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HomeMy WebLinkAbout12- Parks, Recreation & Community Services ORiGiNAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Kevin Hawkins, Director Subject: Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Dept: Parks, Recreation & Community Vendor Service Agreement and issuance of a Purchase Order in the amount of$374,615 between the City of San Services Dept./Public Works Dept. Bernardino and Roadway Engineering and Contracting Inc. for the construction of the Verdemont Community Date: January 10, 2011 Center and landscaping at Al Guhin Park per Capital Improvement Program project PR04-28. M/CC Meeting Date: January 24, 2011 Synopsis of Previous Council Action: 11-1-2010-Mayor and Common Council approved resolution 2010-362 authorizing the Director of Finance to issue a change order for Purchase Order No. 303285 from$36,400 to$86,660,for Transtech Engineers Inc. for the design of the Verdemont Community Center. 11-1-2010-Resolution Mayor and Common Council approved resolution 2010-363 authorizing the execution of a Vendor Service Agreement and issuance of a purchase order in the amount of$83,461.03 between the City of San Bernardino and Williams Scotsman, Inc. for the purchase and installation of modular buildings at Al Guhin Park. 3-1-2010 - Mayor and Common Council approved resolution 2010-34 authorizing the execution of an agreement for services with Transtech Engineers, Inc. for design of the community center at Al Guhin Park. Recommended motion: Adopt Resolution. nature Signature Kevin Hawkins Nadeem Majaj Contact person: Robert Lennox Phone: 384-5031 Supporting data attached: Staff Report,Reso,Bid results& Specs,Contract Ward: 5 FUNDING REQUIREMENTS: Amount: $374,615.00 Source: (Acct. No.): 268-160-5504-7743-0025 (Acct. Description): AB 1600 Parkland and Open Space Acquisition and Park Improvement Fee(DIF) Fund Finance: Council Notes: Agenda Item No. dr-9-1/-0ef/ CITY OF SAN BERNARDINO —REQUEST FOR COUNCIL ACTION STAFF REPORT Subiect• Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Vendor Service Agreement and issuance of a Purchase Order in the amount of $374,615 between the City of San Bernardino and Roadway Engineering and Contracting Inc. for the construction of the Verdemont Community Center and landscaping at Al Guhin Park per Capital Improvement Program project PR04-28. Background: The Mayor and Common Council have approved various resolutions endorsing the construction of a community center in the Verdemont neighborhood. In FY09-10 staff from the Development Services Department and the Parks, Recreation and Community Services Department met with various vendors to review proposals and concepts for a community center at Al Guhin Park. More recently, Mayor and Common Council approved resolutions authorizing the execution of agreements for the design of a community center and site amenities as well as a modular building purchase at Al Guhin Park. The full scope of the design included an amphitheater, basketball court, parking lot, and security lighting, modular community center and landscaping. On December 28, 2010 a formal bid process was initiated to solicit bids for the construction of the Verdemont Community Center and landscaping at Al Guhin Park. Notices of bids were posted in local media, industry websites, and to approved vendor lists. The bid documents requested pricing for materials, removal of existing components and debris, and installation of new equipment and structures. There was a mandatory job walk on January 7, 2011, which resulted in the attendance of 30 vendors. The Bid closing date was January 19, 2011, at 3:00 PM and ten bids were submitted. Three of the ten bids were rejected as nonresponsive due to incomplete bid forms. Vendor Location Bid Amount Roadway Engineering Riverside, CA $374,615.00 Fleming Environmental Fullerton, CA $376,486.00 Braughton Construction Rancho Cucamonga, CA $418,420.00 Avi-Con,Inc Riverside, CA $422,990.00 Atom Inc. Hemet, CA $459,175.00 B.W. Simmons Inc. Calimesa, CA $479,880.18 Jergensen Construction Hesperia, CA $611,723.00 A bid summary sheet and selected vendor bid submittal is attached (see Exhibit `B"). Roadway Engineering and Contracting Inc. was the lowest apparent bidder and the vendor's total bid is under the projected reasonable cost for the project scope. Therefore, staff recommends that the Mayor and Common Council authorize the execution of an agreement and purchase order in the amount of $374,615 to Roadway Engineering and Contracting Inc. for the construction of the Verdemont Community Center and landscaping at Al Guhin Park. Financial Impact: Funds for this project are available in the CIP project for the Verdemont Community Center (Account No. 268-160-5504-7743-0025, Project PR04-28). Account No.: 268-160-5504-7743-0025 Budgeted Amount: $575,400 Balance as of 1/24/2011: $575,400 Balance after Approval of Item: $200,785 Please note this balance does not indicate available funding. It does not include non- encumbered reoccurring expenses or expenses incurred but not yet processed. Recommendation: Adopt Resolution. 1 o ° . RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF ATVE CITY 3 OF SAN BERNARDINO AUTHORIZING THE EXECUTION SERVICE AGREEMENT AND ISSUANCE OF A OPURCHASE ORDER IN THE BERNARDINO AND 4 AMOUNT OF $374,615 BETWEEN THE CITY SAN FOR THE 5 ROADWAY ENGINEERING AND CONTRACTING INC. CENTER AND CONSTRUCTION OF THE VERDEMONT COMMUNITY 6 LANDSCAPING AT AL GUHIN PARK PER CAPITAL IMPROVEMENT PROGRAM 7 PROJECT PR04-28. 8 and best bidder WHEREAS, Roadway Engineering and Contracting Inc. is the lowest 9 for the construction of the Verdemont Community Center and landscaping at Al Guhin Park per 10 11 San Bernardino Municipal Code Section 3.04.070 (fl and Plan No. 12762; and 12 WHEREAS, the term of the Agreement shall be from February 1, 2011 through June 13 30, 2011. 14 BE IT RESOL VED BY THE MAYOR AND COMMON COUNCIL OF THE 15 CITY OF SAN BERNARDINO AS FOLLOWS: 16 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized to 17 18 execute on behalf of said City an Agreement between the City of San Bernardino and Roadway 19 Engineering and Contracting Inc., a copy of which is attached hereto, marked as Exhibit "A", 20 and incorporated herein by this reference as fully as though set forth at length. 21 SECTION 2. That pursuant to this determination the Director of Finance or her 22 designee is hereby authorized to issue a purchase order to Roadway Engineering and 23 24 Contracting Inc. in the amount of$374,615 for FY 10-11. 25 SECTION 3. The authorization to execute the above referenced Purchase Order and 26 Agreement is rescinded if it is not executed by both parties within sixty (60) days of the passage 27 a of this resolution. v� �/- 28 1 2 RESOLUTION NO. 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 4 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A VENDOR SERVICE AGREEMENT AND ISSUANCE OF A PURCHASE ORDER IN THE 5 AMOUNT OF $374,615 BETWEEN THE CITY OF SAN BERNARDINO AND ROADWAY ENGINEERING AND CONTRACTING INC. FOR THE 6 CONSTRUCTION OF THE VERDEMONT COMMUNITY CENTER AND 7 LANDSCAPING AT AL GUHIN PARK PER CAPITAL IMPROVEMENT PROGRAM PROJECT PR04-28. 8 9 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 10 Common Council of the City of San Bernardino at a meeting thereof, held on the 11 day of , 2011,by the following vote,to wit: 12 13 Council Members: AYES NAYS ABSTAIN ABSENT 14 MARQUEZ 15 DESJARDINS 16 BRINKER 17 SHORETT 18 KELLEY 19 20 JOHNSON 21 WCAMMACK 22 Rachel Clark, City Clerk 23 24 The foregoing resolution is hereby approved this day of 52011. 25 Patrick J. Morris, Mayor 26 City of San Bernardino 27 7Apovedd as to Form: 28 J es F. Penman, City Attorney EXHIBIT A VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ROADWAY ENGINEERING AND CONTRACTING INC. This Vendor Service Agreement is entered into this _day of 2011, by and between Roadway Engineering and Contracting Inc. ("VENDOR") and the City of San Bernardino ("CITY" or"San Bernardino"). WITNESSETH: WHEREAS, the Mayor and Common Council has determined that it is advantageous and in the best interest of the CITY to contract for the construction of the Verdemont Community Center and landscaping at Al Guhin Park; and WHEREAS, the City of San Bernardino did solicit and accept bids from available vendors for construction services per Plan No. 12762; and, WHEREAS, Vendor is the lowest and best bidder to provide said services to City; NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated, San Bernardino hereby engages the services of VENDOR to provide those products and services as set forth in Verdemont Community Center Bid Specifications Plan No. 12762, for the construction of the Verdemont Community Center and landscaping at Al Guhin Park, attached hereto as Exhibit `B" and incorporated herein by this reference. 2. COMPENSATION AND EXPENSES. a. For the services delineated above, the CITY, upon presentation of an invoice, shall pay the VENDOR, pursuant to the bid summary sheet for vendor attached hereto as Attachment "1" and made a part hereof, an amount not to exceed amount of 1 EXHIBIT A $374,615.00, for the construction of the Verdemont Community Center and landscaping at Al Guhin Park. b. No other expenditures made by VENDOR shall be reimbursed by CITY. 3. TERM; TERMINATION. The term of this agreement shall be from February 1, 2011 through June 30, 2011.This Agreement may be terminated at any time by thirty (30) days prior written notice by either party. The terms of this Agreement shall remain in force unless amended by written agreement of the parties executed on or before the date of expiration of the current term of the agreement. 4. INDEMNITY. Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, agents or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage, based or asserted upon any or alleged act or omission of Vendor, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of service under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the City, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its own expense, including attorney's fees the City, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. Vendor hereby waives any and all rights to any types of express or implied indemnity against the City, its elected officials, employees, agents or representatives, with respect to third party claims against the Vendor relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 2 EXHIBIT A 5. INSURANCE. While not restricting or limiting the foregoing, during the term of this Agreement, VENDOR shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of$1,000,000.00 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY of any change or termination in the policy. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or sexual orientation, or any other status protected by law. 7. INDEPENDENT CONTRACTOR. VENDOR shall perform work tasks provided by this Agreement, but for all intents and purposes VENDOR shall be an independent contractor and not an agent or employee of the CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for VENDOR and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. 3 EXHIBIT A 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. VENDOR warrants that it possesses or shall obtain, and maintain a business registration certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of VENDOR to practice its business or profession. 9. NOTICES. Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: TO THE CITY: Parks Recreation and Community Services Director 1350 South"E" Street San Bernardino, CA 92408 Telephone: (909) 384-5233 TO THE VENDOR: Roadway Engineering and Contracting Inc. 8861A Jurupa Road Riverside, CA 92509 Telephone: (951) 360-6834 Contact: Eric Alvarez 10. ATTORNEYS' FEES. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this paragraph. 4 EXHIBIT A 11. ASSIGNMENT. VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR of VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder for the term of this Agreement. 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the County of San Bernardino, State of California or the U.S. District Court for the Central District of California, Riverside Division. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. 13. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs, representatives, successors, and assigns. 15. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provisions. 5 EXHIBIT A i 16. SEVERABILITY. If any provision g rovision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 17. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties, and supercedes any prior agreements and understandings relating to the subject manner of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. 6 EXHIBIT A VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ROADWAY ENGINEERING AND CONTRACTING INC. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. 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(1) U aoi a=i Q O � U 0 cn O : a) o O c� E c� � : ca c� a) � U -o >z 4. aQQcncno � mQW � 2 (DzcncnF— aatYcnU � > O w„ :¢D1*ftCc07OrNMd' wtoh O07O'ti d 'tAw .t` 0001 rr �- re^ r'rr e- e- NNNNN i / EXHIBIT-B WAN Jk Roadway Engineering&Contracting Inc BID FORM TO THE DEPARTMENT OF PARKS, RECREATION AND COMMUNITY SERVICES AND THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO The undersigned declares that he has carefully examined the location of the proposed work, that he has examined the Plan and read the accompanying instructions to bidders and hereby proposes to furnish any and all required labor,materials, transportation and service for the CONSTRUCTION OF THE VERDEMONT COMMUNITY CENTER AT AL GUHIN PARK (PR 04-28) in strict conformity with Plans and Special.Provisions No. 12762, of the Department of Parks, Recreation and Community Services for the City of San Bernardino and also in accordance with Standard Specifications for Public Works Construction, Latest Edition. Undersigned proposes and agrees if this bid is accepted, that he will contract with the Department of Parks, Recreation an d Community Services and the City of San Bernardino, in the form of the copy of the contract annexed hereto, to provide all necessary machinery, tools, apparatus and other means of maintenance, provide a schedule of values for Lump Sum items to be adhered to for contract change order work,and to do all the work and furnish all the materials specified in the contract, in the manner and time therein prescribed, and that he will take in full payment therefor the following unit prices or lump sum prices,to-wit: BID NOTES: The unit price must be written in words and also shown in figures. All blank spaces appearing above must be filled in. In case of discrepancy in Bid Amounts, "UNIT"prices shall govern over extended amounts,and"WORDS"shall govern over"UNIT"figures. Total bid price for the entire contract work shall include the.cost of labor, materials, equipment parts, implements, taxes and supplies necessary to complete the project, as based on the City Engineer's estimate of quantities of work. The total price must be extended for each item of work and the total of all items inserted in the space provided. Bidders shall complete and submit entire BID DOCUMENTS as their bid. Failure to do so will result in bid being non-responsive. BIDDER declares that this BID is based upon careful examination of the work site and the Bid and Contract Documents. B-1 EXHIBIT B s 0 BID SCHEDULE PLAN NO. 12762 CONSTRUCTION OF THE VERDEMONT COMMUNITY CENTER AT AL GUHIN PARK,(PR 04-28) ITEM ESTIMATED DESCRIPTION OF ITEMS UNIT PRICE TOTAL NO. QUANTITY UNIT WITH UNIT PRICE WRITTEN IN WORDS IN FIGURES IN FIGURES 1. 1 LS MO$ILIZATION, at the Lump Sum price of -3 . 0 Dollars 1 J _ & Cents LS $ (j Z'w 2. 1 LS TRAFFIC CONTROL, at the Lt mp Sum price of -' w tl Dollars & Cents LS 3. l LS CLEARING and GRUBBING, Unclassified Excavation and Unclassified Fill, t the Lump Sum price of "WW2\Vt yQ Dollars & Cents LS $ Z �l .4. 2 EA PCC CURB RAMP including Retaining Curb, as required, r SPPWC111-4 at �� & Dollars '�� ��->-- --- ice-- Cents per EACH $1.1Q_ '/EA $ 5. 760 LF PCC CURB, per CITY Std.200,Type"A", Modified per Plan, at "10'\V-kilnowN Dollars & r Cents per LIN.FT. $ 3 /LF $ �� o 6. 3200 SF PCC SIDEWALK per CITY Std.202,Modified per Plan,at �fo �V' ----�'—"' Dollars & $' Cents per SQ.FT. $ L -/SF $ Z 7. 265 TN AS HALT CONCRETE, at Dollars & ;?s Cents per TON $ /TN $ Z ZS 1 B-2 Mir 'a I EXHIBIT B - BID SCHEDULE ,.. .n PLAN NO.12762 CONSTRUCTION OF THE VERDEMONT COMMUNITY CENTER AT AL GUHIN PARK,(PR 04-28) ITEM ESTIMATED DESCRIPTION OF ITEMS UNIT PRICE TOTAL NO. QUANTITY UNIT WITH UNIT PRICE WRITTEN IN WORDS IN FIGURES IN FIGURES 8. 258 TN AGG�EGA�BASE, CRUSHED, at X -- Dollars & Cents per TON $ U0 /TN $ S 1 9. 1 LS STREET CUTS&STRUCTURAL REPAIRS per CITY Std 310, at a lump sum p ice of jh�� �–nKS� ,�h l.�-• Dollars & Cents $ LS $ 10. 1 LS SEWER SYSTEM, at the Lu p Sum price of kSc...--Q 1.�k �' Dollars & Cents LS 11. 1 LS DOMESTIC WATER SERVICE AND DRINKING FOUNTAIN,COMPLETE, at a lump sum price of ire V-- per — Dollars & Cents $ LS $ 12. l LS MODULAR BUILDING(PIT SET), FOUNDATION,WET AND DRY UTILITY CONNECTIONS,AND STUCCO FINISH at a lump sum price of ; A<N�)k S c,„ - Dollars & Cents $ LS $ ` (30 6 ` 13. 1 LS BASKETBALL COU$TS,COMPLETE,at a lump sum price of of Iry +-;, ems C-4 Do411ars & Cents $ LS $ 5 Uz� 14. 1 LS AMPHITHEATER INCLUDING BLOCK WALL at a lump sum price of ,, 1u., w2(p J► Dollars $ LS s l b `i�LU J r & l!y Cents B-3 EXHIBIT B BID SCHEDULE PLAN NO. 12762 CONSTRUCTION OF THE VERDEMONT COMMUNITY CENTER AT AL GUHIN PARK,(PR 04-28) ITEM ESTIMATED DESCRIPTION OF ITEMS UNIT PRICE TOTAL NO. QUANTITY UNIT WITH UNIT PRICE WRITTEN IN WORDS IN FIGURES IN FIGURES 15. 1 LS ELECTRICAL AND TELEPH NE/DATA at the Lump.Sum price of ✓ Ste. —MaD L1%0—_ . Dollars & Cents LS $ "� 16. 1 LS IRRIGATION INSTALLATION/ MODIFICATION, a the Lump Sum price of .�►mss. — Dollars r E & Cents LS 17. 1 LS LANDSCAPE INSTALLATION/ . . MODIFICATION at the Lump Sum price of --- -.Dollars I V . &, Cents LS 18. 1 LS GATES AND FENCE INSTALLATION/ MrDIFICATIOV at the Lump Sum price of , Dollars LS $ )c� & Cents 19. 1 LS NPDES REQUIREMENTS(SWPPP,WQMP, BMP),per SECTION 6-1.03, at the Lump Sum pri of ,� ---- Dollars LS & Cents 20. 1 LS SURVEYING SERVICE, per SECTION 6-1.10 at the Lump Sum price of / r,i,i --•P Q-14- ti.� Dollars & Cents LS $ "� BA EXHIBIT B BID SCHEDULE PLAN NO.12762 CONSTRUCTION OF THE VERDEMONT COMMUNITY CENTER AT AL GUHIN PARK,(PR 04-28) ITEM ESTIMATED DESCRIPTION OF ITEMS UNIT PRICE TOTAL NO. QUANTITY UNIT WITH UNIT PRICE WRITTEN IN WORDS IN FIGURES IN FIGURES 21. 4 EA STREET SIGN ON SINGLES POST City Std.504,at "V_W� �,t'°-••L Dollars _ & L05r C.° Cents per EACH $ V O /EA $ �"-'b° . 22. 1 LS TRASH ENCLOSURE AND WASTE RECEPTICLES at the Lump Sum price of ours ? A10 Dollars & _U- Cents LS $ �� r 23. 1 LS PARK SIGN,FOOTING,AND FENCE INSTALLATION/MODIFICATION , at the Lumpr Serum rice of � �� r� Dollars LS $ �d� �& ts— Cents 24. 1 LS PARKING LOT REDWOOD HEADER at the O1-C X►ti�s � Lump Sum price of tpv Dollars l� & (� Cents LS $ y 25. 1 LS RELOCATE EXISTING PICNIC AREAS at the Lump Sum price of 0k:!N= ram►- ,, y-" G -- Dollars & Cents LS $ � s "~- 26. 1 LS STRIPING AND PAVEMELT at the ump Sum price of Dollars O �- & �-- Cents LS $ B-5 EXHIBIT B BID SCHEDULE PLAN NO.12762 CONSTRUCTION OF THE VERDEMONT COMMUNITY CENTER AT AL GUHIN PARK,(PR 04-28) ITEM ESTIMATED DESCRIPTION OF ITEMS UNIT PRICE TOTAL N0. QUANTITY UNIT WITH UNIT PRICE WRITTEN IN WORDS IN FIGURES IN FIGURES 27. 4 EA CLASS I TYPE F DELINEATOR per CALTRANS td.A73C,at �rL..% --- Dollars & �— Cents per EAC14 $�_/EA $ Zed 28. 1 LS PCC DIP SECTION at Oe Lump Sum price of 5',y — Dollars & Sr Cents LS $ Loo r 24. 1 LS VIDEO INSPECTION OF SEWER AIN at the Lump Sum rice of_ i� " _ Dollars & Cents LS $ � TOTAL BID$ S B-6 likaw) EXHIBIT B l ` 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 64 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 1_ EXPIRATION NO.: `)-�—"�` 4 CLASSIFICATION: "t DATE: 3 t 1 Z. FIRMNAME: Roadway Engineering & Contracting Inc BUSINESS ADDRESS:' y S n (A 1 2-S V 1 BUSINESS PHONE: GSI `3 to-bf)S4 FAX:jf M '3t0 Tb34 CELL: e7iK7 ' tl1 t ' I t lam© 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 Is Bidder currently a certified DBE? Yes ❑ No {� Le al Status of Firm NAMES ADDRESS(ES) Erie Alvarez-PresidentlSecretaryll reasVer l tea LA"V a),Aa ' vas,' CJk i tS �3 SIGNATURE OF BIDDER: Dated: l ,20 BIDDER'S INITIALED ACKNO EDGEMENT OF ADDENDUMS: ADDENDUM NO. 1 DATE: vi, ADDENDUM NO.2 DATE: ADDENDUM NO.3 DATE: ADDENDUM NO.4 DATE: C-1 EXHIBIT B SPECIAL NOTICE The bidder's attention is directed to the section entitled, "Required Listing of Proposed Subcontractors", in Section 2 of the special provisions regarding the requirement that proposed subcontractors be listed in the bidder's Bid Documents. Instead of listing only subcontractors for signal and lighting work as in the past, all subcontractors are now to be listed in the Designation of Sub-Contractors for items of work or portions thereof to be subcontracted in excess of one- half of one percent of the total bid or$10,000.00,whichever is greater. In the case where a bidder claims an inadvertent clerical error in listing sub-contractors, a notice of the claim must be submitted to the Office of the City Engineer in writing within 2 working days after the time of the bid opening and send copies of the notice to the subcontractors involved. The bidder shall provide the actual dollar"Sub-Contract Amount" as submitted by each listed sub-contractor, keeping in mind that the prime contractor for this project is required to provide or perform, with his own organization, contract work amounting to at least 50% of the total contract bid price. Material required for any of the contract work of this project that is purchased directly by the prime contractor is considered as included in the prime contractor's 50% requirement. If material purchased directly by the prime contractor is to be used by a listed sub-contractor in performing contract work,the dollar amount of such purchased material should not be included in the dollar amount listed for said sub-contractor. C-2 EXHIBIT B Roadway Engineering &Contracting Inc BIDDER'S FIRM NAME DESIGNATION OF SUB-CONTRACTORS PLANS & SPECIAL PROVISIONS NO. 12762 In compliance with the provisions of Section 4100-4114 of the Public Contract Code of the State of California and any amendments thereof, each bidder shall set forth the name and location of each subcontractor who will perform work or labor or render service to the Contractor. Name&Address Agency&No.of Under Which MBE/WBE CERT. Sub-Contractor's Sub-Contract Work to Be Licensed (If Applicable) Phone-No. Amount Performed: S�3 Weslti„� �Ik ��Z "'�l $�,9�� 3. CA f a� S �_ ' fl 4. 5. 6. IF ADDITIONAL SPACE IS REQUIRED,PLEASE DUPLICATE THIS SHEET DO NOT WRITE ON THE BACK C-3 EXHIBIT B 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: Roadway Engineering &Contracting Inc NAME OF FIRM: BY: ' TITLE: Eric Alvarez-President DATE: C-4 7, 77 7777T 9 EXHIBIT B (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 Department of Public Works,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. Roadway Engineering &Contracting Inc Firm Name &ature of Bidder Eric Alvarez-President Printed Name and Title ` 1 CA " Business Address Place of Residence Sufisc`ribed,md.sworn to(or affirmed)before me this day of ,24 the above proved to ffe-on4k 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 c'^ Year C-5 EXHIBIT B JURAT State of California County of Riverside Subscribed and sworn to (or affirmed) before me on this 19th day of January, 2011, by Eric, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. 1 MK7SOCORRO ALVAREZ 0MMMW . 1887384 Notary Public Notary Public-California Socorro Alvarez, Riverside County My Comm.Expires Apr 27,2014 OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal of this form to another document. I Description of Attached Document Title or type of Document: Noncollusion Affidavit Document Date: 01-19-11 Number of Pages: 1 Signer(s) Other Than Named Above None EXHIBIT B FORM OF BID BOND KNOW ALL MEN BY THESE PRESENTS, that we,the undersigned, Roadway Engineering&Contracting, Inc. as Principal,and Ullieo Casualty Company as Surety, are hereby and firmly bound unto the City of Son Beroardlno , State of California, hereinafter referred to as"Obligee"in the penal sum of ten percent 10% of the total amount of the bid of the Principal submitted to the Obligee for the work described below, for the payment of which sum we hereby jointly and severally bind ourselves, our heirs, executors, administrators,successors and assigns. THE CONDITION OF THIS OBLIGATION IS SUCH, THAT: WHEREAS, the Principal has submitted to Obligee,a certain Bid,attached hereto and hereby made a part hereof to enter into a contract in writing,for the Construction of the Verdemont Community Center at Al Guhin Park(PR 04-26) (Copy here the exact title description of work, including location,as it appears on the Bid and Contract Documents) for which bids are to be opened on January 19, 2011 (Insert date of opening) NOW, THEREFORE, a. If said Bid shall be rejected,or in the alternate, b. 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. ,I 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 such Bid;and said Surety does hereby waive notice of any such extension. Signed, this 18th day of January , 20 11 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. Roadway Engineering &Contracting, Inc. (SEAL) Ullico Casualty Company _(SEAL) Principal Surety BY�_ y' Cgenz a ore Signature Erl�A -President Pamela McCarthy,Attorney-in-Fact 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-6 EXHIBIT B z Fr CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Riverside On January 19,2011,before me,Socorro Alvarez,Notary Public,personally appeared Eric Alvarez,who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct Witness my hand and official seal SOCORR0 ALVAREZ Commission#1887984 _ -� Notary Public-California D Riverside County �", M Comm.Ex fires r 27,2014+ Socorro Alvarez,No�Public OPTIONAL Though law does not require the information below, it may prove valuable to persons relying on the document and could prevent fraudulent removal of this form to another document. Description of Attached]Document Title or type of Document: Bid Bond Document Date: 01-19-11 NO. of Pages: I Signer(s)Other Than Named Above None Capacity(ies) Claimed by Signer Signer's Name: Eric Alvarez ❑ Individual ❑ Corporate Officer—Title(s): President ❑ Partner- ❑Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Signer is Representing: Roadway Engineering& Contracting Inc_. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT-XHIBIT B r,:,State of California x SS. (­,adCounty of San Bernardino On January 18 2011 before me, Cynthia J. Young, Notary Public Name and Title of officer(e.g.,"Jana Doe,Notary Public") Personally appeared Pamela McCarthy Name(s)of Slgner(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she CYNTHIA J.YOUNG executed the same in her authorized capacity, CYNTHIA and that by her signature on the instrument the COMM.#1806614 person, or the entity upon behalf of which the person NOTARY PUBLIC-CALIFORNIAN SAN BERNARDINO COUNTY acted, executed the instrument. '� ',•••r My i:grrlm.Expi►u JWy 16„=4 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. 42 Sig Lure of Notary PtAlic OPTIONAL -- Though the information below is not required by taw, 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: Capacity(les) Claimed by Signer(s) Signer's Name- 0 Individual • Corporate Officer OWN Title • Partner -- O Limited O General Top of thumb here • Attorney-in-Fact O Trustee O Guardian or Conservator Other: Signer is Representing: EXHIBIT B STATE OF CALIFORNIA DEPARTMENT'OF INSURANCE N4 08581 SAN FRA.NC:ISCO Amend Certificate orAuthority THIS IS 1'0 Cf.-KIIFY THAT,Pursuant to the lnsuranre Code of die State of!.'alifor+tia. ULLICO Casualty Company oJ. Delaware ,organized tinder the laws of Delaware subject to its Articles ofinrorporatianor otherJundamental arganiaationrd documents,is hereby outhoriUd ai transact with n the Stalk"subject to all provisions of thAs Certifrrate,the fntlowing classes of insurance; Fire, Marine, Surety, Disability, Plate Glass, Liability, Workers' Compensation, Boiler and Machinery, Burglnry, Sprinkler, Team and Vehicle, Automobile, and Miscellaneous as Stich classes are now or rally hereafter be defined in the Insurance Laws of the Stare of California. THIS CERTIBIC ATS is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all,and trot in violation of any,of the applicable laws and lawful requirements tirade under authority of the lawn of the Stilt"oJ'(:alif Nnia as long as such taws or requirements are in effect urrd app(irahle,and as such laws and require rnertts now are,or rmtphereajter be changed or arnended. IN WITNESS WHm1-,0F,r/firrive as rrf the__.26 th_-_---.-___.... day of_ s t 2008 7 Nava leereunto aei my hand and caused av official seal to be affixed this _ 26th doyof—At–Im—_ _..�.. .....2J0g...-.-. Steve Poizner )lnmamce Cummiaairrrcr �j � r By Sus .1. Stapp fo Jim Richardson yraytttlt ,,...ref. Deputy NOTICE: QnalifiMio„with tht swmary of Stale must he att�,mpiisltal u tequirrA by Calitornia Corde.Section r ock promptly eftet isivaroc of this Catficam of Awbonly.pailum to do so will br.a violation ui'buurance Ctxie Section 701 aunt will he grounds for n;wking this Ccrtificme of Authority pusanant in the cor,vemms n I is in the opplicotion thereto,and the coaditiona amtaioed Immin. Litre.uwm:mu� 10"CW EXHIBIT B J ULLICO Casualty Company Pru I I I�" 1625 Eye Street,N.W.Washington D.C.20006 lrwr Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That ULLICO CASUALTY COMPANY(the Company),a corporation organized and existing under the laws of the State of Delaware,does hereby constitute and appoint:Jay P.Freeman,Pamela McCarthy,Cynthia J.Young,and Laurie B.Druck of Alliaut Insurance Services,Inc. Its true and lawful Attorney(s)in fact with full authority to execute on its behalf bonds,undertakings,recognizances and other contracts of indemnity and writings Attorney obligatory in the nature thereof,issued in the course of its business and to bind the Company thereby,in an amount not to exceed$5,000,000.00. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of ULLICO Casualty Company at a meeting duly called the 15th day of July,2009. RESOLVED: he Company tof(1)rAppointrAttorney(s)in Fact Pand dauthorize hen Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto;and(2)to remove,at any time,any such Attorney-in-Fact and revoke the authority given. And,be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile,and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF,ULLICO CASUALTY COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized office this July 16",2009. >�Nt111111/11Z suall JS XC). Ewk7 OPOf��h ors rat v�47� '�•`., *± Daniel Aronowitz ��rr�tl71 4Yt� President ULLICO Casualty Company,a Delaware Corporation. On this 16th day of July 2009,before me came the individual who executed the preceding instrument,to me personally known,and being by me duly swom said that he is the therein described and authorized officer of the ULLICO CASUALTY COMPANY;that the seal affixed to said instrument is the Corporate seal of said Company;that the said Corporate Seal and his signature were duly affixed. �,�. � i,Cam"" .� �..�`i� I� " L.../ �,..•�...,... Notary PubliC CATHERINE M.OBRIEN NOTARY PUBLIC STATE OF MARYLAND MONTGOMERY COUNTY 1NY COMMISSION EXPIRES JANUARY 21,2012 CERTIFICATE the 1,Teresa E.Valentine,Senior Vice President,General Counsel and Secretary of ULLICO Casualty Company,do herby certify tGhat the foregoing and elution and are Board of Directors and this Power of Attorney issued pursuant thereto on this day of still in full force and effect.I do further certify that that Daniel Aronowitz,who executed the Power of Attorney as President,was on the date of execution of the attached Power of Attorney the duly elected President of ULLICO Casualty Company, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this� day of 20— Z Teresa E.Valentine Senior Vice President,General Counsel&Secretary ULLICO Casualty Company e®„ EXHIBIT B � E M Roadway Engineering &Contracting Inc BIDDER'S FIRM NAME MBE/WBE INFORMATION GOOD FAITH EFFORTS PLANS & SPECIAL PROVISIONS NO. 12762 The City of San Bernardino has established a Minority Business Enterprise(MBE)Goal of 15% and a Women Business Enterprise(WBE)Goal of 5%for this project. The information provided herein shows that adequate good faith efforts were made. A. The names and dates of each publication in which a request for MBE/WBE participation for this project was placed by the bidder (please attach copies of advertisements or proofs of publication): Publications Dates ofAdvertisement B. The names and dates of written notices sent to certified MBEs/WBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty .whether the MBEs/WBEs were interested (please attach copies of solicitations, telephone records,fax confirmations,etc.): Names of MBE/WBE Initial Solicitat n Follow Up Methods Solicited Dates and Dates C. The items of work which the bidder made avi ilable to MBE/WBE firms, including, where appropriate, any breaking down of the contrac work items (including those items normally performed by the bidder with its own forces) into economically feasible units to facilitate MBE/WBE participation. It is the bidder's res onsibility to demonstrate that sufficient work to facilitate MBE/WBE participation was made ailable to MBE/WBE firms. Items of Work Breakdown of Items EXHIBIT B D. The names, addresses and phone numbers of rejected MBE/WBE firms, the reasons for the bidder's rejection of the MBE/WBE, and the firms selected for that work (please attach copies of quotes from the firms involved): Firms Rejected Firms Selected E. Efforts made to assist interested MBE/ Es in obtaining bonding, lines of credit or insurance, and any, technical assistance or information related to the plans, specifications and requirements for thew rk which was provided to MBE/WBEs: i EXHIBIT B u i F. Efforts made to assist interested MBE/WBEs m obtaining necessary equipment, , supplies, materials or related assistance or services, excluding supplies and equipment the MBE/WBE subcontractor purchases or leases from the prime contractor or its affiliate: Pik s - G. The names of agencies, organizrMBEs/WBE contacted to provide assistance in contacting, recruiting and using WBE firms (please attach copies of requests to agencies or organizatsponses received, i.e., lists, Internet page download, etc.): Name of MResults Agency/Organization of Contact H. Any additional data to support a monstration of good faith efforts ( use additional sheets if necessary): EXHIBIT B 10 Roadway Engineering &Contracti ng Inc BIDDER'S FIRM NAME REFERENCES PLANS & SPECIAL PROVISIONS NO. 12762 Date: Ucil names,addresses and hone numbers for three public agencies for which BIDDER has The following are then p p performed similar work within the past two years: Public Agency's Contract Name,Title Name&Address Type of Project Contract Amount Date Completed &Phone Number 2. $ 3. S 1 EXHIBIT B # I O m C is c 34 l°q 0 A Z V) QD m 32 '9.c a �i '& 3d E Pl E ® z x N UU" m N_ n' V m m N v m cn L m w T d C E a y rn etl o c e y g Ec d3 G ip a m o w m > p ffi m a E a E U m n o. o w N N d U m m J m x w A a a Q p p p p p f 07 N N N K m C O G w w w w w w w w w N w w w w w w w w w w w w w w w w M N oiE .G .6 oiwm rn mock V . m6 •� E e m�Z1��r"n�m O 0Q"�v•i m W LL°��`' j+'' 3 W���$o O°o_U u t o!``w U Q G jjj 0 w S Ua_a m 3CpC o 3 Ni F���E r°W d x U L s c�-'gm w�QU O 'j.8m a��_8$W b(U Q'Ta 8 o rn e a(gg p61 0 a��rn c�o C�•'�C o 2 c U�m g n U Q s Q i rn ZtN i°m O E o 8 n S K, a m o C v am V''lpa 1 o o S m c_a yi'', QG CO•m io Y'>5-U o2 o i rn s(n a°cD 8 w a $N�S'N Y U�'UUa o`VcOr emta'x>'rnocm i pq�o>f O1u°n_qM n 0 m a—m O N�mD�i Y U_�d NN N`S.E g.Qrn l O.N°r U S c 0��.-'aN'C S°a eZ o N d n°w v 5 g�T te O�Scv v`qcm 5 V p'�o�.$3 tU-°W 9�F,-3 m a o L 3"m�i°�@ T t^$iD m�6 Ce'°C���S�C,i Y.n S c Uya a W°cp C n V��,m x U�&2_moo':u7J c�jj'+.SS Nf!LE N°`-QQ b°a'2��w�Oi'va o mS$tv�°m a m n m g�m°°•S c Q e S°v U J Z'v 'v m�r�—L 0�S 8 m n 6K d im�o o v� M c lc m a$J i aO�°yr 2S a L�> o Qo > om m 8 8 ca mz,�G m v�m$ne.SP�cN$�Q 1N m((-nO ai 9$.0 Ea 1 o�dU 3d 0 2 W m WW 6 mOf f¢¢p m c���3 o�a C ivy V=m>o$ .C '" >_•xN`g mm G c����gryn� ❑m i.p'm—N.��F�OeY_9 @5 r$d N�QQ - � en b>mco2 a�>l' i C Ec rn N 1tm VaY 0 N�" -a N .w V. Ul ° co ° h U) p s8o I 6m o V qU ° U a�0U EQ t �SP�I $ •g -,&,;U. l "iiwY 1 E a 'if tm o o 0 o u 3 co m g N N o y o co L cia i w o E u S o L n o m B o E a c b '6 O So o M 3 o U U S g ° n CD e � N d °- U e�pn�pO d�s m U U&$m p � rn rn w m °° o o S $ � � b o 0 0 0 0 0 0 0 0 0 0 0 0 0 'NO• o a Q o 0 Q. 6 i EXHIBIT B 4 ° _ E vd m L C S C W o p m d tE 'n as a U 0. 52 uj cn IR o N N o p Q O m m G O � � t0 (O (off t+y/ cFi ios o �Vy W & Wy pJ d e^ fV N w N w N w w w w N w w w w N w w M w N N w w w w me me w c S $ �yy j di Q C U C p� 0 m m $ fc7 C Ch ch m �p'S M� � U< m UE 3 jQ( s Us $ 33 c - A V y° tai a�add�E U c= 6 m a �+ Jj 16 Q crn U t- w�{ q1 .w^.. C Q C C �uC L y CY5.6 Lr :° > m� ^ v��m R 8 �� �� 3 FQ c�a a m E a_ U 8 Kb �� t �_ mim F �_aa cw < c� 5m ° �7 d.W g 5 m m 2 N E C c c c m f c E a w c7 w r1 Qr� s1 o> m mW m r n b wQ 4.1 � &'o 9 N Est Q s� dn ' 313 Q �au7 oU c ` co m� �!-° moQ'NU oiPi�r �i TiiGQ AAd Q Q Q a c m6 mn �iLi U �G.pm�QU°WUENgcmE�UrEi <Uba' • Um b 5 m u r mv>._;�^ r?m �i� � m C o c o v m >� NN(A mfd .W:�Uy N °cg�imy cy` .��N CSa ffE ;r��•8 5$ �aU�gB�Wm�MO� m� t � g��P° ' uimvi °mm $ v m� Na{a� NY�� BNm� LL m oa ^1K m N N O- i r c L m O O m L6 4 r O N 1� �O m p a, 4r, m Y:- •' m m a y P E v a W p n CL'II 1 o E E O T�a?�n y 3 a m LL g E (n U p o c V9 b °m> c u 3 z r7f-I m m E r 8 r n n n S 25 2S w _ ° H m. Q3 a W n W U .J o V m: EXHIBIT B o is a 4 _ e P a p w a a 2 in 3 y 9 m o n °o � to w m m m `� m m m o (Y ci S QC U f r m c � C =Q c ° a c c m tp to c bf 2S o c O ( 0O Q z m 'C 12 co p O W m L L U@ m U om � �iAa9 < WZWWQ0 �L agU °UN� _U°Q uZl U'�4� �°o Z'0 C��c W E �p�c.r6-U� P p' = mm ° a@ WE 12 ® cc 0 8P Y ~ Zff a0 W r O N n m N O1 W a N CI m t5 g � W - E m F o b U w � D w � U c Zl 5 S U U O $ H a o 0 0 0 o o CL` VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ROADWAY ENGINEERING AND CONTRACTING INC. This Vendor Service Agreement is entered into this _day of 2011, by and between Roadway Engineering and Contracting Inc. ("VENDOR") and the City of San Bernardino ("CITY" or"San Bernardino"). WITNESSETH:. WHEREAS, the Mayor and Common Council has determined that it is advantageous and in the best 'interest of the CITY to contract for the construction of the Verdemont Community Center and landscaping at Al Guhin Park; and WHEREAS, the City of San Bernardino did solicit and accept bids from available vendors for construction services per Plan No. 12762; and, WHEREAS,Vendor is the lowest and best bidder to provide said services to City; NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated, San Bernardino hereby engages the services of VENDOR to provide those products and services as set forth in Verdemont Community Center Bid Specifications Plan No. 12762, for the construction of the Verdemont Community Center and landscaping at Al Guhin Park, attached hereto as Exhibit`B" and incorporated herein by this reference. 2. COMPENSATION AND EXPENSES. a. For the services delineated above, the CITY, upon presentation of an invoice, shall pay the VENDOR, pursuant to the bid summary sheet for vendor attached hereto as Attachment "1" and made a part hereof, an amount not to exceed amount of 1 $374,615.00, for the construction of the Verdemont Community Center and landscaping at Al Guhin Park. b. No other expenditures made by VENDOR shall be reimbursed by CITY. 3. TERM; TERMINATION. The term of this agreement shall be from February 1, 2011 through June 30, 2011.This Agreement may be terminated at any time by thirty (30) days prior written notice by either party. The terms of this Agreement shall remain in force unless amended by written agreement of the parties executed on or before the date of expiration of the current term of the agreement. 4. INDEMNITY. Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, agents or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage, based or asserted upon any or alleged act or omission of Vendor, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of service under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the City, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its own expense, including attorney's fees the City, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. Vendor hereby waives any and all rights to any types of express or implied indemnity against the City, its elected officials, employees, agents or representatives, with respect to third party claims against the Vendor relating to or in any way connected with the accomplishment of the work or Awft- performance of services under this Agreement. 2 5. INSURANCE. While not restricting or limiting the foregoing, during the term of this Agreement, VENDOR shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of$1,000,000.00 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY of any change or termination in the policy. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or sexual orientation, or any other status protected by law. 7. INDEPENDENT CONTRACTOR. VENDOR shall perform work tasks provided by this Agreement, but for all intents and purposes VENDOR shall be an independent contractor and not an agent or employee of the CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for VENDOR and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. 3 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. VENDOR warrants that it possesses or shall obtain, and maintain a business registration certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of VENDOR to practice its business or profession. 9. NOTICES. Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: TO THE CITY: Parks Recreation and Community Services Director 1350 South "E" Street San Bernardino, CA 92408 Telephone: (909) 384-5233 TO THE VENDOR: Roadway Engineering and Contracting Inc. 8861 A Jurupa Road Riverside, CA 92509 Telephone: (951) 360-6834 Contact: Eric Alvarez 10. ATTORNEYS' FEES. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this paragraph. 4 i 11. ASSIGNMENT. VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the VENDOR's interest in this Agreement without CITY'S prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of CITY'S consent, no subletting or assignment shall release VENDOR of VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder for the term of this Agreement. 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the County of San Bernardino, State of California or the U.S. District Court for the Central District of California, Riverside Division. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. 13. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs, representatives, successors, and assigns. 15. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provisions. 5 i 16. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 17. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties, and supercedes any prior agreements and understandings relating to the subject manner of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. 1 6 a""' VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ROADWAY ENGINEERING AND CONTRACTING INC. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. 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C *� a) a _ M U UJ o vim) CO cn W o oy o� Q c 'C Y `U' N .` U U cu �- m a) .� «� cn Cl) W m c L) .� cn O t w co � � caUUU � � a) -o � a � cam � p cn " o acnU a) d Q 'LLD O U U U u°i o°'i a3i o o m E °) m M CL M M a) U -o CL � �— UdaaQQcncno � mQw � � c� zcncn � � w � cnUa > O C` N t'9 d tA, tD t� 00 O O V- N •M 'd' to (D 'N O CD B uxvl. :. ,., r r r, 'V- . t'�7 N N N N N�tV N.CN EXHIBIT B BID FORM TO THE DEPARTMENT OF PARKS, RECREATION AND COMMUNITY SERVICES AND THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO The undersigned declares that he has carefully examined the location of the proposed work, that he has examined the Plan and read the accompanying instructions to bidders and hereby proposes to furnish any and all required labor, materials, transportation and service for the CONSTRUCTION OF THE VERDEMONT COMMUNITY CENTER AT AL GUHIN PARK (PR 04-28) in strict conformity with Plans and Special Provisions No. 12762, of the Department of Parks, Recreation and Community Services for the City of San Bernardino and also in accordance with Standard Specifications for Public Works Construction, Latest Edition. Undersigned proposes and agrees if this bid is accepted, that he will contract with the Department of Parks, Recreation and Community Services and the City of San Bernardino, in the form of the copy of the contract annexed hereto, to provide all necessary machinery, tools, apparatus and other means of maintenance, provide a schedule of values for Lump Sum items to be adhered to for contract change order work,and to do all the work and furnish all the materials specified in the contract, in the manner and time therein prescribed, and that he will take in full payment therefor the following unit prices or lump sum prices, to-wit: BID NOTES: The unit price must be written in words and also shown in figures. All blank spaces appearing above must be filled in. In case of discrepancy in Bid Amounts,"UNIT"prices shall govern over extended amounts,and"WORDS"shall govern over"UNIT"figures. Total bid price for the entire contract work shall include the cost of labor, materials, equipment parts, implements, taxes and supplies necessary to complete the project, as based on the City Engineer's estimate of quantities of work. The total price must be extended for each item of work and the total of all items inserted in the space provided. Bidders shall complete and submit entire BID DOCUMENTS as their bid. Failure to do so will result in bid being non-responsive. BIDDER declares that this BID is based upon careful examination of the work site and the Bid and Contract Documents. B-1 EXHIBIT B BID SCHEDULE PLAN NO. 12762 CONSTRUCTION OF THE VERDEMONT COMMUNITY CENTER AT AL GUHIN PARK,(PR 04-28) ITEM ESTIMATED DESCRIPTION OF ITEMS UNIT PRICE TOTAL € NO. QUANTITY UNIT WITH UNIT PRICE WRITTEN IN WORDS IN FIGURES IN FIGURES 1 1 LS MOBILIZATION, at the Lump Sum price of Dollars & Cents LS $ 2. 1 LS TRAFFIC CONTROL, at the Lump Sum price of Dollars & Cents LS $ t 3. 1 LS CLEARING and GRUBBING, Unclassified Excavation and Unclassified Fill, at the Lump Sum price of Dollars & Cents LS $ 4. 2 EA PCC CURB RAMP including Retaining Curb; as required,per SPPWCI I I-4, at Dollars & Cents per EACH $ /EA $ 5. 760 LF PCC CURB, per CITY Std.200,Type"A", Modified per Plan, at Dollars & Cents per LIN.FT. $ /LF $ 6. 3200 SF PCC SIDEWALK per CITY Std.202,Modified 3 per Plan,at Dollars & Cents per SQ.FT. $ /SF $ 7. 265 TN ASPHALT CONCRETE, at Dollars & Cents per TON $ /TN $ B-2 EXHIBIT B BID SCHEDULE PLAN NO. 12762 CONSTRUCTION OF THE VERDEMONT COMMUNITY CENTER AT AL GUHIN PARK,(PR 04-28) ITEM ESTIMATED DESCRIPTION OF ITEMS UNIT PRICE TOTAL NO. QUANTITY UNIT WITH UNIT PRICE WRITTEN IN WORDS IN FIGURES IN FIGURES g 258 TN AGGREGATE BASE, CRUSHED. at Dollars & Cents per TON S /TN $ 9. 1 LS STREET CUTS&STRUCTURAL REPAIRS per CITY Std 310, at a lump sum price of Dollars & Cents $ LS $ 10, 190 LF SEWER SYSTEM, per CITY Stds.at Dollars & Cents per LIN.FT. $ /LF $ 11, 1 LS DOMESTIC WATER SERVICE AND DRINKING FOUNTAIN,COMPLETE, at a lump sum price of Dollars & Cents S LS $ 12. 1 LS MODULAR BUILDING(PIT SET), FOUNDATION,WET AND DRY UTILITY CONNECTIONS,AND STUCCO FINISH at a lump sum price of Dollars & Cents $ LS $ 13. 1 LS BASKETBALL COURTS,COMPLETE,at a lump sum price of Dollars & Cents $ LS $ 14. 1 LS AMPHITHEATER INCLUDING BLOCK WALL at a lump sum price of Dollars $ LS $ & Cents B-3 EXHIBIT B , BID SCHEDULE PLAN NO.12762 CONSTRUCTION OF THE VERDEMONT COMMUNITY CENTER AT AL GUHIN PARK,(PR 04-28) ITEM ESTIMATED DESCRIPTION OF ITEMS UNIT PRICE TOTAL NO. QUANTITY UNIT WITH UNIT PRICE WRITTEN IN WORDS IN FIGURES IN FIGURES 15. 1 LS ELECTRICAL AND TELEPHONE/DATA at the Lump Sum price of Dollars & Cents LS $ 16. 1 LS IRRIGATION INSTALLATION/ MODIFICATION, at the Lump Sum price of Dollars & Cents LS S 17. 1 LS LANDSCAPE INSTALLATION/ MODIFICATION at the Lump Sum price of Dollars & Cents LS $ 18. 1 LS GATES AND FENCE INSTALLATION/ MODIFICATION at the Lump Sum price of Dollars LS $ & Cents 19. 1 LS NPDES REQUIREMENTS(SWPPP,WQMP, BMP),per SECTION 6-1.03, at the Lump Sum price of Dollars LS $ & Cents 20. 1 LS SURVEYING SERVICE, per SECTION 6-1.10 at the Lump Sum price of Dollars & Cents LS $ B-4 i I EXHIBIT B i BID SCHEDULE PLAN NO. 12762 CONSTRUCTION OF THE VERDEMONT COMMUNITY CENTER AT AL GUHIN PARK,(PR 04-28) ITEM ESTIMATED DESCRIPTION OF ITEMS UNIT PRICE TOTAL NO. QUANTITY UNIT WITH UNIT PRICE WRITTEN IN WORDS IN FIGURES IN FIGURES 21, 4 EA STREET SIGN ON SINGLE POST per City Std.504,at Dollars & Cents per EACH $ /EA $ 22. 1 LS TRASH ENCLOSURE AND WASTE RECEPTICLES at the Lump Sum price of Dollars & Cents LS $ 23. 1 LS PARK SIGN,FOOTING,AND FENCE INSTALLATION/MODIFICATION , at the Lump Sum price of Dollars LS $ r & Cents 24. 1 LS PARKING LOT REDWOOD HEADER at the Lump Sum price of Dollars & Cents LS $ Z5. 1 LS CMP STORM DRAIN SYSTEM , at the Lump Sum price of Dollars & Cents LS $ 26. I LS RELOCATE EXISTING PICNIC AREAS at the Lump Sum price of Dollars & Cents LS $ 27, 1 LS STRIPING AND PAVEMENT MARKINGS, at the Lump Sum price of Dollars & Cents LS $ TOTAL BID$ B-5 EXHIBIT B i I SPECIAL PROVISIONS INSTRUCTIONS TO BIDDERS SECTION 1 1-1 SPECIFICATIONS AND PLANS 1-1.01 GENERAL -- The work embodied herein shall be done in accordance with the Standard Specifications for the Public Works Construction, Latest Edition, and City of San Bernardino Standard Drawings and San Bernardino Municipal Water Department Standard Drawings, insofar as the same apply and in accordance with the following Special Provisions. 1-1.02 DEFINITIONS -- Whenever in the Standard Specifications the following terms are used, they shall be understood to mean and refer to the following: Aeency - 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 Department of Parks, Recreation and Community Services, located at 1350 South "E" Street, San Bernardino. SP-1 P EXHIBIT B I i The mailing address for the City of San Bernardino's Public Works Department is: i City of San Bernardino ( Department of Parks, Recreation and Community Services 1350 South"E" Street San Bernardino, CA 92418-0001 s B 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 a 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 t have the intent and meaning specified in Section 1-2, "Definitions", in the Standard Specifications. 1-1.03 STANDARD SPECIFICATIONS - The Standard Specifications for the Agency are contained in the most current edition of the STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, "GREEN BOOK", as written and promulgated by the Public Works Standards, Incorporated, a mutual benefit corporation comprised of five members representing the American Public Works Association, and four members from the Associated General Contractors of California, the Engineering Contractors Association, the Southern California Contractors Association, and BNi Publications, Incorporated. i 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. f conflict between the Standard Specifications and the Special Provisions, the In case o p P Special Provisions shall take precedence over and be used in lieu of such conflicting portions. SP-2 EXHIBIT B ii References in the Special Provisions to "CALTRANS Standard Specifications" shall mean the Standard Specifications (Latest Edition) of the State of California, Department of Transportation. f References in the Special Provisions to Standard Plans shall mean the Standard Plans for the City of San Bernardino or other governing agency as specified. Applicable Standard Plans for this project are contained on the City of San Bernardino website and the San Bernardino Municipal Water Department website. Where the Plans or Specifications describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed complete and in place, that only the best general practice is to prevail and that only materials and workmanship of the first quality are to be used. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment, and incidentals and do all the work involved in executing the Contract. The Contractor shall meet or exceed the applicable Public Works Policies and Procedures unless directed otherwise by these Special Provisions or as directed by the Engineer. The plans and specifications of this project shall conform to the requirements of the City of San Bernardino Municipal Code and Public Works Construction Policies, the latest editions of the Standard Specifications for Public Works Construction (green book), the American Concrete Institute (ACI), the current California Building Code, the current California Plumbing Code, Caltrans Standard Specifications, and these Special Provisions. Wherever reference it made to any of the standards mentioned above, the reference shall 1 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 1 `.•- addendum duly issued and copy of such addendum will be faxed and mailed or delivered to each SP-3 EXHIBIT B ti ,lam person of record as receiving a set of such documents. The CITY will not be responsible for any other form of explanation or interpretation of the proposed documents. 1-1.06 ADDENDA OR BULLETINS -- All Bidders are advised as to the possibility of issuance of addenda affecting the items, scope or quantity of the work required for this project. Each Bidder shall be fully responsible for informing themselves as to whether or not any such addenda have been issued. The effect of all addenda to the Contract Documents shall be considered in the bid and said addenda shall be made a part of the Contract Documents and shall be returned with them. Failure to cover in a bid any such addenda issued may render the bid irregular and may result in its rejection by the CITY. 1-1.07 PLANS AND SPECIFICATIONS TO BE PROVIDED -- The CITY will provide the Contractor with five (5) sets of Plans and Specifications at no cost after the Award of Contract. The Contractor shall obtain all additional sets at its own cost. 0 SP-4 I EXHIBIT B i I SECTION 2 2-1 BID REQUIREMENTS AND CONDITIONS 2-1.01 GENERAL -- Bids must submitted on the bid form contained herein. All bids shall be signed, sealed and accompanied by cash, cashier's check or bid bond made payable to the City of San Bernardino, in the amount of ten percent (10%) of the bid. Such cash, check or bond shall be given as a guarantee that the bidder will enter into the contract if awarded to him. In the event the bidder, to whom the contact is awarded, refuses to execute said contract, and/or fails to file the necessary bonds and insurance certificate within ten (10) working days following the date of the CITY's Notice of Award letter, the Bidder shall be considered as not fully executing the contract. By not executing the contract, the use by the public of the improvements will be delayed and the public will suffer great damage. From the nature of the case, it would be extremely difficult and impractical to fix the amount of said damage. Therefore, the CITY and the bidder agree that the bid guarantee of 10% of the bid shall be paid to the CITY as liquidated damages and not as forfeiture. Bid bonds shall be underwritten by a surety company having a rating in Best's most recent Insurance Guide of "A" or better. Bonds must be issued by a surety who is listed in the latest version of U.S. Department of Treasury Circular 570 and is authorized to issue bonds in the State of California. The Form of Bid Bond is contained in the Bid Documents in Part I of the Special Provisions. Notarization of the signatures of the Principal and the Surety and the Power of Attorney of the signing Surety shall accompany this form. Any bid not accompanied by such bid bond will be rejected as invalid. 2-1.02 MINORITY AND WOMEN'S BUSINESS ENTERPRISES --A policy for establishing goals for participation of Minority and Women's Business Enterprises (MBE/WBE) was adopted by Resolution No. 95-409 of the Mayor and Common Council of the City of San Bernardino, on 11-20-95. This outreach program superseded Resolution No. 93-411 and the Standard Operation Procedures dated January 1994. Bidder's outreach efforts (good faith efforts)must reach out to MBEs, WBEs and all other business enterprises. Prime bidders could reasonably be expected to produce a level of participation by interested subcontractors of 15 %MBE and 5 % WBE on this project. Bidders shall make every reasonable effort to solicit bids from MBE/WBEs. A justification shall be provided to support the rejection of any bid from a minority or women's business enterprise, certified by Caltrans. SP-5 I y EXHIBIT B F I 1 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 Ili 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. d (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 1 ten calendar days* prior to the submission of bids, in one or more daily or weekly t newspapers, trade association publications, minority or trade oriented publications, trade journals, or other media specified by the CITY. 1 (4) The bidder provided written notice of its interest in bidding on the contract to those business enterprises, including MBEs and WBEs, having an interest in participating in such contracts. All notices of interest shall be provided not less than ten calendar days* prior to the date the bids were required to be submitted. In all instances,the bidder must document that invitations for sub-contracting bids were sent to available MBEs, WBEs and other business enterprises for each item of work to be performed. Certified minority (MBE/WBE) subcontractors and material suppliers for the San Bernardino area located in Caltrans District 8 are listed on the California Unified Certification Program (CUCP) DBE Directory and can be obtained by accessing the directory on the California Department of Transportation DBE website at http://www.dot.ca.govlhglbep/find certified.htm. SP-6 EXHIBIT B (5) The bidder documented efforts to follow up initial solicitations of interest by contracting the business enterprises to determine with certainty whether the enterprises were interested in performing specific portions of the project. (6) The bidder provided interested enterprises with information about the Plans, Specifications and requirements for the selected sub-contracting work. i (7) The bidder requested assistance from organizations that provide assistance in the recruitment and placement of MBEs, WBEs and other business enterprises not less than fifteen days*prior to the submission of bids. (8) The bidder negotiated in good faith with interested MBEs, WBEs and other business enterprises and did not unjustifiably reject as unsatisfactory bids prepared by any enterprises, as determined by the CITY. As documentation the bidder must submit a list of all sub-bidders for each item of work solicited, including dollar amounts of potential work for MBEs, WBEs and other business enterprises. (9) The bidder documented efforts to advise and assist interested MBEs, WBEs and —� other business enterprises in obtaining bonds, lines of credit, or insurance required by the CITY or Contractor. If the CITY has established expected levels of participation for MBE and WBE sub- contractors, failure to meet those levels shall not be a basis for disqualification of the bidder. A determination of the adequacy of a bidders' good faith effort must be based on due consideration of the indicia of good faith as set forth above. In the event that the CITY is considering awarding away from the lowest bidder or not awarding a contract to a proposed bidder because the bidder is determined to be non-responsive for failure to comply with the good faith indicia set forth above, the CITY shall, if requested, and prior to the award of the contract, afford the bidder the opportunity to present evidence to the Mayor and Common Council in a public hearing of the bidders' good faith efforts in making its outreach. In no case should the CITY award away pursuant to this program if the bidder makes a good faith effort but fails to meet the expected levels of participation. For the purposes of this Policy, "minority" shall be synonymous with "minority person" as defined in California Public Contract Code Section 2000(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. SP-7 l i I , EXHIBIT B The directions set forth herein shall take effect immediately, and all CITY Departments shall modify their implementation programs to the extent such programs are inconsistent with this policy. 2-1.04 SUBMISSION OF 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 Department of Parks, Recreation and Community Services, upon request, by 4:30 p.m. on the fourth working day following the day of the bid opening. *In the case short bid opening periods, proof of faxes requesting MBE, WBE participation and faxed requests for assistance in recruitment of MBEs and WBEs shall suffice. 2-1.05 REQUIRED LISTING OF PROPOSED SUBCONTRACTORS -- Each bid shall have listed therein the name and address of each subcontractor to whom the bidder proposes to subcontract portions of the work in the amount of 1/2 of one percent of his total bid or $10,000.00, whichever is greater, in accordance with the Subletting and Subcontracting Fair Practices Act, commencing with Section 4100 of the Public Contract Code. The bidder's attention is invited to other provisions of said Act related to the imposition of penalties for a failure to observe its provisions by using unauthorized subcontractors or by making unauthorized substitutions. A sheet for listing the subcontractors, as required herein, is included 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. SP-8 EXHIBIT B r ,%Nor 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. 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 finds facts or conditions that appear to be in conflict with the letter or spirit of the bidding documents,the Bidder shall notify the Engineer immediately. C. Submission of a Bid by the Bidder shall constitute conclusive evidence that, if awarded the Contract, it has relied and is relying on its own examination of the following: 1. The site of the proposed work. 2. Access to the site. 3. All other data and matter requisite to the fulfillment of the work. 4. The Bidder's own knowledge of existing facilities on and in the vicinity of the site of the proposed work under the Contract. 5. The conditions to be encountered. 6. The character, quality, scope and complexity o f the proposed work. 7. The quality and quantity of the materials to be furnished. t 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 EXHIBIT B 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. The 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 EXHIBIT B EtE t 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 calendar days after receiving and insurance policies, and execute the contract within 10 tale y g 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. 1 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 a 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 E 4 EXHIBIT B 4 I 3-1.04 DISQUALIFICATION OF BIDDERS -- In the event that any Bidder acting as a prime contractor has an interest in more than one submitted bid, all such submitted bids will be rejected and the Bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one Bidder and, while doing so, may also submit a formal bid as a prime contractor. No contract will be executed unless the Bidder is licensed in accordance with the provisions of the State Business and Professions Code. The Contractor shall fill out all documents contained in the Bid Document section, and comply with all the requirements of the Bid Documents and specifications contained in the Special Provisions. Failure of the bidder to fulfill the requirements of the Special Provisions for submittals required to be furnished after bid opening, including but not limited to BMP/SWPPP, traffic control and detour plans or escrowed bid documents, where applicable, will delay the issue 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 City of San Bernardino } �. bid offerings. 3 SP-12 i EXHIBIT B i I I SECTION 4 4-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK TIME OF COMPLETION AND LIQUIDATED DAMAGES 4-1.01 GENERAL -- Attention is directed to the provisions of Section 6-1, "Construction Schedule and Commencement of Work", Section 6-7.1, "Time of Completion", Section 6-8, "Completion, Acceptance and Warranty"and of Section 6-9, "Liquidated Damages" of the Standard Specifications and these Special Provisions. 4-1.02 PRE-CONSTRUCTION MEETING -- The Pre-Construction Meeting shall be within 10 working days of the notification of the award of the contract by the Mayor and Common Council. The Contractor shall, at the time of the notification of award, inform the Construction/Survey Manager of any special circumstances or conditions that might prohibit the Contractor from attending a Pre-Construction Meeting during this period, or from commencing work as scheduled. 4-1.03 NOTICE TO PROCEED -- The Notice to Proceed shall not be issued until all required documents have been submitted and approved by the CITY. The Contractor shall immediately notify and obtain the approval of the Construction/Survey Manager, prior to the Pre-Construction Meeting, should special circumstances or conditions exist that might prohibit the Contractor from providing all required documentation and commencing work as scheduled within 10 working days of the Pre-Construction meeting. Required documentation shall include the Contractor's applicable NPDES plan (for required submittal time refer to Section 6-1.03 of these Special Provisions), the proposed Construction Schedule, Traffic Control Plan and Traffic Detour Plan (as required). The Construction Schedule shall be supported by written statements from each supplier of materials or equipment indicating that all orders have been placed and acknowledged and setting forth the dates that each item will be delivered. The schedule shall be in the form of a tabulation, chart or graph. 4-1.04 WORKING DAYS -- The Contractor shall diligently prosecute the work to completion before the expiration of 60 WORKING DAYS from the date of the "NOTICE TO PROCEED". SP-13 i F EXHIBIT B i 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. __ e City of San 4-1.06 LIQUIDATED DAMAGES The Contractor shall pay to th ty 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 fmal 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 i t i EXHIBIT B SECTION 5 5-1 LEGAL REQUIREMENTS 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 damages arising from the prosecution of the contract work, as more fully described in Subsection 5-1.07, "Contractor's Liability", of these Special Provisions.. The Contractor agrees to protect, defend and indemnify the City of San Bernardino against loss, damage or expense by reason of any suit claims, demands,judgments and causes of action caused by the Contractor, its employees, agents or any subcontractor, or by any third party arising out of or in consequence of the performance of all or any operations covered by the Certificate of Insurance. The Contractor, at its option, may include such coverage under Public Liability coverage. l 5-1.02 LIABILITY INSURANCE -- The Contractor's attention is directed to Section 7-3, "Liability Insurance", of the Standard Specifications, providing that the Contractor shall furnish the CITY with a policy or certificate of liability insurance prior to execution of the contract. All of the Insurance Policies shall name the City of San Bernardino as an additional insured. The endorsement shall be provided by the broker or agent of the insurance company and shall be notarized to that effect. ACCORD Forms are not acceptable, nor forms signed by the broker, unless they have Power of Attorney to bind the insurance provider. (See attached sample forms.) Contractor shall maintain minimum limits of insurance no less than: 1. General Liability: $1,000,000.00 per occurrence and $2,000,000.00 aggregate for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this project/location; SP-15 EXHIBIT B 2. Products/Completed Operations: $1,000,000.00 per occurrence and $2,000,000.00 aggregate; 3. Automobile Liability: $1,000,000.00 per accident for bodily injury and property damage; 4. Employer's Liability: $1,000,000.00 per accident for bodily injury or illness; 5. Course of Construction: Completed value of the project. 5-1.03 WORKERS' COMPENSATION INSURANCE -- The Contractor's attention is directed to Section 7-4, "Workers' Compensation Insurance", of Standard Specifications, providing that the Contractor shall file a signed Certificate of Workers' Compensation Insurance before execution of the contract. 5-1.04 PAYMENT OF PREVAILING WAGE RATE -- The Contractor and all subcontractors shall pay each craft or worker employed on this project not less than the prevailing wage rates specified in Resolution No. 90-358 of the Mayor and Common Council of the City of San Bernardino. The Engineer shall have the right to interview any craft or worker on the project site in order to verify payment of prevailing wage rates in accordance with Resolution No. 90-358. Prevailing wages shall comply with current rates and all updates in effect on the date of the first advertisement by the City Clerk of the "Notice Inviting Sealed Bids". The Contractor shall comply with the provisions in Sections 10262 and 10262.5 of the Public Contract Code and Section 7108.5 of the Business and Professions Code concerning prompt payment to subcontractors. 5-1.05 PAYROLL RECORDS -- The Contractor's attention is directed to the following provisions of Labor Code Section 1776, The Contractor shall be responsible for the compliance with these provisions by his subcontractors. l (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 i EXHIBIT B Ar r (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 �I Contractor on the following basis: i I (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. e I (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. 3 5-1.06 EMPLOYMENT OF APPRENTICES -- This project is subject to the State of California Division of Apprenticeship Standards (DAS) requirements for the employment of apprentices. The Contractor's attention is directed to the provisions in the following section of the California Labor Code concerning employment of apprentices on public works projects: 1773.3 An awarding agency whose public works contract falls within the jurisdiction of Section 1777.5 shall, within five days of the award, send a copy of the award to the Division of Apprenticeship Standards. When specifically requested by a local joint apprenticeship committee, the division shall notify the local joint apprenticeship committee regarding all such awards applicable to the joint apprenticeship committee 1 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.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 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 3 persons, either workers or the public; or for damage to adjoining property from any cause which might have been prevented by the Contractor, or his workers, or any one employed by him; SP-17 t EXHIBIT B i VIII f 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 1 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. 1 Upon written notification, the Engineer will investigate the conditions, and if the Engineer determines that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding loss of anticipated profits, will be made and the contract modified in writing accordingly. The Engineer will notify the Contractor of his determination whether or not an adjustment of the contract is warranted. SP-18 EXHIBIT B f No conflict adjustment which results in a benefit to the Contractor will be allowed unless the Contractor has provided the required written notice. ( No contract adjustment will be allowed under the provisions specified in this section for any effects caused on unchanged work. Any contract adjustment warranted due to differing site conditions will be made in accordance with the provisions in Section 3-4, "Changed Conditions", of the Standard Specifications. 5-1.09 ATTORNEY'S FEES AND ARBITRATION -- The prevailing party in any legal action to enforce or interpret any provisions of this Agreement will be entitled to recover from the losing party all attorney fees, court costs and necessary disbursements in connection with that action. The costs, salary and expenses of the City Attorney and members of his office, in connection with that action, shall be considered as attorney's fees for the purposes of this Agreement. Caltrans Standard Specifications Section 9-1.10 regarding Binding Arbitration is hereby specifically excluded from this Contract. t 5-1.10 CITY BUSINESS REGISTRATION CERTIFICATE -- The Contractor warrants it possesses, or shall obtain, and maintain during the term of this Agreement, a business registration certificate pursuant to Title 5 of the City of San Bernardino Municipal Code, and any and all other licenses,permits, qualifications, insurance and approvals of whatever nature that are legally required of contractor/consultant/vendor to practice its profession, skill or business. Contractor shall obtain a City of San Bernardino Business Registration at his/her own expense. SP-19 EXHIBIT B ACORD FORM INSURANCE SAMPLE: ACCORD CERTIFICATE OF INSURANCE DATE(00/00/00/ PRODUCER THIS CERTIFICATE ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. COMMERCIAL ASSOCIATES INS„INC. THIS CERTIFICATE DOES NOT AMEND,EXTEND, OR ALTER 1226 EAST LA PALMA AVENUE THE COVERAGE AFFORDED BY THE POLICIES BELOW. ANAHEIM, CA 92807 COMPANIES AFFORDING COVERAGE (714)524-4949 FAX: (7145)524-4940 COMPANY A CNA-TRANSCONTINENTAL INSURED COMPANY B CNA-VALLEY FORGE YOUR COMPANY NAME COMPANY AND ADDRESS C C14UBB GROUP-FEDERAL INSURANCE 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 C'ON'T'RAC'T OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAN 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 S 1,000.000 X COMMERCIAL GEN LIABILITY FIRE DAMAGE(ANY ONE FIRE) $ 500,000 A CLAIMS MADE OCCUR MED EXP(ANY ONE PERSON) S 5,000 X OWNERS&CONTRACTOR'S PROT 102267576 02/0098 02/01/99 PERSONAL&ADV INJURY S 1,000,000 GENERAL AGREGATE $2,000,000 PRODUCTS-COMP/OPAGG 52,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S 1,000,000 X AUTO BODILY INJURY (Per Person) S B ALL OWNED AUTOS BODILY INJURY (Per cident) S BAP 5197135 02/01AA 02/01/99 SCHEDULED AUTOS RTY DAMAGE cident) $ HIRED AUTOS HI NON-OWNED AUTOS GARAGE LIABILITY S O ONLY-EACH ACCIDENT other than auto only: ANY AUTO EACH S ACCIDENT other than auto only S AGGREGATE WORKERS COMPENSATION AND X WORKERS COMP EMPLOYER'S LIABILITY I STATUTORY LIMITS C E.L.EACH ACCIDENT $1,000,000 2/01198 02/01r99 51,000,000 THE PROPRIRETOR/ I1CL E.L.DISEASE—EAEMPLOYEE PARTNERS/EXECUTN Sl 000,000 E OFFICERS ARE: EXCL E.L.DISEASE—POLICY LIMIT OTHER DESCRIPTION OF OPERATIONS LOCATIONS NEHIC'LES'SPECIAL ITEMS JOB LOCATION: ALL CALIFORNIA OPERATIONS OF THE NAMED INSURED RE: (INSERTPROJECT NAME) BELOW NAMES AS ADDITIONAL INSURED WITH RESPECT TO GENERAL LIABILITY AS REQUIRED BY PROJECT CONTRACT CERTIFICATE HOLDER CANCELLATION SMULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE CITY OF SAN BERNARDINO THE ISSUEING COMPANY WILL MAIL S DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMES TO THE DEPARTMENT OF PUBLIC WORKS LEFT 300 N. "D" STREET, 3RD FLOOR AUTHOMED REPRESENTATIVE SAN BERNARDINO,CA 92418-0001 JOHN E..SMII'H (Signature) ACCORD 25-S 1/95) 0 ACCORD CORPORATION SP-20 EXHIBIT B COMMERCIAL GENERAL LIABILITY NAMED INSURED: POLICY NUMBER: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED ------ OWNERS, LESSEES OR CONTRACTORS ( FORM B ) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART-OCCURRENCE SCHEDULE NAME OF PERSON OR ORGANIZATION: CITY OF SAN BERNARDINO DEPARTMENT OF PARKS, RECREATION AND COMMUNITY SERVICES 1350 SOUTH "E" STREET, 3'm FLOOR SAN BERNARDINO, CA 92418-0001 SUP 1 (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 BYAUTHORIZED REPRESENTATIVE FOR PROVIDER SUPPLY POWER OFATTORNEY GIVING AUTHORITY TO BIND CG 20 10 11 85 Authorized Representative for CNA Insurance Group Golden Eagle Insurance Company SP-21 's EXHIBIT B ! f i 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. 3 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 1 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 1 warnings except those required by safety laws for the protection of personnel. l SP-22 d l EXHIBIT B I I it 6-1.03 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) REQUIREMENTS -- The Contractor shall adhere strictly to Sections 7-8 and 7-10 of the Standard Specifications for Public Works (Green Book) throughout the entire project. The Contractor, without limitation, shall be responsible for providing and implementing Best Management Practices to comply with National Pollution Discharge Elimination System (NPDES) standards and practices. The Contractor shall be responsible, to the fullest extent possible, for preventing any contaminants, including soil, from entering any drainage system. The Contractor shall be responsible for having sufficient materials on hand and being prepared to provide erosion and sediment controls capable of preventing erosion from being washed into the storm drain system. The Contractor shall be responsible for maintaining equipment so that oil, grease, gasoline, diesel fuel, et al., do not contaminate areas subject to run-off. The Contractor and its Surety shall fully indemnify the CITY for any pollution damage and/or cleaning costs. All construction on off-site or on-site improvements shall adhere to NPDES (National Pollution Discharge Elimination System) Best Management Practices to prevent deleterious materials or pollutants from entering the CITY or County storm drain systems. i 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. Y 15. Keep a running log of all activities in connection with the Storm Water Pollution Prevention Plan(SWPPP). 16. Name a person, on site, responsible for complying with SWPPP. BEST MANAGEMENT PRACTICES ( BMPs ): Best Management Practices shall be defined as any program, technology, process, site criteria, operating method, measure, or device which controls, prevents, removes, or reduces pollution. The Contractor shall obtain and refer to the California Storm Water Best Management Practice Handbooks, Volume 3 Construction BMP Handbook and the Count�Regional Best Management Practices Handbook for Construction Activities. SP-23 i i EXHIBIT B �I 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 3 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 3 SP-24 i EXHIBIT B RUNOFF DIVERSION Sodding, Grass Plugging, and Vegetative Buffer strips Earth Dikes, Drainage Swales, and Lined Ditches Top and Toe of Slope Diversion Ditches/Berms '6 Slope Drains and Subsurface Drains I VELOCITY REDUCTION Flared Culvert End Sections Outlet Protection/Velocity Dissipation Devices Check Dams Slope Roughening/Terracing/Rounding SEDIMENT TRAPPING 3 Silt Fences Straw Bale Barrier Sand Bag Barrier F 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. 1 BMPs for contractor activities shall be continuously implemented throughout the project. Resources to implement BMPs for erosion control and sedimentation shall be readily available and implemented throughout the construction phase and whenever the National Weather Service predicts rain within 24 hours. BMPs for erosion control and sedimentation shall also be implemented prior to the commencement of any contractor activity or construction operation that may produce run-off, and whenever run-off from other sources may occur. STORM WATER POLLUTION PREVENTION PLAN (SWPPP): A Storm Water Pollution Prevention Plan (SWPPP) shall be defined as a report that includes site map(s), identification of construction and contractor activities that could pollute storm water, and a description of measures and practices to control the potential pollutants. The preparation and implementation of the SWPPP is intended to ensure that the Contractor will make every reasonable effort to prevent the pollution of water resources during the period of construction. All projects, regardless of size, shall have a SWPPP developed prior to the performance of any soil disturbing activities. SP-25 i EXHIBIT B s r s k 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.govlhqlconstruclstormwaterlmanuals.htm. SWPPP's over one acre shall be prepared under the supervision of, and signed by, a Civil Engineer registered by the State of California. All SWPPP's shall include and incorporate BMPs that address contractor activities, erosion, and sedimentation control. The SWPPP shall also include and incorporate appropriate BMPs for run-off generated by construction activities and other non-storm water sources. During all periods of construction, excavated soils which are stored on-site shall be completely covered with waterproof material and gravel bagged or bermed in order that, in the event of a storm, no soil becomes mixed with or transported by storm water run-off. If, during construction operations, field conditions change in a manner which, in the opinion of the Engineer, significantly deviates from how the SWPPP, as approved by the CITY, i addressed the current construction operation, the Engineer may direct the Contractor to revise the current construction operation and/or the SWPPP. Such directions will be made in writing and will specify the items of work for which the SWPPP is inadequate. No further work on these items will be permitted until the Contractor revises the construction operations to the satisfaction of the Engineer and/or until the Contractor submits a revised SWPPP and receives CITY approval. The Engineer shall notify the Contractor of the acceptance or rejection of the revised SWPPP within seven(7) working days from the date of submittal. The BMP (Best Management Practices) and/or SWPPP (Storm Water Pollution Prevention Plan) shall be submitted to the CITY for review and approval a minimum of ten (10)working days prior to the commencement of construction operations in accordance with this Section 6-1.03 of these Special Provisions. The CITY, as Permittee, is subject to enforcement actions by the State Water Resources Control Board, Environmental Protection Agency, and private citizens. The CITY may assess the Contractor a penalty of $1,000 for each calendar day that the Contractor has not fully implemented the BMP(s) or SWPPP specified for the Contract and/or is otherwise in noncompliance with these provisions. In addition, the CITY will deduct, from the final payment due the Contractor, the total amount of any fines levied on the CITY, plus legal and staff costs, as a result of the Contractor's lack of compliance with these provisions and/or less than complete implementation of the specified BMP(s)or SWPPP. SP-26 EXHIBIT B The CITY's NPDES Section shall be contacted prior to any work to determine whether or not the project will require the development of a Water Quality Management Plan (WQMP). THE CONTRACTOR SHALL COMPLY WITH THESE REQUIREMENTS AND CITY ENGINEER'S DIRECTIONS DURING THE COURSE OF CONSTRUCTION. The Contractor shall provide to the CITY, prior to beginning construction, the name and telephone number(s) of the Contractor and/or the Contractor's NPDES representative, which can be reached and will respond to calls 24 hours/day for emergencies during construction activity. Full compensation for the implementation of BMPs, including the construction, removal, and the furnishing of all necessary labor, equipment, and materials to comply fully with NPDES requirements shall be considered as included in the contract bid lump sum price, or if no specific bid item, the contract bid prices paid for the various bid items of work, and no additional compensation shall be allowed therefor. Full compensation for preparation of the SWPPP, revisions to the SWPPP, and all other related costs, including the construction, removal, and the furnishing of all necessary labor, equipment, and materials to comply fully with NPDES requirements shall be considered as included in the contract bid lump sum price, or if no specific bid item, the contract bid prices paid for the various bid items of work, and no additional compensation shall be allowed therefor. 6-1.04 PERMITS AND LICENSE -- The Contractor shall pay for and obtain a City Business Registration prior to the execution of the contract. Contractor shall obtain a City of San Bernardino Business Registration at his/her own expense. Prior to the commencement of work, the Contractor shall obtain a construction permit at no cost from the City of San Bernardino, Public Works Division, Engineering Section, located at San Bernardino City Hall, 300 North "D" Street, 3 d Floor, San Bernardino, CA 92418. The permit shall be kept in a readily available place on the job site at all times during construction. While no fee will be charged for the permit, no permit will be issued unless the Contractor provides a code reference number from USA. The Contractor shall obtain all required permits from all other City of San Bernardino Departments/divisions and/or agencies including, but not limited to, Building Inspection Division, Public Services — Sewer, Water, County Flood Control, Railroad, Caltrans, Fish & Game, Corp. of Engineers, Regional Water Quality Board, etc., at his/her own expense, unless otherwise stated in the Plans and Specifications. These fees and permits shall include water and sewer hook-up, meter, inspection and flagging fees. SP-27 EXHIBIT B 6-1.05 EXTRA WORK AND MARKUP -- Any extra work done shall conform to the 1 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 subjection, compensation for bonding shall be at the rate specified by the bonding company. i B. Work by Subcontractor When all or any part of the extra work is performed by a Subcontractor, the markup established above shall be applied to the Subcontractor's actual cost of such work, also a markup of 10 percent on the first $5,000.00 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000.00 of the subcontracted portion of the extra work may be added by the Contractor. 6-1.06 HOLIDAYS. WORKING DAYS AND HOURS -- The Contractor's activities shall be confined to the hours between 7:00 a.m. and 4:30 p.m., Monday through Thursday, excluding holidays, as defined in this section. Deviation from these hours will not be permitted without the prior consent of the Engineer, except in emergencies involving immediate hazard to persons or property. No traveled lane shall be closed during rush hour, (7:00 a.m. to 8:30 a.m. and 4:30 p.m. to 6:00 p.m., unless approved by the Engineer. The Contractor shall coordinate with the Engineer regarding working hours prior to start of construction. In the event of either a requested or emergency deviation, inspection service 1 fees will be charged against the Contractor. The service fees will be calculated at overtime rates, including benefits, overhead and travel time. 1 t The Contractor will coordinate inspections with the Public Works Inspector 48 hours prior to any work being done during evenings,Fridays or Saturdays. C) SP-28 EXHIBIT B I s 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 l lth, Thanksgiving Day and the Friday following, December 25th and the working day preceding or following (as directed by the Mayor and Common Council) and the last working day of the year. When a designated legal holiday falls on a Sunday, the following Monday shall be a designated legal holiday. When a designated legal holiday falls on a Saturday, the preceding Friday shall be designated a legal holiday. 6-1.07 PAYMENTS -- Attention is directed to Section 9-3, "Payments", and 9-3.2, "Partial and Final Payment", of the Standard Specifications and these Special Provisions. No partial payment will be made for any materials which are furnished, but not incorporated in the work. The Contractor shall submit "As Built" project drawings to the Engineer prior to the release of final payment and/or bonds. 6-1.08 PROJECT APPEARANCE -- The contractor shall maintain a neat appearance to the work including use of street sweeping. In any area visible to the public,the following shall apply: When practicable, broken concrete and debris developed during clearing and grubbing shall be disposed of concurrently with its removal. If stockpiling is necessary, the material shall be removed or disposed of weekly unless otherwise specified. The Contractor is encouraged to recycle all materials. The Contractor shall provide the City all documents as to the weight of materials removed during excavations in accordance with the requirements of AB939. 6-1.09 DISPOSAL OF EXCESS EXCAVATED OR REMOVED MATERIAL -- Unless otherwise specified, all excess excavation or removed material shall become the property of the Contractor and shall be disposed of by him away from the site of the work. 6-1.10 SURVEYING SERVICE -- The Contractor shall refer to the PROJECT LOCATION SURVEY DOCUMENTS section at the back of these Special Provisions for California Land Surveyors Association (CLSA) and Consulting Engineers and Land Surveyors of California(CELSOC) survey monument preservation guidelines. a SP-29 t EXHIBIT B c The Contractor shall perform and be responsible for the accuracy of surveying adequate for construction. A California registered Civil Engineer licensed to perform surveying or a California registered Land Surveyor shall perform any surveying or staking, as directed by the Engineer, at the expense of the Contractor. The Contractor shall preserve construction survey stakes and marks for the duration of their usefulness. If any construction survey stakes are lost or disturbed and need to be replaced, such replacement shall be by the Contractor at the expense of the Contractor. In case of missing or incorrect ties, the Contractor's Surveyor shall restore ties as necessary at the expense of the Contractor. The Contractor shall submit to the City a copy of all survey notes and a Certificate Record of Survey. All new and replaced survey ties shall be by transit method. All existing monumentation shall be tied and recorded prior to construction. Corner Records shall be filed, pre and post construction, in accordance with Section 8771 of the Business and Professions Code (AB 1414). Final monumentation of alignments and new R/W lines shall be performed in accordance with the State of California Surveys Manual (latest edition). Record of Surveys or In-Lieu Maps, as applicable, shall be prepared and filed. One reproducible (mylar) copy of all filed maps and one photocopy of all filed Corner Records or Records of Survey shall be delivered to the City within 30 days of such filings. Full compensation for preparation of the survey documents, revisions to the survey documents, and all other related costs, including the construction, removal, and the furnishing of all necessary labor, equipment, and materials to comply fully with these Special Provisions and the CLSA shall be considered as included in the contract bid lump sum price, or if no specific bid item, the contract bid prices paid for the various bid items of work, and no additional compensation shall be allowed therefor. 6-1.11 CLAYTON ACT AND CARTWRIGHT ACT -- Section 4551 of the State Government Code specifies that in executing a public works contract with the CITY to supply goods, services or materials, the Contractor or Subcontractor offers and agrees to assign to the CITY all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 commencing with Sec. 16700) of Part 2 of Division 7 of the Business and Professions Code, arising from purchase of goods, services or materials pursuant to the contract or subcontract. This assignment shall become effective when the CITY tenders final payment to the Contractor without further acknowledgement by the parties. SP-30 EXHIBIT B 6-1.12 PROJECT ERRORS, OMISSIONS, INCONSISTENCIES, AND/OR DISCREPANCIES -- In the event of errors, omissions, inconsistencies, and/or discrepancies among two or more portions of the Contract Documents, the Engineer may direct the Contractor to follow the most stringent requirements at no additional cost. If errors, omission, inconsistencies, and/or discrepancies appear in the Contract Documents or in the work done by others affecting this work, the Contractor shall immediately notify the Engineer prior to proceeding with the work, and the Engineer shall issue appropriate instructions. If the Contractor proceeds with the work so affected, without instructions from the Engineer, the Contractor shall remove the incorrect work or make the necessary corrections to comply with the Engineer's instructions at no cost to the City of San Bernardino. In case of conflicts, errors, omissions, inconsistencies, and/or discrepancies on the plan sheets, it is assumed that the bid included the cost for implementing and/or constructing the discrepancy that would have the highest dollar value. 6-1.13 EMERGENCY INFORMATION -- The names, addresses and telephone numbers of the Contractor and subcontractors, or their representatives, which can be reached and will respond to calls 24 hours/day, shall be filed with the Office of the City Engineer prior to beginning work. 6-1.14 MAINTENANCE OF EXISTING IMPROVEMENTS -- The Contractor shall protect and maintain all existing improvements and facilities in place to remain from the first day of work under this contract to acceptance. Contractor is responsible for replacing any damaged improvement or facility to original condition or better. 6-1.15 CONTRACTOR'S SAFETY RESPONSIBILITY -- The Contractor shall be solely and completely responsible for conditions of the jobsite, including safety of all persons and property during performance of the work. This requirement shall apply continuously and not be limited to normal working hours. Safety provisions shall conform to U.S. Department of Labor (OSHA), the California Occupational Safety and Health Act, and all other applicable Federal, State, County, and City laws, ordinances, regulations, codes, the requirements set forth below, and any regulations that may be detailed in other parts of the Contract Documents. Where any of these are in conflict, the more stringent requirement shall be followed. SP-31 EXHIBIT B 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. i C. The Contractor and its affected subcontractors shall attend safety coordination meetings. The minutes of their meetings shall be submitted to the Engineer. 6-1-17 MEETINGS -- A. The Contractor shall attend weekly progress meetings at the project site. B. In general, these meetings will be attended by the Contractor, the Engineer or his designee, and any subcontractors, suppliers, distributors or other concerned individuals with issues or items to discuss. C. Meeting minutes will be taken by the Engineer or his/her designee. The meeting minutes will be available to the Contractor at the following weekly meeting. The Contractor shall be responsible to distribute the meeting minutes to all parties performing work under his contract. D. The Engineer shall have the authority to require that a mandatory meeting be 1 held at any time during normal work hours. E. These meetings shall be attended by the Contractor, the Engineer or his/her designee, and may subcontractors specified by the Engineer. SP-32 EXHIBIT B Ar 6-1.18 CONTRACTOR'S LIABILITY -- The City of San Bernardino, the Mayor and Common Council, the City Manager or the City Engineer shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof; or for any of the materials or other things used or employed in performing the work; or for injury to any person or persons, either workers or the public; or for damage to any person or persons, either workers or the public; or for damage to adjoining property from any cause which might have been prevented by the Contractor, or his workers, or 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. SP-33 EXHIBIT B 6-1.19 ATTORNEY'S FEES AND ARBITRATION -- The prevailing party in any legal action to enforce or interpret any provisions of this Agreement will be entitled to recover from the losing party all attorney fees, court costs and necessary disbursements in connection with that action. The costs, salary and expenses of the City Attorney and members of his office, in connection with that action, shall be considered as attorney's fees for the purposes of this Agreement. Caltrans Standard Specifications Section 9-1.10 regarding Binding Arbitration is hereby specifically excluded from this Contract. 6-1.20 CITY BUSINESS 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 its own expense. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor. 6-1.18 PAYMENT -- Full compensation for conforming to the requirements of Section 6 shall be considered as included in the prices paid for the various contract bid items of work involved, and no additional compensation will be allowed therefor. SP-34 EXHIBIT B SECTION 7 7-1 UTILITIES 7-1.01 GENERAL -- The location of all utility substructures that may affect the work shall comply with Section 5, "Utilities", of the Standard Specifications and these Special Provisions. The Contractor shall notify the Engineer immediately of any conflict. The Contractor shall match existing products. The Contractor is responsible for coordinating work with the utility owners. Certain companies, governmental agencies, or their contractors may be working within the construction area. Certain utility facilities at various locations within the project limits may be removed, relocated, abandoned, or installed by companies' or agencies' contractors. The Contractor shall coordinate his work with utility owners and their contractors. The Contractor shall exercise due caution to prevent any damage 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 Division 195 North"D" Street San Bernardino, CA 92401 Phone: (909) 387-7224 Attn: Ellis Williams SP-35 EXHIBIT B 4. VERIZON 1980 Orange Tree Lane, Suite 100 Redlands, CA 92374-2803 Phone: (909) 748-6655 Attn: Control Desk 5. TIME WARNER TELCOM OF CALIFORNIA (ADELPHIA;CoMCAST 1500 Auto Center Drive Ontario, CA 91761-1561 Phone: (909) 795-3349 Attn: Stewart King 6. TIME WARNER TELCOM OF CALIFORNIA (ADELPHIA; TC I) 1500 Auto Center Drive Ontario, CA 91761-1561 Phone: (909) 798-8588 Attn: Mark Davenhauer 7. TIME WARNER TELECOM OF CALIFORNIA 3281 Guasti Road, Suite#350 Ontario, CA 91761 Phone: (909) 456-3697 Attn: Richard Wilkerson Cell: (714) 801-6141 8. A.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-36 EXHIBIT B 10. SPRINT COMMUNICATIONS Attn: Outside Plant Engineering 282 South Sycamore Street Rialto, CA 92376 Phone: (909) 874-7450 Attn: Lynn Durrett 11. MCI—Western Region OSP Outside Plant Construction 157 S. Lilac Street Rialto, CA 92376 Phone: (909)421-5309 Attn: Chuck Trimble 12. CHARTER COMMUNICATIONS 7337 Central Avenue Riverside, CA 92504-1440 Phone: (951) 343-5139 Attn: Dean Vandever 13. EAST VALLEY WATER DISTRICT 3654 Highland Avenue, Suite #18 Highland, CA 92346-2607 Phone: (909) 888-8986 Attn: Leida Etherton 14. SAN BERNARDINO COUNTY INFORMATION SERVICES NETWORK SERVICES Attn: Randy Miller, Division Chief 670 E. Gilbert Street San Bernardino, CA 92415 Phone: (909) 388-5910 Attn: Michele Watson 15. OMNITRANS 1700 W. 5th Street San Bernardino, CA 92411 Phone: (909) 379-7153 Attn: Allen Wild—Stops & Station Changes SP-37 EXHIBIT B 16. CITY OF SAN BERNARDINO INFORMATION SERVICES —COMMUNICATIONS 300 North"D" Street, 4th Floor San Bernardino, CA 92418 Phone: (909) 384-5947 Attn: Larry Martin 17. CITY OF SAN BERNARDINO PUBLIC SERVICES DEPARTMENT STREET DIVISION 234 S,Mt. View Avenue San Bernardino, CA 92408 Phone: (909) 384-5143 Attn: Elias Shehab 18. CITY OF SAN BERNARDINO PUBLIC SERVICES DEPARTMENT TRAFFIC SIGNALS & STREET LIGHTING 234 S. Mt. View, #110 San Bernardino, CA Phone: (909) 384-5129 Attn: Clemente Elizalde 7-1.02 CONTRACTOR'S RESPONSIBILITY -- The Contractor shall verify the location of all underground utilities and services, including potholing, before proceeding with the excavation work, requesting in advance the services of inspectors from the utility companies in order to ascertain said locations. Damage to underground utilities resulting from neglect on the part of the Contractor shall be corrected and paid for by the Contractor. 7-1.03 COOPERATION AND COLLATERAL WORK -- The Contractor shall conform to the requirements of Section 7-7, "Cooperation and Collateral Work", of the Standard Specifications. 7-1.04 UTILITIES NOTIFICATION -- The Contractor shall notify all owners of public utilities seventy two (72) hours in advance of excavating around any of their facilities and substructures and shall also provide the same notice to Underground Service Alert of Southern California, telephone number 1/800/422-4133. SP-38 EXHIBIT B 7-1.05 UTILITIES INTERFERENCE -- Utilities which are found, by exploratory location or by excavation, to interfere with the construction of this project will be relocated, altered, or reconstructed, or the Engineer may order changes in location, line or grade of the project structure, to be built in order to avoid said utility. The Contractor may coordinate the work with the utility owners. Abandoned utilities which interfere with the construction of any portion of this project, may be cut by the Contractor, the interfering portion of the utility removed and open ends of the pipe sealed with a suitable plug or cap. 7-1.06 PAYMENT -- Full compensation for conforming to the requirements of this Section, not otherwise provided for, shall be considered as included in the prices paid for the various contract bid items of work involved and no additional compensation will be allowed therefor. i SP-39 EXHIBIT B SECTION 8 8-1 DESCRIPTION OF WORK 8-1.01 DESCRIPTION -- The work to be done consists, in general, of clearing and grubbing, installing a modular building, amphitheater,basketball courts, parking lot, wet and dry utilities, curb ramps, sidewalk, curb, installing metal hand railing, infill application of aggregate base and asphalt pavement, modifying fencing with gates, removing/modifying landscaping and irrigation in the path of improvements, applying traffic striping and pavement marking, and other such items or details, not mentioned above, that are required by the Plans, Standard Specifications, or these Special Provisions to be performed, placed, constructed or installed. The work to be done shall include furnishing all materials, tools, equipment, labor, taxes and incidentals as required by the Contract Documents to construct the project. Addenda issued during the time of bidding shall become a part of the documents furnished to all bidders for the preparation of bids, shall be covered in the bids, and shall be made a part of the contract. Each Bid shall include specific acknowledgement in the space provided of receipt of all Addenda issued during the bidding period. Failure to so acknowledge Addenda may result in the Bid being rejected as not responsive. 8-1.02 STANDARD SPECIFICATIONS - The Standard Specifications for the Agency are contained in the most current edition of the STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, "GREEN BOOK", as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and the Southern California District of the Associated General Contractors of California. The Standard Specifications set forth above will control the general provisions for this Contract except as amended by the Plans, Special Provisions, or other contract documents. Only those Sections requiring amendment or elaboration or specifying options are called out. In case of conflict between the Standard Specifications and the Special Provisions, the Special Provisions shall take precedence over and be used in lieu of such conflicting portions. SP-40 EXHIBIT B References in the Special Provisions to "CALTRANS Standard Specifications" shall mean the Standard Specifications, Latest Edition, of the State of California, Department of Transportation. References in the Special Provisions to Standard Plans shall mean the Standard Plans for the City of San Bernardino or other governing agency as specified. Applicable Standard Plans for this project are contained in the Appendix of these Specifications. Where the Plans or Specifications describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed complete and in place, that only the best general practice is to prevail and that only materials and workmanship of the first quality are to be used. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment, and incidentals and do all the work involved in executing the Contract. Plans and specifications must conform to the requirements of the City of San Bernardino, American Concrete Institute (ACI), Uniform Building Code (UBC), Caltrans Standard Specifications, these Special Provisions and the Standard Specifications for Public Works Construction(green book) latest edition. Wherever reference it made to any of the standards mentioned above, the reference shall t be construed to mean the code, order or standard that is in effect on the first day of the advertised "Notice Inviting Sealed Bids". 8-1.03 CLEAN UP AND DUST CONTROL -- Clean up and dust control shall conform to provisions in Section 7-8.1, "Clean Up and Dust Control", of the Standard Specifications. The Contractor shall water down the site during periods of high winds as directed by the Engineer, including periods when the work is not actually in progress. Failure to respond to a directive to water the site in a prompt manner will result in the City making other arrangements to have this item of work done and the costs billed to the Contractor, or it shall be paid for by the Contractor as a deduction from his contract. 1 8-1.04 PROJECT LOCATIONS -- See separate bound Plans and Location List included in this document. SP-41 EXHIBIT B j 8-1.05 GENERAL -- Attention is directed to the provisions of Section 6-1, "Construction Schedule and Commencement of Work", Section 6-7.1, "Time of Completion", Section 6-8, "Completion, Acceptance and Warranty"and of Section 6-9, "Liquidated Damages" of the Standard Specifications and these Special Provisions. 8-1.06 PRE-CONSTRUCTION MEETING -- The Pre-Construction Meeting shall be within 10 working days of the notification of the award of the contract. The Contractor shall, at the time of notification, inform the Construction Engineer of any special circumstances or conditions that might prohibit the Contractor from attending a Pre-Construction Meeting during this period, or from commencing work as scheduled. 1 8-1.07 NOTICE TO PROCEED -- The Notice to Proceed will be issued within 10 working days of the Pre-Construction meeting. The Contractor shall immediately notify and s obtain the approval of the Construction Engineer, prior to the Pre-Construction Meeting, should special circumstances or conditions exist that might prohibit the Contractor from 1 commencing work as scheduled. 8-1.08 WORKING DAYS -- The Contractor shall diligently prosecute the work to completion before the expiration of 60 WORKING DAYS from the date of the"NOTICE TO PROCEED". 8-1.09 RESPONSIBILITY FOR DAMAGE -- Attention is directed to the provisions in Section 7-9, "Protection and Restoration of Existing Improvements", of the Standard Specifications. The Contractor shall indemnify and save harmless the City of San Bernardino, and all officers and employees thereof connected with the work, in accordance with the above section. SP-42 EXHIBIT B 8-1.10 DIFFERING SITE CONDITIONS -- During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before they are disturbed and before the affected work is performed. Upon written notification, the Engineer will investigate the conditions, and if the Engineer determines that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding loss of anticipated profits, will be made and the contract modified in writing accordingly. The Engineer will notify the Contractor of his determination whether or not an adjustment of the contract is warranted. No conflict adjustment which results in a benefit to the Contractor will be allowed unless the Contractor has provided the required written notice. No contract adjustment will be allowed under the provisions specified in this section for any effects caused on unchanged work. Any contract adjustment warranted due to differing site conditions will be made in accordance with the provisions in Section 3-4, "Changed Conditions", of the Standard Specifications. 8-1.11 SUSPENSION OF WORK -- In addition to the requirements specified in Section 6-3 of the Standard Specifications, the following shall apply: SUSPENSION OF WORK ORDERED BY THE ENGINEER -- If the performance of all or any portion of the work is suspended or delayed by the Engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the Contractor believes that additional compensation or contract time or additional compensation and contract time is due as a result of such suspension or delay, the Contractor shall submit to the Engineer in writing a request for adjustment within 7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment. SP-43 EXHIBIT B Upon receipt, the Engineer will evaluate the Contractor's request. If the Engineer agrees that the cost or time or cost and time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the Contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the Engineer will make an adjustment (excluding profit) and modify the contract in writing accordingly. The Engineer will notify the Contractor of his determination whether or not an adjustment of the contract is warranted. No contract adjustment will be allowed unless the Contractor has submitted the request for adjustment within the time prescribed. No contract adjustment will be allowed under the provisions specified in this section to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided for or excluded under any term or condition of this contract. 8-1.12 PUBLIC SAFETY -- In addition to any other measures taken by the Contractor pursuant to the provisions of Section 7-10, "Public Convenience and Safety", of the Standard Specifications, the Contractor shall install temporary railing (Type K) between any lane carrying public traffic and any excavation, obstacle, or storage area when the following conditions exist: (1) Excavations -- Any excavation near the edge of which is 12 feet or less from the edge of the lane, except: (a) Excavations covered with sheet steel or concrete covers of adequate thickness to prevent accidental entry by traffic or the public. (b) Excavations less than one foot deep. (c) Trenches less than one foot wide for irrigation pipe or electrical conduit or excavations less than one foot in diameter. (d) Excavations parallel to the lane for the purpose of pavement widening or reconstruction. (e) Excavations in side slopes,where the slope is steeper than 4:1. (f) Excavations protected by existing barrier or railing. SP-44 EXHIBIT B d (2) Temporarily Unprotected Permanent Obstacles --Whenever the work includes the installation of a fixed obstacle together with a protective system, such as a sign structure together with protective railing, and the Contractor elects to install the obstacle prior to installing the protective system; or whenever the Contractor, for his convenience and with permission of the Engineer, removes a portion of an existing protective railing at an obstacle and does not replace such railing complete in place during the same day. (3) Storage Areas -- Whenever material or equipment is stored within 12 feet of the lane and such storage is not otherwise prohibited by the Specifications. Except for installing, maintaining and removing traffic control devices, whenever work is performed or equipment is operated in the following work areas the Contractor shall close the adjacent traffic lane unless otherwise provided in the Specifications: Approach speed of public traffic (Posted Limit) (Miles Per Hour) Work Areas Over 45 Within 6 feet of a traffic lane but not on a traffic lane. 35 to 45 Within 3 feet of a traffic lane but not on a traffic lane. When traffic cones or delineators are used to delineate a temporary edge of traffic lane, the line of cones or delineators shall be considered to be the edge of traffic lane, however, the Contractor shall not reduce the width or an existing lane to less than 10 feet without written approval from the Engineer. The lane closure provisions of this section shall not apply if the work are is protected by permanent or temporary railing or barrier. When work is not in ro ress on a trench or other excavation that requires a lane closure P g q , the traffic cones or portable delineators used for the lane closure shall be placed off of and adjacent to the edge of the traveled way. The spacing of the cones or delineators will be not more than the spacing used for the lane closure. 1 . SP-45 EXHIBIT B j 8-1.13 LIQUIDATED DAMAGES -- The Contractor shall pay to the City of San Bernardino the sum of $500.00 per day for each calendar day's delay in finishing the work in excess of the number of working days prescribed above. In case all the work called for is not completed in all parts and requirements within the time specified, the City shall have the right to grant or deny an extension of time for completion, as may seem best to serve the interest of the City. The Contractor will not be assessed with liquidated damages during the delay in the completion of the work caused by acts of God or of the Public Enemy, acts of the State, fire not due to acts of Contractors or Subcontractors, epidemics, quarantine, restrictions, freight embargo, unusually severe weather, or delays of Subcontractors due to such causes provided that the Contractor shall, within ten (10) days from the beginning of such delay, notify the City, in writing, of the cause of the delay. The City will ascertain the facts and the extent of the delay, and the findings thereon shall be final and conclusive. The Contractor's proposed Construction Schedule, Traffic Control Plan and Traffic Detour Plan (as required) shall be submitted to the Engineer within ten (10) working days after the date of the Notice of Award of the Contract. The Construction Schedule shall be supported by written statements from each supplier of materials or equipment indicating that all orders have been placed and acknowledged and setting forth the dates that each item will be delivered. The schedule shall be in the form of a tabulation, chart or graph. 8-1.14 PROGRESS REPORTS AND ACCOUNTING OF CONTRACTOR WORKING DAYS -- The Contractor shall submit periodic Progress Reports to the Engineer by the tenth of each month. The report shall include an updated Construction Schedule. Any deviations from the original schedule shall be explained. Progress payments will be withheld pending receipt of any outstanding reports. Section 6-7.3 "Contract Time 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. 1 8-1.15 INSPECTION -- The Contractor is responsible to notify the Public Works/Engineering Division 48 hours prior to start of any work. Any work performed without inspection by the City is subject to rejection and removal of work performed and, at the Contractor's expense, the work will have to be reconstructed. For inspection after regular working hours, see Section 6-1.06 "HOLIDAYS, WORKING DAYS AND HOURS", of these Special Provisions. SP-46 EXHIBIT B 8-1.16 PERMITS AND LICENSES -- Prior to issuance of a "Notice to Proceed", Contractor shall obtain a City Business Registration from the City Clerk's Office, San Bernardino City Hall, 300 North"D" Street, 2nd Floor, San Bernardino, CA 92418. SP-47 EXHIBIT B SECTION 9 9-1 TRAFFIC CONTROL 9-1.01 GENERAL -- Attention is directed to Section 7-10, "Public Convenience and Safety", of the Standard Specifications for Public Works Construction, 2008 Edition, revised per 2005 Cumulative Supplement, and these Special Provisions. Warning signs, lights, cones, barricades and devices for use in performance of work upon highways shall conform to the "Manual on Uniform Traffic Control Devices", current edition, and the "California Supplement", current edition. The Contractor shall submit and obtain City approval for traffic control and traffic detour plans prior to the commencement of operations on a street. Traffic control plans shall be based on the most recent "Manual on Uniform Traffic Control Devices", and the "California Supplement", current edition. All temporary traffic striping and maintenance shall be done by the Contractor, including placement of temporary tape on all crosswalks. The Contractor shall restore all existing striping to original configuration as directed by the Engineer. All warning, regulatory and construction signs shall be fully reflectorized. The traffic cones to be used shall be thirty-six inches (36") in height, rubber or plastic, and be reflectorized. All work areas that remain after dusk must be properly lighted to the satisfaction of the Engineer. The Contractor shall take all necessary measures to maintain a normal flow of traffic to prevent accidents and to protect the work throughout the construction stages until completion of the work. The Contractor shall be responsible for implementing the approved traffic control plan based on the most recent "Manual on Uniform Traffic Control Devices" and "California Supplement". The Contractor shall make the necessary arrangements to provide and maintain barriers, cones, barricades, construction warnings, regulatory signs and any other safety control devices, including flagmen. The Contractor shall take measures necessary to protect all other portions of the work during construction and until completion, providing and maintaining all necessary barriers, barricade lights and striping, including crosswalks. SP-48 EXHIBIT B In addition to the foregoing traffic control and safety measures, the Contractor shall undertake immediately to implement any measures requested by the Engineer, as defined necessary to ensure the proper flow of traffic and the protection of the public and the safety of the workers. The Contractor shall maintain at all times the ability to respond to calls from the Engineer, including during non-working hours to replace or provide additional traffic control or safety devices as required. All places of business and residences along the streets that are within the limits of any work shall be notified by the Contractor in writing at least seven (7) days prior to commencement of work. This notification shall explain the sequence of work and indicate any restrictions of parking and access. Verbal notification shall be given to all places of business and residences at least 18 hours in advance of commencing work that will affect access to and from their properties. The Contractor shall notify all local authorities of his intent to begin work, in writing, at least seven (7) days before work is begun. 9-1.02 TURN RESTRICTIONS -- The Contractor shall post appropriate signs restricting turns when directed to do so by the Engineer. 9-1.03 PARKING RESTRICTIONS -- Unless otherwise provided herein, the Contractor may post temporary "NO PARKING" signs within the area of work as required to facilitate construction operations, subject to approval of the Engineer. Personal vehicles of the Contractor's employees shall not be parked o the traveled way at any time. The Contractor shall furnish, maintain, and install (seven days prior to the start of work) all "TEMPORARY NO PARKING" signs with the duration of the no parking time written on them. The Contractor will be responsible for posting, removing, and maintaining these signs as required for this project. The Contractor shall cooperate with local authorities relative to handling traffic through the area and shall make his own arrangements relative to keeping the working area clear of parked vehicles.. The Contractor shall obtain prior approval from the Engineer for removal of vehicles. 9-1.04 TRAFFIC LANES -- Traffic lanes shall have a minimum width of 10 feet. A minimum shoulder width of 2 feet shall be provided adjacent to curbs, posts and other similar obstructions, and 5 feet shall be provided adjacent to any excavation, unless otherwise authorized by the Engineer. SP-49 EXHIBIT B 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. If lane closures are approved by the Engineer, the full width of the traveled way shall be open for use by public traffic from 4:00 p.m. to 8:30 a.m., all day for Saturdays, Sundays, and designated legal holidays, after 3:00 p.m. on Fridays and the day preceding designated legal holidays, and when construction operations are not actively in progress on working days. The Contractor shall install signs to notify the public of days and times that traveled lanes or roads will be closed seven (7) days in advance of lane or road closures. No traveled lane will be closed without authorized approval given by the Engineer. If any traveled lane or road is allowed to be closed by the Engineer, the Contractor shall install signs to notify the public of days and times that traveled lanes or roads will be closed seven(7)days in advance of the lane or i road closure. The Contractor shall furnish, install, and upon completion of the work, remove all signs and warning devices required for directing, protecting, and detouring the public during construction. Emergency vehicles shall be permitted access at all times to any street. Unless otherwise authorized by the Engineer, pedestrian access shall be permitted to pass through the work area, or an approved detour shall be provided. Safe and adequate pedestrian access to all business establishments shall be continuous and unobstructed unless otherwise approved by the Engineer. SP-50 EXHIBIT B 9-1.08 PAYMENT -- Full compensation for furnishing and installing signs, lights, flares, barricades, traffic control plan and other traffic control devices, necessary to expedite passage of public traffic through the work area, shall be considered as included in the lump sum prices paid for "TRAFFIC CONTROL", and no additional compensation will be allowed therefor. The provisions in this Section may be modified or altered if, in the opinion of the Engineer, public traffic will be better served and work expedited. Said modifications or alterations shall not be adopted until approved in writing by the Engineer. Such approved modifications or alterations shall be adopted immediately and shall be considered paid in full as a part of the lump sum contract bid price for "TRAFFIC CONTROL", and no additional compensation will be allowed therefor. SP-51 EXHIBIT B SECTION 10 10-1 MOBILIZATION 10-1.01 GENERAL -- Mobilization shall comply with the requirements of Section 9-3.4, "Mobilization", of the Standard Specifications. Mobilization may include, but not be limited to, the following principle items: 1. Submittal and modification, as required, of the Construction Schedule. 2. Providing a Project Office. 3. Review of the Site. 4. Obtaining all required Transportation Permits. 5. Submittal of all required insurance certificates and bonds as required by these Specifications 6. Moving onto the site, including, but not limited to: a. Equipment 1 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-52 EXHIBIT B No work shall be started without prior approval of the submittals. Failure to comply with the preceding requirement will be sufficient ground for the Engineer to stop all work on the project until the requirements are met. 10-1.02 PAYMENT — The contract bid lump sum price paid for "MOBILIZATION" shall be deemed to include the cost of work in advance of construction operation and not directly attributable to any specific bid item, and no additional compensation will be allowed therefor. SP-53 EXHIBIT B SECTION 11 11-1 CLEARING AND GRUBBING UNCLASSIFIED EXCAVATION AND UNCLASSIFIED FILL 11-1.01 GENERAL -- Clearing and grubbing, unclassified excavation and unclassified fill shall comply with Section 300-1, "Clearing and Grubbing", Section 300-2, "Unclassified Excavation", and Section 300-4, "Unclassified Fill", of the Standard Specifications and these Special Provisions. The lump sum bid item for "CLEARING and GRUBBING, Unclassified Excavation and Unclassified Fill" shall include, but not be limited to, the following items as shown on the Plan, or as specified in the Special Provisions: 1. Removing existing concrete curbs, curb and gutter, ramp, sidewalk, cross gutter, spandrel, driveway approach and/or driveway, including saw cutting, as shown on the Plans, and as directed by the Engineer. 2. Removing asphalt concrete pavement and/or concrete pavement material, including saw cutting, as shown on the Plans, and as directed by the Engineer. 3. Removing and/or relocating any existing irrigation system or landscaping which is in conflict with sidewalk or access ramp construction, within the City 'l right-of-way, as directed by the Engineer. 4. Removing existing shrubs which are in conflict with sidewalk or access ramp construction, within the City right-of-way, as directed by the Engineer. i 5. Removing and relocating existing wrought iron fence behind sidewalk at right a of way, as shown on the Plans and as directed by the Engineer. 6. Remove concrete foundations as required and as directed by the Engineer. 7. Traffic stripes and the pavement markings to be removed will be designated by the Engineer. SP-54 EXHIBIT B Where blast cleaning is used for the removal of painted traffic stripes and pavement markings or for removal of objectionable material, and such removal operation is being performed within 10 feet of a lane occupied by public traffic, the residue including dust shall be removed immediately after contact between the sand and the surface being treated. Such removal shall be by a vacuum attachment operating concurrently with the blast cleaning operating. Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as provided in Section 7-1.09, "Public Safety", of the Standard Specifications. All removed concrete and other materials shall become the property of the Contractor and shall be disposed of outside of the right-of-way in accordance with Section 300-2.2, "Unsuitable Materials", and Section 300-2.6, "Surplus Material", of the Standard Specifications. The Contractor shall grade the roadway as required, provide all unclassified excavating and unclassified fill necessary for concrete curb, gutter, sidewalk, driveway approach and paving, as indicated on the Plans and described in these Special Provisions. Excess and/or unsuitable materials shall be removed from the site by the Contractor. Where unclassified fill and grading is necessary in preparation for laying concrete, it shall be made with clean earth which shall be solidly compacted to avoid future settlement. Outside the traveled way, in areas to receive concrete, soil shall be compacted to a relative density of not less than 90%. 1 Backfill for under the traveled way shall be compacted to a relative compaction of a minimum of 95%. i 11-1.02 PAYMENT -- The contract bid lump sum price paid for "CLEARING and GRUBBING, Unclassified Excavation and Unclassified Fill", shall be considered as full compensation for doing all the work involved in clearing and grubbing, unclassified excavation and unclassified fill, as directed by the Engineer, and no additional compensation will be allowed therefor. SP-55 EXHIBIT B Cost of compaction testing ordered by the Engineer shall be paid for in the following manner: 1. Tests which do not meet the required relative compaction shall be paid for by the Contractor, as a deduction from his contract. 2. Tests which do meet the required relative compaction will be paid for by the City. SP-56 i EXHIBIT B SECTION 12 THROUGH SECTION 13 BLANK SP-57 EXHIBIT B SECTION 14 14-1 ASPHALT CONCRETE 14-1.01 GENERAL -- Asphalt concrete shall comply with the requirements of Section 203-1, "Paving Asphalt", and Section 302-5, "Asphalt Concrete Pavement", of the Greenbook Standard Specifications and these Special Provisions. The Performance Grade of the asphalt concrete shall be PG 64-10. 14-1.02 TACK COAT -- Tack coat shall be applied in compliance with Sub-Section 302-5.4, "Tack Coat", of the Standard Specifications, and as directed by the Engineer. 14-1.03 PAYMENT -- The contract bid unit price paid per ton for "ASPHALT CONCRETE PAVEMENT", shall include full compensation for providing all the material and .�►. equipment and for doing all the work involved in placing material, including application of tack coat as required, overlaying, feathering (2' minimum width), complete in place, per the Plans, the Standard Specifications, these Special Provisions, and as directed by the Engineer, and no additional or separate compensation will be allowed therefor. SP-58 I EXHIBIT B I SECTION 15 15-1 AGGREGATE BASE 15-1.01 GENERAL -- Aggregate base shall comply with requirements of Section 200-2, "Untreated Base Materials", and Section 301-2, "Untreated Base", of the Standard Specifications and these Special Provisions, for crushed aggregate base. Crushed rock for aggregate base shall be 3/4-inch. 15-1.02 PAYMENT -- The contract bid unit price paid per ton for "AGGREGATE BASE, CRUSHED", shall include full compensation for doing all the work involved in preparing the subgrade and placing material as shown on the Plans and as directed by the Engineer, and no additional compensation will be allowed therefor. SP-59 EXHIBIT B SECTION 16 16-1 PORTLAND CEMENT CONCRETE 16-1.01 GENERAL -- Portland Cement Concrete construction shall comply with Section 201-1, "Portland Cement Concrete", and Section 303-5, "Concrete Curb, Walks, Gutters, Cross Gutters, Alley Intersection, Access Ramps and Driveways", of the Standard Specifications, as shown on the Plans, Standard Drawings and these Special Provisions. Portland Cement Concrete shall be Class 520-C-2500, with a maximum slump of four(4) inches. 16-1.02 PCC CURB RAMP -- Portland cement concrete curb ramp (ADA access including retaining curb as required, shall be constructed in accordance with the Public Works Construction Standard Plan No. 111-4, and as directed by the Engineer. "Aaft'. 16-1.03 PCC CURB, TYPE "A" -- Portland cement concrete curb, Type "A" shall be constructed in accordance with the CITY Standard Drawing No. 200, and as directed by the Engineer. 16-1.04 PCC SIDEWALK -- Portland cement concrete sidewalk, Case "A" or `B" modified per the Plan, shall be constructed in accordance with the CITY Standard Drawing No. 202, and as directed by the Engineer. SP-60 EXHIBIT B The above-referenced Public Works Construction and City Standard Drawings are made a part of these specifications. All work shall conform to the above standards to the extent feasible; however, emphasis shall be given to matching dimensions of adjoining improvements, subject to concurrence of the Engineer. It is the Contractor's responsibility for the ramp-type selection with concurrence from the Engineer, at every access ramp location, before proceeding to remove existing improvements. No removals shall be done until it has been determined by the Contractor that an access ramp can be installed that will meet all ADA requirements. The Contractor will be responsible for replacement of any pull boxes and/or pull box covers damaged prior to and/or during construction. The Contractor shall protect all existing structures and facilities which are adjacent to the limits of the work to be done under this contract, in accordance with Section 7-9, "Protection and Restoration of Existing Improvements", of the Standard Specifications and these Special Provisions. i 16-1.05 BONDING -- Joints between new and existing concrete shall be given 1 surface preparation as follows: 1. Joints made with the mass of existing concrete by cutting, chipping, or grinding shall be cleaned free of all loose deleterious material by thorough brooming and compressed air jetting. 2. Original surfaces or existing concrete shall be cleaned free of bitumens, grease, paint, and other deleterious materials and clean aggregate of at least 3/8-inch size shall be exposed by rock hammer abrasive blast cleaning or machine scarifying. 16-1.06 PAYMENT -- The contract bid unit price paid per linear foot for "PCC CURB" shall include full compensation for furnishing all materials, equipment and incidentals, and for doing all the work involved in constructing concrete curb, and concrete curb and gutter with gutter modified to meet existing, complete in place, per the Plans the Standard Specifications, these Special Provision, and as directed by the Engineer, and no additional compensation will be allowed therefor. SP-61 EXHIBIT B L) The contract bid unit price paid per square foot for "PCC SIDEWALK" shall include full compensation for furnishing all materials, tools, equipment and incidentals, and for doing all the work involved in constructing concrete sidewalk, sidewalk by-pass a minimum of 4' wide, spandrel and cross gutter, modified to meet existing, complete in place, per the Plans, the Standard Specifications, these Special Provisions, and as directed by the Engineer, and no additional compensation will be allowed therefor. The contract bid unit price paid per square foot for "PCC CURB RAMP (ADA ACCESS)" shall include full compensation for furnishing all materials, tools, equipment and incidentals, and for doing all the work involved in construction of the access ramp to meet current ADA access ramp specifications, complete in place, per the Plans, the Standard Specifications, these Special Provisions, and as directed by the Engineer, and no additional compensation will be allowed therefor. 3 There will be "No Payment" of any kind for access ramps that do not meet the ADA Standards and the APWA Standard Drawing No. 111-4 or Plan Details. Asphalt concrete that is used to fill the area from the Contractor's operations (area that is left after removing concrete forms from gutter face) shall be considered as included in the contract bid unit price paid per ton for "ASPHALT CONCRETE", and no additional ® compensation will be allowed therefor. 1 SP-62 EXHIBIT B SECTION 17 THROUGH SECTION 22 BLANK SP-63 EXHIBIT B SECTION 23 23-1 ROADSIDE SIGNS 23-1.01 GENERAL -- Relocation and new installation of roadside signs and posts shall be installed at the locations shown on the Plans or where directed by the Engineer, and shall conform to the Standard Specifications, the California Manual on Uniform Traffic Control Devices (MUTCD), and these Special Provisions. Signs and posts shall be installed in accordance with the CITY Standard Drawing No. 504, and as directed by the Engineer. New installation shall not impede into required ADA access distance around obstacles. A minimum clearance of 48" shall be maintained. 23-1.02 PAYMENT -- The contract bid unit price paid per each for "SIGN on Single Post", shall include full compensation for furnishing all labor, materials, tools, equipment and 'Ago- incidentals for doing all the work involved in removing and relocating roadside sign on single post, all complete in place as shown on the Plans, as specified in the Standard Specifications and these Special Provisions, and as directed by the Engineer, and no additional compensation will be allowed therefor. i i a SP-64 EXHIBIT B SECTION 24 THROUGH SECTION 49 BLANK SP-65 EXHIBIT B SECTION 50 50-1 REMOVAL AND RESTORATION OF EXISTING IMPROVEMENTS EXCEPT STREET PAVEMENT 50-1.01 GENERAL - All existing improvements (except utilities and street pavements) including, but not limited to curbs, gutters, cross gutters, spandrels, driveways and sidewalks, walls, fences, sprinkler systems, lawns, shrubs, trees, and traffic signs, traffic striping and traffic detector loops which are damaged or removed during the course of construction of the project shall be restored or replaced to a condition equal to or better than, in all respects, the existing improvements removed or damaged, unless otherwise specified or noted on the drawings. The removal and restoration of existing improvements shall be in accordance with the applicable provision of these Special Provisions, the Standard Specifications, Standard Drawing and the following requirements: 1. In the event a portion of curb, gutter or monolithic curb and gutter is damaged by the Contractor's operations, a minimum of 10 feet of curb, gutter or curb and gutter shall be removed and replaced regardless of how short a length is damaged. The Contractor shall begin said 10-foot section, if possible, at an existing joint or scoring line. If said 10-foot section ends within 3 feet of an existing joint or scoring line, then the removal shall extend to said joint or scoring line. 2. If concrete cross gutter is damaged by the Contractor's operations, the cross gutter shall be removed in its entirety and replaced. 3. Concrete sidewalk shall be removed in its entirety between scoring lines or between scoring line and joint. Prior to removal, scoring lines shall be saw-cut. 4. If a concrete driveway is damaged and is a single monolithic structure, it shall be removed in its entirety and replaced. 5. If a concrete driveway is damaged and is monolithic with the sidewalk, it shall be set off from the sidewalk by a saw cut along the edge of the sidewalk. The driveway shall then be removed in its entirety and replaced. SP-66 EXHIBIT E B I I 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. I 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. i 3 , i 3 3 3 7 a 33 d 3y 3 SP-67 t EXHIBIT B SECTION 51 THROUGH SECTION 55 BLANK SP-68 c� EXHIBIT B SURVEY PRESERVATION GUIDELINES AND ADDITIONAL PROJECT SPECIFICATIONS SP-69 I EXHIBIT B s i SURVEY MONUMENT PRESERVATION GUIDELINES CALIFORNIA LAND SURVEYORS ASSOCIATION & CONSULTING ENGINEERS AND LAND SURVEYORS OF CALIFORNIA Joint Professional Practice Committee - Riverside/San Bernardino and Desert Chapters (In Cooperation with the Riverside &San Bernardino County Surveyors Office) ICI PREFACE: i The preceding public survey documents are provided from a search of records on file in the City of San Bernardino, Office of the City Engineer. All work is to be performed by a person or under the supervision of a person authorized to practice Land Surveying(refer to Sub-section 6-1.10 "SURVEYING SERVICE"of these Special Provisions). All new and replaced survey ties shall be by transit method. The following regarding public works construction in the Public Right of Way is extracted from letter from the above agencies, dated April 13, 2007: NEW & RECONSTRUCTION PROJECTS A. PRIOR TO CONSTRUCTION (1.) The survey crew shall diligently search for all survey monuments of record and on the surface of the road. It is suggested (that)the search(sh)ould include the use of a metal detector. When the detector indicates the possibility of a buried survey monument,then digging below the surface to uncover the monument within 2"of the road surface is recommended. (2.) The survey crew shall properly reference all found survey monuments,which may be disturbed or covered during construction,to stable surface points. (3.) The authorized surveyor shall properly complete a Corner Record or Record of Survey for the monuments noted in(I)tem(2.), above. Prior to the start of any construction work,the original or a print of the Corner Record or Record of Survey shall be submitted '+ to the County Surveyor for review, signature and filing. B. AFTER CONSTRUCTION AND PRIOR TO RECORDING NOTICE OF COMPLETION 1. All covered and disturbed monuments shall be reset with the same or more durable type of monument as the original, in the surface of the construction. Key monuments shall be a minimum 1"inside diameter iron pipe of appropriate length. 2. A monument box or other protective structure is recommended to be placed around key monuments(section corners, quarter section corners). 3. The authorized surveyor shall properly complete a Corner Record of Record of Survey for all set monuments with a change in character, including tag number, and submit it to the County Surveyor for review, signature and filing. NOTE: Parentheses above indicate changes to original text. SP-70 EXHIBIT B P.O. BOX 90365, Pasadena, CA 91109-0368 PHONE, 626-798-7401 800-371-2438 FAX: 626-798-9482 BASKETBALL SETS 12C46-12P-U-PGN,l 4-uz O.D. GALV, STD.WALL PIPE(SCH.44) WITH 8`CANTILEVER ARM $ BRACE SET I WITH P-C. PERFORATED STEEL RECT. SHAPED BACKBOARD WITH ULTIMATE PLAYGROUND GOAL WITH NYLON NET co i i i EXHIBIT B MDF 400 SERIES DRINKING FOUNTAIN SPECIFICATIONS WATER QUALITY Fountain meets NSF-61 requirements and has a UL approved label with a UL tracking number. (LEAD FREE) PEDESTAL One piece weld construction with MDF standard 3/16" wall thickness or optional 304 schedule 10 stainless steel. RECEPTOR BOWL 18 gauge electro-polished stainless steel bowl.Bowl overlaps pedestal by'/16"'Prevents build-up of residue in visual drinking area.Optional SS Bowl Strainer recommended for areas with sand. BUBBLER HEAD Heavy-duty,stainless steel anti-squirt head mounted with lock nut and washer to prevent tampering.De- signed to deliver a constant stream trajectory.Natural shield to prevent contamination. PUSH BAR 304 stainless steel with 1'/4" x 2" stainless steel housing. Mushroom style push bar overlaps and prevents sand and other objects from sticking push bar in the ON position. CONTROL VALVE Non-cartridge stainless steel O-Ring valve delivers non-spurt, adjustable steady stream of water. 1 Washerless. WATER SUPPLY Maintenance-free reinforced nylobraid tubing and fittings,NSF-61 certified.This tubing is not plas- i [(LEAD tic.It is supplied with a '/z" MIP threaded inlet with a stainless steel strainer. Union fittings at every FREE) i connection.Supply line stops above grade. ;1 i FINISH Oven-baked powder coat.Color choices:green,blue,brown,black,red,yellow,orange,white and chrome. Textured color choices:emerald,sapphire,pyrite,text-black,burgundy,gold vein,copper and sandstone. Stainless Steel fountains are powder coated for added protection and all colors listed are available. WASTE 1'/2"schedule 40 PVC pipe.Waste line stops above grade. a ACCESS Working parts accessible through bowl of fountain for easy service. j INSTALLATION Optional installations are DIRECT BURY or SURFACE MOUNT. Direct Bury is designed to be bur- led a depth of 14" in the ground with concrete poured around it.Surface Mount is designed to be j anchored on top of an existing surface(concrete,etc.)with anchor bolts through a mounting plate that is welded to the fountain. Surface Mount fountains provide an access door with vandal-resis- tant stainless steel screws.Surface Mount Carrier recommended for all surface mount installations. Access door standard on all pedestal fountains. Flush Supply line before installing. WINTERIZATION Shut off water and drain down. I WARRANTY One year warranty.Labor not included. SHIPPING WT. Model 400.....................................................125 lbs. Model 450*.....................................................45 lbs. Model410*...................................................150 lbs. Model 493*...................................................150 lbs. Model 440*...................................................150 lbs. *Meets ADA regulations Note: When ordering,please specify installation by DB or SM,and stainless steel by SS.Always note your color choice and options where applicable.(Options are added at an additional cost to the customer.)Example:Specify 410 DBSS to order 410 Direct Bury Stainless Steel.Please call MDF to assist you with ordering,quoting and shipping. MOST DEPENDABLE FOUNTAINS,INC. LEAD FREE (800)552-6331 .(901)867-0039•Fax(901)867-4008 G�pSS►FjFo 5705 COMMANDER DR.•ARLINGTON,TN 38002-0587 www.mostdependable.com ( Q Q , Z t �N w w 0)C N _a- C) N � C N /Crc)LL N 0) 60 > - --- ! � N Lr N N 0 E C O O O O O} r Q O D Q Q N E O O Q ---------- - -:i60EL • NL4� UQ)=-5 N-D C6-0-D O x N OD� = O� O '-m u)� X Xm N N _ • - r)V) c O or y U o � o _ a) E C V> h ° C U OI a 7 �j l`EQ U E O C U o li Q c>cQ via a ° E ° ac v • (2 >, U) dNT N O FLU L1 0 GIU 0 O U Cw U 75 �O 30 7y C N"T� Q E E m o y a)co cLL� c c v Q ca Q C�to cn d 0 rn Z U)o=3 m �v 2-cn?� p °1� aci c Q �L c10 > m °- c u° E Z oa�io �� °Qm n.°-' 0 E O cm 3: �wL �- o W �> c oL „°- c � v O � � � o� E-.c E )-- ; o c°c o ac w a a"- a� � c - W c U WOO H ou, CD ccE v °� �_ o" d v m � � c> c� Q w u, E $ c o NQ w (q rn-° o c^ c .. V1 U E;= Jr- U U U v c ° cn °� o � 6 rn. =o U o c W 0 W ALL �C3 �w L.CT a O � 0 � � � 0 Q - ` Z- mWO c v,�� y �O - o O c „ou < . E a) 0 CO v, o o (n H E o LL i W o a),-- c Q W"�Y �rn �� W o vv,,°° ca d �•c c0 U N hD Evcn m� oo0 co VOO W n�"c (n 0 ` ° OZ U c U m- rn2 c dc° U ° `- Q aa) o E `p lL v LL m y (� E(. c _ rnL o avi E c .� p W D � cfl UW cai�i Z d� a) .2 3 Yom' cEN W o WE N °� Z6 N B > ° w n Q as 0 0 ~ w Qc 26 c 0 Q cm • . d� E � rn �C� � Q 3 � o o � c � �Hc— 7 2 (n = L N m v a v c O0 • • E °moo' M � 2 16� U)o� N (n a) U W C m o io >- 3 Y v 3 - �--� n E`U N U cn W N J c -� a�$ 0 "� o :3 Z `p 3 c`o W ono WJ QQ m� oQ C75 3: o �c U Q Q�c. c`oio0� W vW J v � ,� ALL c �LL �vE mo U °�aQQ �.c � �. Oc3C> W� WwLCU� �� m.2E 2 , W U) oinEE Z Z 0" Z .° o o'� H m ° ° o d L.0 aS o y ' N I� �WI�CQC � �m"� CQC > 20 a�ca a CQC 2L � o_ W cnccnU �jQ Wy � ar a. dv� V G a..9 C G >fn(n > a3 Q G O a. d.L-. c6 Q f6 m U > H 0 �� Q N K) Aft � N O � s +� L � o U _ O _ p CV _ � N K7 � to N IIIITIIIIiII� dMTHINS INC. recommended Minimum Footing and Anchoring Method for Model 7105 with bane -F8 O.C." � 24" 1. Cast(2) mounting thru holes (grout pockets) minimum diameter 24" 3", in footing ao shown 1 2. Insert pipe(supplied with Sign) into holes in bottom of Sign and secure with epoxy _Minimum below Grade. 3. Fill grout pockets with liquid grout Add height needed above grade. cement and lower sign on to footing using epoxy between Sign and footing for final anchoring * This footing io the minimum below grade requirement ao reccomended by Outdoor Creeations, Inc. Any additional requirement ouch ao additional height, inset mounting pocket, changes to mounting method for local code requirements, etc. To be the responsibilty of the customer. EXHIBIT B I Master Wall® One Coat Stucco (OCS) Level I Section 09 24 23 Corporate • P.O. Box 397 • Fortson • Georgia . 31808 • 800-7SS-0825 FAX 706-569-6704 Technical •800-760-2861•FAX 734-433-0930 PART 1GENERAL 1.01 SECTION INCLUDES A. Materials and installation of one coat stucco system. I 1.02 RELATED SECTIONS A. Provide all materials, labor, and equipment to install the Field Applied and/or Panelized Master Wall Inc. One Coat Stucco System(OCS). B. Related Sections: 1. Concrete 03300 2. Unit Masonry 04200 3. Light Gauge Steel Framing 05400 j 4. Sheathing 06100 S. Sheet Metal Flashing and Trim 07620 6. Sealants 07900 7. Doors and Windows 08000 1.03 REFERENCED DOCUMENTS A. ASTM Standards: 1. C 847 Standard Specification for Metal Lath 2. C 897 Aggregates for Job Mixed Portland Cement-Based Plaster 3. C 926 Standard Specification for Application of Portland cement-Based Plaster 4. C 1032 Standard Specification for Woven Wire Plaster Base 5. C 1063 Installation of Lathing and furring for Portland Cement-Based Plaster 1.04 TERMS/DEFINITIONS A. Accessories —The closure trims, control joints metal reinforcement and mechanical fasteners used in the installation of stucco. B. Admixture —The addition of Master Wall Stucco Ad Liquid to improve the setting characteristics of the OCS. C. Applicator—The contractor that applies the OCS. D. Aesthetic Projection—Typically a trim piece constructed of OCS or a Master Wall Aggre-flex Exterior Insulation and Finish System(EIFS) material. x t Page 1 of 14 j I EXHIBIT B i k Master Wall® MLUJ One Coat Stucco (OCS) Level I Section 09 24 23 Corporate • P.O. Box 397 . Fortson • Georgia • 31808 • 800-755-0825 FAX 706-569-6704 Technical •800-760-2861•FAX 734-433-0930 E. Building Expansion Joint — A joint through the entire building structure designed to accommodate structural movement. F. Control Joint—a joint in the OCS designed to reduce and control thermal and shrinkage cracking. G. Elastomeric—Factory mixed acrylic designed to bridge minor cracking in stucco. H. Designer—The person or firm that is responsible to create the plans and specifications for the entire project. I. Expansion Joint — A designed joint in the continuity of a material, assembly, or system, designed to accommodate movement. j J. Finish Coat —An acrylic based, factory mixed decorative and protective coating that is applied to the base coat. K. Insulation Board — Molded Expanded Polystyrene Board, manufactured in accordance with the EIFS manufacturer's specifications, attached to the substrate and covered with the reinforced base coat and finish. L. MEPS—Molded Expanded Polystyrene Board, reference Insulation Board. M. Reinforcing Mesh—Balanced, open weave, basic glass fiber mesh(es) supplied by the manufacturer of the EIFS, treated for compatibility with other materials of the system,which functions to strengthen the j system and adds impact resistance. N. Mechanical Fastener—Corrosion-resistant fastener intended for use with stucco. j O. Metal Reinforcement—Various forms of metal used to reinforce and support the stucco. P. OCS—One Coat Stucco, a cementitious material consisting of Portland cement, fibers and proprietary components. j Q. Sheathing—A substrate in a sheet form. R. Substrate—The material to which the OCS is attached. S. Trims—Specially manufactured products designed to terminate the OCS. 1.05 DESIGN REQUIREMENTS A. Structural ' 1. Design for maximum allowable system deflection, normal to the plane of the wall, of U360. 2. Design for wind load in conformance with code requirements. Also consult applicable code compliance report. B. Moisture Control 1. Prevent the accumulation of water into or behind the OCS, either by condensation or leakage into the wall construction, in the design and detailing of the wall assembly. a. Provide corrosion resistant flashing to direct water to the exterior where it is likely to penetrate components in the wall assembly, including, above window and door heads, beneath window and door sills, at roof/wall intersections,decks, abutments of lower walls with higher walls, above y projecting features, and at the base of the wall. b. Wall System Design—design wall to eliminate vapor condensation within the wall assembly. c. Weather Resistant Barrier—Provide a barrier over framed construction consisting of a minimum of two-layers asphalt felt meeting ASTM D-226, Type 1, Grade D or building code-approved alternate. Verify requirements with local building code authority. d. Protect sills of rough openings with water resistant barrier or"peel and stick"type membranes recognized by local codes. Where casing bead is used back-to-back at expansion joints back i joints with barrier membrane. Refer to Master Wall details. C. Grade Condition 1. Keep OCS a minimum of 6"to 8"above grade in framed construction(varies by Code). a Page 2 of 14 EXHIBIT B Master Wall® One Coat Stucco (OCS) Level l Section 09 24 23 Corporate • P.O. Box 397 • Fortson • Georgia • 31808 • 800-755-0825 • FAX 706-569-6704 Technical •800-760-2861.FAX 734-433-0930 I D. Aesthetic Projections 1. Aesthetic projections may be formed out of OCS or EIFS. Slope all projections a minimum of 1:2 to shed water. Follow local code guidelines for the installation of foam plastic insulation (maximum 4"thick). E. Expansion Joints 1. Provide expansion joints where directed by the design professional. Common locations include the following: A. Where building movement is anticipated. B. At dissimilar substrates. C.At floor lines in certain wood framed constructions. D.Where the stucco meets dissimilar materials. 2. Expansion joint design depends upon the anticipated movement. Master Wall suggests the following minimum sizes, subject to design acceptance: Windows/Doors–3/8", Building Expansion/Dissimilar Substrates& Materials–'h", Floor Line(shrinkage)–'/:'. F. Control Joints 1. Provide control joints where directed by the design professional. Common locations include the following: A. To limit cracking in the system at a maximum area of 144 ft2 (13.4 m2). �►. B. Length to width ratio should not be more than 2.5:1. C. Off the corners of window/door heads or jamb. D. At dissimilar substrates. ,%""` 2. Increase joint requirements where thicker stucco or special structural conditions exist. 3. Typically control joints are tied to the metal lath,which is cut to make two discontinuous slabs. 4. When OCS is bonded to a solid substrate such as concrete or masonry the control joint requirements may be revised. Control joints may be aligned with any control joints in the plaster base. G. Provide appropriate sealant at stucco terminations using a sealant designed for cement/stucco use (sealant trades, Section 07920). H. Indicate location of joints, accessories and accessory type on architectural drawings. I. Fire Protection 1.Do not use foam plastic in excess of 4 inches(100 mm)thick unless approved by the code official. 2.Refer to manufacturer's applicable code compliance report for other limitations and fire-resistive assemblies that may apply. J.Solid Substrates 1.Provide surface plane tolerance not to exceed %.inch in 10 feet(3 mm in 1 m). 2.Concrete—prevent the use of form oil, curing compounds or other bond breakers that inhibit bond to the surface or provide for their removal. 3.Concrete Masonry—provide open texture concrete masonry units with flush joints. 4.Brick–soft to medium fired, porous to provide acceptable bond for stucco. Page 3 of 14 EXHIBIT B a Master Wall r One Coat Stucco (OCS) Level I Section 09 24 23 Corporate • P.O. Box 397 • Fortson • Georgia . 31808 • 800-755-0825 FAX 706-569-6704 Technical •800-760-2861•FAX 734-433-0930 1.06 PERFORMANCE REQUIREMENTS A. System Performance The OCS shall conform to the following minimum standards: ASTM Description Results Standard C67 Freeze/Thaw Pass ICBO ACII Criteria C109 Compressive Stren th 3000 psi E84 Surface Burning Flame S read=0, Smoke Develo ed=0 E119 Fire Rating One Hour E330 Transverse Load +/- 150 psf Ultimate. Allowable varies by Code G26 Accelerated Weatherina Pass 2000 Hours 1.07 SUBMITTALS A. The Applicator shall submit a list of completed projects of like size and complexity. B. The Applicator shall submit a certificate of training indicating that they have been given instructions on the proper installation of the OCS. C. The Applicator shall submit Manufacturer's current literature, brochures, specifications, and details. t D. The Applicator shall submit sufficient samples of each finish texture and color selected. The samples shall be prepared with the same tools and techniques required for the actual project. Color and texture should be approved based on the job site mock-up samples. E. The Applicator shall provide any shop drawings that may be applicable to the project for approval by the project architect. t 1.08 DELIVERY, STORAGE AND HANDLING A. Deliver all materials in original unopened packages with labels intact. Verify all quantities, colors, and textures against bill of lading. B. Store all materials protected from direct exposure to weather conditions and at temperatures not less than 40° F(4°C) or greater than 110° F (43°C). C. Stack insulation board flat,fully supported off the ground and protected from direct exposure to the sun. D. Material safety data sheets (MSDS) shall be supplied for the components of the OCS and be available at the job site. k 1.09 JOB CONDITIONS A. Ambient air temperatures shall be 40° F (4° C) or greater and rising at the time of installation of the Master Wall Inc. products and shall remain at 40° F (4° C) or greater for at least 24 hours after application. B. Provide supplemental heat and protection as required when the temperature and conditions are not in accordance with installation requirements. Sufficient ventilation and time shall be provided to ensure that materials have sufficiently dried prior to removing supplemental heat. C. Adequate protection shall be provided to prevent weather conditions (humidity, temperature, and precipitation)from having an affect on the curing or drying time of Master Wall Inc. materials. D. Adjacent materials and the OCS shall be protected during installation and while curing from weather and shall be protected from site damage. E. Coordinate installation of the OCS with related work specified in other sections to ensure that the wall assembly is protected to prevent water from getting behind the system. The cap flashing shall be installed as soon as possible after the finish coat has been applied. When this is not possible, temporary protection shall be provided immediately in this area. F. All sealants shall be installed in a timely manner. Protect open joints from water intrusion during construction with backer rod, or temporary covering, until permanently sealed. — Page 4 of 14 t 4 EXHIBIT B i C t n Master Wall' rte«= One Coat Stucco (OCS) Level I Section 09 24 23 Corporate • P.O. Box 397 • Fortson • Georgia . 31808 . 800-755-0825 FAX 706-569-6704 Technical •800-760-2861•FAX 734-433-0930 G. Sufficient manpower and equipment shall be employed to ensure a continuous operation, free of cold joints, scaffolding lines, and texture variations, etc. H. Solid substrates shall be allowed to cure long enough to support the stucco work. Minimum 28 days for concrete and masonry units. 1.10 REPAIR AND MAINTENANCE A. Refer to Master Wall Inc. specific repair and maintenance procedures. 1.11 LIMITED MATERIALS WARRANTY A. A Limited Materials Warranty shall be issued upon the receipt of a properly completed warranty request form. PART 2 PRODUCTS 2.01 MANUFACTURERS A. Master Wall Inc. B. Provide one coat stucco system from single source manufacturer. 2.02 BONDING AGENT A. Stucco Ad Liquid—water based acrylic resin bonding agent for brush or roller application to prepared masonry surfaces. 2.03 MOISTURE BARRIER (supplied by others) A. Minimum 14-lb/100 ft2 (0.683 kg/m2)vapor permeable asphalt saturated felt in compliance with ASTM D 226. B. Other weather barrier meeting the local building code criteria. 2.04 LATH (supplied by others; select one depending on type construction) A. Minimum No.20 gauge 1 inch (25 mm)self-furred galvanized steel woven wire fabric in compliance with ASTM C 1032. B. Minimum 1.75 Ib./yd2 (1.4 kg/m2)self-furred galvanized steel diamond mesh metal lath in compliance with ASTM C 847. 2.05 MECHANICAL FASTENERS (by others) A. Appropriate non-corroding fasteners,depending on the type framing or substrate: 1 1. Wood Framing—minimum 11 gauge, 7/16 inch (11 mm) diameter head galvanized roofing nails with minimum%inch (19mm) penetration into studs or minimum#8 Type S wafer head fully threaded corrosion resistant screws with minimum%inch (19 mm) penetration into studs. 2. Steel Framing—minimum#8 Type S or S-12 wafer head fully threaded corrosion resistant i screws with minimum 3/8-inch (9.5 mm) penetration into studs. 3. Concrete or Masonry—minimum#8 wafer head fully threaded corrosion resistant screws for masonry with minimum 1 inch (25 mm) penetration into substrate. B. Tie Wire-18 gauge galvanized and annealed low-carbon steel in compliance with ASTM A 641 with Class I coating. �- Page 5 of 14 1 EXHIBIT B R Master Wall® rte«.= One Coat Stucco (OCS) Level I Section 09 24 23 Corporate . P.O. Box 397 . Fortson . Georgia • 31808 • 800-7SS-0825 • FAX 706-569-6704 Technical • 800-760-2861.FAX 734-433-0930 2.06 ACCESSORIES (by others) A. Weep screed, casing bead, corner bead, cornerite, corner lath, expansion and control joint accessories. All accessories shall meet the requirements of ASTM C 1063 and its referenced documents: 1. PVC plastic in compliance with ASTM D 1784, cell classification 13244C. 2. Zinc in compliance with ASTM B 69. 3. Galvanized metal in compliance with ASTM A 653 with G60 coating. B. All accessories shall have perforated or expanded flanges and shall be designed with grounds for the specified thickness of stucco. j 2.07 JOB MIXED INGREDIENTS # A. Water: Clear, clean and potable without any foreign matter in the solution that may affect the color and 1 setting qualities of the cement, adhesive, base or finish coat. B. Sand: Clean, well graded sand free of deleterious materials in compliance with ASTM C 897. C. Cement: Type I or 1-II Portland cement meeting ASTM C-150. D. Stucco Admixture 1. Stucco Ad Liquid—water based acrylic resin admixture for Master Wall One Coat Stucco. 2.08 STUCCO (select one) A. Master Wall One Coat Stucco factory proportioned, fiber reinforced (or non-fibered) Portland cement based stucco for trowel or pump application, field mixed with graded sand (ASTM C 897) — and water. B. Master Wall Ready One Coat Stucco—factory proportioned, fiber reinforced (or non-fibered) Portland cement based stucco for trowel or pump application,field mixed with water. 2.09 EIFS BUILD-OUTS A. Adhesive 1. Foam & Mesh (F$M) Adhesive: An acrylic-based product mixed one-to-one by weight with Portland cement for use as the adhesive to bond insulation board to an approved substrate. 2. Master Wall Bagged Base Coat(MBB): A polymer based cementitious product mixed with 5 to 6 quarts of water for use as an adhesive. 3. F B M Plus: An acrylic-based product mixed one-to-one by weight with Portland cement designed for use as the adhesive to bond insulation board to an approved substrate. B. Insulation Board 1. Master Wall Insulation Board--nominal 1.0 Ib/ft3(16 kg/m3) Expanded Polystyrene(EPS) Insulation Board in compliance with ASTM C 578 Type I and Master Wall requirements. Minimum 1"to a maximum of 4"thickness. C. Reinforcing Mesh (select one): 1. Detail Mesh–nominal 4.5 oz./sq. yd. open weave glass fiber fabric, treated for alkaline resistance and compatibility with Master Wall Base Coats, and conforming to ASTM D-76, D-579, D-5035, and M I L-Y-1140. 2. Standard Mesh – nominal 4.5-oz./sq. yd. open weave glass fiber fabric, treated for alkaline resistance and compatibility with Master Wall Base Coats, and conforming to ASTM D-76, D-579, D-5035, and MIL-Y-1140. Page 6 of 14 ) P ' EXHIBIT B Master Wall One Coat Stucco (OCS) i Level I Section 09 24 23 I Corporate • P.D. Box 397 • Fortson • Georgia • 31808 • 800-755-0825 FAX 706-569-6704 Technical • 800-760-2861.FAX 734-433-0930 D. EIFS Base Coats: 1. Foam & Mesh (F&M) Adhesive: An acrylic-based product mixed one-to-one by weight with Portland cement designed for use with reinforcing mesh as the base coating over the insulation board. 2. Master Wall Bagged Base Coat(MBB):A polymer based cementitious product mixed with 5 to 6 quarts of water for use as an adhesive and base coating over the insulation board. 3. F&M Plus: An acrylic-based high build product mixed one-to-one by weight with Portland cement designed for use with reinforcing mesh as the base coating over the insulation board. (This product shall be used where indicated on the construction drawings when a leveling base coat is required.) 4. Guardian: An acrylic-based product mixed one-to-one by weight with Portland cement for use as the adhesive to bond insulation board to an approved substrate and/or as a base coat with reinforcing mesh over insulation board. (This product should be used as designated on the construction drawings where additional resistance to moisture is needed.) 2.10 PRIMER(optional) A. Master Wall Primecoat: acrylic-based tinted primer. (Note:priming equalizes substrate absorption for a better-looking project) 2.11 FINISH COAT A. Superior Finish: Master Wall Inc.'s Superior Finishes are acrylic-based wall coatings available in a variety of colors and textures.The following textures are available: 1. Perfect-riled texture 2. Spray—sand type texture 3. R-Coarse—coarse riled texture 4. Desert Sand—coarse sand texture 5. Refinish—Fine texture used to create numerous finishes 6. Aggre-flex Superior Stone Finish—clear acrylic matrix filled with colored ceramic beads i B. Superior Elastomeric or Elastomeric Plus Finish (optional): Master Wall Inc.'s Superior Finishes using elastomeric polymers to bridge minor cracking. The following textures are available: 1. Perfect-riled texture 2. Spray—sand type texture 3. R-Coarse—coarse riled texture 4. Desert Sand—coarse sand texture 5. Refinish—Fine texture used to create numerous finishes (Note: The above textures excluding Aggre-flex Superior Stone Finish are also available in the Aggre-flex Superior Silicone Coat product line. Aggre-flex Superior Silicone Coat combines acrylic and the siloxane polymers to s provide the maximum resistance to moisture.) a Page 7 of 14 EXHIBIT B Master Wall MWOE Coat Stucco (OCS) Level I Section 09 24 23 Corporate • P.O. Box 397 • Fortson • Georgia • 31808 • 800-755-0825 FAX 706-569-6704 Technical •800-760-2861•FAX 734-433-0930 2.12 MIXING A. Stucco Ad Liquid: Shake sealed container or mix before use to a homogeneous consistency. B. Master Wall One Coat Stucco: Mix 200 lbs. (90 kg) of sand to an 80 lb (36 kg) bag of Master Wall One Coat Stucco. Add pre-blended dry mix to 5-7 gallons (19-27 L) of clean potable water. Mix with paddle type mortar mixer to a uniform consistency. Avoid retempering. Keep mix ratio consistent and mix each batch separately. Do not exceed maximum amount of water in mix ratio. C. Master Wall Ready One Coat Stucco: Each bag of Ready OCS is mixed with clean, potable water. Using a clean mixer,first add 1/2 to 2/3 the water required, 1 bag Ready OCS, then the rest of the water to achieve the desired workability. Mix materials for 3 to 5 minutes after all materials are in the mixer. Total water content can vary between 1 to 1.5 gallons. D. Foam &Mesh(F&M)Adhesive: Mix F&M at a weight ratio of 1 to 1 with Portland Type I or 1/I1,white or grey cement. Mix using a '/z",400-500 RPM drill motor and Wind-lock B-MTW Mixer or equivalent. Let stand for 3-5 minutes and remix until the desired consistency is achieved. Small amounts of clean water can be added for workability. Do not over mix. E. Master Wall Bagged Base Coat (MBB): Add 5 to 6 quarts of water with the 50-lb. bag in a clean bucket for mixing. Mix the MBB with a Wind-lock B-MTW Mixer or equivalent using a 1/;!", 400-500 RPM drill motor. Let stand for 3-5 minutes and remix until the desired consistency is achieved. Small amounts of clean water can be added for workability. Do not over mix. w F. F&M Plus: Mix F&M Plus at a weight ratio of 1 to 1 with Portland Type I or 1/I1,white or grey cement. Mix using a Y2",400-500 RPM drill motor and Wind-lock B-MTW Mixer or equivalent. . Let stand for 3-5 minutes and remix until the desired consistency is achieved. Small amounts of clean water can be added for workability. Do not over mix. G. Guardian: Mix Guardian at a weight ratio of 1 to 1 with Portland Type I or 1/II, white or grey cement. Mix using a 'W', 400-500 RPM drill motor and Wind-lock B-MTW Mixer or equivalent. . Let stand for 3-5 minutes and remix until the desired consistency is achieved. Small amounts of clean water can be added for workability. Do not over mix. H. Superior Finishes: Mix the finish coat with a Wind-lock B-MTW using a M!", 400-500 RPM drill motor. Small amounts of water can be added for workability. Mix until reaching a uniform consistency. (It is important that the same amount of water be added to each pail to ensure a consistent color.) I. Additives shall not be added to Master Wall Inc.'s materials unless written approval has been received from Master Wall Inc. I. Mix only as much material as can readily be used. J. Do not use anti-freeze compounds or other additives. Page 8 of 14 EXHIBIT B � master r Wall MLL=- One Coat Stucco (OCS) Level I Section 09 24 23 Corporate • P.O. Box 397 • Fortson • Georgia • 31808 . 800-755-0825 FAX 706-569-6704 Technical •800-760-2861•FAX 734-433-0930 PART 3 EXECUTION 3.01 INSPECTION A. Prior to the application of the OCS, the substrate shall be examined for compliance with the contract documents and Master Wall Inc. specifications. The substrate shall have no planar irregularities greater than %" in 10'. The General Contractor and Architect shall be advised in writing of any discrepancies. Work shall not proceed until unsatisfactory conditions are corrected. 3.02 PREPARATION A. Protect contiguous work from damage during application of the OCS. Temporary covering may be ! required to prevent over spray or splattering of exterior finish coatings on other work. B. Protect substrate from inclement weather during installation. Prevent infiltration of moisture behind the system that may affect the substrate or the adhesion of the insulation board to the substrate. I C. OCS,Adhesive, Base Coats and Finishes shall not be installed when ambient air temperature is below 40°F (4 0C). The temperature shall remain at or above 40°F (4°C) during mixing, application and until materials have cured. D. Sufficient scaffolding, manpower and tools shall be provided to prevent cold joints. E. The substrate shall be clean to obtain optimum bond between substrate and adhesive used to attach insulation board. F. Flashings shall be installed as required by construction documents and Master Wall Inc.'s details in a manner to prevent the intrusion of water behind the OCS.All flashing materials should direct the water to the exterior face of the finished system. 3.03 INSTALLATION, GENERAL A. Comply with the manufacturers' current published instructions, (specifications, details, data sheets and technical bulletins)for the installation of the OCS. B. Comply with local building codes. 3.04 SURFACE PREPARATION A. Concrete (Cast-in-Place) 1. Provide a surface that is slightly scarified, water absorbent, straight and true to within W in 10'- 0". Grind down any projections and remove any form release agents by an appropriate method. Establish surface profile by sandblasting, water blasting,wire brushing, chipping or other appropriate means. Remove all dust, dirt, grease, laitance or other bond inhibiting material. Pre-moisten highly absorbent surfaces with water or Stucco Ad Liquid prior to placement of stucco. B. Concrete Masonry Units 1. Remove projecting joint mortar so it is even with the plane of the wall. Remove surface contaminants such as efflorescence, existing paint or any other bond inhibiting material by sandblasting,water blasting, wire brushing, chipping or other appropriate means. Pre-moisten highly absorbent surfaces with water or Stucco Ad Liquid prior to placement of stucco. C. Gypsum Sheathing in compliance with ASTM C79, Glass Mat Faced Gypsum Sheathing in compliance with ASTM C 1177 and Exterior or Exposure 1 wood-based sheathing (plywood and OSB [Oriented Strand Board]). 1. Verify acceptable installation of sheathing according to the type of sheathing specified. 2. Protect the substrate with a moisture barrier as required by the applicable code and Install lath and accessories. Page 9 of 14 a 1 EXHIBIT B s Master Wall® VALU Coat Stucco (OCS) Level 1 Section 09 24 23 Corporate • P.O. Box 397 • Fortson • Georgia . 31808 • 800-75S-082S • FAX 706-569-6704 Technical •800-760-2861•FAX 734-433-0930 3.04 INSTALLATION After satisfactory inspection of surfaces and correction of any deviations from specification requirements commence the stucco installation in accordance with A or B below. A. Installation over new cast-in-place concrete or concrete masonry units(unreinforced): 1. Install foundation weep screed at the base of the wall. 2. Install casing beads at stucco terminations—doors,windows and other through wall penetrations. Install two piece expansion joints (or back-to-back casing beads) at joints in the supporting construction, building expansion joints, where the stucco is to be installed over dissimilar construction or substrates, at changes in building height, at floor lines, columns, and cantilevered areas as directed on the construction documents. Install one-piece expansion joints at corners of windows, doors and similar through wall penetrations, and every 250 ftz(23 m2). Install corner bead at outside corners and corner lath at inside corners. Install full accessory pieces where possible and avoid small pieces. Seal adjoining pieces by embedding ends in sealant. Abut horizontal into vertical joint accessories. Attach at no more than 7 inches (178 mm) on center into concrete/masonry with appropriate fasteners. 3. Pre-moisten concrete masonry units and absorbent concrete prior to the placement of stucco (unless Stucco Ad Liquid has been applied to the CMU surface). 4. Scratch Coat: apply the stucco with sufficient pressure to ensure intimate contact with the substrate and complete coverage to an approximate thickness of 1/4 inch (6 mm). Score the stucco upon completion of each panel in preparation for a second coat. Score horizontally. 5. Brown Coat: as soon as the first coat is firm enough to receive the second coat without damage, apply the second coat with sufficient pressure to ensure intimate contact with the first coat to an approximate thickness of 1/8" or%4' (3 or 6 mm) and as needed to bring the stucco to the desired thickness. Use a rod or straight edge to bring the surface to a true, even plane. Fill depressions in plane with stucco. 6. After the stucco has lost sufficient moisture so that the surface sheen has disappeared, float the surface lightly with a derby or wood float to density the surface and to provide a smooth, even surface. Float before the stucco becomes so rigid that it cannot be moved beneath the float. 7. Moist cure after the stucco has set by lightly fogging the surface for at least 48 hours except if Stucco Ad Liquid was used in the mix. Fog as frequently as required during the 48-hour period to prevent loss of moisture from the stucco. Avoid eroding the stucco surface with excess moisture. If relative humidity exceeds 75%the frequency of moist-curing can be diminished. B. Installation over frame construction with sheathing: 1. Weep Screed Installation a. Install foundation weep screed at the base of the wall securely to framing with the appropriate fastener. Locate foundation weep screed so that it overlaps the joint between the foundation and framing by a minimum of 1 inch (25 mm). Locate the foundation weep screed minimum 4 inches (101 mm) above earth grade, 2 inches(51 mm) above finished grade (paved surfaces,for example). 2. Weather Protection a. Protect sills of rough openings with barrier membrane. b. Apply moisture barrier in compliance with the applicable building code. Wrap paper into rough opening and lap over barrier membrane at jambs. Lap paper over foundation weep screed attachment flange and window/door head flashings. Refer to Master Wall Details. (Note: the exact installation of a weather barrier varies depending upon local building codes. Verify specific requirements with your local building official). Page 10 of 14 j i j EXHIBIT B e Master Wall nR Mas � mesas One Coat Stucco (OCS) Level l Section 09 24 23 Corporate P.O. Box 397 • Fortson • Georgia • 31808 • 800-7SS-082S • FAX 706-S69-6704 Technical •800-760-2861.FAX 734-433-0930 3. Casing Bead and Expansion Joint Installation a. Install casing beads at stucco terminations—doors,windows and other through wall penetrations. Install expansion joints (or back-to-back casing beads) at building expansion joints,where the stucco is to be installed over dissimilar construction or substrates,at changes in building height,at floor lines, columns, and cantilevered areas. Install one- piece expansion joints at corners of windows, doors and similar through wall penetrations, and every 144 ft (13.4 m2). Install full accessory pieces where possible and avoid small feces b embedding ends in sealant. Abut horizontal into vertical . Seal adjoining 9 feces Y pieces. 9P appropriate joint accessories. Attach at no more than 7 inches (178 mm) into framing with pp P riate fasteners. (Note:refer to architectural drawings for joint locations and accessory type. Moisture protection must be continuous behind joints and accessories.) I 4. Lath Installation 3 a. Diamond Mesh Metal Lath 1) General--install metal lath with the long dimension at right angles to structural framing. Terminate lath at expansion joints. Do no install continuously beneath joints. 2) Seams/overlaps–overlap side seams a minimum of 1/2 inch(13 mm)and end seams a minimum 1 inch(25 mm). Stagger end seams. Overlap casing beads and expansion joints minimum 1 inch (25 mm) over the narrow wing accessories and 2 inches over expanded flange accessories. Do not install lath continuously beneath expansion joints. t 3) Attachment--fasten securely through sheathing into structural framing at 7 inches (178 mm) on center maximum vertically and 16 inches on center horizontally*. Wire tie at ;j no more than 9 inches (225 mm) on center at: side laps, accessory overlaps, and j where end laps occur between supports. j a. Welded wire fabric lath—follow installation as for metal lath except overlap all j seams by one mesh minimum. b. Paper-backed lath—follow installation as for metal lath. Lap lath over lath, not paper to lath overlap. For horizontal overlaps the paper backing must lap shingle j style behind the lath-to-lath overlap. (*Note: the type fastener selected, its layout and pullout or withdrawal value from the 3 supporting construction must be verified and approved by the project engineer/architect with respect to design wind load and local building code requirements). 3 5. Control Joint Installation a. Install control joints at through wall penetrations,for example, above and below doors or windows (unless another type of expansion joint is already provided at these locations or one piece expansion joints are already provided). Install control joints over lath every 144 ft 2(13.4 m2) (as indicated on the construction documents). Wire tie control joints to lath at j no more than 7 inches (178 mm)on center. Make certain lath is broken beneath joints. 6. Inside and Outside Corners a. Install corner lath at inside corners and corner bead at outside corners over lath. Attach through lath into framing at no more than 7 inches (178 mm)on center with appropriate fasteners. i j Page 11 of 14 i EXHIBIT B I!I Master Wall' MU, One Coat Stucco (OCS) Level I Section 09 24 23 Corporate • P.O. Box 397 • Fortson • Georgia • 31808 . 800-7SS-0825 • FAX 706-S69-6704 Technical •800-760-2861 Is FAX 734-433-0930 7. One Coat Stucco Installation a. Scratch Coat: apply stucco with sufficient pressure to key into and embed the metal lath. Apply sufficient material, approximately 3/8 inch (9mm), to cover the metal lath and to permit scoring the surface. Score the stucco upon completion of each panel in preparation for a second coat. Score horizontally. I b. Brown Coat: as soon as the first coat is firm enough to receive the second coat without damage, apply the second coat with sufficient pressure to ensure intimate contact with the first coat to an approximate thickness of 1/8, %or 3/8 inch (3,6 or 9mm) as needed to bring the stucco to a uniform thickness that matches the grounds of the accessories. Use a rod or straight edge to bring the surface to a true,even plane. Fill depressions in plane with stucco. c. After the stucco has become slightly firm float the surface lightly with a Darby or wood float to densify the surface and to provide a smooth, even surface. (Note: The proper time to float is when the wood float no longer sticks to the surface of the stucco) d. Moist cure after the stucco has set by lightly fogging for at least 48 hours unless Stucco Ad Liquid was used in the mix. Fog as frequently as required during the 48-hour period to prevent loss of moisture from the stucco. Avoid eroding the stucco surface with excess moisture. If relative humidity exceeds 75%the frequency of moist curing can be diminished. 8. EIFS Build-Outs a. Where EIFS build-outs terminate at a dissimilar material such as a window, door or other non-stucco surface, backwrap the EIFS build-out by installing Master Wall Detail Mesh onto the terminating edge of the stucco. Embed the mesh in the EIFS Adhesive. Allow the mesh to dangle until the backwrapping procedure is completed. b. Install EIFS build-outs directly over hardened stucco with EIFS adhesive. Apply adhesive '1 with the appropriate size notched trowel to the back of the insulation board and immediately place build-out in the proper location on the wall. Press firmly into place. s c. As soon as the EIFS build-out is firmly attached rasp the entire surface smooth. d. Complete the backwrapping procedure by applying the EIFS base coat to the exposed edges of the EIFS build-out and minimum 2-1/2 inches (64 mm) onto the face. Pull the backwrap mesh around the EIFS build-out and fully embed it into the EIFS base coat. Use j a corner trowel for neat straight corners. e. Apply the EIFS base coat to the EIFS build-out and approximately 3 inches(76 mm)onto the adjacent stucco surfaces to an approximate thickness of 1/16 inch (1.5 mm). Immediately embed the reinforcing mesh in the wet base coat. Trowel from the center to the edges of the mesh to avoid wrinkles and remove excess base coat. Overlap mesh seams minimum 2-1/2 inches(64 mm). Overlap mesh onto adjacent stucco wall surfaces minimum 2-1/2 inches (64 mm)at terminations of the EIFS build-out and feather onto the stucco wall surface. (Note:do not install EIFS build-outs over joints in the stucco wall assembly. Terminate EIFS build- outs and backwrap in accordance with instructions above.) Page 12 of 14 1 '3 t EXHIBIT B Master WAIT® KOLL2 One Coat Stucco (OCS) Level I Section 09 24 23 Corporate • P.O. Box 397 • Fortson • Georgia • 31808 • 800-75S-082S • FAX 706-569-6704 Technical .800-760-2861.FAX 734-433-0930 9. Primecoat Application (optional) a. Apply Primecoat evenly with brush, roller or proper spray equipment over the clean, dry stucco and EIFS build-outs and allow to dry thoroughly before applying finish. 10. SUPERIOR FINISH COAT APPLICATION A. Surface irregularities in the base coat, such as trowel marks, insulation board lines and reinforcing mesh laps shall be corrected prior to the finish application. B. Apply the Superior Finish in the color and texture as approved by the project owner or the j project architect with sufficient manpower and equipment to insure a continuous operation 1 without cold joints, scaffolding lines etc. Texture finish shall match approved jobsite samples. Thickness and coverage will vary depending on the specified final appearance. C. Trowel Application—(Perfect, Spray, R-Coarse, Desert Sand, Refinish) 1) Apply the Superior Finish to the clean, dry and cured base coat with a stainless steel t rowe I. 2) Level the surface to a uniform thickness of 3/32"to 1/8". t 3) Float the Finish with a plastic float in a uniform motion to achieve the desired texture. j (Refinish cannot be floated. A second application of the Refinish shall be applied to create the desired texture.) D. Spray Application—(Perfect, Spray, R-Coarse, Desert Sand, Refinish) 1) Prime surface with Master Wall Inc. Primecoat tinted to match the selected finish j color. Allow Roller-Flex to cure a minimum of 12 hours prior to finish coat application. 2) Using a conventional plaster hopper gun or a proven pump, spray finish over the primed base coat to achieve desired texture using a circular overlapping pattern keeping the spray gun at a 900 angle to the surface and maintaining the same distance to the wall at all times. 3) Be cautious of flooding an area with too much finish because it may appear shinier j when it dries. E. Aggre-flex Superior Stone Finish 1) Prime surface with Master Wall Inc. Primecoat tinted to match the predominate color of stone in the selected finish color. Allow Roller-Flex to cure a minimum of 12 hours prior to finish coat application. 2) Aggre-flex Superior Stone Finish should be applied in two coats. The first coat can be trowel or spray applied. h a) Trowel application - Apply the Aggre-flex Superior Stone Finish to the clean, dry and cured base coat with a stainless steel trowel. Trowel finish uniformly then j scrape down to a thickness equal to the size of the aggregate. Trowel to eliminate trowel marks and irregularities. b) Spray application - Using a conventional plaster hopper gun or a proven pump, spray two coats of the finish over the primed base coat to achieve desired texture. If the first coat was trowel applied, a minimum of one spray coat is required as the finish coat. Use a circular-overlapping pattern keeping the spray gun at a 900 angle to the surface and maintaining the same distance to the wall at all times. The first coat shall dry a minimum of one hour prior to the application of the second coat. Be cautious of flooding an area with too much finish because it may appear shinier when it dries. F. Provide protection from rain and temperatures below 40°F (4°C) for a minimum of 24 hours after application. Longer protection may be necessary during lower temperatures and/or higher humidity conditions. Page 13 of 14 EXHIBIT B R I Master Wall' One Coat Stucco (OCS) Level l Section 09 24 23 Corporate . P.O. Box 397 • Fortson • Georgia • 31808 . 800-755-0825 FAX 706-S69-6704 Technical •800-760-2861•FAX 734-433-0930 3.12 JOB SITE CLEANUP A. Clean work area in accordance with contract documents removing all excess materials, droppings and debris. Clean adjacent surfaces. B. Other trades may now install their work — Sheet Metal (Section 07620), Sealants (Section 07900), Mechanical (Section 15000), Electrical (Section 16000). End of Specification Page 14 of 14 p CIMARRON Cat.# Approvals °b Type SERIES APPLXATIONS • Area and site lighting. 27 75" FEATURES -522.5 mm � • Complements'Southwest Series' s.7s 771.5 mm 406.4 6.4 mm • IES Type II,III,V(square)and forward throw light distributions I • Flat lens design • 100w to 400w lamps in HPS,and Pulse Start MH for design flexibility • All distributions are field-rotatable 6.0" 7.25' • Mounts on upswept,straight arms for poles or on wall bracket for a uniform 152.4 mm 184.2 1 r---mm 1 project look 5.625' 8.625" • 5 standard,2 premium,and custom colors are available 143.99 21st L/STINGS✓CERT7=1ONS • UL 1598 listed and GSA certified snW&WA " wAUMMOTSiRM61 MN for outdoor use in wet locations. 6.313"y 7.563" 160.3 mM 192 mm-1 • IDA fixture seal of approval. T_ 7 rt For more detail,see PSG page p� � 8.3 m 8.625 168.3 mm 2'9mm c us L U7SWEPfARM JIL_. WAILMWMUPSWERARM EPA=1.2 /t (single unit with arm) ORDERING INFORMATION ORDERING EXAMPLE:CR1-A-P40-H3P-F-Q-DB-L Series Mount Wattage/ Lamp Lens Voltage Color Options Source Orientation/Distribution SERIES LAMP ORIENTATION/D/STR/RUTION OPTIONS CR1 Cimarron H2 Horizontal II—hydroformed WBAD Substitutes Decorative Upswept Arm when WB H3 Horizontal III—hydroformed wall bracket mounting is chosen MOUNT 11113P Horizontal III—Performance Series RPA2 Round Pole Adapter(23/4"-31A") A Arm Mount Construction(6"straight rigid arm (Segmented) RPA3 Round Pole Adapter(3'/4"-33/4") included&acceptable for 90°configurations) H4 Horizontal IV—multi-piece RPA4 Round Pole Adapter(37/8"-41/2") AD Decorative Arm Mount Const.(6"decorative upswept N4P Horizontal IV—Performance Series RPA5 Round Pole Adapter(5") arm incl.&acceptable for 90°configurations) (Segmented) RPA6 Round Pole Adapter(6") WB Wall Bracket Const.(includes Wall Bracket &6" H5 Horizontal V(square)—hydroformed F1 Fusing-120V straight arm unless WBAD option is chosen H5P Horizontal V—Performance Series F2 Fusing-208V which substitutes Decorative Upswept Arm) (Segmented) F3 Fusing-240V 0 No Arm or all Bracket(only order without arm or F4 Fusing-277V wall bracket when they are ordered as accessory) LENS F5 Fusing-480V F Flat F5 Fusing-347V WATTAGE/SOURCE P1 Photo Button-120V PULSE START METAL HALIDE VOLTAGE P2 Photo Button-240V P10 100W(ED-17 Med base) Q Quad-Tap®-120,208,240,277V' P3 Photo Button-2V P12 125W(ED-17 Med base) V Five-Tap-120,208,240,277,480V' P4 Photo Button 27777V P15 15OW(ED-28 Mog base) 5 480V P6 Photo Button-347V P17 150W(ED-28 Mog base) T Tri-Tap®-120 277 347V' PR1 Photo Cell Receptacle-120V P20 20OW(T-15 Mog base) E 50 Hz 220/240V PR2 Photo Cell Receptacle-208V P25 25oW(ED-28 Mog base) 0 No Ballast PR3 Photo Cell Receptacle-240V P32 320W(ED-28 Mog base) 1 Factory wired for highest voltage unless otherwise spectried. PR4 Photo Cell Receptacle-277V P35 35OW(ED-28 Mog base) PR5 Photo Cell Receptacle-480V P40 40OW(ED-28 Mog base) COLOR PR6 Photo Cell Receptacle 347V DB Dark Bronze QZ Quartz RS with lamp BL Black HS Internal House Side Shield HIGH PRESSURE SODIUM WN White (available for H2 H3&H4 distributions) S10 100W(ED-231/2 Mog base) GR Gray VG Polycarbonate Vandal Guard S15 150W(ED-231/2 Mog base) PS Platinum Silver L Lamp S25 25OW(ED-18 Mog base) RD Red(premium color) S40 40OW(ED-18 Mog base) FG Forest Green(premium color) SELECT UNITS ARE STOCKED FOR IMMEDIATE CC Custom Color(consult factory) SHIPMENT. SPAU DIM8 LIGNT/NG SHEET N CIAI-SPEC-7110 EXHIBIT B ACCESSORIES CIMARRON ACCESSORIES CATALOG# DESCRIPTION SPECIFICATIONS ARM-CR-6-S-XX',' 6"Rigid Straight Arm ARM-CRD-6-S-XX'•' 61/2"Rigid Upswept Arm HOUSING Architecturally styled,one piece die-cast aluminum housing with ARM-CR-K-TA-W Tenon Arm(single)adjustable nominal.125'wall thickness.Low profile design reduces the overall wind ARM-CR-TK•TA-XX' Tenon Arm(double 180°)adjustable loading while providing a sleek,unabtrusive look which complements most ARM-CR-K-S-XX'-1 Adjustable Arm building architectural styles. CR7-PVG PDlycarbonate Vandal Guard CR1-HS-23 Internal House Side Shield(H2&H3 distributions) DOOR Die-cast aluminum door hinges to housing and secures with two captive CRi-HS-4 Internal House Side Shield(H4 distribution) screws providing four points on contact ensuring a clean lens and optical CR-RPA2-XX' Round Pole Adapter for Straight Arm(23/4-3'/e") assembly. oth the flat tempered lass and door are sealed with one-piece CR-RPA3-)D(' Round Pole Adapter for Straight Arm(31/4-33/4") g p g p CR-RPA4-XX' Round Pole Adapter for Straight Arm(3'/8-41/2") SiIICOne gaskets. CR-RPA5-0' Round Pale Adapter for Straight Arm(5") CR-RPA6-XX' Round Pole Adapter for Straight Arm(6") OPTICS Multiple levels of photometric performance to be achieved via CRD-RPA2-XX' Round Pole Adapter for Upswept Arm(23/4-TA") tiered optic offering ranging from fully segmented to hydroformed reflec- CRO-RPA3-XX' Round Pole Adapter for Upswept Arm(3'/4-33/4") tors.All optical assemblies to field rotate in 90'increments.All distributions CRD-RPA4-XX' Round Pole Adapter for Upswept Arm(3'/e-41/2") to be IES full cutoff classification.House side sheilding available as either CRD-RPA5-)D(' Round Pole Adapter for Upswept Arm(5") factory installed options or field installed accessoreis. CRD-RPA6-XX' Round Pole Adapter for Upswept Arm(6") WD-CR-XX' Wall Bracket MOUNT Two arm designs are available providing maximum design flexibili- TPLB-XX' Twin Parallel Luminaire Bracket ty.The die-cast aluminum arm offers a sleek upswept look while the extrud- CR1-EHS-XX' External 3 Sided Glare Shield(not rotatable) ed straight arm includes the housings contoured lines for continuity of style. 1 Replace XX with color choice,eg.:BB for Dark Bronze A wall bracket and polettenon accessories are also available allowing easy 2 When ordering poles,specify Pole Drill Pattern A7 mounting for virtually any application. TENON TOP POLE BRACKETACCESSORIES (231a'W tenon) ELECTRICAL Energy efficient HID lamps up to 400 watts.Pulse rated (RSS version requires 4"round pole adapter) CATALOG# DESCRIPTION porcelain sockets have spring loaded,nickel plated center contact.All units SETA-XX' Square Pole Tenon Adapter(4 at 90 degrees) offer factory or field-installable photocell options and fusing. RETA-XX' Round Pole Tenon Adapter(4 at 90 degrees) TETA-01 Hexagonal Pole Tenon Adapter(3 at 120 degrees) BALLAST HPF ballast circuit,starting rated at-20 deg F(-40 deg F for HPS). ReplaceXX with color choice,eg.:OB for Dark Bronze Ballast and other electrical components mounted directly to housing for excellent heat dissipation and long life. PHOTOCONTROL EQUIPMENT FINISH TGIC thermoset polyester powder paint finish applied at nominal 2.5 CATALOG# DESCRIPTION mil thickness.Prior to painting all luminaires and mounting accessories PTL-1 Photocontrol-Twist-Lock Cell(120V) should be thoroughly cleaned with acid and alkaline cleaners followed by the PTL-B Photocontrol-Twist-Lock Cell(120-277V) application of a chromate conversion coating. PTL-5 Photocontrol-Twist-Lock Cell(480V) PTL-6 Photocontrol-Twist-Lock Cell(347V) LISTING UL 1598 listed and CSA certified for outdoor wet location applications. PSC Shorting Cap-Twist-Lock HEX NUT SQUARE POLE COVER ESHER ERI I• THREADED ROD l POLE COVER POLE COVER POLET ' • CAST ARM 2.25 COVER i RETAINER WASHER FIAT WASHENGASKET NUT PLATE 875 LOCKWASHER Too HEX BOLT • ROUND POLE 3.5 'CAST ADAPTER ARM HOUSING e• (3-HOLE PATTERN END) e.'�. J CAST ADAPTER TO ,J NUT PLATE o NUT PLATE HOUSING (4-HOLE HEX BOLT i 0.875 2 HOLES SQUARE POLE PATTERN END) LOCKWASHER HOLE NAJ RAT WASHER ROUND POLE SQUARE&ROUND POLES SCREE I CURVED ARM MOUNT #2 DRILL PATTERN FOR POLES COVER SQUARE&ROUND POLES Due to our continued efforts to improve our products,product specifications are subject to change without notice. Spaulding Lighting•701 Millennium Drive•Greenville,SC 29607•PHONE:864-678-1000 FOR For more information visit our web site:www.spauldinglighUng.com 1CWft 16>610�UiiiI=i m two B X7110 FdoW Y UK EXHIBIT B SLAUL D N POLE OFFERING STEEL & ALUMINUM PRODUCTS l S Spaulding Lighting's complete line of poles offer simple solutions for all your lighting needs from 8 to 60 feet in height.Pole applications include floodlighting,auto dealerships,commercial site lighting and roadways.Mounting configurations include tenon top,side mount,pad mount and open top designs to I match any luminaire style. Constructed with exacting standards both our aluminum and steel products meet strict guidelines for I quality,strength and finish durability.Protecting your investment for years is our Lektrocote®powder paint,galvanized finish(steel poles only)or"satin"natural aluminum finish(aluminum poles only). From shaft cuffing through finishing,quality control inspections are conducted throughout a highly ( automated process. To ensure the finish is not damaged during shipment,all poles are protected with either cardboard or double wrapped foam/plastic. STEEL PRODUCTS Series Construction Shaft Sizes Wall Thickness Lengths Square Straight Steel 4;'5;'6" 11 GA,7 GA,3 GA 10—40 ft ( RSS Round Straight Steel 3;'4;'4.5;'5;'6" 11 GA,7 GA,3 GA 8—30 ft 11 GA,7 GA 20—50 ft 8T5 Square Tapered Steel Y-9-- RTS Round Tapered Steel Y-12" 11 GA,7 GA 10—60 ft SHS Square Hinged Steel 4;'5, 6 11 GA,7 GA 20—40 ft ALUMINUM PRODUCTS Series Construction Shaft Size Wall Thickness Lengths SSA Square Straight Aluminum 4;'5;'6" .125;' .188;' .250' 10—30 ft RSA Round Straight Aluminum 3;'4;'4.5;'5;'6" .125;' .188;' .250" 8—30 ft "—8" 125;'.188;' .220;' .250" 8—40 ft RTA Round Tapered Aluminum 4 For our most current product information and complete product details, please visit: www.spauldinglighting.com Due to our continued efforts to improve our products,product specifications are subject to change without notice. SM!JLDING Spaulding Lighting•101 Corporate Drive•Spartanburg,SC 29303•PHONE:864-599-6000 For more information visit our web site:www.spauldinglighting.com Copyright®2006 SPAULDING LIGIRING All Nights Reserved POLE OVERVIEW 6/06 Printed In NSA EXHIBIT B EXPRESSO Cimarron S H I P t"� •.l� • Die-cast aluminum housing with radius • Easy order popular fixture&pole comers,complements"Southwest Series." • combinations. Die-cast aluminum door with clear,flat • Mogul porcelain socket,pulse rated tempered glass tens,fully gasketed to with spring-loaded, nickel-plated housing.Hinged door secured with two center contact and reinforced lamp grip captive screws. screw shell. • IES Type II, III,IV and V(square)tight • 100 watt-150 watt Lag type, HPF ballast, distributions with flat lens design for starting rated at-207(-407 HPS), full cut off classification.100 watt to • 200 watt-400 watt CWA type, HPF ballast, 400 watt tamps in HPS and Pulse Start starting rated at-207(-407 for HPS). metal halide for design flexibility. • Durable Lektrocote°TGIC thermoset All distributions are field-rotatabte. polyester powder coat paint finish assures • Mounts on upswept or straight arms for long Life and maintenance-free service. p poles or on wall bracket for uniform • UL 1598 listed and CSA certified for project look, outdoor use in wet locations. c us • IDA fixture seal of approval. ORDERING INFORMATION CR1 _ .. - F CRi Cimarron j PULSE START METAL HALIDE H2 Horiz.11- F Flat DO Dark Bronze WBAD Substitutes decorative upswept I P30 100W(ED-17) hydroformed arm when WB watt bracket BL Black H3 Horiz.III- mounting is chosen P12 125W(ED-17) hydroformed WH White RPA2 Round Pole Adapter(2 3/4-3 1/8") P15 150W(ED-28) H4 Horiz.IV- GR Gray RPA3 Round Pole Adapter(3 1/4-3 3/4") P17 175W(ED-28) multi-piece r H5 Horiz.V(square) PS Platinum Silver RPA4 Round Pole Adapter(3 7/8-4 1/2") P20 ZOOW(T-15) hydroformed RD Red RPA5 Round Pole Adapter(5") A Arm Mount P25 250W(ED-28) (premium color) Construction l " 9 9 RPA6 Round Pole Adapter(6") 6 straight rigid P32 320W(ED-28) -�� FG Forest Green (premium color) pi Fusing-120V arm included&ac- P35 350W(ED-28) 0 quad-Tap°120/208/240/277V1 F2 Fusin 208V ceptable for 901 P40 400W ED-28 CC Custom Color g ( ) V Five-Tap 120/208/240/277/480V (consult F3 Fusing-240V configurations) 250&40OW PSMH&HPS only)' factory) g HIGH PRESSURE SODIUM ( Y)' facto F4 Fusin 277V AD Decorative Arm 5 480V Mount Const. S10 100W(ED-23.5) F5 Fusin 480V (6"decorative S15 15OW(ED-23.5) T Tri-Tap'120/277/347V' 9 upswept arm incl.& E 50Hz 220/240V F6 Fusing-347V acceptable for 90° S25 25OW(ED-18) (250&40OW PSMH&HPS only) PIL Photo Button-120V configurations) S40 40OW(ED-18) 0 No Ballast P2 Photo Button-208V WB Walt Bracket Const. (includes P3 Photo Button-240V Wall Bracket&6" EASY ORDER FIXTURE AND POLE COMBINATIONS P4 Photo Button-277V straight arm Catalog Number Description P6 Photo Button-347V unless WBAD option CRPC-1-515-H3-16 16 ft 150W HPS,Type III is chosen which CRPC-1-515-114-16 16 ft 15OW HPS,Type IV PRl Photo Cell Receptacle-120V substitutes Decora- PR2 Photo Cell Receptacle-208V tive Upswept Arm) CRPC-1-P25-H3-20 20ft 250W PMH,Type III 0 No arm or wall CRPC-1-P32-H3-20 20ft 320W PMH,Type III PR3 Photo Cell Receptacle-240V bracket(only order CRPC-1-P32-114-20 20ft 320W PMH,Type IV PR4 Photo Cell Receptacle-277V without arm or wall CRPC-1-P40-H3-20 20ft 40OW PMH,Type III PR5 Photo Cell Receptacle-480V bracket when they CRPC-1-P40-H4-20 20ft 40OW PMH,Type IV p are ordered as an PR6 Photo Celt Receptacle-347V CRPC-1-P40-H3-25 25ft 40OW PMH,Type III 02 Quartz RS with lam accessory) CRPC-1-P40-H4-25 25ft 400W PMH,Type IY P CRPC-1-540-H3.25 25ft 40OW HPS,Type III HS Internal House Side Shield 1 Factory wired for highest voltage unless specified. (available for H2,H3&H4 Note Mounting A and AD acceptable for 90 degree configurations. CRPC-1-P40-H3-30 30ft 40OW PMH,Type III distributions) CRPC-1-P40-H4-30 30ft 40OW PMH,Type IV NOTE:All poles to be drilled with 82 pattern CRPC-1-S40-H3-30 30ft 40OW HPS,Type III VG Polycarbonate Vandal Guard SEE PAGE 603 FOR ACCESSORIES Double Fixture and pole combinations also available. L Lamp B A F C E G L A B C D E F G EPA Wei ht �a 16" 21 3/4" 6 3/4" 6" 5 5/8" 6 5/16" 5 5/8" 1.2 ft2 44 lbs. C�LII� '� C R 1 406mm 552mm 171mm 152mm 143mm 160mm 143mm 0.1 ml 20 k Note: EPA and weight values do not include mounting arm. See Spaulding EPA Value pages for more detailed information. 575 EXHIBIT B Accessories_, ALAIRE MAGNUDISC ACCESSORIES r ACCESSORIES CLB-2-XX I Twin parallel luminaire bracket ARM-CR-6-S-XX',z 6"Rigid Straight Arm _� CIS/l E �1 8914545 Internal house side shield,Type III ARM-CRD-6-S---XX id U sp 1•' 6 Ri wept Arm MAS-4-X1•4 4"Rigid Arm for flat surfaces -- — ---+— —J--- 0.12 ft2 EPA 8914544 !Internal house side shield,Type IV CRi-PVG Polycarbonate Vandal Guard - 773560 LPolycarbonate vandal shield CRi-HS-23 Internal House Side Shield(H2 MAS-10-X'4 10"Rigid Arm for flat surfaces -...___... _ - 0.31 ft2 EPA PTL-i (must use PCR(X)option) „____. _&H3 distributions _ Photocontrol-Twistlock cell CR3-HS-4 Internal House Side Shield(H4 RSD-44-X1.4 .Nominal 4" OD Round Pole Adapter for 120V distribution) MAS arms �--- -- (---L- y 1 " - � RSD-55-x14 Nominal 5"OD Round Pole Adapter for PTL-8 (must use PCR(X)option) CR-RPA2-XX Round Pole Adapter for Straight Photocontrol-Twistlock cell(120, Arm 2 3/4-3 i 8"L___ _ M AS arms i 208,240,277V) CR-RPA3-XX1 Round Pole Adapter for Straight DS-WP-XI Wall Plate for flush or arm mounting ----- --- ----------- I fixtures PTL-5 (must use PCR(X)option) Arm 3 1/4-3 3 4" 3P Photocontrol-Twistlock cell CR-RPA4-XX' Round Pole Adapter for Straight ' .' • =.= AC�tsSSORIES'" _ Arm 31/8-41/a" MAL-4-X'•3 4"Rigid Arm for flat surfaces PTL-6 (must use PCR(X)option) CR-RPA5-XX1 Round Pole Adapter for Straight MAL-10-X'•3,10"Rigid Arm for flat surfaces Photocontrol-Twistlock cell RSD-044'•3 'Nominal 4"OD Round Pole Adapter for ____.....__..__.___ 347 ____,— CR-RPA6-XX' Round Pole Adapter for Straight _j MAL arms _ PSC ,(must use PCR(X)option)Shorting _Arm 6" RSD-05-X'•3 Nominal 5"OD Round Pole Adapter for _ (Cap Twistlock CRD-RPA2-XX1 Round Pole Adapter for MAL arms CRD-RPA4-XX1 i Round pole adapter for straight U swe t Arm 2 Y4-3 1/8") MAL-WP-X' Walt Plate for fiat surfaces r arm(4.5'dia round pole) CRD-RPA3-XX' Round Pole Adapter for DS luminaire only. CRD-RPA5-XX1 j Round pole adapter for straight Upswept Arm 12, -3 3 a" z ON luminaire only. arm(5"dia round poi__ CRD-RPA4-XX1 Round Pole Adapter for 1 _......__....—.__.__..__....____ p DM arm mount-use#6 drill pattern when ordering poles. CRD-RPA5-XX' Round pole adapter for straight Upswept Arm 3 8-4 112" DS arm mount-use#4 drill pattern when ordering poles. _ arm 6"dia round pole CRD-RPA5-XX' Round Pole Adapter for CRD-RTPA2-XX1 Round pole adapter for straight U swept Arm 15" arm(2 3/8"to 2 5/8"round CRD-RPA6-XX' Round Pole Adapter for to ered dia. oleo Upswept Arm 6" CRD-RTPA3-XX' .Round pole adapter for straight Wg CR-XX' Wall Bracket ACCESSORIES arm(2 3/4"to 3 1/8"round ----- tapered dia.pole) TPLB-XX1 Twin Parallel Luminaire Bracket II MAS-4-X' 4"Rigid Arm for flat surfaces CRD-RTPA3.5-XX' Round pole adapter for straight CRi-EHS-XX' External 3 Sided Glare Shield MAS-10-X' 10"Rigid Arm for fiat surfaces(required arm(3 1/4"to 3 3/4"round - not rotatable for 90°configurations) _ to ered dia.Pole) _ RSD-44-X' Nominal 4' OD Round Pole Adapter for CRD-RTPA4-XX' Round pole adapter for straight `—__LMAS arms y arm(3 F%8"to 4"round tapered RSD-55-X' Nominal 5"OD Round Pole Adapter for dia. ale MAS arms WB-A-XX' Wall bracket and 5"arm included Replace DALLAS ACCESSORIES MAS-FM Flush Mount Hardware(required when no __ XX with color designation I�m used on pole MAF-CM-XX' Bracket for 2 3/8"OD horizontal mast RPA4-XX1 Round pole adapter for (4.5" round' DS-WP-X Wall Plate for flush or arm mounting straight dia. ale fixtures arm ------ --- RPA5-XX1 Round pole adapter for(5 to 6"round MSS-SPC .125"Polycarbonate Sheet suspended 3"' 'Replace XX with color choice,eg.: DS for Dark Bronze straight dia.pole) below door frame 'When ordering poles,specify Pole Drill Pattern$2 RTPA2.5-XX' Round pole adapter for(2 3/8"to 2 5/8" PTL-1 (must use PCR(X)option)Photocontrol- round tapered dia.pole Twistlock cell 120V RTPA3-XX' 'Round pole adapter for(2 3/4"to 3 1/s" PTL-8 (must use PCR(X)option)Photocontrol __ I round tapered dia.pole Twistlock cell 120,208,240,277V RTPA3.5_461 Round pole adapter for(3 1/4"to 3 3/4" PTL-5 (must use PCR(X)option)Photocontrol _ round tapered dia.pole) Twistlock cell 480V) RTPA4-XX' Round pole adapter for (3 7/8"to 4" PTL-6 (must use PCR(X)option)Photocontrol- round tapered dia.pole) Twistlock cell 347V WB-R-XX' Wall Bracket. PSC (must use PCR(X)option)Shorting Cap- 8914529 DL1 house side shield. — Twistlock 89_14528_ (DL2 house side shield. Note:Replace X with color selection. 8914548 DU house side shield. Use k4 drill pattern when ordering poles. PTL-1 (must use PCR(X)option)Photocontrol -Twistlock cell(120V) PTL-8 (must use PCR(X)option)Photocontrol- Twistlock cell 120,208,240,277V PTL-5 (must use PCR(X)option)Photocontrol -Twistlock cell 480V PTL-6 !(must use PCR(X)option)Photocontrol -Twistlock cell 347V PSC (must use PCR (X) option) Shorting Ca -Twistlock JJQ 603 EXHIBIT B ,LMounting Accessories TENON ADAPTERS ,.- „'''EPA FEA 2-SA Catalog Number Description Series Series 120' use With:AL)MY,OR,OD,WN,pL,SF,NK OK #1 Drill Pattern - FEA 2-XX Triangular steel adapter at 120 deg. 1_- 7 -- ---- FEA 3 XX --T-ri-a-n�-ut-a-r steel adapter at 120 deg -__ _ T 17 --_ ,o-,ir” 2-SA-SGL-D XX SQ steel adapter-SGL _ 30 I 2-SA-D90-XX SQ steel adapter-DBL at 90 deg. ^^_ 10 sere I 2-SA-D180-XX SQ steel adapter-DBL at 180 deg. 30 b w. 2-SA-TPL-D90-_t_SQ steel adapter-TPL at 90 deg_ ^- 10 2-SA-QD-D-XX 1 SO steel adapter-QUAD at 90 deb -_ 10 T °o o° 2-RA-SGL-D-XX'_}_RD steel adapter-SGL ;_ 4 9 0 0 2-RA-D90-XXt I RD steel adapter- 9 °° °° 2-RA_-D180-XX1 RD steel adapter-DBL at 180 deg. _ 9 o 2-RA-TPL-D90-XX' RD steel adapter-TPL at 90 deg. _ _ 9 24WTPL-D120-W RD steel adapter-TPL at 120 deg. 9 2-RA-QD-D-XXt RD steel adapter-QUAD at 90 deg. __, 9 --- SETA-XX RETA-XX TETA-XX Alt tenon adapters stipfit over 2 3/8"OD tenon.Accommodates#1 hole pattern for arms. 1 Requires appropriate 41/2'round pole adapter. Catalog Number Description For use with:CR1,RCS,RCL,MSV CMi and CM2 #2 Drill Fattern SETA-XX W 4"Square pole top tenon adapter.2 3/8"OD slipfitter 0.4(0.04) 20(9) o for max.four fixtures(90°) ° RETA-XX 4"Round pole top tenon adapter.2 3/8' OD slipftter 9'S o y'S„ o 9'5 fur max.four fixtures(90°)Order 4"round pole adapters 0.2(0.02) 20(9) separates - _- -- TETA XX Three sided pole top tenon adapter.2 3/8"OD slipftter H4" H4" H 4" ! for max.three fixtures 120° 0.4(0.04) 20(9) -- ---- RSS-490-XX SSS-490-XX For use with:DM(#8 Drill Pattern — RSS-3120-XX MSS-90-X 4" SSS-490-XX 4"Square pole top tenon adapter.2 3/8"-2 7/8"OD 0.4(0.04) 20(9) sli fitter for max.four fixtures 90° RSS-490-XX 4"Round pole top tenon adapter.2 3/8"-2 7/8"OD slipfitter for max.four fixtures(90°)Order RSD-04-X 0.2(0.02) 20(g) 13 3/4" one per fixture)separately 15" RSS-3120-XX 4"Round pole top tenon adapter.2 3/8"-2 7/8"OD 0.2(0.02) 20(g) _ slipftter for max.three fixtures 120°) For use with:MSS and DS(44 Drill Pattern) H 4" MSS-90-X (�4"Square pole top tenon adapter.2 3/8"-2 7/8 OD slipfitter for max.four fixtures 90°) 0.4(0.04) 20(9) _ ( AFB-1 FLB-12/24 TENON BRACKETS AND ARMS { s• I 2-3/8'OD tenon ,•I 5 25 - hole 5 j .. , 5" 141/4- j61/b" AFB-1 Flat surface bracket- natural aluminum finish i' 241-C Series '" 'tubing AFB-1-M53 1 Flat surface bracket- gray finish 241-C-XX Flat surface bracket-90°(tag bolt hole spacing is 6.75 on 16 z-3/8.OD OC mounting hardware by others) _ FLB-I2-XX 12"floodlight bracket for pole mounting .5 (.05) 6 8" ." �o (bracket requires internal pole access) � ° t FLB-24-XX 24"floodlight bracket for pole mounting 1.0 10 SSS-TX TPR TA-X 285-B bracket requires internal pole access (.10) Series Series Series Series SSS T4-DB Tenon top adapter for 4"square open top poles,bronze finish - 17.5(8) (slips 9"into pole alnin with#6 drill pattern on'pole) SSS-TS-DBb Tenon top adapter for 5"square open top poles,bronze finish - 14.5 sti s 9"into p2le aligning with#6 drill pattern on pole) 6.6 11 TPR-2-M5X' 2 1/2"to 2"pipe size tenon reducer 1 6(2.7) TPR--3`M5X?_3"to 2" i size tenon reducer _ - 8 33^6 ° , i TPR-4-M5X3 4"to 2"pipe size tenon reducer - 9 4.1 -- -------- TA-4 !2 3 8"OD Tenon to ada r for 4"square le 11 GA le _._ TA-5 2 3 8"OD Tenon top adapter for 5"square pole it GA to Replace XX with Replace X with TA-6 -_-_,___'2 3/8"OD Tenon top ada r fur 6"square pole(11 GA le Color Designation Color Designation P� qu —�-�- -------- DB Dark Bronze i Dark Bronze 285 B-3-XX 3 1/2"to 2 3/8"Reducer(OD for both dimensions BL Black 2 Black 285-B-4-XX 4 1/2"to 2 3/8"Reducer(OD for both dimensions) WH White 3 White 1 Bracket slips over pole creating 2 3/8 OD tenon(lower ID-3 1/16") GR Gray 4 Gray Replace X with 1-Black,2-White,3.Gray,Remove M5X from Bronze PS Platinum Silver 5 Platinum Silver WWII Bracket slips over pole creating 2 3/8 OD tenon(lower ID-ID-3 1/2") RD Red(Premium Color) 6 Red(premium color) 2 Replace X with 1-Black,2-White,3-Gray,Remove M5X from Bronze FG Forest Green 7 Forest Green 3 Bracket slips over pole creating 2 3/8 OD tenon(lower ID-10-4 5/8") Premium Color) (premium color) Replace X with i-Black,2-White,3-Gray,Remove M5X from Bronze CC ustom Color 606 4 Will not fit in 3 gauge poles (consult factory) EXHIBIT B ,' Mounting_Accessories MAST ARM FITTER EPA Weight - - ' t' _ for use with:AL CMi,CMS MAF-CM-XX ! Horizontal mast arm fitter for 2 3/8"OD arm �— MAF-CM-XX Catat)g Number • r. For use with:OR,OD,DL,SF,NK,OK ; MAF-XX G;,,Horizontal mast arm fitter for 2 3/8"OD arm — O (D _ - - - O 0 For use with:CR1,RCS,RCL,MSV _ Use adjustable mounting arm(ARM-XX-K-TA-XX) see p.607 _.� ^ -MAF-XXX- - - - Replace XX with Color Designation _ O O DB Dark Bronze BL Black WH White GR Gray PS Platinum Silver RD Red(Premium Color) FG Forest Green (Premium Color) CC Custom Color(consult factory) AL,DL,DT2,MY,NK,OD,OR,SF WN-SQUARE POLES 0.438 sa PgPfO,m m 4 HOLES 1g0AWB �@ ' Q xivae avm R 1.25 a � 4.0 ° mu ,mnusRn t0 m« O (D e.ar5 pl, MY,NK,OD,DR, °� R a DT2 1.0 HOLE PF,WN a " 2.0 #1 DRILL PATTERN � AL ,.9�4r I• tE#d a+��. ��+i4�ui4lfF+.ilT+�kii t..0}i,- AL,DL,MY,NK,OD,OR,WN- AL,DL,MY,NK,OD,OR,WN- ROUND STRAIGHT POLES(4.5"OD&LARGER) ROUND TAPERED POLES&ROUND STRAIGHT POLES DL, MY, NK,OD,OR, ,° ,o 0.08 m,nPae PF,WN POLE IOP mmco rau cam 4FOLES J cua 225 xmPUie 2.0 475 7TAPERED 3.5 OIEAWPI6STRAIGHT ROUND POLE B R75 (4112"-6") NA75 0 ROUND POLE 10 HOLE 2HOLES wmPn Paaeam 20 uu.Pascwm AL #1 DRILL PATTERN #2 DRILL PATTERN A a � Ra5M0 ,• R e r '�0 Mlt Mrt R wRn a qIN m PO IEIR�R IIER mIICOYm cw� STAGHT ROUND POLE 4"STF AGHT ROUND A 1 P WOrtLE P we (41/2"-6") 608 EXHIBIT B Mounting Accessories " ' MOUNTING BRACKETS ° SMA-X-XX Catato g Number Description For use with:MY,OR,OD,WN,.DL,SF,NK,OK Round luminaires require use of standard 6"arm between bracket&luminaire SMA-I-XX' in a mountin arg rangement,1 ft.arm �� .3 6 SMA-2-XX' Single mounting arrangement,2 ft.arm 6 10 SMA-3-XX' Sin le mounting arrangement,3 ft.arm .9 X15 SMA-4-XX' Single mounting arrangement,4 ft.arm 1.2 18 MAL-211 Series TWIN PARALLEL BRACKETS 46"— KC Description For use with:DM 6� 5LB-2 �_-- — _ — —I 4„ Series MAL-211-X Twin parallel mount-30"on center/4"arms for 2 2.0(.2) 34.6 _1/8"OD tenon,includes two MAL-4-X series arms. 15.7 i Catalog Number Description For use with:AL,MY,OR,OD,WIN,DL,5F,NICOK3'— TPLB f CLB-2-XX r Twin parallel mount for two Luminaires,mounts to pole Series with four bolts,pole must be configured with Al or C1 2.4(1.1) _ i drill pattern _��_ k - For use with:CRi,RCS,RCL,EM I,CM21 MSV TPLB-XX I Twin parallel luminaire bracket,must be configured with AASF AADM __—__— I A2 or C2 drill pattern u_ Series Series Adjusts in 5°increments Adjusts in 5°increments 0 00 0 p � m ADJUSTABLE MOUNTING ARMS Description EPA Catalog Number For use with:MSS 2-3/8" T MAS-K-X v 2 3 V OD tenon slipfitter for single fixture_ 71- - 5 2 3�_- OD Slipfitter �2,y MAS-TK-X 2 3/8' pag44n stipfitter for twin fixtures(180°) 7(3.2) �R -f- Mounting I-ec a,• Pattern for i,_�' .;:For use with:MY OR OD,WIN,DL,SF,NK _^ _�,—_i AADM ' ""i'•`• b©__.. AASF XXZ _ Adjustable sliLtter mountiaum r SO 4.5 AADM-XX' Adjustable direct mounting arm 5(2.3) 1 Ann utilizes#1 hole paHem, 2 Ann utilizes#1 hole pattern on luminain?end 3 Round units require arm Catalog Number ARM-CR-TK-TA-X ARM-F-K-TA-XX 23 ODte`noASti`fdberfiirsi le fixture 5 MA'-TK-X _ 2.3) ARM-F-TK-TA-X ARM F TK-TA-XX 2 3/8"OD tienon slipfitter for twnn fixture(180°) — 7 3.2) Adjusts in 4°increments ARM f K S-XX 10":A u table ar' for.flat surfaces 0.5 0.05 5.15 2.6 Ir - _— ARM-CR-K-TA-XX 2 3 'OD tenon sG fitter for si (e fixture — 5 2.3 ARM-CR-TK TA-XX 2 3/8"OD tenon sli fitter for twin fixture 180° — 7 3.2 ARM-CR-K-S-X ARM-CR-K-S-XX 1 10"Adjustable arm for flat surfaces 0.5 0.05 5.75 2.6 ARM-F-K-S-X Adjusts in 40 increments Replace XX with Replace X with Color Designation Color Designation DB Dark Bronze 1 Dark Bronze BL Black 2 Black WH White 3 White GR Gray 4 Gray PS Platinum Silver 5 Platinum Silver RD Red(Premium Color) 6 Red(premium color) FG Forest Green 7 Forest Green (Premium Color) (premium color) CC Custom Color WMAMUKUZ (consult factory) 607 EXHIBIT B Mounting Details, CM1,CM2,CRi,MSV,RCL,RCS—ALL POLE SHAPES NUT POLE TOP�� " w,e�w LO(7M'ASHER POLE COVER FUT WASHEfl STANDARD ARM rHRPaoEO RDOS 2.25 DETAIL ro NVOR ATE &I ARM 0 �.^ POLE COVEN o I' f w E 3.5 VROUNDPO'LEADAFTER SQUARE POLE HO ( \ 0583 'S'E'E saunE EUP mf�x Incawau naKVa H� 2HOLES I RCL, RCS, MSV 42 DRILL PATTERN CM1, CM2 oAm nfrxicxr� �ctninvrtx - m EIW ,E� IHNEE E4IHNf MR MiF fRl 9PMREIQE rouwo vaE SQUARE&ROUND POLES DS,MSS—ALL POLE SHAPES DT3—SQUARE POLES 0.438 0 HOLES .5e3 3 NOLES 4NOLES T I 2D BOA ' 3.4825 00 2.375 1 T, \\ MAS-4-X/MAS-10-X to 2.0 LE 1.187 144 DRILL PATTERN #5 DRILL PATTERN DM—ALL POLE SHAPES 0.438 POLETOP 3 HOLES 1 3.825 4,M ® O 8 a�Q ® O e CjJ � s 2.034 o'= • MAL-44/MAL-10-X MSV-4-X/MSV-10-X 46 DRILL PATTERN ,;, , KEY AL Alaire NK Newark-Sm/Med CRi Cimmarron SF Santa Fe-Sm/Med/Lg CM' CM2 Medallion-Sm/Lg MY Monterey-Sm/Med/Lg RCS/RCL Raven-Sm/Lg WN Washington-Sm/Med/Lg DT2 Detriot 2 DL Dallas-Sm/Med/Lg DT3 Detriot 3 DS Small Magnudisc MSS Magnuspec DM Med Magnudisc MSV M-PuLsive OD Orlando Dome-Med/Lg OR Orlando Round-Med/Lg 609 i EXHIBIT B Lighting �y Products Protecting Your Copper Wire Is Our Business Lockable Access Covers for Electrical Junction Boxes We currently offer a complete line of theft proof Lockable Access Covers for Ground Mounted Electrical Junction Boxes designed to work in conjunction with our Lockable Access Covers for metal and concrete light poles. Our Junction Box Covers are designed to fit over the vault but recessed far enough below ground level to permit continued use of the original vault cover. Installation is quick and simple as follows: Remove the cover from the vault and slide our base assembly down inside. You may have to move some of the wires around such that the anchor legs install under the bottom of the vault. (See Drawings). Center our base assembly in the opening and tighten the anchor legs until the assembly is secured into the vault. Insert the cover plate tabs into the slots in the base assembly and close. Finally, install a pad lock and replace the standard cover securing it with the supplied bolts. When used in conjunction with our Lockable Access Covers for metal and concrete light poles,your copper wire is now safe from random acts of theft. �wrr �Q8#+ _ �a4F p /. sa..wrrw. 41486 ►����' 4.A.it.w �+<'8 y¢��°'" �reee iN ;;X4'91 'd" �Abt Ab A *' }4#i. h�0,�� Ag'ti�a , l,'+RP.De'�A4 '$® E•s'."A� 4 Unlocked Locked Top View For More Information Call 1-866-922-5661 Visit our Website: www.liektin2securityyroducts.com EXHIBIT B Lighting e Products DIMENSIONING FORM - VAULT All street lighting poles are equipped with a series of light poles connected together by copper wire that terminates in junction boxes, normally buried in the ground. These junctions boxes, also referred to as pull boxes, are typically made of concrete with a metal or composite material cover which is held in place by two bolts _ In order to ensure we send you the correct size Locking Vault Access Covers for your specific application, it is essential we have accurate inside dimensions for the vault. Please complete the information below per the dimensioning drawing. If you have any questions, you may call our sales department at 702-358-1331. Manufacturer: Style:[ ]3.5 [ ]5.5 [ ]N9 [ ]N16 [ ]N30 B A ter• Lid:[ ]Cast Steel [ ]Stamped Diamond Tread Steel [ ]Solid Concrete [ ]Composite C X� w DIMENSIONS A IN V IN v `' � B IN W IN Y C IN X IN ' Z y IN Z IN When Complete, Please Fax To: 888-742-7316 Thank You! EXHIBIT B JUNCTION BOX DIMENSION GRAPHIC INSTRUCTIONS I'M SENDING YOU A REMINDER ABOUT THE DIMENSIONAL FORM GRAPHIC WE SPOKE ABOUT THAT I EMAILED YOU FOR THE VAULT (JUNCTION BOX SAMPLE LOCKING SYSTEM) THAT WE WILL BE PROVIDING. OUR PLANT MANAGER HAS ASKED THAT WHEN FILLING OUT THIS DIMENSIONAL FORM GRAPHIC THE MEASUREMENTS BE FROM THE ACTUAL CONCRETE VAULT FOR WHICH WE WILL BE BUILDING YOUR LOCKING SYSTEM. THE MOST CRUCIAL MEASUREMENTS ARE THE UPPER LID INNER DIMENSIONS: "W", "V", AND "X", AS SHOWN ON OUR DRAWING. SOMETIMES THESE MEASUREMENTS ARE NOT PROVIDED BY THE MANUFACTURER. PLEASE HAVE ONE OF YOUR STAFF MAKE THESE MEASUREMENTS AND COMPLETE THIS FORM IN IT'S ENTIRETY PAYING EXTRA ATTENTION TO THESE CRUCIAL MEASUREMENTS OF THE UPPER LID INSIDE.ALSO INCLUDE A COPY OF YOUR SPEC DRAWING IN YOUR RETURN EMAIL TO ME. THANKING YOU IN ADVANCE , CARMEN CARMONA LIGHTING SECURITY PRODUCTS 1-866-922-5661 -- I EXHIBIT B 56" x 6' PAD FOR SURFACE-MOUNTED TRANSFORMER (30--75KVA THROUGH 150KVA) (NO SWITCH) SERYNCE CONDUITS MUST BE IN THIS PRIMARY OMITS ERED SECTON (MAX. 4� MUST BE CENT IN AS FAR TO R#RI T THIS SECTION. AS POSSIBLE. ! 66' PRIM, SEC. UMISTRUT i j GROUND BARN 15' T rc J MRE _� 6' __ 13' b• r DOOR SIDE OF tr 38' 1r TRANSFORMER SIDE OR BACK I PAD 72 IN CiEARANCE�S Re4lM1ED TO BE MgMUM 3 FROM OROPER TIOMµ R ODE) MDNS DACE PLAN SURFACE N5"CO1>B11511BLE cm 3 '. GRADE r ELEV. 6ROlAVD SP%iEtRUSHED�ROCtc via kft 3'MAX 3 MAX FLOOR OF iiiiii +5 C1 Ab, 'CCNT0R10US LENCTN OF /2/0 MNM. B.C. GROUND w TM RECUI� EDISONO APR H GROUND CLAWS #GROUN omG MATERIALS FURNISHED AND INSTAU.ED BY CONTRACTOR REF. ESR 254 RISER BENDS US 170 UGS 500 PADMOLINT UGS 504 REQUrDOT5 UGS 7M UGS 703)OROUND RODS D42: Rev. 05/21/01 ' 42 Ilk. i EXHIBIT B NOTICE OF REQUIREMENTS FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246 AND 41 CFR PART 60-4) The following Notice shall be included in, and shall be a part of all solicitations for offers and bids on all Federal and federally assisted construction contracts or subcontracts in excess of$10,000. I� 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 15.0% 5.0% . These goals are applicable to all the Contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its federally involved and non federally involved construction. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal.Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract,and in each trade and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract,the Executive Order,and the regulations in 41 CFR Part 60-4.Compliance with the goals will be measured against the total work hours performed. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of$10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract;estimated starting and completion dates 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 g solicitation,the "covered area"is: 3 S -4 State of County of City of EXHIBIT B U.S.DEPARTMENT OF COMMERCE FORM CD-512 (REV 12-04) CERTIFICATION REGARDING LOBBYING LOWER TIER COVERED TRANSACTIONS Applicants should review the instructions for certification included in the regulations before completing this form. Signature with certification requirements under 15 CFR Part 28, "New Restrictions on Lobbying." on this form provides for compliance q LOBBYING Statement for Loan Guarantees and Loan Insurance As required by Section 1352, Title 31 of the U.S. Code, and The undersigned states, to the best of his or her knowledge implemented at 15 CFR Part 28,for persons entering into a grant, and belief, that: cooperative agreement or contract over$100,000 or a loan or loan guarantee over$150,000 as defined at 15 CFR Part 28, Sections In any funds have been paid or will be paid to any person for 28.105 and 28.110,the applicant certifies that to the best of his or her influencing or attempting to influence an officer or employee knowledge and belief,that: of any agency,a Member of Congress,an officer or employee of Congress, or an employee of a Member of Congress in (1) No Federal appropriated funds have been paid or will be paid, connection with this commitment providing for the United by or on behalf of the undersigned,to any person for influencing or States to insure or guarantee a loan, the undersigned shall attempting to influence an officer or employee of any agency, a complete and submit Standard Form-LLL, "Disclosure Form Member of Congress in connection with the awarding of any to Report Lobbying," in accordance with its instructions. Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, Submission of this statement is a prerequisite for making or and the extension, continuation, renewal, amendment, or entering into this transaction imposed by section 1352, title modification of any Federal contract, grant, loan, or cooperative 31, U.S.Code. Any person who fails to file the required state- agreement. ment shall be subject to a civil penalty of not less than$10,000 and not more than $100,000 for each such failure occurring (2) If any funds other than Federal appropriated funds have been on or before October 23, 1996, and of not less than $11,000 paid or will be paid to any person for influencing or attempting to and not more than $110,000 for each such failure occurring influence an officer or employee of any agency, a Member of after October 23, 1996. Congress,an officer or employee of Congress,or an employee of a member of Congress in connection with this Federal contract,grant, loan,or cooperative agreement,the undersigned shall complete and 1 submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants,loans,and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352,title 31, U.S. Code.Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than $100,000 for each such failure occurring on or before October 23, 1996, and of not less than $11,000 and not more than$110,000 for each such failure occurring after October 23, 1996. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above applicable certification. NAME OF APPLICANT AWARD NUMBER AND/OR PROJECT NAME PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE SIGNATURE DATE EXHIBIT B 10 APPENDIX O O EXHIBIT B APPENDIX I—FEDERALLY FUNDED PROJECT REQUIREMENTS APPENDIX I FEDERAL FUNDED PROJECT REQUIREMENTS '" Appendix I, Page 1.1 EXHIBIT B APPENDIX I—FEDERALLY FUNDED PROJECT REQUIREMENTS Supplementary Conditions of US Department of Housing OMB Approval No 2502-D470 and Urban Development (Expire-s5131 2010) the Contract for Construction CJffice of Housing Federal Housing Cornnassioner Rabic reporting burden for this collection of nformation is mlimated to average 30 minutes per response.including the tale for reviewing instructions searching existing data sources gathering and maintaining the date needed,and completing and reviewing the collection of information.This ntorma- tion ra roqubrid to obtain bwahffi and vokmtary.HUD may not c0IIAM tilts Information,and you are not raquxad to complel&this form,un43W it displays a currently valid OMS control number This information collection s nocosaary td ursura that viabla projocts are devwopod. it is important to obtain nforrnation from applicants to assist HUO in determining if nonprcifit organizations initially funded continue to have the finain aal and mtm riMirative capacity needed to develop it protect and that tie project design meets the needs of the residents. The Department will use this information to aeta forth the obligations of the contractor or subcontractor performing under tha covered contract This information is raqurad in ordw to obtain bwwfits. This information is considered non- sensitive and no assurance of confidentiality is provided. ArtiGlel-La#iorStandatds requested is not performed by a cleasitication in the wage determination; and Instructions (2) The classification is utilized in the area by the Whenever only FHA mortgage insurance is involved,use paragraph construction industry: and iA)and(C)of Article 1-tabor Standards Whenever any direct form (3) The proposed wage rate,including any bona fide of assstarice iSection a,Section 202-911 Capital Advance.grants fringe benefits,bears a reasonable relationship to the etc.)is involve d,use paragraphs(A)and(B)and(C)of Article 1 - wage rates contained n the wage determination. Labor Standards (b) It the contractor and the laborers and mechanics to Applicability be employed in ft classification(it known),or their representatives, The Project or Program to which the construction work covered by and HUD or its designee agree on the classification and wage rate this oontrac4 pertains is being assisted or insured by the United (includirg the amount designated forfrirge beneits where appropri- States of America aril the following Federal labor Standards Provi- atgi,a report of the action taken shall be sent by HUD or is designee stons are included n this Contractor related insh rnertpursuanttothe to the Adrrnnterator of the Wage and Hour Division,Employment provisions applicable to such Federal assistance or insurance. Standards Administration, U.S.Department of tabor,Washington, A,1. (1) MinitrnimWel All laborersand mechanics employed D.C.202101 The Administrator,or an authorized representative.will or working upon the aite of the work(or trlder the United States approve,modify,or disapprove every additional classification act on Housing Act of 1937 or under the Housing Act of 1949 in tfle within 30 days of receipt and so advise HUD or its designee or will construction or develepmerd of thepro)ed),will bet paid uncondition- rrtity HUD or Its designee within the 30-day period that additional ally and not less often than once a week,and without subsequent time is necessary. (Approved by the Office of Management and deduction or rebate on any accortt iexcept such payroll deductions Budget under OMB control number 1216-0140 j as are permitted by regulations Issued by thre Secretary of tabor (o) Inthheeverl the contractor.thelaboremormechan- under the Copeland Act 129 CFR Part 3),the full amount of wages ics to be employed n the dasatication or their representatives,and and bona fide fringe benefits (or cash equivalents thereof,due at HUD or its designee do not agree on theproposed classdication and time of payrriert computed at rates not less than those contained in wage rate (including the amaxt designated for fringe benefits, the wage deterati ation of the Secretary N Labor which is attached where approprlatei,HUD or Re designee shall refer the questions, hereto and made a part hereof, regardless of any contractual includingthhe viewa d all interested parties and the recommendation relationship which may be alleged to exist between the contractor oc HUD or its designee•to the Adrfanistrator for determination The and such laborers and mechanics Contributions made or costs Administrator,or an authorized representabve,will issue a deterna- ressona bly anticipated for borba fide fringe benefits under Section nation within 30 days of receipt and so advise HUD or its designee 11b)(2;of the Davis-Bacon Act on behalf of laborers or mechanics or will notify HUD or its designee within the 30-day period that are oonsidered wages pad to such laborers or mechanics,subject additional time is necessary.!Approved by the Office of Manage- to the provisions of 29 CFR 5.5(a)(1)(tv);also,regular contributions ment and Budget tinder OMB Controi Number 121&0140.) made or coats incurred for more than a weekly period(but not less (d) The wage rate (inducing fringe benefits where often than quarterly)under plans,funds•of programs,Which cover appropriate)determined pursuant to subparagraphs A.1.(ii)(b)or(c) the particular weekly period are deemed to be constructively made of this paragraph,shall be paid to all workers performing work in the or incurred during such weekly period classification under the contract from the first day on wNdh work is Such laborers and mechanics shall be paid the appropriate wage performed in the classification rate and fringe benefits on thewage determination for the cleseifica- (ill)Whenever the minimum wage tale prescribed in the tron of work actually performed,without regard to skill,except as contract for a Gass of laborers or mechanics includes a fringe benefit provided in 29 CFR Pen 5.5ia1(4j.Laborers or rrechnrvca perform- which is not expressed as an hour by rate,the contractor shat either ing work in moretran one classification maybe compensated at the pay the berhsfit as stated in the wage determination or shall pay rate specified for each dassifimbon for the time actually waked another bona tide fringe banefitoran hourly cash equivalent thered. therein Provided,That the employer's payroll records accurately set forth the time spent in each dassticationin which work isperforrrietl (iv) Ifttiemnttactordoesrutrrrakepaytnerltstoatrtasteeor The wage determination(including any additional classification and other third person,the contractor may consider as part of the wages wage rates conformeduider29CFR Part 6.5iaia;ij(iiiand the Davis- of any taborer or mechanic the amount of any costs reasonably Bacon poster MH-1321)shat be posted at all timers by the contractor antuapated in providing bona fide fringe benefits under a plan or and its subcoraractom at the site of the work in a prominent and program,Provided That the Secretary of Labor has found,upon the axessible place where If can be easily seen by the workers. written request of the contractor,that the applicable standards of the (ii) a class of laborers or mechanics which �s not Davis-Bacon Act have been met-The Seoretary of Labor may require ( ) ( ) the contractor to ad aside in a separate twoourt assets for the meeting listed in the wage determination and which is to be employed under of obligations under the plan or program (Approved by the Office of the contract shall be classified in conformance with the wage Managemerit and Budget under OMB Control Number 1215-0140.) determination HUD shall approve an additional classification and wage rate and tnrVe bertetits therefore ony when the following 2. Withholding. HUD or its designee shall upon its own action criteria nave been met or upon written request of an authonzed representative of the Department of Labor withhold or cause to be withheld from the (1) The work to be performed by the classification contractor under this contract Of any other Federal contract with the Raplacas FHA-2-354%why n is obcolata Page 1 of 4 lam NU f.Han {12:k 45711 g ref.Handbook 4571.1 Appendix I, Page 1.2 EXHIBIT B APPENDIX I—FEDERALLY FUNDED PROJECT REQUIREMENTS same prone contractor, or any other Federally-asststad contract helper,apprentice,and trainee,employed on the con- subject to Davts-Bacon prevailing wage requirements,which is ieeld tract during the payroll period has been paid the fuli by the same prone contractor so much of the accrued payments or weekly wages earned,without rebate,either directly or advances as may be considered necessary to pay laborers and indirectly.andthat no deductions havebeen made either mechtanics,inetuxding apprentioc�,trainees and helpers,employed directly or indirectly from the full wages earned,other by the contractor or any subcontractor the full amount of wages than permisseblet deductions as set forth in 29 CFR Part required by the contract.In the event of failure to pay any laborer or 3: mechanics,including arty apprentice.trainee or helper,employed or (3) That each taborer or mechanic has been paid not working on the site of the work(or urider the United States Housing less titan the applicable wage rates and fringe benefits Act of 1937 or under the Housing Ad of 1948 in the construction or or cash equivalents for the classification of work per- development of the projects,all or part of the wages required by the formed,as specified in the applicable wage determine- contract, HUD or its designee may, after written notice to the tion Incorporated irto the contrail contractor,sponsor,applicant.or owner.take such action as maybe (c) The weekly submission of a properly executed necessary to cause the suspension of any further payment,ad- certification set forth on the reverse side of Optional Form WH-347 vane.or guarantee of funds until such vnolations have ceased HUD Shall satisfy the requirement for submission of the"Statement of or its designee may,after written notice to the contractor,disburse Compliance`required by paragraph A.3.(ii)(b)of this section such amounts withheld to and on account d the contractor or d The islsiticat on of any d the above certifications suboontraotortothe respective employees to whom"are due.The (d) Comptroier General shall make such disbursements in the case of may subject the contractor or subcontractor to civil or criminal direct Davila-Becon Act contracts. prosecution under Section 1001 of Title 18 and Section 231 of Title 3. (1) Payrolts and basic records. Payroiis and basic records 31 of the United States Code relating theretashetbamairtainedbythecornact«during the course (iii) The contractor or subcontractor shall make the records of the work and preserved for a period of three years thereafter for at required under paragraph A.3.;1)of this section available for raw- taborem and mechanics working at the site of the work for under the ton.copying,or transcription by authorized representatives of HUD Unted Statas Housing Act of 1937,or under the Housing Ad of 1948. or its designee of the Department of tabor,and shall permit such in the construction or development of the projed).Such records shall representatives to interview ernpbyees during working hours on the contain the name,address,art]social security number of each such job. if the contractor or subcontractor falls to submit the required worNer,his or her conect cissufloation,hourly rates of wages paid records or to make them available.HUD or its designee may,after (inckding rates of contributions crcosfa artlapatesdfor bona tide forge written notice to the contractor,sponsor,applicant,or owner,take benefits or caah equivalents thereof of the types described in Sect on such action as may W neoessary to cause the suspension of any 1fb)(2)(B)of the Dada-Bacon Act),daily nsdweekly number of hours further prmsart. advance, or guarantee of hinds. Furthermore, worked, deductions made and actual wages paid. Whenever the failure to snbrnit the required records upon request or to make such Secretary of Labor has found Lo-der 29 CFR 5.o(a)i;t)(ivithatthewages reoods available may be grounds for debarment action pursuant to of arty laborer or nnechanio IncluXde the amoutlof any costs reasonably 29 CFR Part 5 12 antiapated in providing benefts under a plan or program described in 4, (f) Apprentices,crud irainess.Apprentices.Apprentices Section 1(b)(2)(B)of theDaws-Bacon Ad,the ootractoshall maintain will be permitted to work at lass than the predetermined rate for the reoords which show that the commitment to provide such benette z work they performed when they are employed pursuant to and enforceable,that the plan or program a financially responsible.and that Individually registered ina bone fide apprenticeship program regis- the plan orprogram has been communicated in writing to the laborers tered with the U.S.Department of Labor.Employment and Training ormedeniceaffect ed,and records wtrchshowthecosts anticipated or Administration.Bureau of Apprenticeship and Training, or with a theadual cost incurred inprovidingsuchbe rieFits.Contractoraenploy- State Apprenticeship Agency recognized by the Bureau, or if a trig apprentices or trainees under approved programs shall maintain person is employed in his or her test 90 days of probationary written evidence of the reglstralion of apprentice"programs and employment as an apprentice in such an apprenticeship program. eertitfoatanof tralneeprograms,the registration of the apprentices and who is not individually registered in the program,but who has been trainees,and the ratios and wage rates prescribed in the applicable certified by the Bureau of Apprenticeship and Training or a State programs �Apprcved by the Office of Management and budget under Apprerticeahp Agerroy(where appropriates lobe effgfble for proba- OMB Control Numbers 121&-0140 and 1215.0017.) tionary employment as an apprentice.The allowable ratio of appren- (it) (a) The contractor shall submitwe eklyfor each weekin ticeato Journeymen on the job stein"craft classification shall not which any contract work is performed a copy of all payrolls to HUD be greater then the ratio permitted to the contractor as to the entire or its designee if the agency is a party to the contract,but if the work force under the registered program.Arrf worker listed on a agency is not such a party,the contractor will submit the payrolls to payroll at anapprentice wage rate,who is not registeredor otherwise the applicant,sponsor,or owner,as the case may be,for trartsma- enpioyed as stated above,shalt be paid not less then the appiloable sion to HUD or its designee.The payrolls submitted shall set out wage rate on the wage determination tor the okssadilcation of work accurately and completely all of the information required to be actually performed. In addition,any apprentice performing work on maintained under 29 CFR Part 5.S a){�(i;.This information may be the job site in excess of the ratio permitted under the registered submnitt ed insrty iormdesined.Options]Form VVH-347 is avallablefor program shall be paid not less than the applicable wage rate on the this purpose and may be purchased from the Superintendent of wage determination for the work actually performed Where acon- Documerts(Federal Stock Number 029-006-00014-1),U.S. Gov- tractor is performing construction on a project In a locality other them errment Printing Office,Washington,D.C.20402.The prime con- that in which is program is registered.the ratios and wage rates tractor is responsible for the submission of copies of payrolls by all ,expressed in percentages of the journe•,Rnan's houry rate)speci- subeontractors(Approved by the Office of Management arid Budget fiedinthecontrac4ar'sorscbootractor's registered program shall be under OMB Control Number 1215.0149.) observed.Every apprentice must be paid at not less than the rate (b) Each payroll submitted shall be accompanied by a specified in the registered program for the apprentice's level of "Statement of Compliance."signed by the contractor or subcontra- progress,expressed as a percentage of the journeymen hourly rate tar or his or her agent who pays or supervises the payment of the specified in the applicable wage determination.Apprentices shall be persons employed under ft contract and etch certlythe following. paid fringe benefits In accordance with the provislons of the apprerr, tfceship program. If the apprenticeship program does not specify (1) That the payroll for the payroll period contains the tdnge benefits,apprentices must be paid the full arriou t of fringe information required to be maintained under 29 CFR benefits Bated on the wage determination for the applicable clasaiti- Part 5.5(a}{3)(i)and that such information is correct and cation, it the Administrator determines that a different practice complete; prevails for the applicable apprentice olasslostfon,fringes shall be (2) That each borer or mecharre (including each paid in accordance wtth that determination In the event tha Bureau torn)HUD-25M;1210+2005) Replacer FHA 2554 which is obcoiute Papa 2 or 4 ref Hand ook 4571 1 Appendix I, Page 1.3 i I EXHIBIT B APPENDIX I—FEDERALLY FUNDED PROJECT REQUIREMENTS of Apprenticeship and Training,or a State Apprenticeship Agency Ineligible to beanrarded 0overnment contracts by virtue of Section recognized by the Bureau,withdraws approval of an apprenticeship 3(a)of the Davis-Bacon Act or 29 CFR 5.12(oyl)or to be awwarded program,the contractor will no longer be perm ttedto utilize appren- HUD contracts or participate in HUD programs pursuant to 24 CFR floes at leas then the applicable predetermined rate for the work Part 24 performed until an acceptable program is approved (ii} No part of this contract shelf be subcontracted to any (ill Trainees.Except as provided n29 CFA 316,trainees person orfrmineligilble for award ofa Government contract byvstue will not be permitted to work at lase than the predetermined rate for of Section 3(a}of the Davis-Bacon Act or 29 CFR 5 12(a;(1)or to be the work performed unless they are employed pursuant to and awarded HUD contracts or participate in HUD programs pusttart to individually registered in a program which has received prior ap- 24 CFR Part 24 proval.evidenced by formal certification by the U S Department of (tit)The penalty for making talse statemetlts is prescribed in Labor,Employment and Training Administration.The ratio of train- the U.S.Criminal Code,18 U.S.G.1001.Additionally,U.S.Criminal ees to journeymen on the job siteahall not be greater than permitted Code.Section 1010,Tito 18,U.S.C..'f=ederal Housing Administra- under the plan approved by the Employment and Training Admin s- tion transactions`.provides in part:"Whoever,for the purpose of, tration.Even trainee mi-at be paidat not lessihen the rat especified .influencing In ary way the action of such Administration ..makes, in the approved program for the trainee's level of progress, ex- utters or publishes any statement,knowing the same to betake . pressed as a percentage of the journeymart's hourly rate specifiedin shall be fined not more than 95,000or imprisoned not more than two the applicable wage determination.Trainees shall tie paid fringe years,or both." benefits in accordance with the provisions of the trainee program If the trainee program does not mention fringe benefits.trainees shall this Contract Work Hours end Safety Standards Act.Ae used n be paidthe full amount of fringe benefits listed on the wage datermi- th s paragraph,the terms Taborets"arxt mechanics'irtcitaie watch nation unless the Administrator of the Wage and Hour Division men and guards determines that there is an app renticashvp program associated with 1. Overtime requirements. No contractor or subcontractor the corresponding journeyman wage rate on the wage determination contracting for any part ct the cdrtrad work which may require a which provides for leas then full fringe benefits for apprentices.Any involve the employment of laborers or mechanics shall require or employee listed on the payroll at a trainee rate who is not registered permit any such laborer or mechanic in any workweek in wtic h he or andpartibpatngina training planapprovedby the Employment and she isamployedonsuchworktoworkm excess of forty hours tnsuch Training Administration shall be paid not less than the applicable workweek unless such laborer or mechanic receives compensation wage rate on the wage determination for the classification of work at a rate not less than one and one-half time the basic rate of pay actually performed.In addition,any trainee performing work on the tot all hours worked in excess of forty houra in such workweek. job site inexcees of the ratiopermitted under the regiateredprogram 2 Violation;IiabUty for unpaid wages,liquidated damages.In shell be paid not less than the applicable wage rate on the wage the event of any violation of the clause set forth in subparagraph 04 i determination for the work actually performed In the event the of this paragraph,the contractor and any subcontractor responsitiie Employment and Training Administration withdraws approval of a therefore shall be liable for the unpaid wages, in addition,such training program,the contractor will no larger be permitted to utilize contractor and suboontractor shall be liable to the United States'n trainees at Tee than the applicable predetermined rate for the work the one of work dome under contract for the District of Columbia or performed until an acceptable program 8 approved, a territory,to such District or to such territory,),for liquidated dam- ` (iii) Equal empioymsrd opportunity. The uttizatbn of ages.Such liquidated damages shall be computed with respect to apprentices, trainees and jourreirrion under this part shall be in each individual laborerormecheric,irrcluding watchmen andguands, conformity with the equal employment opportunity requirements of employed In violation of the clause set forth in subparagraph iii of Executive Order 11246,as amended,and 29 CFR Part 30. this paragraph,in the sum of$10 for each calendar day on which 5. Compliance with Copeland Act Requirements.The con- such individual was required or permitted to wok In excess of the tractorshall comply with the requirements of 29 CFR Part 3 which are standard workweek of long hours without payment of this overtime incorporated by reference in this contract wages required by the clause set forth in subparagraph(1)of this 8. Subconhaicts.The contractor or subcontractor will insert in paragraph. any subcontracts the douses contained in 29 CFR 5.6iiaj( )through 3. Withholding for unpaid wages and liquidated damages. (10) and such other clauses as HUD or is designee may be HUD or its designee shall upon its own action or upon written request appropriate instructions repute, and also a clause requiring the of an authorized representative of theDepartmerltofLaborwithhold suboantractors to include these clauses in any lower tier suboon- a cause to ion withheld,from any rraoneys payable an account of trade.The prime contractor shall be resporwible for the compliance work performed by the contractor or subcontractor under any such by anyatbcontraotor or lower tier"contractor with at the contract contract or any other Federal contract with the same prime eontrac- dat,see m 29 CFR Part 5.5. for,or arry other Federally-assisted contract subject to the Contract Work Hour and Safety Standards Act,which is held by the same 7. Contract termination:debarment.Abreaoh of the contract prime contractor such sums as may be determinedto be neoessari clauses in 29 CFR 55 maybe grounds for tar rrinationof the contract, to satisfy an/liabilities of such contractaor sub contractor torunpaid and for debarment as a contractor and a subcontractor as provided wages and liquidated damages as provided in the clause set torth in in 29 CFR 5,12 subparagraph(2j of this paragraph 8 Compliencewith Davia-bacon and Related Act Require- 4. Subcontracts.The contractor orsubcontractorshall insert in ments. All rulings and interpretations of the Davis-Bacon and any subcontracts the clauses set forth in subparagraph(i)through Related Acts contained in 29 CFR Parts 1,3, and 5 are herein (4)of this paragraph and also a clause requiring the subcortractors incorporated by reference in this contract. to inckde these dames in any lower tic subcontracts.The prime 9. Disputes concerning labor standards. Disputes arising contractor stall be responsible forcorrpliance by any subcontractor W of the labor standards provisions of this contract shall not be or lower tier subcontractor with the clauses set forth in sRbpars- stbject tothe genoreldieputes clause of the eontraot Suchdispdea graphs(1)through(4)of the paragraph shrill be resolved in scoordarloe with the prooedures of the Depart- C.The Contractor will be required to execute FHA Form Fib.2403- ment of labor set forth In 29 CFR Parts 5,8•and 7.Disputes within A.Contractor's Prevailing Wage Certificate,as a condition prece- the meaning of this clause include disputes between the contractor dent to insurance by the Federal Housing Administration of that Tor any of is subcontractors)and HUD or its designee,the U S. certain mortgage loan,or an advance thereof,made or to be made Department d e Labor,or the mployees or their representatives. by the mortgagee in connection with the construction of the project 10. (1) Certification of Eligibility.Byentenng Into this contract Artide2—Equal Employment Opportunity the contractor certifies neither it(nor he orshe)nix arty person or firm who has an interest in the cortractor's firm is a person or firm The applicant hereby agrees that it will incorporate or cause to be form HUD-2936 Replarcoa FHA-2W4 which is obsoloin Page 3 d 4 ref.Handbt,nk 4$71.1 Appendix I, Page 1.4 EXHIBIT B APPENDIX 1—FEDERALLY FUNDED PROJECT REQUIREMENTS n rorporated into*my coact for construct on work,or modification Prayxted, Tins if the applicant so participating is a State or local thereof,as defined n the regulations of the Secretary of Labor at 41 government,the above equal opportunity clause is not apptcable to CFP Chapter 60,which is paid for in whule or in part with funds any agency, instrumentality or subdivision of such government obtained from the Federal Government or borrowed on the credit of which does not participate in work on or under the contract the Federal Government pursuant to a grant,contract,loan insur- t The applicant agrees that twill assist and cooperateactivelywnth ance,or guarantee,er undertaken pursuant to any Federal program the administering agency and the Secretary of Labor in obtaining the Imtdvig such grant. contract,loan,insurance,or guarartee,the compliance of contractors and subcontractors with the equal oppor- foliowng equal opportunity clause' tunity Cause and the rules, regulations,and reievant orders of the During the performance of this contract,ftle Contractor agrees as Secretary of Labor,that it will futnish the acirrunstering agency and folkms. the Secretary at Labor etch information as they may require fa the A.The Contractor will not discriminate against any employee or supervision of such compliance,and that it will otherwise assist the applicant for employment because of race,color.religion,sex,or administering agency in the discharge of the agenicy's primary national origin.The Contractor will take affirmative action to ensure responsibility for securing compliance. that applicants are employed.andthatemployessare treated during J. The applicant further agrees that it will refrain from entering into employment without regard to their race, cola. religion, sex or any contract or contract modification subject to Executive Order national origin Such action shall include,but not be limited to the 11246 of September 24,1965,with a contractor debarred from,or following Employment, upgrading.demotion,or transfer; recruit- who has not demonstrated eligibility tot,Government contracts and ment or recruitment advertising:layoff or termination,rates of pay or federally assisted construction contracts pursuant to the Executtve other forms at oomperisatbn,and selection tor training Including order and will carry out such sanctions and penalties for violation of apprenrboeshga The Contractor agrees to post in conspicuous places the equal opportunity clause as may tea Imposed upon contractors avatableto employees and applioaf its for employment notices to be "subcontractors by the administering agency or the Secretary of provided settingforththeprovisionsofthis nondiscrimination clause. Labs pursuant to Part 11. Subpart D of the Executive order. In B,The Contractor will, in all solicitations or advertsemerlts for addition,the applicant agrees that if it fails or refuses to comply with employees placed by or on behaff of the Contractor state that all these undertakings,the administering agency may take any or all of qualified applicants will receive coiakferation for employment wth- the following actions:Cancel.terminate,or suspend in whole or in out regard to race,color.religion,sex,or national origin part this grant(contract,ban,insurance,guarantee): retrain from the program C.The Contractor rill send to each labor representative representeve of ehderxtng any further assistance to the applicant under workers with which it has a collective bargaining agreement or other with respect to which the failure a refund occurred until satisfactory such� g assurance ct tutus compliance has been received from such appti- contract or understainding a notice to be provided advising the said cant and refer the case to the Department of Justice for appropriate labor cation or workers representatives of the Contractors oommh- legal proceedings ments hereunder,and shall post copies of the notice in conspicuous Article 3—Equal Opportunity for Businesses and Lower places available to errployees and applicants for employment. q� ppo Y D.The Contractor whit comply with all provisions of Executive Order Income Persons Located Within the Project Area 11246 of September 24, 1866 and of the rules, regulations, and (Applicable to Section 236 projects.where the estimated replace- relevant orders of the Secretary of Labor ment met of the project as determined by the Secretary of Housing E,The Contractor wit fumishail information and reports required by and Urban Development exceeds S500.000, and to all projeots. Executive Order 11246 of September 24, 1965, and by rules, inducting Section 28d regardless of estimated replacement cast, regulations. and orders of the Secretary of Labor, or pursuant recelving rentsupplement assistanoe underTitie 1,Section 101 of the thereto,and will perrritacceastoitsbools,records.ardaccoxtaby Housing and Urban Development Act of 19%) the Secretary of Labor for purposes of investigation to ascertain A.The work to be performed order thin contract is on a project compliance wtth such rukc,regulations,and orders &misted under a program providing direct Federal financial assis- F. In the event of the Cortrador's nonicompliance with the nondis- tance from the Department of Housing and Urban Development and crimnatbn olauses of this contract or with any of the said rules, is subject to the requirements of Section 3 of the Housing and Urban regulations,or otters,this contract may be canceled,terminated,or Development Ad of 1968,as amended,12 U.S.C. 1701 u.Section 3 suspended in whole or in part and the Contractor may be declared requires that to the greatest extent feasible opportunities for training ineligible for further government contracts or tederalhy amisted and employment be given lower income residents of the unit of local construction otxntracts In accordance with procedures authorized in government or the metropolitan area(or nonmetropolitan county')as Executive Order 11246 of September 24, 1988, and such other determined by the Secretary of Housing and Urban Development in sanctions may be imposed and ramedes invoked as provided in 'which the projects located and contracts far work in connection with Executive Order 11246 of September 24,1965,or by rule,regulations the project be awarded to business concerns which are located in,or or order of the Secretary of Labor,or as otherwise provided by law owned insubstantial part by persons residing in the same metropoli- Q.The Contractor will include the portion of the sentence imnedi- tan area for nonmetropolitnn county)as the pro}ed atehy preceding paragraph A and the provisions of paragraphs A Article 4—Health and Safety through G in every subcontract or purchase order unless exempted A.No laborer or medmricahab be regraredto workmsurroundirgss by rules, regulations.or orders of the Secretary of Labor issued or under working conditions which are unsantarr, hazardous, or pursuant to Secbon 204 of Executive Order 11246 of September 24. dangerous to his health and safety as determined under construct ion 1966,so that suoh proviskanswill be bincling upon each subcontrao sWely and health standards promulgated by the Secretary of Labor tor or vendor,The Contractor will take such ractionwith respect toany by regulation subcontract or purchase order as the Secretary of Housing and K The Contractor shall comply with all regulations issued by the Urban Develop ment or the Secretary of Labor may direct anameans Secretary of Labor pursuant toT M20 Part 1920(for many part 1b18i of enforcing such provisions, including aahctions for n0 mcompli- ance.Provfdad,however,that in the event the Contractor becomes and failure a campy may result in imposition na of Act(Public o pursuant to involved tn.or is threatened wfth,gtigatitm with a subcontractor or 54.83 t tract Work Hours end SafdyStardardaAa Law 91- vendor as a result of such direction by the Secretary of Housing and 5 t Stmt.�' Urban Development or the Secretary of Labor,the Contractor may C.The Contractor stall include the provisions of this Article in every request trine United States to ener into such litigation to protect the subcontract so that such provisions will be binding on eachsubcon- trrterews of the United States. tractor The Contractor shall take such action with respect to any H.The applicant further agrees that it will be bound by the above subcontract as the Secretary of Housing and Urban Development of equal opportunity clause with reaped to its own employment prac- the Secretary of Labor shall dire.4 as a nneans of eriforoinrg such tiom when it participates in federally assisted constniction work provisions foam HUD-2594(12'20�20W RMOW82 FHA-2664 which is obeoiale. page 4 of 4 ret.Handbook 4571.1 Appendix I, Page 1.5 EXHIBIT B APPENDIX I—FEDERALLY FUNDED PROJECT REQUIREMENTS Federal Labor Standards Provisions U.S.Department of Housing and Urban Development Mice of Labor Relations Appllcabllity (1) The work to be performed by the classification The Project or Program to which the construction Mork 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 121 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 :rage rate, including any bona tide assistance, fringe benefits, bears a reasonable relationship to the A. 1. (1) Minimum Wages. Ali laborers and mechan-s * age rates contained in the wage determination. employed or working upon the site of the work.will be pad (b) it 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. end HUD or its designee agree on the (except such payroll deductions as are permitted by classification and wage rate iinctuding 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 tot 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 rspresentattve 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 llh)(2)of the Davis-Bacon .Act on behalf of Management and Budget under OMB control number 1215- laborers at mechanics are considered wages paid to such 0140) laborers or mechanics subjscl to the provisions of 25 CFR 5.5taj(1)(ivj also, regular contributions made or costs to !b the event the contractor the laborers a mechanics incurred for more than a weekly period (but not less often to ht employed in the clsigno ado or their on then quarterly) under plans, funds, or programs, which representatives, and HUD or its designee do not agree he cover the particular weekly period. are deemed to be the proposed designated end »age rate iinctuding the constructively made or incurred during such weekly period amount its sign for tinge benefits. where appropriate). HUD w Its dasldnte shall rater 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 wilhin the 30-day period that each classification for the t me actually worked therein additional time is necessary. (Approved by the Office of Provided, Thal 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.) wor k Is performed. The'wage determination ilnclud)ng any additional classification and wage rates conformed under appropriate,)The weds rate (Including fringe to benefits where 29 CFR 5 S(a)(1)(ti) and the Davis-Bacon poster (WH- appii)(b) e) determined pursuant to subparagraphs 1321)shall be posted at all limes by the contractor and its workj(b) or (r of this Din theph. shall io paid r all subcontractors at the site of the work in a prominent and 'corkers Performing .work in the classification(ion under this accessible. place where it can be easily seen by the contract from the first day on v.tiich work is pertained in [he classification. workers. Jill (a) Any class of laborers or mechanics which is not (ift) Whenever the minimum wage rate proscribed in the listed in the wage determination and which is to be contract for a class of laborers or mechanics includes a employed under the contract shall be classified in fringe benefit which is not expressed as an hourly rate,the conformance with the wage determination, HUD shall contractor shall either pay the benefit as stated in the approve an additional classification and wage rote and wage determination or shall pay another bona fide fringe 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 form HUD-4010(DG 2009) Previous effilims are closdete Page 1 a S ref.Handbook 1344.1 Appendix I, Page 1.6 EXHIBIT B APPENDIX I—FEDERALLY FUNDED PROJECT REQUIREMENTS same prime contractor, or any other Federally-assctcd contract helper,apprentice,and traineei employed on the corn subject to Davis-Bacon prevaringwage requirements,which is held tract during the payroll penod has been paid the full by the same prone contractor so much of the accrued payments or weekly wages earned,without rebate,either directly or advances as may be considered necessary to pay laborers and indirectly,andthat no deductions havebeen madeeither m4ohanics,including apprenik,es,trainees and heirs,employed directly or inchrectty from the full wages earned,ether by the contractor or any sWcontractor the full amount of wages than permissable deductions as set forth in 29 CFR Part required by the contract.in the event of failure to pay any laborer or 3. mechanic,including any apprentice,trainee of helper,employed or (3) That each laborer or meoharic has been pail n-.t working on the site of the work(or under the United States Housing less than the applicable wage rates and fringe ber*M3 Act of 1937 or under the Housing Ad of 1949 in the construction or or cash equivalents for the classification of work per- development of the project),all or part of the wages required by the formed,as specified in the applicable wage determina- contract, HUD or its designee may. after written notice to the tion incorporated into the contract. contractor,sponsor,applicant,or owner,take suchaction as may be (c) The weekly su brission of a property executed necessary to cage the suspension of any further payment, ad- certification set forth on the reverse side of Optional Form WH-347 vance.orguarantee of tirlds;until such violations have ceased.HUD shell satisfy the requirement for submission of the"$ttement of of its designee may,after written notice to the contractor.disburse Compliance required by paragraph A.3.iiiitb)of this section. such amounts withheld for and on account of the Contractor or subcontractor to the respect iveempioyees towhwmr they are due The (d) The falsification of any of the above certifications Conptroler Qer-eral shall make such disbursemerta in the case of may subject the contractor or subcontractor to civil or criminal c rect Davis-Bacon Act contracts. prosecution under Section 1001 of Title 18 and Section 231 of Title 3. (1) Payrolls and basic retards Payrolls and basic record 31 of the United States Code retailing thereto stall be malntainedby the contractor during the course (iii) The contractor or subcontractor shall make the records of the work and preserved for a period of three years thereafter for at required under paragraph A 3.!i)of this section available for lrspeo- laborers and mechanics waking at the site of the work for under the tion,oofryfng,or transcription by authorized representatives of HUD United States Housing Act of 1937,or under the Housing Act of 1 849, or fts designee or the Department of tabor,and shall permit such n the construction or ttead0ptltert of the project}.Su reewds shall representatives to interview employees during working hours on the contain the narne,address.91x1 social seouriry number of each such fob. If the contractor or subcontractor nails to submit the required worker,his cr her owed classtfioatton,hourly rates of wages paid records or to make them available,HUD or its designee may,after (including rates of contributions or coats articipaledfor bonaiflda triage written notice to the contractor,sponsor,applicant,or owner,take benefits or cash equivalents thereof of the types described in Section such action as may be necessary to cause the suspension of arri 1 ib)k�NBj of the Davis-Bacon Ad),daily end weekly number of hours further payrneril. advance, or guarantee of funds, Futthermore, worked, deductions made and actual vagas paid. Whenever the failure to submit the required records upon request of to makes such Secretaryof Labor has found urdan29CFA 5.5(a)i EXHIBIT B APPENDIX I—FEDERALLY FUNDED PROJECT REQUIREMENTS 0 (2) That each laborer or mechanic ririouding eadh 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 trip 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 then 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 f3) 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 rash 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 incorporated into the contract rate) specified in the contractor's or subcontractors registered program shall be observed. Every apprentice (c) The weekly submission of a properly executed must be paid at not Teas than the rote specified certification set forth on the reverse side of Optional Form g the registered program for the apprentice's level l o 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.(hlfb). 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 hinge benefits. prosecution under Section 1001 of Title 1B 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 (I111 The contractor or subcontractor shall make the classification If the Administrator determines that a records required under subparagraph A 3(1) available for different practice prevails for the applicable apprentice inspection copying, or transcription by authorized classificatlon fringes shall be paid in accordance w,th 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 mss. 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 contracts will no longer be permitted to utilize may, after written notice to the contractor, sponsor, apprentices at less then 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 (11) Trolnaes. 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 then 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 'Acr and individually registered in a d. Apprentices and Tralnaes program which has received prior approval, evidenced by (I) Apprentices. Apprentices will be permitted to work at formal certification by the U.$ Department of Labor. less than the predetermined rate for the work they Employment and Training Administration The ratio of performed when they are employed pursuant to and trainees to journeymen on the job site shall not be greeter individually registered in a bone tide apprenticeship than permitted under the pi an approved by the program registered with the U.S Department of Labor. Employment and Training Administration Every trainee Employment and Training Administration Offica of must be paid at not less than the rate specified in the Apprenticeship Training, Employer and Labor Services, or approved program for the trainee's level of progress• with a State Apprenticeship Agency recognized by the expressed as a percentage of the journeyman hourly rate Office. or if a person is employed in his or her first 50 specified in the applicable -gage determination. Trainees days of probationary employment as an apprentice in such shall be paid fringe benefits in accordance with the 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 approproli to be eligible for probationary employment as Hour Division determines that there is an apprenticeship 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 not be greater than the ratio permitted to the contractor as less then 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 ,corker listed on a payroll at an apprentice wage rate. who registered and participating in a training plan approved by Previous editions are obsolete form U 010{ ) Page 3 of S ref Handbook 13441 0 Appendix I, Page 1.8 ease EXHIBIT B APPENDIX I—FEDERALLY FUNDED PROJECT REQUIREMENTS 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 9ta) of the Davis-Bacon Act paid not less than the applicable wage rate on the wage or 29 CFR 5.12(x)(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 (ill) 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 then U S. Criminal Code, Section 1 01 0. Title 18, U S , the applicable predetermined rate for the work performed "Federal Housing Administration transactions".provides in until an acceptable program is approved. pert: 'Whoever, for the purpose of . . influencing in any Jilt) 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 he fined not more than 55.000 or imprisoned not opportunity requirements of Executive Order 11246, as more than two years. or both.' amended, and 29 CFR Part 30 11. Complaints, Procaadings, 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 ether 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 B. 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 to 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 StwWards Act. The subcontracts. The prime contractor shall be responsible pavrsions of this paragraph 8 are applicablerhere the amount of the for the compliance by any subcontractor or lower tier Prims contract exceeds$100.i>a0. As used in this paragraph.the subcontractor with all the contract clauses in this terms'laborers'and'mtchanics'Includewatchmen and guards. paragraph. {1} Overtime requirements. No contractor 1x subcontractor 7. Contract termination debarment. A breach of the ¢antrocthg for any�t 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 porns any such laborer or macharlic in any workweek in which the contractor and a subcontractor as provided in 29 CFR int9vidual 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 villth Davis-Bacon and Relatad Act Raquiramants. compensatVm at a rate not less than one and ona-11aB tames the basic All rulings end interpretations of the Davis-Bacon and rate of pay for at hays waked 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 8. 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 25 CFR Parts 5. H, end T. 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. (1) Certification of Eligibility. By entering into this employed in violation of the clause set forth in contract the contractor certifies that neither it tnor he or subparagraph i i l of this paragraph, in the sum of S10for each she) nor 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 ofthe standard wortr4wk of 40hours without payment awarded Government contracts by virtue of Section 3ta)of of the overtkne wages required by the clause set forth in sub the Davis-Bscon Act or 25 CFR 5.12(a)(1) or to be paragraph(1)of this paragraph. Previous edifictris are obsolete 010 Page 4 of 5 ref Handbook 1344 1 t Appendix I, Page 1.9 EXHIBIT B APPENDIX I—FEDERALLY FUNDED PROJECT REQUIREMENTS (a) Withholding for unpaid wages and liquidated damages. HUD or Its designee shat[ upon its own action or upon ,mitten 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 at subcontractor under any such contract or any other Federal contract with the Lame 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. 441 Subcontracts- The contractor or subcontractor shall Insert in any subcontracts the clauses set forth in subparagraph (1)through r41 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 lo-or tier subcontractor with the clauses set forth in subparagraphs fl) through 141 of this paragraph. C. Health and Safety. The ppyAsions of this paragraph C ere applicable,,here the amount of the prime contract exceeds$100.000. (It No laborer or mechanic shall be required to work in surroundings or under waking 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 lasued 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 Stitt 251 40 USC 3701 et sea. (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 cdtions are Wsdete fain HUD�OtOf 6 t)09) Page 5 of 5 ref Handbook 1344.1 Appendix I, Page 1.10 r - EXHIBIT B APPENDIX II—FEDERAL WAGE DETERMINATION APPENDIX II FEDERAL WAGE DETERMINATION ® Appendix 11, Page 11.1 EXHIBIT B APPENDIX II—FEDERAL WAGE DETERMINATION General Decision Number:CA100037 10/08/2010 CA37 I Superseded General Decision Number: CA20080037 State: California Construction Types: Building, Heavy(Heavy and Dredging) and Highway County: San Bernardino County in California. BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS Modification Number Publication Date 0 03/12/2010 1 03/26/2010 2 04/02/2010 3 04/16/2010 4 06/25/2010 s 5 07/02/2010 6 07/23/2010 7 08/06/2010 8 08/13/2010 9 08/27/2010 10 09/03/2010 11 09/10/2010 12 09/24/2010 13 10/08/2010 ASBE0005-002 01/01/2010 a Rates Fringes Asbestos Workers/Insulator (Includes the application of all insulating materials, protective coverings, coatings,and finishes to all types of mechanical systems).....$32.93 15.32 Fire Stop Technician (Application of Firestopping Materials for wall openings and penetrations in walls, floors, ceilings and curtain Appendix 11, Page 11.2 i EXHIBIT B APPENDIX II—FEDERAL WAGE DETERMINATION mow. walls)...........................$ 24.21 13.76 ---------------------------------------------------------------- ASBE0005-004 01/01/2010 Rates Fringes Asbestos Removal worker/hazardous material handler(Includes preparation,wetting, stripping, removal, scrapping,vacuuming, bagging and disposing of all insulation materials from mechanical systems,whether they contain asbestos or not)....$ 18.85 8.03 - -------------------------------------------------------------- BOI L0092-003 10/01/2009 Rates Fringes BOILERMAKER......................$40.22 22.26 I=% - -------------------------------------------------------------- B R CA0004-01105/01/2010 Rates Fringes BRICKLAYER; MARBLE SETTER........$35.25 10.62 ---------------------------------------------------------------- BRCA0018-004 06/01/2008 Rates Fringes MARBLE FINISHER..................$ 25.52 9.08 TILE FINISHER....................$ 21.07 7.88 TILE LAYER.......................$32.05 11.99 ---------------------------------------------------------------- BRCA0018-010 09/01/2009 Rates Fringes TERRAZZO FINISHER................$ 26.59 9.62 TERRAllO WORKER/SETTER...........$33.63 10.46 CA R P0409-00107/01/2010 Rates Fringes Appendix II, Page 11.3 EXHIBIT B APPENDIX 11—FEDERAL WAGE DETERMINATION CARPENTER (1)Carpenter, Cabinet Installer, Insulation Installer, Hardwood Floor Worker and acoustical installer...................$ 37.35 11.08 (2) Millwright..............$37.85 11.08 (3) Piledriver/Derrick Bargeman, Bridge or Dock Carpenter, Heavy Framer, Rock Bargeman or Scowman, Rocksiinger,Shingler (Commercial)................$ 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 I FOOTNOTE:Work of forming in the construction of open cut sewers or storm drains, on operations in which horizontal lagging is used in conjunction with steel H-Beams driven or Placed in pre-drilled holes,for that portion of a lagged trench against which concrete is poured, namely,as a substitute for back forms(which work is performed by piledrivers):$0.13 per hour additional. Certified Welder -$1.00 per hour premium. CARP0409-002 07/01/2008 Rates Fringes Diver (1)Wet.....................$ 663.68 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 Appendix 11, Page 11.4 EXHIBIT B APPENDIX 11—FEDERAL WAGE DETERMINATION ---------------------------------------------------------------- CARP0409-008 07/01/2008 Rates Fringes Modular Furniture Installer......$ 19-00 7.41 ---------------------------------------------------------------- ELECO011-002 02/01/2010 COMMUNICATIONS AND SYSTEMS WORK Rates Fringes Communications System Installer...................$ 26.99 3%+8.64 Technician..................$ 28.79 3%+8.64 SCOPE OF WORK: Installation,testing, service and maintenance of systems utilizing the transmission and/or transference of voice, sound,vision and digital for commercial,educational, security and entertainment purposes for the following:TV monitoring and surveillance, background-foreground music, intercom and telephone interconnect, inventory control systems, microwave transmission, multi-media, multiplex, nurse call systems, radio page, school intercom and sound, burglar alarms,fire alarm (see last paragraph below)and low voltage master clock systems in commercial buildings. Communication Systems that transmit or receive information and/or control systems that are intrinsic to the above listed systems; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding all other data systems or multiple systems which include control function or power supply; excluding installation of raceway systems, conduit systems, line voltage work,and energy management systems. Does not cover work performed at China Lake Naval Ordnance Test Station. Fire alarm work shall be performed at the current inside wirern an total cost package ------- -------- ------------ --- ----------- ELEC0477-002 06/01/2009 4 Rates Fringes Electricians: Electrician.................$34.00 3%+14.95 CABLE SPLICER: $1.00 per hour above Electrician rate. Appendix 11, Page 11.5 EXHIBIT B APPENDIX II—FEDERAL WAGE DETERMINATION TUNNEL WORK: 10%above Electrician rate. ZONE PAY: Zone A-80 road miles from Post Office,455 Orange Show Lane,San Bernardino,will be a free zone for all contractors Zone B-Any work performed outside Zone A's 80 road miles, shall add $8.00 per hour to the current wage scale. ---------------------------------------------------------------- ELEC1245-00106/01/2010 Rates Fringes LINE CONSTRUCTION (1) Lineman; Cable splicer..$46.14 13.41 (2) Equipment specialist (operates crawler tractors,commercial motor vehicles, backhoes, trenchers,cranes(50 tons and below), overhead& underground distribution AdPW*" line equipment)...........$ 36.85 12.36 (3) Groundman...............$ 28.19 12.10 (4) Powderman...............$41.20 12.53 HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day, Independence Day, Labor Day,Veterans Day,Thanksgiving Day and day after Thanksgiving, Christmas Day ---------------------------------------------------------------- ELEV0018-00101/01/2010 Rates Fringes ELEVATOR MECHANIC................$45.33 20.035 FOOTNOTE: PAID VACATION: Employer contributes 8%of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 6%for 6 months to 5 years of service. PAID HOLIDAYS: New Years Day, Memorial Day, Independence Day, Labor Day,Veterans Day,Thanksgiving Day, Friday after Thanksgiving,and Christmas Day. ---------------------------------------------------------------- ENG10012-003 07/01/2009 "*. Rates Fringes Appendix II, Page 11.6 EXHIBIT B APPENDIX 11-FEDERAL WAGE DETERMINATION OPERATOR: Power Equipment (All Other Work) GROUP 1....................$36.83 17.22 GROUP 2....................$37.61 17.22 GROUP 3....................$37.90 17.22 GROUP 4....................$ 39.39 17.22 GROUP 5....................$40.49 17.22 GROUP 6....................$39.61 17.22 GROUP 7....................$40.71 17.22 GROUP 8....................$39.72 17.22 GROUP 9....................$40.82 17.22 GROUP 10....................$ 39.84 17.22 GROUP 11....................$40.94 17.22 GROUP 12....................$40.01 17.22 GROUP 13....................$40.11 17.22 GROUP 14....................$40.14 17.22 GROUP 15....................$40.22 17.22 GROUP 16....................$40.34 17.22 GROUP 17....................$40.51 17.22 GROUP 18....................$40.61 17.22 GROUP 19....................$40.72 17.22 GROUP 20....................$40.84 17.22 GROUP 21....................$41.01 17.22 GROUP 22....................$41.11 17.22 GROUP 23....................$41.22 17.22 GROUP 24....................$41.34 17.22 GROUP 25....................$41.51 17.22 OPERATOR: Power Equipment (Cranes, Piledriving& Hoisting) GROUP 1....................$38.18 17.22 GROUP 2....................$38.96 17.22 GROUP 3....................$ 39.25 17.22 GROUP 4....................$39.39 17.22 GROUP 5....................$39.61 17.22 GROUP 6....................$39.72 17.22 GROUP 7....................$39.84 17.22 GROUP 8....................$40.01 17.22 GROUP 9....................$40.18 17.22 GROUP 10....................$41.18 17.22 GROUP 11....................$42.18 17.22 GROUP 12....................$43.18 17.22 1 GROUP 13....................$44.18 17.22 OPERATOR: Power Equipment (Tunnel Work) GROUP 1....................$38.68 17.22 GROUP 2....................$39.46 17.22 GROUP 3....................$39.75 17.22 Appendix 11, Page 11.7 EXHIBIT B APPENDIX II—FEDERAL WAGE DETERMINATION GROUP 4....................$39.89 17.22 GROUP 5....................$40.11 17.22 GROUP 6....................$40.22 17.22 GROUP 7....................$40.34 17.22 PREMIUM 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 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 j GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch Witch,with seat or similar type equipment; Elevator operator-inside; Engineer Oiler; Forklift operator (includes loed, lull or similar types under 5 tons; Generator operator; Generator, pump or compressor plant operator; Pump operator;Signalman;Switchman GROUP 2:Asphalt-rubber plant operator(nurse tank operator); Concrete mixer operator-skip type; Conveyor operator; Fireman; Forklift operator(includes loed, lull or similar types over 5 tons; Hydrostatic pump operator; oiler crusher (asphalt or concrete plant); Petromat laydown machine; PJU side dum jack; Screening and conveyor machine operator(or similar types); Skiploader(wheel type up to 3/4 yd. without attachment);Tar pot fireman;Temporary heating plant operator;Trenching machine oiler GROUP 3:Asphalt-rubber blend operator; Bobcat or similar type (Skid steer); Equipment greaser(rack); Ford Ferguson (with dragtype attachments); Helicopter radioman (ground); Stationary pipe wrapping and cleaning machine operator GROUP 4:Asphalt plant fireman; Backhoe operator(mini-max or similar type); Boring machine operator; Boxman or mixerman ' (asphalt or concrete); Chip spreading machine operator; Concrete cleaning decontamination machine operator; Appendix 11, Page 11.8 EXHIBIT B APPENDIX II—FEDERAL WAGE DETERMINATION Concrete Pump Operator(small portable); Drilling machine operator,small auger types (Texoma super economatic or similar types- Hughes 100 or 200 or similar types- drilling depth of 30' maximum); Equipment greaser(grease truck); Guard rail post driver operator; Highline cableway signalman; Horizontal Directional Drilling Machine; Hydra-hammer-aero stomper; Micro Tunneling (above ground tunnel); Power concrete curing machine operator; Power concrete saw operator; Power-driven jumbo form setter operator; Power sweeper operator; Rock Wheel Saw/Trencher; Roller operator(compacting);Screed operator(asphalt or concrete);Trenching machine operator(up to 6 ft.);Vacuum or much truck GROUP 5: Equipment Greaser(Grease Truck/Multi Shift). J GROUP 6:Articulating material hauler;Asphalt plant engineer; Batch plant operator; Bit sharpener; Concrete joint machine operator(canal and similar type); Concrete planer operator; Dandy digger; Deck engine operator; Derrickman (oilfield type); Drilling machine operator, bucket or auger types(Calweld 100 bucket or similar types -Watson 1000 auger or similar types-Texoma 330,500 or 600 auger or similar types-drilling depth of 45' maximum); Drilling machine operator; Hydrographic seeder machine operator(straw, pulp or seed),Jackson track maintainer,or similar type; Kalamazoo Switch tamper, or similar type; Machine tool operator; Maginnis internal full slab vibrator, Mechanical berm,curb or gutter(concrete or asphalt); Mechanical finisher operator(concrete, Clary-Johnson-Bidwell or similar); Micro tunnel system (below ground); Pavement breaker operator(truck mounted); Road oil mixing machine operator; Roller operator(asphalt or finish), rubber-tired earth moving equipment(single engine, up to and including 25 yds.struck); Self-propelled tar pipelining machine operator; Skiploader operator (crawler and wheel type, over 3/4 yd.and up to and including 1-1/2 yds.); Slip form pump operator(power driven hydraulic lifting device for concrete forms); Tractor operator-bulldozer,tamper-scraper(single engine, up to 100 h.p.flywheel and similar types, up to and including D-5 and similar types);Tugger hoist operator (1 drum); Ultra high pressure waterjet cutting tool system operator;Vacuum blasting machine operator GROUP 7:Welder-General GROUP 8:Asphalt or concrete spreading operator(tamping or Appendix 11, Page 11.9 EXHIBIT B APPENDIX II—FEDERAL WAGE DETERMINATION •err 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 j compressor drill combination operator;Tractor operator (any type larger than D-5- 100 flywheel h.p. and over,or similar-bulldozer,tamper,scraper and push tractor single engine);Tractor operator(boom attachments),Traveling pipe wrapping, cleaning and bendng machine operator; Trenching machine operator(over 6 ft.depth capacity, manufacturer's rating);trenching Machine with Road Miner attachment(over 6 ft depth capacity): Ultra high pressure waterjet cutting tool system mechanic;Water pull (compaction) operator GROUP 9: Heavy Duty Repairman GROUP 10: Drilling machine operator, Bucket or auger types (Calweld 200 B bucket or similar types-Watson 3000 or 5000 auger or similar types-Texoma 900 auger or similar Appendix 11, Page 11.10 EXHIBIT B APPENDIX II—FEDERAL WAGE DETERMINATION i 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 Appendix 11, Page 11.11 EXHIBIT B APPENDIX II—FEDERAL WAGE DETERMINATION engine-up to and including 25 yds. struck) GROUP 16: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, over 50 yds. struck); Rubber-tired earth-moving equipment operator,operating equipment with push-pull system (multiple engine, Euclid,Caterpillar and similar, over 25 yds.and up to 50 yds. struck) GROUP 17: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 50 cu.yds.struck); Tandem tractor operator(operating crawler type tractors in tandem -Quad 9 and similar type) GROUP 18: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar j types in any combination,excluding compaction units- single engine, up to and including 25 yds. struck) GROUP 19: Rotex concrete belt operator(or similar types); Rubber-tired earth-moving equipment operator,operating in tandem (scrapers, belly dumps and similar types in any combination,excluding compaction units-single engine, Caterpillar, Euclid,Athey Wagon and similar types with any and all attachments over 25 yds.and up to and including 50 cu.yds. struck); Rubber-tired earth-moving equipment operator,operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units-multiple engine, up to and including 25 yds. struck) GROUP 20: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units- single engine, over 50 yds.struck); Rubber-tired earth-moving equipment operator,operating in tandem (scrapers, belly dumps, and similar types in any combination, excluding compaction units-multiple engine, Euclid,Caterpillar and similar, over 25 yds. and up to 50 yds.struck) GROUP 21: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units- multiple engine, Euclid, Caterpillar and similar type,over 50 cu.yds. struck) GROUP 22: Rubber-tired earth-moving equipment operator, Appendix 11, Page 11.12 EXHIBIT B APPENDIX II—FEDERAL WAGE DETERMINATION operating equipment with the tandem push-pull system (single engine, up to and including 25 yds.struck) GROUP 23: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, Caterpillar, Euclid,Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber-tired earth-moving equipment operator,operating with the tandem push-pull system (multiple engine, up to and including 25 yds.struck) GROUP 24: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, over 50 yds. struck); Rubber-tired earth-moving equipment operator,operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds.and up to 50 yds. struck) GROUP 25: Concrete pump operator-truck mounted; Rubber-tired earth-moving equipment operator,operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar type, over 50 cu.yds.struck) CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS GROUP 1: Engineer oiler; Fork lift operator(includes loed, lull or similar types) GROUP 2:Truck crane oiler GROUP 3:A-frame or winch truck operator; Ross carrier operator(jobsite) GROUP 4: Bridge-type 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 Appendix II, Page 11.13 EXHIBIT B APPENDIX II—FEDERAL WAGE DETERMINATION GROUP 7: Pedestal crane operator;Shovel, backhoe,dragline, clamshell operator(over 5 cu. yds. mrc);Tower crane repair;Tugger hoist operator(3 drum) GROUP 8: Crane operator(up to and including 25 ton capacity); Crawler transporter operator; Derrick barge operator(up to and including 25 ton capacity); Hoist operator,stiff legs, Guy derrick or similar type(up to and including 25 ton capacity);Shovel, backhoe,dragline, clamshell operator(over 7 cu. yds., M.R.C.) GROUP 9: Crane operator(over 25 tons and up to and including 50 tons mrc); Derrick barge operator(over 25 tons up to and including 50 tons mrc); Highline cableway operator; Hoist operator, stiff legs,Guy derrick or similar type (over 25 tons up to and including 50 tons mrc); K-crane operator; Polar crane operator;Self erecting tower crane operator maximum lifting capacity ten tons GROUP 10: Crane operator(over 50 tons and up to and including 100 tons mrc); Derrick barge operator(over 50 �s tons up to and including 100 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type(over 50 tons up to w and including 100 tons mrc), Mobile tower crane operator (over 50 tons, up to and including 100 tons M.R.C.);Tower crane operator and tower gantry GROUP 11: Crane operator(over 100 tons and up to and including 200 tons mrc); Derrick barge operator(over 100 tons up to and including 200 tons mrc); Hoist operator, stiff legs,Guy derrick or similar type (over 100 tons up to and including 200 tons mrc); Mobile tower crane operator (over 100 tons up to and including 200 tons mrc) GROUP 12: Crane operator(over 200 tons up to and including 300 tons mrc); Derrick barge operator(over 200 tons up to and including 300 tons mrc); Hoist operator,stiff legs, Guy derrick or similar type (over 200 tons, up to and including 300 tons mrc); Mobile tower crane operator(over 200 tons, up to and including 300 tons mrc) GROUP 13: Crane operator(over 300 tons); Derrick barge operator(over 300 tons); Helicopter pilot; Hoist operator, stiff legs,Guy derrick or similar type(over 300 tons); Mobile tower crane operator(over 300 tons) TUNNEL CLASSIFICATIONS Appendix II, Page 11.14 EXHIBIT B APPENDIX II—FEDERAL WAGE DETERMINATION GROUP 1:Skiploader(wheel type up to 3/4 yd.without attachment) GROUP 2: Power-driven jumbo form setter operator GROUP 3: Dinkey locomotive or motorperson (up to and including 10 tons) GROUP 4: Bit sharpener; Equipment greaser(grease truck); Slip form pump operator(power-driven hydraulic lifting device for concrete forms);Tugger hoist operator(1 drum); Tunnel locomotive operator(over 10 and up to and including 30 tons) GROUP 5: Backhoe operator(up to and including 3/4 yd.); Small Ford,Case or similar; Drill doctor; Grouting machine operator; Heading shield operator; Heavy-duty repairperson; Loader operator(Athey, Euclid,Sierra and similar types); Mucking machine operator(1/4 yd., rubber-tired, rail or track type); Pneumatic concrete placing machine operator (Hackley-Presswell or similar type); Pneumatic heading shield (tunnel); 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 1-15 and the California State line at that point which is the NW corner of Section 1,T17N,m R14E,San Bernardino Meridian. Continue W in a straight line to that point which is the SW corner of the northwest quarter of Section 6,T275, 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, Appendix 11, Page 11.15 EXHIBIT B APPENDIX II-FEDERAL WAGE DETERMINATION 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 T1s,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 R30W. Follow 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 is the SW corner of Section 3439N, 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. Appendix 11, Page 11.16 EXHIBIT B APPENDIX II-FEDERAL WAGE DETERMINATION 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. [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,T10N, 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 A 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,T10N, R22E, MDM. REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE ---------------------------------------------------------------- ENG10012-004 08/01/2009 Appendix II, Page 11.17 EXHIBIT B APPENDIX II—FEDERAL WAGE DETERMINATION 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..............$39.77 17.22 ---------------------------------------------------------------- IRON0002-004 07/01/2010 Rates Fringes x Ironworkers: Fence Erector...............$ 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, 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 $2.00 additional per hour at the following locations: Port Hueneme, Port Mugu, U.S. Coast Guard Station -Two Rock ---------------------------------------------------------------- LAB00300-00109/01/2010 Rates Fringes Appendix 11, Page 11.18 EXHIBIT B APPENDIX 11—FEDERAL WAGE DETERMINATION LAB00300-003 07/01/2010 Rates Fringes LABORER(GUNITE) LABORER (TUNNEL) LABORER FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a Bosn'n's Chair or suspended from a rope or cable shall receive 40 cents per hour above the foregoing applicable classification rates. Workers doing gunite and/or shotcrete work in a tunnel shall receive 35 cents per hour above the foregoing applicable classification rates, paid on a portal-to-portal basis. Any work performed on, in or above any smoke stack,silo,storage elevator or similar type of structure,when such structure is in excess of 75'-0"above base level and which work must be performed in whole orin part more than 7S''O" above base level,that work performed above the 7S''0'' level shall becompensated for at3S cents per hour above the applicable classification wage rate. � LABORER CLASSIFICATIONS � � GROUP 1:Cleaning and handling of panel forms; Concrete screedin8 for rough strike'uff;Concrete,water curing; Demolition laborer,the cleaning of brick if performed bya worker performing any other phase of demolition work,and the cleaning of lumber; Fire watcher, limber, brush loader, pUer and debris handler; Flag person; Gas,oil and/or water pipeline laborer; Laborer, asphalt-rubber material loader; Laborer,general or construction; Laborer,general Appendix 1U. Page U1.1$ EXHIBIT B APPENDIX II—FEDERAL WAGE DETERMINATION clean-up; Laborer, landscaping; Laborer,jetting; Laborer, temporary water and air lines; Material hose operator (walls, slabs,floors and decks); Plugging,filling of shee bolt holes; Dry packing of concrete; Railroad maintenance, repair track person and road beds;Streetcar and railroad construction track laborers; Rigging and signaling;Scaler; Slip form raiser;Tar and mortar;Tool crib or tool house laborer;Traffic control by any method; Window cleaner; Wire mesh pulling-all concrete pouring operations GROUP 2: Asphalt shoveler; Cement dumper(on 1 yd. or larger mixer and handling bulk cement);Cesspool digger and installer; Chucktender; Chute handler, pouring concrete, the handling of the chute from readymix trucks,such as walls, slabs, decks,floors,foundation,footings, curbs, gutters and sidewalks;Concrete curer, impervious membrane and form oiler; Cutting torch operator(demolition); Fine grader, highways and street paving,airport, runways and similar type heavy construction; Gas,oil and/or water pipeline wrapper- pot tender and form person; Guinea chaser; Headerboard person -asphalt; Laborer, packing rod steel and pans; Membrane vapor barrier installer; Power broom sweeper(small); Riprap stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller;Sandblaster (pot tender);Septic tank digger and installer(lead);Tank scaler and cleaner;Tree climber,faller,chain saw operator, Pittsburgh chipper and similar type brush shredder; Underground laborer, including caisson bellower GROUP 3: Buggymobile person; Concrete cutting torch;Concrete pile cutter; Driller,jackhammer,2-1/2 ft. drill steel or longer; Dri-pak-it machine; Gas,oil and/or water pipeline wrapper, 6-in. pipe and over, by any method, inside and out; High scaler(including drilling of same); Hydro seeder and similar type; Impact wrench multi-plate; Kettle person, pot person and workers applying asphalt, lay-kold, creosote, lime caustic and similar type materials ("applying" means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing); Operator of pneumatic,gas, electric tools,vibrating machine, pavement breaker,air blasting, come-alongs, and similar mechanical tools not separately classified herein; Pipelayer's backup person, coating,grouting, making of joints, sealing, caulking,diapering and including rubber gasket joints, pointing and any and all other services; Rock slinger; Rotary scarifier or multiple head concrete chipping scarifier;Steel headerboard and guideline setter; Tamper, Barko, Wacker and similar type;Trenching machine, Appendix II, Page 11.20 EXHIBIT B APPENDIX II—FEDERAL WAGE DETERMINATION hand-propelled GROUP 4:Asphalt raker, lute person, ironer, asphalt dump person, and asphalt spreader boxes (all types);Concrete core cutter(walls, floors or ceilings), grinder or sander; Concrete saw person,cutting walls or flat work,scoring old or new concrete; Cribber,shorer, lagging, sheeting and trench bracing, hand-guided lagging hammer; Head rock slinger; Laborer, asphalt- rubber distributor boot person; Laser beam in connection with laborers'work; Oversize concrete vibrator operator, 70 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; Appendix 11, Page 11.21 EXHIBIT B APPENDIX II—FEDERAL WAGE DETERMINATION Kemper and other pneumatic concrete placer operator; Miner, tunnel (hand or machine); Nozzle person;Operating of troweling and/or grouting machines; Powder person (primer house); Primer person;Sandblaster; Shotcrete person;Steel form raiser and setter;Timber person, retimber person, wood or steel;Tunnel Concrete finisher GROUP 4: Diamond driller; Sandblaster;Shaft and raise work GUNITE LABORER CLASSIFICATIONS GROUP 1: Rodmen, Nozzlemen GROUP 2: Gunmen GROUP 3: Reboundmen ---------------------------------------------------------------- LAB00300-008 08/05/2009 Rates Fringes LABORER PLASTER CLEAN-UP LABORER....$26.65 14.70 PLASTER TENDER..............$29.20 14.70 Work at Military Bases- $3.00 additional per hour: Coronado Naval Amphibious Base, Fort Irwin, Marine Corps Air Station-29 Palms, Imperial Beach Naval Air Station, Marine Corps Logistics Supply Base, Marine Corps Pickle Meadows, Mountain Warfare Training Center, Naval Air Facility-Seeley, North Island Naval Air Station, Vandenberg AFB. ---------------------------------------------------------------- LAB00882-002 0110112010 Rates Fringes Asbestos Removal Laborer.........$26.15 14.25 SCOPE OF WORK: Includes site mobilization, initial site cleanup,site preparation, removal of asbestos-containing material and toxic waste,encapsulation,enclosure and disposal of asbestos-containing materials and toxic waste by hand or with equipment or machinery; scaffolding, fabrication of temporary wooden barriers and assembly of decontamination stations. ---------------------------------------------------------------- Appendix 11, Page 11.22 EXHIBIT B APPENDIX II—FEDERAL WAGE DETERMINATION LA B 01184-00107/01/2010 Rates Fringes Laborers: (HORIZONTAL DIRECTIONAL DRILLING) (1) Drilling Crew Laborer...$ 27.05 11.65 (2)Vehicle Operator/Hauler.$27.22 11.65 (3) Horizontal Directional Drill Operator..............$29.07 11.65 (4) Electronic Tracking Locator.....................$31.07 11.65 Laborers: (STRIPING/SLURRY SEAL) GROUP 1.....................$ 28.50 14.56 GROUP 2.....................$ 29.80 14.56 GROUP 3.....................$31.81 14.56 GROUP 4.....................$ 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 Appendix II, Page 11.23 EXHIBIT B APPENDIX 11—FEDERAL WAGE DETERMINATION GROUP 4:Striper: layout and application of traffic stripes and markings; hot thermo plastic;tape traffic stripes and markings, including traffic control;operation of all related machinery and equipment ---------------------------------------------------------------- PAIN0036-001 08/01/2010 Rates Fringes Painters: (Including Lead Abatement) (1) Repaint.................$ 26.OS 9.68 (2)All Other Work..........$ 29.32 9.68 REPAINT of any previously painted structure. Exceptions: work involving the aerospace industry, breweries, commercial recreational facilities, hotels which operate commercial establishments as part of hotel service,and sports facilities. ---------------------------------------------------------------- PAIN0036-008 01/06/2010 Rates Fringes DRYWALL FINISHER/TAPER...........$ 33.22 12.19 ---------------------------------------------------------------- PAIN0036-015 08/01/2010 Rates Fringes GLAZIER..........................$36.90 20.53 FOOTNOTE: Additional$1.25 per hour for work in a condor, from the third(3rd) floor and up Additional $1.25 per hour for work on the outside of the building from a swing stage or any suspended contrivance,from the ground up ---------------------------------------------------------------- PAIN1247-002 01/01/2010 Rates Fringes SOFT FLOOR LAYER.................$30.85 10.54 ---------------------------------------------------------------- PLAS0200-008 08/04/2010 Rates Fringes PLASTERER........................$30.21 14.23 Appendix 11, Page 11.24 EXHIBIT B APPENDIX II—FEDERAL WAGE DETERMINATION FORT IRWIN; MARINE CORPS AIR STATION 29 PALMS,AND MARINE CORPS LOGISTICS SUPPLY BASE: $3.00 additional per hour. ---------------------------------------------------------------- PLAS0500-002 07/01/2010 Rates Fringes CEMENT MASON/CONCRETE FINISHER...$29.50 19.85 ---------------------------------------------------------------- PLUM0016-002 07/01/2009 Rates Fringes PLUMBER, PIPEFITTER, STEAMFITTER (1) Work on strip malls, light commercial,tenant improvement and remodel work........................$ 28.84 14.47 (2) Work on new additions and remodeling of bars, restaurants, stores and commercial buildings, not to exceed 5,000 sq.ft.of floor space.................$ 35.97 15.86 (3)All other work..........$37.10 16.84 (4) Work at Edwards AFB....$41.60 16.84 (5)Work at Fort Irwin Army Base, Marine Corps Logistic Base at Nebo, Marine Corps Logistic Base at Yermo and Twenty-Nine Palms Marine Base...........$44.10 16.84 ---------------------------------------------------------------- PLU M0345-001 07/01/2009 Rates Fringes PLUMBER Landscape/Irrigation Fitter.$26.70 13.84 Sewer&Storm Drain Work....$25.18 15.67 ---------------------------------------------------------------- ROOF0036-002 08/01/2010 Rates Fringes ROOFER...........................$ 34.65 9.07 Appendix II, Page 11.25 EXHIBIT B APPENDIX II—FEDERAL WAGE DETERMINATION FOOTNOTE: Pitch remium:Work on which employees are ex p posed to pitch fumes or required to handle pitch, pitch base or pitch impregnated products, or any material containing coal tar pitch, the entire roofing crew shall receive$1.75 per hour"pitch premium" pay. - ---------------------------------------------------------------- SFCA0669-009 04/01/2010 Does not include the northern part of the City of Chino, or the t Cities of Montclair and Ontario Rates Fringes SPRINKLER FITTER.................$33.35 17.60 ---------------------------------------------------------------- SFCA0709-004 01/01/2010 THE NORTHERN PART OF THE CITY OF CHINO,AND THE CITIES OF MONTCLAIR AND ONTARIO: Rates Fringes SPRINKLER FITTER(Fire)..........$39.08 21.95 ---------------------------------------------------------------- SHEE0105-003 07/01/2010 LOS ANGELES(South of a straight line drawn between Gorman and Big Pines)and Catalina Island, INYO, KERN (Northeast part, East of Hwy 395), MONO ORANGE, RIVERSIDE, AND SAN BERNARDINO COUNTIES Rates Fringes SHEET METAL WORKER (1)Commercial-New Construction and Remodel work........................$42.54 17.72 (2) Industrial work including air pollution control systems, noise abatement, hand rails, guard rails,excluding aritechtural sheet metal work,excluding A-C, heating,ventilating Appendix 11, Page 11.26 EXHIBIT APPENDIX U—FEDERAL WAGE DETERMINATION systems for human comfort.'$SS.S6 22.90 ____________________________________ TEAM0011'00207/01/2008 Rates Fringes TRUCK DRIVER GROUPl------..$ 26.44 1824 GROUP 2....................$ Z6.S9 18.24 GROUP 3....................$ 267Z 18.24 GROUP 4------..$26.91 18.24 GROUP S------..$ 26.94 18.24 GROUP 6....................$ 26.97 18.24 GROUP 7....................$ Z7.l2 18.24 GROUP O....................$ 27.47 18.24 GROUP 9------..$ 27.67 18.24 GROUP 10....................$ 27.97 1824 GROUP 11....................$ 28.47 1824 GROUP lJ....................$ 28.90 18.24 WORK ON ALL MILITARY BASES: PREMIUM PAY: $3.00 per hour additional. [ZQ palms Marine Base,Camp Roberts, China Lake, Edwards AFB, E|Centro Naval Facility, Fort Irwin, Marine Corps Logistics Base at Nebo&Yermo' Mountain Warfare Training Center, Bridgeport, Point Arguello, Point Conception, Vandenbeq<AFB] TRUCK DRIVERS CLASSIFICATIONS GROUP 1:Truck driver GROUP 2: Driver of vehicle or combination of vehicles'Z axles;Traffic control pilot car excluding moving heavy equipment permit load;Truck mounted broom GROUP 3: Driver of vehicle or combination ofvehicles 3 axles; Boot person; Cement mason distribution truck; Fuel truck driver;Water truck'Z axle; Dump truck, less than 16yds.water level; Erosion control driver GROUP 4: Driver of transit mix truck, under 3yds.; Dumperete truck, less than 6'1/%yds.water level GROUP S:Water truck,3or more axles;Truck greaser and tire person ($O.SO additional for tire person); Pipeline and Appendix 11, Page 11.27 EXHIBIT B APPENDIX II—FEDERAL WAGE DETERMINATION utility working truck driver, including winch truck and plastic fusion, limited to pipeline and utility work; Slurry truck driver GROUP 6:Transit mix truck, 3 yds.or more; Dumperete truck, 6-1/2 yds.water level and over;Vehicle or combination of vehicles-4 or more axles; Oil spreader truck; Dump truck, 16 yds.to 25 yds.water level GROUP 7:A Frame,Swedish crane or similar; Forklift driver; Ross carrier driver GROUP 8: Dump truck, 25 yds.to 49 yds.water level;Truck repair person; Water pull-single engine;Welder GROUP 9:Truck repair person/welder; Low bed driver,9 axles or over GROUP 10: Dump truck-50 yds. or more water level; Water pull-single engine with attachment GROUP 11:Water pull-twin engine;Water pull-twin engine with attachments;Winch truck driver-$1.25 additional when operating winch or similar special attachments GROUP 12: Boom Truck 17K and above ---------------------------------------------------------------- WELDERS-Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ---------------------------------------------------------------- In the listing above,the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS Appendix 11, Page 11.28 EXHIBIT B APPENDIX II—FEDERAL WAGE DETERMINATION ��Irtr/ 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. I With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes,then an interested party(those affected by the action)can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7).Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.)that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable,an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board Appendix 11, Page 11.29 I I EXHIBIT B APPENDIX II—FEDERAL WAGE DETERMINATION U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.)All decisions by the Administrative Review Board are final. END OF GENERAL DECISION 0 Appendix II, Page 11.30