A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed.
With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator 364Exhibit 3
file:///C/...neDrive%20-%20Michael%20Baker%20International/Desktop/DBA%20CA20230022%20Mod%203%20Dated%202-10-2023.txt[2/27/2023 1:28:24 PM] (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
================================================================ END OF GENERAL DECISIO"
365Exhibit 3
https://www.dir.ca.gov/OPRL/pwappwage/wage/22213508.html?VarWageId=22219508[2/28/2023 10:51:29 AM] GENERAL PREVAILING WAGE APPRENTICE RATES – IMPERIAL – Building Construction Inspector 2022-2 | Department of Industrial Relations
GENERAL PREVAILING WAGE APPRENTICE
RATES
Apprentice Prevailing Wage Rates are paid only to apprentices registered with the State of California, Division of Apprenticeship Standards, for work the registered apprentice performs in his/her specific craft or trade. You may check whether an Apprentice is registered at the Division of Apprenticeship Standards Website (https://www.dir.ca.gov/DAS/appcertpw/AppCertSearch.asp)
Determination: 2022-2 Issue Date: 08-22-2022
Expire Date: 06-30-2023 ** Craft/Classification: Building Construction Inspector Indentured/Other: Field Soils Material Tester Shift: 1
Counties: Imperial, Inyo, Kern, Los Angeles, Mono,
Orange, Riverside, San Bernardino, San Luis Obispo,
Santa Barbara, Ventura
Period Duration
Months
OJT
Hours
Basic
Hourly
Rate
Health &
Welfare
Pension Vacation/
Holiday
Training
Other
Total
Hourly
Rate
1 N/A 1,000 $33.880 $12.350 $3.500 $3.850 $1.050 $.390 $55.020 2 N/A 1,000 $36.700 $12.350 $3.500 $3.850 $1.050 $.390 $57.840 3 N/A 1,000 $39.520 $12.350 $13.150 $3.850 $1.050 $.390 $70.310 4 N/A 1,000 $42.350 $12.350 $13.150 $3.850 $1.050 $.390 $73.140 5 N/A 1,000 $45.170 $12.350 $13.150 $3.850 $1.050 $.390 $75.960 6 N/A 1,000 $50.810 $12.350 $13.150 $3.850 $1.050 $.390 $81.600
FOOTNOTE(S)
Pension: Includes an amount for Annuity
Vacation and Holiday: Includes an amount for Supplemental Dues.
Other: Includes amounts for Industry Fund, Engineers Contract Compliance Committee (ECCC), Contract Administration Fund and Southern California Partnership for Jobs Fund.
JOURNEYMAN PREDETERMINED INCREASES:
7-1-2023: $4.00 to be allocated to wages and/or fringes. 7-1-2024: $4.00 to be allocated to wages and/or fringes.
There may be corresponding predetermined increase(s) to the apprentices associated with this journeyman craft/classification. Please e-mail a request to [email protected] or send to the following address:
366Exhibit 3
https://www.dir.ca.gov/OPRL/pwappwage/wage/22213508.html?VarWageId=22219508[2/28/2023 10:51:29 AM] GENERAL PREVAILING WAGE APPRENTICE RATES – IMPERIAL – Building Construction Inspector 2022-2 | Department of Industrial Relations
Department of Industrial Relations
Office of the Director - Research Unit
P.O. Box 420603
San Francisco, CA 94142-0603
Determination: 2022-2 Issue Date: 08-22-2022
Expire Date: 06-30-2023 ** Craft/Classification: Building Construction Inspector Indentured/Other: Field Soils Material Tester Shift: 2
Counties: Imperial, Inyo, Kern, Los Angeles, Mono,
Orange, Riverside, San Bernardino, San Luis Obispo,
Santa Barbara, Ventura
Period Duration
Months
OJT
Hours
Basic
Hourly
Rate
Health &
Welfare
Pension Vacation/
Holiday
Training
Other
Total
Hourly
Rate
1 N/A 1,000 $34.880 $12.350 $3.500 $3.850 $1.050 $.390 $56.020 2 N/A 1,000 $37.700 $12.350 $3.500 $3.850 $1.050 $.390 $58.840 3 N/A 1,000 $40.520 $12.350 $13.150 $3.850 $1.050 $.390 $71.310 4 N/A 1,000 $43.350 $12.350 $13.150 $3.850 $1.050 $.390 $74.140 5 N/A 1,000 $46.170 $12.350 $13.150 $3.850 $1.050 $.390 $76.960 6 N/A 1,000 $51.810 $12.350 $13.150 $3.850 $1.050 $.390 $82.600
FOOTNOTE(S)
Pension: Includes an amount for Annuity
Vacation and Holiday: Includes an amount for Supplemental Dues.
Other: Includes amounts for Industry Fund, Engineers Contract Compliance Committee (ECCC), Contract Administration Fund and Southern California Partnership for Jobs Fund.
Rates above are for Special Shift.
JOURNEYMAN PREDETERMINED INCREASES:
7-1-2023: $4.00 to be allocated to wages and/or fringes. 7-1-2024: $4.00 to be allocated to wages and/or fringes.
There may be corresponding predetermined increase(s) to the apprentices associated with this journeyman craft/classification. Please e-mail a request to [email protected] or send to the following address:
367Exhibit 3
https://www.dir.ca.gov/OPRL/pwappwage/wage/22213508.html?VarWageId=22219508[2/28/2023 10:51:29 AM] GENERAL PREVAILING WAGE APPRENTICE RATES – IMPERIAL – Building Construction Inspector 2022-2 | Department of Industrial Relations
Department of Industrial Relations
Office of the Director - Research Unit
P.O. Box 420603
San Francisco, CA 94142-0603
Determination: 2022-2 Issue Date: 08-22-2022
Expire Date: 06-30-2023 ** Craft/Classification: Building Construction Inspector Indentured/Other: Field Soils Material Tester Shift: 3
Counties: Imperial, Inyo, Kern, Los Angeles, Mono,
Orange, Riverside, San Bernardino, San Luis Obispo,
Santa Barbara, Ventura
Period Duration
Months
OJT
Hours
Basic
Hourly
Rate
Health &
Welfare
Pension Vacation/
Holiday
Training
Other
Total
Hourly
Rate
1 N/A 1,000 $34.880 $12.350 $3.500 $3.850 $1.050 $.390 $56.020 2 N/A 1,000 $37.700 $12.350 $3.500 $3.850 $1.050 $.390 $58.840 3 N/A 1,000 $40.520 $12.350 $13.150 $3.850 $1.050 $.390 $71.310 4 N/A 1,000 $43.350 $12.350 $13.150 $3.850 $1.050 $.390 $74.140 5 N/A 1,000 $46.170 $12.350 $13.150 $3.850 $1.050 $.390 $76.960 6 N/A 1,000 $51.810 $12.350 $13.150 $3.850 $1.050 $.390 $82.600
FOOTNOTE(S)
Pension: Includes an amount for Annuity
Vacation and Holiday: Includes an amount for Supplemental Dues.
Other: Includes amounts for Industry Fund, Engineers Contract Compliance Committee (ECCC), Contract Administration Fund and Southern California Partnership for Jobs Fund.
Rates above are for Multi-Shift.
JOURNEYMAN PREDETERMINED INCREASES:
7-1-2023: $4.00 to be allocated to wages and/or fringes. 7-1-2024: $4.00 to be allocated to wages and/or fringes.
There may be corresponding predetermined increase(s) to the apprentices associated with this journeyman craft/classification. Please e-mail a request to [email protected] or send to the following address:
Department of Industrial Relations
368Exhibit 3
https://www.dir.ca.gov/OPRL/pwappwage/wage/22213508.html?VarWageId=22219508[2/28/2023 10:51:29 AM] GENERAL PREVAILING WAGE APPRENTICE RATES – IMPERIAL – Building Construction Inspector 2022-2 | Department of Industrial Relations
Office of the Director - Research Unit
P.O. Box 420603
San Francisco, CA 94142-0603
369Exhibit 3
GENERAL PREVAILING WAGE DETERMINATION MADE BY THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER 1, ARTICLE 2, SECTIONS 1770, 1773 AND 1773.1
FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS
CRAFT: BUILDING/CONSTRUCTION INSPECTOR AND FIELD SOILS AND MATERIAL TESTER#
Determination:
SC-23-63-2-2022-1D
Issue Date:
August 22, 2022
Expiration date of determination:
June 30, 2023** The rate to be paid for work performed after this date has been determined. If work will extend past this date, the new rate must be paid and should be incorporated in contracts entered into now. Contact the Office of the Director - Research Unit for specific rates at (415) 703-4774.
Localities:
All localities within Imperial, Inyo, Kern, Los Angeles, Mono, Orange, Riverside, San Bernardino, San Luis Obispo, Santa Barbara and Ventura Counties.
Wages and Employer Payments:
Classificationa
(Journeyperson)
Basic
Hourly
Rate
Health
and
Welfare
Pensionb
Vacation
and
Holidayc
Training
Other
Hours
Total
Hourly
Rate
Daily
Overtime
Hourly
Rated
(1½ x)
Saturday
Overtime
Hourly
Ratee
(1½ x)
Sunday/
Holiday
Overtime
Hourly
Rate
(2 x)
Group 1 $54.68 $12.35 $13.15 $3.85 $1.05 $0.39 8 $85.47 $112.810 $112.810 $140.150 Group 2 $56.46 $12.35 $13.15 $3.85 $1.05 $0.39 8 $87.25 $115.480 $115.480 $143.710 Group 3 $58.46 $12.35 $13.15 $3.85 $1.05 $0.39 8 $89.25 $118.480 $118.480 $147.710 370Exhibit 3
Determination: SC-23-63-2-2022-1D; SC-23-63-2-2022-1D1; SC-23-63-2-2022-1D2
GENERAL PREVAILING WAGE DETERMINATION MADE BY THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER 1, ARTICLE 2, SECTIONS 1770, 1773 AND 1773.1
FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS
CRAFT: BUILDING/CONSTRUCTION INSPECTOR AND FIELD SOILS AND MATERIAL TESTER# (SPECIAL SHIFT)
Determination:
SC-23-63-2-2022-1D1
Issue Date:
August 22, 2022
Expiration date of determination:
June 30, 2023** The rate to be paid for work performed after this date has been determined. If work will extend past this date, the new rate must be paid and should be incorporated in contracts entered into now. Contact the Office of the Director - Research Unit for specific rates at (415) 703-4774.
Localities:
All localities within Imperial, Inyo, Kern, Los Angeles, Mono, Orange, Riverside, San Bernardino, San Luis Obispo, Santa Barbara and Ventura Counties.
Wages and Employer Payments:
Classificationa
(Journeyperson)
Basic
Hourly
Rate
Health
and
Welfare
Pensionb
Vacation
and
Holidayc
Training
Other
Hours
Total
Hourly
Rate
Daily
Overtime
Hourly
Rated
(1½ x)
Saturday
Overtime
Hourly
Ratee
(1½ x)
Sunday/
Holiday
Overtime
Hourly
Rate
(2 x)
Group 1 $55.68 $12.35 $13.15 $3.85 $1.05 $0.39 8 $86.47 $114.310 $114.310 $142.150 Group 2 $57.46 $12.35 $13.15 $3.85 $1.05 $0.39 8 $88.25 $116.980 $116.980 $145.710 Group 3 $59.46 $12.35 $13.15 $3.85 $1.05 $0.39 8 $90.25 $119.980 $119.980 $149.710 371Exhibit 3
Determination: SC-23-63-2-2022-1D; SC-23-63-2-2022-1D1; SC-23-63-2-2022-1D2
GENERAL PREVAILING WAGE DETERMINATION MADE BY THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER 1, ARTICLE 2, SECTIONS 1770, 1773 AND 1773.1
FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS
CRAFT: BUILDING/CONSTRUCTION INSPECTOR AND FIELD SOILS AND MATERIAL TESTER# (MULTI-SHIFT)
Determination:
SC-23-63-2-2022-1D2
Issue Date:
August 22, 2022
Expiration date of determination:
June 30, 2023**The rate to be paid for work performed after this date has been determined. If work will extend past this date, the new rate must be paid and should be incorporated in contracts entered into now. Contact the Office of the Director - Research Unit for specific rates at (415) 703-4774.
Localities:
All localities within Imperial, Inyo, Kern, Los Angeles, Mono, Orange, Riverside, San Bernardino, San Luis Obispo, Santa Barbara and Ventura Counties.
Wages and Employer Payments:
Classificationa
(Journeyperson)
Basic
Hourly
Rate
Health
and
Welfare
Pensionb
Vacation
and
Holidayc
Training
Other
Hours
Total
Hourly
Rate
Daily
Overtime
Hourly
Rated
(1½ x)
Saturday
Overtime
Hourly
Ratee
(1½ x)
Sunday/
Holiday
Overtime
Hourly
Rate
(2 x)
Group 1 $55.68 $12.35 $13.15 $3.85 $1.05 $0.39 8 $86.47 114.310 114.310 $142.150 Group 2 $57.46 $12.35 $13.15 $3.85 $1.05 $0.39 8 $88.25 116.980 116.980 $145.710 Group 3 $59.46 $12.35 $13.15 $3.85 $1.05 $0.39 8 $90.25 119.980 119.980 $149.710
Recognized holidays:
Holidays upon which the general prevailing hourly wage rate for Holiday work shall be paid, shall be all holidays in the collective bargaining agreement, applicable to the particular craft, classification, or type of worker employed on the project, which is on file with the Director of Industrial Relations. If the prevailing rate is not based on a collectively bargained rate, the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code. You may obtain the holiday provisions for the current determinations on the Director's General Prevailing Wage Determinations Website (http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm). Holiday 372Exhibit 3
Determination: SC-23-63-2-2022-1D; SC-23-63-2-2022-1D1; SC-23-63-2-2022-1D2
provisions for current or superseded determinations may be obtained by contacting the Office of the Director – Research Unit at (415) 703- 4774.
Travel and/or subsistence payment:
In accordance with Labor Code Sections 1773.1 and 1773.9, contractors shall make travel and/or subsistence payments to each worker to execute the work. You may obtain the travel and/or subsistence provisions for the current determinations on the Director's General Prevailing Wage Determinations Website (http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm). Travel and/or subsistence requirements for current or superseded determinations may be obtained by contacting the Office of the Director – Research Unit at (415) 703-4774.
Classifications:
Group 1
Field Soils and Materials Tester
Field Asphaltic Concrete (Soils and Materials Tester)
Field Earthwork (Grading Excavation and Filling)
Roof Inspector
Water Proofer
Group 2
AWS-CWI Welding Inspector
Building/Construction Inspector
Licensed Grading Inspector
Reinforcing Steel
Reinforced Concrete
Pre-Tension Concrete
Post-Tension Concrete
Structural Steel and Welding Inspector
Glue-Lam and truss Joints
Truss-Type Joint Construction
Shear Wall and Floor System used as diaphragms
Concrete batch Plant
Spray-Applied Fireproofing
Structural masonry
Group 3
Nondestructive Testing (NDT)
Unmanned Aircraft Systems (UAS Drones) Operator (when
used in conjunction with field soils and material testing – building/construction inspection)
# Indicates an apprenticeable craft. The current apprentice wage rates are available on the Prevailing Wage Apprentice Determinations Website (http://www.dir.ca.gov/OPRL/PWAppWage/PWAppWageStart.asp). a For classifications within each group, see Page 4.
b Includes an amount for Annuity.
c Includes an amount withheld for supplemental dues.
d Rate applies to the first 4 overtime hours. All other daily overtime is paid at the Sunday rate. e Rate applies to the first 12 hours worked. All other time is paid at the Sunday rate. 373Exhibit 3
SCOPE OF WORK PROVISIONS
CRAFT/CLASSIFICATION
Operating Engineer; Cranes, Pile Driver and Hoisting Equipment (Operating Engineer); Tunnel (Operating Engineer); Building/Construction Inspector, Field Soils and Material Tester and Non-Destructive Testing
ID
23-63-2
LOCALITY
Imperial, Inyo, Kern, Los Angeles, Mono, Orange, Riverside, San Bernardino, San Luis Obispo, Santa Barbara, and Ventura Counties.
SCOPE OF WORK
5. This Agreement shall cover and apply to all work falling within the recognized jurisdiction of the Union signatory to this Agreement.
(a) It shall cover work on buildings, heavy, highway, and engineering construction, including the construction of, in whole or in part, or in improvement or modification thereof, including any structure or operations which are incidental thereto, the operation of all equipment, vehicles, and other facilities, including helicopters, used in connection with the performance of the aforementioned work and services, and the assembly, maintenance and repair of all equipment, vehicles, and other facilities, which has normally and customarily been performed by unit employees, and including without limitation the following types or classes of work.
(b) Street and highway work, grading and paving excavation of earth and rock, grade separations, elevated highways, viaducts, bridges, abutments, retaining walls, subways, airport grading, surfacing and drainage, electric transmission line and conduit projects, water supply, water development, reclamation, irrigation, draining and flood control projects, water mains, pipelines, sanitation and sewer projects, dams, aqueducts, canals, reservoirs, intakes, channels, levees, dikes, revetments, quarrying of breakwater or riprap stone, foundations, pile driving, piers, locks, river and harbor projects, breakwaters, jetties, dredging, tunnels, soil testing and building/construction inspection. The handling, cleaning, erection, installation and dismantling of machinery, equipment and all work on robotics, included but not limited to the rigging, handling, installation, maintenance, programming and the use of all stationary and/or portable robots. This shall include the use of all robots used in any industry, including the nuclear field.
(c) It shall cover all work with the exception of the initial setting and positioning of the base station in conjunction with Global Positioning Systems/GPS on the job site.
(d) The construction, erection, alteration, repair, modification, demolition, addition or improvement, in whole or in part, of any building structure, including oil or gas refineries and incidental structures, solar energy installations and appurtenances thereto, 374Exhibit 3
also including any grading, excavations, or similar operations which are incidental thereto, or the installation, operation, maintenance and repair of equipment, and other facilities used in connection with the performance of such building construction except where such structures are an incidental or supplemental part of highway and engineering construction, as defined in this Article.
(e) All concrete form work, including, but not limited to, the fabrication, construction, placing, erection, rigging and hoisting, stripping and removing of all forms and operation of the forklift, loed, pettibone or mobile equipment In reference to all of the above work.
(f) All work in connection with tilt-up slabs, including, but not limited to, benchmarks, layout, setting of all forms, blockouts, metal door and window jambs, templates for bolts, lift points, knee braces, all stripping of forms (whether or not to be reused) rigging, setting, plumbing, and lining, welding, drilling, ledger bolts, setting ledgers, setting of expansion joints and caulking. Also to include forms for stairs and loading docks (setting and stripping), installation of all doors including roll-up, installation of laminated beams or precast structures, and operation of the forklift in reference to all of the above work.
(g) All work in connection with the hoisting of materials which are to be used by the Carpenters or Building Tradesmen will be rigged, guided and handled by employees covered by this Agreement.
(h) The layout, rigging, tagging, signaling, cutting, burning, welding, chain sawing, driving, setting and pulling of all soldier piles, sheet piles, soldier beams and casings, together with all necessary walling, shoring, underpinning, struts, bracing, capping and lagging necessary for construction of subterranean structures of all types to include, but not limited to subways, subway stations, buildings, storm drains, sewers, pipelines and all open cut and cover construction projects. Fabrication, construction, removal and stripping of all forms both inside and outside the tunnels and drains to Include form liners and membranes, whether they be spray on, glue on, tack on, composed of any and all building materials to include plastic, neoprene, high density polyethylene, vinyl cork or any other natural or artificial material. Construction of all covers and access mats to include all necessary rigging for setting and removing, whether intermittently or regularly. Installation and removal of all timber decking.
(i) All office modular furniture systems including, but not limited to: the unloading by any means, stockpiling, distribution to point of erection, carrying, handling, transportation, uncrating, installation, cleaning, and/or staging of all office, commercial, industrial, institutional, and hotel furniture, furniture systems, furnishings, etc., including (but not limited to) all component parts (regardless of their materials or method or manner of installation, attachment or connection). Also included will be layout work including the use of level, transit and any other instrument or tool (or adaptable tool) required for the work herein described.
(j) The placing, handling, moving and erection of all materials which fall within the description of work set forth in this Agreement from the site of delivery on the job to the point of the job where the work is to be performed. The erecting and moving of all 375Exhibit 3
scaffolds and the moving and handling of all materials to be used in the erection of scaffolding.
6. This Agreement shall also include: work in the Contractor's yards and shops, field survey work, asphalt screening, soil, cement and crushing plants and operations, forest fires, floods and emergency work, soils and material testing, building/construction inspection and quality control and quality assurance.
7. This Agreement shall cover and apply to all employees except that it shall not cover and apply to executives, superintendents, assistant superintendents, master mechanics, office engineers, timekeepers, messenger boys, office workers, or any other employee of the Contractors above the rank of Craft Foreman, except as herein provided. [REDACTED]
Q. Special Rules:
[REDACTED]
7. Employees covered by this Agreement shall operate all hoisting equipment on the job or project.
8. Combination Mixer and Compressor Operators on Gunite work shall be classified as Concrete Mobile Mixer Operators.
9. The necessity for the use of an employee as a Signalman shall be determined by the Contractor. When used, he shall be an Engineer-Oiler as defined herein, who assists in giving or relaying signals by mechanical means (also by means of hand signals on excavation work), directly to the operator of hoisting equipment only. [REDACTED]
U. Special Working Rules and Conditions for Tunnels and Sealed Air Pressure Bores:
1. All terms and conditions of this Agreement shall apply to all employees employed on a tunnel job or project unless otherwise specified in this Section U.
2. This section covers jobsite work on construction, alteration, repair modification or demolition of tunnels, shafts, tunnel shafts, adits, silos, raises, subways, chambers, underground power houses, including the lining of same which falls within the jurisdiction of the Union. Where open cutwork is covered over or decked with wood, steel or other substitute materials and workmen are required to work under such cover, they shall work and be paid In accordance with the terms and conditions of this Agreement. For all excavation and work related to the excavation, without limiting the scope of the work covered hereby, it is agreed that this Agreement shall cover but not be limited to the construction of, in whole or In part, or the improvement or modification thereof, including any structure or operations which are incidental thereto, the assembly, operation, maintenance and repair of all equipment, vehicles and other facilities used in connection with the performance of the aforementioned work and services and including without limitation the following types of classes of work:
376Exhibit 3
3. The manning, running and/or handling of all boring equipment, mole machines, mining machines, mucking machines, heading shields, all drilling (except Jackleg and Jumbo), all diamond core drilling, grinding and sharpening of bits, slushers, tuggers (except in breast board or crown bar headings), all conveyors and conveyor belts, locomotives, rubber-tired equipment, including man trip vehicles, mobile power Jumbos, Athey Wagons and tractors, all concrete placing equipment such as Rex Pumpcrete and all pneumatic placers (flowcrete), Kemper, Hackley-Presswell and all similar equipment.
The jacking of pipe in tunnels, all ground support work including cutting, welding, hauling and hoisting of all liner plate and other materials, all work performed under compressed air (which falls within the jurisdiction of the Union). The manning of all hoisting equipment including cherry pickers and/or carpassers, mobile powered heading switches, concrete screeds, agitator cars, the moving, raising and setting of forms, including slip forms, in tunnels and tunneling operations. The operation, tending and maintenance of all pumps, generators, compressors and ice plants in or on tunnels and tunnel shaft projects.
4. Any and all emplacements commonly described as underground silos in which missiles are placed, housed, stored and/or their component parts, shall be covered by the terms of this Agreement. All power hoisting and jobsite hauling of all tools, equipment, material, workmen and other personnel and the operation of all equipment primarily used therefore, shall be considered the jurisdiction of the Union and shall be covered by the terms and conditions of this Agreement.
5. In addition to the above, this Section U shall also include: Work in the Contractor's portal yards and shops, tunnel survey work such as the placing, setting and adjusting of Laser Beams, Gyroscope, Geodometer, Electrotape, and all other instruments used therefore, including Grade Checkers and/or shift Engineers.
6. Tunnels shall be defined as: An underground passageway, except for jacking operations under highways. railroads, embankments, etc., excavated by workmen and equipment working below the earth's surface that provides subterranean route along which workmen, equipment or substances can move other than passageways excavated by mine or quarry operations.
7. All work of site preparation, mobilization and installation of plant and equipment and the removal of same shall be performed under the terms of this Section U.
8. After tunnel work has begun, work outside the tunnel consisting of batch plant crews, the construction, repair and maintenance of the equipment outside the tunnel, subway, shaft, raise, etc., and the hauling and hoisting of the material to be used inside the tunnel, subway, shaft, raise, etc., or construction, repair or demolition of said tunnel, subway, shaft, raise, etc., shall come under the tunnel provisions and shall work under the tunnel shift conditions (either single or multiple).
(a) Employees assigned to Batch Plant operations shall work under the terms and conditions of the tunnel provisions except when a Batch Plant Is established in an area 377Exhibit 3
to provide material for a project consisting of a tunnel or tunnels, and other outside concrete batching operations, and the Batch Plant crew or any member of it had not participated In the driving of the tunnel, such employees shall be covered by the regular jobsite concrete Batch Plant provisions of this Agreement. [REDACTED]
(h) Employees covered by this Agreement shall perform all repair and service work on equipment, including the washing of a\l boilers and/or scrubbers. 378Exhibit 3
Building Construction Inspector (BCI) and Field Soils and Material Tester (FSMT) Classifications
(Letter dated December 6, 2001 from International Union Of Operating Engineers, Local Union No. 12)
1. What is the difference between the Building Construction Inspector (BCI) and the Field Soils and Materials Tester (FSMT) classifications? There appears to be some overlap of duties. Could you summarize the intent of the coverage between Southern California Contractors Association, Inc. and the International Union of Operating Engineers Local No. 12, which serves as the basis for the prevailing wage determination?
As stated in our June 5, 2001 correspondence to your office, a Building Construction Inspector (BCI) is a licensed inspector who generally works under the direction of a registered civil engineer. The BCI is used when higher stresses are involved, e.g., welding, reinforced concrete, masonry, non-destructive testing and other related disciplines. The term "building inspector" or "construction inspector" has the same meaning as "special inspector." The BCI classification is meant to include inspection of all structures, including but not limited to, residential and commercial buildings, bridges, piers, warehouses, oil/water tanks, docks, refineries, heavy highway construction, underground construction, water works, sewers, water reclamation, flood control, dams, dredge, etc.
A field soils and material tester (FSMT) performs a variety of duties. They include special grading, excavation filling, soils used in construction, concrete sampling, density testing and various types of verification tests.
Occasional overlap of duties may occur between the BCI and FSMT, such as taking concrete specimens in the field, however, one must look at the overall scope of work/duties to determine the proper prevailing wage/rate classification.
2. How is grading inspection different when performed by a BCI or by a FSMT?
Grading inspection is generally the work of a FSMT. The City of Los Angeles certifies/licenses grading inspectors whose duties are similar, but more stringent than those of the FSMT. The grading inspector in the Los Angeles area is covered under the BCI classification/wage rate.
3. Please define the following and identify which classification performs this work:
a) Magnetic particle testing
b) Nondestructive inspection
c) Ultrasonic testing
d) Keying
e) Benching
f) Scarifying
g) "Rolling of slopes"
h) One-pointer
379Exhibit 3
i) "Correction for rock"
a) b) c) Magnetic and ultrasonic testing are two different forms of non-destructive testing (NDT). They use mechanical devices to check defects in structures such as welds. The use of magnetic and ultrasonic waves in the evaluation process does not cause any damage to the structure, hence, the term non-destructive testing. Other forms of non-destructive testing include radiography (x-rays) and penetrant testing. All of this work is that of the BCI.
d) Keying in is benching into existing material while filling up an adjacent fill, to bind the two areas (materials) together, eliminating the chance of a soft or uncompacted area in between the two materials or areas. A "stair-step" procedure is usually used.
e) Benching is using a piece of equipment (usually a dozer) to cut into existing material while filling up an adjacent fill, to bind the two areas (materials) together.
This eliminates the chance of soft or uncompacted area in-between the two materials or areas. A "stair-step" procedure is usually used.
f) Scarifying is a procedure performed by equipment that rips up existing material approximately one foot deep, then processing that material by watering and mixing it.
g) Rolling of Slopes is a compaction technique used on the slopes of a new fill area. The time required for compaction on the slope of a fill is the same as the required compaction on the top of the fill.
h) A One-Pointer is one test made on the soil by a field soils and material tester (or FSMT).
i) Correction for Rock is a calculation made for oversized rock in soil, done by a field soils and material tester (FSMT).
Items a, b and care performed by the BCI. Items d, e, f, g, h and i are performed by the FSMT.
To perform items a, b, and c, the individual would have to obtain certification as required by the agency. If certified, for example, in "Ultrasonic Testing," one could perform FSMT work and then move to BCI work if certified to do so.
4. Does lab work fall within the jurisdiction of the BCI? Does the on/off site location of the lab make a difference?
No, lab work is not covered. If a lab is located on-site and the individual stays "inside" the lab, there is no coverage. However, if the individual goes on-site and performs "field work," then he or she is covered for all hours worked. 380Exhibit 3
5. What is the civil engineer's job when working with the BCI or FSMT? Is the civil engineer covered under the scope of the BCI or FSMT sections of the collective bargaining agreement (CBA)?
The civil engineer usually acts in a supervisory role, directing the BCI or FSMT activities. The civil engineer work would not be covered unless he or she performs “field work.”
6. The Master Labor Agreement (page 5) lists employees excluded from coverage.
Does this imply that engineers, architects, project managers and off-site laboratory workers are excluded?
Yes.
7. Some signatories perform mechanical & electrical inspections. Are these jobs covered under the Operating Engineers agreement? If so, how is work performed?
Not covered.
8. When inspectors visit manufacturing sites, is the inspection of the plant and its processes covered under the agreement? Is that the intent of SB 1999?
Yes, pursuant to the agreement. The intent of SB 1999 was to further define coverage in the public work arena.
9. Are the following inspectors included in the scope of the agreement: Geotechnical, Concrete, Painting, Steel and Electrical?
Geotechnical, yes. Concrete, yes. Painting, no. Steel, yes. Electrical, no.
10. Is visual observation inspection (e.g., using tape measures) covered? Yes. Visual inspection is a component of the Inspector's duties.
11. What is the difference between a Geotechnical Inspector and a Geotechnical Engineer? Are they covered under the Operating Engineer agreement?
A Geotechnical Inspector is "on-site" performing the "field work" and is covered.
The Geotechnical Engineer is usually "in-house," a supervisory position, "off- site."
12. Is a project manager whose duties include weekly meetings, approving contracts, managing engineers, managing subcontracts and preparing monthly reports covered under the CEA?
No.
381Exhibit 3
13. Is a resident engineer whose duties include logging correspondence amongst contractors and subcontractors, performing soil, concrete, masonry and HVAC tests, and acting as a liaison between contractors and engineers covered?
When a Resident Engineer logs correspondence among contractors and subcontractors, the work is not covered. When the Resident Engineer acts as a liaison between contractors and engineers, the work is not covered. When performing soil, concrete or masonry tests, the work is covered. HV AC tests are not covered.
14. Is the BCI an apprenticeable classification?
Yes.
15. Is the FSMT an apprenticeable classification?
Yes.
16. Is inspection of bridges and piers covered under the BCI and/or FSMT classifications under your agreement?
Yes. Please see the coverage language in the CBA. Both classifications are covered pertaining to bridge work.
382Exhibit 3
PREDETERMINED INCREASE
CRAFTS/CLASSIFICATIONS:
Operating Engineer (SC-23-63-2-2022-2)
Operating Engineer (Multi-Shift) (SC-23-63-2-2022-2)
Operating Engineer (Special Shift) (SC-23-63-2-2022-2)
Cranes, Pile Driver and Hoisting Equipment (Operating Engineer) (SC-23-63-2-2022-1B) Cranes, Pile Driver and Hoisting Equipment (Operating Engineer, Special Shift) (SC-23-63-2- 2022-1B1)
Cranes, Pile Driver and Hoisting Equipment (Operating Engineer, Multi-Shift) (SC-23-63-2- 2022-1B2)
Tunnel (Operating Engineer) (SC-23-63-2-2022-1C)
Tunnel (Operating Engineer) (SC-23-63-2-2022-1C1) (Multi-Shift) Building/Construction Inspector, Field Soils and Material Tester, and Non-Destructive Testing (SC-23-63-2-2022-1D)
Building/Construction Inspector, Field Soils and Material Tester, and Non-Destructive Testing (Special Shift) (SC-23-63-2-2022-1D1)
Building/Construction Inspector, Field Soils and Material Tester, and Non-Destructive Testing (Multi-Shift) SC-23-63-2-2022-1D2)
LOCALITIES:
All localities within Imperial, Inyo, Kern, Los Angeles, Mono, Orange, Riverside, San Bernardino, San Luis Obispo, Santa Barbara, and Ventura Counties
These predetermined increases for the above named crafts apply only to the current determinations for work being performed on public works projects with bid advertisement dates on or after September 1, 2022, until the determination(s) is/are superseded by a new determination(s) or a predetermined increase modification notice becomes effective.
When referencing our prevailing wage determinations, please note that if the prevailing wage rate determination which was in effect on the bid advertisement date of a project, has a single asterisk (*) after the expiration date, the rate will be good for the life of the project. However, if a prevailing wage rate determination has double asterisks (**) after the expiration date, the rate must be updated on the following date to reflect the predetermined rate change(s).
OPERATING ENGINEER: All Classifications and All Shifts
The above Determinations are currently in effect and will expire on June 30, 2023**.
Effective on July 1, 2023, there will be an increase of $4.00 allocated to wages and/or employer payments.
Effective on July 1, 2024, there will be an increase of $4.00 allocated to wages and/or employer payments.
There will be no further increases applicable to these determinations.
Issued 8/22/2022, Effective 9/1/2022 until superseded.
This page will be updated when wage rate breakdown becomes available.
Last Updated: September 1, 2022
383Exhibit 3
CITY OF BELL GARDENS
PUBLIC WORKS DEPARTMENT
8327 GARFIELD AVENUE • BELL GARDENS, CALIFORNIA 90201-6122 (562) 806-7770 FAX (562) 806-7789 • WWW.BELLGARDENS.ORG
March 16, 2023
REQUEST FOR PROPOSAL CONSTRUCTION MANAGEMENT AND
INSPECTION (CMI) SERVICES FOR FORD PARK
AQUATICS CENTER
ADDENDUM 1
The attached listing shows the City’s response to the proposers’ submitted questions, and shall become a part of the "Contract Documents". All proposers are required to incorporate all necessary changes into their proposals.
All other aspects of the documents pertaining to th is project remain in effect and applicable.
Sincerely,
Grissel Chavez
Director of Public Works
The proposer shall individually identify and acknowledge receipt of this addendum by signing and enclosing a copy of this form in his/her proposal submittal. Failure to do so may result in disqualification of his/her proposal.
Signature of Proposer Date
Proposer Firm Name and Address
384Exhibit 3
Addendum 1
Aquatics Center CMI RFP March 16, 2023
1. Proposers must attend a mandatory Community Development Block Grant pre- proposal meeting scheduled on Thursday, March 23, 2022 at 1 p.m. The link for this mandatory virtual meeting is listed below. Failure to attend this mandatory meeting will result in the proposer’s proposal being rejected.
https://us02web.zoom.us/j/84655264426
Webinar ID: 846 5526 4426
2. In the interests of transparency, would it be possible to obtain an RFP holders / interested firms / Plan/Spec holder list, and any applicable updates thereto during the RFP period?
Answer: The City does not have an RFP holders list or list of interested firms.
However, the RFP and/or plans/specifications have been sent to the below listed companies. The Notice inviting proposals was also published in the Los Angeles Daily Journal newspaper. The City will post any issued addendums on the City website as stated in the RFP.
Anser Advisory Ardurra Michael Baker Psomas
CSG KOA Lathrop Construction
Willdan Infrastructure Engineers Transtech
Griffin Structures Pacifica Services Ledesma & Meyer
MTGL, Inc.
3. Do you have a list of interested firms? If not, will you publish the answers to questions to all the firms that have contacted you?
Answer: The City does not have a list of interested firms. See answer above. The City will post answers to submitted questions on the City website as stated in the RFP.
4. Would the City consider a pre-proposal meeting to allow the teaming required for the project?
Answer: No, not at this time. The City would prefer teams be assembled that have a prior and proven working relationship together and not newly assembled based on recent introductions.
385Exhibit 3
Addendum 1
Aquatics Center CMI RFP March 16, 2023
5. Would the City please clarify which exhibits need to be submitted with the proposal from both the prime consultant and subconsultants?
Answer: The below listed Appendix K forms are required to be submitted with the proposal. Failure to include these forms will result in rejection of the proposal. Additional information will be provided during the mandatory pre -proposal meeting on Thursday, March 23, 2023.
Appendix K, Exhibit 1
Exhibit 2 (no signature required but forms MUST accompany proposal) Exhibit 3
Exhibit 4
Exhibit 5
Exhibit 6 (applies only if subconsultants are used)
Exhibit 11
Exhibit 12
Exhibit 13
Exhibit 14
Exhibit 19 (Worker’s Compensation Certificate)
6. Is there a DBE goal for this project?
Answer: The Aquatics Center construction project does not have any separate DBE goal since the Project is subject to Section 3 requirements relating to Federal Equal Employment Opportunity / Affirmative Action Requirement.
Appendix K of the RFP includes Exhibit 18 titled Section 3 Clause and Program Forms which identifies disadvantaged business as part of the qualifying criteria of a Section 3 Business. The Section 3 Business Goals are set at 10% of construction dollars to be committed to Section 3 Businesses, and 3% of non-construction dollars to be committed to non-construction Section 3 qualified businesses.
Appendix K of the RFP also includes Exhibit 3 titled Federal Equal Employment Opportunity/Affirmative Action Provisions which states the Minority and Female Worker goals for the labor hours. Each contractor is to commit 28.3% of the labor hours to be worked by minorities and 6.9% to be worked by females.
7. Would the City allow an electronic submission in lieu of hard copies?
Answer: No.
386Exhibit 3
Addendum 1
Aquatics Center CMI RFP March 16, 2023
8. Under the Proposal Information section on page 4 of the RFP pdf, the following is stated:
“Specific improvements of this project may include… The demolition and removal of the existing building(s), pools and site improvements, including an underground fuel tank. See appendix for hazardous materials assessment and fuel tank information.”
There appears to be no appendix in the RFP that includes the hazardous materials assessment and fuel tank information. A copy is requested.
Answer: The appendix is included in the Project Specifications and includes the hazardous materials assessment and fuel tank information.
9. The RFP Proposal Information section (page 3 of the pdf) states that the construction period and the project closeout will take 21 months. The Specifications, however, state that the construction duration shall be 365 working days, or approximately 17 months.
(Specifications page 30/General Specifications) “TIME FOR COMPLETION: The Contractor shall complete all work in every detail within three hundred sixty-five (365) working days comprised of five (5) working days for mobilization and three hundred sixty (360) days for construction, after the effective date in the Notice to Proceed with the Work to be issued by the Agency.”
Please clarify the City’s anticipated construction duration period.
Answer: Construction duration is 21 months total from Notice to Proceed. That includes18 months for Construction and 3 months for Close out.
10. Has there been a Mitigated Negative Declaration adopted for this project? If so, can a copy be provided?
Answer: No, a Mitigated Negative Declaration was not adopted for this project. The City filed a CEQA Notice of Exemption for a Categorical Exemption under Section 15302, Class 2 Replacement or Reconstruction.
387Exhibit 3
Addendum 1
Aquatics Center CMI RFP March 16, 2023
11. There is no mention about field office requirements and the contractor’s responsibility to provide his own and one for the CM/Inspection team. Is it the City’s intent to make field offices a requirement of the contractor for the duration of the project?
Answer: Yes. The specifications outlining the construction trailer requirements will be included in the construction bid package.
12. Have the swimming pool plans been submitted for review with the County of Los Angeles Department of Occupational Safety and Health (CA-DOSH)?
Answer: No, the plans have not been submitted to DOSH. Contractor shall schedule, pay for, and provide documentation to DOSH as outlined in Specifications section 13 11 16, 1.7 C Waterslide Start-up.
13. Please confirm that the forms referenced in Appendix K of the RFP are for reference only and do not need to be submitted as part of the proposal. Besides Attachment 5 – ‘Acknowledgment of City’s Standard Form of Agreement,’ are there any other forms required at this time? If so, are any forms required from subconsultants as well?
Answer: Yes, the below listed Appe ndix K forms are required to be submitted with the proposal. Failure to include these forms will result in rejection of the proposal. Additional information will be provided during the mandatory pre -proposal meeting on Thursday, March 23, 2023.
Appendix K, Exhibit 1
Exhibit 2 (no signature required but forms MUST accompany proposal) Exhibit 3
Exhibit 4
Exhibit 5
Exhibit 6 (applies only if subconsultants are used)
Exhibit 11
Exhibit 12
Exhibit 13
Exhibit 14
Exhibit 19 (Worker’s Compensation Certificate)
END OF ADDENDUM 01
388Exhibit 3
CITY OF BELL GARDENS
PUBLIC WORKS DEPARTMENT
8327 GARFIELD AVENUE • BELL GARDENS, CALIFORNIA 90201-6122 (562) 806-7770 FAX (562) 806-7789 • WWW.BELLGARDENS.ORG
March 20, 2023
REQUEST FOR PROPOSAL CONSTRUCTION MANAGEMENT AND
INSPECTION (CMI) SERVICES FOR FORD PARK
AQUATICS CENTER
ADDENDUM 2
The attached shows a corrected mandatory meeting date and links to the RFP addendums, and shall become a part of the "Contract Documents". All proposers are required to incorporate all necessary changes into their proposals.
All other aspects of the documents pertaini ng to this project remain in effect and applicable.
Sincerely,
Grissel Chavez
Director of Public Works
The proposer shall individually identify and acknowledge receipt of this addendum by signing and enclosing a copy of this form in his/her proposal submittal. Failure to do so may result in disqualification of his/her proposal.
Signature of Proposer Date
Proposer Firm Name and Address
389Exhibit 3
Addendum 2
Aquatics Center CMI RFP March 20, 2023
1. Proposers must attend a mandatory Community Development Block Grant pre- proposal meeting scheduled on Thursday, March 23, 2023 at 1 p.m. The link for this mandatory virtual meeting is listed below. Failure to attend this mandatory meeting will result in the proposer’s proposal being rejected.
https://us02web.zoom.us/j/84655264426
Webinar ID: 846 5526 4426
2. The links to the RFP’s Addendums 1 and 2 can be found in the website listed below.
https://www.bellgardens.org/Home/Components/RFP/RFP/120/304
END OF ADDENDUM 02
390Exhibit 3
CITY OF BELL GARDENS
7100 GARFIELD AVE • BELL GARDENS, CALIFORNIA 90201-6122 (562) 806-7700 FAX (562) 806-7789 • WWW.BELLGARDENS.ORG
March 28, 2023
REQUEST FOR PROPOSAL CONSTRUCTION MANAGEMENT AND
INSPECTION (CMI) SERVICES FOR FORD PARK
AQUATICS CENTER
ADDENDUM 3
The attached includes a link to the recording of the Mandatory Community Development Block Grant Pre -Proposal Meeting held on Thursday, March 23, 2023, and the presentation given by Michael Baker International with the presenter’s comments written in red.
All other aspects of the documents pertaining to this project remain in effect and applicable. Proposals are due on Thursday, March 30, 2023 by 4pm to the City Clerk’s Office located at 7100 Garfield Ave. Bell Gardens, CA 90201.
Sincerely,
Elizabeth Nava
Director of Recreation and Community Services
The proposer shall individually identify and acknowledge receipt of this addendum by signing and enclosing a copy of this form in his/her proposal submittal. Failure to do so may result in disqualification of his/her proposal.
Signature of Proposer Date
Proposer Firm Name and Address
391Exhibit 3
Addendum 3
Aquatics Center CMI RFP March 28, 2023
1. Below is the link to access the recording of the mandatory Community Development Block Grant pre-proposal meeting held on Thursday, March 23, 2023, at 1 p.m. The passcode is listed below and required to access the recording.
https://us02web.zoom.us/rec/share/7-0J3-
sNy8i4l8Sg2DXfRlO4B0AMuNqO0aVYoJU1BeXqBy0yA53gU4ruJSEvi_1Q.MM3AZ2tI wJgK9aFj
Passcode: 4jehv*1=
2. Attached is a copy of the presentation given by Michael Baker International with the presenter’s comments written in red from the mandatory Community Development Block Grant pre-proposal meeting.
392Exhibit 3
APPENDIX “K”
FEDERALLY ASSISTED PROJECT – CDBG DOCUMENTS
AND FEDERAL DOL WAGE DECISION
116 393Exhibit 3
FEDERALLY ASSISTED PROJECT
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Exhibit 1 - Summary of Contract Provisions for Inclusion in the Notice Inviting Bids ........... V-2 for a Federally Funded Project
Exhibit 2 - Federal Labor Standards Provisions - HUD-4010............................................. IV-3 Exhibit 3 - Federal Equal Employment Opportunity/Affirmative Action Provisions ............. IV-8 Exhibit 4 - Contracting with Small Business, Minority Firms, Women’s Business Enterprise, and Labor Surplus Area Firms ...................................................... IV-18
Exhibit 5 - Compliance with Clean Air and Water Acts ...................................................... IV-19
Exhibit 6 - Prime Contractor’s List of Proposed Subcontractors ....................................... IV-20 Exhibit 7 - Prime Contractor File Checklist ........................................................................ IV-21 Exhibit 8 - Certification of Understanding and Payroll Authorization .................................. IV-22 Exhibit 9 - Report of Additional Classification and Rate.................................................... IV-23 Exhibit 10 - Non-Segregated Facilities Certification.......................................................... IV-24 Exhibit 11 - Past Performance Certification ....................................................................................................IV-25 Exhibit 12 - Notice of Equal Employment Opportunity........................................................ IV-25
Exhibit 13 - Federal Lobbyist Certification ......................................................................... IV-27
Exhibit 14 - County Lobbyist Certification .......................................................................... IV-28
Exhibit 15 - Fringe Benefit Payment Certification .............................................................. IV-29
Exhibit 16 - Statement of Compliance ............................................................................... IV-30
Exhibit 17 - Agency Report of Contract Award .................................................................. IV-31
Exhibit 18 - Section 3 Clause and Program Forms ............................................................ IV-32 Exhibit 19 - Worker's Compensation Certificate ................................................................ IV-37 Exhibit 20 - Federal Wage Decision .................................................................................. IV-38 394Exhibit 3
EXHIBIT 1
SUMMARY OF CONTRACT PROVISIONS FOR INCLUSION IN
THE NOTICE INVITING BIDS FOR A FEDERALLY FUNDED PROJECT
Prevailing Wage Statement: This contract will be funded in whole or in part with federal housing and community development funds. The Federal Labor Standards Provisions, including prevailing wage requirements of the Davis-Bacon and Related Acts will be enforced, A copy of the Federal Wage Decision applicable to this project is included in the Bid Document.
This is project is a public work in the State of California, funded in whole or in part with public funds. Therefore, the higher of the two applicable prevailing wage rates, federal or state, will be enforced. The Contractor's duty to pay State prevailing wages can be found under Labor Code Section 1770 et seq. Labor Code Sections 1775 and 1777.7 outline the penalties for failure to pay prevailing wages and to employ apprentices, including forfeitures and debarment. The State Wage Decision is on file at the City Clerk's office, and is also available Online at http://www.dir.ca.gov/dlsr/.
Apprenticeship Program: Attention is directed to Sections 1777,5, 1777.6, and 1777.7 of the California Labor Code and Title 8, California Administrative code, Section 200 et seq. to ensure compliance and complete understanding of the law regarding apprentices.
Section 3 Statement: See Page IV-32.
Conflict of Interest : In the procurement of supplies, equipment, construction, and services by sub-recipient$, the conflict of interest provisions in (State LCA - 24 CFR 85,36 and Non -Profit Organizations - 24 CFR 84.4), 0MB Circular A-110, and 24 CFR 570.611, respectively, shall apply. No employee, officer or agent of the sub -recipient shall participate in selection, or in the award or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved.
395Exhibit 3
(no signature required but all pages of this provisions MUST submitted in proposal)
HUD-4010 U.S. Department of Housing and Urban Development Federal Labor Standards Provisions Office of Davis-Bacon and Labor Standards
A. APPLICABILITY
The Project or Program to which the construction work covered by this Contract pertains is being assisted by the United States of America, and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance.
(1) MINIMUM WAGES
(i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment, computed at rates not less than those contained in the wage determination of the Secretary of Labor (which is attached hereto and made a part hereof), regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4).
Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH1321)) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place, where it can be easily seen by the workers. (ii) Additional Classifications.
(A) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination;
(2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(B) If the contractor, the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division (“Administrator”), Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget (“OMB”) under OMB control number 1235-0023.) (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, or HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1235-0023.)
HUD-4010 (06/2022)
Previous editions are obsolete. Page 1 of 5 ref. Handbook 1344.1 396Exhibit 3
(D) The wage rate (including fringe benefits, where appropriate) determined pursuant to subparagraphs (1)(ii)(B) or (C) of this paragraph, shall be paid to all workers performing work in the classification under this Contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1235-0023.) (2) Withholding. HUD or its designee shall, upon its own action or upon written request of an authorized representative of the U.S. Department of Labor, withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work, all or part of the wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The U.S. Department of Labor shall make such disbursements in the case of direct Davis-Bacon Act contracts.
(3) Payrolls and basic records.
(i) Maintaining Payroll Records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification(s), hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made, and actual wages paid.
Whenever the Secretary of Labor has found, under 29 CFR 5.5(a)(1)(iv), that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits.
Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1235-0023 and 1215-0018) (ii) Certified Payroll Reports.
(A) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead, the payrolls only need to include an individually identifying number for each employee (e.g., the last four digits of the employee’s social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at https://www.dol.gov/agencies/whd/forms or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors.
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Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee, the contractor, or the Wage and Hour Division of the U.S.
Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this subparagraph for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to HUD or its designee. (Approved by the Office of Management and Budget under OMB Control Number 1235-0008.) (B) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be provided under 29 CFR
5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR 5.5(a)(3)(i), and that such information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract; and
(C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the “Statement of Compliance” required by subparagraph (a)(3)(ii)(b).
(D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 3729 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under subparagraph (a)(3)(i) available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the U.S. Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency (where appropriate), to be eligible for probationary employment as an apprentice.
The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman’s hourly rate) specified in the contractor’s or subcontractor’s registered program shall be observed.
Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice’s level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program.
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If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed, unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee’s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed.
In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(iii) Equal employment opportunity. The utilization of apprentices, trainees, and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30.
(5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this Contract.
(6) Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in subparagraphs (1) through (11) in this paragraph (a) and such other clauses as HUD or its designee may, by appropriate instructions, require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this paragraph. (7) Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this Contract. (9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this Contract shall not be subject to the general disputes clause of this Contract. Such disputes shall be resolved in accordance with the procedures of the U.S. Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives.
(10) Certification of Eligibility.
(i) By entering into this Contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor’s firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24.
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(ii) No part of this Contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24.
(iii) Anyone who knowingly makes, presents, or submits a false, fictitious, or fraudulent statement, representation or certification is subject to criminal, civil and/or administrative sanctions, including fines, penalties, and imprisonment (e.g., 18 U.S.C. §§ 287, 1001, 1010, 1012; 31 U.S.C. §§ 3729, 3802. (11) Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic, to whom the wage, salary, or other labor standards provisions of this Contract are applicable, shall be discharged or in any other manner discriminated against by the contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer.
B. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
The provisions of this paragraph (b) are applicable where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms “laborers” and “mechanics” include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work, which may require or involve the employment of laborers or mechanics, shall require or permit any such laborer or mechanic in any workweek in which the individual is employed on such work to work in excess of 40 hours in such workweek, unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph B(1) of this paragraph, the contractor, and any subcontractor responsible therefor, shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph B(1) of this paragraph, in the sum set by the U.S.
Department of Labor at 29 CFR 5.5(b)(2) for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in subparagraph B(1) of this paragraph. In accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. § 2461 Note), the DOL adjusts this civil monetary penalty for inflation no later than January 15 each year. (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall, upon its own action or upon written request of an authorized representative of the U.S. Department of Labor, withhold or cause to be withheld from any moneys payable on account of work performed by the contractor or subcontractor under any such contract, or any other Federal contract with the same prime contract, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages, as provided in the clause set forth in subparagraph B(2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph B(1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs B(1) through (4) of this paragraph.
C. HEALTH AND SAFETY
The provisions of this paragraph (c) are applicable where the amount of the prime contract exceeds $100,000. (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his or her health and safety, as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation.
(2) The contractor shall comply with all regulations issued by the Secretary of Labor pursuant to 29 CFR Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91-54, 83 Stat 96), 40 U.S.C. § 3701 et seq.
(3) The contractor shall include the provisions of this paragraph in every subcontract, so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions.
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MUST COMPLETE AND SUBMIT IN PROPOSAL
PAST PERFORMANCE CERTIFICATION
With regard to performance of previous contracts or subcontracts subject to the Equal Opportunity Clause and filing of required reports
The bidder, proposed sub-contractor, hereby certifies that he/she has, has not, participated in a previous contract or subcontract subject to the Equal Opportunity Clause, as required by Executive Orders 10925, 11114, or 11246, and that he/she has, has not, filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance (OFCCP), a Federal Government contracting or administering agency, or the former President’s Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements.
Date: Project Number: Contract Award: $
Awarding Agency:
Contractor Name: Total Number of Employees
Affiliate Company:
By:
Title:
NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b)(1), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60 -1.5 (Generally only contracts or subcontracts of $10,000 or under are exempt).
Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b)(1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the U.S . Department of the Interior or by the Director, Office of Federal Contract Compliance, U.S.
Department of Labor.
SF-100 (EEO-1) must be filed by;
(A) All private employers who are:
(1) Subject to Title VII of the Civil Rights Act of 1964 (as amended) with 100 or more employees. (2) Subject to Title VII who has fewer than 100 employees, if the company is owned or affiliated with another company, or there is centralized ownership, control or management so that the group legally constitutes a single enterprise, and the entire enterprise employs a total of 100 or more employees. (B) All federal contractors (private employers), who:
(1) Are not exempt as provided for by 41 CFR 60-1.5
(2) Have 50 or more employees, and
a. Are prime contractors or first-tier subcontractors, and have a contract, subcontract, or purchase order amounting to $50,000 or more; or
b. Serve as a depository of Government funds in any amount, or c. Is a financial institution, which is an issuing, and paying agent for U.S. Savings Bonds and Notes. 401Exhibit 3
EXHIBIT 3
FEDERAL EQUAL EMPLOYMENT OPPORTUNITY/
AFFIRMATIVE ACTION REQUIREMENTS
Federal Contract Provision
1. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE. During the performance of this contract, the contractor agrees as follows:
a. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are trea ted during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth th e provisions of this nondiscrimination clause.
b. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.
c. The contractor will send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided, advising the said labor union or workers’ representative of the contractor’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
d. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
e. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
402Exhibit 3
f. In the event of the contractor’s noncompliance with the nondiscrimination clause of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole, or in part, and the contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as ot herwise provided by law.
g. The contractor will include the provisions of Paragraph 1a through 1g in every subcontract or purchase order unless exempted by rule, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contract or may request the United States to enter into such litigation to protect the interests of the United States.
2. EQUAL EMPLOYMENT SPECIFICATIONS (Executive Order 11246).
a. As used in these specifications:
(1) Covered area means the geographical area described in the solicitation from which this contract resulted;
(2) Director means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority;
(3) Employer Identification Number (EIN) means the Federal Social Security Number used on the E mployer’s Quarterly Federal Tax Return, United States Treasury Department Form 941.
(4) Minority includes:
(a) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin)
(b) Hispanic (all persons of Mexican, Puerto Rican, Cub an, Central or South American or other Spanish culture or origin, regardless of race);
403Exhibit 3
(c) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the pacific Islands); and
(d) American Indian or Alaskan Native (all persons having origins in any of the origina l peoples of North America and
maintaining identifiable tribal affiliations through membership and participation or community identification).
b. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any cons truction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted.
c. If the contractor is participating (pursuant to 41 CFR Part 60 -4.5) in a Hometown Plan approved by the United States Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and time tables) shall be in accordance with that Plan for those trades which have unions participating in t he Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO Clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor’s or subcontractor’s failure to take good faith efforts to achieve the Plan goals and timetables.
d. The contractor shall implement the specific affirmative action standards provided in paragraphs 3g (1) through 3g (16) of these specif ications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor should reasonable be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified.
404Exhibit 3
e. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the contractor has a collective bargaining agreement, to refer either minority or women shall excuse the contractor’s obligations under these specifications, Executive Order 11246 or the regulations promulgated pursuant thereto.
f. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the contractor during the training period, and the contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the United States Department of Labor.
g. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the contractor’s compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The contractor shall document these efforts fully, and shall implement affirmative action steps at least as exte nsive as the following:
(1) Ensure and maintain working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the contractor’s employees are assigned to work. The contractor, where possible, will assign two or more women to each construction project.
The contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the contractor’s obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities.
(2) Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources a nd to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organization’s responses.
(3) Maintain a current file of the name, address, and telephone numbers of each minority and female off -the street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred, not employed by the contractor, this shall be documented in the file with the reason therefore, along with whatever additional actions the contractor may have taken.
405Exhibit 3
(4) Provide immediate written notification to the Director when the union or unions with which the contractor has a collective bargaining agreement has not referred to the contractor a minority person or woman sent by the contractor, or when the contractor has other information that the union referral process has impeded t he contractor’s efforts to meet its obligations.
(5) Develop on -the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee progr ams relevant to the contractor’s employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notice of these programs to the sources compiled under 3g (2) above.
(6) Disseminate the contractor’s EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing i t in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed.
(7) Review, at least annually, the company’s EEO policy and affirmative action obligati ons under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with on - site supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter.
(8) Disseminate the contractor’s EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractor’s EEO policy with o ther contractors and subcontractors with whom the contractor does or anticipates doing business.
(9) Direct its recruitment efforts, both oral and written, to minority, female, and community organizations; to schools with minority and 406Exhibit 3
female students; and to minority and female recruitment and training organizations serving the contractor’s recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment sources, the contractor shall send written notification to organizations such as the above, describing the opening, screening procedures, and tests to be used in the selection process.
(10) Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to minority and female youth, both on the site and in other areas of a contractor’s work force.
(11) Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60 -3, Uniform Guidelines on Employee Selection Procedures.
(12) Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities.
(13) Ensure that seniority practices, job classifications, work assignments, and ot her personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment-related activities to ensure that the EEO policy and the contractor’s obligations under these specifications are being carried out.
(14) Ensure that all facilities and company activities are non -segregated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes.
(15) Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations.
(16) Conduct a review, at least annually, of all supervisors’ adherence to and performance under the contractor’s EEO policies and affirmative action obligations.
h. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations 3g(1) through (16). The efforts of a contractor association, joint contractor-union, contractor-community, or other similar group of which the contractor is a 407Exhibit 3
member and participant, may be asserted as fulfilling any one or more of its obligations under 3g(1) though (16) of these specifications provided that the contractor actively participates in the group, makes every effort to ensure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the contractor’s minority and female work force participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractor’s, and failure of such a group to fulfill an obligation shall not be a defense for the contractor’s noncompliance.
i. A single goal for minorities and a separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non - minority. Consequently, the contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the contractor has achieved its goals for women generally, the contractor may be in violation of the Executive Order if a specific minority group of women is underutilized).
j. The contractor shall not use the goals and timetables of affirmative action standards to discriminate against any person be cause of race, color, religion, sec or national origin.
k. The contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246.
l. The contractor shall carry out such sanctions and pe nalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended.
m. The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative actions steps, at least as extensive as those standards prescribed in Paragraph 3g of these specifications, so as to achieve maximum results from its efforts to ensure equal emplo yment opportunity. If the contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR Part 60-1.8 (Show Cause Notice).
408Exhibit 3
n. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to be required by the Government and to keep records. Records shall at least include for each emplo yee the name, address, telephone numbers, construction trade, union affiliation, if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records.
o. Nothing herein provided sh all be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program).
p. The Director, from time to time, shall issue goals and timetables for minority and female utilization which shall be based on appropriate work force, demographic or other relevant data and which shall cover construction projects or construction contracts performed in specific geographic areas.
The goals, which shall be applicable to each construction trade in a covered contractor’s or subcontractor’s entire work force which is working in the area covered by the goals and timetables, shall be published as notices in the Federal Register, and shall be inserted by the contractin g officers and applicants, as applicable, in the Notice required by 41 CFR 60-4.2.
3. SPECIFIC EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS. For a federally assisted construction contract in excess of $10,000, the contractor/subcontractor shall:
a. Forward the following EEO certification forms to the contract awarding authority prior to contract award: Certification of Non -segregated Facilities and Certification with Regard to the Performance of Previous Contracts or Subcontracts Subject to the Equal Opportunity Clause and the Filing of Required Reports.
b. Submit a notification of subcontracts awarded to the Director, Office of Federal Contract Compliance Programs, United States Department of Labor - ESA, 200 Constitutional Avenue, NW, Room C3325, Wash ington, D.C., 20210, within 10 working days of award of any subcontract in excess of $10,000, listing the name, address, and telephone number of the 409Exhibit 3
Goals for Minority Goals for Female
28.3% 6.9%
These goals are applicable to all the contractor’s construction work (whether subcontractor; employer identification number; estimated dollar amount of the subcontract; estimated starting date and completion dates of the subcontract; and the geographical area in which the contract is to be performed.
c. Send a notice of the contractor ’s commitment to equal employment opportunity to labor unions or representatives of workers prior to commencement of construction work.
d. Display an equal employment opportunity poster in a conspicuous place available to employees and applicants for employment.
e. For contracts in excess of $10,000, bind subcontractors to the Federal Equal Employment Opportunity requirements by including the provisions of Paragraphs 1 through 3, above, in the subcontract.
f. Upon commencement of construction work and until the work is completed, forward the Monthly Employment Utilization Report (Form CC-257) to the contract awarding authority by the end of each w ork month. With the initial monthly report, the contractor/subcontractor shall attach the Contractor’s List of Federal and Non-Federal Work in Bid Condition Area to the monthly report.
4. NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (Executive Order 11246)
a. The Offeror or Bidder’s attention is called to the Equal Opportunity Clause and the Standard Federal Equal Employment Specifications set forth herein.
b. The goals and timetables for minority and female participation, expressed in percentage terms for the contractor’s aggregated work force in each trade on all construction work in the covered area, are as follows:
*LABOR HOURS reported on certified payrolls
If
the contractor performs construction work in a geographical area located
Please review the applicable Minority and Female Participation Goals that are expected of the Prime Contractor to meet.
Each Trade Each Trade Timetables
Participation in Participation for
or not it is Federal or federally assisted) performed in the covered area. 410Exhibit 3
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 bas ed on its implementation of the Equal Opportunity Clause, specific affirmation action obligations required by the specifications set forth in 41 CFR Part 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 of 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed.
c. The contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within ten (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 th e subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed.
d. As used in this notice, and in the contract resulting from this solicitation, the covered area is the Standard Metropolitan Statistical Area of Los Angeles - Long Beach, specifically the County of Los Angeles, State of California. 411Exhibit 3
EXHIBIT 4
CONTRACTING WITH SMALL BUSINESS, MINORITY FIRMS,
WOMEN’S BUSINESS ENTERPRISE, AND LABOR SURPLUS AREA FIRMS Federal Contract Provision
1. It is national policy to award a fair share of contracts to Small business and Minority Firms. Accordingly, affirmative steps must be taken to assure that Small Business and Minority Firms are utilized when possible, as sources of supplies, equipment, construction and services. Affirmative steps include the following:
a. Including qualified Small Business and Minority Firms on solicitation lists.
b. Assuring that Small Business and Minority Firms ar e solicited whenever they are potential sources.
c. When economically feasible, dividing total requirements into smaller tasks or quantities so as to permit maximum Small Business and Minority Firm participation.
d. Where the requirement permits, establishing delivery schedules which will encourage participation by Small Business and Minority Firms.
e. Using the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce, as required.
f. If any subcontracts are to be let, requiring the prime contractor to take the affirmative steps in 1a through 1e above.
2. Grantees shall take similar appropriate affirmative action in support of Women’s Business Enterprises.
3. Grantees are encouraged to procure goods and services from Labor Surplus Areas.
412Exhibit 3
MUST COMPLETE AND SUBMIT IN PROPOSAL
Exhibit 5
413Exhibit 3
(Submit if subconsultants will be used on this project. If no subs will be used, this form is not required to be submitted in proposal)
EXHIBIT 6
414Exhibit 3
For reference only, not required to be submitted in proposal
EXHIBIT 7
415Exhibit 3
Optional - Bidder may submit this form in proposal or awarded prime contractor may submit during pre-construction phase.
EXHIBIT 8
CERTIFICATION OF UNDERSTANDING AND PAYROLL AUTHORIZATION Federal Compliance Form - to be submitted with Bid
Project Name/Number Awarding Agency
Company Name
Company Address
License Number Employer Identification Number DUNS Number
This is to certify that the principal{s), and the authorized payroll officer listed below, have read the "Contractor's Guide to Prevailing Wage Requirements for Federally Assisted Construction" and the Federal Labor Standards Provisions (HUD -4010 form) and that both parties understand these requirements.
The following person is designated as the payroll officer for the company and is authorized to sign the Statement of Compliance that will accompany each weekly Certified Payroll Report for the project:
PAYROLL OFFICER: (individual responsible for signing Statements of Compliance)
Name Title
Signature Date
PRINCIPAL OWNER/GENERAL PARTNER: (listed on CSLB Personnel List)
Name Title
Signature Date
416Exhibit 3
Complete and submit to the HUD if a special classification will be used on this project, and the special classification has not been recognized by the HUD as construction trade.
If no special trade will be used on this project, this form is not required to be submitted in proposal.
EXHIBIT 9
417Exhibit 3
Required to be submitted in proposal.
EXHIBIT 10
NON-SEGREGATED FACILITIES CERTIFICATION
Federal Compliance Form - to be submitted with Bid
The Federally-assisted construction contractor certifies that he/she DOES NOT and WILL NOT:
5. Maintain or provide, for his/her employees, any segregated facilities at any of his/her establishments.
6. Permit his/her employees to perform their services at any location, under his/her control, where segregated facilities are maintained.
The Federally-assisted contractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this contract. As used in this certification, the term segregated facilities means any waiting room, work areas, restrooms and wa shrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas1 parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segrega ted by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise.
The Federally -assisted contractor agrees that (except where he/she has obtained identical certifications from proposed subcontractors for specific time periods) he/she will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause, and that he/she will retain such certifications in his/her files.
NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.
Date: Project Number:
Company:
Address:
By:
Title:
418Exhibit 3
Duplicate form of the Certification form on the 9th page of this packet. Bidder must submit this form or the form on the 9th page.
EXHIBIT 11
PAST PERFORMANCE CERTIFICATION
Federal Compliance Form - to be submitted with Bid
The bidder, proposed sub -contractor, hereby certifies that he/she has, has not, participated in a previous contract or subcontract subject to the Equal Opportunity Clause, a required by Executive Orders 10925, 11114, or 11246, and that he/she has, has not, files with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President’s Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements.
Date: Project Number: Contract Award $
Awarding Agency:
Contractor Name:
Affiliate Company:
By: Title:
NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60 -1.7(b)(i), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60 -1.5 (generally only contracts or subcontracts of $10,000 or under are exempt).
Proposed prime contractors and subcontractors who have participated In a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b)(1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the U.S. Department of the Interior or by the Director, Office of Federal Contract Compliance, LJ.S. Department of Labor.
SF-100 (EE0-1) must be filed by:
(A) All private employers who are:
(1) Subject to Title VII of the Civil Rights Act of 1964 (as amended) with 100 or more employees. (2) Subject to Title VII who has fewer than 100 employees, if the company is owned or affiliated with another company, or there is centralized ownership, control or management so that the group legally constitutes a single enterprise, and the entire enterprise employs a total of 100 or more employees. (B) All federal contractors (priVate employers), who:
(1) Are not exempt as provided for by 41 CFR 60-1 .5
(2) Have 50 or more employees, and
a. Are prime contractors or first-tier subcontractors, and have a contract, subcontract, or purchase order amounting to $50,000 or more; or
b. Serve .is a depository of Government funds In any amount, or c. ls a financial institution, which is an issuing, and paying agent for U.S. Savings Bonds and Notes. 419Exhibit 3
Required to be submitted in proposal.
EXHIBIT 12
NOTICE OF EQUAL EMPLOYMENT OPPORTUNITY
Federal Compliance Form - to be submitted with Bid
TO:
(Name of Labor Union, Workers Representative, etc.)
(Address)
Name of Business (Contractor):
Project Name: Project Number:
The Undersigned currently holds a contract with
involving funds of the U, S. Government, or a subcontract with a prime contractor holding such contract.
You are advised that under the provisions of the above contract or subcontract, and in accordance with Executive Order 11246, the undersigned is obligated not to discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. This obligation not to discriminate in employment includes, but is not limited to the follow:
1. Hiring, placement, upgrading, transfer or demotion;
2. Recruitment, advertising or solicitation for employment;
3. Treatment during employment;
4. Rates of pay or other forms of compensation;
5. Selection for training, including apprenticeship; and
6. Layoff or termination.
This notice is furnished to you pursuant to the provisions of the above contract or subcontract and Executive Order 11246. Copies of this notice will be posted by the undersigned in conspicuous places available to employees or applicants for employment.
By:
(Print Name) (Signature)
(Date) (Title)
420Exhibit 3
Required to be submitted in proposal.
EXHIBIT 13
FEDERAL LOBBYIST CERTIFICATION
Federal Compliance Form - to be submitted with Bid
Name of Firm:
Address:
State: Zip Code: Telephone Number: ( )
Acting on behalf of the above named firm, as its Authorized Official, I make the following Certification to the U. S. Department of Housing and Urban Development and the body awarding this federally assisted construction contract:
1. No Federal appropriated funds have been paid by or on behalf of the above named firm to any person for influencing or attempting to Influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress In connection with the awarding of any Federal contract, the making of and Federal grant1 loan or cooperative agreement, and any extension, continuation, renewal, amendment, or modification thereof, and;
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee or any agency, a Member of Congress an officer or employee of Congress or an employee of a Mem ber of Congress In connection ·with this federal contract, grant loan, or cooperative agreement, the above named firm shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying". in accordance with Its instructions, and;
3. The above name firm shall require that the language of this certification be Included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreement) and that all sub-recipients shall certify and disclose accordingly.
NOTE: This certification ls 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 the 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 $101000 and not more than $100,000 for each such failure.
Authorized Official:
By:
(Print Name) (Signature)
(Date) (Title)
421Exhibit 3
Required to be submitted in proposal.
EXHIBIT 14
422Exhibit 3
Optional - Bidder may submit this form in proposal or awarded prime contractor may submit during pre- construction phase.
EXHIBIT 15
423Exhibit 3
Optional - Bidder may submit this form in proposal or awarded prime contractor may submit during pre- construction phase.
EXHIBIT 16
424Exhibit 3
Not required to be submit proposal. Included as reference EXHIBIT 17
AGENCY REPORT OF CONSTRUCTION CONTRACT AWARD
(05/15/19)
TO: , Program Manager – Grants Management Unit (GMU) Date:
FROM: Local Contracting Agency Name:
Project Name: Project Number:
A formal bid opening, or informal solicitation for this construction contract was held on: Date:
A Contract Subcontract was awarded to the contractor identified below on: Date:
The contract amount for the scope of work to be performed by this Contractor, as detailed below, is: Amount:
This is or is not a Section 3 qualified construction contract A Section 3 Pre-Bid Meeting was held on: Date:
A copy of the completed Section 3 Bid Evaluation form was provided to the GMU on: Date:
The Contractor’s Eligibility was verified prior to the contract with search results from:
California Contractors State Licensing Board (CSLB) website ( http://www.cslb.ca.gov ) on: Date:
California Department of Industrial Relations (DIR) website ( https://efiling.dir.ca.gov/PWCR/Search ) on: Date:
California Department of Industrial Relations (DIR) website (https://www.dir.ca.gov/dlse/debar) on: Date:
Federal List of Parties Excluded from federal contract award website (https://www.sam.gov) on: Date:
A Notice of Contract Award letter was sent to the U.S. Dept. of Labor, OFCCP (contracts $10,000 or more) on: Date:
Identify the detailed scope of work FOR THIS CONTRACTOR Estimated Start Date: Estimated Completion Date:
Identify the work classifications to be USED BY THIS CONTRACTOR at t h e c o n s t r u c t i o n site Estimated Workforce size:
Asbestos Worker
Bricklayer
Carpenter
Cement Mason
Electrician
Equipment Operator Group
Glazier
Ironworker
Laborer Group
Labor/Striper Group
Lather
Marble setter
Painter
Plasterer
Plumber
Roofer
Sheet metal worker
Terrazzo Worker
Tile layer
(other)
The Contractor(s) acknowledge, by signature below, that: “This construction project is funded in whole or in part with Federal funds.” A copy of the Federal Labor Standards Provisions (HUD-4010 form), is attached to the contractor’s copy of this form.
A copy of the assigned Federal Wage Decision identified below, is attached to the contractor’s copy of this form.
Federal Wage Decision Number: CA Mod. , DATED (http://www.wdol.gov/).
The Contractor(s) further acknowledge that federal prevailing wage and fringe benefit rates must be paid to all workers each week.
Print Company Name above – Prime Contractor Subcontractor Print Company Name above – Subcontractor Lower-tier Employer Identification Number: Employer Identification Number:
Contractor License Number: Contractor License Number:
Authorized Signature of Company Representative Authorized Signature of Company Representative
Black American
White American
Hispanic American
Women Owned Business
Minority Owned Business
Section 3 Qualified Business
Native American
Hasidic Jews
Asian/Pacific American
Black American
White American
Hispanic American
Women Owned Business
Minority Owned Business
Section 3 Qualified Business
Native American
Hasidic Jews
Asian/Pacific American
425Exhibit 3
Tips for completing the Agency Report of Contract Award f o r m The Agency Report of Contract Award (ARCA) form helps to protect the interest of all parties concerned and should be completed at the pre-construction conference.
Send a copy of the completed form(s) to the GMU Contract Compliance Officer via email. The ARCA is processed as follows:
• Local Contracting Agency (LCA) must;
o Enter the basic project information on the form,
o Enter the dollar amount of the Prime Contract
o Explain the prevailing wage requirements as outlined in the specifications, o Do not sign the form until it is returned, completed by the prime sub, or lower-tier contractor, o Collect form from the contractor and review for accuracy, o Initial and email completed form(s) to the GMU Contract Compliance Officer.
• Prime Contractor must;
o Provide an estimated start and end date, and a summary the Scope of Work, o Identify the basic trades and number of workers to be used on site, o Complete lower left section – business address and EEO portion, and o Sign and return the form to the LCA.
o Subcontractor form, provide the dollar amount of each subcontract • Ensure subcontractor has a copy of the HUD-4010 form & Federal Wage Decision • Collect form from the sub-contractor and review it for accuracy • Sign and forward the form to the LCA
• Sub and Lower-tier contractor must;
o Provide an estimated start and end date, and a summary the Scope of Work, o Identify the basic trades and number of workers to be used on site, o Complete lower right section – business address and EEO portion, and o Sign and return the form to the Prime Contractor.
1. Date of formal Bid Opening or Informal Solicitation Date : LCA identifies the date of formal bid opening was held. For an informal solicitation, the date that the contractor signed a construction contract with the LCA.
2. Contract Award Date: Prime Contracts, the date an agreement was signed with the LCA.
Subcontracts, the date an agreement was signed with the prime contractor.
Lower-tier contracts, the date an agreement was signed with the subcontractor.
3. Section 3 Qualified Contracts: The LCA is required to conduct a presentation of the bid preference and hiring requirements of Section 3 during the Pre- Bid Meeting . In addition, during the bid evaluations, the LCA will include a Section 3 analysis to determine each bidder’s Section 3 Responsiveness and provide GMU with a copy of their evaluation. A standard -format evaluation form is available for reference and use during the evaluation process.
4. Contractor Eligibility: Prior to awarding any contract or subcontract the LCA must ensure that each contractor is eligible to receive a federally -funded construction contract. Ensuring that each contractor’s license is current and active is part of the LCA bid evaluation process and the eligibility c heck includes:
1. Obtaining the state license number of each bidder and proposed sub-contractor
2. Contact the CA Contractor State License Board on-line at http://www.cslb.ca.gov
3. Enter the contractor’s license number and click on “Check License”
4. The License Detail page will display; Business Information, License Status, Personnel List, etc.
5. Print a copy of this page to assist in completing the contractor’s eligibility verification. a. First, access the CA Department of Industrial Relations websites:
i. at https://efiling.dir.ca.gov/PWCR/Search.action for contractor public works registration status, and ii. at https://www.dir.ca.gov/dlse/debar to ensure that the contractor is not debarred b. Next, access the Federal List of Parties Excluded from receiving federal funds on-line at https://www.sam.gov/
6. Print the results of your search and place a copy in the contractor’s Labor Standards Enforcement File
5. Contractor Acknowledgement : By signing this form the contractor(s) acknowledges that this project is federally -funded and the prevailing wage requirements of the Davis-Bacon and Related Acts will be administered, monitored, and enforced by the LCA, or their assigned representative.
6. Federal Labor Standards Provisions: A copy of the current HUD-4010 form that outlines the labor requirements for each contractor must be included in the bid specifications for all formal competitive bids, or phys ically attached to each Prime Contract awarded for informal contracts under $25,000. The Prime Contractor must attach a current copy of the HUD-4010 form to each subcontract.
7. Federal Wage Decision: A copy of the current Wage Decision that identifies the minimum hourly wage and fringe benefit payments to workers must also be included in the bid specifications for all formal competitive bids, or physically attached to each Prime Contract awarded for informal contracts under $2,000.
The Prime Contractor must attach a copy of the applicable Wage Decision and HUD-4010 form to each subcontractor ARCA to ensure that each sub and lower - tier contractor was informed of his/her obligation to pay prevailing hourly wages and fringe benefits to workers each week.
8. Contractor’s Acknowledgement: Federal prevailing wage and fringe benefits rates identified in the wage decision are the minimum rates to be paid to the workers each week.
9. Notice of Contract Award: For all contracts awarded in the amount of $10,000 or more, the LCA must ensure that a “Notice of Contract Award” letter is sent to the Office of Federal Contract Compliance Programs ( OFCCP) at the address below and a copy of the signed letter must be placed in the project file.
U.S. Department of Labor, Office of Federal Contract Compliance Programs 1640 South Sepulveda Boulevard, Suite 440
Los Angeles, CA 90024
426Exhibit 3
Not required to be submitted in proposal.
Please review Section 3 rules, clause, and Hiring and Contracting goals.
EXHIBIT 18
SECTION 3 REQUIREMENTS, CLAUSE, AND PROGRAM FORMS
Section 3 Requirements for Projects for Housing and Community Development Assistance (as amended) funded with Community Development Block Grant:
The purpose of Section 3 of the Housing and Urban Development Act of 1968, as amended, is to ensure that training, employment, contracting and other economic opportunities generated by HUD financial assistance shall, to the greatest extent feasible, and consistent with existing Federal, State and local laws and regulations be directed to low- and very low-income persons, particularly those who are recipients of government assistance for housing, and to business concerns which provide economic opportunities to low- and very low -income persons. S ection 3 applies to training, employment, contracting and other economic opportunities in the following manner:
Housing and Community Development Financial Assistance:
In connection with housing assistance and community development financial assistance that is used for the following types of projects:
• Housing rehabilitation (including reduction and abatement of lead-based paint hazards, but excluding routine maintenance, repair and replacement); • Housing construction; and
• Other public construction
SECTION 3 REQUIREMENTS
The parties to this Contract agree to comply with HUD's regulations in 24 CFR Part 75, which implements Section 3. As evidenced by their execution of this Contract, the parties to this Contract certify that they are under no contractual obligation or other impediment that would prevent them from complying with Part 75 of the regulations.
The Contractor agrees to send to each labor organization or representative of workers with which the Contractor has a collective bargaining Contract or other understanding, if any, a notice advising the labor organization or workers' representative of the Contractor's commitments under Section 3 and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3, shall set forth the minimum number a nd job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.
The Contractor agrees to include this Section 3 contract language in every subcontract subject to compliance with regulations in 24 CFR Part 75, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Sec tion 3 contract language, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 75. The Contractor will not subcontract with any subcontractor where the Contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 75. 427Exhibit 3
SECTION 3 DECLARATION OF INTENT TO COMPLY
The Contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the Contractor is selected, but before the Contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 75 require employment opportunities to be directed, were not filled to circumvent the Contractor’s obligations under 24 CFR Part 75.
Noncompliance with HUD's regulations in 24 CFR Pa rt 75 may result in sanctions, termination of this Contract for default, and debarment or suspension from future HUD assisted contracts.
As a minimum requirement for consideration of a contract award, the Bidder/Proposer shall declare his/her intent to comply with Section 3 (24 CFR 75) of the Housing and Urban Development Act of 1968, as amended (Section 3) by submitting the Declaration of Intent to Comply Form. The Bidder/Proposer is obliged, to the greatest extent feasible, to give opportunities for training and employment to low-income and very low-income persons residing in the service area or neighborhood in which the covered Section 3 project/service is located, and/or to award subcontracts to other Section 3 business concerns that provide economic opportunities for Section 3 workers and Targeted Section 3 workers. Bidder/Proposer agrees that, as a condition of responsiveness to the solicitation and prior to recommendation for contract award by the Local Contracting Agency (LCA), he/she will agree to comply with the Section 3 requirements by including the Section 3 contract language in the contract, to the greatest extent feasible, to meet the Section 3 benchmarks and report all accomplishments with required documentation on a quarterly basis for the duration of the contract.
The following Section 3 requirements apply to all LCA Section 3 covered contracts and contractors/ subcontractors funded with CDBG financial assistance:
Section 3 Workers: 25% or more for the total number of labor hours worked by all workers employed on a Section 3 project; and
or more of the total number of labor hours worked by all workers employed on a Section 3 project of which is included as part of the 25% threshold in the previous bullet.
SECTION 3 CERTIFICATIONS FORMS
A. SECTION 3 WORKERS must complete certification forms demonstrating they meet the eligibility requirements.
A Section 3 Worker is any worker who currently fits, or when hired within the past five years fit, at least one of the following categories, as documented:
1. The worker’s income for the previous or annualized calendar year is below the income limit
established by HUD
2. The worker is employed by a Section 3 business concern; or
3. The worker is a YouthBuild participant
B. A SECTION 3 TARGETED WORKER for Housing and Community Development Targeted Section 3 Workers: 5%
428Exhibit 3
Section 3 Business Goals: 25% of construction dollars and 3% of
Financial Assistance projects is a Section 3 Worker who:
1. Is employed by a Section 3 business concern; or
2. Currently fits or when hired fit at least one of the following categories, as documented within the past five years:
(i) Living within the service area or the neighborhood of the project, as defined in 24 CFR §75.5; or
(ii) A YouthBuild participant
C.
Businesses that meet one of the following criteria within the last 6 months qualify as a Section 3 Business Concern. Local contracting agencies must verify Section 3 Business Concern status at the time the contract is awarded.
1. At least 51% owned and controlled by low-income or very low-income persons
2. Over 75% of labor hours performed for the business over prior 3-month period are performed by Section 3 Workers
3. At least 51% owned and controlled by current residents of public housing or Section 8 assisted housing
4. The status of a Section 3 business concern shall not be negatively affected by a prior arrest or conviction of its owner(s) or employees.
Nothing in this part shall be construed to require the contracting or subcontracting of a Section 3 business concern. Section 3 business concerns are not exempt from meeting the specifications of the contract.
COMPLIANCE WITH SECTION 3 BENCHMARKS
Compliance with Section 3 benchmarks shall be achieved, to the greatest extent feasible consistent with existing Federal, state and local laws and regulations to provide economic opportunities for Section 3 workers and Targeted Section 3 workers. HUD regulations outline requirements to serve as a measurement of compliance with the “greatest extent feasible.” The benchmarks apply to all Section 3 projects awarded in any fiscal year.
The Contractor/Subcontractor will be considered to have complied with Section 3 benchmarks, in the absence of evidence to the contrary, if they meet all goals and certify compliance with prioritization requirements as follows. Participating contractor/Subc ontractor should update their policies and procedures for tracking labor hours via Certified Payrolls (CPRs), timesheets, and other documents to ensure compliance with the Section 3 requirements. The Contractor/Subcontractor will have complied if they meet these benchmarks:
• Community development financial assistance benchmarks:
o Section 3 workers: 25% or more for the total number of labor hours worked by all workers employed on a Section 3 project and
o Targeted Section 3 workers: 5% or more of the total number of labor hours worked by all workers employed on a Section 3 project of which is included as part of the 25% threshold in the previous bullet.
SECTION 3 BUSINESS CONCERN CERTIFICATION
construction dollars. For CMI service provider (firm), 3% Goal non-
429Exhibit 3
JOBSITE POSTING REQUIREMENTS
Should the Contractor/Subcontractor fail to meet the Section 3 benchmarks as described above in this section, the Contractor/Subcontractor shall submit the Section 3 Qualitative Efforts Form that describes the qualitative nature of the activities. Examples of qualitative efforts includes, but are not limited to the following:
• Engaged in outreach efforts to generate job applicants who are Targeted Section 3 workers. • Provided training or apprenticeship opportunities.
• Provided technical assistance to help Section 3 workers compete for jobs (e.g., resume assistance, coaching).
• Provided or connected Section 3 workers with assistance in seeking employment including: drafting resumes, preparing for interviews, and finding job opportunities connecting residents to job placement services.
• Held one or more job fairs.
• Provided or referred Section 3 workers to services supporting work readiness and retention (e.g., work readiness activities, interview clothing, test fees, transportation, childcare).
• Provided assistance to apply for/or attend community college, a four-year educational institution, or vocational/technical training. • Assisted Section 3 workers to obtain financial literacy training and/or coaching. • Engaged in outreach efforts to identify and secure bids from Section 3 business concerns. • Provided technical assistance to help Section 3 business concerns understand and bid on contracts.
• Divided contracts into smaller jobs to facilitate participation by Section 3 business concerns.
• Provided bonding assistance, guaranties, or other efforts to support viable bids from Section 3 business concerns.
• Promoted use of business registries designed to create opportunities for disadvantaged and small businesses.
• Outreach, engagement, or referrals with the state one-stop system as defined in Section 121(e)(2) of the Workforce Innovation and Opportunity Act 17.
After contract award, the contractor’s completed and signed Declaration of Intent to Comply must be posted at the jobsite and include the contractor’s job opportunities available to local qualified low-income residents. The posting must include the contact information of the contractor’s hiring official and identify the place and time where prospective employees can obtain and submit an application for employment and Section 3 Worker Certification and Section 3 Target Worker Forms.
REQUIRED FORMS FOR THE SOLICITATION PACKAGE
• Declaration of Intent to Comply with Section 3 Requirements Certification • Section 3 Worker Certification
• Section 3 Target Worker Certification
• Section 3 Business Concern Certification
• Section 3 Qualitative Efforts Form
430Exhibit 3
Section 3 of the Housing and Urban Development Act of 1968, As Amended:
The work to be performed under this Contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD- assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.
The parties to this Contract agree to comply with HUD's regulations in 24 CFR Part 75, which implements Section
3. As evidenced by their execution of this Contract, the parties to this Contract certify that they are under no contractual obligation or other impediment that would prevent them from complying with Part 75 of the regulations.
The Contractor agrees to send to each labor organization or representative of workers with which the Contractor has a collective bargaining Contract or other understanding, if any, a notice advising the labor organization or workers' representative of the Contractor's commitments under Section 3, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3, shall set forth the minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.
The Contractor agrees to include this Section 3 contract language in every subcontract subject to compliance with regulations in 24 CFR Part 75, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 contract language, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 75. The Contracto r will not subcontract with any subcontractor where the Contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 75. The Contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the Contractor is selected, but before the Contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 75 require employment opportunities to be directed, were not filled to circumvent the Contractor’s obligations under 24 CFR Part 75.
Noncompliance with HUD's regulations in 24 CFR Part 75 may result in sanctions, termination of this Contract for default, and debarment or suspension from future HUD assisted contracts.
SECTION 3 CLAUSE
431Exhibit 3
To Be Completed by the Employer
The employee was hired on:
This employee meets the following: □ HUD Income Limits □ Section 3 Business Employee □ YouthBuild Participant Business Name:
Print Name of Owner / Agent:
Signature of Owner / Agent: Date:
TO BE COMPLETED BY LOCAL CONTRACTING AGENCY
Reviewed by: Date:
Not required to be submitted in proposal.
Included as reference.
TARGETED SECTION 3 WORKER CERTIFICATION
FOR
LOS ANGELES COUNTY RESIDENTS
(EFFECTIVE JULY 1, 2022)
Employee Name:
Address:
City/State/Zip Code:
I hereby state that I currently or within the past five (5) years can document at least one of the following categories:
I am an employee who, when hired, can document that at least one of the following currently or within the past five (5) years applies to me:
I am/was a low-income person living within one m i le of th i s project s i te
A YouthBuild Participant
I am employed by a Section 3 business
I declare under penalty of perjury under the laws of the State of California that theinformation stated above is true and correct.
Employee Signature Date
2022 Section 3 Worker Certification (HCD) 7-12-22
432Exhibit 3
To Be Completed by the Employer
The employee was hired on:
This employee meets the following: □ HUD Low-Income Limits □ Section 3 Business Employee □ YouthBuild Participant Business Name:
Print Name of Owner / Agent:
Signature of Owner / Agent: Date:
Not required to be submitted in proposal.
Included as reference. SECTION 3 WORKER CERTIFICATION
FOR
LOS ANGELES COUNTY RESIDENTS
(EFFECTIVE JULY 1, 2022)
Employee Name:
Address:
City/State/Zip Code:
I hereby state that I currently or within the past five (5) years can document at least one of the following categories:
1. ☐ I am a resident in the County of Los Angeles with a total annual household income within the income limits selected in the table below:
CIRCLE your household size and CHECK household gross annual income level from all sources:
Household Size Total Household Income
1 ☐ $25,050 or Less ☐ $25,051 to $41,700 ☐ $41,701 to $66,750 2 ☐ $28,600 or Less ☐ $28,601 to $47,650 ☐ $47,651 to $76,250 3 ☐ $32,200 or Less ☐ $32,201 to $53,600 ☐ $53,601 to $85,800 4 ☐ $35,750 or Less ☐ $35,751 to $59,550 ☐ $59,551 to $95,300 5 ☐ $38,650 or Less ☐ $38,651 to $64,350 ☐ $64,351 to $102,950 6 ☐ $41,500 or Less ☐ $41,501 to $69,100 ☐ $69,101 to $110,550 7 ☐ $44,350 or Less ☐ $44,350 to $73,850 ☐ $73,851 to $118,200 8 ☐ $47,200 or Less ☐ $47201 to $78,650 ☐ $78,651 to $125,800
2. ☐ I am employed by a Section 3 business, and/or
3. ☐ I am a YouthBuild participant.
I declare under penalty of perjury under the laws of the State of California that the information stated above is true and correct.
Employee Signature Date
2022 Section 3 Worker Certification 7/1/2022
433Exhibit 3
MUST COMPLETE AND SUBMIT IN PROPOSAL
DECLARATION OF INTENT TO COMPLY WITH
SECTION 3 REQUIREMENTS
As a minimum requirement for consideration of a contract award, the Bidder/Proposer shall declare his/her intent to comply with Section 3 (24 CFR 75) of the Housing and Urban Development Act of 1968, as amended (Section 3). The Bidder/Proposer is obliged, to the greatest extent feasible, to give opportunities for training and employment to low-income and very low-income persons residing in the service area or neighborhood in which the covered Section 3 project/service is located, and/or to award subcontracts to other Section 3 business concerns that provide economic opportunities for Section 3 workers and Targeted Section 3 workers.
Bidder/Proposer agrees that, as a condition of responsiveness to the solicitation and prior to recommendation for contract award by the Local Contracting Agency (LCA),he/she will agree to comply with the Section 3 requirements by including the Section 3 contract language in the contract, to the greatest extent feasible, to meet the Section 3 benchmarks and report all accomplishments with required documentation on a quarterly basis for the duration of the contract.
The Section 3 benchmarks apply to all Section 3 covered contracts as follows:
• Public housing financial assistance benchmarks:
o Section 3 workers: 25% or more for the total number of labor hours worked by all workers employed, and
o Targeted Section 3 workers: 5% or more of the total number of labor hours worked by all workers employed of which is included as part of the 25% threshold in the previous bullet.
• Community development financial assistance benchmarks:
o Section 3 workers: 25% or more for the total number of labor hours worked by all workers employed on a Section 3 project, and
o Targeted Section 3 workers: 5% or more of the total number of labor hours worked by all workers employed on a Section 3 project of which is included as part of the 25% threshold in the previous bullet.
Failure of the Bidder/Proposer to agree to comply with the Section 3 requirements and reporting obligations shall be grounds for dete rmining the Bidder/Proposer non - responsive, and no further consideration for contract award shall be granted.
I declare under penalty of perjury under the laws of the State of California that we agree to comply with the Section 3 requirements as stated above.
Name of Contractor/Subcontractor Address
Print Name Title
Signature
Declaration of Intent to Comply with Section 3 Requirements Date
Rev. 9.1.21
434Exhibit 3
TO BE COMPLETED BY LOCAL CONTRACTING AGENCY STAFF
This business meets the following category:
□ 51% owned by low- or very low-income persons,
□ 75% of labor hours performed by Section 3 workers, or □ 51% currently owned and controlled by public housing or Section 8-assisted housing residents.
Approved by: (Print Name) Signature: Date:
Optional - Bidder may submit this form in proposal or awarded prime contractor may submit during construction phase.
SECTION 3 BUSINESS CONCERN CERTIFICATION
Business Name:
Address:
City/State/Zip Code:
Telephone Number: Email Address:
This business is a Section 3 business concern based on one of the following categories, as documented:
A. Business is 51% or more owned by low- or very low-income persons, (Attach a Section 3 Worker Certification(s) for each owner to this certification.) B. Over 75 percent (75%) of the labor hours performed for the business over the prior three-month period are performed by Section 3 workers, Provide the following information for the prior three-month period:
• Indicate total number of labor hours performed by Section 3 workers: Hours • Indicate total number of labor hours performed by all workers: Hours • Calculate the percentage of labor hours by Section 3 workers: % (Attach the Section 3 Worker Certifications and Section 3 Labor Hours Reports.) or
C. Business is 51% or more owned and controlled by current public housing residents or residents who currently live in Section 8-assisted housing.
(Attach proof of public housing or Section 8-assisted housing residence.)
(NOTE: FAILURE OF THE BUSINESS TO PROVIDE THE REQUIRED DOCUMENTATION AS NOTED ABOVE SHALL BE GROUNDS FOR THE LCA TO DETERMINE THE BUSINESS A NON-SECTION 3 BUSINESS CONCERN.)
I declare under penalty of perjury under the laws of the State of California that the information stated above is true and correct.
Signature Title Date
Section 3 Business Concern Certification Rev. 9.1.21
435Exhibit 3
Optional - Bidder may submit this form in proposal if bidder chooses to perform project announcement during the bidding period and provide proof of announcement in proposal, or awarded prime contractor may submit during construction phase.
QUALITATIVE EFFORTS FOR CONTRACTORS
☐ Engaged in outreach efforts to generate job applicants who are Targeted Section 3 workers.
Date of Outreach Effort Address of Outreach Effort
☐ Provided training or apprenticeship opportunities.
Date of Training Address of Training
☐ Provided technical assistance to help Section 3 workers compete for jobs (e.g., resume assistance, coaching).
Date of Technical Assistance Address of Technical Assistance
Provided or connected Section 3 workers with assistance in seeking employment including: drafting resumes, preparing for interviews, and finding job opportunities connecting residents to job placement services.
Date of Workers Assistance Address of Workers Assistance
☐ Held one or more job fairs.
Date of Job Fair Address of Job Fair
Provided or referred Section 3 workers to services supporting work readiness and retention (e.g., work readiness activities, interview clothing, test fees, transportation, childcare).
☐
☐
☐
436Exhibit 3
Date of Referral Type of Service Provided or Referred
☐ Provided assistance to apply for/or attend community college, a four-year educational institution, or vocational/technical training.
Date of Assistance Type of Educational Assistance Provided
☐ Assisted Section 3 workers to obtain financial literacy training and/or coaching.
Date of Assistance Type of Training/Coaching Provided
☐ Engaged in outreach efforts to identify and secure bids from Section 3 business concerns.
Date of Outreach Description of Outreach
☐ Provided technical assistance to help Section 3 business concerns understand and bid on contracts.
Date of Technical Assistance Name of Business Concern
☐ Divided contracts into smaller jobs to facilitate participation by Section 3 business concerns.
Name of Business Concern
☐ Provided bonding assistance, guaranties, or other efforts to support viable bids from Section 3 business concerns.
Name of Business Concern Description of Assistance
437Exhibit 3
Promoted use of business registries designed to create opportunities for disadvantaged and small businesses.
Date of Activity Name of Business Registry
☐ Outreach, engagement, or referrals with the state one-stop system as defined in Section 121(e)(2) of the Workforce Innovation and Opportunity Act 17.
Date of Activity Description of Activity
Other:
Date of Activity Description of Activity
☐
☐
438Exhibit 3
Required to be submitted in proposal
Exhibit 19
CONTRACTOR'S CERTIFICATE
REGARDING WORKERS’ COMPENSATION
Labor Code Section 3700
"Every employer except the state shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this state.
(b) By securing from the Director of Industrial Relations a certificate of conse nt to self -insure either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self - insure and to pay any compensation that may become due to his or her employees.
(c) For any county, city, city and county, municipal corporation, public district, public agency, or any political subdivision of the state, including each member of a pooling arrangement under a joint exercise of powers agreement (but not the state itself), by securing from the Director of Industrial Relations a certificate of consent to self -insure against workers' compensation claims, which certificate may be given upon furnishing proof satisfactory to the director of ability to administer workers' compensation claims properly, and to pay workers' compensation claims that may become due to its employees. On or before March 31, 1979, a political subdivision of the state which, on December 31, 1978, was uninsured for its liability to pay compensation, shall file a properly completed and executed application for a certificate of consent to self -insure ag ainst workers' compensation claims. The certificate shall be issued and be subject to the provisions of Section 3702.
For purposes of this section, "state" shall include the superior courts of California.”
I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for workers’ compensation or to undertake self -insurance in accordance with the provisions of that code, and I will comply with su ch provisions before commencing the performance of the work of this contract.
CONTRACTOR
By:
AUTHORIZED REPRESENTATIVE
TITLE
(In accordance with Article 5 {commencing at Section 1860}, Chapter 1, Part 7, Division 2, of the Labor Code, the above certificate must be signed and filed with the awarding body prior to performing any work under this contract.) 439Exhibit 3
EXHIBIT 20
FEDERAL WAGE DECISION
INCORPORATED INTO THE CONSTRUCTION CONTRACT AS PART OF THE BID
DOCUMENT TO BE PHYSICALLY ATTACHED TO ALL SUBCONTRACTS WITH THE HUD-4010 FEDERAL LABOR STANDARDS PROVISIONS
440Exhibit 3
DOL FEDERAL WAGE DETERMINATION
441Exhibit 3
"General Decision Number: CA20230022 02/10/2023
Superseded General Decision Number: CA20220022
State: California
Construction Types: Building, Heavy (Heavy and Dredging) and Highway
County: Los Angeles 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
Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.
Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60).
|If the contract is entered |. Executive Order 14026 |
|into on or after January 30, | generally applies to the | |2022, or the contract is | contract. |
|renewed or extended (e.g., an |. The contractor must pay | |option is exercised) on or | all covered workers at |
|after January 30, 2022: | least $16.20 per hour (or |
| | the applicable wage rate |
| | listed on this wage |
| | determination, if it is |
| | higher) for all hours |
| | spent performing on the |
| | contract in 2023. |
| | |
|If the contract was awarded on|. Executive Order 13658 | |or between January 1, 2015 and| generally applies to the | |January 29, 2022, and the | contract. |
|contract is not renewed or |. The contractor must pay all| |extended on or after January | covered workers at least | |30, 2022: | $12.15 per hour (or the |
| | applicable wage rate listed|
| | on this wage determination,|
| | if it is higher) for all |
| | hours spent performing on |
| | that contract in 2023. |
| | |
The applicable Executive Order minimum wage rate will be
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lication Date
adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a
conformance request.
Additional information on contractor requirements and worker protections under the Executive Orders is available at
http://www.dol.gov/whd/govcontracts.
Modification Number Pub
0 01/06/2023
1 01/13/2023
2 01/20/2023
3 02/10/2023
ASBE0005-002 07/04/2022
Rates Fringes
Asbestos Workers/Insulator
(Includes the application of
all insulating materials,
protective coverings,
coatings, and finishes to all
types of mechanical systems). ... $ 49.58
25.27 Fire Stop Technician
(Application of Firestopping
Materials for wall openings
and penetrations in walls,
floors, ceilings and curtain
walls)...........................$ 32.09 19.66
ASBE0005-004 07/04/2022
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). .. $ 23.52
13.37 BOIL0092-003 01/01/2021
Rates Fringes
BOILERMAKER. ..................... $ 46.03 38.81
file:///C/...neDrive%20-%20Michael%20Baker%20International/Desktop/DBA%20CA20230022%20Mod%203%20Dated%202-10-2023.txt[2/27/2023 1:28:24 PM] 443Exhibit 3
(journeyman)
2023-1 General prevailing wage determinations menu
2023-1 General prevailing wage apprentice determinations menu
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help you
today?
Director's General Prevailing
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-Site Hauling
Still have questions on prevailing wage?
March 2023
No residential and trainee wage rates will be used on this Project.
Applicable Locality: County of Los Angeles,
Southern California, and Statewide
444Exhibit 3
Addendum 3
Aquatics Center CMI RFP March 28, 2023
END OF ADDENDUM 03
445Exhibit 3
March 30, 2023
Proposal to Provide
Construction Management and Inspection Services
for the
FORD PARK AQUATICS CENTER
446Exhibit 4
1 960 E. Grand Avenue, Suite 300 | El Segundo, CA 90245 | 3 10.359.1 203 | www.ardurra.com March 30, 2023
City of Bell Gardens
Attn: Elizabeth Nava, Director of Recreation and Community Services 7100 Garfield Avenue
Bell Gardens, CA 90201
Subject: Pr oposal to Provide Construction Management and Inspection Services for the Ford Park Aquatics Center Dear Elizabeth Nava and Selection Committee Members:
Ardurra Group, Inc. (Ardurra) appreciates this opportunity to present a highly skilled group of professionals with precisely the technical knowledge, skills, and project experience required to undertake and successfully complete all aspects of the Ford Park Aquatics Center Project. This team is enthusiastically committed to helping the City achieve its vision of a modern, economically sustainable aquatic center that will benefit the well-being of and provide competitive opportunities to all members of the community for years to come. By selecting the Ardurra team, the City will obtain the following critical advantages:
A team offering a proven track record of assisting public agencies with the successful completion of leading aquatic facilities in Southern California. The experience gained from delivering these pool complexes will be of critical value to the City of Bell Gardens.
These municipal pool projects, of local and regional significance, continue to provide their end users with a host of year-round aquatic competitive and recreational activities. Among them are El Monte Aquatics Center, Santa Monica Swim Center, City of San Fernando’s Aquatic Center, City of Long Beach's Belmont Pool Phase 1 repairs as well as reconstruction and revitalization. An exceptionally qualified team. John Wolitarsky, CCM, Ardurra’s proposed construction manager, served as construction manager for the interim repairs to the City of Long Beach’s Belmont Pool, renovations to the El Monte Aquatics Center, new construction of the Santa Monica Swim Center and the San Fernando Aquatic Center, successfully guiding these complex projects valued at 30 million dollars to completion.
Successful delivery of aquatics and public works projects is what John has done for over three decades. A clear understanding of technical challenges unique to aquatic center projects. Swimming pool construction is very specialized and requires proven experience to avoid potential costly and sometimes irreversible pitfalls. Ardurra's proposed team is uniquely qualified and offers an enormous fund of knowledge about the intricate and complex issues specific to municipal pool projects. We invite your careful review of our project approach to some of these issues.
Ardurra has authorized Lisa Penna to sign this proposal and contractually bind the firm. We acknowledge receipt of Addendum 1 (dated March 16), Addendum 2 (dated March 20), and Addendum 3 (dated March 28). Signed addenda are attached in the appendix of this proposal.
We look forward to discussing the difference the Ardurra team can make for the City on this important project for the community of Bell Gardens.
Please feel free to contact us should you have any questions.
Respectfully submitted,
Lisa M. Penna, PE, F .ASCE, QSD D ino P . D’Emilia, PE, F .ASCE, QSD Vice President, Regional Director C alifornia Public Works Practice Director 3737 Birch Street, Suite 250, Newport Beach, CA 92660 1960 E . Grand Avenue, Suite 300, El Segundo, CA 90245 Cell: 949.922.2800 | Email: [email protected] C ell: 714.458.0703 | Email: [email protected] 447Exhibit 4
City of Bell Gardens | March 30, 2023
Ford Park Aquatics Center CM and Inspection
ii
TABLE OF CONTENTS
L etter of Transmittal ..................................................................... i T able of Contents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ii S ection 1 W ork Plan and Approach ................................................................. 1 S ection 2 K ey Personnel Background ............................................................... 24 S ection 3 A quatic Experience-References ........................................................... 64 S ection 4 O ther Experience-Firm References ........................................................ 71 S ection 5 S tandard Agreement Acknowledgment .................................................... 91 S ection 6 S chedule Control ....................................................................... 93 S ection 7 Manpo wer Allocations .................................................................. 95 S ection 8 Lawsuits .............................................................................. 96 Appendix A Requir ed Forms ....................................................................... A-1 – Acknowledgment of Addendum 1, dated March 16, 2023 ............................... A-3 – A cknowledgment of Addendum 2, dated March 20, 2023 ............................... A-4 – A cknowledgment of Addendum 3, dated March 28, 2023 ............................... A-5 – Exhibit 1: S ummary of Contract Provisions for Inclusion in the Notice Inviting Bids f or a Federally Funded Project .............................................. A-7 – Exhibit 2: HUD -4010 Federal Labor Standards Provisions ................................ A-9 – Exhibit 3: F ederal Equal Employment Opportunity/Affirmative Action Requirements ....... A-16 – Exhibit 4: C ontracting with Small Business, Minority Firms, Women’s Business Enterprise, and L abor Surplus Area Firms.............................................. A-27 – Exhibit 5: C ompliance with Clean Air and Water Acts................................... A-29 – Exhibit 6: P rime Contractor's List of Proposed Subcontractors ........................... A-31 – Exhibit 10: N on-Segregated Facilities Certification .................................... A-33 – Exhibit 11: P ast Performance Certification ........................................... A-35 – Exhibit 12: N otice of Equal Employment Opportunity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .A-37 – Exhibit 13: F ederal Lobbyist Certification ............................................ A-39 – Exhibit 14: C ounty Lobbyist Code Chapter 2.160, Co. Ordinance No. 93-0031 Certification ... A-41 – Exhibit 18: D eclaration of Intent to Comply with Section 3 Requirements ................. A-43 – Exhibit 19: C ontractor's Certificate Regarding Workers’ Compensation.................... A-45 *Fee Proposal is provided in a separate sealed envelope. 448Exhibit 4
SECTION 1
WORK PLAN AND APPROACH
449Exhibit 4
City of Bell Gardens | March 30, 2023
Ford Park Aquatics Center CM and Inspection
1 PROJECT UNDERSTANDING
Based on a thorough review of the Request for Proposal (RFP) dated March 2, 2023, as well as the plans and specifications for the Ford Park Aquatics Center, it is our understanding that the City wishes to retain an experienced aquatics construction management/inspection team capable of undertaking and successfully completing all aspects of this project.
The Bell Gardens Aquatics Center is located at 8000 Park Lane at John Anson Ford Park and was originally opened for public use in 1959. In its nearly six decades of use, the aquatics center has undergone few and minimal renovations. The current configuration of the existing building, pool, and supporting elements do not meet the criteria, nor are they flexible or efficient enough to support a modern municipal aquatics program. Due to maintenance and safety concerns, the City took the aquatics center out of operation in 2017, and it has been non-operational since that time. The existing building, which is slated for demolition, is comprised of showers, lockers, and restrooms and is a single-level structure on grade that also houses integral pool equipment and chemical storage areas.
It is the City’s intention to construct a new state-of-the-art aquatics facility to fully replace the one currently out of service. The new aquatics center will include a new building inclusive of administration offices, restrooms, locker and shower facilities, meeting rooms, a multi-purpose room for training, weight room, a new 50-meter pool, recreational pool with splash zone/water play area, therapeutic pool, along with limited site and parking lot improvements.
As the new project is funded by various federal, state and local agencies, inclusive of Community Development Block Grant (CDBG), as well as Proposition 68 funds, and is subject to the Build America, Buy America Act requirements, it will be imperative that the selected consultant provide expertise to safeguard all project funding and abide by all established funding source requirements, and to assist with mitigating impacts that result from these requirements.
The current estimated probable cost of construction is $18 to $20 million with an anticipated construction duration of 21 months (18 months of construction and 3 months of post construction.) The City has retained RJM Design Group to design the new aquatics facility, and Jones and Madhavan has designed the new swimming pools and corresponding features and amenities.
Ardurra is uniquely qualified to provide CM/Inspection and related services for this project based on the following facts:
1 WORK PLAN
AND APPROACH
Existing Pool and Locker Room Facility
Looking West
450Exhibit 4
City of Bell Gardens | March 30, 2023
Ford Park Aquatics Center CM and Inspection
2 Work Plan and Approach
Ardurra’s proposed construction manager is a CCM who has experience and a proven track record of delivering similar aquatic projects.
Ardurra has teamed up with a group of professionals who have worked together on previous projects and who will ensure that all components of this project as defined in the RFP are covered.
Ardurra has worked effectively with RJM Design Group and Jones and Madhavan on other important aquatic projects with great success.
Ardurra’s El Segundo office is in close geographic proximity to Ford Park and will enable us to respond quickly if additional resources are required on site. Knowing the importance of scheduling, Ardurra is teaming with a consultant specializing in schedule review who will focus on the critical path of the baseline schedule and alert the team to any deviations that may need to be mitigated to comply with the approved schedule.
Based on our review of the RFP , plans and specifications, as well as our decades of experience with aquatics facilities, we have prepared a Risk Register on the following page that identifies potential critical issues and how they can be mitigated.
SCOPE OF SERVICES
Ardurra has assembled a highly experienced and knowledgeable team of proven professionals that have worked on projects similar in scope and size. With the expertise of this team, we will provide the City with strong support, effective guidance, and include all the services requested and defined in the RFP as follows:
Pre-Bid Phase
Provide a comprehensive bidability, constructability review of the plans and specifications.
Constructability review specific to building envelope water intrusion protection systems for roofing, air/water barriers, curtain walls and storefronts. Review plans and prepare a probable cost of construction taking into account current construction costs.
Assist the City with contractor prequalification process.
Bid Phase
Monitor and document that all funding requirements are included in the bid documents. Establish public outreach plan.
Assist the City with required bid advertising.
Attend bid opening and prepare excel matrix reflecting bid results. Check references of apparent low bidder.
Pre-Construction Support Services
Assist the City in preparing the agreement with the selected contractor. Monitor and document that all documents for funding agencies have been signed. Schedule pre-construction meeting and prepare agenda. Review/approve schedule of values.
Review/approve baseline schedule.
Issue Notice to Proceed
Existing Aquatics Center Project Sign
Our close proximity to
Ford Park enables our
team to respond quickly if
additional resources are
required on site
451Exhibit 4
City of Bell Gardens | March 30, 2023
Ford Park Aquatics Center CM and Inspection
3 Work Plan and Approach
CONSTRUCTION MANAGER'S IDENTIFICATION OF PROJECT RISKS & APPROACH TO MITIGATE THESE RISKS / MINIMIZE IMPACTS TO THE PROJECT
RISK IDENTIFICATION RISK MITIGATION
RISK
ID RISK NAME RISK DESCRIPTION GOOD IDEAS/MITIGATION MEASURES 1 Concrete Pool Shell and Lining
Installation Tolerances and Controls
Each governing body, whether high school, NCAA, or FINA (Federation Internationale de Natation), has very specific guidelines about pool depths and precise lane dimensions.
Coordinate and implement precise surveys prior to shotcrete of the pool shell, and again before the plastering of the pool, to monitor and document that the shell and linings are within tolerances. The margin of error on these measurements is minute, so survey data, workmanship and quality control is critical. 2 Pool Water Heaters Regulation of pool water temperature for both recreational and competitive use is typically required year-round in outdoor pools.
The pool must be equipped with the most efficient heaters available. In the case of this project, it appears that heating capability (measured in British Thermal Units, or BTUs) of the proposed heaters will be adequate. 3 Pool Plastering On any 50-meter pool, the plastering is a very complex and significant component. All plastering must be completed in a single day, a process that requires advance planning for the coordination of the multiple subcontractors required for this purpose. In addition, water must be introduced into the pool immediately after plastering is complete for proper curing.
Coordinate and implement advanced coordination with the water purveyor and Fire Department for dedicated use fire hydrants to rapidly fill the pool. Unless submerged in water, the plaster will not cure properly, and the result will be an unacceptable final product. A pool this size will hold approximately 1 million gallons of water. Based on the Ardurra team’s experience, this will require at least two separate hydrants to fill the pools in an acceptable time frame. 4 LA County Health Approvals The Los Angeles County Health Department is the agency that monitors, permits and approves municipal swimming pool projects.
Frequent communication, positive rapport, and proactive advance coordination for inspection purposes will be vital to the project during construction and for the final sign-off. Having worked with the Health Department on the successful delivery of swimming pool projects, the Ardurra team is well aware of what must be done to keep the Health Department apprised and when during the course of construction, they wish to be onsite for inspection. 5 Filtration System The filtration system is also an item of extreme importance. The systems currently used in the design of municipal pools have state-of-the-art technology to monitor the chemical balances of the water. Most are so advanced that agencies retain outside vendors to maintain their swimming pools. Injections of chlorine, hypochlorite and chemicals can be performed remotely using a laptop. The sophistication of these systems does not make it practical for agencies to have staff trained in these practices. Failure to maintain the correct chemical balance can quickly cause damage, erode, and shorten the life span of the plumbing and mechanical systems.
Coordinate and confirm that the City is made aware of the costs for the required outside services and that proactive implementation of adequate training is provided to City staff to achieve the requisite understanding of the system, its operating features and regular maintenance requirements. 6 Long-Term Maintenance This is a factor that many public agencies don’t consider until late in the construction phase of capital projects, especially pools.
They are often shocked at the annual cost of operating and maintaining a municipal aquatics center. It will be important from the outset to assist the City to develop a full understanding of realistic long-term maintenance costs so that it can budget accordingly. The costs for natural gas for heating, chemicals, chlorine, water, outside maintenance monitoring, staff to run programs, and general maintenance can be substantial.
Coordinate and confirm that the City is informed of these costs, assist as applicable to obtain additional information as necessary, especially for determining user rates and programming to offset the operating expenses. 7 Infiltration Cistern Project To the west of this project, there is an ongoing infiltration cistern project that is scheduled to be completed by the Summer of 2023.
Monitor construction progress of this adjacent project and, should it be delayed, coordinate construction traffic and other potential issues that may impact the Ford Park Aquatics Center project. 8 Maintaining Operations of City of
Bell Gardens Recreation Services
Department
The City of Bell Gardens Recreation Services Department is located adjacent to the new Ford Park Aquatics Center project and will remain open during construction.
Implement weekly coordination with Recreation staff to coordinate project updates and upcoming activities, and to minimize impacts to staff and the public.
9 Adjacent Neighborhood Along Scout Avenue there are existing single-family and multi-family homes that may be impacted by construction activities. Develop and implement a proactive public outreach program to inform neighbors of ongoing construction activities and work with the contractor to provide dust control and minimize construction impacts to the neighborhood.
RISK REGISTER
452Exhibit 4
City of Bell Gardens | March 30, 2023
Ford Park Aquatics Center CM and Inspection
4 Work Plan and Approach
CONSTRUCTION MANAGER'S IDENTIFICATION OF PROJECT RISKS & APPROACH TO MITIGATE THESE RISKS / MINIMIZE IMPACTS TO THE PROJECT
RISK IDENTIFICATION RISK MITIGATION
RISK
ID RISK NAME RISK DESCRIPTION GOOD IDEAS/MITIGATION MEASURES 10 CDBG Funding / Build America,
Buy America (BABA) Requirements
Recent BABA provisions have the potential to substantially impact the project's cost and schedule. Work closely with and assist the City as needed to process documentation for BABA waivers where feasible, pursuant to HUD General Counsel Guidance. Where waivers are not feasible, work with the project team to implement the least impacting options for product identification and specification language to inform bidders on compliance requirements. 11 Challenges with Low Bid
Contractors, Claims Avoidance
and/or Resolution
The design-bid-build market is fraught with contractors and subcontractors that become over-extended due to engaging on projects outside their core competency, winning more projects that strain their available resources and/or those that operate with a "claims oriented" culture. Recent impacts from the COVID-19 pandemic, construction supply chain challenges and extraordinary cost escalation has only exacerbated the potential risk of implementing public projects using this traditional industry method.
y Closely monitor key contractor performance indicators for typical red flags. y Inform the City and provide timely and prudent recommendations for addressing project issues in the City's and Project's best interest, always in a timely manner.
y Diligently document potential claims on a real-time basis. Process change orders timely, use unilateral change orders for City's acknowledged undisputed additional costs and time if contractor unreasonably refuses to sign change instruments. y Prepare independent cost estimates and time impact analyses to support and document change order negotiations. y Engage surety early if red flag indicators point to potential contractor default. y Implement time-tested strategies for claims avoidance and/or claims resolution. 12 Long Lead Procurements/
Supply Chain Issues
The mishandling of long lead procurement can result in substantial delays to the project. y Implement time-tested and proactive approach for managing long lead procurements. y Clearly identify project elements that will require long lead procurement strategies in the Construction Documents. y Implement procurement by the City (Owner Furnished, Contractor Installed – OFCI) if necessary for specific components to achieve desired completion schedule.
y Consider utilizing a “Limited/Administrative Notice to Proceed” (LNTP) for advanced procurement, time critical permit processing and other critical startup activities, prior to starting the construction time clock. y Continuously monitor progress of long lead items through the submittal, procurement and delivery process until successfully received on or ahead of schedule.
y Use information gathered on any potential procurement/delivery delays to adjust scheduling milestones to the Project's best interests.
13 Potential Corrosion Mitigation Per the project soils report, there does not appear to be any substantial corrosion concerns at the site. However, the soils engineer qualified its recommendations indicating that it does not have expertise in corrosion engineering and recommended the City obtain advice from a corrosion consulting engineer. y Confirm whether or not the City obtained advice from a corrosion engineer, and if so, that such advice was incorporated into the construction documents.
y If no such advice was obtained, assist with obtaining additional advice and incorporating recommendations into the construction documents, if deemed necessary.
RISK REGISTER (cont'd)
453Exhibit 4
City of Bell Gardens | March 30, 2023
Ford Park Aquatics Center CM and Inspection
5 Work Plan and Approach
Construction Phase
Provide construction management services from a credentialed CCM with 10 years of experience.
Provide full-time inspection services in order to monitor daily progress and prepare daily inspection reports, as well as required testing coordination, ensuring strict adherence to the project plans and specifications, and provide ongoing QA/QC. Implement Procore as a web-based CMIS for team collaboration and real-time access to all project-related documents.
Assign a team member specifically dedicated to monthly baseline construction schedule review as well as look-ahead schedule and report findings to all parties. Provide document controls to track ongoing project correspondence, RFIs, submittals and all project-related documents.
Provide geotechnical and material testing services as required and file reports. Provide deputy inspection for any required special inspection. Provide ongoing/as-needed labor compliance to comply with all funding agencies' requirements.
Provide special inspection for all building envelope water intrusion protection systems. Establish a comprehensive public outreach plan and ensure compliance. Provide licensed surveyor in order to verify contractor construction staking, monument establishment preservation or replacement and overall Q/A for all contractor surveying. Deploy and maintain 6 site web cameras for real-time monitoring of construction operations and progress and deliver a time-lapse video presentation of the project.
POTENTIAL CONSTRUCTION CHALLENGES
Adjacent Properties: The future Ford Park Aquatics Center is currently surrounded by the greater John Anson Ford Park, which includes numerous amenities to park patrons.
In addition, both single-family and multi-family homes lie to the north of the proposed project. Given the close proximity of adjacent properties as well as the existing park, it will be imperative to incorporate a public relations strategy to keep all affected parties well informed of activities throughout the course of the project. During grading operations and throughout the course of construction, dust control measures will be required and strict enforcement maintained.
Given the high level use at Ford Park, the ingress and egress of construction vehicles will be evaluated and located in the safest area. Traffic control requirements will be determined and strictly enforced throughout the construction phase.
Prequalification Process: Ardurra's CM team is well-versed at conducting public bid prequalification processes. The team will blend the City’s RFQ process with the Labor Commissioner’s Model Questionnaire in order to conduct a prequalification process for the project that complies with Public Contract Code Section 20101. Ardurra can also utilize recent examples of prequalification processes implemented on other public agency projects.
Ardurra will also assist the City to recruit well qualified bidders to participate in the prequalification process.
Existing Neighborhood along Scout Avenue
Ford Park
454Exhibit 4
City of Bell Gardens | March 30, 2023
Ford Park Aquatics Center CM and Inspection
6 Work Plan and Approach
Safety: First and foremost, Ardurra always considers safety the most important issue on any construction project. Ardurra managers and inspectors are at a minimum 10-hour OSHA- certified. Our team will recommend key safety provisions to require the contractor to have competent safety personnel and site-specific safety programs employed on the project at all times and will monitor the contractor’s operations for compliance with the project safety requirements and requisite provisions of state and federal law.
Public Relations: The Ardurra team is empathetic to the motorists, residents, and businesses that are affected by construction operations, and we are well versed at mitigating such impacts throughout the construction process. We take a proactive approach to reach out to the public, resulting in the successful completion of public works improvement projects in close proximity to adjacent property owners. Strict adherence to allowable working hours, and noise and dust control requirements will be imperative to minimize impacts. The project team will intensify and continue the public relations effort as the start of construction nears and throughout the duration of the project.
The CM/Inspection team will work with City staff on day-to-day public relations issues; however, a more comprehensive and elaborate optional public outreach program is available if required by the City and can include the following:
1. Project Management
– Management and Monthly Progress Reports
– Create Public Outreach Plan
– Kickoff Meeting
– Communication and Coordination Virtual Meetings
– Quality Control
2. Public Outreach Materials Development
– Develop project educational materials as defined on the Public Outreach Plan and as needed throughout the project. This could include webpage content, printed flyers, fact sheets, FAQs, newsletter articles, bill inserts, social media graphics and posts, PowerPoint presentation, etc.
3. Construction Engagement and Support
– Assist the construction site public relations including, but not limited to, documenting and assisting with responses to public inquiries. Provide support as needed to serve as a liaison with impacted homeowners, businesses, schools, community/planning groups and other key stakeholders during the construction period. This includes Ardurra's creation of an interactive web map (using Google MyMaps), preparation of up to three notification mailers (distributed by the client), design door hangers for contractor to distribute, creation of road signs or banners (to be hung by the contractor) and social media (to be posted by the client). – Optional planning of one pop-up/info tent event as needed to communicate with neighbors and answer their questions. This event can be virtual as well. Prepare messaging, graphics and posters (or PowerPoint if virtual) for event.
4. Video Development
– Infographic Educational Video – Produce one infographic/animation educational video, up to approximately 2 minutes in length, to use in presentation meetings Example event flyer prepared by Ardurra's
Community Relations group
455Exhibit 4
City of Bell Gardens | March 30, 2023
Ford Park Aquatics Center CM and Inspection
7 Work Plan and Approach
and on the project webpage and on social media. Scope of work includes drafting script and voiceover talent.
5. Groundbreaking Support
– Support planning and implementation of groundbreaking event. Efforts can include assistance with invitation (prepare copy and design digital invitation (assumes client will produce hard copies if needed to distribute); event signs (prepare copy and graphically design to highlight key messages); design and produce banners (production and purchase); event planning and coordination (prepare agenda and speaker talking points, and coordinate location, logistics, set up, AV, etc). The cost of AV and rentals, tent/chairs etc, and refreshments to be provided by client or by Ardurra per the as-needed line item. Event set up and two Ardurra support staff to manage and help event set up and support groundbreaking (assumes client staff will provide event-day assistance); prepare media advisory and press release (client to distribute).
6. End of Construction Celebration/Ribbon Cutting
– Support planning and implementation of an end of project celebration for a ribbon cutting event. Efforts can include assistance with invitation (prepare copy and design digital invitation (assumes client will produce hard copies if needed to distribute); event signs (prepare copy and graphically design to highlight key messages); design and produce banners (production and purchase); event planning and coordination (prepare agenda and speaker talking points, and coordinate location, logistics, set up, AV, etc).
Protocol and Communication: Timely and concise communications are essential to the successful completion of any construction project. Protocol will be determined as appropriate for this project and maintained for the project duration. Communications and correspondence will be handled in a professional and respectful manner. Ardurra equips its CM team with the state-of-the-art in electronic management hardware and software, such that electronic documentation is utilized for as
much of the required documentation as possible.
The Ardurra CM team is well-versed in serving
as the primary project contact, acting as the hub
of communication with timely distribution of
requisite correspondence and documentation
to all respective stakeholders as applicable. In
addition to time-tested and efficient construction
administration and project controls procedures,
documents, and programs, Ardurra offers the
power of Procore, a web-based collaboration tool
designed to streamline workflow. Procore is a
widely used cloud-based construction software
program that maximizes the efficiency of
managing construction projects while connecting
project participants to critical project documents
and real-time project data.
Example screenshots of the web-based collaboration tool Procore providing streamlined workflow with real-time project data Briefing at Alga Norte Community Park
Grand Opening
456Exhibit 4
City of Bell Gardens | March 30, 2023
Ford Park Aquatics Center CM and Inspection
8 Work Plan and Approach
Quality Assurance/Quality Control (QA/QC) Management Process: Ardurra’s construction management quality assurance and quality control process starts with standardization of successful procedures. All projects utilize Ardurra’s standardized project electronic filing system, which is mirrored with a binder-based hard copy indexed system. Ardurra’s electronic filing system is a cloud-based system accessible real-time to all Ardurra project team members as well as its client as requested. Daily, weekly, and periodic correspondence, logs and reports are regularly reviewed for accuracy, up-to-date maintenance, aging, and escalation of issues, appropriateness, potential changes and/ or claims and contract compliance. Ardurra CM and inspection staff are equipped with the latest computer, software, smart phone, and internet field connectivity devices. Additionally, Ardurra provides its staff with all required tools, standards, and equipment. Ardurra employs both in-house and outsourced IT support services that continuously monitor and maintain its technology systems. Ardurra also offers its employees excellent benefits, encourages, and compensates for continuous education, resulting in a loyal team of professionals with longevity of service that are on top the latest industry trends. Ardurra will monitor the project and tailor QA/QC requirements specific to this project.
Temporary and Permanent Utilities: Early and continuous coordination with utilities is imperative to ensure timely availability of temporary and permanent services. Ardurra has extensive experience assisting contractors in dealing with local utilities on complex utility coordination projects for other agencies as well as for utility agencies directly.
Storm Water Pollution Prevention Plan (SWPPP): Bidders should be clearly apprised of the minimum requirements to mitigate stormwater during each phase of construction. It is recommended that a SWPPP be included in the bid package with corresponding separate bid items. The Ardurra team is well-versed at verifying best management practices (BMP) and monitoring establishment, maintenance, and modification of SWPPP measures on complex multi-phase projects. Additionally, the Ardurra team has acted as the data submitter for several local agencies, and implemented the Notice of Intent (NOI) application, uploading of various reports, and processing of the Notice of Termination (NOT).
Availability of Suitable Import: Significant delays can occur if suitable import material is not found within a reasonable distance from the site. The specifications should be clear on the minimum radius from which the contractor should be required to import soils.
Depending on the criteria of the soils report, screening or other processing requirements should be stipulated in the bid documents should local material not be required. Minimum documentation requirements should also be detailed to qualify a contractor’s request for additional, non-compensable delay days if the availability of soils is purported to impact the schedule. The Ardurra CM team has extensive experience expediting suitable soils for earthwork operations on public projects.
Schedule: The ability of the construction manager to monitor, track and control the contractor rests largely on the adequacy of the specifications and schedule requirements set forth to the contractor. Ardurra will recommend time tested language for incorporation into the bid documents to establish useful and fair scheduling requirements to keep a proactive look-ahead tool for the project.
Additionally, these requirements will include provisions to establish clear procedures for addressing only legitimate impacts to project time, thereby minimizing the need for delay related change orders, disputes, and their resulting costs. Ardurra CM staff work proactively Existing Pool Looking East
457Exhibit 4
City of Bell Gardens | March 30, 2023
Ford Park Aquatics Center CM and Inspection
9 Work Plan and Approach
and cooperatively with contractors on a weekly basis to review and coordinate upcoming activities, drilling down on each activity to identify key quality assurance, safety, pedestrian control, submittals and/or documentation requirements
necessary to successfully implement upcoming activities.
Given the high importance of the baseline schedule, Ardurra recommends and has included a subconsultant whose attention will be focused solely on review and oversight of the monthly baseline construction schedule as well as the submitted weekly look ahead schedules.
Substitutions and Submittals: Timely procurement of
materials and equipment for any building construction project is imperative. By submitting its bid, the contractor is indicating it can successfully procure and construct the necessary components within the allotted time. Ardurra will recommend provisions to be added to the specifications to require that the contractor clearly identifies required lead times for all components of the project through a detailed, subsection by subsection submittal log, tied to the critical path schedule. Ardurra CM staff will assist the City to continuously monitor that the contractor submits each item in a timely manner and that the review and approval of each item is not unnecessarily delayed by the City and/or A/E review process. Responses will be clearly documented to note the contractor’s failure to meet specification requirements, thereby maintaining the contractor’s responsibility to meet the contract completion deadline. Any substitution requests will only be processed for consideration if the item is considered equal or a substantial savings can be identified with little or no degradation to the quality or function intended for the specified item.
Requests for Information (RFI): Ardurra will receive review, expedite, and process responses to contractor RFIs. Contractors typically utilize the RFI process to initiate changes on construction contracts. Ardurra staff reviews all RFIs and clearly documents those responses, clarifying that no additional cost or time will be considered. Should a response to an RFI appear to potentially impact cost or time, Ardurra will identify and recommend implementation of the most best cost and quality alternative to the City and expedite implementation with the contractor.
Contractor’ s Representation: Consistent and competent representation by the contractor is a key factor in the successful completion of any building project. The public works industry in Southern California is a haven for contractors who act as brokers, constructing projects using a small management staff and all else by subcontractors. While some are successful at this approach, the contractor’s ability to maintain quality control is substantially lower in a low bid environment. Ardurra will recommend clear and specific requirements for inclusion into the bid documents to establish: 1) the minimum percentage of work required to be performed by the prime contractor; 2) documentation requirements for verification of the amount of work to be subcontracted; 3) requirements for the contractor’s full-time project management, safety officer and superintendence throughout the project; and 4) minimum qualifications for the contractor’s project manager, safety officer and superintendent.
Ardurra CM staff work proactively and cooperatively with contractor staff to monitor proper supervision during construction operations.
Activity ID Activity Name Original
Duration
Actual
Duration
Remaining
Duration
Start Finish Actual Start Actual Finish To ta l
Float
Redondo Beach Transit Project - Schedule Update #08Redondo Beach Transit Project - Schedule Update #08Redondo Beach Transit Project - Schedule Update #08Redondo Beach Transit Project - Schedule Update #08Redondo Beach Transit Project - Schedule Update #08Redondo Beach Transit Project - Schedule Update #08Redondo Beach Transit Project - Schedule Update #08Redondo Beach Transit Project - Schedule Update #08Redondo Beach Transit Project - Schedule Update #08Redondo Beach Transit Project - Schedule Update #08 MilestonesMilestonesMilestonesMilestonesMilestonesMilestonesMilestonesMilestonesMilestonesMilestones RBTC1010 Notice to Proceed 0 0 0 05-Oct-20 A 05-Oct-20
RBTC1060 Demo Permit Issued (Clearance on Abatement by Other Contractor hired by City) 0 0 0 07-Oct-20 A 07-Oct-20 RBTC1050 Phase 2 Completion - Kingsdale Ave Widening 0 0 0 22-May-22* -112 RBTC1020 Substantial Completion (COR 02 + 30 CD) (COR 04 + 32 CD) 0 0 0 28-May-22* -118 RBTC1040 Phase 1 Completion - Building and Site 0 0 0 28-May-22* -118 RBTC1030 Contract Completion (COR 02 + 30 CD) (COR 04 + 32 CD) 0 0 0 27-Jun-22* -118 Summary ActivitiesSummary ActivitiesSummary ActivitiesSummary ActivitiesSummary ActivitiesSummary ActivitiesSummary ActivitiesSummary ActivitiesSummary ActivitiesSummary Activities RBTC2010 Site Demolition 31 124 0 12-Oct-20 A 12-Feb-21 A 12-Oct-20 12-Feb-21 RBTC2030 Site Construction 169 390 109 07-Dec-20 A 19-Apr-22 07-Dec-20 -104 RBTC2020 Building Construction 272 353 70 13-Jan-21 A 11-Mar-22 13-Jan-21 -142 RBTC2050 Kingsdale Ave (Blackout Dates Nov 22nd through Jan 5th) 68 0 68 16-Mar-22 22-May-22 -112 RBTC2040 Closeout 24 0 24 29-May-22 21-Jun-22 -112
PermitsPermitsPermitsPermitsPermitsPermitsPermitsPermitsPermitsPermits A1030 Permit for Grading 0 0 0 11-Oct-20 A 11-Oct-20
A1000 Permit for CMU Retaining Wall 0 0 0 11-Oct-20 A 11-Oct-20 A1040 Permit for Demo 0 0 0 12-Oct-20 A 12-Oct-20
A1020 Permit for Shoring 0 0 0 12-Oct-20 A 12-Oct-20
A1050 Permit for Light Pole Bases 0 0 0 25-Oct-20 A 25-Oct-20 A1060 Permit for Electrical at Light Poles 0 0 0 25-Oct-20 A 25-Oct-20 A1010 Permit for Building 0 0 0 18-Nov-20 A 18-Nov-20
SubmittalsSubmittalsSubmittalsSubmittalsSubmittalsSubmittalsSubmittalsSubmittalsSubmittalsSubmittals
02.2600 - Shoring02.2600 - Shoring02.2600 - Shoring02.2600 - Shoring02.2600 - Shoring02.2600 - Shoring02.2600 - Shoring02.2600 - Shoring02.2600 - Shoring02.2600 - Shoring RBTC7600 Prepare & Submit - Shoring Design (02.2600) 5 1 0 05-Oct-20 A 05-Oct-20 A 05-Oct-20 05-Oct-20 RBTC7610 Review & Approve - Shoring Design (02.2600) 14 1 0 05-Oct-20 A 05-Oct-20 A 05-Oct-20 05-Oct-20 RBTC7660 Prepare & Submit - Shoring Design to Building and Safety RB (02.2600) 5 1 0 05-Oct-20 A 05-Oct-20 A 05-Oct-20 05-Oct-20 RBTC7670 Review & Approve - Shoring Design by Building and Safety RB (02.2600) 7 8 0 05-Oct-20 A 12-Oct-20 A 05-Oct-20 12-Oct-20
04.2000 - Unit Masonry04.2000 - Unit Masonry04.2000 - Unit Masonry04.2000 - Unit Masonry04.2000 - Unit Masonry04.2000 - Unit Masonry04.2000 - Unit Masonry04.2000 - Unit Masonry04.2000 - Unit Masonry04.2000 - Unit Masonry RBTC3030 Prepare & Submit - Unit Masonry (04.2000) 30 17 0 01-Sep-20 A 17-Sep-20 A 01-Sep-20 17-Sep-20 RBTC3040 Review & Approve - Unit Masonry (04.2000) 14 9 0 17-Sep-20 A 25-Sep-20 A 17-Sep-20 25-Sep-20 RBTC3050 Procure & Deliver - Unit Masonry (04.2000) 15 26 0 04-Jan-21 A 29-Jan-21 A 04-Jan-21 29-Jan-21
05.5000 - Metal Fabrications05.5000 - Metal Fabrications05.5000 - Metal Fabrications05.5000 - Metal Fabrications05.5000 - Metal Fabrications05.5000 - Metal Fabrications05.5000 - Metal Fabrications05.5000 - Metal Fabrications05.5000 - Metal Fabrications05.5000 - Metal Fabrications RBTC3060 Prepare & Submit - Metal Fabrications (05.5000) 35 33 0 05-Oct-20 A 06-Nov-20 A 05-Oct-20 06-Nov-20 RBTC3070 Review & Approve - Metal Fabrications (05.5000) 14 137 0 06-Nov-20 A 22-Mar-21 A 06-Nov-20 22-Mar-21 RBTC3080 Procure & Deliver - Metal Fabrications (05.5000) 20 18 0 23-Mar-21 A 09-Apr-21 A 23-Mar-21 09-Apr-21
05.7000 - Decorative Metal05.7000 - Decorative Metal05.7000 - Decorative Metal05.7000 - Decorative Metal05.7000 - Decorative Metal05.7000 - Decorative Metal05.7000 - Decorative Metal05.7000 - Decorative Metal05.7000 - Decorative Metal05.7000 - Decorative Metal RBTC3090 Prepare & Submit - Decorative Metal (05.700) 60 32 0 05-Oct-20 A 05-Nov-20 A 05-Oct-20 05-Nov-20 RBTC3100 Review & Markup - Decorative Metal (05.700) 14 13 0 05-Nov-20 A 17-Nov-20 A 05-Nov-20 17-Nov-20 RBTC3120 Revise & Resubmit - Decorative Metal (05.700) 5 58 0 18-Nov-20 A 14-Jan-21 A 18-Nov-20 14-Jan-21 RBTC3130 Review & Markup - Decorative Metal (05.700) BULLETIN 23R & 71 14 60 0 15-Jan-21 A 15-Mar-21 A 15-Jan-21 15-Mar-21 RBTC3140 Revise & Resubmit - Decorative Metal (05.700) BULLETIN 23R & 71 10 15 0 16-Mar-21 A 30-Mar-21 A 16-Mar-21 30-Mar-21 RBTC3150 Review & Markup - Decorative Metal (05.700) BULLETIN 23R & 71 14 49 0 31-Mar-21 A 18-May-21 A 31-Mar-21 18-May-21 RBTC3160 Revise & Resubmit - Decorative Metal (05.700) BULLETIN 23R & 71 10 93 0 19-May-21 A 19-Aug-21 A 19-May-21 19-Aug-21 RBTC3170 Review & Approve - Decorative Metal (05.700) BULLETIN 23R & 71 14 134 1 20-Aug-21 A 01-Jan-22 20-Aug-21 -84 RBTC3110 Procure & Deliver - Decorative Metal (05.700) BULLETIN 23R & 71 60 0 60 02-Jan-22 02-Mar-22 -84
J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D 2021 2022 2023
27-Jun-22, Redondo Beach T ransit Project - Schedule Update #08 27-Jun-22, Milestones
Demo Permit Issued (Clearance on Abatement by Other Contractor hired by City) Phase 2 Completion - Kingsdale Ave Widening
Substantial Completion (COR 02 + 30 CD) (COR 04 + 32 CD) Phase 1 Completion - Building and Site
Contract Completion (COR 02 + 30 CD) (COR 04 + 32 CD)
21-Jun-22, Summary Activities
Site Demolition
Site Construction
Building Construction
Kingsdale Ave (Blackout Dates Nov 22nd through Jan 5th) Closeout
Permit for CMU Retaining Wall
Permit for Light Pole Bases
Permit for Electrical at Light Poles
08-Mar-22, Submittals
12-Oct-20 A, 02.2600 - Shoring
Prepare & Submit - Shoring Design (02.2600)
Review & Approve - Shoring Design (02.2600)
Prepare & Submit - Shoring Design to Building and Safety RB (02.2600) Review & Approve - Shoring Design by Building and Safety RB (02.2600) 29-Jan-21 A, 04.2000 - Unit Masonry
Prepare & Submit - Unit Masonry (04.2000)
Review & Approve - Unit Masonry (04.2000)
Procure & Deliver - Unit Masonry (04.2000)
09-Apr-21 A, 05.5000 - Metal Fabrications
Prepare & Submit - Metal Fabrications (05.5000)
Review & Approve - Metal Fabrications (05.5000)
Procure & Deliver - Metal Fabrications (05.5000)
02-Mar-22, 05.7000 - Decorative Metal
Prepare & Submit - Decorative Metal (05.700)
Review & Markup - Decorative Metal (05.700)
Revise & Resubmit - Decorative Metal (05.700)
Review & Markup - Decorative Metal (05.700) BULLETIN 23R & 71 Revise & Resubmit - Decorative Metal (05.700) BULLETIN 23R & 71 Review & Markup - Decorative Metal (05.700) BULLETIN 23R & 71 Revise & Resubmit - Decorative Metal (05.700) BULLETIN 23R & 71 Review & Approve - Decorative Metal (05.700) BULLETIN 23R & 71 Procure & Deliver - Decorative Metal (05.700) BULLETIN 23R & 71 Redondo Beach Transit Project - Schedule Update #08 RBTC - Update Layout_1 17-Jan-22 12:26 Actual Work
Remaining Work
Critical Remaining Work
Milestone
Summary Page 1 of 14 TASK filter: All Activities
© Oracle Corporation
Our construction manager, along with our team member HLCM, are experts at monitoring schedule requirements.
Given the high importance
of the baseline schedule,
Ardurra recommends
and has included a
subconsultant whose
attention will be focused
solely on review and
oversight of the monthly
baseline construction
schedule as well as the
submitted weekly look
ahead schedules.
458Exhibit 4
City of Bell Gardens | March 30, 2023
Ford Park Aquatics Center CM and Inspection
10 Work Plan and Approach
Change Management/Claims Resolution: Ardurra will implement its time-tested claims management process to minimize changes to the project and avoid claims such that the project can be quickly and successfully closed out. The basis for Ardurra procedures is a well-organized documentation system, a keen understanding of the construction process, exceptionally qualified staff, and fair and firm negotiations. The Ardurra CM team will not defer difficult issues and will process only change issues that have been analyzed and determined to have merit. Those items will only be recommended for consideration when the most reasonable cost and time have been negotiated and all alternatives to avoid the impact have been exhausted and/or resolved.
Contracts for Public Works Inspection: For contracts involving public works inspection services, Ardurra requires the awarding public agency to complete DIR form PWC-100 solely for Ardurra Group, Inc. as the Prime Contractor specific to the awarded contract name and amount.
APPROACH
The Ardurra construction management and inspection approach and methodology are designed to safely deliver a high-quality project, on time and within budget. The firm uses proven methods for performing the multitude of tasks that dictate the success of a construction project. The Ardurra team fosters productive collaboration and cooperation among all stakeholders, from the contractor to local businesses to residents. Potential challenges are proactively identified and addressed before they become significant budget issues and schedule delays. CM and inspection services are delivered by proven professionals with solid track records of success. By utilizing Ardurra, clients are kept informed on a real-time basis and know that Ardurra’s guiding principal is to always act in its client's best interest.
PRE-BID PHASE
Bidability/Constructability: The Ardurra CM team has extensive experience optimizing project bid documents for public agencies. Conducting a bidability/constructability review of construction bid documents typically results in savings substantially exceeding the cost of the review services. Public bid documents consist of many separate sections, plans, permits, and reference standards. Ardurra is very well-versed in reviewing public bid documents to identify potential conflicts, omissions and/or recommendations for alternative methods or products to achieve similar to better results at equivalent or less cost. The Ardurra constructability/ bidability review methodology is further detailed in the scope of services section below. Constructability Review of Bid Documents
Constructability reviews will be conducted as directed by the City. A punch list of comments and recommendations will be submitted to the City for consideration and implementation with the project architect.
The CM team will review the plans for bidability and constructability and identify potential value engineering solutions, ambiguities, conflicts and/or omissions apparent during its review. The bid documents and technical specifications will also be reviewed for potential duplication/overlap of clauses, conflicts, proper placement of critical requirements within the order and precedence of documents. Ardurra will also recommend key contract provisions to provide the necessary controls and remedies for the City to maintain a proactive approach on the project, as noted in the approach section above.
Our proven, proactive approach enables
successful delivery of projects, such as the
Belmont Myrtha Pool Repairs Project for the
City of Long Beach pictured here.
459Exhibit 4
City of Bell Gardens | March 30, 2023
Ford Park Aquatics Center CM and Inspection
11 Work Plan and Approach
The CM constructability/bidability review typically involves the following:
– Checking pothole data and as-built underground and overhead utility information against proposed design and assisting the design team in resolving any resulting conflicts.
– Identifying and implementing quantity measurement methodologies to obtain the most efficient and accurate field measurements during construction. – Comparing plan notes with standard and special revisions, eliminating and/or removing any conflicts/overlapping requirements.
– Check quantities.
– Check construction notes and proposed improvements against bid items and bid item descriptions/identify and resolve apparent inconsistencies and/or gaps. – Compare proposed removals with proposed improvements and existing field conditions. – Recommend special provisions language for project-specific and time-tested public contract remedies.
– Recommend order and precedence revisions and/or standard specification modification, as applicable.
– Recommend bid item allowances, alternates and minimum performance requirements, contractor deferred design items, e.g., detailed traffic control phases, pedestrian safety measures, public relations activities, SWPPP/NOI development and processing, etc.
– Establish bid evaluation criteria. Prepare Request for Bid documents. – Project Phasing: It is imperative that the bidders have complete and clear disclosure of any phasing requirements to maintain City and/or other stakeholder operations throughout construction. In order to minimize the potential for impacts and/or claims, minimum phasing plans or narrative requirements will be recommended for inclusion in the bid documents and a separate bid line item(s) be established to identify the adequacy of the bidders’ intent to facilitate the necessary phasing requirements. Additionally, separate sub-milestones can be established (with separately calculated liquidated damages attached) to ensure that the phases are properly carried out to ensure the continuous and unobstructed use of critical existing operations (if any). Ardurra has extensive experience working with contractors to facilitate critical phasing requirements on complex projects. – Project Scoping: Check for clear identification of project limits. For unit price contracts with budgetary limits (e.g., projects with indefinite paving rehabilitation areas) methodology to maintain quantities delivered within the budget program will be developed and implemented into the bid documents and project procedures.
BID PHASE ASSISTANCE
Coordinate with the City Clerk’s Office and the Public Works Department to establish advertising dates, arrange pre-bid meeting, and the bid opening date. Participate in pre-bid meeting to assist with answering bidder questions. Ensure that the project is advertised in appropriate publications and online contractor bid announcement services. Directly contact contractors specializing in this type of construction to encourage their participation.
We have extensive
experience optimizing
project bid documents
for public agencies.
Conducting a bidability/
constructability review of
construction bid documents
typically results in savings
substantially exceeding the
cost of the review services.
460Exhibit 4
City of Bell Gardens | March 30, 2023
Ford Park Aquatics Center CM and Inspection
12 Work Plan and Approach
Assist with coordination with the City and other affected agencies/agencies having jurisdiction, as necessary.
Assist with public relations/public outreach activities as needed. Assist with the development of responses to bidder questions during bidding period. Conduct reference checks on the low bidder.
Check state licenses of bidder and subs.
Review insurance and bonds for compliance with contract documents. Compile bid analysis:
– Tabulate all bids with detailed breakdown with comparison to latest construction estimate.
– Identify apparent unbalancing within bids.
– Identify apparent missing items.
– Assist with addressing minor omissions or administrative issues as approved by the City.
– Repeat above steps for next bidder if as-bid numerically low bidder appears to be unresponsive.
Assist with compiling recommendation to award to the successful bidder. – Make recommendation for confirmation of lowest responsive and responsible bidder with detailed basis, particularly if the as-bid numerically low bidder is not recommended.
Assist in preparation of staff reports for City Council contract awards.
CONTRACT AWARD/EXECUTION
Attend City Council meeting for award of the construction contract. Assist with coordinating contractor documentation requirements to support execution of contract.
Assist with expediting contract execution by the parties. Assist with coordination with the City and other affected agencies/agencies having jurisdiction, as necessary.
CONSTRUCTION MANAGEMENT SERVICES
Ardurra specializes in delivering construction management services for the successful and efficient completion of public agency projects.
Not only is Ardurra successful at delivering CM and inspection services, but our CM and inspection professionals are considered leaders in the industry. They are frequently engaged to train public works staff and develop or improve standardized public works department systems and procedures that incorporate industry best practices across capital project and development permit delivery.
Our CM team deploys time-tested
procedures and best management
practices for the most vital project
elements:
9 Safety
9 Public outreach
9 Schedule
9 Measurement and payment
9 Change management
9 Claims avoidance
9 Budget and cash flow
9 Utility coordination
9 Documentation protocol &
communication
9 Quality assurance
9 Labor compliance
9 Project commissioning,
acceptance, and closeout
461Exhibit 4
City of Bell Gardens | March 30, 2023
Ford Park Aquatics Center CM and Inspection
13 Work Plan and Approach
QUALITY ASSURANCE/QUALITY CONTROL MANAGEMENT
Our strategic approach to a quality product:
Understand the Project: Quality control starts at the beginning of the project through planning and controls. At the forefront of the project, our construction manager will discuss the proposed scope of work, projected schedule, and estimated costs in detail with the City to ensure that the project scope and goals are fully understood from the onset.
The Right People for the Project: Our project team has extensive, relevant experience in completing aquatic projects in cities throughout the County of Los Angeles. The team that has been formed will hit the ground running, delivering on schedule and within budget.
Communication: Our construction manager has an excellent track record communicating with clients, subconsultants, staff, and stakeholders. Frequent communication and tracking of project progress are integral to his approach to every project.
Schedule Control: We have joined forces with HLCM, a firm specializing in schedule review, in order to provide detailed attention to the ongoing review of the construction schedule, paying special attention to the critical path.
PRE-CONSTRUCTION CONFERENCE
Ardurra will coordinate and conduct the pre-construction meeting. This will include notification to contractor, utility agencies, and other stakeholders, and prepare the meeting agenda and minutes.
The agenda and minutes typically include the following items:
Introductions of key personnel
City responsibilities
Safety
Project overview
Confirmation of fully executed contract documents and Notice to Proceed Establishment of contract time and completion date
Review of Working Day definition and holiday schedule Common overall project goals will be identified
Chain of communication and key contacts
Public relations
The scope will be discussed and clearly defined
Critical design elements, schedule, and cost factors will be discussed Experience and key roles in the project will be discussed Past project experiences will be discussed to identify potential pitfalls Jurisdictional agencies and the contractor
Discussion of master schedule
Subcontracts
Integration of utility coordination activities into schedule Documentation and tracking controls
Change order procedures
No project is too small for
quality, and everyone is
responsible for quality.
462Exhibit 4
City of Bell Gardens | March 30, 2023
Ford Park Aquatics Center CM and Inspection
14 Work Plan and Approach
Scope, schedule, and cost change administration, notification requirements and controls
Submittal and RFI process
Identify long lead and any substitution and/or equal items Inspection and testing – review call-out requirements and deputy/special and testing requirements
Review survey for consistency with the design
Progress payment procedures
Labor compliance
Rights-of-way
Easements and special access considerations
Placement of any required signs
Questions and answers
Action item assignments
Ardurra considers the pre-construction meeting as Progress Meeting No.1. All items discussed are designated as “open” or “closed. ” All open items are carried forward to subsequent progress meetings until resolved and closed. Action items are assigned a specific responsible party and a deadline for resolution. Each progress meeting is clearly documented with detailed minutes and distributed to all attendees and affected coordination parties. Ardurra will typically conduct or, at a minimum, participate in all site meetings. Pre-construction meeting and site meeting minutes will be distributed via email to meeting participants and to courtesy recipients identified by the City.
CONSTRUCTION PROGRESS/COORDINATION MEETINGS
The following meetings will be held on site, as required:
Periodic project team/stakeholder meetings will focus on the following:
– Progress during the period
– Major decisions made
– Planned vs. actual schedule
– Upcoming work schedule
– Current or unresolved problems
– Anticipated or pending change orders
– Impacts of problems or change orders on schedule and budget – Discussion of new goals
– Planned vs. actual budget analysis
– Scheduled concurrent with a weekly meeting to save time and cost Weekly Progress Meetings – with typical agenda including:
– Contractor’s detailed three-week look-ahead schedule
– Progress and major decisions during the last week
– Update of unresolved items from previous meetings
– Status of submittals and change orders
Special meetings to discuss important/urgent issues or which require detailed discussion or review of plans and specifications
No. Mtg Origin Title Assignment Due Date Priority Status
1.2 1 P
rotocol
and
Communication O
pen
Descri
ption
• Follow
proper
communication
protocols
no
exceptions.
• Procore:
Software
to
be
used
for
the
project.
• Emergency
Contact
List:
Provided.
• Project
duration:
489
calendar
days.
Inclusive
of
additional
days
granted.
No. Mtg Origin Title Assignment Due Date Priority Status
1.3 1 Cont
ract
Status O
pen
Descri
ption
• Fully
Executed
Contract
with
M.S.
Construction
Management
Group
• Current
Contract
Amount: $13,
572,296.23
(Inclusive
of
CO
#1,
2,
3,
4,
5,
6,
7,
8,
9,
10,
and
11)
No. Mtg Origin Title Assignment Due Date Priority Status
1.4 1 S
tart
Date
&
Project
Schedule O
pen
Descri
ption
• NTP
issued
and
dated
10/5/2020.
• Review
of
3 week
look
ahead.
• MS
to
submit
updated.
• See
attached
3 weeks
look
ahead.
• Height
of
electrical
fixture
at
the
transit
center
to
be
adjusted
per
(Bulliton#99)
• City
is
considering
extend
traffic
signal
footing
on
phase
II
another
2’.
Bulletin
for
subject
revision
will
be
provided
by
designer.
• Nationwide
cement
shortage
is
affecting
project
schedule.
• SCE
was
scheduled
to
work
on
project
on
06/23/2022(Night
Shift).
MS
Construction
to
add
Jun
Fujita
Hall
as
the
contact
person
in
Request
for
Invertor
Start-
Up
Service
form.
(work complete)
• MS
Construction
to
provide
copies
of
invoices
for
trashcans,
benches,
and
shade
structure
and
bike
shelter
and
rack
to
city
for
reimbursement
from
the (work complete)
• So
Cal
Gas
check
tag
inspection
has
been
done/
documentation
on
site
and
submitted
to
the
field
So
Cal
Gas
contacted
city
(Jun)
for
gas
meter
installation,
The
gas
meter
will
not
be
released
to
So
Cal
Gas
until
the
project
received
the
final
Building
Department
inspection.
• Installation
of
HVAC
at
the
Transit
center
will
be
completed
in
a
few
days,
for
commissioning
the
unit
the
gas
meter
needs
to
be
installed
which
will
be
after
project
completion
and
final
Building
Department
inspection.
• MS
construction
to
provide
a
sketch
drawing
to
the
city
for
their
proposed
picket
fence
at
no
cost
to
the
city.
• Ms
construction
to
layout
the
picket
fence
on
west
of
the
project
for
city
to
review
and
evaluation.
• MS
Construction
to
submit
a
sketch
drawing
and
pictures
for
security
cameras
on
light
pole
to
the
city
for
consideration.
• MS
Construction
to
submit
copy
of
the
Release
of
the
Stop
Notice
from
Golden
State
Roofing
to
the
construction
manager.
• Architect
to
close
RFI
#342
and
distribute
submittal#143
(done)
• Ardurra
to
create
RFI
for
lighting
controls
and
send
to
PM/Joyce
Rooney
(done)
• Coordination
meeting
to
be
scheduled
for
pole
removal
by
city
crew.
City
needs
48hr
notice
of
when
work
can
be
performed
• RFI's
312
and
342
shown
as
closed
on
Procore.
MS
to
revise
look
ahead
schedule
accordingly.
• Request
for
overall
updated
schedule
requested.
MS
to
submit
• Review
location
for
proposed
installation
of
2 additional
bike
racks
Site Constraints and Public Relations
Meeting #97 - Construction Progress Meeting Project: Job No. 20120 Redondo Beach Transit Center
A
rdurra
Group,
Inc. Page
2 of
11 Printed
On: Au
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2022
01:15
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Example Pre-Construction Meeting Minutes
Ardurra Group, Inc.
1960
East
Grand
Avenue
Suite
300
El
Segundo,
California
90245
P:
(310)
359-1203
Project: Job No. 20120 Redondo Beach Transit Center
1521
Kingsdale
Ave
Redondo
Beach,
California
90278
Construction Progress Meeting Agenda: Meeting #97
Meeting Date Aug 30, 2022 Meeting Time 1:30 PM - 2:00 PM Pacific Time (US & Canada) Meeting Location RBTC
O
verview • Construction
Progress
meeting
#97
Attachments
Scheduled Attendees
Name Company Phone Number Email
Dustin
Blackwell Ardurra
Group,
Inc. P:
(949)
391-6549
ext.
8113 [email protected]
Arash
Rostamian Ardurra
Group,
Inc. [email protected]
Joe
Stoakley Ardurra
Group,
Inc. P:
(310)
359-1203 [email protected]
John
Wolitarsky Ardurra
Group,
Inc. P:
310-359-1203 [email protected]
Diane
Amaya City
of
Redondo
Beach [email protected]
Jun
Fujita
Hall City
of
Redondo
Beach [email protected]
Mike
Klein City
of
Redondo
Beach [email protected]
Gary
Laolagi City
of
Redondo
Beach [email protected]
John
LaRock City
of
Redondo
Beach [email protected]
Joyce
Rooney City
of
Redondo
Beach [email protected]
Leslie
Scott City
of
Redondo
Beach [email protected]
Ted
Semaan City
of
Redondo
Beach [email protected]
Andrew
Winje City
of
Redondo
Beach [email protected]
Rudy
Romero M.S.
Construction
Management
Group [email protected]
Mike
Saghafi M.S.
Construction
Management
Group [email protected]
Brett
Baum Transportation
Concepts [email protected]
George
Heere Transportation
Concepts [email protected]
Preliminary Matters
No. Mtg Origin Title Assignment Due Date Priority Status
1.1 1 I
ntroductions O
pen
Descri
ption
Roll
Call
A
rdurra
Group,
Inc. Page
1 of
11 Printed
On: Au
g
29,
2022
01:15
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463Exhibit 4
City of Bell Gardens | March 30, 2023
Ford Park Aquatics Center CM and Inspection
15 Work Plan and Approach
SAFE CONDITIONS
Ardurra will monitor project work and adjacent areas for unsafe conditions, promptly require corrective measures to be addressed by the contractor in compliance with the contract documents and report such issues and corrective measures taken to the City. One of the most pervasive job hazards across all public works projects is construction adjacent to live traffic lanes. Ardurra inspectors are intimately familiar with monitoring and enforcing proper traffic controls per the WATCH handbook, MUTCD and/or project-specific traffic control/traffic handling/detour plans. Inspectors drive and/or walk the project limits at the start, during, and before leaving the site each day to monitor proper and/or necessary corrections to the required traffic control measures.
FIELD PUBLIC RELATIONS
Ardurra will take a lead role to address public relations field concerns. All inquiries and issues will be listened to and documented with accurate contact information for prompt follow-up.
Feasible mitigation and public relations measures to issues identified will be implemented immediately to minimize impacts to the surrounding public uses.
The CM team will work with park patrons, motorists, pedestrians, cyclists, and residents to address issues expeditiously for resolution in the field whenever feasible. Any issues that cannot be immediately addressed in the field will be communicated through appropriate protocols with recommendations for the most efficient resolution. Ardurra will expedite implementation of the solution that serves the project’s best interests, as mutually determined with the City, contractor, and affected parties.
As noted above, Ardurra offers a more comprehensive optional enhanced public relations program for the City's consideration and implementation.
OFFICE ENGINEERING
Office engineering duties will include attending meetings to take notes; preparing meeting minutes; updating the weekly statement of working days; tracking and logging all preliminary notices, stop notices, releases, correspondence, submittals and RFIs; quality control of inspection reports; prevailing wage inspection labor compliance administration; and change management documentation. Office engineers may also be asked to assist with the review and analysis of schedule updates, RFIs, submittals and cost estimates.
QUALITY ASSURANCE
Ardurra will enforce the quality assurance plan, in conformance with the City’s quality assurance manual, or as developed by Ardurra and the City for the specific needs of the project. Ardurra will perform and/or coordinate QA/QC activities daily and review activities as they happen, to make sure that QA/QC procedures are followed and deficiencies resolved in a timely and efficient manner. Ardurra inspector(s) will visit the site on a part-time or full-time basis, as required by the City, during the normal working hours and when critical activities require to verify construction progress and to verify that all work conforms to contract requirements. Deputy and special inspection and materials sampling and testing will be coordinated and provided as required by the final plans and specifications. The Ardurra team will monitor testing services, track documentation and review testing results.
Ardurra CM staff will also review test reports (certificates of compliance) submitted by others CONSTRUCTION MANAGEMENT and CONSTRUCTION INSPECTION(CMI)SERVICES
FORD PARK AQUATICS CENTER
ATTACHMENT 1-SITE MAP
View of project site and surrounding
community, as shown in Attachment 1 -
Site Map from the RFP
464Exhibit 4
City of Bell Gardens | March 30, 2023
Ford Park Aquatics Center CM and Inspection
16 Work Plan and Approach
to substantiate compliance and ensure that certificates of compliance or source release tags are furnished by the contractor along with the applicable delivered materials at the project site. When necessary, corrective measures will be implemented and re-inspected/ re-tested to verify acceptable completion. Ardurra will reject work that does not conform to the requirements of the contract documents and will promptly report unacceptable work to the City and contractor. Rejected work will be thoroughly documented, photographed, and tracked until repaired or replaced to the satisfaction of the City.
INSPECTION SERVICES
Inspection services will include, but are not limited to, the tasks listed below and will be performed daily.
Review and familiarize contract documents.
Participate in pre-construction meetings, other meetings, and conferences, as required. Be present at all times, including weekends (if necessary), when construction is in progress.
Review and in conjunction with the City’s project manager, enforce the contractor’s proposed construction schedule.
Monitor and document the contractor’s compliance with plans, specifications, and referenced standards.
Assist in the review of “submittals” required by the specifications. Assist with coordination between City’s project manager, contractor, and any other entities that may be involved.
Review contractor performance and expedite corrective measures for discrepancies as they occur.
Coordinate surveys and staking, furnishing grades as necessary to the contractor, and check all structure-related surveys.
Coordinate and provide assistance and direction to technicians performing material tests. Measure the work-in-place to verify quantities.
Closely monitor testing results and require contractor to take corrective actions if results are unsatisfactory.
Assist with public outreach. Document and respond to public inquiries, monitor, and document compliance with working hours, noise levels, and dust mitigation requirement.
Review and make recommendations for the processing of payment requests. Assist with the consideration, negotiation, and processing of change orders. Prepare daily inspection reports (daily activity report, weekly statement of working days) including photographs.
Measure and track quantities of satisfactorily completed improvements. Monitor contractor’s implementation of approved traffic control measures. Drive routes with active detours and/or lane closures daily to confirm or require correction in compliance with approved traffic control plans, WATCH Manual, Manual on Uniform Traffic Control Devices (MUTCD) and/or Caltrans Traffic Control Manual, as applicable. Review items requiring corrective action with the contractor and the City and develop punch list items and monitor corrections made.
Issue field correction notices and respond to RFIs.
Prepare redline set of as-built plans.
Example Daily Report
465Exhibit 4
City of Bell Gardens | March 30, 2023
Ford Park Aquatics Center CM and Inspection
17 Work Plan and Approach
Coordinate inspection activities with other jurisdictions, if applicable. Strictly enforce requirements for health and public safety on the project. Perform inspection for line and grade, earthwork, grading, excavation, backfilling of utility trenches, asphalt paving, concrete form work reinforcement, and other related work.
Landscape architect review and approval of materials for all landscape features on the project (plant/tree selection, product submittal and sample reviews, irrigation installation inspection and coverage test, proper installation and plantings and maintenance).
Maintain a redline set of as-built (record) information. Prepare project punch list at substantial completion and follow-up.
TRAFFIC MANAGEMENT COORDINATION
Ardurra will oversee proper implementation of the traffic control plans by the contractor and require corrections and diligent maintenance when required. Ardurra will coordinate review of any traffic control plans required to address special situations and monitor the contractor’s compliance with the Traffic Handling Plans, the MUTCD, or as otherwise provided for in the specifications and in accordance with Section 16.16 of the LAPM. Apparent conflicts with adjacent or nearby projects will be addressed and coordinated. The contractor will be required to clearly correlate traffic control phasing in the CPM schedule work breakdown structure.
Traffic control will be a standard discussion and coordination item at weekly progress meetings.
DAILY CONSTRUCTION OBSERVATION REPORTS
Ardurra and/or the deputy/specialty soils and materials inspectors will compile daily observation reports documenting the contractor’s workforce, material and equipment used, a summary of construction activities, field problems, disputes or claims, resolutions of issues, and directions given to the contractor. Completed daily reports will be transmitted to the City on a weekly basis.
PHOTOGRAPHS
Ardurra CM and inspection staff prepare and maintain an electronic photo journal documenting the construction progress. Photos shall be taken before construction begins, during construction, and upon completion of the project.
WEEKLY STATEMENT OF WORKING DAYS
The Ardurra construction manager will prepare a weekly statement of working days (WSWD), in conformance with documenting the construction progress, time of completion, delays and time extensions, and submit to the contractor and the City on a weekly basis. The WSWD is typically discussed and agreed upon at each progress meeting and transmitted as an attachment to the minutes.
SOILS/MATERIALS TESTING
QA/QC: Ardurra will implement the City’s established Quality Assurance Plan (QAP). Ardurra will coordinate QA/QC activities daily and review activities as they happen to make sure that QA/QC procedures are followed and deficiencies resolved in a timely and efficient manner.
Example Daily Report with Photos
466Exhibit 4
City of Bell Gardens | March 30, 2023
Ford Park Aquatics Center CM and Inspection
18 Work Plan and Approach
Testing and Observations: The CM and inspection team will coordinate laboratory, jobsite, and offsite/source inspection and testing of construction materials and required observations per the QAP , construction documents, construction codes, and jurisdictional agencies. The CM and inspection team will monitor testing services, track documentation, and record testing results in weekly construction progress meetings. When necessary, corrective measures will be implemented and re-inspected to verify acceptable completion.
UTILITY COORDINATION
Ardurra will assist the contractor in dealing with local utilities to coordinate and expedite temporary and permanent utility installations, utility relocations and utility access structure adjustments.
PERIODIC PROGRESS REPORTS
Ardurra will cooperatively develop, with the project stakeholders, the format and information necessary for reports that may be required during the construction phase. These reports are typically compiled every other month and include the following information:
Summarized report of construction activities including significant events and accomplished goals
Construction observation reports
Description of progress with photos to enhance the descriptions Description of equipment used
Comparison of actual vs. planned progress, in narrative form and bar graph form Identification and discussion of current problems or pending change orders and actions taken or planned to resolve such issues
Coordinate surveying verification
A discussion of new short- and long-term goals for the project A comparison of actual vs. planned budget expenditures A master trend log detailing potential and approved changes Report of progress payments made to date and invoices in process Labor compliance reports for contractor and subcontractor employees (if required) A QA/QC status section
An analysis of change order impacts or potential problems on schedule and budget Provide a monthly project status report that includes an update of all key items required to adequately manage the project
SUBMITTAL PROCESSING
The construction manager will track all correspondence and submittals on this project.
Ardurra will receive all contractor submittals and review them for completeness and general conformance with the contract documents. All shop drawings, samples and other submittals received from the contractor will be logged in and routed to the City and the architect. Responses will be logged and transmitted to the contractor. Submittals will be tracked throughout the project to ensure timely response in order to avoid contractor claims for delay. All submittals will be expedited utilizing electronic delivery whenever possible (except for shop drawings, large format documents). Additionally, Ardurra will recommend key contractual requirements for the contractor to clearly indicate submittal processing requirements in the project schedule. Submittal content and review comments will be 467Exhibit 4
City of Bell Gardens | March 30, 2023
Ford Park Aquatics Center CM and Inspection
19 Work Plan and Approach
monitored to identify potential impacts to quality, cost, or schedule, with recommended alternatives and/or solutions.
MATERIALS CONTROL
The CM team will establish a materials receiving process on site such that all materials deliveries are accompanied by proper delivery documentation satisfactory to confirm that all products comply with the plans and specifications, approved submittals and bear the requisite certificate of compliance for source, product type and “Buy America, ” as applicable. Materials delivered to the site lacking proper documentation will be flagged as unacceptable and not allowed to be incorporated into the work until proper documentation is provided and verified.
REQUESTS FOR INFORMATION
Upon receipt, the CM team will log, distribute, and respond to each RFI as required. It is anticipated that most will be handled upon receipt. However, if the design engineer or City staff are required to answer questions, the project manager will coordinate a timely resolution.
Ardurra will identify potential impacts to cost or time that may result due to issues identified in RFIs, with recommended alternatives or solutions to mitigate the potential impacts.
DOCUMENTATION INTERPRETATION AND TECHNICAL ASSISTANCE
Ardurra staff coordinates and expedites between the contractor, design team, and City staff to clarify any questions for interpretation of the construction documents. Timely, firm, and fair determinations will be processed to minimize cost and time impacts to the project.
PROBLEM/SOLUTIONS
The Ardurra proactive approach serves to anticipate and expeditiously resolve field problems.
Our team is well trained in problem solving. All issues are processed with a sense of urgency and presented to the City with suggested alternatives, cost and schedule impacts and recommended solutions. The CM team will quickly implement the alternative that best suits the interests of the project and the City. Ardurra will effectively and expeditiously communicate with City staff, design consultants, and the contractor, as applicable, to identify conflicts, construction problems, and coordination issues, and will obtain the needed action and response to submittals, RFIs, and supplemental design documents.
WRITTEN INSTRUCTIONS
Ardurra will issue written instructions (via email, transmittal letter, field speed memo) to the contractor regarding routine matters and/or follow-up of verbal instructions as necessary to properly document project issues.
DOCUMENT TRACKING SYSTEM
Complete and current project files shall be kept at the job site, or at a location agreeable to the City, and shall be available to the City at all times. These files will consist of the contract, correspondence relating to or modifying the contract, proposal requests, clarifications, permits, logs, reports, RFIs, field orders, change orders, claims inspection reports and test reports. The Ardurra project controls process includes a detailed file indexing system for all project hard files. Ardurra has already developed customized forms, a reports database structure, and work breakdown structure well suited for typical public works projects. We All issues are processed
with a sense of urgency and
presented to the City with
suggested alternatives, cost
and schedule impacts and
recommended solutions that
best suits the interests of the
project and the City.
468Exhibit 4
City of Bell Gardens | March 30, 2023
Ford Park Aquatics Center CM and Inspection
20 Work Plan and Approach
will adapt our system to the specific needs of the project to monitor, track, and control the project. This detailed tracking system will enable us to provide an accurate assessment of the progress to the City with recommendations to maintain or improve adherence to the approved project schedule.
The table below illustrates the typical deliverables implemented on Ardurra CM projects.
SWPPP
Ardurra CM and inspection staff will enforce all provisions of the Storm Water Pollution Prevention Plan and/or other requisite requirements set forth in the specifications. Ardurra CM staff is well versed in SWPPP monitoring through provision of dedicated services for oversight of developers and contractors on behalf of several public agencies. At a minimum SWPPP requirements will be monitored and a specific SWPPP checklist will be compiled.
Any deficiencies noted will be addressed with the contractor for immediate remedy. Upon a weather report of expecting rain, a site walk will be conducted to ensure that SWPPP measures are in place and well maintained. Additionally, if desired by the City, the Ardurra team can be assigned as the data submitter for the project to implement the NOI application, uploading of various reports, and processing of the NOT on the SMART website.
CHANGE MANAGEMENT
Ardurra will establish, implement, and coordinate systems for consideration, negotiation, processing, and implementation of change orders. Each issue, which is identified as a potential change to the design, scope, cost, or contract time will generate a uniquely numbered potential change order (PCO). The construction manager will determine whether or not a change notice should be considered. The plans and specifications will be reviewed against the change notice. If the issue does not appear to be included in the plans or
ITEM METHOD FREQUENCY
Correspondence Outlook/Speed Memos/Formal Letters Daily/Continuous/As Needed Project Documentation Procore Daily/Continuous
Submittals Procore Daily, as required; 72-hour turnaround RFIs Procore Daily, as required; 72-hour turnaround
Progress Payments Excel Measurements – Daily;
Quantity Measurement Report – Monthly
Inspection Reports Adobe Fillable Forms or Procore Daily Weekly Statements of Working Days Excel Weekly
SWPPP/BMP Compliance Excel Weekly
Public Relations Inquiries Log – Excel Daily, as required Photo and Video Procore/Explorer Video Pre-Project, Photos Daily Progress Reports Word/Publisher Monthly and as required Project Contacts Outlook Daily
Project Calendar Outlook Daily
Meetings Word and Outlook/Zoom Weekly and as required
469Exhibit 4
City of Bell Gardens | March 30, 2023
Ford Park Aquatics Center CM and Inspection
21 Work Plan and Approach
specifications, the construction manager will negotiate the scope and cost for the most efficient, cost and quality appropriate solution with the contractor and City. Any credits for work deleted as a result of the change will be required at this time as well. The construction manager will maintain a trend log, listing potential changes as identified, either formally or informally. This trend log shall be used such that potential change items are not overlooked or deferred until the end of the job. Ardurra will prepare independent cost estimates as required for contract change orders. Upon approval by the City, the construction manager will prepare, log and process change orders for full execution, and administer their implementation. Once fully executed, the CM team will expedite and review the timely completion of the work and coordinate inclusion of the change order in the appropriate payment application.
CLAIMS AVOIDANCE
Ardurra will assist the City with claims filed by the contractor in accordance with the guidelines set forth by the general specifications, and the standard specifications. Ardurra is well-versed at negotiating and resolving claims amicably between contractors and public agencies. Should a claim require work in addition to Ardurra’s contract, Ardurra will be available on a time-and-materials basis if desired by the City, including assistance with processing required CDBG forms and coordinating with the City's labor compliance consultant. The provision of any legal advice or services is specifically excluded.
DAILY EXTRA WORK REPORTS
The Ardurra CM and inspection team will verify and sign contractor’s daily extra work reports documenting force account (time and materials) work. In particular, Ardurra will monitor that only appropriate worker classifications necessary for approved time and materials work is included on extra work reports. Any inappropriate workforce and/or equipment charges will be promptly rejected and removed from extra work reports.
PROGRESS PAYMENT PROCESSING
A cost control system, based on the contractor's schedule of values, approved change orders and the contract amount shall be developed and implemented to monitor progress costs. Monthly cost reports will be submitted to the City as a component of the monthly progress report.
Ardurra will establish quantity measurement forms and methods for each bid item. The construction manager will coordinate with the City’s inspector and Ardurra’s alternate inspectors to provide detailed quantity measurements for work as it is installed. Quantity measurements will include the specific location placed, field measurement and quantity calculation in accordance with the specified measurement and payment provision for each bid item, and any backup documentation such as certificate of compliance, materials delivery ticket, as appropriate for the item measured. The contractor’s representative will be required to acknowledge daily quantities measured, to eliminate the need for post-installation revisits of bid item quantities. All quantities will be properly documented on inspector daily reports and tied to a quantity measurement report that will be certified by the inspector, construction manager, and City representative.
The Ardurra CM and inspection team will review the payment applications submitted by the contractor and determine whether the amount requested reflects the progress of the contractor's work. Appropriate adjustments to each payment application will be required by the contractor. When the payment application is acceptable and all backup documentation 470Exhibit 4
City of Bell Gardens | March 30, 2023
Ford Park Aquatics Center CM and Inspection
22 Work Plan and Approach
is verified (certified payrolls, lien releases), Ardurra will prepare and forward to the City a progress payment report. The report shall state the total contract price, payments to date, current payment requested, retainage and actual amounts owed for the current period. The Ardurra team is experienced with evaluating complex pay applications. It is critical to the City’s best interest that payment application review be performed accurately and prudently to maintain the prime and subcontractor incentives to perform on the projects.
CASHFLOW MANAGEMENT (Preliminary Notices, Releases & Stop Notices) Ardurra recognizes that the diligent monitoring and tracking of preliminary notices, conditional and unconditional releases is an important component of public construction management, enables the team to stay abreast of the construction contract cash flow and provides for excellent documentation of prompt payment as required by federal funding.
The construction manager will maintain a detailed log of preliminary notices and require conditional and unconditional releases from the contractor for all first-tier subcontractors and any-tier subcontractors that submit a preliminary notice.
Proactive monitoring of releases typically minimizes the incidences of stop notices. Should any stop notices be received, Ardurra will work proactively with the contractor to address release of the stop notice and withhold 150% of the stop notice amount from progress and/ or retention payments until the proper unconditional release is documented.
COMPLIANCE WITH FUNDING REQUIREMENTS
As detailed in the Key Personnel Background section below, Ardurra has extensive experience managing federally funded projects, and in particular, successfully delivering projects using CDBG funding.
The Ardurra team will work cooperatively with the City's subject matter expert consultants and the contractor to monitor and document compliance with Section 3, Build America, Buy America, Davis-Bacon, DBE and other CDBG funding requirements. Ardurra will implement payment withholding and other remedies as necessary to compel compliance should deficiencies be identified throughout the project.
Ardurra construction administration, reporting and documents control system is tailored for continuous and thorough maintenance of documentation to assist the owner with federal funding requirements.
LABOR COMPLIANCE
Ardurra is well-versed with and understands the labor compliance process. For purposes of this project, Ardurra will be available to assist the City's labor compliance consultant as needed and will document labor compliance requirements prior to processing each progress and/or final payment.
PLANS, SPECIFICATIONS, AND AS-BUILTS
Ardurra will periodically review the contractor’s as-built updates on the approved job plan set, identify missing items, and require the contractor to keep as-built records up to date throughout the project. Ardurra CM staff keeps its own set of as-built plans that will note the location of subsurface utilities encountered and/or installed, identify where any design or field changes were required (utilizing the corresponding RFI and/or change order numbers), Our team is knowledgeable of
CDBG requirements and will coordinate
with the City's labor compliance consultant
as necessary
CDBG ECONOMIC
DEVELOPMENT MANUAL
Appendix D
Department of Housing and Community Development
2020 West El Camino Avenue
Sacramento, California 95833
471Exhibit 4
City of Bell Gardens | March 30, 2023
Ford Park Aquatics Center CM and Inspection
23 Work Plan and Approach
and note the location of critical building components that are covered by finish work. At the end of the project, the final as-built plans are submitted to the City.
CLOSEOUT DOCUMENTS
Ardurra staff will enforce the provisions of the specifications to require and expedite the contractor to submit well-coordinated operations and maintenance manuals, warranties and guarantees, bonds, extra stock and/or other items required by the contract documents such that a timely closeout of the project is implemented. Ardurra will perform closeout duties including final organization of project files and submit to the City for final approval and assist with the filing of the Notice of Completion and Release of Retention.
PRE-FINAL INSPECTION
The construction manager and inspector will coordinate with appropriate project stakeholders, perform the final job walk, and prepare the punch list (deficiency list). Ardurra will coordinate, expedite, and observe completion of required corrections.
FINAL INSPECTION
Satisfactory completion of all punch list items is verified before Ardurra recommends processing of the Notice of Completion. Ardurra is noted for attention to detail. Not only have we excelled at closing out our own projects, but we have been requested to and successfully closed out problem city projects in which our services were not initially utilized.
Upon completion of the punch list and final sign off by all project stakeholders, Ardurra will make recommendation to the City regarding the contractor’s final progress payment request and prepare the final progress payment report for submission to the City.
DELIVERY OF AS-BUILTS AND CLOSEOUT DOCUMENTS
Ardurra will periodically review the contractor’s as-built updates on the approved job plan set, identify missing items, and require the contractor to keep as-built records up to date throughout the project as required by the specifications. Ardurra will review the contractor's submittal of “as-constructed” conditions and compare this submittal to Ardurra’s own documentation. Discrepancies will be discussed, resolved, and recorded. Completed “as-constructed” plans will be submitted to the City.
The Ardurra team will enforce the provisions of the specifications to require the contractor to submit well-coordinated operations and maintenance manuals, warranties and guarantees, bonds, extra stock, and/or other items required by the contract documents such that a timely closeout of the project is implemented.
Ardurra will perform closeout duties, including final organization of project files, and submit to the City for final approval. Ardurra will also assist with the filing of the Notice of Completion and Release of Retention.
POST CONSTRUCTION SUPPORT
Ardurra can assist the City with resolution of post-construction issues such as user department inquiries and issues, resolution of stop notices or notices from the labor commissioner on a time-and-materials basis upon the City’s request. 472Exhibit 4
SECTION 2
KEY PERSONNEL BACKGROUND
473Exhibit 4
City of Bell Gardens | March 30, 2023
Ford Park Aquatics Center CM and Inspection
24 COMPANY OVERVIEW
LOCAL EXPERTS WITH NATIONAL STRENGTH
Ranked 114 in Engineering News-Record’s Top 500, Ardurra offers the resources of a large national firm with more than 1,250 employees in 70 offices across the country. We focus on seven key service areas including: public works/ civil planning, design and construction management,
water/wastewater planning design and construction
management, environmental, land development,
emergency management, structural engineering, and
survey. In our local offices we also provide public outreach, labor compliance, plan review and plan check, code
compliance enforcement, and grant administration.
A COMPREHENSIVE TEAM YOU CAN RELY ON
We have assembled a well-qualified team with expert resources and a proven track record of successfully delivering aquatics projects and other community facilities throughout Southern California, as evidenced in sections 3 and 4 of this proposal. Our references will attest to our competence, quality, and character as we assisted our clients to complete high-profile projects that significantly enhance their community.
Our proposed construction manager and inspector have decades of experience with municipal pool projects. Swimming pool construction is very specialized and involves complex issues requiring proven experience to avoid potential costly and sometimes irreversible pitfalls. Our team has a clear understanding of technical issues unique to aquatic center projects and brings a demonstrated track record of success. We are also knowledgeable of the requirements of various funding sources.
The organization chart on the following page identifies our core team and subconsultants offering technical expertise at each phase of this important community project.
Below is a brief overview of our capabilities and our key team members and subconsultant partners, followed by resumes of each of our team members summarizing their qualifications and specialized training.
2 KEY PERSONNEL
BACKGROUND
With an emphasis on
practical, proven, and
cost-effective solutions, our
capabilities are focused
on delivering the Ford
Park Aquatics Center on
time and budget and in
compliance with all federal
provisions.
NATIONWIDE
resources of
1,2 50+
employees
in 70 OFFICES
9 offices in
CALIFORNIA
just 18 MILES from the
Ford Park Aquatics Center
more than
200
professionals
available in CA
474Exhibit 4
City of Bell Gardens | March 30, 2023
Ford Park Aquatics Center CM and Inspection
25 Key Personnel Background
PRINCIPAL-IN-CHARGE
Dino D’Emilia, PE, F . ASCE, QSD
CITY OF BELL GARDENS
Project Manager
CONSTRUCTION MANAGER
John Wolitarsky, CCM
TEAM ORGANIZATION
ADDITIONAL RESOURCES (optional/as needed)
COMMUNITY RELATIONS
Gabriela Dow
Rebecca Cole
LABOR COMPLIANCE
Nancy Cambra
AQUATICS FACILITIES
SUBJECT MATTER EXPERT, QA/QC
Chris Eccles, PE
INSPECTOR
Eric Nunez
PROJECT CONTROLS
Dee Yeh
ALTERNATE INSPECTOR
George Wallis
DEPUTY INSPECTION
Jason Gardiner
COST ESTIMATING &
SCHEDULE REVIEW
Jay Helekar, LEED AP BD+C
SOILS AND MATERIALS TESTING
AND INSPECTION
Garreth Saiki, PE, GE
Matt Jacobs
QA SURVEY
Tim Fettig, PLS
ROOFING/WATERPROOFING
Sean Connolly, RA, RWC, CCS
SITE WEB CAMERA MONITORING &
TIME-LAPSE VIDEO PRESENTATION
475Exhibit 4
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Ford Park Aquatics Center CM and Inspection
26 Key Personnel Background
CONSTRUCTION MANAGEMENT AND INSPECTION
Since 2005, numerous municipalities and agencies throughout the region have entrusted Ardurra with their construction management (CM) and inspection needs. Our team has experience with a wide range of projects, including water and sewer treatment and pumping facilities, storage, pipeline installation/rehabilitation, pavement rehabilitation, sidewalk and ADA pedestrian ramp installation, drainage improvement, and streetscape revitalization involving roadway reconstruction, parks, decorative concrete sidewalks, landscaping, irrigation, traffic signals, street lighting, and water feature construction, as well as managing multi-project capital improvement programs. In addition to the types of projects mentioned above, we also provide vertical construction management and inspection on projects such as fire stations, police departments, recreation centers, and libraries.
We deploy time-tested procedures and best management practices for the most vital project elements, such as safety; public relations; budget and cash flow; schedule review; measurement and payment; change management; labor compliance; utility coordination; quality assurance; claims avoidance; documentation protocol and communication; and project commissioning, acceptance, and closeout.
Not only is Ardurra successful at delivering CM and inspection services, but our CM and inspection professionals are considered leaders in the industry. They are frequently engaged to train public agency staffs and develop or improve standardized public agency department systems, procedures, and processes that incorporate industry best practices across capital project and development permit delivery.
Our staff members are well-versed in CPM scheduling, construction means and methods, web-based documentation, WATCH requirements, and Greenbook General Specifications.
Our team has worked on numerous federally funded projects and CDBG funded projects over the years and has well-established and proven templates that have been used as examples by Caltrans. We have an excellent track record for delivering exception free federally funded project oversight reviews and federal audits.
AQUATICS
Ardurra has an in-house Aquatics Group that has unmatched expertise in aquatic water treatment system and wet infrastructure design solutions. We have assisted clients around the world by providing intelligent design and process management solutions focused primarily within the attractions, research, aquaculture and industrial processes.
Our project portfolio includes experience with water parks, destination resorts, marine parks, aquariums, zoos, research and educational facilities, and aquaculture facilities of all sizes.
This global experience gives us the ability to provide full design, construction, construction inspection, site support, and startup and operational training for aquatics projects worldwide. Our diverse range of services also includes planning, procurement, and startup maintenance, making Ardurra a valuable provider of all the needs of the entire aquatic enterprise.
We understand the complications that are associated with the integration of water park, resort-themed attractions, and specialty water treatment design into the overall coordinated design of a project. Ardurra’s attractions design related experience includes treatment and engineering design for swimming pools, water parks, water rides, artificial lagoons, The Palace Hotel and Water Park
Since Ardurra works mostly
for municipalities, we have
extensive familiarity with
local, state and federal
procedures.
476Exhibit 4
City of Bell Gardens | March 30, 2023
Ford Park Aquatics Center CM and Inspection
27 Key Personnel Background
swim and snorkel reefs and lakes. Our projects have been located in hotels, resorts, theme parks, water parks, research, education and training facilities, and housing developments throughout the world. Example projects include:
The Palace Hotel and Water Park, also known as The Lost City at Sun City located in Bophuthatswana, Africa, involved the construction of 32,000 square meters of lakes, a 200-square-meter main swimming pool, a 200-square-meter children’s swimming pool, and eight fountain features. This project also included all pools and ride attractions associated with a themed water park, which consists of a 6,500-square- meter wave pool, a 2,500-square-meter continuous river, an 800-square-meter adult pool, a 400-square-meter children’s pool, two inner tube flumes, two body flumes, and a speed slide.
SeaWorld Aquatica Water Park, Orlando, FL. Ardurra provided the life support systems design for this park that included a 3,800-cubic-meter whale and dolphin stadium, a seal and penguin stadium, a large marine aquarium, and numerous independent salt and freshwater exhibits. This park is the largest of its kind in the world in which artificial water is used. The water systems conceived and designed include recirculation, aeration, biological removal of ammonia and organic waste, flocculation, sedimentation, filtration, chlorination, and ozonation and cooling. A filter backwash recovery system in the 16-mgd main treatment plan minimizes use of expensive artificial seawater and allows 99.9 percent recycling. Hawaiian Waters Adventure Park, Kapolei, HI. Ardurra provided programming, planning, construction documents, and construction administration as required for the development of a $16.5 million Hawaiian-themed water park in West Oahu. Water attractions include an 18,000-square-foot wave action pool, a 15,000-square-foot continuous river, a 5,200-square-foot family activity pool, a 3,7000-square-foot children’s activity pool, a 1,600-square-foot adult leisure pool, seven inner-tube flumes, three body flumes, and four speed slides. Miscellaneous buildings include an entry building, administration building, arcade/retail building, restroom/food court buildings and back-of-house building.
Aria Resort Casino and Spa, Las Vegas, NV. Ardurra provided programming, planning, construction documents, and construction observation as required for the construction of four main pool deck swimming pools, two VIP pools, three hydrotherapy spas, and a “bowl” fountain; seven-day spa indoor pools, an outdoor terrace pool and a spa water feature; and four miscellaneous fountains/decorative water features for the MGM Mirage Hotel Group.
Atlantis Sanya Aquaventure Water Park, Hainan, China. Highlights of the water park include interactive experiences with dolphins and sea lions, a wave pool, and a number of exhilarating water slides. The Lost Chambers features the 13.5-million-liter Ambassador Lagoon, which is one of the largest open-air aquariums in the world.
Ardurra provided water treatment services for all of the water park slides and pools as well as for the hotel swimming pools.
Reef Plunge Water Slide at
SeaWorld Aquatica Water Park
Wave Pool at Hawaiian Waters Adventure Park
Aria Resort Casino and Spa
Water Slide at Atlantis Sanya Aquaventure
Water Park
477Exhibit 4
City of Bell Gardens | March 30, 2023
Ford Park Aquatics Center CM and Inspection
28 Key Personnel Background
COMMUNITY RELATIONS
Ardurra’s dedicated, award-winning Community Relations team consists of communications professionals, former journalists, public agency staffers and creative and tech experts who create effective messaging and branding with “one voice. ” Using creative and engaging formats, we deliver timely and consistent messaging to diverse audiences that create awareness, deflect mis-perceptions, and protect projects from community outcry, political opposition, schedule slip, cost creep, and other unnecessary headaches. We have earned multiple awards, positive media, and industry coverage, and showcase recognition for our clients, projects, and agency leaders.
We apply strategic methods to deliver measurable success. Whether cities need to communicate about a highly visible or controversial project or engage stakeholders to educate, increase understanding, gather input, and gain additional project support. Each effort is tailor-made from the start by listening intently to you. We conduct timely research, build a comprehensive plan, and implement effective tools and tactics using proven, cost-effective methods to keep your project on track and within schedule and budget.
For construction projects, our in-house team of dedicated community relations professionals—most with 20+ years of experience—can provide general outreach to inform the public and stakeholders on progress of project, including social media, City website updates, graphics/flyers, and facilitation of public information meetings. We also offer bilingual and bicultural outreach services as important information is shared and affected homeowners are always kept up to date. Our deep, proven experience, dedication and passion will help you and your projects succeed.
Key Services
Strategic Communications Planning
Educational Materials and Mailers
Websites, Apps, Landing Pages and
Social Media
Media Relations
Public Meetings and Facilitation
Presentations and Tours
Groundbreakings and Dedications
Graphic Design, Branding and Video
development
Our proposed community relations project manager, Gabriela Dow, has assisted city Parks & Recreation programs with various communications services such as development of outreach plans, message development, events management, material development, and public and media relations. Projects have included outreach for Boardwalk Trails that impacted hiking and community groups, Lake Calavera trail signage and dedication, National Public Lands Day. Gabriela supported the City of Carlsbad with promotion of the Alga Norte Community Park grand opening, with a cornerstone of Alga Norte aquatic center that features a 56-meter competition pool, a 25-yard, 12-lane instruction pool, a warm-water spa for adults, and a fitness room designed for aquatic strength training. Gabriela created digital ads for aquatics programs at Alga Norte, which operates on a business model that strives for self-sufficiency and seeks to achieve 100-percent cost recovery with competitive swimmers and divers immediately filling the pool schedule, along with professional teams and athletes in training.
Gabriela wrote articles to feature the Aquatic Center, like in Parks & Rec Business (screenshot shown above, and the entire article can be found at https://www.parksandrecbusiness.com/ articles/2014/06/06/a-star-studded-lineup). She even gathered community members for the The entire article can be found at:
https://www.parksandrecbusiness.com/
articles/2014/06/06/a-star-studded-lineup
478Exhibit 4
City of Bell Gardens | March 30, 2023
Ford Park Aquatics Center CM and Inspection
29 Key Personnel Background
photo shoot, including her own boys featured in the underwater photography, to provide all necessary material to national magazines pitched for feature coverage of the aquatic center.
Through our work supporting construction projects, we also provide communications services to engage prospective designers, contractors and subcontractors for projects. For example, we created a successful “INDUSTRY DAY” for the East County Advanced Water Purification program, which initiated a procurement process for the major elements of the program through four Progressive Design-Build (PDB) packages.
The PDB contract amounts were estimated to range from $10 million to $260 million for this regional project in East San Diego County with four JPA partners including Padre Dam Municipal Water District, the City of El Cajon, Helix Water District, and the County of San Diego.
Our Ardurra Community Relations team managed all elements of Industry Day for a standing- room-only audience to learn more about each construction project. Information about the program can be found at https://eastcountyawp.com/.
EXPERIENCE WITH VARIOUS FUNDING REQUIREMENTS
Since Ardurra works mostly for municipalities, we have extensive familiarity with local, state and federal procedures, both in helping to obtain funding and in delivering the pertinent documentation. We coordinate successfully with these agencies by communicating early and addressing their requirements to achieve a smooth approval process. Our team is well-versed with the requirements of the agencies funding this project, which include Community Development Block Grants (CDBG) and Proposition 68 funds.
Our team has worked on many federally funded projects over the years. Our experience includes projects funded through CDBG, State Water Resources revolving fund loans and EPA grants, and local municipality general funds. Our experts have a working knowledge of labor compliance requirements on State DIR-controlled projects as well as federal Davis-Bacon controlled projects that includes Section 3 and Build America, Buy America (BABA) requirements.
KEY PERSONNEL
Leading the Ardurra team as Construction Manager is John Wolitarsky. He is a Certified Construction Manager with more than 35 years of experience on complex, high-profile projects, including several swimming pool/community center facilities such as El Monte Aquatics Center, Santa Monica Swim Center, City of San Fernando’s Aquatic Center, City of Long Beach's Belmont Pool Phases 1 and 2, and Culver City Plunge. As you will see in his resume, John has managed numerous $10-million+ projects with great success. This project is a priority for John, and he will dedicate at least 50% of his time to this Ford Park Aquatics Center project.
John is supported by a team of experienced inspectors, project controls and labor compliance specialists, community relations professionals, as well as expert subconsultant partners in soils and materials testing and inspection, deputy inspection, QA surveying, cost estimating, scheduling, roofing/waterproofing, as well as onsite web camera monitoring and time-lapse video presentation. We also have an in-house aquatics group that can serve as a resource for elements such as pool heaters, filtration systems, disinfection, pumps, commissioning water conditioning, etc. This team is skilled at working with all stakeholders, contractors, City consultants, architects, engineers, and the community.
The table on the following page summarizes our team members' qualifications.
Ardurra's community relations group managed
all elements of Industry Day for the East
County Advanced Water Purification program,
which was a huge success as evidenced by a
standing-room-only audience.
Our team has experience
successfully working with
the Ford Park Aquatics
Center architects on prior
projects.
479Exhibit 4
City of Bell Gardens | March 30, 2023
Ford Park Aquatics Center CM and Inspection
30 Key Personnel Background
Name/Firm/Role Years of Experience Education/Training/Registrations Certifications/Other Dino D’Emilia, PE, F . ASCE, QSD
Ardurra
Principal-in-Charge
32 total
13 with firm
BS/1991/Civil Engineering
1996/PE/Civil/CA #C55453
Fellow, American Society of Civil Engineers
Qualified SWPPP Developer
John Wolitarsky, CCM | Ardurra
Construction Manager
37 total
7 with firm
BS/1986/Business Administration Certified Construction Manager (CCM) #10457 Eric Nunez | Ardurra
Inspector
33 total
3 with firm
AA/1980/Liberal Arts
CM Coursework/2020/Fullerton College
Water Distribution Treatment Coursework/2020
ICBO Continuing Ed: MEP , Building ADA, Fire
Resistance, Occupancy, Green & Energy Code
ICC Certified Commercial/Residential Building
Inspector
ICBO Commercial Building Certified
D3 Water Distribution Certification, State of
California
George Wallis | Ardurra
Alternate Inspector
41 total
1 with firm
U.S. Navy Diesel Engine School, Salvage
School, Fire Fighting School, Planned
Maintenance
Drafting, Management, Communication
CA Contractor License #965450
IBM: Work Place Safety Training; IBM
Confined Space Entry; IBM Chemical
Handling; IBM Chemical Storage;
IBM Chemical Transportation and Disposal
OSHA 10 & 30
Dee Yeh | Ardurra
Project Controls
11 total
2 with firm
BS/1993/Facility Planning and Management
Gabriela Dow | Ardurra
Community Relations
31 total
1 with firm
BA/English Literature and Communications
Journalism and International Relations at
Universidad Complutense, Madrid, Spain
Rebecca Cole | Ardurra
Community Relations
26 total
1 with firm
BA/English
Nancy Cambra | Ardurra
Labor Compliance Support
26 total
19 with firm
Mira Costa College Notary Public
Chris Eccles, PE | Ardurra
Aquatics Facilities SME, QA/QC
22 total
22 with firm
BS/Civil Engineering
Professional Engineer: CA, FL, WA, TX, CO, CT
Jason Gardiner
Advanced Service Industries, Inc.
Deputy Inspection
36 total
16 with firm
AWS/CWI Certified Welding Inspector
ICC: CA Commercial Building; CA Commercial
Plumbing; CA Commercial Mechanical; CA
Commercial Electrical; Master of Special
Inspection; Reinforced Concrete Special
Inspector; Structural Welding Special Inspector
ICC: Structural Steel and Bolting Special
Inspector; Structural Masonry Special
Inspector; Prestressed Concrete Special
Inspector; Spray Applied Fireproofing
Special Inspector; ACI-Concrete Field-Testing
Technician Grade-1
Tim Fettig, PLS
Guida Surveying, Inc.
QA Survey
35 total
27 with firm
Surveying & Mapping/Santa Ana College and
Santiago Canyon College
Southern California Surveyors Joint
Apprenticeship Committee Surveyor
Apprentice Program/1993
Professional Land Surveyor #7542/CA/1999
IUOE Local 12, Licensed Party Chief
Jay Helekar, LEED AP BD+C
HL Construction Management
Cost Estimating & Schedule Review
26 total
15 with firm
California State University, Long Beach/1996
Garreth Saiki, PE, GE
Ninyo & Moore
Soils & Materials Testing/Inspection
37 total
25 with firm
MBA/1998
MS/1989/Geotechnical Engineering
BS/1987/Civil Engineering
1992/PE/Civil/CA #49665
2000/GE/Geotechnical/CA #2509
Nuclear Gauge Operator Certification
Matt Jacobs
Ninyo & Moore
Soils & Materials Testing/Inspection
17 total
11 with firm
ACI Concrete Field Testing Technician Grade I
ICC Reinforced Concrete Special Inspector
ICC Soils Special Inspector
OSHA 10 Hour; OSHA 40 Hour Hazwoper
OSHA Excavation Competent Person
Radiation (Nuclear Gauge) User Safety
Sean Connolly, RA, RWC, CCS
Walker Consultants
Roofing/Waterproofing
18 total
4 with firm
BA/Architecture
Licensed Architect – CA and WA
Registered Waterproofing Consultant
Certified Construction Specifier, CSI
Construction Documents Technology, CSI
Team Qualifications
480Exhibit 4
City of Bell Gardens | March 30, 2023
Ford Park Aquatics Center CM and Inspection
31 Key Personnel Background
SUBCONSULTANT PARTNERS
Advanced Service Industries, Inc. | Deputy Inspection
Established in 2004, Advanced Service Industries, Inc. (ASI) specializes in construction inspection, materials and nondestructive testing and QA/QC services throughout California.
ASI offers a superior level of service to its clients through customized programs specific to each project. This approach allows ASI to offer all necessary services throughout the duration of the project at the most cost-effective level. This service-centric approach has positioned ASI as a leading inspection and testing firm throughout California. ASI is a California Certified Small Business Enterprise (SBE) #51210. ASI’s inspectors and technicians carry certifications such as the following: International Code Council (ICC); American Welding Society, Certified Welding Inspector (AWS/CWI); Division of the State Architect (DSA); Office of Statewide Health Planning and Development (OSHPD); National Board of Boiler and Pressure Vessel Inspectors (NBIC); American Society of Nondestructive Testing (ASNT); American Concrete Institute (ACI); Caltrans; and Cities of Los Angeles, San Diego and all other California regional jurisdictions.
Guida Surveying, Inc. | QA Survey
Guida Surveying, Inc., is a multi-discipline land surveying firm that has provided surveying services throughout California since 1995. Guida employs over 90 highly skilled surveyors, field crews, and office personnel. By offering a depth of staffing resources, Guida provides flexibility to accommodate working off-hours, variable days, and locations. Surveying has long held an important place in the Guida family, and the firm is fully invested in being trusted advisors to its teaming partners. Guida's goal is to provide well-managed and well- delivered projects. Guida utilizes a blend of traditional methods with new and innovative technologies for the creation and delivery of the best and most accurate work products possible to its clients. Guida constantly looks for ways to utilize new equipment and software to efficiently solve complex survey challenges.
Guida is a certified Small Business Enterprise (Department of General Services) as well as a certified Woman Owned Business Enterprise (California Public Utilities Commission).
Additionally, the firm is registered with the Department of Industrial Relations under DIR #1000006862.
HL Construction Management | Cost Estimating and Schedule Review HLCM was founded in 2008 on the foundation of providing pre-construction cost estimating for public sector clients in California. HLCM has a highly trained team of professional estimators who understand the pre-construction effort of publicly funded projects, including municipal aquatics and recreation complexes, providing cost estimating services for planning and development of city facilities, infrastructure, and sustainability. HLCM has an extensive portfolio providing feasibility studies and milestone estimating on a wide range of aquatic and recreation projects.
HLCM's services include project controls for public works aquatic projects with experience working closely with the project team, aquatic design consultants, and city directors on capital improvement projects. HLCM's services encompass budget development, cost management, scheduling, constructability reviews, and sustainability cost analysis. 481Exhibit 4
City of Bell Gardens | March 30, 2023
Ford Park Aquatics Center CM and Inspection
32 Key Personnel Background
For the City of Bell Gardens Ford Park Aquatics Center project, HLCM offers a diverse and local team who have demonstrated cost estimating for many sophisticated aquatic centers.
The HLCM team portfolio includes working with specialized aquatic design firms on aquatic complexes, pool renovations, recreation complexes, site development, competition pools, recreation pools, demolition of existing pools, splash zone areas, water play areas, utility infrastructure, chemical and pool equipment storage rooms.
Ninyo & Moore | Soils and Materials Testing and Inspection Ninyo & Moore Geotechnical and Environmental Sciences Consultants, a California Corporation, was established in 1986 to provide consulting services in geotechnical engineering, construction inspection and testing, engineering geology, hydrogeology, hazardous waste remediation, and environmental assessment. The experience of Ninyo & Moore’s geotechnical staff encompasses projects including evaluations for roads, highways, storm drains, pipelines, treatment plants, power plants, bridges, municipal and commercial structures, educational, medical and recreational facilities, tunnels, tanks, reservoirs, dams, waste-to-energy facilities, transmission towers, harbors and off-shore structures, railroads, airports, lowland high-rise structures, landfills, and other public and private works. Ninyo & Moore's environmental staff has diverse experience in environmental assessments, water quality evaluations, environmental audits, regulatory compliance studies, water resources development, soil and groundwater contamination studies, and site remediation.
Ninyo & Moore has three fully equipped, certified soils and materials testing laboratory facilities in southern California supervised by registered engineers. Ninyo & Moore's laboratories are certified by the American Association of State Highway and Transportation Officials (AASHTO), the Cement and Concrete Reference Laboratory (CCRL), Caltrans, DSA, the City of Los Angeles, and many other agencies.
Walker Consultants | Roofing/Waterproofing
Walker Consultants is a specialized consulting, design, engineering, and planning firm. Walker's professionals are dedicated to proactively designing for durability and environmental concerns as well as extending the life and value of your building assets.
Walker’s building envelope experts are also experienced forensic and construction defect investigators, so they know the costly mistakes to avoid.
Design and Construction Documents
Air Barrier Continuity
Basis of Design Reports
Below-Grade Waterproofing
Building and Energy Code Review
Hygrothermal and Condensation
Analysis
Facade Access and Maintenance Studies
Facade Cladding and Wall Assemblies
Fenestration Selection, Flashing, and
Tie-Ins
Roofing, Waterproofing, Plaza Design
Specifications
Bidding Services
Bid Review and Negotiations
Descope Meetings
Value Engineering
Construction Phase
Change Order Review
Construction Observations and Reports
RFI Review
Field Sketches
Mock-up Coordination and Testing
Pre-Warranty Coordination
Shop Drawing and Submittal Review
482Exhibit 4
City of Bell Gardens | March 30, 2023
Ford Park Aquatics Center CM and Inspection
33 Key Personnel Background
Multivista | Site Web Camera Monitoring and Time-Lapse Video Presentation Multivista uses cutting-edge visual technology to revolutionize how projects are managed before, during and after construction. Multivista’s construction webcams have been used successfully on some of the world’s largest construction projects. Utilizing high-quality, maintenance-free cameras has never been easier. Multivista's construction webcam applications can be customized for use in any project, from single point-of-interest solutions to complete 360-degree perspectives of the entire jobsite. Multivista helps coordinate every detail, including webcam setup, 24/7 hosting of the streaming video footage, and ongoing webcam maintenance.
One-click time-lapse camera system: Multivista automatically archives still images, taken from your project webcams so that you can create dynamic time-lapse videos in seconds.
Webcam services to manage the jobsite remotely:
– Time-Lapse Image & Video of Jobsite Progress: Generate custom slideshows and access archived images on demand.
– 2-20 Megapixel Options: There is a construction camera for your specific need. – PTZ (Pan-Tilt-Zoom) or Fixed-Position: Various levels of webcam interaction. – DSL or Cellular, Solar-Powered or Wired: A connection type for every job site. – Multi-Positional Archiving: Program up to 4 distinct time-lapse videos, taken from multiple vantage points, using the same PTZ webcam.
– Company Website Display: Add your live construction feed directly to any area of your website for public viewing.
– Anytime Live Access: Seamless mobile access on iPhone, iPad and Android devices. – Global View: Monitor up to a dozen active project webcams from one centralized viewer.
– High Definition: See the big picture with enhanced image resolution. – Easy Access, Intuitive Control: Access construction webcam features remotely within the Multivista platform.
RESUMES
We have provided resumes for each of our team members on the following pages. 483Exhibit 4
City of Bell Gardens | March 30, 2023
Ford Park Aquatics Center CM and Inspection
34 EDUCATION
BS/1991/Civil Engineering,
Northeastern University, Boston
REGISTRATIONS
1996/PE/CA #C55453
CERTIFICATIONS
Fellow, American Society of Civil
Engineers (F .ASCE)
Qualified SWPPP Developer (QSD)
PROFESSIONAL AFFILIATIONS
Guest Lecturer in Construction
Management, CSU Long Beach,
College of Engineering, 2016
American Public Works Association
(APWA), Southern California
Chapter 2011 President and 2012
Congress Finance Chair
City Engineers Association
County Engineers Association
Construction Management
Association of America
American Society of Civil Engineers
Chi Epsilon, 1990-present
HONORS AND AWARDS
Top Leader, Private Sector, APWA
Southern California Chapter, 2004
President’s Chapter Service Award,
APWA Southern California Chapter,
2004
YEARS OF EXPERIENCE
32 total/13 with firm
Ardurra’s California Public Works Practice Director, Dino D’Emilia, PE, F .ASCE, QSD, has delivered public works infrastructure projects valued at more than $1 billion for public agency clients. His abilities as a project and construction manager are highlighted with the City of Long Beach’s $103.1M Belmont Pool Rebuild and Revitalization, and the City of Torrance’s $21M Transit Center Project and $15M Del Amo Boulevard Extension. He has played critical roles on infrastructure projects to build, renew and upgrade freeways, city streets, transit centers, pedestrian paths, light rail, water mains, sewers, storm drains, greenbelts, soccer fields, and recreation centers.
In keeping with his passion for building infrastructure, Dino actively participates in local chapters of the American Public Works Association, the American Society of Civil Engineers and Construction Management Association of America. He supports the growth and development of emerging engineers as a mentor to colleagues, provides construction management best practices training to agency public works staff, and serves as a guest lecturer on construction management at the University of Southern California, Loyola Marymount University and California State University, Long Beach.
RELEVANT EXPERIENCE
Belmont Plaza Pool Rebuild/Revitalization Project, City of Long Beach. Project manager for the $85 million aquatics center replacing the now-demolished Belmont Olympic Pool. The new facility will host swimming, water polo, and platform diving events at the local, regional, and national levels.
Represents the City and its interests in all negotiations, meetings, community outreach, entitlements, permitting, design management and related activities throughout the project. The project required extensive public outreach and implementation of a stakeholder advisory committee during the programmatic and conceptual design phases. An extensive Environmental Impact Report (EIR) with an extended comment period and four public study sessions were required to achieve CEQA clearance.
The project also required extensive additional analyses and coordination with the California Coastal Commission to address numerous appeals and concerns regarding citywide access to the pools, sea-level rise/wave uprush and beach erosion as well as justification of alternate project sites. Conducted bidability and constructability reviews assessing temporary facilities, demolition and the new facilities’ project documents. Implemented the demolition of the prior, condemned facility and construction of necessary temporary facilities to continue operation of the aquatics department and required restroom and shower facilities while the permanent facility was planned, designed, and entitled.
Alamitos Beach Concession, City of Long Beach. Principal-in-charge for the construction of a two- story beach concession stand/restaurant and two auxiliary buildings. Responsibilities include submittal review, meeting preparation, keeping RFI log up to date, logging and file inspection requests and reports, assisting with preparation of independent cost estimates and updating plan sheets. The City had become concerned that the contractor would potentially be taking on too much work outside of his demonstrated expertise and improperly staffing the job to maintain both field and office progress. The City selected the Ardurra PM/CM team to assist the contractor in keeping the project on track and able to deliver a successful project to the City. The contractor eventually defaulted, and Ardurra was instrumental in coordinating takeover of the remaining work by the surety, addressing encountered construction defects, and overseeing completion of the work by the takeover contractor. Ardurra also assists with very successful settlement negotiations with the surety and resolution of related claims.
Redondo Beach Transit Center, City of Redondo Beach. Principal-in-charge for the new $11.5-million Redondo Beach Transit Center. Provided construction management and inspection along with other professional services required to undertake and successfully manage construction of this Dino P . D’Emilia, PE, F .ASCE, QSD
Principal-in-Charge
484Exhibit 4
City of Bell Gardens | March 30, 2023
Ford Park Aquatics Center CM and Inspection
35 Dino P . D’Emilia, PE, F .ASCE, QSD | Ardurra