GROUP 18. . . . . . . . . . . . . . . . . . . .$ 39.91 20.77 U GROUP 19. . . . . . . . . . . . . . . . . . . .$ 40.02 20.77 0 GROUP 20. . . . . . . . . . . . . . . . . . . .$ 40.14 20.77 w J GROUP 21. . . . . . . . . . . . . . . . . . . .$ 40.31 20.77 Lrn GROUP 22. . . . . . . . . . . . . . . . . . . .$ 40.41 20.77 -� GROUP 23. . . . . . . . . . . . . . . . . . . .$ 40.52 20.77 y GROUP 24. . . . . . . . . . . . . . . . . . . .$ 40.64 20.77 N GROUP 25. . . . . . . . . . . . . . . . . . . .$ 40.81 20.77 OPERATOR: Power Equipment n (Cranes, Piledriving & Hoisting) GROUP 1. . . . . . . . . . . . . . . . . . . .$ 37.98 20.77 In j GROUP 2. . . . . . . . . . . . . . . ... . . .5 38.26 20.77 N ' © GROUP 3. . . . . . . . . . . . . . . . . . . .$ 38.55 20.77 u GROUP 4. . . . . . . . . . . . . . . . . . . .$ 38.69 20.77 M GROUP 5. . . . . . . . . . . . . . . . . . . .$ 38.91 20.77 0. d GROUP 6. . . . . . . . . . . . . . . . . . . .$ 39.02 20.77 � GROUP 7. . . . . . . . . . . . . . . . . . . .$ 39.14 20.77 L rn GROUP 8. . . . . . . . . . . . . . . . . . . .$ 39.31 20.77 GROUP 9. . . . . . . . . . . . . . . . . . . .$ 39.48 20.77 GROUP 10. . . . . . . . . . . . . . . . . . . .$ 40.48 20.77 b GROUP 11. . . . . . . . . . . . . . . . . . . .$ 41.48 20.77 N GROUP 12. . . . . . . . . . . . . . . . . . . .$ 92.98 20.77 c ' GROUP 13. . . . . . . . . . . . . . . . . . . .$ 43.48 20.77 OPERATOR: Power Equipment (Tunnel Work) .0 m GROUP 1. . . . . . . . . . . . . . . . . . . .$ 37.98 20.77 °- N GROUP 2. . . . . . . . . . . . . . . . . . . .$ 38.76 20.77 c GROUP 3. . . . . . . . . . . . . . . . . . . .$39.05 20.77 y GROUP 4. . . . . . . . . . . . . . . . . . . .$ 39.19 20.77 E GROUP 5. . . . . . . . . . . . . . . . . . . .$ 39.41 20.77 o i GROUP 6. . . . . . . . . . . . . . . . . . . .$ 39.52 20.77 ?m. GROUP 7. . . . . . . . . . . . . . . . . . . .$ 39:64 20.77 Q PREMIUM PAY: $3.75 per hour shall be paid on all Power Equipment Operator work on the followng Military Bases: China Lake Naval Reserve, Vandenberg APB, Point Arguello, Seely Naval Base, Fort Irwin, Nebo Annex Marine Base, Marine Corp Logistics Base Yermo, Edwards AFB, 29 Palms Marine Base and Camp Pendleton Workers required to suit up and work in a hazardous material environment: $2.00 per hour additional. Combination mixer http://www.wdol.gov/wdol/scafiles/davisbacon/CA37.dvb Packet Pg.22fi" Page 6 o and compressor operator on gunite work shall be classified as a concrete mobile mixer operator. SEE ZONE DEFINITIONS AFTER CLASSIFICATIONS POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch Witch, with seat or similar type equipment; Elevator operator-inside; Engineer Oiler; Forklift operator (includes loed, lull or similar types under 5 tons; Generator operator; Generator, pump or compressor plant operator; Pump operator; Signalman; Switchman c U GROUP 2: Asphalt-rubber plant operator (nurse tank operator) ; E Concrete mixer operator-skip type; Conveyor operator; - o Fireman; Forklift operator (includes load, lull or similar U types over 5 tons; Hydrostatic pump operator; oiler crusher a �� (asphalt or concrete plant) ; Petromat laydown machine; PJU c side dum jack; Screening and conveyor machine operator (or a similar types); Skiploader (wheel type up to 3/4 yd. :3 without attachment) ; Tar pot fireman; Temporary heating m d plant operator; Trenching machine oiler � N GROUP 3: Asphalt-rubber blend operator; Bobcat or similar type (Skid steer) ; Equipment greaser (rack) ; Ford Ferguson (with dragtype attachments) ; Helicopter radioman (ground) ; Stationary pipe wrapping and cleaning machine operator uMi ao N O GROUP 4: Asphalt plant fireman; Backhoe operator (mini-max or 7i similar type) ; Boring machine operator; Borman or mixerman (asphalt or concrete) ; Chip spreading machine operator; a m ' Concrete cleaning decontamination machine operator; � Concrete Pump Operator (small portable) ; Drilling machine t operator, small auger types (Texoma super economatic or J 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 u! c signalman; Horizontal Directional Drilling Machine; o Hydra-hammer-aero stomper; Micro Tunneling (above ground tunnel) ; Power concrete curing machine operator; Power concrete saw operator; Power-driven jumbo form setter o m operator; Power sweeper operator; Rock Wheel Saw/Trencher; o. N Roller operator (compacting) ; Screed operator (asphalt or I concrete) ; Trenching machine operator (up to 6 ft.); Vacuum m or much truck - E U GROUP 5: Equipment Greaser (Grease Truck/Multi Shift) . Q GROUP 6: Articulating material hauler; Asphalt plant engineer; Batch plant operator; Bit sharpener; Concrete joint machine operator (canal and similar type); Concrete planer operator; Dandy digger; Deck engine operator; Derrickman (oilfield type); Drilling machine operator, bucket or auger types (Calweld 100 bucket or similar types - Watson 1000 auger or similar types - Texoma 330, 500 or 600 auger or similar types - drilling depth of 45' maximum) ; Drilling machine operator; Hydrographic seeder machine operator (straw, pulp or seed) , Jackson track maintainer, or similar type; Kalamazoo Switch tamper, or http://www.wdol.gov/wdol/scafiles/davisbacon/CA37.dvb i Page 7 of similar type; Machine tool operator; Maginnis internal full © slab vibrator, Mechanical berm, curb or gutter(concrete or asphalt) ; Mechanical finisher operator (concrete, Clary-Johnson-Bidwell or similar) ; Micro tunnel system (below ground) ; Pavement breaker operator (truck mounted) ; Road oil mixing machine operator; Roller operator (asphalt or finish) , rubber-tired earth moving equipment (single engine, up to and including 25 yds. struck); Self-propelled tar pipelining machine operator; Skiploader operator (crawler and wheel type, over 314 yd. and up to and including 1-1/2 yds. ) ; Slip form pump operator (power driven hydraulic lifting device for concrete forms) ; Tractor operator-bulldozer, tamper-scraper (single engine, o up to 100 h.p. flywheel and similar types, up to and including D-5 and similar types) ; Tugger, hoist operator (1 drum) ; Ultra high pressure waterjet cutting tool system o operator; Vacuum blasting machine operator U rn GROUP 8: Asphalt or concrete spreading operator (tamping or c finishing) ; Asphalt paving machine operator (Barber Greene m or similar type) ; Asphalt-rubber distribution operator; Backhoe operator (up to and including 3/4 yd. ) , small ford, d d Case or similar; Cast-in-place pipe laying machine ` operator; Combination mixer and compressor operator (gunite yr work) ; Compactor operator (self-propelled); Concrete mixer r operator (paving) ; Crushing plant operator; Drill Doctor; 'c Drilling machine operator, Bucket or auger types (Calweld " 150 bucket or similar types - Watson 1500, 2000 2500 auger uMi or similar types - Texoma 700, 800 auger or similar types drilling depth of 60' maximum) ; Elevating grader operator; ik Grade checker; Gradall operator; Grouting machine operator; ` Heavy-duty repairman; Heavy equipment robotics operator; y Kalamazoo balliste regulator or similar type; Kolman belt loader and similar type; Le Tourneau blob compactor or = rn similar type; Loader operator (Athey, Euclid, Sierra and similar types) ; Mobark Chipper or similar; Ozzie padder or similar types; P.C. slot saw; Pneumatic concrete placing machine operator (Hackley-Presswell or similar type) ; N Pumperete gun operator; Rock Drill or similar types; Rotary o drill operator (excluding caisson type); Rubber-tired earth-moving equipment operator (single engine, - caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. up to and including 50 cu. N yds. struck) ; Rubber-tired earth-moving equipment operator (multiple engine up to and including 25 yds. struck) ; y ' Rubber-tired. scraper operator (self-loading paddle wheel E type-John Deere, 1040 and similar single unit) ; Self- o propelled curb and gutter machine operator; Shuttle buggy; Skiploader operator (crawler and wheel type over 1-1/2 yds. up to and including 6-1/2 yds. ); Soil remediation plant operator; Surface heaters and planer operator; Tractor compressor drill combination operator; Tractor operator (any type larger than D-5 - 100 flywheel h.p. and over, or similar-bulldozer, tamper, scraper and push tractor single engine) ; Tractor operator (boom attachments) , Traveling pipe wrapping, cleaning and bendng machine operator; Trenching machine operator (over 6 ft. depth capacity, © manufacturer's rating) ; trenching Machine with Road Miner attachment (over 6 ft depth capacity) : Ultra high pressure waterjet cutting tool system mechanic; Water pull http://www.wdol.gov/wdollseafi les/davisbacon/CA37.dvb Page 8 of (compaction) operator GROUP 9: Heavy Duty Repairman GROUP 10: Drilling machine operator, Bucket or auger types (Calweld 200 B bucket or similar types-Watson 3000 or 5000 auger or similar types-Texoma 900 auger or similar types-drilling depth of 105' maximum); Dual drum mixer, ' dynamic compactor LDC350 (or similar types) ; Monorail locomotive operator (diesel, gas or electric); Motor patrol-blade operator (single engine) ; Multiple engine tractor operator (Euclid and similar type-except Quad 9 cat.) ; Rubber-tired earth-moving equipment operator (single engine, over 50 yds. struck) ; Pneumatic pipe ramming tool and similar types; Prestressed wrapping machine operator; Rubber-tired earth-moving equipment operator (single o engine, over 50 yds. struck) ; Rubber tired earth moving U equipment operator (multiple engine, Euclid, caterpillar c and similar over 25 yds. and up to 50 yds. struck) , Tower crane repairman; Tractor loader operator (crawler and wheel rn type over 6-1/2 yds. ); Woods mixer operator (and similar Pugmill equipment) GROUP 11: Heavy Duty Repairman - Welder Combination, Welder - V1 Certified. n GROUP 12: Auto grader operator; Automatic slip form operator; Drilling machine operator, bucket or auger types (Calweld, N auger 200 CA or similar types - Watson, auger 6000 or N similar types - Hughes Super Duty, auger 200 or similar # (v; types - drilling depth of 175' maximum) ; Hoe ram or similar with compressor; Mass excavator operator less tha 750 cu. yards; Mechanical finishing machine operator; Mobile form traveler operator; Motor patrol operator (multi-engine) ; Pipe mobile machine operator; Rubber-tired earth- moving. equipment operator (multiple engine, Euclid, Caterpillar m and similar type, over 50 cu. yds. struck) ; Rubber-tired self- loading scraper operator (paddle-wheel-auger type N self-loading - two (2) or more units) o m GROUP 13: Rubber-tired earth-moving equipment operator (,V-_ operating equipment with push-pull system (single engine, U v up to and including 25 yds. struck) n. N GROUP 19: Canal liner operator; Canal trimmer operator; d Remote- control earth-mooing equipment operator (operating E a second piece of equipment: $1.00 per hour additional) ; Wheel excavator operator (over 750 cu. yds. ) m Q GROUP 15: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck) ; Rubber-tired earth-moving equipment operator, e operating equipment with push-pull system (multiple engine-up to and including 25 yds. struck) i GROUP 16: Rubber-tired earth-moving equipment operator, [V; operating equipment with push-pull system (single engine, over 50 yds. struck) ; Rubber-tired earth-moving equipment http://www.wdol.gov/wdol/scafiles/davisbacon/CA37.dvb Page 9 of operator, operating equipment with push-pull system © (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 17: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 50 cu. yds. struck); ) Tandem tractor operator (operating crawler type tractors in tandem - Quad 9 and similar type) GROUP 18: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, up to and including 25 yds. struck) GROUP 19: Rotex concrete belt operator (or similar types); c Rubber-tired earth-moving equipment operator, operating in 0 tandem (scrapers, belly dumps and similar types in any c combination, excluding compaction units - single engine, Caterpillar, Euclid, Athey Wagon and similar types with any rn and all attachments over 25 yds.and up to and including 50 cu. yds. struck) ; Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction N units - multiple engine, up to and including 25 yds. struck) n ' m GROUP 20: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar Ao types in any combination, .excluding compaction units - N single engine, over 50 yds. struck) ; Rubber-tired as earth-moving equipment operator, operating in tandem m ��••++" (scrapers, belly dumps, and similar types in any a combination, excluding compaction units - multiple engine, K Euclid, Caterpillar and similar, over 25 yds. and up to 50 L a yds. struck) y GROUP 21: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar v! types in any combination, excluding compaction units - o multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) w d GROUP 22: Rubber-tired earth-moving equipment operator, a operating equipment with the tandem push-pull system W (single engine, up to and including 25 yds. struck) - y E GROUP 23: Rubber-tired earth-moving equipment operator, m operating equipment with the tandem push-pull system x (single engine, Caterpillar, Euclid, Athey Wagon and Q similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck) ; Rubber-tired earth-moving equipment operator, operating with the tandem push-pull system (multiple engine, up to and including 25 yds.. struck) GROUP 24: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system Q (single engine, over 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, http://www.wdol.gov/wdol/scafiles tdavisbacon/CA37.dvb Page 10 of Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 25: Concrete pump operator-truck mounted; Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS GROUP 1: Engineer oiler; Fork lift operator (includes loed, lull or similar types) GROUP 2: Truck crane oiler u GROUP 3: A-frame or winch truck operator; Ross carrier _ c operator (jobsite) L) m c GROUP 4: Bridge-type unloader and turntable operator; L Helicopter hoist operator w J GROUP 5: Hydraulic boom truck; Stinger crane (Austin-Western d or similar type) ; Tugger hoist operator (1 drum) ` y GROUP 6: Bridge crane operator; Cretor crane operator; Hoist n operator (Chicago boom and similar type) ; Lift mobile operator; Lift slab machine operator (Vagtborg and similar types) ; Material hoist and/or manlift operator; Polar N gantry crane operator; Self Climbing scaffold (or similar r © type) ; Shovel, backhoe, dragline, clamshell operator (over at 3/9 yd. and up to 5 cu. yds. mrc) ; Tugger hoist operator ` a d GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, D! clamshell operator (over 5 cu. yds. mrc) ; Tower crane t rn repair; Tugger hoist operator (3 drum) d GROUP B: Crane operator (up to and including 25 ton capacity); Crawler transporter operator; Derrick barge y operator (up to and including 25 ton capacity) ; Hoist - o i operator, stiff .legs, Guy derrick or similar type (up to and including 25 ton capacity); Shovel, backhoe, dragline, w clamshell operator (over 7 cu. yds., M.R.C. ) y a GROUP 9: Crane operator (over 25 tons and up to and including w 50 tons mrc); Derrick barge operator (over 25 tons up to d and including 50 tons mrc) ; Highline cableway operator; E Hoist operator, stiff legs, Guy derrick or similar type u (over 25 tons up to and including 50 tons mrc); K-crane x operator; Polar crane operator; Self erecting tower crane Q operator maximum lifting capacity ten,tons i GROUP 10: Crane operator (over 50 tons and up to and including 100 tons mrc) ; Derrick barge operator (over 50 tons up to and including 100 tons mrc) ; Hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to and including 100 tons mrc), Mobile tower crane operator (over 50 tons, up to and including 100 tons M.R.C.) ; Tower Ocrane operator and tower gantry GROUP 11: Crane operator (over 100 tons and up to and http://www.wdol.goy/wdol/scales/davisbacon/CA37.dvb packet Pg.231 f ; , Page 11 of including 200 tons mrc) ; Derrick barge operator (over 100 © tons up to and including 200 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 100 tons up to and including 200 tons mrc) ; Mobile tower crane operator (over 100 tons up to and including 200 tons mrc) GROUP 12: Crane operator (over 200 tons up to and including 300 tons mrc); Derrick barge operator (over 200 tons up to and including 300 tons mrc) ; Hoist operator, stiff legs, Guy derrick or similar type (over 200 tons, up to and including 300 tons mrc) ; Mobile tower crane operator (over 200 tons, up to and including 300 tons mrc) GROUP 13: Crane operator (over 300 tons); Derrick barge V operator (over 300 tons) : Helicopter pilot; Hoist operator, n stiff legs, Guy derrick or similar type (over 300 tons) ; Mobile tower crane operator (over 300 tons) 0 w TUNNEL CLASSIFICATIONS c t ) o! GROUP 1: Skiploader (wheel type up to 3/4 yd. without attachment) d GROUP 2: Power-driven jumbo form setter operator ur n GROUP 3: Dinkey locomotive or motorperson (up to and including 10 tons) n N GROUP 4.: Bit sharpener; Equipment greaser (grease truck) ; N © Slip form pump operator (power-driven hydraulic lifting # device for concrete forms) ; Tugger hoist operator (1 drum); `- Tunnel locomotive operator (over 10 and up to and including 30 tons) K L O GROUP 5: Backhoe operator (up to and including 3/9 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) ; y Mucking machine operator (1/4 yd., rubber-tired, rail or o track type) ; Pneumatic concrete placing machine operator (Hackley-Presswell or similar type); Pneumatic heading .2 shield (tunnel) ; Pumperete gun operator; Tractor compressor y drill combination operator; Tugger hoist operator (2 drum) ; c N Tunnel locomotive operator (over 30 tons) c a GROUP 6: Heavy Duty Repairman E t u GROUP 7: Tunnel mole boring machine operator x a ENGINEERS ZONES $1.00 additional per hour for all of IMPERIAL County and the portions of KERN, RIVERSIDE & SAN BERNARDINO Counties as defined below: i That area within the following Boundary: Begin in San Bernardino County, approximately 3 miles NE of the intersection © of I-15 and the California State line at that point which is the NW corner of Section 1, T17N,m R14E, San Bernardino Meridian. Continue W in a straight line to that point which is http://www.wdol.gov/wdol/scafles/davisbacon/CA37.dvb Page 12 of® the SW corner of the northwest quarter of Section 6, T27S, © R42E, Mt, Diablo Meridian. Continue North to the intersection with the Inyo County Boundary at that point which is the NE corner of the western half of the northern quarter of Section 6, T25S, R42E, MUM. Continue W along the Inyo and San Bernardino County boundary until the intersection with Kern County, as that point which is the SE corner of Section 34, T24S, R40E, MUM. Continue W along the Inyo and Kern County boundary until the intersection with Tulare County, at that point which is the SW corner of the SE quarter of Section 32, T24S, R37E, MUM. Continue W along the Kern and Tulare County boundary, until that point which is the NW corner of T25S, R32E, MDM. Continue S following R32E lines to the NW corner of T31S, R32E, MDM. Continue W to the NW corner of T31S, R31E, MDM. Continue S to the SW corner of T32S, R31E, MDM. Continue W to SW corner of SE quarter of Section 34, T32S, R30E, MDM. Continue S to SW corner of T11N, R17W, SBM. Continue E along c 0 I] south boundary of T11N, SBM to SW corner of T11N, R7W, SBM. Im Continue S to SW corner of T9N, R7W, SBM. Continue E along N south boundary of T9N, SBM to SW corner of T9N, R1E, SBM. Continue S along west boundary of R1E, SMB to Riverside County line at the SW corner of T1S, R1E, SBM. Continue E along south boundary of Tls, SBM (Riverside County Line) to SW corner of T1S, RIDE, SBM. Continue S along west boundary of R10E, SBM to N Imperial County line at the SW corner of TBS, R10E, SBM. Continue W along Imperial and Riverside county line to NW corner of T9S, R9E, SBM. Continue S along the boundary between Imperial and San Diego Counties, along the west edge of R9E, p SBM to the south boundary of Imperial County/California state N © line. Follow the California state line west to Arizona state line, then north to Nevada state line, then continuing NW back to start at the point which is the NW corner of Section 1, T17N, R14E, SBM - C t $1.00 additional per hour for portions of SAN LUIS OBISPO, H KERN, SANTA BARBARA 6 VENTURA as defined below: m That area within the following Boundary: Begin approximately 5 N miles north of the community of Cholame, on the Monterey County o and San Luis Obispo County boundary at the NW corner of T25S, R16E, Mt. Diablo Meridian. Continue south along the west side w of R16E to the SW corner of T30S, R16E, MDM. Continue E to SWy corner of T30S, R17E, MDM. Continue S to SW corner of T31S, a R17E, MDM. Continue E to SW corner of T31S, R18E, MDM. N Continue S along West side of R18E, MDM as it crosses into San C m Bernardino Meridian numbering area and becomes R30W. Follow E the west side of R30W, SBM to the SW corner of T9N, R30W, SBM. Continue E along the south edge of T9N, SBM to the Santa Barbara County and Ventura County boundary at that point whch R is the SW corner of Section 34.T9N, R24W, SBM, continue S along the Ventura County line to that point which is the SW corner of the SE quarter of Section 32, T7N, R24W, SBM. Continue E along the south edge of T7N, SBM to the BE corner to T7N, R21W, SBM. Continue N along East side of R21W, SBM to Ventura County and Kern County boundary at the NE corner of TBN, R21W. Continue W along the Ventura County and Kern County boundary to the SE corner of T9N, R21W. Continue North along the East edge © of R21W. SBM to the NE corner of T12N, R21W, SBM. Continue West along the north edge of T12N, SBM to the SE corner of T32S, R21E, MDM. IT12N SBM is a think strip between T11N SBM http://www.wdol.gov/wdol/scafiles/davisbacon/CA37.dvb packet Pg. 233 Page 13 of and T32S MDM] . Continue North along the East side of R21E, MDM © to the Kings County and Kern County border at the NE corner of T25S, R21E, MDM, continue West along the Kings County and Kern County Boundary until the intersection of San Luis Obispo County. Continue west along the Kings County and San Luis Obispo County boundary until the intersection with Monterey County. Continue West along the Monterey County and San Luis Obispo County boundary to the beginning point at the NW corner of T25S, R16E, MOM. $2.00 additional per hour for INYO and MONO Counties and the 3 Northern portion of SAN BERNARDINO County as defined below: a `0 That area within the following Boundary: Begin at the intersection of the northern boundary of Mono County and the California state line at the point which is the center of O 0 Section 17, T10N, R22E, Mt. Diablo Meridian. Continue S then BE along the entire western boundary of Mono County, until it •- reaches Inyo County at the point which is the NE corner of the Western half of the NW quarter of Section 2, TSS, R29E, MDM. J Continue SSE along the entire western boundary of Inyo County, d until the intersection with Kern County at the point which is ` the SW corner of the SE 1/4 of Section 32, T24S, R37E, MDM. V1 Continue E along the Inyo and Kern County boundary until the intersection with San Bernardino County at that point which is the SE corner of section 34, T24S, R40E, MDM. Continue E along the Inyo and San Bernardino County boundary until the point uMi IE which is the NE corner of the Western half of the NW quarter of _ N o Section 6, T25S, R42E, MOM. Continue S to that point which is ix the SW corner of the NW quarter of Section 6, T27S, R42E, MDM. ` Continue E in a straight line to the California and Nevada state border at the point which is the NW corner of Section 1, T17N, R14E, San Bernardino Meridian. Then continue NW along L the state line to the starting point, which is the center of LM Section 18, T10N, R22E, MDM. REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE N c 0 --------------------------------------------------------------- m ENGIO012-004 08/01/2009 w d Rates Fringes o. N OPERATOR: Power Equipment a N (DREDGING) E (1) Leverman. . . . . . . . . . . . . . . .$ 44.83 17.22 u (2) Dredge dozer. . . . . . . . . . . .$ 40.36 17.22 R (3) Deckmate. . . . . . . . . . . . . . . .$ 40.25 17.22 - R (4) Winch operator (stern winch on dredge) . . . . . . . . . . . .$ 39.70 17.22 (5) Fireman-Oiler, Deckhand, Bargeman, Leveehand. . . . . . . . . . . . . . . . . . .$ 39.16 17.22 (6) Barge Mate. . . . . . . . . . . . . .$ 39.77 17.22 _______________ -----_----________-_____--_---- IRON0002-004 07/01/2010 j Rates Fringes httpJ/www.wdol.gov/wdol/scafiles/davisbacon/CA37.dvb Page 14 of Ironworkers: © Fence Erector. . . . . . . . . . . . . . .$ 26.58 15.26 Ornamental, Reinforcing and Structural. . . . . . . . . . . . . .$ 33.00 23.73 PREMIUM PAY: $6.00 additional per hour at the following locations: China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland, Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center-Goldstone, San Clemente Island, San Nicholas Island, o Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine u Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB A $4.00 additional per hour at the following locations: 0 rn Army Defense Language Institute - Monterey, Fallon Air Base, c Naval Post Graduate School - Monterey, Yermo Marine Corps _rn Logistics Center -� m d $2.00 additional per hour at the following locations: N Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock N n m ---------------------------------------------------------------- LAB00300-001 07/01/2011 to W N . ® Rates Fringes it -Brick Tender. . . . . . . . . . . . . . . . . . . . .$ 27.17 16.71 v ---------------------------------------------------------------- LAB00300-003 07/01/2011 J � Rates Fringes LABORER (GUNITE) N GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 30.09 14.20 0 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 29.09 14.20 u GROUP3. . . . . . . . . . . . . . . . . . . . .$ 25.55 14.20 s: LABORER (TUNNEL) m GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 32.20 15.96 0- tq ' GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 32.52 15.96 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 32.98 15.98 m GROUP 9. . . . . . . . . . . . . . . . . . . . .$ 33.67 15.98 E LABORER GROUP1. . . . . . . . . . . . . . . . . . . . .$ 26.33 16.00 x GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 26.88 16.00 4 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 27.43 16.00 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 28.98 16.00 GROUP 5. . . . . . . . . . . . . . . . . . . . .$ 29.33 16.00 FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a Bosn'n's Chair or suspended from a rope or cable shall N receive 40 cents per hour above the foregoing applicable classification rates. Workers doing gunite and/or' ® shotcrete work in a tunnel shall receive 35 cents per hour above the foregoing applicable classification rates, paid on a portal-to-portal basis. Any work performed on, in or http://www.wdol.gov/wdol/scafiles/davisbacon/CA37.dvb Page 15 of above any smoke stack, silo, storage elevator or similar © type of structure, when such structure is in excess of 75'-0" above base level and which work must be performed in whole or in part more than 75'-0" above base level, that work performed above the 75'-0" level shall be compensated for at 35 cents per hour above the applicable classification wage rate. LABORER CLASSIFICATIONS GROUP 1: Cleaning and handling of panel forms; Concrete screeding for rough strike-off; Concrete, water curing; Demolition laborer, the cleaning of brick if performed by a o worker performing any other phase of demolition work, and the cleaning of lumber; Fire watcher, limber, brush loader, A piler and debris handler; Flag person; Gas, oil and/or water pipeline laborer; Laborer, asphalt-rubber material o 0 loader; Laborer, general or construction; Laborer, general clean-up; Laborer, landscaping; Laborer, jetting; Laborer, temporary water and air lines; Material hose operator rn (walls, slabs, floors and decks) ; Plugging, filling of shee bolt holes; Dry packing of concrete; Railroad maintenance, repair track person and road beds; Streetcar and railroad N construction track laborers; Rigging and signaling; Scaler; .. Slip form raiser; Tar and mortar; Tool crib or tool house n laborer; Traffic control by any method; Window cleaner; Wire mesh pulling - all concrete pouring operations M N GROUP 2: Asphalt shoveler; Cement dumper (on 1 yd. or larger N mixer and handling bulk cement); Cesspool digger and installer; Chucktender; Chute handler, pouring concrete, h the handling of the chute from readymix trucks, such as m walls, slabs, decks, floors, foundation, footings, curbs, 0: gutters and sidewalks; Concrete curer, impervious membrane and form oiler; Cutting torch operator (demolition) ; Fine grader, highways and street paving, airport, runways and similar type heavy construction; Gas, oil and/or water pipeline wrapper - pot tender and form person; Guinea ur chaser; Headerboard person - asphalt; Laborer, packing rod o steel and pans; Membrane vapor barrier installer; Power io broom sweeper (small) ; Riprap stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Sandblaster m (pot tender) ; Septic tank digger and installer(lead) ; Tank N scaler and cleaner; Tree climber, faller, chain saw operator, Pittsburgh chipper and similar type brush d 3 shredder; Underground laborer, including caisson bellower - E t 0 GROUP 3: Buggymobile person; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or Q longer; Dri-pak-it machine; Gas, oil and/or water pipeline wrapper, 6-in. pipe and over, by any method, inside and out; High scaler (including drilling of same) ; Hydro seeder and similar type; Impact wrench multi-plate; Kettle person, pot person and workers applying asphalt, lay-kold, creosote, lime caustic and similar type materials ("applying" means applying, dipping, brushing Or handling of such materials for pipe wrapping and waterproofing) ; Operator of pneumatic, gas, electric tools, vibrating machine, pavement breaker, air blasting, come-alongs, and similar mechanical tools not separately classified herein; http://www.wdol.gov/wdol/scafiles/davisbacon/CA37.dvb Page 16 of i Pipelayer's backup person, coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; Rock slinger; Rotary scarifier or multiple head concrete chipping scarifier; Steel headerboard and guideline setter; Tamper, Barko, Wacker and similar type; Trenching machine, hand-propelled GROUP 4: Asphalt raker, lute person, ironer, asphalt dump person, and asphalt spreader boxes (all types) ; Concrete -� core cutter (walls, floors or ceilings) , grinder or sander; Concrete saw person, cutting walls or flat work, scoring old or new concrete; Cribber, shorer, lagging, sheeting and •, trench bracing, hand-guided lagging hammer; Head rock i( slinger; Laborer, asphalt- rubber distributor boot person; Laser beam in connection with laborers' work; Oversize concrete vibrator operator, 70 lbs. -and over; Pipelayer c 0 performing all services in the laying and installation of pipe from the point of receiving pipe in the ditch until completion of operation, including any and all forms of rn tubular material, whether pipe, metallic or non-metallic, conduit and any other stationary type of tubular device d used for the conveying of any substance or element, whether water, sewage, solid gas, air, or other product whatsoever v! and without regard .to the nature of material from which the n tubular material is fabricated; No-joint pipe and stripping � of same; Prefabricated manhole installer; Sandblaster (nozzle person) , water blasting, Porta Shot-Blast N m N GROUP 5: Blaster powder, all work of loading holes, placing it © and blasting of all powder and explosives of whatever type, `- regardless of method used for such loading and placing; Driller: All power drills, excluding jackhammer, whether K core, diamond, wagon, track, multiple unit, and any and all other types of mechanical drills without regard to the form of motive power; Toxic waste removal q TUNNEL LABORER CLASSIFICATIONS W c 0 GROUP 1: Batch plant laborer; Bull gang mucker, track person; Changehouse person; Concrete crew, including rodder and w spreader; Dump person; Dump person (outside) ; Swamper u d (brake person and switch person on tunnel work); Tunnel °- materials handling person y G M GROUP 2: Chucktender, cabletender; Loading and unloading E agitator cars; Nipper; Pot tender, using mastic or other v materials (for example, but not by way of limitation, M shotcrete, etc.) ; Vibrator person, jack hammer, pneumatic - Q 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 concrete placer operator; Miner, tunnel (hand or machine); Nozzle person; Operating of r troweling and/or grouting machines; Powder person (primer Q house) ; Primer person; Sandblaster; Shotcrete person; Steel form raiser and setter; Timber person, retimber person, wood or steel; Tunnel Concrete finisher - http://www.wdol.gov/wdol/scafiles/davisbacon/CA37.dvb si �i Page 17 of © GROUP 4: Diamond driller; Sandblaster; Shaft and raise work GUNITE LABORER CLASSIFICATIONS ) GROUP 1: Rodmen, Nozzlemen GROUP 2: Gunmen I i GROUP 3: Reboundmen _ ------------------------------------------------------ o LAB00300-008 08/05/2009 u Rates Fringes c 0 LABORER V PLASTER CLEAN-UP LABORER. . . .$ 26.65 15.95 PLASTER TENDER. . . . . . . . . . . . . .$ 29.20 15.95 t rn `r Work at Military Bases - $3.00 additional per hour: Coronado Naval Amphibious Base, Fort Irwin, Marine Corps Air m Station-29 Palms, Imperial Beach Naval Air Station, Marine m Corps Logistics Supply Base, Marine Corps Pickle Meadows, ul 5 Mountain Warfare Training Center, Naval Air r Facility-Seeley, North Island Naval Air Station, Vandenberg --AFB. ------------------------------------------------------------- LAB0O882-002 01/01/2010 N Rates Fringes •� a Asbestos Removal Laborer. . . . . . . . .$ 26.15 11.65 K t m SCOPE OF WORK: Includes site mobilization, initial site cleanup, site preparation, removal of asbestos-containing material and toxic waste, encapsulation, enclosure and disposal of asbestos- containing materials and toxic waste W by hand or with equipment or machinery; scaffolding, o fabrication of temporary wooden barriers and assembly of decontamination stations. - ----- - -------------------- ;J m LA801189-001 07/01/2011 °• N Rates Fringes - y E Laborers: (HORIZONTAL v DIRECTIONAL DRILLING) (1) Drilling Crew Laborer. . .$ 28.01 11.48 Q (2) Vehicle Operator/Hauler.$ 28.18 11.48 (3) Horizontal Directional Drill Operator. . . . . . . . . . . . . .$ 30.03 11.48 (4) Electronic Tracking Locator. . . . . . . . . . . . . . . . . . . . .$ 32.03 11.48 Laborers: (STRIPING/SLURRY SEAL) p GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 28.50 14.56 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 29.80 14.56 GROUP 3... . : . . . . . . . . . . . . . . . . .$ 31.81 14.56 GROUP 4. . . . . . . . . . . . ... . . . . . . .$ 33.55 14.56 http://www.wdol.gov/wdol/scafiles/davisbacon/CA37.dvb Page lg of LABORERS - STRIPING CLASSIFICATIONS GROUP 1: Protective coating, pavement sealing, including repair and filling of cracks by any method on any surface in parking lots, game courts and playgrounds; carstops; operation of all related machinery and equipment; equipment repair technician 9! GROUP 2: Traffic surface abrasive blaster; pot tender - ; removal of all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc.) and preparation of surface for coatings. Traffic control person: controlling and directing traffic through both r o conventional and moving lane closures; operation of all � related machinery and equipment o U GROUP 3: Traffic delineating device applicator: Layout and 0 application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic W delineating devices including traffic control. This -+ category includes all traffic related surface preparation d (sandblasting, waterblasting, grinding) as part of the application process. Traffic protective delineating system N installer: removes, relocates, installs, permanently A affixed roadside and parking delineation barricades, W fencing, cable anchor, guard rail, reference signs, monument markers; operation of all related machinery and equipment;. power broom sweeper N GROUP 4: Striper: layout and application of traffic stripes and markings; hot thermo plastic; tape traffic stripes and markings, including traffic control; operation of all related machinery and equipment ________________________________________________________________ J PAIN0036-001 07/01/2011 y d Rates Fringes y c Painters: (Including Lead m Abatement) (1) Repaint (excludes San Diego County) . . . . . . . . . . . . . . .$ 26.05 10.35 N (2) All Other Work. . . . . . . . . .$ 29.32 10.35 u c a REPAINT of any previously painted structure. Exceptions: � work involving the aerospace industry, breweries, commercial recreational facilities, hotels which operate :°• commercial establishments as part of hotel service, and sports facilities. __ _____________________________________________________________ * PAIN0036-008 10/05/2011 Rates Fringes DRYWALL FINISHER/TAPER. . . . . . . . . . .$-33_22-___- -----13.81 __________________________________ © PAIN0036-015 01/01/2011 Rates Fringes http://www.wdol.gov/wdol/scafiles/davisbacon/CA37.dvb Page 19 of { GLAZIER. . . . . . . . . . . . . . . . . . . . . . . . . .$ 36.90 21.78 © FOOTNOTE: Additional $1.25 per hour for work in a condor, from the third (3rd) floor and up Additional $1.25 per hour for work on the outside of the building from a swing stage or any suspended contrivance, from the ground up _____________________________ __-_______-_______- PAIN1247-002 01/01/2010 Rates Fringes s SOFT FLOOR LAYER. . . . . . . . . . . . . . . . .$ 30.85 10.54 q 0 PLAS0200-008 08/01/2011 c Rates Fringes �0 rn PLASTERER. . . . . . . . . . . . . . . . . . . . . . . .$ 35.29 12.05 C t m FORT IRWIN; MARINE CORPS AIR STATION 29 PALMS, AND MARINE J CORPS LOGISTICS SUPPLY BASE: $3.00 additional per hour. * ____________________________________________________________ N PLAS0500-002 10/01/2011 M Rates Fringes CEMENT MASON/CONCRETE FINISHER. . .$ 35.38 14.72 Lo i( ----------------------_------------------_---------------------- N PLUM0016-002 07/01/2011 Rates Fringes K PLUMBER, PIPEFITTER, _ a STEAMFITTER J (1) Work on strip malls, light commercial, tenant improvement and remodel y work. . . . . . . . . . . . . . . . . . . . . . . .$ 30.79 16.70 o (2) work on new additions m and remodeling of bars, w restaurants, stores and commercial buildings, not to exceed 5,000 sq. ft. of (n floor space. . . . . . . . . . . . . . . . .$ 38.30 18.37 (3) All other work. . . . . . . . . .$ 39.50 19.35 E (4) Work at Edwards AFB. . . .$ 44.00 19.35 u (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. . . . . . . . . . .$ 46.50 19.35 ---------------------------------------------------------------- PLUM0345-001 07/01/2011 Rates Fringes PLUMBER Landscape/Irrigation Fitter.$ 27.35 16.34 http://www.wdol.gov/wdol/scaftles/davisbaconiCA37.dvb Packet Pg. 240 Page 20 of Sewer & Storm Drain Work. . . .$ 26.82 18.18 --------------------------------------- ROOF0036-002 08/01/2011 Rates Fringes ROOFER. . . . . . . . . . . . . . . . . . . . . . . . . . .$ 34.65 10.71 - FOOTNOTE: Pitch premium: Work on which employees are exposed to pitch Fumes or required to handle pitch, pitch base or 4 pitch impregnated products, or any material containing coal tar pitch, the entire roofing crew shall receive $1.75 per hour "pitch premium" pay. ---------------------------------------------------------------- SFCA0669-009 04/01/2011 c Does not include the northern part of the City of Chino, or the �0 Cities of Montclair and Ontario L N W Rates Fringes � 4 d SPRINKLER FITTER. . . . . . . . . . . . . . . . .$ 33.35 17.75 :. ---------------------------------------------------------------- N * SFCA0709-004 09/01/2011 n m THE NORTHERN PART OF THE CITY OF CHINO, AND THE CITIES OF MONTCLAIR AND ONTARIO: n m N Rates Fringes w/ Q SPRINKLER FITTER (Fire) . . . . . . . . . .$ 40.98 23.15 K ------------------------------------- ------------------- L SHEE0105-003 07/01/2011 O m LOS ANGELES (South of a straight line drawn between Gorman and Big Pines)and Catalina Island, INYO, KERN (Northeast part, East N of Hwy 395), MONO ORANGE, RIVERSIDE, AND SAN BERNARDINO COUNTIES o u Rates Fringesy a 4 SHEET METAL WORKER N (1) Commercial - New f a Construction and Remodel E work. . . . . . . . . . . . . . . . . . . . . . . .$ 42.05 19.01 (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. ..$ 36.16 25.20 ----- ------------------------------------------------- QTEAMOOII-002 07/01/2008 Rates Fringes Packet Pg.241 http://www.wdol.gov/wdoUscafiles/davisbacon/CA37.dvb Page 21 of I ® TRUCK DRIVER GROUP 1. . . . . . . . . . . . . . . . . . . .$ 26.49 18.29 GROUP 2. . . . . . . . . . . . . . . . . . . .$ 26.59 18.24 GROUP 3. . . . . . . . . . . . . . . . . . . .$ 26.72 18.24 GROUP 4. . . . . . . . . . . . . . . . . . . .$ 26.91 18.24 GROUP 5. . . . . . . . . . . . . . . . . . . .$ 26.94 18.24 GROUP 6. . . . . . . . . . . . . . . . . . . .$ 26.97 18.24 GROUP 7. . . . . . . . . . . . . . . . . . . .$ 27.22 18.24 GROUP 8. . . . . . . . . . . . . . . . . . . .$ 27.47 18.24 GROUP 9. . . . . . . . . . . . . . . . . . . .$ 27.67 18.24 GROUP 10. . . . . . . . . . . . . . . . . . . .$ 27.97 18.24 GROUP 11. . . . . . . . . . . . . . . . . . . .$ 28.47 18.24 GROUP 12. . . . . . . . . . . . . . . . . . . .$ 28.90 18.24 v m WORK ON ALL MILITARY BASES: - G PREMIUM PAY: $3.00 per hour additional. U [29 palms Marine Base, Camp Roberts, China Lake, Edwards AFB, m E1 Centro Naval Facility, Fort Irwin, Marine Corps - Logistics Base at Nebo s Yermo, Mountain Warfare Training rn Center, Bridgeport, Point Arguello, Point Conception, Vandenberg AFB] y N TRUCK DRIVERS CLASSIFICATIONS n n GROUP 1: Truck driver uMi m N GROUP 2: Driver of vehicle or combination of vehicles - 2 it © axles; Traffic control pilot car excluding moving heavy equipment permit load; Truck mounted broom m C GROUP 3: Driver of vehicle or combination of vehicles - 3 t m axles; Boot person; Cement mason distribution truck; Fuel truck driver; Water truck - 2 axle; Dump truck, less than m 16 yds. water level; Erosion control driver y c GROUP 9: Driver of transit mix truck; under 3 yds. ; Dumperete o truck, less than 6-1/2 yds. water level GROUP 5: Water truck, 3 or more axles; Truck greaser and tire y person ($0.50 additional for tire person) ; Pipeline and o. N utility working truck driver, including winch truck and plastic fusion, limited to pipeline and utility work; a Slurry truck driver E t U GROUP 6: Transit mix truck, 3 yds. or more; Dumperete truck, m 6-1/2 yds. water level and over; Vehicle or combination of Q vehicles - 4 or more axles; Oil spreader truck; Dump truck, 16 yds. to 25 yds. water level GROUP 7: A Frame, Swedish crane or similar; Forklift driver; Ross carrier driver GROUP 8: Dump truck, 25 yds. to 49 yds. water level; Truck repair person; Water pull - single engine; Welder GGROUP 9: Truck repair person/welder; Low bed driver, 9 axles or over i http://www.wdol.gov/wdol/scafiles/davisbacon/CA37.dvb Page 22 of © GROUP 10: Dump truck - 50 yds. or more water level; Water pull - single engine with attachment GROUP 11: Water pull - twin engine; water pull - twin engine with attachments; Winch truck driver - $1.25 additional when operating winch or similar special attachments 1 GROUP 12: Boom Truck 17K and above , -------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. G u O U Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses rn (29CFR 5.5 (a) (1) (ii) ) . :3 i d _______ N n r The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the n cited type(s) of construction in the area covered by the wage N o determination. The classifications are listed in alphabetical ik order of "identifiers" that indicate whether the particular •� rate is union or non-union. o' K Union Identifiers o� J An identifier enclosed in dotted lines beginning with characters other than "SU" denotes that the union classification and rate have found to be prevailing for that N classification. Example: PLUM0198-005 07/01/2011. The. 0 0 first four letters , PLUM, indicate the international union and the four-digit number, 0198, that follows indicates the local union number or district council number where applicable ro i.e., Plumbers Local 0198. The next number, 005 in the a N example, is an internal number used in processing the wage •• j determination. The date, 07/01/2011, following these d characters is the effective date of the most current E negotiated rate/collective bargaining agreement which would be July 1, 2011 in the above example. Q Union prevailing wage rates will be updated to reflect any changes .in the collective bargaining agreements governing the rate. Non-Union Identifiers Classifications listed under an "SO" identifier were derived from survey data by computing average rates and are not union © rates; however, the data used in computing these rates may include both union and non-union data. Example: SULA2004-007 5/13/2010. SU indicates the rates are not union rates, LA i http://www.wdol.gov/wdol/scafiles/davisbacon/CA37.dvb Page 23 of indicates the State of Louisiana; 2009 is the year of the © survey; and 007 is an internal number used in producing the wage determination. A 1993 or later date, 5/13/2010, indicates the classifications and rates under that identifier were issued as a General Wage Determination on that date. Survey wage rates will remain in effect and will not change until a new survey is conducted. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS c u 1. ) Has there been an initial decision in the matter? This can m be: o U • an existing published wage determination c • a survey underlying a wage determination t • a Wage and Hour Division letter setting forth a position on rn a wage determination matter • a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests V1 for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted j because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) N and 3.) should be followed. a With regard to any other matter not yet ripe for the formal y process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: p, • J Branch of Construction Wage Determinations d Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. 0 Washington, DC 20210 u .o 2.) If the answer to the question in 1.) is yes, then an a interested party (those affected by the action) can request N review and reconsideration from the Wage and Hour Administrator •• (See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to: E Wage and Hour Administrator m�m U.S. Department of Labor F 200 Constitution Avenue, N.W. Q Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an © interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: hri4)://www.wdol.gov/wdol/scafiles/davisbacon/CA37.dvb Page 24 of Administrative Review Board' _ U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION 0 U t0 C O U rn � c t rn h J it N M n M m N i .a L m J N 1 O y u 3 V )N C i E L _ p R Q 1 s i http://www.wdoLgov/wdol/scafiles/davisbacon/CA37.dvb i APPENDIX 1 O l N ! C O U m C L Ol J d d N r b M u1 m N 6 d 2 O1 J d d fA a O 1� u :L- d a N C d E r O R Q Packet Pg.246 i I CITY STANDARDS 0 u � k C O U m c J d d N M r m M H m N O. d L m J d f!1 5 C O w � �U d a , N c I� d L A Q Packet Pg. 247 5.F.c c.IT`/ oF7 SAN BEIZNA2DIIV0 STAWDA23 EXISTING TOPOGOAPHY SYMBOLS �µTg'Q LINe O SEWEE MANHOLE Lt NITS Oc'o' SEWER 0SANOUT RIGHT OF WAY LINE Q ,TO¢M DEAW MANHOLE —8 S— OXtSi71NG SEWEfL QOZ'LT- TELEPHONE MANHOLE DR VAULT —A:CS`--W— EXISTING WATLEM LINE Ci LGj 444, MANNOLS 04 VAULT j —t5 x CONE—O — EXISTING 5TOMM DRAIN WQ rM_�� SVATE'2 MANHOLE OQ YAULT m �I EXt STIN4 GAS LINE ELECTRIC MANHOLE OR VAULT c i? o —T - - UND'GD. TE!L.coNDUIT FP't ELECTRIC OIL 'TELEPHONE POLE v rn c —12^rD.cowFlRE— EXIST. S(Zetc.4Ylou LtwF ® ELECTIZIC TOWSM rn —? V E VNDYaD. ELECTRIC CONb• E---- DOWN GUY y SY 2EET tAGHTINy HYDRANT y !J ---SI Ci--- `t TRAFFIC SIC NAL OWM WATER. METEIL v — — F. Ft¢E ALARM WAIVE VALVE M FCC== .. CuLVER'.T fy�l( CiA9 VALVE N 3 (SOARD FENCE ELEGTR,OLIE¢ UPRIGHT) a m —x —x —x—x- SAZ590 WIRE FENCE � o ELRCTROUER (ON MAST A¢N� a —:r--v—O O CHAIN LINIS PGNCE �� T'¢.�.FPtG St6NAt r m WOVEN WIRE FENCE J' 31GNAL (OH MMT ARM d , P.CC, OLOCIS WALL 008 PULL 509 0 j OR —_. IZAILQOAD TIZACISS ® TRAFFIC 044NAL CONT¢OLLrV ' TiAPFIC St6NA1- DIFTWOQ HEDGE CID---,,* W.AL1S• WAIT StraNAL lzDIRECTION FLOW DIRT PA"INW4 M6TER- y TEAFFIC.DIRCCTION FLOW PAV. STREEj NAME $tyN E TOP OF SLOPE ( 3TOP SIGN TO! OF SLOPE E.E. Cwe,61NCs S/GN GuA¢D FLAILING 6Tb R.R. CtiOSStNy SIGNAL R.C•C. SIOEWALIQ (DASHED) SPRINKLER NEAR RC.C. DRI VEWAY DEL7A ANGLE POINT.C.CUEf3 � GuTTEQ d POINT ON TANGGNT U•S•MA•IL BOX TREE (DECIDUOUS SECTION CO4NEE�SL� 8 EVERCAeFm(PtNE�ETC) b'"125N�' 1/a CO¢NER. ?CC 4LA0 BUILDINCT APpmavviv STANDARD UNCOYERED n/e.r, .�A ,19 6 6 PLAN � -3 Z!4.�L CITY OF SAN BEQNARDINO -PUBLIC WOR1`$ DEPT. CIT`( E:NC11.18E� packet Pg. 246 S.L. LAMP LLMFPAIRE HEIIHT(YII• ACCEPTABLE POLES S.F.0 ,,, LUMENS NMTTS) (®,E. T T AMER C NT A 5800 To M-150 2J 28 I 1-23F MBO-7 -APB }} B 4500 100 M-150 23 26 ICI-23F8 M80-7 -APB p C 18000 150 M-150 28 30 ICI -28F8 MBO-8.5-APB CC 0 22000 200 M-400A 28 JO ICI-28F8 'MOO-45-API E 27500 250 M-400A 28 30 ICI-28F8 MOO-6.5-APB 7 i S. LUMIMAIRE• SE. M-1501400A CUTOFF,WITH P.E. RECEPTACLE,240V AC,WITH M.Ra.V. LAMP(8.E- LUCALO%). R.E. CONTROL- FISHER PIERCE MODEL 8!908 ( 105.295 VAC)- HALAST SMALL BE REGULATOR TYPE. U R MAST ARM SMALL BE COMPATIBLE WITH POLE YEMEN AND CONFORM TO ASTM A120 FOR C SAM STEEL PIPE OR 8083-TO FOR ALUM.PIPE. 0 Ir; m j C POLE• 1D H BE OCTAGONAL. SYMMETRICALLY TAPPEREOr RE CONCRETE, NATURAL GRAY WITH LACK AND WHITE AGGR EGATE.WITH ANT10RAiF1Tl SURFACE. METAL M AY B E USED UNDER SPECIdL BMCwOTANCf. = _ 'J H.SMALL BE RASE SMALL FACE r DIRIGi BYRIAL NOT ALLOWED. y S.$HALL BE MUMS FADE CURB.RI y 1. SHALL 0f MUMS, NA%.VARIANCE 0.08"1". S. LOCATION I TO POLE CENTER 1- !' FROM CU CURB FACE, 6` FROM OCR• B' FROM FIRE HYDRANT CENTER • (A 4' FROM DRIVEWAY EDGE AND OTHER OKTNUCTIMS. B.PROVIDE 4' CLEAR SIDEWALK WIDTH FROM POLE EDGE. M 1. BOLT CIRCLE DIAMETER 121/Y•AFGHAN. 111 12"CEMTRECON, n VO [.MATERIAL! !MALL BE FROM L1N[ MANUFACTURER ALONG SAN[ STREET. M � N 1 # a FUEENOLOER ANON NF%IV.940VOLT EQUAL.CL."B WITH BAF N 1988 ED AT N IE ME OR EOUpL.FUSE.9XALL - i � !E RATED AT LIVE TINES BALLAST LINE CURRENT. 2 (PER BUSSMAN BULLETIN SFH-11). J N APPLY 3 LAVE" 3M CO. EL[C, TAM NO.23 AND 0 '11 3 LAYS" OF TAPE A0. 00 OR EQUAL q (TYPICAL 4 R.1 •_ I A 1/2• A w It" MO.1-0. P10TAFROM L-IF SERVICE pFDA ' U � j ID =11/Y• FROM UTILITY CO. NO-LOX flEGUIfl[O ON 3. pISIMIIAR METALS. E 1P0/MOV CIRCUIT L FUSEHOLDER DETAIL IS CAP DETAIL Q FOUNDATION,I.P.C.C. S3WITS 1 00 35 SEC. YOI STD.SPECS. N 0 P.W. COAST. ID 2.ANCHOR BOLTS 1" R SE• • ♦" 111 PER 1lTM DPPII. 30�• CITY OF SAN BERNARDINO PUBLIC WORKS DEPT JAPPROVED "/f- 84' STANDARD NO. STREET LIGHT STANDARD - SL- I DIRECTOR OF PUBI,,I�R RKS/ CITY ENGIN packet Pg.249 5.F.c' &ITI ' m I, 8" BROOKS N0.3 I(2 PU OR Al. EOUgL COVER I TO BE E INS INBPRIBED I WITH STREET LIGHTING' i \ z_ J m 6 / O / o � < I"CRUSHED ROCK �I 48" m a CONDUIT DO NOT PLACE IN DRIVEWAY OR ROAD- WAY, 3' MIN. FROM FIRE HYDRANT. y SPACE EQUALLY ON RUNS NOT TO LOAD EXCEED 200'. O J SIDE > W O SECTION H PULLBOX DETAIL ! 0 = v g 2% 1 L PAOMOUNT MOUNTING SLEEVE m J P.C.C. 380-C-3230/ PER SEC. N 5 201 STD. SPECS.FOR P.W. COMET. y S 2" MIN. CONDUIT TO UTILITY N N ' FSERVICE. P M INSTALL S/B"11 8' BLACKBURN COPPER n - CLAD/OR EQUAL, GROUND CLAMP AND NO.6 AWG BARE SOLID I(LOAD LINE)MIN.CONDU 0.0A R BONDING CONDUCTOR FORR GROUNDING V - - OF PEDESTAL. � it 24" Q d _ SERVICE PEDESTAL DETAIL L m NOTES: J 'i I.SERVICE PEDESTAL SHALL BE MYERS VITA ELECTRIC PRODUCTS -2400 -MIOOCVIC OR EQUAL. d 2.CIRCUIT BREAKERS SHALL BE SUITABLE FOR USE ON 120-240 VOLT SERVICE AND SHALL BE APPROVED BY UNDERWRITERS N LABORATORY. 3.CABINET SHALL BE BONDED TO CONDUIT WITH COPPER GROUND WIRE EQUIVALENT TO NO. G A,W.G. G ;( 4. PULLBOX SHALL BE INSTALLED NEXT TO BASE WITH 1 1/2° CONDUIT MINIUM. - p, &CONDUITS SHALL EXTEND INTO CABINET I' ABOVE FLOOR AND HAVE APPROVED CONDUIT BUSHING. t~Mt O.CONTRACTOR SHALL MAKE ARRANGEMENTS WITH UTILITY FOR 120-240 VOLT SERVICE AND SHALL BE RESPONSIBLE FOR ANY CHARGES BY THE UTILITY FOR ANY WORK. 'V T. PULLSOXES SHALL BE PLACED ON ONCOMING TRAFFIC SIOE OF POLES. TOP TO BE FLUSH WITH ADJACENT GRADE. KNOCK OUT OPENING TO BE SEALED WITH GROUT AFTER CONDUIT INSTALLATION, p, I ul G E L 0 A Q Q GE063fA[N= (06Ar."/J/O✓3 �� . N0. REVISION APPROVED DATE CITY OF SAN BERNARDINO PUBLIC WORKS DEPT. APPROVED 6'/5-- 6K STANDARD NO. STREET LIGHT SERVICE PEDESTAL SL- 2 AND PULLBOX DETAILS Off' TM OF PUBLIC WORKS/ CITY ENGINEER Packet Pg. 250 r BROOKS NO. 3 1/2 PULLBOX, OR APPROVED EQUAL, WITH NO LID. FILL WITH SAND AND CAP WITH 6" MINIMUM PCC (CLEAN BROOM FINISH SURFACE). a WEATHER PROOF CONNECTIONS INSIDE i PULL BOXES WITH SKOTCH-KOTE OR APPROVED EQUAL, CONDUCTORS PER x CITY SPECIFICATIONS. L m � 6" MIN. THICK PCC FLUSH WITH SURFACE INSULATING s} ":' DUCT SEAL ? 4 MIL. PLASTIC SAND FILL N n L J y C O A WRAP WIRE WITH PLASTIC HEAVY WALL I HEAT SHRINK WRAP (SHRINK RATIO 3:1) USE TO WRAP AND SEAL WIRE AND d CONDUIT ENDS. E u m City of San Bernardino - Public Works Department Scale: Pullbox Security Detail Drawing No. None Concrete Fill =„a,oZ.D,G Packet ff.251 i CITY OF SAN BERNARDINO DEPARTMENT OF PUBLIC WORKSICITY ENGINEER STREET LIGHTING POLICIES AND PROCEDURES DIVISION 1. POLICY A LOCATION OF STREET LIGHTS II 1 Intersections a One minimum o b Two, one each on opposite comers, where both Streets having a curb U s separation of 64' or greater. r 2 Between intersections with staggered spacing as follows: m 3 d 4 a Residential curb separation 44' or less, 300'+or-30' . E b All others, 200' +or-20'. m c Attempt to place nearlot lines,but allow clear sight distances for survey ties. v d Sharp curves, steep hills and other street conditions as deemed necessary by City Engineer. 3 Alleys, where warranted by extreme situations resulting-in severe problems. N is B. STREET LIGHT TYPE s CURB SEPARATION LAND USE TYPE* J 0- 36' Residential A 0- 36 Commercial B m C 0 37-66' Residential B 67-80' All C Divided Highway Commercial D N Divided Highway Other C £ L U A *Per Standard Drawing SLA a C INSTALLATION REQUIRED OF DEVELOPERS 1 Mandatory for subdivisions and developments requiring a building permit in accordance with Sections A& B, except: Packet Pg.'262 i P City of San Bernardino Issued July 11B, 1984 Department of Public Works/City Engineer Street Lighting Design Policies and Procedures a Single lot zoned R-1 or R-2, unless required by original subdivision. b Remodels and additions less than 25%of the existing structures,where no Ij street improvements are required. C Energy charges, paid in advance by Developer, for first 48 months of installation required for subdivisions, m d Existing Edison Lights shall be replaced with City standard lights if they meet c the criteria enumerated in Section C1 . U 0 S D cinZENS' REQUESTS FOR STREET LIGHTS Z f 1 1 Street Lights can be installed at the City' s expense only if It meets the criteria enumerated in Section A. d N E PRIVATE STREETS 1 Street lights shall be located the same as public streets with Type A (minimum) fixture or equivalent. DIVISION 2. STANDARD SPECIFICATIONS is F GENERAL a 1 Street lighting systems shall conform to these specifications and City Standard rn Drawings designated SL series . J '' 2 All material shall be new,and shall bear the label of the Underwriter's Laboratories, n where applicable. 0 3 All work shall be done in compliance with the latest edition of Standard 2 Specifications for Public Works Construction, the National Electrical Code, the v California State Safety Orders and all other codes, rules and requirements of n authorities having jurisdiction. Particular attention is directed to Section 2 and 307 Standard Specifications for Public Works Construction. d E a On State Highways. All work shall be done In compliance with the latest edition of Standard Specifications, Department of a Transportation, State of California. b In case of conflict between any Standard Specifications and these policies and procedures,these policies and procedures shall take precedence over and be used in lieu of such conflicting portions except for work on State Highways. —2— _Packet Pg.253 ow I City of San Bernardino issued July 18, 1984 Department of Public Works/City Engineer { Street Lighting Design Policies and Procedures q Street lighting systems shall be installed in conformity with the following specifications: a All street lighting systems shall be metered systems and shall become,upon acceptance, the sole property of the City of San Bernardino. — 3 o U � A b Installations shall mean the excavation and backfill of trenches, installing conduit and conductors, lighting standards, foundations, luminaries and o 0 lamps,service panel,and all other related devices and fittings necessary for a complete and operable street lighting system. s m ! c Contractors shall observe all Sections of the Municipal Code, City of San Bernardino, in relation to obstruction of passageways for vehicles and/or pedestrians, the providing of barricades, warning lights, etc., safety at or y near the construction si te. Attention is directed to Section 6 of the Standard Specifications for Public Works Construction (latest edition). d All street pavement, concrete curb and sidewalk removed or damaged or N any conduit,water line,sewer,etc., damaged shall be repaired or replaced N in accordance with Title 12, Municipal Code of the City of San Bernardino, # and any amendments thereto, particularly with respect to the methods of cutting pavements, backfilling,temporary resurfacing and street out permits. B CONDUIT AND CONDUCTORS J v, d 1 Conduit B N a Rigid metal galvanized conduit shall conform to Underwriter's Laboratory, `o Inc., standards for rigid steel conduit. .2 U b Materials shall be recognized by the Underwriter's Laboratories, Inc. as having suitable characteristics when property formed and treated,including n rigid polyvinyl chloride (Schedule 40) for underground use, and rigid polyvinyl chloride (Schedule 80)-for use above ground and passing under d roadways. PVC conduit shall be grey in color. r u m c Conduit or duct passing under roadways shall be installed prior to paving, a otherwise jacking or drilling methods shall be employed, utilizing only galvanized steel conduit. Conduit shall be 2"diameter minimum. d Conduit or duct shall be placed at the following depths below grade: —3— PacketPg.254 i t II City of San Bernardino Issued July 18, 1984 Department of Public Works/City Engineer Street Lighting Design Policies and Procedures e 18" within parkways and medians, back of curbs, and under concrete sidewalks. 24" deep when crossing streets and/or alleys. IF Existing conduit in areas were street improvements are being made,shall be relocated to depths below grade per section d, above. g Conduit shall be 1-1/4"diameter minimum. Determination of conduit size (based on number and size of wires)shall be according to conduit and wire m tables of the National Electric Code and the California State Safety Orders. o U J h Galvanized rigid conduit shall be reamed when cut and shall be capped to prevent foreign objects from falling into pipe openings. The conduit shall r remain capped until wire is pulled. ° J 7 i All conduit in the base of the poles shall lean toward the hand hole and the ends shall not extend more than 3/4"above the bottom of the hand hole nor n be terminated more than 2' below'the bottom of the hand hole. n j j Conduit shall be bent without crimping or flattening and shall have a radius of at least 6 times the diameter of the conduit. m N 2 Conductors 'm a Shall be copper and installed in conduit. v b Shall be minimum No. 10 AWG, except can be No. 12 AWG within poles. o . c Conductors shall maintain a voltage drop no greater than 5%of the serving l voltage for high pressure sodium vapor (new installation) and 7% for n mercury vapor (existing installations). Splices shall be made only in o puliboxes, pole bases or service panels, and shall be covered with acceptable insulating material equal in value to that of the conductors and w painted with P and 8 paint or an approved equal. m a N C BONDING AND GROUNDING d 1 Street lighting systems shall provide for electrical ground continuity. E v 2 Systems utilizing metallic conduit shall have all conduit,electrollers, and all metallic M y ¢ components of the system bonded to each other. 3 Systems utilizing non metallic conduit shall have a continuous conductor bonding together all street lights, and all metallic components of the system. —4— PacketPg.355` S.F.c_. City of San Bernardino Issued July 18, 1984 Department of Public Works/City Engineer Street Lighting Design Policies and Procedures 4 Bonding conductors shall be solid copper wirewith a minimum cross-sectional area equal to No. 8 AWG, or larger. All connections shall utilize UL approved ground clamps and brass nuts and bolts. One bonding conductor in each concrete street light base shall be looped up to a point to 2 inches above the bottom of the hand hole opening. 5 Systems shall be bonded to a ground electrode at the service neutral, and at such c additional locations as may be specified by the City Engineer. 2 c 6 Bonding at street lighting standards and service pedestals shall be by means of a 0 bonding wire connecting the conduit(or conduit ground wire)to the anchor bolts or ground electrode as the case may be, t Zi rn 7 Grounding of metal conduit, service equipment, and the grounded conductor at service point shall be accomplished as required by the National Electrical Code and serving utility. in 8 For bonding purposes in all non-metallic type conduit,a bare or green insulated No. 8 copper wire shall be run continuously. Insulation must be stripped back a minimum of 10 inches at termination. N � 9 Bonding of metallic conduit in concrete put 1 boxes shall be by means of galvanized # grounding bushings and bonding jumpers. D SERVICE AND FEED POINTS z L 1 Electrical service shall be provided at locations designated jointly by the City il Engineer and the serving utility. Service shall be 1201240 volt, single phase, City owned, and metered, n DIVISION 3. INSPECTION AND TESTING g v A INSPECTION a 1 All street lighting systems shall be inspected by the City Engineer or his designated N representative at the following specified times: _ E a When service is installed, services must be inspected and cleared through the serving utility. a i b After conduit is installed, with all ditches open and foundations ready for pouring or backfilling. c At the completion of wiring,final rough inspection, at which time contractor shall have all pull boxes and connection points open for inspection —5— Packet Pg.258 E City of San Bernardino Issued July 18, 1984 Department of Public Works/City Engineer Street Lighting Design Policies and Procedures d All street lighting installation and electrical materials are subject to inspection { and approval of the City Engineer or his designated representatives during all phases of construction. The contractor shall notify the City Engineer at least 24 hours before any inspection is required, and 24 hours before any scheduled plan to place concrete. The contractor shall be solely responsible for notifying the City Engineer where and when such work is in readiness for inspection. Should such work be covered up without inspection and k approval, it shall be uncovered, inspected and approved, or redone at the c contractor's expense, as the case may be. v c 1 B TESTING 1 1 Prior to the completion of the work,the contractor shall cause the following tests to J be made in the presence of the City Engineer or his designated representative on all v lighting circuits: 2 Tests for continuity of each circuit. m I 3 Tests for grounds in each circuit. N I 4 A megger test at 500 volts DC shall be made on each circuit between the circuit and # a ground. The insulation resistance shall be not less than 10 megohms on all circuits. 5 A functional test in which it is demonstrated that each and every part of the system functions as specified or Intended. 6 All lighting equipment shall be energized under as near actual service conditions as ` N possible for three successive nights. During the third night of the test, all circuits `o shall be patrolled at least once by the contractor, and any inoperative equipment .0 replaced or repaired. 0 7 Any fault in any material or In any part of the installation,which may be revealed by a these tests shall be corrected by the contractor in a manner approved by the City w Engineer and the same tests shall be related. DIVISION 4. PROCEDURES E t U R A DESIGN a 1 The initial submittal of improvement plans to the City for plan check shall show the location of all existing street lights within 600'of the proposed project. 2 As a part of the first plan check,the City will designate the location and type of street lights to be installed. --5— Packet Pg•257 ` i b POW s City of San Bernardino Issued July 18, 1984 Department of Public Works/City Engineer Street Lighting Design Policies and Procedures 3 The second submittal to the City shall contain the proposed street lights. If acceptable,the City will Inform the Design Engineerto submit two(2)additional sets of prints for preliminary signature to be used by the Design Engineer in dealing with the serving utility to determine the service pedestal and feed point locations. 4 The next improvement plan check submittal to the City shall con tai n the complete e street lighting system including street lights,pull boxes,conduit(size&type),wiring R a (number, size &type), service pedestal and feed point locations, Calculations for c s wire sizing (based upon voltage drop) and conduit sizing shall also be submitted. r'e 5 Upon satisfactory completion, the City Engineer will sign the improvement plans, s m J B CONSTRUCTION m 1 The Developer submits copies of the signed improvement plans to the serving utility y 'i for final service planning. Any changes required by the utility or approved during construction shall be shown as a revision to the signed improvement plans. 2 Utility notifies Senior Field Engineer of Department of Public Works to send a letter N of service request. 't l 3 Senior Field Engineer sends letter of service request to utility (copy to Public Buildings Superintendent) and accepts charges for energy. L LZ 4 Developer constructs street lighting system observingthe procedures of DIVISION 3. INSPECTION AND TESTING, 2 5 Senior Field Engineer notifies Public Buildings Superintendent when construction is o complete for review. m u 6 Senior Field Engineer notifies utility to energize system. DIVISION 5. IMPROVEMENT PLANS N c v A GENERAL NOTES (To be added to improvement plans) E r u 1 All work related to electrical service shall be performed in conformance with a Southern California Edison Company requirements or serving utility. 2 Twenty-four(24)hours prior notice shall be given to the Senior Field Engineer for all City inspections. —7— Pa-'e , -, ( City S. TYPICAL DESIGNATIONS ON PLANS Del- Stre DESIGNATION EXPLANATION Ste 5+00 install SL T SL-1 a SL F9 t(pull Light)Bx) per SQL-33 1-1/4N C - 2010 5 108 C (Conduit d Wire 2' A i future SL across street C O U Ste 2+00 lnstatl SP A PO Per $O SL-2 SP (Service Pedes S W —Sta 1+50 FP FP (Feed Point) m m Sidewalk IF N Curb Face r W N W N it a v 0: t m J a d N C O V w �U N CL 4 N S C d L i V m ' Q I II Packet Pg.259 1 i \y MANUFACTURER INFORMATION 0 R d U m c t m a d N M r m M N m N m L J d d N C O d d a N c m t u m z a 14674- Specifications-GE Commercial Lighting Products Page 2 o Bulb Diameter(DIA) 2.2500 in(57.1 mm) _ Light Center Length 5.75110 In(146.0 mm) GRAPHS&CHART$ (LCL) [Graphs Spectral Power Distribution] ; PRODUCT INFORMATION Product Code 14874 10° Description LU25131ECOMC ANSI Code _ S50 Standard Package Case __.... _ . $ Standard Package GTIN 100431 1 88146743 a Standard Package 12._ Us Quantity _ __..... ... .... 0 3 Sales Unit Unit as 0A w n. ra No Of items Per Sales 1 "ww"Vx 0.1 Unit 0 No Of Gems Per 12 O U Standard Package YOU MIGHT ALSO BE INTERESTED IN_ _ c UPC 043168146746 - For Longer Life t w GEE lux®Lt calo O High Pre wr l COMPATIBLE GE BALLASTS Sodium ED2B J Product a of Pourer Sa m" V/ Product code:85381 m Code Description Bulbs Factor Factor_ , r 87121 GES250MLTAA4 1 0.9 16 I�. q LCir4pPRE - ryd 'S For Energy n 87214 GES250ML5M4 1 0.9 1.0 GE E.•M=®L calox®H'ah Pressure 5 Sodium ED28 71706 GE5250ML5464 t 0.9 1.0 Product code:85381 n 55 m 1u 78537 GES250TRIAC4- 1 90.0 1.0 arq�•aa;=,: N © 5 _. # --- For Bauer Light •al GE Ecolux®Lucalox®High Pressure y Q CAUTIONS&WARNINGS /\ Sodium ED28 C - Product code:85381 I iCOMRA I J R Sae list of caufons&waMor s. 0 For Safety GE Ecolux®LucaloxV Hiah Pressure N ' C (( Sodium ED28 0 \I Product code:85381 �✓ [ONPARE! 0 0 For Super Long Life p. GE E lux®Lucalox®High Pressure N Sodium ED28 Product code:85381 E � ( I i,tOhIRARE.I � N For Environmental Q GE Ewl xQ L calox®High Pressure + ) Sodium E028 \r.I Product code:85381 1<A C4hIPP.R£' 'Click on product for more specification details Return To Too t httpJ/genet.gehghting.com/LiglitProducta Dispatcher?BreadCrumbValues=Ecollnc%C2%... 14674- Specifications- GE Commercial Lighting Products Page 1 0 i .F igh ir)g WORLDWIDE PARTNER Commercial Products&solutions SITE SEARCH % HOME PRODUCTS - EDUCATION I RESOURCES ° UGHTING APPLICATIONS ........ ..__.. ... . __... . .. ......_.. N.Tere to Buv s I FAQ Comae Us I I EI'I N I Products col >14674 14674—LU2501ECO/NC ` GE Ecolux®LucaloxiH High Pressure Sodium ED18 — 0 •Passes TCLP,which can lower disposal costs. •Non-cycling feature makes locating and replacing end-of i o -fife lamps quick and easy rn GENERAL CHARACTERISTICS aw,.l . •• 5 Lamp type High Intensity Discharge- _ m High Press ure Sodium Bulb ED18 N Base Mogul Screw(E39) Bulb Base Bulb Clear Life Rated Life 40000 hrs _ �' � rzz `• Bulb Matenal Hard glass Lamp Enclosure Type Open or enclosed fixtures View Lamer a ,.._. (LET) LEED-EB MR Credit 5 picagrams Hg per mean •� '✓ lumen tour ADDITIONAL RESOURCES d Additional Info TCLP compliant Catalogs - - Testimonials Or PHOTOMETRIC CHARACTERISTICS Brochures J Product Brochure d Initial Wmens 29000 ` --- ---- - — HID Lamps Mean Lumens 26100 Foolu y Nominal Initial Lumens 116 Lighting Application Brochure C per Watt • Healthcare Lighting .2 • ContractorUabling m Color Temperature 2000K v ......-._ Sall Sheets Color Rendering Index 30 • Ec lu NCLowMerculvHPSLamos 89146 ndf 'F (CRO ..,..,,, _._. _. • EGOIUXNC-891M P9 p, Effective Am Length 3 in MSDS(Material Safety D to Sheetsl W Disposal Policies a Recycling Information C ELECTRICAL CHARACTERISTICS E -_... Wattage 250 L Bum Posilion Universal burning position Open Circuit Voltage 196.0v Q (RMS lag ballast)(MIN) Warm Up Time to 90% 3.0 min (MIN) Wann Up Time to 90% 4,0 min (MAX) Hot Restart Time to 90% 5 min DIMENSIONS t- Maximum Overall Length 9.750D in(247.6 mm) (MOL) Nominal Length 9.7500 in(247.6 mm) lit tD://eenet.achahtinR.com/LightProducts/Dispatcher?BreaderumbValues=Ecoluxa/gC2e/g... 87198 -Specifications-GE Commercial Lighting Products Page 1 9w 10 Lghlreng' WORLDWIDE PARTNER Commercial products&Solutions SITE SEARCH HOME PRODUCTS EDUCATION/RESOURCES >LIGHTING APPLICATIONS _. - ...... Where to Buy I FAGS I Contact Us I I-3Lr<t 1 Products 1 87198 t 87198—GES40048TAA4-5 GE HID Distributor Replacement Kit Magnetic High Pressure Sodium Core and Coil Ballast G •Magnetic ballast constmdion ideal for a wide variety of lighting applications. O •Precision-wound aluminum coils,ensuring even heat w dissipation and the highest electrical magdly �' c •Distributor replacement kit contains the appropriate core .. ..,, / •c"' � &coil with color coded leads,a propedy rated capacitor [+ and Ignitor(If required)and all other components required g `'`''.,•. ' J E$E$ for ballast replacement ••480 Volt ballast - - - - W DIMENSIONS GENERAL CHARACTERISTICS -- -- m Case dimensions Category High Intensity Discharge Length(L) 4.8 m(120.65 mm) ry Primary Applicadon 1-400w HPS S51 480V Ballast Type Magnetic-High Pressure Width(W) 4.2 in(107.95 mm) Sodium Core and Coil Mounting dimanslonR . Type Replacement k8 Bracket Length(BL) 7.2 In(184.15 mm) Mount Length(M) 4.4 In(1n mm) - CL Dimming Type N/A .. ..... . .. . y Starting Method Pulse start Mount Width(X or F)- 3.9 in(98.42 mm) Lamp Wring Series Mount Slots(MS) 0.2 in(4.95 mm) Line Voltage _._. 10% _. _ Weight .........13.51b _.......... _.. . a Regulation(+/-) _ _ Exit Type Side ` Ambient Temperature 40-C(-40 Nominal Length 4.2500 In(107.95 mm) N _.. (MIN) ..... __. ._.. o Ambient Temperature 105°C(221°F) O_ (MAX) v Ballast Factor 7 uwka Circuit Type CWA iva-In sulation Gass In Class H 180 Entlosure Type Coe antl Coil � ( Capaci tance 55 pF E Capacitor Temperature 105°C(221°F) - v Rating Z Distance to Lamp 10 ft View Larger R (MAX) ELECTRICAL CHARACTERISTICS Lamp Operating 60.0 Hz Frequency Supply Current 60 Hz Frequency Voltage(MIN) 240.0 PRODUCT INFORMATION Product Code 87198 h4://genet.golighting.com/LightProducts/Dispatcher?REQUEST=BALLASTSPECPAGE... 87198 -Specifications-GE Commercial Lighting Products Page 2 Description GES40048TAA4-5 Standard Package Master Standard Package 3 Quantity Sales Unit Distributor Kg No Of Items Per Sales t Unit No Of Items Per 3 - 1 Standard Package ..... . UPC 043168871983 SPECIFICATIONS By LAMP&LINE VOLTAGE _... ........._.____. l of C Lamp Lamps Specifications by Line Voltage i c System Wattage(W) 478.. _.. .. o I Nominal Current 1.66A U Ballast Factor Ballast Efficiency 0.842 _. m Drop Out Voltage 340V _.... _. .. Power factor h=)% 90 m I Min.sterling temperature -40.40.0/-40 _ N _.. ._ _.. Fuse rating 5 _ .. ......_ r- System specs W So"&Perrormance _ .. WARRANTY INFORMATION .UL L s GE Lighting warrants to the purchaser that each ballast N _ ®ulusu4 MR be free from defects in material or workmanship for period as defined in the attached documents from the # `•v Gee lit of caufo is&warnings, date of manufacture when properly installed and under normal conditions of use. � NOTES Download full warranty C • Kit contains the appropriate Core&coil with color coded leads,a property rated capacitor and ignitor(if ADDITIONAL RESOURCES �• required)and all other components required for ballast -- — - - y replacement Catalogs -- -- ---- Testimonials W Brochures c Brochures • HID Ballast Agobcation Grade odf u Disposal Policies&Recvcling information __ .. Return To Too C 9 Photos are representational only.Sizes,shapes and labels of ballast may vary. •• ) C E E I _ Home I Products I FJNeNet I Education/Resources I Lighting Applications I Where to Buy I FACts I Contact Us I She Map - Q Products for Your Home I Press Room I Corporate I Careens I Investor Information I Privacy Policy I Accessibility Statement I Terms of Use Copyright 2012 General Electric Company ,rte hUp://genet.gelighting.com/LiglitProducts/Dispatcher?REQUEST=BALLASTSPECPAGE... 5.F.c � GE ROADWAY LIGHTING % Lighting Solutions GUIDE FORM SPECIFICATIONS M-250A2 POWR/DOOR ° LUMINAIRE The complete luminoire designated_____lidentifyl shall be a GE M-250A2 POWR/DOOR-roadway luminaire,ordering number (specify M2AR,plus ordering number logic from colalogl a approved equal,to operate one_ $ Ispecify(50,70,100,150155V1,200 or 2501 watt high pressure sodium(HIPS),[175 or 2501 watt metal halide or 1100.175 or 250)watt mercuryl lamp from o nominal (specify 120, 208,220,240,277,347 or 4801 volt.60 Hz or 1220. C 230 or 240) � E� 0 volt,50 Hzl power source and shall be capable of starting and ^� operating the specified lamp within the limits specified by the - c lamp manufacturer.The luminoire shall contain a completely t prewired Integral ballast and on optical assembly that shall 7) provide an IES Distribution Type (specify according to photometric selection tablet.Labeling sholl be in accordance with ANSI standards.Some units may be UL/cUL Certified.Con- m tact factory.There shall be on option for UL listing for selected units.Standard construction is IP55. The optical assembly shall contain a precision-formed alu- minum reflector with a chemically-bonded lightweight non- The luminaire shall include o precision die-cast aluminum[op breakable ALGLAS-finish on both the inside and outside sur. n housing,optical door with refractor and hinged and removable faces providing corrosion resistance,durability,and ease of poor/module door.Housing and doors shall have an elearo- cleaning;and o,_,_specify acrylic,polycorbonate resin,or W coat groy point finish.The internal slipfitler in the top housing heat/Impact-resistant gloss prismatic refractor with gasketing shall contain two bolts which do not pass through the housing between the reflector and the refractor.)Far lamps of 250 use but tighten from below with powr/module door in dropped po- glass refractor only.l m sition.The one-piece pipe clomp in top housing shall be co- The optical assembly shall have a specify non-wicking C pable of adopting to 11/4-through 2-inch(42 through 60 mml felt gasket which acts as filter by excluding particulate con- y pipe without rearrangement of clomp or bolts,and shall be tamination when the luminaire is closed.a—specify adjustable x4°from horizontal without rearrangement of clamp an elostomer gasket,around the edge of the reflector with an J or bolts.There shall be on optional prewired no-tool photoelec- activated charcoal filter to permit passage of air and therefore tric control receptacle. ollow for breathing of the luminoire during normal off-on heat- y There shall be a polymer bird guard,shipped Installed,and on ing and cooling cycles,filtering out gaseous contaminants such rn external quick-release stainless steel bail latch on the optical as hydrocarbons, c door requiring no tools and operable with lineman's gloves. The optical assembly shall contain an adjustable E39 mogul 0 base socket with superior lomp gripping.The socket shall hove added insulation,giving it the ability to handle the higher pulse a ratings of newer HID systems. m There sholl be o Powr/Module ballast assembly with all ballast a components mounted on the die-cast powr/module door and N easily removable and replaceable through the use of quick dis- .REFER TO PRODUCT PAGE FOR BALLAST SELECTIONS.FOR 4 connect plugs.The ballast shall be prewired to the lamp socket MORE DEFINITIVE INFORMATION,REFER TO BALLAST SPECIFICA- N §tV and decd-back terminal board,requiring connection of power TIONS IN TECHNICAL DATA SECTION. £ supply leads to the terminal board only.The plug-in ignitor fa m HPS lamps shall be removable without the use of tools. y The luminaire shall contain a standard_(specify)type Q ballast*in full compliance with lamp-ballast speciflcotlons available to the fixture manufacturer from the lamp manufac- turers at the time of fixture manufacture. The ballast shall reliably start and operate the lamp in ambient temperatures dawn to-20•F far mercury and metal halide or -40°F for HPS. The luminaire and ballast shall be from the some manufacturer. Guide Form Specifications-2011 i � I STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS & FEDERAL CODE OF REGULATIONS APPRENTICESHIP PROGRAM u ; FOR PUBLIC WORKS CONSTRUCTION r m j d d N in r b N .a d L m J d d N a O i U J d N G d E r U I A Q PacketPg.266 EXCERPTS FROM THE CALIFORNIA LABOR CODE RELATING TO APPRENTICES ON PUBLIC WORKS Chapter 1 of Division 2 APPRENTICES ON PUBLIC WORKS 1773.3.An awarding agency whose public works Contract falls within the jurisdiction of Section 1777.5 shall,within 0 two days of the award, send a copy of the award to the Division of Ap}mmticeship Standards. when spCCdICsry requeeted by a local joint apprenticeship committee,the division shall notify the local jam apprenticeship committee regarding all such awards applicable to the joint apprenticeship Committee making the request Within five days of a finding of any discrepancy regarding the ratio of apprentices to joumeymon,pursuant m the certificated fixed number C of apprentices to journeymen.the awarding agency shall notify the Dfvisiov of Apprenticeship Standards. U m 1776. (a) Each contractor and subcontractor shall keep accurate payroll records, showing the aame, addmar, soeml C security'number,work classification,straight time and overtime hours worked each day d and we or n the connection =actual per diem wages paid to each joumeyman, apprentice, worker, or other empkryCo employe by Ot with the public work. Each payroll record shall Contain or be verified by a written declaration that it is made under J penalty of perjury,stating both of the following:(1)The information contained in the payroll record is true and correct (2)The employer has complied with the requirements of Sections 1771, 1811,and 1815 for any work performed by his ` or her employece on the public works project. (b) The payroll records enumerated under subdivision (al shall be certified and shall be available for 0) inspection at all reasonable hour.at the principal office of the contractor an the following basis:(1)A certified copy of an employee's payroll record shelf be mad. available for inspection or furnished to the employee or his or her A authorized representative on request (2) A certified copy of all payroll records ermmerated in subdivision (a) shall be rD made available for inspection or furnished upon request to a representative of the body awarding the ron[ract, the Division of Labor Standards Enforeement, and the Division of Apprenticeship Standards of the Department of M Industrial Relations. (3)A certified copy of ail payroll records enumerated in subdivision (a) shall be mexie available upon request by the public for inspection or for copies thereoL However,a request by the public shag be made through N either the body awarding the contract.the Division of Apprenticeship Standards, or dare Division of Lobar Standards Enforcement.If the requested payroll reconls have not been provided pursuant to paragraph(2i,the requesting party shall, prim m being provided the records, reimburse the coats of preparation by the contractor, subcontractors,and CL the entity through which the request was made.The public eban not be given access m the records at the principal office of the contractor. (c)The certified payroll records shall be on forms provided by the Division of labor Standards FmImcement or shall contain fits same information as the forms provided by the division. (d)A contractor or subcontractor shall file a certified copy of the records enumerated in subdivision(a)with J the entity that requested the records within 10 days after receipt of a written request (e)Any copy of records made available for inspection as copies and furnished upon request to the public or MY public agency by the awarding body,the Division of APPraaticeship Standards,or the Division of Labor Standards N Enforcement shalt be marked or obliterated to prevent disclosure of an individual's name,address,and social security C number.The name and address of the contractor awarded the contract or the subcontractor performing the contract p .hall not be marked or obliterated Any copy of records made available for inspection by,or furnished to,a joint labor- 'q management committee established pursuant te the federal Labor Management Cooperation Act of 1978(Section 175a 0 of Title 29 of the United States Cade)shell be marked or obliterated only te prevent disclosure of an individual's name and .octal security number. A joint I.bor management committee may meinmin an action le a court of competent 0 jurisdiction against an employer who fails to Comply with Section 1774. The court may award restitution to an p- employee for unpaid wages and may award the joint labor management committee....his attorney'-fee and cats N incurred in maintaining the action. An action under this subdivision may rat be based on the employers misclassification of the craft of a worker on its certified payroll records. Nothing m this subdivision limits any other E available remedie.for a violation of this chapter. L (ft The connector shall inform the body awarding the contract of the location of the records enumerated under subdivision(s),including the sheet address,city and county,and shall,within five working days,provide a notice of a change of location and address (gl The contractor or subcontactor shall have 10 days in which to Comply subsequent to receipt of a written Q notice requesting the records enumerated in subdivision(al.in the event that the contractor or subcontractor fails to comply within the 10-day period, he or she shall,as a penalty to the state or political subdivision on whose behalf the Contract is made or awarded,forfeit twenty-five dollars(325)for each calendar day,or portion thereof,for each worker, until strict compliance is etfecmated.Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement,thcee penalties shall be withheld from prngmaa payments then due.A contractor is not subject m a penalty assessment pursuant to this section due to the fahue of a subcontractor to comply with this section. (h) The body awarding the contract shall cause to be inserted in the contract stipulations fo effectuate this section. (i) The dimctor shall adopt roles consistent with the California Public `Packet Pg,26T 5: 5 ( Necards Act,(Chapter 3.5(commencing with Section 6250),Division 7,Tide 1,Government Cale)and the Information Practices Am of 1977,Mile 1.8(commencing with Section 1796),part 4,Division 3,Civil Code)governing the release of time records,including the establishment of reasonable fees to be charged for reproducing copies of records required by this section. 01 This section shall remain in effect only until January it 2003,and as of that date is repealed,unless a later enacted statute,flat is enacted before January 1,2003,deletes or extends that dare. F 1776.(a) Each contractor and subcontractor shall keep an accurate payroll word,showing the name,address,social security number,work classification,and straight time and overtime hours worked each day and week,and the actual per diem wages paid to each journeyman,apprentice,worker,or otter employee employed by him or her in connection e with the public work. (b) The payroll records enumerated under subdivision (a) shall he certified and shall be available for G 9 inspection at all reasonable hours at the principal office of the contractor on the following basis:(1)A certi0ed copy of an employee's payroll record shall be made available for inspection or furnished to the employee or his or her N authorised representative on request. (2)A certified copy of all payroll records enumerated in subdivision(a) shall be C made available f"inspection or furnished upon request to a representative of the body awarding the contract, the U fa Division of tabor Standards Enrcament, and the Division of Apprenticeship Standards of the Department of Industrial Relations. (3) A certified COPY of all P loran records enumerated in subdivision(a) shall be made available upon request by the public for inspection or f"copies thereof.However,a request by the public shall be made through e ` either the body awarding the contract,the Division of Apprenticeship Standards,or the Division of Labor Standards C , Enforcement if the requested payroll records have am been provided pursuant to paragraph(2), the requesting party rn I shell prior to being provided the records, reimburse the costs of preparation by the contractor, subcontractors, and J the entity through which the request was made.The public shall not be given access to the records at the principal offer of the contractor. ` (c)The certified payroll Scads shell be on forms provided by the Division of Lab"Standards Enforcement or N shs0 contain the same information es the forms provided by the division- .. (d)Each contractor shelf foe a certified copy of the record,enumerated in subdivision(a)with the entity that requested the records within 10 days after receipt of a written request. tp (e)Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body,the Divis Enforcement ion of Appmnticeship Standards,or the Division of Labor Standards Enforcement shall be mked o obtterated in prevent disclosure of an individual's name,address,and social security 1 number.Tle name and address of the contractor awarded the contract or performing the contract shalt not be marked " obliterated. Any copy of records made available for inspection by, " furnished to. a joint labor-management committee established pursuant to the federal labor Maragemeut Cooperation Act of 1978(Section 175a of Title 29 of the United States Code) shall be marked"obliterated only to prevent disclosure of an individual's social security number 06 (Q The contractor shag inform the body awarding the contract of the location of the records enumerated under d subdivision(a),including the street address,city and couvty,and shell,within five w"king days,provide a notice of a L change of and address. (g)!The The contractor shall have l0 days in which to comply subsequent to receipt of written notice specifying in m A what respects the contractor must comply with this section.In the event that the contractor fails to rnmply within the J to,day period,he or she shall,as a penalty to the stele or political subdivision on whose behalf the contract is made or d ) awarded, forfeit twenty-five dollars ($251 for each calendar day, or portion Uhnrest; for each vmd¢r, until strict d compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of labor y Standard.Enforcement.these penalties shall be withheld from progress payments then due C (h)The body awarding the contract shat cause to be inserted in the contract stipulations W effectuate this .2 section,Them stipulations Abell fa the responsibility for compliance with this section on the prime contractor. u (i) The director shall adopt rules consistent with the vO�Via,uc lie Government Cade)and flu:Wormation " Records Act,(Chapter 3.5(commencing with Section 6250), 'V Practices Act of 1977,(rite 1.8(commencing with Section 17981,Part 4,Division 3,Civil Code)governing the release of Or N es.records,inducting the establishment of reaverm fees to fe to be charged for reproducing copies of records required N by this section. 01 This section shat became operative January 1,2003. C N 1777.5.(s)Nothing in this chapter shall prevent the employment of property mgistered apprendcea upon public works. E (b) Every apprentice employed upon public works abet diem wars paid the prevailing rate of per die wages for Lid apprentices in the trade to which he or she is registered and shall be employed only at the work of the"aft"trade to Z which he"she is registered. Q (c) Only apprentices, u defined in Section 3077, who are in training under apprenticeship standards that have been approved by the Chief of the Division of Apprenticeship Standards and who are parties to written appremti" agreements under Chapter 4 (commencing with Section 3070) of Division 3 are eligible to be employed at the apprentice wage rate on public works. The employment and training of each apprentice shall be in eecorch ee with either(1) the apprenticeship standards and apprentice agreement&under which he or she is training or(2)the rules and regulations of the California Apprenticeship Council. (d) When the contractor to whom the contract is awarded by the state or any political att ion, in performing any of the work under the contract,employs workers in say apprenticcablc"aft or trade,the contract" shall employ apprentices in at least the ratio act forth in this section and may apply to say,apprenticeship program in 2 PacketPg.268 the craft or trade that can provide apprentices to the site of the public work for a certificate approving the contractor under the apprenticestdii standards for the employment and training of apprentice.in the area or industry agected. However,the decision of the apprenticeship program to approve or deny a certificate shell be subject m review by the Administrator of Apprenticeship. The apprenticeship program or programs, upon approving the comtracfm, shall arrange far the dispatch of apprentices to the contractor. A cantrectm covered by an apprenticeship program s ran standards shall not be required W submit any additional application in order to include additional public works contracts under that program. "Apprenticeable craft or trade: as used in this .action, means a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the California Apprenticeship Council. As used in this section, 'contractor" mcludes any subcontractor under a contractor who performs any public works not excluded by subdivision(a). (e) Prior to commencing work on a contract for public works, every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work.The C information submitted shall inchrde an estimate ofloumeymart hours to be performed under the contract,the number Ct of apprentices proposed to be empioyad,and the tepprmdmate dates the apprentices would be employed.A copy of this is i information shall also be submitted to the awarding body if requested by the awarding body. Within 60 days after concluding work on the contract,each contractor and subcontractor shall submit to the awarding body,if requested, G and m the appanatimship program a verified statement of the journeyman and apprentice pr ho�pe� retain L) contract. The information under this aubdi daunt shall be public. The apprenticeship pmgr information for 12 months. C (n The apprenticeship program that can supply apprentices ta the area of the site of the public work shall L ensure equal employment and affirmative action in apprenticeship for women and minorities. ip (g)The ratio of work performed by apprentices m journeyman employed in a particular craft or trade an the J public work may be no higher than the ratio stipulated in the apprenticeship standards under which the apprenticeship program operates where the conactor agrees in be bound by those standards,hut,except as otherwise u m provided in this section, in no case shall the ratio be less than one hour of apprentice work for every five hours of N journeyman work. m .. (h)This ratio of apprentice work Wjoumeyen work shag apply during any day or portion of a day when any M journeyman is=played at the jobsim and shall be computed on the basis of the houm worked during the day by joumeymen an employed.Any work performed by n journeymen in excess of eight hours per day or 40 boom per week On shag rat be used to calculate the ratio.The contractor shall employ apprentices for the number of hours computed as sbove before the end of the contract or,in the case of a subcontractor,before the end of the subcontract.However,the t+r contractor shag endeavor,to the greatest extent ponsible,to employ apprentices during the same time period that the 0 journeymen in the same craft or trade are employed at the jobsite.Where an hourly apprenticeship ratio is not feasible N far a particular crag or trade, the Chief of the Division of Apprenticeship Standards, upon application of an # apprenticeship program,may order a minimum ratio of not less than one apprerrtice for each 5vejaumeymen in a crag R or trade classification. rmticeshi s 4 (i) A contractor covered by this section that has agreed to be covered by an app P Progress N standards upon the issuance of the approval certificate,or that has been previously approved far on apprenticeship It program in the craft or trade, shall employ the number d apprentices or the ratio of apprentices m journeymen t stipulated in the applicable apprenticeship standards, but in no event leas than the 1-to-5 ratio required by J subdivision(g). (j) Upon proper showing by a contractor that he or she employs apprentices in it particular craft or trade in y the affi1e an all of his or her contracts on an annual average of not less than one Lour of apprentice work for every live hours of labor performed by journeymen. the Chief of the Division of Apprenticeship Standards may grant a certificate N exempting the contractor from the 1-to-5 hourly ratio,as act forth in this section for that craft or trade. C (k) An apprenticeship program has the discrstion to grant an a participating contractor or mntracmr p association a certificate,which shag be subject m the approval of the Administrator of Apprenticeship,exempting the '@ 1 rum ese for from the 1-to-5 ratio aetforth in this section when it finds that any one of the following conditions is met.(1) V Unemployment for the previous three-month period fn the area exceeds an average of 15 percent. (2)The number of w y apprentices in training in the area exceeds a ratio of 1 to 5.(3)There is a showing that the apprenticcable craft or trade O. E is replacing at kast one thirtieth of its Journeymen annually through apprenticeship training, either on a statewide basis or on a local basis.(4)Assignment of an apprentice to any work performed under a public works contract would N create a condition that would jeopardize his or her life or the life,safety,or property of fellow employees or the public at 4 large,or the specific task to which the apprentice is to be a-signed is of a nature that training cannot be provided by a m journeyman. E (1)When an exemption is granted pursuant W subdivision(k)m an organisation that represents contractor.in L S ratio on a local er statewide basis, the member contractors will rt net be quiml to a specific trade frmv the I-to R submit individual applications for approval to local joint apprenticeship committees,ff they are already covered by the Q local apprenticeship standard& f the work under the contact, (m) (1)A contractor to whom a contract is awarded,who,in performing soy a employs journeymen or apprentices in any apprenticeabie craft or trade shell contribute to the California Apprenticeship Council tine arms amount that the director determine. is the pmwnlimg amount of apprenticeship training contributions in the area of the public works site. A contractor may take as a credit for payments On the council any amounts paid by the contractor to an approved apprenticeship program that can supply apprentices to the site of the public works project The contractor may add the amount of the contributions in computing his or her bid for the contract 3 PacketPg.269' (21 At the conclusion of each fiscal year, the California Apprenticeship Council shall distribute training contributions received by the council under this subdivision, less the expenses of the Division of Apprenticeship Standards for administering this subdivision,by mating grants to approved apprenticeship programs for the purpose of training apprentices. The funds shag be distributed as follows: (A) If them is an approved muldemplayer apprenticeship program serving the same craft or trade and gmliciphic area for which the training contributions were made to the council, a grant to that program shall be made. (B) If them we two or more approved multiemployer apprenticeship programs serving the same craft or trade and geographic area for which the training contrbutfons were made W the council,the grant shall he divided among those program.based on the number of apprentices registered in each program.(C)Ali training contributions not distributed under subparagraphs(A)and(B)shall be used to defray the future expenses of administering this subdivision. (3) All training contributions received pursuant to this subdivision shall be deposited In the Apprenticeship Training Contribution Fund,which fund is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, all money in the Apprenticeship Training C Contribution Fund is hereby continuously appropriated for the purpose of carrying out this subdivision and to pay the ` s expenses of the division in administering this subdivision. (n) The body awarding the contact shag cause to be inserted in the canimct stipulations to effectuate this section.The stipulations shell rise the responsibility of compliance with this section for all apprenticeable occupations C with the prfrve contractor. U (o)This section does on apply to contracts of general contractors or to contracts of specialty contractors not m bidding fm work through a general or pie eon,samir when the contracts of general contractors or these specialty C contractors involve less than thirty thousand dollars($30,000). t (pl All decisions of an apprenticeship program under this section ere subject to Section 3081. 1777.6. It&ball be unlawful for an employer or a labor union to mfuse to accept otherwise qualified employees as J re�atered apprentirYa on any public wort.,on the ground of the race,religious creed,color,national origin,ancestry. ` sm,or age,except an provided in Section 3077,of such employee. 1777.7. Is) (1) A ronVactor or subcontractor that is determined by the Chief of the Division of Apprenticeship Standards W haw knowingly violated Section 1777.5 she forfeit as a civil penalty an amount not exceeding eve hundred dollem($100)f"each full calendar d�of noncompliance.The amount of this penalty may be reduced by the m Chief if the amount of the penalty would be disproportionate to the severity of the violation. A contractor or subcmuracter that Imowingly commits a second or subsequent violation of Section 1777.5 within a three year period, where the nonc=Plinnce results in apprenticeship training not being provided as required by this chapter,shag forfeit as as a civil penalty the sum of not mare than three hundred dollars($300) for each full calendar day of noncompliance. Notwithstanding Section 1727,upon receipt of a determination that a civil penalty has been imposed u the to became the # awarding body shall withhold the amount of the civil penalty from cmumet progress payments then due or to become h due. (2) Iv lieu of the penalty provided for in this subdivision, the Chief may, for a first-time violation and with the courcorence of an apprenticeship progmm described in suhdivfaion (d), order the contractor or sulxaniracmr to provide apprentice employment equivalent to the work hours that would have been provided for apprentices during the Q. period ofnanwmpliance. erramftteda L lb) In me event a contact, " subcontractor is determined by the Chief to have knowingly W serious violation of any provision of Section 1777.5,the Chef may also deny to the contractor or ,subcontmm, .it to its responsible ofOcere, the tight to hid on or be awarded or Perform work"a suhconhscmr on any Public works contract for a period of up to one year for tie first viola0ov and for contract period of up to three yews for a sewed or ` subsequent violation. Each period of debarment shall non from the dam the determination of noncompliance by the N Chief becomes a final order of the Administrator of App cnticeabip. C (c)(1)An affected contractor,subcontractor,or responsible officer may obtain a review of the determination of p the Chief imposing the debarment"civil penalty by transmitting a written request to the office of the Administrator 'u within 30 days after service of the determination of debarment or civil penalty.A copy of this report shag also be served on the Chief.If the Administrator does not receive a timely request for review of the determination of debarment or civil ; penalty made by the Chief,the outer shall became the Goal order of the Administrator.(2)Within 20 days of the timely O. receipt of a request for review, the Chief shall provide the contract", auhwntractor, or xesponaible nitre" the opportunity to review any evidence the Chief may offer at the hearing. The Chief shag also promptly disclose any N nonprivileged documents obtained after the 20-day time limit at a time set forth for mmhange of evidence by the C Administrator.(3)Within 90 days of the timely receipt of it request for review,a hearing ahe0 be commenced before the N Administrator or an impartial hearing officer designated by the Administrator and possessing The quelificationa of an = administrative law judge pursuant to subdivision (b) of Section 11502 of the G"emment Code. The affected contractor,subcontractor,or responsible officer-shall have the burden of providing evidence of compliance with Section 1777.5.(M Within 45 days of the conclusion of Ore hearing,the Administrator shag issue a written decision alTirmb.g R y modifying,or dismissing the determination of debarment or civil penalty.The decision shall contain a sistement of the factual and legal basis for the decision and an order.This decision shall be served on all parties and the awarding body pursuant to Section 1013 of the Code of Civil procedure by fvst-class mail at the last known address of the party that the party has filed with the Administrator. Within 15 days of issuance of the decision, the Administrator may reconatoer or modify the decision to correct an error,except that a clerical error may be canceled at any time.(5) An affected contractor, subcontractor, or responsible officer who hos timely requested mview, and obtained a decision under paragraph(4)may obtain review of the decision of the Administrator by riling a petition for a writ of mandate to the appropriate superior court pursuant to Section 1094.5 of the Code of Civil Procedure within 45 days after service of the fine]decision.If no timely petition for a writ of mandate is filed, the decision shall become the final order of the li 4 PacketPg.270 i Administrator,The decision of the Administrator shall be affirmed unless the petitioner shows that the Administrator abused his or her discretion. If the petitioner claims that the findings are not supported by the evidence,abuse of discretion is established it the court determine$that the findings are not supported by substantial evidence in light of the entire record-(6)The Chief may certify a copy of the final order of the Administrator and file it with the clerk of the superior court in any county in which the affected contractor or subcontractor has property m has or had a place of business The clerk,immediately upon the filling, entered erjudnot to this th section shall bear the same rm.of interest amount shown on the certified order.A judgmen paten and shall have the same effe as other judgments and be given the same prefererr. allowed by the law on other ct judgments rendered for claims for taxm9.The clerk shall net charge for the service performed by him m her pursuant m this section.An awarding body that has withheld funds in response to a determination by the Chief imposing a penalty under this section shall, upon receipt of a certified copy of a final order of the Administrator,promptly transmit the withheld funds,up to the amount of the certified order,to the Administrator. a contractor of the m is not liable O (d)If a subcontractor is found to have violated Section 1777.5,the prim project u for any penalties under subdivision (a), runless the prime contractor had knowledge of the subeman of the failure g F .reply with the provisions of Section 1777.5 or unless the prime contractor fails to comply with any of the foltowivg C requirements: (11 The contract executed between the contractor and the auiuontractor a the performance of work 5. G the public works Project shall include a copy of the provisions of Sections 1771, 1775,1776, 1777.5, 1813,and 1815. p (2)The.retractor shall continually monitor a subeovtraetoi s use of apprentices required to be employed an the of the C works project pursuant to subdivision (d) of Section 1777.5, including, but not limited to, p ,_ eertifted payroll or the subcontractor.(3)Upon becoming aware of a failure of the subcovtrac/m to employ the required L action,including, but not limited to, retairetaining funds due number of apprentices, the contractor shall mks corrective pl the subcontractor for work performed on the public works Project until the failure is corrected.{4)Prior to making the J final payment to the subcontractor for work performed on the public works project, the contractor shall obtain a declaration signed under penalty of perjury from the subcmrtrador that the subcontractor has employed the required ` number ofapprentices on the public works project. (e)Any funds withheld by the awarding body pursuant to this am shell be deposited n the y is an Fund N if the awarding body is a state entity, or in the equivalent fund of an awarding body if the rewarding body is an entry M n other than The state. b (0 The Chief shall consider,in setting the mown[of a monetary penalty,in determining whether a violation is v serious,and in determining whether and for how long a party should be debarred for violating this section,all of the e- following circumstances: 11) Whether the violation was intentional. (2) Whether the party has committed other violations of Section 1777.5. (3) Whether,upon notice of the violative, the party took steps to voluntarily remedy the ao violation. (4) Whether, and to what extent, the violation resulted in lost training.opportunities for apprentices. (5) Whether,and tin what catent,the violation otherwise harmed apprentice$or apprenticeship programs.If a party seeks Chief to impose a monetary penalty or period of debarment,the Administrator shall decide review of a decision by the Ch .. de move the aPProProw Penalty,by considering the asme(actors set forth above_ C (g) The interpretation of Section 1777.5 and this section shall be in accordance with the regulations of the y California Apprenticeship Council.The Administrator may adopt regulations he establish guidelines for the imposition t of monetary penalties and periods of debarment and may designate prccedential decislws under Section 11425.60 of W the Govcroment Code. J d d MOTE: THE ABOVE CALIFORNIA LABOR CODE SECTIONS ARE AVAILABLE FROM THE INTERNET(a)_ www dlr.ca.eov/. 4 v DAS 10(Rev.04-02) w CL N C E E r 0 m x a 5 Packet Pg:271 i I STATE OF CALIFORNIA EDMUND G.BROWN,Jr.,G°oernor DEPARTMENT OF INDUSTRIAL RELATIONS w Aircagov ' DIVISION OF APPRENTICESHIP STANDARDS s 455 Golden Gabe Avenue,10th Floor ADDRESS REPLY TO: San Frandsco,CA 94102 D7°.nfApprenhmAW Sbmd pis Tel: (415)703-4920 P.D.Boa 420603 Fax:(415)7035477 San I'masm,rA 94142-0603 II M1 i Important Notice Reeardine Chanees in CCR 230.1 `o v m c An addition has been made to section 230.1 regarding employment of apprentices on public a, c works it is effective as of November 16,2011.To see a copy of the amended regulation please I J click on the following link:htto•//www dir ca gov/das/DasRelzulations/201011Regs320Text.Ddf rn M r- In general,for covered projects,"except for projects with less than 40 hours of journeyman M n work",for the purpose of determining whether a contractor has properly requested an apprentice, N all requests for dispatch of an apprentice"shall be for not less than 8 hours per day per each c apprentice or 20%of the estimated apprentice hours"required to meet ratio whichever is greater. t J I d tq C j O 1 V u CL N `C E ! r ! o I II AMENDMENT TO CALIFORNIA CODE OF REGULATIONS, ' i TITLE 8, CHAPTER 2, PART IV,SECTION 230.1 €f §230.1.Employment of Apprentices on Public Works. (a)Contractors, as defined in Section 228 to inciude.general,prime,specialty or subcontractor, o i shall employ registered apprentice(s), as defined by Labor Code Section 3077,during the c performance of a public work project in accordance with the required one hour of work 0 a m performed by an apprentice for every five hours of labor performed by a journeyman, unless L rn covered by one of the exemptions enumerated in Labor Code Section 1777.5 or this subchapter. d Unless an exemption has been granted,the contractor shall employ apprentices for the number of w hours computed above before the end of the contract. Contractors who are not already employing M sufficient registered apprentices(as defined by Labor Code Section 3077)to comply with the N one-to-five ratio must request the dispatch of required apprentices from the apprenticeship .� n committees providing training in the applicable craft or trade and whose geographic area of 5 M operation includes the site of the public work by giving the committee written notice of at least w 72 hours(excluding Saturdays, Sundays and holidays)before the date on which one or more 2 apprentices are required. If the apprenticeship committee from which apprentice dispatch(es)are requested does not dispatch apprentices as requested,the contractor must request apprentice Q N dispatch(es)from another committee providing training in the applicable craft or trade in the m E t geographic area of the site of the public work, and must request apprentice dispatch(es)fiom Q j each such committee,either consecutively or simultaneously,until the contractor has requested j I apprentice dispatches from each such committee in the geographic area.All requests for dispatch of apprentices shall be in writing,sent by first class mail,facsimile or email. Except for projects with less than 40 hours of journeyman work each request for apprentice dispatch shall be fnr not 1 ':�acketPgr273; i less than an 8 boor day per each apprentice or 20%of the estimated awrentice hours to be worked for an employer in a tiarficular craft or trade on a project,whichever is Ryeater,unless an i employer can provide written evidence upon request of the committee disnatchina the I� lapprentice or the Division of Apprenticeship Standards,that circumstances beyond the employer's control prevent this from occurrin¢. If a non-signatory contractor declines to abide by and comply with the terns of a local committee's standards,the apprenticeship committee i ) shall not be required to dispatch apprentices to such contractor. Conversely, if in response to a s M written request no apprenticeship committee dispatches,or agrees to dispatch during the period of the public works project any apprentice to a contractor who has agreed to employ and train in apprenti ces in accordance with either the apprenticeship committee's standards or these regulations within 72 hours of such request(excluding Saturdays,Sundays and holidays)the N i # contractor shall not be considered in violation of this section as a result of failure to employ { apprentices for the remainder of the project,provided that the contractor made the request in z enough time to meet the above-stated ratio.If an apprenticeship committee dispatches fewer apprentices than the contractor requested,the contractor shall be considered in compliance if the c o contractor employ's those apprentices who are dispatched,provided that,where there is more w v than one apprenticeship committee able and willing to unconditionally dispatch apprentices,the N contractor has requested dispatch from all committees providing training in the applicable craft m I E or.trade whose geographic area of operation include the site of the public work.Nothing in-this 3 x Q { section shall affect the right of a Contractor who participates in and employs registered E _ apprentices from programs approved under Tabor Code Section 3075 outside the geographic area of the public work from employing said apprentice(s)on the site of the public work in order to j� meet the ratio requirement of Labor Code Section 1777.5. 2 Packet Pg. 274 i 1 (b)Apprentices employed on public works shall be paid the applicable apprentice prevailing per diem wage rate,available from DAS, and derived from the Director's survey'of wages paid on public works in the geographic area of the craft or trade. DAS shall refer complaints alleging any contractor's failure to pay the proper apprentice,prevailing wage rate on a public works project to a the Division of Labor Standards Enforcement for investigation and appropriate action. c (c)Apprentices employed on public works can only be assigned to perform work of the craft or C U trade to which the apprentice is registered. Work of the craft or trade consists ofjob duties E tj rn V, J normally assigned to journeymen in the a PP renticeable occupation. Where an employer employs apprentices under the rules and regulations of the California Apprenticeship Council,as set forth y in Labor Code Section 1777.5(c)(2), apprentices employed on public works must at all times, work with or under the direct supervision of journeymanlmen. The on-the-job training shall be in N ae accordance with the apprenticeship standards and apprenticeship agreement under which the a apprentice is training,provided that a contractor shall not be subject to any financial or L a � 3 administrative obligations to a trust fund or,employee benefit plan unless the contractor has so a in .agreed. j 0 (d)The provisions of this regulation shall not apply to contractors on public works Pr o jects that v - i 'u were bid prior to July 1,2009. Such contractors shall comply with the version of this regulation y 4 that was in effect prior to July 1,2009. . E u m I 3 Division of Apprenticeship Standards - Important notice Change to Code of Regulations Setion 230.1 Notification of Change in Regulation 230.1 Regarding Employment of Apprentices on Public Works. • Regulation 230.1 has been amended. The change will affect projects bid after June 30,2009. j Projects bid on or before June 30,2009 will still be controlled by the prior version of 230.1. . The rho requires all contractors (who ate not already employing sufficient apprentices) to c 3 request dispatch (either consecutively or simultaneously)from all approved apprenticeship programs in the geographical area of the project . The change also requires that contractors who employ apprentices but are not meeting the ti required ratio for their craft must request dispatch from any other programs in their craft that c exist in the geographical area of the project . The change also requires contractors to give the approved apprenticeship programs written , notice of the request for dispatch at least 72 hours in advance.Previously 48 hours advance d notice was required n Effective on projects bid July L 2009 Reg. 230.1. Employment of Apprentices on Public Works. W (a) Contractors,as defined in Section 228 to include general,prime,specialty or subcontractor, shall employ registered apprentice(,), as defined by Labor Code Section 3077, during the performance of a public work project in accordance with the required one hour of work performed by an apprentice for d every five hours of labor performed by a journeyman, unless covered by one of the exemptions r enumerated in Labor Code Section 1777.5 or this subchapter. Unless an exemption has been granted,the o contractor shall °y apprentices em P 1 for the number of hours computed above before the end of the y contract Contractors who are not already employing sufficient registered apprentices (as defined by Labor d Code Section 3077) to comply with the one-to-five ratio must request the dispatch of requited apprentices from the apprenticeship committees providing traini a in the applicable craft or trade and whose o geographic area of operation includes the site of the public work by giving the committee written notice of u at least 72 hours (excluding Saturdays, Sundays and holidays) before the date on which one or more u apprentices are required. If the apprenticeship committee from which apprentice dispatch(es) are a requested does not dispatch apprentices as requested, the contractor must request apprentice dispatches) y .9 from another committee providing training in the applicable craft or trade in the geographic area of the site d i of the public work, and most request apprentice dispatcb(es) from each such committee, either L (' consecutively or simultaneously, until the contractor bas requested apprentice dispatches from each such x committee in the geographic area. All requests for dispatch of apprentices shall be in writing,sent by first Q class mail,facsimile or email. If a non-signatory contractor declines to abide by and comply with the terms of a local committees standards,the apprenticeship committee shall not be required to dispatch apprentices to such contractor. Conversely,if in response to a written request no apptenticesbip committee dispatches, or agrees to dispatch during the period of the public works project any apprentice to a contractor who has agreed to employ and train apprentices in accordance with either the apprenticeship committee's standards or these regulations within 72 hours of such request (excluding Saturdays, Sundays and holidays) the contractor shall not be considered in violation of this section as a result of failure to employ apprentices for the remainder of the project, provided that the contractor made the request in enough time to meet the above-stated ratio. If an apprenticeship committee dispatches fewer apprentices than the contractor requested, the contractor shall be considered in compliance if the contractor employs those apprentices Packet.Pg:276- who are dispatched,provided that,where there is more than one apprenticeship committee able and willing to unconditionally dispatch apprentices, the contractor has requested dispatch from all committees providing training in the applicable craft or trade whose geographic area of operation include the site of the public work. Nothing in this section shall affect the tight of a contractor who participates in and employs I registered apprentices from programs approved under Labor Code Section 3075 outside the geographic area of the public work from employing said apprentice(s) on the site of the public work in order to meet the ratio requitement of Labor Code Section 1777.5. (b)Apprentices employed on public works shall be paid the applicable apprentice prevailing per diem wage rate, available from DAS, and derived from the Director's survey of wages paid on public works in the geographic area of the craft or trade. DAS shall refer complaints alleging any contractor's failure to pay the proper apprentice prevailing wage ante on a public works project to the Division of Labor Standards Enforcement for investigation and appropriate action. (c) Apprentices employed on public works can only be assigned to perform work of the craft or trade to u which the apprentice is registered. Work of the craft or trade consists of job duties normally assigned to 2 journeymen in the apprenticeable occupation. Where an employer employs apprentices under the rules and o regulations of the California Apprenticeship Council, as set forth in Labor Code Section 1777.5(c) (2), 0 apprentices employed on public works must at all rimes work with or under the direct supervision of 5 journeyman/men. The on-the-job training shall be in accordance with the apprenticeship standards and a apprenticeship agreement under which the apprentice is training, provided that a contractor shall not be subject to any financial or administrative obligations to a trust fund or employee benefit plan unless the d contractor has so agreed. in (d) The provisions of this regulation shall not apply to contractors on public works projects that were n bid prior to July 1,2009. Such contractors shall comply with the version of this regulation that was in effect m prior to July 1,2009. N Note:Authority cited:Section 1777.7,Labor Code.Reference:Section 1777.5,Labor Code. 4�+ C # A YY t rn S• J d June 2009 in 0 o u 'v )N ; E E L V A Q STATE OF CALIFORNIA DEPARTMENT OF TOXIC SUBSTANCES CONTROL CALRECYCLE PROGRAM FOR UNIVERSAL WASTE COLLECTION & 0 U m FEDERAL t ENVIRONMENTAL PROTECTION AGENCY (EPA) d REQUIREMENTS N M r m M N N 6 d t m J d d N C O U d 6 W Q C d E s U 10 Q S.F.c Universal Waste Page 10 Cal Recycle Hazardous Waste&Univermd Waste CU Wuebe) .Universal. . . . ..Wa.s.te. ........................................................................................................................................ ............. . . .. . ....... . . .. Hazardous waste regulations designate a category of hazardous wastes called Mom Information... `o "universal waste"(u-waste).This category includes many items,including fluorescent v lamps, cathode ray tubes,instruments that contain mercury,batteries,and others. Information on where to take hazardous and u- 0 Until recently,some universal wastes could be disposed in the trash under some r j circumstances, however this is no longer the case-all u-wastes are now banned from Wastes banned from the a the trash. trash"' t Under California's Universal Waste Rule(Adobe PDF,108 KB), households and nform for local or "conditionally exempt small quantity generators"were allowed to dispose fluorescent entbrcemern agencies(LEA)... lamps, batteries(not leadlacid batteries of the type used in autos), mercury thermostats, m and electronic devices to the trash through February 8,2006,unless the local trash companies or other agencies N prohibited it. Large and small quantity handlers are required to ship their waste to either another handler,a universal waste transfer station, a recycling facility,or a disposal facility. ah r On February 9,2004, regulations took effect in California that classified all discarded fluorescent lamps as hazardous m waste.This includes even low mercury lamps marketed as"TCLP passing"or"TTLC passing."No one in California is allowed to discard their fluorescent lamps and batteries as nonhazardous solid waste(as ordinary trash). N Televisions and computer monitors also cannot be disposed to the trash.Most televisions and computer # monitors are currently considered hazardous waste when they have lived their life and are ready for recycling or ,� ) disposal, including cathode my tube(CRT), liquid crystal diode(LCD),and plasma monitors.These items may not be put in the trash. RFor a more information about the details of most universal wastes,contact the California Department of Toxic m Substance Control.Also see the OTSC Web page on universal waste. For information about electronic waste specifically,see the California Integrated Waste Management Board's a-waste Web site,Electronic Product 00 Management,or contact ewastet®calrecvcte.ca.gov. N .. __ ..._ . .. ............ ...... . . ...... ... .. .. .................. .. ......... c 0 Last updated:May 16,2006 Used Oil&Household Hazardous Waste Program,htto AM I ra o /HomeHazWasW o Contact I1sedOIIHFIWRcal le 0 SL(916)3416507 w U a a Conditions of Use I Privacy Policy ©1995 2011 California Department of Resources Recycling and Recovery(CalRecycle).All rights reserved, c d E z http://www.calrecycle.ca.gov/HomeRazWaste/UWaste/default.htm Packet Pg.279 Universal Waste Page 1 California. Department of Toxic Substances Control Universal Waste ..................................... .......................................................................................................................................... Universal Waste is a universal problem 0 v d c o rn c II t m J d d N Universal wastes are hazardous wastes that are generated by a wide variety of people that contain mercury, lead, cadmium, copper and other substances hazardous to human and environmental health. In general, universal waste may not be discarded in solid waste landfills. Examples of these wastes are batteries, Fluorescent tubes, and some electronic devices. The best M way to reduce the harmful effects of the wastes on human health and the environment is to N reduce consumption. The next best thing is to make sure you DONT throw them in the trash! n NEWT I! Z Updated Universal Waste Fact She 4' J Information on the Mercury Thermostat Collection Act of 2008 in c 0 Types of Universal Wastes and What makes them Hazardous g Batteries--Includes all batteries,AAA,AA,C, D, button cell, 9-volt, and all others, both rechargeable and single use--Cadmium, Copper and(In older batteries) Mercury to Cell Phones—Antimony ,Arsenic, Beryllium, Cadmium, Copper, Lead, Nickel,Zinc c ! d ! Computers and Computer Monitors-Arsenic,Cadmium, Lead, PCBs Electronic Devices--lead Q . Fluorescent Lamps—Mercury Information on the Mercury Thermostat Collection Act of 2008 Mercury wastes like thermometers and toys—Mercury Non-empty Aerosol Cans--Propane, Butane, Pesticides Televisions—Arsenic,Cadmium, Lead, PCBs hUv://www.dtsc.ca.gov/HazardousWaste/(hriversalWaste/index.cf n 1 Universal Waste Page 2 Information for Generators, Handlers,and Recyclers Information on proper management of Universal Wastes Certified Appliance Recyclers page Do you need an EPA ID number? File a Notification or Annual Report for UWEDs and CRTs Where to Take these Wastes? Join Oscar the Grouch's"Not in My Trash Can-paign"by keeping `o universal wastes out of the trash. c Find a Take it Back Partner to properly recycle your Fluorescent lights, , 0 batteries,and electronic wastes. m � U t r m J d d fA M e CalRecycle's database has a list of business that collect and recycle all types of universal wastes in California eRecvcle.org is specially designed for recycling electronic wastes and answering any additional questions m N Earth911.0ro lists information on all facilities that collect and recycle universal wastes and household # hazardous wastes ` a DTSC's UWED&CRT databas e has a list of all collectors and recyclers in California that handle electronic devices. J v N C O What about Major Appliances? .m Major Appliances contain mercury and other ozone depleting chemicals that are dangerous for human and environmental health.These appliances include the following items. N washing machine E clothes dryer hot water heater Q dehumidifier conventional oven or microwave oven stove refrigerator or freezer air-conditioner 4v trash compactor PacketPg.281 htt p://www.dtsc.ca.gov/HazardousWaste/UniversalWaste/index.cfin California Identification(ID)Numbers Page 1 California Department of m: Toxic Substances Control Califomia Identifcation.(ID).Numbers ..................................................................... .. .. . . DTSC issues permanent California ID numbers to generators,transporters and disposal facilities not regulated by the U.S. Environmental Protection Agency(U.S. EPA)for the purpose of tracking hazardous waste. California ID c numbers are site-specific and owner-specific. The ID number enables regulators to track the waste from its origin to the final disposal("cradle to grave"). An ID number identifies each handler of hazardous waste on a hazardous waste manifest and other purposes. Some activities are exempt from having an ID number. The U.S. EPA issues federal ID numbers. U c Click on one of the links below to go directly to a specific topic: J What is an ID Number? Who Needs an ID Number? Types of ID Numbers y Generating_5 or More Tons of Hazardgua Waste n Search for an ID Number Changing Information on an Existing ID Number 2011 Verification Ouestionnaire and Manifest Fees Assessment ID Number Verification Ouestionnaire w u E Forms Laws. Regulations and Policies R Contact Information K L Ol What is an ID Number? m An ID number identifies each handler of hazardous waste. See DTSC's EPA Identification i Numbers fact sheet for general information and answers to the most common questions about ID �+ Numbers. 2 0 m g c Who Needs an ID Number? N Most generators, transporters and disposal facilities need an ID number to handle, store and/or 4 treat hazardous waste. E r Some businesses that generate and handle universal waste and businesses that generate less than 100kg per month of photographic waste containing sliver are exempt from having an ID a number. Types of ID Numbers California Permanent ID Numbers Businesses that generate waste on an ongoing basis must have a permanent ID number. To get a permanent ID number, you need to complete the required application, DTSC Form 1358. There is no fee to obtain a permanent ID number. Remember, if 5 or more tons of hazardous waste will be generated in a calendar year on your permanent ID number, generator fees may be due. Go to www.boe.ca-ciov/pdf/boe4OO-efa Ddf FacYreEPg.Z82=; bttp://www.dtsc.ca.gov/idmanifestlid_numbers.cfm California Identification(ID)Numbers Page 2 California Temporary ID Numbers f Temporary ID numbers (90-day numbers) are issued to people or businesses that do not P routinely generate hazardous waste. Call (800) 618-6942 to get a temporary ID number. Our hours are Monday through Friday 8:15 to 4:45, closed during the lunch hour. To get a temporary ID number after hours for a spill, call (800) 852-7550. There is no fee to obtain a 'I temporary ID number. Remember, if 5 or more tons of hazardous waste will be generated in a calendar year on your temporary ID number, generator fees may be due. Go to www.boe.ca.ciovli)df/bog4QO-efa.od f c U N Federal (RCRA) ID Numbers Waste regulated by the federal government under the Resource Conservation and C Recovery Act is known as "RCRA waste." If a business generates more than 1 kilogram of RCRA acutely hazardous waste per month or more than 100 kilograms of other RCRA waste per month, they must have a federal ID number that Is Issued by U.S. EPA. Remember, if 5 or more tons of f hazardous waste will be generated in a calendar year on your federal ID number, generator fees may be due. Go to www.boe.ca.gov/pdf/boe400-efa.pd f m N i Generating 5 or More Tons of Hazardous Waste If you generate 5 or more tons of hazardous waste in a calendar year regardless of the final disposition of the waste on an type of ID number, California permanent or temporary; or federal # permanent or temporary, you must contact the Board of Equalization to obtain a generator fee Q account number. Please contact the Board of Equalization if you have any questions regarding the requirements of registering, at htti2://www.boe.gg.ciov/r)df/boe4OO-efa.pdf or at (916) 323- _ 9555 m N Search for an ID Number `o In DTSC's Hazardous Waste Tracking System (HWTS) you can look up facility and manifest h information by searching by ID number, address or business name. Go w to www.hwt5,dtsc,ca.gov and click on Reports. .Q N C Changing Information on an Existing ID Number E v If you move your business, have a change in ownership or simply change your mailing address, 's you should notify DTSC of these changes immediately by completing DTSC Form 1358, a 2011 Verification Questionnaire and Manifest Fees Assessment DTSC will mail the 2011 Final Notice Verification Questionnaires (VQ) and Manifest Fees Assessments early November 2011. Dedicated telephone lines and staff will be available after the mailing to answer calls regarding the Verification Questionnaire and Fees Assessment. The phone number is (877) 454-4012 (toll-free when calling from within California) and (916) 255-4439 j (local or outside California). http://www.dtsc.ca.gov/idmanifest/id_numbers.efin 1 P acke tPg.'28$' California Identification(ID)Numbers Page 3 easaaaaaas Please note that the telephone lines will be extremely busy for several weeks after the mailing. In order to assist you in completing these forms, DTSC has compiled answers to common questions about the forms. The Frequently Asked Questions about the Verification Questionnaire and Manifest Fees Assessment are located at http,//www.dtsc.ca,aov/IDManifest/VO FAO.cfm ID Number Verification Questionnaire DTSC sends out a verification questionnaire to businesses holding permanent federal or California ID numbers. Businesses are required to respond with any updates to their business information. Failure to respond to the verification questionnaire will lead to inactivation of the ID number. An ID Number Verification Fee and Manifest Fee assessment is included with the verification $ questionnaire. Fees are assessed for holders of ID Numbers. Questionnaires are mailed A annually. Additional fee Information is available in the Hazardous Waste Fee Summary. e V EPA ID Number Verification Questionnaire & EPA ID Number and Manifest Fee Assessment FAQ5 L Hazardous Waste Fee Summary a d N M , N Forms DISC Form 1358 is used for updating information on a California ID number, applying m for a new California ID number, inactivating a California ID number or reactivating a California ID number. U.S. EPA Form 8700-12 is used for updating information on a federal ID number and ` applying for a new federal ID number. The form includes extensive instructions. Please p review before printing the entire form. °i a m N a O Laws, Regulations and Policies View the California Health and Safety Code (HSC), Division 20, Chapter 6.5, and the E California Code of Regulations (CCR), Title 22, Division 4.5, Environmental Health. a N � Sections Relating to ID Numbers: c (1) Title 22, CCR 66262.12 E (2) Consolidated Transporter Customers: HSC 25160.2 (3) U.S. EPA Regulations in 40 CFR Sections 261.5 and 262.12 (4) ID Verification Requirement and Fees: HSC 25205.16 (5) Manifest Fee: HSC 25205.15 Contact Information California DTSC - Generator Information Services Section Dial (916) 255-1136 if you are calling from outside California. Dial (800) 618-6942 If you are calling from within California. Dial (800) 852-7550 for ID number issuance after hours for emergency or spill. http://www.dtsc.ca.gov/idmanifest/id—numbers.cfm California Identification(ID)Numbers Page 4 U.S. EPA (Federal) Region 9 - San Francisco Dial (415) 495-8895 for a federal ID number. Dial (415) 947-4400 for ID number issuance after hours for emergency or spill. Conditions of Use I Privacy Policy Copyright©2007 State of California I 0 v m 0 0 U G L P J d d N M t` N o. d K L m d N 0 U w Z NE C d E 0 i x Q I i http://www.dtse.ca.gov/idmanifesVid—numbers.cfm I EPA ID Numbers I Pacific Sotrthwest: Waste US EPA Page 1 I hV,,mva.eW 9alreryan9Masle(epenurecorer Pacific Southwest,Region 9 Moment:Adzca,Ca9lania,Hawaii,Novara,Padbclsands,Tribal Naons EPA ID Numbers Dn Mi.page: Xaw b Ntln M FPA IFeaeall RCM ®NraMe - Hoarld,OM_ EPA IFetle RCM ID Numb DoY Ak Nee C,i(a SWb IDNUmbeR Ishand RCRA ID Nods,salons.Far lawed,rtdly by Foods,salons.Far The period Wasavaton and Reamny Aot(RCRM requires individuals who generate or transport hazardous waste,or who assets.In detemmrYlt pyce nine. opemste a phonily rrcracyding,b®ds ,storing,or disposig(TS0)of hazardous waste,to nody EPA or MI audwdzed Slate federally n9Malad haard.wain,help waste management Micro,w Neil mentioned waste acsvitins and obtain a US EPA Identificuse.(10)Nenba(ace known as a In obtaining an EPA ID,or M codes, RCM ID Number).FMn,uh,asome rowan,senew Used Oil,and Sogera8ndutirial F..may require a US EPA ID Number, normamn M et eyhbM ID,please O too.Ifyw as regained and dg cut lei,with the RCRA mdfication reconstructs.you may be swinet W del and clonal pnledte.1"oprtaeagmrylkmd Mlw Fer Ole stare In xHdl see haddy in of perelties. paled. Forlooliamin Admm,awace C The ,,Mnceden of Regulaed N9ste Activity(PPA Form 6/0612)and pdzare Deladmentat Enwmmnana (� associated!MSbuctionsare destpned to heap you detMnyne if you ere RCIIII Cmdw-ta•Graye Duaay(ACEQ) su act Mike uilanmte uMer eas Resource C.aerration and Hazardous Wasu Manaeament Systara m b rep HaaNOa Wade Mottos C Reavay Ad(RCRA)far.,Bybg EPA Oran awhodzed slate of your ii 10 WaeMrgMn St 14154-i regulated wash activities. f.)nk,235002 IT A US EPA ID Number is cle-spndge(cannot when issued to a — FarbwBOa in Dafifamla,Amedan N barnpWe,)and nememnl(uweas eased as a Pmvielonal cpebM,as R.Urm.r. Haardn4a Haeauaes Samoa.Guam,Cemmonw Iw.1 dismuned below).It dcea Ml onew with do--I axna/opealer waY Haab ants lMdham Marknaa Islands(CNMl),or N C.eneranbn haniPOraa4on Olyreiel should they r,orele unless 0la ownalaperebrisa hansporiour his used an Tribal lama,conned: by EPA bate hmardues wholes from We p,nt of gmMntlon to Me U.S.EPA Regim9 avy fin,disposal tile,also knosm as the°cradle-ln9ava'ryde.Ome a UM RCRA NOIf Iimslnandlcl by EPA ID number Is sseigned I ..peufic physic,location,it berate solely to that Incas..and Matt bwong M any ovmelwapantaa anbedrt.Teha Tech) V ,Van location."Ore RCRA EPA tofer One RCRA SubttleCShe'.4Men a bcausesa,bated an a,le where a US EPA ID ngIMer T HanMomeM LASTS San Fe.d.oc CANIM ta'f 1 .j,c mows W anWher location(even within Me same State or Wwn)Me 10..Mar at be badhaaml Mthe Mane Magon and N anew to number reallocated at Me new Mention.A new farm u squired when moraling or requesting a new UM EPA ID nanba.g (415)06-8895 N at Me new locillon,a RCRA haawd..ware l0 number had personal}•been ksued!M Me forma amerloparata,Me nmmw for DoY Alen Naeda Cdllnnia 9rwalD Me physical MertonwX Men In...tgned to Me new requester.ga nunMa had never been Issued her M,physial locas.n,a Number?, # new number wit be issued In Me new requester. ForlecmonsMHawan,emles: "M Hwra9 Departures 0 Flaunt Soma US EPA 10 rwmbers are nd pemane,;May are Prollslanal rwmbas and temporary M mahae.They are Issued he Sold ud H emegenq atempomery one time Goan-ups.Provbioml EPA ID numbers ere v,H 1a 90 tlays,Men In9etiyatetl M ice NetlaMl Bib Nor Fbma awkvaw,Room 212 IbrndrW,H1 96814 system. (ong 5004226 J I To detamoe if your 1pcason already has been assigned a US EPA Hasuwous Waste I nulrMa,look in EPA's Endiclads Fwddes Deialn Nevaesweet Moulanuee database by to 00al nex6e,fir,(he Mare bput in Me Sate you want W avach within). Nevada Dwaion,EnNromcenhl Powern(NDEP) N Duran.a Wha-M- - t C Do You Also Need a California state ID Number? 961 sStrwart Sher 6ulte 4b0l O canon sly,W Been C,gomoh Department of Tonic Substances Canlml lases p anywanl Calgomw lD munchers b domiiWn,halsp.rtas and (ymsal8vai D cl.,wa,Made.red regulated by Me U.S.EPA for Me purpoaa.f occur,hazerdwawasW.Thane lD Namben are issued uMer ForemprgaMy spills,only when state �= u Glibmie SMte auMnrly. Rea amaaeQPkaacoHau y following number for all watch N For complete infamallon,phase visit)TSC's Mercer,Wade 1846 stales.The out,ORCerv,l new your call appropriately depending on your = CA DepaMnent of Toxic Substances Whlml location. y (000)6166812 On C,garya) (00q cone-2191 L ` prun 2561 iW low a State) warm 9 Fmdess,Remown Y A z a waaon B Movement Grants&FUMMg Medn,Center Mow R.M.9 Ragan 9 program US-Maaa Bonder Caron AZlrtlu last updalN on TM1UMey.December 15.2011 hup://www.epa.gov/regioD9/waste/epanums.htm] ® Fact Sheet, November 2007 i { EPA Identification Numbers for Generators o � Regulatory Assistance Officer's Notes: o The Department of Toxic Substances Control(DTSC)Regulatory Assistance Office rn prepared this fact sheet to provide general information about EPA Identification Numbers. Throughout the online version of this fact sheet,numbers in blue 66262.12 represent citations from the California Code of Regulations or the Cali- fornia Health and Safety Code. Clicking on the blue numbers will take you to sites d containing the regulations. If you generate hazardous waste,you should consult with your Certified Unified Program Agency(CUPA). Finally,DISC strongly en- courages all businesses that generate hazardous waste to consider waste minimiza- tion, source reduction,and pollution prevention. w m N © What is an EPA ID Number? .E a I This number,issued either by the U.S.Environmental Protection Agency(U.S.EPA j ID Number),or by DTSC(California ID Number), identifies each handler of ha- tc, zardous waste on hazardous waste manifests and other paperwork. The ID Number a enables regulators to track the waste from its origin to final disposal("cradle to grave.')With the exceptions discussed later in this guidance,most hazardous waste U) ' generators must have an ID Number before a registered hazardous waste transporter o will accept the waste for shipment. All hazardous waste transporters and permitted u treatment, storage and disposal facilities must have ID numbers. !, m a y Are State and Federal laws the same? r E E r v The federal hazardous waste law(the Resource Conservation and Recovery Act,or 'y4 "RCRA")allows states to enact their own hazardous waste laws,which must be at Q least as stringent as the federal laws.The requirements under California law are more stringent than the federal criteria.Wastes that pass the federal hazardous waste criteria but fail the California criteria are called"non-RCRA"or"California-only" hazardous wastes.Wastes containing corrosive solids,asbestos,nickel or zinc are examples of common California-only hazardous wastes.Other states may not con- sider California-only wastes hazardous. Federal law also exempts generators of small quantities of waste from many federal waste management requirements. Packet Pg.287 i How many ID Numbers do I need? 2.Businesses whose ONLY hazardous waste `... generation is 100 kilograms or less per month of ID Numbers are site-specific and there is normal- waste that is hazardous solely because of its sil- ly only one number at a business address. If you sil- ver content("silver-only waste')do not need an have a business that generates waste at multiple ID Number. This is true even if they treat the addresses that are not physically connected(con- waste to reclamation. S units and then send the tiguous),each address needs a separate ID Num- silver for reclamation. See Health and Safety ber. In the case where generators are Code section 25143.13. Also see the DISC Fact s Sheet,"On of Tiered Permitting Chan fes in independent businesses that operate in suite e within the same building, each business must elation of Silver Wastes." c have their own ID Number. If you are not clear as to whether you operate on one site or multiple 3.Businesses that generate and manage less than c sites,contact your local environmental agency or 11,000 lbs(about 5 tons)of universal waste on- a the DTSC information resources listed at the end site at any one time may need to get a Federal c of this fact sheet. EPA number.For information about obtaining a W Federal EPA number, call(415)495-8895. For R information about Universal Waste,see DTSC's Do I need a U.S. EPA ID Number, or a "Mannar Universal Waste in California". in California ID Number? M r In summary,except for the above-mentioned ex- If you generate more than 1 kilogram of RCRA emptions,if you generate only non-RCRA ha- n acutely hazardous waste per month or more than 100 kilograms of other RCRA waste per month zardous wastes,or you generate less than 100 N you must get a U.S.EPA ID Number. If you kilograms of RCRA hazardous waste per month # \v 0. generate 100 kilograms or less of RCRA waste (or less than 1 kilogram of RCRA acutely ha- • or one kilogram or less per month of acutely ha- zardous waste),you must get a California ID r Number. If you generate more than 100 kilo- ! zardous waste,and meet certain other require- grams of RCRA waste per month or more than I rn ments,you are exempted by U.S.EPA from 3 kilogram of RCRA acutely hazardous waste per d many of its regulations, including the require- month,then you must get a U.S.EPA ID Num- 2 ment to have an EPA ID Number. These bust- ber. nesses are called"conditionally exempt small- 0 j quantity generators",or CESQGs. The regulate- 1 ry citation is 40 CFR section 261.5 1 used to be exempt from ID Number w requirements.What happened? n N I However,California regulations do not have an equivalent small quantity generator exemption. The passage of Senate Bill 271 (effective January E Almost all business generators of hazardous 1,2002)removed the exemption that once al- waste in California that are not required to have a lowed small generators of used oil and solvents to z U.S.EPA ID Number must in practice,have a offer waste for transport without an EPA ID California ID Number. See California Code of Number(former milkmn or modified manifest Regulations title 22,section 66262.12. Howev- procedures.) er: The Consolidated Manifesting procedure that re- f. Generators handling only hazardous waste placed the milkrnn manifesting procedure re- produced incidental to owning and maintaining quires that generators using consolidated their own place of residence do not need an ID transporters provide them with an ID Number. Number,either federal or state. Packet.Pg. 288 men4 removing underground tanks,and remov- ing hazardous wastes that were abandoned in a How do I get an EPA ID Number? leased building. A California temporary number is only valid for non-RCRA(California only) Handlers of RCRA waste who need an U.S.EPA waste or when the total RCRA waste hauled is ID Number must send a`Notification of Regu- less than 220 pounds or 27 gallons per month. lated Waste Activity",form 8700-12,to the U.S. To get a California temporary ID Number,call EPA contractor at the address given in its in- DTSC at(800)618-6942(in-state)or(916)255- structions. You can request this form by calling 1136(out-of-state.) U.S.EPA also issues provi- sional 495-8895,or you can download the form sional ID Numbers for non-routinely generated c from the U.S.EPA web site. federal wastes. Temporary and provisional ID ; Numbers are valid for a maximum of 90 days but can be used to haul any amount of hazardous t`o� Handlers who do not need a U.S.EPA ID but do waste that has been generated at the site before c need a California ID Number can obtain it by and during that period. Holders of temporary _ completing and submitting the"California Ha- Numbers are not charged EPA ID verification m h zardous Waste Permanent ID Number Applica- fees. :3 lion",DTSC Form 1358 by mail,email,or fax. 2 You can download the form from the DTSC in Do I need to get a new ID Number if I website or you can request a blank form bycall- move my business? n ing DTSC at 800-618-6942. DTSC no longer is- sues permanent ID Numbers by telephone. M u> Yes. If you have a California ID Number, submit N Am I charged fees for the issuance of the one DTSC Form 1358 to deactivate your old at number, and another to request that a number be ID Number? issued for your new location. This is also true if s you are selling or buying a business; the seller t There is no charge for issuing the number,but must inactivate the old number and have the new M DTSC is required to collect an annual business owner submit a DTSC Form 1358 to have a new J information verification fee for each permanent m P number issued. If you have a U.S. EPA ID ID Number. The fee is based on the number of Number, these actions are done through the use N employees in the entire organization. If your of Form 8700-12, `Notification of Regulated business has fewer than 50 employees,the fee is Waste Activity". v zero. There is no verification fee for a Tempo- rary ID Number. Frequently Asked Questions n, about the ID Number verification process and manifest fees are available on the DTSC website. I've always wondered: do the letters in front of the ID Numbers mean anything? E v I usually don't generate hazardous waste, Early federally—issued ID Numbers had two let- but I recently generated some. Can I get ters corresponding to the generator's state and a temporary EPA ID Number for this one ten digits. Current ID Numbers consist of three time event? letters followed by nine digits.The significance of those letters is as follows: DTSC issues temporary(or"provisional")ID Numbers to people or businesses that do not rou- timely generate hazardous waste. Examples of non-routine activities include asbestos abate- S.F.c t © EPA ID Numbers California ID Numbers CAL State permanent number. CAR Federal permanent number currently be- CAC State provisional or emergency number. ing issued. CAH State provisional or permanent number CA Federal permanent number that preceded issued for Household Hazardous Waste j the CAR prefix. ID numbers with a CA Collections. prefix are still valid,but have not been is- CAI State permanent number issued for Exot- sued since February 1995. is Pest Detection. CAD Federal permanent number that preceded CAE State provisional number issued for re- 0 moval of hazardous waste caused by a the CA prefix,or a State permanent or natural disaster. provisional number issued before 1988. CAF State permanent number issued for farm L) ID numbers with a CAD prefix have not used oil W been issued since August 1993. c CAS State permanent number issued for p CAT Federal permanent number that preceded Emergency Response. O1 the CAD prefix. CLU Clandestine Drug Lab cleanup. d CAP Federal provisional or emergency number CAX State permanent or provisional number d currently issued. issued before 1987. A CAX number is m no longer a valid ID number. n CA99 State permanent number issued to cruise ships. N 7 ® DTSC Regulatory Assistance Officers provide .� informal guidance regarding management of ha- d zardous waste for the convenience of the public. m Such advice is not binding upon DTSC,nor does Lrn it have the force of law. If you would like a for- d mat opinion on a matter by DTSC,please contact the responsible program office directly. in c 0 You should also refer to the statutes and regula- tions, DTSC Policies and Procedures, and other E U formal documents. o. N If you cannot find the answer to your question in this fact sheet, contact your local DTSC Regula- E tory Assistance Officer directly. You can reach them toll-free at 800-728-6942, or contact them 4 through email at RAO@dtsc.ca.gov. Packet Pg. 290 i CONTRACT AGREEMENT o U d C O U m t m J d d Vl r N O_ L J d d N C O O L d 6 N C d E L d d x a AGREEMENT �^ CITY OF SAN BERNARDINO THIS AGREEMENT is made and concluded this day of between the City of San Bernardino(owner and hereinafter"CITY"), and (hereinafter "CONTRACTOR'). 1. For and in consideration of the payments and agreements hereinafter mentioned, to be `0 made and performed by the CITY, and under the conditions expressed in the bond as deposited with the CITY, receipt of which is hereby acknowledged, the CONTRACTOR agrees with the CITY, at the CONTRACTOR's own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to r y complete the said project in accordance with the conditions and prices stated in the Bid Documents, j the Special Provisions and Conditions and Provisions for Community Development Block Grant federally-funded projects, in good workmanlike and substantial manner the N REPAIR, REPLACEMENT AND UPGRADE OF THE STREET LIGHTING SYSTEM AT VARIOUS LOCATIONS IN THE CITY OF SAN BERNARDINO N �r (INCLUDES COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS) # n in strict conformity with Plans and Special Provisions No. 12853 and also in accordance with Standard wo Specifications for Public Works/Construction, latest edition in effect on the first day of the advertised "Notice a Inviting Sealed Bids" for this project, on file in the Office of the City Engineer,Public Works Department, City of d San Bernardino, which said Plans and Special Provisions and Standard Specifications are hereby especially referred to and by such reference made a part hereof. 0 2. Contractor agrees to receive and accept the prices as set forth in the bid schedule as w full compensation for furnishing all materials and doing all the work contemplated and embraced in .a this agreement; also for all loss or damage arising out of the nature of the work aforesaid or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the d work and for all risks of every description connected with the work; also for all expenses incurred by E or in consequence of the suspension or discontinuance of work, and for well and faithfully completing the work and the whole thereof; in the manner and according to the Plans and Special a Provisions, and requirements of the Engineer under them. 3. The Contractor herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed,religion, sex,marital status,national origin, or ancestry in the performance of this contract, nor shall the Contractor or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection of subcontractors,vendees, or employees in the performance of this contract. .Packet Pg...292 AGREEMENT: REPAIR, REPLACEMENT AND UPGRADE OF THE STREET LIGHTING SYSTEM AT VARIOUS LOCATIONS IN THE CITY OF SAN BERNARDINO 4. City hereby promises and agrees with the said Contractor to employ, and does hereby j employ the said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions above set forth; and the same parties for themselves, their heirs, executors, administrators, and assigns, do hereby agree to the full performance of the covenants herein contained. 5. It is further expressly agreed by and between the parties hereto that should there be 0 any conflict between the terms of this instrument and the bid of said Contractor,then this instrument t: shall control and nothing herein shall be considered as an acceptance of said terms of said bid conflicting herewith. `- t . IN WITNESS WHEREOF,the parties of these present have hereunto set their hands the year d N and date first above written. M CONTRACTOR CITY OF SAN BERNARDINO N NAME OF FIRM: # .Q BY: z CHARLES E.MC NEELY, City Manager p City of San Bernardino to d BY.• a c 0 TH E: ATTEST: c MAILING ADDRESS: c N GEORGEANN HANNA m City Clerk E u m Q PHONE NO.:C—j APPROVED AS TO FORM: JAMES F.PENMAN, City Attorney `+..- NOTE: Secretary of the Owner should attest. If Contractor is a corporation,Secretary should attest. Packet Pg.293 F1LE NO.7. ACCT N0. 119 400-5502-2019-0092 CITY OF SAN BERNARDINO STATE OF CALIFORNIA ADDENDUM NO. ONE BID AND CONTRACT DOCUMENTS PLANS AND SPECIAL PROVISIONS NO. 12853 0 U FOR REPAIR, REPLACEMENT AND UPGRADE OF THE STREET LIGHTING SYSTEM AT VARIOUS LOCATIONS s IN THE CITY OF SAN BERNARDINO (INCLUDES COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS) M The Plans and Special Provisions for this project have been amended as follows: 1. REVISE the COVER SHEET of the Plans& Special Provisions as follows: z IS: BIDS WILL BE RECEIVED UP TO THE HOUR OF 10:00 A.M. zz WAS:BIDS WILL BE RECEIVED UP TO THE HOUR OF 2:00 P.M. o z w 0 G 2. As a"NOTE ONLY",the PLANS& SPECIAL PROVISIONS for this project are N as described on the second sheet entitled"DESCRIPTION OF THE COMPONENTS OF THESE PLANS AND SPECIAL PROVISIONS". Everything is bound together as the BID AND CONTRACT DOCUMENTS,PLANS & SPECIAL PROVISIONS E NO. 12853. There is no other separately bound set of Plans. R a ALL BIDDERS SHALL INDICATE RECEIPT OF THIS ADDENDUM NO. ONE AT THE BOTTOM OF THE BIDDER'S INFORMATION SHEET INCLUDED IN THE BID DOCUMENTS OF THESE SPECIAL PROVISION . BY: °C. DATE: 3/512 ROBERT G. ElStNBEISZ, R.C.E. V City Engineer ADDENDUM NO. ONE PLANS AND SPECIAL PR FII ENO. . ACCT NO. 119-400-5502-2019AM CITY OF SAN BERNARDINO STATE OF CALIFORNIA ADDENDUM NO. TWO BID AND CONTRACT DOCUMENTS PLANS AND SPECIAL PROVISIONS NO. 12853 0 FOR REPAIR, REPLACEMENT AND UPGRADE W OF THE STREET LIGHTING SYSTEM AT VARIOUS LOCATIONS IN THE CITY OF SAN BERNARDINO (INCLUDES COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS) rn The Plans and Special Provisions for this project have been amended as follows: M 1. REVISE the SECTION 21, :STREET LIGHTING", Sub Section 21-1.02 — No. 2. "Luminaires"of these Plans & Special Provisions as follows: $ d IS: Luminaires -- Cobra head luminaires shall be high pressure sodium type, G.E. M-250 A2 Power/door Luminaire cutoff optics with integral ballast, and P.E. w` receptacle, wattage as directed,wired for 240 volt operation, and as directed by the Engineer, or approved equal. a Post top luminaires shall be high pressure sodium, G.E. WITS I OS3NO17(post top ballast and socket kit) and FORMED PLASTICS #FR199-PC8 (post top N globe with 8" neck), 100 watt, wired for 240 volt operation, or approved o equals,to match existing in project area, and as directed by the Engineer. 3 0 z WAS: Luminaires -- Luminaires shall be high pressure sodium type, G.E. M-250 A2 c Power/door Luminaire cutoff optics with integral ballast, and P.E. receptacle, z UJ wattage as directed, wired for 240 volt operation, and as directed by the °c Engineer, or approved equal. a N ALL BIDDERS SHALL INDICATE RECEIPT OF THIS ADDENDUM NO. TWO AT THE BOTTOM m OF THE BIDDER'S INFORMATION SHEET INCLUDED IN THE BID DOCUMENTS OF THESE PLANS t AND SPECIAL PROVISIONS. m z �y� a BY: '/ DATE: 317112- ROBERT G. ENBEISZ, R.C.E. City Engineer ADDENDUM NO TWO PLANS AND SPECIAL PRO Packet Pg. 295 N rrah� P p n 6 n nn W N n A N SYJ �rn ' �r �r ° '2rk 000000 ~ � O .�i, F � S^ rxi a =i �-Ib33Z Tom} " a pl � rtyl N fnii tll T m toil � � In In N In T� �T ay O 111 p9 [50 In � $ � m t' sr y� • y� I" � m nt � D m C �p O 2 Z° F o m p i +�f 55O OO y tl 2 E9 E E £ E £ a Z x l if P y9vS r7i o 'y ° y ° Pye � z € T un 'O O Im Q n m Y �z"S� f° 225. n y 3 m + y� S m o r m 1 P z = t O 59, n = A N° O r <0 ° C m 3p pE N S aY N y 9 gyy 9 K T y 0 Q P a " D z 'a 0 ~ m o ca L a 'o on o � yg U c 06d ktY O .Dy 2 Orn SSSTSS" S" SS' S" S" S" S" L" T I S" S" S" TTvT ITITIT TIT I I-, Fq I S' S" SSTTI;IT" € ^ Ina p1i1 :,—z, V m dii o m a o N 8 ° 8S °o ee° Oe ° OP °P °P8 °P ° 888 S $ SS88oGAmm°P ° P o °° m q o 0 , 0 c a ° � sP � � aua spa § o Ns9 9 A 0 9 1199Rss °$ s 4 'z r,, ° 88888 ° 888888 8888888 $ 8888 888 8888888 $ � N0 I=n /, y p a u N N F Z L A N WNN soaousoeoo ' 6UVye aN op000sso so ° zm 888858° 888888 °888 888588 °08 88 88N °° 8888881 Hy .my4 m o 6 N A r CI] Ngg " � P � asa9is $ � saN ¢ A o ~ E P 2 ° 8888 ° 8 °° 88888888 888888 ° 88888 888 88888888 ° 2n O N m mg °> wms , wwe N m � "ssNm v = P � ga , HWN a «! 0 88000e � o 8 N89 88sos oSg 88o � S 0 3 S AO '•Nj ' # 8 rm 8 ' ,.. 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PLANS AND SPECIAL PROVISIONS NO. 12853 FOR REPAIR, REPLACEMENT AND UPGRADE OF THE STREET LIGHTING SYSTEM AT VARIOUS LOCATIONS IN THE CITY OF SAN BERNARDINO (INCLUDES COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS) No. 549312 °) �. Exp.G/3/12 1 R-a 1rf GA?\k�s DEPARTMENT OF PUBLIC WORKS CITY OF SAN BERNARDINO FEBRUARY 2012 .. : BIDS WILL BE RECEIVED UP TO THE HOUR OF 10:00 A.M. ON MARCH 15 , 2012 f 4,0," r t FILE NO.7.37-2019 ACCT NO. 119-400-5502-2019-0092 CITY OF SAN BERNARDINO STATE OF CALIFORNIA ADDENDUM NO. TWO BID AND CONTRACT DOCUMENTS PLANS AND SPECIAL PROVISIONS NO. 12853 FOR REPAIR, REPLACEMENT AND UPGRADE OF THE STREET LIGHTING SYSTEM AT VARIOUS LOCATIONS IN THE CITY OF SAN BERNARDINO (INCLUDES COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS ) The Plans and Special Provisions for this project have been amended as follows: 1. REVISE the SECTION 21, :STREET LIGHTING", Sub Section 21-1.02 No. 2. "Luminaires" of these Plans & Special Provisions as follows: IS: Luminaires -- Cobra head luminaires shall be high pressure sodium type, G.E. M-250 A2 Power/door Luminaire cutoff optics with integral ballast, and P.E. receptacle, wattage as directed, wired for 240 volt operation, and as directed by the Engineer, or approved equal. Post top luminaires shall be high pressure sodium, G.E. #KITS 10S3N017 (post top ballast and socket kit) and FORMED PLASTICS #FR199-PC8 (post top globe with 8" neck), 100 watt, wired for 240 volt operation, or approved equals, to match existing in project area, and as directed by the Engineer. WAS: Luminaires -- Luminaires shall be high pressure sodium type, G.E. M-250 A2 Power/door Luminaire cutoff optics with integral ballast, and P.E. receptacle, wattage as directed, wired for 240 volt operation, and as directed by the Engineer, or approved equal. ALL BIDDERS SHALL INDICATE RECEIPT OF THIS ADDENDUM NO. TWO AT THE BOTTOM OF THE BIDDER'S INFORMATION SHEET INCLUDED IN THE BID DOCUMENTS OF THESE PLANS AND SPECIAL PROVISIONS. BY: '% L' ! DATE: 3/7/I Z ROBERT G. ENBEISZ, R.C.E. City Engineer ADDENDUM NO.TWO PLANS AND SPECIAL PROVISIONS NO. 12853 MARCH 7, 2012 FILE NO.7.37-2019 ACCT NO. 119-400-5502-2019-0092 CITY OF SAN BERNARDINO STATE OF CALIFORNIA ADDENDUM NO. ONE BID AND CONTRACT DOCUMENTS PLANS AND SPECIAL PROVISIONS NO. 12853 FOR REPAIR, REPLACEMENT AND UPGRADE OF THE STREET LIGHTING SYSTEM AT VARIOUS LOCATIONS IN THE CITY OF SAN BERNARDINO (INCLUDES COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS) The Plans and Special Provisions for this project have been amended as follows: 1. REVISE the COVER SHEET of the Plans & Special Provisions as follows: IS: BIDS WILL BE RECEIVED UP TO THE HOUR OF 10:00 A.M. WAS:BIDS WILL BE RECEIVED UP TO THE HOUR OF 2:00 P.M. 2. As a"NOTE ONLY", the PLANS & SPECIAL PROVISIONS for this project are as described on the second sheet entitled"DESCRIPTION OF THE COMPONENTS OF THESE PLANS AND SPECIAL PROVISIONS". Everything is bound together as the BID AND CONTRACT DOCUMENTS, PLANS & SPECIAL PROVISIONS NO. 12853. There is no other separately bound set of Plans. ALL BIDDERS SHALL INDICATE RECEIPT OF THIS ADDENDUM NO. ONE AT THE BOTTOM OF THE BIDDER'S INFORMATION SHEET INCLUDED IN THE BID DOCUMENTS OF THESE SPECIAL PROVISION . BY: DATE: 3/5//2 ROBERT G. EI NBEISZ, R.C.E. City Engineer ADDENDUM NO. ONE PLANS AND SPECIAL PROVISIONS NO. 12853 MARCH 5, 2012 DESCRIPTION OF THE COMPONENTS OF THESE PLANS AND SPECIAL PROVISIONS The "BID and CONTRACT DOCUMENTS" for this project consists of five (5) parts as follows: PART I — Administration PART II — Special Provisions - General Instructions To Bidders Technical Instructions PART III — Special Provisions - Federal Standard Provisions & Conditions APPENDIX - City Standards Manufacturer Information Apprenticeship & Recycle Standards CONTRACT AGREEMENT The above 5 parts are bound together in one (1) manual titled "BID AND CONTRACT DOCUMENTS" PLANS&SPECIAL PROVISIONS NO. 12853 REPAIR,REPLACEMENT AND UPGRADE OF THE STREET LIGHTING SYSTEM AT VARIOUS LOCATIONS IN THE CITY OF SAN BERNARDINO Contents for Bid and Contract Documents.doc TABLE OF CONTENTS PART I ADMINISTRATION, NOTICE INVITING SEALED BIDS A-1 INSTRUCTIONS TO BIDDERS IB-1 BID DOCUMENTS BID FOR UNIT PRICE CONTRACT B-1 SCOPE OF WORK B-3 BID FORM B-4 BID SCHEDULE B-5 BIDDER'S INFORMATION AND SIGNATURE & BIDDER'S INITIALED ACKNOWLEDGEMENT OF ADDENDUMS C-1 SPECIAL NOTICE C-2 DESIGNATION OF SUBCONTRACTORS C-3 WORKERS' COMPENSATION INSURANCE CERTIFICATION C-4 NON-COLLUSION AFFIDAVIT C-5 CONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS C-6 CONTRACTOR'S CERTIFICATION OF COMPLIANCE WITH DAVIS-BACON AND RELATED ACTS C-8 CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY C-9 FORM OF BID BOND C-10 MBE/WBE INFORMATION - GOOD FAITH EFFORTS REFERENCES MINORITY AND WOMEN OWNED BUSINESS ENTERPRISE PARTICIPATION CONSTRUCTION CONTACT PROVISIONS FOR FEDERALLY FUNDED PROJECTS CP-1 CONFLICT OF INTEREST CI- 1 DOCUMENT LIST DL-1 COMMUNITY DEVELOPMENT BLOCK GRANT( CDBG) CONTACT PROVISIONS Page 1-11 PART II SPECIAL PROVISIONS INSTRUCTIONS TO BIDDERS SECTION 1 - SPECIFICATIONS AND PLANS SP-1 SECTION 2 - BID REQUIREMENTS AND CONDITIONS SP-5 SECTION 3 - AWARD AND EXECUTION OF CONTRACT SP-11 SECTION 4 - CONSTRUCTION DOCUMENTATION,COMMENCEMENT OF WORK TIME OF COMPLETION&LIQUIDATED DAMAGES SP-13 SECTION 5 - LEGAL REQUIREMENTS SP-15 SECTION 6 - GENERAL SP-22 SECTION 7 UTILITIES SP-33 SECIION 8 - DESCRIPTION OF WORK SP-38 SECTION 9 - TRAFFIC CONTROL SP-41 SECTION 10 - MOBILIZATION SP-45 SECTION 11 - CLEARING&GRUBBING,UNCLASSIFIED EXCAVATION& UNCLASSIFIED FILL SP-47 SECTION 12 THROUGH SECTION 20 BLANK SP-50 SECTION 21 - STREET LIGHTING SP-51 SECTION 22 THROUGH SECTION 49 BLANK SP-54 SECTION 50 - REMOVAL&RESTORATION OF EXISTING IMPROVEMENTS EXCEPT STREET PAVEMENT SP-55 PART III SPECIAL PROVISIONS FEDERAL LABOR STANDARDS PROVISIONS (HUD-4010 ) SUPPLEMENTARY CONDITIONS OF THE CONSTRUCTION CONTRACT FEDERAL MINIMUM WAGES (Applicable 10 Business Days prior to the Date of Bid Opening To be inserted into Contract before Award and Execution of the Contract) APPENDIX CITY STANDARDS MANUFACTURER INFORMATION STATE OF CALIFORNIA, DEPARTMENT OF INDUSTRIAL RELATIONS & FEDERAL CODE OF REGULATIONS APPRENTICESHIP PROGRAM FOR PUBLIC WORKS CONSTRUCTION STATE OF CALIFORNIA,DEPARTMENT OF TOXIC SUBSTANCE CONTROL CALRECYCLE PROGRAM FOR UNIVERSAL WASTE COLLECTION &FEDERAL ENVIRONMENTAL PROTECTION AGENCY(EPA)REQUIREMENTS CONTRACT AGREEMENT PART I ADMINISTRATION NOTICE INVITING SEALED BIDS CITY OF SAN BERNARDINO Owner • NOTICE IS HEREBY GIVEN that the City of San Bernardino will receive bids for: REPAIR, REPLACEMENT AND UPGRADE OF THE STREET LIGHTING SYSTEM AT VARIOUS LOCATIONS IN THE CITY OF SAN BERNARDINO (INCLUDES COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS) in accordance with Plans and Special Provision No. 12853 in file in the Office of the City Engineer, Third Floor, San Bernardino City Hall. Plans and Specifications may be obtained from the City Engineer's Office, Third floor, City Hall, 300 N. "D" Street, San Bernardino, CA 92418, upon a non-refundable payment of $15.00 for each set if picked up in person. Upon request, the Plans and Special Provisions may be mailed for an additional charge of$10.00 per set., Electronic copy of the above documents are available upon request by contacting the City Engineer's Office and by providing a firm name, physical address, contact person, phone number and fax number for inclusion on the CITY's List of Plan Holders. It shall be the responsibility of those receiving electronic versions of the Plans and Special Provisions to provide the above listed information and confirmation of receipt of any issued addendum to the City Engineer's Office a minimum of one (1) business day prior to the scheduled day of the Bid Opening. Only those listed on the CITY's "LIST OF PLAN HOLDERS" and providing confirmation of any issued addendum shall be eligible to submit bids for this project. Deliver all bids to the City Engineer's Office, Third Floor, City Hall, 300 North "D" Street, San Bernardino, California, with the bidder's name and address, the specification title and number and "SEALED BID"clearly marked on the outside of the envelope Said bids will be received up to the hour of 10:00 a.m., on, Thursday, March 15, 2012, at which time all of said bids will be publicly opened, and examined and declared in the City Engineer's Conference Room,Third Floor,City Hall. A-1 The Contractor shall possess a Class "A" License or C-10 Electrical Specialty License at the time the contract is awarded. The prime Contractor shall perform, with his own organization, contract work amounting to at least 50 % of the contract price. All bids shall be signed, sealed and accompanied by cash, cashier's check, certified check or bid bond made payable to the City of San Bernardino, in the amount of ten percent (10%) of the bid. Such cash, check or bond shall be given as a guarantee that the bidder will enter into the contract if awarded to him. In the event the bidder refuses to execute said contract,the use by the public of the improvements will be delayed, and the public will suffer great damage. From the nature of the case, it would be extremely difficult and impractical to fix said amount of damages. Therefore,the CITY and the bidder agree that the above sum of ten percent shall be paid to the CITY upon the condition above set forth as liquidated damages and not as a forfeiture. All bonds furnished pursuant to this notice must be underwritten by a surety company having a rating in Best's most recent Insurance Guide of"A" or better. Bonds must be issued by a surety who is listed in the latest version of U. S. Department of Treasury Circular 570 and is authorized to issue bonds in the State of California. The Form of Bid Bond is contained in the Bid Documents in Part I of the Special Provision. Notarization of the signatures of both the Principal and the Surety and the Power of Attorney of the signing Surety shall accompany this form. The Contractor may substitute securities for any monies withheld by the Agency to ensure performance under the contract as provided for in Section 10263 and Section 22300 of the California Public Contract Code. A Non-mandatory Pre-Bid Meeting will be held on Thursday , March 1, 20121 at 10:00 a.m., in the office of the City Engineer, Public Works Division of Development Services, Third Floor, City Hall, 300 North "D" Street, San Bernardino, CA 92418. This meeting is to provide information, to answer questions, to inform bidders of MBEs/WBEs subcontracting and material supply opportunities, and to make the prime Contractor aware of the CITY's outreach program as it relates to minority hiring and participation. Bidder's attendance at this meeting is recommended, but the prime may certify that they are familiar with the program and attendance is not required. Attendance and/or certification may be used as part of the good faith effort. Certified minority (MBE/WBE) subcontractors and material suppliers for the San Bernardino area located in Caltrans District 8 are listed on the California Unified Certification Program (UCP) DBE Directory and can be obtained by accessing the directory on the California Department of Transportation DBE website at http://www.doLca.gov/hq/bep/index. This project is subject to the requirements of the United States Department of Housing and Urban Development. The Federal Labor Standards are provided in Part III of the Plans and Special Provisions for this project. A-2 Pursuant to law, the Mayor and the Common Council of the City of San Bernardino, by Resolution No. 90-358 and any and all amendments thereto which are hereby referred to and made a part thereof by references as fully as though set at length herein, have ascertained and determined the general prevailing rate per diem wages, and of per diem wages for legal holidays and overtime work for each craft or work classification required in the execution of contracts under jurisdiction of said Mayor and Common Council. Bidders are advised that this project is funded with Community Development Block Grant Funds. The requirements of the Davis-Bacon Act will apply to this project and those requirements will be enforced. The prime contractor and all subcontractors are required to pay their laborers and mechanics employed under this Contract, a wage not less than minimum wage classification, as specified in both the Federal and State Wage Decision when the Contract amount for the Prime Contract exceeds $2,000. The higher of the two applicable wage classifications, either State Prevailing Wage or Davis-Bacon Federal Prevailing Wage,will be enforced for all work under this Contract. The prime contractor is responsible for ensuring subcontractor compliance with Davis-Bacon and related Act Requirements. The Federal Labor Standards Provisions (HUD 4010) apply to this project Prevailing rates of wages for the State of California shall conform to Section 1773 of the California Labor Code. The general prevailing wage rates in the county in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. These wages are available from the California Department of Industrial Relations' Internet web site at http://www.dir.ca.gov/dirdatabases.html. General prevailing wage rates, in effect ten (10) days prior to the actual Bid Opening, which have been predetermined and are on file with the California Department of Industrial Relations are referenced and made a part thereof. The Davis-Bacon Federal General Decision Prevailing Wage Rates are available at http://www.access.gpo.gov/davisbacon/index.html. General Decision prevailing wage rates for the County of San Bernardino, State of California in effect ten(10) days prior to the actual Bid Opening, are referenced and made a part thereof. Said wages in effect ten (10) days prior to the Bid Opening shall be physically inserted into the Contract Documents prior to contract execution by the CITY and the Contractor. It shall be mandatory upon the Contractor to whom the contract is awarded and upon any subcontractor under him to pay not less than specified rates to all laborers, workers, and mechanics employed by them in the execution of the contract, and to prevent discrimination in the employment of persons because of race, creed, color, or national origin, as set forth in the provisions of Resolution No. 7414 of the Mayor and Common Council of the City of San Bernardino. This project is subject to federal trainee requirements for the employment of apprentices. The Contractor shall follow the Federal Regulation guidelines found in Part III of the Special Provisions. A-3 This project is subject to requirements for the employment of apprentices registered with the California Department of Industrial Relations, Division of Apprenticeship Standards. Additional information can be obtained at http://www.dir.ca.gov/DAS/PublicWorksForms.htm. The Contractor shall confirm that all apprentices are registered with an apprenticeship program that is in turn currently registered with the U S Department of Labor Office of Apprenticeship (DOLOA) and listed on the DOLOA website at http://oa.doleta.gov/. The City of San Bernardino (CITY) reserves the right to waive any informalities or inconsequential deviations from contract specifications, or to reject any and all bids. No bidder may withdraw his bid within 60 calendar days from the date of bid opening. The CITY reserves the right to take all bids under advisement for a period of 90 calendar days If there are any questions regarding this project, please contact the City Engineer's Office, in writing, as follows: City Engineer's Office San Bernardino City Hall 300 North"D" Street, 3'" Floor San Bernardino, CA 92418-0001 SUBJECT: REPAIR,REPLACEMENT AND UPGRADE OF THE STREET LIGHTING SYSTEM AT VARIOUS LOCATIONS IN THE CITY OF SAN BERNARDINO Attention: Tony Frossard, Tel: (909) 384-5020; Fax: (909) 384-5059 E-mail: Frossard_to@sbcity.org (with"Subject: Repair St. Lighting System") Inquiries or questions based on alleged patent ambiguity of the Plans or the Special Provisions must be communicated as a bidder inquiry prior to the bid opening. Any such inquiries or questions, submitted after the bid opening, will not be treated as a bid protest. Written responses will only be provided to written questions. No written response will be provided to verbal questions. CITY OF SAN BERNARDINO ,6— RACHEL G. CLARK City Clerk !� ,LGy NOTICE TO ADVERTISE: 0 SPECIFICATION NO. 12853 1C--12f4 . 76d- SHALL APPEAR IN FIRST ISSUE NOT LATER THAN DATE: 2/16/12 and 2/22/12 (FIVE DAYS BETWEEN FIRST & SECOND PUBLICATION) A-4 INSTRUCTIONS TO BIDDERS INSTRUCTIONS TO BIDDERS, ( See also PART II of These Special Provisions) 1. Receipt and Opening of Bids The City of San Bernardino, California (the owner herein called the "CITY"), invites bids on the form attached hereto, all blanks of which must be appropriately filled in. Bids will be received by the CITY at the Office of the City Engineer, 3rd Floor of City Hall until 10:00 A.M., THURSDAY, MARCH 15, 2012, and then publicly opened and read aloud in the City Engineer's Conference Room, 3rd Floor of City Hall. All bids shall be delivered to the City Engineer's Office, Third Floor, City Hall, 300 North "D" Street, San Bernardino, California, with the bidder's name and address, the specification title and number and "SEALED BID " clearly marked on the outside of the envelope for the following project: PLANS & SPECIAL PROVISIONS NO. 12853 REPAIR, REPLACEMENT AND UPGRADE OF THE STREET LIGHTING SYSTEM AT VARIOUS LOCATIONS IN THE CITY OF SAN BERNARDINO (INCLUDES COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS) The CITY may consider informal any bid not prepared and submitted in accordance with the provisions hereof and may waive any informalities or reject any and all bids. Any bids may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified shall not be considered. No bidder may withdraw a bid within 60 calendar days after the actual date of opening thereof. 2. Preparation of Bid Each bid must be submitted on the prescribed bid document forms and accompanied by the required bid contract documents following the bid forms. All blank spaces for bid prices must be filled in, in ink or typewritten, with unit prices both in words and figures, and all contract documents must be fully completed and executed when submitted. Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, his address, and the name of the project for which the bid is submitted. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed as specified in the bid form and mailed in sufficient time to reach the City Engineer's Office, 3rd Floor of City Hall prior to the day and hour of the scheduled Bid Opening. IB-1 3. Subcontracts The bidder is specifically advised that for any person, firm, or other party, to whom it is proposed to award a subcontract under this contract, the following applies: a. Must be acceptable to the CITY, and; b. Must submit CERTIFICATION BY PROPOSED SUBCONTRACTOR REGARDING EQUAL EMPLOYMENT OPPORTUNITY. Approval of the proposed subcontract award cannot be given by the CITY unless and until the proposed subcontractor has submitted the Certification and/or other evidence showing that it has fully complied with any reporting requirement to which it is or was subject. Although the bidder is not required to attach such Certifications by proposed subcontractors to his bid, the bidder is advised of this requirement so that appropriate action can be taken to prevent subsequent delay in subcontract awards. 4. Withdrawal of Bids A bid may be withdrawn by a written request signed by the Bidder. Such requests must be delivered to the CITY's designated official prior to the bid opening hour stipulated in the "Notice Inviting Sealed Bids" or an amended date and hour stipulated in a signed addenda to the Special Provisions. The withdrawal of a bid will not prejudice the right of the Bidder to submit a new bid, providing there is time to do so. Bids may not be withdrawn after said bid opening hour without forfeiture of the bidder's bid guarantee. 5. Qualifications of Bidder The CITY may make such investigations as he deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the CITY all such information and data for this purpose, as the CITY may request. The CITY reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the CITY that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Conditional bids will not be accepted. IB-2 6. Bid Security Each bid must be accompanied by cash, cashier's check, certified check of the bidder, or a bid bond prepared on the form of bid bond attached hereto, duly executed by the bidder as principal and having as surety thereon a surety company approved by the CITY, in the amount of 10% of the bid. Such cash, checks or bid bonds will be returned to all except the three lowest bidders within three days after the opening of bids, and the remaining cash, checks, or bid bonds will be returned promptly after the CITY and the accepted bidder have executed the contract, or, if no award has been made within 90 days after the date of the opening of bids, upon demand of the bidder at any time thereafter, so long as he has not been notified of the acceptance of his bid. 7. Liquidated Damages for Failure to Enter Into Contract The successful bidder, upon his failure to refusal to execute and deliver the Contract and bonds required within 10 days after he has received notice of the acceptance of his bid, shall forfeit to the CITY, as liquidated damages for such failure or refusal, the security deposited with his bid. 8. Time of Completion and Liquidated Damages Bidder must agree to commence work on or before a date to be specified in a written "Notice to Proceed" of the CITY and to fully complete the project within 40 Working Days thereafter. Bidder must agree also to pay as liquidated damages, the sum of $500.00 for each consecutive calendar day thereafter as hereinafter provided in the General Conditions. 9. Conditions of Work Each bidder must inform himself fully of the conditions relative to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful bidder to his obligation to furnish all material and labor necessary to carry out the provisions of this contract. Insofar as possible the Contractor, in carrying out his work, must employ such methods or means as will not cause any interruption of or interference with the work of any other Contractor. 10. Obligation of Bidder At the time of the opening of bids, each bidder will be presumed to have inspected the site and to have read and to be thoroughly familiar with the Plans and Contract Documents (including all addendums). The failure or omission of any bidder to examine any form; instrument or document shall in no way relieve any bidder from any obligation in respect of his bid. IB-3 11. Addenda and Interpretations No other interpretation of the meaning of the Plans, Specifications, or other pre-bid documents will be made to any bidder orally. Every request for such interpretation should be in writing addressed to the City Engineer, City Hall, 300 North "D" Street, 3rd Floor, San Bernardino, California, 92418- 0001; and to be given consideration, must be received at least six(6) working days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the Special Provisions which, if issued, will be mailed by certified mail with return receipt requested to all prospective bidders (at the respective addresses furnished for such purposes) not later than three (3) days prior to the date fixed for the opening of bids. Failure to any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the contract documents. 12. Security for Faithful Performance Simultaneously with his deliver of the executed contract, the Contractor shall furnish a surety bond or bonds as security for faithful performance of this contract and for the payment of all persons performing labor on the project under this contract and furnishing materials in connection with this contract, as specified in the Document List and Section 3, "Award and Execution of Contract", in PART II of the Special Provisions included herein. The surety on such bond or bonds shall be a duly authorized surety company satisfactory to the CITY. 13. Power of Attorney Attorneys-in-fact who sign bid bonds or payment and performance contract bonds must file with each bond a certified and effectively dated copy of their power of attorney. 14. Notice of Special Conditions Attention is particularly called to those parts of PART I, PART II and PART III of the SPECIAL PROVISIONS which deal with the following: (a) Inspection and testing of materials (b) Insurance requirements (c) Wage rates (d) Stated allowances IB-4 15. Laws and Regulations The bidder's attention is directed to the fact that all applicable State Laws, Municipal Ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written out in full. 16. Community Development Block Grant Funds Bidders are advised that this project is funded with Community Development Block Grant Funds. The requirements of the Davis-Bacon Act will apply to this project and those requirements will be enforced. The prime contractor and all subcontractors are required to pay their laborers and mechanics employed under this Contract, a wage not less than minimum wage classification, as specified in both the Federal and State Wage Decision when the Contract amount for the Prime Contract exceeds $2,000. The higher of the two applicable wage classifications, either State Prevailing Wage or Davis-Bacon Federal Prevailing Wage, will be enforced for all work under this Contract. The prime contractor is responsible for ensuring subcontractor compliance with Davis-Bacon and related Act Requirements. The Federal Labor Standards Provisions (HUD 4010) apply to this project and are included in PART III of the Special Provisions. Prevailing rates of wages for the State of California shall conform to Section 1773 of the California Labor Code. The general prevailing wage rates in the county in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. These wages are available from the California Department of Industrial Relations' Internet web site at http://www.dir.ca.gov/dirdatabases.html. General prevailing wage rates, in effect ten (10) days prior to the actual Bid Opening, which have been predetermined and are on file with the California Department of Industrial Relations are referenced and made a part thereof. The Davis-Bacon Federal General Decision Prevailing Wage Rates are available at http://www.access.gpo.gov/davisbacon/inde.thtml. General Decision prevailing wage rates for the County of San Bernardino, State of California in effect ten(10) days prior to the actual Bid Opening, are referenced and made a part thereof. Said wages in effect ten (10) days prior to the Bid Opening shall be physically inserted into the Contract Documents prior to contract execution by the CITY and the Contractor. A weekly certified payroll is required during the term of construction. Payment of invoice may be delayed when certified payrolls are not submitted weekly. The CITY shall make progress payments on any properly completed payment request submitted by the Contractor. The payment request shall not be deemed properly completed unless certified payroll form WE 347 has been properly completed and submitted on a weekly basis for each week worked during the time period covered by said payment request. IB-5 17. Notice of Requirement For Affirmative Action To Ensure Equal Employment Opportunity The bidder's attention is called to the "Equal Opportunity Clauses" and "Standard Federal Equal Employment Specifications" contained in COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CONTACT PROVISIONS in Part I of these Plans and Special Provisions. Goals and timetables for minority and female participation, expressed in percentage terms for the Contractors aggregate workforce in each trade on all construction work in the covered area, are 19% for minorities and 6.9% for women. 18. Attorney's Fees and Arbitration The prevailing party in any legal action to enforce or interpret any provisions of this Agreement will be entitled to recover from the losing party all attorney fees, court costs and necessary disbursements in connection with that action. The costs, salary and expenses of the City Attorney and members of his office, in connection with that action, shall be considered as attorney's fees for the purposes of this Agreement. Caltrans Standard Specifications Section 9-1.10 regarding Binding Arbitration is hereby specifically excluded from this Contract. 19. Method of Award -Lowest Qualified Bidder If at the time this contract is to be awarded, the lowest base bid submitted by a responsible bidder does not exceed the amount of funds then estimated by the CITY as available to finance the contract, the contract will be awarded on the base bid only. If such bid exceeds such amount, the CITY may reject all bids or may award the contract on the base bid combined with such additive alternates applied in numerical order in which they are listed in the Form of Bid, as produces a net amount which is within the available funds. 20. Bidding and Negotiation Requirements Attention of bidder is directed to the requirements of the U. S. Housing and Urban Development regarding bidding and negotiation requirements. Prior to the signing of the contract, a preliminary statement of work force needs, (skilled, semi-skilled, unskilled labor and trainees by category) shall be provided where known, where not known, such information shall be supplied prior to the signing of any contract between Contractors and their subcontractors. 21. Contractor Documents Required by HUD-CDBG Funding to be Submitted With Bid ( See DOCUMENT LIST, Page DL-1 ) IB-6 BID DOCUMENTS BID FOR UNIT PRICE CONTRACT PLACE CITY OF SAN BERNARDINO . DATE PROJECT NO 12853 Bid of -e e.5-} < a 9 VLCd ✓ f in C • ( hereinafter called "Bidder")* a corporation, organized and existing under the laws of the State of efa t.I 6`cn-‘ C&- , a partnership, or an individual doing business as Id tA,0 WeSf cA OWN_ � ) ac , To the City Engineer of the City of San Bernardino, California (owner and hereinafter called "CITY" ). Gentlemen: The Bidder, in compliance with your invitation for bids for the construction of: PLANS & SPECIAL PROVISIONS NO. 12853 REPAIR, REPLACEMENT AND UPGRADE OF THE STREET LIGHTING SYSTEM AT VARIOUS LOCATIONS IN THE CITY OF SAN BERNARDINO (INCLUDES COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS ) having examined the Plans and Special Provisions with related documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project including the availability of materials and labor, hereby proposed to furnish all labor, materials, and supplies, and to construct the project in accordance with the B-1 Bid and Contract Documents, within the time set forth therein, and at the prices stated below. These prices are to cover all expenses incurred in performing the work required under the contract documents, of which this bid is a part. Bidder hereby agrees to commence work under this contract on or before a date to be specified in written "Notice to Proceed" of the CITY and to fully complete the project within 40 Working Days , thereafter as stipulated in the Special Provisions. Bidder further agrees to pay as liquidated damages, the sum of $500.00 , for each consecutive calendar day thereafter as hereinafter provided in Section 4 of Part II of the Special Provisions. Bidder shall acknowledge receipt of addendum(s) on Sheet C-1 of these Bid Documents. *Insert corporation, partnership or individual as applicable. B-2 SCOPE OF WORK The CITY street lights to be repaired are 240 volt systems. The planned work will be on major streets in the City of San Bernardino and traffic control will be required. Inspection will be made by the Public Works Department. This inspection and the Bid Schedule will be the basis of payment to the contractor for the project. The work mainly consists of the installation of conductors and connections thereof. Following the construction and inspection of the this work, all pull boxes shall be secured with concrete per the attached CITY Detail and tamper-proof screws shall be used to secure pole hand-hole covers. The installation of additional pull boxes and conduit shall be part of the project to a lesser extent. The removal and replacement of complete street light pole assemblies shall be included, as required. The removal and replacement of foundations shall be included as required by CITY inspection. The Contractor shall be responsible for the complete repair of the circuit being serviced. In some cases the work shall consist of the replacement and connection of the conductors, inspection and approval of the work by the CITY and then securing the pull boxes and poles. In other cases, the replacement and connection of the conductors will show that lamps are not illuminated and more work will be required,at the fixture or fuse. Bid Items on the Contract Bid Schedule are the CITY's estimated items and quantities, and actual items and quantities may defer in the work of the project. Quantities of work shall be paid on a per item basis per the unit bid price on the Contractor's submitted contract Bid Schedule and Section 6, Part II of these Special Provisions. The undersigned bidder hereby agrees, if this bid is accepted, to furnish all material except as noted and do all the work required to complete said work in accordance with the specifications and instructions, and in the time and manner therein prescribed for the unit cost amounts set forth in the schedule on the following bid. The bidder also understands that there is no warranty or guarantee given or implied as to the total amount to be ordered as a result of this contract. The quantities stated in this bid are estimates, to be used for bid comparison purposes only. Specific street lighting repairs, installation of conductors, conduits, pull boxes or pole replacements will be ordered as needed. B-3 BID FORM TO THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO The undersigned declares that he has carefully examined the location of the proposed work, that he has examined the Plan and read the accompanying instructions to bidders and hereby proposes to furnish any and all required labor, materials, transportation and service for the REPAIR, REPLACEMENT AND UPGRADE OF THE STREET LIGHTING SYSTEM AT VARIOUS LOCATIONS IN THE CITY OF SAN BERNARDINO (INCLUDES COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS) in strict conformity with Plans and Special Provisions No. 12853 , of the Engineering Division, Department of Public Works for the City of San Bernardino and also in accordance with Standard Specifications for Public Works Construction, latest edition in effect on the first day of the advertised "Notice Inviting Sealed Bids". The undersigned proposes and agrees if this bid is accepted, that he will contract with the City of San Bernardino, in the form of the copy of the contract annexed hereto, to provide all necessary machinery, tools, apparatus and other means of maintenance, and to do all the work and furnish all the materials specified in the contract, in the manner and time therein prescribed, and that he will take in full payment therefor the following unit prices or lump sum prices, to-wit: B-4 BID SCHEDULE PLANS & SPECIAL PROVISIONS NO. 12853 REPAIR, REPLACEMENT AND UPGRADE OF THE STREET LIGHTING SYSTEM AT VARIOUS LOCATIONS IN THE CITY OF SAN BERNARDINO BID ITEM DESCRIPTION OF ITEMS QUANTITY UNIT UNIT PRICE TOTAL NO. With UNIT PRICE Written In WORDS (ESTIMATED) (FIGURES) (FIGURES) 1. REMOVAL & INSTALLATION OF STREET LIGHT POLES & FOUNDATIONS a. REMOVE Remaining Portion of Damaged Pole-High cc. Mast,at 5 EA JO'o/EA $ 2 50b Dollars & Cents per EACH b. REMOVE Damaged Foundation-High Mast, b,cx UG• at 1 EA $ J /EA $ (� rj11b Dollars & Cents per EACH c' REMOVE Remaining Portion of Damaged Pole and Cap-Post Top,at ` co A ct, 5 EA $5141 /EA $ 2/ Dollars & Cents per EACH d' REMOVE Damaged Foundation— Post Top, at J Dollars 1 EA $ �' o /EA $5v & Cents per EACH e. INSTALL FOUNDATION—High Mast,at 2,006.c° 1 EA $ /EA $�/�0. Oo Dollars gi Cents per EACH f. INSTALL POLE & CAP—High Mast (CITY oa Provided POLE),at Z5 00 5 EA $ /EA $ Dollars & Cents per EACH g• INSTALL FOUNDATION—Post Top,at )• CO ' 5 b 0 00 Dollars 1 EA $ /EA $ & Cents per EACH h. INSTALL POLE—Post Top(CITY Provided POLE)at na b. 0 0 Dollars 5 EA $ /EA $ & Cents per EACH B-5 BID SCHEDULE PLANS & SPECIAL PROVISIONS NO. 12853 REPAIR, REPLACEMENT AND UPGRADE OF THE STREET LIGHTING SYSTEM AT VARIOUS LOCATIONS IN THE CITY OF SAN BERNARDINO BID ITEM DESCRIPTION OF ITEMS QUANTITY UNIT UNIT PRICE TOTAL NO. With UNIT PRICE Written In WORDS (ESTIMATED) (FIGURES) (FIGURES) 2. INSTALLATION OF CONDUCTORS & CONDUIT a. INSTALL 2-THHN AWG#8 & 1-THHN AWG#10 21 5 r� -� � at Dollars 25,000 LF $ /LF $ (AI-7 b f & Cents per LIN.FT. b. REMOVE & REPLACE Damaged CONDUIT,at `'`- Dollars 100 LF $w` /LF $5i 000 • & Cents per LIN.FT. C. INSTALL 2-THHN AWG #10, at Dollars 1,200 LF $ 2 /LF $2 i il Ob & Cents per LIN.FT. 3. PULL BOX INSTALLATION, CONNECTION OF WIRES & SECURITY a. INSTALL PULL BOX — NO. 3-1/2, at O as Dollars 5 EA $� b /EA $ °7 WO & Cents per EACH b. CONNECT CONDUCTORS, at 19.0D .co Dollars 750 EA $ /EA $ I If ZS & Cents per EACH c. PREPARE & SECURE Pull Box with CONCRETE (per CITY Detail), at 150'00 250 EA $ /EA $3�j -" c� Dollars & Cents per EACH d. HAND HOLE COVERS for 1C123 Pole, at �,/1' (0QQ • 0 Dollars 20 EA $ •/v /EA $ & Cents per EACH e. TAMPER-PROOF SCREWS(Hex-Center/Pin), at 0 0 I J Pl/1h. 00 Dollars 500 EA $ 2 /EA $ VW & Cents per EACH B-6 BID SCHEDULE PLANS & SPECIAL PROVISIONS NO. 12853 REPAIR, REPLACEMENT AND UPGRADE OF THE STREET LIGHTING SYSTEM AT VARIOUS LOCATIONS IN THE CITY OF SAN BERNARDINO BID ITEM DESCRIPTION OF ITEMS QUANTITY UNIT UNIT PRICE TOTAL NO. With UNIT PRICE Written In WORDS (ESTIMATED) (FIGURES) (FIGURES) 4. FIXTURE INSTALLATION/REPLACEMENT a. POST TOP FIXTURE, at /�•tai c0 Dollars 5 EA $' /EA $ 3 7 SO• & Cents per EACH b. COBRA HEAD, 70W,at �'O ! 00 • v0 Dollars 5 EA $ •/EA $ ✓I lP & Cents per EACH C. COBRA HEAD, 100W,at '330' Q° I G 66. r'O Dollars 5 EA $ /EA $ / & Cents per EACH d. COBRA HEAD, 150W,at 350' ° j O CJD„• v Dollars 30 EA $ /EA $ I & Cents per EACH e. COBRA HEAD, 200W,at 335-0'' i to 1 l S.c'° Dollars 5 EA $ /EA $ & Cents per EACH f. COBRA HEAD, 250W,at O` W i _10p' O0 Dollars 5 EA $ /EA $ j & Cents per EACH g. COBRA HEAD, 400W,at f 0� Z Asj(� ' p0 Dollars 5 EA $ /EA $ / & Cents per EACH 5. LAMP, BALLAST, STARTER & PHOTO CELL a. REPLACE LAMP, 70W, at c 0 Dollars 5 EA $ /EA $ 1-5d• & Cents per EACH b. REPLACE LAMP, 100W, at `obi CO o0 Dollars 5 EA $ /EA $ & Cents per EACH 00 IP C. REPLACE LAMP, 150W, at 14, 5` 3�0 ' Dollars 30 EA $ /EA $ & Cents per EACH d. REPLACE LAMP, 200W, at ` 00 Dollars 5 EA $ 2,0 /EA $ kill`P & Cents per EACH B-7 BID SCHEDULE PLANS & SPECIAL PROVISIONS NO. 12853 REPAIR, REPLACEMENT AND UPGRADE OF THE STREET LIGHTING SYSTEM AT VARIOUS LOCATIONS IN THE CITY OF SAN BERNARDINO BID ITEM DESCRIPTION OF ITEMS QUANTITY UNIT UNIT PRICE TOTAL NO. With UNIT PRICE Written In WORDS (ESTIMATED) (FIGURES) (FIGURES) 5. LAMP, BALLAST, STARTER & PHOTO CELL ( Continued) e. REPLACE LAMP, 250W, at 12-0 I9 (SO I CO Dollars 5 EA $ /EA $ � & Cents per EACH f. REPLACE LAMP, 400W, at 12 Dollars 5 EA $ /EA $ le'L & Cents per EACH g. REPLACE BALLAST, 70W, at 32.0 j � 00 - 00 Dollars 2 EA $ /EA $ U' 1 & Cents per EACH h. REPLACE BALLAST, 100W, at '33°.") WO. Co Dollars 2 EA $ /EA $ & Cents per EACH I• REPLACE BALLAST, 150W, at ;EV35 Dollars 10 EA $ A $ & Cents per EACH J• REPLACE BALLAST, 200W, at (' '00 r- O• CO Dollars 2 EA $ /EA $ ' ' & Cents per EACH k. REPLACE BALLAST, 250W, at ty DO ( 'Z 00. co Dollars 5 EA $ /EA $ J & Cents per EACH 1. REPLACE BALLAST, 400W, at I 00 c Dollars 5 EA $ O�/EA $2j' 0 g0 & Cents per EACH M. REPLACE FUSES, at '70* (%) Uc Dollars 40 EA $ /EA $ s & Cents per EACH n. RELOCATE FUSES, from Pull Box to Pole, at 00 CC Dollars 50 EA $Z©. /EA $ �✓L , & Cents per EACH O. REPLACE PHOTO CELL, at Dollars 20 EA $ LEA $ >206 cc- & Cents per EACH TOTAL BID: $-I B-8 /.,, s,..- � '1 \, BID NOTES: The unit price must be written in words and also shown in figures. All blank spaces appearing above must be filled in. In case of discrepancy in Bid Amounts, "UNIT" prices shall govern over extended amounts,and "WORDS" shall govern over"UNIT"figures. Total bid price for the entire contract work shall include the cost of labor, materials, equipment parts, implements, taxes and supplies necessary to compete the project,as based on the City Engineer's estimate of quantities of work. The total price must be extended for each item of work and the total of all items inserted in the space provided. Bidders shall complete and submit entire BID DOCUMENT section as their bid to the City. Failure to do so will result in bid being non-responsive. Any situation not specifically provided for will be determined in the discretion of the City of San Bernardino(CITY), and that discretion will be exercised in the manner deemed by the CITY to best protect the public interest in the prompt and economical completion of the work.. The decision of the CITY respecting the amount of a bid, or the existence or treatment of an irregularity in a bid, shall be final. BIDDER declares that this BID is based upon careful examination of the work site and the Bid and Contract Documents. Time is of the essence in the completion of work encompassed by this bid. Contractor must commence work on street lighting repair within ten (10) calendar days after notification by the CITY. Contractor must pursue the work continuously after commencement of job to complete the entire work order. 40 working days are allowed for this project. BIDDER understands that a bid is required for the entire work,that the quantities set forth in the Bid Schedule are to calculate total bid amount for comparison only,and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER agrees that the CITY reserves the right to increase or decrease the amount of any quantity shown in the Bid Schedule and to delete any item from the contract and pay the contractor at the bid unit prices. The CITY will issue to the selected contractor Work Orders that indicate locations,extents,and details for all work to be performed. The contractor shall notify the CITY Inspection Division and provide a schedule for completion of the work at least 48 hours prior to commencing work. The Lineal Feet length for conductors or conduit is for the total length of the material installed. Traffic Control: Cost of traffic control is assumed to be included in various bid prices, and no additional payment shall be made. The Contractor shall be responsible for furnishing, placing and maintaining barricades and lights as necessary to protect the public from danger due to all work being done. If lane closures are approved by the Project Manager,the full width of the traveled way shall be open for use by public traffic from 4:00 p.m.to 8:30 a.m.,all day for Saturdays, Sundays, and designated legal holidays, after 3:00 p.m. on Fridays and the day preceding designated legal holidays, and when construction operations are not actively in progress on working days. If the Contractor is allowed to temporarily close a portion of the roadway, a minimum one lane for each direction of travel must be maintained at all times unless otherwise approved by the Project Manager. All lanes must be opened up to traffic between 4:00 PM and 8:30 a.m., daily. The Contractor shall comply with the Manual on Uniform Traffic Control Devices (MUTCD) and the California Supplement, Latest Editions, and all other applicable requirements and standards for traffic control. All other work items not specifically listed above, but necessary to complete the work per applicable standards, including traffic control are assumed to be included in the above various unit bid prices. B-9 BIDDER'S INFORMATION AND SIGNATURE: It is the understanding of the undersigned that the work hereinabove described shall be commenced within 10 working days from the date of the "Notice to Proceed", and shall be completed within 40 working days from the date of said notice,as directed in SECTION 4 of these Special Provisions.. The undersigned further agrees that in case of default in executing the contract, or furnishing necessary bonds, all within the specified time,the proceeds of the Bidder's Guaranty accompanying this bid shall be paid to the City of San Bernardino as liquidated damages. Licensed in accordance with an act providing for the registration of Contractor, LICENSE EXPIRATION FEDERAL TAX ID NO.:C 123 CLASSIFICATION(S):A, C --10 DATE: I 131 l2o4# ti 5 -3-75L1 bit 3- FIRM NAME: Id�UV V 3-e-s t Si vital I J I r C . BUSINESS ADDRESS: I (4-O 5 5 F00•1 4mt t k b l J cA • --r0rlt`cx vva. Cpl c 233' BUSINESS PHONE: :651e,-1135 FAX:Cl N.? (a 1 709 CELL:951-330-21 L 1 If an individual, so state. If a firm or co-partnership, give the names of all individuals, co-partners composing the firm. If a corporation, give the names of the president,secretary,treasurer and manager thereof: 0 8r-porcub nA Is Bidder currently a certified DBE? Yes ❑ No IEV Legal Status of Firm NAME(S) ADDRESS(ES) O 0•-1r1 g P 0.0. 53t4. to:2 J' ' k tip tcLAKaa, , CA- 9 t-i'q Se cvf_1/4wr , • Ck.e sk% 0,AA B .Wriet0, Arfcrgvxre SIGNATURE OF BIDDER I � Dated: I 1 J ,20 1 , - BIDDER'S INITIALED ACKNOW 4 ' ENT OF ADDENDUMS: ADDENDUM NO. 1 i A_, DATE:- Z ADDENDUM NO.2 DATE: 12. ADDENDUM NO.3 DATE: ADDENDUM NO.4 DATE: C-1 ****************************************************************** SPECIAL NOTICE ****************************************************************** The bidder's attention is directed to the section entitled, "Required Listing of Proposed Subcontractors", in Section 2 of the special provisions regarding the requirement that proposed subcontractors be listed in the bidder's Bid Documents. Instead of listing only subcontractors for signal and lighting work as in the past, all subcontractors are now to be listed in the Designation of Sub-Contractors for items of work or portions thereof to be subcontracted in excess of one-half of one percent of the total bid or$10,000.00, whichever is greater. In the case where a bidder claims an inadvertent clerical error in listing sub-contractors, a notice of the claim must be submitted to the Office of the City Engineer in writing within 2 working days after the time of the bid opening and send copies of the notice to the subcontractors involved. The bidder shall provide the actual dollar"Sub-Contract Amount" as submitted by each listed sub-contractor, keeping in mind that the prime contractor for this project is required to provide or perform, with his own organization, contract work amounting to at least 50% of the total contract bid price. Material required for any of the contract work of this project that is purchased directly by the prime contractor is considered as included in the prime contractor's 50% requirement. If material purchased directly by the prime contractor is to be used by a listed sub-contractor in performing contract work, the dollar amount of such purchased material should not be included in the dollar amount listed for said sub-contractor. The following is in addition to Subsection 2-3.2, "Self Performance," of the Standard Specifications: If the Bid submitted by the Contractor fails to meet at least 50% of the amount of work required with its own forces, the Bid will be considered non-responsive and rejected with no further consideration. If after execution of the Contract Agreement, the CITY discovers the Contractor is performing work amounting to less than 50% of the Contracted amount, except for "Specialty Items", the Contractor shall be notified that he or she is in violation of the Contract. The dollar amount of the portion found to be subcontracted by the Contractor, resulting in less than 50% of the amount of work required to be performed by the Contractor, shall be deducted from payment to the Contractor. The deduction shall not exceed 50% of the contracted amount required to be performed by the Contractor. The Contractor will not be penalized by the CITY resulting from Contract Change Orders that increase subcontract items of work. C-2 /\i e u Le 5 - -- S vx )(IC,. BIDDER'S FIRM NAME DESIGNATION OF SUB-CONTRACTORS PLANS & SPECIAL PROVISIONS NO. 12853 In compliance with the provisions of Section 4100-4114 of the Public Contract Code of the State of California and any amendments thereof,each bidder shall set forth the name and location of each subcontractor who will perform work or labor or render service to the Contractor. Name&Address Agency&No.of Under Which MBEIWBE CERT. Sub-Contractor's Sub-Contract Contractor's License# Licensed (If Applicable) Phone-No. Amount Work to Be Performed: 1. 2. 3. 4. 5. 6. IF ADDITIONAL SPACE IS REQUIRED,PLEASE DUPLICATE THIS SHEET DO NOT WRITE ON THE BACK C-3 WORKERS' COMPENSATION INSURANCE CERTIFICATION I am aware of the provisions of Section 3700 of the Labor Code requiring every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Contractor: NAME OF FIRM: ifti °m',4 i TN.Ck_A V1 G BY: ■ 0 j TITLE: 'pre S)G\ DATE: 311,6 C-4 (This affidavit shall be executed by all bidders at the time of bid submittal. Failure to execute the affidavit on this page will result in rejection of bid.) NON-COLLUSION AFFIDAVIT To the Division of Public Works,Department of Development Services, City of San Bernardino, State of California: The undersigned in submitting a bid for performing the following work by contract, being duly sworn, deposes and says: That he or she is of the party making the foregoing bid,that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; communication, or conference with anyone to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract on anyone interested in the proposed contract; or take any action in restraint of free competitive bidding in connection with such contract; that all statements contained in the bid are true; and further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. b''_a AAA vi C 57013T of ''dder Pri =e ' • - - and le 14o55 ,t\ %WA. Forvt- C 5 Business Address (eAPC 1,6 .? l�p\ C'.Y� ' \1 g Place of f Residence Subscribed and sworn to(or affirmed)before me this 15 - day of l CL CV\ ,20 l 2— the above proved to me on the basis of satisfactory evidence to be the person who appeared before me. Signed f ' 1 • vol ; of ' is in an for the County of �,. exr1. , State of California. WENDY HICKMAN ± �! Commission# 1891311 My Commission expires on June_ 25 , 'LO 34 ;'4 Notary Public-California g Year `•,...`!'', San Bernardino County Comm.Ex Tres Jun 25,2014 C-5 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS TO (Appropriate Recipient) DATE: 31 1 °L PROJECT NO. (If any): i "2_5 g C/0 PROJECT NAME: 12pa:I r Iz. \ac e-i 0(39(6 C. .1 -f- wLs 1. The undersigned, having executed a contract with �{ ( 0 Sauk-BeXVTOJ'Z& tt-U for the construction of the above'-identified project, acknowledges that: (a) The Labor Standards provisions are included in the aforesaid contract. (b) Correction of any infractions of the aforesaid conditions,including infractions by any of his subcontractors and any lower tier subcontractors, is his responsibility. 2. He certifies that: (a) Neither he nor any firm,corporation,partnership or association in which he has substantial interest is designated as an ineligible contractor by the Comptroller General of the United States pursuant to Section 5.6(b)of the Regulations of the Secretary of Labor,Part 5 (29 CFR, Part 5) or pursuant to Section 3(a)of the Davis-Bacon Act,as amended (40 U.S.C.276a-2(a). (b) No part of the aforementioned contract has been or will be subcontracted to any subcontractor if such subcontractor or any firm,corporation,partnership or association in which such subcontractor has a substantial interest is designated as an ineligible contractor pursuant to any of the aforementioned regulatory or statutory provisions. 3. He agrees to obtain and forward to the aforementioned recipient within ten days after the execution of any subcontract, including those executed by his subcontractors and any lower tier subcontractors, a "Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Requirements"executed by the subcontractors. 4. He Certifies that: (a) The legal name and the business address of the undersigned are: �IeNq Wes-r s•Ircil ) �c- (b) The undersigned is: ( 1) A SINGLE PROPRIETORSHIP A CORPORATION ORGANIZED IN THE STATE OF LA,( f pm j a- (2) A PARTNERSHIP (4) OTHER ORGANIZATION (Describe) C-6 Page 2 of 2 4. (cont.) (c) The name,title and address of the owner,partners or officers of the undersigned are: NAME TITLE ADDRESS e.hri 5A-jar\ ?fc d - Bt9S (A mrd S opt awd. Ca- ot (d) The names, addresses and the nature of the interest of all other persons, both natural and corporate, having a substantial interest in the undersigned are (If none, so state): NAME ADDRESS NATURE OF INTEREST (e) The names,addresses and trade classifications of all other building construction contractors in which the undersigned has a substantial interest are (If none, so state): NAME ADDRESS TRADE CLASSIFICATION i / IR 511511 ?-- DATE: B 0101 T► • ) WARNING U.S. Criminal Code,Section 1010, Title 18, U.S.C., provides in part: "Whoever makes, passes, utte -. es any statement, knowing the same to be false.............shall be fined not more than $5,000 or imprisoned not more than two(2) years, or both. C-7 CONTRACTOR'S CERTIFICATION OF COMPLIANCE WITH DAVIS-BACON AND RELATED ACTS REQUIREMENTS I, rl sti CCYI .V.) , as Prime Contractor for Project Name:ge,p pu (' Re0a.r.- ade a-td ec �- St-re-e_4- U 5 • O -a- i • S Plans & Special Provisions No: 55 hereby make the following certification and acknowledgement with respect to the applicability of Davis-Bacon and Related Acts Requirements: 1)By entering into this Contract, I certify that I acknowledge that the above referenced project is federally funded and I am solely responsible for complying with Davis-Bacon and Related Acts Requirements; and, 2) The Prime Contractor and all Subcontractors are required to pay their laborers and mechanics employed under this contract, a wage not less than the highest wage applicable to their work classifications, as specified by the current and applicable Federal Wage Determination. If no Federal work classification appears to apply, the Prime Contractor shall make written request to the CITY to obtain applicable work classifications and wage rates prior to the start of construction. When the same classification appears in both the Federal and State Wage Determinations, the higher wage must be paid for that classification. The Prime Contractor is responsible for ensuring Subcontractor compliance with Davis-Bacon and Related Acts Requirements. IF THE COMPANY IS A CORPORATION,CORPORATE OFFICERS ARE AS FOLLOWS: e)ne6A-loan 1,6 6660- President Vice-President A 1�� / Gnr'cs\ a.ar■ 3 ; l3 rt� ►� �� F Secretary/Treasurer igna urt e, 'rime &tractor • Title(Owner or President) Date C-8 CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY PROJECT TITLE gepQA c . t ce rY cA,1—` - OpA ccc , of The. ref 1,4" s- c c cJ v art 0-u 5 i o' - tM S INSTRUCTIONS This certification is required pursuant to Executive Order 11246 (30 F.R. 12319-25 ). The implementing rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as an initial part of the bid or negotiations of the contract whether it has(they have) participated in any previous contract or subcontract subject to the equal opportunity clause;and,if so,whether it has(they have)filed all compliance reports due under applicable instructions. Where the certification indicates that the bidder has not filed a compliance report due under applicable instructions, such bidder shall be required to submit a compliance report within seven calendar days after bid opening. No contract shall be awarded unless such report is submitted. CERTIFICATION BY BIDDER Bidder's Name: NI VJ We St SI 3 IA oJ , I rG Address and Zip Code: 4055 ft:O±A'N k ,J\ ck pn� CPt 2335 1. Bidder has on file an affirmative action program pursuant to Part 60-2(applies to non-construction contracts). YES F( NO 2. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause. YES NO (If answer is YES, tdentifil the most recent contract.) (If answer is no, contractor may be required to submit an EEO-1 survey or other reports to the Equal Employment Opportunity Commission. Contact the EEOC at 800-669-4000 or inquire online at http://www.eeoc.gov/eeolsurvey/index.html. 3. Compliance reports were filed in connection with such contract or subcontract with the Joint Reporting Committee,the Deputy Assistant Secretary or the Equal Employment Opportunity Commission. YES NO NONE REQUIRED CERTIFICATION—The information above is true and complete to the best of my knowledge and belief. N� e !'ld Title of Signe Please Type) ` 311.4 • ' Date C-9 FORM OF BID BOND, KNOW ALL MEN BY THESE PRESENTS, that we,the undersigned, New West Signal, Inc. as Principal,and Developers Surety and Indemnity Company as Surety,are hereby and firmly bound unto the City of San Bernardino , State of California, hereinafter referred to as"Obligee"in the penal sum of ten percent (10%.1 of the total amount of the bid of the Principal submitted to the Obligee for the work described below, for the payment of which sum we hereby jointly and severally bind ourselves,our heirs,executors,administrators, successors and assigns. THE CONDITION OF THIS OBLIGATION IS SUCH, THAT: WHEREAS, the Principal has submitted to Obligee,a certain Bid,attached hereto and hereby made a part hereof to enter into a contract in writing,for the Repair, Replacement and Upgrade Street Lighting Systems at Various Locations (Copy here the exact title description of work, including location as it appears on the proposal) for which bids are to be opened on March 15, 2012 (Insert date of opening) NOW, THEREFORE, a. If said Bid shall be rejected,or in the alternate, b. If said Bid shall be accepted and the Principal shall execute a contract in the Form of contract attached hereto(properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said contract, and shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void;otherwise,the same shall remain in force and effect;it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall,in no event, exceed the penal amount of this obligation as herein stated. The Surety,for value received,hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Obligee may accept sttch Bid;and said Surety does hereby waive notice of any such extension. Signed, this 14th day of March , 20 12 _. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers,the day and year first mentioned. Allik w West ,:4,•.I, Inc. . (SEAL) Developers Surety and Indemnity Company(SEAL) Surety gn' , e Signature (` B. w rF Laurie B. Druck, Attorney-in-Fact Prr ed Name and Title ' Printed Name and Title NOTE:No - i••.n£Rrincipl and Surety signatures and Power of Attorney of the Surety shall accompany this form. C-10 `CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California ) ss. County of San Bernardino • On March 14, 2012 before me, Cynthia J. Young, Notary Public _ • I Name and Title of Officer(e.g.,"Jane Doe,Notary Public") • Personally appeared Laurie B. Druck Name(s)of Signer(s) • • • who proved to me on the basis of satisfactory evidence - CYNTHIA J.YOUNG to be the person whose name is subscribed to the within COMM.#1806614 within instrument and acknowledged to me that she NOTARY PUBLIC-CALIFORNIA! executed the same in her authorized capacity, SAN eEAROIwoCOUNTY and that by her signature on the instrument the • • • tt�y Comm.Expires July 15,201 Y 9 • person, or the entity upon behalf of which the person acted, executed the instrument. 1 . I certify under PENALTY OF PERJURY under the laws of : the State of California that the foregoing paragraph is true and correct. • WITNESS my hand and official seal. • /r t s • f ignatu of Notary Put)tf • • OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. • Description of Attached Document 1 Title or Type of Document: Document Date: Number of Pages: • 1 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) 1 Signer's Name: O Individual El Corporate Officer RT THUMBPRINT Title OF SIGNER O Partner -- El Limited O General Top of thumb here • O Attorney-in-Fact El Trustee O Guardian or Conservator IOther: Signer is Representing: POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725,IRVINE,CA 92623 (949)263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each hereby make,constitute and appoint: ***Cynthia J.Young,Jay P. Freeman, Laurie B.Druck, Pamela McCarthy,jointly or severally*** as their true and lawful Attomey(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of surety- ship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attomey(s)-in-Fact,pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008. RESOLVED,that a combination of any two of the Chairman of the Board,the President,Executive Vice-President,Senior Vice-President or any Vice President of the corporations be,and that each of them hereby is,authorized to execute this Power of Attorney,qualifying the attorney(s)named in the Power of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship,and that the Secretary or any Assistant Secretary of either of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney, RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this January 1st,2008. By • I L4� 0I.7 ,y J�',',to''''' yAN Q O Daniel Young,Vice President � g ,y;gp l F o cPO1q� OCT.5 By w= cs ,5 .o:, 1 3 o W 1967 Stephen T.Pate,Senior Vice-President `�� /OW a °"ad "</FO'Fkr-? State of California '�.,,,,1 * 0,w`'' County of Orange On January 31,2011 before me, Antonio Alvarado,Notary Public Date Here Insert Name and Title of the Officer personally appeared ._..._..-.._..._._.._._.___._____ Daniel Young and Stephen T_Pate Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized ANTONIO ALVARADO capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of • which the person(s)acted,executed the instrument. s COMM.•1880643 z = `''.NOTARY PUBLIC CALIF ORANGE COUNTY OR+GA �F I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. My oortm.expirss Aug.B,2013 t WITNESS my hand and official seal. (1; 24911111/ Place Notary Seal Above Signature Antonio Alvarado,Notary Public CERTIFICATE The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA,does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and,furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. n This Certificate is executed in the City of Irvine,California,this 14 day oft' ti& , `h By _� .�.4 ._`! —regg Okur/Y istant Secretary ID-1380(Rev.01/11) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT v, 4 State of California 1, :> `C, •�, Ss. ., c. County of 5(� C. [ 1f dkrC \ �0 ?} 0- iG \,fit e1` , VC. ,,I CJ-r\ t 0�.Y'�.— On .J .� before me, ty' U ' ), ' e and Title of Officer(e.g.,'Jane Doe/Votary Public' h personally appeared L_,1r\C'1 *\CCY� �j , V'J C L C4 VLt . `t Name(s)of Sign ) , .- ❑personally known to me h. proved to me on the basis of satisfactory l "• evidence c) to be the person whose name0 Ore 2.. subscribed to the wit an, instrument and acknowledged to me he/they executed ` h "-.,.� WENOY HICKMAN the same in s her/their Authorized 0 i:41�!K!r=- - Commission 0 1891311 z capacity), and that by i0he#their- �' < -.;`7i Notary Public-California z si nature on the instrument the erson or : CONSTRUCTION CONTRACT PROVISIONS FOR FEDERALLY FUNDED PROJECTS CITY OF SAN BERNARDINO CONSTRUCTION CONTRACT PROVISIONS FOR FEDERALLY FUNDED PROJECTS The following Standards, Instructions and Certifications are provided to ensure compliance with Federal and State contracting requirements for Federal Community Development Block Grant funded construction projects and are contained in these Special Provisions or,by their reference,are included in these Special Provisions. Documents -- All documents that will be required to be completed, signed and submitted by the lowest responsive bidder following the Bid Opening are contained in CDBG CONTRACT PROVISIONS at the end of Part I of these Special Provisions. II. Labor Standards and Provisions -- This section contains Federal and State labor regulations regarding construction contracts. * Federal Labor Standard Provisions - HUD - 4010 -- The prime contractor and all subcontractors are required to abide by the Federal Labor Standards. The prime contractor is responsible for including these provisions in all subcontracts. (Authority cited in text of Provisions contained in PART III of these Special Provisions). * Title 29 - Labor (Part 3 and Part 5) -- Includes: Copeland "Anti-Kickback" Act and Davis- Bacon Provisions. * Article 40 USC - Section 327 -- Contract Work Hours and Safety Standards Act -- Established standards for hours of work and overtime pay. * California Labor Code Excerpts beginning with 1773.3 relating to Apprentices on Public Works -- The use of apprentices under State regulations, is described in this referenced document. * Prevailing State and Federal Wage Decisions -- The prime contractor and all subcontractors are required to pay their laborers and mechanics employed under this contract, a wage not less than the highest wage for the work classification, specified in both the Federal and State wage decision. (Authority-Title 29-Labor Part 5) * Documents requiring signature under this section include: (a) Contractor's Certification Concerning Labor Standards and Prevailing Wage Requirements. (Authority-Title 29-Labor Part 3 and Part 5) (b) Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Requirements. (Authority-Title 29-Labor Part 3 and Part 5) CP-1 III. Equal Employment Regulations - This section contains Federal Equal opportunity requirements regarding construction and non-construction contracts. * Affirmative Action Compliance Guidelines for Construction and Non-Construction Contractors ( contained in PART III ) - Prior to being awarded the contract, the selected contractor an subcontractor(s) who meet the guideline criteria for filing, must complete and submit the Affirmative Action Plan. This provision generally applies to contracts and subcontracts in excess of $10,000. (Authority - Executive Order 11246 as amended by Executive Order 11375 and Executive Order 11246 as amended by Executive Order 11375 and Title 41 --Public Contracts and Property Management,Part 60). The following applies to all contracts and subcontracts with a value in excess of $10,000 unless otherwise noted: * Equal Employment Opportunity Clauses per Executive Order 11246 as amended by Executive Order 11375 (in PART III)include a summary of Equal Opportunity requirements that all contractors and subcontractors are subject to comply with regardless of contract value. * Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era Readjustment Act of 1974,as amended. * U.S.Department of Housing and Urban Development—Standards of Conduct * Documents requiring signature under this section include: a) Certification of Bidder Regarding Equal Employment Opportunity. b) Certification By Proposed Subcontractor Regarding Equal Employment Opportunity. c) "Section 3" Clause,With Certification when the contract exceeds $100,000. d) Affirmative Action Policy for Contractors, Subcontractor and Vendors. f) Certification of Compliance With Air and Water Acts -- The prime contractor and all subcontractors must comply with this certification when the contract exceeds $100,000. e) Contract Compliance Qualifying Report for Construction Contractor. CP-2 CONFLICT OF INTEREST Interest of Members, Officers, or Employees of the City of San Bernardino, Members of Local Governing Body, and other Public Officials. No member, officer, or employee of the City of San Bernardino, of its designees or agents, no member of the governing body of the City of San Bernardino, and no other public official of such locality who exercise any functions or responsibilities with respect to the PLANS & SPECIAL PROVISIONS NO. 12853 REPAIR, REPLACEMENT AND UPGRADE OF THE STREET LIGHTING SYSTEM AT VARIOUS LOCATIONS IN THE CITY OF SAN BERNARDINO during his tenure or for one year thereafter, shall have any interest, direct or indirect, in this contract or any subcontracts, or the proceeds thereof, for work to be performed in connection with construction of said improvements of the: STREET LIGHTING SYSTEM AT VARIOUS LOCATIONS IN THE CITY OF SAN BERNARDINO CI-1 DOCUMENT LIST (A) CONTRACTOR DOCUMENTS TO BE SUBMITTED WITH BID 1. Contractor Certification Of Compliance With Davis-Bacon And Related Acts Requirements -- (Authority - Title 29, Parts 3 and 5, and Federal Labor Standards Provisions--HUD-4010). 2. Certification of Bidder Regarding Equal Employment Opportunity -- (Authority - Executive Order 11246 as amended). 3. Bid Bond -- In conformance with the example "Form of Bid Bond". (Minimum Bonding Requirements established by CITY for Federally Funded Projects). 4. List of all Subcontractor'(s) addresses, license numbers, certification numbers, dollar amount of subcontractors,and specific description of subcontracts. (B) CONTRACTOR AND SUBCONTRACTOR DOCUMENTS TO BE SUBMITTED PRIOR TO NOTICE TO PROCEED 1. Executed Bid and Contract Documents -- NOTE: HUD form 4010 must be attached to contract. 2. Performance Bond -- Minimum three (3) "wet" copies to be provided by Contractor for 100%of Bid Contract Amount. 3. Labor and Materials Bond -- Minimum three (3) "wet" copies to be provided by Contractor for 100%of the Bid Contract Amount 4. Minority and Women Owned Business Enterprise Participation -- This form contains data collected by the U.S. Department of Housing and Urban Development, and must be provided prior to the Pre-Construction Meeting.. 5. Subcontractor's Certification Of Compliance With Davis-Bacon And Related Acts Requirements -- To be provided by all subcontractors (Authority - Title 29 CFR, Parts 3 and 5,and Federal Labor Standards Provisions--HUD-4010). 6. Certification by Proposed Subcontractor Regarding Equal Employment Opportunity - - To be provided by all subcontractors. (Authority-Executive Order 11246 as amended). DL-1 (B) CONTRACTOR AND SUBCONTRACTOR DOCUMENTS TO BE SUBMITTED PRIOR TO NOTICE TO PROCEED (Continued) 7. Affirmative Action Policy for Contractors and Vendors -- To be submitted by Contractors and Subcontractors with contract and subcontracts valued at $10,000.00 or more. (Authority -Executive Order 11246 as amended; Title VII of the Civil Rights Act of 1964, as amended; Section 503 of the Rehabilitation Act of 1973; the California Fair Employment Practices Act,and the City of San Bernardino's Affirmative Action Program). 3. Section 3 Clause with Certification -- To be provided by Contractor and Subcontractors with contracts and subcontracts valued at$100,000.00 or more. (Authority- cited in Text of Acts). 6. Certification of Compliance with Air and Water Acts -- To be provided by Contractor and Subcontractors with contracts and subcontracts valued at $100,000.00 or more. (Authority-cited in Text of Acts). (C) CONTRACTOR DOCUMENTS TO BE SUBMITTED DURING CONSTRUCTION In addition to the above-named items,the Contractor must provide the following as noted: (Forms provided by Public Works prior to construction.): WEEKLY 1. Contractor Certified Payroll Reports -- (Payroll Form WH-347). (Authority-Title 29 CFR,Parts 3 and 5). WEEKLY 2. Certified Payroll Reports(Payroll Form WH-347)for all Subcontractors with subcontracts. (Authority-Title 29 CFR,Parts 3 and 5). WEEKLY 3. Weekly Reports of Subcontractors on site. 4. Contract Compliance Qualifying Report for Construction Contractors and Vendors -- To be submitted by Contractor for all projects with a value of$10,000.00 or more. (Authority- Executive Order 11246 as amended, Title VII of the Civil Rights Act of 1964, as amended and the California Fair Employment Practice Act.) DL-2 COMMUNITY DEVELOPMENT BLOCK GRANT ( CDBG) CONTRACT PROVISIONS TABLE OF CONTENTS, Construction Contract Provision Definitions page 1 Bid Package INSERTS and Contract INSERTS page 2 Required Documents Checklist ..page 3 Contractor's Certification of Compliance with Davis-Bacon and Related Acts page 4 Minority and Women Owned Business Enterprise Participation.. ..pages 5-6 Certification of Bidder Regarding Equal Employment Opportunity page 7 Certification of Subcontractor Regarding Equal Employment Opportunity page 8 Section 3 Report - Contracts of$100,000 or more. page 9 Section `3' Clause.. page 10 Affirmative Action Compliance Guidelines pages 11 CONSTRUCTION CONTRACT PROVISIONS - DEFINITIONS The following are definitions of State and Federal provisions/documents for federally-assisted projects. Please refer to the "Required Documents Checklist"for any documents to be completed and submitted for this project. Affirmative Action Compliance Guidelines For Construction or Non-Construction Contractors-Generally,affirmative action requirements apply to contracts and subcontracts in excess of$10,000. This document provides guidelines to help contractors meet affirmative action and equal employment opportunity requirements set forth in Federal regulations 41 CFR 60. Bid Bond-A bid guarantee of at least 10%of the contract price is required from each bidder and must be submitted with the Bid. A form is included in the "Bid Documents" of Part I of these Special Provisions. Certification of Bidder Regarding Equal Employment Opportunity-This certification is included in the"Bid Documents"and is required by Federal law(41 CFR 60). It must br completed by the prime contractor and submitted to the CITY with the Bid Documents. Certification of Compliance with Air and Water Acts-The prime contractor and all subcontractors must comply with this certification when the contract exceeds$100,000. Certification of Proposed Subcontractor Regarding Equal Employment Opportunity-This certification must be completed by all subcontractors and submitted to the prime contactor for submittal to the CITY prior to the pre-construction meeting. Contractor's Certification of Compliance with Davis-Bacon and Related Acts-This certification is required by Federal law(29 CFR 5)and must be completed by the prime contractor and submitted to the CITY with the Bid Documents. Equal Employment Opportunity Clauses/Equal Employment Opportunity Construction Contract Provisions-These provisions are to be inserted in all applicable federally-assisted contracts and subcontracts. Federal Labor Standards Provisions(HUD 4010 form)-These provisions set forth the federal labor requirements for contactors working on a federally-assisted construction projects in which the prime contract exceeds$2,000. The prime contractor and all subcontractors are required to pay their laborers and mechanics working onsite a wage not less than the highest wage for the work classification specified in both the Federal and State Wage Decisions when the contract amount for the prime contractor exceeds$2,000. The prime contractor is responsible for including these provisions in all subcontracts. Federal Prevailing Wage Decision-The Federal Wage Decision contains the federal wage rates for heavy construction projects within the County of San Bernardino. A copy of the decision is included in the bid package and can also be found at http://www.gpo.gov/davisbacon/ca.html. The wage decision that applies to the project is the one in effect 10 days prior to the bid opening date. Labor and Materials Bond-This payment bond guarantees that employees/subcontractors,and suppliers are paid for services rendered and materials supplied.The Labor&Materials Bond must be at least one hundred percent(100%)of the contract price and must be submitted to the CITY upon award of the contract. Minority and Women-Owned Business Enterprise Participation Form-This form contains data collected by the U.S. Department of Housing and Urban Development and must be completed by the prime contractor and submitted to the CITY prior to the pre-construction meeting. Performance Bond-This bond guarantees the contractor's performance under the terms of the construction contract and must be at least one hundred percent(100%)of the contract price and submitted to the CITY following award of the contract. "Section 3"-This law applies to construction contracts exceeding$100,000,on projects funded by the U.S.Department of Housing and Urban Development(HUD). To the greatest extent feasible,contractor(s)and subcontractor(s)must attempt to become a Section 3 business. A Section 3 business is one owned by a low-income person,a business of which 30%of the workforce is comprised of low-income individuals,or a business that contracts 25%of its work to Section 3 businesses. Page 1 of 11 BID PACKAGE INSERT - NOTICE INVITING BIDS COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS: Bidders are advised that this project is funded with Community Development Block Grant Funds. The requirements of the Davis-Bacon Act will apply to this project and those requirements will be enforced. The prime contractor and all subcontractors are required to pay their laborers and mechanics employed under this Contract, a wage not less than minimum wage classification, as specified in both the Federal and State Wage Decision when the Contract amount for the Prime Contract exceeds $2,000. The higher of the two applicable wage classifications, either State Prevailing Wage or Davis-Bacon Federal Prevailing Wage, will be enforced for all work under this Contract. The prime contractor is responsible for ensuring subcontractor compliance with Davis-Bacon and related Act Requirements. The Federal Labor Standards Provisions(HUD 4010)apply to this project. A copy of the Davis-Bacon Federal Prevailing Wage, the date of which reflects the latest applicable modification at the time of this advertisement,is included in the Contract Documents& Specifications. Bidders shall be notified,via Addendum, of modifications, if any,which supercede that included herein,up until a minimum of ten(10)days prior to the actual Bid Opening. BID PACKAGE INSERT - INSTRUCTIONS TO BIDDERS COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS: Bidders are advised that this project is funded with Community Development Block Grant Funds. The requirements of the Davis-Bacon Act will apply to this project and those requirements will be enforced. The prime contractor and all subcontractors are required to pay their laborers and mechanics employed under this Contract, a wage not less than minimum wage classification, as specified in both the Federal and State Wage Decision when the Contract amount for the Prime Contract exceeds $2,000. The higher of the two applicable wage classifications, either State Prevailing Wage or Davis-Bacon Prevailing Wage, will be enforced for all work under this Contract. The Prime Contractor is responsible for ensuring Subcontractor compliance with Davis-Bacon and Related Act Requirements. The Federal Labor Standards Provisions(HUD 4010)apply to this project. A copy of the Davis-Bacon Federal Prevailing Wage, the date of which reflects the latest applicable modification, is included in the Contract Documents & Specifications. Bidders shall be notified, via Addendum, of modifications, if any,which supercede that included herein,up until a minimum of ten(10)days prior to the actual Bid Opening. A weekly certified payroll is required during the term of construction. Payment of invoice may be delayed when certified payrolls are not submitted weekly. The CITY shall make progress payments on any properly completed payment request submitted by the Contractor. The payment request shall not be deemed properly completed unless certified payroll form WH 347 has been properly completed and submitted on a weekly basis for each week worked during the time period covered by said payment request. Notice of Requirement For Affirmative Action To Ensure Equal Employment Opportunity - The bidder's attention is called to the "Equal Opportunity Clause and "Standard Federal Equal Employment Specifications" contained in the bid package. Goals and timetables for minority and female participation, expressed in percentage terms for the Contractors aggregate workforce in each trade on all construction work in the covered area, is 19% for minorities and 6.9%for women. INSERT - CONSTRUCTION CONTRACT Federal Labor Standard Provisions (HUD 4010 form) apply to this project and are attached. Page 2 of 11 REQUIRED DOCUMENTS CHECKLIST REQUIRED PRIOR TO CONTRACT AWARD [ ] 1. Bid Package signed by Contractor [ ] 2. Signed Partnership Agreement(if applicable) [ ] 3. Bid Bond [ ] 4. Signed Contractor's Certification of Compliance with Davis-Bacon and Related Act Requirements REQUIRED PRIOR TO PRECONSTR UCTION MEETING [ ] 4. Executed Contract/Purchase Order NOTE: HUD form 4010 must be attached to contract [ ] 5. Bonds (performance/payment or labor and material bonds) [ ] 6. Completed "Minority and Women Owned Business Enterprise Participation" form [ ] 7. Completed Bidder/Subcontractor's Certification regarding Equal Employment REQUIRED DURING CONSTRUCTION [ ] 9. Weekly Certified Payrolls [ ] 10. Statement of Authorization (required if payrolls are certified by someone other than the owner or corporate officer)* [ ] 11. Fringe Benefit Statement (required if employee benefits are paid to a trust/fund)* [ ] 12. Section 3 Report(Applies to contracts of$100,000 or more) *Note.. These forms will be discussed by CITY staff at the preconstruction meeting Page 3 of 11 CONTRACTOR'S CERTIFICATION OF COMPLIANCE WITH DAVIS-BACON AND RELATED ACTS REQUIREMENTS 1, , as Prime Contractor for Project: hereby make the following certification and acknowledgment with respect to the applicability of Davis-Bacon and Related Acts Requirements: 1) By entering into this Contract, I certify that I acknowledge that the above referenced project is federally funded and I am solely responsible for complying with the Davis-Bacon and Related Acts Requirements; and, 2) The Prime contractor and all subcontractors are required to pay their laborers and mechanics employed under this contract, a wage not less than the highest wage applicable to their work classifications, as specified by the current and applicable Federal Wage Determination. If no Federal work classification appears to apply, prime contractor shall make written request to CITY to obtain applicable work classifications and wage rates prior to start of construction. When the same classification appears in both the Federal and State wage decisions, the higher wage must be paid for that classification. The Prime Contractor is responsible for ensuring subcontractor compliance with Davis-Bacon and Related Acts Requirements. IF THE COMPANY IS A CORPORATION, CORPORATE OFFICERS ARE AS FOLLOWS: President Vice-President Secretary/Treasurer Signature, Prime Contractor Title (Owner or President) Date Page 4 of 11 MINORITY AND WOMEN OWNED BUSINESS ENTERPRISE PARTICIPATION This form is designed to assist the CITY in assessing and reporting the proposition and amounts of contracts and subcontracts awarded to Minority and Women Owned Business Enterprises (WMBE'S) for the project named below. Include information on all subcontractors and suppliers if the total bid amount exceeds $10,000. "Minority owned or controlled" means that 51% or more of the company's ownership or controlled interest in the company is held by one or more Black Americans, Native Americans (including American Indians, Eskimos, Aleuts, and Native Hawaiians), Hispanic Americans, or Asian/Pacific Americans (including persons whose origins are from Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the United States Trust Territories of the Pacific, Northern Marianas, Laos, Cambodia and Taiwan), or any other group of natural persons identified as minorities in the project specifications by the CITY. "Female owned or controlled" means that 51% or more of the company's ownership or controlled interest in the company is held by one or more female persons. PROJECT Project Name Project Number $ Federally funded or assisted? [ ]Yes [ ] No Total Bid Amount CONTRACTOR Contractor's Name Address Federal I.D.Number CITY State Zip Code $ Minority owned/controlled? [ ] Yes [ ] No Portion of Bid Amount to be If so, what Minority? performed by Contractor Female owned/controlled? [ ] Yes [ ] No SUBCONTRACTORS 1) Subcontractor's Name Address Federal I.D. Number CITY State Zip Code $ Minority owned/controlled? [ ] Yes [ ] No Subcontract Bid Amount If so, what Minority? Female owned/controlled? [ ] Yes [ ] No Page 5 of 11 SUBCONTRACTORS (Continued) 2) Subcontractor's Name Address Federal I.D. Number CITY State Zip Code $ Minority owned/controlled? [ ] Yes [ ] No Subcontract Bid Amount If so, what Minority? Female owned/controlled? [ ] Yes [ ] N 3) Subcontractor's Name Address Federal I.D. Number CITY State Zip Code $ Minority owned/controlled? [ ] Yes [ ] No Subcontract Bid Amount If so, what Minority? Female owned/controlled? [ ] Yes [ ] No 4) Subcontractor's Name Address Federal I.D. Number CITY State Zip Code $ Minority owned/controlled? [ ] Yes [ ] No Subcontract Bid Amount If so, what Minority? Female owned/controlled? [ ] Yes [ ] No 5) Subcontractor's Name Address Federal I.D.Number CITY State Zip Code $ Minority owned/controlled? [ ] Yes [ ] No Subcontract Bid Amount If so,what Minority? Female owned/controlled? [ ] Yes [ ] No 6) Subcontractor's Name Address Federal I.D. Number CITY State Zip Code $ Minority owned/controlled? [ ] Yes [ ]No Subcontract Bid Amount If so,what Minority? Female owned/controlled? [ ] Yes [ ] No Female owned/controlled? [ ] Yes [ ] No Page 6 of 11 CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY Project Name: INSTRUCTIONS This certification is required pursuant to Executive Order 11246 (30 F.R. 12319-25). The implementing rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as an initial part of the bid or negotiations of the contract whether it has participated in any previous contract or subcontract subject to the equal opportunity clause; and, if so, whether it has filed all compliance reports due under applicable instructions. Where the certification indicates that the bidder has not filed a compliance report due under applicable instructions, such bidder shall be required to submit a compliance report within seven calendar days after bid opening No contract shall he awarded unless such report is submitted. CERTIFICATION BY BIDDER Bidder's Name Address&Zip Code 1. Bidder has on file an affirmative action program pursuant to Part 60-2 (applies to non-construction contracts). Yes No 111 2. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause. Yes ❑ No ❑ (If answer is yes, identib)the most recent contract.) (If answer is no, contractor may be required to submit an EEO-1 survey or other reports to the Equal Employment Opportunity Commission, contact the EEOC at 800-669-4000 or inquire online at http://www.eeoc.gov/eeolsurvey/index.html. 3. Compliance reports were filed in connection with such contract or subcontract with the Joint Reporting Committee, the Deputy Assistant Secretary or the Equal Employment Opportunity Commission. Yes❑ No ❑ None required❑ Certification: The information above is true and complete to the best of my knowledge and belief. Name and Title of Signer (Please Type) Signature Date Page 7 of 11 CERTIFICATION BY PROPOSED SUBCONTRACTOR REGARDING EQUAL EMPLOYMENT OPPORTUNITY Name of Prime Contractor: Project Name: INSTRUCTIONS This certification is required pursuant to Executive Order 11246 (30 F.R. 12319-25). The implementing rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as an initial part of the bid or negotiations of the contract whether it has participated in any previous contract or subcontract subject to the equal opportunity clause; and, if so, whether it has filed all compliance reports due under applicable instructions. Where the certification indicates that the subcontractor has not filed a compliance report due under applicable instructions, such subcontractor shall be required to submit a compliance report before the owner approves the subcontract or permits work to begin under the subcontract. SITUr'rI TDA(" ^R'S'ERTTFirATivN Subcontractor's Name: Address&Zip Code: 1.Bidder has on file an affirmative action program pursuant to Part 60-2(applies to non-construction contracts). Yes❑ No❑ 2.Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause. Yes❑ No❑ (If answer is yes, identini the most recent contract.) (If answer is no, contractor may be required to submit an EEO-1 survey or other reports to the Equal Employment Opportunity Commission, contact the EEOC at 800-669-4000 or inquire online at http://www.eeoc.gov/eeolsurvey/index.html. 3.Compliance reports were filed in connection with such contract or subcontract with the Joint Reporting Committee,the Deputy Assistant Secretary or the Equal Employment Opportunity Commission. Yes❑ No❑ None required❑ Certification: The information above is true and complete to the best of my knowledge and belief. Name and Title of Signer (Please Type) Signature Date • NOTE. THIS FORM MUST BE FILLED OUT BY EACH OF THE BIDDER'S SUBCONTRACTORS. Page 8 of 11 Section 3 Report - Contracts over $100,000 Project Name/Number: Prime Contractor Name/Address/Phone Number: Please check the contract type: ❑ Construction ❑ Non-Construction Under Section 3 of the Housing and Urban Development Act of 1968, as amended (the Act), the City of San Bernardino is directed to award a portion of all construction contracts of$100,000 or more, on projects funded by the Department of Housing and Urban Development(HUD),to Section 3 businesses. A Section 3 business: 1) is at least 51% owned by a low-income person, or 2) has a workforce comprised of at least 30% low-income persons,or 3) subcontracts at least 25% of its work to Section 3 businesses. Contractors with contracts over$100,000 must show a good faith effort to become a Section 3 business. The prime contractor must complete the following.Numbers should reflect information from the prime contractor and all subcontractors working on the project. #of new #new hires %of total staff % of staff hours #of low-income Job Category hires for that are low- hours worked by worked by low-income employees and the project income new hires who are employees and trainees trainees low-income (including new hires) Professionals Technicians Office/Clerical Construction By Trade (List): 1. Trade 2. Trade 3. Trade 4. Trade 5. Trade 6. Trade 7. Trade Other(List) Please check one of the following: ❑❑ I am a Section 3 business ❑❑ I am not a Section 3 business ❑❑ I am working towards becoming a Section 3 business If you checked the 3rd box above, please check efforts made to become a Section 3 business: ❑❑Attempted to recruit low-income residents through: local advertising media, signs prominently displayed at the project site,contacts with community organizations and public or private agencies. ❑❑Participated in a HUD program,which promotes the training and employment of low-income residents ❑❑ Participated in a HUD program which promotes the award of contracts to Section 3 businesses ❑❑ Coordinated with HUD Youth Build programs ❑❑ Other efforts made(describe): Page 9 of 11 "SECTION 3" CLAUSE 3-2.2 Employment opportunities for business and lower income persons in connection with assisted projects. This clause applies to construction contracts of$100,000 or more,on projects funded with $200,000 or more in federal funds from the U.S. Department of Housing and Urban Development. Assurance of compliance with regulations. (A)Every contract or agreement for a grant, loan, subsidy or other direct financial assistance in aid of housing, urban planning, development, redevelopment, or renewal, public or community facilities and new community facilities and new community development, entered into by the Department of Housing and Urban Development with respect to a Section 3 covered project shall contain provisions requiring the applicant or recipient to carry out the provisions of Section 3, the regulations set forth in this part, and any applicable rules and orders of the Department issued thereunder prior to approval of its application for assistance for a Section 3 covered project. (B) Every applicant, recipient, contracting party, contractor and subcontractor shall incorporate, or cause to be incorporated, in all contracts for work in connection with a Section 3 covered project, the following clause (referred to as Section 3 clause): a. The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development as is subject to the requirements of Section 3 of the Housing and Urban Development and is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns, which are located or owned in substantial part by persons residing in the area of the project. b. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth to 24CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability,which would prevent them from complying with these requirements. c. The contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organizations or worker's representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. d. The contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development 24 CFR 135. The contractor will not subcontract unless the subcontractor has first provided him with a preliminary statement of ability to comply with the requirements of these regulations. e. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of the contract, shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors and assigns, to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided,and to such sanctions as are specified by 24 CFR 135 Page 10 of 11 NOTICE OF REQUIREMENTS FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246 AND 41 CFR PART 60-4) The following Notice shall be included in, and shall be a part of all solicitations for offers and bids on all Federal and federally assisted construction contracts or subcontracts in excess of$10,000. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: Timetables Goals for minority Goals for female participation for each trade participation for each trade 19.0% 6.9% . These goals are applicable to all the Contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area,the contractor also is subject to the goals for both its federally involved and non-federally involved construction. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract,the Executive Order, and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of$10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed. As used in this Notice, and in the contract resulting from this solicitation,the "covered area" is: State of CALIFORNIA County of SAN BERNARDINO City of SAN BERNARDINO Page 11 of 11 PART II SPECIAL PROVISIONS SPECIAL PROVISIONS INSTRUCTIONS TO BIDDERS SECTION 1 1-1 SPECIFICATIONS AND PLANS 1-1.01 GENERAL -- The work embodied herein shall be done in accordance with the Standard Specifications for the Public Works Construction, latest edition in effect on the first day of the advertised "Notice Inviting Sealed Bids" for this project, and City of San Bernardino Standard Drawings, insofar as the same apply and in accordance with the following Special Provisions. 1-1.02 DEFINITIONS -- Whenever in the Standard Specifications the following terms are used, they shall be understood to mean and refer to the following: Agency - The City of San Bernardino. Board - The Mayor and Common Council for the City of San Bernardino. City Engineer - The City Engineer for the City of San Bernardino. Laboratory - The laboratory to be designated by the City of San Bernardino to test materials and work involved in the contract. Office of the District - Whenever, in the Standard Specifications, reference is made to the office of the District or the District's office, such references shall be deemed made to the Office of the City Engineer, Public Works Department, located on the 3`d floor of City Hall for the City of San Bernardino, 300 N. "D" Street, San Bernardino. SP-1 The mailing address for the City of San Bernardino's Public Works Department is: City of San Bernardino Public Works Department 300 North"D" Street, 3`a Floor San Bernardino, CA 92418-0001 Resident Engineer - The Resident Engineer is the City of San Bernardino's Engineer City Engineer, registered as a Civil Engineer in the State of California, or the designated representative of the City of San Bernardino's City Engineer, registered as a Civil Engineer in the State of California. Notice Advertising for Bids, - Notice Inviting Sealed Bids. Standard Specifications - Standard Specifications for Public Works Construction "Green Book". Other terms appearing in the Standard Specifications, and these Special Provisions, shall have the intent and meaning specified in Section 1-2, "Definitions", in the Standard Specifications. 1-1.03 STANDARD SPECIFICATIONS - The Standard Specifications for the Agency are contained in the most current edition of the STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, "GREEN BOOK", as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and the Southern California District of the Associated General Contractors of California. The Standard Specifications set forth above will control the general provisions for this Contract except as amended by the Plans, Special Provisions, or other contract documents. Only those Sections requiring amendment or elaboration or specifying options are called out. In case of conflict between the Standard Specifications and the Special Provisions, the Special Provisions shall take precedence over and be used in lieu of such conflicting portions. SP-2 References in the Special Provisions to "CALTRANS Standard Specifications" shall mean the Standard Specifications (MAY, 2006) of the State of California, Department of Transportation. References in the Special Provisions to Standard Plans shall mean the Standard Plans for the City of San Bernardino or other governing agency as specified. Applicable Standard Plans for this project are contained in the "Standard Drawings", section of these Special Provisions. Where the Plans or Specifications describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed complete and in place, that only the best general practice is to prevail and that only materials and workmanship of the first quality are to be used. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment, and incidentals and do all the work involved in executing the Contract. The Contractor shall meet or exceed the applicable Public Works Policies and Procedures unless directed otherwise by these Special Provisions or as directed by the Engineer. The plans and specifications of this project shall conform to the requirements of the City of San Bernardino Municipal Code and Public Works Construction Policies, the latest editions of the Standard Specifications for Public Works Construction (green book), the American Concrete Institute (ACI), the Uniform Building Code (UBC), Uniform Plumbing Code (UPC), the National Electrical Code, Caltrans Standard Specifications, and these Special Provisions. Wherever reference it made to any of the standards mentioned above, the reference shall be construed to mean the code, order or standard that is in effect on the first day of the advertised "Notice Inviting Sealed Bids". 1-1.04 TAXES -- No mention shall be made in the proposal of Sales Tax, Use Tax, or any tax, as all amounts bid will be deemed and held to include any such taxes, which may be applicable. 1-1.05 INTERPRETATION OF PLANS AND DOCUMENTS -- If any person contemplates submission of a bid for the proposed contract and is in doubt as to the true meaning of any part of the services to be performed,they may submit a written request for an interpretation or correction thereof. The person submitting the request will be responsible for its prompt delivery by 5:00 p.m. of the 5th working day prior to the day of the proposed bid opening. Any interpretation or correction of the proposed documents shall be made only by addendum duly issued and copy of such addendum will be faxed and mailed or delivered to each person of record as receiving a set of such documents. The CITY will not be responsible for any other form of explanation or interpretation of the proposed documents. SP-3 1-1.06 PLANS AND SPECIFICATIONS TO BE PROVIDED -- The City will provide the Contractor with five (5) sets of Plans and Specifications at no cost after the Award of Contract. The Contractor shall obtain all additional sets at its own cost. 1-1.07 ADDENDA OR BULLETINS -- All Bidders are advised as to the possibility of issuance of addenda affecting the items, scope or quantity of the work required for this project. Each Bidder shall be fully responsible for informing themselves as to whether or not any such addenda have been issued. The effect of all addenda to the Contract Documents shall be considered in the bid and said addenda shall be made a part of the Contract Documents and shall be returned with them. Failure to cover in a bid any such addenda issued may render the bid irregular and may result in its rejection by the City. SP-4 2-1 BID REQUIREMENTS AND CONDITIONS 2-1.01 GENERAL -- Bids must SECTI suON bmi2 tted on the bid form contained herein. All bids shall be signed, sealed and accompanied by cash, cashier's check or bid bond made payable to the City of San Bernardino, in the amount of ten percent (10%) of the bid. Such cash, check or bond shall be given as a guarantee that the bidder will enter into the contract if awarded to him. In the event the bidder, to whom the contact is awarded, refuses to execute said contract, and/or fails to file the necessary bonds and insurance certificate within ten (10) working days following the date of the City's Notice of Award letter, the Bidder shall forfeit the bid bond to the City. By not executing the contract, the use by the public of the improvements will be delayed and the public will suffer great damage. From the nature of the case, it would be extremely difficult and impractical to fix the amount of said damage. Therefore, the City and the bidder agree that the bid guarantee of 10% of the bid shall be paid to the City as forfeiture. Bid bonds shall be underwritten by a surety company having a rating in Best's most recent Insurance Guide of"A" or better. Bonds must be issued by a surety who is listed in the latest version of U.S. Department of Treasury Circular 570 and is authorized to issue bonds in the State of California. The Form of Bid Bond is contained in the Bid Documents in Part I of the Special Provisions. Notarization of the signatures of the Principal and the Surety and the Power of Attorney of the signing Surety shall accompany this form. Any bid not accompanied by such bid bond will be rejected as invalid. 2-1.02 MINORITY AND WOMEN'S BUSINESS ENTERPRISES -- A policy for establishing goals for participation of Minority and Women's Business Enterprises (MBE/WBE) was adopted by Resolution No. 95-409 of the Mayor and Common Council of the City of San Bernardino, on 11-20-95. This outreach program superseded Resolution No. 93-411 and the Standard Operation Procedures dated January 1994. Bidder's outreach efforts (good faith efforts) must reach out to MBEs, WBEs and all other business enterprises. Prime bidders could reasonably be expected to produce a level of participation by interested subcontractors of 19 % MBE and 6.9 % WBE on this project, per Community Development Block Grant(CDBG) funding requirements. Certified minority and female owned subcontractors and material suppliers for the San Bernardino area located in Caltrans District 8 are listed on the California Unified Certification Program (UCP) DBE Directory and can be obtained by accessing the directory on the California Department of Transportation DBE website at http://www.dot.ca.gov/hq/bep/. Bidders shall make every reasonable effort to solicit bids from MBE/WBEs. A justification shall be provided to support the rejection of any bid from a minority or women's business enterprise, certified by Caltrans. SP-5 2-1.03 MINORITY, WOMEN AND OTHER BUSINESS ENTERPRISES AND CITY PROCUREMENTS -- It is the policy of the City of San Bernardino to provide Minority Business Enterprises (MBEs), Women Business Enterprises (WBEs) and all other enterprises an equal opportunity to participate in the performance of all CITY contracts. Bidders shall assist the CITY in implementing this policy by taking all reasonable steps to ensure that all available business enterprises, including local MBEs and WBEs, have an equal opportunity to compete for and participate in CITY contracts. Bidders' good faith efforts to reach-out to MBEs, WBEs and all other business enterprises shall be determined by the following factors: (1) The bidder attended pre-solicitation or pre-bid meetings, if any, scheduled by the CITY to inform all bidders of the requirements for the project for which the contract will be awarded. The CITY may waive this requirement if the bidder certifies it is informed as to those project requirements. (2) The bidder identified and selected specific items of the project for which the contract will be awarded to be performed by sub-contractors to provide an opportunity for participation by MBEs, WBEs and other business enterprises. The bidder shall, when economically feasible, divide total contract requirements into small portions or quantities to permit maximum participation of MBEs, WBEs and other business enterprises. (3) The bidder advertised for bids from interested business enterprises not less than ten calendar days (see Sub-Section 2-1.04 for exception) prior to the submission of bids, in one or more daily or weekly newspapers, trade association publications, minority or trade oriented publications, trade journals, or other media specified by the CITY. (4) The bidder provided written notice of its interest in bidding on the contract to those business enterprises, including MBEs and WBEs, having an interest in participating in such contracts. All notices of interest shall be provided not less than ten calendar days (see Sub-Section 2-1.04 for exception) prior to the date the bids were required to be submitted. In all instances, the bidder must document that invitations for sub- contracting bids were sent to available MBEs, WBEs and other business enterprises for each item of work to be performed. (5) The bidder documented efforts to follow up initial solicitations of interest by contracting the business enterprises to determine with certainty whether the enterprises were interested in performing specific portions of the project. SP-6 (6) The bidder provided interested enterprises with information about the Plans, Specifications and requirements for the selected sub-contracting work. (7) The bidder requested assistance from organizations that provide assistance in the recruitment and placement of MBEs, WBEs and other business enterprises not less than fifteen days (see Sub-Section 2-1.04 for exception) prior to the submission of bids. (8) The bidder negotiated in good faith with interested MBEs, WBEs and other business enterprises and did not unjustifiably reject as unsatisfactory bids prepared by any enterprises, as determined by the CITY. As documentation the bidder must submit a list of all sub-bidders for each item of work solicited, including dollar amounts of potential work for MBEs, WBEs and other business enterprises. (9) The bidder documented efforts to advise and assist interested MBEs, WBEs and other business enterprises in obtaining bonds, lines of credit, or insurance required by the CITY or Contractor. If the CITY has established expected levels of participation for MBE and WBE sub- contractors, failure to meet those levels shall not be a basis for disqualification of the bidder. A determination of the adequacy of a bidders' good faith effort must be based on due consideration of the indicia of good faith as set forth above. In the event that the CITY is considering awarding away from the lowest bidder or not awarding a contract to a proposed bidder because the bidder is determined to be non-responsive for failure to comply with the good faith indicia set forth above, the CITY shall, if requested, and prior to the award of the contract, afford the bidder the opportunity to present evidence to the Mayor and Common Council in a public hearing of the bidders' good faith efforts in making its outreach. In no case should the CITY award away pursuant to this program if the bidder makes a good faith effort but fails to meet the expected levels of participation. For the purposes of this Policy, "minority" shall be synonymous with "minority person" as defined in California Public Contract Code Section 2000(f). Nothing herein restricts the discretion of the CITY to reject all bids in accord with Charter Sections 140 and 238 or Chapter 3.04 of the San Bernardino Municipal Code. The directions set forth herein shall take effect immediately, and all CITY Departments shall modify their implementation programs to the extent such programs are inconsistent with this policy. SP-7 2-1.04 SUBMISSION OF MBE/WBE INFORMATION — GOOD FAITH EFFORTS - The Contractor may submit the MBE/WBE INFORMATION — GOOD FAITH EFFORTS document with the contract Bid Documents prior to the hour of the bid opening. If this document is not submitted with the Bid Documents, it must be submitted to the Public Works Department, upon request, by 4:30 p.m. on the fourth working day following the day of the bid opening. In the case of short bid opening periods, proof of faxes and web site postings requesting MBE, WBE participation and faxed requests for assistance in recruitment of MBEs and WBEs shall suffice. 2-1.05 REQUIRED LISTING OF PROPOSED SUBCONTRACTORS -- Each bid shall have listed therein the name and address of each subcontractor to whom the bidder proposes to subcontract portions of the work in the amount of 1/2 of one percent of his total bid or $10,000.00, whichever is greater, in accordance with the Subletting and Subcontracting Fair Practices Act, commencing with Section 4100 of the Public Contract Code. The bidder's attention is invited to other provisions of said Act related to the imposition of penalties for a failure to observe its provisions by using unauthorized subcontractors or by making unauthorized substitutions. A sheet for listing the subcontractors, as required herein, is included in the Bid Documents, in Part I of these Special Provisions. 2-1.06 REQUIRED EXAMINATION OF ALL CONTRACT DOCUMENTS A. Before submitting a Bid, each Bidder shall thoroughly examine and be familiar with the Specifications, Plans, addenda, and all other Contract Documents. The submission of a Bid shall constitute an acknowledgement upon which the CITY may rely that the Bidder has thoroughly examined and is familiar with all the Contract Documents. B. The failure or neglect of a Bidder to receive or examine any of the Contract Documents shall in no way relieve that Bidder from any obligation with respect to its Bid or to the Contract. No claim for additional compensation will be allowed which is based upon a lack of knowledge of the Contract Documents. C. The Bidder shall not be allowed any extra compensation by reason of any matter or thing, concerning that which such Bidder might have fully informed himself prior to the bidding. D. No Bidder shall at any time after submission of a bid make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. SP-8 2-1.07 REQUIRED INSPECTION OF THE SITE -- A. Bidders are required to inspect the site of the proposed work to satisfy themselves by personal examination, or by such other means as they may prefer, of the location of the proposed work, and of the actual conditions, including subsurface of, and at, the site of the proposed work. B. If, during the course of examination, a Bidder fords facts or conditions that appear to be in conflict with the letter or spirit of the bidding documents,the Bidder shall notify the Engineer immediately. C. Submission of a Bid by the Bidder shall constitute conclusive evidence that, if awarded the Contract, it has relied and is relying on its own examination of the following: 1. The site of the proposed work. 2. Access to the site. 3. All other data and matter requisite to the fulfillment of the work. 4. The Bidder's own knowledge of existing facilities on and in the vicinity of the site of the proposed work under the Contract. 5. The conditions to be encountered. 6. The character, quality, scope and complexity of the proposed work. 7. The quality and quantity of the materials to be furnished. 8. The requirements of the Specifications, Plans, any addenda, or any other Contract Documents. D. The information provided by the CITY is not intended to be a substitute for, or a supplement to, the independent verification by the Bidder to the extent such independent investigation of site conditions is deemed necessary or desirable by the Bidder. SP-9 2-1.08 DESIGN ENGINEER MAY NOT BID ON CONSTRUCTION CONTRACT -- No engineering or architectural firm which has provided design services for a project shall be eligible to bid on the contract to construct the project. Those ineligible to bid include the prime contractor for design, subcontractors of portions of the design, and affiliates of either. An affiliate is a firm which is subject to the control of the same persons, through joint ownership or otherwise. 2-1.09 WITHDRAWAL OF BIDS -- A bid may be withdrawn by a written request signed by the Bidder. Such requests must be delivered to the CITY's designated official prior to the bid opening hour stipulated in the "Notice Inviting Sealed Bids" or an amended date and hour stipulated in a signed addenda to the Special Provisions. The withdrawal of a bid will not prejudice the right of the Bidder to submit a new bid, providing there is time to do so. Bids may not be withdrawn after said bid opening hour without forfeiture of the bidder's bid guarantee. 2-1.10 IRREGULAR BIDS -- Unauthorized conditions, limitations, or provisions attached to a bid will render it irregular and may cause its rejection. The completed bid forms shall be without interlineations, alterations, or erasures. No oral, telegraphic, or telephonic bid, modification, or withdrawal will be considered. SP-10 SECTION 3 3-1 AWARD AND EXECUTION OF CONTRACT 3-1.01 GENERAL -- The award of the contract, if it be awarded, will be to the lowest responsible bidder whose bid complies with all the requirements prescribed. The award of the contract will be made by the Mayor and the Common Council at a Council meeting. The bidder, to whom the contract is awarded, shall file with the Engineer all required bonds and insurance policies, and execute the contract within 10 calendar days after receiving notification of the award. Failure to file the stipulated documents and execute the contract within the prescribed time shall constitute good and sufficient grounds for rescission of the award and payment of 10% of the bid to the CITY as liquidated damages. 3-1.02 AWARD OF CONTRACT -- Following a review of the bids, the CITY shall determine whether to award the contract or to reject all bids. The award of contract, if made, will be to the lowest responsible Bidder as determined solely by the CITY. Additionally, the CITY reserves the right to reject any or all bids, to accept any bid or portion thereof, to waive any irregularity and to take the bids under advisement for the period of time stated in the legal Notice Inviting Sealed Bids as may be required to provide for the best interest of the CITY. The Contractor's original signature on the Bid Form shall constitute a commitment on the part of the Bidder to furnish the items as set forth in the Bid Form, the Special Provisions-Instructions to Bidders, the Plans, the Standard Specifications, the Notice Inviting Sealed Bids and Addenda, together with any attachments. The Bidder to whom the contract is awarded shall be notified upon approval of the contract by the Mayor and Common Council. The Bid Form, the Special Provisions-Instructions to Bidders, the Plans, the Standard Specifications, the Notice Inviting Sealed Bids and Addenda, together with any attachments, shall be considered as part of the contract between the CITY and the Contractor to whom the contract is awarded. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the Bidder to whom the award is contemplated. 3-1.03 CONTRACT BONDS -- The Payment and Faithful Performance Bonds shall be filed with the Engineer before the Notice to Proceed is executed by the CITY. In accordance with Section 2-4, "CONTRACT BONDS", of the Standard Specifications, the contract bonds, including Payment Bond (Material and Labor Bond) and Performance Bond shall be underwritten by a surety company having a rating in Best's most recent Insurance Guide of"A" or better. Bonds must be issued by a surety who is listed in the latest version of U.S. Department of Treasury Circular 570 and is authorized to issue bonds in the State of California. The Contractor shall provide to the CITY three (3) original "wet" copies of Payment and Performance Bonds equal to 100% of the award amount of the contract. SP-11 3-1.04 DISQUALIFICATION OF BIDDERS -- In the event that any Bidder acting as a prime contractor has an interest in more than one submitted bid, all such submitted bids will be rejected and the Bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one Bidder and, while doing so, may also submit a formal bid as a prime contractor. No contract will be executed unless the Bidder is licensed in accordance with the provisions of the State Business and Professions Code. The Contractor shall fill out all documents contained in the Bid Document section, and comply with all the requirements of the Bid Documents and specifications contained in the Special Provisions. Failure of the bidder to fulfill the requirements of the Special Provisions for submittals required to be furnished after bid opening, including but not limited to documents required per federal provisions and conditions, and BMP/SWPPP, traffic control and detour plans or escrowed bid documents, where applicable, will delay the issue of the Notice to Proceed, and such delay will subject the bidder to a negative determination of the bidder's responsibility should the bidder choose to participate in future public works bid offerings. SP-12 SECTION 4 4-1 CONSTRUCTION DOCUMENTATION, COMMENCEMENT OF WORK TIME OF COMPLETION AND LIQUIDATED DAMAGES 4-1.01 GENERAL -- Attention is directed to the provisions of Section 6, "Prosecution, Progress and Acceptance of the Work", of the Standard Specifications and these Special Provisions. 4-1.02 PRE-CONSTRUCTION MEETING -- The Pre-Construction Meeting shall be within 10 working days of the notification of the award of the contract by the Mayor and Common Council. The Contractor shall, at the time of the notification of award, inform the Construction/Survey Manager of any special circumstances or conditions that might prohibit the Contractor from attending a Pre-Construction Meeting during this period, or from commencing work as scheduled. The Contractor's representative and the Contractor's principal subcontractors (performing $10,000 or above of the Contract work) shall attend the CITY's pre-construction meeting. The Contractor and principal subcontractors shall also attend all separate pre- construction meetings required by other agencies and utilities involved in this Project. 4-1.03 NOTICE TO PROCEED -- The Notice to Proceed shall not be issued until all required documents have been submitted and approved by the CITY. The Contractor shall immediately notify and obtain the approval of the Construction/Survey Manager, prior to the Pre- Construction Meeting, should special circumstances or conditions exist that might prohibit the Contractor from providing all required documentation and commencing work as scheduled within 10 working days of the Pre-Construction meeting. Required documentation shall include the Contractor's applicable NPDES plan (for required submittal time refer to Section 6-1.03 of these Special Provisions), the proposed Construction Schedule, Traffic Control Plan and Traffic Detour Plan (as required). The Construction Schedule shall be supported by written statements from each supplier of materials or equipment indicating that all orders have been placed and acknowledged and setting forth the dates that each item will be delivered. The schedule shall be in the form of a tabulation, chart or graph. 4-1.04 WORKING DAYS -- The Contractor shall diligently prosecute the work to completion before the expiration of 40 WORKING DAYS from the date of the "NOTICE TO PROCEED". SP-13 4-1.05 PERMITS AND LICENSES -- Prior to issuance of a "Notice to Proceed", Contractor shall obtain a CITY Business Registration from the City Clerk's Office, San Bernardino City Hall, 300 North"D" Street, 2°d Floor, San Bernardino, CA 92418. 4-1.06 LIQUIDATED DAMAGES -- The Contractor shall pay to the City of San Bernardino the sum of $500.00 per day for each calendar day's delay in finishing the work in excess of the number of working days prescribed above. In case all the work called for is not completed in all parts and requirements within the time specified, the CITY shall have the right to grant or deny an extension of time for completion, as. may seem best to serve the interest of the CITY. The Contractor will not be assessed with liquidated damages during the delay in the completion of the work caused by acts of God or of the Public Enemy, acts of the State, fire not due to acts of Contractors or Subcontractors, epidemics, quarantine, restrictions, freight embargo, unusually severe weather, or delays of Subcontractors due to such causes provided that the Contractor shall, within ten (10) days from the beginning of such delay, notify the CITY, in writing, of the cause of the delay. The CITY will ascertain the facts and the extent of the delay, and the findings thereon shall be final and conclusive. 4-1.07 PROGRESS REPORTS AND ACCOUNTING OF CONTRACTOR WORKING DAYS -- The Contractor shall submit periodic Progress Reports to the Engineer by the tenth of each month. The report shall include an updated Construction Schedule. Any deviations from the original schedule shall be explained. Progress payments will be withheld pending receipt of any outstanding reports. Section 6-7.3, "Contract Time Accounting", of the Standard Specifications is superseded by these Special Provisions. The Engineer or his/her designee will make a daily determination of each working day to be charged against the contract time. Per the Contractor's written request, the Engineer will provide working and non-working days to the Contractor. 4-1.08 INSPECTION -- The Contractor is responsible to notify the Public Works Department Inspection 48 hours prior to the start of any work. Any work performed without inspection by the CITY is subject to rejection and removal of work performed and, at the Contractor's expense, the work will have to be reconstructed. At the CITY's request, and the Contractor's expense, any pipes less than 24" must be inspected by camera for joint grouting and any other inspection. For inspection after regular working hours, see Section 6-1.06 "HOLIDAYS, WORKING DAYS AND HOURS", of these Special Provisions. SP-14 SECTION 5 5-1 LEGAL REQUIREMENTS 5-1.01 INSURANCE REQUIREMENTS, -- The Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. The Contractor shall indemnify and save harmless the City of San Bernardino, the County of San Bernardino, the State of California, and/or any incorporated city from all claims or suits for damages arising from the prosecution of the contract work, as more fully described in Subsection 5-1.06, "Contractor's Liability", of these Special Provisions.. The Contractor agrees to protect, defend and indemnify the City of San Bernardino against loss, damage or expense by reason of any suit claims, demands, judgments and causes of action caused by the Contractor, its employees, agents or any subcontractor, or by any third party arising out of or in consequence of the performance of all or any operations covered by the Certificate of Insurance. The Contractor, at its option, may include such coverage under Public Liability coverage. 5-1.02 LIABILITY INSURANCE -- The Contractor's attention is directed to Section 7-3, "Liability Insurance", of the Standard Specifications, providing that the Contractor shall furnish the CITY with a policy or certificate of liability insurance prior to execution of the contract. All of the Insurance Policies shall name the City of San Bernardino as an additional insured. The endorsement shall be provided by the broker or agent of the insurance company and shall be notarized to that effect. ACCORD Forms are not acceptable, nor forms signed by the broker, unless they have Power of Attorney to bind the insurance provider. (See attached sample forms.) Contractor shall maintain minimum limits of insurance no less than: 1. General Liability: $1,000,000.00 per occurrence and $2,000,000.00 aggregate for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this project/location; 2. Products/Completed Operations: $1,000,000.00 per occurrence and $2,000,000.00 aggregate; SP-15 3. Automobile Liability: $1,000,000.00 per accident for bodily injury and property damage; 4. Employer's Liability: $1,000,000.00 per accident for bodily injury or illness; 5. Course of Construction: Completed value of the project. 5-1.03 WORKERS' COMPENSATION INSURANCE -- The Contractor's attention is directed to Section 7-4, "Workers' Compensation Insurance", of Standard Specifications, providing that the Contractor shall file a signed Certificate of Workers' Compensation Insurance before execution of the contract. 5-1.04 PAYMENT OF PREVAILING WAGE RA'I'L -- The Contractor and all subcontractors shall pay each craft or worker employed on this project not less than the prevailing wage rates specified in Resolution No. 90-358 of the Mayor and Common Council of the City of San Bernardino. The Engineer shall have the right to interview any craft or worker on the project site in order to verify payment of prevailing wage rates in accordance with Resolution No. 90-358. Prevailing wage shall comply with current rates and all updates in effect 10 days prior to the bid opening of the project. The Contractor shall pay the higher of the latest State or Federal Prevailing Wage Determination. Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by the Contractor and subcontractors, the Contractor and subcontractors shall pay not less than the Federal minimum wage rate, which most closely approximates the duties of the employee in question. The Contractor shall comply with the provisions in Sections 10262 and 10262.5 of the Public Contract Code and Section 7108.5 of the Business and Professions Code concerning prompt payment to subcontractors. 5-1.05 PAYROLL RECORDS -- The Contractor's attention is directed to the following provisions of Labor Code Section 1776. The Contractor shall be responsible for the compliance with these provisions by his subcontractors. (a) The Contractor and all subcontractors shall keep an accurate payroll record, showing the name address, social security number, work classification, straight time, and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with public work. SP-16 (b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis: (1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to such employee or his or her authorized representative on request. (c) Each Contractor shall file a certified copy of the records enumerated in subdivision (a) with the Engineer on a weekly basis. It will be the Contractor's responsibility to submit the records enumerated in subdivision (a) for all his subcontractors, in addition to his own employees. Failure to submit the records enumerated in subdivision (a) on a timely basis shall constitute good and sufficient reason for withholding the partial payments for work accomplished. 5-1.06 EMPLOYMENT OF APPRENTICES -- This project is subject to federal trainee requirements for the employment of apprentices. The Contractor shall follow the Federal Regulation guidelines found in Part III of these Special Provisions. The Contractor shall confirm that all apprentices are registered with an apprenticeship program that is in turn currently registered with the U S Department of Labor Office of Apprenticeship (DOLOA) and listed on the DOLOA website at http://oa.doleta.gov/. The Contractor's attention is directed to the provisions in the following section of the California Labor Code concerning employment of apprentices on public works projects: 1773.3 An awarding agency whose public works contract falls within the jurisdiction of Section 1777.5 shall, within five days of the award, send a copy of the award to the Division of Apprenticeship Standards. When specifically requested by a local joint apprenticeship committee, the division shall notify the local joint apprenticeship committee regarding all such awards applicable to the joint apprenticeship committee making the request. Additional information regarding the Contractor's options for the employment of apprentices registered with the California Department of Industrial Relations, DAS can be obtained at http://www.dir.ca.gov/DAS/PublicWorksForms.htm. 5-1.07 CONTRACTOR'S LIABILITY -- The City of San Bernardino, the Mayor and Common Council, the City Manager or the City Engineer shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof; or for any of the materials or other things used or employed in performing the work; or for injury to any person or persons, either workers or the public; or for damage to any person or persons, either workers or the public; or for damage to adjoining property from any cause which might have been SP-17 prevented by the Contractor, or his workers, or any one employed by him; against all of which injuries or damages to persons and property the Contractor, having control over such work, must properly guard. The Contractor shall not encroach on private property adjacent to this project in any phase of the construction without first obtaining a signed Right Of Entry document from the property owner and submitting this Right Of Entry to the Engineer for approval, prior to any entry or encroachment onto private property. The Contractor shall be responsible for any injury to any person or damage to property resulting from any defects or obstruction occurring any time before project completion and final acceptance, and shall indemnify and save harmless the City of San Bernardino, the Mayor and Common Council, the City Manager or the City Engineer from all suits or actions of every name and description brought for, or on account of, any injuries or damages received or sustained by any person or persons, by the Contractor, his servants or agents, in the construction of the work or in consequence of any negligence in guarding the same, in improper materials used in its construction, by or on account of any act or omission of the Contractor or his agents, and so much of the money due the Contractor under and by virtue of the Contract as shall be considered necessary by the CITY may be retained by the CITY until disposition has been made of such suits or claims for damages aforesaid. If, in the opinion of the Engineer, the precautions taken by the Contractor are not safe or adequate at any time during the life of the Contract, the Engineer may order the Contractor to take further precautions, and if the Contractor shall fail to do so, the Engineer may order the work done by others and charge the Contractor for the cost thereof, such cost to be deducted from any monies due, or becoming due, the Contractor. Failure of the Engineer to order such additional precautions, however, shall not relieve the Contractor from his full responsibility for public safety. 5-1.08 DIFFERING SITE CONDITIONS -- During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before they are disturbed and before the affected work is performed. Upon written notification, the Engineer will investigate the conditions, and if the Engineer determines that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding loss of anticipated profits, will be made and the contract modified in writing accordingly. The Engineer will notify the Contractor of his determination whether or not an adjustment of the contract is warranted. SP-18 No conflict adjustment which results in a benefit to the Contractor will be allowed unless the Contractor has provided the required written notice. No contract adjustment will be allowed under the provisions specified in this section for any effects caused on unchanged work. Any contract adjustment warranted due to differing site conditions will be made in accordance with the provisions in Section 3-4, "Changed Conditions", of the Standard Specifications. 5-1.09 REMOVAL OF ASBESTOS AND HAZARDOUS SUBSTANCES -- When the presence of asbestos or hazardous substances are not shown on the plans or indicated in the specifications and the Contractor encounters materials which the Contractor reasonably believes to be asbestos or a hazardous substance as defined in Section 25914.1 of the Health and Safety Code, and the asbestos or hazardous substance has not been rendered harmless, the Contractor may continue work in unaffected areas reasonably believed to be safe. The Contractor shall immediately cease work in the affected area and report the condition to the Engineer in writing. In conformance with Section 25914.1 of the Health and Safety Code, removal of asbestos or hazardous substances including exploratory work to identify and determine the extent of the asbestos or hazardous substance will be performed by separate contract. If delay of work in the area delays the current controlling operation, the delay will be considered a right of way delay and the Contractor will be compensated for the delay in conformance with the provisions in Section 8-1.09, "Right of Way Delays", of the Standard Specifications. 5-1.10 ATTORNEY'S FEES AND ARBITRATION -- The prevailing party in any legal action to enforce or interpret any provisions of this Agreement will be entitled to recover from the losing party all attorney fees, court costs and necessary disbursements in connection with that action. The costs, salary and expenses of the City Attorney and members of his office, in connection with that action, shall be considered as attorney's fees for the purposes of this Agreement. Caltrans Standard Specifications Section 9-1.10 regarding Binding Arbitration is hereby specifically excluded from this Contract. 5-1.11 CITY BUSINESS REGISTRATION CERTIFICATE -- The Contractor warrants it possesses, or shall obtain, and maintain during the term of this Agreement, a business registration certificate pursuant to Title 5 of the City of San Bernardino Municipal Code, and any and all other licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required of contractor/consultant/vendor to practice its profession, skill or business. Contractor shall obtain a City of San Bernardino Business Registration at his/her own expense. SP-19 ACCORD FORM INSURANCE SAMPLE: ACCORD CERTIFICATE OF INSURANCE DATE(MM/YY/DD) oo/oo/oo PRODUCER THIS CERTIFICATE ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. COMMERCIAL ASSOCIATES INS.,INC. THIS CERTIFICATE DOES NOT AMEND,EXTEND, OR ALTER 1226 EAST LA PALMA AVENUE THE COVERAGE AFFORDED BY THE POLICIES BELOW. ANAHEIM, CA 92807 COMPANIES AFFORDING COVERAGE (714)524-4949 FAX: (7145)524-4940 COMPANY A CNA-TRANSCONTINENTAL INSURED COMPANY B CNA—VALLEY FORGE COMPANY YOUR COMPANY NAME C CHUBB GROUP—FEDERAL INSURANCE AND ADDRESS COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM,OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY POLICY EFFECTIVE POLICY EXPIR LIMITS LTR NUMBER DATE(MM/YY/DD) DATE(MM/YY/DD) GENERAL LIABILITY EACH OCCURRENCE $1,000,000 X COMMERCIAL GEN LIABILITY FIRE DAMAGE(ANY ONE FIRE) A $ 500,000 CLAIMS MADE OCCUR MED EXP(ANY ONE PERSON) $ 5,000 X OWNER'S&CONTRACTOR'S PROT 102267576 02/01/98 02/01/99 PERSONAL&ADV INJURY $1,000,000 GENERAL AGREGATE $2,000,000 PRODUCTS-COMP/OP AGG $2,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 X AUTO BODILY INJURY (Per Person) _ $ B ALL OWNED AUTOS BODILY INJURY (Per cident) $ BAP 5197135 02/01/98 02/01/99 ERTY DAMAGE SCHEDULED AUTOS ccident $ HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY $ TO ONLY-EACH ACCIDENT other than auto only: ANY AUTO EACH $ ACCIDENT other than auto only: AGGREGATE WORKERS COMPENSATION AND X WORKERS COMP EMPLOYER'S LIABILITY STATUTORY LIMITS C E.L.EACH ACCIDENT $1,000,000 PSI 02/01/99 THE PROPRIRETOR/ INCL E.L.DISEASE—EA EMPLOYEE —$1,000,000 PARTNERS/EXECUTIV $1,000,000 E OFFICERS ARE: EXCL E.L.DISEASE—POLICY LIMIT OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS JOB LOCATION: ALL CALIFORNIA OPERATIONS OF THE NAMED INSURED RE: (INSERT PROJECT NAME) BELOW NAMES AS ADDITIONAL INSURED WITH RESPECT TO GENERAL LIABILITY AS REQUIRED BY PROJECT CONTRACT CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE CITY OF SAN BERNARDINO THE ISSUEING COMPANY WILL MAIL_30_DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMES TO THE DEPARTMENT OF PUBLIC WORKS LEFT. 300 N. "D" STREET, 3RD FLOOR AUTHORIZED REPRESENTATIVE SAN BERNARDINO,CA 92418-0001 JOHN E.SMITH (Signature) ACCORD 25-S (1/95) C ACCORD CORPORATION SP-20 COMMERCIAL GENERAL LIABILITY NAMED INSURED: POLICY NUMBER: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS ( FORM B ) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART-OCCURRENCE SCHEDULE NAME OF PERSON OR ORGANIZATION: CITY OF SAN BERNARDINO DEPARTMENT OF PUBLIC WORKS 300 NORTH "D" STREET, 3RD FLOOR SAN BERNARDINO, CA 92418-0001 SAMPLE ONLY (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work" for that insured by or for you. NOTE: MUST BE SIGNED BY AUTHORIZED REPRESENTATIVE FOR PROVIDER SUPPLY POWER OF ATTORNEY GIVING AUTHORITY TO BIND CG 20 10 11 85 Authorized Representative for CNA Insurance Group Golden Eagle Insurance Company SP-21 SECTION 6 6-1 GENERAL 6-1.01 INCREASED OR DECREASED QUANTITIES -- If the total pay quantity of any item of work subject to the provisions in Section 3-2.2.1, "Contract Unit Prices", "increased or decreased quantities", of the Standard Specifications varies by more than 25 percent, compensation payable to the Contractor will be determined in accordance with said Section 3-2.2.1 and these Special Provisions. When the compensation payable for the number of units of an item of work performed in excess of 125 percent of the Engineer's Estimate is less than $1,500 at the applicable contract unit price, the Engineer reserves the right to make no adjustment in said price if he so elects, except that an adjustment will be made if requested in writing by the Contractor. Such Contractor's request shall be accompanied by adequate, detailed data to support costs of the item. Should the total pay quantity of any item of work required under the contract be less than 75 percent of the Engineer's Estimate, therefor, the Engineer reserves the right to make no adjustment in said price if he so elects, except that an adjustment will be made if requested in writing by the Contractor. Such Contractor's request shall be accompanied by adequate, detailed data to support costs of the item. The payment of the total pay quantity of such item of work will in no case exceed the payment which would be made for the performance of 75 percent of the Engineer's Estimate of the quantity at the original contract unit price. 6-1.02 SOUND CONTROL REQUIREMENTS -- Sound control shall comply with Chapter 8.54 of the City of San Bernardino Municipal Code and these Special Provisions. The noise level from the Contractor's operations between the hours of 9:00 p.m. and 6:00 a.m. shall not exceed 86 dbA at the distance of 50 feet. This requirement in no way relieves the Contractor from responsibility for complying with local ordinances regulating noise levels Said noise level requirements shall apply to all equipment on the job or related to the job, including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel. SP-22 6-1.03 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) REQUIREMENTS -- The Contractor shall adhere strictly to Sections 7-8 and 7-10 of the Standard Specifications for Public Works (Green Book) through the entire project. The Contractor, without limitation, shall be responsible to provide and implement Best Management Practices to comply with National Pollution Discharge Elimination System (NPDES) standards and practices. The Contractor shall be responsible, to the fullest extent possible, not to permit any contaminants, including soil, to enter any drainage system. Contractor shall be responsible to be prepared to provide hay bales or similar devices to prevent erosion from being washed into the storm drain system. The Contractor shall be responsible to maintain equipment so that oil, grease, gasoline, diesel fuel, et al., does not contaminate areas subject to run-off. The Contractor and its Surety shall fully indemnify the City for any pollution damage and/or cleaning costs. All construction on off-site or on-site improvements shall adhere to NPDES (National Pollution Discharge Elimination System) Best Management Practices to prevent deleterious materials or pollutants from entering the City or County storm drain systems. The following are the areas to be addressed where applicable: 1. Handle, store and dispose of materials properly. 2. Avoiding excavation and grading activities during wet weather. 3. Construct diversion dikes and drainage swales around working sites. 4. Cover stockpiles and excavated soil with secured tarps or plastic sheeting. 5. Develop and implement erosion control plans. 6. Check and repair leaking equipment away from construction site. 7. Designate a location away from storm drains for refueling. 8. Cover and seal catch basins whenever working in their vicinity. 9. Use vacuum with all concrete sawing operations. 10. Never wash excess material from aggregate, concrete or equipment onto a street 11. Catch drips from paver with drip pans or absorbent material. 12. Clean up all spills using dry methods. 13. Sweep all gutters at the end of each working day. Gutters shall be kept clean after leaving construction site. 14. Call 911 in case of a hazardous spill. 15. Keep a running log of all activities in connection with the Storm Water Pollution Prevention Plan (SWPPP) 16. Name a person, on site, responsible for complying with S.W.P.P.P. BEST MANAGEMENT PRACTICES ( BMPs ): Best Management Practices shall be defined as any program, technology, process, site criteria, operating method, measure, or device which controls, prevents, removes, or reduces pollution. The Contractor shall obtain and refer to the California Storm Water Best Management Practice Handbooks, Volume 3 Construction BM? Handbook and the County Regional Best Management Practices Handbook for Construction Activities. SP-23 The Contractor shall have a minimum of two (2) readily accessible copies of each publication on the Work site at all times. The Contractor shall implement the following BMPs in conjunction with the construction operation and activities: CONSTRUCTION PRACTICES Water Conservation Practices Dewatering Paving Operations Structure Construction and Painting MATERIAL MANAGEMENT Material Delivery and Storage Material Use Spill Prevention and Control WASTE MANAGEMENT Solid Waste Management Hazardous Waste Management Contaminated Soil Management Concrete Waste Management Sanitary/Septic Waste Management VEHICLE AND EQUIPMENT MANAGEMENT Vehicle and Equipment Cleaning Vehicle and Equipment Fueling Vehicle and Equipment Maintenance VEGETATIVE STABILIZATION Scheduling Preservation of Existing Vegetation Temporary Seeding and Planting Mulching PHYSICAL STABILIZATION Geotextiles and Mats Soil Stabilizer/Dust Control Temporary Stream Crossing Stabilized Construction Roadway Stabilized Construction Entrance SP-24 RUNOFF DIVERSION Sodding, Grass Plugging, and Vegetative Buffer strips Earth Dikes, Drainage Swales, and Lined Ditches Top and Toe of Slope Diversion Ditches/Berms Slope Drains and Subsurface Drains VELOCITY REDUCTION Flared Culvert End Sections Outlet Protection/Velocity Dissipation Devices Check Dams Slope Roughening/Terracing/Rounding SEDIMENT TRAPPING Silt Fences Straw Bale Barrier Sand Bag Barrier Brush or Rock Filter Storm Drain Inlet Protection Sediment Traps Sediment Basin Additional BMPs may be required as a result of a change in actual field conditions, contractor activities, or construction operations. When more than one BMP is listed under each specific BMP category, the Contractor shall select the appropriate and necessary number of BMPs within each category in order to achieve the BMP objective. BMPs for contractor activities shall be continuously implemented throughout the project. Resources to implement BMPs for erosion control and sedimentation shall be readily available and implemented throughout the construction phase and whenever the National Weather Service predicts rain within 24 hours. BMPs for erosion control and sedimentation shall also be implemented prior to the commencement of any contractor activity or construction operation that may produce run-off, and whenever run-off from other sources may occur. The CITY, as Permittee, is subject to enforcement actions by the State Water Resources Control Board, Environmental Protection Agency, and private citizens. The CITY may assess the Contractor a penalty of$1,000 for each calendar day that the Contractor has not fully implemented the BMPs specified for the Contract and/or is otherwise in noncompliance with these provisions. In addition, the CITY will deduct, from the final payment due the Contractor, the total amount of any fines levied on the CITY, plus legal and staff costs, as a result of the Contractor's lack of compliance with these provisions and/or less than complete implementation of the specified BMPs. SP-25 STORM WATER POLLUTION PREVENTION PLAN ( SWPPP ): A Storm Water Pollution Prevention Plan (SWPPP) shall be defined as a report that includes site map(s), identification of construction and contractor activities that could pollute storm water, and a description of measures and practices to control the potential pollutants. The preparation and implementation of the SWPPP is intended to ensure that the Contractor will make every reasonable effort to prevent the pollution of water resources during the period of construction. All projects, regardless of size, shall have a SWPPP developed prior to the performance of any soil disturbing activities. Projects over one acre are placed under the regulations of the National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharge Associated with Construction Activity. In the State of California, these regulations are adopted by the State Water Resources Control Board and as such projects that fall into this category must submit a Notice of New Construction (NONC) to the State Water Resources Control Board (SWRCB) to obtain a waste discharge identification number (WDID). This information is available for review and downloading on the State of California, Department of Transportation web site at http://www.dot ca.gov/hq/construc/stormwater/manuals. SWPPP's over one acre shall be prepared under the supervision of, and signed by, a Civil Engineer registered by the State of California. All SWPPP's shall include and incorporate BMPs that address contractor activities, erosion, and sedimentation control. The SWPPP shall also include and incorporate appropriate BMPs for run-off generated by construction activities and other non-storm water sources. During all periods of construction, excavated soils which are stored on-site shall be completely covered with waterproof material and sand (or gravel) bagged or bermed in order that, in the event of a storm, no soil becomes mixed with or transported by storm water run-off. If, during construction operations, field conditions change in a manner which, in the opinion of the Engineer, significantly deviates from how the SWPPP, as approved by the CITY, addressed the current construction operation, the Engineer may direct the Contractor to revise the current construction operation andlor the SWPPP. Such directions will be made in writing and will specify the items of work for which the SWPPP is inadequate. No further work on these items will be permitted until the Contractor revises the construction operations to the satisfaction of the Engineer andlor until the Contractor submits a revised SWPPP and receives CITY approval. The Engineer shall notify the Contractor of the acceptance or rejection of the revised SWPPP within seven (7) working days from the date of submittal. The BMP (Best Management Practices) and/or SWPPP (Storm Water Pollution Prevention Plan) shall be submitted to the CITY for review and approval a minimum of ten (10) working days prior to the commencement of construction operations in accordance with this Section 6- 1.03 of these Special Provisions. SP-26 The City's NPDES Section shall be contacted prior to any work to determine whether or not the project will require the development of a Water Quality Management Plan(WQMP). THE CONTRACTOR SHALL COMPLY WITH THESE REQUIREMENTS AND CITY ENGINEER'S DIRECTIONS DURING THE COURSE OF CONSTRUCTION. Full compensation for the implementation of BMPs, including the construction, removal, and the furnishing of all necessary labor, equipment, and materials to comply fully with NPDES requirements shall be considered as included in the contract bid lump sum price, or if no specific bid item, the contract bid prices paid for the various bid items of work, and no additional compensation shall be allowed therefor. Full compensation for preparation of the SWPPP, revisions to the SWPPP, and all other related costs, including the construction, removal, and the furnishing of all necessary labor, equipment, and materials to comply fully with NPDES requirements shall be considered as included in the contract bid lump sum price, or if no specific bid item, the contract bid prices paid for the various bid items of work, and no additional compensation shall be allowed therefor. 6-1.04 PERMITS AND LICENSE -- The Contractor shall pay for and obtain a City Business Registration prior to the execution of the contract. Contractor shall obtain a City of San Bernardino Business Registration at his/her own expense. Prior to the commencement of work, the Contractor shall obtain a construction permit at no cost from the City of San Bernardino, Public Works Department, located at San Bernardino City Hall, 300 North "D" Street, 3rd Floor, San Bernardino, California. The permit shall be kept in a readily available place on the job site at all times during construction. While no fee will be charged for the permit, no permit will be issued unless the Contractor provides a code reference number from USA. The Contractor shall obtain all required permits from all other City of San Bernardino Departments/divisions and/or agencies including, but not limited to the Community Development, Building and Safety Division, the Public Works Department, Street Division, any involved water agency, county flood control, railroad, Caltrans, Fish & Game, Corp. of Engineers, Regional Water Quality Board, etc., at his/her own expense, unless otherwise stated in the Plans and Specifications. These fees and permits shall include water and sewer hook-up, meter, inspection and flagging fees. SP-27 6-1.05 EXTRA WORK AND MARKUP -- Any extra work done shall conform to the provisions of Section 3.3, "Extra Work", of the Standard Specifications, subject to the restrictions of Section 20452 and 20455 of the Public Contract Code. A. Work by Contractor The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor 20 2) Material 15 3) Equipment Rental 15 4) Other items and Expenditures 15 To the sum of the costs and markups provided for in this subsection, compensation for bonding shall be at the rate specified by the bonding company. B. Work by Subcontractor When all or any part of the extra work is performed by a Subcontractor, the markup established above shall be applied to the Subcontractor's actual cost of such work, also a markup of 10 percent on the first $5,000.00 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of$5,000.00 of the subcontracted portion of the extra work may be added by the Contractor. 6-1.06 HOLIDAYS, WORKING DAYS AND HOURS -- The Contractor's activities shall be confined to the hours between 7:00 a.m. and 4:30 p.m., Monday through Thursday, excluding holidays, as defined in this section. Deviation from these hours will not be permitted without the prior consent of the Engineer, except in emergencies involving immediate hazard to persons or property. No traveled lane shall be closed during rush hour, (7:00 a.m. to 8:30 a.m. and 4:30 p.m. to 6:00 p.m., unless approved by the Engineer. The Contractor will coordinate inspections with the Public Works Inspector 48 hours prior to any work being done during evenings, Fridays or Saturdays. The Contractor shall coordinate with the Engineer regarding working hours prior to start of construction. Except for Fridays, in the event of either a requested or emergency deviation, inspection service fees will be charged against the Contractor. The service fees will be calculated at overtime rates, including benefits, overhead and travel time. SP-28 Designated legal Holidays are: January 1St, the third Monday in January, the third Monday in February, the last Monday in May, July 4th, the first Monday in September, November 11th, Thanksgiving Day and the Friday following, December 25th and the working day preceding or following (as directed by the Mayor and Common Council) and the last working day of the year. When a designated legal holiday falls on a Sunday, the following Monday shall be a designated legal holiday. When a designated legal holiday falls on a Saturday, the preceding Friday shall be designated a legal holiday. 6-1.07 PAYMENTS -- Attention is directed to Section 9-3, "Payments", and 9-3.2, "Partial and Final Payment", of the Standard Specifications and these Special Provisions. No partial payment will be made for any materials which are furnished, but not incorporated in the work. The Contractor shall submit "As Built" project drawings to the Engineer prior to the release of final payment and/or bonds. 6-1.08 PROJECT APPEARANCE -- The contractor shall maintain a neat appearance to the work including use of street sweeping and graffiti removal. The Contractor shall inspect the project site each working day and be prepared to remove debris and graffiti from all surfaces, including security fencing, on the day of occurrence. In any area visible to the public, the following shall apply: When practicable, broken concrete and debris developed during clearing and grubbing shall be disposed of concurrently with its removal. If stockpiling is necessary, the material shall be removed or disposed of weekly unless otherwise specified. The Contractor is encouraged to recycle all materials. The Contractor shall provide the CITY all documents as to the weight of materials removed during excavations in accordance with the requirements of AB939. 6-1.09 DISPOSAL OF EXCESS EXCAVATED OR REMOVED MATERIAL -- Unless otherwise specified, all excess excavation or removed material shall become the property of the Contractor and shall be disposed of by him away from the site of the work. SP-29 6-1.10 SURVEYING SERVICE -- Not applicable for this project. 6-1.11 CLAYTON ACT AND CARTWRIGHT ACT -- Section 4551 of the State Government Code specifies that in executing a public works contract with the CITY to supply goods, services or materials, the Contractor or Subcontractor offers and agrees to assign to the CITY all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 commencing with Sec. 16700) of Part 2 of Division 7 of the Business and Professions Code, arising from purchase of goods, services or materials pursuant to the contract or subcontract. This assignment shall become effective when the CITY tenders final payment to the Contractor without further acknowledgement by the parties. 6-1.12 PROJECT ERRORS, OMISSIONS, INCONSISTENCIES, AND/OR DISCREPANCIES -- In the event of errors, omissions, inconsistencies, and/or discrepancies among two or more portions of the Contract Documents, the Engineer may direct the Contractor to follow the most stringent requirements at no additional cost. If errors, omission, inconsistencies, and/or discrepancies appear in the Contract Documents or in the work done by others affecting this work, the Contractor shall immediately notify the Engineer prior to proceeding with the work, and the Engineer shall issue appropriate instructions. If the Contractor proceeds with the work so affected, without instructions from the Engineer, the Contractor shall remove the incorrect work or make the necessary corrections to comply with the Engineer's instructions at no cost to the City of San Bernardino. In case of conflicts, errors, omissions, inconsistencies, and/or discrepancies on the plan sheets, it is assumed that the bid included the cost for implementing and/or constructing the discrepancy that would have the highest dollar value. 6-1.13 EMERGENCY INFORMATION -- The names, addresses and telephone numbers of the Contractor and subcontractors, or their representatives, which can be reached and will respond to calls 24 hours/day, shall be filed with the Office of the City Engineer prior to beginning work. 6-1.14 MAINTENANCE OF EXISTING IMPROVEMENTS -- The Contractor shall protect and maintain all existing improvements and facilities in place to remain from the first day of work under this contract to acceptance. The Contractor is responsible for replacing any damaged improvement or facility to original condition or better. SP-30 6-1.15 CONTRACTOR'S SAFETY RESPONSIBILITY -- The Contractor shall be solely and completely responsible for conditions of the jobsite, including safety of all persons and property during performance of the work. This requirement shall apply continuously and not be limited to normal working hours. Safety provisions shall conform to U.S. Department of Labor (OSHA), the California Occupational Safety and Health Act, and all other applicable Federal, State, County, and City laws, ordinances, regulations, codes, the requirements set forth below, and any regulations that may be detailed in other parts of the Contract Documents. Where any of these are in conflict, the more stringent requirement shall be followed. 6-1.16 SAFETY SUPERVISOR AND MEETINGS -- A. The Contractor shall appoint an employee as safety supervisor who is qualified and authorize to supervise and enforce compliance with the Safety Program. The Contractor shall notify the Engineer in writing prior to the commencement of work of the name of the person who will act as the Contractor's Safety Supervisor. B. The Contractor will, through and with his Safety Supervisor, ensure that all of its employees, and its subcontractors of any tier, fully comply with the Project Safety Policies. The Safety Supervisor shall be a full-time employee of the Contractor whose responsibility shall be for supervising compliance with applicable safety requirements on the work site and for developing and implementing safety training classes for all job personnel. C. The Contractor and its affected subcontractors shall attend safety coordination meetings. The minutes of their meetings shall be submitted to the Engineer. 6-1-17 MEETINGS -- A. The Contractor shall attend weekly progress meetings at the project site. B. In general, these meetings will be attended by the Contractor, the Engineer or his designee, and any subcontractors, suppliers, distributors or other concerned individuals with issues or items to discuss. C. Meeting minutes will be taken by the Engineer or his/her designee. The meeting minutes will be available to the Contractor at the following weekly meeting. The Contractor shall be responsible to distribute the meeting minutes to all parties performing work under his contract. SP-31 D. The Engineer shall have the authority to require that a mandatory meeting be held at any time during normal work hours. E. These meetings shall be attended by the Contractor, the Engineer or his/her designee, and any subcontractors specified by the Engineer. 6-1.18 PAYMENT -- Full compensation for conforming to the requirements of Section 6 shall be considered as included in the prices paid for the various contract bid items of work involved, and no additional compensation will be allowed therefor. SP-32 SECTION 7 7-1 UTILITIES 7-1.01 GENERAL -- The location of all utility substructures that may affect the work shall comply with Section 5, "Utilities", of the Standard Specifications and these Special Provisions. The Contractor shall notify the Engineer immediately of any conflict. The Contractor shall match existing products. The Contractor is responsible for coordinating work with the utility owners. Certain companies, governmental agencies, or their contractors may be working within the construction area. Certain utility facilities at various locations within the project limits may be removed, relocated, abandoned, or installed by companies' or agencies' contractors. The Contractor shall coordinate his work with utility owners and their contractors. The Contractor shall exercise due caution to prevent any damage to/or movement of these utility facilities. Listed below are the utilities that may be affected, with the designated contact person. These names and phone numbers are listed for information purposes only. The Contractor is responsible for verifying phone numbers and contact persons. 1. SOUTHERN CALIFORNIA EDISON COMPANY 287 Tennessee Street Redlands, CA 92373 Phone: (909) 307-6788 Attn: Ben Murguia 2. SOUTHERN CALIFORNIA GAS COMPANY 1981 West Lugonia Avenue Redlands, CA 92374-9796 Phone: (909) 335-7772 Attn: Devery Jennings 3. SAN BERNARDINO MUNICIPAL WATER DEPARTMENT Water Utility Engineering Section 300 North"D" Street, 5th Floor San Bernardino, CA 92418 Phone: (909) 384-5092 Attn: Mike Nevarez SP-33 4. VERIZON 1980 Orange Tree Lane, Suite 100 Redlands, CA 92374-2803 Phone: (909) 748-6655 Attn: Control Desk 5. TIME WARNER TELCOM OF CALIFORNIA (ADELPHIA;COMCAST) 1500 Auto Center Drive Ontario, CA 91761-1561 Phone: (909) 795-3349 Attn: Stewart King 6. TIME WARNER TELCOM OF CALIFORNIA (ADELPHL4; TC I) 1500 Auto Center Drive Ontario, CA 91761-1561 Phone: (909) 798-8588 Attn: Mark Davenhauer 7. TIME WARNER TELECOM OF CALIFORNIA 3281 Guasti Road, Suite #350 Ontario, CA 91761 Phone: (909) 456-3697 Attn: Richard Wilkerson Cell: (714) 801-6141 8. A.T. & T. - OSP Engineering Cable Maintenance & Right of Way 2741 N. Main Street Walnut, CA 94596-2714 Phone: (916) 799-4642 Attn: Rosemary Hamill, Cell Phone A.T. & T. - Cable Hazards Center Phone: (800) 252-1133 or A.T. & T. - Plant Protection Services Phone: (909) 381-7385 Attn: John Bradley 9. A.T. & T. (SBC-PACIFIC BELL TELEPHONE) ATTN: Right-of-Way Liaison 1265 N. Van Buren Street, Room #180 Anaheim, CA 92807 Phone: (714) 666-5401 Attn: Susan Morgan SP-34 10. SPRINT COMMUNICATIONS Attn: Outside Plant Engineering 282 South Sycamore Street Rialto, CA 92376 Phone: (909) 874-7450 Attn: Lynn Durrett 11. MCI—Western Region OSP Outside Plant Construction 157 S. Lilac Street Rialto, CA 92376 Phone: (909) 421-5309 Attn: Chuck Trimble 12. CHARTER COMMUNICATIONS 7337 Central Avenue Riverside, CA 92504-1440 Phone: (951) 343-5139 Attn: Dean Vandever 13. EAST VALLEY WATER DISTRICT 3654 Highland Avenue, Suite#18 Highland, CA 92346-2607 Phone: (909) 888-8986 Attn: Justin Parker 14. SAN BERNARDINO COUNTY INFORMATION SERVICES NETWORK SERVICES Attn: Randy Miller, Division Chief 670 E. Gilbert Street San Bernardino, CA 92415 Phone: (909) 388-5910 Attn: Michele Watson 15. OMNITRANS • 1700 W. 5th Street San Bernardino, CA 92411 Phone: (909) 379-7153 Attn: Allen Wild— Stops & Station Changes SP-35 16. CITY OF SAN BERNARDINO INFORMATION SERVICES —COMMUNICATIONS 300 North"D" Street, 4th Floor San Bernardino, CA 92418 Phone: (909) 384-5947 Attn: Larry Martin 17. CITY OF SAN BERNARDINO PUBLIC SERVICES DEPARTMENT STREET DIVISION 234 S, Mt. View Avenue San Bernardino, CA 92408 Phone: (909) 384-5143 Attn: John Van Havermaat 18. CITY OF SAN BERNARDINO PUBLIC SERVICES DEPARTMENT TRAFFIC SIGNALS & STREET LIGHTING 234 S. Mt. View, #110 San Bernardino, CA Phone: (909) 384-5129 Attn: Clemente Elizalde 7-1.02 CONTRACTOR'S RESPONSIBILITY -- The Contractor shall verify the location of all underground utilities and services, including potholing, before proceeding with the excavation work, requesting in advance the services of inspectors from the utility companies in order to ascertain said locations. Damage to underground utilities resulting from neglect on the part of the Contractor shall be corrected and paid for by the Contractor. 7-1.03 COOPERATION AND COLLATERAL WORK -- The Contractor shall conform to the requirements of Section 7-7, "Cooperation and Collateral Work", of the Standard Specifications. 7-1.04 UTILITIES NOTIFICATION -- The Contractor shall notify all owners of public utilities seventy two (72) hours in advance of excavating around any of their facilities and substructures and shall also provide the same notice to Underground Service Alert of Southern California, telephone number 1/800/422-4133. SP-36 7-1.05 UTILITIES INTERFERENCE -- Utilities which are found, by exploratory location or by excavation, to interfere with the construction of this project will be relocated, altered, or reconstructed, or the Engineer may order changes in location, line or grade of the project structure, to be built in order to avoid said utility. The Contractor may coordinate the work with the utility owners. Abandoned utilities, which interfere with the construction of any portion of this project, may be cut by the Contractor, the interfering portion of the utility removed and open ends of the pipe sealed with a suitable plug or cap. 7-1.06 PAYMENT -- Full compensation for conforming to the requirements of this Section, not otherwise provided for, shall be considered as included in the prices paid for the various contract bid items of work involved and no additional compensation will be allowed therefor. SP-37 SECTION 8 8-1 DESCRIPTION OF WORK 8-1.01 DESCRIPTION -- The work to be done consists, in general, of repairing facilities of the existing street lighting system, replacing facilities of the existing street lighting system and upgrading the efficiency and security of the existing street lighting, including installing conduit, pull boxes and conductors, removing system lighting standards and foundations, as required; constructing street lighting standard foundations, installing street lighting standards, installing bulbs and fixtures, installing security hand holds and constructing concrete sealed pull boxes following inspection and approval of a functioning system, and such other items or details, not mentioned above, that are required by the Plans, Standard Specifications, or these Special Provisions shall be performed, placed, constructed or installed. The work to be done shall include furnishing all materials, equipment, tools, labor, taxes and incidentals as required by the Contract Documents to construct the project. Addenda issued during the time of bidding shall become a part of the documents furnished to all bidders for the preparation of bids, shall be covered in the bids, and shall be made a part of the contract. Each Bid shall include specific acknowledgement in the space provided of receipt of all Addenda issued during the bidding period. Failure to so acknowledge Addenda may result in the Bid being rejected as not responsive. 8-1.02 ORDER OF WORK -- The first order of work shall be to place the order for the product and material. Within one (1) week of the notification of award, the Contractor shall furnish the Engineer with a statement from the vendor that the order for said product/material has been received and accepted by the vendor. All other works shall be considered second order of work. 8-1.03 CLEAN UP AND DUST CONTROL -- Clean up and dust control shall conform to provisions in Section 7-8.1, "Clean Up and Dust Control", of the Standard Specifications. The Contractor shall water down the site during periods of high winds as directed by the Engineer, including periods when the work is not actually in progress. Failure to respond to a directive to water the site in a prompt manner will result in the City making other arrangements to have this item of work done and the costs billed to the Contractor, or it shall be paid for by the Contractor as a deduction from his contract. SP-38 8-1.04 PROJECT LOCATIONS -- Locations within the CITY to be provided following Award of Project. 8-1.05 GEOTECHNICAL INVESTIGATION -- None 8-1.06 APPROVED MATERIALS -- Whenever the expression "or approved equal" is used, it shall be taken to mean the approval by the City Engineer of any substitution of material or material specified herein. All substitution requests shall state the reason for the request and the difference in price between the item specified and the requested substitution. All substitution requests shall be submitted to the City Engineer in writing eight (8) working days prior to the bid opening. No requests for substitutions will be considered by telephone. The Contractor shall submit to the Engineer for review and approval six (6) copies of all shop drawings. The Contractor shall make any corrections to shop drawings required by the Engineer. 8-1.07 CITY-FURNISHED MATERIALS -- CITY furnished material, when applicable as specified in other sections of these Special Provisions, shall comply with the following: A. Materials, if furnished by the CITY, will be made available as specified in these Specifications. The Contractor is responsible for loading, unloading, hauling and handling, and placing CITY-furnished materials. B. The Contractor shall inspect and assure itself of the amount and soundness of such materials. C. The Contractor will be held responsible for all materials furnished to it, and shall pay all demurrage and storage charges. CITY-furnished materials that are lost or damaged from any cause whatsoever shall be replaced by the Contractor. The Contractor will be liable to the CITY for the cost of replacing CITY-furnished material and such costs may be deducted from any monies due or to become due the Contractor. SP-39 8-1.08 PRE-BID INQUIRIES -- NO ORAL representations or interpretations will be made to any Bidder as to the meaning of the Specifications, Plans, any addenda, or other Contract Documents. Written requests for an interpretation, or to identify a potential omission, discrepancy, or misunderstanding will be accepted if received by 5:00 p.m. of the 6th working day prior to the day of the proposed bid opening. If there are any questions regarding this project, please contact: City Engineer's Office San Bernardino City Hall 300 North"D" Street, 3'Floor San Bernardino, CA 92418 SUBJECT: REPAIR, REPLACEMENT AND UPGRADE OF THE STREET LIGHTING SYSTEM AT VARIOUS LOCATIONS IN THE CITY OF SAN BERNARDINO PLANS & SPECIAL PROVISIONS NO. 12853 Attention: Tony Frossard, Project Manager, Facilities Services Tel: (909) 384-5020 E-mail: frossard_to @sbcity.org Or Attention: Mirela Grigorescu Tel: (909) 384-5202; Fax: (909) 384-5190 E-mail: grigorescu_mi @sbcity.org SP-40 SECTION 9 9-1 TRAFFIC CONTROL 9-1.01 GENERAL -- The Contractor shall comply with Section 7-10, "Public Convenience and Safety", of the Standard Specifications for Public Works Construction, latest edition, and these Special Provisions. Warning signs, lights, cones, barricades and devices for use in performance of work upon highways shall conform to the most recent "California Manual on Uniform Traffic Control Devices". The Contractor shall submit and obtain CITY approval for traffic control and traffic detour plans prior to the commencement of operations on a street. Traffic control plans shall be based on the most recent"California Manual on Uniform Traffic Control Devices". All temporary traffic striping and maintenance shall be done by the Contractor, including placement of temporary tape on all crosswalks. The Contractor shall restore all existing striping to original configuration, and as directed by the Engineer. All warning, regulatory and construction signs shall be fully reflectorized. The traffic cones to be used shall be thirty-six inches (36") in height, rubber or plastic, and be reflectorized. All work areas that remain after dusk shall be properly lighted to the satisfaction of the Engineer. The Contractor shall take all necessary measures to maintain a normal flow of traffic to prevent accidents and to protect the work throughout the construction stages until completion of the work. The Contractor shall be responsible for implementing the approved traffic control plan based on the most recent"California Manual on Uniform Traffic Control Devices". The Contractor shall make the necessary arrangements to provide and maintain barriers, cones, barricades, construction warnings, regulatory signs and any other safety control devices, including flagmen. The Contractor shall take measures necessary to protect all other portions of the work during construction and until completion, providing and maintaining all necessary barriers, barricade lights and striping, including crosswalks. In addition to the foregoing traffic control and safety measures, the Contractor shall immediately implement any measures requested by the Engineer defined as necessary to ensure the proper flow of traffic, the protection of the public and/or the safety of the workers. SP-41 The Contractor shall maintain at all times the ability to respond to calls from the Engineer, including during non-working hours to replace or provide additional traffic control or safety devices as required. All places of business and residences along the streets that are within the limits of any work shall be notified by the Contractor in writing at least seven (7) days prior to commencement of work. This notification shall explain the sequence of work and indicate any restrictions of parking and access. Verbal notification shall be given to all places of business and residences at least 18 hours in advance of commencing work that will affect access to and from their properties. The Contractor shall notify all local authorities of his intent to begin work, in writing, at least seven(7) days before work is begun. 9-1.02 TURN RESTRICTIONS -- The Contractor shall post appropriate signs restricting turns when directed to do so by the Engineer. 9-1.03 PARKING RESTRICTIONS -- Unless otherwise provided herein, the Contractor may post temporary "NO PARKING" signs within the area of work as required.to facilitate construction operations, subject to approval of the Engineer. Personal vehicles of the Contractor's employees shall not be parked on the traveled way at any time. The Contractor shall furnish, maintain, and install (seven days prior to the start of work) all "TEMPORARY NO PARKING" signs with the duration of the no parking time written on them. The Contractor will be responsible for posting, removing, and maintaining these signs as required for this project. The Contractor shall cooperate with local authorities relative to handling traffic through the area and shall make his own arrangements relative to keeping the working area clear of parked vehicles. The Contractor shall obtain prior approval from the Engineer for removal of vehicles. 9-1.04 TRAFFIC LANES -- Traffic lanes shall have a minimum width of 10 feet. A minimum shoulder width of 2 feet shall be provided adjacent to curbs, posts and other similar obstructions, and 5 feet shall be provided adjacent to any excavation, unless otherwise authorized by the Engineer. SP-42 9-1.05 PUBLIC CONVENIENCE -- During the progress of work, adequate provisions shall be made by the Contractor to accommodate the normal vehicular and pedestrian traffic along streets, roads, and highways, immediately adjacent to or crossing the work, so as to cause a minimum of inconvenience to the general public. Convenient access to abutting properties shall be maintained and remain open, unless approved by the Engineer. 9-1.06 FLASHING ARROW SIGNS -- The Contractor shall furnish and maintain flashing arrow signs (FAS) during lane closures or detours on streets. The Engineer shall determine when FAS is required at any location. 9-1.07 LANE CLOSURE -- The Contractor shall not close more than one (1) lane at a time. The Contractor shall submit traffic control plans and obtain written approval from the Traffic Engineer prior to lane closure. No traveled lane will be closed without authorized approval given by the Engineer. If any traveled lane or road is allowed to be closed by the Engineer, the Contractor shall install signs to notify the public of days and times that traveled lanes or roads will be closed seven (7) days in advance of the lane or road closure. If lane closures are approved by the Engineer, the full width of the traveled way shall be open for use by public traffic from 4:00 p.m. to 8:30 a.m., all day for Saturdays, Sundays, and designated legal holidays; after 3:00 p.m. on Fridays (unless otherwise approved by the Engineer) and the day preceding designated legal holidays; and when construction operations are not actively in progress on working days. The Contractor shall furnish, install, and upon completion of the work, remove all signs and warning devices required for directing, protecting, and detour of the public during construction. Emergency vehicles shall be permitted access at all times to any street. Unless otherwise authorized by the Engineer, pedestrian access shall be permitted to pass through the work area, or an approved detour shall be provided. Safe and adequate pedestrian access to all business establishments shall be continuous and unobstructed unless otherwise approved by the Engineer. SP-43 9-1.08 PAYMENT -- Full compensation for traffic control, including furnishing and installing signs, lights, flares, barricades, traffic control plan and other traffic control devices, necessary to expedite passage of public traffic through the work area, shall be considered as included in the prices paid for the various contract bid items of work, and no additional compensation will be allowed therefor. The provisions in this Section may be modified or altered if, in the opinion of the Engineer, public traffic will be better served and work expedited. Said modifications or alterations shall not be adopted until approved in writing by the Engineer. Such approved modifications or alterations shall be adopted immediately and shall be considered paid in full included in the prices paid for the various contract bid items of work, and no additional compensation will be allowed therefor. SP-44 SECTION 10 10-1 MOBILIZATION 10-1.01 GENERAL -- Mobilization shall comply with the requirements of Section 9- 3.4, "Mobilization", of the Standard Specifications. Mobilization may include, but not be limited to, the following principle items: 1. Submittal and modification, as required, of the Construction Schedule. 2. Providing a Project Office. 3. Review of the Site. 4. Obtaining all required Transportation Permits. 5. Submittal of all required insurance certificates and bonds as required by these Specifications 6. Moving onto the site, including, but not limited to: a. Equipment b. Arranging for and erection of Contractor's work and storage areas. 7. Installing construction fencing and temporary construction power and wiring. 8. Providing a minimum of one restroom facility for each twenty-five (25) workers occupying the site. Facilities may include existing functioning restrooms, or portable chemical facilities, or any combination thereof, and shall count as one for each urinal or one for each water closet(as required). 9. Installing all temporary utilities (as required). 10. Establishing required fire protection provisions. 11. Posting all OSHA required notices and establishment of safety programs. 12. Posting of all Department of Labor notices. 13. Having the Contractor's superintendent at the job site full-time and responding 24 hours per day. 14. Air and water quality protective measures, as necessary, and without limitation. 15. Potholing and other research and review as necessary to verify site conditions and utility locations. 16. Demobilization of the Site. 17. Any other item as specified. The cost of bonds, insurance, move in and move out costs, preparation and submission of submittals, obtaining encroachment permits, and miscellaneous incidental costs, shall be included in the Bid Item provided for mobilization and demobilization and incidental project costs as a lump sum item, for which 75 percent (75%) will be eligible for inclusion in the first progress payment, with the remaining 25 percent (25%) not eligible for inclusion until 100 percent (100%) of the work has been completed and if progress of the work is satisfactory. SP-45 No work shall be started without prior approval of the submittals. Failure to comply with the preceding requirement will be sufficient ground for the Engineer to stop all work on the project until the requirements are met. 10-1.02 PAYMENT — Full compensation for mobilization, including the cost of all work in advance of the construction operation and not directly attributable to any specific bid item, shall be considered as included in the prices paid for the various contract bid items of work, and no additional compensation will be allowed therefor. SP-46 SECTION 11 11-1 CLEARING AND GRUBBING UNCLASSIFIED EXCAVATION AND UNCLASSIFIED FILL 11-1.01 GENERAL -- Clearing and grubbing, unclassified excavation and unclassified fill shall comply with Section 300-1, "Clearing and Grubbing", Section 300-2, "Unclassified Excavation", and Section 300-4, "Unclassified Fill", of the Standard Specifications and these Special Provisions. Clearing and grubbing shall include, but not be limited to the following items as shown on the Plans or as specified in the Special Provisions. PART "A" The following items shall be classified as clearing and grubbing: 1. Remove existing features, in the area of the work of this project, and as directed by the Engineer, including miscellaneous items that can be removed by hand. PART "B" The following work to be done consists, in general, of removal of existing concrete light pole foundations and street light poles and shall be done in accordance with the Section 300-1, "Clearing and Grubbing," of the Standard Specifications and these Special Provisions. The existing conductors shall be spliced to keep the existing street lighting system operational as directed by the Engineer. The following items are classified as separate bid items of work: 1. Remove remaining portion of damaged high-mast street light standard, as directed by the Engineer. 2. Remove damaged high-mast street light standard foundation, as directed by the Engineer. 3. Remove remaining portion of damaged post-top street light standard and cap, as directed by the Engineer. SP-47 4. Remove damaged post-top street light standard foundation, as directed by the Engineer. Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as provided in Section 7-10, "Public Convenience And Safety", of the Standard Specifications. All removed concrete and other materials, not specifically requested to be salvaged, shall become the property of the Contractor and shall be legally disposed of outside of the right-of-way in accordance with Section 300-2.2, "Unsuitable Materials", and Section 300-2.6, "Surplus Material", of the Standard Specifications. Any materials to be salvaged shall be delivered by the Contractor to the City Yard, at 234 South Mountain View Avenue, San Bernardino, CA 92404. The Contractor shall contact the Engineer at (909) 384-5166 and the Traffic Signal and Street Lighting Supervisor at (909) 384- 5129, 48 hours prior to hauling. The Contractor shall provide equipment, as required, to safely load and unload the salvaged materials. Outside the traveled way, in areas to receive concrete, soil shall be compacted to a relative density of not less than 90%. Backfill under the traveled way shall be compacted to a relative compaction of a minimum of 90%. When asphalt pavement is to be placed directly on subgrade material, subgrade material shall be compacted to a relative compaction of 95%. 11-1.02 PAYMENT -- The contract bid price paid per each for "REMOVE Remaining Portion of Damaged Pole — High Mast", "REMOVE Damaged Foundation — High Mast", "REMOVE Remaining Portion of Damaged Pole and Cap — Post Top" and "REMOVE Damaged Foundation — Post Top" shall include full compensation for providing all the material, tools and equipment, and for doing all the work necessary to remove all appurtenant facilities and splice conductors to keep the remaining street lighting system operational without interruption , complete in place, per the Standard Specifications, these Special Provisions and as directed by the Engineer, and no additional compensation will be allowed therefor. Full compensation for providing all the material, tools and equipment, and for doing all the work involved in clearing and grubbing and the removal of existing miscellaneous unclassified excavation and unclassified fill, providing, relocating and removing temporary construction fencing, the removal and salvage or existing facilities and the removal by hand of items in the area of the work, as required, per the Standard Specifications, these Special Provisions, and as directed by the Engineer, shall be considered to be included in the prices paid for the various contract bid items of work, and no additional compensation will be allowed therefor. SP-48 Cost of compaction testing ordered by the Engineer shall be paid for in the following manner: 1. Tests which do not meet the required relative compaction shall be paid for by the Contractor, as a deduction from his contract. The Contractor shall pay the price at the same rate that the CITY is charged by the testing soils lab. 2. Tests which do meet the required relative compaction shall be paid for by the CITY. SP-49 SECTION 12 THROUGH SECTION 20 BLANK SP-50 SECTION 21 21-1 STREET LIGHTING 21-1.01 GENERAL -- All work on the street lighting system shall be constructed in accordance with Section 209, "Street Lighting and Traffic Signal Systems", and Section 307, "Street Lighting and Traffic Signals", of the Standard Specifications, the City of San Bernardino Street Lighting Policies and Procedures, these Special Provisions and Caltrans Standard Plans for 2008. The work to be done consists, in general, of constructing Portland Cement Concrete foundations for street light poles; installing CITY-provided street light standards as part of the existing street lighting system; including installing/replacing conduit, pull boxes, conductors, installing/replacing fixtures, lamps, ballast, fuses and photo cells, installing security hand hole covers on street light standards, constructing concrete security at pull boxes, and such other items or details not mentioned above that are required by the Plans 21-1.02 MATERIALS -- All materials shall be as listed below or approved equal by the Engineer. 1. Lighting Standards -- Lighting standards shall be octagonal, symmetrically tapered, pre-cast, pre-stressed, concrete poles unless otherwise specified by the City Engineer. The color shall be natural gray with black and white aggregate. The poles shall have an approved anti-graffiti surface. The Contractor shall provide hand hole covers for 1C123 poles secured with tamper-proof screws (hex-center/pin). 2. Luminaires -- Luminaires shall be high pressure sodium type,G.E. M-250 A2 Power/door Luminaire cutoff optics with integral ballast, and P.E. receptacle, wattage as directed, wired for 240 volt operation, and as directed by the Engineer, or approved equal. 3. Pull Boxes -- Pull boxes shall be #3-1/2 and installed flush with top of curb or concrete sidewalk. 4. Pull Boxes shall be secured with a 6"thick Portland concrete cement top, per the CITY "Pullbox Security Detail" included in the APPENDIX of these Special Provisions. Concrete pull box covers shall be unmarked, or as directed by the Engineer. SP-51 4. Service -- Service shall be installed, as shown on the Plans and in accordance with Standard Drawing SL-2 Should the Contractor need to contact the service utility to complete service connection. Such request shall be submitted not less than 45 days before service connections are required. All fees charged by the Southern California Edison Company will be paid by the City. 5. Conduit -- Conduit shall conform to Sub-Section 307-12, "Conduit", of the Standard Specifications. The Contractor may use either rigid galvanized steel conduit or rigid polyvinyl chloride (Schedule 40) for underground use, and rigid polyvinyl chloride (Schedule 80) for use above ground. Conduits passing under roadways shall be installed by jacking or drilling methods utilizing only galvanized rigid steel conduit. Conduit shall be 2-inch diameter, minimum. Conduits shall be placed at the following depths below grade: a. 18-inches, within parkways and medians, back of curbs, and under concrete sidewalks. b. 24-inches when crossing roadways. 6. Conductors -- Conductors shall be UL listed and rated for 600 volt operation. The insulation for No. 14 and larger conductors shall be one of the following: a. Type TW polyvinyl chloride conforming to the requirements of ASTM Designation: D2219 a. Type THW or THWN polyvinyl chloride. b. Type USE, Type RHH or Type RHW cross-linked polyethylene. At any point, the minimum thickness of any of the above insulations shall be 40 mils for conductor sizes No. 14 to No. 10, inclusive, and 54 mils for No. 8 to No. 2, inclusive. SP-52 7. Pole Foundations -- Foundations for poles shall be constructed to Class 560-C- 3250 concrete, with a maximum slump of four (4) inches. Anchor bolts shall be installed to match the bolt hole patterns for the poles. 21-1.03 OPERATING TEST -- An operating test consisting of five (5) days of trouble-free operation shall be satisfactorily completed prior to acceptance by the Engineer. 21-1.04 PAYMENT -- The contract bid unit prices paid per EACH for the various contract bid items of work in the BID SCHEDULE shall be considered as full compensation for providing all material, tools and equipment and for doing all the work involved in the installation of street light standards and foundations, installation/replacement of conductors, conduit, pull boxes, fixtures, lamps, ballasts, fuses, photo cells, security for hand holes and pull boxes, including connection of the street lighting system and all appurtenant facilities, complete in place, per the Standard Specifications, these Special Provisions, and as directed by the Engineer, and no additional compensation will be allowed therefor. Repair, replacement and upgrade of the street lighting system shall conform to the City Standard Drawings designated SL series; and removal of existing electrical equipment shall conform to Section 307-7, "Salvage" of the Standard Specifications and these Special Provisions. None of the existing electrical equipment to be removed shall be reused or salvaged except the poles, mast arms and luminaire upon request of the Engineer. Removal of existing concrete light pole foundations and street light poles shall be done in accordance with Section 300-1, "Clearing and Grubbing" of the Standard Specifications and these Special Provisions. See Section 11, "CLEARING AND GRUBBING" of these Special Provisions. The existing conduit and conductors shall be abandoned in place, or to be removed, as directed by the Engineer. The installation shall include street lighting standards, luminaire, electrical service and all underground distribution lines; and shall include the trenching, backfill, and compaction thereof. SP-53 SECTION 22 THROUGH SECTION 49 BLANK SP-54 SECTION 50 50-1 REMOVAL AND RESTORATION OF EXISTING IMPROVEMENTS EXCEPT STREET PAVEMENT 50-1.01 GENERAL - The Contractor shall comply with Section 7-9, "Protection and Restoration of Existing Improvements", of the Standard Specifications, latest edition, and these Special Provisions. All existing improvements (except utilities and street pavements) including, but not limited to curbs, gutters, cross gutters, spandrels, driveways and sidewalks, walls, fences, sprinkler systems, lawns, shrubs, trees, and traffic signs, traffic striping and traffic detector loops which are damaged or removed during the course of construction of the project shall be restored or replaced to a condition equal to or better than, in all respects, the existing improvements removed or damaged, unless otherwise specified or noted on the drawings. The removal and restoration of existing improvements shall be in accordance with the applicable provision of these Special Provisions, the Standard Specifications, Standard Drawing and the following requirements: 1. In the event a portion of curb, gutter or monolithic curb and gutter is damaged by the Contractor's operations, a minimum of 10 feet of curb, gutter or curb and gutter shall be removed and replaced regardless of how short a length is damaged. The Contractor shall begin said 10-foot section, if possible, at an existing joint or scoring line. If said 10-foot section ends within 3 feet of an existing joint or scoring line, then the removal shall extend to said joint or scoring line. 2. If concrete cross gutter is damaged by the Contractor's operations, the cross gutter shall be removed in its entirety and replaced. 3. Concrete sidewalk shall be removed in its entirety between scoring lines or between scoring line and joint. Prior to removal, scoring lines shall be saw-cut. 4. If a concrete driveway is damaged and is a single monolithic structure, it shall be removed in its entirety and replaced. 5. If a concrete driveway is damaged and is monolithic with the sidewalk, it shall be set off from the sidewalk by a saw cut along the edge of the sidewalk. The driveway shall then be removed in its entirety and replaced. SP-55 6. If the roadside signs are damaged during the construction, they shall be restored or replaced to a condition equal or better than the existing per the prior approval of the City's Traffic Section. New installation shall not impede into required ADA access distance around obstacles. A minimum clearance of 48" shall be maintained. 7. If existing fence is in conflict with the new construction, fence shall be relocated by the Contractor. Unless otherwise specified, all excess excavation or removed material shall become the property of the Contractor and shall be disposed of by him away from the site of work. 50-1.02 PAYMENT - Full compensation for conforming to the requirements of this section, not otherwise provided for, shall be considered as included in the prices paid for the various contract bid items of work involved, and no additional compensation will be allowed therefor. SP-56 PART III SPECIAL PROVISIONS The Prime Contractor of a Federal-Aid project shall physically include the required contract provisions contained in the following Federal Provisions and Conditions in all subcontracts, lower tier subcontracts and purchase orders. Federal Labor Standards Provisions U.S. Department of Housing and Urban Development Office of Labor Relations Applicability (1) The work to be performed by the classification The Project or Program to which the construction work requested is not performed by a classification in the wage covered by this contract pertains is being assisted by the determination; and United States of America and the following Federal Labor (2) The classification is utilized in the area by the Standards Provisions are included in this Contract construction industry; and pursuant to the provisions applicable to such Federal (3) The proposed wage rate, including any bona fide assistance. fringe benefits, bears a reasonable relationship to the A. 1. (i) Minimum Wages. All laborers and mechanics wage rates contained in the wage determination. employed or working upon the site of the work, will be paid (b) If the contractor and the laborers and mechanics to be unconditionally and not less often than once a week, and employed in the classification (if known), or their without subsequent deduction or rebate on any account representatives, and HUD or its designee agree on the (except such payroll deductions as are permitted by classification and wage rate (including the amount regulations issued by the Secretary of Labor under the designated for fringe benefits where appropriate), a report Copeland Act (29 CFR Part 3), the full amount of wages of the action taken shall be sent by HUD or its designee to and bona fide fringe benefits (or cash equivalents thereof) the Administrator of the Wage and Hour Division, due at time of payment computed at rates not less than Employment Standards Administration, U.S. Department of those contained in the wage determination of the Labor, Washington, D.C. 20210. The Administrator, or an Secretary of Labor which is attached hereto and made a authorized representative, will approve, modify, or part hereof, regardless of any contractual relationship disapprove every additional classification action within 30 which may be alleged to exist between the contractor and days of receipt and so advise HUD or its designee or will such laborers and mechanics. Contributions made or notify HUD or its designee within the 30-day period that costs reasonably anticipated for bona fide fringe benefits additional time is necessary. (Approved by the Office of under Section I(b)(2) of the Davis-Bacon Act on behalf of Management and Budget under OMB control number 1215- laborers or mechanics are considered wages paid to such 0140.) laborers or mechanics, subject to the provisions of 29 CFR (c) In the event the contractor, the laborers or mechanics 5.5(a)(1)(iv); also, regular contributions made or costs to be employed in the classification or their incurred for more than a weekly period (but not less often representatives, and HUD or its designee do not agree on than quarterly) under plans, funds, or programs, which the proposed classification and wage rate (including the cover the particular weekly period, are deemed to be amount designated for fringe benefits, where appropriate), constructively made or incurred during such weekly period. HUD or its designee shall refer the questions, including Such laborers and mechanics shall be paid the appropriate the views of all interested parties and the recommendation wage rate and fringe benefits on the wage determination of HUD or its designee, to the Administrator for for the classification of work actually performed, without determination. The Administrator, or an authorized regard to skill, except as provided in 29 CFR 5.5(a)(4). representative, will issue a determination within 30 days of Laborers or mechanics performing work in more than one receipt and so advise HUD or its designee or will notify classification may be compensated at the rate specified for HUD or its designee within the 30-day period that each classification for the time actually worked therein: additional time is necessary. (Approved by the Office of Provided, That the employer's payroll records accurately Management and Budget under OMB Control Number set forth the time spent in each classification in which 1215-0140.) work is performed. The wage determination (including any (d) The wage rate (including fringe benefits where additional classification and wage rates conformed under appropriate) determined pursuant to subparagraphs 29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH (1)(ii)(b) or (c) of this paragraph, shall be paid to all 1321) shall be posted at all times by the contractor and its workers performing work in the classification under this subcontractors at the site of the work in a prominent and contract from the first day on which work is performed in accessible, place where it can be easily seen by the the classification. workers. (iii) Whenever the minimum wage rate prescribed in the (ii) (a) Any class of laborers or mechanics which is not contract for a class of laborers or mechanics includes a listed in the wage determination and which is to be fringe benefit which is not expressed as an hourly rate, the employed under the contract shall be classified in contractor shall either pay the benefit as stated in the conformance with the wage determination. HUD shall wage determination or shall pay another bona fide fringe approve an additional classification and wage rate and benefit or an hourly cash equivalent thereof. fringe benefits therefor only when the following criteria have been met: (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part form HUD-4010(06/2009) Previous editions are obsolete Page 1 of 5 ref.Handbook 1344.1 of the wages of any laborer or mechanic the amount of any communicated in writing to the laborers or mechanics costs reasonably anticipated in providing bona fide fringe affected, and records which show the costs anticipated or benefits under a plan or program, Provided, That the the actual cost incurred in providing such benefits. Secretary of Labor has found, upon the written request of Contractors employing apprentices or trainees under the contractor, that the applicable standards of the Davis- approved programs shall maintain written evidence of the Bacon Act have been met. The Secretary of Labor may registration of apprenticeship programs and certification of require the contractor to set aside in a separate account trainee programs, the registration of the apprentices and assets for the meeting of obligations under the plan or trainees, and the ratios and wage rates prescribed in the program. (Approved by the Office of Management and applicable programs. (Approved by the Office of Budget under OMB Control Number 1215-0140.) Management and Budget under OMB Control Numbers 2. Withholding. HUD or its designee shall upon its own 1215-0140 and 1215-0017.) action or upon written request of an authorized (ii) (a) The contractor shall submit weekly for each week representative of the Department of Labor withhold or in which any contract work is performed a copy of all cause to be withheld from the contractor under this payrolls to HUD or its designee if the agency is a party to contract or any other Federal contract with the same prime the contract, but if the agency is not such a party, the contractor, or any other Federally-assisted contract contractor will submit the payrolls to the applicant subject to Davis-Bacon prevailing wage requirements, sponsor, or owner, as the case may be, for transmission to which is held by the same prime contractor so much of the HUD or its designee. The payrolls submitted shall set out accrued payments or advances as may be considered accurately and completely all of the information required necessary to pay laborers and mechanics, including to be maintained under 29 CFR 5.5(a)(3)(i) except that full apprentices, trainees and helpers, employed by the social security numbers and home addresses shall not be contractor or any subcontractor the full amount of wages included on weekly transmittals. Instead the payrolls shall required by the contract In the event of failure to pay any only need to include an individually identifying number for laborer or mechanic, including any apprentice, trainee or each employee (e.g., the last four digits of the employee's helper, employed or working on the site of the work, all or social security number). The required weekly payroll part of the wages required by the contract, HUD or its information may be submitted in any form desired. designee may, after written notice to the contractor, Optional Form WH-347 is available for this purpose from sponsor, applicant, or owner, take such action as may be the Wage and Hour Division Web site at necessary to cause the suspension of any further http://www.dol.00v/esa/whd/forms/wh347instr.htm or its payment, advance, or guarantee of funds until such successor site. The prime contractor is responsible for violations have ceased. HUD or its designee may, after the submission of copies of payrolls by all subcontractors. written notice to the contractor, disburse such amounts Contractors and subcontractors shall maintain the full withheld for and on account of the contractor or social security number and current address of each subcontractor to the respective employees to whom they covered worker, and shall provide them upon request to are due. The Comptroller General shall make such HUD or its designee if the agency is a party to the disbursements in the case of direct Davis-Bacon Act contract, but if the agency is not such a party, the contracts. contractor will submit the payrolls to the applicant 3. (i) Payrolls and basic records. Payrolls and basic sponsor, or owner, as the case may be, for transmission to records relating thereto shall be maintained by the HUD or its designee, the contractor, or the Wage and Hour contractor during the course of the work preserved for a Division of the Department of Labor for purposes of an period of three years thereafter for all laborers and investigation or audit of compliance with prevailing wage mechanics working at the site of the work. Such records requirements. It is not a violation of this subparagraph for shall contain the name, address, and social security a prime contractor to require a subcontractor to provide number of each such worker, his or her correct addresses and social security numbers to the prime classification, hourly rates of wages paid (including rates contractor for its own records, without weekly submission of contributions or costs anticipated for bona fide fringe to HUD or its designee. (Approved by the Office of benefits or cash equivalents thereof of the types described Management and Budget under OMB Control Number in Section I(b)(2)(B) of the Davis-bacon Act), daily and 1215-0149.) weekly number of hours worked, deductions made and (b) Each payroll submitted shall be accompanied by a actual wages paid. Whenever the Secretary of Labor has "Statement of Compliance," signed by the contractor or found under 29 CFR 5.5 (a)(1)(iv) that the wages of any subcontractor or his or her agent who pays or supervises laborer or mechanic include the amount of any costs the payment of the persons employed under the contract reasonably anticipated in providing benefits under a plan and shall certify the following: or program described in Section I(b)(2)(B) of the Davis- (1) That the payroll for the payroll period contains the Bacon Act, the contractor shall maintain records which information required to be provided under 29 CFR 5.5 show that the commitment to provide such benefits is (a)(3)(ii), the appropriate information is being maintained enforceable, that the plan or program is financially under 29 CFR 5.5(a)(3)(i), and that such information is responsible, and that the plan or program has been correct and complete; Previous editions are obsolete form HUD-4010(06/2009) Page 2 of 5 ref.Handbook 1344.1 (2) That each laborer or mechanic (including each helper, is not registered or otherwise employed as stated above, apprentice, and trainee) employed on the contract during shall be paid not less than the applicable wage rate on the the payroll period has been paid the full weekly wages wage determination for the classification of work actually earned, without rebate, either directly or indirectly, and performed. In addition, any apprentice performing work on that no deductions have been made either directly or the job site in excess of the ratio permitted under the indirectly from the full wages earned, other than registered program shall be paid not less than the permissible deductions as set forth in 29 CFR Part 3; applicable wage rate on the wage determination for the (3) That each laborer or mechanic has been paid not less work actually performed. Where a contractor is performing than the applicable wage rates and fringe benefits or cash construction on a project in a locality other than that in equivalents for the classification of work performed, as which its program is registered, the ratios and wage rates specified in the applicable wage determination (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's incorporated into the contract. registered program shall be observed. Every apprentice (c) The weekly submission of a properly executed must be paid at not less than the rate specified in the certification set forth on the reverse side of Optional Form registered program for the apprentice's level of progress, WH-347 shall satisfy the requirement for submission of the expressed as a percentage of the journeymen hourly rate "Statement of Compliance" required by subparagraph specified in the applicable wage determination. A.3.(ii)(b). Apprentices shall be paid fringe benefits in accordance (d) The falsification of any of the above certifications may with the provisions of the apprenticeship program. If the subject the contractor or subcontractor to civil or criminal apprenticeship program does not specify fringe benefits, prosecution under Section 1001 of Title 18 and Section apprentices must be paid the full amount of fringe benefits 231 of Title 31 of the United States Code. listed on the wage determination for the applicable (iii) The contractor or subcontractor shall make the classification. If the Administrator determines that a records required under subparagraph A.3.(i) available for different practice prevails for the applicable apprentice inspection, copying, or transcription by authorized classification, fringes shall be paid in accordance with that representatives of HUD or its designee or the Department determination. In the event the Office of Apprenticeship of Labor, and shall permit such representatives to Training, Employer and Labor Services, or a State interview employees during working hours on the job. If Apprenticeship Agency recognized by the Office, the contractor or subcontractor fails to submit the required withdraws approval of an apprenticeship program, the records or to make them available, HUD or its designee contractor will no longer be permitted to utilize may, after written notice to the contractor, sponsor, apprentices at less than the applicable predetermined rate applicant or owner, take such action as may be necessary for the work performed until an acceptable program is to cause the suspension of any further payment, advance, approved. or guarantee of funds. Furthermore, failure to submit the (ii) Trainees. Except as provided in 29 CFR 5.16, required records upon request or to make such records trainees will not be permitted to work at less than the available may be grounds for debarment action pursuant to predetermined rate for the work performed unless they are 29 CFR 5.12. employed pursuant ',to and individually registered in a 4. Apprentices and Trainees. program which has received prior approval, evidenced by (i) Apprentices. Apprentices will be permitted to work at formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of less than the predetermined rate for the work they trainees to journeymen on the job site shall not be greater performed when they are employed pursuant to and than permitted under the plan approved by the individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the Employment and Training Administration, Office of approved program for the trainee's level of progress, Apprenticeship Training, Employer and Labor Services, or expressed as a percentage of the journeyman hourly rate with a State Apprenticeship Agency recognized by the specified in the applicable wage determination. Trainees Office, or if a person is employed in his or her first 90 shall be paid fringe benefits in accordance with the days of probationary employment as an apprentice in such provisions of the trainee program. If the trainee program an apprenticeship program, who is not individually registered in the program, but who has been certified by does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage the Office of Apprenticeship Training, Employer and Labor determination unless the Administrator of the Wage and Services or a State Apprenticeship Agency (where Hour Division determines that there is an apprenticeship appropriate) to be eligible for probationary employment as program associated with the corresponding journeyman an apprentice. The allowable ratio of apprentices to wage rate on the wage determination which provides for journeymen on the job site in any craft classification shall less than full fringe benefits for apprentices. Any not be greater than the ratio permitted to the contractor as employee listed on the payroll at a trainee rate who is not to the entire work force under the registered program. Any registered and participating in a training plan approved by worker listed on a payroll at an apprentice wage rate, who Previous editions are obsolete form HUD-4010(06/2009) Page 3 of 5 ref.Handbook 1344.1 the Employment and Training Administration shall be paid awarded HUD contracts or participate in HUD programs not less than the applicable wage rate on the wage pursuant to 24 CFR Part 24. determination for the work actually performed. In addition, (ii) No part of this contract shall be subcontracted to any any trainee performing work on the job site in excess of person or firm ineligible for award of a Government the ratio permitted under the registered program shall be contract by virtue of Section 3(a) of the Davis-Bacon Act paid not less than the applicable wage rate on the wage or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or determination for the work actually performed. In the • participate in HUD programs pursuant to 24 CFR Part 24. event the Employment and Training Administration (iii) The penalty for making false statements is prescribed withdraws approval of a training program, the contractor in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, will no longer be permitted to utilize trainees at less than U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C., the applicable predetermined rate for the work performed "Federal Housing Administration transactions", provides in until an acceptable program is approved. part: "Whoever, for the purpose of . . influencing in any (iii) Equal employment opportunity. The utilization of way the action of such Administration makes, utters or apprentices, trainees and journeymen under 29 CFR Part 5 publishes any statement knowing the same to be false shall be in conformity with the equal employment shall be fined not more than $5,000 or imprisoned not opportunity requirements of Executive Order 11246, as more than two years, or both." amended, and 29 CFR Part 30. 11. Complaints, Proceedings, or Testimony by 5. Compliance with Copeland Act requirements. The Employees. No laborer or mechanic to whom the wage, contractor shall comply with the requirements of 29 CFR salary, or other labor standards provisions of this Contract Part 3 which are incorporated by reference in this contract are applicable shall be discharged or in any other manner 6. Subcontracts. The contractor or subcontractor will discriminated against by the Contractor or any insert in any subcontracts the clauses contained in subcontractor because such employee has filed any subparagraphs 1 through 11 in this paragraph A and such complaint or instituted or caused to be instituted any other clauses as HUD or its designee may by appropriate proceeding or has testified or is about to testify in any instructions require, and a copy of the applicable proceeding under or relating to the labor standards prevailing wage decision, and also a clause requiring the applicable under this Contract to his employer. subcontractors to include these clauses in any lower tier B. Contract Work Hours and Safety Standards Act. The subcontracts. The prime contractor shall be responsible provisions of this paragraph B are applicable where the amount of the for the compliance by any subcontractor or lower tier prime contract exceeds $100,000. As used in this paragraph, the subcontractor with all the contract clauses in this terms"laborers"and"mechanics"include watchmen and guards. paragraph. (1) Overtime requirements. No contractor or subcontractor 7. Contract termination; debarment. A breach of the contracting for any part of the contract work which may require or contract clauses in 29 CFR 5.5 may be grounds for involve the employment of laborers or mechanics shall require or termination of the contract and for debarment as a permit any such laborer or mechanic in any workweek in which the contractor and a subcontractor as provided in 29 CFR individual is employed on such work to work in excess of 40 hours in 5.12. such workweek unless such laborer or mechanic receives 8. Compliance with Davis-Bacon and Related Act Requirements. compensation at a rate not less than one and one-half times the basic All rulings and interpretations of the Davis-Bacon and rate of pay for all hours worked in excess of 40 hours in such Related Acts contained in 29 CFR Parts 1, 3, and 5 are workweek. herein incorporated by reference in this contract (2) Violation; liability for unpaid wages; liquidated 9. Disputes concerning labor standards. Disputes damages. In the event of any violation of the clause set arising out of the labor standards provisions of this forth in subparagraph (1) of this paragraph, the contractor contract shall not be subject to the general disputes and any subcontractor responsible therefor shall be liable clause of this contract. Such disputes shall be resolved in for the unpaid wages. In addition, such contractor and accordance with the procedures of the Department of subcontractor shall be liable to the United States (in the Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes case of work done under contract for the District of within the meaning of this clause include disputes between Columbia or a territory, to such District or to such the contractor (or any of its subcontractors) and HUD or territory), for liquidated damages. Such liquidated its designee, the U.S. Department of Labor, or the damages shall be computed with respect to each individual employees or their representatives. laborer or mechanic, including watchmen and guards, 10. (I) Certification of Eligibility. By entering into this employed in violation of the clause set forth in contract the contractor certifies that neither it (nor he or subparagraph (1) of this paragraph, in the sum of$10 for each calendar day on which such individual was required or permitted to she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be work in excess of the standard workweek of 40 hours without payment awarded Government contracts by virtue of Section 3(a) of of the overtime wages required by the clause set forth in sub the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be paragraph (1) of this paragraph. Previous editions are obsolete form HUD-4010(06/2009) Page 4 of 5 ref.Handbook 1344.1 (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety. The provisions of this paragraph C are applicable where the amount of the prime contract exceeds$100,000. (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91-54, 83 Stat 96). 40 USC 3701 et seq. (3) The contractor shall include the provisions of this paragraph in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. Previous editions are obsolete form HUD-4010(06/2009) Page 5 of 5 ref.Handbook 1344.1 SUPPLEMENTARY CONDITIONS U.S.Department of Housing OMB Approval No.2502-0598 and Urban Development (Exp.04/30/2014) OF THE CONTRACT FOR Office of Housing CONSTRUCTION Public Reporting Burden for this collection of information is estimated to average 0.2 hours per response,including the time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information. Response to this request for information is required in order to receive the benefits to be derived. This agency may not collect this information,and you are not required to complete this form unless it displays a currently valid OMB control number. While no assurance of confidentiality is pledged to respondents,HUD generally discloses this data only in response to a Freedom of Information Act request. Article 1: Labor Standards A. Applicability. The Project or program to which the construction work covered by this Contract pertains is being assisted or insured by the United States of America, and the following Federal Labor Standards Provisions are included in this Contract or related instrument pursuant to the provisions applicable to such Federal assistance or insurance. Any statute or regulation contained herein shall also include any subsequent amendment or successor statute or regulation. B. Minimum Wages. Pursuant to Section 212 of the National Housing Act, as amended, 12 U.S.C. 1715c, the minimum wage provisions contained in this paragraph B do not apply to those projects with Security Instruments insured under Section 221(h)(1) designed for less than 9 families and they do not apply to those projects with Security Instruments insured under either Section 220 or 233 designed for less than 12 families. 1. (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the Project) shall be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1 (b)(2) of the Davis-Bacon Act (40 U.S.C. 3141(2)(B)(ii)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each Previous editions are obsolete; Construction Contract Supp HUD-92554M(Rev.04/11) Replaces form HUD-92554 2 classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii)) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii) (a) Any class of laborers or mechanics that is not listed in the wage determination and that is to be employed under this Contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, U.S. Department of Labor, Washington, D.C. 20210 ("Administrator"). The Administrator, or an authorized representative, shall approve, modify, or disapprove every additional classification action within thirty (30) days of receipt and so advise HUD or its designee or shall notify HUD or its designee within the thirty (30) day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) (c) In the event the Contractor, the laborers or mechanics to be employed in the classification or their representatives and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, shall issue a determination within thirty (30) days of receipt and so advise HUD or its designee or shall notify HUD or its designee within the thirty (30) day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs B.1.(ii)(b) or (c) of this Article, shall be paid to all workers Previous editions are obsolete; Construction Contract Supp HUD-92554M(Rev.04/11) Replaces form HUD-92554 3 performing work in the classification under this Contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit that is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under this Contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis- Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the Contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the Project), all or part of the wages required by the Contract, HUD or its designee may, after written notice to the Contractor, sponsor, applicant, or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the Contractor, disburse such amounts withheld for and on account of the Contractor or subcontractor to the respective employees to whom they are due. 3. Payrolls, records, and certifications. (i) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the Project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1 (b)(2)(B) of the Davis-Bacon Act (40 U.S.C. 3141(2)(B)(ii))), daily and weekly number of hours worked, deductions made and actual wages paid. Previous editions are obsolete; Construction Contract Supp HUD-92554M(Rev.04/11) Replaces form HUD-92554 4 Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1 (b)(2)(B) of the Davis- Bacon Act (40 U.S.C. 3141(2)(B)(ii)), the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) (ii)(a) The Contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the Contract, but if the agency is not such a party, the Contractor shall submit the payrolls to the applicant, sponsor, or Owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/whd/forms/wh347.pdf or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to HUD or its designee if the agency is a party to the Contract, but if the agency is not such a party, the Contractor will submit the payrolls to the applicant sponsor, or Owner, as the case may be, for transmission to HUD or its designee, the Contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this subparagraph for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to HUD or its designee.(Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) (b) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the Contract and shall certify the following: Previous editions are obsolete; Construction Contract Supp HUD-92554M(Rev.04/11) Replaces form HUD-92554 5 (1) That the payroll for the payroll period contains the information required to be provided under 29 CFR 5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR 5.5(a)(3)(i), and that such information is correct and complete. (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the Contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the Contract. (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by subparagraph B.3.(ii)(b) of this Article. (d) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Sections 3801 et seq of Title 31 of the United States Code. (iii) The Contractor or subcontractor shall make the records required under subparagraph B.3.(i) of this Article available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the Contractor, sponsor, applicant, or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and Trainees. (i) Apprentices. Apprentices shall be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by such Office, or if a person is employed in his or her first ninety (90) days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship, or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in Previous editions are obsolete; Construction Contract Supp HUD-92554M(Rev.04/11) Replaces form HUD-92554 6 any craft classification shall not be greater than the ratio permitted to the Contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where the Contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the Contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship, or a State Apprenticeship Agency recognized by such Office, withdraws approval of an apprenticeship program, the Contractor shall no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees shall not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman's hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws Previous editions are obsolete; Construction Contract Supp HUD-92554M(Rev.04/11) Replaces form HUD-92554 7 approval of a training program, the Contractor shall no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act Requirements. The Contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this Contract. 6. Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraphs 1 through 10 of this paragraph B and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of the applicable prevailing wage determination, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all Contract clauses referenced in this subparagraph. 7. Contract termination and debarment. A breach of the Contract clauses in 29 CFR 5.5 may be grounds for termination of the Contract, and for debarment as a contractor or a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this Contract. 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this Contract shall not be subject to the general disputes clause of this Contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of Eligibility. (i) By entering into this Contract, the Contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act (40 U.S.C. 3144(b)(2)) or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (ii) No part of this Contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act (40 Previous editions are obsolete; Construction Contract Supp HUD-92554M(Rev.04/11) Replaces form HUD-92554 8 U.S.C. 3144(b)(2)) or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1010, Title 18, U.S.C., "Federal Housing Administration transactions", provides in part: "Whoever, for the purpose of . . . influencing in any way the action of such Department . . . makes, passes, utters or publishes any statement, knowing the same to be false . . . shall be fined under this title or imprisoned not more than two years, or both." C. Contract Work Hours and Safety Standards Act. 1. Applicability and Definitions. This paragraph C of Article 1 is applicable only if a direct form of federal assistance is involved, such as Section 8, Section 202/811 Capital Advance, grants etc., and is applicable only where the prime contract is in an amount greater than $100,000. As used in this paragraph C, the terms "laborers" and "mechanics" include watchmen and guards. 2. Overtime requirements. No contractor or subcontractor contracting for any part of the Contract work that may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty (40) hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty (40) hours in such workweek. 3. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the immediately preceding subparagraph C.2, the Contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, the Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory)for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of such subparagraph, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty (40) hours without payment of the overtime wages required by the clause set forth in such subparagraph. 4. Withholding for unpaid wages and liquidated damages. HUD or its designee shall, upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract, or under any other Federal contract with the same prime contractor, or under any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or Previous editions are obsolete; Construction Contract Supp HUD-92554M(Rev.04/11) Replaces form HUD-92554 9 subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph 3 of this paragraph C. 5. Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraphs 1 through 5 of this paragraph C and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in such subparagraphs 1 through 5. D. Certification. For projects with Security Instruments insured under the National Housing Act, as amended, that are subject to paragraph B of this Article 1, the Contractor is required to execute the Contractor's Prevailing Wage Certificate within HUD-92448 as a condition precedent to insurance by HUD of the Loan, or an advance thereof, made or to be made by the Lender in connection with the construction of the Project. Article 2: Equal Employment Opportunity A. Applicability. This Article 2 applies to any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee. B. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, disability, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, disability or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The Contractor agrees to post in conspicuous places available to employees and applicants for employment notices to be provided setting forth the provisions of this nondiscrimination clause. C. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor state that all qualified applicants shall receive consideration for employment without regard to race, color, religion, sex, disability, or national origin. D. The Contractor shall send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding a notice to be provided advising the said labor union or workers representatives of the Contractor's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. Previous editions are obsolete; Construction Contract Supp HUD-92554M(Rev.04/11) Replaces form HUD-92554 10 E. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965 and of the rules, regulations, and relevant orders of the Secretary of Labor. F. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and shall permit access to its books, records, and accounts by the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. G. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations or order of the Secretary of Labor, or as otherwise provided by law. H. The Contractor shall include the provisions of paragraphs A through H of this Article 2 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions shall be binding upon each subcontractor or vendor. The Contractor shall take such action with respect to any subcontract or purchase order as HUD or the Secretary of Labor may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by HUD or the Secretary of Labor, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. Article 3: Equal Opportunity for Businesses and Lower Income Persons Located Within the Project Area A. This Article 3 is applicable to projects covered by Section 3, as defined in 24 CFR Part 135. B. The work to be performed under this Contract is on a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to lower income residents of the unit of local government or the metropolitan area (or non-metropolitan county) as determined by HUD in which the Project is located and contracts for work in connection with the Project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the same metropolitan area (or non-metropolitan county) as the Project. Article 4: Health and Safety Previous editions are obsolete; Construction Contract Supp HUD-92554M(Rev.04/11) Replaces form HUD-92554 11 A. This Article 4 is applicable only where the prime contract is in an amount greater than $100,000. B. No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his or her health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. C. The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to 29 CFR Part 1926, and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, 40 USC 3701 et seq. D. The Contractor shall include the provisions of this Article 4 in every subcontract so that such provisions shall be binding on each subcontractor. The Contractor shall take such action with respect to any subcontract as HUD or the Secretary of Labor shall direct as a means of enforcing such provisions. Previous editions are obsolete; Construction Contract Supp HUD-92554M(Rev.04/11) Replaces form HUD-92554 FEDERAL MINIMUM WAGES (Applicable 10 Business Days prior to the Date of Bid Opening To be inserted into Contract before Award and Execution of the Contract) FOR STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO Page 1 of 24 General Decision Number: CA120037 03/02/2012 CA37 Superseded General Decision Number: CA20100037 State: California Construction Types: Building, Heavy (Heavy and Dredging) and Highway County: San Bernardino County in California. BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work) ; HEAVY CONSTRUCTION PROJECTS (does not include water well drilling) ; HIGHWAY CONSTRUCTION PROJECTS Modification Number Publication Date 0 01/06/2012 1 03/02/2012 ASBE0005-002 06/28/2010 Rates Fringes Asbestos Workers/Insulator (Includes the application of all insulating materials, protective coverings, coatings, and finishes to all types of mechanical systems) $ 32.79 16.31 Fire Stop Technician (Application of Firestopping Materials for wall openings and penetrations in walls, floors, ceilings and curtain walls) $ 24 .21 13.76 ASBE0005-004 06/28/2010 Rates Fringes Asbestos Removal worker/hazardous material handler (Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials from mechanical systems, whether they contain asbestos or not) . . . .$ 18.70 8. 65 BOIL0092-003 05/01/2011 Rates Fringes BOILERMAKER $ 41.26 25.27 * BRCA0004-011 05/01/2011 http://www.wdol.gov/wdol/scafiles/davisbacon/CA37.dvb 3/14/2012 Page 2 of 24 Rates Fringes BRICKLAYER; MARBLE SETTER $ 35. 66 10.87 *The wage scale for prevailing wage projects performed in Blythe, China lake, Death Valley, Fort Irwin, Twenty-Nine Palms, Needles and 1-15 corridor (Barstow to the Nevada State Line) will be Three Dollars ($3.00) above the standard San Bernardino/Riverside County hourly wage rate BRCA0018-004 06/01/2011 Rates Fringes MARBLE FINISHER $ 28.02 12.22 TILE FINISHER $ 27.80 12.54 TILE LAYER $ 38. 61 13.83 BRCA0018-010 09/01/2009 Rates Fringes TERRAZZO FINISHER $ 26.59 9. 62 TERRAZZO WORKER/SETTER $ 33. 63 10.46 CARP0409-001 07/01/2010 Rates Fringes CARPENTER (1) Carpenter, Cabinet Installer, Insulation Installer, Hardwood Floor Worker and acoustical installer, and solar panels.$ 37.35 11.08 (2) Millwright $ 37.85 11.08 (3) Piledriver/Derrick Bargeman, Bridge or Dock Carpenter, Heavy Framer, Rock Bargeman or Scowman, Rockslinger, Shingler (Commercial) $ 37.48 10.58 (3) Piledrivermen/Derrick Bargeman, Bridge or Dock Carpenter, Heavy Framer, Rock Bargeman or Scowman, Rockslinger, Shingler (Commercial) $ 37.48 11.08 (4) Pneumatic Nailer, Power Stapler $ 37. 60 11.08 (5) Sawfiler $ 37.44 11.08 (6) Scaffold Builder $ 28.55 11.08 (7) Table Power Saw Operator $ 37.45 11.08 FOOTNOTE: Work of forming in the construction of open cut sewers or storm drains, on operations in which horizontal lagging is used in conjunction with steel H-Beams driven or placed in pre- drilled holes, for that portion of a lagged http://www.wdol.gov/wdol/scafiles/davisbacon/CA37.dvb 3/14/2012 Page 3 of 24 trench against which concrete is poured, namely, as a substitute for back forms (which work is performed by piledrivers) : $0.13 per hour additional. Certified Welder - $1.00 per hour premium. CARP0409-002 07/01/2008 Rates Fringes Diver (1) Wet $ 663. 68 9.82 (2) Standby $ 331.84 9.82 (3) Tender $ 323.84 9.82 (4) Assistant Tender $ 299.84 9.82 Amounts in "Rates' column are per day CARP0409-005 07/01/2010 Rates Fringes Drywall DRYWALL INSTALLER/LATHER. . . .$ 37.35 11.08 STOCKER/SCRAPPER $ 10.00 6. 67 CARP0409-008 08/01/2010 Rates Fringes Modular Furniture Installer $ 17.00 7.41 * ELEC0011-002 11/28/2011 COMMUNICATIONS AND SYSTEMS WORK Rates Fringes Communications System Installer $ 30.05 11.43 Technician $ 29.05 11.40 SCOPE OF WORK: Installation, testing, service and maintenance of systems utilizing the transmission and/or transference of voice, sound, vision and digital for commercial, educational, security and entertainment purposes for the following: TV monitoring and surveillance, background-foreground music, intercom and telephone interconnect, inventory control systems, microwave transmission, multi-media, multiplex, nurse call systems, radio page, school intercom and sound, burglar alarms, fire alarm (see last paragraph below) and low voltage master clock systems in commercial buildings. Communication Systems that transmit or receive information and/or control systems that are intrinsic to the above listed systems; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding all other data systems or multiple systems which include control function or power supply; excluding installation of raceway systems, conduit systems, line voltage work, and energy management systems. Does not http://www.wdol.gov/wdol/scafiles/davisbacon/CA37.dvb 3/14/2012 Page 4 of 24 cover work performed at China Lake Naval Ordnance Test Station. Fire alarm work shall be performed at the current inside wireman total cost package. * ELEC0477-002 09/05/2011 Rates Fringes Electricians- $ 35.35 3%+16.65 CABLE SPLICER: $1.00 per hour above Electrician rate. TUNNEL WORK: 10% above Electrician rate. ZONE PAY: Zone A - 80 road miles from Post Office, 455 Orange Show Lane, San Bernardino, will be a free zone for all contractors Zone B - Any work performed outside Zone A's 80 road miles, shall add $12.00 per hour to the current wage scale. ELEC1245-001 06/01/2011 Rates Fringes LINE CONSTRUCTION (1) Lineman; Cable splicer. .$ 47.87 13.87 (2) Equipment specialist (operates crawler tractors, commercial motor vehicles, backhoes, trenchers, cranes (50 tons and below) , overhead & underground distribution line equipment) $ 38.23 12.80 (3) Groundman $ 29.25 12.53 (4) Powderman $ 42.75 12. 97 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 01/01/2012 Rates Fringes ELEVATOR MECHANIC $ 47.73 23.535 FOOTNOTE: PAID VACATION: Employer contributes 8% of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service. PAID HOLIDAYS: New Years Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day. ENGI0012-003 07/01/2011 Rates Fringes OPERATOR: Power Equipment http://www.wdol.gov/wdol/scafiles/davisbacon/CA37.dvb 3/14/2012 Page 5 of 24 (All Other Work) GROUP 1 $ 36.13 20.77 GROUP 2 $ 36.91 20.77 GROUP 3 $ 37.20 20.77 GROUP 4 $ 38.69 20.77 GROUP 5 $ 40.49 20.77 GROUP 6 $ 38. 91 20.77 GROUP 8 $ 39.02 20.77 GROUP 9 $ 40.82 20.77 GROUP 10 $ 39.14 20.77 GROUP 11 $ 40. 94 20.77 GROUP 12 $ 39.31 20.77 GROUP 13 $ 39.41 20.77 GROUP 14 $ 39.44 20.77 GROUP 15 $ 39.52 20.77 GROUP 16 $ 39.64 20.77 GROUP 17 $ 39.81 20.77 GROUP 18 $ 39.91 20.77 GROUP 19 $ 40.02 20.77 GROUP 20 $ 40.14 20.77 GROUP 21 $ 40.31 20.77 GROUP 22 $ 40.41 20.77 GROUP 23 $ 40.52 20.77 GROUP 24 $ 40.64 20.77 GROUP 25 $ 40.81 20.77 OPERATOR: Power Equipment (Cranes, Piledriving & Hoisting) GROUP 1 $ 37.48 20.77 GROUP 2 $ 38.26 20.77 GROUP 3 $ 38.55 20.77 GROUP 4 $ 38.69 20.77 GROUP 5 $ 38. 91 20.77 GROUP 6 $ 39.02 20.77 ,_, GROUP 7 $ 39.14 20.77 GROUP 8 $ 39.31 20.77 GROUP 9 $ 39.48 20.77 GROUP 10 $ 40.48 20.77 GROUP 11 $ 41.48 20.77 GROUP 12 $ 42.48 20.77 GROUP 13 $ 43.48 20.77 OPERATOR: Power Equipment (Tunnel Work) GROUP 1 $ 37. 98 20.77 GROUP 2 $ 38.76 20.77 GROUP 3 $ 39.05 20.77 GROUP 4 $ 39.19 20.77 GROUP 5 $ 39.41 20.77 GROUP 6 $ 39.52 20.77 GROUP 7 $ 39. 64 20.77 PREMIUM PAY: $3.75 per hour shall be paid on all Power Equipment Operator work on the followng Military Bases: China Lake Naval Reserve, Vandenberg AFB, Point Arguello, Seely Naval Base, Fort Irwin, Nebo Annex Marine Base, Marine Corp Logistics Base Yermo, Edwards AFB, 29 Palms Marine Base and Camp Pendleton Workers required to suit up and work in a hazardous material http://www.wdol.gov/wdol/scafiles/davisbacon/CA37.dvb 3/14/2012 Page 6 of 24 environment: $2.00 per hour additional. Combination mixer and compressor operator on gunite work shall be classified as a concrete mobile mixer operator. SEE ZONE DEFINITIONS AFTER CLASSIFICATIONS POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch Witch, with seat or similar type equipment; Elevator operator-inside; Engineer Oiler; Forklift operator (includes Toed, lull or similar types under 5 tons; Generator operator; Generator, pump or compressor plant operator; Pump operator; Signalman; Switchman GROUP 2: Asphalt-rubber plant operator (nurse tank operator) ; Concrete mixer operator-skip type; Conveyor operator; Fireman; Forklift operator (includes Toed, lull or similar types over 5 tons; Hydrostatic pump operator; oiler crusher (asphalt or concrete plant) ; Petromat laydown machine; PJU side dum jack; Screening and conveyor machine operator (or similar types) ; Skiploader (wheel type up to 3/4 yd. without attachment) ; Tar pot fireman; Temporary heating plant operator; Trenching machine oiler GROUP 3: Asphalt-rubber blend operator; Bobcat or similar type (Skid steer) ; Equipment greaser (rack) ; Ford Ferguson (with dragtype attachments) ; Helicopter radioman (ground) ; Stationary pipe wrapping and cleaning machine operator GROUP 4: Asphalt plant fireman; Backhoe operator (mini-max or similar type) ; Boring machine operator; Boxman or mixerman (asphalt or concrete) ; Chip spreading machine operator; Concrete cleaning decontamination machine operator; Concrete Pump Operator (small portable) ; Drilling machine operator, small auger types (Texoma super economatic or similar types - Hughes 100 or 200 or similar types - drilling depth of 30' maximum) ; Equipment greaser (grease truck) ; Guard rail post driver operator; Highline cableway signalman; Horizontal Directional Drilling Machine; Hydra-hammer-aero stomper; Micro Tunneling (above ground tunnel) ; Power concrete curing machine operator; Power concrete saw operator; Power-driven jumbo form setter operator; Power sweeper operator; Rock Wheel Saw/Trencher; Roller operator (compacting) ; Screed operator (asphalt or concrete) ; Trenching machine operator (up to 6 ft. ) ; Vacuum or much truck GROUP 5: Equipment Greaser (Grease Truck/Multi Shift) . GROUP 6: Articulating material hauler; Asphalt plant engineer; Batch plant operator; Bit sharpener; Concrete joint machine operator (canal and similar type) ; Concrete planer operator; Dandy digger; Deck engine operator; Derrickman (oilfield type) ; Drilling machine operator, bucket or auger types (Calweld 100 bucket or similar types - Watson 1000 auger or similar types - Texoma 330, 500 or 600 auger or similar types - drilling depth of 45' maximum) ; Drilling machine operator; Hydrographic seeder machine operator (straw, pulp or seed) , Jackson track http://www.wdol.gov/wdol/scafiles/davisbacon/CA37.dvb 3/14/2012 Page 7 of 24 maintainer, or similar type; Kalamazoo Switch tamper, or similar type; Machine tool operator; Maginnis internal full slab vibrator, Mechanical berm, curb or gutter(concrete or asphalt) ; Mechanical finisher operator (concrete, Clary-Johnson-Bidwell or similar) ; Micro tunnel system (below ground) ; Pavement breaker operator (truck mounted) ; Road oil mixing machine operator; Roller operator (asphalt or finish) , rubber-tired earth moving equipment (single engine, up to and including 25 yds. struck) ; Self-propelled tar pipelining machine operator; Skiploader operator (crawler and wheel type, over 3/4 yd. and up to and including 1-1/2 yds. ) ; Slip form pump operator (power . driven hydraulic lifting device for concrete forms) ; Tractor operator-bulldozer, tamper-scraper (single engine, up to 100 h.p. flywheel and similar types, up to and including D-5 and similar types) ; Tugger hoist operator (1 drum) ; Ultra high pressure waterjet cutting tool system operator; Vacuum blasting machine operator GROUP 8: Asphalt or concrete spreading operator (tamping or finishing) ; Asphalt paving machine operator (Barber Greene or similar type) ; Asphalt-rubber distribution operator; Backhoe operator (up to and including 3/4 yd. ) , small ford, Case or similar; Cast-in-place pipe laying machine operator; Combination mixer and compressor operator (gunite work) ; Compactor operator (self-propelled) ; Concrete mixer operator (paving) ; Crushing plant operator; Drill Doctor; Drilling machine operator, Bucket or auger types (Calweld 150 bucket or similar types - Watson 1500, 2000 2500 auger or similar types - Texoma 700, 800 auger or similar types - drilling depth of 60' maximum) ; Elevating grader operator; Grade checker; Gradall operator; Grouting machine operator; Heavy-duty repairman; Heavy equipment robotics operator; Kalamazoo balliste regulator or similar type; Kolman belt loader and similar type; Le Tourneau blob compactor or similar type; Loader operator (Athey, Euclid, Sierra and similar types) ; Mobark Chipper or similar; Ozzie padder or similar types; P.C. slot saw; Pneumatic concrete placing machine operator (Hackley-Presswell or similar type) ; Pumperete gun operator; Rock Drill or similar types; Rotary drill operator (excluding caisson type) ; Rubber-tired earth-moving equipment operator (single engine, caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. up to and including 50 cu. yds. struck) ; Rubber-tired earth-moving equipment operator (multiple engine up to and including 25 yds. struck) ; Rubber-tired scraper operator (self-loading paddle wheel type-John Deere, 1040 and similar single unit) ; Self- propelled curb and gutter machine operator; Shuttle buggy; Skiploader operator (crawler and wheel type over 1-1/2 yds. up to and including 6-1/2 yds. ) ; Soil remediation plant operator; Surface heaters and planer operator; Tractor compressor drill combination operator; Tractor operator (any type larger than D-5 - 100 flywheel h.p. and over, or similar-bulldozer, tamper, scraper and push tractor single engine) ; Tractor operator (boom attachments) , Traveling pipe wrapping, cleaning and bendng machine operator; Trenching machine operator (over 6 ft. depth capacity, manufacturer's rating) ; trenching Machine with Road Miner attachment (over 6 ft depth capacity) : Ultra high pressure http://www.wdol.gov/wdol/scafiles/davisbacon/CA37.dvb 3/14/2012 Page 8 of 24 waterjet cutting tool system mechanic; Water pull (compaction) operator GROUP 9: Heavy Duty Repairman GROUP 10: Drilling machine operator, Bucket or auger types (Calweld 200 B bucket or similar types-Watson 3000 or 5000 auger or similar types-Texoma 900 auger or similar types-drilling depth of 105' maximum) ; Dual drum mixer, dynamic compactor LDC350 (or similar types) ; Monorail locomotive operator (diesel, gas or electric) ; Motor patrol-blade operator (single engine) ; Multiple engine tractor operator (Euclid and similar type-except Quad 9 cat. ) ; Rubber-tired earth-moving equipment operator (single engine, over 50 yds. struck) ; Pneumatic pipe ramming tool and similar types; Prestressed wrapping machine operator; Rubber-tired earth-moving equipment operator (single engine, over 50 yds. struck) ; Rubber tired earth moving equipment operator (multiple engine, Euclid, caterpillar and similar over 25 yds. and up to 50 yds. struck) , Tower crane repairman; Tractor loader operator (crawler and wheel type over 6-1/2 yds. ) ; Woods mixer operator (and similar Pugmill equipment) GROUP 11: Heavy Duty Repairman - Welder Combination, Welder - Certified. GROUP 12: Auto grader operator; Automatic slip form operator; Drilling machine operator, bucket or auger types (Calweld, auger 200 CA or similar types - Watson, auger 6000 or similar types - Hughes Super Duty, auger 200 or similar types - drilling depth of 175' maximum) ; Hoe ram or similar with compressor; Mass excavator operator less tha 750 cu. yards; Mechanical finishing machine operator; Mobile form traveler operator; Motor patrol operator (multi-engine) ; Pipe mobile machine operator; Rubber-tired earth- moving equipment operator (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) ; Rubber-tired self- loading scraper operator (paddle-wheel-auger type self-loading - two (2) or more units) GROUP 13: Rubber-tired earth-moving equipment operator operating equipment with push-pull system (single engine, up to and including 25 yds. struck) GROUP 14 : Canal liner operator; Canal trimmer operator; Remote- control earth-moving equipment operator (operating a second piece of equipment: $1.00 per hour additional) ; Wheel excavator operator (over 750 cu. yds. ) GROUP 15: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck) ; Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine-up to and including 25 yds. struck) GROUP 16: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, http://www.wdol.gov/wdol/scafiles/davisbacon/CA37.dvb 3/14/2012 Page 9 of 24 over 50 yds. struck) ; Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 17: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 50 cu. yds. struck) ; Tandem tractor operator (operating crawler type tractors in tandem - Quad 9 and similar type) GROUP 18: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, up to and including 25 yds. struck) GROUP 19: Rotex concrete belt operator (or similar types) ; Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds.and up to and including 50 cu. yds. struck) ; Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, up to and including 25 yds. struck) GROUP 20: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, over 50 yds. struck) ; Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps, and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 21: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) GROUP 22: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, up to and including 25 yds. struck) GROUP 23: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck) ; Rubber-tired earth-moving equipment operator, operating with the tandem push-pull system (multiple engine, up to and including 25 yds. struck) GROUP 24: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, over 50 yds. struck) ; Rubber-tired earth-moving equipment operator, operating equipment with http://www.wdol.gov/wdol/scafiles/davisbacon/CA37.dvb 3/14/2012 Page 10 of 24 the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 25: Concrete pump operator-truck mounted; Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS GROUP 1: Engineer oiler; Fork lift operator (includes Toed, lull or similar types) GROUP 2: Truck crane oiler GROUP 3: A-frame or winch truck operator; Ross carrier operator (jobsite) GROUP 4: Bridge-type unloader and turntable operator; Helicopter hoist operator GROUP 5: Hydraulic boom truck; Stinger crane (Austin-Western or similar type) ; Tugger hoist operator (1 drum) GROUP 6: Bridge crane operator; Cretor crane operator; Hoist operator (Chicago boom and similar type) ; Lift mobile operator; Lift slab machine operator (Vagtborg and similar types) ; Material hoist and/or manlift operator; Polar gantry crane operator; Self Climbing scaffold (or similar type) ; Shovel, backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5 cu. yds. mrc) ; Tugger hoist operator GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cu. yds. mrc) ; Tower crane repair; Tugger hoist operator (3 drum) GROUP 8: Crane operator (up to and including 25 ton capacity) ; Crawler transporter operator; Derrick barge operator (up to and including 25 ton capacity) ; Hoist operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity) ; Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds. , M.R.C. ) GROUP 9: Crane operator (over 25 tons and up to and including 50 tons mrc) ; Derrick barge operator (over 25 tons up to and including 50 tons mrc) ; Highline cableway operator; Hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including 50 tons mrc) ; K-crane operator; Polar crane operator; Self erecting tower crane operator maximum lifting capacity ten tons GROUP 10: Crane operator (over 50 tons and up to and including 100 tons mrc) ; Derrick barge operator (over 50 tons up to and including 100 tons mrc) ; Hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to and including 100 tons mrc) , Mobile tower crane operator (over 50 tons, up to and including 100 tons M.R.C. ) ; Tower crane operator and tower gantry http://www.wdol.gov/wdol/scafiles/davisbacon/CA37.dvb 3/14/2012 Page 11 of 24 GROUP 11: Crane operator (over 100 tons and up to and including 200 tons mrc) ; Derrick barge operator (over 100 tons up to and including 200 tons mrc) ; Hoist operator, stiff legs, Guy derrick or similar type (over 100 tons up to and including 200 tons mrc) ; Mobile tower crane operator (over 100 tons up to and including 200 tons mrc) GROUP 12: Crane operator (over 200 tons up to and including 300 tons mrc) ; Derrick barge operator (over 200 tons up to and including 300 tons mrc) ; Hoist operator, stiff legs, Guy derrick or similar type (over 200 tons, up to and including 300 tons mrc) ; Mobile tower crane operator (over 200 tons, up to and including 300 tons mrc) GROUP 13: Crane operator (over 300 tons) ; Derrick barge operator (over 300 tons) ; Helicopter pilot; Hoist operator, stiff legs, Guy derrick or similar type (over 300 tons) ; Mobile tower crane operator (over 300 tons) TUNNEL CLASSIFICATIONS GROUP 1: Skiploader (wheel type up to 3/4 yd. without attachment) GROUP 2: Power-driven jumbo form setter operator GROUP 3: Dinkey locomotive or motorperson (up to and including 10 tons) GROUP 4: Bit sharpener; Equipment greaser (grease truck) ; Slip form pump operator (power-driven hydraulic lifting device for concrete forms) ; Tugger hoist operator (1 drum) ; Tunnel locomotive operator (over 10 and up to and including 30 tons) GROUP 5: Backhoe operator (up to and including 3/4 yd. ) ; Small Ford, Case or similar; Drill doctor; Grouting machine operator; Heading shield operator; Heavy-duty repairperson; Loader operator (Athey, Euclid, Sierra and similar types) ; Mucking machine operator (1/4 yd. , rubber-tired, rail or track type) ; Pneumatic concrete placing machine operator (Hackley-Presswell or similar type) ; Pneumatic heading shield (tunnel) ; Pumperete gun operator; Tractor compressor drill combination operator; Tugger hoist operator (2 drum) ; Tunnel locomotive operator (over 30 tons) GROUP 6: Heavy Duty Repairman GROUP 7: Tunnel mole boring machine operator ENGINEERS ZONES $1.00 additional per hour for all of IMPERIAL County and the portions of KERN, RIVERSIDE & SAN BERNARDINO Counties as defined below: That area within the following Boundary: Begin in San Bernardino County, approximately 3 miles NE of the intersection of I-15 and the California State line at that point which is the NW corner of Section 1, T17N,m R14E, San Bernardino http://www.wdol.gov/wdol/scafiles/davisbacon/CA37.dvb 3/14/2012 Page 12 of 24 Meridian. Continue W in a straight line to that point which is the SW corner of the northwest quarter of Section 6, T27S, R42E, Mt. Diablo Meridian. Continue North to the intersection with the Inyo County Boundary at that point which is the NE corner of the western half of the northern quarter of Section 6, T25S, R42E, MDM. Continue W along the Inyo and San Bernardino County boundary until the intersection with Kern County, as that point which is the SE corner of Section 34, T24S, R40E, MDM. Continue W along the Inyo and Kern County boundary until the intersection with Tulare County, at that point which is the SW corner of the SE quarter of Section 32, T24S, R37E, MDM. Continue W along the Kern and Tulare County boundary, until that point which is the NW corner of T25S, R32E, MDM. Continue S following R32E lines to the NW corner of T31S, R32E, MDM. Continue W to the NW corner of T31S, R31E, MDM. Continue S to the SW corner of T32S, R31E, MDM. Continue W to SW corner of SE quarter of Section 34, T32S, R30E, MDM. Continue S to SW corner of T11N, R17W, SBM. Continue E along south boundary of T11N, SBM to SW corner of T11N, R7W, SBM. Continue S to SW corner of T9N, R7W, SBM. Continue E along south boundary of T9N, SBM to SW corner of T9N, R1E, SBM. Continue S along west boundary of R1E, SMB to Riverside County line at the SW corner of T1S, R1E, SBM. Continue E along south boundary of Tls, SBM (Riverside County Line) to SW corner of T1S, R10E, SBM. Continue S along west boundary of R10E, SBM to Imperial County line at the SW corner of T8S, R10E, SBM. Continue W along Imperial and Riverside county line to NW corner of T9S, R9E, SBM. Continue S along the boundary between Imperial and San Diego Counties, along the west edge of R9E, SBM to the south boundary of Imperial County/California state line. Follow the California state line west to Arizona state line, then north to Nevada state line, then continuing NW back to start at the point which is the NW corner of Section 1, T17N, R14E, SBM $1.00 additional per hour for portions of SAN LUIS OBISPO, KERN, SANTA BARBARA & VENTURA as defined below: That area within the following Boundary: Begin approximately 5 miles north of the community of Cholame, on the Monterey County and San Luis Obispo County boundary at the NW corner of T25S, R16E, Mt. Diablo Meridian. Continue south along the west side of R16E to the SW corner of T30S, R16E, MDM. Continue E to SW corner of T30S, R17E, MDM. Continue S to SW corner of T31S, R17E, MDM. Continue E to SW corner of T31S, R18E, MDM. Continue S along West side of R18E, MDM as it crosses into San Bernardino Meridian numbering area and becomes R3OW. Follow the west side of R3OW, SBM to the SW corner of T9N, R3OW, SBM. Continue E along the south edge of T9N, SBM to the Santa Barbara County and Ventura County boundary at that point whch is the SW corner of Section 34.T9N, R24W, SBM, continue S along the Ventura County line to that point which is the SW corner of the SE quarter of Section 32, T7N, R24W, SBM. Continue E along the south edge of T7N, SBM to the SE corner to T7N, R21W, SBM. Continue N along East side of R21W, SBM to Ventura County and Kern County boundary at the NE corner of T8N, R21W. Continue W along the Ventura County and Kern County boundary to the SE corner of T9N, R21W. Continue North along the East edge of R21W, SBM to the NE corner of T12N, R21W, SBM. Continue West along the north edge of T12N, SBM to the SE corner of http://www.wdol.gov/wdol/scafiles/davisbacon/CA37.dvb 3/14/2012 Page 13 of 24 T32S, R21E, MDM. [T12N SBM is a think strip between T11N SBM and T32S MDM) . Continue North along the East side of R21E, MDM to the Kings County and Kern County border at the NE corner of T25S, R21E, MDM, continue West along the Kings County and Kern County Boundary until the intersection of San Luis Obispo County. Continue west along the Kings County and San Luis Obispo County boundary until the intersection with Monterey County. Continue West along the Monterey County and San Luis Obispo County boundary to the beginning point at the NW corner of T25S, R16E, MDM. $2.00 additional per hour for INYO and MONO Counties and the Northern portion of SAN BERNARDINO County as defined below: That area within the following Boundary: Begin at the intersection of the northern boundary of Mono County and the California state line at the point which is the center of Section 17, T1ON, R22E, Mt. Diablo Meridian. Continue S then SE along the entire western boundary of Mono County, until it reaches Inyo County at the point which is the NE corner of the Western half of the NW quarter of Section 2, T8S, R29E, MDM. Continue SSE along the entire western boundary of Inyo County, until the intersection with Kern County at the point which is the SW corner of the SE 1/4 of Section 32, T24S, R37E, MDM. Continue E along the Inyo and Kern County boundary until the intersection with San Bernardino County at that point which is the SE corner of section 34, T24S, R40E, MDM. Continue E along the Inyo and San Bernardino County boundary until the point which is the NE corner of the Western half of the NW quarter of Section 6, T25S, R42E, MDM. Continue S to that point which is the SW corner of the NW quarter of Section 6, T27S, R42E, MDM. Continue E in a straight line to the California and Nevada state border at the point which is the NW corner of Section 1, T17N, R14E, San Bernardino Meridian. Then continue NW along the state line to the starting point, which is the center of Section 18, T1ON, R22E, MDM. REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE ENGI0012-004 08/01/2009 Rates Fringes OPERATOR: Power Equipment (DREDGING) (1) Leverman $ 44 .83 17.22 (2) Dredge dozer $ 40.36 17.22 (3) Deckmate $ 40.25 17.22 (4) Winch operator (stern winch on dredge) $ 39.70 17.22 (5) Fireman-Oiler, Deckhand, Bargeman, Leveehand $ 39.16 17.22 (6) Barge Mate $ 39.77 17.22 * IRON0002-004 07/01/2011 Rates Fringes http://www.wdol.gov/wdol/scafiles/davisbacon/CA37.dvb 3/14/2012 Page 14 of 24 Ironworkers: Fence Erector $ 26.58 15.76 Ornamental, Reinforcing and Structural $ 33.00 24.40 PREMIUM PAY: $6.00 additional per hour at the following locations: China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland, Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center-Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB $4 .00 additional per hour at the following locations: Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center $2.00 additional per hour at the following locations: Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock LAB00300-001 07/01/2011 Rates Fringes Brick Tender $ 27.17 16.71 LAB00300-003 07/01/2011 Rates Fringes LABORER (GUNITE) GROUP 1 $ 30.04 14.20 GROUP 2 $ 29.09 14.20 GROUP 3 $ 25.55 14 .20 LABORER (TUNNEL) GROUP 1 $ 32.20 15.98 GROUP 2 $ 32.52 15.98 GROUP 3 $ 32. 98 15. 98 GROUP 4 $ 33. 67 15. 98 LABORER GROUP 1 $ 26.33 16.00 GROUP 2 $ 26.88 16.00 GROUP 3 $ 27.43 16.00 GROUP 4 $ 28.98 16.00 GROUP 5 $ 29.33 16.00 FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a Bosn'n's Chair or suspended from a rope or cable shall receive 40 cents per hour above the foregoing applicable classification rates. Workers doing gunite and/or shotcrete work in a tunnel shall receive 35 cents per hour above the foregoing applicable classification rates, paid http://www.wdol.gov/wdol/scafiles/davisbacon/CA37.dvb 3/14/2012 Page 15 of 24 on a portal-to-portal basis. Any work performed on, in or above any smoke stack, silo, storage elevator or similar type of structure, when such structure is in excess of 75'-0" above base level and which work must be performed in whole or in part more than 75'-0" above base level, that work performed above the 75'-0" level shall be compensated for at 35 cents per hour above the applicable classification wage rate. LABORER CLASSIFICATIONS GROUP 1: Cleaning and handling of panel forms; Concrete screeding for rough strike-off; Concrete, water curing; Demolition laborer, the cleaning of brick if performed by a worker performing any other phase of demolition work, and the cleaning of lumber; Fire watcher, limber, brush loader, piler and debris handler; Flag person; Gas, oil and/or water pipeline laborer; Laborer, asphalt-rubber material loader; Laborer, general or construction; Laborer, general clean-up; Laborer, landscaping; Laborer, jetting; Laborer, temporary water and air lines; Material hose operator (walls, slabs, floors and decks) ; Plugging, filling of shee bolt holes; Dry packing of concrete; Railroad maintenance, repair track person and road beds; Streetcar and railroad construction track laborers; Rigging and signaling; Scaler; Slip form raiser; Tar and mortar; Tool crib or tool house laborer; Traffic control by any method; Window cleaner; Wire mesh pulling - all concrete pouring operations GROUP 2: Asphalt shoveler; Cement dumper (on 1 yd. or larger mixer and handling bulk cement) ; Cesspool digger and installer; Chucktender; Chute handler, pouring concrete, the handling of the chute from readymix trucks, such as walls, slabs, decks, floors, foundation, footings, curbs, gutters and sidewalks; Concrete curer, impervious membrane and form oiler; Cutting torch operator (demolition) ; Fine grader, highways and street paving, airport, runways and similar type heavy construction; Gas, oil and/or water pipeline wrapper - pot tender and form person; Guinea chaser; Headerboard person - asphalt; Laborer, packing rod steel and pans; Membrane vapor barrier installer; Power broom sweeper (small) ; Riprap stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Sandblaster (pot tender) ; Septic tank digger and installer (lead) ; Tank scaler and cleaner; Tree climber, faller, chain saw operator, Pittsburgh chipper and similar type brush shredder; Underground laborer, including caisson bellower GROUP 3: Buggymobile person; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or longer; Dri-pak-it machine; Gas, oil and/or water pipeline wrapper, 6-in. pipe and over, by any method, inside and out; High scaler (including drilling of same) ; Hydro seeder and similar type; Impact wrench multi-plate; Kettle person, pot person and workers applying asphalt, lay-kold, creosote, lime caustic and similar type materials ("applying" means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing) ; Operator of pneumatic, gas, electric tools, vibrating machine, pavement breaker, air blasting, come-alongs, and http://www.wdol.gov/wdol/scafiles/davisbacon/CA37.dvb 3/14/2012 Page 16 of 24 similar mechanical tools not separately classified herein; Pipelayer's backup person, coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; Rock slinger; Rotary scarifier or multiple head concrete chipping scarifier; Steel headerboard and guideline setter; Tamper, Barko, Wacker and similar type; Trenching machine, hand-propelled GROUP 4 : Asphalt raker, lute person, ironer, asphalt dump person, and asphalt spreader boxes (all types) ; Concrete core cutter (walls, floors or ceilings) , grinder or sander; Concrete saw person, cutting walls or flat work, scoring old or new concrete; Cribber, shorer, lagging, sheeting and trench bracing, hand-guided lagging hammer; Head rock slinger; Laborer, asphalt- rubber distributor boot person; Laser beam in connection with laborers' work; Oversize concrete vibrator operator, 70 lbs. and over; Pipelayer performing all services in the laying and installation of pipe from the point of receiving pipe in the ditch until completion of operation, including any and all forms of tubular material, whether pipe, metallic or non-metallic, conduit and any other stationary type of tubular device used for the conveying of any substance or element, whether water, sewage, solid gas, air, or other product whatsoever and without regard to the nature of material from which the tubular material is fabricated; No-joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster (nozzle person) , water blasting, Porta Shot-Blast GROUP 5: Blaster powder, all work of loading holes, placing and blasting of all powder and explosives of whatever type, regardless of method used for such loading and placing; Driller: All power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all other types of mechanical drills without regard to the form of motive power; Toxic waste removal TUNNEL LABORER CLASSIFICATIONS GROUP 1: Batch plant laborer; Bull gang mucker, track person; Changehouse person; Concrete crew, including rodder and spreader; Dump person; Dump person (outside) ; Swamper (brake person and switch person on tunnel work) ; Tunnel materials handling person GROUP 2: Chucktender, cabletender; Loading and unloading agitator cars; Nipper; Pot tender, using mastic or other materials (for example, but not by way of limitation, shotcrete, etc. ) ; Vibrator person, jack hammer, pneumatic tools (except driller) GROUP 3: Blaster, driller, powder person; Chemical grout jet person; Cherry picker person; Grout gun person; Grout mixer person; Grout pump person; Jackleg miner; Jumbo person; Kemper and other pneumatic concrete placer operator; Miner, tunnel (hand or machine) ; Nozzle person; Operating of troweling and/or grouting machines; Powder person (primer house) ; Primer person; Sandblaster; Shotcrete person; Steel form raiser and setter; Timber person, retimber person, http://www.wdol.gov/wdol/scafiles/davisbacon/CA37.dvb 3/14/2012 Page 17 of 24 wood or steel; Tunnel Concrete finisher GROUP 4 : Diamond driller; Sandblaster; Shaft and raise work GUNITE LABORER CLASSIFICATIONS GROUP 1: Rodmen, Nozzlemen GROUP 2: Gunmen GROUP 3: Reboundmen LAB00300-008 08/05/2009 Rates Fringes LABORER PLASTER CLEAN-UP LABORER. . . .$ 26.65 15. 95 PLASTER TENDER $ 29.20 15. 95 Work at Military Bases - $3.00 additional per hour: Coronado Naval Amphibious Base, Fort Irwin, Marine Corps Air Station-29 Palms, Imperial Beach Naval Air Station, Marine Corps Logistics Supply Base, Marine Corps Pickle Meadows, Mountain Warfare Training Center, Naval Air Facility-Seeley, North Island Naval Air Station, Vandenberg AFB. LAB00882-002 01/01/2010 Rates Fringes Asbestos Removal Laborer $ 26.15 11. 65 SCOPE OF WORK: Includes site mobilization, initial site cleanup, site preparation, removal of asbestos-containing material and toxic waste, encapsulation, enclosure and disposal of asbestos- containing materials and toxic waste by hand or with equipment or machinery; scaffolding, fabrication of temporary wooden barriers and assembly of decontamination stations. LAB01184-001 07/01/2011 Rates Fringes Laborers: (HORIZONTAL DIRECTIONAL DRILLING) (1) Drilling Crew Laborer. . .$ 28.01 11.48 (2) Vehicle Operator/Hauler.$ 28. 18 11.48 (3) Horizontal Directional Drill Operator $ 30.03 11.48 (4) Electronic Tracking Locator $ 32.03 11.48 Laborers: (STRIPING/SLURRY SEAL) GROUP 1 $ 28.50 14 .56 GROUP 2 $ 29.80 14 .56 GROUP 3 $ 31.81 14 .56 http://www.wdol.gov/wdol/scafiles/davisbacon/CA37.dvb 3/14/2012 Page 18 of 24 GROUP 4 $ 33.55 14.56 LABORERS - STRIPING CLASSIFICATIONS GROUP 1: Protective coating, pavement sealing, including repair and filling of cracks by any method on any surface in parking lots, game courts and playgrounds; carstops; operation of all related machinery and equipment; equipment repair technician GROUP 2: Traffic surface abrasive blaster; pot tender - removal of all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc. ) and preparation of surface for coatings. Traffic control person: controlling and directing traffic through both conventional and moving lane closures; operation of all related machinery and equipment GROUP 3: Traffic delineating device applicator: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating devices including traffic control. This category includes all traffic related surface preparation (sandblasting, waterblasting, grinding) as part of the application process. Traffic protective delineating system installer: removes, relocates, installs, permanently affixed roadside and parking delineation barricades, fencing, cable anchor, guard rail, reference signs, monument markers; operation of all related machinery and equipment; power broom sweeper GROUP 4 : Striper: layout and application of traffic stripes and markings; hot thermo plastic; tape traffic stripes and markings, including traffic control; operation of all related machinery and equipment PAIN0036-001 07/01/2011 Rates Fringes Painters: (Including Lead Abatement) (1) Repaint (excludes San Diego County) $ 26.05 10.35 (2) All Other Work $ 29.32 10.35 REPAINT of any previously painted structure. Exceptions: work involving the aerospace industry, breweries, commercial recreational facilities, hotels which operate commercial establishments as part of hotel service, and sports facilities. PAIN0036-008 10/05/2011 Rates Fringes DRYWALL FINISHER/TAPER $ 33.22 13.81 PAIN0036-015 01/01/2011 http://www.wdol.gov/wdol/scafiles/davisbacon/CA37.dvb 3/14/2012 Page 19 of 24 Rates Fringes GLAZIER $ 36. 90 21.78 FOOTNOTE: Additional $1.25 per hour for work in a condor, from the third (3rd) floor and up Additional $1.25 per hour for work on the outside of the building from a swing stage or any suspended contrivance, from the ground up PAIN1247-002 01/01/2010 Rates Fringes SOFT FLOOR LAYER $ 30.85 10.54 PLAS0200-008 08/01/2011 Rates Fringes PLASTERER $ 35.29 12.05 FORT IRWIN; MARINE CORPS AIR STATION 29 PALMS, AND MARINE CORPS LOGISTICS SUPPLY BASE: $3.00 additional per hour. PLAS0500-002 10/01/2011 Rates Fringes CEMENT MASON/CONCRETE FINISHER. . .$ 35.38 14.72 * PLUM0016-002 07/01/2011 Rates Fringes PLUMBER, PIPEFITTER, STEAMFITTER Plumber and Pipefitter All other work except work on new additions and remodeling of bars, restaurant, stores and commercial buildings not to exceed 5,000 sq. ft. of floor space and work on strip malls, light commercial, tenant improvement and remodel work $ 39.50 19.35 Work at Edwards AFB $ 44.00 19.35 Work at Fort Irwin Army Base, Marine Corps Logistic Base at Nebo, Marine Corps Logistic Base at Yermo and Twenty-Nine Palms Marine Base $ 50.00 19.35 Work ONLY on new additions and remodeling of bars, restaurants, stores and commercial buildings, not to exceed 5, 000 sq. ft. of http://www.wdol.gov/wdol/scafiles/davisbacon/CA37.dvb 3/14/2012 Page 20 of 24 floor space $ 38.30 18.37 Work ONLY on strip malls, light commercial, tenant improvement and remodel work $ 30.79 16.70 PLUM0345-001 07/01/2011 Rates Fringes PLUMBER Landscape/Irrigation Fitter.$ 27.35 16.34 Sewer & Storm Drain Work. . . .$ 26.82 18.18 R00F0036-002 08/01/2011 Rates Fringes ROOFER $ 34. 65 10.71 FOOTNOTE: Pitch premium: Work on which employees are exposed to pitch fumes or required to handle pitch, pitch base or pitch impregnated products, or any material containing coal tar pitch, the entire roofing crew shall receive $1.75 per hour "pitch premium" pay. SFCA0669-009 04/01/2011 Does not include the northern part of the City of Chino, or the Cities of Montclair and Ontario Rates Fringes SPRINKLER FITTER $ 33.35 17.75 * SFCA0709-004 01/01/2012 THE NORTHERN PART OF THE CITY OF CHINO, AND THE CITIES OF MONTCLAIR AND ONTARIO: Rates Fringes SPRINKLER FITTER (Fire) $ 40.56 23.62 * SHEE0105-003 01/01/2012 LOS ANGELES (South of a straight line drawn between Gorman and Big Pines)and Catalina Island, INYO, KERN (Northeast part, East of Hwy 395) , MONO ORANGE, RIVERSIDE, AND SAN BERNARDINO COUNTIES Rates Fringes SHEET METAL WORKER (1) Commercial - New Construction and Remodel work $ 36.21 25.20 (2) Industrial work http://www.wdol.gov/wdol/scafiles/davisbacon/CA37.dvb 3/14/2012 Page 21 of 24 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. . .$ 36.21 25.20 TEAM0011-002 07/01/2008 Rates Fringes TRUCK DRIVER GROUP 1 $ 26.44 18.24 GROUP 2 $ 26.59 18.24 GROUP 3 $ 26.72 18.24 GROUP 4 $ 26. 91 18.24 GROUP 5 $ 26. 94 18.24 GROUP 6 $ 26. 97 18.24 GROUP 7 $ 27.22 18.24 GROUP 8 $ 27.47 18.24 GROUP 9 $ 27. 67 18.24 GROUP 10 $ 27. 97 18.24 GROUP 11 $ 28.47 18.24 GROUP 12 $ 28. 90 18.24 WORK ON ALL MILITARY BASES: PREMIUM PAY: $3.00 per hour additional. [29 palms Marine Base, Camp Roberts, China Lake, Edwards AFB, El Centro Naval Facility, Fort Irwin, Marine Corps Logistics Base at Nebo & Yermo, Mountain Warfare Training Center, Bridgeport, Point Arguello, Point Conception, Vandenberg AFB] TRUCK DRIVERS CLASSIFICATIONS GROUP 1: Truck driver GROUP 2: Driver of vehicle or combination of vehicles - 2 axles; Traffic control pilot car excluding moving heavy equipment permit load; Truck mounted broom GROUP 3: Driver of vehicle or combination of vehicles - 3 axles; Boot person; Cement mason distribution truck; Fuel truck driver; Water truck - 2 axle; Dump truck, less than 16 yds. water level; Erosion control driver GROUP 4: Driver of transit mix truck, under 3 yds. ; Dumperete truck, less than 6-1/2 yds. water level GROUP 5: Water truck, 3 or more axles; Truck greaser and tire person ($0.50 additional for tire person) ; Pipeline and utility working truck driver, including winch truck and plastic fusion, limited to pipeline and utility work; Slurry truck driver GROUP 6: Transit mix truck, 3 yds. or more; Dumperete truck, http://www.wdol.gov/wdol/scafiles/davisbacon/CA37.dvb 3/14/2012 Page 22 of 24 6-1/2 yds. water level and over; Vehicle or combination of vehicles - 4 or more axles; Oil spreader truck; Dump truck, 16 yds. to 25 yds. water level GROUP 7: A Frame, Swedish crane or similar; Forklift driver; Ross carrier driver GROUP 8: Dump truck, 25 yds. to 49 yds. water level; Truck repair person; Water pull - single engine; Welder GROUP 9: Truck repair person/welder; Low bed driver, 9 axles or over GROUP 10: Dump truck - 50 yds. or more water level; Water pull - single engine with attachment GROUP 11: Water pull - twin engine; Water pull - twin engine with attachments; Winch truck driver - $1.25 additional when operating winch or similar special attachments GROUP 12: Boom Truck 17K and above WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii) ) . The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is union or non-union. Union Identifiers An identifier enclosed in dotted lines beginning with characters other than "SU" denotes that the union classification and rate have found to be prevailing for that classification. Example: PLUM0198-005 07/01/2011. The first four letters , PLUM, indicate the international union and the four-digit number, 0198, that follows indicates the local union number or district council number where applicable , i.e. , Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2011, following these characters is the effective date of the most current negotiated rate/collective bargaining agreement which would be July 1, 2011 in the above example. http://www.wdol.gov/wdol/scafiles/davisbacon/CA37.dvb 3/14/2012 Page 23 of 24 Union prevailing wage rates will be updated to reflect any changes in the collective bargaining agreements governing the rate. Non-Union Identifiers Classifications listed under an "SU" identifier were derived from survey data by computing average rates and are not union rates; however, the data used in computing these rates may include both union and non-union data. Example: SULA2004-007 5/13/2010. SU indicates the rates are not union rates, LA indicates the State of Louisiana; 2004 is the year of the survey; and 007 is an internal number used in producing the wage determination. A 1993 or later date, 5/13/2010, indicates the classifications and rates under that identifier were issued as a General Wage Determination on that date. Survey wage rates will remain in effect and will not change until a new survey is conducted. WAGE DETERMINATION APPEALS PROCESS 1. ) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2. ) and 3. ) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2. ) If the answer to the question in 1. ) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to: Wage and Hour Administrator U.S. Department of Labor http://www.wdol.gov/wdol/scafiles/davisbacon/CA37.dvb 3/14/2012 Page 24 of 24 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc. ) that the requestor considers relevant to the issue. 3. ) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4. ) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION http://www.wdol.gov/wdol/scafiles/davisbacon/CA37.dvb 3/14/2012 APPENDIX CITY STANDARDS c.ITN/ OF ,A► N BECZNIAMr>IIVO T . 4DACZD EX 1 ST i NIC3 'TO POOWAPH`' SY 11N4LS -4--- ca11TEE Uwe Q 5EWER MANHOLE -C.L. -- CITY L.IMVTS oc'0' SEWER CLEAtaOUT Sly,/ RIGHT OF WAY LINE QD STorsM DRAIN MANHOLE S 5 exicTING SEWER 00¢[T] TELFPWCNE 1,404114oL,E OR VAULT 4'cr --W EXI3TING WATEIZ LINE G [G] (S MAWI4OLS OR VAULT 15"CONE--0 EXISTING STORM DRAIN 0 15761 WATER MANHOLE. 0¢ VAULT 2"M G EXISTING GAS LINE ® : J ELECTRIC MANNOLG OR VAULT 'r — UMMD'GD. TEL.C:oN>DU1T 0 PP*. ELECTRIC 0IZ TELEPHONE POLE $V'i.D.CONFIR - EVIST StzetGA-r$OIJ LINT. ® ELEcr1tC,ELECT - TowEIZ, 'j V E VND'C7D. ELECTRIC COND. E---- bowN GuY S.L.. " STREET LICHTING /5 FIRE. HYDRANT SICi. -- M TRAPPIC SIGNAL CAW" WATER. METER F. II, FAZE PLAIZM I� WATER, VALVE 5T PCC = CULVERT � O A VALVE, -v- v -o- -o- v v 6oARD FENCE ELECTIOLIEZ (UPRIGHT) —x x x—x– OA¢DED W►RE F=ENCE -o ELECTROLIER (oN MAST ARM) O O- 0 0 CMAIIU LINTS PrEI.10E Al T¢AFPIC StONAL —40--0 d Q WOVE1� WIRE FENCE TaAPFIC SIGNAL (ow MMr AEU) P.C.C. 5LOCIS WALL o°1 put.c. sox OR RA$LIZOAD TR.ACI',S ® TRAFFIC StGI4AL CONTROLLER, TEAPFIC St6NAL D$TEcro. 1-tEDGE CO--0 WA 1.45 • WAIT SIGNAL. .-•—••�-It -•"---•'-0DI2ECTION FLOW DIRT PAE101J0 METBR• ‘t,I `I TRAP'FIG 4tGN - '- DIRG.CTION FLOW PAY. ♦ SraEET' NAME. 514M ; rm. —„m-- lm-—mr-_- 1m- TOP OF SLOPE , STOP ;ION i ' — JuL---&-411---411- TOE or SLOPE }X M.tL. CEO46ING SIGN Vt GU Aar, RAILING tr.A. CEOSSINGI SIGNAL P.C.C. SIDEWALK (DASHED) * SPRINKLER. HEAD d ' DELTA ANGLE PONT o 0 P.C.C.CC DRIVE WAY P.C.C.CURS F, GL,Trl:¢. POINT ON TAtJGeNT .; 0 SMRUS `D TREE u.S•MAIL SOX(DECIDUOUS) 3 d u * PALM �`IS EvE.'RCi¢EEN(PINE,ETc) 8 T 9 SECTION CORNER, fr 0 +9 l/4 CO MM ER z >< ?CC ;LA5 L ` BuILDII�c� APPt ovOD STANDARD 1 19 6 FLAN 1 CITY OF SAN DERNARDIIJO -PUBLIC WOIZISS DEPT_ CITY ENCI 4EEZL 50 S.L. LUMENS LAMP UU1IINAIRE HEIGHT 01 I'. ACCEPTABLE POLES TYPE (WATTS) (G.E.) POLE(FT) UIMINAIRE(FT) AMER ON CENTRECON A 5800 70 M-I50 23 26 ICI-23F6 MOO•7 -AP6 3 9500 100 M-150 23 26 ICI-23F6 MBO-7 -AP6 C 16000 150 M-I50 28 30 ICI-28F8 MBO-8.5-AP6 0 22000 200 M-400A 28 30 ICI-28F6 'MBO-8.5-AP6 E 27500 250 M-400A 28 30 ICI-28F6 MBO-8.5-AP6 6' LUMNIAIRE+ 0.E. NI-150/400A CUTOFF,WITH P.E. RECEPTACLE, 240V AC, WITH N.P.9.V. ` LAMP(G.E.- LUCALOX). P.E. CONTROL- FISHER PIERCE MODEL 6690 B ( 105-265 VAC). BALAST SHALL BE REGULATOR TYPE. MAST ARM' SHALL BE COMPATIBLE WITH POLE TENON AND CONFORM TO ASTM A120 FOR GALV. STEEL PIPE OR 6063-T6 FOR ALUM.PIPE. POLE' I. SHALL 6E OCTAGONAL, SYMMETRICALLY TAPPERED, PRECAST/PRESTRESSED CONCRETE, NATURAL GRAY WITH SLACK AND WHITE AGGREGATE, WITH ANTIORAFFITI SURFACE. METAL MAY BE USED UNDER SPECIAL CIRCUMSTANCES. 2.SHALL BE SASE MOUNTED, DIRECT BURIAL NOT ALLOWED. 3. HANOHOLE SHALL FACE CURB. 4. SHALL SE PLUMB, MAX.VARIANCE 0.06"/f f. 5. LOCATION(TO POLE CENTER)— 2' FROM CURB FACE, 5' FROM OCR, 6' FROM FIRE HYDRANT CENTER , 4' FROM DRIVEWAY EDGE AND OTHER OBSTRUCTIONS. 6.PROVIDE 4' CLEAR SIDEWALK WIDTH FROM POLE EDGE. 7. BOLT CIRCLE DIAMETER+ 12 1/2"AMERON, II 1/2"CENTRECON. S.MATERIALS SHALL BE FROM SAME MANUFACTURER ALONG SAME STREET. FUSEHOLDER TRON HEX (240 VOLT CIRCUIT) WITH BAF i W FUSE, BUSSMAN MFG. DIV. OR EQUAL. FUSE SHALL a BE RATED AT FIVE TIMES BALLAST LINE CURRENT. (PER BUSSMAN BULLETIN SFH-I I). i \9I °s' -I r 1 APPLY 3 LAYERS 3M CO. ELEC. TAPE NO. 23 AND III—I , 3 LAYERS OF TAPE NO. B6 OR EQUAL g W (TYPICAL • PL.) r= r 1/2" r 12" NO.B AWG. PIGTAIL— IF SERVICE DIRECT II ' a 4 + ...a,-...• T) I/2" D IN UTILITY CO. NO-LOX REQUIRED FOR . . q f 1-i--7.- 5. DISIMILAR METALS. iii 2' 1 - •' -I. 120/240V CIRCUIT •!./[ FUSEHOLDER DETAIL CAP DETAIL FOUNDATION+I. P.C.C. 560—C-3250 PER SEC. 201 STD. SPECS. FOR P.W. CONST. / 2.ANCHOR BOLTS 1" a 36" a 4" (4) PER ASTM 02219. 30" CITY OF SAN BERNARDINO PUBLIC WORKS DEPT. APPROVED a-As- 84 STANDARD N0. STREET LIGHT STANDARD / A.-• S L- 1 DIR CTOR OF PUBLIC W.- S/ CITY ENGINEER ID IT 1/4" I I 0 16" I BROOKS NO.3 1/2 PULLBOX,OR APPROVED EQUAL COVER TO BE INSCRIBED WITH '1STREET LIGHTING" I I / 69 - 711"5. 69 1 L___ \ / z W N a a co ,'°`° O , — r ;2 P 1°CRUSHED ROCK 48" co 4 CONDUIT DO NOT PLACE IN DRIVEWAY OR ROAQ- m WAY, 3' MIN. FROM FIRE HYDRANT. O. Q SPACE EQUALLY ON RUNS NOT TO LOAD a EXCEED 200'. SIDE F w u. u.a SECT ON PULLBOX DETAIL m r.Cr o o . •. . ••., PADMOUNT MOUNTING SLEEVE •• P.C.C. 560-C-3250, PER SEC. 201 STD. SPECS. FOR P.W. CONST. 2" MIN. CONDUIT TO UTIUTY • SERVICE. : . INSTALL 5/8"x 8' BLACKBURN COPPER CLAD,OR EQUAL, GROUND CLAMP AND I I/2" MIN.CONDUIT ',' NO.8 AWG BARE COPPER SOLID (LOAD LINE) ' ' •• •4. BONDING CONDUCTOR FOR GROUNDING OF PEDESTAL. I 24" 1 SERVICE PEDESTAL DETAIL NOTES: A I.SERVICE PEDESTAL SHALL BE MYERS ELECTRIC PRODUCTS MEUGQ -MIOOC/SS OR EQUAL. 2.CIRCUIT BREAKERS SHALL BE SUITABLE FOR USE ON 120-240 VOLT SERVICE AND SHALL BE APPROVED BY UNDERWRITERS LABORATORY. 3. CABINET SHALL BE BONDED TO CONDUIT WITH COPPER GROUND WIRE EQUIVALENT TO NO. 6 A.W.G. 4. PULLBOX SHALL BE INSTALLED NEXT TO BASE WITH I 1/2" CONDUIT MINIUM. 5.CONDUITS SHALL EXTEND INTO CABINET I" ABOVE FLOOR AND HAVE APPROVED CONDUIT BUSHING. 6.CONTRACTOR SHALL MAKE ARRANGEMENTS WITH UTILITY FOR 120-240 VOLT SERVICE AND SHALL BE RESPONSIBLE FOR ANY CHARGES BY THE UTILITY FOR ANY WORK. . T. PULLBOXES SHALL BE PLACED ON ONCOMING TRAFFIC SIDE OF POLES. TOP TO BE FLUSH WITH ADJACENT GRADE. KNOCK OUT OPENING TO BE SEALED WITH GROUT AFTER CONDUIT INSTALLATION. Q PEDESTAL Ali. /0Lisia/J/O A/5 a OttM 74-$ / NO. REVISION APPROVED DATE CITY OF SAN BERNARDINO PUBLIC WORKS DEPT. APPROVED C-45-- g STANDARD STREET LIGHT SERVICE PEDESTAL .�s, . SL-L- - 2 AND PULLBOX DETAILS DIR TOR OF PUBLIC WORKS/ CITY ENGINEER BROOKS NO. 3 1/2 PULLBOX, OR APPROVED EQUAL, WITH NO LID. FILL WITH SAND AND CAP WITH 6" MINIMUM PCC (CLEAN BROOM FINISH SURFACE). WEATHER PROOF CONNECTIONS INSIDE PULL BOXES WITH SKOTCH-KOTE OR APPROVED EQUAL, CONDUCTORS PER CITY SPECIFICATIONS. 6" MIN. THICK PCC FLUSH WITH SURFACE ti INSULATING • t pa. DUCT SEAL 4 MIL. PLASTIC 0 :.'• SAND FILL r r • .;.'"'.2.101011 *-'10..=0..:•101•;; Y • f�f�f-f�I I�fM/�fr1�.ay 'f-f-frfrfr •ifi#ifif i0r4,140r •;i— �i�:I�1�f,'f:��Ii1�Ii -•:RiRr �-- WRAP WIRE WITH PLASTIC HEAVY WALL HEAT SHRINK WRAP (SHRINK RATIO 3:1) USE TO WRAP AND SEAL WIRE AND CONDUIT ENDS. City of San Bernardino - Public Works Department Scale: Pullbox Security Detail Drawing No. None Concrete All CAD110102.DWG CITY OF SAN BERNARDINO DEPARTMENT OF PUBLIC WORKS/CITY ENGINEER STREET LIGHTING POLICIES AND PROCEDURES DIVISION 1. POLICY A LOCATION OF STREET LIGHTS • 1 Intersections a One minimum b Two, one each on opposite corners, where both Streets having a curb separation of 64' or greater . 2 Between intersections with staggered spacing as follows: a Residential curb separation 44' or less, 300'+ or- 30' . b All others, 200' + or-20'. c Attempt to place near lot lines, but allow clear sight distances for survey ties. d Sharp curves, steep hills and other street conditions as deemed necessary by City Engineer. 3 Alleys, where warranted by extreme situations resulting in severe problems. B. STREET LIGHT TYPE CURB SEPARATION LAND USE TYPE* 0- 36' Residential A 0- 36 Commercial B 37- 66' Residential B 67-80' All C Divided Highway Commercial D Divided Highway Other C *Per Standard Drawing SL-1 C INSTALLATION REQUIRED OF DEVELOPERS 1 Mandatory for subdivisions and developments requiring a building permit in accordance with Sections A & B, except: —1— City of San Bernardino Issued July 18, 1984 Department of Public Works/City Engineer Street Lighting Design Policies and Procedures a Single lot zoned R-1 or R-2, unless required by original subdivision. b Remodels and additions less than 25% of the existing structures, where no street improvements are required. c Energy charges, paid in advance by Developer, for first 48 months of installation required for subdivisions. d Existing Edison Lights shall be replaced with City standard lights if they meet the criteria enumerated in Section C1 . D CITIZENS' REQUESTS FOR STREET LIGHTS, 1 Street Lights can be Installed at the City' s expense only if it meets the criteria enumerated in Section A. E PRIVATE STREETS 1 Street lights shall be located the same as public streets with Type A (minimum) fixture or equivalent. DIVISION 2. STANDARD SPECIFICATIONS F GENERAL 1 Street lighting systems shall conform to these specifications and City Standard Drawings designated SL series . 2 All material shall be new, and shall bear the label of the Underwriter's Laboratories, where applicable. 3 All work shall be done in compliance with the latest edition of Standard Specifications for Public Works Construction, the National Electrical Code, the California State Safety Orders and all other codes, rules and requirements of authorities having jurisdiction. Particular attention is directed to Section 2 and 307 Standard Specifications for Public Works Construction. a On State Highways. All work shall be done in compliance with the latest edition of Standard Specifications, Department of Transportation, State of California. b In case of conflict between any Standard Specifications and these policies and procedures, these policies and procedures shall take precedence over and be used in lieu of such conflicting portions except for work on State Highways. —2-- City of San Bernardino Issued July 18, 1984 Department of Public Works/City Engineer Street Lighting Design Policies and Procedures 4 Street lighting systems shall be installed in conformity with the following specifications: a All street lighting systems shall be metered systems and shall become,upon acceptance, the sole property of the City of San Bernardino. b Installations shall mean the excavation and backfill of trenches, installing conduit and conductors, lighting standards, foundations, luminaries and lamps,service panel, and all other related devices and fittings necessary for a complete and operable street lighting system. c Contractors shall observe all Sections of the Municipal Code, City of San Bernardino, in relation to obstruction of passageways for vehicles and/or pedestrians, the providing of barricades, warning lights, etc., safety at or near the construction site. Attention is directed to Section 6 of the Standard Specifications for Public Works Construction (latest edition). d All street pavement, concrete curb and sidewalk removed or damaged or any conduit, water line, sewer, etc., damaged shall be repaired or replaced in accordance with Title 12, Municipal Code of the City of San Bernardino, and any amendments thereto, particularly with respect to the methods of cutting pavements, backfilling ,temporary resurfacing and street cut permits. B CONDUIT AND CONDUCTORS 1 Conduit a Rigid metal galvanized conduit shall conform to Underwriter's Laboratory, Inc., standards for rigid steel conduit. b Materials shall be recognized by the Underwriter's Laboratories, Inc. as having suitable characteristics when property formed and treated, including rigid polyvinyl chloride (Schedule 40) for underground use, and rigid polyvinyl chloride (Schedule 80)-for use above ground and passing under roadways. PVC conduit shall be grey in color. c Conduit or duct passing under roadways shall be installed prior to paving, otherwise jacking or drilling methods shall be employed, utilizing only galvanized steel conduit. Conduit shall be 2"diameter minimum. d Conduit or duct shall be placed at the following depths below grade: —3— City of San Bernardino Issued July 18, 1984 Department of Public Works/City Engineer Street Lighting Design Policies and Procedures e 18" within parkways and medians, back of curbs, and under concrete sidewalks. 24" deep when crossing streets and/or alleys. f Existing conduit in areas were street improvements are being made, shall be relocated to depths below grade per section d. above. g Conduit shall be 1-1/4" diameter minimum. Determination of conduit size (based on number and size of wires)shall be according to conduit and wire tables of the National Electric Code and the California State Safety Orders. h Galvanized rigid conduit shall be reamed when cut and shall be capped to prevent foreign objects from falling into pipe openings. The conduit shall remain capped until wire is pulled. All conduit in the base of the poles shall lean toward the hand hole and the ends shall not extend more than 3/4"above the bottom of the hand hole nor be terminated more than 2' below'the bottom of the hand hole. Conduit shall be bent without crimping or flattening and shall have a radius of at least 6 times the diameter of the conduit. 2 Conductors, a Shall be copper and installed in conduit. b Shall be minimum No. 10 AWG, except can be No. 12 AWG within poles. c Conductors shall maintain a voltage drop no greater than 5%of the serving voltage for high pressure sodium vapor (new installation) and 7% for mercury vapor (existing installations). Splices shall be made only in pullboxes, pole bases or service panels, and shall be covered with acceptable insulating material equal in value to that of the conductors and painted with P and B paint or an approved equal. C BONDING AND GROUNDING 1 Street lighting systems shall provide for electrical ground continuity. 2 Systems utilizing metallic conduit shall have all conduit,electroliers, and all metallic components of the system bonded to each other. 3 Systems utilizing non metallic conduit shall have a continuous conductor bonding together all street lights, and all metallic components of the system. —4— City of San Bernardino Issued July 18, 1984 Department of Public Works/City Engineer Street Lighting Design Policies and Procedures 4 Bonding conductors shall be solid copper wire with a minimum cross-sectional area equal to No. 8 AWG, or larger. All connections shall utilize UL approved ground clamps and brass nuts and bolts. One bonding conductor in each concrete street light base shall be looped up to a point to 2 inches above the bottom of the hand hole opening. 5 Systems shall be bonded to a ground electrode at the service neutral, and at such additional locations as may be specified by the City Engineer. 6 Bonding at street lighting standards and service pedestals shall be by means of a bonding wire connecting the conduit(or conduit ground wire)to the anchor bolts or ground electrode as the case may be. 7 Grounding of metal conduit, service equipment, and the grounded conductor at service point shall be accomplished as required by the National Electrical Code and serving utility. 8 For bonding purposes in all non-metallic type conduit, a bare or green insulated No. 8 copper wire shall be run continuously. Insulation must be stripped back a minimum of 10 inches at termination. 9 Bonding of metallic conduit in concrete pul 1 boxes shall be by means of galvanized grounding bushings and bonding jumpers. D SERVICE AND FEED POINTS 1 Electrical service shall be provided at locations designated jointly by the City Engineer and the serving utility. Service shall be 120/240 volt, single phase, City owned, and metered. DIVISION 3. INSPECTION AND TESTING A INSPECTION 1 All street lighting systems shall be inspected by the City Engineer or his designated representative at the following specified times: a When service is installed, services must be inspected and cleared through the serving utility. b After conduit is installed, with all ditches open and foundations ready for pouring or backfilling. c At the completion of wiring, final rough inspection, at which time contractor shall have all pull boxes and connection points open for inspection —5— City of San Bernardino Issued July 18, 1984 Department of Public Works/City Engineer Street Lighting Design Policies and Procedures d All street lighting installation and electrical materials are subject to inspection and approval of the City Engineer or his designated representatives during all phases of construction. The contractor shall notify the City Engineer at least 24 hours before any inspection is required, and 24 hours before any scheduled plan to place concrete. The contractor shall be solely responsible for notifying the City Engineer where and when such work is in readiness for inspection. Should such work be covered up without inspection and approval, it shall be uncovered, inspected and approved, or redone at the contractor's expense, as the case may be. B TESTING 1 Prior to the completion of the work,the contractor shall cause the following tests to be made in the presence of the City Engineer or his designated representative on all lighting circuits: 2 Tests for continuity of each circuit. 3 Tests for grounds in each circuit. 4 A megger test at 500 volts DC shall be made on each circuit between the circuit and a ground. The insulation resistance shall be not less than 10 megohms on all circuits. 5 A functional test in which it is demonstrated that each and every part of the system functions as specified or intended. 6 All lighting equipment shall be energized under as near actual service conditions as possible for three successive nights. During the third night of the test, all circuits shall be patrolled at least once by the contractor, and any inoperative equipment replaced or repaired. 7 Any fault in any material or in any part of the installation,which may be revealed by these tests shall be corrected by the contractor in a manner approved by the City Engineer and the same tests shall be related. DIVISION 4. PROCEDURES A DESIGN 1 The initial submittal of improvement plans to the City for plan check shall show the location of all existing street lights within 600' of the proposed project. 2 As a part of the first plan check,the City will designate the location and type of street lights to be installed. —6— City of San Bernardino Issued July 18, 1984 Department of Public Works/City Engineer Street Lighting Design Policies and Procedures 3 The second submittal to the City shall contain the proposed street lights. If acceptable,the City will inform the Design Engineer to submit two(2)additional sets of prints for preliminary signature to be used by the Design Engineer in dealing with the serving utility to determine the service pedestal and feed point locations. 4 The next improvement plan check submittal to the City shall con tai n the complete street lighting system including street lights, pull boxes, conduit(size&type),wiring (number, size& type), service pedestal and feed point locations. Calculations for wire sizing (based upon voltage drop) and conduit sizing shall also be submitted. 5 Upon satisfactory completion, the City Engineer will sign the improvement plans. B CONSTRUCTION 1 The Developer submits copies of the signed improvement plans to the serving utility for final service planning. Any changes required by the utility or approved during construction shall be shown as a revision to the signed improvement plans. 2 Utility notifies Senior Field Engineer of Department of Public Works to send a letter of service request. 3 Senior Field Engineer sends letter of service request to utility (copy to Public Buildings Superintendent) and accepts charges for energy. 4 Developer constructs street lighting system observingthe procedures of DIVISION 3. INSPECTION AND TESTING. 5 Senior Field Engineer notifies Public Buildings Superintendent when construction is complete for review. 6 Senior Field Engineer notifies utility to energize system. DIVISION 5. IMPROVEMENT PLANS A GENERAL NOTES (To be added to improvement plans) 1 All work related to electrical service shall be performed in conformance with Southern California Edison Company requirements or serving utility. 2 Twenty-four(24)hours prior notice shall be given to the Senior Field Engineer for all City inspections. —7— City O. TYPICAL DESIGNATIONS ON PLANS Dei: SO: DESIGNATION EXPLANATION 3a .3 Sta 5+00 Install SL Type Ajar SD SL-1 3 , SL(Street Light) PO per SD SL-2 PO 1-1/4" C - 2110 A 118 C (Conduit i Wire 2' 8 Ste 3+00 Install P8 oer SD SL-2 for future SL across street Sta 2+00 Install SP b PO oer SO SL-2, SP (Service Pedes Sta 1+50 FP FP (Feed Point) --- -----Sidewalk »4 - Curb Face —8— MANUFACTURER INFORMATION 14674 - Specifications - GE Commercial Lighting Products Page 2 of 3 Bulb Diameter(DIA) 2.2500 in(57.1 mm) Light Center Length 5.7500 in(146.0 mm) GRAPHS&CHARTS (LCL) [Graphs_Spectral Power Distribution] .00 PRODUCT INFORMATION Product Code 14674 8 600 Description LU250/ECO/NC goo ANSI Code S50 Standard Package Caseo Standard Package GTIN 10043168146743 Zoo Standard Package 12 n�� Quantity Sales Unit Unit o 200 NO 400 400 eao 4110 400 NO 7'a6 760 No Of Items Per Sales 1 W6v.l.ngth(nm) Unit No Of Items Per 12 Standard Package YOU MIGHT ALSO BE INTERESTED IN... UPC 043168146746 For Longer Life COMPATIBLE GE BALLASTS - GE Ecolux®Lucalox®High Pressure Sodium ED28 Product #of Power Ballast { } Product code:85381 Code Description Bulbs Factor Factor 87121 GES250MLTAA4 1 0.9 1.0 5 For Energy 87214 GES250ML5AA4 1 0.9 1.0 -5 - GE Ecolux®Lucalox®High Pressure ') Sodium ED28 71706 GES250ML5AC4 1 0.9 1.0 Product code:85381 -55 78537 GES250TRIAC4- 1 90.0 1.0 5 For Better Light GE Ecolux®Lucalox®High Pressure A CAUTIONS&WARNINGS Sodium ED28 Product code:85381 a ="f N1t= I, See list of cautions&warnings. For Safety GE Ecolux®Lucalox®High Pressure { 1 Sodium ED28 Product code:85381 PA I., For Super Long Life --- GE Ecolux®Lucalox®High Pressure ( ) Sodium ED28 Product code:85381 For Environmental GE Ecolux®Lucalox®High Pressure ( ') Sodium ED28 Product code:85381 Lc N: *Click on product for more specification details Return To To e . 6 • - • 6 6 • • a/ • I ' •ducts/Dis•atcher?BreadCrumbValues=Ecolux%C2%... 2/27/2012 14674 - Specifications - GE Commercial Lighting Products Page 1 of 3 . ( ' WORLDWIDE PARTNER cm ic'c.. :no . SITE SEARCH HOME -PRODUCTS EDUCATION/RESOURCES LIGHTING APPLICATIONS Where to Buy I FAQs i Contact Us I EliteNet Products>Ecolux®>14674 14674—LU250/ECO/NC ,6 Print this Page GE Ecolux®Lucalox®High Pressure Sodium ED18 •Passes TCLP,which can lower disposal costs. •Non-cycling feature makes locating and replacing end-of I ' -life lamps quick and easy _ GENERAL CHARACTERISTICS Lamp type High Intensity Discharge- I High Pressure Sodium 'd • Bulb ED18 Base Mogul Screw(E39) Bulb _ Base Bulb Finish Clear Rated Life 40000 hrs I ? Bulb Material Hard glass Lamp Enclosure Type Open or enclosed fixtures (LET) View Larger LEED-EB MR Credit 5 picograms Hg per mean lumen hour ADDITIONAL RESOURCES Additional Info TCLP compliant Catalogs Testimonials PHOTOMETRIC CHARACTERISTICS Brochures Initial Lumens 29000 Product Brochure • HID Lamps Mean Lumens 26100 • Ecolux Nominal Initial Lumens 116 Lighting Application Brochure per Watt • Healthcare Lighting Color Temperature 2000 K • Contractor Lighting Sell Sheets Color Rendering Index 30 • EcoluxNCLowMercurvHPSLamps 89146.pdf (CRI) • EcoluxNC-89146.pdf Effective Arc Length 3 in MSDS(Material Safety Data Sheets Disposal Policies&Recycling Information ELECTRICAL CHARACTERISTICS Wattage 250 Bum Position Universal buming position Open Circuit Voltage 198.0 V (RMS lag ballast)(MIN) Warm Up Time to 90% 3.0 min (MIN) Warm Up Time to 90% 4.0 min (MAX) Hot Restart Time to 90% 5 min DIMENSIONS Maximum Overall Length 9.7500 in(247.6 mm) (MOL) Nominal Length 9.7500 in(247.6 mm) • . .• • - .- II" •. . •. • ...A •• g .s A)• •. •- 7BreadCrumbValues=Ecolux%C2%... 2/27/2012 87198 - Specifications - GE Commercial Lighting Products Page 1 of 2 Q99 (00) WORLDWIDE PARTNER CT'r-71= C:, I vrT) SITE SEARCH HOME w PRODUCTS EDUCATION/RESOURCES LIGHTING APPLICATIONS Where to Buy i FAQs I Contact Us(EliteNet Products>87198 87198—GES40048TAA4-5 a Print this Page GE HID Distributor Replacement Kit Magnetic High Pressure Sodium Core and Coil Ballast •Magnetic ballast construction ideal for a wide variety of lighting applications. •Precision-wound aluminum coils,ensuring even heat dissipation and the highest electrical integrity •Distributor replacement kit contains the appropriate core ' &coil with color coded leads,a properly rated capacitor and ignitor(if required)and all other components required 'i r�;,.•' for ballast replacement ••480 Volt ballast GENERAL CHARACTERISTICS DIMENSIONS Category High Intensity Discharge Case dimensions Primary Application 1-400w HPS S51 480V Length(L) 4.8 in(120.65 mm) Ballast Type Magnetic-High Pressure Width 4.2 in(107.95 mm) Sodium Core and Coil Mounting dimensions Type Replacement kit Bracket Length(BL) 7.2 in(184.15 mm) Dimming Type N/A Mount Length(M) 4.4 in(111.12 mm) Starting Method Pulse start Mount Width(X or F) 3.9 in(98.42 mm) Lamp Wiring Series Mount Slots(MS) 0.2 in(4.95 mm) Line Voltage 10% Weight 13.5 lb Regulation(+/-) Exit Type Side Ambient Temperature -40°C(-40°F) Nominal Length 4.2500 in(107.95 mm) (MIN) Ambient Temperature 105°C(221 °F) (MAX) Ballast Factor 1 mo. .�. Circuit Type CWA 1 Insulation Class UL Class H 180 �, (y Enclosure Type Core and Coil "'S1'" Capacitance 55 pF Capacitor Temperature 105°C(221 °F) Rating Distance to Lamp 10 ft View Lamer (MAX) ELECTRICAL CHARACTERISTICS Lamp Operating 60.0 Hz Frequency Supply Current 60 Hz Frequency Voltage(MIN) 240.0 PRODUCT INFORMATION Product Code 87198 • . •O .. 7: 22 2012 87198 - Specifications - GE Commercial Lighting Products Page 2 of 2 Description GES40048TAA4-5 Standard Package Master Standard Package 3 Quantity Sales Unit Distributor Kit No Of Items Per Sales 1 Unit No Of Items Per 3 Standard Package UPC 043168871983 SPECIFICATIONS BY LAMP&LINE VOLTAGE #of Lamp Lamps Specifications by Line Voltage S51 1 480 System Wattage(W) 475 Nominal Current 1.00 A Ballast Factor 1 Ballast Efficiency 0.842 Drop Out Voltage 340 V Power factor(>_)% 90 Min.starting temperature -40-40.0/-40 Fuse rating 5 System specs Safety&Performance WARRANTY INFORMATION cUL Listed GE Lighting warrants to the purchaser that each ballast k)UL Listed will be free from defects in material or workmanship for period as defined in the attached documents from the See list of cautions&warnings date of manufacture when properly installed and under normal conditions of use. NOTES Download full warranty • Kit contains the appropriate core&coil with color coded leads,a properly rated capacitor and ignitor(if ADDITIONAL RESOURCES required)and all other components required for ballast replacement Catalogs Testimonials Brochures Brochures • HID Ballast Application Guide.pdf Disposal Policies&Recvclinci Information Return To Top Photos are representational only.Sizes,shapes and labels of ballast may vary. Home I Products I EliteNet I Education/Resources I Lighting Applications I Where to Buy I FAQs I Contact Us I Site Map Products for Your Home I Press Room I Corporate I Careers I Investor Information I Privacy Policy I Accessibility Statement I Terms of Use Copyright 2012 General Electric Company • enet..e1i htin..com/LithtProducts/Dis.atcher?REQUEST=BALLASTSPECPAGE... 2/27/2012 ROADWAY LIGHTING Si ���/�� Lighting Solutions _�,� - -^ GUIDE FORM SPECIFICATIONS ^���/��^- . ~�. `` . .^. ^_,~.. ._ - . - r/-250A2 POW'/DOOR LUMINAI The complete luminaire designated (identify'shall number (specify M2AR,plus ordering number logic from catalog)or approved equal,to operate one (specify[50,70, 100, 150(55V1, 200 or 250)watt high pressure 41111111111111111 sodium[HPS1,[175 or 250)watt metal halide or(100, 175 or 250)watt mercury)lamp from a nominal (specify \I volt,50 Hz)power source and shall be capable of starting and AA operating the specified lamp within the limits specified by the ''" lamp manufacturer.The luminaire shall contain a completely prewired integral ballast and an optical assembly thot shall provide an IES Distribution Type (specify according to photometric selection table). Labeling shall be in accordance with ANSI standards.Some units may be UL/cUL Certified.Con- tact factory.There shall be an option for UL listing for selected .-sz, units.Standard construction is IP55. „et} „ .241s,AMOVi,*".:A=A-r7,41W40 10.104 4r4 „-tt omv The optical assembly shall contain a precision—formed� die-cast aluminum o,wzpvmrAuG"°S'finish~. both the inside d outs housing.optical door with refractor and hinged and removable non- The ' / shall include faces providi corrosion resistance durability,and ease of powr/module door.Housing and doors shall have an electro- cleaning:coat gray point finish.The internal slipfitte n the to housing x*oo/mpoct-resistant g|ussprismuG~refractor with gasketing shall contain two bolts which do not pass through the housing between the reflector and the refractor.(For lamps of 250 use but tighten from below with powr/module doar in dropped pa- glass non-wicking sition.The one-piece pipe dompin�phouu�gshuUbeco- assembly shall h have pable of adapting to 1 1/4-through 2-inch(42 through 60 mm) felt gasket whichoctsus5Kodyexc|uomgpumco/oecoo- pi p without rearrangement o/dumporbo|$.o»dshnUbe tamination when the luminaire is closed.or specify adjustable=° from horizontal oo�o$nmergos�g.omundt�ee�gemme nd�c�m'w/mu an or bolts,There on optional prewired no-tool photoelec- activated charcoal filter to permit passage of air and therefore oUmw�xbra���ingufU`e|um�oimduhngnormu of�unheat- There��ccon�d receptacle. installed,and —'' - -cooling- ~cycles,filtering out gaseous convuminonmsuch external less steel bail latch on the optical as hydrocarbons.door requiring no tools and operable with lineman's gloves. The optical assembly shall contain an adjustoble E39 m W base socket with superior lomp gripping.The socket shall hove r.,,,,f1x.myirt‘rowity....r.:,;y;". iisx.,Tiva:47.403,4 added insulation,giving it the ability to handle the higher pulse Ailtqky fut.. 4.1:"Migall;21k. ratings of newer HID systems. There shall be o Powr/Module ballast ossembly with all ballast components mounted on the die-cast powr/module door and °REpsRnOPRVoVcTp*GFponaa���SJs �� ows�pon | removable and replaceable � nw0RtD[F|N|T\VE|NF�RMAJ|ON.�[FERTO��ua�TSPEO�}Cx' connect plugs.The»«"""`"''" "" T0NS|NTE�HN|[ALDAJA5[CT0N� and deod-back terminal board, supply leads to the terminal board only.The plug-in ignitor for HPS lamps shall be removable without the use of tools. The luminaire shall contain a standard (specify)type ballast*in full compliance with lamp-ballast specifications available to the fixture manufacturer from dhe|ump manufac- turers at the time of fixture manufacture. The ballast shall reliably star arid operate the lamp in ambient temperatures down to-20°F for mercury and metal halide or -40°F for HPS. The lurninaire and ballast shall be from the same manufacturer. Guide Form Specifications-2011 STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS & FEDERAL CODE OF REGULATIONS APPRENTICESHIP PROGRAM FOR PUBLIC WORKS CONSTRUCTION • EXCERPTS FROM THE CALIFORNIA LABOR CODE RELATING TO APPRENTICES ON PUBLIC WORKS Chapter 1 of Division 2 APPRENTICES ON PUBLIC WORKS 1773.3.An awarding agency whose public works contract falls within the jurisdiction of Section 1777.5 shall,within five days of the award, send a copy of the award to the Division of Apprenticeship Standards. When specifically requested by a local joint apprenticeship committee,the division shall notify the local joint apprenticeship committee regarding all such awards applicable to the joint apprenticeship committee making the request Within five days of a finding of any discrepancy regarding the ratio of apprentices to journeymen,pursuant to the certificated fixed number of apprentices to journeymen,the awarding agency shall notify the Division of Apprenticeship Standards. 1776. (a) Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social security number,work classification, straight time and overtime hours worked each day and week,and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury.stating both of the following:(1)The information contained in the payroll record is true and correct (2)The employer has complied with the requirements of Sections 1771, 1811,and 1815 for any work pe■fo„ued by his or her employees on the public works project. (b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the contractor on the following basis:(1)A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request. (2)A certified copy of all payroll records enumerated in subdivision(a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations. (3)A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request by the public for inspection or for copies thereof.However,a request by the public shall be made through either the body awarding the contract, the Division of Apprenticeship Standards,or the Division of Labor Standards Enforcement.If the requested payroll records have not been provided pursuant to paragraph(2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the contractor, subcontractors, and the entity through which the request was made.The public shall not be given access to the records at the principal office of the contractor. (c)The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division. (d)A contractor or subcontractor shall file a certified copy of the records enumerated in subdivision(a) with the entity that requested the records within 10 days after receipt of a written request. (e)Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body,the Division of Apprenticeship Standards,or the Division of Labor Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual's name,address,and social security number.The name and address of the contractor awarded the contract or the subcontractor performing the contract shall not be marked or obliterated.Any copy of records made available for inspection by,or furnished to,a joint labor- management committee established pursuant to the federal Labor Management Cooperation Act of 1978(Section 175a of Title 29 of the United States Code) shall be marked or obliterated only to prevent disclosure of an individual's name and social security number. A joint labor management committee may maintain an action in a court of competent jurisdiction against an employer who fails to comply with Section 1774. The court may award restitution to an employee for unpaid wages and may award the joint labor management committee reasonable attorney's fee and costs incurred in maintaining the action. An action under this subdivision may not be based on the employer's misclassification of the craft of a worker on its certified payroll records. Nothing in this subdivision limits any other available remedies for a violation of this chapter. (f)The contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision(a),including the street address,city and county, and shall,within five working days,provide a notice of a change of location and address. (g)The contractor or subcontractor shall have 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in subdivision(a).In the event that the contractor or subcontractor fails to comply within the 10-day period.he or she shall,as a penalty to the state or political subdivision on whose behalf the contract is made or awarded,forfeit twenty-five dollars($25)for each calendar day,or portion thereof,for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement,these penalties shall be withheld from progress payments then due.A contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section. (h) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. (i) The director shall adopt rules consistent with the California Public Records Act, (Chapter 3.5(commencing with Section 6250),Division 7,Title 1,Government Code)and the Information Practices Act of 1977,(Title 1.8(commencing with Section 1798),Part 4,Division 3,Civil Code)governing the release of these records,including the establishment of reasonable fees to be charged for reproducing copies of records required by this section. (j)This section shall remain in effect only until January 1,2003,and as of that date is repealed,unless a later enacted statute,that is enacted before January 1,2003,deletes or extends that date. 1776.(a)Each contractor and subcontractor shall keep an accurate payroll record,showing the name,address,social security number,work classification,and straight time and overtime hours worked each day and week,and the actual per diem wages paid to each journeyman,apprentice,worker,or other employee employed by him or her in connection with the public work. (b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the contractor on the following basis:(1)A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request. (2) A certified copy of all payroll records enumerated in subdivision(a)shall be made available for inspection or furnished upon request to a representative of the body awarding the contract, the Division of Labor Standards Enforcement, and the Division enumerated in subdivision Standards sof be Department of Industrial Relations. (3) A certified copy of all payroll request by the public for inspection or for copies thereof.However,a request by the public shall be made through either the body awarding the contract, the Division of Apprenticeship Standards,or the Division of Labor Standards Enforcement.If the requested payroll records have not been provided pursuant to paragraph(2),the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the contractor, subcontractors, and the entity through which the request was made. The public shall not be given access to the records at the principal office of the contractor. (c)The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division. (d)Each contractor shall file a certified copy of the records enumerated in subdivision(a)with the entity that requested the records within 10 days after receipt of a written request. (e)Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body, the Division of Apprenticeship Standards,or the Division of Labor Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual's name,address,and social security number.The name and address of the contractor awarded the contract or performing the contract shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a joint labor-management committee established pursuant to the federal Labor Management Cooperation Act of 1978(Section 175a of Title 29 of the United States Code) shall be marked or obliterated only to prevent disclosure of an individual's social security number. (f)The contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision(a),including the street address,city and county,and shall,within five working days,provide a notice of a change of location and address. (g)The contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects the contractor must comply with this section.In the event that the contractor fails to comply within the 10-day period,he or she shall,as a penalty to the state or political subdivision on whose behalf the contract is made or awarded. forfeit twenty-five dollars ($25) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement,these penalties shall be withheld from progress payments then due. (h) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section.These stipulations shall fix the responsibility for compliance with this section on the prime contractor. (i) The director shall adopt rules consistent with the California Public Records Act,(Chapter 3.5(commencing with Section 6250),Division 7,Title 1,Government Code) and the Information Practices Act of 1977,(Title 1.8(commencing with Section 1798),Part 4,Division 3,Civil Code)governing the release of these records,including the establishment of reasonable fees to be charged for reproducing copies of records required by this section. (j)This section shall become operative January 1,2003. 1777.5.(a)Nothing in this chapter shall prevent the employment of properly registered apprentices upon public works. (b) Every apprentice employed upon public works shall be paid the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered and shall be employed only at the work of the craft or trade to which he or she is registered. apprenticeship standards that (c) Only apprentices, as defined in Section 3077, who are in training under appre P have been approved by the Chief of the Division of Apprenticeship Standards and who are parties to written apprentice agreements under Chapter 4 (commencing with Section 3070) of Division 3 are eligible to be employed at the apprentice wage rate on public works. The employment and training of each apprentice shall be in accordance with either(1) the apprenticeship standards and apprentice agreements under which he or she is training or(2)the rules and regulations of the California Apprenticeship Council. (d) When the contractor to whom the contract is awarded by thstate or political e'suubdi ison, in performing any of the work under the contract,employs workers any PP shall employ apprentices in at least the ratio set forth in this section and may apply to any apprenticeship program in 2 the craft or trade that can provide apprentices to the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. However,the decision of the apprenticeship program to approve or deny a certificate shall be subject to review by the Administrator of Apprenticeship. The apprenticeship program or programs, upon approving the contractor, shall arrange for the dispatch of apprentices to the contractor. A contractor covered by an apprenticeship program's standards shall not be required to submit any additional application in order to include additional public works contracts under that program. "Apprenticeable craft. or trade," as used in this section, means a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the California Apprenticeship Council. As used in this section, "contractor" includes any subcontractor under a contractor who performs any public works not excluded by subdivision(o). (e) Prior to commencing work on a contract for public works, every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work.The information submitted shall include an estimate of journeyman hours to be performed under the contract,the number of apprentices proposed to be employed,and the approximate dates the apprentices would be employed.A copy of this information shall also be submitted to the awarding body if requested by the awarding body. Within 60 days after concluding work on the contract,each contractor and subcontractor shall submit to the awarding body,if requested, and to the apprenticeship program a verified statement of the journeyman and apprentice hours performed on the contract The information under this subdivision shall be public. The apprenticeship programs shall retain this information for 12 months. (f) The apprenticeship program that can supply apprentices to the area of the site of the public work shall ensure equal employment and affirmative action in apprenticeship for women and minorities. (g) The ratio of work performed by apprentices to journeymen employed in a particular craft or trade on the public work may be no higher than the ratio stipulated in the apprenticeship standards under which the apprenticeship program operates where the contractor agrees to be bound by those standards,but,except as otherwise provided in this section, in no case shall the ratio be less than one hour of apprentice work for every five hours of journeyman work. (h)This ratio of apprentice work to journeyman work shall apply during any day or portion of a day when any journeyman is employed at the jobsite and shall be computed on the basis of the hours worked during the day by journeymen so employed.Any work performed by a journeyman in excess of eight hours per day or 40 hours per week shall not be used to calculate the ratio.The contractor shall employ apprentices for the number of hours computed as above before the end of the contract or,in the case of a subcontractor,before the end of the subcontract.However,the contractor shall endeavor,to the greatest extent possible,to employ apprentices during the same time period that the journeymen in the same craft or trade are employed at the jobsite.Where an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Chief of the Division of Apprenticeship Standards, upon application of an apprenticeship program,may order a minimum ratio of not less than one apprentice for each five journeymen in a craft or trade classification. (i) A contractor covered by this section that has agreed to be covered by an apprenticeship program's standards upon the issuance of the approval certificate, or that has been previously approved for an apprenticeship program in the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship standards, but in no event less than the 1-to-5 ratio required by subdivision(g). (j) Upon proper showing by a contractor that he or she employs apprentices in a particular craft or trade in the state on all of his or her contracts on an annual average of not less than one hour of apprentice work for every five hours of labor performed by journeymen,the Chief of the Division of Apprenticeship Standards may grant a certificate exempting the contractor from the 1-to-5 hourly ratio,as set forth in this section for that craft or trade. (k) An apprenticeship program has the discretion to grant to a participating contractor or contractor association a certificate,which shall be subject to the approval of the Administrator of Apprenticeship,exempting the contractor from the 1-to-5 ratio set forth in this section when it finds that any one of the following conditions is met:(1) Unemployment for the previous three-month period in the area exceeds an average of 15 percent. (2)The number of apprentices in training in the area exceeds a ratio of 1 to 5.(3)There is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its journeymen annually through apprenticeship training, either on a statewide basis or on a local basis.(4)Assignment of an apprentice to any work performed under a public works contract would create a condition that would jeopardize his or her life or the life,safety,or property of fellow employees or the public at large,or the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman. (1)When an exemption is granted pursuant to subdivision(k)to an organization that represents contractors in a specific trade from the 1-to-5 ratio on a local or statewide basis, the member contractors will not be required to submit individual applications for approval to local joint apprenticeship committees,if they are already covered by the local apprenticeship standards. (m)(1)A contractor to whom a contract is awarded,who,in performing any of the work under the contract, employs journeymen or apprentices in any apprenticeable craft or trade shall contribute to the California Apprenticeship Council the same amount that the director determines is the prevailing amount of apprenticeship training contributions in the area of the public works site. A contractor may take as a credit for payments to the council any amounts paid by the contractor to an approved apprenticeship program that can supply apprentices to the site of the public works project.The contractor may add the amount of the contributions in computing his or her bid for the contract 3 (2) At the conclusion of each fiscal year, the California Apprenticeship Council shall distribute training contributions received by the council under this subdivision, less the expenses of the Division of Apprenticeship Standards for administering this subdivision, by making grants to approved apprenticeship programs for the purpose of training apprentices. The funds shall be distributed as follows: (A) If there is an approved multiemployer apprenticeship program serving the same craft or trade and geographic area for which the training contributions were made to the council, a grant to that program shall be made. (B) If there are two or more approved multiemployer apprenticeship programs serving the same craft or trade and geographic area for which the training contributions were made to the council,the grant shall be divided among those programs based on the number of apprentices registered in each program.(C)All training contributions not distributed under subparagraphs(A)and(B)shall be used to defray the future expenses of administering this subdivision. (3) All training contributions received pursuant to this subdivision shall be deposited in the Apprenticeship Training Contribution Fund,which fund is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, all money in the Apprenticeship Training Contribution Fund is hereby continuously appropriated for the purpose of carrying out this subdivision and to pay the expenses of the division in administering this subdivision. (n) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section.The stipulations shall fix the responsibility of compliance with this section for all apprenticeable occupations with the prime contractor. (o)This section does not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime contractor when the contracts of general contractors or those specialty contractors involve less than thirty thousand dollars($30,000). (p)All decisions of an apprenticeship program under this section are subject to Section 3081. 1777.6. It shall be unlawful for an employer or a labor union to refuse to accept otherwise qualified employees as registered apprentices on any public works,on the ground of the race,religious creed,color,national origin,ancestry, sex,or age,except as provided in Section 3077,of such employee. 1777.7. (a) (1) A contractor or subcontractor that is determined by the Chief of the Division of Apprenticeship Standards to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding one hundred dollars($100)for each full calendar day of noncompliance.The amount of this penalty may be reduced by the Chief if the amount of the penalty would be disproportionate to the severity of the violation. A contractor or subcontractor that knowingly commits a second or subsequent violation of Section 1777.5 within a three-year period, where the noncompliance results in apprenticeship training not being provided as required by this chapter,shall forfeit as a civil penalty the sum of not more than three hundred dollars($300) for each full calendar day of noncompliance. Notwithstanding Section 1727,upon receipt of a determination that a civil penalty has been imposed by the Chief,the awarding body shall withhold the amount of the civil penalty from contract progress payments then due or to become due. (2) In lieu of the penalty provided for in this subdivision, the Chief may, for a first-time violation and with the concurrence of an apprenticeship program described in subdivision (d), order the contractor or subcontractor to provide apprentice employment equivalent to the work hours that would have been provided for apprentices during the period of noncompliance. (b) In the event a contractor or subcontractor is determined by the Chief to have knowingly committed a serious violation of any provision of Section 1777.5,the Chief may also deny to the contractor or subcontractor,and to its responsible officers, the right to bid on or be awarded or perform work as a subcontractor on any public works contract for a period of up to one year for the first violation and for a period of up to three years for a second or subsequent violation. Each period of debarment shall run from the date the determination of noncompliance by the Chief becomes a final order of the Administrator of Apprenticeship. (c) (1)An affected contractor,subcontractor,or responsible officer may obtain a review of the determination of the Chief imposing the debarment or civil penalty by transmitting a written request to the office of the Administrator within 30 days after service of the determination of debarment or civil penalty.A copy of this report shall also be served on the Chief.If the Administrator does not receive a timely request for review of the determination of debarment or civil penalty made by the Chief,the order shall become the final order of the Administrator.(2)Within 20 days of the timely receipt of a request for review, the Chief shall provide the contractor, subcontractor, or responsible officer the opportunity to review any evidence the Chief may offer at the hearing. The Chief shall also promptly disclose any nonprivileged documents obtained after the 20-day time limit at a time set forth for exchange of evidence by the Administrator.(3)Within 90 days of the timely receipt of a request for review,a hearing shall be commenced before the Administrator or an impartial hearing officer designated by the Administrator and possessing the qualifications of an administrative law judge pursuant to subdivision (b) of Section 11502 of the Government Code. The affected contractor,subcontractor,or responsible officer shall have the burden of providing evidence of compliance with Section 1777.5.(4)Within 45 days of the conclusion of the hearing,the Administrator shall issue a written decision affirming, modifying,or dismissing the determination of debarment or civil penalty.The decision shall contain a statement of the factual and legal basis for the decision and an order.This deciioshall mail be served ved on all and the the awarding that pursuant to Section 1013 of the Code of Civil Procedure by first-class the party has filed with the Administrator. Within 15 days of issuance of the decision, the Administrator may reconsider or modify the decision to correct an error,except that a clerical error may be corrected at any time.(5)An affected contractor, subcontractor, or responsible officer who has timely requested review and obtained a decision under paragraph(4)may obtain review of the decision of the Administrator by filing a petition for a writ of mandate to the appropriate superior court pursuant to Section 1094.5 of the Code of Civil Procedure within 45 days after service of the final decision. If no timely petition for a writ of mandate is filed, the decision shall become the final order of the 4 Administrator.The decision of the Administrator shall be affirmed unless the petitioner shows that the Administrator abused his or her discretion. If the petitioner claims that the findings are not supported by the evidence,abuse of discretion is established if the court determines that the findings are not supported by substantial evidence in light of the entire record.(6)The Chief may certify a copy of the final order of the Administrator and file i�h the clerk lof the e superior court in any county in which the affected contractor or subcontractor has property or business.The clerk,immediately upon the filing,shall enter judgment for the state against the person assessed in the amount shown on the certified order.A judgment entered pursuant to this section shall bear the same rate of interest and shall have the same effect as other judgments and be given the same preference allowed by the law on other judgments rendered for claims for taxes.The clerk shall not charge for the service performed by him or her pursuant to this section.An awarding body that has withheld funds in response to a determination by the Chief imposing a penalty under this section shall, upon receipt of a certified copy of a final order of the Administrator, promptly transmit the withheld funds,up to the amount of the certified order,to the Administrator. (d)If a subcontractor is found to have violated Section 1777.5,the prime contractor of the project is not liable for any penalties under subdivision (a), unless the prime contractor had knowledge of the subcontractor's failure to comply with the provisions of Section 1777.5 or unless the prime contractor fails to comply with any of the following requirements: (1)The contract executed between the contractor and the subcontractor or the performance of work on the public works project shall include a copy of the provisions of Sections 1771, 1775, 1776, 1777.5, 1813,and 1815. (2)The contractor shall continually monitor a subcontractor's use of apprentices required to be employed on the public works project pursuant to subdivision (d) of Section 1777.5, including, but not limited to, periodic review of the certified payroll of the subcontractor. (3)Upon becoming aware of a failure of the subcontractor to employ the required number of apprentices, the contractor shall take corrective action,including, but not limited to, retaining funds due the subcontractor for work performed on the public works project until the failure is corrected.(4)Prior to making the a final payment to the subcontractor for work performed on the public works project, the contractor shall rbt obtain ed declaration signed under penalty of perjury from the subcontractor that the subcontractor has employed the number of apprentices on the public works project. (e)Any funds withheld by the awarding body pursuant to this section shall be deposited in the General Fund if the awarding body is a state entity,or in the equivalent fund of an awarding body if the awarding body is an entity other than the state' in determining whether a violation is (I)The Chief shall consider,in setting the amount of a monetary named for determining this whether a violation all io of the serious, and in determining whether and for how long a party (2) has committed other following circumstances: (1) Whether the violation was intentional. 2 Whether the party violations of Section 1777.5. (3) Whether,upon notice of the violation, the party took steps to voluntarily remedy the violation. (4) Whether, and to what extent, the violation resulted in lost training opportunities for apprentices. (5) Whether,and to what extent,the violation otherwise harmed apprentices or apprenticeship programs. If a party seeks review of a decision by the Chief to impose a monetary penalty or period of debarment,the Administrator shall decide de novo the appropriate penalty,by considering the same factors set forth above. (g) The interpretation of Section 1777.5 and this section shall be in accordance with the regulations of the California Apprenticeship Council.The Administrator may adopt regulations to establish guidelines for the imposition of monetary penalties and periods of debarment and may designate precedential decisions under Section 11425.60 of the Government Code. NOTE: THE ABOVE CALIFORNIA LABOR CODE SECTIONS ARE AVAILABLE FROM THE INTERNET Ca Wvrar.dir.ca.gov/., DAS 10 (Rev. 04-02) 5 STATE OF CALIFORNIA EDMUND G.BROWN,Jr.,Governor DEPARTMENT OF INDUSTRIAL RELATIONS www.dir.ca.gov DIVISION OF APPRENTICESHIP STANDARDS 455 Golden Gate Avenue,10th Floor Oo San Francisco,CA 94102 ADDRESS REPLY TO: Tel: (415)Francisco,C 20 Div.of Apprenticeship Standards ( ) P.O.Box 420603 Fax:(415)703-5477 San Francisco,CA 94142-0603 Important Notice Regarding Chances in CCR 230.1 An addition has been made to section 230.1 regarding employment of apprentices on public works it is effective as of November 16, 2011. To see a copy of the amended regulation please click on the following link: http://www.dir.ca.gov/das/DasRegulations/201011Regs320Text.pdf In general, for covered projects, "except for projects with less than 40 hours of journeyman work", for the purpose of determining whether a contractor has properly requested an apprentice, all requests for dispatch of an apprentice "shall be for not less than 8 hours per day per each apprentice or 20%of the estimated apprentice hours"required to meet ratio whichever is greater. • AMENDMENT TO CALIFORNIA CODE OF REGULATIONS, TITLE 8, CHAPTER 2, PART IV, SECTION 230.1 • §230.1. Employment of Apprentices on Public Works. (a) Contractors,as defined in Section 228 to include general,prime, specialty or subcontractor, • • shall employ registered apprentice(s), as defined by Labor Code Section 3077, during the performance of a public work project in accordance with the.required one hour of work • performed by an apprentice for every five hours of labor performed by a journeyman, unless covered by one of the exemptions enumerated in Labor Code Section 1777.5 or this subchapter. Unless an exemption has been granted,the contractor shall employ apprentices for the number of hours computed above before the end of the contract. Contractors who are not already employing sufficient registered apprentices (as defined by Labor Code Section 30.77)to comply with the one-to-five ratio must request the dispatch of required apprentices from the apprenticeship committees providing training in the applicable craft or trade and whose geographic area of . operation includes the site of the public work by giving the committee written notice of at least 72.hours (excluding Saturdays, Sundays and holidays)before the date on which one or more • . apprentices are required. If the apprenticeship committee from which apprentice dispatch(es) are requested does not dispatch apprentices as requested,the contractor must request apprentice dispatch(es) from another committee providing training in the applicable craft or trade in the geographic area of the site of the public work, and must request apprentice dispatch(es) from each such committee, either consecutively or simultaneously,until the contractor has requested apprentice dispatches from each such committee in the geographic area. All requests for dispatch . of apprentices shall be in writing, sent by first class mail,facsimile or email. Except for projects with less than 40 hours of journeyman work,each request for apprentice dispatch shall be for not 1 . • less than an 8 hour day per each apprentice, or 20% of the estimated apprentice hours to be • worked for an employer in a particular craft or trade on a project,whichever is greater,unless an, • employer can provide written evidence,upon request of the committee dispatching the apprentice or the Division of Apprenticeship Standards,that circumstances-beyond the employer's control prevent this from occurring, If a non-signatory contractor declines to abide . by and comply with the terms of a local committee's standards, the apprenticeship committee shall not be required to dispatch apprentices to such contractor. Conversely, if in response to a written request no apprenticeship committee dispatches, or agrees to dispatch during the period of the public works project any apprentice to a contractor who has agreed to employ and train apprentices in accordance with either the apprenticeship committee's standards or these regulations within 72 hours of such request(excluding Saturdays, Sundays and holidays)the ' . , contractor shall not be considered in violation of this section as a result of failure to employ E ' apprentices for the remainder of the project,provided that the contractor made the request in enough time to meet the above-stated ratio. If an apprenticeship committee dispatches fewer apprentices than the contractor requested,the contractor shall be considered in compliance if the contractor employs those apprentices who are dispatched,provided that,where there is more than one apprenticeship committee able and willing to unconditionally dispatch apprentices,the contractor has requested dispatch from all committees providing training in the applicable craft • or.trade whose geographic area of operation include the site of the public work.Nothing in•this • section.shall affect the right of a Contractor who participates in and employs registered apprentices from programs approved under Labor Code Section 3075 outside the geographic area of the public work from employing said apprentice(s) on the site of the public work in order to meet the ratio requirement of Labor Code Section 1777.5. . • 2 . • (b)Apprentices employed on public works shall be paid the applicable apprentice prevailing per diem wage rate,available from DAS, and derived from the Director's survey'of wages paid on public works in the geographic area of the craft or trade. DAS shall refer complaints alleging any - contractor's failure to pay the proper apprentice prevailing wage rate on a public works project to • the Division of Labor Standards Enforcement for investigation and appropriate action. (c)Apprentices employed on public works can only be assigned to perform work of the craft or . trade to which the apprentice is registered. Work of the craft or trade consists of job duties • normally assigned to journeymen in the apprenticeable occupation. Where an employer employs .apprentices under the rules and regulations of the California Apprenticeship Council, as set forth • in Labor Code Section 1777.5(c)(2), apprentices employed on public works must at all times work with or under the direct supervision of journeyman/men. The on-the-job training shall be in accordance with the apprenticeship standards and apprenticeship agreement under which the apprentice is training,provided that a contractor shall not be subject to any financial or administrative obligations to a trust fund or.employee benefit plan unless the contractor has so • agreed. 0 . (d)The provisions of this regulation shall not apply to contractors on public works projects that were bid prior to July 1, 2009. Such contractors shall comply with the version of this regulation that was in effect prior to July 1,2009. . • • 3 • • Division of Apprenticeship Standards - Important notice Change to Code of Regulations Setion 230.1 Notification of Change in Regulation 230.1 Regarding Employment of Apprentices on Public Works. • Regulation 230.1 has been amended. The change will affect projects bid after June 30,2009. Projects bid on or before June 30,2009 will still be controlled by the prior version of 230.1. • The change requires all contractors (who are not already employing sufficient apprentices) to request dispatch (either consecutively or simultaneously) from all approved apprenticeship programs in the geographical area of the project. • The change also requires that contractors who employ apprentices but are not meeting the required ratio for their craft must request dispatch from any other programs in their craft that exist in the geographical area of the project • The change also requires contractors to give the approved apprenticeship programs written notice of the request for dispatch at least 72 hours in advance. Previously 48 hours advance notice was required. Effective on projects bid July 1, 2009 Reg. 230.1. Employment of Apprentices on Public Works. (a) Contractors, as defined in Section 228 to include general,prime, specialty or subcontractor, shall employ registered apprentice(s), as defined by Labor Code Section 3077, during the performance of a public work project in accordance with the required one hour of work performed by an apprentice for every five hours of labor performed by a journeyman, unless covered by one of the exemptions enumerated in Labor Code Section 1777.5 or this subchapter. Unless an exemption has been granted,the contractor shall employ apprentices for the number of hours computed above before the end of the contract. Contractors who are not already employing sufficient registered apprentices (as defined by Labor Code Section 3077) to comply with the one-to-five ratio must request the dispatch of required apprentices from the apprenticeship committees providing training in the applicable craft or trade and whose geographic area of operation includes the site of the public work by giving the committee written notice of at least 72 hours (excluding Saturdays, Sundays and holidays) before the date on which one or more apprentices are required. If the apprenticeship committee from which apprentice dispatch(es) are requested does not dispatch apprentices as requested, the contractor must request apprentice dispatch(es) from another committee providing training in the applicable craft or trade in the geographic area of the site of the public work, and must request apprentice dispatch(es) from each such committee, either consecutively or simultaneously, until the contractor has requested apprentice dispatches from each such committee in the geographic area. All requests for dispatch of apprentices shall be in writing, sent by first class mail, facsimile or email. If a non-signatory contractor declines to abide by and comply with the terms of a local committee's standards, the apprenticeship committee shall not be required to dispatch apprentices to such contractor. Conversely,if in response to a written request no apprenticeship committee dispatches, or agrees to dispatch during the period of the public works project any apprentice to a contractor who has agreed to employ and train apprentices in accordance with either the apprenticeship committee's standards or these regulations within 72 hours of such request (excluding Saturdays, Sundays and holidays) the contractor shall not be considered in violation of this section as a result of failure to employ apprentices for the remainder of the project, provided that the contractor made the request in enough time to meet the above-stated ratio. If an apprenticeship committee dispatches fewer apprentices than the contractor requested, the contractor shall be considered in compliance if the contractor employs those apprentices who are dispatched,provided that,where there is more than one apprenticeship committee able and willing to unconditionally dispatch apprentices, the contractor has requested dispatch from all committees providing training in the applicable craft or trade whose geographic area of operation include the site of the public work. Nothing in this section shall affect the right of a contractor who participates in and employs registered apprentices from programs approved under Labor Code Section 3075 outside the geographic area of the public work from employing said apprentice(s) on the site of the public work in order to meet the ratio requirement of Labor Code Section 1777.5. (b) Apprentices employed on public works shall be paid the applicable apprentice prevailing per diem wage rate, available from DAS, and derived from the Director's survey of wages paid on public works in the geographic area of the craft or trade. DAS shall refer complaints alleging any contractor's failure to pay the proper apprentice prevailing wage rate on a public works project to the Division of Labor Standards Enforcement for investigation and appropriate action. (c) Apprentices employed on public works can only be assigned to perform work of the craft or trade to which the apprentice is registered. Work of the craft or trade consists of job duties normally assigned to journeymen in the apprenticeable occupation. Where an employer employs apprentices under the rules and regulations of the California Apprenticeship Council, as set forth in Labor Code Section 1777.5(c) (2), apprentices employed on public works must at all times work with or under the direct supervision of journeyman/men. The on-the-job training shall be in accordance with the apprenticeship standards and apprenticeship agreement under which the apprentice is training, provided that a contractor shall not be subject to any financial or administrative obligations to a trust fund or employee benefit plan unless the contractor has so agreed. (d) The provisions of this regulation shall not apply to contractors on public works projects that were bid prior to July 1,2009. Such contractors shall comply with the version of this regulation that was in effect prior to July 1,2009. Note:Authority cited: Section 1777.7,Labor Code. Reference: Section 1777.5,Labor Code. June 2009 STATE OF CALIFORNIA DEPARTMENT OF TOXIC SUBSTANCES CONTROL CALRECYCLE PROGRAM FOR UNIVERSAL WASTE COLLECTION FEDERAL ENVIRONMENTAL PROTECTION AGENCY (EPA) REQUIREMENTS Universal Waste Page 1 of 1 CaIRecycIe Hazardous Waste&Universal Waste(U Waste) Universal Waste Hazardous waste regulations designate a category of hazardous wastes called More information... "universal waste"(u-waste).This category includes many items, including fluorescent lamps, cathode ray tubes, instruments that contain mercury,batteries,and others. Information on where to take hazardous and u-waste... Until recently,some universal wastes could be disposed in the trash under some circumstances, however this is no longer the case—all u-wastes are now banned from Wastes banned from the the trash. Under California's Universal Waste Rule(Adobe PDF,108 KB), households and Information for local "conditionally exempt small quantity generators"were allowed to dispose fluorescent enforcement agencies(LEA)... lamps, batteries(not lead/acid batteries of the type used in autos), mercury thermostats, and electronic devices to the trash through February 8,2006,unless the local trash companies or other agencies prohibited it. Large and small quantity handlers are required to ship their waste to either another handler,a universal waste transfer station,a recycling facility,or a disposal facility. On February 9,2004, regulations took effect in California that classified all discarded fluorescent lamps as hazardous waste.This includes even low mercury lamps marketed as"TCLP passing"or"TTLC passing"No one in California is allowed to discard their fluorescent lamps and batteries as nonhazardous solid waste(as ordinary trash). Televisions and computer monitors also cannot be disposed to the trash.Most televisions and computer monitors are currently considered hazardous waste when they have lived their life and are ready for recycling or disposal, including cathode ray tube(CRT), liquid crystal diode(LCD),and plasma monitors.These items may not be put in the trash. For a more information about the details of most universal wastes, contact the California Department of Toxic Substance Control.Also see the DTSC Web page on universal waste. For information about electronic waste specifically,see the California Integrated Waste Management Board's a-waste Web site, Electronic Product Management,or contact ewasteacalrecvcle.ca.aov. Last updated:May 16,2006 Used Oil&Household Hazardous Waste Program,htto://www.calre+cvcle.ca.gov/HomeHazWaste/ Contact UsedOiIHHWCo2calrecvcle.ca.gov(916)341-6507 Conditions of Use I Privacy Policy ©1995. 2011 California Department of Resources Recycling and Recovery(CalRecycle).All rights reserved. http://www.calrecycle.ca.goy/HomeHazWaste/UWaste/default.htm 9/29/2011 Universal Waste Page 1 of 3 fox c: Substances Control Universal Waste Universal Waste is a universal problem verve Universal wastes are hazardous wastes that are generated by a wide variety of people that contain mercury, lead, cadmium, copper and other substances hazardous to human and environmental health. In general, universal waste may not be discarded in solid waste landfills. Examples of these wastes are batteries, fluorescent tubes, and some electronic devices. The best way to reduce the harmful effects of the wastes on human health and the environment is to reduce consumption. The next best thing is to make sure you DON'T throw them in the trash! NEW!!! Updated Universal Waste Fact Sheet Information on the Mercury Thermostat Collection Act of 2008 Types of Universal Wastes and What makes them Hazardous Batteries--Includes all batteries, AAA, AA, C, D, button cell, 9-volt, and all others, both rechargeable and single use--Cadmium, Copper and (In older batteries) Mercury Cell Phones--Antimony , Arsenic, Beryllium, Cadmium, Copper, Lead, Nickel, Zinc Computers and Computer Monitors--Arsenic, Cadmium, Lead, PCBs Electronic Devices--Lead Fluorescent Lamps—Mercury Information on the Mercury Thermostat Collection Act of 2008, Mercury wastes like thermometers and toys—Mercury Non-empty Aerosol Cans--Propane, Butane, Pesticides Televisions--Arsenic, Cadmium, Lead, PCBs 12/20/2011 Universal Waste Page 2 of 3 Information for Generators, Handlers,and Recyclers Information on proper management of Universal Wastes Certified Appliance Recyclers page Do you need an EPA ID number?, File a Notification or Annual Report for UWEDs and CRTs Where to Take these Wastes? Join Oscar the Grouch's"Not in My Trash Can-paign"by keeping universal wastes out of the trash. ,to ke f Find a Take it Back Partner to properly recycle your fluorescent lights, back batteries, and electronic wastes. CalRecycle's database has a list of business that collect and recycle all types of universal wastes in California eRecvcle.org is specially designed for recycling electronic wastes and answering any additional questions Earth911.orq lists information on all facilities that collect and recycle universal wastes and household hazardous wastes DTSC's UWED&CRT database has a list of all collectors and recyclers in California that handle electronic devices. What about Major Appliances? Major Appliances contain mercury and other ozone depleting chemicals that are dangerous for human and environmental health.These appliances include the following items. washing machine clothes dryer hot water heater dehumidifier conventional oven or microwave oven stove refrigerator or freezer air-conditioner trash compactor - _ . . - . - 'S O-. u 12/20/2011 California Identification(ID)Numbers Page 1 of 4 Calif rt~tics Department of 1bx c Substances Control California identification (ID) Numbers DTSC issues permanent California ID numbers to generators,transporters and disposal facilities not regulated by the U.S. Environmental Protection Agency(U.S. EPA)for the purpose of tracking hazardous waste. California ID numbers are site-specific and owner-specific. The ID number enables regulators to track the waste from its origin to the final disposal("cradle to grave"). An ID number identifies each handler of hazardous waste on a hazardous waste manifest and other purposes. Some activities are exempt from having an ID number. The U.S. EPA issues federal ID numbers. Click on one of the links below to go directly to a specific topic: What is an ID Number? Who Needs an ID Number? Types of ID Numbers Generating 5 or More Tons of Hazardous Waste Search for an ID Number Changing Information on an Existing ID Number 2011 Verification Questionnaire and Manifest Fees Assessment ID Number Verification Questionnaire Forms Laws, Regulations and Policies Contact Information What is an ID Number? An ID number identifies each handler of hazardous waste. See DTSC's EPA Identification Numbers fact sheet for general information and answers to the most common questions about ID Numbers. Who Needs an ID Number? Most generators, transporters and disposal facilities need an ID number to handle, store and/or treat hazardous waste. Some businesses that generate and handle universal waste and businesses that generate less than 100kg per month of photographic waste containing silver are exempt from having an ID number. Types of ID Numbers California Permanent ID Numbers Businesses that generate waste on an ongoing basis must have a permanent ID number. To get a permanent ID number, you need to complete the required application, DISC Form 1358. There is no fee to obtain a permanent ID number. Remember, if 5 or more tons of hazardous waste will be generated in a calendar year on your permanent ID number, generator fees may be due. Go to www.boe.ca.gov/odf/boe400-efa.Ddf -- I l 1 California Identification(ID)Numbers Page 2 of 4 California Temporary ID Numbers Temporary ID numbers (90-day numbers) are issued to people or businesses that do not routinely generate hazardous waste. Call (800) 618-6942 to get a temporary ID number. Our hours are Monday through Friday 8:15 to 4:45, closed during the lunch hour. To get a temporary ID number after hours for a spill, call (800) 852-7550. There is no fee to obtain a temporary ID number. Remember, if 5 or more tons of hazardous waste will be generated in a calendar year on your temporary ID number, generator fees may be due. Go to www.boe.ca.gov/pdf/boe400-efa.pdf Federal (RCRA) ID Numbers Waste regulated by the federal government under the Resource Conservation and Recovery Act is known as "RCRA waste." If a business generates more than 1 kilogram of RCRA acutely hazardous waste per month or more than 100 kilograms of other RCRA waste per month, they must have a federal ID number that is issued by U.S. EPA., Remember, if 5 or more tons of hazardous waste will be generated in a calendar year on your federal ID number, generator fees may be due. Go to www.boe.ca.gov/pdf/boe400-efa.pdf Generating 5 or More Tons of Hazardous Waste If you generate 5 or more tons of hazardous waste in a calendar year regardless of the final disposition of the waste on an type of ID number, California permanent or temporary; or federal permanent or temporary, you must contact the Board of Equalization to obtain a generator fee account number. Please contact the Board of Equalization if you have any questions regarding the requirements of registering, at http://www.boe.ca.gov/pdf/boe400-efa.pdf or at (916) 323- 9555 Search for an ID Number In DTSC's Hazardous Waste Tracking System (HWTS) you can look up facility and manifest information by searching by ID number, address or business name. Go to www.hwts.dtsc.ca.gov and click on Reports. Changing Information on an Existing ID Number If you move your business, have a change in ownership or simply change your mailing address, you should notify DTSC of these changes immediately by completing DTSC Form 1358. 2011 Verification Questionnaire and Manifest Fees Assessment DTSC will mail the 2011 Final Notice Verification Questionnaires (VQ) and Manifest Fees Assessments early November 2011. Dedicated telephone lines and staff will be available after the mailing to answer calls regarding the Verification Questionnaire and Fees Assessment. The phone number is (877) 454-4012 (toll-free when calling from within California) and (916) 255-4439 (local or outside California). . . . - . . •. .. . .• - •. . .. I- 11 12/20/2011 California Identification(ID)Numbers Page 3 of 4 Please note that the telephone lines will be extremely busy for several weeks after the mailing. In order to assist you in completing these forms, DTSC has compiled answers to common questions about the forms. The Frequently Asked Questions about the Verification Questionnaire and Manifest Fees Assessment are located at http://www.dtsc.ca.gov/IDManifest/VQ FAQ.cfm ID Number Verification Questionnaire DTSC sends out a verification questionnaire to businesses holding permanent federal or California ID numbers. Businesses are required to respond with any updates to their business information. Failure to respond to the verification questionnaire will lead to inactivation of the ID number. An ID Number Verification Fee and Manifest Fee assessment is included with the verification questionnaire. Fees are assessed for holders of ID Numbers. Questionnaires are mailed annually. Additional fee information is available in the Hazardous Waste Fee Summary. EPA ID Number Verification Questionnaire & EPA ID Number and Manifest Fee Assessment FA s Hazardous Waste Fee Summary Forms DTSC Form 1358 is used for updating information on a California ID number, applying for a new California ID number, inactivating a California ID number or reactivating a California ID number. U.S. EPA Form 8700-12 is used for updating information on a federal ID number and applying for a new federal ID number. The form includes extensive instructions. Please review before printing the entire form. Laws, Regulations and Policies View the California Health and Safety Code (HSC), Division 20, Chapter 6.5, and the California Code of Regulations (CCR), Title 22, Division 4.5, Environmental Health. Sections Relating to ID Numbers: (1) Title 22, CCR 66262.12 (2) Consolidated Transporter Customers: HSC 25160.2 (3) U.S. EPA Regulations in 40 CFR Sections 261.5 and 262.12 (4) ID Verification Requirement and Fees: HSC 25205.16 (5) Manifest Fee: HSC 25205.15 Contact Information California DTSC - Generator Information Services Section Dial (916) 255-1136 if you are calling from outside California. Dial (800) 618-6942 if you are calling from within California. Dial (800) 852-7550 for ID number issuance after hours for emergency or spill. I ■•■•■ • • • •I II. I• t/id numbers.cfm 12/20/2011 California Identification(ID)Numbers Page 4 of 4 U.S. EPA (Federal) Region 9 - San Francisco Dial (415) 495-8895 for a federal ID number. Dial (415) 947-4400 for ID number issuance after hours for emergency or spill. Conditions of Use I Privacy Policy Copyright©2007 State of California EPA ID Numbers I Pacific Southwest: Waste I US EPA Page 1 of 1 http:/Mrww.epa.gov/region9/waste/epanums.html -*1,.. } +s.�r Pacific Southwest,Region 9 Serving:Arizona,California,Hawaii,Nevada,Pacific Islands,Tribal Nations EPA ID Numbers On this page: How to Obtain An EPA(Federal)RCRA ID Number • How to Obtain An EPA(Federal)RCRA ID Number • Do You Also Need a California State ID Number? Federal RCRA ID Numbers(EPA IDs)are issued directly by Region 9 states. For The Resource Conservation and Recovery Act(RCRA)requires individuals who generate or transport hazardous waste,or who assistance in determining if you handle a operate a facility for recycling,treating,storing,or disposing(TSD)of hazardous waste,to notify EPA or their authorized State federally regulated hazardous waste,help waste management agency of their regulated waste activities and obtain a US EPA Identification(ID)Number(also known as a in obtaining an EPA ID,or to update RCRA ID Number).Handlers of some Universal Waste,Used Oil,and Boilers/Industrial Furnace may require a US EPA ID Number, information for an eid sting ID,please contact the appropriate agency listed too.If you are regulated and do not comply with the RCRA notification requirements,you may be subject to civil and criminal below for the state in which your facility is penalties. located. For locations in Arizona,contact: The Notification of Regulated Waste Activity(EPA Form 8700-12)and Arizona Department of Environmental associated instructions are designed to help you determine if you are RCRA's Cradle-to-Grave Quality(ADEQ) subject to the requirements under the Resource Conservation and Hazardous waste Management System Hazardous Waste Section Recovery Act(RCRA)for notifying EPA or an authorized state of your 1110 Washington St,4415A-1 regulated waste activities. Phoenix,AZ 85007 (602)771-4232 A US EPA ID Number is site-specific(except when issued to a For locations in Calffom►a,American transporter)and permanent(unless issued as a Provisional number,as Hazardous Hazardous Hazardous Samoa,Guam,Commonwealth of discussed below).It does not move with the current owner/operator Waste Waste waste Northern Marianas Islands(CNMI),or should they relocate unless the owner/operator is a transporter.It is used Generation Transportation Disposal on Tribal Lands,contact: by EPA to track hazardous wastes from the point of generation to the U.S.EPA Region 9 final disposal site,also known as the"cradle-to-grave"cycle.Once a US RCRA Notifications(handled by EPA ID number is assigned to a specific physical location,it belongs solely to that location and will belong to any owners/operators contractor,Tetra Tech) at that location. One RCRA EPA ID for One RCRA Subtitle C Site".When a business,located at a site where a US EPA ID number 75 Hawthorne Street,WST-6 exists,moves to another location(even within the same State or town)the ID number must be inactivated at the former location and San Francisco,CA 94105 (415)495-8895 a new ID number requested at the new location.A new form is required when relocating or requesting a new US EPA ID number.If at the new location,a RCRA hazardous waste ID number had previously been issued to the former owner/operator,the number for Q0 You Also Need a California State ID that physical location will then be assigned to the new requester.If a number had never been issued for that physical location,a new number will be issued to the new requester. For locations In Hawaii,contact: Hawaii Department of Health Some US EPA ID numbers are not permanent;they are Provisional numbers and temporary in nature.They are issued for Solid and Hazardous Waste Brandt 919 Ala Moans Boulevard,Room 212 emergency or temporary one time dean-ups.Provisional EPA ID numbers are valid for 90 days,then inactivated in the National Honolulu,HI 96814 system. (808)586-4226 For locations In Nevada,contact: To determine if your location already has been assigned a US EPA Hazardous Waste ID number,look in EPA's Envirofacts Nevada Division of Environmental Warehouse database by the physical location first(be sure to put in the State you want to search within). Protection(NDEP) Bureau of Waste Manacement Do You Also Need a California State ID Number? 901 S.Stewart Street,Suite 4001 Carson City,NV 89701 California's Department of Toxic Substances Control issues permanent California ID numbers to generators,transporters and (775)687-9464 disposal facilities not regulated by the U.S.EPA for the purpose of tracking hazardous waste.These ID Numbers are issued under For emergency spills,only when state California State authority. offices are closed,please call the following number for all Region 9 For complete information,please visit DTSC's Manaaina Waste Web site. EXIT oisciymer states. The Duty Officer will route your call appropriately depending on your CA Department of Toxic Substances Control location. (800)618-6942(In California) (800)300-2193 (916)255-1136(Out of State) Reaion 9 Emernencv Response Region 9 Newsroom Grants&Funding Media Center About Region 9 Region 9 Programs US-Mexico Border Careers A-Z Index Last updated on Thursday,December 15,2011 • 1 Fact Sheet, November 2007 EPA Identification Numbers for Generators Regulatory Assistance Officer's Notes: The Department of Toxic Substances Control(DTSC)Regulatory Assistance Office prepared this fact sheet to provide general information about EPA Identification Numbers. Throughout the online version of this fact sheet,numbers in blue (66262.12)represent citations from the California Code of Regulations or the Cali- fornia Health and Safety Code. Clicking on the blue numbers will take you to sites containing the regulations. If you generate hazardous waste, you should consult with your Certified Unified Program Agency(CUPA). Finally,DTSC strongly en- courages all businesses that generate hazardous waste to consider waste minimiza- tion, source reduction, and pollution prevention. What is an EPA ID Number? This number, issued either by the U. S.Environmental Protection Agency(U.S. EPA ID Number), or by DTSC (California ID Number), identifies each handler of ha- zardous waste on hazardous waste manifests and other paperwork. The ID Number enables regulators to track the waste from its origin to final disposal("cradle to grave.") With the exceptions discussed later in this guidance,most hazardous waste generators must have an ID Number before a registered hazardous waste transporter will accept the waste for shipment. All hazardous waste transporters and permitted treatment, storage and disposal facilities must have ID numbers. Are State and Federal laws the same? The federal hazardous waste law(the Resource Conservation and Recovery Act, or "RCRA") allows states to enact their own hazardous waste laws,which must be at least as stringent as the federal laws.The requirements under California law are more stringent than the federal criteria. Wastes that pass the federal hazardous waste criteria but fail the California criteria are called"non-RCRA"or"California-only" hazardous wastes. Wastes containing corrosive solids, asbestos,nickel or zinc are examples of common California-only hazardous wastes. Other states may not con- sider California-only wastes hazardous. Federal law also exempts generators of small quantities of waste from many federal waste management requirements. n_ How many ID Numbers do I need? 2. Businesses whose ONLY hazardous waste generation is 100 kilograms or less per month of ID Numbers are site-specific and there is normal- waste that is hazardous solely because of its sil- ly only one number at a business address. If you ver content("silver-only waste")do not need an have a business that generates waste at multiple ID Number. This is true even if they treat the addresses that are not physically connected (con- waste in silver-recovery units and then send the tiguous), each address needs a separate ID Num- silver for reclamation. See Health and Safety ber. In the case where generators are Code section 25143.13. Also see the DTSC Fact Sheet, "Onsite Tiered Permitting: Changes in independent businesses that operate in suites Regulation of Silver Wastes." within the same building, each business must have their own ID Number. If you are not clear as to whether you operate on one site or multiple 3. Businesses that generate and manage less than sites, contact your local environmental agency or 11,000 lbs(about 5 tons)of universal waste on- the DTSC information resources listed at the end site at any one time may need to get a Federal of this fact sheet. EPA number.For information about obtaining a Federal EPA number, call(415)495-8895. For information about Universal Waste, see DTSC's Do I need a U.S. EPA ID Number, or a "Managing Universal Waste in California". California ID Number? In If you generate more than 1 kilogram of RCRA summary, except for the above-mentioned ex- acutely hazardous waste per month or more than emptions, if you generate only non-RCRA ha- 100 kilograms of other RCRA waste per month, zardous wastes, or you generate less than 100 you must get a U.S. EPA ID Number. If you kilograms of RCRA hazardous waste per month generate 100 kilograms or less of RCRA waste (or less than 1 kilogram of RCRA acutely ha- or one kilogram or less per month of acutely ha- zardous waste), you must get a California ID zardous waste, and meet certain other require- Number. If you generate more than 100 kilo- ments,you are exempted by U.S.EPA from grams of RCRA waste per month or more than 1 many of its regulations, including the require- kilogram of RCRA acutely hazardous waste per ment to have an EPA ID Number. These busi- month,then you must get a U.S. EPA ID Num- nesses are called"conditionally exempt small- ber. F quantity generators", or CESQGs. The regulato- ry citation is 40 CFR section 261.5 I used to be exempt from ID Number requirements. What happened? However, California regulations do not have an equivalent small quantity generator exemption. The passage of Senate Bill 271 (effective January Almost all business generators of hazardous 1,2002)removed the exemption that once al- waste in California that are not required to have a lowed small generators of used oil and solvents to U.S. EPA ID Number must, in practice,have a offer waste for transport without an EPA ID California ID Number. See California Code of Number(former milkrun or modified manifest Regulations title 22, section 66262.12. Howev- procedures.) er: The Consolidated Manifesting procedure that re- l. Generators handling only hazardous waste placed the milkrun manifesting procedure re- produced incidental to owning and maintaining quires that generators using consolidated their own place of residence do not need an ID transporters provide them with an ID Number. Number, either federal or state. ment,removing underground tanks, and remov- ing hazardous wastes that were abandoned in a How do I get an EPA ID Number? leased building. A California temporary number is only valid for non-RCRA(California only) Handlers of RCRA waste who need an U.S.EPA waste or when the total RCRA waste hauled is ID Number must send a"Notification of Regu- less than 220 pounds or 27 gallons per month. lated Waste Activity", form 8700-12,to the U.S. To get a California temporary ID Number, call EPA contractor at the address given in its in- DTSC at(800) 618-6942 (in-state) or(916)255- structions. You can request this form by calling 1136 (out-of-state.) U.S. EPA also issues provi- (415) 495-8895, or you can download the form sional ID Numbers for non-routinely generated from the U.S.EPA web site. federal wastes. Temporary and provisional ID Numbers are valid for a maximum of 90 days but can be used to haul any amount of hazardous Handlers who do not need a U.S. EPA ID but do waste that has been generated at the site before need a California ID Number can obtain it by and during that period. Holders of temporary completing and submitting the"California Ha- Numbers are not charged EPA ID verification zardous Waste Permanent ID Number Applica- fees. tion", DTSC Form 1358, by mail, email, or fax. You can download the form from the DTSC I website or you can request a blank form by call- Do I need to get a new ID Number if ing DTSC at 800-618-6942. DTSC no longer is- move my business? sues permanent ID Numbers by telephone. Yes. If you have a California ID Number, submit Am I charged fees for the issuance of the one DTSC Form 1358 to deactivate your old ID Number? number, and another to request that a number be issued for your new location. This is also true if you are selling or buying a business; the seller There is no charge for issuing the number, but must inactivate the old number and have the new DTSC is required to collect an annual business owner submit a DTSC Form 1358 to have a new information verification fee for each permanent number issued. If you have a U.S. EPA ID ID Number. The fee is based on the number of Number, these actions are done through the use employees in the entire organization. If your of Form 8700-12, "Notification of Regulated business has fewer than 50 employees,the fee is Waste Activity". zero. There is no verification fee for a Tempo- rary ID Number. Frequently Asked Questions about the ID Number verification process and manifest fees are available on the DTSC website. I've always wondered: do the letters in front of the ID Numbers mean anything? I usually don't generate hazardous waste, Early federally—issued ID Numbers had two let- but I recently generated some. Can I get ters corresponding to the generator's state and a temporary EPA ID Number for this one ten digits. Current ID Numbers consist of three time event? letters followed by nine digits. The significance of those letters is as follows: DTSC issues temporary(or"provisional") ID Numbers to people or businesses that do not rou- tinely generate hazardous waste. Examples of non-routine activities include asbestos abate- EPA ID Numbers California ID Numbers CAL State permanent number. CAR Federal permanent number currently be-e issued. CAC State provisional or emergency number. ing CAH State provisional or permanent number CA Federal permanent number that preceded issued for Household Hazardous Waste the CAR prefix. ID numbers with a CA Collections. prefix are still valid,but have not been is- CAI State permanent number issued for Exot- sued since February 1995. is Pest Detection. CAD Federal permanent number that preceded CAE State provisional number issued for re- CAD CA prefix, or a State permanent or moval of hazardous waste caused by a provisional number issued before 1988. natural disaster. ID numbers with a CAD prefix have not CAF State permanent number issued for farm been issued since August 1993. used oil. CAS State permanent number issued for CAT Federal permanent number that preceded Emergency Response. the CAD prefix. CLU Clandestine Drug Lab cleanup. CAP Federal provisional or emergency number CAX State permanent or provisional number currently issued. issued before 1987. A CAX number is no longer a valid ID number. CA99 State permanent number issued to cruise ships. DTSC Regulatory Assistance Officers provide informal guidance regarding management of ha- zardous waste for the convenience of the public. Such advice is not binding upon DTSC, nor does it have the force of law. If you would like a for- mal opinion on a matter by DTSC, please contact the responsible program office directly. You should also refer to the statutes and regula- tions, DTSC Policies and Procedures, and other formal documents. If you cannot find the answer to your question in this fact sheet, contact your local DTSC Regula- tory Assistance Officer directly. You can reach them toll-free at 800-728-6942, or contact them through email at RAO @dtsc.ca.gov. CONTRACT AGREEMENT AGREEMENT CITY OF SAN BERNARDINO THIS AGREEMENT is made and concluded this 1 k day of 4c, , 20a, between the City of San Bernardino (owner and hereinafter "CITY"), and L,,3 sta. r yv.-k ( hereinafter "CONTRACTOR"). 1. For and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the CITY, and under the conditions expressed in the bond as deposited with the CITY, receipt of which is hereby acknowledged, the CONTRACTOR agrees with the CITY, at the CONTRACTOR's own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said project in accordance with the conditions and prices stated in the Bid Documents, the Special Provisions and Conditions and Provisions for Community Development Block Grant federally-funded projects, in good workmanlike and substantial manner the REPAIR, REPLACEMENT AND UPGRADE OF THE STREET LIGHTING SYSTEM AT VARIOUS LOCATIONS IN THE CITY OF SAN BERNARDINO (INCLUDES COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS) in strict conformity with Plans and Special Provisions No. 12853 , and also in accordance with Standard Specifications for Public Works/Construction, latest edition in effect on the first day of the advertised "Notice Inviting Sealed Bids" for this project, on file in the Office of the City Engineer, Public Works Department, City of San Bernardino, which said Plans and Special Provisions and Standard Specifications are hereby especially referred to and by such reference made a part hereof. 2. Contractor agrees to receive and accept the prices as set forth in the bid schedule as full compensation for furnishing all materials and doing all the work contemplated and embraced in this agreement; also for all loss or damage arising out of the nature of the work aforesaid or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work, and for well and faithfully completing the work and the whole thereof, in the manner and according to the Plans and Special Provisions, and requirements of the Engineer under them. 3. The Contractor herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this contract, nor shall the Contractor or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection of subcontractors, vendees, or employees in the performance of this contract. AGREEMENT: REPAIR, REPLACEMENT AND UPGRADE OF THE STREET LIGHTING SYSTEM AT VARIOUS LOCATIONS IN THE CITY OF SAN BERNARDINO 4. City hereby promises and agrees with the said Contractor to employ, and does hereby employ the said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions above set forth; and the same parties for themselves, their heirs, executors, administrators, and assigns, do hereby agree to the full performance of the covenants herein contained. 5. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of said terms of said bid conflicting herewith. IN WITNESS WHEREOF,the parties of these present have hereunto set their hands the year and date first above written. CONTRACTOR CITY OF SAN BERNARDINO, NAME OF FIRM: ilk. A . rAC , BY CA A I1L P .M i NE 3 Y, City Manager City of S. Bernardino p BY: W TITLE: _ ATTEST: MAILING ADDRESS: , 1055 1 11 -61 v( , e 1ORGE. HANNA City Clerk PHONE NO.C.in L35(a APPROVED AS TO FORM: JAMES F.PENMAN, City Attorney NOTE: Secretary of the Owner should attest. If Contractor is a corporation, Secretary should attest. • a r six r +ir a • a.vr WIN ' EXECUTED IN TRIPLICATE INSCO INSURANCE SERVICES, INC. ISC%KO Underwriting Manager for: Developers Surety and Indemnity Company GROUG°� indemnity Company of California 17780 Frtch,Suite 200•Irvine,California 92614•(949)263-3300 PERFORMANCE BOND-PUBLIC WORK Bond No.752703P $ 5,985.00 premium is for contract term and is subject to adjustment based on final Contract Price. KNOW ALL MEN BY THESE PRESENTS:That we, New West Signal,Inc. As Principal,and Developers Surety and Indemnity Company ,a corporation duly authorized under the laws of the State of Iowa to become surety on bonds and undertakings,as Surety,are held and firmly bound unto City of San Bernardino Department of Public Works Engineering Division As Obligee in the full and just sum of One Hundred Ninety Nine Thousand Five Hundred Thirteen and 00/100 Dollars, ($199,513.00 ),lawful money of the United States of America,to be paid to the said Obligee, successors or assigns; for which payment, well and truly to be made,we bind ourselves, our heirs, executors, successors,administrators and assigns,jointly and severally,firmly by these presents. The Condition of the foregoing obligation is such that: whereas the above bounden Principal has entered into a contract, dated , ,with the Obligee to do and perform the following work,to-wit: YEAR Repair,Replacement and Upgrade of the Street Lighting system at Various Locations in the City of San Bernardino(Includes Community Development Block Grant Funds)Plans and Special Provisions No.12853 as is more specifically set forth in said contract,to which contract reference is hereby made; Now therefore, if the said Principal shall well and truly perform the work contracted to be performed under said contract in accordance with the plans and specifications,then the above obligation to be void, otherwise to remain in full force and virtue. No right of action shall accrue under this bond to or for the use of any person other than the Obligee named herein. Sealed with our seals and dated this 13th day of April 2012 YEAR New West Signal,I• Developers Surety and Indemnity Company If Principal By /U}Uil,CO, DlUu",Ik Laurie B.Druck, Attorney-in-Fact ID-1219(CA)(R . • CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California 0. > ss. County of San Bernardino On April 13, 2012 before me, Pamela McCarthy, Notary Public Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared Laurie B. Druck Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the t. within instrument and acknowledged to me that she ,, executed the same in her authorized capacity, co �,� .IVIEI A IUCCARTHY �,�". .,,, COMM. #1885009 i and that by her signature on the instrument the h ¢ `,, r.,' NOTARY PUBLIC-CALIFORNIA 33 person, or the entity upon behalf of which the person L, SAN BERNARDINO COUNTY acted, executed the instrument. �J -zn N!y Comm.Expires April 30,2014 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. CI WITNESS my hand and official seal. (/ a 2P -/4V'el- d Signature of Notary Public OPTIONAL P Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent Premoval and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) • Signer's Name: • O Individual O Corporate Officer RT THUMBPRINT Title OF SIGNER O Partner -- O Limited O General Top of thumb here O Attorney-in-Fact O Trustee O Guardian or Conservator Other: • Signer is Representing: rurowwr��O POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725,IRVINE,CA 92623 (949)263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each hereby make,constitute and appoint: ***Cynthia J.Young,Jay P. Freeman, Laurie B. Druck, Pamela McCarthy,jointly or severally*** as their true and lawful Attomey(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of surety- ship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attorney(s)-in-Fact,pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008. RESOLVED,that a combination of any two of the Chairman of the Board,the President,Executive Vice-President,Senior Vice-President or any Vice President of the corporations be,and that each of them hereby is,authorized to execute this Power of Attorney,qualifying the atomey(s)named in the Power of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of either of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this October 4th,2011. Daniel Young,Senior Vice-President ; tt>Qt>q dJ + ..rr h GOP H" =hw t OCT. OCT.5 n By' =a�' 1936 iQ' W 1967 Steve A.Tvedt,Vice-President ';y'.. O� p `Q ..,yp..,1 9 3 6 ••fir.S' "/C/FOP\ A State of California County of Orange "`""" On October 4,2011 before me, Antonio Alvarado,Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel Young and Steve A.Tvedt Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized ANTONIO Al VAPu4Dp capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. gv C:OMM.•168064*3 *� /� I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is *F ORANGE C ` true and correct. . t omm.eery Aug,9,201 WITNESS my hand and official seal. 105 ) Place Notary Seal Above Signature Antonio Alvarado,Notary Public CERTIFICATE The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA,does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and,furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate.4/14X, n r� This Certificate is executed in the City of Irvine,California,this\3-4\day of By: I* )7e Z:‘,"""1 regg Okur/, istant Secretary ID-1380(Rev.10/11) ACKNOWLEDGMENT STATE OF CALIFOR ) COUNTY OF flan r lei rd I no ) On L ,. 11 , M 2. , before me, Vienal I4 I C kro n NIo , Dab And Tat Of Ober(e.g.-Jane Doe, Pub re) personally appeared \ , n k*5 , s)dS (s) who proved to me on the basis of satisfactory evidence to be the person ) whose namei49/are s bscribed tot e wi I in ins ment a a now e• e• o m- i a ra i , -xecuted the same in rhi h sir authorized capacity . ^ i p ity ' , and that by�h�#�eif-signature on the instrument the person(sj;or the entity upon behalf of which the erson s d exe6uted the instrument. tY P P �,,).acte , I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. . WENDY HICKMAN 0r.,_ Commission 9 1891311 •4- • Notary►Public California = WITNESS my hand and official seal. \I"-n/ San Bernardino- County 1 M Comm.Ex Tres Jun 25,2014 Pace Notary Seal Above �`�` • ignatu -.f N / Public i9 o�ry OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 0 Individual l Corporate Officer "P+re i4t,t V tYnancc borvA Title(s) Title or Type of Document 0 Partner(s) 0 Limited 0 General 1 O Attorney-In-Fact Number Of Pages O Trustee(s) II Guardian/Conservator O Other: 24 - l j , i z Date Of Document Signer is representing: Name Of Person(s)Or Entity(ies) 0-6.0 0 1- CA J r\r , Inc. Signer(s)Other Than Named Above C v RVPUBIMSTRACKE1743412.2 EXECUTED IN TRIPLICATE VIX1g INSCO INSURANCE SERVICES, INC. M".0 Underwriting Manager for ^n O'UJ� Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch,Suite 200•Irvine,California 92814•(949)263-3300 PAYMENT BOND-PUBLIC WORK Bond No. 752703P Premium Included in Performance bond KNOW ALL MEN BY THESE PRESENTS,That New West Signal,Inc. , as Principal, and Developers Surety and Indemnity Company ,a corporation authorized to transact a general surety business in the State of California, as Surety,are held and firmly bound unto City of San Bernardino Department of Public Works Engineering Division ,as Obligee in the sum of One Hundred Ninety Nine Thousand Five Hundred Thirteen and 00/100 Dollars($199,513.00 )for the payment whereof,in lawful money of the United States,said Principal and Surety bind themselves, their heirs, administrators, successors and assigns,jointly and severally, firmly by these presents. The Condition of the foregoing obligation is such that:whereas,the above bounden Principal has entered into a contract, dated , ,with the obligee to do the following work,to wit: YEAR Repair,Replacement and Upgrade of the Street Lighting system at Various Locations in the City of San Bernardino(Includes Community Development Block Grant Funds)Plans and Special Provisions No.12853 Now,therefore, if the above bounded Principal,contractor,person,company or corporation,or his or its sub-contractor,fails to pay any claimant named in Section 3181 of the Civil Code of the State of California,or amounts due under the Unemployment Insurance Code, with respect to work or labor performed by any such claimant,that the Surety on this bond will pay the same, in an amount not exceeding the aggregate sum specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee,which shall be awarded by the court to the prevailing party in said suit,and attorney's fees to be taxed as costs in said suit. This bond shall inure to the benefit of any person named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. This bond is executed and filed to comply with the provisions of the act of Legislature of the State of California as designated in Civil Code, Sections 3247-3252 inclusive, and all amendments thereto. Signed and Sealed this 13th day of April ,2012 YEAR New A '•nal In �, Developers Surety and Indemnity Company *i Principal Surety ‘■ � By U\GUv�l1.f.�, OA L Laurie B.Druck, Attorney-in-Fact I0-1210(CA)(REV CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT • State of California /) ss. la County of San Bernardino 6. i. On April 13, 2012 before me, Pamela McCarthy, Notary Public Name and Title of Officer(e.g.,"Jane Doe,Notary Public") te personally appeared Laurie B. Druck Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence a .,r.. to be the person whose name is subscribed to the ""� PAMELA MCCARTHY within instrument and acknowledged to me that she �, '..,., °\ COMIVI. #1885009 executed the same in her authorized capacity, NOTARY PUBLIC_CALIFORNIA and that by her signature on the instrument the Y % SAN BERNARDINO COUNTY y g My Comm.Expires April 30,20fa ILJT 6person, or the entity upon behalf of which the person � "� acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 44 3i. '��2cZ -r_iiiC7C-�' ��� PV 777 Signature of Notary Public OPTIONAL oP Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: bag • Capacity(ies) Claimed by Signer(s) Signer's Name: O Individual O Corporate Officer RT THUMBPRINT Title OF SIGNER cbQ O Partner -- O Limited El General Top of thumb here • O Attorney-in-Fact O Trustee • O Guardian or Conservator Other: Signer is Representing: la t POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725,IRVINE,CA 92623 (949)263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each hereby make,constitute and appoint: ***Cynthia J.Young,Jay P. Freeman, Laurie B. Druck, Pamela McCarthy,jointly or severally*** as their true and lawful Attomey(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of surety- ship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attorney(s)-in-Fact,pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008. RESOLVED,that a combination of any two of the Chairman of the Board,the President,Executive Vice-President,Senior Vice-President or any Vice President of the corporations be,and that each of them hereby is,authorized to execute this Power of Attorney,qualifying the attomey(s)named in the Power of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of either of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested'by heir respective Secretary or Assistant Secretary this October 4th,2011. By \ 12iiI1 )41.44" 07.E ,,0.�y„AND j PANYO,c Daniel Young,Senior Vice-President 'J do0R,gf� ', C, OgPQq1Tv' ,{jJ 10 i OO T.S p 0 By: 1936 *c0; w 1967 Steve A.Tvedt,Vice-President s . b , • O O Q- a d .p y 9 �y` < FQP State of California * ,,,,•` �C County of Orange On October 4,2011 before me, Antonio Alvarado,Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel Young and Steve A.Tvedt Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized ALVARADO capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of ANTONIO ALVAR which the person(s)acted,executed the instrument. l b= COMM.*1880643 ;t '* 1'PUBLIC CALI #RNIA A NW I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is "V ,/ ORANGE C My c omm.expires Aug.9,2013 true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature Antonio Alvarado,Notary Public CERTIFICATE The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA,does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and,furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,this\-), day of CtfAA. , 2 By: • Af 076e1-."-”" regg Okure istant Secretary ID-1380(Rev.10/11) ACKNOWLEDGMENT STATE OF CALIFORNIA. COUNTY OF, rI �rnel rot no ) On 4 - 11 12_ , before me, Nee a C nl n NiCji , Data And Tile a Officer(e.g.-Joni Doe. Pubic" personally appeared I -\i a n -5, ��sl- 1,410,-f ��(�/�►\� Nellq[5)of mgnerts) who proved to me on the basis of satisfactory evidence to abbe the person whose name are subscribed to the within instrument and acknowledged to me tha -- • - -y executed the same in - , -it authorized capacity ' and that by)he> eir sign. re on the instrument the person(, or the entity upon behalf which the person( cted, executed the instrument. I ' I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragra h is true and correct. WENDY HICKMAN • L: Commission 1891311 WITNESS m hand and official seal. Notary Public-California i y San Bernardino County M Comm.Ex iris Jun 25,2014 (-39U;L—C-C4—. ) Place Notary Seal Aare -74UL(Crature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ Individual Corporate Officer "P0.y VY1-e,�fn-' Bond Title(s) t Title or Type of Document • Partner(s) ❑ Limited ❑ General O Attorney-In-Fact Number Of Pages D Trustee(s) O Guardian/Conservator O Other: "'t - 1 3 - I Z Date Of Document Signer is representing: Name Of Person(s)Or Entity(ies) iAe,w (,C ?M Sie3n63, , LvtiG . s Signer(s)Other Than Named Above ? 17 I RVPUBIMSTRACKE1743412.2 ��1 NEWWE-2 OP ID: KG '4�°RC' CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 04112/12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 909-886-9861 CCOONTACT Christina Mountz Alliant Insurance Services PHONE (Lic-OC36861) 909-886-2013 (ac,No E 909-474-8799 ;FAX No):909-886 4013 735 Carn KO Drive Ste 200 E-MAIL cmoun alliantinsurance.com San Bernardino,CA 92408 CA _- - 1 5057-Jay Freeman INSURER I S)AFFORDING COVERAGE 1 NAIC#. - _ -- -_-_ - -- INSURER A:Wesco Insurance Company Inc INSURED New West Signal Inc INSURER B:Plaza insurance Company 14055 Foothill Boulevard — Fontana,CA 92335 INSURER C:Security National INSURER D INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR r _.- ADDL1SUB --- -. .--- -_-__-_ POLICY EFF-I—POLICY t7(P --..._- -----_-_-- LTR TYPE OF INSURANCE INSR I WVD' POLICY NUMBER (MMIDD/YYYY)1(MMIDDIYYYY) UNITS 'GENERAL LIABIUTY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY X WPP105198300 01/01/12 01/01!13 j DAMAGE TO RENTED I PREMISES(Ea occurrence] �$ -_ 300,000 CLAIMS-MADE 4 1 OCCUR I MED EXP(Any one person) $ 5,000 1 ! PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN L AGGREGATE APPLIES PER: _--. O If PRODUCTS-COMP/OPAGG $ 2,000,000 POLICY 1 �, LOC Emp Ben. $ 1,000,000 JECT COMBINED SINGLE LIMIT (Eaacadent]_—_- $ 1,000,000 A X ANY AUTO WPP105198300 01/01/12 01/01!13 BODILY INJURY(Perperson) $ ALL OWNED f BODILY'SCHEDULED 1 - -_ N - __-- ----- -_ AUTOS I AUTOS INJURY(Per r accident) $ -_--- i PROPERTY DAMAGE $ HIRED AUTOS AUTOS ED I (per accident' $ X UMBRELLA UAB ! XJ OCCUR i EACH OCCURRENCE $ 1,000,000 B EXCESSUAB I CLAIMS-MADE PXSLBR14600 01/01!12 1 01/01/13 AGGREGATE $ 1,000,000 m -- 10,000 { DED X RETENTION$ $ WORKERS COMPENSATION X WC STATU OTH- I i AND EMPLOYERS'LIABILITY 1 TORY LIMITS±_ ER C ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N SWC1006774 01/01/12 01/01/13 I E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A I --- -- - __ - (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1 I.-_- _- -__--- - _.-- --- ___--- DESCRIPTION OF OPERATIONS below 1 E.L.DISEASE-POLICY LIMIT $ 1,000,000 I I DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) Job:Repair,Replacement and Upgrade of the Street Lighting System at Various Locations in the City of San Bernardino. The City of San Bernardino,the County of San Bernardino,the State of California and/or incorporated are additional insured as respects general liability per endorsement CG20100704&CG20370704. CERTIFICATE HOLDER CANCELLATION CISANBE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of San Bernardino ACCORDANCE WITH THE POLICY PROVISIONS. Dept of Public Works Engineering Dept. AUTHORIZED REPRESENTATIVE 300 North D St.,3rd Floor �y San Bernardino,CA 92418-0001 ,7 cg ___-_,_ ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD POLICY NUMBER:WPP105198300 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s)Of Covered Operations Blanket as required by written contract. Blanket as required by written contract. It is agreed that such insurance as is afforded by this policy for the benefit of the additional insured shown shall be primary insurance,and any other insurance maintained by the additional insured(s)shall be ex- cess and noncontributory as respects any claim, loss or liability allegedly arising out of the operations of the named insured,provided however that this insurance will not apply to any claim loss or liability which is determined to be solely the result of the additional insured's negligence or solely the additional insured's responsibility. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional exclu- organization(s) shown in the Schedule, but only sions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage"occurring after: caused, in whole or in part,by: 1. All work, including materials, parts or equip- 1. Your acts or omissions;or ment furnished in connection with such work, 2. The acts or omissions of those acting on your on the project(other than service, maintenance behalf; or repairs) to be performed by or on behalf of in the performance of your ongoing operations for the additional insured(s) at the location of the the additional insured(s) at the location(s) desig- covered operations has been completed;or nated above. 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 ❑ POLICY NUMBER:WPP105198300 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations Blanket as required by written contract. Blanket as required by written contract. It is agreed that such insurance as is afforded by this policy for the benefit of the additional insured shown shall be primary insurance, and any other insurance maintained by the additional insured(s)shall be excess and noncontributory as respects any claim, loss or liability allegedly arising out of the operations of the named insured,provided however that this insurance will not apply to any claim loss or liability which is de- termined to be solely the result of the additional in- sured's negligence or solely the additional insured's responsibility. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for"bodily injury"or"property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". CG 20 37 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 ❑